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Q,'' ob 01 :::Wmr' it "sF ,,e, !a iafa.tdei teja it iei25;e� asi5e r., d' irf aD a Z.1?!a"sii 5'.'+5:{4?°a..i 6. Fa is O!ON! RESOLUTION RE: APPROVAL OF SPECIAL USE PERMIT FOR AN OPEN CUT MINE OPERATION FOR GRAVEL FOR FRONTIER MATERIALS, INC. , 1738 WELD COUNTY ROAD 201/2, LONGMONT, COLORADO 80501. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, Colorado held a public hearing on the 4th day of June, 1980 at the hour of 2 : 00 o'clock p.m. in the Chambers of the Board of County Commissioners for the purpose of hearing the application of Frontier Materials, Inc. , 1738 Weld County Road 201/2, Long- mont, Colorado 80501, for a Special Use Permit for an open cut mine operation for gravel on the following described real estate, to-wit: A parcel of land located in the Northeast Quarter, Section 20 and the South Half of Section 17 all in Township 2 North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado being more particularly described as follows: Considering the East line of Section 17 as bearing North 0°25 ' 35" West and with all bearings contained herein relative thereto. Commencing at the Northeast Corner of said Section 20; thence along the East line of the Northeast Quarter of said Section 20 South 0°14 ' 01" West 1328 . 19 feet to the Southeast corner of the Northeast one quarter of the Northeast one quarter; thence North 89°48 ' 37" West 1330. 78 feet to the Southwest Corner of the Northeast one quarter of the Northeast one quarter of said Section 20; thence along the West line of the Northeast one quarter of the Northeast one quarter of said Section 20 , North 0°14 ' 30" East 836 .78 feet, thence North 79°13 ' 02" East 164 . 83 feet; thence South 79°50 '46" East 173 .16 feet; thence North 49°22 ' 27" East 249 .65 feet; thence South 85°59 ' 17" East 156. 81 feet; thence North 55°00 ' 00" East 150 . 30 feet; thence North 2°19 ' 45" East 251. 70 feet to a point on the South line of Southeast one quarter of said Section 17 , whence the Southeast Corner of said Section 17 bears South 89°42 ' 52" East 521. 05 feet; thence con- tinuing North 2°19 '45" East 473 . 32 feet; thence North 23°16 ' 34" East 580.10 feet to a point on the Southwesterly right- of-way line of the Burlington Northern Railroad; thence North 38°32 ' 42" East perpendicular to the centerline of said rail- road 100 . 00 feet to a point on the Northeasterly right-of-way line of said railroad; thence along the Northeasterly right-of-way line of said railroad and parallel with the centerline of said railroad North 51°27 ' 18 " West 1011. 89 feet; thence departing last said line North 0°00 ' 00" East 925 . 02 feet to a point on the East-West centerline of said Section 17; thence along the East-West centerline of said Section 17 , North 89°52 ' 42" East 512 . 30 feet to the Northwest Corner of that certain parcel of land described in Book 1473 at Page 26, records of said County, whence the East one quarter corner of Section 17 bears North 89°52 ' 42" 469 .70 feet, thence along the Southerly and Easterly lines of that certain parcel of land described in Book 1473 at Page 26 the following five courses and distances: South 34°45 '02" East 338 . 18 feet; South 53°02 ' 35" East 280.20 feet; South 29°10 ' 35" East 41. 00 feet; South 0°43 ' 25" West 193 . 30 feet; South 57°15 ' 35" East 48 . 40 feet to a point on the East line of the South- east one quarter of said Section 17 , whence the East one quarter corner of said Section 17 bears North 0°25 ' 35" West 702 . 06 feet; thence along the East line of the Southeast one quarter of Section 17 , South 0°25 ' 35" East 1017. 12 feet to a point on the Northeasterly right-of-way line of the Burlington Northern Railroad, thence continuing South 0°25 ' 35" East, 128 . 62 feet to the Southwesterly right- of-way line of said railroad, thence con- tinuing South 0°25 ' 35" East 795 . 99 feet to the True Point of Beginning. The above described parcel of land contains 70. 08 acres , more or less. Except therefrom that certain parcel of land belonging to the Burlington Northern Rail- road being more particularly described as follows: Commencing at the Southeast Corner of Section 17; thence along the East line of the Southeast one quarter of said Section 17, North 0°25 ' 35" West 795. 99 feet to the True Point of Beginning, said point being on the Southwesterly right-of-way line of the Burlington Northern Railroad, thence along the Southwesterly right-of-way line of the Burlington Northern Railroad and parallel with the centerline of said railroad North 51°27 ' 18 " West 340. 92 feet; thence perpendicular to the centerline of said railroad North 38°32 ' 42" East 100. 00 feet to a point on the Northeasterly right-of-way line of said railroad, thence along the Northeasterly right-of-way line and parallel with the centerline of said railroad South 51°27 ' 18 " East 260 . 03 feet to a point on the East line of the Southeast one quarter of said Section 17; thence along said line South 0°25 ' 35 " East 128 . 62 feet to the True Point of Beginning. The above described parcel of land contains 0 . 69 acres more or less. Also subject to all other easements and right-of-way of record. WHEREAS, evidence was presented in support of the granting of the Special Use Permit for an open cut mine operation for gravel on the hereinabove described real estate, and WHEREAS, Section 3. 3 (E) (2) of the Weld County Zoning Resolu- tion authorizes such a use in an Agricultural District upon appro- val by the Board of County Commissioners, and WHEREAS, the Board of County Coituuissioners of Weld County, Colorado heard all of the testimony and statements of those present, has studied the request of the petitioner and the recom- mendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter, and having been fully informed, is satisfied that the request for a Special Use Permit for an open cut mine operation for gravel on the herein- above described real estate, conforms to the purposes of Section 3. 3 (E) (2) of the Weld County Zoning Resolution, and WHEREAS, an agreement concerning road maintenance between Frontier Materials, Inc. and Weld County, Colorado which is attached hereto and incorporated herein by reference and which relates to the Special Use Permit, has been presented to the Board of County Commissioners and the Board deems it advisable to accept the same and to authorize the Chairman to sign the agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the application of Frontier Materials, Inc. for a Special Use Permit for an open cut mine operation for gravel on the hereinabove described tract of land be, and hereby is, granted subject to the condi- tions and operation standards as recommended by the Weld County Planning Commission. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado that the reasons for approval contained in the Weld County Planning Commission recommendations dated April 1, 1980 be, and hereby are, adopted as the findings of fact of the Board of County Commissioners in this matter. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado that the agreement regarding road main- tenance as it relates to said Special Use Permit be, and hereby is, accepted and the Chairman of the Board is hereby authorized to sign the same. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of June, A.D. , 1980. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 411-Xu (Aye) C. W. Kirby,/Chairman Vc-c--7/141-'` - �. {�a. (Aye) Leonard L. Roe, Pro-Tem (Aye) Norman Carlson (Aye) unbar (Aye) \'�j�j e K. St inmark ATTEST: ° ' l Weld County Clerk and Recorder and Clerk to the Board y: _epfuty County erk (:::721t AS TO FORM: d County Attorney DATE PRESENTED: JUNE 9 , 1980 Date: April 1, 1980 CASE NUMBER: SUP-415: 80: 5 NAME: Frontier Materials , Inc. REQUEST: Open Cut Mining Permit - Gravel LEGAL DESCRIPTION: Pt. SE/ Sec. 17 and Pt . NE4 Sec. 20, T2N, R68W LOCATION: 5 miles north & 1',4 miles east of Erie THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE approved FOR THE FOLLOWING REASONS : 1. The request complies with the Weld County Extraction Plan. Mineral Resources, Volume II , Section C(3) . The Colorado Geological Survey aggregate resource maps of the Longmont guadrangle identifies the gravel deposit as F-1 Floodplain Deposit and as such, it is classified as a resource conserva- tion area. 2. It is the opinion of the Department of Planning Services staff that the proposed operation is in compliance with the provisions of Sections 3. 3(E) (2) and 6.1(3) of the Weld County Zoning Resolution. 3 . It is the opinion of the Department of Planning Services staff that open-cut mining operations as outlined and controlled in the Operations Standards will minimize impacts on surrounding uses and the area to the greatest extent possible and provide adequate protection of the health, safety, and welfare of the inhabitants of the area and the county. These determinations are based in part upon a review of the informa- tion submitted by the applicant , other relevant information regard- ing the request and the responses of the referral entities which have reviewed this request . The Department of Planning Services staff recommendation for approval is conditional upon the following : 1. The attached Operations Standards being recommended and approved for this request . 2. The following note being placed on the Special Use Permit Plat : Note : The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are therefore FRONTIER MATERIALS, INC. OPERATIONS STANDARDS 1. The uses permitted shall be the extraction of sand and gravel as described in the Information for Proposed Gravel Mining Operation Prepared for Frontier Materials by Rocky Mountain Consultants, Inc. , February, 1980. Said document is on file with the Weld County Department of Planning Services. In addition all uses permitted by right under Section 3.3B of the Weld County Zoning Resolution. 2. No excavation or processing of sand and gravel shall be permitted nearer than 10 feet to the boundary of adjacent property, easement or irrigation ditch or right-of-way, nor nearer than 125 feet to any existing residence, unless by written agreement the owner or owners of such adjacent property consent to a less distance and the Planning Commission approves such lesser distance. The Plann- ing Commission may set a greater distance than mentioned above when, in their opinion, it is justified. 3. All sand and gravel operations shall be conducted during the hours of daylight except in the case of public or private emergency or to make necessary repairs to equipment . This restriction shall not apply to operation of administrative and executive offices or repair facilities if located on the property. 4. The Special Use Permit area shall be maintained in such a manner so as to prevent soil erosion, fugitive dust and growth of noxious weeds. The site shall be maintained in such a manner as to present a neat and well kept appearance. 5. Existing trees and ground cover along public road frontage and drainageways 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. 6. Where topsoil is removed, sufficient arable soil shall be set aside, for respreading over the excavated area. 7. Insurance - The operator shall furnish evidence he is 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. 8. All phases of the sand and gravel operation shall comply with all applicable County, State and federal Health Standards and Regula- tions pertaining to air quality, water quality, noise emission and sanitary disposal systems. 9. All access roads from surface gravel mining operations to public highways, roads, or streets, or to adjoining residentail struc- tures, shall be paved or otherwise treated to minimize dust 1- * UP-415: 80:5 Frontier Materials, Inc. THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDATION April 1, 1980 under the jurisdiction of the Mined Land Reclamation Board, however, Weld County has jurisdiction of those matters outlined in the Operations Standards. 3. The extraction of sand and gravel shall not take place on the Special Use Permit area until the Operations Standards for the Special Use Permit have been placed on the Special Use Permit plat and said plat has been delivered to the office of the Department of Planning Services. 4. The applicant shall, prior to scheduling this request before the Board of County Commissioners, offer an acceptable program of road maintenance to the Weld County Board of County Commissioners which will be required to mitigate negative impacts generated by the gravel mining operation to the county road system. The applicant shall submit an engineering analysis to determine the program of road maintenance which will be required. This program shall be reviewed by the Weld County Engineering Department and the Boulder County Public Works Department prior to the Board of County Commissioners hearing. Frontier Materials, ,-c. Operations Standards Page 2 conditions on all parts of such access roads which are located within one-fourth miles of the public highways, road, street, or adjoining residential structur. All accesses shall have the approval of the Weld County Engineering Department . All accesses shall be constructed in accordance with the recommendations and/or requirements of the Weld County Engineering Department . 10. Lighting provided for security on the site shall be designed so that the lighting will not adversely affect surrounding property owners. 11. Any operations of the gravel pit should not obstruct the passage of the 100-year flood flows to the point that it has any adverse effects on others. 12. Fuel tanks, septic tanks, and other items that might wash away during flooding and create "hazards to public health" should be located outside the 100-year floodplain or securely anchored and adequately floodproofed to avoid creation of this type hazard. Any additional temporary structures that may be required should be located outside the 100-year floodplain. 13. All temporary and portable structures should be removed from the area upon completion of mining and the land returned to as natural a state as possible. 14. All phases of the operation shall comply with the requirements of the Colorado Mined Land Reclamation Act and other applicable rules and regulations of governmental bodies having jurisdiction on the premises. 15. The owner and/or operator shall submit to the Weld County Depart- ment of Planning Services copies of any technical revisions, amendments, or annual reports submitted under the terms of the permit conditions for the Colorado Mined Land Reclamation Board. 16. A gravel processing plant for crushing and sizing may be allowed on site. 17. The Special Use Permit shall be limited to the plans shown hereon the governed by the Operations Standards stated above and all applicable Weld County Regulations. Any materail deviations from the plans and/or Operations Standards as shown or stated above shall require the approval of an amendment to the Special Use Permit by the Planning Commission and the Board of County Commissioners before such changes from the plans and/or Operations Standards shall be permitted. Any other changes from the plans and/or Oper- ations Standards shall be filed in the office of the Department of Planning Services. 18. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Operations Standards. Noncompliance with any of the above stated Operations Frontier Materials, Inc. Operations Standards Page 3 Standards may be reason for revocation of the Special Use Permit by the Board of County Commissioners. COMMENTS: 1. To date our office has not received any letters in opposition to this request for an open cut mine permit for the extraction of sand and gravel. 2. The Colorado Division of Water Resources and the Colorado Geological Survey have recommended that a water augmentation plan be approved prior to the County' s approval of the Special Use Permit . Colorado Statute places jurisdiction over the matter in the Division of Water Resources, State Engineer 's Office and Division Water Court. It is felt that consideration of factors relating to a water aug- mentation plan would be inappropriate in the current application. DEPARTMENT OF PLANNING SERVICES PHONE (303)356-4000 EXT 404 915 10TH STREET GREELEY,COLORADO 80631 rn 'in g) • I) COLORADO April 24, 1980 Barbara M. Bryan Boulder County Planning Division P. 0. Box 471 Boulder, CO 80306 Dear Ms. Bryan: The purpose of this letter is to bring you up to date concerning the application fran Frontier Materials, Inc. for a Special Use Permit in Weld County. On April 1, 1980 the Weld County Planning Carmission recommended approval of the Spe- cial Use Permit with the following condition: "The applicant shall, prior to scheduling this request before the Board of County Cannissioners, offer an acceptable program of road maintenance to the Weld County Board of County Carmissioners which will be required to mitigate negative impacts generated by the gravel mining operation to the county road system. The applicant shall suhnit an engineering analysis to determine the pro- gram of road maintenance which will be required. This program shall be reviewed by the Weld County Engineering Department and the Boulder County Public Works Department prior to the Board of County Ca nissioners hearing." The applicant has proposed to maintain only Weld County Road 2O. I have enclosed a copy of the proposal which is contained in a letter dated April 16, 1980 fran Rocky Mountain Consultants, Inc. I have also enclosed a copy of a memorandum dated April 22, 1980 fran the Weld County Engineering Department responding to the road maintenance proposal. I would appreciate it if I could receive sane additional comments before May 10, 1980 fran your office and the Boulder County Public Works Department concerning the appli- cant's road maintenance proposal. The applicant did not address the maintenance of County Line Road. If you have any questions concerning this matter, please feel free to contact me. Respectfully, °lust_ Chuck Cunliffe Assistant Zoning Administrator CAC:dr Enclosures °-a^n.-E 37? 7- = - - GPE__EY,C;_:Y= D: ."i _- \,_ . l E COLORADO August 12, 1980 Ms . Verna Sigg Rocky Mountain Consultants, Inc. 500 Coffman Street Suite 107 Longmont, CO 80501 RE: SUP-415:80:5 Frontier-Olson Gravel Pit revision of mining stage areas Dear Verna: Based upon a review of your letter dated August 1, 1980 and the plat that was submitted with the letter, the Department of Planning Services Staff is of the opinion that the proposed revisions regarding the location of the mining areas are not material deviations from what was originally approved. The Staff noted that there was only one tenth of an acre difference between the original and the revised plans with regard to the total surface area proposed to be mined. Your letter of August 1, 1980 and the revised plat showing the revision will be filed in our office for future reference. If you have any questions concerning this matter or if I maybe of any further assistance, please feel free to contact me. Respectfully, au.,92. c-AP-ii\-e-- Chuck Cunliffe Assistant Zoning Administrator CAC/dr cc: SUP-415:80:5 file DEPARTMENT OF PLANNING SERVICES PHONE (303)356-4000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 Eli O • COLORADO March 4, 1980 Mr. Henry Braly Frontier Materials, Inc. P.O. Box 95 Hygiene, Colorado 80533 RE: Request for a Special Use Permit for open cut mining permit for gravel on a parcel of land described as Pt. SE4 Section 17 and Pt. NE% Section 20, T2N, R68W of the 6th p.m. , Weld County, Colorad Dear Mr. Braly: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for Tuesday, April 1, 1980, at 1 : 30 p.m. This meeting will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to make your presentation on your request and be available to answer any questions the Planning Commission members might have with respect to your application. If you have any questions concerning this matter, please feel free to , contact our office. Respectfully, C9\400C1/4P'4 Chuck Cunliffe \sea." Assistant Zoning Administrator CC: sap cc: Mr. and Mrs. Lee Ervin Olson - 1738 Weld Co. Rd. 201, Longmont, CO 80501 Ms. Verna Sigg - Rocky Mtn. Consultants, 647 17th Ave. , Longmont, CO 805 • SENDER Complete items 1,2,and 3 pig 7250319 Add your address in the RETURN TO'spate on El reverse RECI APT FOR Cis:r�7LI�VE© CtflA)L 1 The tolimv,n} service o requested (check one; KO I':,SU'Y..C CDi_i iE7a'11DED— n Li Show to whom and dart delivered _t faDT Ffl i ee Re evversery ) i.1A1L (See Re) ❑ Shaw to whom,daft and address of del isery —CG. s NT TO RESTRICTED DELIVERY � � ,\ Show to whom and date delivered -C R6N o H_1 RESTRICTED DELIVERY Show to whom d..te and address of dtliserr $- PO STATE AND ZIP CO E %nS� (CONSI LT POSTMASTER FOR FEES) `�� r..� POSTA a S 2'\ ��qTICLE ADD�SSE�) � 0.1 y CERTIF ED FEE C st`l� Y)'v ~�- SPECIAL DELIVERY LL C� m `CC c c RESTRICTED DELIVERY C gi t _�-� - Z 3 ARTIC 111SESCRIPTION w w cu' SHN TO WHOM' DATEDELVEREDAt.D 0 mm REGISTERED NO CERTIFIED NO INSURED NO jac ya s - - — - — — n ue" ^ w y SHOW TO WHO'.1,DATE m _ H y A".D ADDRESS OF C 71 �]� \ a a a- DELIVERY - y I (Always obtain signature of addressee or agent) o w gf ToWHOC4ANDDATE - ¢ DELIVERED WITH RESTRICTED C CI I have received the article described abose us 0 DE'VERV _ m >, }eL,4 SIGNATURE E Addressee ❑ Authorized aunt SHO'.9TOWHOM DATE AND 70 E ADDRESS OF DELIVERY W'TH C ♦ } RESTR,CTEO DELIVERY r- r_ H = TOTAL POSTAGE AND FEES $ A DELI RY RKC m3 — ,-_ S' c \/�E' ,\ Q POSTMARK OR DATE D 5 ADDRESS (Complete only if requeste y(-9 I\CZ� . ` C Z0 JJJ �4 mI' en rj �`�� s 14. T 6 UNABLE TO DELIVER BECAUSE CLE 'S rn ) L 0 - D I= 1}GPO 1911-272-392 a ROCKY M OUNTAIN CONSULTANTS • INC • August 1 , 1980 Mr. Chuck Cunliffe Weld County Planning Department 915 Tenth Street Greeley, CO 80631 RE: SUP:415:80:5 Frontier-Olson Gravel Pit Dear Chuck: As per our telephone conversation, herein described are the changes proposed for the above referenced gravel mining operation. As part of the requirements for the Mined Land Reclamation Board application, a representative of the Colorado Division of Wildlife visited the proposed mining site. He suggested that the wetland areas on the site be mapped. Wetlands not only support substantial wildlife and must be mitigated if destroyed, but also mining in wetlands requires a 404 dredge and fill permit. Consequently, the owner and operator have agreed to avoid mining in any wetlands. Although this does not affect the outside boundaries of the site, the shape of the mining stages will be altered somewhat. The revised shape and size of stages 1 through 3 are shown on the enclosed drawing along with the location of the wetlands. The total number of surface acres mined will not change. If you have any questions or concerns regarding this change, please feel free to contact me. Very truly yours, ROCKY MOUNTAIN CONSULTANTS, INC. (.J4�4x,a- . Verna Sigg Approved: ,, , Ken ohm - , „, , , , ., . VS:cs Longmont Office Denver Office Estes Park Office 500 Coffman St ,Suite 107 4260 East Evans Avenue,Suite 7 Park Lane Building, Room 109 Longmont, Colorado 80501 Denver, Colorado 80222 Estes Park, Colorado 80511 (303) 772-5282, (303) 665 6283 (Metro) (303) 758 4532 (303) 586-2458 (Metro) 825-8233 . fflownonnn ) To Verna Sigg Date June 23, 1980 COLORADO From Chick Cunlif_e Subject: SUP-415:80:5 Frontier-Olson Gravel Pit Enclosed is an executed sepia copy of the Special Use Permit filing plat. Our office chose to record the original plat. I am returning both the original and the sepia of the reclamation plan map to retain in your files. I will be seraling you a purported copy of the plan with the recording information when it becomes available from the Clerk and Recorder's office. If you have any questions, please feel free to call me. Respectfully,Ow-St. Chuck Cunliffe Assistant Zoning Administrator R . M . J . Inc . Ad& Rocky Mountain Consultants Incorporated June 10, 1980 Mr. Chuck Cunliffe Weld County Planning Department 915 Tenth Street Greeley, Colorado 80631 Dear Chuck: I am forwarding under separate cover the original and the mylar sepia of the plans for the Frontier-Olson gravel pit. Please have both sets recorded and signed as necessary and return to me either the original or the sepia, whichever is least desireable for your purposes. Please contact me if you have any questions. Very truly yours, ROCKY MOUNTAIN CONSULTANTS, INC. A:7 Verna Sigg dp „to 1.3,41 :Cr) •\ W - U4' Longmont Office Denver Office Estes Park Office 647 17tn Avenue 4260 East Evans Avenue, Suite 7 P. O. Box 1649 Longmont, Colorado 80501 Denver, Colorado 80222 Estes Park, Colorado 80517 (303) 772-5282, (303) 665-6283 (Metro) (303) 758-4532 (303) 586-2458 mEmoRAnDum To Chu Cunl ,,) iffe Date April 22, 1980 C. COLORADO From Drew Scheltinga, Engineering Manager Subject: Frontier Materials S.U.P. This is in response to a letter dated Apri116, 1980 by Ken Rollin of Rocky Mountain Consultants, Inc., regarding hauling impact on Weld County Road 20%. I agree with Mr. Rollin that the cost of an engineering analysis to determine the road condition is not economically feasible considering the size of the proposed operation. His proposal that the applicant maintain Weld County Road 20% between County Line and Rinn seems reasonable. This is of course the Cazrurissioners designation, but it should be determined to what extent the applicant will maintain. Filling pot holes, repairing broken pavement edges and keeping up broken shoulders will probably be within the applicant's ability. However, if the road fails beyond patching type repairs and nccds total rebuilding, I am sure the applicant would not bear that expense. I suggest the applicant make their proposal to the Commissioners in written form explaining to what extent they would maintain Weld County Road 20% and what limitations they feel are reasonable. Sane questions have been raised about impact on County Line Road. Boulder County maintains south of 20% and Weld County maintains north of 20%. Certainly hauling created by this mine will add to the stress on County Line Road but it already exists as a major through road where Weld County Road 20% is not a major route. Drew Scheltinga Engineering Manager DS:sad DATE:April 22 , 1980 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearings for the 6th of June, - 1980 DUC 80-35 Town of Johnstown, SUP, Expansion of wastewater fac. DOC 30-36 Frontier Materials, Inc. , SUP, Open-pit gravel mining • • OFFICE OF THE CLERK TO THE BOARD BY: CC /Gci Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO R . M . j . Inc . Rocky Mountain Consultants Incorporated March 17, 1980 Fz Mr. Chuck Cunliffe . Weld County Planning Department P.O. Box 758 - Greeley, Colorado 80631 z / cr' Dear Chuck: Enclosed is a copy of the correspondence from the Burlington Northern Railroad concerning the crossing necessary for the operation of the pro- posed Frontier Materials gravel mine. This correspondence is referred to in the narrative portion of the Special Use request as Appendix C. There are 17 copies enclosed so that this information can be forwarded to all holders of the narrative portion of the Special Use Application. Please contact me if you have any questions. Very truly yours, ROCKY MOUNTAIN CONSULTANTS, INC. 1,:6,z-zz,r� L-,;(46, Verna L. Sigg Water Resources Planner APPROVED: (g_ f.1 Ken Rollin, Engineer VS:cs Enclosures Longmont Office Denver Office Estes Park Office 647 17tn Avenue 4260 East Evans Avenue, Suite 7 P O. Box 1649 Longmont, Colorado 80501 Denver, Colorado 80222 Estes Park, Colorado 80517 (303) 772-5282, (303) 665-6283 (Metro) (303) 758-4532 (303) 586-2458 BURLINGTON NORTHERN File: 0-410 (A-0312) BURLINGTON NORTHERN INC. 3700 Globeville Road Denver, Colorado 80216 March 12, 1980 Mr. Henry Braly Frontier Materials, Inc. P. 0. Box 95 Hygiene, Colorado 80533 Dear Mr. Braly: We have your letter of February 28 with completed crossing application for private crossing, and this is to acknowledge receipt of your letter. Since there is no agreement covering this crossing, placed by persons unknown at some point in the past, we are having our Engineering Department put together a cost estimate, after making a crossing survey, to put in a standard 24-foot crossing. This information will then be passed to you, and if you are agreeable to the cost estimate, the wheels will be set in motion to install the crossing at your expense. Because there has been so much mixup and delay in our getting back to you, I wanted you to know we have the application and that we are progressing it, but that it is going to have to be on the basis of a new crossing, rather than rehabilitating an existing one, because there is no agreement. Very truly yours , D. H. Burns Division Superintendent CASE SUMMARY SHEET Case Number : SUP-415 : 80 : 5 P.C. Hearing Date: April 1 , 1980 Applicant : Frontier Materials, Inc. Property Owner: Mr. and Mrs . Lee E. Olson Size of Parcel : 69. 39 Acres Staff Member to Contact : Chuck Cunliffe Legal Description : Pt. SEA, Section 17 and Pt . NE!, Section 20 , T2N, R68W Location: 5 miles north and 1% miles east of Erie Existing Zoning: Agricultural Request : Open Cut Mining Permit - Gravel Possible Issues Summarized from Application Materials: 1 . Impact on roads from haul traffic. 2 . No objections from surrounding property owners . FIELD CHECK FILING NUMBER: SUP 415 DATE OF INSPECTION: 3/11/80 NAME: Frontier Materials REQUEST: Open Mine Permit for sand and gravel LEGAL DESCRIPTION: Pt SE% Section 17, Pt NE1 Section 20, T2N, R68W LAND USE: N Agriculture/Grazing E Agriculture S Agriculture/Grazing IV Agriculture ZONING: N Agriculture LOCATION: 5 miles north and 11/2 miles E Agriculture east of the Town of Erie S Agriculture IV Agriculture COMMENTS: - Parcel is primarily river-bottom land with numerous cottonwood trees. There is a large hill directly west of the parcel. It does not appear to be part of the SUP parcel. Access is to Weld County Road 211 (paved) and would appear to be very close to the bridge across Boulder Creek. Sight distance could be improved by moving the access point further west of the Bridge. There are about 8 residences in the immediate vicinity including the Olson Dairy. BY: llC c '?_ •( A . N O T I C E . Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Resolution, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, at the time specified. All persons in any manner interested in the Special Use Permit are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners , located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 80-36 Frontier Materials, Inc. 1738 Weld County Road_ 20 z Longmont, CO 80501 DATE: June 4 , 1980 TIME: 2 : 00 P.M. REQUEST: Special Use Permit - Open pit mine-gravel LEGAL DESCRIPTION Description of a parcel of land located in the NE4 Sec. 20 and the SZ of Sec. 17 all in T2N, R68W. of the 6th P.M. , County of Weld, State of Colorado being more particularly described as follows: Considering the East line of Section 17 as bearing N0°25 ' 35"W and with all bearings contained herein relative thereto. Commencing at the Northeast Corner of said Section 20; thence along the East line of the Northeast 4 of said Section 20 S 0°14' 01" W 1328 . 19 feet to the Southeast Corner of the Northeast one quarter of the Northeast one quarter; thence N89°48 ' 37"W 1330. 78 feet to the Southwest Corner of the Northeast one quarter of the Northeast one quarter of said Section 20; thence along the West line of the Northeast one quarter of the Northeast one quarter of said Section 20 , N 0°14' 30" E 836 . 78 feet; Lhence N 79°13 ' 02" E 164. 83 feet; thence S79°50 ' 46"E 173. 16 feet; thence N 49°22 ' 27" E 249 . 65 feet; thence S85°59 ' 17" E 156. 81 feet; thence N 55°00 ' 00" E 150. 30 feet; thence N2°19 ' 45"E 251. 70 feet to a point on the south line of the Southeast one quarter of said Section 17 , whence the Southeast Corner of said Section 17 bearsS89°42 ' 52"E 521. 05 feet; thence continuing N2°19 ' 45"E 473. 32 feet; thence N23°16 ' 34"E 580. 10 feet to a point on the Southwesterly right-of-way line of the Burlington Northern Railroad; thence N38°32 ' 42"E perpendicular to the centerline of said railroad 100. 00 feet to a point on the northeasterly right-of-way line of said railroad; thence along the northeasterly right-of-way line of said railroad and parallel with the centerline of said railroad N51°27 ' 18"W 1011. 89 feet; thence departing last said line N0°00 ' 00"E 925. 02 feet to a point on the East-West centerline of said Section 17; thence along the East-West centerline of said Section 17, N89°52 ' 42"E 512. 30 feet to the Northwest Corner of that certain parcel of land described in Book 1473 at Page 26 , records of said county, whence the East one quarter corner of Section 17 bears N89°52 ' 42" 469 .70 feet, thence along the southerly and easterly lines of that certain parcel of land described in book 1473 at Page 26 the following five courses and distances: S34°45 ' 02"E 338. 18 feet; S53°02 ' 35"E 280. 20 feet; S 29°10 ' 35"E 41. 00 feet; S0°43 ' 25"W 193. 30 feet; S57°15' 35"E 48. 40 feet to a point on the East line of the Southeast one quarter of said Section 17 , whence the East one quarter corner of said Section 17 bears N0°25 ' 35"W 702 . 06 feet; thence along the East line of the Southeast one quarter of Section 17, S 0°25 ' 35"E 1017. 12 feet to a point on the northeasterly right-of-way line of the Burlington Northern Railroad, thence continuing S0°25 ' 35"E, 128. 62 feet to the "6outhwesterly right-of-way line of said railroad , thence continuing S0°25 ' 35"E 795. 99 feet to the true point of beginning. The above described parcel of land contains 70 . 08 acres more or less. Except therefrom that certain parcel of land belonging to the Burlington Northern Railroad being more particularly described as follows: Commencing at the Southeast Corner of Section 17; thence along the East line of the Southeast one quarter of said Section 17, N0°25 ' 35"W 795. 99 feet to the true point of beginning, said point being on the southwesterly right-of-way line of the Burlington Northern Railroad, thence along the southwesterly right-of-way line of the Burlington Northern Railroad and parallel with the centerline of said railroad N51°27 ' 18"W 340. 92 feet; thence perpendicular to the centerline of said railroad N38°32 ' 42"E 100. 00 feet to a point on the northeasterly right-of-way line of said railroad, thence along the northeasterly right-of-way line and parallel with the centerline of said railroad S51°27 ' 18"E 260 . 03 feet to a point on the East line of the Southeast one quarter of said Section 17; thence along said line S0°25' 35"E 128. 62 feet to the true point of beginning. The above described parcel of land contains 0 . 69 arces more or less. Also subject to all other easements and right-of-way of record. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Keitha White, Deputy DATED: April 28, 1980 PUBLISHED: May 1, 1980 and May 22, 1980 in the Johnstown Breeze N"""I Commencing at the Southeast Cor Pursuant to the zoning laws of the State of Colorado and the Weld Count Zoning ner of Section 1 the thence t along the Y East line of Souheast one Resolution,a public hearing will be held in the Chambers of the Board of County quarter 5'of said Section iT, N e degrees t o W 795 g feet to the Commissioners of Weld County, Col true point of beginning, said point orado,Weld County Centennial Center, 915 10th Street,Greeley,Colorado,at the being on of thethe southwesterly or h of r AFFIDAVIT OF PUBLICATION time Ceres ed All t persons Speci in any man way line to Burlington Northern ner interested in the Special Use Permit Railroad, thence along the are requested to attend and may be southwesterly right of way line of heard the Burlington\Northern Railroad BE IT ALSO KNOWN that the text and and parallel with the centerline of maps so certified by the Weld County 3409 92 ferailet, thenced N degrees c'lar W Planning Commission may be examined the perpendicular 38 ) in the office of the Clerk to the Board of the centerline of said railroad N 38 County Commissioners, located in the degrees 32'42" E 10000 feet to a County of Weld ) Weld County Centennial Center,915 10th point on the northwesterly right of Street,Third Floor,Greeley,Colorado way line of said railroad, thence c along the northeasterly right of way ) S S DOCKET NO 80 36 line and parallel with the centerline APPLICANT of said railroad 551 degrees 27'18"E State of Colorado ) Frontier Materials,Inc 260 03 feet to a 1738 Weld County Road 201 n point on the East lineLongmont,CO 80501 of the Southeast one quarter of said DATE June4,1980) Section 17,thence along said line S TIME 2 00 P M degrees 25'35"E 128 62 feet to the 1 REQUEST Special Use Permit—Open true point of beginning The above i ally , 'e Grath pit mine gravel described parcel of land contains LEGAL DESCRIPTION 0 69 acres more or less Also subject le do sioirinlv p GF earr that II am the Description of a parcel of land located in to all other easements and right of _ and Miner, ��L the N E iS Sec 20 and the Soh of Sec 17 all way of record e d i ts{+s#er of the Farmer and Miner, a weekly iC9' TS+ in T2N,R68W of the 6th P M,County of THE BOARD OF IONERS Weld,State of Colorado being more par COMMISSIONERS paper printed and published in the Town of Frederick, titularly described as follows WELD COUNTY,COLORADO Considering the East line of Section BY MARYANN FEUERSTEIN in the County of Weld, State of Colorado, end having 17 as bearing N 0 degrees 25'35"W COUNTY CLERK AND RECORDER and with all bearings contained AND CLERK TO THE BOARD a general circulation therein; that said newspaper has herein relative thereto BY Kertha White,Deputy _�1 Commencing at the Northeast Cor DATED April 1980 been continuously and uninterruptedly published in ner of said Section 20,thence along 22,198 Published in the Farmer and Miner May the East line of the Northeast i.of 22.1980 said county fifty-two weeks prior to the first pulblica- said Section 20 S 0 degrees 14'01"W 1328 19 feet to the Southeast Corner tion of the annexed notice, and that said newspaper is of the Northeast one quarter of the of Northeast one quarter,thence N 89 a newspaper within the moaning the act of the degrees 48'37' W 1330 78 feet to the Southwest Corner of the Northeast General Assembly of the State of Colorado, approved one quarter of the Northeast one quarter of said Section 20, thence March 30, 193, being Chapter 1939, Laws ®f along the West line of the Northeast Session one quarter of the Northeast one 1923 as amended by Cha ter 113 of the Session Laws quarter of said Section 20, N 0 - / p . degrees 14'30"E 836 78 feet,thence of 1931; and as further amended b Chap�tar 155 of N 79 degrees 13.02" E 16483 feet, y p thence S 79 degrees 50'46"E 173 16 the Session Laws of 1935; that the annexed notice was feet, thence N 49 degrees 22'27"E 249 65 feet, thence S 85 degrees in the regular and ti i a de " E 100 81 feet, thence N e published � entire issue eve-y deg " 00'00"E 150 30 feet,thence N 2 degrees 19'45"E 251 70 feet to a number of said weekly newspaper for a period of point on the south line of the Southeast one quarter of said Sec consecutive issues, and that the first pub- lion 17,whence the Southeast Corner of said Section 17 bears S 89 degrees lication of said notice was in the issue of said new s- 42'52"E 521 05 feet,thence continu trig N 2 degrees 19'45"E 473 32 feet, _ thence N 23 degrees 16'34"E 580 10 22 30 feet to a point on the Southwesterly paper dated , 19 , and the right of way line of the Burlington Northern Railroad, thence N 38 degrees 32.42" E perpendicular to the centerline of said railroad 100 00 last publication was in the issue ®f said newspaper right to a point on the northeasterly right of way line of said railroad, thence along the northeasterly right of way of said railroad and parallel dated , 19 with the centerlineof said railroad N 51 degrees 27'18" W 101189 feet, thence departing last said line N 0 degrees 00'00" E 925 02 feet to a 22nd point on the East-West centerline of In witness whereof, I have sot my hand this said Section 17, thence along the East West centerline of said Section 17,N 89 degrees 52'42"E 512 30 feet n to the Northwest Corner of that cer day of z Book, a 9.3a ' 1473 at Page 26,records of said coun 51 ty,whence the East one quarter cur � �' ` 1 ner of Section 17 bears N 89 degrees --- ` tP�'F��. 52'42"469 70 feet,thence along the ,L. ___,__:_j _ \\ �S`— `� southerly and easterly lines of that C certain parcel of land described in --dbLir.lacr book 1473 at Page 26 the following ,k 3 i 1 o r five courses and distances 5 34 � degrees 45'02" E 338 18 feet, 5 53 Subscribed and sworn before ins this .22nd da degrees 02'35" E 280 20 feet, 5 29 y degrees 10'35" E 4100 feet, 5 0 degrees 43'25" W 193 30 feet, S 57 degrees 15'35"E 48 40 feet to a point of ' ay , 193.0 on the East line of the Southeast one quarter of said Section 17,whence the East one quarter corner of said n_ W 70 17 et,rs N 0 along s East W 7ti 06 feet,thence along the '35" line of the Southeast one quarter of Notary Public Section 17, S 0 degrees 25'35" E 1017 12 feet to a point on the nor- C rua�.,-, Q theasterly right of way line of the My commission expiresJ 28, 1932 3 thenBurlington ce continuing S Northern 0 Railroad, llr 25ad, E, 128 62 feet to the southwesterly right-of way line of said railroad, thence continuing S 0 degrees 25.35" E 795 99 feet to the true point of beginning The above described parcel of land contains 70 08 acres more or less Except therefrom that certain parcel of land belonging to the Burlington Nor 7 them Railroad being more particularly described as follows • ' / thence along he northeasterly right-of way line and parallel with the centerline of said -ailroad S 51 degrees 27'18" E 1 to oint e East -ine60 03 of thefeet Southeastap oneon the quarter of said Section 17, thence along said line S 0 degrees 25'35' E 128 62 feet to the true point of beginning the above described parcel of land contains 0 69 acres more or less Also subject to all other easements and right-of-way of record THE BOARD OF COUNTY COMMISSIONERS AFFIDAVIT OF PUBLICATION PUBLIC NOTICE WELD COUNTY,COLORADO BY-MARY ANN NOTICE FEUERSTEIN THE JOHNSTOWN BREEZE COUNTY CLERK AND Pursuant to the zoning laws of RECORDER STATE OF COLORADO ) the State of Colorado and the AND CLERK TO THE BOARD Weld County Zoning Resolution, ) SS. a public hearing will be held in BY Keitha White,Deputy COUNTY OF WELD ) the Chambers of the Board of County Commissioners of Weld DATED April 28,1980 I, Eugene Thomas, do solemnly swear County, Colorado Weld County Centennial Center, 915 10th PUBLISHED May 1 1980 and that I am publisher of The Johnstown Street,Greeley,Colorado,at the May 22, 1980 in the Johnstown Breeze, that the same is a weekly time specified All persons to Breeze any manner interested ui the Co Legal 80-43—Clerk to Board newspaper printed,in whole or in part,and Special use Permit arerequest- ed to attend and maybe heard published in the County of Weld, State of BE IT ALSO KNOWN that the Colorado, and has a general circulation text and maps so certified by the therein; that said newspaper has been Weld County Planning Commis- sion may be examined in the published continuously and uninterrupted- office of the Clerk to the Board ly in said County of Weld for a period of of County Commissioners, lo- cated in the Weld County more than fifty-two consecutive weeks • Centennial Center, 915 10th Street, Third Floor, Greeley, prior to the first publication of the annexed Colorado legal notice or advertisement; that said DOCKET NO 80-36 newspaper has been admitted to the APPLICANT United States mails as second-class matter Frontier Materials,Inc under the provisions of the Act of March 3, 1738 Weld Count}Road 20 Longmont,CO 8[501 . ' 1879,or any amendments thereof,and that DATE June 4,1380 said newspaper is a weekly newspaper TIME 2 o.lP i1 duly qualified for publishing legal notices REQUEST Special Use Permit 1,, and advertisements within the meaning of Open pit mine gravel the laws of the State of Colorado. N That the annexed legal notice or / advertisement was published in the •L68Z )4 regular and entire issue of every number of iq;p •aidoad , said weekly newspaper for the period of aoaap saNea .. ..,consecutive insertions; and that the tI,LHf1Qd2IJ ° .ape first publication of said notice was in the issue of said newspaper dated Pilo, PUBq i A.D. 19..gQ , and that the last publication I 454,' ,'1 of said notice was in the issue of said i I. � _Ji newspaper dated PM 2 Z,A D. 19.90 r' In witness whereof I have hereunto set -wimpy i{aJ. .Slaad as opsaolo: 3 lo alelS ayl fq anoadae Put my hand this.1 1day of. 0881 '91 t.idy pa p uopinposa. ""'f' • , s.iauolsspuluioO B;uno3 piaM;( pa lam eog aoU d ao33e up ape A.D. 19...g0 uaaq soy ldawalrtge PpeS 01001 'opeaoioO 'Plaptuooag 'anuam, ITT M 1889 I tusegS aaogsp} pemum,g aaoysp PU ,I of palegt 41/4" uaaq @ney TIZ$ Jo lunowt aql ul saxes Fr Aluno0 Play 147‘4 Publisher ;o sluapisaa ll Irl;Ilou of sp spyJ, z i opoiioh Subscribed and sworn to before me a �ai�tox Izg Ia Notary Public in and for the County I of aoclteup3 6Ti 08 Ie�al o; Weld,e/S/_taaate of Colorado, this r . . .day azaaa 88Um suyo of. .. ": . 947. A D 19 a uopif p e ao As aolaaapc�'USP1uapaeM a peuoa £ 1 SII3NOISSIKKOZ Notary Public I,LqflOO G'1:8M 3O O31VO£ 0881'.Iew Jo.feP14191 sITTIPaleC My commission oe—./7-87 —./7 aoleals(tiiwPb we .Claadoaa oppeaolo0;q alell aql .fq pano.iddB pu-e Vat '9' Tie If palep uopinlosaa sXauon -si woo.Cluno3 ppam;o 0,re0 yuin aauepaoaoe ut apew tiaac s t luawalege ppeS Z0108'QPt. pop 'aapinog anla0 ue8doN 8'III aut4') 'I diliigd 01 Palem aaq in in saxelR Q k) nun ro PI M r;o sluaptsaa lie Alt,nu of si qn>‘,: r AT'7w'77 VfI! B7 t`1 1_.l ..fl , :I ,,...1 I FLOW SHEET APPLICANT: (G t p, h •i�t� M,0��C��A1S ��G� CASE # SUr e 4 5�. iJO�'�J REQUEST: Opt,,,, CJ \1n\ , ,, ,�, C VL OOSL ----LEGAL: R-• - ---� yn 4► LOCATION: J IfyNACS MlifkAn IX % , YA\45 . 9.4.0°'.0°' \c) EYVto DATE I BY Application Received - VT Application Fee - Receipt # i 10 'J(,p 15k).00 Vie 29 on VI. Recording Fee 0 I Late z.O.0 w;t^s P __,J VI" Application Complete 3 ar C0�� P.C. Hearing Date: ,2 ')'. 7,2u ='�'° ;`8� CAI" Letter to Applicant Drafted • At/ • Referrals Listed Field Check by D.P.S . Staff • . File Assembled INs e1 SR COL/ ? A In.i (1110) '-‘, Referrals Mailed Chaindexed �%% . ,\ ‘- Notification Notification of Applicant - , 3" goy / ` '�' Surrounding Property Owners Researched 3-S' go) / ''2 Airphoto/Vicinity Map ,Preapred Pu+' X /-9 Property Owners Notified by: -N1 2 g gO .-O %L.l'A 2 1, 2.0 :-.1,:9 2 11.k '-'.3.,) Si5d Agendas Mailed by: Legal Approved by County Attorney Referrals - Complete FMy �a� CIA / Preliminary D.P.S. Staff Comments r' 1 2111 E 1r`1; n19ru .� d ' '1 A Staff Conference v D.P.S. Comments P.C. Hearing Action: u42.1 w-1® 4;T, P.C. Resolution -4-tio Case Sent to Clerk to Board 4- 1•42i0 V T C.C. Hearing CQ i l60 Action : (Of 4t30 --6\-C/ C.C. Resolution Received (91161 ', ) ekt, . History Card Complete C.C. Resolution Sent to Drafting Drafted on Mylar /3/3 /9/20/ 2 /,36 7////60 ,L,o -7, 8ii7 /8 Document Sent to Clerk and Recorder P.C. Minutes i R . M . C . Inc . AIL Rocky Mountain Consultants Incorporated INFORMATION FOR PROPOSED GRAVEL MINING OPERATION Prepared for: Frontier Materials Hygiene, Colorado Prepared by: Rocky Mountain Consultants, Inc. 647 - 17th Avenue Longmont, Colorado February, 1980 consulting engineers water resources engineers land surveyors geologists planners Weld County , Colorado SPECIAL USE APPLICATION FOR OPEN CUT MINE PERMIT ( gravel pits , etc . ) Department of Planning Services 915 - 10th Street Greeley , CO 80631 PHONE : 356-4000 Ext . 404 For ZONING DEPARTMENT Use Cnly Case Number : Applicant : PC Hearing Date : CC Hearing Date : Section : Township : North Range : West Zoning District : Acreage Involved : Permit Fee : Receipt Number : Legal Description Approved by , County Attorney Site Entrance/ Exit Points and Off-Site Transportation Routes Approved by Weld County Engineer Recommended Road/Bridge Fee : / Not Required Refer to : 1 ) Date : 2 ) Date : 3 ) Date : 4 ) _ — Date : 5 ) Date : Application Reviewed by : , Zoning Department To be completed by APPLICANT in accordance with Procedural Guide Requirements : 1 . I (xi,&) , the undersigned , hereby request a hearing before the Weld County Planning Commission concerning a proposed Open Cut gravel (gravel , coal , borrow pit , etc . ) alining operation for the following described unincorporated area of Weld County : LEGAL DESCRIPTION : Located in the Southeast 1/4 of Section 17, and the NE 1/4 of Section 20, I2N, Rb8W, Weld County, Colorado. (See page 5) TOTAL ACREAGE : 69.39 2 . Surface Owner ( s ) of area of land described : Name : Lee Ervin_ Olson Address : 1738 Weld_Ct_y.RdPhone : 7.76-5154 Name : Florence M. O _lson Address :20-i, Longmont, Phone : same ------ CO-- 5U1 3 . Owner ( s ) of mineral rights to substance to be mined : Name : Lee Ervin Olson Address :17 8 Weld Cty.Rd!hone : 776-5154 Name : Florence M. Olson Address :20 , Longmont, Phone : same -- — — — CG -137J501 4 . Source of applicants Legal Right to enter and to mine on the land described : lease agreement with applicant (see Appendix A'and Appendix B) (Attach Certified Copy of any Document noted to the Back of this Form ) 1 5 . Address of applicant and general office : Applicants address :P.O,Box 95, Hygiene, CO 80533 Phone : General Office address : same Phone : 776-8962 6 . Identify any prior permits for open cut mining held by appli - cant or affiliated person : Hygiene Pit located in the Northeast one- quarter of Section 36, Township 3 North, Range 70 West of the 6th P.M. , boulder County, L-0. 7 . Description of Operation a . Types and number of operating and processing equipment to be employed : Front end loaders -2 ; trucks - 6; road graders - 1 ; maintenance equipment; crushing, screening and possibly washing equipment. b . Maximum number of employees : 5-7 , number of shifts 1 c . Number of stages to be worked : 3 , periods of time each is to be worked : 1- 3 years for each stage; total 7 1/2 d . Thickness of mineral deposit : 18 feet , and thickness of the overburden : 1 e . This will be a 4/elf/dry pit operation . f . Site entrance/exit points and county roads and bridges to be utilized between site and delivery point ( s ) (must be coordinated with County Engineer ) : Site entrance on Weld County Road 20+. Also anticipate using Boulder-Weld County Line Road and Highway 119. Weld County Road 20+ will also be used in serving points east of the proposed mining opertion. Bridge crosses Boulder Creek east of access road. 8 . Decription of Rehabilitation a . Proposed rehabilitation land use ( s ) : Ponds, b . Source of technical advice for reclamation : U.S. Department of Interior, proceedings and publications. c . Explanation of Reclamation Process : The reclamation plan will consist of the creation of three ponds located as shown on the attached plans for use as aprivate recreation area including fish and wildlife habitat. Side slopes of the ponds will be approximatelv_5_l . Topsoil will be stockpiled and replaced as appropriate. Areas around the ponds will be revegetated with native grasses and trees common to the area. Trees will have a minimum caliper of Ill. Reclamation shall be done con- currently with the mining operation to the extent possible. Revegetation shall be done as is practical to assure good growth. I hereby depose and state under the penalties of perjury that all statements , proposals and/or plans submitted with or con- tained within this application are true and correct to the best of my knowledge . FRONTIER ATERIALS COUNTY OF Weld STATE OF -7-oTorado BY. IrCZ Signat re : Ow r/Aut oriz d Agent Subscribed and sworn to before me this a/•4 day of Arj„,,,� , 19 ,60 . SEAL Q `L4 NOTARY PUBLIC My uonumao..... ....yros iODrtiety t lytlt My commission expires : 2 APPLICANT' S LEGAL RIGHT TO CONTROL MINING OPERATIONS Frontier Materials, Inc. has entered into a lease agreement with the owners of the property, Lee Ervin and Florence M. Olson. This agreement allows Frontier Materials , Inc. to mine gravel on the property described. The lease is reproduced in Appendix A and Appendix B shows a copy of a portion of the Olson Abstract , including reference to the mineral rights. OTHER PERMITS HELD BY OWNER Frontier Materials currently holds a permit to mine gravel in the Northeast one-quarter of Section 36, Township 3 North, Range 70 West of the 6th P.M. 3 EXPLORATION Several exploration programs have been carried out on the property by various interests , and the results of the most recent investigation, indicate that the overburden varies from 1 foot to 2 feet and the gravel is approximately 18 feet in thickness. Bedrock, which is made up of the Pierre Shale, was found at a maximum depth of 20 feet. 4 I . PRESENT CONDITIONS A. Legal Description Description of a Parcel of Land located in the NE 4 Sec. 20 and the S 1 of Sec. 17 all in T2N, R68W of the 6th P.M. , County of Weld, State of Colorado being more particularly described as follows : Considering the East line of Section 17 as bearing N 0°25' 36" W and with all bearings contained herein relative thereto. Commencing at the Northeast Corner of said Section 20; thence along the East line of the Northeast 4 of said Section 20 S 0°14'01" W 1328. 19 feet to the Southeast corner of the Northeast one quarter of the Northeast one quarter; thence N 89°48' 37" W 1330.78 feet to the Southwest corner of the Northeast one quarter of the Northeast one quarter of said Section 20; thence along the West line of the Northeast one quarter of the Northeast one quarter of said section 20, N 0°14'30" E 836.78 feet; thence N 79°13 '02" E 164.83 feet; thence S 79°50'46" E 173. 16 feet; thence N 49°22' 27" E 249.65 feet; thence S 85°59' 17" E 156.81 feet; thence N 55°00'00" E 150.30 feet; thence N 2°19'45" E 251 .70 feet to a point on the South line of Southeast one quarter of said Section 17, whence the Southeast corner of said Section 17 bears S 89°42' 52" E 521 .05 feet; thence continuing N 2°19' 45" E 473.32 feet; thence N 23°16' 34" E 580. 10 feet to a point on the Southwesterly Right-of-way line of the Burlington Northern Railroad; thence N 38°32'42" E perpendicular to the Centerline of said railroad 100.00 feet to a point on the Northeasterly right-of-way line of said railroad; thence along the Northeasterly right-of-way line of said railroad and parallel with the center- line of said railroad N 51°27' 18" W 1011 .89 feet; thence departing last said line N 0°00'00" E 925.02 feet to a point on the East-West centerline of said Section 17; thence along the East-West centerline of said Section 17, N 89°52'42" E 5 512.30 feet to the Northwest corner of that certain parcel of land described in Book 1473 at Page 26, records of said county, whence the East one quarter corner of Section 17 bears N 89°52'42" E 469.70 feet, thence along the Southerly and Easterly lines of that certain parcel of land described in Book 1473 at Page 26 the following five courses and distances : S 34°45'02" E 338. 18 feet S 53°02'35" E 280.20 feet S 29°10' 35" E 41 .00 feet S 0°43'25" W 193.30 feet S 57°15'35" E 48.40 feet to a point on the East line of the Southeast one quarter of said Section 17, whence the East one quarter corner of said Section 17 bears N 0°25'35" W 702.06 feet; thence along the East line of the Southeast one quarter of Section 17, S 0°25' 35" E 1017. 12 feet to a point on the Northeasterly right-of-way line of the Burlington Northern Railroad, thence continuing S 0°25' 35" E 128.62 feet to the Southwesterly right-of-way line of said railroad, thence continuing S 0°25' 35" E 795.99 feet to the true point of beginning. The above described parcel of land contains 70.08 acres more or less. EXCEPT therefrom that certain parcel of land belonging to the Burlington Northern railroad being more particularly described as follows: Commencing at the Southeast corner of Section 17; thence along the East line of the Southeast one quarter of said Section 17, N 0°25'35" W 795.99 feet to the true point of beginning, said point being on the Southwesterly right-of-way line of the Burlington Northern railroad, thence along the South- westerly right-of-way line of the Burlington Northern Railroad and parallel with the centerline of said railroad N 51°27' 18" W 340.92 feet; thence perpen- dicular to the centerline of said Railroad N 38°32'42" E 100.00 feet to a 6 point on the Northeasterly right-of-way line of said railroad, thence along the Northeasterly right-of-way line and parallel with the centerline of said Railroad S 51°27' 18" E 260.03 feet to a point on the East line of the Southeast one-quarter of said Section 17; thence along said line S 0°25' 35" E 128.62 feet to the True Point of Beginning. The above described parcel of land contains 0. 69 acres more or less. Also subject to all other easements and right-of-way of record. B. Water Resources The property requested for mining under this permit has not been historically irrigated. It is swampy river bottom land and supports only sparce native grasses and many undesirable weedy species. The property owners have agreed to provide all necessary augmentation water required by the operation. Water rights owned by the Olsons include eight shares of the capital stock of the Godding, Dailey and Plumb Ditch Company and an undivided one-tenth interest in the Carr and Tyler Ditch. A review of historical diversions indicate that one tenth interest in Carr and Tyler Ditch Company will yield 16.8 acre-feet in a drought year and 24. 4 acre-feet in an average year. Eight shares of stock in the Godding, Dailey and Plumb Ditch Company will yield about 464 acre-feet in a drought year and about 490 acre-feet in an average year. This water will be more than adequate to compensate for evaporative losses of surface acres of pond area. Evaporative losses in the area are estimated to be about 2 acre-feet per acre of surface area, or acre-feet per year. A contractural agreement with respect to the plan of augmentation will be finalized with the Water Users Association of District No. 6. 7 C. Topography The proposed mining site is located south of Weld County Road 20-1/2 and is traversed from southwest to northeast by Boulder Creek. The entire site is in the floodplain of Boulder Creek. The site is flat and slopes gently from southwest to northeast. Currently a small portion of the site is used only for pasturing a few horses. There are no buildings on the site. The Burlington Northern Railroad traverses the property from northwest to south- east. D. Geology Soil profiles indicate, as stated earlier, that tie maximum depth to bedrock is approximately 20 feet. Bedrock was found to be a blue-gray shale material which is indicative of the Pierre Shale, which is found to be the bedrock strata in this area. The accompanying plans delineate the soils on the site as mapped by the Soil Conservation Service. The proposed site has been desig- nated F-1 by the "Atlas of Sand , Gravel and Quarry Aggregate Resources Colorado Front Range Counties" published by the Colorado Geological Survey. The F-1 designation indicates a floodplain deposit of relatively clean and sound gravel . E. Groundwater The groundwater table generally follows the slope of the ground surface. The groundwater table is fed from Boulder Creek and/or from water from ditches which take water from Boulder Creek. Therefore, during mining operations the water entering the mining area will be settled in a settling pond and returned to Boulder Creek. By doing this no water rights will be affected. The water will be pumped to the creek after obtaining a discharge permit from the State of Colorado, and the water will meet effluent standards for discharge into 8 Boulder Creek. The mining operation is far enough away from any area wells to prevent any damage to the wells. F. Flooding and Drainage The majority of the area to be mined is included in the floodprone district as defined by the Flood Insurance Rate Map. No berms will be constructed in the floodway and stockpiles will be outside the floodway so that drainage patterns will not be affected. Conditions during the mining operation and afterwards will be essentially the same as they have historically been with respect to the floodway and drainage. G. Other Present Conditions As stated earlier, some of the land is being used as pasture ground and the remainder is swampy low lands with sparse native grasses and many weeds. The trees which are currently on the property are sparse and consist primarily of cottonwood. Revegetation and replanting of trees is included in the recla- mation plan. An access from Weld County Road 20- exists onto the property proposed for mining, as does a crossing of the Burlington Northern Railroad. 9 II . PROPOSED OPERATIONS A. Operating Methods A perimeter ditch will be constructed around the mining areas in stages for the purpose of dewatering the area. As stated earlier, this water will be collected in a sump, settled and returned to Boulder Creek. With the area dewatered , the mining will be accomplished with front-end loaders and the material processed adjacent to the pit. During processing, the gravel will be crushed, screened, possibly washed and stockpiled. The material will be moved from the site by loading from the stockpiles and hauled by trucks to the market place. The mining operation will normally be conducted on a year- round basis , except during extremely bad weather or equipment breakdown. During the mining of stage 1 , a conveyor system will be used to transport the mined material across Boulder Creek so that a low water crossing of Boulder Creek is unnecessary. No asphalt or hot batch plant is contemplated at this site. B. Handling and Storage As stated earlier, the gravel wil be mined and processed on the site and hauled from stockpiles to the market place. The majority of this material will be used in Weld, Boulder and surrounding counties. C. Equipment Equipment to be used will consist of front-end loaders, trucks , road graders and the necessary maintenance equipment to maintain the above-mentioned equip- ment. It is anticipated that the number of each type of equipment will vary according to seasonal changes , demand and staging requirements. Other equip- 10 ment to be used on this site will be crushing , screening and possibly washing equipment. The mobile equipment, when not in use, will be parked in a yard south of the railroad tracks . The yard area is located far enough from the County Road to discourage trespassing and the equipment will be secured and protected from vandalism and unauthorized use. D. Pit Staging Staging of the mining operation is shown in the drawings. The pits will be worked in numerical order as indicated on the same drawings. It is anticipated that the entire project will take approximately 7-1/2 years; each stage will take from 1 to 3 years to complete. This time schedule will obviously depend on market conditions and the economic growth patterns as they occur in the surrounding area. E. Water Pollution As stated earlier, dewatering will be required and the water will be collected in a sump area where it will be allowed to settle and then pumped to Boulder Creek. All discharges will be maintained within the established guidelines of the Environmental Protection Agency and a permit for this discharge will be obtained. F. Noise Noise levels for this operation will be monitored by the operator quarterly and will be kept within acceptable levels of all State and Federal standards. This monitoring program will take place at the property boundaries. The operation will take place between the hours of 7 a.m. and 5 p.m. daily, with the exception of Sundays. 11 G. Dust Control The material being extracted will be damp when it is extracted and loaded in the mining area. Therefore, there should be no dust created by the digging and loading of the material . Haul roads will be watered or chemically treated so as to control fugitive dust from the hauling operation. Crushing , screening and classifying will be conducted as a wet operation; and, therefore, no dust will be emitted from this process. H. Visual Effects The mining operation will be visible to only a few other homes besides the land- owner. To minimize the visual impacts, the stockpiles of overburden will be placed in such a manner as to screen the houses from the mining operation, the movement of equipment and other activities in the area. Hopefully, by properly placing the overburden stockpiles as shown on the drawings , the visual impact on the surrounding houses should be minimal . I . Reclamation Plan Reclamation, as contemplated in this plan, will consist of three ponds to be created with side slopes at approximately 5: 1 . Topsoil will be placed on all the disturbed areas and these areas will be revegetated with native grasses and trees common to the area. Replacement of trees is shown on the drawings. Islands will be constructed in the ponds to enhance wildlife habitat. All overburden stripped from this site will remain on the site to be used for reclamation of the disturbed areas. J . Access Roads Access is planned to be from the property onto Weld County Road 20-1/2 as 12 shown on the plans. There is an existing access onto Weld County Road 203- from this property which enters Raod 20i between two bridges. The bridge east of the access road crosses Boulder Creek and is adequate to support loaded gravel trucks. The bridge west of the access road crosses a drainageway and is posted as to weight limitations. Since loaded gravel trucks exceed this posted limitation, trucks bound for destinations west of the proposed mining operation will enter Road 202 west of the bridge, while trucks headed east will enter Road 202 on the east side of the bridge. Thus , the necessity of crossing the small bridge will be eliminated. Permission to use the existing crossing of the Burlington Northern Railroad tracks has been granted. Agree- ment has also been reached with respect to upgrading the existing crossing (See Appendix C) . The material mined in stage 1 will be transported across Boulder Creek via conveyor belt and stockpiled so that continued crossing of Boulder Creek is unnecessary. Properly sized culverts will be installed be- neath the access road to ensure that historical drainage patterns are main- tained. K. Security and Safety During the operation, equipment will be stored as mentioned earlier in an area which will be patrolled and safety precautions will be taken to be sure that the equipment cannot be operated by unauthorized people. L. Bonding, Escrow and Insurance Bonding will be set by the State of Colorado when application is made to the State for a gravel mining permit. It is our understanding that this bonding is acceptable to Weld County. Insurance as required by Weld County will be maintained by the operator. Verification of such insurance coverage is shown in Appendix D. 13 APPENDIX A Lease Agreement . _ . a--- l J LEASE 1. PARTIES. The parties to this Lease are LEE ERVIN OLSON and FLORENCE M. OLSON, hereinafter referred to as "Lessor," and FRONTIER MATERIALS, INC. , a Colorado corporation , hereinafter referred to as "Lessee. " 2. RECITALS AND PURPOSE. the Lessor is the owner of a certain parcel of real property legally described on l xhi hi t A. lessee operates sand, gravel and associated activities , including heavy construction, and desires to lease the property described on Exhibit A from the Lessor for the purpose of mining sand and gravel and conducting its associated activities. The Lessor desires to lease the property to the Lessee upon the terms and conditions hereinafter provided. Therefore, the purpose of this tease is to set forth Lhe terms and conditions of the lease between the parties . 3. CONSIDERATICN. This Lease is executed by the parties for and in con- sideration of the rents , terms , covenants , conditions and agreements of the other party as herein set forth. Each party agrees that the consideration given is good , valuable and sufficient. 4. LEASED PREMISES. The property subject to this Lease consists of the real property described on Exhibit A, which is hereinafter referred to as the "premises . " 5. TERM. The term of this Lease shall begin on the date all parties sign this Lease and shall continue until all commercial sand and gravel has been removed from the premises and the Lessee has fulfilled its obligations with respect to the reclamation plan hereinafter provided for, unless this Lease has been earlier terminated in accordance with other provisions of this Lease or as the result of a material hreach by the Lessee. 6. USE AND POSSESSION OF THE PREMISES. The Lessor hereby grants to the Lessee the exclusive right to prospect for, mine and remove sand, gravel and other minerals from the premises during the term hereof. Furthermore, the Lessee shall have the right to conduct related and incidental activities in association with its mining operations. The Lessee shall have possession of the premises for the purposes of this Lease from the date hereof subject only to existing rights-of-way for roads and ditches . The Lessor shall have the right to use the surface of the property for grazing and the raising of crops , so long as such activities do not interfere with the Lessee's paramount right to conduct its operations . The Lessor shall be responsible for fencing livestock out of the area where mining and relatec operations are taking place and the Lessee, its lessees , successors or assigns , will not he responsible for injuries suffered by livestock in the area where mining and related operations are taking place. The Lessee will give the Lessor reasonable advance notice of its intention to mine areas used for grazing or raising of crops , so as to facilitate the Lessee's planning for use of the ground and avoid destruction of growing crops . The Lessee will be permitted to use a reasonable amount of the surface of the property for uses related to mining, including, but not limited to , a scale house and office, a scale, stockpiles , crushing , screening and washing plants , a concrete batch plant and an asphalt hot-mix plant and equipment parking. The Lessee will not make any use of the property which is contrary to appli - cable zoning regulations . however, the Lessor will 'join in any application for rezoning or for the obtaining of necessary governmental permits to allow the uses enumerated above so long as such applications are made at no expense to the Lessor. The Lessee shall at all times have right of access to the areas where mining related operations are taking place. 7. ROYALTY . As consideration for this Lease , the Lessee agrees to pay to the Lessor a royalty of 20 cents per cubic yard for all sand, gravel and top soil removed by it from the premises . The royalties shall increase by one cent per cubic yard every two years , beginning on the second anni- versary of the first royalty payment with similar increases on the same date in every other year thereafter during the term of this Lease. Royalties (less credits to which the Lessor is entitled pursuant to paragraph 8) shall be due and payable on or before the tenth day of each month during the term hereof, for the preceding calendar month. The amount of material removed shall be determined by the Lessee in accordance with measurement techniques conunon to similar operations . If the Lessor requests , the Lessee shall have an accurate survey performed by persons reasonably satisfactory to the Lessee at such reasonable time intervals as may be requested by the Lessee, but no more frequently than annually. If such surveys show that prior royalty payments were inaccurate, adjustments and payments shall be made by the Lessor or the Lessee , as the case may be , within 60 days after receipt of such survey to correct the royalty payments to the date of the survey. 8. PERMITS. The Lessee agrees to apply for the permits necessary to obtain legal permission to conduct its sand and gravel operations on the premises. The process of gathering information needed for permit appli- cations shall be initiated within 120 days of the signing of this Lease and the Lessee shall thereafter pursue the application with reasonable diligence. The Lessee shall maintain records showing the cost of obtain- ing necessary permits . Such costs shall be spread equally over five years and credited against royalties due from the Lessee to the Lessor pursuant to this Lease. 9. RECLAMATION OF AREA TO BE MINED. As part of the permit process de- scribed in the preceding paragraph , the Lessee will be required to prepare a plan of reclamation for the area to be mined. The Lessee agrees to con- sult with the Lessor in the preparation of the reclamation plan and, to the extent economically practical , to ircorporate features in the plan desired by the Lessor. The Lessor may rot unreasonably reject the plan but may require reasonable alterations in the plan so long as the altera- tions do not increase the cost to the Lessee of carrying out the plan. If the Lessor rejects the plan as submitted, the Lessee may promptly rescind this Lease or submit further plans . If the rejection was unreasonable and therefore in violation of this Lease , the Lessee may also pursue such other remedies as may he available to it. The reclamation plan agreed upon by the parties , and as finally approved by the various regulatory agencies reviewing it dur►ng the permit process (and the Lessor agrees to consent to reasonable alterations required by such agencies ) shall he signed by the parties and shall thereafter he complied with by the Lessee. The reclama- tion plan shall be completed within two years from the date of completion of mining. The parties understand and agree that the cost of preparing the - 3 - reclamation plan shall be considered as part of the permit cost for which the Lessee shall receive credit against royalties due under this agreement, but that the cost of fulfilling the plan shall he solely the expense of the Lessee. 10. WATER RIGHTS. The Lessor will provide any ditch or water rights which must be used to compensate the flow of Boulder Creek for any evaporation resulting from creation of lakes according to the reclamation plan, or which are otherwise necessary to compensate other water users for the effect of the reclamation pan upon water rights of others . The Lessee will not be responsi- ble to the Lessor, or his tenants , successors or assigns , for any injury to land , livestock, or crops , if any , resulting from a lowering of the water table during mining operations or thereafter. 11. INSURANCE. At all times that the Lessee is in possession of the premises , it will maintain in force a public liability and property damage insurance policy naming the Lessor as an insured and having limits of not less than $300 ,000.00 per person and $600,000.00 per accident for personal injury and $100,000.00 fcr property damage. 12. MERCHANTABLE TITLE. The Lessor agrees to furnish an abstract of title, certified to date , or a title insurance commitment showing that the Lessor has good and merchantable title to the sand and gravel in , on and under the premises and the right to allow the Lessee to mine it. The Lessor further agrees to obtain the consent of lien holders , if any, to this Lease. The abstract, if furnished by the Lessor, shall remain the property of the Lessor, but will he made available to the Lessee at any time and from time to time during the term of this Lease. 13. REQUIREMENT TO REMOVE ALL MATERIALS AND LIMIT ON TIME FOR REMOVAL. The Lessee agrees to execute and remove all economically minable sand and gravel from the property within fifteen years from the date permits allowing its proposed operations have been issued. Economically minable sand and gravel is defined as sand and gravel which can be mined and removed and sold at a net profit. Any sand and gravel which is presently economically minable but which becomes economically unminable need not be excavated or removed. If at the end cf the fifteen year period, the - 4 - Lessee has failed to execute and remove any economically minable sand or gravel which it is obligated to remove, this Lease shall terminate, the remaining sand and gravel shall revert tc the Lessor and the parties shall be released from further obligations hereunder, PROVIDED, HOWEVER, that the Lessee shall not be released from its obligation to complete the reclamation plan or, at its election , to pay to the Lessor an amount equal to the cost of completing the plan as determined by a qualified person reasonably acceptable to the Lessor. 14. RIGHT OF FIRST REFUSAL TO PURCHASE. The Lessor hereby grants to the Lessee the exclusive right, at Lessee' s option, to purchase all or any portion of the Lessor's farm (outlined in red on the attached Exhibit B which includes the leased premises which are generally out- lined in blue on Exhibit B) , together with all structures , improvements and equipment thereon, free and clear of all liens and encumbrances except easements and rights-of-way for roads , ditches and utilities , at any time during the term of this Lease and at the same price and on the same terms as any bona fide offer for the premises which is received by the Lessor and which the Lessor desires to accept. Upon receipt of an acceptable bona fide offer, and each time any such offer is received, the Lessor shall immediately notify the Lessee in writing of the full details of such offer, including the name and address of the offeror, whereupon the Lessee shall have 30 days after receipt of such notice in which to elect to exercise its prior right to purchase. No sale of or transfer of title to said premises shall be binding on the Lessee unless and until the foregoing requirements are fully complied with. If the Lessee elects to exercise its prior right to purchase pursuant to this paragraph , the Lessor shall furnish , at his expense , a complete abstract of title or other evidence of title satisfactory to the Lessee showing merchantable title and, upon Lessee' s compliance with the terms and conditions of the bona fide offer, shall convey the premises to the Lessee by a good and sufficient General Warranty Deed , as provided above. 15. INDLMNIlY AGAINST CLAIMS OF OTHERS. The Lessee shall fully indemnify and hold the Lessor harmless from any demand , claim or cause of action for - 5 - i personal injury, death or property damage brought against the Lessor by a person or entity not a party hereto and not a successor, assignee, grantee, employee or tenant of the Lessor, arising out of or connected with any opera- tions or activities conducted or performed hereunder by the Lessee or its successors , tenants , agents , employees or assigns . As an aid to understanding the foregoing language, it is stated that the indemnity is not intended to pro- tect the Lessor or the Lessor' s successors , assigns , grantees , employees or tenants from the consequences of the mining operations contemplated herein , but rather is intended to protect the Lessor against litigation and claims brought by unrelated parties and arising out of those operations . The obli- gation to indemnify shall not include payment of the Lessor's attorney's fees so long as the Lessee provides competent counsel to represent the Lessor in the action. The Lessee shall have full control of any litigation covered by the indemnity , with right to settle or compromise , and the Lessor shall cooperate fully in any such litigation, settlement or compromise. The Lessor shall give the Lessee wr'tten notice of the assertion against the Lessor of any matter covered by the indemnity, promptly after such assertion is first made. Nothing in this paragraph shall diminish the Lessor's express obligations contained under other paragraphs of this Lease. 16. TAXES AND ASSESSMENTS. The Lessor shall be responsible for the payment of all real property taxes and assessments levied during the term hereof and for all assessments on ditch and water rights associated with the premises. The Lessee shall pay, before they become delinquent , all taxes and assessments levied against property owned or leased by it or resulting from its operations on the premises . 17. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified or registered mail , postage and fees prepaid, addressed to the party to whom such notice is intended to he given at the address set forth below, or at such other address as has been previously furnished in writing , to the other party or parties . Such notice shall be deemed to have been given when deposited in the U. S. Mail . Lee Ervin Olson and Iloronce M. Olson 1733 geld County Road 20' Longmont , Colorado 00501 Frontier Materials , Inc. P. 0. Box 95 Hygiene, Colorado 80533 18. EXHIBITS. All exhibits referred to in this Agreement are, by reference , incorporated herein for all purposes . 19. PARAGRAPH CAPTIONS . The captions of the paragraphs are set forth only for convenience and reference , and are not intended in any way to define, limit, or describe the scope or intent of this Agreement. 20. INTEGRATION AND AMENDMENT. The parties agree that this Agreement represents the entire agreement between them and that there are no oral or collateral agreements or understandings of any kind or character what- soever except those set forth herein. Neither this Agreement, nor any term or provision hereof, may be changed, waived, discharged or terminated orally, or in any manner other than by instrument in writing signed by the parties . In the event that any term or provision of this Agreement shall be held invalid or unenforceable , no other provision of this Agree- ment shall be affected by such holding, and all of the remaining provi- sions of this Agreement shall continue in full force and effect. 21. GOVERNING LAW. This Agreement shall be subject to , governed by, and construed under the laws of the State of Colorado. 22. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon , the parties , and their respective legal representatives , successors , and assigns ; provided, however, that nothing in this para- graph shall be construed to permit the assignment of this Agreement except as otherwise specifically authorized herein. DATED: - M I •--- _-----, 191 . ___ 1{-�)-Z f l_ (7), /tl.`��mss. Florence M. Olson Len Ervin Olson FRONTIER' MAT ERIALS , INC. ATTEST : Rs fty,/ z, z-/-6 _se;s�- - Secretary Pr si ent - 7 - TO: Lease DATED: March 12_ , 1979 LESSOR: Lee Ervin Olson and Florence M. Olson LESSEE: Frontier Materials , Inc. RIGHT OF FIRST REFUSAL TO PURCHASE. The premises outlined in red are subject to the right of first refusal set forth in Paragraph 14 of the Lease. \ , �\ I r 1 11 J sei e� •1 6 I___Y ___ __—CA C'y I I i 4 I:.° y -gf•T l - ......:--T-6-- -\ ., 5 J/$ ' 1 4. Flume (� /,C\l 1 1 �'y . % G• / :C // r e,.r. r ,9TT r ^•'a .,..c,_: j!--/ / i . • .,.. ° ., „,,,l.. ' /-,(It/--\/ • %, / S \. 1 - r1 • DI\tllli N'i'le 'i",e•e1 t ( , ..•... 1 y..,-- v ,✓ t _o -`1 tiOrOn I1 I Jet' — r _-- I 'moo A ' •I \ ) 3 __ • Jessi ' t II' ., _ O • `,�— ah_A� _ 4)7.'1 -• — 1 16 _ _ — — 17_ V r'_? \t I <, ,, I - \ u d 4 I ,( I •9 Is _ . - - I - . . '`-� ` /r` ,• >�_ , ,,,, __ _.. ....____. ..:( . -- 1.) I N_ ) 1 ' ,III , , 19 I �. .rr�o ° i ',i off/ - I .--- •� - - ; - ,I - • • ., . . - -,••.v..f 12 9 Mt ro COLO 57" _ -- • .0 t L�t 1 ' R 68 K y�f 1' ` i ) . J •"c °JI ~ 1 • ——� ROAD CLASSIFICATION iu: Lease DATED: March 12 , 1979 ,• ., '''. 41 i LESSOR: Lee Ervin Olson and Florence M. Olson :, ' , LESSEE: Frontier Materials , Inc. - RIGHT OF FIRST REFUSAL TO PURCHASE. The premises outlined in red are subject to the right of first refusal set forth in Paragraph 14 of the Lease. CQIQA l_ -r_f.-'_ 150 90. 0 H •P . J� .,,I, ,, , 2. b • r i'`71 +c., 3 5 .' 44 ilk, ,,,.3-•,.3-• •(, • f5,4 " . ' H : ''''t' tiv,Vilf1%:%'N:,(„:1 ,,,A4- .,. 11,4 pi,,,i,,,.. I . ( 7 2 •.- , \.... •ki,. '4C't:4;!.:ilt,,,,.,,,.;.kN."iti 4, ,.4.,, 3r3 . �,'. „.' ;q,••tt; ,in ii;k1 ' . .1 ,,,,,.,.1 �, .4 •r r 5 5A N N , 0.4 • 1 • kC. 0 , . i' Li ; �1 7. 0 4„8 ' ,1 t c.f' 1 , •,!i sr.', ,.;;:`.........:74:64:i,...4,:,.,..7. ,,‘1;: , I , a ,.` I N2 S F. , f\f�- 5 W SEC I ,' 2 N . E3 . 68, Ohl F 1 l) C u 0 0 1 0 , i, i1 , . ... 1 , 1ri V sI,• P . . v' } ti 0 ) I . II ' L ' ,1 ' .r ;!1 l:irir Coe EXHIBIT A , TO: LEASE DATED: March 12_ , 1979 LESSOR: Lee Ervin Olson and Florence M. Olson LESSEE: Frontier Materials , Inc. LEASED PREMISES. The property subject to this Lease consists of the following described property: All of the gravely pasture land owned by the Lessor and located in the east half Southeast quarter of Section 17 and the Northeast quarter Northeast quarter of Section 20, in Township 2 North , Range 68 West of the 6th P.M. , Weld County, Colorado. WATER RIGHTS. The water rights , owned by the Lessor, and available to meet the Lessor's obligations as set forth in Paragraph 10 of the Lease are as follows : Eight shares of the capital stock of the Plumb and Dailey Ditch Company; and An undivided one-tenth interest in the Carr and Tyler Ditch , appropriated June 1, 1864 and adjudicated on June 2 , 1882. STATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) Subscribed and sworn to before me this /02tK day of 111(-L-16 1979, by Lee Ervin Olson and Florence M. Olson. Witness my hand and official seal . My commission expires : ,� -,7c) - — Notary Pubic STATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) Subscribed and sworn to before me this /.2zA day of ///aAel 1979 , by Henry Braly as President and ((Garra rP J// .` �n,«� as , , J(.,41(1 � _ Secretary of Frontier Materials , Inc. , a Colorado corporation. Witness my hand and official sedl . () My commission expires : _2 ` Lam) EL'�2GYEft /// Notary Pub'i c WHG:mj - - APPENDIX B Olson Abstract Q,a-Q>ObCe+Oti�"t.>Ot>Ovet.r+t>Ot .e+.c.e1^ ,r.-K.-et.e'c_,7t>'wve.e=i,e7:- co e,• e AE TRACT OF TITLE TO The :; of the 51';7, and Lhe " . ' of the of Section ' 7 , in Township 2 rth , of Range 5 West of the t,th P .M . , Weld County , Colorado ; subsequent January 2 , 1919 at 1 : 30 o' clock P .M . Except parcel of land as conveyed by Deed recorded in Book 1473 , Page Weld County Records . Except reservations as contained in Patent recorded in Book 20 , Page 0 ,r Weld County Records . ' The , of the of Sect ion ' , , and the - of the " ' of Section 2') , Township North , of Range C ' West of the E;ili P .M . , Weld County ,Colorado ; d .)cqucnt to April 14 , 1932 at 8 :45 o' clock li.'scvvt.- Z:J.Litl.- of wca] a:; convcled_ hy_Deed recorded in Book 183 , Page 234 , (:11911'1 I,F.1) It,' 'I'H IF: NV ELI) COI ' 'I'1' ,A IL"'1'101("I' A N I) I NV ESTiI Eie'I' CO_ a � (:1(1•:ELISY. ( 01,OfiAl)U !f l > e - �.. �.r•�,y''W'1{d�Yd�1W�W�1•W�1 W" .d`1W'>s�'Y�'1W->•�'b...')•W'lV'ZV'>W'>1.O'1G"7.�'1�'7-�•D•�ls�►O 1 t,E WELL l O Ld,,l T t ' •, 1 A ,,— ,.. ,-i,�'�.9vOt>et O�C�-evec�eveoe�e�e �,C3 ,et,Ca'z Cjt+OVOv� c.c9--c-©-g:›e%evac vviy ' ',Veld County Records . d 0 Except reservations as contained in Patent recorded in Book 20 , Page 75 , Weld County Records . All that part of the S', of the 5"I i and the :�Yr4 of the SE} of Section ' 7 , in Township 2 North , of Range West of the 6th P .M . , Weld County , Colorado , lying North of a line four feet South of the South line of a certain Lateral Ditch from The Plumb and Dailey Ditch running west to the center of the SWi of said Section 17 ; subsequent to March 27 , 1945 at 8 :45 d ' o' clock A .M . 0 0 A 0 y p`bb.'b. i .'>•v"�V'Id<1V'l,d- )v'led'.>.W7W1V1W1v'yr'1V-1d• �,r'ID`7.(v'>`b' >.+'>d 0'7r(r'1id'1W'1�`1G�1J`10 .1..‘0- I tie WILD COUNTY Alibi RALT AND INVESTMENT COMPANY, GREELEY, COLO SHEET NO - 0 Q - ®'®e-.-®-oe-os-�e-o®-abm�0-oe'oe•oe•ar,e—.e—e4 e' eaeae�e- -e- a ce��e�oe�e payable , shall be secured hereby and shall have the benefit of the lien ,!by created and of its priority , and no such advances shall be deemed to ..eve the grantor from any default hereunder or impair any right or remedy e ,sequent thereon . The grantor hereby assigns to the beneficiary all rents , bonuses , royal- Q os , revenues and income , all of which are herein referred to as income , ac- uing under all present and future oil , gas , minrral , grazing , agricultural ° ,l other leases and rental contracts on said premises ; provided that while default exists in the terms , covenants or agreements of said note or of i$ deed of trust , the grantor shall receive , collect and retain such in- .;1e unless otherwise agreed in writing ; and provided further that upon any li default the beneficiary , at its option , may demand , collect and receive ',d income , apply the same to any payments due on said note or to any obli- 0 .fans secured hereby in such order and amount.- as the beneficiary may de- P -.,line, and return any such income not so app] i('c1 to the grantor . Receiver ' s Clause . t,'aivc ; lomcst.'•)ci Exemption . (over) q,�oe^lieua t>O cie¢ie@.®Oe t,L�t.e4>At�evOt,Qlt.®t>Qf4-M c.w�-er liQ.,- Q'a D4-4.-Q-:•.--c•-4 -- - -- - ----- - - - -- ---- _ SHEET NO THE WELD COUNTY ABSTRACT AND INVESTMENT COMPANY, GREELEY. COLO. .0 oA®e d®de ayA•ae'ctrO-ve'v®-vm've'ae'b®•de-c,e' e-o0'sec>O'oe'dec>etie'deve'ce 'rr'A l...„ ' Recites in heading of instrument"Lee Ervin Olson and Florence M . Olson, : aband and wife whose address is Route ##f4 , Longmont , Colorado hereinafter �t ''erred to as the grantor" . • o , • u 0 a PI A -eOG0®U�4•ra0�-m-i�ti1��441'�-�•i1.. •e": -b..3r�--W'a,b"�'i,. ,l��(v'1�`1�J•04-$'tom,G1�4+•<L.ifl O.O -- APPENDIX C Railroad Agreement APPENDIX D Insurance Requirements ,rj,X;.'of tiff".a S.Y .. �r,, ry 1,'�I A):, h�y�, ,AI r+� ' _ ^8P w I.t, '4 1 �' # '�'J" C)w.'''n'A i +r3 i �c'^St,.pr �' r t 4w'z r'{. " .,4„,,,:,,,.,,f a 'W. Il,r u�+l it A. (=I V�14' t' la' Ili 1 ` 'O, ,'t ,l+iU c t( ),r r ) x,,i 71 '^ I Rt ," Jk 1 �aII MATT o H� F )' 1 e',W, r, �J, 4 E ' rTkkT VER , G .4 a"n nuDHl•,ti u1 AGE N,Y _.a... A'._. R' i h ��;.., 'I E I 'W ' a" y 2 COMPANIES AFFORDING COVERAGES Longmont Realty & Ins . - - P.O. Box 760 L LETTER R ETTEROMPA A Home Ins. Longmont, Co. 80501 -- COMPANY B LEVIER ANI) ADDRESS of INSURED //�� • Ca..COMPANY g Frontier Companies , ETAL LETIEFi v q P. O. Box 9 5 COMPANY Hygiene , Co. 80533 LETTER COMPANY E LETTER , i,to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. ill I(r LImlts of LlablIl 00 r In Thousands( 0) TYI'L 01 IJOLINANI L POI ICY NUMBEII E1(1'IRAIION UAEE EACH _ OCCURRENCE AGGREGATE GENERAL LIABILITY r BODILY INJURY 5 5 A I ix,(UMpia II!NSIVC FORM ,`.l IDR8586718 8-9-79/80 txj Pril MISES-OPERATIONS PROPERTY DAMAGE S s I"1 I WLOCION AND COLLAPSE �u 11A1'IFU • ' xi UNDl HGROUNU HAZARD 1x1 I'IJODLiC TS'COWL(1 I D ' ll (APT'TAT IONS IIAIAHD BODILY INJURY AND I iXl r OW PACE GA) IN>UHAFN IPROPERTY DAMAGE s 500 ,000 CSL ,.‘I IIIA)A) I OHM PITON HIV COMBINED I• . DAMAGE I KI, INUIPI NOT NT CON)ITAC TORS I'X.I PI RSONAl IN JURY PE RSONAL INJURY s AUTOMOBILE LIABILITY - - 5' F OO BOORV INJURY s (E AC H F'E RSON) 1 Xl IrH.u'IIIIiiN',IVI I(HiM 19FJ18793CMA 8-9-79/8 BODILY INJURY s xiY til D (EACH ACCIDENT) i` I XI nb•I, PROPS RTY DAMAGE $ - x I I. Ir(,ANI D ,A BOCJII YIN FURY AND • i e .) y� PROPER!Y DAMAGE $ t A `11.1;; i;l IA -- _ COMBINED 500 ,00 i !'• 14,_III ' LXCESS LIABILITY BODILY IN JURY AND xI lµlui(LIA I(IHM I• I,IIIt Ii lIlnN DµIi NllLA 19XS2418WCA 8-9-79/811 i'ftOPF DAMAGE $ $ I UI(A, COMBINED 1,000 , +. 00 Yd()F21(f RS'COMPENSATION STATUTORY • ♦ ' r ,k.� , and 'A• EMPLOYERS'LIABILITY )° �,r. `* s f d "" .. .. (EACH ACCIp(NT) OTHER t,,-,:=I:4•1'• Yir�x01�.:.:,ww,. �;!�tai•p.'r:Efirat r�+!MhAh'; .ik.HAt._M. ,l N}�.FI' .rH tA�',:yr;. ,:(�� , 1 1,',1/AIICNsaoc AIIONsvtillctis ,Jicollation. Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail - - days written notice to the below named certificate holder, but failure to mail such notice shall in,pose+J obligation or liability of any kind upon the company. r..-0.41- - - -- -- ----- I A',).Ail(rhi„TO I I Intl IC Al( I it,I lit It Rocky Mountain Consultants DATE IssuED 647 17th Avenue Longmont , CO 80501 /4 AUT R11D REPRESENT TINE • 1 i-1-"7-''.7."-:."'".'77-- -1—"a=^ .T:r'".';-777,77-7;17,;1:'. ."'J 1iry I;L''I'L:„ _'1ti —_-`.a. :? '7R,, '.5';,',':_,•21.L,.. -,', , Tom, 14 . P ig.,,Y,— '. 2,1 Frontier Materials . ? ' : == SUP-415 : 80 : 5 - March 4 , 1980 March 21 , 1980 c _ r--' ---- LCEIV rD Cc : � =Itv:-'eY(Plat only) Co, my " 1h • Country Enil.zor ti Colorado Water Conservation Bd 1313 Sherman Denver, CO 80203 Colo. Div. of Wildlife Don Bogart 317 W Prospect Ft. Collins, CO 80521 CCS 1313 Sherman Rr, 703 Denver , CO 80203 Dr. Jeris Danielson ,y. Div of Water Resources 1313 Sherman Rm 818 Denver, CO 80203 State Health Dept. 4210 F 11th ;=vc Denver, Co 80220 Longmont SCS 1228 Main St N` Longmont , CO 80501 Boulder Co Planning Dept. P.O. Box 471 Boulder, CO 80306 Ph 441-3930 Don Billings 12023 WCR 36 Platteville , Co 80651 CROS REFERENCE SHEET Name or Subject Ede No. Regarding Date SEE Name or Subject File No. •j Library Bureau File cross reference form under name or ,-: oe.seee at subject at top of the sheet and by the �s`,: Remington Rand latest date of papers. Describe matter l il.rsY Watch.�._+s..t+n1. for identification purposes. The papers, /- themselves,should be filed under name Cat. No.30-5902.1 or subject after"SEE.,. For use in all Filing Systems • � n9n911'�z DEPARTMENT OF PLANNING SEF '.11-,ES „ �rG PHONE (303)356-4000 EXT 404 MAR i.050 I 915 10TH STREET o c' REC .IV�. D a GREELEY,COLORADO 80631 -. + . C,? . "� �= hold Cou,r'" 1/44' • „` ,,,,,„ ..,„ i CASE NUMBER SUP-415 : 80 : 5 .1 COLORADO REFERRAL March 4, 1980 TO WHOM IT MAY CONCERN: Enclosed is an application from Frontier Materials, Inc. for a Special Use Permit for open cut mining for gravel - The parcel of land is described as Pt. SE4 Section 17 and Pt. NE4 Section 20, T2N, R68W . The location of the parcel of land for which this application has been submitted is 5 miles north and 1 1/2 miles east of Erie This application is submitted to your office for review and recommenda- tions. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facili- tate the processing of the proposal and will ensure prompt considera- tion of your recommendations. If a response from your office is not received within 21 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to respond within 21 days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by March 21, 1980 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. )K We have reviewed the proposal and find no conflicts with our interests . 2. A formal recommendation is under consideration and will be submitted to you prior to . 3 . P1 ase refer to the enclosed letter. Signed Agency 00 6a Date „Wiz) j (1) Assi a ni ong Administraaor i ` memoRAnDum To Chuck Cunliffe Date March 20, 1980 COLORADO From Drew Scheltinga, Engineering Manager Subject: Frontier Materials Open Cut S.U.P. This is a follow-up to my memo dated March 4, 1980. Information I requested in that memo has been supplied in a letter from Rocky Mountain Consultants, Inc., dated March 11, 1980. Rocky Mountain Consultants, Inc. indicates 640,000 cubic yards of material will be removed from the proposed project. That translates to 960,000 tons. Using 1950 working days over the 7% year estimated life, and an average of 20 tons per truck load, we could anticipate about 25 loads to be generated per day. It is impossible to state exactly how much extra expense, in terms of maintenance, the County will experience. Adding 25 gravel trucks per day to a road presently being used as a farm to market road will definitely have an adverse impact. Cl Drew Scheltinga SeIN Engineering Manager DS:sad mtmoRRnDuF1� To Chuck Cunliffe Date March 4, 1980 COLORADO From Drew Scheltinqa,nqa, Engineering Manager Subject: Frontier Materials Open Cut S.U.P. Three miles of Weld County Road 202 between Weld County Roads 1 and 7 and 12 miles of Weld County Road 7 between Weld County Road 202 and State Highway 119 will be adversely affected by gravel hauling from this location. The expense to the County to support this operation could be as much as $540,000 in road upgrading. The applicant has indicated an approximate operation of 72 years but has not indicated how much material is to be removed or how much hauling traffic will be generated. It is important to know those items before an impact on roads can be estimated. I feel the applicant should address this problem. Drew Scheltinga Engineering Manager DS:sad �9\. ?4.4y ft /'i, (&,' "3t.? DEPARTMENT OF PLANNING SE=VI:1EL (51 p� � ! PHONE (303)3564000 EXT 404 C P Y 915 10TH STREET eVeY,� V� GREELEY,COLORADO 80631 *47 11 e 0 ® 9, CASE NUMBER SUP-415 : 80 :5 COLORADO REFERRAL March 4, 1980 TO WHOM IT MAY CONCERN: Enclosed is an application from Frontier Materials, Inc. for a Special Use Permit for open cut mining for gravel The parcel of land is described as Pt. SE4 Section 17 and Pt. NE4 Section 20, T2N, R68W The location of the parcel of land for which this application has been submitted is 5 miles north and 1 1/2 miles east of Erie This application is submitted to your office for review and recommenda- tions. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facili- tate the processing of the proposal and will ensure prompt considera- tion of your recommendations. If a response from your office is not received within 21 days of mailing from our office, it may be in- terpreted to mean approval by your office. If you are unable to respond within 21 days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by March 21, 1980 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted to you prior to 3 . Please refer to the enclosed letter. Signed Agency 1 )c., /-1]) Date (ZS INS g-0 Assi a VtQleirQtAL or • • BOARD OF HEALTH Weld County Health Department David Werking, DDS, Greeley William Blick, Roggen 1516 HOSPITAL ROAD Charles W. Juels, MD, MPH Fran Christensen, Eaton Director GREELEY, COLORADO 80631 A.M. Dominguez, Jr., JD, Greeley (303)353-0540 Annette M. Lopez, Greeley Herschel Phelps, Jr. MD, Greeley Kathleen Shaughnessy, PHN, Ault March 25, 1980 Arthur G. Watson, Platteville John M. Wheeler, Greeley TO: Chuck Cunliff- FROM: John G. Hall` SUBJECT: SUP - Front4-r Materials Inc. 1. This operation will require an Air Emission Permit for fugitive dust and for the rock crusher (can be combined into one permit). 2. Applicant will be required to apply for a National Pollution Discharge Elimination System permit (NPDES) . 3. Any Septic System will require a permit from this office. A IIv Longmont Soil Conservation District `c 0KO 1228 Main Street C,�Gl�`� Longmont, Colorado 80501 \‘," , 44 March 18, 1980 Mr. Chuck Cunliffe, Assistant Zoning Administrator Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 Case Number: SUP-415:80:5 Dear Chuck: Our staff has reviewed the application referred to above and make the following comments: 1 . The soils are classified as Aquolls and Aquepts and Bankard sandy loam. They have an irrigated land use capability of VI and IV respectively and would not be considered prime or of unique importance. They are typical river bottom soils that support poor quality vegetation mainly because of their fluctuating water table and droughty condition during some period of the year. The soils report indicates that one of their prime uses is for gravel mining. 2. There are no major irrigation systems found in the project area. 3. Project includes a reclamation plan and the mined area should not adversely affect wildlife, but in fact, increase waterfowl habitat. 4. There are no known endangered species of plants or animals identified on the site. 5. The Soil Conservation District recognizes the need for gravel mining where the resource is found and find no real conflict with our interests . Sincerely, 4-e idelV 14 Leo Berger President LB: rah CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT 1 R . M . J . Inc . AIL Rocky Mountain Consultants Incorporated April 16, 1980 T1ftP i;O1J9TV Cfb41MISSI©I. S Board of County Commissioners 7.:-171c7,11-77: Weld County C ' v j I { 6 915 - 10th Street 1, Greeley, CO 80631 �', , 8 ' RE: #SUP-415:80:5 e 74L.-:3-.o7;-.17/ijjj Frontier Materials, Inc. Dear Commissioners: These comments are in response to the conditions of approval as set forth by the Department of Planning Services staff for the Frontier Materials, Inc. open cut mining permit. We agree with conditions 1 through 3, but have con- cerns with respect to condition 4 relating to road maintenance. It is our opinion that for an operation this size it is not economically feasible to conduct an engineering analysis to determine the condition of roads so that a maintenance program can be developed. Realizing that the mining operation delegates responsibility to the operator with respect to road maintenance, the following alternatives are offered. The major impact will be on Weld County Road 202. It is recommended that prior to the commence- ment of the mining operation, Road 202 between Boulder-Weld County Line Road and Rinn should be repaired by Weld County to the County's satisfaction, or simply filling existing potholes or deteriorated areas of the road. Frontier Materials would then agree to maintain Weld County Road 202 between Boulder- Weld County Line Road and Rinn to that level for as long as the mining opera- tion continues. The maintenance would include filling in potholes and repair- ing broken shoulders at the entrance of the mining operation if such occurs. Since the majority of the impact will be on Weld County Road 202, the mainte- nance program will be limited to Road 202 between County Line Road and Rinn. We respectfully request your consideration of our proposed contribution to the road maintenance problem. Based on the economics involved, a more exten- sive program cannot be justified. Very truly yours, ROCK M TAN CONSULTANTS, INC. K/(i Rollin, P.E. KR:cs cc: Mr. Chuck Cunliffe Dept. of Planning Services Longmont Office. Denver Office Estes Park Office 647 17th Avenue 4260 East Evans Avenue, Suite 7 P O Box 1649 Longmont, Colorado 80501 Denver, Colorado 80222 Estes Park, Colorado 80517 (303) 772-5282, (303) 665-6283 (Metro) (303) 758-4532 (303) 586-2458 AIL R . M . Inc . Rocky Mountain Consultants Incorporated March 28, 1980 -, r e' - -p - Mr. Chuck Cunliffe Weld County Planning Department 915 10th Street Greeley, Colorado 80631 RE: Frontier Materials - Olson Pit Dear Mr. Cunliffe: The matter of the application of Frontier Materials to mine gravel at the Olson Pit in Weld County has been brought to the attention of the Water Users Association of District No. 6 by the Office of the State Engineer. A review of the application indicates that adequate water is available to augment the proposed reclamation plan and that the applicant intends to work with District 6 Water Users in reaching an agreement with respect to this water. Provided this agreement is finalized and the concerns noted by the Division of Water Resources with respect to washing and utilizing water for dust control are resolved, the District 6 Water Users have no objection to the proposed mining operation. Thank you for the opportunity to comment. Very truly -yoIYrs, ROCKY MOUNTAIN CONSULTANN``TS; INC. / ✓ / f''✓ , � . st/ `Robert C. Brand gineering Consultant for ,1( ester Users Association of District 6 dp cc: Hal Simpson Longmont Office. Denver Office. Estes Park Office 647 17tn Avenue 4260 East Evans Avenue, Suite 7 P. O. Box 1649 Longmont, Colorado 80501 Denver, Colorado 80222 Estes Park, Colorado 80517 (303) 772-5282, (303) 665-6283 (Metro) (303) 758-4532 (303) 586-2458 Ab6R . M . v . Inc . Rocky Mountain Consultants Incorporated March 27, 1980 Mr. Chuck Cunliffe Weld County Planning Dept. 915 - 10th Street - - Greeley, CO 80631 RE: Frontier Materials, Olson Pit SUP 415 Dear Chuck: In response to the concerns noted by Mr. Hal D. Simpson of the Division of Water Resources regarding the Frontier Materials gravel mining application, the following is offered. Further discussions with Mr. Henry Braly of Frontier Materials indicated that there will be no gravel washing at this site. Dust control will be attained through the use of dust oil . The mined material will be wet due to its location in the river bottom, thus no water will be required for dust control at the transfer point of the gravel . Based on these proposed mining operational practices, no water will be required for washing or dust control . As noted in the application, adequate water rights are available to meet the augmentation requirements of the reclamation plan. An agreement with District 6 Water Users will be reached in this regard. Please feel free to contact us if further information is required. Very truly yours, ROCKY MOUNTAIN CONSULTANTS, INC. Verna Sigg Approved: Water Resources Planner / N 7/ Ken {Ro l l i n VS:cs cc: Henry Braly Longmont Office Denver Office Estes Park Office 647 17in Avenue 4260 East Evans Avenue, Suite 7 P O Box 1649 Longmont, Colorado 80501 Denver, Colorado 80222 Estes Park, Colorado 80517 (303) 772-5282, (303) 665-6283 (Metro) (303) 758-4532 (303) 586-2458 R . M . v . Inc . AAL Rocky Mountain Consultants Incorporated March 11 , 1980 - ,yC�q*, N �. Mr. Chuck Cunliffe ' Weld County Planning Dept. P.O. Box 758 Greeley, CO 80631 Dear Mr. Cunliffe: In response to the additional information requested by Mr. Drew Scheltinga, Weld County Engineering Manager, the following is offered. The estimated amount of material to be removed from the site is 640,000 cubic yards. It is extremely difficult to estimate how much hauling traffic will be generated since the removal of the material will depend on market demands. It is anticipated that a total of six trucks will be used. The primary market for the sand and gravel will be in the Boulder County area, thus trucks will be mainly proceeding west from the mining site, thus reducing the impact of the operation on Weld County Road 20z and Weld County Road 7. Please contact us if further information is desired. Very truly yours, ROCKY MOUNTAIN CONSULTANTS, INC. Verna Sigg Water Resources Planner Approved: 4%. 63, Ken Rollin VS:cs Longmont Office. Denver Office Estes Park Office. 647 17tn Avenue 4260 East Evans Avenue, Suite 7 P O. Box 1649 Longmont, Colorado 80501 Denver, Colorado 80222 Estes Park, Colorado 80517 (303) 772-5282, (303) 665-6283 (Metro) (303) 758-4532 (303) 586-2458 / P tai �'' 3 ; p o.box 471 2045 13th st. bou der,Colorado 20366 441-3000 ` .r '' rte✓ '".' MEMORANDUM TO: Board of County Commissioners FROM: Bing Barstow, Public Works Director BY: Alex Ariniello, Transportation Engineer aZIZ2 DATE: July 6, 1978 RE: Flatiron Special Use Application in Weld County The Flatiron Paving Company is applying to Weld County for a Special Use Permit to construct and operate an asphalt plant and a concrete batch plant on part of the site known as the Nelson Pit, which is located about one mile north of SH 52 and about Z mile east of East County Line Road. The haul traffic of about 160 trucks per day will utilize Veld County Foad 16 and E. County Line Road. Flatiron has already been granted both cc::nty and state mining permits for this location so that even if the plants are net operated, haul vehicle traffic will still use this haul route. The Boulder County Commissioners have been petitioned (attached) by residents along the haul route to appeal to the Weld County Commissioners to require a haul route other than the one outlined by Flatirons. The Public Works staff has the following comments: 1 ) East County Line Road , split by the County boundary, is main- tained by Boulder County under a maintenance agreement worked out with Weld County. The road is structurally in poor condition and not designed to carry the type of traffic it is carrying today. 2) Analysis of other hauling operations indicates that heavy users such as Flatirons, generally do not contribute enough taxes to recover the cost of additional damage to County roads. Although no analysis has been done in this particular case, the staff feels that the hauling operations will significantly contribute to deterioration of E. County Line Road and there will be minimal increase in revenues to repair this facility. �f , L_ -[ `\ To Barbara Bryan, Planner Date May 23, 1980 1� cl �� From Bruce Johnson, Traffic Engineer >C_ Frontier Materials Special Use Permit n Weld County Subject: P Chuck Cunliffe, Assistant Zoning Administrator of Weld County, was contacted on May 12, 1980 regarding traffic impact from the proposed gravel mine. According to estimates performed by the Weld County Engineer, the average haul rate from the pit will be 25 loads per . day. The only statement with regard to trip distribution was that the primary market will be Boulder County and that trucks leaving the site to the west will use County Line Road in the north and south airections depending on the job site. The applicant has proposed to maintain only Weld County Road 202 and not County Line Road. Weld County maintains County Line Road north of Road 201, and Boulder County maintains the road south of goad 20' . It is three and one-half miles from Road 202 south to State Highway 52. We agree that it is not practical to ask the applicant to maintain the three and one-half miles of County Line Road. On the basis of the expected number of trips stated above and the likelihood that trips will be divided in several directions we have no further conflicts with the proposal . dlf A JUN 1F80 `- _ RECEIVED �� • • f planningdivi;ion - bou. d¢r p o box 471.13th and rpruce rtreet•boulder, colorado 80306 441-3930 county edworcJ o tope June 2, 1980 Mr. Chuck Cunliffe Asst. Zoning Administrator Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Frontier Materials - Special Use Permit in Weld County Dear Mr. Cunliffe: Thank you for requesting the input of Boulder County in regard to the Frontier Materials Special Use Permit in Weld County. The Boulder County Public Works Department has reviewed additional information concerning trip generation supplied by your office and concluded that the proposed maintenance arrangement is satisfactory. Please refer to the enclosed memorandum prepared by the Boulder County Public Works Department for additional detail . Thank you again for your cooperation in this matter of mutual concern. Yours very truly, Barbara M. Bryan Long Range Planner BMB/akg cc: Bruce Johnson, Public Works Department JUN BO 7= ' / .: REcrT H,F r ,S rl division der p o box 471 13th and rpruce rtreet bou'der, colorado 80306 441-3930 - ounty - edword o tepe �- at;% \‘:./ March 18, 1980 ; ? ` Mr. Chuck Cunliffe Assistant Zoning Administrator `\\ • Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Frontier Materials, Inc. Dear Mr. Cunliffe: The purpose of this letter is to respond to the referral from Weld County concerning an application from Frontier Materials Inc. for a Special Use Permit for open mining of gravel in Sections 17 and 20, T2N, R68W. Our Department appreciates the opportunity to comment on this proposal of mutual concern. The major concerns of the Boulder County Land Use Department and the Boulder County Public Works Department involve the use of County Line Road by gravel hauling vehicles. This matter was reviewed in July of 1978 in regard to a previous Special Review application referred to Boulder County by Weld County. At that time the Public Works Department determined that the addition of a large amount of haul traffic would significantly contribute to the deterioration of East County Line Road while contributing minimally to the increase in revenue to repair this facility. (I have included a copy of the Public Work's comment on the previous request for your review .) In regard to the particular request, Staff was in receipt of information which detailed the equipment operating on the site, however we were not able to review the actual impact of the operation without an estimate of daily vehicle trips on County Line Road. I would like to suggest that the Weld County Staff review the impact of the operation in view of the concerns identified by the Public Works Department and in view of the impact on residents adjacent to East County Line Road. Thank you for the opportunity to review and comment on this proposal. If you should need additional information, please don't hesitate to contact this office. Yours very truly, Barbara M. Bryan Long Range Planner "- Enclosures: • r ' Flatiron Special Use Application in held County duly 6, 1978 Page two 3) Due to the residental nature of the area concerned, it should be noted that E. County Line Road is classified in the Comprehensive Plan as a minor arterial and is projected to serve through trip traffic at moderate speeds. The haul traffic will make it even more mandatory for the residents of the area to be cautioned against letting their children play on or near the road. In summary, this special use application will result in the deterior- ation of E. County Line Road and an increased hazard to the residents in the area. We reccommend that Weld County designate alternate, less ob- jectionable haul routes as a condition of approval ,if such alterate routes are available. • „BB:AA/tmvn P or co ', II IItY • f 676 COLORADO DEPARTMENT OF HEALTH 4210 EAST 11TH AVENUE • DENVER, COLORADO 80220 • PHONE 320-8333 Frank Traylor, M.D. , Executive Director DATE: March 19, 1980 � /c2 MPS . t) SUBJECT: NON-STATE ASSISTANCE tC ' REVIEW AND COMMENTS ; TO: Weld County Dept. of Planning �Js� ``; 915 lath Street Greeley, CO 80631 PROJECT TITLE : Frontier Materials Inc. , Special Use Permit for Open Cut Mining for Gravel, Case #SUP-415 : 80: 5 STATE IDENTIFIER: N/A DUE : March 21, 1980 COMMENTS : Water Quality Control: The Water Quality Control Divi- sion has no comment other than to remind the applicant of his respon- sibility for obtaining a permit for the discharge to Boulder Creek of water resulting from the dewatering of the working area. Similarly, any work done within the channel of Boulder Creek will require a per- mit from the U.S. Army Corps of Engineers. i Name, Title Ste en M. Kelsey, Pro ram Administrator SOC-3, Jan 79 •COI° RICHARD D. LAMM ET, J A DANIELSON Governor * 1 �.( O State Engineer 9 \* � I \1876 DIVISION OF WATER RESOURCES Department of Natural Resources 1313 Sherman Street-Room 818 Denver,Colorado 80203 Administration(303)839-3581 Ground Water(303)839-3587 March 18, 1980 Mr. Chuck Cunliffe, Assistant Zoning Administrator Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Frontier Materials , Hygiene Pit Special Use Permit Dear Mr. Cunliffe: This is to acknowledge receipt of information concerning the above referenced gravel mining operation. As requested, we have reviewed the water resource aspects of the operation and the following comments are presented for your consideration: 1 . The applicant has provided insufficient information concern- ing the amount of water that will be used by the proposed operation. The applicant states water may be used for gravel washing and dust control. It is not clear where the appli- cant intends to obtain the water to meet these needs. If the applicant plans to use pit water for the operation needs , then the utilization of this ground water is considered a beneficial use and would require a well permit prior to its use in order that the applicant would not be in violation of the 1973 Colorado Revised Statutes, 37-90-137. Since the Platte River basin and Boulder Creek are over-appropriated, a well permit cannot be issued until a plan for augmentation has been approved by the Division Water Court. 2. It would appear that the applicant has access to an adequate amount of water rights to meet the plan for augmentation require- ments mentioned above and also to meet evaporative losses from the reclaimed pond areas. M Mr. Chuck Cunliffe -2- March 18, 1980 3 . If the applicant plans to use the irrigation water rights for gravel washing and dust control, the decreed use of the water rights would have to be changed to industrial use and an augmentation plan for the additional consumptive use associated with the industrial use would also have to be approved. The water rights could be utilized to compensate downstream water rights provided a portion of the lands previously irrigated by these water rights is removed from irrigation and the appropriate amount of water is no longer diverted from Boulder Creek. The augmentation plan to meet the requirements mentioned above should be approved by the District 6 Water Users Association prior to county approval of the mining operation. We would also like the opportunity to review the plan for augmentation prior to county approval. If we can answer additional questions concerning this application, please feel free to call us. Very truly yours, difre 6 .-44Lea Hal D. Simpson, Chief Water Management Branch HDS/RLS:mvf cc: Tim Clark, Div. Eng. District 6 Water Users Assoc. 0 or ., RICHARD IC ARDRD LAMM * (( ))� * JOHN W. ROLD GOVE - * Director 7876 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING-1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE (303)839-2611 r�`a�'' 6i//\�4/ - Y March 11 , 1980 „(C `IhPq �= as ..c.0 F c, RECEIVE D f„_ c-, UOIC,12117 Mr. Chuck Cunliffe c&;-q "+_span Weld County Department of �e:,1 lr Planning Services � , 915 10th Street �'/''�� '�y Greeley, CO 80631 Dear Mr. Cunliffe: RE: SUP-415:80:5, FRONTIER MATERIALS Frontier Materials, Inc. , proposes to operate a gravel pit and processing plant on a 69-acre tract in secs. 17 and 20, T2N, R68W. This parcel lies on Boulder Creek flood-plain gravels shown as "Fl " on the CGS aggregate resource maps of the Longmont quadrangle. The applicant s report a gravel thickness of 18 ft, which is more than what is indicated by logs on our maps. This suggests the presence of an older buried channel beneath the site and the present course of Boulder Creek. This is an unusual site configuration for a gravel pit. Mining will be physically constrained by the actual configuration, the course of Boulder Creek and the Burlington Northern right-of-way. Of the total 69 acres, only 22 acres will be mined and reclaimed. The applicant has shown, perhaps not intentionally, that a difficult site can be adequately worked. This situation could be an important guide in future land-use decisions regarding commerciality of gravel acreage. Other commendable aspects of this proposal include 1 ) locating the processing plant as far as possible from the county road, and 2) positioning stockpiles to minimize the visual aspects. I find no geologic problems involved with this operation and recommend approval pending the finalization of the water augmentation plan referred to on page 7. Sincerely, Step/hen D. Schwochow Engineering Geologist SDS/gp cc: Land Use Commission GEOLOGY STORY OF THE PAST . . . KEY TO THE FUTURE BENJAMIN F.STAPLETON J.WILLIAM McDONALD Chairman,Denver • ' .or•co Director FREDERICK V.KROEGER 9 � o LAREN D.MORRILL Vice-Chairman,Durango Deputy Director + * JOHN R.FETCHER � * � Steamboat Springs C.M. FURNEAUX RICHARD D. LAMM Walden Governor FLOYD L.GETZ DEPARTMENT OF NATURAL RESOURCES Monte Vista COLORADO WATER CONSERVATION BOARD PATRICK A.GORMLEY Grand Junction 823 STATE CENTENNIAL BUILDING ROBERT A.JACKSON 1313 SHERMAN STREET TELEPHONE (303)839-3441 Pueblo DENVER,COLORADO 80203 DAVID LEINSDORF Crested Butte March 13, 1980 HERBERT H.VANDEMOER Sterling Mr. Chuck Cunliffe Assistant Zoning Administrator Weld County Department of Planning 915-10th Street Greeley, CO 80631 Re: SUP-415 :80:5 - Frontier Minerals, Inc. , Open Cut Gravel Mine Dear Mr. Cunliffe: A flood hazard review for the "Frontier Minerals, Inc. , Open Cut Mine - Olson Pit" special use permit has been completed by the Colorado Water Conservation Board staff with the following find- ings: I. Location: County - Weld Section, Township, Range - Parts of Sections 17 and 20, T2N, R68W, 6th PM. Area - Approximately 70 Acres II. Potential Sources of Flooding: Boulder Creek and Tributary Areas III. Available Floodplain Information: A. "Flood Insurance Study, Weld County, Colorado, Unincorporated Areas and Town of Eaton, Colorado, " prepared in September, 1979, by Gingery Associates, Inc. , under FEMA-FIA contract. This study has not been officially designated by the Colorado Water Conservation Board, although designation has been requested and the report preliminarily approved. J Mr. Chuck Cunliffe March 13, 1980 Page two B. "Floodplain Information, St. Vrain Creek, Boulder Creek and Idaho Creek, Weld County, Colorado. " This report is presently in progress by the U. S. Army Corps of Engineers, Omaha District, and will provide detailed information in this area when completed. IV. The application correctly identifies the approximate 100-year floodplain as described in the "Flood Insur- ance Study" of September, 1979. The majority of this proposed mining site lies within this described 100- year floodplain as stated. V. The yard area, stockpiles, and scale house are shown to be located outside the 100-year limits and should remain so. VI. The application states, "No berms will be constructed in the floodway and stockpiles will be outside the floodway so that drainage patterns will not be affected. " VII. Structures to be located in the floodplain consist of a Portable Processing Plant and Conveyor System only. VIII. No bridges, dikes, or dams are indicated that would obstruct passage of flood flows. IX. A reclamation plan is included that presently calls for the addition of three ponds to the floodplain. However, they do not appear to involve any dikes or dams. Based on these findings and other information contained in the application, we offer the following recommendations: 1. Any operations of the gravel pit should not obstruct the passage of the 100-year flood flows to the point that it has any adverse effects on others. At present, this recommendation appears to be satisfied. 2. Fuel tanks, septic tanks, and other items that might wash away during flooding and create "hazards to public health" should be located outside the 100-year floodplain or securely anchored and adequately floodproofed to avoid creation of this type hazard. 3. Any additional temporary structures that may be required should be located outside the 100-year floodplain. 4. All temporary and portable structures should be removed from the area upon completion of mining and the land returned to Mr. Chuck Cunliffe March 13, 1980 Page three as natural a state as possible, as indicated in the application. This area would probably be best left as a floodplain zone. Should you have any questions, I will be happy to respond. Very truly yours, v, /10,r-L D. Randolph Seaholm Water Resource Specialist DRS:tam MAR 1 8O RECEIVED cA i111: 0O r,-7,,_s„ Conn3st2 J' a AGREEMENT REGARDING ROAD MAINTENANCE THIS AGREEMENT made this 4th day of June , 1980, between FRONTIER MATERIALS, INC. , a Colorado corporation, hereinafter termed Frontier, and the WELD COUNTY BOARD OF COMMISSIONERS, . hereinafter termed COMMISSIONERS: WITNESSETH: WHEREAS, Frontier proposes to mine sand and gravel in the Southeast one- quarter of Section 17 and the Northeast one-quarter of Section 20, Township 2 North, Range 68 West, Weld County, Colorado; and WHEREAS, the sand and gravel from the pit will be hauled to destinations in Boulder and Weld Counties, with the major impact being to Weld County Road 202, between Boulder-Weld County Line Road and Rinn; and WHEREAS, Frontier recognizes certain responsibilities with respect to main- tenance of said portion of Weld County Road 202. NOW, THEREFORE, it is mutually agreed as follows: Weld County shall , prior to the commencement of the mining operation, repair Weld County Road 202, between Boulder-Weld County Line Road and Rinn, including filling potholes, repairing broken pavement edges and broken shoulders. Subject to the provisions of this paragraph, Frontier will maintain the level of repair attained by Weld County on said portion of Weld County Road 202 for the duration of the mining operation, including filling potholes, repairing broken pavement edges and broken shoulders, but cannot be responsible for major failures requiring total rebuilding of the road. In the event said portion of Road 202 is used on a regular basis by other heavy vehicles which contribute materially to the deterioration of the road, Frontier' s obligation shall be limited to a reasonable portion of the total mainteinance. IN WITNESS WHEREOF, the parties hereto have attached their signatures on the date above written. FRONTIER MATRIALS, IN ATT B Secretary enr Braly, P/esi ent WELD COUNTY BOARD OF COMMISSIONERS Chairman " / AGREEMENT REGARDING SAND AND GRAVEL MINING AND AUGMENTATION PLAN PERTAINING THERETO THIS AGREEMENT is made this ,,,Z,l day of , 1980, between Lee Ervin Olson and Florence M. Olson, hereinafter to ed OLSONS, and THE WATER USERS ASSOCIATION OF DISTRICT NO. 6, a Colorado nonprofit corporation, herein- after termed WATER USERS: WITNESSETH: WHEREAS , OLSONS own the property described on the attached Exhibit A for which Frontier Materials has applied for a Special Use Permit from Weld County and for a Mining Permit from the Mined Land Reclamation Board of the State of Colorado to enable it to conduct sand and gravel mining activities on the property; and WHEREAS, OLSONS shall be responsible for maintenance of the reclama- tion plans as completed by Frontier Materials, Inc. , which plans include the creation of one or more lakes; end WHEREAS, the WATER USERS have no objection to the mining and reclama- tion plans if an augmentation plan for Boulder Creek is entered into for the pur- pose of compensating for potential additional evaporation which may result from the lakes created by the mining, and the parties have agreed upon such an augmen- tation plan as set forth herein. NOW, THEREFORE, it is mutually agreed as follows: I . OLSONS Agree as fellows : A. To allow Frontier Materials, Inc. to conduct a mining operation in accordance with the requirements set forth in the Mining and Recla- mation Plan as finally approved by Weld County and the Mined Land Reclamation Board of the State of Colorado as per a separate agree- ment on OLSONS land ; B. That neither they nor their successors nor assigns will claim, or attempt in any way to appropriate any water which is assertedly developed , or which assertedly augments stream flow, as a result of the contemplated mining operation and reclamation plan. The foregoing sentence shall not preclude OLSONS from raising any such claim as a defense to any judicial or administra- tive proceeding brought by either a governmental agency or a water user not bound hereby, so long as the water which OLSONS assert has been so developed or so augments the streamfiow is not claimed to exceed that necessary to compensate for the injury to the water rights of others asserted in the proceeding to have been caused by the mining operations and reclamation plan. C. Frontier Materials, Inc. will construct lakes contemplated by the approved mining and reclamation plan, in a good and workmanlike manner, and in a manner that will have inlet and outlet structures which can be controlled by the State Engineer of the State of Colorado and his representatives. D. Frontier Materials, Inc. will reconstruct historical wasteways and ditches in such a manner as to assure that no ditch user or person affected by such ditch or ditches shall be injured and in such a manner that the water and wastewater flowing in such ditches will flow in the same manner and at the same time as it has historically flowed. In addition, written approval from the owners of each ditch affected by the mining activities shall be received , and copies furnished to the WATER USERS prior to the commencement of mining activities. E. To reimburse the WATER USERS for its necessary and reason- able expenses incurred in connection with its review of the Mining and Reclamation Plan and the preparation of this Agreement , which the parties agree is $500.00 F. OLSONS, for themselves , their successors and assigns, fur- ther agree to augment Boulder Creek, thereby preventing injury to other water users, by allowing all water attributable to their entire 1/10th ownership in the Carr and Tyler Ditch and one-half share of the common capital stock of the Godding Dailey and Plumb, not to be diverted through the ditch headgates , thereby allowing such water to remain a part of the water of Boulder Creek, or if diverted at the ditch headgates , not to be used for irrigation or any other purpose, but to be allowed to flow back into Boulder Creek. The decision as to whether or not such water shall be diverted at the respective ditch headgates , and if diverted, at which point it shall be allowed to flow back into Boulder Creek, shall be made by the WATER USERS. In any case, this water shall be used to augment evaporation from the lake resulting from OLSONS mining and reclama- tion plans and shall never be used for any other purpose. The land heretofore irrigated by, and the water heretofore attributable to, such shares shall no longer be irrigated by such shares. G. In order to implement the provisions of this Agreement, OLSONS agree that the Certificates described in the preceeding para- graph shall be endorsed as follows : "These shares and the uses of water a tributable thereto are restricted by an Agreement dated a /9?0 entered into between OLSONS and THE W ER USERS ASSOCIA- TION OF DISTRICT NO. 6, a Colorado nonprofit corporation, and are subject to the terms of that Agreement. Said Agreement is recorded in the office of the Clerk and Re- corder of Weld County and affects land in Sections 17 and 20, Township 2 North, Range 68 West of the 6th P.M." Such certificates shall be surrendered to the WATER USERS or to the Secretaries of the respective ditch companies, so that the endorse- ment can be placed thereon, after which the Certificates shall be returned to OLSONS. -2- H. OLSONS, for themselves , their successors and assigns , shall continue to pay all ditch assessments applicable to the shares men- tioned above. 2. COVENANT RUNNING WITH THE LAND AND DITCH STOCK. This Agreement shall be a covenant which runs with the land described on the attached Exhibit A, and the shares of stock in the Carr and Tyler Ditch and the Godding , Dailey and Plumb Ditch Company mentioned above, and shall continue in effect and be binding upon the parties , their successors and assigns, unless or until the WATER USERS, or a majority of its voting membership or successors shall waive the terms hereof, or until entry of a judicial determination modifying this augmentation plan, or determining that augmentation is not required or will no longer be required. In the event that after any and all appeals have been com- pleted , the Water Court, or other appropriate agency , by final decree or order approves an amendment or different augmentation, or determines that augmentation is not required or will no longer be required, each of the parties hereto agree to abide by the outcome of such final decree and the existing plan for augmen- tation shall be deemed to be modified accordingly. 3. OBJECTIONS TO PERMIT. In consideration of the covenants herein contained, the WATER USERS and its members hereby: A. Withdraw any and all objections to granting the special use permit and consent that the same may be issued at the discre- tion of Weld County. B. Withdraw any and all objections to granting the mining per- mit and consent that the same may be issued by the Mined Land Reclamation Board. C. Covenant that they will not raise any objection to the mining, reclamation, pumping and creation of a lake or lakes de- scribed herein or commence any litigation seeking injunctive or compensatory relief arising therefrom except for violation of the Agreements set forth herein, as to any period of time when the augmentation plan described herein remains in effect. 4. ENFORCEMENT. This Agreement may be enforced by the WATER USERS, or any of its members who are adversely affected by any violation of any term hereof, by seeking any appropriate equitable and legal remedies , including in- junctive relief, specific performance and damages. In the event that litiga- tion is commenced by the WATER USERS or any of its members to obtain such enforcement, and the WATER USERS or any member prevails , OLSONS and/or their successors and assigns , agree to pay for any reasonable attorney' s fees and court costs expended by the WATER USERS or the member in obtaining such en- forcement; but if OLSONS prevail , the WATER USERS, or the member instituting the litigation, shall pay such fees and court costs expended by OLSONS. -3- IN WITNESS WHEREOF, the parties hereto have attached their signa- tures on the day and year first above written. Lee Ervin Olson Florence M. Olson THE WATER USERS ASSO ,�i�1J�Ccf"61Xa STR 1 CT N0. a ^lor o _no(p'> of i t corporation ' y, tg. BY: Milton H. Nelson, President _ z {A Az,i „-- . -,--t -e-i---ek Ferrin Harsch, Secretary ATTEST: ATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this 't/ day ofa,,i_e , 1980, by Milton H. Nelson, President , and Ferrin Harsch, Secretary, of the Water Users Association of District No. 6, a Colorado non- profit corporation. Witness my hand and official seal . My commission expires: My (.omuuwwi. ..AJJlab rHbn.ery s H1.2 • ICU Ct CV c_.� Notary Public STATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this c- r day of ,L.�„!� , 1980, by Lee Ervin Olson and Florence M. Olson. Witness my hand a official seal . My commission expires: - ' ` -1 , tyU'Iu611 i� Notary Pulb i c -4- DEPARTMENT OF PLANNING SERVICES PHONE (303)356-4000 EXT 404 915 10TH STREET U61[1] D GREELEY,COLORADO 80631 41( • COLORADO March 7, 1980 To Whom It May Concern : You are receiving a copy of this notification because your name appears as a surrounding property owner owning property within 5OO feet of the proposed use. The Weld County Planning Commission will review a request from Frontier Materials, Inc. for a Special Use Permit for open cut mining permit for gravel on property described as follows : pt. SE„ Section 17 and Pt. NE% • Section 20, T2N, R68W The location of the parcel of land for which this application has been submitted is : 5 miles north and 1, miles east of Erie • If you have any suggestions or objections, will you kindly notify us in writing before March 21, 1980 . The meeting by the Weld County Planning Commission is scheduled for April 1, 1980 • This meeting will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 1Oth Street , Greeley, Colorado, at 1: 3O p.m. If you have any questions concerning this matter, please contact the Department of Planning Services at 356-4OOO, Ext . 4O4. /NCI 01'1. F I� J[� 1 Assi a oning Administrator CC: sav - 9/13/78 Frontier Materials, Inc. SUP-415 : 80 : 5 SURROUNDING PROPERTY OWNERS March 7, 1980 Herman and Betty L. Schlagel 1262 Weld County Road 20% Longmont, Colorado 80501 E. Max and Doris Ann Serafini 1998 Weld County Road 20% Longmont, Colorado 80501 James H. Tull 7490 Club House Road 201 Boulder, Colorado 80301 Arthur and Lucy and Luther Stromquist Route 2, Box 340 Longmont, Colorado 80501 Martha A. and Leslie J. Williams, Jr. 8876 Rogers Road Longmont, Colorado 80501 J= i �ec7 / 2 _ P,e0/'C X 7->/ /6--Ce- .ec// /n4/6-/z/.4e-s zsgy (p2-/3/ -/]—D-&0- J/S Ge_SOA; e-F4-7 E�✓�.cJ /) 1e_ tticg -14 %, GvZ - O/ /2 - '17-7C.0 / (2708 ( u-si 5 4t1 LAS-& 1J /V&/f4ry - - 6 r'ily L. 4; I� /Lla-L c , 20 vFys./.0, o� Jv ; 7a-/G -G3 / V/5'7- /n/ V� p Ls o,v LE. 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Z/-Z•(o g z� tit- D5�/ 7---.20 -7( /69SpyV ) ( il >7w OP1'iQ1>S J) /,:,z/ ) LVC), 74- Z.lijA&a 0 X- "3 4/(") C Jj1s�/Y l:, /21s0/G/it/Cr 6/ST 677-y z. . ./i/Z4 -eL /-gpp2 G,�'A ZL coa/vr) ,eo4z) Lo /.rro JT coLo. 5 O/ e. 424X Po,e/S ,dyti 56'X'4'F/y/ /995 I5 ,* COU4/Ty ,'04P 2O z '()/(JG/ O4- 7" (/4/V6-3 H 7?JL 2990 cz ' //ois ,x''47 2o/ 56ucPC/c COG.o, 8030/ AP?x/U/z v7X/6'/Z 5Teo4 q i/s7 ,Pr. 2 80X 3�a /v/9,e7w I A 71 L&csc.lr L// u//4-z/.0/hs 987& ,Pam'E/ls LO4'&,/7 ,vr BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Date April 1, 1980 Case No. SUp# 425:80: 5 APPLICATION OF Frontier Materials, Inc. ADDRESS 1738 WC Rd. 20z, Longmont , CO 80501 Moved by Irma White that the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Plan_nira Commission that the appli- cation for site approval of er Gra Tuning covering the following described property in Weld County, Colorado, to-wit: (see attached) with Operations Standards be recommended (favorably) (IndenzoudikA to the Board of County Commissioners for the following reasons: 1. The request complies with the Weld County Extraction Plan. Mineral Resources, Volume II , Section C(3) . The Colorado Geological Survey aggregate resource maps of the Longmont guadrangle identifies the gravel deposit as F-1 Floodplain Deposit and as such, it is classified as a resource conserva- tion area. 2. It is the opinion of the Planning Commission that the proposed operation is in compliance with the provisions of Sections 3.3(E) (2) and 6.1(3) of the Weld County Zoning Resolution. 3, It is the opinion of the Planning Commission that open-cut mining operations as outlined and controlled in the Operations Standards will minimize impacts on surrounding uses and the area to the greatest extent possible and provide adequate protection of the health, safety, and welfare of the inhabitants of the area and the county. Motion seconded by___ Bette__Kountz__-,__ For Passage___ Chuck Carlson__ __Against Passage__ Jerry_Kiefer _______ Frank Suckla Bette Kountz Irma White Don Billings Bob Ehrlidh The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERT IFIC/trION OF COPY I Dianne i. Rae_ -_ __ , P ' i n'l Secretary of the Weld County Planning Commission, do hereby certify that ,.h' above and foregoing Resolution is a true copy of the Resolution of the P1 inning Commission of Weld County, Color- ado, adopted on April_14_ 1980 and recorded in Book No. VII __ of the proceedings of the sairj Commksio;i. I ! if' 4th (hi/ of April - , 19 80"C20/7//1Z.42_ _ _ dry Frontier Materials, Inc SUP-415 : 80: 5 Planning Commission Recommendation April 1, 1980 These determinations are based in part upon a review of the information submitted by the applicant , other relevant information regarding the request and the responses of the referral entities which have reviewed this request. The Planning Commission' s recommendation for approval is conditional upon the following: 1. The attached Operations Standards being recommended and approved for this request . 2. The following note being placed on the Special Use Permit Plat : Note: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are therefore under the jurisdiction of the Mined Land Reclamation Board, however, Weld County has jurisdiction of those matters outlined in the Operations Standards. 3. The extraction of sand and gravel shall not take place on the Special Use Permit area until the Operations Standards for the Special Use Permit have been placed on the Special Use Permit plat and said plat has been delivered to the office of the Department of Planning Services. 4. The applicant shall, prior to scheduling this request before the Board of County Commissioners, offer an acceptable program of road maintenance to the Weld County Board of County Commissioners which will be required to mitigate negative impacts generated by the gravel mining operation to the county road system. The applicant shall submit an engineering analysis to determine the program of road main- tenance which will be required. This program shall be reviewed by the Weld County Engineering Department and the Boulder County Public Works Department prior to the Board of County Commissioners hearing. A public hearing was conducted on June 4 , 1980 at 2: 00 P.M. , with the following present: BILL KIRBY CHAIRMAN LEONARD ROE COMMISSIONER NORMAN CARLSON COMMISSIONER LYDIA DUNBAR COMMISSIONER JUNE STEINMARK COMMISSIONER • Also present: ACTING CLERK TO THE BOARD, Keitha White ASSISTANT COUNTY ATTORNEY, Robert Lowenbach PLANNING DEPARTMENT REPRESENTATIVE, Tom Honn • The following business was transacted: I hereby certify that pursuant to a notice dated April 28, 1980 and duly published May 1 and May 22, 1980 in the Johnstown Breeze a public hearing was held on the request of the TOWN OF JOHNSTOWN FOR A SPECIAL USE PERMIT FOR EXPANSINON OF EXISTING WASTEWATER TREATMENT FACILITY. Mr. Honn read the Planning Commission' s favorable recommendation with conditions and the development standards. John Burgenson from M & I, Inc., consulting engineers, was present on the applicants behalf. Mr. Honn asked the Board to authorize the Chairman to sign the application for site approval for the Colorado Department of Health Water Quality Control Division, if they approve this special use permit. There was no on present in the audiance who wished to comment regarding this request. Following discussion Commissioner Steinmark made a motion to adopt the Planning Commission' s recommendations; authorize the Chairman to sign the appropriateidocuments; and approve the special use permit request for the Town of Johnstown for expansinon of the existing wastewater treatment facility. Commissioner Roe seconded the motion and it carried unanimously. • 1/; X(.1./7/ CHAIRMAN BOARD OF COUNTY 60MMISSIONERS ATTEST: �' ° 1 /Q�c,c;�. • WELD COUNTY CLERK AND RECORDER A CLERK TO THE BOARD • • puty County C rk - ET n 80-35 • TAPE 80-39 LHR 184 e A public hearing was conducted on June 4 , 1980 at 2: 00 P.M. , with the following present: BILL KIRBY CHAIRMAN LEONARD. ROE COMMISSIONER NORMAN CARLSON COMMISSIONER LYDIA DUNBAR COMMISSIONER JUNE STEINMARK COMMISSIONER Also present: ACTING CLERK TO THE BOARD, Keitha White ASSISTANT COUNTY ATTORNEY, Robert Lowenbach PLANNING DEPARTMENT REPRESENTATIVE,Tom Iionn The following business was transacted: I hereby certify that pursuant to a notice dated April 28, 1980 and duly published May 1 and May 22, 1980 in the Johnstown Breeze a public • hearing was conducted on a request by FRONTIER MATERIALS, INC. FOR A SPECIAL USE PERMIT, OPEN PIT MINE-GRAVEL. Mr. Honn read the Planning Commission' s favorable recommendation with conditions and the related operational standards. Mr. Honn presented into evidence an agreement between the applicant and District 6 Water Users and also an agreement between the applicant and Weld County for maintenance of approximately 3 miles of County Road ';20-. Said road is presently a paved road. Verna Sigg from Rocky Mountain Enterprises was present on the applicants behalf. Ms. Sigg elaborated on the road maintenance agreement. There was no one present in opposition to this request. Commissioner Ihinbar made a motion to approve the special use permit with the Planning Commission' s recommendations, adopt the recommended operation standards and approve the road maintenance agreement as presented. Commissioner Carlson seconded the motion and it carried unanimously. • /-tA CHAIRMAN BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY CLERK AND RECORDER AND LERK TO THE BOARD re_uty County _ /r • D•C- ET u80-36 • TAPE t80-39 LHR 2023 A T ''' E N D A N C E RECORD APPLICANT : FRONTIER MATERIA_ TIME : L.:00 P.M. DOCKET/M-36 DATE : JUNE 4, 19 REQUEST : SUP - OPEN PIT MINE -GRAVEL NAME ADDRIES S ge,X 5,1 A/19 r e z/7 / d • _ _ _ s. r 80-36 ; I�fdla , e m Complete items 1,2,and 3. 2 la ,-7 X•SENDER: Add your address in the"RETURN TO"space on I O i reverse. .3:,-,- N W r'` , `� to' 1. The following service is requested(check one.) `. • 1L,�� rI p — 4 F'41 _ t Show to whom and date delivered _C o o� i O Show to whom,date and address of delivery _Cr g Q ro '4 ¢ o W a,E w' ry —t ,� O RESTRICTED DELIVERY Er v� LI- > o o bo b� ooW LL m Show to whom and date delivered _C rrjj d to u w o 0 0�EL 2 WW o00 ❑ RESTRICTED DELIVERY. LL aD nt 0 O LL J o -Ww. ,-, a Show to whom,date,and address of delivery.S- d �® a ❑w w ,- �o ya ,)oa CnQ= a re Ca 0 14 re-1 e tri o w ¢ w ¢ MUMS dd033311=MN '4 (CONSULT POSTMASTER FOR FEES) ® uJ z -F1 i- U S3�O11113S 7111011U11d0 G F 2. ARTICLE ADDRESSED TO: a a sm X703 LI31lStl lSOd gOI1SM®CI o n 1 Arthur, Lucy & Luther Stromquist g Route 2, Box 340 9L6T%IA,`008£UI. A Longmont, CO 80501 m 3. ARTICLE DESCRIPTION: —J I'm REGISTERED NO. CERTIFIED NO. INSURED NO. Q I I - - es - I --- - -I I d m 333845 0 ®— �c O (Always obtain signature of addresses d agent) III D ♦J lf� Ili j� c ^. o .� CO `fl m I have receive the art scnbed above. 1— ua® ti c21 ,., �? wo os m SIG ATURE eases DAuthorized agent U t7" ¢ o c oCa Q� O _ , . 111' 1I ,3 w? C/] ci o G' ¢ 33011L93S IdB33�9 P,1�7fun `t m W 2 ,-<4 ... ,_i y 4 z S330{1I93S 1tlC�OIOgdO m r /� 0—_U- n. . S3311 L90Dd�13gSlfG�gS0d 1101S410 (1) m 6. UNABLE TO DELIVER BECAUSE 2 r` n ° Off' 9L61 -WY'008E',el" t ', t. o.O":1979.288848 O J f s a e �, d a < I d - cd saJ O '� x W 80-36 g• s •SENDER: Complete Items 1,2,and 3. LI- o¢ N e " Add your address in the"RETURN TO"space on �~ ® N T o ...q.69 a reverse. W �� x LLI> > a a5 at "e 1. The foC)dwing service is requested(check one.) U ®w Cr H w w O to =. oo� w [ Show to whom and date delivered —4 > ❑ s, s a "� O �E d w ❑ -' =o •-o w O Showtto whom,date and address of delivery _4 g'� x w ❑ , Do- �ww a ❑ RESTRICTED DELIVERY U i � w J =� oo � a in 0 V I— fd"L rn ❑ yo �a moo yam= a ¢ Show to whom and date delivered a �® E ca, w L m w 3�011113S 1d0333I9 C�UMMI 8 Q Q RESTRICTED DELIVERY. W °[d ¢ ¢ u. a Show to whom,date,and address of delrvery.S— ® 0 zr' S350AZ13S�tlIJ®O.wo a I- co i a a S333 WI3 k73bSifl 11SODd uOSf10J3 o n . (CONSULT POSTMASTER FOR FEES) 9L6T add`008E t 2. ARTICLE ADDRESSED TO: A Herhant & Betty L. Schlagel .I 1262 meld County Road 201/2 _ • " Ft, tilt, e m\ o O a Longmont, CO _80501 W n 3. ARTICLE DESCRIPTION. O N 124 p v REGISTERED NO. CERTIFIED NO. INSURED NO. ?_. O 1 LL �Q C D,O 9 00nt 333842 D > o `< a 7 AliC1lays obtain signature of addressee a agent) a I— N •'-I cc w w Ce ,W "+�+� n>i o U >- ≥ a� o>> 4,n m stave reEdived the article described above. U >m v� O Q > o 0o b boo It m GNATIRIE DAddreasee DAuthorizedagent O la= 0) "2S r-{ _ fl � DLL �o soLLc G r: { _ o EWW �n� C I-:o Fa zww sQ' 11 c Jrt a es 6- 93 w W Cn "�a Nam I- n y DATE OF D (VERY POSTMA Ei U ®$ of ' . a w `n °C 33Df W93S bd03W31I CM 91UIJ a Q o �/ z-- IV 09 ! : O W Ww ¢ o U S3�011�]3S 1 iOIOJLdO ~ can o 5. ADDRESS C Pty only If wqu.aadl C'*�• ,,i. �' 4—+ 1 La_ 2 S333 MA 0.1SVL J<SODd illISMOD3 o a m - , 9L6T adV'008E m 2•t T - E. UNABLE TO DELIVER BECAUSE: - D ' eiaFe e - .„ - - d i �o 7 2 9 N *GPO 1979,288848 a _ 1 ur En -c, ,--I c.....z Q' - _o ❑ �.- �_ V! .�n a D, w o o� w� 3 o �> Dui CC J-I 0 o > o I E. bo b,- boo rz ej rl Lai— co Pa eh, K] N W ❑ I let� �G3 2�w a / J a F LL d'® p LL ¢ U i o� om oo� Li'2-.; t0 O �� O ¢ v"i= vi¢ y o ,"cam tl W �� o�., rr w p v, ¢j NORM.2.20353E PaI109ll311 O O U ©� q N ._ 0 S35011113S Melia a . M LIJ P-'- I•a i co i I- r» 4 cc '-•(1.1ca_ S333 VOA F13JLStl[,JAS01d 1 fS'JO3 o n o4 9L6T AV'008£maod Sd 6 80-36 80-36 - - 6 \J l / i® NI)ER. CompleteTte-n 1...,ane J. n.•Si�2":Ft: C r youe a die 1,3 2, 3. T, Add your addre ,n the"REe URN TO"space on c Add your eddies:11u the"F1 IT 12N TO"space on a�y r. LTS:. i r ti'eISS. y _ r 1. The follows g service's regaeeted(check one.) c 1. Tr—f.rlov7,7,_:rice Is rec,a^sted(t.h^r!:one.) EN Show to whom and date delivered —C Show to c.r,(m and date deh ^,Ted —4 O Show to v.ham,date and address of delsvtry-..—a C; CIS'iow to\yr,,nn,date of d address of .,'_:ery _C O RESTRICTED DELIVERY O RESTRICTED DFLIVhRY `' co1Show to whom and date delivered —G Show to ahem and date delivered — O RESTRICTED DELIVERY. C' RES:RICTf-D DLLP t rtY. Show to whom,date,and addrets of delivery.S_ Show to wr.om,date,and address o';dzltvery.$_ (CONSULT POSTMASTER FOR FEES) (CONSL'I T FOS T M.ASFER ECR PE-I-) 2. ARTICLE ADDRESSED TO: -�- 2 P<<TICLE Ai::.).'tESSE D TO: m E. Max & Doris Ann 'Serafini m Martha A. & Leslie J. Williams Jr. c 1998 Weld County Road 20Z 8876 Rogers Road Longmont, CO Longmont, CO 80501 O 80501 n' 3. ARTICLE DE:.CFIP'TIO . r 3. L.*+SCLE tI�;,C;,7T,':" 0 I-'+ t;:.,,�'rERED.l'3 CZ s Ilk BC•,P 110. 'IVSURED NO `� RL-t31.",TFRED NO. CERTIFt.-D O. {Adt�JRE®NO- c,I ( li :l l__ I333846 333843 -- m *, ( _', aye c , c_mar ,f ada're �cr agent) 0 (Alt r,rays out;cn stt,n3^.r- r.t ad.lresca ar agent) o _ e� I have received the �.sc thed above. I have teemed the art±tile d: ,,,,bed abo�a. a', FT W 1'V-URE C•t4dret,ce Muth And agent • waCb'ATURE CAd cs;ce DAuth�Ilzed p�er+t d 5i1 4 -2--qal 'L:el:A.41r' �`i L- fst— C Ii DATE F OS;1-V-E3' POSTMARK Nom,_• G. ADORES`,(CempISt orsty:'x,equ• •1 O E. C. CREW"(Carr?Ple n or-,y ft ruqueatOtiJ f};0 t 0 49110 �� , ,2 sr p alii+77 /2 CLERK'S' i'.7., a• • -71 1,11A2LE TO r3LLNE:1 HfCAU',E: r> $E 1 F., 0. UNABLE TO DELIVER OLCAt1SE: , INIT S' � A" �' .�- r *GPO:1979413S-848 • �}cPo•1979-2737848 , 80-36 W. •SENDER. Complete Items 1 2.a"i 3 •. Add your ss dre-. the"1.ETUk.N TO"space on c rcverse, 1. The following service i;mon-.r_d(e';ecl,one) j Show to whom and dire c.:-.'1‘.--red.. C ❑ Show to whom,date ar,"l audress of t'._.,v-ry —4 u, ❑ h)STR'CTLI)DFLIV"1tY c Show to whom and d.t• d l:vored.... , ____0! ❑ RESTRICTED DEI Iv"F,ItY. Show to whom,date,and address of-d.!,'ry•$-- (CONSULT POS al r.S'7''FOR I:T ', - 2. A:ITICLE AJORESSGD T:• mJames H. Tull 'J 7490 Club House Road 201 , Boulders C0_ 80301_ __ ___ I -:3 A rn..LL C1..'_:'::.,PT,C:.� rq_r:•TERED NO I Ccr"b.','- %"0 6 r 2'1RED NC �'_ __ L333844 `,= iC'v,ay5 at.' »_,in S• -- r ,_•`add•aS 32 or agent) _�' I have,recer4Fd the article described abava. ;42, SrGNATURE CA:d.re.c DAuthc._iacd agent /1/1 ,..,,, cr. . .. k.." f! —— C ®Ar�OF r lv�wv a • o.. : r .2;1P Ps 8, k�Ci_(ll rr[:.,C(t:V.rt;:ate�(orJy'tv_yt 'aWesad) I r..r,' C, 7 LLRK'S , G. UWGC,_E TO DC"11.1'...:1EE+:AUSE: 1 I K LS r` *GPO:1979-288-818 z 80-36 }\T®o , I -' •, �a L �,' i SENDER: Complete items 1,2,and 3,ss vv m Add your address m the"RETURN TO"space on RECEIPT FOR r r-' 'ED dD MAIL i reverse. 110 INSURANCE COVERAGE PROVIDE®— y 1. The following service is requested(check one.) MT FOR Reverse) MAIL ♦R Show to whom and date delivered —4 (See Reverse) - ❑ Show to whom,date and address of delivery _4 I SENT TO is ❑ RESTRICTED DELIVERY Frontier Materials, In• . m Show to whom and date delivered —Q sTRE€y q Ndeld County Rd 20 , ❑ RESTRICTED DELIVERY. I ! I Show to whom,date,and address of delivery.S_-_ Po,-A"11:14; •COD" $ I (CONSULT POSTMASTER FOR FEES) POSTAGE << I 2. ARTICLE ADDRESSED TO: il CERTIFIED FEE rn In Frontier Materials, Inc. PA SPECIAL DELIVERY 4 g 1738 Weld County Road 201/2 RESTRICTED DELIVERY 4 Cr I Z I OILIIIOnt, CO 80501 4 s .' w ' SHOW TO WHOM AND DATE 3. ARTICLE DESCRIPTION: DELIVERED 9 I m REGISTERED KO. CERT{PIED NO. INSURED NO. 11 Q Uii ul SHOW TO WHOM,DATE,AND 4 I a d l'" ADDRESS OF DELIVERY 333847 6,1 a_ &Y Aiiiiays obtain signature of addressee or agent) m ® r- SHOT!TO WHOM AND DATE d E = DELIVERED WITH RESTRICTED 4 'a1 reigived the article described above. ® DELIVERY I m r� S4GNATURE DAddresaee DAuthcrized agent �I 6' e SHOW TO WHOM,DATE AND ADDRESS OF DELIVERY WITH 4 RESTRICTED DELIVERY l T\, v ✓ TOTAL POSTAGE AND FEES $ S 0 DATE` O�D LIVERV POSTMARK Cn to ,r.,r.. ' � ' t7 .229- et ed t ,,. I. POSTMARK OR DATE 7, d ID 5. ADDRESS(Complete only if requested) I a n m ml i 9 o a 6. UNABLE TO DELIVER BECAUSE: ....,„„42_:% K'S C g r *GPO 1979-288-848 Hello