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Home My WebLink About20071103.tiff mrt TETRA TECH RMC pC June 23, 2005 Ms. Jacqueline Hatch Weld County Department of Planning Services 918 10th Street Greeley, Colorado 80631 RE: LAFARGE RIVERBEND (REVISED) SUBMITTAL Dear Jacqueline: Per your e-mail, we have supplemented the original application with the following additions or corrections. 1. The number of parcels listed on the application and in the narrative is eighteen; both correspond with one another. 2. The deeds for all properties, as well as the Conveyance Certificates are included with the re-submittal. 3. Mineral Reserves, Inc. A. Articles of Incorporation are included. B. Authorization to sign on behalf of corporation is included. 4. Lafarge A. Articles of Incorporation are include B. Authorization to sign on behalf of corporation is included. 5. Rittenhouse A. A copy of the lease agreement is included which gives authorization to Lafarge to proceed with permitting. 6. McWilliams A. The lease agreement between Lafarge and McWilliams is attached and provided within the DMG application. This agreement gives Lafarge the authority to permit this property for gravel mining and reclamation. Please see attached. 7. Chikuma Family, LLC A. The lease agreement between Lafarge and Chikuma Family, LLC is attached and provided within the DMG application. This agreement gives Lafarge the authority to permit this property for gravel mining and reclamation. Please see attached. 1900 S.Sur set Street Suite 1 Longmont CO 80501 Tel 303.772.5282 Fax 303.665.6959 www.ttrmcGorr 2007-1103 Page 2 It TETRA TECH RMC Ms. Jacqueline Hatch June 23, 2005 B. Articles of Incorporation are included; authorization to sign on behalf of the LLC is outlined within these documents. 8. D& S Mining, Inc. A. Articles of Incorporation are included in the resubmittal. I spoke with Mr. Tim Flanagan, attorney for D & S Mining, Inc. He said that the authority to sign is established within the Articles of Incorporation and he has sent an e- mail to you to that effect. 9. Morton Property A. The Morton property has been removed from Exhibit O and the deed has been removed. B. Please refer to the attached response to the DMG, dated March 11, 2005, in which Lafarge removed the Morton property from the DMG application. All maps from the original DMG application have been modified to reflect this change. 10. The City of Thornton A. The City of Thornton has been added to Exhibit O. Per my June 8, 2005 conversation with Emily Hunt, a representative from the City of Thornton, she was sending you directly the original sign off regarding this AMUSR Riverbend application and evidence of signing authority. B. A copy of their deed is included within the DMG permit. 11. Ian Smith is Vice-President of Front Range Aggregate for Lafarge West, Inc. giving authority to sign and represent the company to Eric Reckentine. 12. With respect to the Mineral Rights Affidavits, they will be completed by Bill Crews on approximately July 8, 2005 and will be forwarded to you as soon as possible. With the exception of the forthcoming Mineral rights Affidavits, the application is now complete and ready for referral. I look forward to meeting with you and apologize for the delay. Thank you for your consideration. Sincerely, TETRA TECH RMC, IN e " ifer E. ecchi, AICP P ncipal H:\4137_012_01\Cover Itr to Jacqueline Hatch for supplemental infoJune 13.doc Page l of 1 Jennifer Vecchi From: Timothy J. Flanagan [t_flanagan@fsf-law.com] Sent: Wednesday, June 22, 2005 10:05 AM To: jhatch@co.weld.co.us Cc: eric.recentine@lafarge-na.com; Jennifer Vecchi Subject: Riverbend Project/LaFarge Dear Ms Hatch: Jennifer Vecchi of TeraTech asked that I contact you to confirm that LaFarge has the permission of my client D&S Mining Inc to take actions with respect to about 200 acres (W/2 SW/4 Sec 7 TIN, E/2 SE/4 Sec12 T1N and NE/4 NW/4 Sec12 T1N) that are currently permitted for gravel mining and are being incorporated into a larger permit application for Special Use that property is currently leased by Mobile Pre-Mix Concrete until Aug 15, 2018, which I understand is a subsidiary or affiliate of LaFarge and pursuant to that lease agreement, D&S authorizes such action and has given LaFarge a written statement to that effect on 5/13/05 by Freda Dreiling the President of the company which I thought they would have given to you Ms Dreiling also owns adjacent property in her name which is not included in the Project but which makes her an interested party and she wishes to be kept advised of all hearings or official actions; her address 4025 Weld County Road 23, Fort Lupton, Colo 80621 (303/857-2584) I understand that Jennifer is taking care of your requests for corporate records documentation of D&S; if you require something else, feel free to call or write Tim Timothy J. Flanagan,Esq. Fowler,Schimberg&Flanagan,P.C. 1640 Grant Street,Suite 300 Denver,CO 80203 Phone: (303)298-8603 Fax: (303)298-8748 E-mail: tflanagan@fsf-law.com CONFIDENTIALITY NOTICE This electronic mail transmission and any accompanying documents contain information belonging to the sender which may be confidential and legally privileged.This information is intended only for the use of the individual or entity to whom this electronic mail transmission was sent as indicated above. If you are not the intended recipient,any disclosure,copying,distribution,or action taken in reliance on the contents of the information contained in this transmission is strictly prohibited. If you have received this transmission in error,please contact the sender by reply e-mail and destroy all copies of the original message. Thank you. 6/22/2005 NORTH NO .-. RTH AMERICA AGGREGATES, CONCRETE & ASPHALT March 11, 2005 Mr. Gregg R Squire Division of Minerals and Geology 1313 Sherman St,Room 215 Denver,CO 80203 RE: Lafarge West, Inc., Permit No. M-2000-016 Riverbend Operation; Adequacy Review Response to Requested Amendment Dear Mr. Squire, Listed below are Lafarge's responses to the Division's adequacy review comments on the Riverbend Operation 112c Permit Amendment 01 Application, Permit Number M-2000-016. 1. Exhibit C— Pre-Mining and Mining Plan Maps a) Since this application is an amendment to an existing permit, M-2000-016, the Riverbend Operation, and will incorporate a second active pit, M-1985-088, the Fort Lupton Pit, into the amended area, the Division is requesting that the applicant provide a map showing the boundaries of the two currently permitted sites and their correlation with the areas to be incorporated into the Riverbend permit through the amendment process. The existing boundaries for permit M-1985-088 and M-2000-016 have been added to Exhibit CI Pre-Mine Map. The existing permit areas have been shaded in gray,please see attached Exhibit Cl Pre-Mine Map. b) The legend on Exhibit C3 Mine Plan Map indicates that the purple dashed line with two dots between each dash represents lateral ditches. In the northeast corner of Phase 3 on this map there are purple dashed lines with only one dot between each dash. What does this symbol represent? The feature in the northeast corner of Phase 3 incorrectly identified with only one dot between each dash is a lateral ditch. Exhibit C3 has been corrected; the lateral ditch is represented by the appropriate line type. c) An examination of the Mine Plan Maps show several locations, especially within Phases 4 and 6, where the topsoil/overburden stockpiles are located within 20 or 30 feet of the South Platte River channel and along the outside edge of a river bend. How will these stockpiles be protected from undercutting at the toe of the stockpiles during high flows, and how will the river be protected in the even that the stockpiles may erode or slump in to the channel?. LAFARGE NORTH AMERICA INC. -Aggregates,Concrete 8 Asphalt 10170 Church Ranch Way Suite 200,Westminster,Colorado 80021 Telephone:(303)657-4000 Facsimile:(303)657-4037 fAFARE G AFANORTH AMERICA AGGREGATES, CONCRETE & ASPHALT No stockpiles will be placed near the South Platte River, at the request of the DOW an undisturbed 200-feet offset from the South Platte River will be maintained. Exhibits C2, C3, and C4 have been revised, see enclosed maps. 2. Exhibit D- Mining Plan a) On page 12 of the Application, in the "Mining Plan section-it is stated that there are concrete and asphalt plants on the site; it is assumed that a fueling/lubrication station will also be located at the site. What protection measures will be used to ensure spills of asphalt and/or concrete materials will not contaminate the surface or ground water? Will concrete trucks be washed-out at the site? If so, what measures will be utilized to contain the wash water? In the event of a spill what measures will be taken to capture the spilled fuels/lubricants? The Division recommends that the storage area(s) be located outside the floodplain. If it is necessary to have storage areas within the floodplain, the applicant must also describe protection measures that will be employed to contain the materials in the event of a flood. If storage of petroleum products exceeds the thresholds designated in federal regulations, a Spill Prevention Control and Countermeasures(SPCC) Plan will be developed in accordance with the regulations. Any protective berms required in this plan will be designed as required by federal regulations. At Lafarge concrete plants, concrete wash water is generally contained in a concrete lined settling basin that allows for recycling of the wash water. If storage areas are located in the floodplain, additional protective measures for storage tanks will be utilized as required in the Flood Hazard Development Permit issued by the county. b) If any of the concrete batch plant, asphalt batch plant or fueling lubrication station structures are permanent installations, e.g. on concrete foundations, their location, size, type of construction must be provided in the application so the Division can include a demolition cost in the financial warranty calculation. Please provide this information. The location of all structures are identified on Exhibit C enclosed. The typical . dimensions of a concrete plant are 60 ft by 30 ft or approximately 1800 sq. ft. The typical dimensions of an asphalt plant are 20 ft by 40 ft or approximately 800 sq. ft. In past permit applications Lafarge has used and the division has accepted$50,000 per structure as a proposed reclamation cost. 3. Exhibit G— Water Information and Additional Hydrologic and Geotechnical Information A copy of a separate review of these issues is enclosed. Please see the attached memo from Kathleen Sullivan P.E., of the Division. LAFARGE NORTH AMERICA INC. -Aggregates,Concrete&Asphalt 10170 Church Ranch Way Suite 200.Westminster,Colorado 80021 Telephone:(303)657-4000 Facsimile:(303)657-4037 FARG E NORTH AMERICA AGGREGATES, CONCRETE & ASPHALT A copy of a separate response to these issues is enclosed; please see the attached memo. 4. Exhibit H — Wildlife Information and Exhibit C Mine Plan Maps a) A review of the mine plan maps shows a 200 foot setback from the mining limits to the South Platte River, but also shows disturbance boundaries which are much closer to the river, in some areas possibly as close as 20 to 30 feet, including the location of topsoil/overburden stockpiles. In the comment letter from the Colorado Division of Wildlife (DOW), dated January 21, 2005, it is stated, "In order to protect the riparian area and the diversity of large and small mammals, birds, and herptiles that inhabit the site, a 200'setback from the western shoreline of the river it recommended. It is also recommended to keep as many of the mature cottonwoods as possible, and leave snags where feasible. "Please submit a plan to leave a 200 foot undisturbed riparian corridor between the disturbed area and the riverbank and describe how this area will be protected from any accidental disturbance. Also describe what number(or areas) of mature cottonwoods will he protected and how they will be protected. It has been shown that groundwater dewatering can kill cottonwoods. Will the operator take measures to prevent the killing of cottonwoods through groundwater dewatering? If so,please describe these measures. The maps have been revised to reflect a 200-feet undisturbed riparian corridor between the disturbed area and the riverbank. Lafarge will use T-posts to stake the 200-feet offset to clearly define the limits of disturbance and to ensure protection of the riparian corridor. Lafarge will not directly disturb cottonwoods within the 200-feet corridor and will use water from dewatering operations and perforated pipe to water the cottonwoods while the pit is dewatered. b) A copy of the January 21, 2005 DOW comment letter is enclosed. Please respond to their concerns regarding: i. Bald Eagle winter night roosts Lafarge is coordinating efforts with DOW representatives and wildlife consultants to identify the exact location of potential eagle roosts. Lafarge has met with both DOW and USFWS at the site; mitigation measures are being developed. ii. Perch buffers and leaving a portion of Prairie Dog Colony A intact for a food supply for raptors Lafarge,DOW,USFWS met on site Friday, February 25, at which time the agencies consented to the removal of prairies dogs within the permit boundary, provided the removal occurs prior to April 1. LAFARGE NORTH AMERICA INC. -Aggregates.Concrete&Asphalt 10170 Church Ranch Way Suite 200.Westminster,Colorado 80021 Telephone:(303)657-4000 Facsimile:(303)657-4037 FARCE NORTH AMERICA AGGREGATES, CONCRETE & ASPHALT iii. The need for a Black footed Ferret survey and a March 1- October 31 survey for Burrowing Owls. Bob Leechman, USFWS, stated a survey for black-footed ferrets is not required in this area. A survey for Burrowing Owls is required only if the prairie dog colonies will be disturbed between April 1 —October 31. iv. The question of the need for a survey for the presence of Mountain Plovers. Bob Leachman, USFWS, stated a survey for mountain plover is not required in this area. 5. Proof of Notice "Proof of notice and mailings, such as Certified Mail-Return Receipt Requested, must be submitted to the Division of Minerals and Geology prior to the decision date. " In this case, since the application has received objections, the Division will not make a decision but will make a recommendation to the MLRB, the proof of publication and other notices must be submitted prior to the recommendation, which is scheduled for February 25, 2005. Please find enclosed an affidavit from the Fort Lupton Press verifying proof of publication in the local newspaper. Certified mail receipts serve as proof of notice to land and structure owners located within 200 feet of the proposed permit boundaries. 6. Additional comments a) The Division wishes to point out to the applicant that since this is an amendment to an existing permit, all commitments, requirements and stipulations that were incorporated into the original permit are also applicable to the amended areas. The applicant understands that since this is an amendment to an existing permit, all commitments, requirements and stipulations that were incorporated into the original permit are also applicable to the amended areas. b) On the Mine Plan Maps there is a note (Notes- #1) that "The mine cell location and limits are conceptual, their size and shape may vary due to geologic and/or site conditions." Please change all maps to remove references to "conceptual"plans, the Division cannot accept or approve "conceptual"plans, the Division cannot accept or approve "conceptual"submittals. The Division also requests that the statement "These phases are neither representative of the maximum area of disturbance nor do they limit disturbance to a single phase. "be removed from the application documents since such a statement makes the phasing and associated f-. bonding difficult or impossible to regulate. Changes to the approved permit or LAFARGE NORTH AMERICA INC. -Aggregates,Concrete 8 Asphalt 10170 Church Ranch Way Suite 200.Westminster,Colorado 80021 Telephone:(303)657-4000 Facsimile:(303)657-4037 J4FAUGE NORTH AMERICA AGGREGATES, CONCRETE & ASPHALT amendment must be done by submitting a revision or amendment to the Division and obtaining the Division's approval. Note 41 has been modified to state"The mine cell location and limits are approximate, their size and shape may vary due to geologic and/or site conditions." Lafarge understands it may not disturb areas located outside of the limit of affected area nor may it mine outside of designated mine cells. The comment, "These phases are neither representative of the maximum area of disturbance nor do they limit disturbance to a single phase" has been removed from the permit text. c) The Division has provided the applicant with two objection letters. Please respond to Peterson Energy Management Inc. 's concern regarding setbacks, and the Morton and Stevens'letter concerning legal right of entry. Lafarge met with Peterson Energy Management, Inc. (PEM)on site to review the mine plan and offsets. PEM has been provided a Party Status Withdrawal Form,which they indicated would be signed and submitted to the Division. Lafarge maintains a firm stance regarding its legal right to access the Morton property for mining purposes. However, Morton and Stevens continue to have concerns and an agreement has not been reached at this time. The Morton property has been removed from the permit boundary; the text and maps have been modified accordingly. The concerns of Morton and the Stevens have been eliminated; their objection has been rendered invalid. Lafarge has carefully reviewed the adequacy comments you provided and believes the detailed responses in this letter satisfy the Division's concerns. If you have any questions or need additional information, please do not hesitate to call. Best regards, Suzanne Janzen Land Specialist (303)657-4421 Enclosure(s): Mine Plan Exhibits CI, C2,C3 Memo, Re: Exhibit G Water Information Proof of Notice and Publication(Certified Mail Receipts,Affidavit) LAFARGE NORTH AMERICA INC. -Aggregates,Concrete 8 Asphalt 10170 Church Ranch Way Suite 200,Westminster,Colorado 80021 Telephone:(303)657-4000 Facsimile:(303)657-4037 -Ile of Ile Thornton weld GbuAfy Planoin GREEIEY OFF Demi:m JUN 1 0 ?005 June 8, 2005 RECEIVED Ms. Jaqueline Hatch, Planner II Weld County Planning and Zoning Department 918 Tenth Street Greeley, CO 80631 RE: Lafarge Riverbend Weld County USR Permit Dear Ms. Hatch: The City of Thornton, as one of the surface owners of land subject to the above referenced application to Weld County, but with no ownership interest in the mineral rights, does hereby consent to the June 8, 2005 filing of the application for a Use by Special Review Permit for the Riverbend site by Lafarge North America, Inc. Sincerely, rri;c_t% ud Ellio Deputy City Manager— Infrastructure EPH/hjw cc: Dennis Hanson, Assistant City Attorney Emily Hunt, Water Resources Analyst GPAQ — Fort Lupton MLCR SIVG\W R\EmjPytGraveP Pits\Lafarge USR Permit Letterdoc 06/08/2005 WED 12:14 FAX 3035387427 THORNTON LEGAL 4-4-' INC SECOND FL Z002/008 CITY OF THORNTON ADMINISTRATIVE DIRECTIVE 1-4 Office of the City Manager February 7, 2003 DELEGATION OF AUTHORITY 1.0 Purpose: 1.1 To delegate the administrative authority of the City Manager/Utilities Director to the Department Heads in certain matters, to ensure the smooth and timely flow of information and documentation within and between the City, its employees, applicants for employment, contractors, suppliers, and outside service providers.. The term Department Heads means Assistant City Manager, Communications and Public Affairs Director, Deputy City Managers, Executive Directors and Police and Fire Chiefs. 2.0 Scone: 2.1 This policy applies to all contracts, agreements, permits, easements, rights- of-way acquisitions, change-orders, interim and final payment releases pertaining thereto; procurement of materials, supplies, equipment. construction, and services for all purchases made in accordance with the budget as authorized by City Councl; positions on ditch company boards, water boards, and similar corporate boards or other entities to which an employee of the City of Thornton is appointed or elected, and to all voting of shares and authorization of proxies of City water stock, acquisition of water rights or interests, participation in the Colorado Water Courts for certain water rights protection and transfer actions and certain administrative functions of the City Manager/Utilities Director/Appointing Authority related to the terms and conditions of employment for City personnel. 3.0 Policies: 3.1 The authority of the City Manager to approve purchase orders, check requests, agreements, contracts on projects specifically approved in the budget and other related matters to ensure the smooth and timely flow of documents and information within the City is hereby delegated to the Deputy City Manager for Management Services. The Deputy City Manager for Management Services shall exercise this administrative authority in conformance with the City Charter, the ordinances of the City of Thornton, policies and other applicable City policies, procedures, and this • Administrative Directive. 32 The authority of the City Manager to make budget adjustments between objects of expenditure of an account and between accounts of an individual department is hereby delegated to the Deputy City Manager for Management Services provided that such adjustments do not cause a service delivery reduction and do not exceed the total amount of the original budget. 06/08/2005 WED 12:14 FAX 3035387427 THORNTON LEGAL -i-,4 IMC SECOND FL 0003/008 Administrative Directive 1-4 Page 2 3.3 The authority to make budget adjustments between capital Improvement projects, provided the adjustment is not in excess of $100,000 and there are available funds to transfer such that the adjustment does not result in a reduction in the overall Capital Improvement Plan, is hereby delegated to the Deputy City Manager for Management Services. My adjustment to a capital improvement project in excess of$100,000 must be approved by the City Manager. 3.4 The authority of the City Manager to approve or deny change orders and contract amendments Is delegated to the Deputy City Manager for Management Services provided that such change orders and contract amendments pertain to specifically approved projects in the budget and will not exceed the approved Capital Improvement Plan budget or departmental budget and that such change orders and contract amendments do not exceed $100,000 without the written approval of the City Manager. 3.5 At the end of each quarter, the Deputy City Manager for Management Services shall provide the City Manager with a report detailing the budget adjustments, change orders and contract amendments for that quarter that exceeded $50,000. 3.6 The authority of the City Manager to execute permits, agreements, rights of entry, easements and rights-of-way acquisitions required for the implementation of the approved Capital Improvement Plan is hereby delegated to the Deputy City Manager for Infrastructure:and the Assistant City Manager provided that all permits, agreements, rights of entry and purchases for easements and rights-of-way are made in accordance within the budget as approved by City Council. The City Manager shall be notified of any such execution/approval in this subsection which would change an existing practice or policy prior to such execution/approval. 3.7 The authority of the City Manager to approve applications for permits to serve and consume alcohol on City property is hereby delegated to the Executive Director for Community Services for City facilities and parks and the Deputy City Manager for Infrastructure Lure for street closures. (See Administrative Directive 1-11 Alcohol Permits for City Property). 3.8 The authority of the City Manager to approve Agreements related to the timing of issuance of building permits is hereby delegated to the Deputy City Manager for City Development 06/08/2005 WED 12:15 FAX 3035387427 THORNTON LEGAL 444 IMC SECOND FL h004/008 Administrative Directive 1-4 Page 3 • 3.9 The authority of the City Manager to execute, implement, and administer the ongoing and regular operations of the municipal utilities, including the lease for valuable consideration of City-owned real or personal property; acquisition, transfer and protection of water rights and Interests; making all appointments to ditch company boards, water boards, corporate boards, or other entities, and authority to vote shares, including authorizing proxies, of City water stock. as provided for in Section 2-121 of the City Code and pursuant to C.D. No. 94-238, is hereby partially delegated to the Deputy City Manager for Infrastructure or designee in accordance with the following policies: a) Lease of property: The Deputy City Manager for Infrastructure is authorized to execute leases for City owned real and personal property only after each lease has been reviewed by the Deputy City Manager for Infrastructure to determine it follows City ordinances and policies. Any leases that are not addressed by existing ordinances or policies will first be discussed with the City Manager prior to execution. b) Acquisition of water rights or interests: The Deputy City Manager for Infrastructure is authorized to acquire water rights and interests subject to the approved budget resolution and appropriations ordinance only after review and approval by the City Manager. c) Water Court settlements:The Deputy City Manager for Infrastructure is authorized to negotiate and approve settlement agreements of opposition cases which the Deputy City Manager for Infrastructure has determined are in the City's best interest to settle based upon, but not limited to, such considerations as protection of the City's water rights, the cost to settle versus further litigation, and establishment of precedents as long as: 1) less than $50,000 has been spent in opposition; and 2) such delegation does not include cases where the applicant Is another municipality without first receiving approval from the City Manager. The Deputy will file a monthly report to the City Manager that will contain a brief description of all water court settlements approved by the Deputy. d) Water Court statements of opposition: The Deputy City Manager for Infrastructure is authorized to file statements of opposition and intervene In the applications of others in water court cases which have the potential to detrimentally affect the water resources of the City of Thornton subject to the following conditions: 1) The costs necessary to file statements of opposition and incur legal, engineering and other associated costs are less than $50,000 and included in a budget adopted by City Council; and 06/08/2005 WED 12:15 FAX 3035387427 THORNTON LEGAL 4.4 INC SECOND FL Z005/008 Administrative Directive 1-4 Page 4 2) No statements of opposition will be filed where the applicant is another municipality without first receiving approval from the City Manager, and 3) The Deputy City Manager for Infrastructure will provide the City Manager with a monthly report that contains a brief description of all statements of opposition. e) Water Court transfer and/or change of use applications: The Deputy City Manager for Infrastructure, only after discussion with and approval by the City Manager, is authorized to file Water Court applications by the City of Thornton to transfer and/or change the use of water rights the City of Thornton owns and applications for findings of reasonable diligence and/or to make absolute a conditional water right with the consent of City Council. f) The City Manager reserves the authority to select or appoint City representatives who will stand for election, and serve on the Board of Directors/Trustees (the Board) as required if elected, for those ditch companies or other entities identified in Category A of attached Exhibit 1 and any other entities not specifically named In this Administrative Directive. The City Manager also reserves the authority to remove any such representatives, with or without cause, serving on a Board of an entity identified in Category A or B of attached Exhibit 1. 1) The Deputy City Manager for Infrastructure Is authorized to select City employees who will stand for election, and serve on the Board as required if elected,for those ditch companies or other entities identified in Category B of attached Exhibit 1. The Deputy City Manager for Infrastructure is also authorized • to remove any such City employee, with or without cause, serving on a Board of an entity ideudilied in Category B of attached Exhibit 1. 2) The Deputy City Manager for Infrastructure is authorized to vote shares, including authorizing proxies, of City water stock for all ditch companies listed in attached Exhibit 1. Any City employee is authorized to vote shares of water stock If a proxy has been properly authorized In their name by the City Manager/ulilities Director or Deputy City Manager for Infrastructure. 06/08/2005 WED 12:15 FAX 3035387427 THORNTON LEGAL ++-. IMC SECOND FL Z006/008 Administrative Dfrective 1-4 Page 5 3) Each year, by December 31, the Deputy City Manager for Infrastructure will compile and provide to the City Manager a listing of all City employees who will serve on any ditch company board, water board, corporate board or other entity pertaining to Section 2-121(aX4)of the City Code or listed on Exhibit 1 for the upcoming year. This listing will also be provided to the City Clerk for reference. 3.10 The authority of the City Manager related to the employment of City employees shall be delegated as follows: a) In instances whereby disciplinary procedures have been or will be instituted, Department Heads may suspend an employee with pay, pursuant to Section 54-186 or 54-150 of the Personnel Code. The City Manager, Deputy City Manager for Management Services, and Human Resources Director shall be notified, in writing, of the basis for such suspension within one business day of the action. b) Department Heads may approve the following Items or delegate their authority to Sector and Division Heads only pursuant to a written departmental policy or procedure. 1) Recommendations to hire temporary (with or without a contract)employes 2) Legal Request Forms 3) Oral Board Forms 4) Status Forms (not involving demotion or pay changes) 5) Position Requisitions 6) Outside Employment Request Forms 7) IT Authorizations (Internet access,software, etc.) 8) Tuition Approval/Reimbursement Forms 9) Bereavement Leave Request Forms c) The delegation of administrative authority to the Deputy City Manager for Management Services includes, by way of example: Personnel/Payrol Action Request forms, position requisitions, recommendations to hire, promote and reclassify employees up to but not including the Sector Director or Division Manager level, employment contracts, reclassifications, and discharge of temporary ' and probationary employees; but does not intrude Involuntary terminations, involuntary transfers, and involuntary demotions of Regular non-probationary employees, and leave of absence requests. 06/08/2005 WED 12:16 FAX 3035387427 THORNTON LEGAL -1-4+ IMC SECOND FL 1007/008 Administrative Directive 1-4 Page 6 The Deputy City Manager for Management Services shall have the authority to approve requests from Department Heads for changes to work schedules and forward his/her determination to the City Manager provided that any unusual change to a work schedule that would set a substantive precedent or would have adverse budgetary impact must be approved by the City Manager. 3.11 The authority to approve and/or settle all work-related injury/illness claims and property/casuattyAiability claims shall be delegated as follows: • a) The Deputy City Manager for Management Services shall approve work-related, injury/illness claims and property/casualty/liability claims or any related settlement up to $100,000. The City Manager will approve all claims over$100,000. b) The Deputy City Manager for Management Services shall notify the City Manager of any work-related injury/illness claim and property/casualty/liability claim, the settlement and/or approval of which would change an existing practice or policy prior to such settlement and/or approval regardless of the claim amount 4.0 Distnbution: 4.1 rtment, Secto Division Heads. '2/, 3 Jack E ge, City Manager • Date Attachments: Exhibit 1 06/08/2005 WED 12:16 FAX 3035387427 THORNTON LEGAL ♦4. IMC SECOND FL 0008/008 Administrative Directive 14 • Page 7 EXHIBIT 1 Category A Colorado Wastewater Utility Council Colorado Water Congress—State Affairs Committee Colorado Water Utility Council Fanners Reservoir and Irrigation Company North Front Range Water Quality Planning Association • Standley Lake Operating Committee Standley Lake Pipeline Committee Woman Creek Reservoir Authority Water Supply and Storage Company Category B Mead Lateral Company Bess Lateral and Irrigation Company New Union Community Ditch Company North Poudre Irrigation Company Burlington Ditch, Reservoir and Land Oliver Ditch company Company Pierce Lateral Company Burlington Extension Ditch Company Rankin Reservoir Company Castle Mountain Recreation Company Rodcy Mountain Ditch Company Church Ditch Company Seven Lakes Reservoir Company Colorado Agricultural Ditch Company Signal Ditch Company Colin Lateral Ditch Company Storm Ditch Company , Cross Cut Ditch Company Tunnel Water Company ` Darnell Lateral Ditch Company Venezia Reservoir Company Dry Creek Valley Ditch Company Wellington Reservoir Company Eastlake Water Company Fanners High Line Canal and Reservoir • Company Farmers High Lithe Lateral Company Fisher Ditch Company German Ditch Company Good lateral Ditch Company - Greeley and Loveland Irrigation Company Hayden Ditch Company Jadwon Ditch Company Kershaw Ditch Company Lakeside Lateral Ditch Company Larimer and Weld Irrigation Company LO-AN-BE Reservoir Company Lone Tree Lateral Company Loveland and Greeley Reservoir Company Lower Clear Creek Ditch Company Mandalay Irrigation Company To Whom It May Concern: D&S Mining, Inc., a Colorado corporation, whose address is 4025 Weld County Road 23, Fort Lupton, Colorado 80621 has leased two parcels in Weld County for gravel mining as follows: Parcel 1 (the "pasture) 168 acres: The West Half of the Southwest Quarter of Section 7, Township 1 North, Range 66 West of the 6th P.M. and the East Half of the Southeast Quarter of Section 12, Township 1 North, Range 66 West of the 6`h P.M. Parcel 2 (the "pit") 40 acres: The Northeast Quarter of the Northwest Quarter of Section 12, Township 1 North, Range 66 West of the 6th P.M. The City of Thornton holds record title to Parcel 1 and D&S Mining holds record title to Parcel 2. D&S Mining hereby authorizes Eric Reckentine of LaFarge to represent D&S Mining's interest with respect to these 208 acres relative to an "Amended Use by Special Review" currently pending before the Board of County Commissioners for Weld County for LaFarge's Riverbend site. D&S Mining, Inc. attment BY L phnnlnt. peP Freda Dreiling, President Weld CiitE`E3 OFFICE OM 19 2005 6//3/46- (date) FROM : FAX NO. :3036932540 May. 20 2005 02:57RM P2 We, Donald L. Rittenhouse and Suzanne Rittenhouse do hereby authorize Eric Reckentine to represent us through this Amended Use by Special Review,as currently submitted, for the Riverbend site. efie ,47 Y17- 77' Donald L. Rittenhouse, Owner Date Date Suzann 'ttenhouse, Owner Date Page 1 of 1 Jacqueline Hatch From: Don and Sue Rittenhouse [northpatit@velocitus.net] t: Tuesday, May 03, 2005 12:35 PM To: Jacqueline Hatch Subject: jhatch@co.weld.co.us re: Property Owners'Agreement of 2 May 2005 Lafarge amendment to Special Review Development Standards Dear Jacqueline, After our conversation on May 2,2005 I contacted Eric Reckentine of Lafarge. I expressed our concerns relative to the impact on us of their amendment to the existing permit and Special Review Development Standards. He understands that our concerns warrant an in-depth review of their application and has agreed that we should take the time necessary to perform a detailed review of the applicable documentation. Consequently we are rescinding our approval of the amendment that was submitted to you until we have mitigated our concems. I apologize for any inconvenience this action may cause you at Weld County Planning Department. Please let me know what I can do to minimize any inconvenience to you. Sincerely, Donald L and Suzanne Rittenhouse 05/03/2005 MAR-30-1999 04:178 FROM: TO:19704073900 P:2'2 Gspsrty uwnera Agreement The undersigned porperty owners do hereby agree to the Mining Use by Special Review Development Standards as described hereon this second day of May A. D. 2005. Glea, Donald L.Rittenhouse 5 • • e Rittenhouse 05/02/2005 MON 10:57 FAX 303 286 9958 New Design Construction Q001/001 Property Owners Approval The undersigned property owners)do hereby agree to the Mining Use by Special Review Development Standards as described hereon this 2'=n day of m+b‘ , A.D. 20O S Signature(Type Name) Signature(Type Name) n erM1 ARTICLES OF ORGANIZATION 20O12203'35 C OF $ 100.00 SECRETARY OF STATE CHIKUMA FAMILY, L.L.C. 11-13-2000 13:45:40 The undersigned,a natural person of the age of eighteen years or more,acting as organizer of this limited liability company under the Colorado Limited Liability Company Act, as amended, adopts the following Articles of Organization for this limited liability company: ARTICLE I The name of the limited liability company is Chikuma Family, L.L.C. (the "Company") and its principal place of business is located at 3550 Weld County Road 23, Fort Lupton, Colorado 80621. ARTICLE II The Company's initial registered agent and the address of the initial registered office in Colorado is as follows: BRIAN E. ONORATO 1120 Lincoln Street, #1100 Denver, Colorado 80203 ARTICLE III The Company shall initially have one(I)member and manager. The name and business address of the initial member is: Mary K. Chikuma 3550 Weld County Road 23 Fort Lupton,Colorado 80621 IN WITNESS WHEREOF,the undersigned has caused these Articles Of Organization to be executed this day of November,2000. ORGANIZER: C\ ARTHUR T. DiMEO 1120 Lincoln Street,#1100 Denver,Colorado 80203 r-. To Whom It May Concern: D&S Mining, Inc., a Colorado corporation, whose address is 4025 Weld County Road 23, Fort Lupton, Colorado 80621 has leased two parcels in Weld County for gravel mining as follows: Parcel 1 (the "pasture) 168 acres: The West Half of the Southwest Quarter of Section 7, Township I North, Range 66 West of the 6`h P.M. and the East Half of the Southeast Quarter of Section 12, Township 1 North, Range 66 West of the 6th P.M. Parcel 2 (the "pit") 40 acres: The Northeast Quarter of the Northwest Quarter of Section 12, Township 1 North, Range 66 West of the 6th P.M. The City of Thornton holds record title to Parcel I and D&S Mining holds record title to Parcel 2. D&S Mining hereby authorizes Eric Reckentine of LaFarge to represent D&S Mining's interest with respect to these 208 acres relative to an"Amended Use by Special Review" currently pending before the Board of County Commissioners for Weld County for LaFarge's Riverbend site. D&S Mining, Inc. By Freda Dreiling, President S//314S (date) Property Owners Approval The undersigned property owner(s) do hereby agree to the Mining Use by Special rr, Review Development Standards as described hereon this 2 y day of 1z-5 , A.D. nos-. At'I V ` p Signature (Type Name) Signature (Type Name) I /we 1 ikN 1..J. en-4 do hereby authorize Eric Reckentine to represent me/us through this Amended Use by Special Review or the Ri erbend site. 11( O05 Owner Date Oevortment Weld CouGREEt.EY OFFICE MAY 1 2005 RECEPI Colorado Secretary of State - Information On File Page 1 of 1 Secretary Gf Stela a , ; BUSINESS CENTER ` y $lettiont Canter;{ Business Center Information Center I Licensing Center 1 Secretary of State H. For this Record... Information On File Cert of Good Standing File Document Email Notification History&Documents ID Number: 19871495408 Name: MINERAL RESERVES, INC. Business Home Business Information Registered Agent: PRENTICE-HALL CORP SYSTEM Business Search Registered Agent Street Address: 1560 BROADWAY, DENVER, CO 80202,Un FADS Registered Agent Mailing Address: Glossary Principal Office Street Address: 12950 WORLDGATE DR, STE 500, HERND( 20170,United States Principal Office Mailing Address: Status: Good Standing Form: Corporation Jurisdiction: Colorado Formation Date: 10/25/1982 Term of Duration: Perpetual Annual Report Month: October You may: • View History and Documents • Obtain Certificate of Good Standing • File a Document • Set Up Email Notification Previous Page Business Center:303 894 2200•Fax:303 869 4864•Forms fax back:303 860 6975•e-mail:sos.business@a sos.state.co.us Search I Contact us I Privacy statement I Terms of use http://www.sos.state.co.us/bizBusinessEntityDetail.do;jsessionid=0000FTWk5 H3ChT7yts... 6/17/2005 rc ::n ARTICLES at INCORPORATION rrrC.fl:i); hr 1 .-,11 Of 495408 25 MINERAL RESERVES, INC. 1, the undersigned natural person of the age of eighteen (18) years or more, acting as incorporator of a corporation under the Colorado Corpora- tion Art, adopt the following Articles of Incorporation for such corpor- ation: ARTICLE I The name of the corporation is: MINERAL RESERVES, INC. ARTICLE It The period of duration is perpetual. ARTICLE III The purpose or purposes for which the corporation is organized are as follows: I. To manufacture, buy, sell and transport cement and cement related products. I. To mine, buy, sell and transport limestone and other minerals. 1. To transact and engage in all lawful business for which corporations smy be incorporated pursuant to the Colorado Corporation Code. ARTICLE IV The aggregate number of shires which the corporation shall have authority to issue is One Hundred Thousand (100.000) shares of ■ single a class of no par value stock with voting privileges. ARTICLE V v a Cuamlative voting of shares of stock is not authorized. a N U co W14 sage 1 of 1 ��j(�y ER l;"DATE COMPLETE ARTICLE VI .---She address of the initial registered oilier of the corporation is as follows: 711 17TH STREET SUITE 2150 DENVER, CO 80202 TPe name of the initiel registered agent at each address is: RICHARD T. ECIULS. ARTICLE VII The address of the place of business is es follows: Suite 2080 2828 Forest Lane Dallas, Teas 752)4 ARTICLE VIII The number of Directors of the Corporation shall be no less thew three; provided that in the event that there are fewer than three (3) shareholders, the mumbo of Directors shall F-. the same as the number of shareholders. Conaistant with this requirement, there char_ be one (1) Director constituting the Initial Board Of Directors. The name end address of such Director, who is to serve as Director until the first annual meeting of shareholders or until his successors are eletted and shall qualify is as follows: EDWARD R. CWtNN SUITE 2080 282$ FOREST LANE DALLAS, TEXAS 75234 ARTICLE IX The name and address of the incorporator is as follows: EDWARD R. CWYNN SUITE 2080 2828 FOREST LANE DALLAS, TEXAS 75234 Pace 2 of 3 WITNESS WHEREOF, I have hereunto said ny hand this 20th day of October, 1982: Q. r.WYN._� R , for EDW R. GWYNN, Incorporator STATE OF TEXAS COUNTY OF DALLAS The foregoing instrument was acknowledged before me this 20th day of October, 1982 by EDWARD R. Cil*i. IN WITNESS WHEREOF I have hereunto set my hand and seat. Notary Public in and for t NY Coo�siuion Expires: State of Texas /�/ //N (D130IFI4) Page 3 of 3 (u . : . il RECEIVED LI MAIL ID: V2I JAN -6 PM IF 20 Colorado Secretary of stale Capnllaa Mee ill EWHATdinfatr• C TETARY OF STATE ismeermdr CO Suite 1 Feline kpnp� V �I Tei•docnne+w ++21 W YVYV 110118661161 II,. STATEMENT OF CHANGE OF REGISTERED OFFICE II OR REGISTERED AGENT. I OR BOTH D Qoy954og Nonprofit Corporation Act and die Colorado• provisions of the Colorado Corporation wsleni Code.thepo Colorado nice dB iced wider the laws ,I Uniform to the dataAct of 191).the undersigned corporation or tanned Partnership orPa office s Uniform Limited partnersbipfa the purpose dchangnt its registered�" d tale Sate of Colorado submits the blloa'tng summons Int.or bah.in the State d Colorado: its registered h e' son a Limited Parncrship tyre i' Pon The tuner d the Mineral tTERED s Inc. ISM Vest 11th Avenue i Second:The address d its REGISTERED OFFICE n Denier Colorado 80204 llonald E. Ts1e �---- Thud:The name d its REGISTERED AGENT is _ ----- uterd office and oft address dote bdsinessdfi.s of its registered agent.as clanged. Fouts:The address d its rt8 will be dentKd_ dbusiness in Cabrarb is 1590 West 1?Ch Arende�� Fifth:The address d in pile Denver. 12t hoc 11010 MINERAL RESERVES. INC_ •--- _(Note 1) IMPORTANT'PLEASE READ CAREFULLY'X - (Not 2) acr By Dean • aware pm on,vo.e_be noised n its • v�president ter •aal•u.p.re.alprs... _ '.^.r l a-- d�gea Its-1— =�—=. INdrN STATE OF-- COUNTY OF-- .19 Subscribed and swan to before me this--day of My commission expires — _ w I — I II baler p•�p"p u.~�.the llama e.ire-r�•.r.s.. ......+s.ir,neam..w..�._.. r•...t Ev.tr1..dcAss s.s,p...�rr�asma••w s dS.....r �—\ I\\Liu p.limit.yerengir.rM.waMr•alr. be. wad Woe! TR .tr....++ssrT,a *os.+w,...+.n.es.+n.b.'a"m"a_ ..n Men Inwood,.ea•alP.rb b••p'nA— a ap..alIwan pdr—le mob a—.m seal....wr P...rrs.�lobe minima. u �/ _ �yyalaciment tn•atgnt r ...IYa rya,rnM+t+.rn..n.....sJ....Lm.RM .nbm� D WW OIg1 clop Ill � ••Y COLORADOTATF CO►ORSf1ONS OFFICE 1560 Broadway.Suite 200 Denver,( ulooado 801111 - 1 f1111 R86-2J&1 - STATEMENT OF CNA Nt•E('F ItEGIS(ERF,O OFFICE "uau7rn/{' ' OR RF:G1S11-.RLOAG F.NT OR 11(1111. 'I b.,a.-us_o1 be Inanities. J A(? Y9> t/oa 11: Pursuant to 11w provisions of the Colorado Crrrya.m.n Code.the Colorado Nonprofit Corporation Act and the Colorado Undorm Limited Pannershop Act of 19141.the undcnugne,corporation or limned partnership organized under the laws of (tslnrvwts submits the following statement for the purpose of changing its registered office or its registered agent.or both.in the state of Colorado: First: The name of the corporation or limited partnership is: 3700 exudvq. Second:the address of its REGISTERED OFFICE is_------ Denver. Colorado 80290 THE CORPORATION COMPANY Third:Thenameof its REGISTERED AGENT is. Fourth:The address of its registered office and the address of the business office of its registered agent.as changed,will be Identical Fifth:The address of its place of business in Colorado is 1590 Wi_121.11AWA ➢cover rain 80704 NTNLRAle—Wr RYES. DC, (Note 11 By _/- (Note 21 teaoarMm MINN aw eAtuauuw ke ' -�G rao4ut n as a a.•t•*.—w.a�•4e w• M aatawha/Mara iWaa•.it ..atS �1M •••••••••w awe•••••flee•••mea.'w' ht re ialend qea tNare 3) rata. he sews Mona STATE OF COUNTY OF Subscribed and swan to before me this day of My commission expires Nanny Whir Mote•I is Aetna Na.. 1 era want tratatat et and ata•ar. •'••••a r man 1 a•ata al root it t11kw trey he M.t•avasr Ono la p a.aa at s1r w•r'aa ae r aeta.mama a.N+ aril.Ala to a.a•tttd eta[Ye eland'Seed*as Y a pima eau l 1 Mt-td-r—ci',- a plat Main war N worked 3,a natal Ma•Y.a aeon sly•nova•ato aaar A M..1 as wawa r bite liana lea s.F-a.w by►r naatttd*Pa • Satan 4 wr•tt at11't as a may atria*w sale ad.al etaa.in ea.woad aetaia.w I( MP R uPO1fTE COMPLETE • BJH Colorado Secretary of State - Information On File Page 1 of I r _ ]o Sec='a r;C Stile „ ``4 `err• `a • BUSINESS CENTER Elections Center Business Center Information Center Licensing �Cenfer " Secretary of State H For this Record... Information On File Cert of Good Standing File Document Email Notification History&Documents ID Number: 19871698812 Name: LAFARGE WEST, INC. Business Home Business Information Registered Agent: PRENTICE-HALL CORP SYSTEM INC Business Search Registered Agent Street Address: 1560 BROADWAY, DENVER, CO 80202,Un FAQs Registered Agent Mailing Address: Glossary Principal Office Street Address: 12950 WORLDGATE DR STE 500, HERND0 20170, United States Principal Office Mailing Address: Status: Good Standing Form: Foreign Corporation Jurisdiction: Delaware Formation Date: 11/25/1986 Term of Duration: Perpetual Annual Report Month: November You may: • View History and Documents • Obtain Certificate of Good Standing • File a Document • Set Up Email Notification Previous Page Business Center:303 894 2200•Fax:303 869 4864•Forms fax back:303 860 6975•e-mail:sos.business@sos.state.co us Search I Contact us I Privacy statement I Terms of use http://www.sosstate.co.us/biz/BusinessEntityDetail.do jsessionid=0000FTWk5H3ChT7yts... 6/17/2005 • L. V. +hpi r . •&I Form la ��-Qt e1,OFiai ��t . MAIL TO: SalaaPOW he"la dedlla C�!� Colorado socrota y of State 6 9 8 8 1 No 25 Corporations Office tf ...-.LEO • TKdw��e.meal!dXstrs 16e0 Broadway,Sulte 200 'tit 3 Dens,Co 80202_�+ N0�125N 5 an, ..., 6Cv4 rAwI� 8 F86 Wta1BC.:d orget (✓ S1AfpF00i0A p�f APPLICATION FOR /lit ,Allill CERTIFICATE OF AUTHORITY . ►amrad lo die petitions Sae Cdwado Capwatioa Code sheatdaYNrdowp.adw hereby applies Ise•Cardlkse { of Authority to-.at beeYea is your Mae,and for die purpose submits Ile fosoMM,eMYnrt PAST: Tin ame et de owp raios M WESTERN-MOBILE, INC. If SECOND. The mane Mach d dove to are M Colorado is ..� WFSTF,RN—MORTLE Inc_ Ms I) THIRD: his M Mw.poraed miler do Ins d Delaware FOURTH: The dove d Na incorporate=n Aupus t 1 R. 1986 FIFTH: The address of b principal 4Qnt M the Bate or way order do lets of Mitt M is Mowpwwed is 1200 Orange ctreot Atli 1a1ngt no., aware 19801 . 1RMclpd plea of betMe.e in Colorado M Nine de TOO DO not eesum A rtAca OF wmaa INC AC).suan WWI Broadwa SIXTH: The d&ea et Y.proposed regained Spice le Colorado Y 1700 T• Denver, Colorado 80290 sad the wort or IN papa nrkrad apse M TIC CORPORATION COMPANY Colorado at dot address is • SEVENTH: Tae ernes sad respective addresses of its dinners and cams are: • NAME OFFICE ADDRESS 1400 W. 64 Avenue A.L. Walters President mentor rnlnradn 80221 L.D. Ahnstedt Vice-President 1400 W. 64 Avenue Secretary 6 Treasurer Denver. Colorado 80221 1400 Koppers Building D.H. Cuozso Vice-President Pittsburgh_ PA 15219 1590 N. 12th Street B.C. Boothbv Exec. V. President Denver rnlnrado 80204 1590 le. 12th Street L.M. Boothly_II Vice President Denny. ream-ado 80204 1400 Ilpppers Building 2 P. Reamer assistant_Sacretar/ Pittaitmreit. PA 15219 See attachment for directors A a, Mesa Elfor new of Me a•pa.elee dies weveWe the wri^wrpormlso.••e.mpnt,••Meop!el lienatter et ea `i eNw.iww den seek wards,assn to new err*seeperadea elmtadMsd eseat.erledeaofMvewd eearrow den which It eked le Si tone Fee en la its Nast Edo..pwmka"eacts^Mn e a re ads*so W ease not is de he s odd,.Ia serporeloa mart ale a Cenmead et Anuses oe Tat Ne s tam died ratan as.Mhbeel e . IlNas Fee d110.00 C' M 0 .c e. sr ATE COMPLETE o . (miss. - 170 - 1/11/961 COMPUTER 11�T • • • • EIGHTH: TNt Arlo• MUST SE ACCOMPANIED BY A CERTIFICATE OF OOOO STANDING ISSUED BY THE JURISDICTION OP ITS INCORPORATION AND DATED WITHIN NINETY(00)DAYS OP THE FILING OP THE APPLICATION. _I• YPQ7'PRAN._NJ[V r tty Tille`(�'�/�� (Nee 2) RI ll zro JCS it Piabkf lJOI10)_4 H. QOSy^Z�0/n IY//V/y�(s� d-P'1^ - (Nar 3) John P. '^Aa"�r� he SawttlrM Semen W he Asemehod Ass 41 • • Natr 1 tart eerpatl.aeaw el eats nda alas Wt salltarlta ).Swan ad an ad aka drat!w Y etr,_.d_ re Ier a aw►wad a MYMI tab ehrq Ot rawlnS Mat (COLD. - 170) DIRECTORS Maas Address C.R. Pullin 1500 Rappers Building Pittsburgh, PA 15219 5.0. Bartley, Jr. 1300 Koppers Building Pittsburgh, PA 15219 T.N. St. Clair 601 Koppers Building Pittsburgh. PA 15219 Colin Corneas Redland House Reigate Surrey RH 2 OSJ England • Robert S. Napier Redland House Reigate Surrey RH 2 OSJ England David Taylor Redland House Reigate Surrey RH 2 083 England r �.. - _ • -d .. PAGE 1 Ion of ietllabee ,-f - J (Office of 'meaty of State I. MICHAEL HARKINS, SECRETARY E OF THE STATE OF DELAWARE DO HEREBY CERTIFY WESTERN-MOBILE. INC. IS DULY INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE AND IS IN GOOD STANDING AND HAS A LEGAL CORPORATE EXISTENCE SO FAR AS THE RECORDS OF THIS OFFICE SHOW. AS OF THE DATE SHOWN BELOW. fA^ I w1�lad din.X.11013153 E' ....•--. ri A CATION: ,a 3 3 .11/20/1906 .y+ 73632028 DATE: {'�(�/�� p�f'��Q 7;.r.laufRlsbk billy • V MAIL TO: ,4SS5'{ COLORADO SECRETARY OF STATE CORPORATIONS OFFICE 1560 Broadway,Suite 200 Denver,Colorado 80202 (303)866-2361 STATEMENT OF CHANGE OF REGISTERED OFFICE _OR REGISTERED AGENT,OR BOTH. WOW ONE Men ISM Tart Sass sue be"ywrder& Pennant to the provisions of the Colorado Corporation Code,the Colorado Nonprofit Coquettes Act end the Colorado Ualfonn Limited Putnutldp Act of I98I,the ondenlpted corporation or banked prom*mr*erpNaed ander the laws d DELAWARE aubalta the folloreing eetwnrnt rats purpose of ch•1brg its registered office a its...J—. d spat,or both,le the' Sate dCalordo: First: The are olds corporation a IYe red pruwrthp I: YES TERN-NOR ICE• /NC. Second:The addle of its REGISTERED OFFICES 1100 Sroadwq,Dense,Cando 10203 Third: The sake REGISTERED AGENT is THE CORPORATION COMPANY Pew.: The address of Na migio •d office end the addle of the bombes oMc•d 1N teg}ssed riser,a ±_ ,MI be MeatSd. PYth: A copy of ddm nasal ha been forwarded to doe impotence by the. glete d ptts. TIM Cogwaffa_Oresay Icon• by �� ((, ff...,rednr, tJ COMPUTER Upturn.COMIC FTe`a fl on Mail to: Secretary of State For office use ony 045 Corporations Section ! n , 1560 Broadway,Suite 200 vx-rogLA s x;;:y Denver, CO 80202 °u SECT C.`.:y ro:scan= (303)894-2251 MUST BE TYPED Fax (303)894-2242 9981131659 M FILING FEE: 510.00 f0.00 MUST SUBMIT TWO COPIES CPETAPY OF STATE i-20-1998 10:59:54 Please include a typed self-addressed envelope f_ rZ- 1 t 67 9W )1. CERTIFICATE OF , � ASSUMED OR TRADE NAME Western Mobile, Inc. Pilaf , a corporation, limited partnership or limited liability cdmpany under the laws of Delaware , berry desirous of transacting a portion of its business under an assumed or trade name as permitted j97-71- 101, Colorado Revised Statutes, hereby certifies: 1. The location of its principal office is: 1590 West 12th Avenue, Denver, Co 80204 (Include c(t, state, zip) 2. The name,other than its own,under which the business is carried on is: "Lafarge" 3. A brief description of the kind of business transacted under such assumed or trade name is: Business includes, but is not limited to, aggregate operations, ready—mixed concrete plants and paving and asphalt plants. Limited Partnership or Limited Liabil Corporations complete this section Companies complete this sec Western Mobile, Inc. Name of tity Name of Co ration by by c-r.*"`) Signature David C. Jones S. t Its Vice President 6 Secretary Title Title, General Partner, or Manager COMPUTER UPDATF COMPLETE O� BJS 1j Revised 7/95 Colorado Secretary of State - Information On File Page 1 of 1 04 ct �6 \ Colorado Secre,ary of State �, :1- a*' ' j BUSINESS CENTER 4 ' JAIL 3 •t.:i,z:-:.41§, 'r3 Business Center s IrtfQtfwNoe Cellar Licensing Center i Secretary of State H• For this Record... Information On File Cert of Good Standing File Document Email Notification History&Documents ID Number: 20021031762 Name: LAFARGE NORTH AMERICA INC. Business Home Business Information Registered Agent: PRENTICE-HALL CORP SYSTEM INC Business Search Registered Agent Street Address: 1560 BROADWAY, DENVER, CO 80202,Un FADS Registered Agent Mailing Address: - _ Glossary Principal Office Street Address: 12950 WORLDGATE DR, HERNDON,VA 2 United States Principal Office Mailing Address: Status: Good Standing Form: Foreign Corporation Jurisdiction: Maryland Formation Date: 02/11/2002 Term of Duration: Perpetual Annual Report Month: February You may: • View History and Documents • Obtain Certificate of Good Standing • File a Document • Set Up Email Notification Previous Page Business Center:303 894 2200•Fax:303 869 4864•Forms fax back:303 860 6975•e-mail:sos.business@sos state:co us A Search Contact us Privacy statement I Terms of use http://www.sos.state.co.us/bizBusinessEntityDetai Ldo;jsessionid=0000Zhgtb9GOT9z_yv2j... 6/9/2005 APPLICATION FOR AUTHORITY TO TRANSACT BUSINESS Form 7.115.103.1 revised imam Riling fee:$75.00 This document must le typed or machine printed. If more apace is required,continue on attached SW x 1 t"sheet(s). Fun .Nei. Calvet 2 eopiei to: Colorado Secretary)(State,Business Division, DDNErrA DAVWSCJA 1560 Broadway,Suite 200,Deaver,CO R0202-5169 eotosAoosscasrAaroPsrAte Please include t typed or machine printed,eclt-addreeud,envelope. 20021031762 P1 For filing requirements,sec 11 7.90.301 and 7-115-103,Colorado Revised Statutes $ 75,CO Por more information,sec the Citizen's Oulde to the Business Division on our SECRETARY OF STATE Web site,www.sos.state.co.as Questions?Contact the Business Division: 02-11-2002 tX4tap 77 ?�t voice 303 894 2251,jar 303 894 2242 ore-mail aos.business(dstaee.eo.us nova OraOranroe o*Wainrs45 The undersigned corporation,pursuant to§7-115-103,Colorado Revised Statutes(C.R.S.), delivefs this application for authonty to transact business in Colorado to the Colorado Secretary of State for filing,and states as fol ows: I. The entity name of the corporation is: Lafarge North America Inc. 2. The assumed entity name(if it own entity name is not available for use in Colorado)is: n/a The entity name of a corporcmon shall contain the term"corporation",'incorporated';"company",or "limited"or an abbreviadrm of any of chap terms.pursuant to 57,90-601(3)(a)Ch. 3. The state or country under whose law it is incorporated is: Maryland 4. The date of incorporation is:Jri1 2s, 1977 The period of duration is' perpetual (state'perpetual'or term of years) 5. The street address of its princifnl office is: 12950 Wort ate Drive, suite son frir 6. The name,and the business address,of the registered agent for service of process on the corporation are:Name The Prentice-Hall Corporation System. Inn. Business Address(must be a siren,r over lotieat address a Gub.cdol 1560 Broadway, Denver, Colmado 80202 IfRail#wadi,erab/ca this address.ALSO Melody a port office boss.hien: Appointed registered agent's written consent(signature) '7. Dale it commenced or expects to commence transacting business in Colorado is: a!Qa. S. The name(s)and business address(es)of its directors and officers are: Names) Business Address(es) See attached of fleera/direcoors rider 9. This application MUST be accompanied by a eoatiftcate of existence,or a document of similar import,duly authenticated by the secretary of state or other official having custody of .-•. corporate records in the state or country under whose law it is incorporated. Such certificate shall be dated within ninety(90)days before the filing of this application. COMPUTER UPDATE COMPLETE 10. The address to which the Secretary of State may send a copy of this document upon BP completion of filing(or to which the Secretary of State may return this document if filing is refnsed)ir 12950 Worlddg/gg{ayte Drive, Suite 500, Herndon, VA 20170 Attn:Pam Melvin Sigrmturr/T111021' //., r. Vice Pree.Signer's Name-printed L.Philip McClendon ens' Ohno Town nowntinu+wnx: In.OVA sal a..a.a.rW,w..u...vn•ea.sra in seen alawn.u,aajos. YMR^w..1.wed.5 ' a.e,Mina So non r4wv.'.wi".4.o‘na.nnaa Too./sapOr.4r.xrr,.aM�.� LAFARGE NORTH AMERICA INC. DIRECTORS: Thomas A Buell Robert W.Murdoch Marshall A Cohen Batin F.Nadeau Bertrand P.Collomb John IL Redfern Philippe P.Dauman Joe M.Rodgers Bernard L Kasriel Philippe IL Rollier Jacques Le£evre Michel Rose Paul W.MacAvoy Gerald IL Taylor Claudine B.Malone Lawrence M.Tanenbaum OFFICERS: Chairman of the Board Bertrand P.Collomb Vice Chairman of the Board Bernard L Kasriel President,Chief Executive Officer Philippe IL Roller Executive Vice President& Chief Financial Officer Larry J.Waisanen Executive Vice President& President Construction Materials Group: Edward T.Salle Executive Vice President& President—North American Cement Group Jean-Marc Lechene Senior Vice President—Purchasing& President—Northeast Region Eric C.Olsen Senior Vice President&President Gypsum Division Alain Bounuet-Aubertot Senior Vice President-Human ResourcesJames J.Nealis]II Senior Vice President&General Counsel L Philip McClendon Vice President&Controller Yvon Brind'Amour Vice President-Environment& Government Affairs: David W.Carroll Vice President Sr Treasurer. Kevin C.Grant Assistant Treasurer&Assistant Sa Uary: Dan W.Frakes Assistant Treasurer&Assistant Secretary: Beverly Krantz Assistant Treasurer&Assistant Secretary: Quintus Williams Assistant Treasurer&Assistant Secretary: - Patrick W.Vaughan Assistant Treasurer&Assistant Secretary: Robert Fiolek Assistant Treasurer&Assistant Secretary: William G.Miller Assistant Treasurer&Assistant Secretary: Todd Ohlheiser Assistant Treasurer&Assistant Secretary: R.Gregory Sheardown All of the above can be addressed at the following: 12950 Worldgate Drive,Suite 500 Herndon,VA 20170 r-. LC'EOM,r.FP..MAM MAM M M„r.NAM„MT.t AM4MAM M M MOW.t( MAM rtfr..AMC„M,,,M„M M MAMA, Lu .£ 3 Y.T. STATE OF MARYLAND r Department of Assessments and Taxation ; . I £ tii :3 :34, 37 .t. A ' I,PAUL ANDERSON OF THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION OF THE a4 .- STATE OF MARYLAND,DO HEREBY CERTIFY THAT THE DEPARTMENT,BY LAWS OF THE 344 .E. STATE,IS THE CUSTODIAN OF THE RECORDS OF THIS STATE RELATING TO THE :3j s... FORFEITURE OR SUSPENSION OF CORPORATIONS,OR OF CORPORATIONS TO TRANSACT 44 BUSINESS IN THIS STATE,AND THAT I AM THE PROPER OFFICER TO EXECUTE THIS ;3. '£' CERTIFICATE: N 1. t34 .£. I FURTHER CERTIFY THAT LAFARGE NORTH AMERICA INC. IS A CORPORATION DULY '�' s. INCORPORATED AND EXISTING UNDER AND BY VIRTUE OF THE LAWS OF MARYLAND AND THE :4, CORPORATION HAS FILED ALL ANNUAL REPORTS REQUIRED,HAS NO OUTSTANDING LATE •31 t FILING PENALTIES ON THOSE REPORTS,AND HAS A RESIDENT AGENT.THEREFORE,THE 3-� 3 ..41- CORPORATION IS AT THE TIME OF THIS CERTIFICATE IN GOOD STANDING WITH THIS 3-11 .£. DEPARTMENT AND DULY AUTHORIZED TO EXERCISE ALL THE POWERS RECITED IN ITS 'a' ,£, CHARTER OR CERTIFICATE OF INCORPORATION,AND TO TRANSACT BUSINESS IN MARYLAND. 3. .£ IN WITNESS WHEREOF,I HAVE HEREUNTO SUBSCRIBED MY SIGNATURE AND AFFIXED THE .£. SEMI OF THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION OF MARYLAND AT .414 ., BALTIMORE ON THIS FEBRUARY 05,2001 34 Y. 3 Ct: It Y. • Ca? 3 _£ t3, Paul B.Anderson I Charter Division 3� 3 .. 3 T. :fr-4 034 ;3i £ N CS 1 1 4 >4 :g 3 -e .tea :3' '1 IIIF I. -14 301 West Preston Street,Baltimore,Maryland 21201 TelephoneBalta Metro(410)767-1340/Outside Bona Metro(888)246-5941 0001640277 ..Si 'E' MILS(Maryland Relay Service)(800)735-2258 TTNaice .1 } Fax(410)333-7097 mu 3, ®•-r,W,y,. #2.1.".. „, ,, , Y-V- .-y:. -; . - .- , . _.Y ,.4_V,.._y,.r'_v;.a_Y Cr.: _Y,v,Y:v,V;,_ Colorado Secretary of State - Business Search Results Page 1 of I Secre..a of ate e ep ry St � ,I 4�, t�- BUSINESS CENTER _:i� Imiteriscd Business Center Information Center ! licensing Center I Secretary of State H. Business Home Business Search Result Business Information Business Search Click on the ID Number to select your record. FAQs Glossary Found 1 matching record(s). Viewing page 1 of # ID Number Document Number Name(t) Event 1 19871698812 19871698812 LAFARGE WEST, INC. Application for Authority/ Entity Name Previous Page Business Center:303 894 2200•Fax:303 869 4864•Forms fax back:303 860 6975•e-mail:sos.business@sos.5 r•-• Search I Contact us I Privacy statement I Terms of use http://www.sos.state.co.us/biz/BusinessEntityCriteria.do;j sessionid=0000FT Wk5H3 ChT7y... 6/17/2005 Mall to: Secretary of State For office use ony 045 Corporations Section ! Pr r:,) 1560 Broadway, Suite 200 vtiwRcA„+,,:.; .oRADO sorac:co o!:S Tq8 Denver, CO 80202 (303)894-2251 MUST BE TYPED Fax (303)894-2242 9981131659 M FILING FEE: $10.00 10.00 MUST SUBMIT TWO COPIES 7-20-199 OF 0759E 7-211-f99R 10:59:54 Please include a typed : n/. Ict'9 1 I (g 9W )2_ self-addressed envelope f� `� CERTIFICATE OF ASSUMED OR TRADE NAME ,/�Western Mobile, Inc. {� �C ,a corporation, limited partnership or limited liabiliydmpany under the laws of Delaware , being desirous of transacting a portion of its business under an assumed or trade name as permitted to 7-71- 101, Colorado Revised Statutes, herety certifies: 1. The location of its principal office is: 1590 West 12th Avenue. Denver, CO 80204 (Include c*, state, zip) 2. The name, other than its own, under which the business is carried on is: "Lafarge" 3. A brief description of the kind of business transacted under such assumed or trade name is: Business includes, but is not limited to, aggregate operations, ready-mixed concrete plants and paving and asphalt plants. Limited Partnership or Limited Liabi Corporations complete this section Companies complete this se . Western Mobile, Inc. Name of ity ' Name of Co oration by by �-1)"'N) C Signature David C. Jones t US Vice President & Secretary Title / Title, General Partner, or Manager COMPUTER UPDATE COMPLETE O� BJS Revised 7/95 I/we I Ll M 1 �� do hereby authorize Eric Reckentine to represent me/us through this Amended Use by Special Review for t e Riverbend site. J ' 16 ( o5 . Owner Date Weld CouGREELEYnOF DE artment MAY 19 2005 RECEIVED Hello