HomeMy WebLinkAbout800452.tiff ROCKY MOUNTAIN CONSULTANTS •INC'•
August 28, 1980
Weld County Clerk & Recorder
P.O. Box 459
Greeley, CO 80631
Dear Sir:
As per requirements of the Mined Land Reclamation Board, we are enclosing
a copy of a proposal for an open pit gravel mine in Weld County. Thank
you.
Sincerely, ]
istit—
Cind��th
Secretary
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800452
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Longmt Office Denver Office: J Estes Park Office: �/"
500 Coffman St.,Suite 107 426 ast Evans Avenue,Suite 7 (�����^ P rk Lane Building, Room 109
Longmont,Colorado 80501 enver, Colorado 80222 IV `y Estes Park, Colorado 80511
(303) 772-5282, (303) 665-6283 (Metro) (303) 758-4532 (303) 586-2458 (Metro) 825-8233
7/78 REGULAR:!fMl ;) PERMIT APPLICATION FORM
{ 1 9 198D
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State of Colorado Application for Mining and
Department of Natural Resou s Reclamation Permit , Pursuant
MINED LAND RECLAMATION BOA . // to CRS 1973, 34-32-101 et sec;
1313 Sherman Street , Room 723
Denver, CO 80203 (303)839-3567 RE�ci_-, 14/
(Type or Print Clearly)
1 . Name of operations Frontier-Olson Gravel Pit
(Pit , mine or site name)
2 . Name of applicant/operator
(Name to be used on permit) Henry Braly - Frontier Materials
3. Address and phone number of
local offices P 0 Box 9S Hygiene CO
776-8362
4. Address and phone number
of general offices Same
5. Name and phone number of person Ken Rollin , Rocky Mountain Consultants , Inc.
staff members should contact 77z 5282
500 CCofffman , Suite 107, Longmont , CO 80501
6. Parent Corporation, if any
( Include name 6 address) Same
7. Owner(s) of record of affected Florence M. and Lee Ervin Olson
land (surface area)
( If more than 2, list in EXHIBIT P)
6. Owner(s) of substance to be mined Florence M. and Lee Ervin Olson
( If more than 2 , list in EXHIBIT P)
9. Source of legal right to enter See lease, Exhibit 0
( Indicate what type of proof is
included in EXHIBIT 0) -- NOTE: See
RULE 9. 1 (3) , Rules 6 Regs , p. 6.
10. Type of mine 6 substance to be mined
Open pit gravel mine
(Specify underground, strip, open pit ,
etc. and substance(s) to be mined) .
II . General location 6 elevation (miles 6 Approximately 4 mi . east and 1 .5 mi . south
direction from nearest town 6 approx: of Longmont . Elevation approx. 4885
mate site elevation)
12. County
Weld
13. Acreage of affected lands (Total
surface acreage to be included in 69.39 acres
permit (See RULE 1 for definition) .
14. Application fee (See RULE 2 to
determine amount) $1 ,000.00
15. Present land use (i .e. , agricultural ,
industrial , etc.) Agricultural
16. Surrounding land uses
Agricultural
17. Proposed future land use (Final use Agricultural and private recreation
after reclamation)
18. Unpermitted mining operations (See
RULE 2. 11 (18) (None
(over)
112 Permit Aoplication (cont ' d.)
19. The lands herein do not affect any of Affirmative
the lands described in Section 115(4) (f)
of the Mined Land Reclamation Act.
(Soecify affirmation) _
MAPS L EXHIBITS
With each of the five (5) copies of the application form, the applicant must submit
a corresponding set of the maps and exhibits outlined in RULE 2 , as follows :
1 . EXHIBIT A - Legal description
2 . EXHIBIT B - Index map
3 . EXHIBIT C - Pre-mining b mining plan mao(s) of affected lands
EXHIBIT D - Mining plan
EXHIBIT E - Reclamation plan
o. EXHIBIT F - Reclamation plan map
7. EXHIBIT G - Water information
3. EXHIBIT H - Wildlife information
9. EXHIBIT I - Soils information
;0. EXHIBIT J - Vegetation information
ii , EXHIBIT K - Climate
1?. EXHIBIT L - Reclamation Costs
NB: Concerning the next three EXHIBITS M, N , 0: please note that the
July 1978 edition of the Rules and Regulations omits these EXHIBITS.
This was not a deletion by the Mined Land Reclamation Board; the
_ data required from these EXHIBITS was merely transferred to a new
_ section in the Regulations (RULE 9 , p. 46) . Subsequent issues of the
_ Regulations will reflect the omission of proper cross-referencing in
_ this regard. Please include , in your permit application , EXHIBITS
M, N , 0 , as required by RULE 9. 1 (1) , (2) and (3) .
3. EXHIBIT M - Local government approval ) See RULE 9. 1 (1 )
: 4 . EXHIBIT N - Other permits or licenses ) See RULE 9. 1 (2)
; 5. EXHIBIT 0 - Source of legal right to enter ) See RULE 9. 1 (3) —
i6. EXHIBIT P - Owners of record of surface and subsurface rights .
NOTICE PROCEDURES
After the application is considered "filed" (pursuant to RULE 1 . 1 (10) with the
Mined Land Reclamation Division , notice procedures outlined in RULE 2.2 must be
followed. (Format for such notices will be included in the letter you receive from
the MLR Staff informing you of the completeness ("filing") of your application .
ADDITIONAL INFORMATION
This space can be referenced for further information of any of the items in this form.
To the best of my knowledge , all the informatioh presented in hiyapplication is
true and correct. K
BY
TITLE � r < , /
(Signature by individual legally authorized to
the operator to this application .)
FOR AGENCY USE
I APPLICATION NUMBER
1 ! Illilll �
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DATE RECEI',/ED
APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM
MUNICIPAL, INDUSTRIAL I YEAR MO. DAY
Do not attempt to comolete this form oefore reading :he accompanying instructions
Please print or type
I. Name, address, and telephone number of the owner of the facility producing
discharge.
A. Owner Frontier Materials, Inc.
B. Facility name Frontier-Olson Gravel Pit
C. Mailing address P.O. Box 95
•
0. city Hygiene D. State Colorado
•
E. County Boulder F. Zip Code 8050i
•
G. Telephone Number ( 303 ) 776-8962
•
Area Code
2. Location of facility
A. Legal brief description SE1/4 Section 17 & NE1/4 Section 20.,
T2N, R68W
B. Street Weld County Road 291/2
C. City Longmont 0. county Weld
E. state Colorado
F. Telephone Number ( 303 ) 776-8962
Area Code
G. Local contact Henry Braly - Frontier Materials, Inc.
3. Sanitary discharges (only for sewage treatment facilities) .
A. Unit treatment processes utilized
S. Design flow (average daily) of facility MGD .
C. Percent dOD removal (actual-previous year)
D. Population served
E. Number of discharge points
F. Description of aischarge location(s) :
G. Name of receiving water(s) :
H. Is lane application used or planned?
I, method of sludge disposal
J. (I) Do you receive industrial waste?
(2) If yes, descrije :he sources
K. Attach any laboratory analyses of your effluent oualit',
4. Industrial discharges (industries, mines, gravel pits, eater treatment plants,
etc.)
A. Description of facilities Open-pit gravel mine
B. Principal product or raw material Sand and gravel
C. Maximum am unt of principal product produced 3r raw material consumed
per cay 120 tons per day
0. Check the month(s) the discharge occurs.
JQFrin = A = n177J ® , E—IA [IS (' 101NQDn
E. Unit treatment processes utilized Settling pond
O
F. Number of discharge points n e •
G. Description of discharge location(s) :
H. Name of receiving water(s) Boulder Creek
1, Is land application used or planned? Planned
J. Attach any laboratory analyses of your effluent quality .
5. Additional Information (sketches, etc.) It is proposed that water encountered
in the Phase I mining be settled then pumped to wetlands west of the Phase
2 mining shown on the enclosed plan. The water can then percolate back
to the stream in a natural manner. During the mining of Phase 2, the
water will be settled then pumped into the excavation created during Phase
I mining and allowed to percolate back into the system. Since the water
encountered in Phases 1 and 2 of the mining operation will not discharge
directly back to Boulder Creek, but will return naturally through perco-
lation, it is requested that a discharge permit not be required for these
phases of the mining. During the mining of Phase 3, the water will be
settled then returned to Boulder Creek. This discharge would come under
NPDES regulations.
I certify that I am Familiar with the information contained in the aoplication and
that to the best of my knowledge and belief such information is true, complete,
and accurate. Please review signature of application on instruction sheet before
signing.
-Henry Braly
Printed Name of °erson Signing
President
Title �
July 31 , 1980 /
Date Application Signed i" 1
// �° L�ti� ✓✓� t Y�v
Signature of Apoiicant
EXHIBIT A
LEGAL DESCRIPTION
Legal Description
Description of a Parcel of Land located in the NE 4 Sec. 20 and the
S } 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°25'35" 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 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
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.
. t
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
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 .
EXHIBIT B
INDEX MAP
EXHIBIT C
PREMINING AND MINING PLAN
MAP OF AFFECTED AREA
Adjacent land owners , physical features , and utilities are shown on the
map herein. Contour lines are shown on the map in Exhibit D. The area in-
cluded in the lease agreement between Frontier Materials, Inc. and the Olsons
(see Exhibit 0) is 69.39 acres with about 24 acres of said parcel actually to
be mined. The total area and area to be mined are shown in Exhibit D.
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.
Soil profiles indicate that the maximum depth to bedrock is approximately
20 feet. Bedrock was found to be a blue-gray shale material which is indica-
tive of the Pierre Shale, which is found to be the bedrock strata in this
area. The following map delineates the soils on the site as mapped by the
Soil Conservation Service. The proposed site has been designated 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 .
EXHIBIT D
MINING PLAN
PROPOSED OPERATIONS
Operating Methods
A perimeter ditch will be constructed around the mining areas in stages
for the purpose of dewatering the area. During the mining of stage 1 , the
water will be collected, settled and pumped to the wetlands located west of
stage 2. The water will then percolate back to the stream in a natural
manner. During mining of phase 2, water will be collected, settled and pumped
back to the excavation created in the stage 1 mining then allowed to percolate
back into the system. Water collected from the stage 3 mining area will be
settled and returned to Boulder Creek. With the area dewatered, the mining
will be accomplished with front-end loaders and the material processed adja-
cent to the pit. During processing, the gravel will be crushed , screened
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.
For 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. The front end loader , and crushing and screening equip-
ment will be brought into the stage I area from the south to avoid crossing
Boulder Creek. The conveyor system is capable of spanning the necessary
distance so that no supports will be required in Boulder Creek.
No asphalt or hot batch plant is contemplated at this site.
Handling and Storage
As stated earlier, the gravel will be mined and processed on the site and
hauled from stockpiles to the market place. The stockpiles will be located
so as not to interfere with any existing wetlands or passage of flood flows.
The majority of material will be used in Weld, Boulder and surrounding counties.
Equipment
Equipment to be used will consist of front-end loaders, trucks, road
graders and the necessary maintenance equipment to maintain the above-
mentioned equipment. It is anticipated that the number of each type of
equipment will vary according to seasonal changes, demand and staging require-
ments. Other equipment to be used on this site will be crushing and screen-
ing 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.
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 anti-
cipated 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 ob-
viously depend on market conditions and the economic growth patterns as they
occur in the surrounding area.
Access Roads
Acces is planned to be from the property onto Weld County Road 20-1/2
as shown on the plans. There is an existing access onto Weld County Road
20-1/2 from this property which enters Road 20-1/2 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 20-1/2 west of the bridge, while trucks
headed east will enter Road 20-1/2 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. Agreement has also been reached with respect to upgrading the existing
crossing. The material mined in stage I 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 beneath the
access road to ensure that historical drainage patterns are maintained .
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.
EXHIBIT E
RECLAMATION PLAN
Reclamation will include three ponds to be created with side slopes at
approximately 5: 1 (see Reclamation Map, Exhibit F) . Topsoil will be stock-
piled during mining operations and replaced at depths of approximately one
foot prior to revegetation. The types of grasses and trees to be planted will
be those as recommended by the local Soil Conservation Service office. Said
recommendations are attached , including mixtures, quantities and timing. As
much as practicable, reclamation will be done concurrently with the mining
operations.
Also included in this Exhibit are comments made by the District Con-
servationist upon review of the plan when it was submitted to Weld County for
their approval .
Mapping of wetlands on this site has been completed and the wetlands are
delineated on the map in Exhibit D. The wetlands will not be disturbed dur-
ing mining and thus will be able to support their natural inhabitants follow-
ing reclamation.
The reclaimed site will be utilized by the owner for agricultural and
private recreational purposes.
UNITED STATES DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
1228 Main Street, Longmont, CO 80501 July 1, 1980
Frontier Materials, Inc.
P. 0. Box 95
Hygiene, CO 80533
,Dear Sirs:
To assist you with your application with the Mine Reclamation Board,
we offer the following suggestions for your reclamation plan on the
Weld County property:
1. The present land use would be described as non-irrigated
pastureland of very poor quality supporting mostly downey
brome (cheat grass) and annual weeds with wheat grasses
and sedges and rushes in areas of higher moisture. The
land would not be considered prime or of unique importance.
2. The soils are classified as aquolls and aquepts which are
river bottom soils, surface layers are heavy in loam and
clay and are underlain by sand and gravel . In a reclamation
plan, it would be recommended that at least a foot of this
material be stockpiled and spread back over the disturbed
and exposed banks. All slopes should not exceed 3:1 to aid
in establishing grass cover. The area can be smoothed by
bhck dragging with the dozer blade to prepare a seedbed.
3. Use a mixture of:
Crested Wheatgrass 6#/Acre
Smooth Brome 8i /Acre
Yellow sweetclover 1!/Acre
A good grain drill should be used and drill the seed 1/2 inch
deep. If the area is too rough to use a drill , the seed can
be broadcast, but the quantities should be doubled. Seeding
dates are March 15 to May 15 and August 1 to September 15.
This process may have to be repeated if you do not get the rain
to germinate the seed or to maintain it after germination.
4. Some trees that would be native and would be readily available
are cottonwood, Russian olive, and willows .
5. No grazing should Le allowed during the year that the grass is
planted to allow the grass to become established. Then limited
grazing can be carried out depending on the annualpproduction
which is a direct result of the moisture available.
Page 2 - Frontier Materials, Inc.
6. Fertilizing is not a necessity in this type of soil , but probably
would improve the chances of grass survival and a blanket recommend-
ation would be 250 lbs. of a 20-10-5 mixture per acre.
Please feel free to call on us if we can be of additional service.
Sincerely,
are
Ca
rrol E. Ramon
District Conservationist
°Lcc: VernaSigg, Rocky Mountain Consultants
1228 Main Street, Longmont, CO 80501 March 18, 1980
Mr. Leo Berger, President
Longmont Soli Conservation District
1228 Main Street
Longmont, CO 80501 Case Number SUP-415:80:5
Dear Leo:
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 maker 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 SCD recognizes the need for gravel mining where the resource
is found and find no real conflict with our interests.
Sincerely,
Carrol E. Hamon
District Conservationist
Ili
EXHIBIT F
RECLAMATION PLAN MAP
EXHIBIT G
WATER INFORMATION
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 and returned to the system as
described previously in this application. 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 for stage 3 mining operations. The water will
meet effluent standards for discharge into Boulder Creek. The mining operation
is far enough away from any area wells to prevent any damage to the wells.
Water Resources
The property requested for mining under this permit has not been histori-
cally 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 in-
dicate 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 44 acre-feet
per year. A contractural agreement with respect to the plan of augmentation
has been finalized with the Water Users Association of District No. 6 and a
copy is attached.
No water will be required during the mining operation. The vegetation
recommended by the Soil Conservation Service is for dryland since the property
was not historically irrigated and will not be irrigated after reclamation.
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 percolated
or discharged to Boulder Creek. The discharge will be maintained within the
established guidelines of the Environmental Protection Agency and a permit for
this discharge will be obtained. Application for said permit has been made.
Flooding and Drainage
The majority of the area to be mined is included in the floodprone dis-
trict 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.
AGREEMENT REGARDING SAND AND GRAVEL MINING
AND AUGMENTATION PLAN PERTAINING THERETO
THIS AGREEMENT is made this d?,,I) 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; and
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:
1 . OLSONS Agree as follows:
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 streamflow 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 hcadgates , 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 _2. /980
entered into between OLSONS and THEW 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.
•
(4 (07
L.- c. . ( _Lc( ,L �j c. .,
Lee Ervin Olson
:ci ,� tr V �1 ) , 1j.(,�, . if
Florence M. Olson
THE WATER USERS """ASS9 IWSTRICT
N0 a ,Oglor4go no pfo it corporation
qi 10tfp
BY:
Milton H. Nelson, President
1� .uz,7 zee—F—e4
Fcrrin Hirsch, Secretary
ATTEST:
•
•
ATE OF COLORADO )
) ss.
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me this re/ day
_ of //ine , 1980, by Milton H. Nelson , President , and Fcrrin Harsch,
Secre ry, of the Water Users Association of District No. 6, a Colorado non-
profit corporation. Witness my hand and official seal .
My commission expires : Myuomm,:.,,,,,, ,,,,,,,rrw„,,,,,+< .
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me this <) 1 day
of ,{, rµ'49 , 1980, by Lee Ervin Olson and Florence M. Olson. Witness my
hand arIA official seal . My commission expires : A?yQcrc;rloiElgin May la, lUe1
-) J
j,- -r- -1 r-J<-c-, / fr-w tr. - Celt
Notary Public
-4-
EXHIBIT H
WILDLIFE INFORMATION
A wildlife inventory on the affected land is being prepared by the
Colorado Division of Wildlife and will be forwarded upon receipt. The Division
of Wildlife publication "Essential Habitat for Threatened and Endangered
Wildlife in Colorado" identifies no unusual or endangered species on this site.
Ducks and geese utilize the area on a seasonal basis.
The ducks and geese will be temporarily affected by the mining operation.
However, it is anticipated that upon reclamation the waterfowl wildlife will
return and in fact increase. Other open pit gravel mines in the area which
have been reclaimed with ponds have substantially more waterfowl after recla-
mation than before mining occurred . Sightings of unusual birds such as blue
heron have been made on these sites after reclamation. Since the wetlands
will not be dusturbed, the food and habitat provided by the wetlands will not
change. Although noise and human activity may have a temporary effect on the
wetland wildlife, many species will adapt to this activity.
EXHIBIT I
SOILS INFORMATION
Although soils information for Weld County has not been published , the
Soils Conservation Office provided the attached data. It should be noted
that the description for "aquolls and aquepts, flooded" (34U) relate to the
soils labelled 34P-AB and 34-AB on the map.
As noted in the comments from Carrol Hamon, District Conservationist,
(shown in Exhibit E) these soils support poor quality vegetation.
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NOI1VWHOJNI NOI1V1393A
r 119IHX3
Existing vegetation consists of sparse grasses and undesireable weeds.
Trees on the site are mainly cottonwood which will be removed only if
necessary. As noted in the comments from Carrol Hamon shown in Exhibit E,
these are ". . . typical river bottom soils that support poor quality vegetation
. . ." A small part of the site has been utilized for limited grazing for
horses and cows. No crops were raised on this land.
Wetlands located on the site have been mapped and are shown on the
Mining Plan. Wetlands will not be disturbed during the mining operation.
EXHIBIT K
CLIMATE
Monthly normals of temperature and precipitation for the years 1941
throught 1970 are shown in the following tables. This information was
recorded at the Longmont 2ESE station located approximately 3 miles west
and 1-1/2 miles north of the site.
Mean Temperature
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual
26.8 31 .0 35.9 47. 1 56.6 65.0 71 .6 69.9 61 .0 50.4 37.4 30.3 48.6
Precipitation Normals
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual
0.39 0.40 0.86 1 .54 2.53 1 .89 1 .21 1 .03 0.98 1 .05 0.54 0.32 12.74
EXHIBIT L
RECLAMATION COSTS
Based on the reclamation plan envisioned for the project, reclamation
is estimated to cost approximately $125 per acre. Said costs are for the
entire reclamation plan including removing and stockpiling topsoil , replacing
topsoil on affected areas and revegetation as shown on the reclamation plan
map and as recommended by the Soil Conservation Service. This cost also in-
cludes necessary outlet works for the ponds so that the ponds do not stagnate.
EXHIBIT M
LOCAL GOVERNMENT APPROVAL
RESOLUTION
RE: APPROVAL OF SPECIAL USE PERMIT FOR AN OPEN CUT MINE OPERATION
FOR GRAVEL FOR FRONTIER MATERIALS , INC . , 1738 WELD COUNTY
ROAD 201 , 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 , 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 Commissioners 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
‘1,-1/„. y//„. (Aye)
C. W. Kirby,./Chairman
d . *.
(Aye)
Leonard L. Roe, Pro-Tem •
(A e)
Norman Carlson
A e)
unbar •
(A e)
e K. St inmark
ATTEST: l'nn +•vk •
Weld County Clerk and Recorder
and Clerk to the Board
eputy County erk
P OV AS TO FORM:
�___ 7;77-7:4
County Attorney
, ,i,r P7F. 'ED: JUNE 9 198'
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
201, 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 20;.
NOW, THEREFORE , it is mutually agreed as follows:
Weld County shall , prior to the commencement of the mining operation, repair
Weld County Road 20;, 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 201/2
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 201 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 MAT IALS, IN
ATT
Secretary enr Bra y, P esi ent
WELD COUNTY BOARD OF COMMISSIONERS
t/7 Chairman
EXHIBIT N
OTHER PERMITS
Frontier Materials, Inc. has operated an open pit sand and gravel mine
near Hygiene, Colorado since 1975. This pit is located in the NE1/4 of
Section 36, Township 3 North, Range 70 West of the 6th P.M. , Boulder County,
Colorado. Although this operation received both local and State approval ,
a copy of the permit from the State was not available as of this writing.
EXHIBIT 0
SOURCE OF LEGAL RIGHT TO ENTER
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 IxhiH t A. Lessee operates sand,
gravel and associated activities , including heavy construction , and
desires to lease the property described on Exhihit 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 lease is to bet forth the terms
and conditions of the lease between the parties .
3. CONSIDERATION. This Lease is executed by the parties for and in con-
sideration of the rents , terms , covenant_, , conditions , ,id 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
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 a: such activities do not
interfere with the Lessee' s paramount right to conduct its operations .
The Lessor shall be responsible for louring livestock out of the area
where mining and related operations are toting 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 grating or raising of
crops , so as to facilitate the Lessee' s planning for use of the ground
and avoid destruction of growing crops . Thu' lessee will he permitted to
use a reasonable amount of the surface of the property for uses related
to mining , including , but not limiter) to , a scale house and office, a
scale , stockpiles , crushing , screening and washing plants , a concrete
hatch 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 Lr•.sor willjoin in any application
for rezoning or for the obtaining of neressicy governmental permits to
allow the uses enumerated above so long at, 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 ?0 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 (t)
shall be due and payable on or velure Ni,' tenth day of each month during
the tern hereof , for the preceding cnlentot rionth. The amount of material
removed shall he determined by the Li .,ded in accordance with measurement
techniques couunon to similar oper,i' inn', . 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.
B. 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 he required to prepare
a plan of reclamation for the area to he mined. The Lessee agrees to con-
sult with the Lessor in the preparation of the reclamation plan and, to
the extent economically practical , to incorporate features in the plan
desired by the Lessor. The Lessor may not 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 be available to it. (he reclamation plan agreed upon by
the parties , and as finally approved by the various regulatory agencies
reviewing it during the permit process (and the Lessor agrees to consent
to reasonable alterations required by ;ugh a,nocies ) shall be signed by
the parties and shall thereafter he complied with by the Lessee. The reclan
Lion plan shall be completed within two years from the date of completion of
mining. The parties understand and onto, 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 flora of healler Creek for any evaporation
resulting from creation of lakes according ' o the reclamation plan, or which
are otherwise necessary to compensate other waiter users for the effect of the
reclamation plan upon water rights of ott ' s . The Lessee will not he responsi-
ble to the Lessor, or his tenants , secce/ (o _: 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
5300 ,000.00 per person and $600 ,000.00 per accident for personal injury and
5100,000.00 for 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 nun LIMIT ON TIME FOR REMOVAL.
The Lessee agrees to execute and repave 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 rrnnnnrically unminable need not
be excavated or removed. If at the end nI the fifteen year period, the
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 to 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 os 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 Co 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 `larranty Deed , as provided
above.
15. INDLMNIHY AGAINST CLAIMS 01 DUO RS. the Lessee shall fully indemnify
and hold the Lessor harmless from ,.ny dta and , claim or cause of action for
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 nr 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 indemnity 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 written 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 paragraohs of this Lease.
16. TAXES AND ASSESSMENTS. The Lessor shall he 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 sunIt notice is intended to he
given at the address set forth below, or aL such other address as has
been previously furnished in writing , to t' r' nthcr party or parties .
Such notice shall he deemed to have here given vfrim deposited in the U.
S. Mail .
Lee Ervin Olson and ! lorence M. Olson
1733 Weld County
Longmont , Colorado },,(l1,Ul
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 sinned 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 he 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. (,'` 4
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 othenmise specifically authorized herein.
191 .
Florence M. Olson Inc Irvin Olson
I k)f11I HA1Ek1ALS , INC.
ATTEST : 7y2/
-6'
yt\�,vnt�l�. P�;dsic�ent
As a>o�x � Secretary /J
TO: Lease
DATED: March it 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
?Object to tie ri9Fit of irst re usal set forth in Paragraph 14 of the
Lease. -- - T - t_
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• • ' "' f'- - -` ROAD CUSSIFICATI ��
:0: Lease ....'tl l
DATED: March It , 1979 1,' ^j
i4,
,;
LESSOR: Lee Ervin Olson and Florence M. Olson Irai
•
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.
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EXHIBIT A
TO: LEASE
DATED: March t 2 , 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': 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 is
ss.
COUNTY OF BOULDER )
Subscribed and sworn to before me this 1a (Q day of Cjik-Dett
1979, by Lee Ervin Olson and Florence M. Olson.
Witness my hand and official seal .
My commission expires : „/ .7c , - )`)
1 1
Notary Puh c
STATE OF COLORADO )
ss .
COUNTY OF BOULDER )
Subscribed and sworn to before me this 7) 4 day of(d/aAre
1979 , by Henry Braly as President and fitada� ce �.Sta- 1 as
Lid( 1/. 1 Secretary of FronLier ;Materials , Inc. , a Colorado
corporation.
Witness my hand and official seal .
My commission expires : : 2 (1`' y'U
Notary Pt is
WHG:mj
•
•
4
EXHIBIT P
OWNERS OF RECORD OF AFFECTED LAND
The owners of the land as well as the mineral rights to the affected
land are Florence M. and Lee Ervin Olson. An abstract is attached.
Adjacent property owners are shown on the map in Exhibit C.
1 t\ b)::_.) ' r-‘1/4,_. U ' '� n
i The N ;, of the SE? and the ':1' ' of the of ;section ! 7 , in Township 2 a
,rth , of Range f', West of the Gth P .M . . Weld ('ocnty , Colorado ; subsequent
_ January 2 , 1919 at 1 :30 o' clock P .M . °
Except parcel of land as conveyed by Deed recorded in Rook 1473 , Page a
Weld County Records d
Except reservations as contained in Patent. recorded in Book 20 , Page
,, Weld County Records . a
; The S;•:-I of the :;. ' of Sect ion ' , and the of the of Section 2') , l,
Township ". North , of Range t;'' West of the 6th P . M . , Weld Count y ,Colorado ; ti
— :bsequent to April 14 , 1932 a L ti ; •Ih o' clock A . '.; . °
_UYcS:p 'Li kht_ o w i as convei_c d by Deed rcenrdud 1 u nook 133 , Passe 234 , a
(.l ell Il.l:n H
0
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I t e
' Weld County Records .
- c
Except reservations as contained in Patent recorded in Book 20 , Page 1
I ' 75 , Weld County Records . (,
All that part of the ' ': of the :a; '. and the .1
.` ,,, of the SI'.} of Section (
Weld Count
1 , 17 ' Township 2 North , of Raw r, ; West of the Gth P . �1 . , Y ,
I . Colorado , lying North of a line lour 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 '
1 o' clock A .M .
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i payable , shall be secured hereby and shall have the benefit of the lien iI
,•oby created and of its priority , and no such advances shall be deemed to Q
I.ieve the grantor from any default hereunder or impair any right or remedy °
sequent thereon . P
The grantor hereby assigns to the beneficiary all rents , bonuses , royal— Q
,1.: revenues and income . all of which are herein referred to as income , ac— A
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