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Home My WebLink About921153.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING SHOW CAUSE HEARING TO CONSIDER REVOCATION OF USR #874 - PHILLIP CAMENISCH 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, on December 9, 1992, a Show Cause Hearing was conducted to consider revocation of USR #874, issued to Phillip Camenisch, and WHEREAS, Phillip Camenisch is the owner of the facility located on property described as part of the SW'-I and the WI SEe of Section 10, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, at the hearing of December 9, 1992, the Planning staff advised the Board that said Permit has not been abandoned and recommended extending the vested property right period for one year, and WHEREAS, the Board deems it advisable to extend said vested property right period to December 9, 1993, and to dismiss said matter. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the vested property right period for USR #874 be, and hereby is, extended to December 9, 1993. BE IT FURTHER RESOLVED by the Board that the Show Cause Hearing concerning revocation of USR #874, issued to Phillip Camenisch, be, and hereby is, dismissed. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of December, A.D. , 1992. / n 1 / /' BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO G % Weld County Clerk to the Board /1.'-i}ite o - George Kennedy, Chairman BY: ///i1GX / K7?/(.4-if- �,�i df0:{a-Oe- Deputy Clerk to the Board Constance L. Har t, Pro-Tem APPROVED AS TO FORM: C. W. it G County Attorney G L cy W. H. Webst /� 921153 �PCO44b GG . /3)-. , Hh GrlP HEARING CERTIFICATION DOCKET NO. 92-78 RE: SHOW CAUSE HEARING TO CONSIDER REVOCATION OF USR #874 - PHILLIP CAMENISCH A public hearing was conducted on December 9, 1992, at 10:00 A.M. , with the following present: Commissioner George Kennedy, Chairman Commissioner Constance L. Harbert, Pro-Tem Commissioner C. W. Kirby Commissioner Gordon E. Lacy Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Lanell Swanson The following business was transacted: I hereby certify that pursuant to a notice dated November 9, 1992, and duly published November 25, 1992, in the Windsor Beacon, a public hearing was conducted to consider revocation of USR #874, issued to Phillip Camenisch. Lee Morrison, Assistant County Attorney, made this a matter of record. Lanell Swanson, Planning Department representative, said staff's opinion is that the Permit has not been abandoned, based upon evidence Ms. Camenisch has provided; therefore, they recommend extending the vesting period for one year to December 9, 1993. Shirley Camenisch represented the applicant and stated they have not abandoned the Permit, and they do have contracts and leases in process. John Copper, surrounding property owner, said he previously submitted pictures that show nothing has been done on the site. Mr. Morrison said the photos are Exhibit D and passed them on to the Board for review. Ed Hodges, surrounding property owner, said Mr. Camenisch is still grazing livestock on the site, and he feels that if they are going to mine, they should get started. Commissioner Lacy moved to accept the staff's opinion that the Permit has not been abandoned based on the information received, and to extend the vested property right to December 9, 1993. The motion, seconded by Commissioner Kirby, carried unanimously. Commissioner Lacy moved to dismiss the Show Cause Hearing to consider revocation of USR #874, issued to Phillip Camenisch. The motion was seconded by Commissioner Kirby, and it carried unanimously. This Certification was approved on the 14th day of December, 1992. APPROVED: ATTEST: I ` -/,/, � BOARD OF COUNTY COMMISSIONERS ruLwJ �� 1" �l WELD C UNTY, COLORADO Weld County Clerk to the Board By: /� e Geor e Kennedy, Chairman Deputy Lrk to the a t Benstance L. Har r Tem TAPE #92-41 7 C. W. Ki y DOCKET #92-78 Go PL0466 W. ebster 921153 Cc I')1 NOT I C E The Board of County Commissioners of Weld County, Colorado, on December 9, 1992, approved an extension of the vested property right for a Site Specific Development Plan and Special Review Permit for the property and purpose described below. Said vested property right is pursuant to Article 68 of Title 24, C.R.S. , as amended, and was extended for a period of one year. APPLICANT: Phillip Camenisch 10504 Weld County Road 7 Longmont, Colorado 80501 LEGAL DESCRIPTION: The SW* and the W? SE; of Section 10, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: An open-cut mining operation, materials processing, and an asphalt and concrete batch plant SIZE OF PARCEL: 200 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN CLERK" �T�O' THE BOARD OA BY: c 'lxxx Kam ' 4 n/ . -2 Deputy CXsOrk to the Board PUBLISHED: December 17, 1992, in the Windsor Beacon 13921153 AFFIDAVIT OF PUBLICATION STATE OF COLORADO _SS COUNTY OF WELD I, KEITH HANSEN, of said County of Weld,being duly sworn,say that I am publisher of BODGE WINDSOR BEACON The Board of County a weekly newspaper having a general circulation in said ComNulonen of Wdd Cant'. Colorado, on December 9, County and State, published in the town of WINDSOR, 1992,approved an extension of in said County and State; and that the notice, of which the vested properly right for• She Specific Development Plan the annexed is a true copy, has been published in said and Special Review Permit for weekly for r _successive weeks, that the notice the property and purpose described below. Said vested was published in the regular and entire issue of every property right Is pursuant to number of the paper during the period and time of Article S8 d The 24,C.R.S.,as amended,and was extended for publication, and in the newspaper proper and not in a m period one yam. - supplement, and that the first publication of said notice APPLICANT:Phiup Camenlech, was in said paper bearing the date of the 10504 Weld County Road 7, ♦(/.,L Longneat ,T Colorado 80501 t:a-- day of f).P cam-vw n .Z a.� , A.D., 199Z and I ESCRIPTION:The LEGAL DESCRIPTION:The publication the last ubliti bearing the date of the SW1/4 end the W1I2 SE1/4 of Section 10,Township 2 North,P.M Range 88 Wad of the day of , A.D., 19_ and 901 . Weld County,Colorado that the said WINDSOR BEACON has been published TYPE AND INTENSITY OF continuously and uninterruptedly for the period of 5 APPROVED USE:An open-cut consecutive weeks,in said County and State, prior to the mining operation, materials date of first publication of said notice, and the same is a ocessing,end on asphalt and concrete .l plant newspaper within the meaning of an Act to regulate SIZE OF PARCEL:200 scree, printing of legal notices an advertisements, approved more or lose ess May 18, 1931, and all prior cts r as in force. Failure to abide by the terms and conditions of approval wM result In a forfeiture of the veded property right' 4 P LISHER 6OARD OF COUNTY COMMISSIONERS. WELD COUNTY,COLORADO Subsc ' d and sworn to before me this h day BY: DONALD D.WARDEN, of ��//// 19 CLERK TO THE BOARD ��I.(^_? _y? (2 Lid BY: SHELLY K. MILLER, NOTARY PUBLIC Deputy Clerk to the Board Published In the Windsor (� Beacon on December 17, My commission expires -y 2 p/49b ; tan • • 22:.11 1 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 9TH DAY OF DECEMBER 1992: DOCKET U 92-78 - SHOW CAUSE, CAMENISCH DOCKET # 92-77 - AMEND BUILDING CODE ORDINANCE, ORDINANCE NO. 119-K DOCKET U 92-73 - USR, RINN _UNITED METHODIST CHURCH DOCKET U PLEASE write or print your name legibly, your address and the DOCKET u (as listed above) or the name of the applicantt of the hearing you are attending. NAME ADDRESn t /j HEARING ATTENDING ' I } Maps /J ( y]'J/J/11� /(�/�/�)Jk/�/ L/�7 er J(/� //�L //�'/� CJ�VotF ( l 4 s / DIV / "l./, I "'VIyt /24 ! //""C Y4'[�,4L �� °het t'1,. / �� 1J EAf 72 ( 1 921153 • Southwest Weld County '; Economic IDeve10 ment Croup • •♦••P • 7 r.; J3 December 4, 1992 C_' Board of Weld County Commissioners 915 - 10th Street, Third Floor Greeley, Colorado 80631 Respectfully: SUBJECT: USE R74 - Site specific Development and Special Review On behalf of the Southwest Weld County Economic Development Group, I am writing in support of the above mentioned project for Phillip E. Camenisch. The general assembly of members present voted unanimously in support of the project at their regular meeting held on November 20, 1992 . The Group understands the issue under consideration before the Board of Commissioners . The question of whether or not the gravel pit project was kept active and viable was thoroughly discussed at our meeting. We believe that the gravel operation has been -active. The operation of the pit has been a function of market demand for gravel. A weak demand has necessarily determined that operation of the pit and the proposed asphalt and/or concrete batch plants be scaled back. The pit has a good mining and reclamation plan and is consistent -with other mining operations in the Southwest Weld area. The Southwest Weld Group urges your approval of continued opera- tion of the Camenisch Pit. Sincerely, SOUTHWEST WELD COUNTY ECONOMIC DEVELOPMENT GROUP Bill Meier Chairman BM/cs ems% PA , fa_ 528 North Main Street • Longmont,Colorado 80501 • (303) 776-5295 92 ,.3 ? C hibi + C, SHOW CAUSE r r . 6 DATE: December 9, 1992 rif ' CASEY,' 2CH-93 USR-874 Phillip Camenisch 10504 Weld County Road 7 Longmont, CO $0501 LEGAL -DESCRIPSION: The SW4 and the W2 SE4 Df Section 10, T2N, R68W of the 6th P.M. , Weld County, Colorado. It is the 'opinion of the Department of Planning Services' staff that the applicant has shown that the Special Review permit has not been abandoned. The staff's determination is based_upon information supplied by extraction companies who have expressed an int-erest in developing the property. The staff recommends the Board of County Commissioners extend the vesting period for one year to December 9, 1993. EX h;hi P 921153 STATE Of COLORADO COLORADO DEPARTMENT OF HEALTH - _ ,tl �• LT Dedicated to-protecting end int roving the heahhand environment of the people of Colorado a t G', I� 4300 Cherry Creek Dr.-S. Laboratory Building ( e Denver, Colorado 80222-1530 4210 E. 11th Avenue - C' 7 e Phone:130 3)69 2-2000 Denver,-Colorado 80220-3716(303)691-4700 Roy Romer Governer Patricia A.Nolan,MD,MPH Mr. Phillip Camenisch Executive Director 10304 Meld -County Road 7 Longmont, Co. 80504 RE: Construction expiration extension for permit -9OWE019F November 12, 1992 Dear Mr. C-amenisch: I am writing in response to my telephone conversation with -Shirley Camenisch and your letter dated November 4, 1992, requesting an extension the construction expiration for the above referenced permit due to -expire cm April 2, 1992 . The Division grants your request for an extension. The -new construction commencement expiration date for permit 90WE019F will be on Duly 1, 1994. This letter will serve as official notice that the extension has been granted, and should be -kept with the permit. If you have any further questions please give me a call at (303) - 592-2168 . Sincerely yours, R K IBancock IA Public -Health Engineer Stationary Sources Program Air Pollution Control Division cc: Weld County Health Department eat; f E co. 9Zfl5j • A, • ;l DATE -77a 3 72 SUBJECT: (1c-ntirj cfr4 ach D �anv, .Gut t xf� Y • y1 t„klk k { f s T • • b tM r ft1 444. �M14 • • } t , t O - November 16, 1992 Ms. Lenell Swanson Weld County Department of Planning Services 915 10th St. Room 342 Greeley, CO 80631 Dear Ms. Swanson RE: Use by Special Review #874 Camenisch Pit I am writing to assure you that the Camenisch permit (USR 874 approved July 20th, 1989) , has not been abandoned. We at Tectonic Construction Co. are presently investigating the feasibility of establishing a relationship with Phillip and Shirley Camenisch to mine the aggregate products on their property. We just recently completed a drilling program and are in the process of preforming gradation and soundness tests and quantity evaluations to determine at what level we can proceed to develop this property. If I can be of any further assistance please let me know. Sincerely, TECTON C CONST ION CO. Robert H. Lowdermilk President CC Mr. Phillip Camenisch File It N0V 1 6 19921 Tectonic Construction Co. --- --- 12501 Weld County Road 13 "�eh+Co!�^� Planning Longmont, Colorado 80501 (303) 444-7444/ 1-303-535-4350 An Equal Opportunity Employer Exhibif- 921153 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the matter are requested to attend and may be heard. Should any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO. 92-78 Phillip Camenisch 10504 Weld County Road 7 Longmont, Colorado 80501 DATE: December 9, 1992 TIME: 10:00 A.M. REQUEST: Hearing to SHOW CAUSE for revocation of USR #874 LEGAL DESCRIPTION: The SW* and the WI SE* of Section 10, Township 2 North, Range 68 West of the 6th P.M. , Weld County, Colorado ISSUES: 1. Development Standard 1k2: Approval of this plan may create a vested property right pursuant to Article 68 of Title 24, CRS, as amended. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Shelly K. Miller, Deputy DATED: November 9, 1992 PUBLISHED: November 25, 1992, in the Windsor Beacon 921153 ExhibA- AFFIDAVIT OF PUBLICATION STATE OF COLORADO Ss roncE COUNTY OF WELD Pursuant to the zoning laws of I, KEITH HANSEN, of said County of Weld, being duly the Stab of Cobnd6 end sno the sworn,say that I am publisher of Weld Cooly Conks]Ordinance, •public hearing will be held in the Chambers of the Board of WINDSOR BEACON County Commissioner,of Weld County.Colorado,Weld County Centennial Canter,918 10th a weekly newspaper having Street. First Floor,Greeley, news p Pe in g a general circulation in said Colorado,at the time specified. County and State, published in the town of WINDSOR, All persons in ens manner in said County and State; and that the notice, of which interested in the matter are requested to attend end may be the annexed is a true copy, has been published in said heard. weekly for_ / _successive weeks, that the notice Should any interested party was published in the regular and entire issue of every desire the presence of a court number of the paper during the period and time of reporter to make a record of the proceedings,In addition to the publication, and in the newspaper proper and not in a taped record which will be kept supplement, and that the first publication of said notice during the hearing,the Clerk to PP the Board's Office ihall be was in said paper bearing the date of the advised in writing of Rah action at least five days prior to the /� Ahearing. The cost of engaging a a" fitday of 6'V , A.D., 19 12. and court reporter shah be borne by the last publication bearing the date of the the requesting party. P BE IT ALSO KNOWN that the day of text and maps may be examined A.D., 19_ and in the of ice of the Clerk to the that the said WINDSOR BEACON has been published Board of "County continuously and uninterruptedly for the period of 5 Commissioners,located In the P Y Weld County Centennt Center, consecutive weeks,in said County and State, prior to the 915 10th Street,Third Floor, date of first publication of said notice, and the same is a Greeley,Colorado. newspaper within'the meaning of an Act to regulate DOCKETNO.82.7e printing of legal notices an advertisements, approved Phlllp Csnwnhch, 1019/Weld May 18, 1931,and all prior cts ar as in force. County Road 7, Lbhgmont, Colorado 80601 / DATE:December 9,1811¢ / TIME:1000 A.M. P LISHER REQUEST:Hearing to SHOW day CAUSE for revocation of USR Sub d and sw rn to before me this #874 of 19472-- • LEGAL DESCRIPTION: The SWIM end the W1/2 8E1/4 of Section 10,Township 2 North, Range 68 Wed of the Rh P.M., NOTARY PUBLIC Weld County,Colorado ISSUES:1. Devetepment My commission expires et y ( 99&,. Standard e2: (/ Approval of this plan Ing create •sled properly right punusnt to Article 68 of The 24,CRS,as amended. BOARD OF COUNTY COMMISSIONERS, WELD COUNTY,COLORADO BY: DONALD D. WARDEN, WELD COUNTY CLERK TO THE BOARD • BY:Shely K.Miler,Deputy Published In the WI Netts me 1Nr8rer H, 1888. • 921153 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #92-78, was placed in the United States mail, postage prepaid, addressed to the following property owners.DATED this /45day of 1/412 /, LAZA ) 1992. D ty Cler tO the Board d�L't KIRK AND DAWN HOLLENBECK 10003 WELD COUNTY ROAD 7 LONGMONT, CO 80504 JOAN AND VERNON E. KOLDEWAY 10465 WELD COUNTY ROAD 7 LONGMONT, CO 80504 ST. VRAIN, LTD. C/O RICHARD DOMENICO 8200 WEST 67TH STREET ARVADA, CO 80004 WILLIAM AND SHIRLEY SILVERS 10608 WELD COUNTY ROAD 7 LONGMONT, CO 80501 DOROTHY LARSON 10706 WELD COUNTY ROAD 7 LONGMONT, CO 80501 MOUNTAIN EMPIRE DAIRYMANS ASSOCIATION, INC. C/0 WESTERN DAIRYMEN COMPANY P.O. BOX 26427 SALT LAKE CITY, UT 84126-0427 PHILLIP CAMENISCH 10504 WELD COUNTY ROAD 7 LONGMONT, CO 80501 WILLIAM AND MARGARET KOBOBEL 7909 WELD COUNTY ROAD 5 LONGMONT, CO 80501 JOHN T. COPPER 9998 WELD COUNTY ROAD 7 LONGMONT, CO 80501 -9211$? HAROLD AND RONALD REESE AND CHRISTINE REESE MCCULLOCK -855 SUNRISE HIGHWAY LYNBORRK, NY 11563 RIVER VALLEY VILLAGE MOBILE HOME PARK 2 WEST DRY CREEK CIRCLE, SUITE 200 LITTLETON, CO 80120-4479 92115 MEMORAI1DUIll ID e To -Board Members Date November 5, 1992 COLORADO From Clerk to the Board's Office Resetting hearing date for Show Cause Hearing - -S°°"°` Camenisch On November 4, 1992 the Board set a Show Cause Hearing for Phillip Camenisch on November 18, 1992. This will not allow enough time to meet the publication requirement of 10 days. Please consider rescheduling the Show Cause Hearing on November 25, 1992, or December 9. 1992. (11/25/92 has four hearings already scheduled and Connie will be gone. ) 921157 ��y////��'�/� ��n��/�� EXHI-BIT// INVENTORY CONTROL -SHEET Casc h jM.lM 04.,121 0/Y1' ) ( U ic'CJ Exhibit Submitted -By -Exhibit Ilescription I 'lg A. ('Q -(-o lsoa.Ad 64.6 Lnof� <�Y�u) '(ua.-� yo( e J frl 2�/t_c no, I7 E. • et-n: rlla D. r(641103 Al ,gmt-e tide70/ppn; 'P- Fob. 0(30E. c �KA Apt/ Ate . atTA Al lititattatcfrAlC a-±"1-1 is/v F. PLIbU LSL0 to jk ALI# C h t dX0 Oh-G. ti)tej I t7(/t F 2Gyra'r, Vfityd- H. I. J. K. L. M. N. 0. P. Q. R. S. T. U. V. -'. X. Y. Z. 921153 ! I !- 12 CI.Ei LT) December 5 , 1992 Weld County Commissioners 1400 N . 17th Ave . Greeley, CO 80631 WE : _Philip Camenisch Mining & Asphalt Plant Renewal Permit Gentle men, Please -place this letter on fil-e in sup-port of the renewal application of the miming and asphalt plant for Philip Camenisch. We are m-eighbors to the applicant and support their en-deavers completely . Should you have need to contact us, pls.ase call 678-0443 or 67B-1183 . Sincerely, f . Rick L. Hiatt and Ronald L. Hiatt 3598 Highway 119 Longmont , CO 8-0504 Gam_ ' f`,�i , IL Sc A. .r)' Le , D max. 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' , `/7n :Iiesty,'/: u "C,C E 76 per^I-fr.c/, Co,'��'z�.w tom-¢ (tact, j (:--3) uL(kI. ct_i/iLL- u 4e 1 PeA Ci-e i PROBABLE CAUSE DATE: November 4, 1992 CASE NUMBER: ZCH-93 USR/SUP NUMBER: USR-874 Phillip Camenisch 10504 Weld County Road 7 Longmont, CO 80501 LEGAL DESCRIPTION: The SW4 and the W2 SE4 of Section 10, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: South of Highway 119, east of Weld County Road 7. It is the opinion of the Department of Planning Services' staff that the following Development Standards, as approved for USR-874 are not in compliance: Development Standard Number 2: Approval of this plan may create a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended The Special Review permit was approved on April 26, 1989. The property has not been developed. The ordinance provides that a property right shall remain vested for a period of 3 years unless expressly extended by the Board of County Commissioners. Based upon the above information, the Department of Planning Services' staff recommends that the Board of County Commissioners schedule a "Show Cause" public hearing on November 18, 1992 to consider revocation of USR- 874. 921153 INSPECTION REPORT NAME: PHILLIP CAMENISCH LEGAL DESCRIPTION OF PROPERTY: SW4 AND THE W2 SE4 OF SECTION 10, T2N R68W OF THE 6TH P.M. , WELD COUNTY, COLORADO. DATE: FEBRUARY 28, 1992 CASE NUMBER: USR-874 INSPECTION SHOWED THE GRAVEL PIT OPERATION HAS NOT COMMENCED. THE MINING PLAN SHOWS 15-20 YEARS FOR ALL FIVE PHASES. THE PERMIT WAS APPROVED ON APRIL 26, 1989 AND WAS RECORDED ON JULY 20, 1989. LANELL JK-SWANSON CURRENT PLANNER r t' 92 153 titt AvgHiirl DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 ' 915 10th STREET ZREELEY,COLORADO 80631 C. COLORADO September 25, 1992 Phillip Camenisch 10504 Weld County Road 7 Longmont, CO 80501 Dear Mr. Camenisch: A recent inspection of your property showed that the use of the property for an open-cut mining operation as approved by USR-874 has never been developed. Section 90 of the Weld County Zoning Ordinance provided a vested property right for the development of this use for a three year period. Three years have now passed since the approval of your Special Review permit. If you do not intend to develop the property for the approved use, please let me know. If you still intend to develop the property, it is the responsibility of this department to schedule a public hearing with the Board of County Commissioners so that the Board can determine if the vesting period should continue. The vesting period for the property may not be extended unless expressly authorized by the Board of County Commissioners. Please let me know as soon as possible if you wish a public hearing to be scheduled. If you have any questions, please call or write this department. Thank you. Sincerely, 01-16:21n1z(r) Lanell J . Swanson Current Planner 223.153 ( tv-12 ix- r ) i l .[ C l ` �i ( l1 a l k C O)lIu 1-E < L'C ,ti L 0C c eC-aI j .J0/.c ri:c (c - K k 'cc :Cc �! k (ttc . 1 `-t' /6'.z . -11 ( xtLr‘! f.( t nit t /1( c) <_, l\i - r 2`- , n- - Jit II) I / Z ( t L .�C <. ( e c c e C-t C "1-1 �� .l e t t�� i7 i� _� , r�v f K- I L (7 LL. 11(, - �`ct 1. .�72'C- /.'c , < �� c2_L Lc;- Ci6, �) NY' etYk { r C (._ 1/«,' c 1.! _ -I �cl( .CJ (( G' 6ic i .. C. ± . C� 1 ( ca t ....-C'c- JLO _7c2 .L// C. /C I C i t al c,l. c O A CI ,j/1-1677-://_(::. �r 1 1 )C t -(t-- (-( ` c t g-- _---%s , Rt�' s. III. 4. _,,,, lj Lett <3 c Y-0 cc ((C. ...--/a ;tic _ /za' ,1-- (Pc : - 7.-/K2-- , ,tc , Af, 7 T : Z r (C CC e._r !c e' c a tc . (. -t<cct, Jr'ti t ;: ;- //A ( - /Ir !Cacti C.cL /( CP 71it1,1L`/e_...2 ,..._,/../ / - C7�_. tf!`_'c- • J .iC(E .-I=E c ( I _.-/C FC z c re- // ,( ( (i ( Cl ' 7 /— /70?— n 797 Li 0 Viii) IL OCT a c iyye Weld Eoaniy Planning 921153 tne,"--T‘it: DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C EY, ON O17RA O8 UE 631 GREELEY, COLORADO80631 COLORADO October 19, 1992 Phillip Camenisch 10504 Weld County Road 7 Longmont, CO 80501 Subject: ZCH-93; Property located in the SW4 and W2 SE4 of Section 10, 'f2N, R68W of the 6th P.M. , Weld County, Colorado. Dear Mr. Camenisch: Notice is hereby given that on Wednesday, November 4, 1992, at 9:00 a.m. , or as soon thereafter as the agenda of the Board of County Commissioners permits, the Board of County Commissioners of Weld County will hold a Probable Cause public -hearing pursuant to Section 81 of the Weld County Zoning Ordinance. This meeting will take place in the Commissioners' Hearing Room, Weld County Centennial Center, -915 Tenth Street, Greeley, Colorado. The purpose of this public hearing will be to review Case Number USR-874 for compliance with the Development Standards as approved by the Board of County Commissioners on April 26, 1989 to determine if probable cause exists to hold a hearing on revocation of USR-874. Inspection by representatives of this office have identified that you are not in compliance with Development Standard Number 2 of USR-874. If it is determined at the public hearing that there is probable cause that you are not in compliance with the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of the Special Review permit. If you have any questions regarding this matter, please telephone. Respectfully, Lanell J. Swanson Current Planner LJS/sfr • ll5n CERTIFICATE OF M -A I L I N G I hereby certify that 1 have -place-d a true -and correct -copy of the surrounding property owners and owners and lessees of minerals in accordance -with the notification requirements of Weld County in Case Number 2CH-93 for Phil Camenisch in the United States Mail, postage prepaid First Class Mail iby letter as addressed on the attached list. this 20th day or October, 1992. 921153 iiStarg DEPARTMENTOF PLANNING SERVICES PHONE (303)353-3345, E-XT. 3540 WI I D i WELD COUNTY ADMINISTRATIVE OFFICES 140 ON. ORAAVENUEO631 GREELEY, COLORADO 80631 COLORADO October 1-9, 1992 TO: SURROUNDING -PROPERTY OWNERS Subject: ZCH - 93 NAME: Phillip Camenisch FOR: A Site Specific Development Plan and a Special Review permit for an _open pit mining operation and an asphalt and/or concrete _plant in the A (Agricultural) zone district. LEGAL DESCRIPTION: The SW4 and the W2 SE4 of Section 10, T2N, R68W of the £th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles northwest of Firestone; west of and adjacent to the Del Camino area, south of-Highway 119, east of Weld County Road 7. A Probable Cause Public Hearing is scheduled before the Weld County Board of County Commissioners on Wednesday, November 4, 1992, at 9:00 a.m. in the County Commissioners' h earing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. The purpose of this public hearing will be to review Case Number USR-874 for compliance with the Development Standards as approved by the Board of County Commissioners _on April 26, 1989 to determine if probable cause exists to hold a hearing on revocation of USR-874. You are receiving this notification because your property is within five-hundred (500) feet of the property being reviewed. All _persons in any-manner interested -are requested to attend and may give testimony pertaining to and the uses occurring on the approved site. For -additional information write or telephone, Lanell J. Swanson, Current Planner. 921151 SURROUNDING 3ROPERTY OWNERS AND/DR SUBSURFACE ESTATE/INTEREST OWNERS Phillip Camenisch ZCH-93 Kirk and Dawn Hollenbeck 10003 Weld County Road 7 Longmont, CO 80504 Joan and Vernon E. Koldeway 10465 Weld County Road 7 Longmont, CO 80504 St. Vrain, Ltd. c/o Richard Domenico 8200 W. _67th Street Arvada, CO 80004 Willi-am and Shirley Silvers 10608 Weld County -Road 7 Longmont, CO 80501 Dorothy Larson 1070B Weld County -Road 7 Longmont, CO 8O501 Mountain Empire Dairymans Association, Inc. c/o Western Dairymen Company P.O. -Box 26427 Salt Lake City, IT 84126-1)427 Phil Camenisch 10504 Meld County Road 7 Longmont, CO 80501 William and Margaret Kobobel 7909 Meld County Road 5 Longmont, CO B0501 Jahn T. Copper 999E Weld County Road 7 Longmont, CO 80501 Harold and Ronal Reese -and Christine Reese McCullock B55 Sunrise Highway Lynbrook, NY 11563 River Valley Village Mobile Home Park 2 West Dry Dreek Circle, Suite 200 Littleton, CO 80120-4479 +N1y.� S `Yi tR * r ." .' ,ti . l S NTe t, l •chic II. •it .. , ,t1 )t r 1 l J 1 ' /.`r ,1, 1 ^l Z r0�It` l l 7.n .7 . .e...1i 7� ♦,. 1 1 •( Y li ,,• 1.4r1K;it*, sr i�a t ~t o. l ..1l'4jl; f�,Y;,, 1 , ,e ,�d t f . A', ` f ( t , t 1,. 4+lVy.,,tfr si* Ya /...-:.??,...,f , s t 'V , n ,f• ..,.'1 i4 f r l i , , r ,r t " 44 a w..J e, , .n,. TeN ! r+! 1` 5l, q:a1,h, re" 1 y i - . f r •t. Z1'4.r tz r,t“belt4 r,Y,'}•� v�t,u, fiyr,y !" y �tt,...4"C t ra4 (i 7�tr'� v9 trt \.s. 4IJ Y- ,t.% r I ` � ) S{r� 11• f s71trc1�l till�y.l ,alts rl 1.. rr f,� ri `' f4y•�, Jlts1 sA (;. 1, \t t� � trI.X II r, 1, M1'J ,, el rr ( y�, r J . 111/�, ; 1 t t „..,4 t1�, t, , d(+�'•'a4li ,� }y, 'Irr la ly r) F qqyy I� t .,yr y i -e.., tt+vnj)r )i)),1 ,,,l t# r'. i tt 'I11t'.f,y,lwf,,r. , fF5�Yr�ni..oz f1J,,i; , rc rt Fi',11'.; . ,,.?1,„.) 4,t , 1'r (a. Y' J rtr)r f• , t I�))1f1y( 1l' Y, 1 ,I ,I, t 4,11f pc r 4 ill 11 ;Al ,1 Il tt11'+J.ys .t-3 .; . < 1,�•J,et f• F,t`.4I i° t tC rr J.4J/ ;1`�Ns i Jr.t) 5 JJ v 1..t.�'„ r !tl t,,piIv, t'u,,�II .(e or,A, ri,. .. ' 't,i�il1A14t l,1, Ctt e 'd? {" ;t..41*, 't+ , ♦r A ft t{ 1{ 1.� -,, I tt -,,I,‘,3,-„,-,�1� +,t .5r7�, • i" 1 r+r,a ` i r t t tiS.f (., 1,74i1u + It:fit tlbr';! ti,t ti, ,..yy I t,,y�y. 4Y,tt( I „4.t.Y;n`r Yr, i r 7',s„. `. J 1,J., I lb Ltic a 4'A L., i 1 R:;.1.14 N'rY3 yr l a lx�ti`}b\lya '1At ift 41.}sispiA .04:4.)a:,••Pith "a 'Sl�i'}w '9tKNf,$ce1�4,ta• !t: it . :kti 41., x°'('784 a°1 6' DEC 101976 r; Rnordrd at 0 ... ._... .. odnk _.._?I, _.._ .. __. , 1 .f s WAY A10.1 1kV: d RS-R.1u . .. R.,0, ,r. Reception So. .. . 1 VS(�Q� tT .,.,R RUSSELL J. (MEN and CATHERINE C. (EEN, 1. husband and wife, _ -v hose address I. 1020 Emory St roe t, Longmont, Stole Toot aenlo&Y Fee c County of Bou Ida r ,State or Dole_1[S,St--11--lazb— i s._7 _C?4 -o r Colorado ,for the consideration of Ten dollars and other valuable consldetatlon I •, ' .c p dinars,in hand paid,hereby sell(s) and concey(s) to SHIRLEY A. CANENLSCII and PIIILLIP E. CANENISCII, n 0 , whose address is Route IF4, Box 57. Longmont County of .17 r Weld , and State of Colorado the following real property in the O O c ,� County of Weld .and State of Colorado, to wit: c._ The southwest quarter (51.11) of Sect ton ten (10), in Township two 6 .4 �_ �• t� " (2) North, Range sixty-eight (68) West of the 611. P. N., Wald County, O : Colorado; together with all ditch and water rights appertaining to said said premises, including three and one-fourth (31) shares of the capitLt stock of The Rural Ditch Company; and reserving one-half oil, #"' )J f,' ('t: of all/coal, gas and other minerals for the life-time of grantors') h, r 3.' " 4 + r. I. . t. f, .I.C'''T T� � r , ","'..1 '.I t.r with all its appurtenances, and warrant(*) the title to the came,subject to taxes for the "71t•.F✓� tS`-1.,,-14 year 1976; and existing rights of way and eaaementa; �f+y 1 ?, y: I IL', ) =w 4 ti' ` , srt - `i ''N•, Sed this ' ', /J day of Av�e}t . 19 76 K4',,y1.„'1t t FJ w ,1 t:44°41 , r , " ( STATE OF COLORADO, ) e ,4 ' t' u. 4 ,,y _,,,} County of BOULDER S r :. C. r 1 r .1 The fore¢oln¢ instrument wasacknuwled¢ad before me thia IS t 1 ' ` day of ,.a.,,ll,�� yeti-. ,lg 76 ,by Russell J. Owen and Catherine C.Owen, /""X„ husband and wife. ry D .SC III z,�Q� t1�.t4J comrn$&teipim /t '/'/ 1%7% / 'T .i ��yy 7ih�ntl official seal />, :l�i�,��rtji,ta/gtd --) / 1i J rs, yet , r % , .. 0 �" 'ha OR Cp` L''' .. L is.,al. W..,wr aw-nett r...-a..af.ra nwuw C...1.4.44 a,..t a,,.w,w.n,.c.t«N. a:e °ti , .,,,4, tp .� N 7: tp 1 , f , t 1 1 • i,.: '1 yi t t , r J ._ "wr M1414,7,}u { `l14i;',. (?,.. • • •,a •"Jq^ ;l: v„ Vi'• ,"ie10.'' . wit ,Sr l t7rt.• t :k: I..nh- 9 'tr't ✓... 1'-1f 1.1 K SAt' t' ,I'QCY+l' 0,L,. 'di ,�i(,'r'rl tAz t,„,.N.. .'ilFC..„T.,e[ `i ,,,�n .�F ,s ,$ 'hit 1 1 i�� .1 ¢� 6t+ 1t�;, .,:v)1 1 i T t+��.f a'y 1 ,li T fti'lf Si(lif^a.. 1 IP.a..J `td • Y Yj �-7 tt It 'b t , 1.9 r eri,.,^• [ants• ' .1 �d 2 l r • 5,1 r � A23 iA._ISa. I \_MJy� 2.!As tr J9 1 i. 8 c {, ` _ 1 • .'ea ;: 1,C {k{ { 1. 1 r: 41iS t 1 r I 1 0i.n'1/4 ( iC j 1 't t4 '. Y RI .1 s aI' l`'i Ati )+�•J } ayitcy 0�>Li,WW�a;.:; , J 1•ftnin t nY .- " N) 12 Yr.+4 t. ship, t ' r ll!1 ,P 1`e •fl y j41_t�yl. Cl "i li1-till �',� N JN , ��',, lib, lf'Y,.{.. 1 11 eY 1. { W,: p H, . 'Irti y� 11 ; .Fell, 1 ` ip l '4.r.t4.1....4 t'1/Ff n 3• I {•d \ Jx•t f VP1ja4l`1.+r•.! 4 .�L > 7 • Lfi:.'a_.r r'G wL`s�7.1TP.M-j`1t. 1,a..uA.� ;1i0�'Yt.t "J. I 1 '9J 1 \ ere.. J( 1 + t : 1fj1 elt tai a4..S J.6.ttfr I, IfJ' :lt/} t([. V , '1-iVre.S,If {{.+ I�Jt(w4".1..' .rJt{ tin lY ^a ' : ytAr . ;1 ft t s'..iat '1 'P Io "{ay t. C4 f r I1,Mf"1i .Ll"7!,iirt t Yi 11[1 .rte j 1 F4 i ua t } ,E .r e "t FI �F ':t 1, .v�. r II. ( .,. ,,)I..lets TiJ}- r•••-••• ev�.•ina rl h 41. d drF • r / { ��1\ tj' r - - c '•t I ..i:,.$ c p ^l p f J. t�i+:'"itf 1" 04 t SS R5ord•d al._ f4. o'nocLY _ .M.........I�AII....Z..,3...1976 3...19Z6.----..-....-- 'i +k'< fy ,i,' • c i 1lr"73634. S, L t ;t t, ;$'44 fY i ,11 -H•e•pllon No F SiS RILL .14 ._-not-order. �r {'Si it i$:'4::,',-;....',.-.,, __� C4 ' jf 1 r). 1 .,.`*1 7 o 1: ay OJ., u,,.1, 4.r;;'�g Jtt.t Pry;' Y( d�i rte .1. ' This DEED, mad. this ......day of .,a nut.ry , 101 r ,� •;t"`�rrI.11, �y1!"' C,I t•4,i .tti 1 y 1 �i^t,▪a. jp k ,cppl , 1, n betl,..o shlr'1-Ey Ann amcnVsai. f r+ n. �' 10.i r HFyi e( S, h, e+ '�r , f-'1 - 'of tM County of Weld and.tali of 1 in. ,,°r i�{ +0 Colorado,of th.font part,sad L. .J;t .. ,1.I i` 1 ..S Phil Lip a. •.onenluon .1";":-:-. 4:• :,',r,:',".2,':, • ;i , r i +') ?L :'-i i, .-1 a the County of '.l o ie and state o{ t t S 1 t' itfyif I 1'M Colarmki,•f Os a.mod it 1. J iii; It , part, rN. r-ar)i liK tr � • WITNERSETN•That the: sail pony of Ur lint part,for and In consideration of the sum of ..n..1.-.:: to J ›c: o One Dollar :nd other :nnalne•rat tun DOLLARS, vV"CIA* %i fit, ♦•tt' .14I:+t:1�4 4 w mile mid party of N.Mot part to hand paid by lb. rid party of U.. second part, the r.n.lpt whereof I14 tif)friii ti ti', eta i. e-1 4 hnsby confn..d and .clnowl,dr.d, h.a frothed, reksad, sold, conveyed and QUIT CLAIMED, and by 1# fi},d FT`,jr'�{. 11( i I?!/ l 0 tows preemie do maim,release, 511,convey and QUIT CLAIM onto the said part of tha secondpart, I:r' 1✓t) 1T,. SB qW.. -r 4'y, 0 Mi• heirs,.ace.saors sad a5lgns,fonnr,all the rl lht, title. Intermit, damns and demand which W. id pig .r9ntt)K I•0t 1,1) i'n)il ''+s= part y of l .first part ha II In and to the following described lot or parcel of and shoats, tying and r�ii�t.`;".Ii t y{{Ytr• d! e4^}f'hir i tr i. .a being la Um --County of :/Ci d and Mats 4 Colorado,to wit: 1�i1"'i hr{k 1} 4 4S�t it 1(?t. A 1t,,or 1 '"i z^a 1*4 4' .: f�+ Tne sou thweet quarter (S.i ,)o: suct.t.,u taut. { tuts In :0-Jr:sr.lp La , r'(91 c � �Y ''� jfe� 'y▪ .1k g (z) north, of r:nrF Rlxty-c lent (fit:) west, in Weir: ;cunty, ;olorauu �yt1,�'1 ' r�f° j"`l.�''j. p1 14,•i '..}'•3�l L./Kutner with all a St::, nn❑ water rlrnts ft,,pe rta in'_nr to at:l0 "'j'ttn i`�yes t3 ''S 1 ( 1r.: inr. 9lan•, ao...uu.uv. ,ant ea nno one-:cartn (S:) ohr,rca o!' the eapltr_1 V„ii:4114,1''� Eas,:Irrl!•. P . ";t`,c,' otooc or the fluraa Cit,, 7o:a....ny, aucdu;t to czastlnf; rtz'nte of •Kuhy... 1:.: . • ,(,AµN rrvh., way and easecent.a. r rtico-al .*i' n 7. t1S 7x1+ y, 1 .y :1-•::>l�}�J, iJ'. 1 )v ''i 4•f?, 1- f iyTt i t!: ya ! bf N . " .i. rli i w: �{ tit j Av.:, Kl:,r5lt l'�y 113 I < } C 4+ t,� v,ItJy qr ;V".,,t4a:u"�� :: 1.,Q ^ ,(4,144.....1.7...,„▪ fftJY. 7 t1J ifl , L1 . of df 0,.....,).0.:."..,)) k4(t. : �y 2 a4, ltft 114,;4740104/.2i, b' F¢ al r i, tpn f,r v.141 t: 5%4I.1 q;'" 1$ i 41., G > V i • j 1 lj f1 1417 . t- ' dk i ..4,11.4.'6[1:4 TO HAVE AND TO HOLD'ha same,together with all and singular awl appurtenance'and prllaega ttar.uato )tlj.firs e.• �af ' $t 4- I 14' beaoging or in aywl5 t rrsuntn appertaaag,and all ths estate,right,title.Inamt and dais whaao.rnr,of the °t ti 1 M1;!,',,...,, t'1 'bl J,-'tl4 1 , sald part y of the Ent part,tither a law or mulct, to Om only proper use,benefit and taboof of tta said `I "r 1 it I 1,' f p �it^n`q ' party of the second part, h t theln and assign fonnr. t fi(r�J i• 1( t v1t wt '�('i1�'e�1Ste IN WITNESS WHEREOF,Th.said part of tbl first part ha g "errant*5t her band trC�iti 'I �%r t)�1 ,b: ' �ftt and Sal the day and tar first abort't mitten. C ., ;i'("4,Ff S,4 L: 11 � ?t f ett // ; 4.r e t.:,a )t1 . �'. ! `Y.� 1ii�'Fa . _ :44.O..y. .,I:.L.?.r.:[xcCd ISEAIy t'f, �Y ,' jli i ry �`S' 1i t I i' t• t Slgn.d,Sealed and Delivered a Ur Presume of f't( ^1 ei�1f o' 1.41.4L ,4:0 .------ -- --ISEALI •tr 'S I n f;', it' ; " ,, tr to i�r (7 tlV1i(*r 4.t.. 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( i . � �'.. n j f � ( ,,+a55 Ya �' r� �? , )}• J,IY aM , r ,'�� t +' i" > t f,.,,*. 'nq,tt , , .4 7t < v • t� ityp ,1,e,s n 1., tI.,1)+f trJY o `l�rV.: rite;�p4.@ 1; 1 ' 1 p ',.li Ir 1i lgli •• '''•0'• YZY414.21'01, 1.4"4.:aJ f,r ) T1 !': .d1 ]sat ,�, O It 'Lf. '� ^ } „t l r'!' a.1_ t. ,1 1r a . . { . '-"� I i 1•LL. Ins[ P . •. G p ,•r.Y t �J'. �y.6.�^,I�r'y )Sn iJ.0 Yt tl,s 3 SR �; . 1 „fs�l Mlh"M11tf..a u .7 it', e: . <. t r61 i4 f`'l.S�7 ^ d. rtl. !. l J Yy Reception i - JV57 O e Recorder. T7— The Longmont National Bank, Trustee Mary Camenisch Trust whose address is 436 Coffman, Longmont taN County of Boulder ,Mate of Colorado , for the consideration of • _dollars, in hand paid,-hereby sell(s) and convey(s) to -o Phillip tamenisch whose address is 10504 Weld County -Road 7, Longmont County of r•1 Weld ,and State o1 Colorado -the following zeal property 3n the cr Cl County Dt Weld ,-and Statenf Colorado, to wit: An undi-vided 1/12th interest in and to the West 1/2 of the Southeast 11-4 of CD Section 10 in Township 2 North of Range 68 West of the 6th P.M. together with •,� an easement over and across the North 30 feet of the Northeast 1/4 of the Southeast 1/4 of said Section 10 for road purposes for ingress and egress to and from the West 1/2 of the Southeast 1/4 of said Section 10; and together with all ditch and water rights appertaining to said premises. with all its appurtenances, and warrant(s) the title to the same,-aubject to a Signed this a5--d- Say of 11-44-- , 19 mil. p / )Gno.11-41- F04144 /SI4J/cj I T7 R4%-k-[ AlA art A-a.cN 7e€.7"- �x+s t>^-G y 71a ji dk la... -STATE OF COLORADO, (/ ss. County of .?1,au, The foregoing instrument was acknowledged before me this asi'' day of y4st ar •e* , 18s'I , by-}D„� :% SG�1zbry { ruse P�i�.cey lvty commission expires -3-0-vv-tan ls lira- Witness my hand and official seal. , • f1 Nstaq,%thm 's y 1/1 R %tituto4 .�ek otele:lpmeet.—If by natural person or persons here insert name or names: If by person-acting In representative or offV&fT-'flr-acIty:or as attorney-In-fact then Insert name of person as executor attorney-In-fact or other capaelty or deeerip- `ni•tliypa 1.1 to ft/leerof corporation then Wain name of such officer or officers as the president or other officers of such cor- o `I No. HIV• Hlirentf Denl—eher^ •n--6ee.tl/•i-iI.C a9.1513.J)ndford-Publhhing CC-2 HO Stout Street.Denver.Colorvh -q� AR1912784 O19f'?7lJA f :?/'x'0/13? 013 : ' Fa.Ou I '„GLi) H OG' . ORDER WELD (. 1; F OL . Mr„er ANN FEUFFSTEIN GI EF h DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE. THIS DEED IS MADE BY The Longmont National Bank, a national banking asso- ciation, as Personal Representative of the Estate of J. P. £amenisch, Deceased, Grantor, to DAVID E. CAMENISCH, whose address is 3598 Highway 119, Longmont, CO. 80501, PHILLIP E. CAMENISCH, whose address 1-s 10504 Weld County Road 7, Longmont, _CO. 80501, and -ROBERT J. CAMENISCH, whose address is 4513 Weld County Road 32, Longmont, CO. 80501 11\0'GRANTEES; �f Keej WHEREAS, the above-named decedent in hie lifetime made and executed his 9 LC' Last -Will and Testament dated June 26th, 1974, which Will was duly admitted to 'in- formal probate an February -4th, 1981 by the District Court in -and f or the County -of Weld and State of Colorado, Probate No. 81 PR 32; WHEREAS, Grantor wan duly appointed Personal Representative of said :Estate on -February 4th, 7981, and is now qualified and acting in said capacity; WHEREAS, the Grantees are the persons entitled to distribution of the hereinafter-described real property, and Grantor is authorized end directed to distribute the -same to Grantees; NOW, THEREFORE, pursuant to the powers conferred upon _Grantor by the Colorado -Probate Lode and by said Will, Grantor Does hereby well, assign, transfer and set over unto Grantees, an the per-sons entitled to distribution of the property under the above tcaptioned Will, the following described real property situate in the County of Weld, State of Colorado, to-wit: An undivided 1/4th Interest in and to the W1 of the -SEA of Section 10, in Township 2 North, of Range -68 West of the 6th P. M. , together with -easement over and across the north 30 feet of the NEB of the SEA of said Section 10 for road purposes for _ingress and egressto and from the W1/2 of the SEA of said Section 10; and together with all ditch and -water right-s appertaining to said premises, including 2.2-9 shares of the capital stock of The Rural Ditch Company; with all its appurtenances, subject to existing rights of way and easements -and lien of the 11JB2 taxes. . EXECUTED THIS 14th day of December, 1482. THE J.ONGMONT NATIONAL BANK, a national banking association, as Personal Representative of the estate of J. T. Cameniach, Deceased, ?eat°Tom R. Kiteley, Trust Offi er. State of Colorado, County of Boulder, ) se. The foregoing Instrument was acknowledged before me this 14th Day of December, 1482, by Tom R. iCitelty, Trust Officer of THE LONGMONT NATIONAL BANK, a national banking association, as -Personal Representative ofthe estate -of ,I. P. Camenisch,,,Deceased. ♦ ,.••• W eg\ my hand and official seal. F - \\OT * ot= iron expires July 27th, 1983. ��7 •• \t11/4 Notary Public. OF VCS 401 -Main Street, _Longmont, _CO. 80501. Mail future tax notic-es to: Phillip E. Cameniach, 105D4 Weld County Road 7, Longmont. CO. 80501. 9211151 AU191085 Recorder 4i O•rti% hl:i: 01912705 12/30/62 1 : `:i1 $3..00 1 /001 O895 MARY FINN f L UERS I E IN CL L kk lr FD COI DER WELD CO, u0 EtccevtimO 1= DAVID CAMENISCH, also known as DAVID E. CAMENISCH, whose address is 3598 Highway 119, Longmont, County of Weld and State of Colorado, and ROBERT CAMENISCH, also known as ROBERT J. CAMENISCH• whose address is 4513 Weld County Road 32, Longmont, County of Weld , State of Stale Documentary Fee '0\e Dale DEL.3 n 1482 n!o(/' Colorado , for the consideration of SEVENTY— r Q ht S ^_M r G NINE -THOUSAND SIX HUNDRED SIXTY-SIX NO/100 — •••-• L 1 • 1 4� dollars, in hand paid, hereby sell(yand convey(*) to 1 PHILLIP E. CANENISCH, whose legal address is 10504 Weld County Road 7, Longmont, County of Weld , and State ofColoradothe following real property in the County of Weld , and-State of Colorado, to wit: An undivided 1/3rd interest in and to the W!1 of the SEt of Section 10, in Township 2 North, of Range 68 West of the 6th P.M. , together with easement over and across the north 30 feet of the NE1 of the SE1 of said Section 10 for road purposes for ingress and egress to and from the W' -of the SEZ of said Section; and together with all ditch and wat-er rights appertaining to said premises, including 2.29 shay-es of the capital stock of The Rural Ditch Company; also known asstreet and number (unimproved) ; with all its appurtenances, and warrant(e) the title to thesame, subject to existing rights of way end easements end lien of the 1982 taxes; and oil and gas Leases _of record. Signed this 15th day of Dece r 19 82. ./ Day,}) Caste 1. h�3so known as: f!.. .!g,.Ala-u�..K..r:r-r.. :t • D CamenClyiCTypg,;( R e _C enis 1, al-s known as: STATE OF COLORADO, ss. .... ..a County of Boulder, } R er J. : nisch'w'�?A�fa+N 1..................... The foregoing instrument was acknowledged before me this 15th day of,,,,rDecefaber , 1982,by David Cameniach, also known as David -E. Caimtt),, P; Ind by Robert Cameniach, also known -as Robert J. Cameniach. ' Yvfj commissralit spates July 27th, 1-983. 1-4140elmt-ar liraiditpd-0fflcial seal. lfai'1' }tWc? ;axtrrgticea to: Notary Public Plant(�D, Q;ide°ltfiteh, 401 Main Street, 'Weld•• Longmont, CO. -80501. 10504 CoLnt� -Road 7, Longmont, CO. 805_01. 92 r t- -No, HE Warrant! Ueed-8hon Form 1od ford Publlahlug, 5825 W7-sib Ave t sore i-t'n d�i�t• gin+,�� -- IR37M85d3 q B 1014 -"EC 01948523 11/30/83 14 : ' U $3 . 00 1/QUI N F 12c9 tY ANN FEUERSTEIN CLERY 6 CORDER WELD CO, CO DAVID E. CA}IENISCH and GLORIA F. CAMENISCH, (C4 • whose address is 3598 Highway 119, Longmont (80501) State Documentary Fee Dote NOV 30 iii, • County of Weld , State of $• • J1 Colorado, , fur the consideration of ONE IIUNDREI SIXTEEN THOUSAND ($116,000.00) COLORADO dollars, id bandpaid, hereby sell(+Itand conveyWsto FEE 'PHILLIP E. CAMENISCH, $11.$11.60 whose legal address is 10504 Weld County Road 7, Longmont (80501) County of Weld , and State ofColorado The following real property in the County of Weld ,and State of Colorado, to wit: An undivided one-half int-erect in and to the Wls of the SFls of Section 10. Township 2 North, -Range 68 West of the 6th P. M. , together with -an easement for road purposes only for ingress and egress over and . across the foll-owing described property: The -north 30 feet of the NE1 of the SW* of Section 10, Township 2 North. Range 68 West -of the 6th P.N. ; _and together with all _ditch -and water tights appertaining to said pc-manes,nes, including 2.29 shares of the capital -stock of The -Rural Ditch Company; RESERVING, HOWEVER, TO THE GRANTORS. -a non-exclueiv_e right of way -and easemprtt for lateral ditch as now existing -from a headgate in the Rural Ditch and running thence northerly to real property lying north of and ad- • jacent to subject _property, and a non-exclusive right of way and easement for toad -adjacent to and west 'f said ditch, for ingress and egress to and from said lateral _ditch and headgete; alsodcnown-as street and number (unimproved) with all its appurtenances, and- warrant* thetitle to the same, subject to any liens of -any taxing districts. existing rights of -way and easements Signed Ulia 28th day of No er , l 3. • �a�vj�id Cameniach a /J / Gloria F. Camenisch STATE OF COLORADO, ._. . County of Boulder, ,.•1+-It fDrey4ipg Instrument was acknowledged before me this 28th daOf '•'Nov pgtl , 1983, by DAVID E. CAMEN1SCH and CLOICLAZ+. CAININISCH. oTA.'r'•. '_, a Myccutalssiorexptres July 27th, 1987. von li t+std snick 9fflclalaeal. Nail IttAtat iis'r1ut imea tot 2adoe.• Philiip,.E,,,Catbenisch Notary Public 10504 Weld County Road 7 1401 Main Street. _.ongmont. CO 80501 Longmont, CO '80501 • • Na. amp. tt' tr-D.1d--a WI Part Brained Potomac sin w.Sib Ars..4le rout fO S0S 1.—po11111-N0r -- - January 21 , 1990 page l LEASE AGREEMENT FOR SAND AND GRAVEL 1 . PARTIES. The parties to this Agreement are Phillip E. Camenlech , ( "Lessor" ) whose address is 10504 Weld County Rd. #7, Longmont , CO 80501 , and C & M READY MIX CONCRETE CO. OF BOULDER, a Colorado Corporation , ( "Lessee" ) , whose address is P.O. Box 490 , 7316 Niwot Road, Niwot , Colorado, 80544. 2. RECITALS AND PURPOSE. The Lessor Is the owner of real property in Boulder County, Colorado, described on Exhibit A. Lessee operates sand, gravel and associated activities and desires to lease the property described on Exhibit A from the Lessor for the purpose of mining sand, gravel , and their constituents, and conducting its associated activities. The Lessor desires to lease the property to the Lessee upon the terms and conditions hereinafter set forth . Therefore , the purpose of this lease is to set forth the terms and conditions of Lease between the parties. 3. CONSIDERATION. This Lease is executed by the parties for and in consideration of the royalties, terms, covenants, conditions and agreements of the other party as herein set forth . Each party agrees that the consideration given is good, valuable and sufficient . 4. LEASED PREMISES. The property subject to this Lease consists of the real property described on Exhibit A, which is hereinafter referred to as the "premises. " 5. TERM . The term of this Lease shall begin on the date hereof and shall end of the twenth anniversary hereof . All obligations of the Lessee with respect to the reclamation of the leased premises shall be completed within the term of the lease . 6. USE AND POSSESSION OF THE PREMISE-S. The Lessor tereby grants to the Lessee the exclusive right to prospect for-; mine and remove sand, gravel ,(. miners and �� associated materials from the premises urTng" he term of \ this Lease . Furthermore , the Lessee shall have the right to conduct related and incidental activities in association with its mining operation , specifically the construction and operati-on of either concrete or asphalt plants. The Lessee shall not make -any use of the property which is contary to applicable zoning regulations or contary to the provisions of any permits issued. The Lessor reserves the right to use all portions of the leased premises not necessary for the Lessee's activity and the _Lessor shall at all times have the 9285? January 21 , 1990 page 2 right of access to the areas being used by the Lessee for purposes of Inspection. In the event the Lessor uses the surface for the grazing of livestock , the Lessor will be responsible for fencing livestock out of the area where mining and related operations are taking place and the Lessee will not be responsible for injuries suffered by livestock In the area where mining operations are being conducted. The Lessor shall not engage in any activity , including the running of excessive irrigation water , through or near to Lessee's operations as to unreasonably interfere with Lessee's operations. Any sand and gravel removed from its natural state and stockpiled on the leased premises or on the processing and stockpiling site shall be the property of the Lessee , subject to the payment of royalty upon removal from the leased Property. 7. ROYALTY. The agreement shall be for $.45 per ton for all processed gravel products as they are sold from the final processing area. Subject to the following terms. Non-refundable payment . The Lessee shall pay the L.„ tiL um-of $1 ,-000 .00 kimultaneously =E9with the execution of h i s Agreement . �'advTtcopa4taeA ag t is h �'r SPe e-dc, The advance royalty shall be nonrefun-dable . b. Advance payments. The Lessee shal l pay a minimum royalty of $10 ,-OO_0 .00 per year . Th. s!-paymentCshglt„be ara �aga�Yn-st-i�u-t=�tr�3O��•l�t�� t;!}�, �ie^Z1uE .' In- the event that actual royalties due for products --- sold from the property exceed the minimum royalty than the larger figure shall be paid yr::tvrtthe—rtai-r,�-ltaum ` _ t.ed-4ga ii-ttst $b, c . Top Soil and overburden royalty . The Lessee shall pay $.20 per ton for all overburden -material , shale , top soil or other earthen products, which materials are suitable or acceptable as structural 1111 material -and are sold from the final processing site . The royalty payment shall be adjusted annually on the anniversary of this Lease, beginning with the anniversary in 1989, by the increase in the U .S. Price Index for all _Urban Consumers (CPIU) as published by the U.S. Department of Labor. Royalties shall Jae due and payable on or before the 20th day of each month during the term hereof , for the preceding -calendar month . The amount of material removed 9211.5' January 21 , 1990 page 3 shall be based upon weight and Lessee shall weigh all material removed from the final processing area. In order to permit the Lessor to verify the amount of material removed, the Lessee's books and records relating to its activities under this Lease shall be open to inspection by the Lessor , or its representatives, at all reasonable times provided that the inspection shall be conducted at Lessor's sole expense and shall not unreasonable interfere with the Lessee's ongoing business activities. 8. RECLAMATION. It is understood that Lessor has developed a reclamaton plan which has been approved by the M. L.R.B. , the Lessee shall mine the property in a manner so as to comply fully with the terms and conditions of the approved reclamation plan . 9. PERMITTING. It is understood that als required for the mining operation shall be the responsibility of the Lessc4A Thy Lessetshall cooperatd.en in the acquiring of these permits to the extent possible . 10 . EXECUTION AND RECORDATION OF MEMORANDUM OF LEASE. Upon execution of this lease the parties shall -execute, have acknowledged and record a memorandum of the lease to the form attached hereto as Exhibit B. 11 . NOTICE. Any notice required or permitted to be given by the provisions hereof and payments from one party to the other shall be -sufficient if mailed, postage prepaid, and addressed to the other party at the following addresses: Name Address C & 'M Companies P.O. Box 490 , 7915 Niwot Rd. Niwot , CO 80544 Phillip Camenisch 10504 Weld County Rd #7 Longmont , CO 80501 12. WATER RIGHTS. The Seller agrees to provide any ditch or water rights which are required by the mining and reclamation plan or by any augmentation plan, or substitute supply plan which Ys required as a condition for the conduct of mining activities on the property , to the extent that Seller owns such rights. ,4„ dt, ,/ watt\ 13. INSURANCE. the Lessee agrees to Indemnify and save Lessor harmless from and against all liability , damages, and 92115,' January 21 , 1990 page 4 Judgments arising from injury during the term of this lease activities, acts or omissions of Lessee . Lessee shall further defend and hold and save the Lessor harmless from any civil or criminal claim against violation of conditions of any such permits or licenses or claims of damages or loss or for personal injuries or otherwise . To secure its obligation for protection against claims which may be asserted against Lessor, Lessee agrees to maintain in full force and effect during the term of this Lease Agreement workmen's compensation Insurance and liability Insurance in a form approved by Lessor In a reputable insurance company authorized to do business in the State of Colorado for a minimum coverage of at least $1 ,000 ,000 .00 . 14 . NON-INTERFERENCE. The Lessor shall have the right to mutual ingress and egress upon said premises and shall retain all right , title and Interest therein not specifically granted to the Lessee In the Lease Agreement . Lessor agrees during the term of this lease or any extended term not to construct or allow to be constructed any permanent structure or Improvement or any temporary structure or Improvement or to engage in any activity on the demised premises that would interfere with Lessee's use of the demised premises for the purpose stated without written approval of Lessee . 15. ASSIGNMENT. The Lessee has the right at any time during the term of this Agreement or any extended term to assign or -sublease all or part of the rights granted by this. agreement with the consent of the Less�oor , which consent .) shall not be unreasonably withheld. .%tlowewe?' essor or hereby roves an assI gnment to and assumption of obligations by av Irl Nystrom l 16. RELEASE. The Lessee may at any time execute and deliver to Lessor or place of record a release covering all of the demised premises and hereby surrenders this lease from and after the date of such release , thereby terminating all obligations hereunder except accrued reclamation obligations and any other obligations that may have accrued as of the date of surrender . 17. SUCCESSORS. The terms and conditions of this Agreement shall inure to and be binding upon the assigns and successors of the parties hereto. 18. PROPERTY TAXES. The Lessee shall be responsible to pay any increase in property taxes that are caused as a result of the land being zoned to a mining use . Such taxes will be paid on or before they become delinquent . S21153 January 21 , 1990 page 5 " 19. FIRST RIGHT OF REFUSAL. In the event that the Lessor receives an offer from a third party to purchase real property _or water rights for the leased property or adjoining property, and the offer is acceptable to lessor, it is agreed that the lessee shall have the privilege to purchase the said property at the same price and on the same terms and conditions as proposed. The lessee shall have a period of thirty (30) days in which to consider such proposal and shall either accept or reject the offer. If the offer is rejected the lessor shall be free to sell the leased promises to the third party , but any such purchase shall be subject to the terms of this lease. 20 . BINDING EFFECT AND ASSIGNMENT. This Agreement shall inure to the benefit of , and be binding upon, the parties, and their respective legal representatives, successorss and assigns, subject to the provisions of paragraph 16.d. 21 . ARBITRATION. The parties agree that any dispute or controversy arising out of this agreement shall be determined by arbitration pursuant to the following procedure . 21 . 1 Either party may demand such arbitration in writing, which demand shall include the name of the arbitrator appointed by the party demanding arbitration , together with a statement of the matter in controversy . 21 .2 Within 1D days after such demand, the other party shall name its arbitrator , and upon failure of the other party to name its arbitrator , the party demanding arbitration shall appoint the other arbitrator . The two arbitrators so selected shall name a third arbitrator within 10 days or , in lieu of such agreement on a third arbitrator by the two arbitrators so appointed, the third arbitrator shall be appointed by the chief judge of the district court of the 20th Judicial District . 21 .3 Each party shall bear Its own arbitration costs and expenses with the exception that the cost of the arbitrators shall be divided equally . 21 .4 The arbitration shall be governed by the Uniform Arbitration Act of 1975 C.R. S. 18-22-201 , et seq. , except as otherwise modified here . Date fg y 921.153 March 12, 1990 LEASE AGREEMENT FOR SAND AND GRAVEL 1. PARTIES. The parties to this Agreement are PHILLIP E. CAMENISCH, ( "Lessor") whose address is 10504 Weld County Rd. #7, Longmont, CO 80501, and C & M READY MIX CONCRETE CO. OF BOULDER, a Colorado Corporation, ("Lessee" ) , whose address is P.O. Box 490, 7916 Niwot Road, Niwot, Colorado, 80544. 2. RECITALS AND PURPOSE. The Lessor is the owner of real property in Boulder County, Colorado, described on Exhibit A. Lessee operates sand, gravel and associated activities and desires to lease the property described on Exhibit A from the Lessor for the purpose of mining sand, gravel, and their constituents, and conduction its associated activities. The Lessor desires to lease the property to the Lessee upon the terms and conditions hereinafter set forth. 3. CONSIDERATION. This Lease is executed by the parties for and in consideration of the royalties, terms, covenants, conditions and agreements of the other party as herein set forth. Each party agrees that the consideration given is good, valuable and sufficient. 4. LEASED _PREMISES. The property subject to this Lease consists of the real property described on Exhibit A, which is hereinafter referrred to as the "premises. " 5. TERM. The term of this Lease shall begin on the date hereof and shall end on the tenth anniversary hereof. All obligations of the Lessee with respect to the reclamation of the leased premises shall be completed within the term of the lease. 6. USE AND POSSESSION OF THE PREMISES. The Lessor hereby grants to the Lessee the exclusive right to prospect for, mine and remove sand, gravel , and other minerals and associated materials from the premises during the term of this Lease. Furthermore, the Lessee shall have the right to conduct related and incidental activities in association with its mining operation, specifically the construction and operation of either concrete or asphalt plants. The Lessee shall not make any use of the property which is contrary to applicable zoning regulations or contrary to the provisions of any permits issued. The -Lessor reserves the right to use all portions of the leased premises not necessary for the Lessee's activity and the Lessor shall at all times have the right of access to the areas being used by the Lessee for purposes of inspection. In the event the Lessor uses the surface for the grazing of livestock, the Lessor will be responsible for fencing livestock out of the area where mining and related operations are taking place 921153 2 and the Lessee will not be responsible for injuries suffered by livestock in the area where mining operations are being conducted. The Lessor shall not engage in any activity, including the running of excessive irrigation water, through or near to Lessee's operations as to unreasonably interfere with Lessee's operations. Any sand and gravel removed from its natural state and stockpiled on the leased premises or on the processing and stockpiling site shall be the property of the Lessee, subject to the payment of royalty upon removal from the leased Property. 7. ROYALTY. The agreement shall be for $.45 per ton for all processed gravel products as they are sold from the final processing area. Subject to the following terms. 7.1 Non-refundable payment. The Lessee shall pay the sum of $1,000.00 simultaneously with the execution of this Agreement. The advance royalty shall be credited against monthly royalties due. She advance royalty shall be nonrefundable. 7.2 Advance payments. The Lessee shall pay a minimum royalty of $20,000.00 per year. This payment shall be credited against future royalties when they become due. In the event that actual royalties due for products sold from the property exceed the minimum royalty than the larger figure shall be paid with the minimum previously paid credited against the amount owed. 7.3 Top Soil and overburden royalty. The Lessee shall pay $. 20 per ton for all overburden material, shale, top soil or other earthen products, which materials are suitable or acceptable as structural fill material and are sold from the final processing site. No top soil or overburden material shall leave the site without the prior approval of the Lessor. The royalty payment shall be adjusted annually on the anniversary of this Lease, beginning with the anniversary in 1991 , by the increase in the U.S. Price Index for all -Urban Consumers (CPIU) as published by the U.S. Department of Labor. Royalties shall be due and payable on or before the 20th day of each month during the term hereof , for the preceding calendar month. The amount of material removed shall be based upon weight and Lessee shall weigh all material removed from the final processing area. In order to permit the _Lessor to verify the amount of material removed, the Lessee's books and records relating to its activities under this Lease shall be open to inspection by the Lessor, or its representatives, at all reasonable times provided that the inspection shall be conducted at Lessor's sole expense and shall not unreasonably interfere with the Lessee's ongoing business activities. CC 921153 3 8. RECLAMATION. It is understood that Lessor has developed a reclamation plan which has been approved by the M.L.R.B. , the Lessee shall mine the property in a manner so as to comply fully with the terms and conditions of the approved reclamation plan. 9. PERMITTING. It is understood that all permits required for the mining operation have been the responsibility of the Lessor. The Lessee shall assume the responsibility for acquiring all additional permits as well as the modification of any existing permit that is required by the mining operation. 10. EXECUTION AND RECORDATION OF MEMORANDUM OF LEASE. Upon execution of this lease the parties shall execute, have acknowledged and record a memorandum of the lease in the form attached hereto as Exhibit B. 11. NOTICE. Any notice required or permitted to be given by the provisions hereof and payments from one party to the other shall be sufficient if mailed, postage prepaid, and addressed to the other party at the following addresses: Name Address C & M Companies P.O. Box 490, 7916 Niwot Rd. Niwot, CO 80544 Phillip Camenisch 10504 Weld County Rd. #7 Longmont, CO 80501 12. WATER RIGHTS. The Lessor agrees to provide any ditch or water rights which are required by the mining and reclamation plan or by any augmentation plan, or substitute supply plan which is required as a condition for the conduct of mining activities on the property, to the extent that Lessor owns such rights. In an effort to lessen the reclamation plan requirement for augmentation water the Lessee shall submit to the M.L.R.B. an alternate plan to seal the lakes created by mining. If such plan is approved by the Board the Lessee shall become responsible for the construction of such reclamation plan. All costs of engineering and permitting such a plan shall be borne by the Lessee. The Lessor shall compensate the Lessee for these costs and those associated with the reclamation by reducing the royalty charges. The exact figures and procedures will be agreed on and attached to this document as Exhibit B. 13_ INSURANCE. The Lessee agrees to indemnify and save Lessor harmless from and against all liability, damages, and judgements arising from injury during the term of this lease activities, acts or omisss-ions of Lessee. Lessee shall further defend and hold and save the Lessor harmless from any civil or criminal claim against violation of conditions of any such permits or licenses or claims of damages or loss or for personal injuries or otherwise. To secure its obligation for protection against claims which 9153 4 may be asserted against Lessor, Lessee agrees to maintain in full force and effect during the term of this Lease Agreement workmen's compensation insurance and liability insurance a form approved by Lessor in a reputable insurance company authorized to do business in the State of Colorado for a minimum coverage of at least $1,000,000.00. 14. NON-INTERFERENCE. The Lessor shall have the right to mutual ingress and egress upon said premises and shall retain all right, title and interest therein not specifically granted to the Lessee in the Lease Agreement. Lessor agrees during the term of this lease or any extended term not to construct or allow to be constructed any permanent structure or improvement or any temporary structure or improvement or to engage in any activity on the demised premises that would interfere with Lessee's use of the demised premises for the purpose stated without written approval of Lessee. 15. ASSIGNMENT. The Lessee has the right at any time during the term of this Agreement or any extended term to assign or sublease all or part of the rights granted by this agreement with the consent of the Lessor, which consent shall not be unreasonably withheld. However, Lessor hereby approves an assignment to and assumption of obligations by David B. Nystrom. 16. RELEASE. The Lessee may at any time execute and deliver to Lessor or place of record a release covering all of the demised premises and hereby surrenders this lease from and after the date of such release, thereby terminating all obligations hereunder except accrued reclamation obligations and any other obligations that may have accrued as of the date of surrender. 17. SUCCESSORS. The terms and conditions of this Agreement shall inure to and be binding upon the assigns and successors of the parties hereto. 18. PROPERTY TAXES. The Lessee shall be responsible to pay any increase in property taxes that are caused as a result of the land being zoned to a mining use. Such taxes will be paid on or before they become delinquent. 19. FIRST RIGHT OF REFUSAL. In the event that the Lessor receives an offer from a third party to purchase real property or water rights for the leased property or adjoining property, and the offer is acceptable to Lessor, it is agreed that the Lessee shall have the privilege to purchase the said property at the same price and on the same terms and conditions as proposed, The Lessee shall have a period of thirty (30) days in which to consider such proposal and shall either accept or reject the offer. If the offer is rejected the Lessor shall be free to sell the Leased premises to the third party, but any such purchase shall be subject to the terms of this lease. 5 20. BINDING EFFECT AND ASSIGNMENT. This agreeement shall inure to the benefit of, and be binding upon, the parties, and their respective legal representatives, successors and assigns, subject to the provisions of paragraph 16.d. 21. MISCELLANEOUS AGREEMENTS. The parties further mutually agree as follows: 21.1 Lessor expressly reserves all oil, gas, and mineral rights other than the sand and gravel conveyed pursuant to this Agreement, together with the right to explore for, develop, produce and exploit any oil, gas and minerals discovered, provided that Lessor does not interfere with the reasonable mining activities of the Lessee. 21.2 The parties understand that gold and other precious metals may be extracted with the sand and gravel, and agree that all gold and precious metals, or the proceeds from their sale after reasonable processing expenses, shall be divided 40% to the Lessor and 60% to the Lessee. 21. ARBITRATION. The parties agree that any dispute or controversy arising out of this agreement shall be determined by arbitration pursuant to the following procedure. 21.1 Either party may demand such arbitration in writing, which demand shall include the name of the arbitrator appointed by the party demanding arbitration, together with a statement of the matter in controversy. 21.2 Within 10 days after such demand, the other party shall name its arbitrator, and upon failure of the other party to name its arbitrator, the party demanding arbitration shall appoint the other arbitrator. The two arbitrators so selected shall name a third arbitrator within 10 days or, in lieu of such agreement on a third arbitrator by the two arbitrators so appointed, the third arbitrator shall be appointed by the chief judge of the district court of the 20th Judicial district. 21.3 Each party shall bear its own arbitration costs and expenses with the exception that the cost of the arbitrators shall be divided equally. 21.4 The arbitration shall be governed by the Uniform Arbitration Act of 1975 C.R.S. 13-22-201, et seq. , except as otherwise modified here. 9,4.4:51 t - 6 Date C & M Ready Mix Concrete Co. of Boulder By: By: President Phil Caminesch Attest: (seal) By: Secretary STATE OF COLORADO ) COUNTY OF Subscribed and sworn to before me this day of March, 1990, by Dave Nystrom as President of C & M Companies. WITNESS my hand and official seal. Notary Public My Commission Expires: STATE OF COLORADO ) COUNTY OF Subscribed and sworn to before me this day of March, 1990, by Phillip Caminesch . WITNESS my hand and official seal. Notary Public My Commission Expires: 92 .15 DEPARTMENT OF PLANNING SERVICES iglipe, PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO October 19, 1992 Phillip Camenisch 10504 Weld County Road 7 Longmont, CO 80501 Subject: ZCH-93; Property located in the SW4 and W2 SE4 of Section 10, T2N, R68W of the 6th P.M. , Weld County, Colorado. Dear Mr. Camenisch: Notice is hereby given that on Wednesday, November 4, 1992, at 9:00 a.m. , or as soon thereafter as the agenda of the Board of County Commissioners permits, the Board of County Commissioners of Weld County will hold a Probable Cause public hearing pursuant to Section 81 of the Weld County Zoning Ordinance. This meeting will take place in the Commissioners' Hearing Room, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. The purpose of this public hearing will be to review Case Number USR-874 for compliance with the Development Standards as approved by the Board of County Commissioners on April 26, 1989 to determine if probable cause exists to hold a hearing on revocation of USR-874. Inspection by representatives of this office have identified that you are not in compliance with Development Standard Number 2 of USR-874. If it is determined at the public hearing that there is probable cause that you are not in compliance with the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of the Special Review permit. If you have any questions regarding this matter, please telephone. Respectfully, Lanell J. Swanson Current Planner LJS/sfr 9211,251 2 Ar PHILLIP CAMENISCH 10504 Weld County Road 7 Longmont, CO 80501 Phone ( 303) 1 -772-0797 Phillip Camenisch President & Owner I am offering the following property for sale which has been tested and is excellent gravel for the cement needed for the new airport. I ' m in the process of obtaining a Site Specific Develop- ment plan and a Speci-al Review Permit for an open-cut mining operation , materials processing, and an asphalt and concrete batch plant . At the present time I have completed the Mined Land Reclamation Board, identification no. MLRD#M-89006 and have been approved and received permit no. USR-874 from Weld County Board of County Commissioners for all of the above men- tioned items. This leaves only a few state and federal permits to obtain. The legal description for property is SW1/4 and the W1/2 of the SE1/4 of Section 10, Township 2N, Range 68W of the 6th P.M. , Weld County, Colorado. General location of property is West and adjacent to I-25 in Del Camino area, East of and adjacent to Weld County Road 7 , and South of Colorado State Highway 119. The acreage consists ofapproximately 240 acres more or less. I am offering all the water rights , property, and imp- rovements under this proposal. Phillip Camenisch 10504 Weld County Road 7 Longmont, CO 80501 Phone 303-1 -772-0797 and I will be happy to meet or send more detailed information on open-cut mining operation. I remain Sincerely, Phillip Camenisch President-Owner 321153 240 acre permitted gravel mine Reserves of approximately 6 1/2 million ton u 1 null __af :. - - - O D o .... o ...IDAHO CREEK / ' PHASE D / / \00 Tut \ FLOOO{OUNDART PM.{E f I � PHARE Y A�D BATON PLANT \ HATENNI - T•• ACC=AO A -TO EPIC \ PLANT PLANT AREA ROADS / 1-- - 11 t ( ` PHASE v - INAEEtw«T.Ka - /A S' ;1 P PxASEY 1.. / /- / POND AREA WW SCE h If interested in permitted open-cut mining operation, material processing, and an asphalt and concrete batch plant: general location of property is West and adjacent to 1 -25 in Del Camino area, East of and adjacent to Weld County Road 7, and South of Colorado State Highway 119. Contact Phillip Camenisch 10504 WCR 7 Longmont, Colorado 80504 303-1 -772-0797 Cellular: 1-829-3220 921-15 AGREEMENT THIS AGREEMENT, -made this day of June, 1990, by and between Philip S Shirley Camenisch, Longmont, Colorado, Seller, and R. L. Siegrist and/or Siegrist Construction Co. , a Colorado corporation, 6999 York Street, Denver, Colorado 80229, Buyer; RECITALS A. Seller owns the following described real property in Weld County, Colorado, to-wit: SW; and W1 SE4 , S10, T2N, R68W of 6th PM, Weld County, Colorado 240 Acres TOGETHER WITH, all water rights presently serving the property; hereinafter referred to as "Subject Property" . The Seller intends to obtain a metes and bounds survey of Subject Property, at which time such legal description shall be attached to this contract and be substituted for the above described legal description. 1 91153 B. Buyer desires an option to purchase the Subject Property which the Seller is willing to grant to the Buyer under the terms and conditions herein set forth. THEREFORE, it is mutually agreed as follows: OPTION 1 . Option Price. In consideration of the sum of DOLLARS, paid by Buyer to Seller, the receipt of which is hereby acknowledged, the Seller hereby grants to the Buyer the exclusive option to purchase the Subject Property until 12:00 o'clock noon, 2. Credit Approval . This agreement is contingent upon the Seller's approval of the Buyer' s credit and financial capability of retiring the debt to be financed by the Seller as herein described. The Buyer promises to deliver a financial statement to the Seller within five days of the execution of this agreement. The Seller, with the Buyer' s approval hereby given, will obtain credit reports on the Buyer and will either approve or deny the Buyer'E credit, at his sole discretion, within 10 days after receipt of the Buyer's financial statements. All such credit information shall be kept strictly confidential . 3. Exercise of Option. The Buyer shall exercise this option by giving written notice on or before the date of expiration provided for in paragraph 1. Closing shall take place no later than 30 days after this notice of exercise is delivered; provided, however, that closing may be delayed until after January 1st, 1991 , at the sole discretion of the Seller. 2 92115 In the event the Buyer exercises this option, the Buyer agrees to purchase the Subject Property in accordance with the Terms of Purchase set forth below. 4. Failure to Exercise. In the event the Buyer shall fail to exercise this option according to the terms of this agreement, then all option monies paid hereunder to the Seller shall be retained by the Seller. Seller shall further be entitled to the "development work" done on the Subject Property by the Buyer. All other rights in connection with this agreement shall then terminate. 5. Development Work. The Buyer intends to investigate the potential for mining the gravel from the Subject Property, such investigation to include surveys, core sampling, soil tests, investigation with the appropriate officials of the County of Weld regarding the use of the premises to mine gravel and the like. The Seller agrees to cooperate with the Buyer in its endeavors to gain the necessary approvals from the necessary regulatory agencies for a gravel mining operation and the seller agrees to execute all documents necessary for the Buyer to pursue this development. During the option period of this agreement, the Buyer shall have the right to go upon the Subject Property and make such investigations, surveys, core drillings and the like as may be necessary to accomplish this development work. 6 . Buyer's Liability. The Buyer agrees to indemnify and hold the Seller harmless from and against all liability, claims, damages, losses and expenses including reasonable attorney's fees, arising out of Buyer's operation, possession and/or use of Subject Property, including any expenses incurred by the Seller in defending any action, 3 n C 921 5t claim or demand for damages brought against Seller as a result thereof, or in seeking to remove any liens filed against Seller's interest in or to the Subject Property by reason of any act or anission by the Buyer. 7 . Negotiations with Weld County. The Buyer shall have the sole authority to negotiate directly with Weld County, Colorado, concerning all aspects of the proposed development of Subject Property during the term of this option. The Seller agrees to cooperate and assist in these negotiations as much as is reasonably possible. Any agreement reached between the Buyer and the County shall be subject to the Buyer' s exercise of this option. TERMS OF PURCHASE If the Buyer shall exercise this option to purchase, the teens -and conditions of the purchase shall be as follows: 1. Purchase Price. The purchase price shall be calculated by multiplying the total gross acreage in the Subject Property by Dollars per acre. The survey obtained by the Seller shall be used to determine the total gross acreage, and the Subject Property shall contain approximately 240 acres, making the approximate price Dollars. The purchase price shall be payable as follows: a. shall be payable in cash or certified funds on closing date. The option money theretofore paid shall be credited against this amount. b. The balance of approximately 4 9214.5.3 DOLLARS shall be evidenced by the Buyer's good and sufficient promissory note, co-signed by R. L. Siegrist, personally, payable to the Seller, secured by a first deed of trust covering Subject Property, and delivered on closing date. This note shall bear interest at the rate of per annum from the date of its execution until paid in full and shall be payable as follows: ( 1) Interest only payments shall be payable annually beginning one year from closing date, (2) Principal payments of of the original note amount shall be payable annually, beginning one year from closing date. (3) Payments shall be applied first qn the accrued interest on the declining principal balance and the remainder toward the reduction of principal. (4) c. The Buyer shall have the privilege of making prepayments on this note at any time without penalty, subject to the following restrictions: (1 ) The Buyer may not pay more than 1/3rd on principal on the original loan balance in any calendar year. 5 921153 (2) Prepayments shall be credited toward regular installments as called for therein. d. The other provisions of this note and the deed of trust securing it shall be substantially as' on the form of note and deed of trust attached to this contract as Addendum A and Addendum B. The note shall provide for a penalty interest rate of per annum on any amount of principal or interest in default so long as the default continues. e. The Buyer shall furnish the Seller with a mortgagee's title policy insuring the Seller in the full amount of the loan. f. Notwithstanding anything herein to the contrary, the Buyer promises to pay to the Seller on the anniversary dates of the above described promissory note a minimum amount of per ton, of gravel mined during the previous year, which payment shall be applied upon the principal of said note. The annual principal installments of of the note amount are to be considered a minimum payment due every year. If the dollar amount arrived at under the formula described in this paragraph ie greater than the annual payment called for in the note, then this greater amount shall be paid to the Seller and shall be applied on the principal on the note. It is the intent of the parties to insure that the Seller's security in the subject 6 921. .5' property will not be impaired by the rapid mining of gravel during the early years of the note. 2 . Title. Within 20 days of receipt of the survey, the Seller shall furnish the Buyer with a title insurance commitment from Transamerica Title Insurance Company in an amount equal to the purchase price, which commitment shall disclose marketable title in the Seller, free and clear of all liens and encumbrances, except for rights of way and easements in existence or of record, general real -estate taxes for the year of closing and thereafter, any liens by reason of the inclusion of Subject Property in any special taxing districts, and Weld County building, subdivision, and zoning regulations and the authority of any other governmental entity to regulate the mining of gravel on Subject Property. The Buyer shall have ten days from the date of delivery of said title insurance commitment in which to have the same examined. In the event title is not merchantable the Buyer may terminate this agreement, and all monies paid under this agreement shall be returned to the Buyer and all other obligations of either party hereunder shall be terminated. 3. Conveyance. On closing date, concurrently with the payment then due in accordance with the terms hereof, and upon full performance of the covenants herein upon the part of the Buyer to be performed, the Seller shall convey the Subject Property to the Buyer by good and sufficient warranty deed, subject to rights of way and easements in existence or of record, general real estate taxes for the year of closing, and any liens by reason of the inclusion of said premise in any special taxing district, and the building, subdivision 7 921.53 and zoning regulations of the County of Weld. On closing, the Seller shall also execute the transfer documents necessary to convey title to the • to the Buyer. 4. Possession. Possession -of the Subject Property shall be delivered to the Buyer on clothing hate. 5. Assignability. If the Buyer assigns its rights under this agreement to anyone or any entity, R. I,. Siegrist shall nevertheless remain personally liable for performance of all of the Buyer's obligations under this agreement. In any Event, R. L. Siegrist will personally cosign the promissory -note called for herein. 6 . Default. In case of the failure of the Buyer to make any one or -more of the payments or perform any of the covenants agreed to be made and performed by it hereunder, the Seller shall have the right to pursue whatever rights and remedies are available to it under Colorado law, including, but not limited to, specific -performance. In the event of a default by the Seller, the _Buyer may pursue whatever rights and remedies are available to him _under Colorado law, including, but not limited to, specif ic performance. In the event of default by either of the parties, the defaulting party _shall pay all reasonable attorney's fees and costs incurred by the nondefaulting -party le the event the nondefaulting party _initiates a successful action to -enforce the terms hereof. It is -mutually agreed that time shall to of the essence hereof and if at any time the same shall be forfeited and terminated in the manner set forth above, the Seller shall have the right to take immediate possession of the Subject Property and the Buyer hereby ° 921i5 agrees immediately to surrender and deliver Subject Property peacefully to the Seller. If the Buyer shall remain in possession of Subject Property after such termination, the Buyer shall be deemed guilty of an unlawful detainer and shall be subject to eviction and removal. No grant or extention of time for the performance of any of the covenants herein shall be deemed a waiver that time is of the essence hereof. It is mutually -agreed that title to the premises remains in the Seller until title is conveyed on closing date, and no equity of redemption shall, on account of this agreement, exist in favor -of the Buyer. 7. 8. Notices. Any -notices called for under this agreement may be given to the Seller end to the Buyer at the following addresses or at such other addresses as the parties may from time to time designate in writing: Seller. Buyer. Philip & Shirley Camenisch Siegrist Construction Co. a99g York -Street Denver, Colorado 80229 All notices must be served as provided by law, or may be personally delivered or sent by registered or certified mail, and in the event sent by mail to the addresses as shown above, such notice or 9 32115 other paper shall be presumed delivered five days after deposit in the United States Mail, postage prepaid. 9. Survival of Terms. As may be necessary to enforce this agreement, the terms hereof shall not merge at the closing held hereunder, but rather, said terms shall survive the same. 10. Entire Understanding. This agreement represents the entire understanding between the parties, any change hereto shall not be valid unless first placed in writing and executed by each of the parties hereto. 11. Closing. The closing shall he held at the office of and the hour and place of closing shall be designated by said firm. 12. Gender. Unless the concept clearly indicates a contrary intention, any gender shall include all genders, the singular shall include the plural, and the plural shall include the singular. 13. Binding Effect.This agreement shall extend to and be binding upon the heirs, legal representatives, successors in interest and assigns of the parties. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. SIEGRIST CONSTRUCTION CO. By: v .-/r.1 ,-/ President. R. L. egrist. SELLER. PURCHASER. 10 92115^ 1 CONCRETE& AGGREGATE MATERIALS -am Eizo 7916 N1WOT ROAD,PO.BOX 490 N1WOT,COLORADO 60544-0490 concrete companies (303)443-1099 652-2334 June 17, 1990 Phillip E. Camenisch 10504 Weld County Rd. #7 Longmont, CO 80501 Subject: Purchase of Land Dear Phil: Please accept this letter as an intent to purchase certain assets on the following terms and conditions. 1. PARTIES. The parties to this Agreement are PHILLIP E. CAMENISCH, ("Seller" ) whose address is 10504 Weld County Rd. #7, Longmont, CO 80501, and C & M READY MIX CONCRETE CO. OF BOULDER, a Colorado Corporation, ("Buyer") , whose address is P.O. Box 490, 7916 Niwot Road, Niwot, Colorado, 80544. 2. PURCHASE PRICE. The total purchase price shall be $1,400,000.00. 3. PAYMENT OF THE PURCHASE PRICE. The purchase price shall be paid as follows: a. The Buyer shall pay to the Seller upon the execution of this Agreement the sum of $5,000.00 as earnest money and part payment. If closing occurs as contemplated herein, the earnest money shall be credited against that portion of the purchase price due at closing. If closing does not occur because the Seller is unable to convey merchantable title to the sand and gravel or because mining permits are _denied by any governmental agency after diligent efforts to obtain "Companies That Care" 921.151 2 permits by the Buyer, or because of any default by the Seller, the earnest money shall be refunded promptly to the Buyer. If closing does not occur through no fault of the Seller, Seller shall retain the earnest money as liquidated damages and the parties released from further obligations hereunder. b. The Buyer shall pay $100,000.00 (including earnest money) at closing. c. The balance of the purchase price shall be paid by the Buyer's negotiable Promissory Note in the amount of $1,300,000.00. The Note shall provide for payment of the principal, together with interest on the unpaid balance computed at the rate of 8% per annum, in 14 annual installments commencing one year after closing, with final payment due on the 14th anniversary of closing. Each annual payment shall be applied first in payment of accrued interest and the remainder shall be applied in reduction of principal. 4. CLOSING DATE. Closing to be held at a mutually agreed upon location on July 19, 1990. 5. POSSESSION. Buyer shall have possession ninety (90) days after closing of the other parties' property. 6. LEASE/RENTAL. Property and assets may be leased back to the Seller until actually used in the mining operation. 7. FINAL CONTRACT. This Letter of Intent shall be subject to approval by all parties of a final contract, which shall be drawn by C & M Concrete Companies and approved by Phil Camenisch within 22 days of acceptance by the parties hereto. Said approval shall not be unreasonably -withheld. 8. TITLE WORK. Phil Camenisch shall provide to C & M on or before July 9, 1990, a current commitment for title insurance policy for the entire farm being purchased. 9. CONTINGENCIES. This Letter of Intent and said final contract is expressly contingent upon being able to assume the position of the Seller in relation to all current permits. 92115' 3 1O. ACCEPTANCE. This Letter of Intent will remain in full force and effect, if accepted by Seller on or before June 29 , 1990. Sincerely, C & M Concrete Companies By: I obert D. Allen xecutive Vice President ACCEPTED AND APPROVED THIS DAY OF JULY, 1989 Phillip E. Camenisch By: Phillip E. Camenisch 92115" a ter% STATE OF COLORADO Gl:7 •( Roy Romer, Governor DEPARTMENT OF NATURAL RESOURCES W� MINED LAND RECLAMATION DIVISION �� '�� FRED R. BANTA, Director j April 5, 1989 Mr. Phillip E. Camenisch 10504 Weld County Road 7 Longmont, CO 80501 • Re: File No. M-89-006, Camenisch Pit, APPROVED Decision Letter - Financial and Performance Warranty Request Dear Mr. Camenisch: On March 23, 1989, the Mined Land Reclamation Board approved your surface mining permit application. The amount of financial warranty set by the Board for this operation is $23,575.00. You must submit a financial warranty in this amount and a performance warranty in order for us to issue a permit. In the event you have requested a financial warranty form, we have enclosed it in this letter. If you have not, please select a type of financial warranty from Rule 7.4. Then contact us so that we can provide you with the appropriate warranty form. We have enclosed a performance warranty form with this letter for your use. PLEASE NOTE THAT MINING OPERATIONS MAY NOT COMMENCE UNTIL A PERMIT HAS BEEN ISSUED BY THE DIVISION AFTER RECEIPT OF YOUR FINANCIAL WARRANTY AND PERFORMANCE WARRANTY. If you have any questions, please contact me. Sincerely, Michael J . Boyd Physical Scientist MJB/yjb Enclosure 2393G 921151 215 Centennial Building, 1313 Sherman Street Denver,Colorado 80203-2273 Tel.(303)866-3567 STATE OF COLORADO • COLORADO DEPARTMENT OF HEALTH or co AIR POLLUTION CONTROL DIVISION � TELEPHONE: (303)X31 S5P • ••s'cl of• • 1876 EMISSION PERMIT PERMIT NO: 90WE019F INITIAL APPROVAL In DATE ISSUED: OCTOBER 2, 1990 FINAL APPROVAL O ISSUED TO: FEILLW G4M5NISJI THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Sand and gravel production facility located at SW 1/4, W1/2, SE 1/4 of Section 10, Township 2 North, Range 68 west, about 5 miles east of Longmont, in Weld County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: Open pit sari] and gravel mining activities including removal, storage, and handling of topsoil/overburden and product, and vehicle haul road traffic. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR QUALITY CONTROL ACT C.R.S. (25-7-101 et seq) , TO THOSE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS DOCUMENT AND -THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. The Fugitive Particulate Emission Control Measures listed on the attached page (as proposed in the Fugitive Particulate Emission Control Plan submitted to the Division) shall be applied to the fugitive particulate emission producing sources as required by Regulation No.1. . . .continued 2220/203/01 ' 921153 • GENERAL TERMS AND CONDITIONS: !IMPORTANT!READ ITEMS 6,7,and aZ "1"`,". '.' t r`t-", 1. This permitislssued In reliance uponthe accuracy and completeness of information supplied by the applicant and is conditioned upon conduction of the activity,or construction,Installation and operation of the son,In accordance with this Information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity specifically Identified on the permit. 2. Unless specifically stated otherwise,.he general and specific conditions contained in this permit have been determined by the APCD to be necessary to assure compliance with the provisions of Section 25.7-114(4)(g), C.R.S. and, as such, shall be enforceable under the provisions of Section 25-7-115,C.R.S.after final approval of the permit has been granted. Emission limits are imposed to ensure that emissions will not(1)interfere with reasonable further progress toward attainment of the NAAQS for pollutants as required by Sections25-7-114(4)(g)(I)(B)and 301(1),C.R.S.the Clean Air Act,42 USC Section 7502 @)(3);and Air Quality Control Commission Regulation No.3 Section IV.D.2.or(2)result in an exceedance of the NAAQS for pollutants as re- quired by Sections 25-7.105(1)(a)(I),and 201(1)(b),C.R.S.;of the Clean Air Act,42 USC Section 7475(a)(3);and Air Quality Control Commission Regulation No.3,Section IV.D.1.c. 3. Each and every condition of this permit is a material part hereof and is not severable. My challenge to or appeal of,a condition hereof shall constitute arejection of the entire permit and upon such oceurence this permit shall be deemed denied ab initio.This permit may be revoked at any time prior to final approval by the Air Pollution Control Division(APCD)on grounds set forth in the Colorado Air Quality Control Act and regulations of the Air Quality Control Commission(AOCC),including failure to meet any express term or condition of the permit. 4. This permit and any required attachments must be retained and made available for inspection upon request at the location set forth herein. With respect to a portable source which is moved to a new location,a copy of the revised Air Pollutant Emissions Notice(APEN)(required by law to be submitted to the APCD whenever a portable source is relocated)should be attached to this permit. The permit may be reissued to a new owner by the APCD as provided in AQCC Regulation No.3 Section 111.9 upon a request for transfer of ownership,and the submital of a revised APEN and the required fee. 5. Issuance(initial approval)of an emission permit does not provide"final"authorityforthis activity or operation of this source.Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of 25-7-114(4)(j)C.R.S.and AOCC Regulation No.3,Section IV.H. Final approval cannot be granted until the operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of the permit. If the APCD so determines,it will provide written documentation of such final approval,which does constitute"final"authority to operate. 6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1)do not commence construction or operation within 18 months after either the date of issuance of this permit or the date on which such construction or activity was scheduled to commence as set forth in the permit, whichever is later; {2) discontinue construction for a period of 18 months or more; or (3) do not complete construction within a reasonable time of the estimated completion date. Extensions of the expiration date may be granted by the APCD upon a showing of good cause by the permittee. 7. YOU MUST notify the APCD at least thirty days(fifteen days for portable sources)prior to commencement of the permitted operation or activity. Failure to do so is a violation of Section 25-7-114(4)0),C.R.S.and AOCC Regulation No.3.,Section IV.H.1., and can result in the revocation of the permit. 8. Section 25-7-114(5)(a),C.R.S.requires that all sources required to file an Air Pollution Emission Notice(APEN)must pay an annual fee to cover the costs of inspections and administration. If a source or activity is to be discontinued the owner must notify the Division in writing requesting a cancellation of the permit. Upon notification,annual fee billing will terminate. • 9. Violation of the terms of a permit which has received final approval or of the provisions of the Colorado Air Quality Control Act or the regulations of the AOCC may result in administrative,civil or criminal enforcement actions under Sections 25-7-115 (enforcement),-121 (injunctions),-122(civil penalties),C.R.S. 92115.3 PHIL JP CAMEJISQ1 Emission Permit No. 90hE019F Initial Approval Page 2. 2. Construction of this source must commence within 18 months of initial approval permit issuance or within 18 months of the start-up-date stated in the application. If commencement does not occur within the stated time the permit will expire on April 2, 1992. (See General Condition No. 6., Item 1 on the reverse side of the first page of this permit). 3. The Division's approval of the proposed control plan is based on the submitted production level as listed below. Prior to any increase in daily or annual production rates, the applicant shall submit a Revised Air Pollution Emission Notice and Control Plan which will be subject to Division review and approval to ensure compliance with the National Ambient Air Quality Standards for particulate matter. Annual records of the actual production rate shall be maintained by the applicant and made available to the Division for inspection upon request. Production of sand and gravel shall not excrtd 2120 tons/day or 400,000 tons/year. 4. This permit is for mining related activities only. Any process equipment (i.e., crushers; screens, etc.) must be separately permitted by the Division. • Review Engineer James S. Geier, P.E., Chief Nick Melliadis New Source Review Section Stationary Sources Program • Air Pollution Control Division • 92 c .err✓ 1.15 • - 1 PII.LIP CAMENI JI Emission Permit No. 90WE019F Initial Approval FUGITIVE PARTIIlnATE EMISSICNS CONTROL PLAN THE FUGITIVE PARTICULATE EMISSIONS CONTROL PLEASURES LISTED BELOW SHALL BE USED FQR ENFORCEMENT PURPOSES ON THE SOURCES COVERED BY THIS PIMIT, AS REQUIRED BY THE AIR QUALITY CONTROL QYtIISSION REGULATION NO. 1. THIS SOLQCCE IS SUBJECT TO THE FOLLOWING EMISSION GUIDELII : 20% OPACITY LIMIT AND NO OFF-PROPERTY TRANSPORT OF EMISSIONS. 1. Topsoil and overburden stockpiles shall be compacted by scraper during loading-in of material. 2. Any topsoil or overburden stockpile which remains inactive for six (6) months shall be revegetated at the commencement of the next earliest planting season. 3. Mined material shall be moist during extraction. 4. During loading-in of raw product to the raw product stockpile(s), water sprays shall be used to minimize fugitive particulate emissions. 5. Only wet material may be crushed/screened at this site. 6. Any screendeck to be located at this site must be equipped and operated at all times with water spraybars. 7. Conveyor transfer points shall be partially enclosed when loading materials into the finished product stockpiles. B. Conveyor drop height(s) shall not exceed thirty (30) feet. Drop height will be minimized whenever possible. 9. Material to be loaded out from the finished product stockpiles(s) shall be moist to minimize fugitive particulate emissions. 10. On-site vehicle speeds shall not exceed fifteen (15) miles per hour. Speed limit shall be posted. 11. Vehicle haul road(s) for transport of finished product shall be gravelled and shall be watered as frequently as needed to minimize fugitive particulate emissions. 12. Vehicle traffic shall be restricted to established roadways wherever practicable. 92'1151 q . e so k,re...AL t(x., ei-f-a, , tot._ >V <yek,--c i(, t7_,,i74-rx,_/...40.,- '1/IL 2W (L j > �` ,-2721 zii (?_ 7e-, F• % * `' % .I/f! fi � it) '') a cs'2-,.-4-)-C ✓4) WO . (X,( c ,A) -44 --(.----,,,- _- 04.c ,__ . -,,../.:---/7- e '• f n5f-c�ii� v 1 /e crics çJ (A,1/43lolite--e--,. (i ' ..\ '77 , 7. c , ./ LJV`�bG 321153 ctip I) l : j( l AOE , r, r- t , ( ,'({,(//c.:. k at- die" : .� -t , i // c (;) j 'i ,/ ( Y ` /d7 r t4 ' i i,C./ti' r is, ;((z.:7'r c a [I C \ J7 (7i e (c C ,,L l?C(#a /;tit ,,d" LA / 2-it:e_ 1 eeyo C �n „ 7. r 7,; / 1, �%(Li ( /'I f, c ; '-f __r tr�c.ce. - e..1: / c v i cl v W I/ 41 C ,., 6��c«: , -/1/< <�' r 1��-gal- -� ivJ�, �`A L LkU 1 1 / f / �� i i� 1/4_L, G (,�..�:,`/ n(.1 lam' i,,, f,,2.1„_, ,,,-,2.�i rLt��i,�,�-.G.+._Y I / 2 - —(� '-, 1") 7 1 ✓z�Ai ., _ cQ f 1 • O - 0y ^ R _ L7r7921.. ilaST.21-6,26. co lc, Oco LZ:1 ru CI O i 1 , , i I O N. CO r no LI7 ' "n 1 Q' N 3 rn fu Mno 13.-I I.- o y — 0 W < m < 4 Ln CO I . U Ln i- a ' iii . IL; no < \ - 6 0 2 z E j = Z 0 oa • l J lift t a ; mo O- t _ Op Zip A I Q i 15 m� o ! a LL • f I ( ( SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Phillip Camenisch USR-874 1 . The Site Specific Development Plan and Special Review permit is for a•, open-cut mining operation and- an asphalt and concrete batch plant located in the Agricultural roue district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. The open-cut gravel operation shall comply with Section 44.4 of the Weld County Zoning Ordinance: Operation Policies. Any violation of these regulations shall be grounds for enforcement of Section 44.6 of the Weld County Zoni4d Ordinance: Cancelation of Permit. I 4. All operations on the proposed site shall be in conformance with the Weld County Flood Hazard Overlay District Regulations including: a. NO fill, berms, or stockpiles shall be placed in the one hundred (100) year flood plain of the Idaho Creek which would obstruct passage of flood flows; and b. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately flood proofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 5. No permanent disposal of wastes shall be permitted on the Special Review Site. 6. The maximum permissible noise level shall not exceed the industrial limit of 70 dE(A) , as measured according to C.R.S. 25-12-102, Colorado Revised Statutes. 7. No building shall be constructed within the Panhandle Eastern Pipe Line' s rights-of-way. 8. No Trespassing Signs shall be posted on the perimeter fence and maintained to clearly identify the boundaries of the special review site. 9. Fugitive dust must be confined on this site in accordance with the approved plan. USR-874 Development Standards Page 2 10. vehicular traffic shall ingress and egress Weld County Road 7 via State Highway 119. No haul traffic shall be allowed south bound on Weld County Road 7 . 11. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 12. The septic system(s) for the proposed office is/are required tc be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 13. The Weld County Health Department requires that this facility provide restrooms and/or vaulted toilets. Portable toilets are not acceptable under the Weld County Regulations. 14. An ISDS evaluation on all existing septic systems will be necessary prior to issuing the required septic permits -on the existing system. (s) 15. All waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 16. The Special Review site shall be maintained in compliance with the approved NPDES permit at all times. 17. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 18. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 19. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 20. Personnel from the Weld County Health Department, Longmont Fire Protection District, State Health Department, and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 7 a-71157 USR-674 Development Standards Page 3 21 . The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Fermit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall he filed in the office of the Department of Planning Services. 22. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 321153 8 ka DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N ORAO AVENUE COLORADO 80631 COLORADO October 19, 1992 TO: SURROUNDING PROPERTY OWNERS Subject: ZCH - 93 NAME: Phillip Camenisch FOR: A Site Specific Development Plan and a Special Review permit for an open pit mining operation and an asphalt and/or concrete plant in the A (Agricultural) zone district. LEGAL DESCRIPTION: The SW4 and the W2 SE4 of Section 10, T2N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles northwest of Firestone; west of and adjacent to the Del Camino area, south of Highway 119, east of Weld County Road 7. A Probable Cause Public Hearing is scheduled before the Weld County Board of County Commissioners on Wednesday, November 4, 1992 , at 9:00 a.m. in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. The purpose of this public hearing will be to review Case Number USR-874 for compliance with the Development Standards as approved by the Board of County Commissioners on April 26 , 1989 to determine if probable cause exists to hold a hearing on revocation of USR-874. You are receiving this notification because your property is within five-hundred (500) feet of the property being reviewed. All persons in any manner interested are requested to attend and may give testimony pertaining to and the uses occurring on the approved site. For additional information write or telephone, Lanell J. Swanson, Current Planner. 92115n (11\11:1 ;;;;HS DEPARTMENT OF PLANNING SERVICES PHONE(303)358-4000,EXT.4400 ID . 91510th STREET GREELEY,COLORADO 80631 C. COLORADO September 25, 1992 Phillip Camenisch 10504 Weld County Road 7 Longmont, CO 80501 Dear Mr. Camenisch: A recent inspection of your property showed that the use of the property for an open-cut mining operation as approved by USR-874 has never been developed. Section 90 of the Weld County Zoning Ordinance provided a vested property right for the development of this use for a three year period. Three years have now passed since the approval of your Special Review permit. If you do not intend to develop the property for the approved use, please let me know. If you still intend to develop the property, it is the responsibility of this department to schedule a public hearing with the Board of County Commissioners so that the Board can determine if the vesting period should continue. The vesting period for the property may not be extended unless expressly authorized by the Board of County Commissioners. Please let me know as soon as possible if you wish a public hearing to be scheduled. If you have any questions, please call or write this department. Thank you. Sincerely, ,'i Lanell J . Swanson Current Planner IF^ .,_ cA/. i I .<z T Ala-e-7-Et 7 . 4 E - t;� ,�-"' ` L �J[. la'Le_.-“,,,-- ,V c_' ,/1'1tc7 1-el :'7( Lamtc7 — ,/ 7/ iv72 ./�4 r a �Ct`��. < < 'it GGrY /l Y 1,,. _ r e,c..,/_ -----71,--fe---7-re-7y ck): /6 1_,; (2 lc4. z ,, , K�( Ci.'cil �1-54 1i. �C' �L/IZ,C es C -C /i(1/' id-�i 4&C L ,C _r , /-C 1Git — A,,, >7%,___f (6 /t. ca e2 ae 2',t c t c-ea e 6-7u //hem ji/�fe«.� , (-CI . : .f .t om /1Ci J < L County of Weld Fugitive Dust Plan Phillip Camenisch USR-874 Open cut mining operation , materials processing, and an asphalt and concrete batch plant. Whereas , Camenisch has an approved application to the County for a Use by Special Review Permit for an open-cut gravel pit and possible future asphalt and concrete batch plant located in the SW1/4 and W1/2 , SE1/4, S10 T2N , Range 68W of the 6th P .M. Weld County, Colorado. Approximately 200 acres to be mined. Now therefore, in consideration of the mutual covenants and conditions hereinafter set forth the County, and Camenisch agree as follows: 1 . There will be a water truck available to settle dust on roads and materials areas as needed. 2. Operational Manager will be available for complaints and to work with Weld County Health Officials . 3 . Roads that will be used to haul materials to Weld County Road 7 will be surfaced with 11/2 to 2 inch rock or portions possibly will be covered with asphalt as the operation progresses. 4. When necessary chemical stabilizer will be applied according to manufacturers specifications. 5. Topsoil that remains stockpiled for more than one growing season will be sloped 3(H) : 1 (V) and seeded with a fast growing vegetative cover to minimize wind and water erosion. Topsoil stockpiles will be handled as little as possible until replacement. We are presently working on a fugitive Emissions Control Plan for Materials Storage and Handling, Mining and Associated Activities Permit with the Colorado Department of Health; Air Pollution Control Division. Signed Owner 921. .5^ County of Weld Fugitive Dust Plan Phillip Camenisch USR-874 Open cut mining operation, materials processing, and an asphalt and concrete batch plant. Whereas, Camenisch has an approved application to the County for a Use by Special Review Permit for an open-cut gravel pit and possible future asphalt and concrete batch plant located in the SW1/4 and W1/2, SE1/4 , S10 T2N, Range 68W of the 6th P .M. Weld County, Colorado. Approximately 200 acres to be mined. Now therefore, in consideration of the mutual covenants and conditions hereinafter set forth the County, and Camenisch agree as follows: • 1 . There will be a water truck available to settle dust on roads and materials areas as needed. 2. Operational Manager will be available for complaints and to work with Weld County Health Officials. 3 . Roads that will be used to haul materials to Weld County Road 7 will be surfaced with 11 to 2 inch rock or portions possibly will be covered with asphalt as the operation progresses. 4. When necessary chemical stabilizer will be applied according to manufacturers specifications. 5. Topsoil that remains stockpiled for more than one growing season will be sloped 3(H) : 1 (V) and seeded with a fast growing vegetative cover to minimize wind and water ' -erosion. Topsoil stockpiles will be handled as little as possible until replacement. We are presently working on a fugitive Emissions Control Plan for Materials Storage and Handling, Mining and Associated Activities Permit with the Colorado Department of Health; Air Pollution Control Division. 5igne Owner 921151 General Permit Information 350 , 000 - 400 , 000 tons of Aggregate per year Permit for 20 years Equipment to be used scrapers, loaders, conveyors, trucks , asphalt and cement batch plant. Haul Route - Weld County Road 7 to Colorado 119 then dest- ination of job. Approximately 200 acres to be mined Gravel depth 0-19 ' west half 6-19' east half Available overburden is quite adequate 40 acres east of Rural Ditch to be backfilled and used for commercial purposes Rest of property to be a lake witha pproximately 5 acres of shoreline 20 ' wide except SE corner along Rural Ditch which is to be 50' Reclamation cost - Recommended Bond approved by Land Reclamation Board - $23 , 575. 00 22115,3 -in Te5t1nd W L t� oratories Irk:. nn Sherd.n leule.vrd,Uenver.Colorado f0214 Phone 0031 1184896 41r. Phil Camenisch 10504 Weld County Road i -Longmont, CO 80501 Subject: A-14400 - Gravel Investigation - Gillispie & Camenisch (Continued) S Camenisch s W TH / 1 0'-1' Course sand 1'-10' Course sand & gravel 1-1/2" - water at 3' 10'-13' Clayey sand & gravel up to 3" 13'-15' Gravel up to 6"some cobbles (6" or bigger) 15'-16' Weather bedrock 16' Olive brown claystone Tv O'-1' Clay 1'-6' Course sand & gravel up to 6" - water at 2-1/2' 6'-10' Clayey course sand & gravel up to 3" 10'-12' Sand & course gravel 1-1/2" 12'-13' Sand & gravel up to 3" 13'-16' Clayey sand & gravel up to 6" 16'-19' Sand & -course gravel 1-1/2" 19'-20' Clayey gravel 20'-21 ' Cobbles 21 ' Claystone bedrock rock blue TH #3 • 0'-1/2' Clay 1'-15' Course sand & gravel up to 6" - water at 2' 15'-17' Silty clayey course gravel 17'-21 ' Clean sand & course gravel 1-1/2" 21' Claystone bedrock blue TH #4 0'-2' Clay 2'-5' Clean sand & course gravel - water at 2-1/2' 5'-11' Sandy silty gravel up to 3" 11'-12' Sand 12'-17' Silty sand & course gravel I 17'-23' Course esdhd & gravel up to 6" 23' Claystone bedrock blue 6 91151 WtecnTestinsi l! LabOratones In ce n1 Sheridan looi..,rd Den.e..Colorado 60 214 Mont 1 303i 136-7896 Mr. Phil Camenisch 10504 Weld County Road 7 Longmont, CO 80501 Subject: A-14400 - Gravel Investigation - Gillispie & Camenisch (Continued) (r1/' A:C Camenisch (Cont'd.) TH 05 0'-7' Sandy clay - water at 2-1/2' 7'-10' Sand & course gravel 10'-13' Sand & gravel up to 3" 13'-20' Silty sandy clay with course gravel 20'-21' Cobbles (6" & bigger) 21 '-23' Sand & gravel 23' Olive brown claystone bedrock TH 06 0'-5' Silty clay 5'-7' Silty sand 7'-9' Sandy silty med. gravel 9' -15' Sandy course gravel 15'-17' Gravel up to 3" 17'-19' Sand & course gravel 19'-20' Cobbles 20' Claystone bedrock blue TH 0'-6' Sandy clay - water at 1' 6'-17' Sandy clayey course gravel up to 3" 17'-20' Gravel up to 6" 20'-21' Sandy course gravel 21' Olive brown claystone bedrock TH 08 • 0'-61.1' Sandy clay - water at 3' 61/2'-11' Course sand & gravel up to 3" 11'-13' Clayey gravel up to 3" 13'-1S' Sandy gravel up to 6" 15'-20' Sandy clayey course gravel up to 3" 20'-25' Clean sand & gravel up to 3" 25'-27`x' Course sea & gravel 28' Claystone bedrock blue 7 .324 53 • di 7esnna oratones Iric. 775 Sheridan Boulevard.Denver.Colorado 60214 Phone 13031 23BJa% b1r. Phil Camenisch 10-504 Weld County Road 7 Longmont, CO_80501 Subject: A-14400 - Gravel Investigation - Gillispie & Camenisch (Continued) E i -5 Camenisch (Cont'd.) TH #9 D'-3' Sandy clay - water 3' 8' Course sand & gravel 8'-10' Sand & gravel up to 3" 10'-14' Clayey sand & gravel up to 3" 14'-17' Clayey sand course gravel 17'-20' Gravel 3 to 6" with cobbles 20'-24' Sand course gravel 24'-30' Clayey sand Si course gravel 30' Claystone bedrock blue TH #10 0'-5' Sandy clay - water at 3' 5'-9' Clayey sand & course gravel 9'-16' Clean sand & course gravel 16'-23' Sand clay silt course gravel 23'-28' Course sand & gravel up to 3" 28' Claystone bedrock blue TH #11 J. r —- `/ 0'-11' Clay -' '-2' Course gravel - water 2'-5' Clay 5'-9' Clayey sand course gravel up to 3" 9'-10' Sand 10'-15' Course sand & gravel 15'-22' Clayey sand & gravel up to 6" 22' Claystone bedrock blue • B.Z.15' Phillip E. Camenisch Gravel Pit Projection . When 240 acres described by accompanying appraisal has been mined out and the 190 acre lake exists development potential would be excellent. It would be very conceivable that this lake and surrounding 50 acres would Sell to a developer for $2 to $3 million of course this could very well be 15 to 20 years in the future, or development could start in 5 to 7 years _depending on when mining is completed. Projection of income over fifteen years. 1989 = $150,000 - 50 cents per ton 1990 = $165,000 - 55 cents per ton 1991 = $181,500 - 60.5 cents per ton 1992 = $199,650 - 66.5 cents per ton 1993 = $219,450 - 73.15 cents per ton 1994 = $225,000 - 75 cents per ton 1995-2004 = $2,025,000 - 75 cents per ton The 7th through the 15th year royalty would be held at 75 cents a ton for a minimum income of $2,025,000 - but we feel this is an extreme amount of time and a conservative cost per ton. If I produce and ship a maximum of 300,000 ton per year it would take 15 to 17 years to mine out the property. Yet we could ship enough to finish it in 5 years. My income from royalty would be $3,165,600.00 over the next sixteen years. Potential sale to developer for lake and surrounding land $2,000,000. TOTAL $5,165,600.00 92sAiJfl Hello