HomeMy WebLinkAbout951317.tiffNELSON ENGINEERS
822 7TH STREET GREELEY, COLORADO 80631 (303) 356-6362
February 10, 1995
Mr. Chuck Cunliffe
Director of Planning
Weld County Department of Planning
1400 North 17th Avenue
Greeley, CO 80631
RE: Distel Farm Pit/C&M Aggregates, Ltd. - Use by Special Review 877, 2nd Amendment
Dear Chuck,
With this letter and the accompanying documents, we are requesting a Use by Special Review
Amendment for an existing mining operation within the present agricultural zone. The applicant
holds a current Use by Special Review Permit (USR-87 ) in Weld County for the site that is being
amended. The original USR-877 was amended in 199 to add land to the west of the original
permit for additional resource extraction, to the east foir an access easement, and to the south to
expand the resource stockpile area. For purposes of clarity, we will address the original permit as
USR-877, the request for amendment to USR-877 dated June 1994 as the First Amendment, and
this request for an amendment to USR-877 as the Second Amendment.
We are including for your information, the Regular Operations application for change of
ownership as administered by the Division of Minerals and Geology, State of Colorado. Any
additional information as requested by the Weld County Information Packet for a Site Specific
Development Plan for Use by Special Review will be addressed by this letter and the
accompanying information.
The Second Amendment proposes to include in USR-877 the installation and use of one asphalt
and one concrete batch plant, a storage area for recycled concrete and asphalt materials and 2
portable office facilities. No increase in area of operations beyond the limits of USR-877 is
required since these proposed facilities will be incorporated within the boundaries of the working
gravel mining operations. The proposed facilities will be installed on mined out areas that have
been filled with overburden materials from previously mined areas. No other changes are
proposed for this amendment as will be documented in this application. Access to the site remains
the same as originally approved and neither the mining plan or the reclamation plan for USR-877
is changed by this application.
The proposed amendment, the Second Amendment, is consistent with the Weld County
Comprehensive Plan. As determined during previous application and permit procedures, the site
951317
g EXHIBIT
Chuck Cunliffe
-2- February 10, 1995
is a valuable resource and it will be restored to a beneficial use. It was further determined that the
mining operation so permitted would not adversely impact the agricultural economy of Weld
County. Please see the questionnaire answers included herewith.
The area within USR-877 that is affected by this Second Amendment is outside the Flood Hazard
Development area as determined by FEMA. Therefore no change is required in the existing Flood
Hazard Development permit. Likewise, there will be no change with respect to groundwater.
Surface water runoff will not be altered from the permitted USR-877.
There will be no permanent structures proposed with the Second Amendment. All equipment
such as conveyors, processing operations, batching plants, office facilities, and scale house will be
portable and will be completely removed upon completion of the mining and reclamation process.
The soils at the Second Amendment site do not pose any limitation to the proposed use of
portable equipment.
The applicant will comply with the conditions of applicable State and local permits thus insuring
the protection of the health, safety, and welfare of the inhabitants of the neighborhood and the
County. Specific conditions may apply to air quality and batching plant safety. Those issues will
be addressed in order to comply with regulations.
Vehicular traffic and access routes are discussed in the accompanying "Traffic Pattern" statement.
The statement has been provided separately for ease of reference by County engineering
personnel.
USR-877 regular operations application, Exhibit G, discusses the availability of water for process
washing and the availability of water rights for dust control and other consumptive use as
determined in the augmentation plan as submitted to the Colorado State Water Engineer. There is
no anticipated change in the USR-877 augmentation plan.
The applicant's property and legal right to enter and use the property was established in USR-877.
That right remains in effect. The respective deeds and assignments to this applicant are included
in this application as Exhibit E.
The applicant for the second amendment, C&M Aggregates, Ltd. is a sister company to Cooley
Gravel Company, which holds USR-1046, a permit for an open pit sand and gravel mine,
including concrete and asphalt batching plants. Both companies are wholly owned subsidiaries of
CAMAS America, Inc. The Cooley Gravel Company permit, USR-1046, is located
approximately 1/2 mile east of the C&M Companies (Distel Farm Resources) processing facilities.
The applicant does not propose to operate two concrete and two asphalt batching plants within
such close proximity. The applicant is willing to certify to the use of only one complete batching
operation in the vicinity. Economies of operation dictate that the batching site should be located
951317
Chuck Cunliffe
-3- February 10, 1995
at the USR-877 site rather than at the USR-1046 site, so it can be incorporated into the current
processing facility. The mining operation at the site of USR-1046 is expected to proceed by
transferring the sand and gravel to the USR-877 site via conveyors, thus avoiding truck traffic
outside the site. As a result of the planned operation, the net effect of truck traffic with respect to
USR-877 and USR-1046 on Weld County Road 20 1/2 will be zero while providing for removal
of valuable sand and gravel deposits.
As additional clarification, C&M Companies and C&M Ready Mix Concrete Company of Boulder
no longer exist. The succeeding company is C&M Aggregates, Ltd., a wholly owned subsidiary
of CAMAS America, Inc.
We trust that this application has addressed the requirements for an amendment to USR-877 and
the concerns of Weld County. If you have any questions, please contact us.
Respectfully,
C & M AGGREGATES, LTD.
c)J arland
NELSON ENGINEERS
LaVern C. Nelson, P.E.
LCN/jd
951317
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To
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mEmoRAC DUt7I
Shani L. Eastin
Welts Crnatv_7arming
Trovnr Ti ri net., Cnpervi An, Fnvi rnnmcntt91 Drntart inn ^+nn7i rn
Data
Marrh 1i 1405
Subject racy N„mber-
9nA AM n o -u77
NW4 of Section 11, Township U2 North, -flange Olt -West -
Environmental Protection -services has reviewed this proposal; the following
conditions are recommended to be part of any approval:
1. All liquid and solid wastes shall be stored and .rewoyed.for.-final-disposal
in a manner that protects against surface and groundwatet contamination.
2. An -Air Pollution Emission Notice (A.P.E.N.), and `::missions Permit
application must be submitted to the Air Pollution Control Division,
Colorado Department of Health, for emissions of -criteria, 'ha
rdous or
odorous- air pollutants. Sources of such emissions includebut are not
limited to the following: sandblasting operations,'mining, spray paint
booths, dry cleaners, haul road traffic, composting, .boilers and
incinerators.
3. .The existing Emission Permit must be modified for the increased operation
if the Colorado Department of Health determines that sucb;-amodification
represents a significant change in emissions or production.
4. No permanent disposal of wastes shall be permitted at this site.
5. Waste materials shall be handled, stored, and disposed in a manner that
controls fugitive dust, blowing debris, and other potential nuisance
conditions. -
6. Fugitive dust shall be controlled on this site.
The maximum permissible noise level shall not exceed the light industrial
limit of 70 db(A), as measured according to 25-12-102, Colorado Revised
Statutes.
B Adequate toilet facilities shall be provided at this facility. These may
consist of an absorption system, a vault system or maintained -port -a -potty
facilities.
9. A NPDES Permit shall be obtained from the Water quality ControlDivision
of the Colorado Department of Health for any proposed -discharge into.State
Waterways.
10.- The applicant shall remove, handle, and stockpile overburden, soil, sand
and gravel from the facility area in a manner that will.prevent nuisance
conditions.
Tlics-407
03/13/95 14:37
TX/RX NO.0214 P.002
951317
WELD COUNTY, COLORADO
USE BY SPECIAL REVIEW APPLICATION
MINING PERMIT
Weld County Department of Planning Services, 1400 N. 17th Avenue,
Greeley, Colorado, Phone 353-6100, Ext. 3540.
•*• planning .
For the Department of Planning Services Use Only
Case Number:
a nd. 49'r\n u 5 Q - ri]
Zoning District: A C A,Yl e,sii1nrc
Application Received By:
Permit Fee:
I I IC..��p•0b
Receipt Number:
To be completed by APPLICANT is accordance with procedural guide requirements:
1. I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission
concerning a proposed gravel (gravel, coal, borrowpit, etc.) mining operation for the
following described unincorporated area of Weld County:
LEGAL DESCRIPTION:
See Exhibit A
2. Surface owner(s) of area of land described
Name' C&M Aggregates, Ltd.
c/o CAMAS America, Ltd.
3333 S. Wadsworth, Ste. 210 Lakewood, CO 80227
Address: Phone:303-980-2424
Name: Address: Phone:
3. Owner(s) of mineral rights or substance to be mined
Name: same Address: Phone:
Name: Address: Phone:
4. Source of applicant's legal right to enter and to mine on the land described:
Established in USR-877; such right remains in effect
(Include certified copy of any document(s) noted
Applicant's address: C&M Aggregates, Ltd.
Address:
see above
Phone:
Phone:
6. Identify any prior permits for mining held by applicant or affiliated person:
USR-877
USR-1046
7. Description of Operation
A. Types and number of operating and processing equipment to be used:
Lportable asphalt batchiag plan
1 portable concrete hatching plant
2 loaders
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B. Maximum number of employees: 8 , and number of shifts: 1
C. Number of stages to be worked: n/a and periods of time each is to be worked:
total time for operation — estimated 13-15 years
D. Thickness of mineral deposit: n/a feet, and thickness of the overburden:
E. This will be a wet/dry pit operation. n/a
F. Site entrance/exit points and County roads and bridges to be utilized between site and delivery
point(s)(mustbe coordinated with County Engineer):
See Exhibit B
Description of reclamation
A. Proposed reclamation land use(s): See plan for USR-877
B. Source of technical advise for reclamation: See USR-877
Explanation of Reclamation Process: See USR-877
I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with
or contained within this application are true and correct to the best of my knowledge.
COUNTY OF WELD )
) ss.
STATE OF COLORADO)
gnature: Owner/Au orized Agent
Subscribed and sworn to before me this /616 day of /> },ikon , 19 i)9 .
SEAL
My Commission Expires: 4'11.2k/2/ /77-1
951317
APPLICATION REOUIRFMENTfi
The application requirements are out➢nd in Sections 24.7 and 44 of the Weld County Zoning Ordinance. The
application shall contain the following information.
1. . A completed application form (form attached).
2. A detailed description of the method of mining operation. The description shah include:
The types and, numbers of operation and processing equipment to be employed.
B. The number of shifts to be worked and the maximum number of employees.
C. Whether the operation will involve a wet or dry pit. -
D. County roads and bridges to be utilized.
E. The size of the area end stages to be worked at any one time.• -
F. A lime table giving the pe)lods of erne which will be required for the various stages of the
:operation.
G. The depth and thickness of the mineral deposit to be mined and the thickness of overburden to
be removed.
H. The proposed use of reclaimed lands and an explanation of the reclamation process.
I. The source of technical advice in that type of reclamation for open cut mining land.
A certified list of the names, addresses and the corresponding g parcel idface entification
withinumber feet aofssigned
the
by the Weld County Assessor of the owners of properly O
-property subject
an ownershipllupdate from a titlecation. The oor abstract e of such lcompanybor attorney, derived ist shae records of the efrom such
Assessor,
records, f he Weldo y ssethe r, Weld
County Clerk
shall certify that such the
was assembled within 00
led from the
records the aWekaCoustyAsssion applicant ertfication fermis attached).
days of the application submission date.
THE COUNTY ASSESSOR'S OFFICE CANNOT COMPLETE SURROUNDING PROPERTY OWNER
EXPLAIN H WNUSE APPLICATIONS. ASSESSOR'S
TO GENERATE THE LIST. HOWEVER, IT IS THE RESPONSIBILITY OF THE
APPLICANT TO GATHER THE INFORMATION.
A certified fist of the names and addresses of mineral owners and lessees of minerals on or under the
parcel of land being considered. The Source of such fist shall be 'assembled from the records of the
Weld County Clerk and Recorder, or from an ownership update from a title or abstract company or an
attorney, derived from such records. (A certification form Is attached).
5. The
ecessaryn by the Boardrof Coountyer similar
Commssoners or as shall
is duly authorizedthe
representtativedeemed
for the
protection of the health, safety and welfare of the inhabitants of Weld County.
A. Applicant shall submit a copy of these reclamation plans submitted to the State of Colorado
Mined Land Reclamation Board, The
reclamation
plans must include a map showing property
boundaries, topography, Boars of rec,and access.
B. Plans for obtaining water supplies for the mining operation.
C. Cross sections of drainage structures (culverts for access to county roads, interior haul roads
crossing orponding or stream channeling).
D. Profile and typical cross section of haul roads.
e. A statement which explains how the proposal is consistent with the Weld County Comprehensive Plan.
7. ' A statement which explains how the proposal is consistent with the intent of the district in which the use
Is located.
S, If applicable. a statement which explains what efforts have been made. In the location decision for the
proposed use. to conserve productive agricultural land In the agricultural zone district.
9 A welfare of the statement
which explof the tthere reiadbd vis
is adequate
provision
County.
for the protection of the health, safety and
10. A statement which explains the uses permitted will be compatible with the existing surrounding land
VSes.
11. A statement which explains the proposed use will be compatible with the future development
of the
the
surrounding area as permitted by the existing zone and with future development as projected
j by
comprehensive plan of the county or the adopted master plans of affected municipalities.
12. A statement which explains the Use by Special Review area is not located in a good plain, geologic
hazard and Weld County Airport overlay dIstdct area; or that the app(caaon complies with Section 50,
Overlay District Regulations as outlined in the Weld County Zoning Ordinance.
13. Proof that a water supply will be available which is adequate in terms of quantity, quality, and
dependability (e.g., a well permit or letter from a water district).
14. A copy of the deed or legal Instrument identifying the applicant(s) interest in the property under
consideration. If an authorized agent signs the application for the fee owner(s), a letter granting power
of attorney to theagdnt from the properly owner(s) shall be provided.
15. A noise report, unless waived by the Department of Planning Services. documenting the methods to be
-utilized to meet the applicable noise standards.
16. Any other Information determined to be necessary by the Boardf County end welfare Commisof the sioners
or its
r its
authorized representative to ensure the protection of the health, safety
of Weld County.
351317
DISTEL FARM RESOURCE
C & M AGGREGATES, LTD/CAMAS AMERICA
Second Amendment to USR-877
Weld County, Colorado
Responses to Use by Special Review "Application Requirements"
1. See attached application form.
2. See attached application form and noted exhibits.
3. See Exhibit C.
4. See Exhibit D.
5. a. Reclamation plans are as described and approved for USR-877. No change for this
amendment.
b. Water Supply provided for USR-877 under existing augmentation plan.
c. Not applicable.
6. The proposed is in compliance with the application requirements of Sections 24.7, 24.3, and
44 of the Weld County Zoning Ordinance. In addition, the proposal is consistent with the
intent of the Weld County Comprehensive Plan's Mineral Resources, Goals and Policies and
Transportation Goals and Policies, and the agricultural zone district as provided for a Use
by Special Review.
7. The agricultural zone district provides for the extraction of mineral resources. By approval
of USR-877, a determination was made that the mining plan in that USR promotes
reasonable and orderly development of mineral resources. This amendment provides for the
furtherance of the already approved extraction process.
8. The Second Amendment proposal does not affect productive agricultural land. This
proposal will utilize areas that have already been mined.
9. All operations of the second amendment will be confined to a part of the site already
approved as a gravel mine as USR-877. Public health, safety, and welfare are protected
pursuant to the development standards for USR-877.
10. Surrounding land uses include gravel mining and agriculture. This proposed use is
compatible with those uses.
11. The uses permitted will be compatible with the existing surrounding land uses and the future
development of the surrounding area as permitted by the Weld County Comprehensive Plan.
951317
Surrounding land uses include gravel mining, agriculture, oil and gas production, and rural
farmsteads. The area is in an agricultural zone. It is anticipated that the future development
of the area will be mostly agricultural -oriented interspersed with some additional residential
uses.
12. The Second Amendment proposal is not in a Flood Overlay District Area, although a part of
USR-877 is in the Flood District. This proposal is not in a geologic hazard or airport
overlay zone.
13. Drinking water is provided to the area by bottled water carried to the site. Water for
restroom, washing, and processing is provided by an adjudicated well on site as a part of
USR-877.
14. See Exhibit E.
15. Noise from batching will occur within the limits shown on Exhibit A. MI noise at or beyond
the property line will continue to be less than the noise standards developed by the State of
Colorado. The nearest residence is located 1000 feet from the Second Amendment
boundary. Other surrounding agricultural land uses will not be affected by the operation.
16. The proposed second amendment will be used for the operation of an asphalt batch plant
and a concrete batch plant with appurtenant portable offices, and storage area for recycled
concrete and asphalt materials. The batch plants will be portable.
The number of employees at the second amendment site including portable offices will
average 6 people. Normal hours of operation will be 6:00 a.m. to 7:00 p.m., Monday
through Saturday. Routine maintenance of equipment will be between the hours of 6:00
a.m. and 12:00 p.m., Monday through Saturday. There are timesdueto special
circumstances such as traffic situations, that certain contracts and supply commitments
require that the Applicant provide batched material at other than normal hours of operation.
Such instances occur as a convenience to the travelling public whereby construction and/or
repairs must occur when traffic flows are at a minimum. The Applicant hereby requests that
he be given the right to comply with such public needs when required by the contracting
authority.
Only authorized people and employees of the applicant will use the site. An average of 10
people, which include itinerant truck drivers, will use the second amendment site during
periods of production of batched materials.
Vehicles that will access the site: (daily average during production)
Passenger vehicles - 8 each day during operations
Asphalt trucks - 40 trucks (1/2 truck trailer, max 85,000#; 1/2 tandem , max 54,000#)
Concrete mobile mix trucks - 50 - 6 yds. - 54,000# to max. 62,000#
Materials supply vehicles - accounted for in USR-877
Dozer Loaders - 2
951317
The site will use the existing septic system approved for USR-877.
There will be no storage or stockpile of wastes.
Debris and waste will be disposed of monthly by trucking to approved disposal sites.
The portable plants will be moved into the site and be set up in a couple of days' time as will
the portable office facilities. Set up is to occur in early spring 1995.
The landscaping plans and erosion control measures adopted for USR-877 will be adhered
to for the Second Amendment.
Reclamation procedures adopted for USR-877 will be performed for the Second
Amendment.
The Weld County Comprehensive plan encourages the extraction of mineral deposits when
the mining plan promotes reasonable and orderly development of mineral resources. USR-
877 has been judged to promote reasonable and orderly development of mineral resources.
The Second Amendment, the subject of this application, extends the "reasonable and orderly
development" to a final use product through availability of premixed material from the site
ready for use, thereby enhancing the extraction and development of the mineral resource.
The present economy in the front range is creating an increasing demand for sand and gravel
in Weld County. That same growth economy has also created a demand for premixed
mining products such as will be provided in this Second Amendment. Providing the
premixed end product results in an efficient manner of use of the minerals to be removed as
defined in USR-877.
Fire protection will be provided by the Mountain View Fire District headquartered in
Longmont. The vehicular and processing equipment will be equipped with fire extinguishers
per OSHA regulations.
Storm drainage from the Second Amendment site will drain into the existing ponds on the
USR-877 site and be handled in the same manner as approved for USR-877.
951317
Exhibit A
LEGAL DESCRIPTION
THAT PORTION OF THE NW 1/4 OF SECTION 17, TOWNSHIP 2 NORTH, RANGE
68 WEST OF THE 6Th PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF
COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE NORTH LINE OF THE NW 1/4 OF SAID SECTION 17 TO
BEAR SOUTH 89°29'05" EAST AND WITH ALL BEARINGS CONTAINED HEREIN
RELATIVE THERETO;
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 17;
THENCE ALONG THE NORTH LINE OF SAID SECTION 17 SOUTH 89°29'05"
EAST, 1351.28;
THENCE ALONG THE WEST 1/16 LINE OF SAID SECTION 17 SOUTH 00°16'15"
EAST 654.92 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 89°40'55" EAST, 1009.79 FEET;
THENCE SOUTH 00°02'19" WEST, 651.40 FEET;
THENCE NORTH 89°52'50" WEST, 1006.13 FEET;
THENCE NORTH 00°16'50" WEST, 654.92 FEET TO THE TRUE POINT OF
BEGINNING, SAID TRACT CONTAINING 15.11 ACRES, MORE OR LESS.
951317
Exhibit B
TRAFFIC PATTERNS FOR THE DISTEL FARM OPERATION, CAMAS AMERICA
The existing R. I. A. is adequate in terms of improvements and maintenance. The proposed
amendment will not impact the adjacent roads in number and types of vehicles anticipated beyond
that anticipated for the two separate gravel operations permits, USR-877 and USR-1046, now
held by the applicant. However, the applicant is hereby requesting a change in the agreement to
allow traffic to move both east and west from the access point at WCR 20 1/2. At that point,
50% of the traffic would proceed each direction from the access. At WCR 7, one-half of the
traffic will proceed each way, north and south. At WCR 1, one-half of the traffic will proceed
each way, north and south.
Some material is imported to the site for processing and mixing to make specification products.
This material is generally backhauled to the site with the same trucks that haul from the site. This
is not a major part of the production operation and does not affect traffic patterns.
951317
EXHIBIT B
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SUPPURT SERVICES GROUP I-'303-980-8002 FEB x"'95 11:15 No.006 P.02
EXHIBIT E
AR2NU9S1S•
I)
CERTIFICATE OF LIMITED PARTNERSHIP
C & M AGGREGATES LIMITED
1998 Slop
SPATE OF CO1,Uli;`,m
d 7,
(1) Name. The name of the limited partnership is C & M Aggregates Limited.
(2) Merit for Service. The name and address of the agent for service of
process required to be maintained by C.R.S. § 7-62-104 is R. Gregory Stutz, 825 Logan
Street, Denver, Colorado 80203.
(3) General Partner. The name and business address of the sole General
Partner is Denver Aggregates, Inc., a Colorado corporation, 3333 South Wadsworth
Boulevard, Suite 210, Lakewood, Colorado 80227.
(4) Partners. There are at least two partners in the Partnership, at least one of
whom is a limited partner.
IN WITNESS WHEREOF, this Certificate of Limited Partnership has been
executed by the General Partner as of the to m day of September, 1994.
DENVER AGGREGATES, INC.
By:
Mi tael E. Haye
2409515 B-1461 P-1011 10/04/94 04:35P PG 1 OF 1
Mary Ann Feuerstein Weld Co., Clerk & Recorder
981708.6
REC DOC
5.00
951317
SUPPORT SERVICES GROUP II' 93-980-8002
FEB C 95 11 15 No.006 P.03
ARc74U95L8 2409518 8-1461 P-1014 10/04/94 04:37P PG 1 OF 5
Mary Ann Feuerstein Weld Co„ Clerk & Recorder
SPECIAL, WARRANTY DEED
THIS DEED, Made this J%lrk day orAc):ft/Pro-hc.✓' .I9 94
between C & M Ready Mix Coucretc Co. of (boulder,
a rorpormlon Judy orgnuvcd m'al existing tinder and by vniue of the laws of the State
of Colorado , pt:uunr. and
C & M Aggregates Limited, a Colorado limited partnership
whose legal address is c/o CAMAS America, Inc.
3333 S. Wadsworth Boulevard, suite 210
Lakewood, CO 80227
nt the 'County 01
REC DOC
25.00 27.66
. Smte at Colorado, gtludeel )I
WI'I'NESSE rIL '('hat the grotto', for and in consideration of the sum of
'('cat Dollar; and other good and valuable consideration
convey. anti cnnlirm, unto the µnu• ,t•iI
situate. lying and being in die
dcscrihet as Wows,
Sec Exhibit A attached hereto and incorporated herein by this reference.
u‘dtAls.k.4
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents dikes gram, bargain, cell.
its heirs, surer sOrs and assigns forever, ;dl the real pmperry, together with imistuvernenta, if any,
County of Weld , Stale of Colorado,
Excepting all, water rights applicable thereto owned by Grantor and -located on,
under or appurtenant to the real estate described on Exhibit A, such. rights
being conveyed by quit claim deed of oven date from Grantor to Grantee.
* except taxes and assessments for the year 1994 and subsequent years and those
matters set forth on Exhibit B attached hereto and incorporated herein by this
reference.
also known by street mat number as:
TOGETHER with all and singular the hereditament% and appurtenances thereto belonging. or in anywise appertaining. and the reversion and
reversions. remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the minor,
either in hew or equity, of. in and In the above bargained premises. with the hereditamenIs and appurtenances;
'1't) HAVE AND TO HOLD the said premises above bargained tnld described with the appurtenances, unto the grultee(s),
heirs, successes and assigns (brewer. The grantor, for itself. its successors and assigns does covenant and agree that it shall tend will WARRANT
AND I'OleEVER MIT the ahnve.hurgained premises in the quirt and peaceable possession ofthc gruntcels), its
successors and assigns, against all and every person or persons claiming the whole or any partthereof. by. through of Wider the grantor,
IN WITNESS WHEKM:OK, The grantor late. coaxal its corporate name to be hereunto subscribed by its
President :At its corporate se.td In he hereunto af'f'ixed, attested by its
QV i Wtittacir '.
,' c :
t,�_
r r
57A'Ili 01' COLORADO
77 County of Denver
I Ii�Alretrotng;Y11'!;xpmcnl was acknowledged before this
_a C
''�"�a•L� filth V>: `f)roff, as Vice President and ns
Ill . '` '``115ttea4lr kix Concrete Co. of Boulder, a Colorado
heirs,
secretary, the day and year first
C & M READY M].$. CON'RE'E CO, (}le
a Cato d7?
By
)U 1PEK JI
Patrick S. Croft, Vie. res`Iiftt I
and Secretary '
",alt Jeu i,k ,rg IN- 11- 9.5
SS.
3 o tk dry of .E!
:IS
\Vets my hmld'A(R2itI seal. A�� L
,
alr I0.Mrrn ens. C‘"''ity end".
corporation
.19 94 ,
President
� Secretary �'�_[1
/.4/Y,.(rr1q hlp 4/
n —. •-•.*
No,..y what
Name and Addrvn WI'mson Ct,tatiaa Newly v,('ltd heal tk'O.xiplio,l IS 1$J3.IUa,5. CIt S.)
No. 168. Res. 692. SPECIAL. WAR RAN'IY DKED (Corporation)
Uradfore Publishing, 1741 Ware( SI., Drover, CO 50202 - (3(13) 39:•251X7 _.. 5.9.3
951317
SUPPORT SERVICES GROUP IT' '03-980-8002 FEB 0-95 11:16 No.006 P.04
LXhiBIT A
LEGAL DESCRIPTION
The SE1/4 of the SW1/4; the W1/2 of the SW1/4 of the SE1/4; the NE1/4 of
the SW1/4 of the SE1/4; and the N1/2 of the SE1/4 of the SW1/4 of the
SE1/4 of Section 8, Township 2 North, Range 68 West of the 6th P.M., and
the N1/2 of the NW1/4 of the NE1/4 of the NW1/4 of Section 17, Township 2
North, Range 68 West of the 6th P.M.
TOGETHER WITH a 60 foot wide non-exclusive road and utility easement
located in the N1/2 of Section 17, Township 2 North, Range 68 West of the
6th P.M., the centerline of which is more particularly described as
follows;
Beginning at a point on the North line of the NW1/4 of Section 17,
Township 2 North, Range 68 West of the 6th P.M., which is 30 feet
Westerly of the North Quarter Corner of said Section 17;
thence Southerly and parallel with the Easterly line of said NW1/4 of
Section 17, to the intersection with the centerline of a 60 foot wide,
non-exclusive road and utility easement which is parallel with the
Southwesterly line of the R.O.W. granted to The Denver Utah and Pacific
Railroad Company by George W. Coffin by Right of Way Deed recorded August
8, 1889 in Book 86 at page 191;
thence Southeasterly along said centerline of said 60 foot wide road and
utility easement, and being 30 feet Southwesterly and parallel with the
said Southwesterly railroad R.O.W. line to the intersection with the
Northerly line of Weld County Road No. 20 and one-half, County of Weld,
State of Colorado.
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EXHIBIT B
TRANSAMERICA TITLE INSURANCE COMPANY
Commitment No.: 8034935
SCHEDULE B - Continued
EXCEPTIONS
Right of way for said railway in width and in manner as provided
by the Acts of Congress in relation thereto, as reserved by the
Denver Pacific Railway and Telegraph Company in the Deed to George
W. Coffin, recorded August 16, 1881 in Book 25 at Page 55.
(Affects S1/2NW1/4 of Section 17)
Right of way for said railway in width and in manner as provided
by the Acts of Congress in relation thereto, as reserved by the
Denver Pacific Railway and Telegraph Company in the Deed to Amos
J. Emmons, recorded April 22, 1885 in Book 25 at Page 62.
(Affects SW1/4NE1/4 of Section 17)
Right of way as granted to The Denver Utah and Pacific Railroad
Company by George W. Coffin by Right of Way Deed recorded August
8, 1889 in Book 86 at Page 191, affecting the following described
property: A strip of ground 100 feet wide, it being 50 feet on
each side of the center line of the railroad of said company as
located upon E1/2 of the NW1/4 of Section 17, Township 2 North,
range 68 West of the 6th P.M.
Right of way
Company by a.
1889 in Book
property: A
each side of
located upon
of the 6th P.
as granted to The Denver Utah and Pacific Railroad
J. Emmons by Right of Way Deed recorded August 8,
86 at Page 192, affecting the following described
strip of ground 100 feet wide, it being 50 feet on
the center line of the railroad of said company as
NE1/4 of Section 17, Township 2 North, Range 68 West
M.
Farmers No. 3 Reservoir, and any and all rights of way therefor,
as evidenced by Map filed June 1, 1910 as Filing No. 156140,
insofar as the same may affect subject property.
Right of way to take water from Coffin & Davis Ditch over and
across SW1/4 of SE1/4 and SE1/4 of SW1/4 of Section 8, Township 2
North, Range 68 West of the 6th P.M.; also the right to use the
present road over, through and across the described land for
egress and ingress, as granted to George R. Powell by George E.
Coffin by deed recorded January 11, 1917 in Book 463 at Page 278.
All ores and minerals, including oil and gas within, upon or under
said parcels of land with full rights to explore for and extract
the same but without the right to disturb the surface thereof, as
reserved by The Great Western Sugar Company in the Deed to Frank
Distel, recorded May 24, 1968 in Book 595 as Reception No.
1516785, and any interests therein or rights thereunder.
(Affects the following described property: A parcel of land in
the SW1/4NE1/4 of Section 17, Township 2 North, Range 68 West of
the 6th P.M., more particularly described as follows: Commencing
Page 6
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TRANSAMERICA TITLE INSURANCE COMPANY
Commitment No.:
8034935
SCHEDULE B - Continued
EXCEPTIONS
at a point which is the center of said Section 17; thence North 0
degrees 35 minutes East 25.0 feet to the North right of way line
of a county road, the true point of beginning; thence North 0
degrees 35 minutes East along the West line of said NE1/4, 250
feet, more or less, to the Southwesterly right of way line of the
Chicago, Burlington & Quincy Railroad, Lyons Branch (previously B.
& M. R. R.); thence South 51 degrees 29 minutes East along the
said Southwesterly right of way line 402 feet, more or less, to
the intersection of said right of way line of the Chicago,
Burlington & Quincy Railroad with the North line of the county
road; thence West along the North line of the county road; thence
West along the North right of way of the county road 316 feet,
more or less, to the point of beginning. Also, all that part of
the SE1/4 of the NW1/4 of said Section 17, more particularly
described as follows: Beginning at a point on the North and South
centerline of said Section 17 and 25 feet North of the center of
said section; thence North along said North and South centerline
of said Section, 250 feet, more or less, to the point of
intersection with the Southwesterly right of way line of the
Chicago, Burlington & Quincy Railroad Company; thence along said
Railroad Company right-of-way North 51 degrees 21 minutes West
379.3 feet to a point; thence South along the East line of that
certain tract or parcel conveyed by The Great Western Sugar
Company to Melvin E. Longfellow by deed dated August 17, 1984,
recorded April 22, 1949 in Book 1246 at Page 96, a distance of
51.0 feet; thence on the same line extended South and parallel
with the East line of said NW1/4, 164.5 feet to a point; thence
Southeasterly 400 feet, more or less, to the point of beginning.)
Oil and gas lease between Melba Grace Distel and Buddy Baker dated
October 26, 1979, recorded December 3, 1979 in Book 889 as
Reception No. 1810719, and any interests therein or rights
thereunder.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by Barrett Energy
Corp., recorded May 10, 1984 in Book 1030 as Reception
No. 1966386.
All oil and gas in, on and under, and that may be produced from
the subject property as reserved by Melba Grace Distel in the Deed
to C & M. Ready Mix Concrete Co. of Boulder, a Colorado
Corporation, recorded December 30, 1988 in Book 1017 as Reception
No. 1951667, and any interests therein or rights thereunder.
Terms and conditions as set forth in Mining Use by Special Review
recorded June 12, 1990 in Book 1266 as Reception No. 02216672.
Page 7
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951317
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TRANSAMERICA TITLE INSURANCE COMPANY
Commitment No.:
8034935
SCHEDULE B - Continued
EXCEPTIONS
NOTE:
The following notices pursuant to CRS 9-1.5-103 concerning
underground facilities have been filed with the Clerk and
Recorder. These statements are general and do not necessarily
give notice of underground facilities within the property.
(a) Mountain Bell Telephone Company, recorded October 1, 1981 in
Book 949 as Reception No. 1870705.
(b) Colorado Interstate Gas Company, recorded August 31, 1984 in
Book 1041 as Reception No. 1979784.
(c) Associated Natural Gas, Inc., recorded March 3, 1988 in Book
1187 as Reception No. 2132709.
(d) Western Gas Supply Company, Recorded April 2, 1985 in Book
1063 as Reception No. 2004300.
(e) Panhandle Eastern Pipe Line Company, recorded June 26, 1986
in Book 1117 as Reception No. 2058722.
(f) United Power, Inc., formerly Union Rural Electric
Association, Inc., recorded January 24, 1991 in Book 1288 as
Reception No. 02239296.
Page 8
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AR241l9SdS
ASSIGNMENT AND A tMPTION OP OPTION AGREEMENT
(Distel Option)
This Assignment and Assumption of Option ("Assignment") is entered into as of the
30th day of September, 1994, between C & M Ready Mix Concrete Co. of Boulder, a Colorado
corporation ("Assignor") and C & M Aggregates Limited, a Colorado limited partnership
("Assignee").
Recitals
A. Assignor is selling and Assignee is acquiring certain real and personal property
situated in Colorado pursuant to a certain Purchase Agreement dated September 30, 1994 by and
among Assignor, David B. Nystrom, as Sellers, and CAMAS America, Inc., as Purchaser.
B. In connection with the above -referenced sale, Assignor desires to assign to
Assignee all Assignor's right, title, and interest in and to certain leases and other property rights, and
to delegate to Assignee all of Assignors duties and responsibilities as tenant or lessee under any leases
and other agreements, and Assignee desires to accept such assignment and delegation from Assignor.
Covenants
NOW THEREFORE, in consideration of the mutual covenants and promises of the
parties set forth herein, and for other good and valuable consideration, receipt of which is hereby
confessed and acknowledged, the parties agree as follows:
1. Assignment of Option. Assignor hereby assigns to Assignee all of Assignor's
right, title, and interest as optionee under the Option Agreement (the "Option Agreement") described
in that certain Memorandum of Option Agreement dated as of March 30, 1992 and recorded April
21, 1992 in Book 1333 at Reception No. 2285084 in the records of the Weld County, Colorado,
Clerk and Recorder, with respect to the property (the "Property") described on Exhibit A attached
hereto. Assignee accepts the Assignor's assignment of its interest in the Property and with respect
to the Option Agreement.
2. Special Warranty. Assignor, for itself, its successors and assigns, does
covenant and agree that it shall and will warrant and forever defend the interests of Assignee, its
successors and assigns, in, to and under the Option Agreement against all and every person or persons
claiming by, through or under the Assignor, except as set forth on Exhibit B attached hereto and
incorporated herein.
3. Assumption of Responsibilities. Assignor hereby delegates to Assignee, and
Assignee hereby assumes and agrees to perform all obligations, responsibilities, and duties accorded
to the optionee with respect to the Lease Agreement.
4. Binding Effect. This Assignment shall be binding upon and inure to the benefit
of Assignor and Assignee, and their respective successors and assigns.
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Mary Ann Feuerstein Weld.to., Clerk & Recorder 40.00
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IN WITNESS WHEREOF, the parties hereto have executed this Assignment on the
date first set forth above.
ASSIGNOR:
C & M READY MIX CONCRETE CO.
OF BOULDER, a Colorado corporation
By;
LJ O , yf
Patrick S. Groff, Vice President and Sec t8751:) ,.,c'• •
MrP ..
ASSIGNEE:
C & M AGGREGATES LIMITED, a Colorado
limited partnership
By: Denver Aggregates, Inc., General Partner
By:
STATE OF COLORADO
ss.
COUNTY OF DENVER
Q.(12 -c,
Mic . : el E. Hayes, President
The foregoing instrument was acknowledged before me by Patrick S. Groff, as Vice
President and Secretary of C & M Ready Mix Concrete Co. of Boulder, a Colorado corporation on
this a -1t•) day of September, 1994.
Witness my hand and official seal.
My commission expires: I -.)3 -'lb
ahrt‘2.1.64-1
2
Notary Public
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STATE OF COLORADO
SS.
COUNTY OF DENVER
The foregoing instrument was acknowledged before me by Michael E. Hayes, as
President of Denver Aggregates, Inc„ General Partner of C & M Aggregates Limited, a Colorado
limited partnership, on this 3044\ -day of September, 1994.
Witness my hand and official seal.
My commission expires: I -)3
y�
p"EAL) • f,`
Notary Public
'TF oc cr
c'
GUARANTEE OF LESSEE'S OBLIGATIONS
CAMAS America, Inc., a Delaware corporation ("CAMAS") does hereby guarantee
the full, faithfulandtimely performance by C & M Aggregates Limited of all its obligations under the
above -described Lease Agreement and the above Assignment and Assumption of Lease.
This Guarantee shall be binding upon CAMAS, and its successors and assigns. Lessor
and/or Assignor shall not be required to initiate or exhaust remedies against C & M Aggregates prior
to exercising their respective rights hereunder, and may abandon any remedy against C & M
Aggregates without thereby impairing, waiving or reducing in any manner its claims under this
Guarantee.
CAMAS AMERICA, INC.
By: ,e
Michel E. Hayes,
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EXHIBIT A
(Distel Option)
LEGAL DESCRIPTION
The N1/2 of the NE1/4 of the NE1/4 of the NW1/4; the S1/2 of the N1/2 of
the NE1/4 of the NW1/4; the S1/2 of the NE1/4 of the NW1/4; the NW1/4 of
the NE1/4 and the E1/2 of the sE1/4 of the NW1/4, all in Section 17,
Township 2 North, Range 68 West of the 6th P.M.
ALSO a parcel of land in the SW1/4 of the NE1/4 of Section 17, Township 2
North, Range 68 West of the 6th P.M., more particularly described as
follows:
Commencing at a point which is the center of said Section 17;
thence North 0 degrees 35 minutes East 25.0 feet to the North
right-of-way line of a county road, the True Point of Beginning;
thence North 0 degrees 35 minutes East along the West line of said NE1/4,
250 feet, more or less, to the Southwesterly right-of-way line of the
Chicago, Burlington & Quincy Railroad, Lyons Branch (previously B. & M.
R. R.);
thence South 51 degrees 20 minutes East along the said Southwesterly
right-of-way line 402 feet, more or less to the intersection of said
right of way line of the Chicago, Burlington & Quincy Railroad with the
North line of the county road;
thence West along the North right-of-way of the county road 316 feet,
more or less, to the Point of Beginning;
ALSO the S1/2 of the SE1/4 of the SW1/4 of the SE1/4 of Section 8,
Township 2 North, Range 68 West of the 6th P.M., County of Weld, State of
Colorado.
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EXHIBIT B
Pistol Option
Right of way for said railway in width and in manner as provided
by the Acts of Congress in relation thereto, as reserved by the
Denver Pacific Railway and Telegraph Company in the Deed to George
W. Coffin, recorded August 16, 1881 in Book 25 at Page 55.
(Affects S1/2NW1/4 of Section 17)
Right of way for said railway in width and in manner as provided
by the Acts of Congress in relation thereto, as reserved by the
Denver Pacific Railway and Telegraph Company in the Deed to Amos
J. Emmons, recorded April 22, 1885 in Book 25 at Page 62.
(Affects SW1/4NE1/4 of Section 17)
Right of way as granted to The Denver Utah and Pacific Railroad
Company by George W. Coffin by Right of Way Deed recorded August
8, 1889 in Book 86 at Page 191, affecting the following described
property: A strip of ground 100 feet wide, it being 50 feet on
each side of the center line of the railroad of said company as
located upon E1/2 of the NW1/4 of Section 17, Township 2 North,
range 68 West of the 6th P.M.
Right of way
Company by a.
1889 in Book
property: A
each side of
located upon
of the 6th P.
as granted to The Denver Utah and Pacific Railroad
J. Emmons by Right of Way Deed recorded August 8,
86 at Page 192, affecting the following described
strip of ground 100 feet wide, it being 50 feet on
the center line of the railroad of said company as
NE1/4 of Section 17, Township 2 North, Range 68 West
M.
Farmers No. 3 Reservoir, and any and all rights of way therefor,
as evidenced by Map filed June 1, 1910 as Filing No. 156140,
insofar as the same may affect subject property.
Right of way to take water from Coffin & Davis Ditch over and
across SW1/4 of SE1/4 and SE1/4 of SW1/4 of Section 8, Township
North, Range 68 West of the 6th P.M.; also the right to use the
present road over, through and across the described land for
egress and ingress, as granted to George R. Powell by George E.
Coffin by deed recorded January 11, 1917 in Book 463 at Page 278.
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Distel Option (continued)
All ores and minerals, including oil and gas within, upon or under
said parcels of land with full rights to explore for and extract
the same but without the right to disturb the surface thereof, as
reserved by The Great Western Sugar Company in the Deed to Frank
Distel, recorded May. 24, 1968 in Book 595 as Reception No.
1516785, and any interests therein or rights thereunder.
(Affects the following described property: A parcel of land in
the SW1/4NE1/4 of Section 17, Township 2 North, Range 68 West of
the 6th P.M., more particularly described as follows: Commencing
at a point which is the canter of said Section 17; thence North 0
degrees 35 minutes East 25.0 feet to the North right of way line
of a county road, the true point of beginning; thence North 0
degrees 35 minutes East along the West line of said NE1/4, 250
feet, more or less, to the Southwesterly right of way line of the
Chicago, Burlington & Quincy Railroad, Lyons Branch (previously B.
& M. R. R.); thence south 51 degrees 29 minutes East along the
said Southwesterly right of way line 402 feet, more or less, to
the intersection of said right of way line of the Chicago,
Burlington & Quincy Railroad with the North line of the county
road; thence West along the North line of the county road; thence
west along the North right of way of the county road 316 feet,
more or less, to the point of beginning. Also, all that part of
the SE1/4 of the NW1/4 of said Section 17, more particularly
described as follows: Beginning at a point on the North and South
centerline of said Section 17 and 25 feet North of the center of
said section; thence North along said North and South centerline
of said section, 250 feet, more or less, to the point of
intersection with the Southwesterly right of way line of the
Chicago, Burlington & Quincy Railroad company; thence along said
Railroad Company right-of-way North 51 degrees 21 minutes West
379.3 feet to a point; thence South along the East line of that
certain tract or parcel conveyed by The Great Western Sugar
Company to Melvin E. Longfellow by deed dated August 17, 1984,
recorded April 22, 1949 in Book 1246 at Page 96, a distance of
51.0 feet; thence on the same line extended South and parallel
with the East line of said NW1/4, 164.5 feet to a point; thence
Southeasterly 400 feet, more or less, to the point of beginning.)
Oil and gas lease between Melba Grace Distel and Buddy Baker dated
October 26, 1979, recorded December 3, 1979 in Book 889 as
Reception No. 1810719, and any interests therein or rights
thereunder.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by Barrett Energy
Corp., recorded May 10, 1984 in Book 1030 as Reception
No. 1966386.
Terms and conditions as set forth in Mining Use by Special Review
recorded June 12, 1990 in Book 1266 as Reception No. 02216672.
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Pistel Option (continued)
A 60 foot wide nonexclusive, road and utility easement, as
granted to C & M Ready Mix Concrete Co. of Boulder, a Colorado
Corporation by Melba Grace Distal by Deed recorded December 30,
1983 in Book 1017 as Reception No. 1951667, affecting the
following described property: Easement located in the N1/2 of
Section 17, Township 2 North, Range 68 West of the 6th P.M., the
centerline of which being more particularly described as follows:
Beginning at a point on the North line of the NW1/4 of Section 17,
Township 2 North, Range 68 West of the 6th P. M. which is 3o feet
Westerly of the N1/4 of said Section 17; thence Southerly and
parallel with the Easterly line of said NW1/4 of Section 17, to
the intersection with the centerline of a 60 foot wide,
non-exclusive road and utility easement which is parallel with the
southwesterly line of the R.O.W. granted to The Denver Utah and
Pacific Railroad Company by George W. coffin by Right of Way Deed
recorded August 8, 1889 in Book 86 at Page 191; thence
Southeasterly along said centerline of said 60 foot wide road
utility easement, and being 30 feet Southwesterly and parallel
with the said Southwesterly railroad R.O.W. line to the
intersection with the Northerly line of Weld County Road No. 20
and one-half.
Lease, and the terms and conditions thereof, between Melba Grace
Distel, Lessor and C & M Ready Mix Concrete Co. of Boulder, a
Colorado Corporation, Lessee, providing for a term commencing on
December 29, 1983 and expiring at midnight on December 28, 1993,
with an option for renewal for an additional term ending on
December 28, 1993, with an option for renewal for an additional
term ending on December 28, 2003, as shown by Memorandum of Lease
recorded December 30, 1983 in Book 1017 as Reception No. 1951669.
(Affects the following described property: NS/2 of the NE1/4 of
the NE1/4 of the NW1/4, and 51/2 of the N1/2 of the NE1/4 of the
NW1/4, and N1/2 of the S1/2 of the NEI/4 of the NW1/4, and NW1/4
of the NW1/4 of the NE1/4, all in Section 17. Township 2 North,
Range 68 West of the 6th P.M.)
option to Purchase, and the terms and conditions thereof, between
Melba Grace Distel, 0ptionor, and C & M Ready Mix Concrete Co. of
Boulder, a Colorado Corporation, Optionee, providing for a term
commencing December 29, 1983 and ending at midnight on December
28, 1990, as shown by Memorandum of Option to Purchase recorded
December 30, 1983 in book 1017 as Reception No. 1951670.
All of the oil, gas and other minerals, as conveyed to Distal
Family Trust, William Leo Distal, Trustee by Mineral Deed recorded
September 28, 1984 in Book 1044 as Reception No. 1983277, and any
interests therein or rights thereunder.
Easement and right of way electric facilities, as granted to
United Power, Inc. by Melba Grace Distal, recorded March 27, 1991
in Book 1294 as Reception No. 2245170, affecting the following
described property:
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Distel Option (continued)
An easement and/or right-of-way 10 feet in width, 5 feet on either
side of the following described centerline on, over and across a
part of that property located in the N1/2 of Section 17, Township
2 North, Range 68 West of the 6th P.M., County of Weld, State of
Colorado, said easement centerline described as follows:
Commencing at a point on the Northerly right-of-way line of Weld
County Road 20 1/2, said point being the Southwesterly point of a
60 foot wide non-exclusive road and utility easement as described
in the Warranty Deed between Melba Grace Distel and C & M Ready
Mix Concrete Co. of boulder in Book 1017 as Reception No. 1951667,
Weld County Records, thence west along the North right-of-way of
said county road 255 feet, more or less, to the True Point of
Beginning; thence Northerly a distance of 215 feett more or less,
to a point of intersection with the said 60 foot wide nonexclusive
road and utility easement, said point being the point of terminus
of said easement centerline.
option to Purchase and the terms and conditions thereof between
Melba Grace Distel, optioner, and c & M Ready Mix Concrete Co. of
Boulder, a Colorado Corporation, Optionee, providing for a term
commencing March 30, 1992 and ending at midnight on January 31,
2002, as shown by Memorandum of Option Agreement recorded April
21, 1992 in Book 1333 as Reception No. 2285084.
Any and all existing leases and/or tenancies.
NOTE:
The following notices pursuant to CRS 9-1.5-103 concerning
underground facilities have been filed with the Clerk and
Recorder. These statements are general and do not necessarily
give notice of underground facilities within the property.
(a) Mountain Bell Telephone Company, recorded October 1, 1981 in
Book 949 as Reception No. 1870705.
(b) Colorado Interstate Gas company, recorded August 31, 1984 in
Book 1041 as Reception No. 1979784.
(c) Associated Natural Gas, Inc., recorded March 3, 1988 in Book
1187 as Reception No. 2132709.
(d) Western Gas Supply Company, Recorded April 2, 1985 in Book
1063 as Reception No. 2004300.
(e) Panhandle Eastern Pipe Line Company, recorded June 26, 1986
in Book 1117 as Reception No. 2058722.
(f) United Power, Inc., formerly Union Rural Electric
Association, Inc., recorded January 24, 1991 in Book 1288 as
Reception No. 02239296.
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EXHIBIT F
Distal Farm Resource
TRANSFER OF PERMIT AND SUCCESSION OF OPERATORS
APPLICATION FORM
The application for a Transfer of Permit and Succession of Operators must contain four
(4) major parts: 1) an Application Form; 2) an Application Fee; 3) a Performance
Warranty (attached as part of the Application Package) bearing the original notarized
signature of the Successor Operator; and, 4) a replacement Financial Warranty provided
by the Successor Operator, bearing an original notarized signature. To expedite
processing, please provide the information in the format and order described below.
i. FINANCIAL WARRANTY INFORMATION (Choose ONE Option):
1, Option A: ,-n-Qs" I wish to WAIVE MY RIGHT to a 30 -day
(Initial & Date) processing time to allow the Division of
Minerals and Geology to recalculate the
Financial Warranty requirements.
2. Option B:
(Initial & Date)
I DO NOT WISH TO WAIVE MY RIGHT to a
30 -day processing time. I hereby submit a
replacement Financial Warranty for the same
dollar amount as the Financial Warranty
maintained by the current operator. I
understand that the Division of Minerals and
Geology will recalculate the required
reclamation bond within 60 -days from the
becision date and the required FINANCIAL
WARRANTY COULD BE SUBSTANTIALLY INCREASED at
that time, As the new operator, I agree to
be responsible for posting any required
increase to the financial warranty for good
cause shown, in a form acceptable to the
Board, within 60 -days of such notice.
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-2-
II. ADMINISTRATIVE INFORMATION:
1, Permit Number: M-89-029
2. Operation Name: Distel Farm Resource
3. Current Permitted Operator:
Contact Person:
Company Name:
Street:
City:
State:
Area Code:
4. Successor Operator:
C & M Companies
Zip Code:
Telephone:
Contact Person: James McFarland
Company Name: c & M Aggregates Limited
Street: '' 3609 S. Wadsworth Blvd., Suite 300
City: Lakewood
State: co Zip Code: 80235
Area Code: 303 Telephone: 989-0300
IRS Tax ID No. or Social Security No.: 84-1281300
5. Application Fee: $100,00
Make check payable to the Division of Minerals and Geology
951317
SUPPORT SERVICES GROUP ID'303-980-8002 FEB 0''95 11:23 No.006 P.18
-3-
III. 1. Yes:
No:
As the successor operator do you have a complete copy, as
is available, of the approved reclamation application to
include any permit modifications?
A copy of the approved application and any modifications to
the permit may be purchased through the Division. Unless
you specify which portions of the permit file you want
copied the entire file will be copied. The Division will
send the entire file, or portions you specify, to an
outside vendor and you will be billed accordingly.
2. Yes: v Have you verified that the permit area you ire assuming
reclamation responsibility for is the area described in the
No: approved permit application?
3. Yes:
No:
Have you verified that you have legal right of entry to
conduct mining and reclamation?
951317
SUPPORT SERVICES GROUP Ir -03-980-8002 FEB 0''95 11:24 No.006 P.19
-4-
IV. RECITALS
1. On December 7
1.490 Permit Number u-89-029 was granted
to (existing operator)
("Permittee"), "), pursuant to which Permittee has been conducting a mining
operation in the County of Weld _
State of Colorado.
2. Permittee wishes to assign the permit to c & M Areregntcs Limirrd
(new operator), as Successor Operator ("Successor") and Successor wishes to
become Successor Permittee under the permit.
3. Successor understands that the reclamation plan (the "Plan") required by
the permit and by applicable State laws and regulations has not been completed
and is willing to assume full responsibility for the completion of the Plan.
V. AGREEMENTS
Permittee and Successor hereby agree, for their own benefit and for the
benefit of the State, such agreements to be effective ipso facto upon the
approval by the State of the transfer of the Permit from Permittee to
Successor, as follows:
1. Successor has inspected the mining and reclamation operations to its entire satifaction and is
fully
conditions
conditions ofthethereof. Successor
Permit.
2. Successor will complete the reclamation plan, and hereby assumes
liability for completing such plan as to all areas heretofore disturbed, as
well as to all areas hereafter disturbed. Successor will perform all of the
obligations of the Permittee under the Permit which have not heretofore been
performed by Permittee.
3. Successor hereby tenders to the State its attached Performance and
Financial Warranties" which are to be substituted for the Performance and
Financial Warranties heretofore filed by. the Permittee, effective upon the
release of the latter Warranties.
4. Successor represents to the State that, to the best of its knowledge,
information and belief, it is not in violation of any of the provisions of the
Colorado Mined Land reclamation Act with respect to any other operation
conducted by it 1n the State of Colorado.
951317
SUPPORT SERVICES GROUP ID:703-980-8002 FEB 0''95 11:24 No.006 P.20
Of - .t nnary , 199k5 by
as PRFSIDENT
NOTARY FOR SUCCESSOR
State of COLORADO )
)
County of BOULDER )
The foregoing instrument was acknowledged before me this 17th day
of January 199*5 by
James McFarland
of C & M Aggregates Limited
as 0pera[iony Manager
-5-
Permittee and Successor hereby request the State to consent to the assignment
of the Permit, to recognize Successor as Successor Operator under the Permit,
and to accept the tendered substitute Performance and Financial Warranties in
place of the Warranties presently on file with the State.
PERMITTEE
C & M Companies
Name Permittee
By
Si;na re : Officer
NOTARY FOR PERMITTEE
State of COLORADO )
)
County of BOULDER )
SUCCESSOR OPERATOR
C & M Aggregates Limited
Name of uccessor
gnature o 0 cer
erations Manager
The foregoing instrument was acknowledged before me this 17th day
DAVID B. NYSTROM
of c & M Companies
Title of Officer
Notary Public CA.i1C
My Commission Expires i�a s/'c v
Notary Publkt
C j
My Commission Expires P3/44,
951317
SUPPORT SERVICES GROUP IT '03-980-8002
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CONSENT OF STATE
EXECUTED this
FEB C-•95 11:25 No.006 P.21
day of
(a) Consent is hereby granted to the transfer of the Permit referred to
from C & M Com anies to C& M re aces LLndt.ed
(b) C M ,•re ates Limited
is hereby recognized as Successor Operator under such Permit.
(c) The Performance and Financial Warranty substitution above proposed is
hereby accepted and approved.
STATE OF COLORADO
DEPARTMENT OF NATURAL RESOURCES
MINED LAND RECLAMATION BOARD
DIVISION OF MINERALS AND GEOLOGY
8y
Division Director
(08/93)
3117F
951317
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