HomeMy WebLinkAbout982285.tiff FIE
HART ENVIRONMENTAL
A Member of the Aggregate Environmental Resource Group, LLC_. Michael I Hart & Associates
Hamm Pit Comprehensive USR
Prepared for:
Western Mobile, Inc.
Denver, Colorado
Prepared by:
Michael J. Hart
Hart Environmental
Boulder, Colorado
August 17, 1998
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Table of Contents
Tab No.
• USR Application 1
• Current USRS 2
• No. 1132
• No. 809
• No. 397
• Water Resources 3
• Soils 4
• Maps 5
982285
FETE
HART ENVIRONMENTAL
A Member of the Aggregate Environmental Resource Group, LLC. • Michael I.Hart & Associates
August 17, 1998
Monica Daniels-Mika
Director, Department of Planning Services
Weld County, Colorado
1400 N. 17th Avenue
Greeley, Colorado 80631
Re: Sand and Gravel USR (Hamm Pit)
Dear Mrs. Daniels-Mika:
Recently you met with Mr.Dallas Glasser, with Western Mobile, and me to discuss
Western Mobile's Hamm Pit sand and gravel mining operation located west of Del Camino,
Colorado, and north of Colorado State Highway 119. Specifically,Western Mobile was
seeking your guidance regarding their desire to add additional sand and gravel ground to
the company's existing Hamm Pit sand and gravel operation.
Currently,Western Mobile's Hamm Pit operation consists of three Weld County
approved USRs including the following:
• USR#397 as amended, known as "Boulder Creek Estates," and is permitted by the
Colorado Mined Land Reclamation Board(Permit#M-79-113). Located south of
State Highway 119. Sand and gravel is excavated and transported by conveyor
under Highway 119 to Western Mobile's processing facility at the Hamm Pit(USR
1132 and USR 809). Mining at the Boulder Creek Estates parcel will be completed
within the next seven months; however,Western Mobile will continue to use the
52351\401110W Avenue property for purposes of conveying sand and gravel from adjacent properties to the
P.o. Box cot Hamm Pit processing plant.
13o&e1.CO R0306
Pb/Fax:303.111.660?
Wetlands Balking
nnirmnnenlal/All1agemenl
Ln:d Um Plamliug
Reclamation Design
Permitting&Zoning
982285
Monica Daniels-Milo
August 17, 1998
Page 2
• USR 809 as amended, known as the "Hamm Pit."Located west of Weld County
Road#7 and north of Colorado State Highway No. 119. Western Mobile's Hamm
Pit has been in operation since the late 1980s and is permitted by the Colorado
Mined Land Reclamation Board (Permit#M-87-176). The majority of the Hamm
Pit has been mined and reclaimed to date; however, conveyors on the property are
used to transport sand and gravel from USR 397. Also, a portion of USR 809 is
used for processing and stockpiling sand and gravel.
• USR 1132 covers a 23-acre portion of the original Hamm Pit. This parcel is used
for mining, sand and gravel processing, stockpiling, and sales. This USR also
allows for the use of concrete and asphalt batch plants at this site.
As currently permitted sand and gravel reserves are depleted, new sources of sand
and gravel must be permitted. To that end, Western Mobile desires to obtain USR approval
for three additional parcels of land located adjacent to the Hamm Pit and to the Boulder
Creek Estates Pit. The new parcels are described as follows:
• The"Adam"parcel is approximately 23 acres in size and is located adjacent to the
north line of USR 809. Sand and gravel excavated from"Adam" will be
transported by conveyor to the Hamm Pit plant for processing.
• The "Heaton" parcel is approximately 75 acres in size and is situated south of
Highway 119 and west of Weld County Road No. 7 adjacent to the Boulder Creek
Estates property (USR 397) on the west. Excavated sand and gravel will be
transported from Heaton to Hamm by conveyor under Highway 119.
The requested application proposes no changes to the currently approved mining
rates, methods, work force, equipment,or transportation requirements as currently
permitted. Sand and gravel from the two new mining areas will be transported by
conveyor to the existing processing plant (USR 1132). No new access roads will be
required to develop the two additional mining areas.
The proposed mining is compatible with current land uses,Weld County planning
goals and policies and the I-25 Mixed Use Development plan (MUD). Pursuant to the
MUD the proposed mining areas have"limiting site factors" due to their location in the
982285
Monica Daniels-Mika
August 17, 1998
Page 3
100-year flood plain or Boulder and St. Vrain Creeks. Consistent with the MUD planning
goals and policies, the post-mining land uses include wildlife habitat and outdoor
recreation; however, portions of the site adjacent to Highway 119 and Weld County Road 7
may be suitable for commercial development in the future.
Transmitted with this letter,please find a Use by Special Review (Mining
Operation)Application package for Western Mobile's Hamm Pit operation, including the
currently permitted USR parcels as well as the two new parcels identified above. As we
previously discussed, the intent is to roll the current USRs and the new parcels into one
USR that would include all of the above.
In order to avoid unnecessary duplication, the enclosed Special Use package
contains, where appropriate,previously submitted material. Also, legal descriptions are
provided for each individual parcel covered under this USR application.
After you and your staff have had an opportunity to review this letter and
application,I would appreciate hearing from the case manager at the earliest convenient
time.
Sincerely,
Michael J. (Mike) Hart
End.
cc: Dallas Glasser
982285
DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices. 1400 N. 17th Avenue. Greeley. Cc.craco 30631
Phone (970) 353-6100, Ext. 3540 Fax (970) 352-6312
USE BY SPECIAL REVIEW(MINING OPERATION) APPLICATION
FOR THE DEPARTMENT OF PLANNING SERVICES USE ONLY
Application Fee Receipt Number Case Number
Recording Fee Receipt Number Zoning District
Application Checked By: Planner Assigned to Case
To be completed by APPLICANT is accordance with procedural guide requirements:
1. I (we). the undersigned. hereby request a nearing before the Weld County Planning Commission concerning
a proposed Gravel (gravel. coal. borrow pit, etc.) mining operation 'or the following described
unincorporated area of Weld County:
LEGAL DESCRIPTION: part of the SF.1 /4 of the SP] /4 of the NR1 /4 of S4 ,T2N
R68W, of the 6th P.M.
PARCEL NUMBER: 344.00.004L (12 digit number - fount cn Tax I.D. Information or
obtained at the Assessor's Office).
2. Surface owner(s) of area of land described
Name:Geo. C. & Bonita N. Adam Address: 11684 Weld . Phone: ( 303 ) 776-2772
Name: Address:Ctv Rd. # 5 1 none:
Longmont,CO 80501
3. Owner(s) of mineral rights or substance to be mined
Name: Same as Above Address: Phone:
Name: Address: Phone:
4. Source of applicant's legal right to enter and to mine on the land described:
Fee Ownership
(Include certified copy of any document(s) noted
5. Applicant's address: P.O. Box 1303 Boulder,CO 80306 Phone: ( 303 )444-6602
Address: Phone:
6. Identify any prior permits for mining held by applicant or affiliated person:
None
7. Description of Operation
A. Types and number of operating and processing equipment to be used Including but not
limited to: Front end loaders ,scrspers,dozers .comnactors .back-
hoes,graders,hoppers,conveyors ,pumps and service vehicles.
B. Maximum number of employees: 4 and number of shifts: 2
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C Number of stages to be worked: 1 and cenocs of time each is to be worked one year
D. Thickness of mineral deposit: 1 0-1 2 feet. ana thickness of the overburden: 3-4
E. This will be a wet/dry pit operation. Dry
F. Site entrance/exit points and County rcacs ana bridges to be utilized between site and delivery
point(s)(must be coordinated with County Engineer) Excavated sand and gravel will be
conveyed or hauled to the existing sand and gravel processing
plant. Services Vehicles will access off 9f yield Cty Rd. #7.
8. Description of reclamation
A. Proposed reclamation land use(s): Recreation and wildlife habitat.
B. Source of technical advise for reclamation: DMG, Western Mobile. Inc. and Hart
Environmental
C. Explanation of Reclamation Process: 70% of the site will be backfilled with
wash fines to soiled and reseeded.A. small ( 3 ) acre sealed pond
will be created at the north end of the site
1 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.ittu-t elLsolna
Sig ture: Owner/Author ed Agent
•
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•
982285
DEPARTMENT OF PLANNING SERVICES
Weld County Admnistrative Offices, 1400 N. 17th Avenue. Greeley, Colorado 80631
Phone (970) 353-6100, Ext. 3540 Fax (970) 352-6312
USE BY SPECIAL REVIEW(MINING OPERATION) APPLICATION
FOR THE DEPARTMENT OF PLANNING SERVICES USE ONLY
Application Fee Receipt Number Case Number
Recording Fee Receipt Number Zoning District
Application Checked By: Planner Assigned to Case
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 conceming
a proposed Gravel (gravel, coal, borrow pit. etc.) mining operation for the following described
unincorporated area of Weld County:
LEGAL DESCRIPTION: N1 /2 of the NE1 /4 of Section 9 ,.T7N,RERw-of the 6th P M.
PARCEL NUMBER: 1313Q94fQg.6g (12 digit number - found on Tax I.D. Information or
obtained at the Assessor's Office).
2. Surface owner(s) of area of land described
Name:poi SP Heaton Address: 2 707 Hwy 11 9Phone: ( -3nl ) 77A-171n
Name: Address: Phone:
3. Owner(s) of mineral rights or substance to be mined
Name:$ame as Above Address: Phone:
Name: Address: Phone:
4. Source of applicant's legal right to enter and to mine on the land described:
Fee Ownership
(Include certified copy of any document(s) noted
5. Applicant's address: P O Rox 1 303 Rrnil der,CO 80"306 Phone:( �nR 444-6607
Address: Phone:
6. Identify any prior permits for mining held by applicant or affiliated person:
None
7. Description of Operation
A. Types and number of operating and processing equipment to be used Tnrluding but not
limited to:front end loaders,scrapers,dozers,compactors,pumps
backhoes,graders .hoppers .conveyors and service vehiries
B. Maximum number of employees: 4 , and number of shifts: 2
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982285
C. Number of stages to be worked: 2 and periods of time each is to be worked Each stage
will rsquire one to two years to complete.
D. Thickness of mineral deposit: 12-15 feet. and thickness of the overburden: 3-4
E. This will be a wet/dry pit operation. Dry
F. Site entrance/exit points and County roads and bridges to be utilized between site and delivery
point(s)(must be coordinated with County Engineer) Excavated sand and gravel will
be conveyed under Hwy 119 . There will be a service and
equipment service road off of weld co. road #7 .
8. Description of reclamation
A. Proposed reclamation land use(s):Multi land use including open water and
developable land ( 5-10 ,acres) .
B. Source of technical advise for reclamation:opus, western Mobile.Inc. and
Hart Environmental .
C. Explanation of Reclamation Process:Side slopes of pond area will be sloped to
1 1 and revegetRterl Developable ground at the east end of the pro-
pnrty wi11 he hnrkf11Ieri with overburden and shale.
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.
472)0-2c2, /1G
Signature: Owner/Authorized Agent
•
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982285
Hamm Pit Comprehensive Plan
(Including USR#397, 809, and 1132)
Response to Application Requirements and Questions
1. Completed, signed original USR application forms (3),plus 24 copies and the required fee of
$1,455 are attached.
2. A detailed description of the method of mining is as follows:
a. The types and numbers of equipment to be used are consistent with the currently
approved USRs associated with the Hamm Pit operation. No change is equipment from
the currently approved operation is proposed under this application.
b. No changes in employment or working hours from those currently approved are
proposed under this application.
c. All proposed mining stages will be operated as dry pits; each stage will be dewatered
prior to mining.
d. There are no changes from the currently approved local road use proposed under this
applications. Weld county Road No. 7 will continue to be the primary access point for
the Hamm Pit sand and gravel operation.
e. Currently, the final stage of USR#397 (Boulder Creek Estates) is being mined and
reclaimed. Mining of this stage is anticipated to be completed by the end of 1998. The
remaining Hamm Pit sand and gravel reserves are divided into four areas as follows:*
Area A. USR 1132 23 acres
Area B. "Adam" 23 acres
Area C. "Heaton"
• Phase 1 37 acres
• Phase 2 37 acres
f. It is anticipated that Areas A and B will each take approximately one year to complete and
that Area C will require 3-4 years to complete. The above time estimates are based on
current economic conditions and associated demand for sand and gravel products.
g. The average depth of sand and gravel ranged between 12 and 15 feet. The average
thickness of overburden to be removed ranged from 3 to 5 feet.
*It should be noted that the stages are not intended to be in chronological order.
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982295
h. The Reclamation Plan map is included with this application. The proposed post-
reclamation land uses include recreation and wildlife habitat for Area B and Phase 2 of
Area C. Portions of Areas A and C (Phase 2) will be reclaimed in such a manner as to
facilitate possible future development. The reclamation process involves the grading and
shaping of banks in areas where open water will be a post-mining landscape feature.
Other reclaimed areas will be backfilled with wash fines, covered with topsoil, and
revegetated or backfilled with overburden and shale from the pit floor, topsoiled and
revegetated.
i. Technical advice was obtained from Western Mobile, Inc., the Colorado Division of
Minerals and Geology and Hart Environmental.
3. A certified list of properly owners within 500 feet of the new parcels to be permited was
prepared by the Weld County Tide Company and is included with this USR application.
4. A certified list of mineral owners and lessees of minerals on or under the new parcels to be
permitted was prepared by the Weld County Tide Company and is included with this USR
application.
5. Additional documents submitted by the applicant with this application include the following:
a. Reclamation plans which either have been or will be submitted to the Colorado Division
of Minerals and Geology are provided as exhibits to this submittal.
b. There is an agreement in place with the Saint Vrain &Left Hand Water Conservancy
District dated April 6, 1988, that covers the sand and gravel mining operation as well as
a Water Well Permit(No. 037683-F) with the State Water Engineers Office, both of
which are included as exhibits to this submittal.
c. No new drainage structures or modification of existing drainage structures will be
required as a result of this application.
d. No new haul roads will be constructed for this application. Excavated sand and gravel
will be transported to the Hamm Pit processing plant by conveyor.
6. The proposed use is consistent with the Weld County Comprehensive Plan. To date, the
majority of the Hamm Pit site has been mined and reclaimed. The "Adam"parcel has minimal
agricultural value. The"Heaton"parcel has been historically used for cultivation of row
crops. The extraction of mineral resources will not result in a significant loss of prime
agricultural land.
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982285
The Hamm Pit Comprehensive Plan is located in the Mixed Use Development(MUD)
area. Post-mining conditions will be compatible with existing and proposed adjacent land
uses. Riparian habitat areas will be undisturbed by the proposed new mining areas.
Following mining the Hamm Pit Comprehensive Plan area will provide significant wildlife
habitat as well as an enhanced landscape and visual aesthetic.
Important sand and gravel resources have been identified for this area in the Weld
County Comprehensive Plan. Sand and gravel mining is currently a significant land use
along this section of the Colorado Highway 119 corridors.
The operator(Western Mobile)will be able to extend the life of their Hamm Pit sand and
gravel operation, thereby continuing to provide tax revenues and employment opportunities to
the area. In addition, the Hamm Pit sand and gravel operation does not require any county
resources; rather, the operation provides significant aggregate resources needed to meet the
growth demands of the area.
7. The Hamm Pit Comprehensive Plan area is located in the MUD. The site is characterized as
having "limited site factors" due to its location in the 100-year flood plain of Boulder and St.
Vrain Creeks. Reclamation of the site will be as open ponds with areas peripheral to the
ponds backfilled. The majority site will be useful for wildlife habitat and recreation, which
are compatible with the Weld County MUD goals.
8. Certain productive agricultural lands in the "A"zoned district will be lost due the proposed
mining operation associated with the Hamm Pit Comprehensive Plan. It is often difficult if
not impossible to recover sand and gravel resources without affecting the agricultural uses that
occur on the surface of the land to be mined.
9. The applicant will secure the site with appropriate fencing. All mining and processing
operations will be carried out in accordance with applicable permits. The project is not
anticipated to pose risks to the health and safety of local residents of Weld County.
10. Currently, local land uses include agriculture, livestock grazing, gas production, mining and
residential. The permitted use will be compatible with existing uses. Reclamation of the site
will be compatible with other local reclaimed mine areas.
11. As stated above,the expansion is located in the MUD area. The post-mining uses include
wildlife habitat recreation. These uses are compatible with MUD goals.
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982285
12. The site is located within the 100-year flood plain of St. Vrain Creek and Boulder Creek. The
area is designated as Zone "A" corresponding to Floodprone Zone FP-1, base flood
elevations and other flood hazard factors undefined.
The proposed mining is not anticipated to have adverse impacts on local flood hazard
potential. The post-mining ponds will increase local flood storage capacity and reduce
downstream flood hazards.
The proposed expansion area does not lie in the airport overlay or geologic hazard
overlay districts.
13. Existing water supplies are adequate for processing operations. No change in the type or rate
of processing is proposed as part of this application.
14. Required legal instruments are provided as exhibits to this application.
15. No increases in equipment usage or changes to the existing mining operation are proposed as
part of this amendment. Therefore, no increases to existing ambient noise levels are
anticipated.
16. Please refer to previously submitted and approved USRs associated with this application and
submitted as part of this application.
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982285
HAMM PIT DEVELOPMENT STANDARDS
1. These site-specific development plans and special review permit are intended to
replace the following previously approved use by Special Review Permits USR 397,
USR 809 and USR 1132. The following development standards are for open pit sand
and gravel mining operations, including the conveyance of excavated sand and gravel
under Colorado State Highway 119, importation of sand and gravel material,
processing and sales, and concrete and asphalt batch plant operations in the "A"
(agricultural) Zone District as described in the previously submitted application
materials on file with Weld County, as well as new application materials submitted
under this Special Use Review Permit, all of which is subject to the development
standards stated herein.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the
Weld County Zoning Ordinance.
3. The sand and gravel operation shall comply with operation policies identified in
Sections 44.4, 44.5 and 44.6 of the Weld County Zoning Ordinance. Any violation of
these regulations shall be grounds for cancellation of the Permit.
4. All Operations on said described parcel shall maintain conformance at all times with
the Weld County Flood Hazard Overlay District.
5. All liquid and solid wastes shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination.
6. No permanent disposal of wastes shall be permitted on this site.
7. Waste materials shall be handled, stored, and disposed in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
8. Fugitive dust shall be controlled on this site.
9. The maximum permissible noise level shall not exceed the industrial limit of 80 db(A),
as measured according to 25-12-102, Colorado Revised Statutes.
10. All construction on the property shall be in accordance with the requirements of the
Weld County Building Code Ordinance.
11. The site shall maintain compliance with the Mountain View Fire Protection District,
the U.S. Fish and Wildlife Service, and the U.S. Aimy Corps of Engineers.
12. Mining in the St. Vrain or Boulder Creek shall be prohibited.
13.No excavation or processing of sand and gravel nor the creation of any reclaimed lake
982285
boundary shall be permitted nearer than 100 feet to the St. Vrain or Boulder Creek.
14. All sand and gravel operations shall be conducted during the hours of daylight except
in the case of public or private emergency or to make necessary repairs to equipment.
This restriction shall not apply to operation of administrative and executive offices or
repair and maintenance facilities located on the property.
15. The conveyor crossing over Boulder Creek shall be elevated to allow the passage of
canoes and small boats on the river.
16. "No Trespassing" signs shall be posted and maintained on the perimeter fence to
clearly identify the boundaries of the site.
17.No excavation shall occur within 25 feet of an easement.
18. No excavation shall occur within 50 feet of State Highway 119.
19.No excavation shall occur within 250 feet of any existing residence.
20. Excavation-generated traffic shall utilize the approved haul road, Weld County Road
7, and shall maintain compliance with the existing improvements agreement. In
addition, vehicular traffic shall ingress and egress onto Weld County Road 7 as shown
on the Special Review plat.
21. Lighting provided for security and night operation on the site shall be designed so that
the lighting will not adversely affect surrounding property owners.
22. The site shall be maintained in such a manner so as to prevent soil erosion, fugitive
dust, and the growth of noxious weeds. The site shall be maintained in such a manner
as to present a neat and well-kept appearance.
23. Existing trees and ground cover along public road frontage and drainage ways shall be
preserved, maintained, and supplemented, if necessary, for the depth of the setback in
order to protect against and/or reduce noise, dust, and erosion.
24. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over
the reclaimed areas.
25. The property owner or operator shall be responsible for complying with the Design
Standards of Section 24.5 of the Weld County Zoning Ordinance.
26. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 24.6 of the Weld County Zoning Ordinance.
27. An individual sevtge disposal system or a vault shall be used as the sewwgg disposal
system thy the situ. The system or vault shall be installed according to the Weld
County and Individual Sewage Disposal Regulations.
982285
28. Personnel from the Weld County Health Department and the 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 to comply
with the Development Standards stated herein and all applicable Weld County
regulations.
29. The Special Review area shall be limited to the plans shown herein 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 Permit 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 be filed in the office of
the Department of Planning Services.
30. 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.
HAMM PIT EXTRACTION STANDARDS
1. No. excavation or processing sand and gravel shall be permitted nearer than ten(10)
feet to the Boundary of adjacent property(excluding the common lot lines between
Lot A and Lot B and as depicted in this Permit) or irrigation ditch, within 25 feet of an
easement, within 50 feet of State Highway 119, or within 250 feet of an existing
residence or right-of-way.
2. All sand and gravel operations shall be conducted during the hours of daylight except
in the case of public project or private emergency, or to make necessary repairs to
equipment. This restriction shall not apply to operation of administrative and executive
offices or repair or maintenancefacilities located on the property.
3. Weeds and any other unsightly or noxious weeds shall be cut or trimmed as may be
necessary to preserve a reasonably neat appearance and to prevent seeding on adjacent
property.
4. Existing trees and groundcover along public road frontage and drainageways shall be
preserved, maintained and supplemented if necessary for the depth of the setback.
5. Insofar as practicable, all means of access to the property from any street shall be
located and designated as to avoid the routing of vehicles to and from the property
over streets that primarily serve residential development.
6. All access roads from sand and gravel operations to public highways, roads, or streets,
or to adjoining residential structures shall be paved or otherwise treated to minimize
dust conditions of all parts of such access roads that are located within on-fourth mile
of the public highway, road, street, or adjoining residential structure.
982295
7. The property shall be fenced with three-strand barbed wire and posted with"No
Trespassing" signs.
8. All topsoil shall be set aside for reclamation.
9. Rock crushers and similar accessory facilities and equipment, and batching (concrete
and asphalt) facilities, as well as the importation, by conveyor, of sand and gravel
materials from adjoining or surrounding properties will be allowed. Concrete and
asphalt batch plants shall meet the requirements of Section 31.4 of the Weld County
Zoning Resolution. Applies to Lots "A" and"B" only.)
10. Conveyors, field hoppers and similar accessory facilities and equipment, as well as the
conveyance of sand and gravel materials from adjoining, surrounding or other
properties will be allowed.
11. The operator shall furnish evidence they are insured to the extent of not less than
$100,000.00 against liability for any negligent act or omission by the operator from the
operation or maintenance of the sand and gravel pit and the extraction and production
of sand and gravel and all activities connected with or incidental thereto.
982285
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department
933 North 11th Avenue, P.O. Box 758, Greeley, Colorado
Phone: (970) 356-4000, Ext. 3750
1. Applicant Name JC< Gravel, Inc. Phone970/339-9404
Addresss250 W. 16th Street, 446
CityGreelev State CO zip 80634
2. Address or location of access Weld Count•, Road 47
Section 4 Township 2 North Range 63 West
Subdivision Block Lot
Weld County Road ≥r 7 Side of Road West N S E or W
Distance from & number of intersecting
3. Is there an existing access to the property? Yes X No *of accesses 3
4. Site Sketch:
r _ ;_
i
r
_ =+.:. it tom, •� �N
W Plant Area 1 '
/o rC sett x
1:F(
5. Proposed use:
xx Permanent _ Residential/Agricultural _ Industrial
_ Temporary _ Commercial _ Subdivision Other
OFFICE USE ONLY
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Other Comments:
Installation authorized Information Insufficient
Special Conditions
Reviewed by: Title:
7 ,
982285
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Application No.
Subject Property Pt SE/4 NE/4 4-2-68
WCTC Order No. WR47073
STATE OF COLORADO )
) s5.
COUNTY OF WELD )
THE UNDERSIGNED, being first duly sworn, states that to the best of his or her
knowledge, the attached list is a true and accurate list of the names, addresses and the
corresponding Parcel Identification Number assigned by the Weld County Assessor of the owner
of property (surface estate) within 500 feet of the property subject to the application. this list
was compiled from the records of the Weld County Assessor, or an ownership update from a title
or abstract company or attorney, derived from such records, or from the records of the Weld
County Clerk and Recorder. The list compiled from the records of the Weld County Assessor
shall have been assembled within thirty (30) days of the application submission date.
This Certificate is not to be construed as an Abstract of Title nor an Opinion of Title, nor a
Guarantee Title, and the liability of WELD COUNTY TITLE COMPANY is hereby limited to
the fee paid forthis Certificate.
r O... PU.. 11 WELD COUNTY TITLE COMPANY
•� C' X111
•
` CHERYL L. •• By: �,t.y'X� 6 . U.�a-�
ke..--caa/
FERGUS0N i iJ
111Nf. 4t)
IIIq� QQ Title: Vice President
/� The t rg instrument was subscribed and sworn to before me this / n day of
GLCI o-t , 19f
WITNESS my hand and official seal.
My Commission Expires: 1/44/
t& Notary otazy�.`' lic
982285
NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET
Please Print or Type
NAME ADDRESS, TOWN/CITY ASSESSOR'S PARCJ
STATE AND ZIP CODE IDENTIFICATION #
Nick N. Bacria 11488 Weld County Rd 7 131303000009
Longmont CO 80504
Rademacher Family 3525 Hwy 119 131303000046
Limited Partnership Longmont CO 80504
Gerald L. Bacon 11994 Weld County Rd 7 131303000049
Sheryl Lynn Olander Longmont CO 80504
Same Same 131303000050
Western Mobile Boulder, Address Not on Deed 131304000041
Inc. , a Delaware
Corporation
George C. Adam, Jr. 11684 Weld County Rd 5H 131304000046
Bonita M. Adam Longmont CO 80504
George C. Adam, Jr. Same 131304000047
9132265
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND/OR SUBSURFACE
Application No.
Subject Property Pt NE/4 4-2-68
WCTC Order No. WR47073
STATE OF COLORADO )
) s5.
COUNTY OF WELD )
THE UNDERSIGNED, being first duly sworn, states that to the best of his or her
knowledge, the attached list is a true and accurate list of the names and address of all mineral
owners and lessees of minerals owners on or under the parcel of land which is the subject of the
application as their names appear upon the records in the Weld County Clerk and Recorder's
Office, or from an ownership search from a title or abstract company or attorney.
This Certificate is not to be construed as an Abstract of Title nor an Opinion of Title, nor a
Guarantee Title, and the liability of WELD COUNTY TITLE COMPANY is hereby limited to
the fee paid for this Certificate.
WELD C UNTY TITLE COMPANY
0..•• ..pUgi)4
•
1 CHERYL L. `:
i ✓
N: FERGUS0N of Title: Vice President
/Cp.,
9
It
'1`If .. OTOO
T .mg instrument was subscribed and sworn to before me this / ' day of
4iyoc , 191g
WITNESS my hand and official seal.
My Commission Expires: u9/4/0i
C/JI Notary P is
992285
NAMES OF MINERAL OWNERS AND LESSEES OF MINERALS
Please print or type
MINERAL OWNER:
George C. Adam, Jr. and Bonita M. Adam
11684 Weld County Rd 5H
Longmont CO 80504
LESSEE:
MW Petroleum Corporation
200 E. Randolph Drive
Chicago, IL 60601
HS Resources, Inc.
1999 Broadway, Ste 3600
Denver CO 80202
Basin Exploration, Inc.
633 17th Street, Ste 1500
Denver CO 80202
982285
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Application No.
Subject Property Pt N/2 NE/4 9-2-68
WCTC Order No. WR47075
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
THE UNDERSIGNED, being first duly sworn, states that to the best of his or her
knowledge, the attached list is a true and accurate list of the names, addresses and the
corresponding Parcel Identification Number assigned by the Weld County Assessor of the owner
of property (surface estate) within 500 feet of the property subject to the application. this list
was compiled from the records of the Weld County Assessor, or an ownership update from a title
or abstract company or attorney, derived from such records, or from the records of the Weld
County Clerk and Recorder. The list compiled from the records of the Weld County Assessor
shall have been assembled within thirty (30) days of the application submission date.
This Certificate is not to be construed as an Abstract of Title nor an Opinion of Title, nor a
Guarantee Title, and the liability of WELD COUNTY TITLE COMPANY is hereby limited to
the fee p Certificate.
O� F.PUB�i
%... C' WELD OUNTY TI E COMPANY
CHERYL L.
1 FERGUS0N By:
F r . .. OQQO Title: Vice resident
The foregoing instrument was subscribed and sworn to before me this /1Th day of
, 199.
WITNESS my hand and official seal.
My Commission Expires: g/4/0/ OrirNotary Publ"
982285
NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET
Please Print or Type
NAME ADDRESS, TOWN/CITY ASSESSOR'S PARCEL
STATE AND ZIP CODE IDENTIFICATION #
Highway 119 LLC 3031 Highway 119 131303000010
Longmont CO 80504
Rodolfo Montes 3101 Highway 119 131303000011
Longmont CO 80504
Rademacher Family 3525 Highway 119 131303000046
Limited Partnership Longmont CO 80504
Katharine H. Oliver 4250 W 16th Street #46 131304000042
Greeley CO 80634
Western Mobile Boulder, Address Not on Deed 131304000041
Inc. , a Delaware
Corporation
Boulder Creek Estates 3715 Brighton Blvd 131309000002
Ltd Liability Co Denver CO 80216
Hodges Interests, LP, 10759 Weld County Rd 7 131309000067
a Colorado limited Longmont CO 80501
Partnership
Rosie Heaton 2702 Highway 119 131309000068
Longmont CO 80501
Boulder Creek Estates 3715 Brighton Blvd 131309000069
Ltd Liability Co Denver CO 80216
William L. Silvers 10608 Weld County Rd 7 131310000078
Shirley J. Silvers Longmont CO 80501
Pasquale Varra 2150 S. 96th Street 131310000087
Broomfield CO 80020
Charles W. Larson 10758 County Rd 7 131310000088
Dorothy E. Larson Longmont CO 80504
Trustees under the
Chuck Larson Living
Trust dated 10/8/97
Eddie A. Floyd 10706 Weld County Rd 7 131310000088
Linda K. Floyd Longmont, CO 80504
9132285
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND/OR SUBSURFACE
Application No.
Subject Property N/2 NE/4 9-2-68
WCTC Order No. WR47075
STATE OF COLORADO )
) 5$.
COUNTY OF WELD )
THE UNDERSIGNED, being first duly sworn, states that to the best of his or her
knowledge, the attached list is a true and accurate list of the names and address of all mineral
owners and lessees of minerals owners on or under the parcel of land which is the subject of the
application as their names appear upon the records in the Weld County Clerk and Recorder's
Office, or from an ownership search from a title or abstract company or attorney.
This Certificate is not to be construed as an Abstract of Title nor an Opinion of Title, nor a
Guarantee Title, and the liability of WELD COUNTY TITLE COMPANY is hereby limited to
the fee paid for this Certificate.
WELD OUNTY TITLE COMPANY
By: ,,,d,r6. /iii
Title: Vice President
The foregoing instrument was subscribed and sworn to before me this ILfri7 day of
alizet , 19gg
WITNESS my hand and official seal.
My Commission Expires: 1/i/C/
.1/4PR!........
04-24atn/yeca-c----
•
I CHERYL L. `:
It FERGUSON Notary Piaic
982285
NAMES OF MINERAL OWNERS AND LESSEES OF MINERALS
Please print or type
MINERAL OWNER:
Rosie Heaton
2702 Highway 119
Longmont, CO 80501
LESSEE:
Patina Oil & Gas Corporation
1625 Broadway, Ste 220
Denver, CO 80202
982285
DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, Colorado 30631
Phone (970) 353-O"100, Ext. 3540 Fax (970) 352-8312
• USE BY SPECIAL REVIEW{MINING OPERATION)APPLICATION
FOR THE DEPARTMENT OF PLANNING SERVICES USE ONLY
Application Fee Receipt Number Case Number asR 1/32.
Recording Fee Receipt Number amino District
Application Checked Bv: PlannerAssigned to Case
To be compieted by APPLICANT is accordance with procedural guide requirements:
1. I (we), the undersigned, hereby requ hearing before the Weld County Planning Commission concerning
a proposed Gravel Gravel coal, borrow pit, etc.) mining operation for the following described
unincorporated area of Weld County:
LEGAL DESCRIPTION: 23 .01 Acres in the SE 1/4 Sec 4, 1 _;t, R68W of the 61PM
FARCE) NUMBER: 1 3 1 3 0 4 0 0 0 0 4 1 (12 digit number - found on Tax I.D. Information cr
obtained at :he Assessor's Cffice).
_. Surface owner(s) of area of!and described 4250 W 16th St. , 446
�0X reeley, CO 80604
Name: Gravel, Inc.. Adcress: Phcn_: 970-339-9404
Name: Address: Phone:
Cwnen s) of mineral rights cr substance to be mired
• Name: JCR Gravel, Inc, Addr_ss: see above Phone:
Name: Address: Phone:
Source of applicants legal right to enter and :o mine on the :and described:
Free ownership - see recuest for recorded exemption
(Inciuce certified copy of any document(s) noted
5. Applicant's address: same as owner Phone:
Address: Phone:
Identify any prior permits for mining held by applicant or affiliated person:
USR-809 ( Weld County)
7. Description of Operation
A. Types and number of operating and processing equipment to be used Sand & Gravel
Mining and importation of sand and gravel materials, processing and sales,
Concrete Batch Plant, Asphalt Batch Plant
Sand & Gravel - 7 2-Seasonal
• - 2-Seasonal
B. Maximum number cf emoloyees:A h e aet 44 , and number cf shifts: 2-Seasonal
11
982285
C. Number of stages to be worked: 2 and periods of time each is to be worked
Two years West of cree, one year East of creek
feet, and thickness of the overburden: three to four
D. Thickness of mineral deposit: 12 to 15
E. This will be a we dry Pit operation. _
F. Site entrance/exit points and County roads and bridges to be utilized between site and delivery
point(s)(must be coordinated with County Engineer) weld County Road 7
8. Description of reclamation
Possible Building pad use
A. Proposed reclamation land use(s): Recreational open space
8. Source of technical advise for reclamation: DMG m Western Mobile
C. Explanation of Reclamation Process: Excavate pit then slope the side walls to
4:1 slopes
I hereby depose and state under the penalties of penury that ail statements, proposals and/or plans submitted with
or contained within this application are true and correc: to the best of my knowledge.
SCE Gravel, Inc.
Signature: Cwner/Authorized Agent
•
•
12
982285
4/95 rosicy J.
No. FC171055
SCHEDULE A
LOT "A" USR # 1132
Address
VACANT LAND
1 . Policy Date: January 15 , 1997 at 5 : 00 P.M.
2 . Name of Insured:
WESTERN MOBILE BOULDER, INC. , A DELAWARE CORPORATION
3 . The estate or interest in the land described in this Schedule
and which is covered by this policy is :
A Fee Simple
4 . Title to the estate or interest covered by this policy at the
date hereof is vested in:
WESTERN MOBILE BOULDER, INC. , A DELAWARE CORPORATION
S . The land referred to in this policy is situated in WELD
County, Colorado, and is described as follows :
A PARCEL OF LAND LOCATED IN THE SOUTHEAST ONE-QUARTER OF
SECTION 4, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH
PRINCIPAL MERIDIAN IN WELD COUNTY, COLORADO, BEING A PORTION
OF THAT PARCEL CONVEYED TO JCK GRAVEL, INC. , A COLORADO
CORPORATION, BY DEED RECORDED IN BOOK 1174 AT RECEPTION NO.
02118758 OF THE RECORDS OF WELD COUNTY, COLORADO, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE
SOUTHEAST CORNER OF SECTION 4, THENCE SOUTH 88 DEGREES 49
MINUTES 00 SECONDS WEST, WITH iaa SOUTH LINE OF THE SOUTHEAST
1/4 OF SAID SECTION 4, A DISTANCE OF 809 . 99 FEET; THENCE,
NORTH 00 DEGREES 40 MINUTES 00 SECONDS EAST, DEPARTING FROM •
THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4,
PARALLEL WITH THE EAST LINE OF ltih SOUTHEAST 1/4 OF SAID
SECTION 4, A DISTANCE OF 1, 415 .34 FEET; THENCE NORTH 88
DEGREES 57 MINUTES 36 SECONDS EAST, A DISTANCE OF 809 .92
FEET, TO A POINT IN THE EAST LINE OF THE SOUTHEAST 1/4 OF
SAID SECTION 4; THENCE SOUTH 00 DEGREES 40 MINUTES 00
SECONDS WEST, WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID
SECTION 4, DISTANCE OF 1, 413 .31 FEET TO THE POINT OF
BEGINNING. EXCEPTING THEREFROM THAT TRACT OR PARCEL OF LAND
AS CONVEYED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO,
BY SPECIAL WARRANTY DEED RECORDED APRIL 3 , 1970 IN BOOK 623
AT RECEPTION NO. 1544823 .
LAND TITLE GUARANTEE COMPANY
Page 1 This Policy valid only if Schedule B is attached.
982285
Use By Special Review Request
JCK Gravel, Inc.
23.01 Acres
LotA
July 31
August 19, 1996
This request is a result of JCK Gravel, Inc.'s desire to subdivide a larger 151.79 acre parcel and
create two lots. Each of these lots are a part of a 220 parcel that has an active sand and gravel
mining operation covered under Weld County USR-809 that allows for the mining, processing &
sale of aggregate materials as well as concrete and asphalt batch plants. The mining and
processing will be carried out as per the existing DMG permit, which is in conforemance with the
existing Weld County USR-809. The requested USR includes with it two 100 feet wide
easments, one to the north along County Rd. 7 and, one to the southwest to allow access under
the Hwy.119 bridge. These easments are to transport or convey sand and gravel materials from
adjoining properties. Materials transported into the processing site will extend the longevity of
the processing to approximatly the year 2008.
I. No excavation or processing of sand and gravel shall occur nearer than 10 feet to the boundary
of adjacent property, easement or irrigation ditch or right-of-way, nor nearer than 125 feet to any
existing residence, nor nearer than 100 feet to the St. Vrain Creek.
2. All operations shall be conducted during the hours of daylight except in the case of public or
private emergency, or to make necessary repairs to equipment. This restriction shall not apply to
operation of administrative and executive offices or repair facilities on the property.
3. Weeds and any other unsightly or noxious weeds will be cut or trimmed as necessary to
preserve a reasonably neat appearance and to prevent the seeding of adjoining properties
4. Trees and ground cover along Hwy. 119 and Weld County Rd 7 were planted as part of the
existing USR- 809 and will be saved. If areas of ground cover are disturbed as part of the
activities they will be revegetated as per the reclamation plan.
5. The access to this site is Weld county Rd 7. The access has been approved as part of the Weld
County USR-809. North of Hwy. 119 there is only one residence on the east side of County road
7 and approximately 1/4 mile north of the existing entrance to this site.
6. The Weld County Comprehensive Plan, dated : November 21,1995 NATURAL RESOURCES
section states "Weld County recognizes that mineral resource extraction is an essential industry."
This request is consistent with the Weld County Goals and Policies. This parcel contains a known
mineral deposit that is currently active and permitted with the County for aggregate mining and
concrete 8c asphalt batch plants operations.
L:`LUNDFILE\I 996\BOULDER\RA.MIM.USR I.SA21
982285
7. This parcel currently carries a Use By Special Review Permit number 309 that provides for an
orderly removal of the mineral resources. Granting of this request will allow for the continued
orderly extraction within the plan of the Weld County USR process.
8.Sufficient areable topsoil will be set aside respreading over reclaimed lands.
9.The operation will includ sand and gravel processing and stockpilling equipment as well as
concrete and asphalt batch plants.
10. These operations were previously found to be consistent with the Weld County goals
and policies and are currently operating with little or no impact to the surrounding
land-uses, roads and highways.
11. This property has been planned under USR-809 and has a mining and reclamation
plan with the State Division of Minerals and Geology, Permit No.M-87-176, that minimizes or
eliminates all impacts from all aspects of the operation to the surrounding lands. This operation as
part of USR-809 has a Road Maintenance Agreement with Weld County dated: June 3rd, 1992
and recorded November 5th, 1992 with the Weld County Clerk and Recorders office under
Reception No. 2309811 in Book 1357. The property has been secured it is fenced and has a
locked gate and posted for no trespassing as well as the plant area well lighted. All aspects of the
operation comply with all federal, state and local environmental standards.
12. The current USR-809 addresses potential adverse environmental impacts. Reclamation
soils have been neatly saved, stockpiled and seeded. The area of mining disturbance has
been kept to a minimum and reclamation has been instigated where mining has been
completed. Fish and wildlife habitats have been protected. The reclamation has and will
return the property to a productive and beneficial use. The reclamation will be
revegetated and stabilized as per the County USR and the State DMG permits.
OPERATION POLICIES
1. No excavation or processing of sand and gravel shall occur nearer than 10 feet to the boundary
of adjacent property, easements or irrigation ditch or right-of way, nor nearer than 125 feet to,any
existing residence, nor nearer than 100 feet to the St. Vrain Creek.
L: ADFILEl19966BOULDER\HAMM\USRI.SAM
982285
2. All sand and gravel, concrete batch plant and asphalt batch plant operations shall be conducted
during the hours of daylight except in cases of public or private emergency, or to make necessary
repairs to equipment. This restriction shall not apply to operation of administrative and executive
offices or repair facilities located on the property.
3. Weeds and any other unsightly or noxious weeds will be cut or trimmed as necessary to
preserve a reasonably neat appearance and to prevent the seeding of adjoining properties
4. Trees and ground cover along Hwy. 119 and Weld County Rd 7 were planted as part of the
existing USR- 809 and will be saved. If areas of ground cover are disturbed as part of the
activities they will be revegetated as per the reclamation plan.
5. The access to this site is Weld county Rd 7. The access has been approved as part of the Weld
County USR-809. North of Hwy. 119 there is only one residence on the east side of County road
7 and approximately 1/4 mile north of the existing entrance to this site.
6. All access roads from the sand and gravel operations to Public highways, roads, or streets, or
to adjoining residential structures, shall be paved or other wise treated to minimize dust
conditions on all parts of such access roads which are located within one-fourth mile of the public
highway, road, street, or adjoining residential structure.
7. The east and south property lines will be fenced and access points will be gated. The operation
is covered under an augmentation plan with The Saint Vrain & Left Hand Water Conservancy
District dated: April 6th, 1988 and recorded April 8th, 1988 in the Weld County Clerk and
Recorders office under Reception Number: 0213817 in Book 1193.
8. Topsoil's will be saved and stockpiled to reclaim the areas disturbed as part of the mining
activities on the property.
9. The mining operation shall include but is not limited to, rock crushers, screen decks, field
conveyors, stacking conveyors, sand screw, pumps, pipes and support structures. The parcel may
also include a concrete and or an asphalt batch along with the ancillary support equipment..
10. Please find enclosed a copy of a certificate of insurance demonstrating that the current
operator Western Mobile Boulder, Inc. is insured to meet the minimum standards required by
Weld County.
•
L:LA,NDFILE11996'BOULDERH?..MMMIMUSR1.SAM
9132255
Reclamation Policies
1. The property will be reclaimed to create a safe condition.
2. Water drainage on the property or from off site shall be provided for to allow for the waters
to flow into the lakes or into the St. Vrain Creek. The excavated lakes on the property will reduce
the historical runoffs from the property eliminating an increase water runoff from the planned
mining and concrete/asphalt batch plant activities.
3. All areas will be shaped and graded to minimize erosion and will be revegetated with a self
sustaining ground cover as practicable.
•
L-\LANDFILE'19961BOUIDER\HAMM\USR I.SAM
982285
Use By Special Review Request
JCK Gravel, Inc.
23.05 Acres
Lot A
August 19, 1996
Minerals and Subsurface Estate
The owners and Lessees of interest are:
Sand and Gravel Rights(mineral and lease) up to April 5th, 2002-Mineral Reserves, Inc. a sister
company of Western Mobile Boulder, Inc. and a wholly owned company of Western Mobile, Inc.
All other minerals are owned by the JCK Gravel, Inc. .
The Assessors Parcel ID numbers are as per the enclosed map with the list of property owners
within 500 feet of this parcel.
L\LMJDFlLE\I 9?6pEOULDERWAMMUSRMRI.SAM
982285
August 20,1996
Lot A - 23.01 Acres
NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET
ADDRFcc CITY/TOWN, ASSESSOR'S PARCEL
NAME STATE AND ZIP CODE IDENTIFICATION U
1) JCK Gravel Inc. % Katharine Hamm Oliver 1313-04000041
4250 W 16th#46
Greeley, CO 80634
2) Randall S. &Alicia Lofquist 2125 Ridgeview Way 13 13-030000 10
Longmont, CO 80501
N) Issauro&Helen Chavez 3101 Highway 119 1313-03000011
Longmont, CO 80501
4) Rosie Heaton 2702 Highway 119 1313-09000068
Longmont, CO 80501
5) Jack E. &Marjorie J. 1482 Leisure World 1313-10000087 ---
Edson Mesa. AZ 85206
982285
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982285
•
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department
933 North 11th Avenue, P.O. Box 758, Greeley, Colorado
Phone: (970) 356-4000, Ext. 3750
1. Applicant Name JCY Gravel, Inc. Phone970/339-9404
Address4250 W. 16th Street, $46 CityGreelev State CO Zip 80634
2. Address or location of access Weld Count•, Road 47
Section 4 Township 2 North Range 63 West
Subdivision Block Lot
Weld County Road R 7 Side of Road West N S E or W
Distance from & number of intersecting
3. Is there an existing access to the property? Yes X No *of accesses 3
4. Site Sketch: I
k
z
r ^w. k
t
i - --‘,4,: i1.7.*:".e_
Plant Area
'/a C “,,,eO X
15; 1
1
5. Proposed use:
:ts Permanent _ Residential/Acriculturai _ Industrial
_ Temporary _ Commercial _ Subdivision Other
OFFICE USE ONLY
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Other Comments: .
Installation authorized — Information Insufficient
Special Conditions
Reviewed by: Title:
7
982285
&4 WD CERI AT O uR N ISSUE DATE(MA/CO,rY)
M
""EH 3 0 21 E THIS CERTIFICATE IS ISSUED A. MATTER OF INFORMATION ONLY AND
—Pis Corroon Corporation of Maryland CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
10 North Park Drive DOES NOT
AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICES BELOW.
I nt Valley MD 21030
527-1200 COMPANIES AFFORDING COVERAGE
COMPANY National Union Fire Insurance Co of
L&TIER A
( ntact : Kimberly S. Suarez—Murias Pittsburgh PA
C019 ANY of
NSURED LETTER B
1. stern Mobile Inc. and its subsidiaries CONYLETrER MDT
'I stern Mobile/Boulder
Attn: Cheryl Van Duser CCLPANY D
LETTERP O. Box 18570
2 Alder CO 80308 CTACANY
LETTER E
"F is TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY?ERIOD
N :GATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
:ERTIFICA T E MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED 3Y THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICES.LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS.
.D TYPE OF INSURANCE POLICY NUMBER - j POLICY EFFECTIVE POLICY EXPIRATION
LIMITS
Ti
DaTEIMucDi Yr> ' DATED/M/20/Yr
GENERAL LIABBITY GENERAL AGGREGATE 3 2,000,000
X :OMMERCIAL GENERAL LIABILITY I 'PRODUCTS-COMP/OP AGG. 3 2.000,000
. 'CLAIMS MADE ; Xi OCCJR. i PERSONAL 1 AV. NJUR? 3 1.000.000
1 X '"'NNER'S i :0NTRAOT0R'S ?90T. RMGL1Z1Z7Z7 15—JUL-1995 ,15—JUL-1996 EACH OcCJRRENCE '5 1.000,000
— FIRE CAMAGE :Any me 'Ire) S 1.000,000
MED. EXPENSE'Any :ne arsani S 5.000
AUTOMOSLE LIABILITY COMBINED SINGLE $ 1,000,000
LIMIT
ANY AUTO i
_ ALL OWNED AUTOS 30011.? INJURY .
SCHEDULED AUTOS
__ leer Persam
X SIRED AUTOS ' RMCA1351224 '115—JUL-1995 !15—JUL-1996 30Dai INJURY 5
C 'ION-OWNED AUTOS I. (Per salaenU
GARAGE LIABILITY I PROPERTY DAMAGE S
EXCESS LIABS.ITY I EACH OCCURRENCE t
_ UMBRELLA FORM AGGREGATE ;
OTHER THAN UMBRELLA 'OM i
- I .
WORKER'S COMPENSATION X STATUTORY .IMI S .,.
RMWC0171732 ;75—JUL-7995175—JUL-1996 EACH ACCIDENT s 1,000,000
AND I
1 3ISEASE-'OLICT LIMIT 5 1,000.000
EMPLOYERS'LIABILITY ' I r DISEASE-EACH EMPLOYEE 5 1.000.000
•
Th ER
I
I
7E' IIPTION OF OPERATIONSILOCATIONSP/OIIL.ESSPECIAL ITEMS
;'c I IFICATE:HOLDEE j .." ,,.. „ C'A.. .. ..YTt9N ;' .. _. ..
.,
SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE
)T EXPIRATION GATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
C:.MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
;I%'LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
.:iI.,LIABILITY OF ANY KIND UP NE COMPANY.
U ITS AGaMTS OR REPRESENTATIVES.
:L AUTHORfO REPRESENTATIVES , • l
i
'
✓'--_
1i ,RO'25•S(•r90) i' • •• f tt CACORff.C9RPQF14TIDN'S"49d
982285
•
DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices. 1400 N. 17th Avenue, Greeley, Colorado 80631
Phone (970) 353-6100, Ext. 3540 Fax (970) 352-6312
USE BY SPECIAL REVIEW (MINING OPERATION) APPLICATION
FOR THE DEPARTMENT OF PLANNING SERVICES USE ONLY
Application Fee Receipt Number Case Number(/ R09
Recording Fee Receipt Number Zoning District
Application Checked By: Planner Assigned to Case
To be completed by APPLICANT!s accordance with procedural guide requirements:
1. I (we), the undersigned, hereby request a hearing before the Weld County Panning Commission concerning
a proposed Gravel crave) coal, borrow pit, etc.) mining operation for the following described
unincorporated area of Weld County:
LEGAL DESCRIPTION: 186.99 Acres in the SE 1/4 & SW 1/4 E 1/2 of Sec 4 j l N. , R 68w
of the 6th PM f yx
PARCEL NUMBER: 1 3 1 3 0 4 0 0 0 0 1 1 (12 digit number - found on Tax I.D. Information or
obtained at the Assessor's Office).
2. Surface owners) of area of land described 4250 W. 16th St. ,'=46
Name: JCZ Gravel, Inc. AccresGreelev, CO 80631 Phone:
hone: 970-339-9404
Name: eatl,-^ine damn r1•yer Address: Same as above. Phone:.
3. Owner(s) of mineral rights or substance to be mined
Name: SCY Gravel, Inc. Address: see above ohcn=:
Name: Andress Phone:
4. Source of acciicant's legal right to enter and to mine on :he land described:
- _e Ownership - See recuest for recorded exemption
(Include canned copy of any cccument(s) noted
5. A.pplicant's address: same as owners Phone:
Address: Phone:
6. Identity any prior permits for mining held by applicant or affiliated person:
USR-809 (Weld County)
7. Description of Operation
A. Types and number of operating and processing equipment to be used Sand & Gravel
mining and importation of sand and gravel materials , processing ana sales,
Concrete Batch Plant; Asphalt Batch Plant
Sand & Gravel - 7 2-Seasonal
Concrete - 7 2-Seasonal
B. Maximum number of employees: Asphalt - 7 , and number of shifts: 2-Seasonal
11
982285
C. Number of stages to be worked: 2 and periods of time each is to be worked
Two years west of creek, one year East of creek
D. Thickness of mineral deposit: 12 to 15 feet. and thickness of the overburden: three to four
E. This will be a wetJdr pit operation.
F. Site entrance/exit points and County roads and bridges to be utilized between site and delivery
point(s)(must be coordinated with County Engineer) Weld County Road 7
8. Description cf reclamation
Possible building pad use
A. Proposed reclamation land use(s): Recreational oven space
B. Source cf technical advise for reclamation: DMG & Western Mobile
C. Explanation of Reclamation Process: Excavate pit then slope the side walls to
4:1 slopes.
I hereby depose and state under the penalties of perjury that all statements, proposals and/or clans submitted with
or contained within :his application are true and correct to the test of my knowledge.
JCC Gravel, Inc, _
Signature: Owner/Authorized Agent
Catharine 5amm Oliver
12
982285
Use By Special Review Request
JCK Gravel, Inc.
186.99 Acres
Lot B plus Unplated Parcel
August 19, 1996
This request is a result of JCK Gravel, Inc.'s desire to subdivide a 151.79 acre parcel and create
two lots. Each of these lots are a part of a 220 parcel that has an active sand and gravel mining
operation covered under Weld County USR-809 that allows for the mining, processing & sale of
aggregate materials as well as concrete and asphalt batch plants. The mining and processing will
be carried out as per the existing DMG permit, which is in conforemance with the existing Weld
County USR-809.
1. No excavation or processing of sand and gravel shall occur nearer than 10 feet to the boundary
of adjacent property, easement or irrigation ditch or right-of-way, nor nearer than 125 feet.to any
existing residence, nor nearer than 100 feet to the St. Vrain Creek.
2. All operations shall be conducted during the hours of daylight except in the case of public or
private emergency, or to make necessary repairs to equipment. This restriction shall not apply to
operation of administrative and executive offices or repair facilities on the property.
3. Weeds and any other unsightly or noxious weeds will be cut or trimmed as necessary to
preserve a reasonably neat appearance and to prevent the seeding of adjoining properties
4. Trees and ground cover along Hwy. 119 and Weld County Rd 7 were planted as part of the
existing USR- 809 and will be saved. If areas of ground cover are disturbed as part of the
activities they will be revegetated as per the reclamation plan.
5. The access to this site is Weld county Rd 7. The access has been approved as part of the Weld
County USR-809. North of Hwy. 119 there is only one residence on the east side of County road
7 and approximately 1/4 mile north of the existing entrance to this site.
6. The Weld County Comprehensive Plan, dated : November 21,1995 NATURAL RESOURCES
section states "Weld County recognizes that mineral resource extraction is an essential industry."
This request is consistent with the Weld County Goals and Policies. This parcel contains a known
mineral deposit that is currently active and permitted with the County for aggregate mining and
concrete & asphalt batch plants operations.
L:'LANDF[LE\1996\BOULDER\HA:\IMMUSR2.SAM
9S2285
7. This parcel currently carries a Use By Special Review Permit number 809 that provides for an
orderly removal of the mineral resources. Granting of this request will allow for the continued
orderly extraction within the plan of the Weld County USR process.
8.Sufficient areable topsoil will be set aside respreading over reclaimed lands.
9.The operation will includ sand and gravel processing and stockpilling equipment as well as
concrete and asphalt batch plants.
10. These operations were previously found to be consistent with the Weld County goals
and policies and are currently operating with little or no impact to the surrounding
land-uses, roads and highways.
11. This property has been planned under USR-809 and has a mining and reclamation
plan with the State Division of Minerals and Geology, Permit No.M-87-176, that minimizes or
eliminates all impacts from all aspects of the operation to the surrounding lands. This operation as
part of USR-809 has a Road Maintenance Agreement with Weld County dated: June 3rd, 1992
and recorded November 5th, 1992 with the Weld County Clerk and Recorders office under
Reception No. 2309811 in Book 1357. The property has been secured it is fenced and has a
locked gate and posted for no trespassing as well as the plant area well lighted. All aspects of the
operation comply with all federal, state and local environmental standards.
12. The current USR-809 addresses potential adverse environmental impacts. Reclamation
soils have been neatly saved, stockpiled and seeded. The area of mining disturbance has
been kept to a minimum and reclamation has been instigated where mining has been
completed. Fish and wildlife habitats have been protected. The reclamation has and will
return the property to a productive and beneficial use. The reclamation will be
revegetated and stabilized as per the County USR and the State DMG permits.
OPERATION POLICIES
1. No excavation or processing of sand and gravel shall occur nearer than 10 feet to the boundary
of adjacent property, easements or irrigation ditch or right-of way, nor nearer than 125 feet to any
existing residence, nor nearer than 100 feet to the St. Vrain Creek.
L:`LANDFILE\I996BOULDER\HAMM\USR2.SAM
982285
2. All sand and gravel, concrete batch plant and asphalt batch plant operations shall be conducted
during the hours of daylight except in cases of public or private emergency, or to make necessary
repairs to equipment. This restriction shall not apply to operation of administrative and executive
offices or repair facilities located on the property.
3. Weeds and any other unsightly or noxious weeds will be cut or trimmed as necessary to
preserve a reasonably neat appearance and to prevent the seeding of adjoining properties
4. Trees and ground cover along Hwy. 119 and Weld County Rd 7 were planted as part of the
existing USR - 809 and will be saved. If areas of ground cover are disturbed as part of the
activities they will be revegetated as per the reclamation plan.
5. The main access to this site is Weld county Rd 7. The access has been approved as part of the
Weld County USR-809. North of Hwy. 119 there is only one residence on the east side of County
road 7 and approximately 1/4 mile north of the existing entrance to this site.
6. All access roads from the sand and gravel operations to Public highways, roads, or streets, or
to adjoining residential structures, shall be paved or other wise treated to minimize dust
conditions on all parts of such access roads which are located within one-fourth mile of the public
highway, road, street, or adjoining residential structure.
7. Parts of the east and south property lines will be fenced along Hwy. 115 and County Rd. 7 as
well as along the north line and west lines of the property and service access points will be gated.
The main acces to this parcel covered under this USR request will be across the smaller 23.01
acre Lot A covered under a seperate USR request. The operation is covered under an
augmentation plan with The Saint Vrain& Left Hand Water Conservancy District dated:
April 6th, 1988 and recorded April 8th, 1988 in the Weld County Clerk and Recorders Office
under Reception Number: 0213817 in Book 1193.
8. Topsoil's will be saved and stockpiled to reclaim the areas disturbed as part of the mining
activities on the property.
9. The mining operation shall include but is not limited to, front end loaders scrapers, dozers,
road graders, water trucks compactors, fuel trucks, rock crushers, screen decks, field conveyors,
stacking conveyors, sand screw, field hoppers, pumps, pipes and support structures. The parcel
may also include a concrete and or an asphalt batch along with the ancillary support equipment..
10. Please find enclosed a copy of a certificate of insurance demonstrating that the current
operator Western Mobile Boulder, Inc. is insured to meet the minimum standards required by
Weld County.
L:`LAI4DFILE\1996\BOULDERV 1A.\M\USR2.SAM
982285
Reclamation Policies
1. The property will be reclaimed to create a safe condition.
2. Water drainage on the property or from off site shall be provided for to allow for the waters
to flow into either the lakes, constructed wetlands areas or allowed to flow into the St. Vrain
Creek. The excavated lakes on the property will reduce the historical runoffs from the property
eliminating an increase of water run off from the planned mining and concrete/asphalt batch plant
activities.
3. All areas will be shaped and graded to minimize erosion and will be revegetated with a self
sustaining ground cover as practicable.
L:`LANDFILEV 9966BOULDER\}1AMM\USR2.SAM
982285
Use By Special Review Request
JCK Gravel, Inc.
Katharine Hamm Oliver
186.99 Acres
Lot B plus Unplatted Parcel
August 19, 1996
Minerals and Subsurface Estate
The owners and Lessees of interest are:
Sand and Gravel Rights (mineral and lease) up to April 5th, 2002-Mineral Reserves, Inc. a sister
company of Western Mobile Boulder, Inc. and a wholly owned company of Western Mobile, Inc.
All other minerals are owned by the JCK Gravel, Inc. (Lot A & B) and Katharine Hamm Oliver
the unplatted parcel.
The Assessors Parcel ID numbers are as per the enclosed map with the list of property owners
within 500 feet of this parcel.
•
L`LANDFR.E\1996'EOULDERWAMMUSRMRLSAM
982285
NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET
Please print or type
NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL
STATE AND ZIP CODE IDENTIFICATION 4
c/o Mr. Richard Hamm
1. JCK Farms, Ltd 1441 Elmhurst Ln, Lgmt.,80501 1313-04000042
Trustee for Wilson Family Trust
2. Donald M. Lesher 3201 F 2nd Ave Sure 1011 1113_(14 QOOQA
Denver, CO 80206
George C. & Bonita M. 11684 Weld Cty. Rd. 51
3. Adam Longmont. 80501 1313-04000097
N. Gerald and Kathleen E. 11994 Weld Cty. Rd. 7
4. Bacon Longmont. 80501 1111-01000091
Ivan W. and Marlys L. 11488 Weld Cty. Rd. 7
5. Gosnell Longmont. 80501 1111-111000000
3525 Highway 119
6. ----Eva Rademacher Longmont. 80501 1111-01000040
225 Henry St. Brantford
7. Massey Combines Corp. Ontario, CA N3T5M1 1111-01000010
3101 Hwy. 119
8. Elmer & Clara Moore - Longmont. 80501 1111-00400011
2702 Highway 119
9. Rosie Heaton Longmont, 80501 1111-0900006R
N. St. Vrain Ltd. 8200 West 67th
10. c/o Richard Domenico Arvada, 80004 1113-09000007
Jack E. & Marjorie J. 458 Greenwood Lane
11. Edson Longmont 80501 1111-10000nM7
982285
DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, Colorado 80631
Phone (970) 353-6100, Ext. 3540 Fax (970) 352-6312
USE BY SPECIAL REVIEW(MINING OPERATION) APPLICATION
FOR THE DEPARTMENT OF PLANNING SERVICES USE ONLY
Application Fee Receipt Number Case Number(/_ ?
• Recording Fee Receipt Number Zoning District
Application Checked By: Planner Assigned to Case
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
G
a proposed ravel (gravel, coal, borrow pit. etc.) mining operation for the following described
unincorporated area of Weld County:
LEGAL DESCRIPTION: 1=y•.: Acres: NW.}, SW} NWT, Sec 9, T.2N, R.68W, 6th PM
& 0 6 9
PARCEL NUMBER: 1 3 1 3 0 9 0 0 0 0 0 2 (12 digit number - found on Tax I.D. Information or
obtainer at the Assessors Office).
2. Surface owner(s) of area of land described 3715 Brighton Blvd.
Denver, CO 80216
Name: Boulder Creek Estates ii,LC Address:
Phone: 303-295-2943
Name: Address: Phone:
3. Owner(s) of mineral rights or substance to be mined
Gravel & ail & Gas
Name: Boulder Creek _stages
Address: Phone:
Name: _ - _ ,dress: Phone:
3
Source of applicants .eCI right to enter and to mine on the and described:
7.'ee Ownership
(Include certified copy of any document(s) noted
5. Applicant's address: Phone:
Address: Phone:
6. Identity any prior permits for mining held by applicant er affiliated person:
USR-397
•
7. Description of Operation
A. Types and number of operating and processing equipment to be used Included but not
limited to: Front end loaders, Scrapers, Dozers, Compactors, Backhoes,
Road Graders, Hoppers, Conveyors and Pumps.
E. Maximum number of employees: 4 , and number of shifts: 2-seasonal
•
11
982285
C. Number of stages to be worked: 2 and periods of time each is to be worked It is Planned to
commence work in the SE corner Area 2 then move to Area 1 between Boulder and
St. Vrain Creeks.
D. Thickness of mineral deposit: 12-10 feet, and thickness of the overburden: 3-4
E. This will be a wet/dry pit operation.
F. Site entrance/exit points and County roads and bridges to be utilized between site and delivery
point(s)(must be coordinated with County Engineer) Materials will be conveyed under Hwy 119.
There will be a service & equipment service road off the Weld County Road 7.
8. Description of reclamation
A. Proposed reclamation land use(s): Private Recreation
8. Source of technical advise for reclamation: DMG & Western Mobile, Inc.
C. Explanation of Reclamation Process: The side slopes of the pit will be
sloped to 3:1 soiled and revecetated.
i hereby depose and state under the penalties of penury that all statements, proposals and/or plans submitted with
or contained within this application are true and correct to the best of my knowledge.
Boulder Creek Estates LLC
Signature: Owner/Authorized Agent
12
982285
Use By Special Review Request
Boulder Creek Estates LLC
154.5 Acres
August 19, 1996
This request is a result of Boulder Creek Estates desire to allow for the sand and gavel materials
mined on this property and on other surrounding properties to be conveyed across this property
and under the State Hwy. 119 bridge over the St. Vrain Creek. The mining and material
conveyance will be carried out as per the existing DMG permit T M-79-113, which is in
conforemance with the existing Weld County USR-397.
1. No excavation or processing of sand and gravel shall occur nearer than 10 feet to the boundary
of adjacent property, easement or irrigation ditch or right-of-way, nor nearer than 125 feet to any
existing residence, nor nearer than 100 feet to the St. Vrain Creek.
2. All operations shall be conducted during the hours of daylight except in the case of public or
private emergency, or to make necessary repairs to equipment. This restriction shall not apply to
operation of administrative and executive offices or repair facilities on the property.
3. Weeds and any other unsightly or noxious weeds will be cut or trimmed as necessary to
preserve a reasonably neat appearance and to prevent the seeding of adjoining properties
4. Trees and ground cover along Hwy. 119 and Weld County Rd 7 will be saved. If areas of
ground cover are disturbed as part of the activities they will be revegetated as per the reclamation
plan.
5. The access to this site is Weld county Rd 7. The access has been approved as part of the Weld
County USR-397. It is the operators plan to convey the material under Hwy 119 to a sand and
gavel processing area at the NW corner of Weld County Rd. 7 & Hwy 119.
6. The Weld County Comprehensive Plan, dated : November 21,1995 NATURAL. RESOURCES
section states "Weld County recognizes that mineral resource extraction is an essential industry."
This request is consistent with the Weld County Goals and Policies. This parcel contains a known
mineral deposit that is currently permitted with the County for aggregate mining operations.
7. This parcel currently carries a Use By Special Review Permit number 397 that provides for an
orderly removal of the mineral resources. Granting of this request will allow for the continued
orderly extraction within the plan of the Weld County USR process.
8.Sufficient areable topsoil will be set aside respreading over reclaimed lands.
L:LAND F[LE\.I 996\BOULDER`BAMMUS R3.S AM
982285
9.The operation will includ sand and gravel mining equipment.
10. These operations were previously found to be consistent with the Weld County goals
and policies and have operated with little or no impact to the surrounding
land-uses, roads and highways.
1 1. This property has been planned under USR-397 and has a mining and reclamation
plan with the State Division of Minerals and Geology, Permit No.M-79-113, that minimizes or
eliminates all impacts from all aspects of the operation to the surrounding lands. This operation
will be covered under a Road Maintenance Agreement with Weld County dated: June 3rd, 1992
and recorded November 5th, 1992 with the Weld County Clerk and Recorders office under
Reception No. 2309811 in Book 1357. The property has been secured it is fenced and has a
locked gate and posted for no trespassing . All aspects of the operation comply with all federal,
state and local environmental standards.
12. The current USR-397 addresses potential adverse environmental impacts. Reclamation
soils will be neatly saved, stockpiled and seeded. The area of mining disturbance will
be kept to a minimum and reclamation will be instigated where mining has been
completed. Fish and wildlife habitats will be protected. The reclamation has and will
return the property to a productive and beneficial use. The reclamation will be
revegetated and stabilized as per the County USR and the State DMG permits.
OPERATION POLICIES
1. No excavation or processing of sand and gravel shall occur nearer than 10 feet to the boundary
of adjacent property, easements or irrigation ditch or right-of way, nor nearer than 125 feet to any
existing residence, nor nearer than 100 feet to the Boulder& St. Vrain Creeks.
2. All sand and gravel operations shall be conducted during the hours of daylight except in cases
of public or private emergency, or to make necessary repairs to equipment.
3. Weeds and any other unsightly or noxious weeds will be cut or trimmed as necessary to
preserve a reasonably neat appearance and to prevent the seeding of adjoining properties
L:'\t.ANDFf LE\1996\BOULDETh1{A MML'S R3.S AM
992285
4. Trees and ground cover along Hwy. 119 and Weld County Rd 7 were planted as part of the
existing USR- 397 and will be saved. If areas of ground cover are disturbed as part of the
activities they will be revegetated as per the reclamation plan.
5. For service purposes the access to this site is Weld county Rd 7. The access has been approved
as part of the Weld County USR-397. It is planed as part of this USR that the Materials mined as
well as others from surrounding propertie will be conveyed to the north for processing and sale.
6. All access roads from the sand and gavel operations to Public highways, roads, or streets, or
to adjoining residential structures, shall be paved or other wise treated to minimize dust
conditions on all parts of such access roads which are located within one-fourth mile of the public
highway, road, street, or adjoining residential structure.
7. The exterior property lines will be fenced and service access points will be gated. The
operation is covered under an augmentation plan with The Saint Vrain & Left Hand Water
Conservancy District dated: January 10th, 1980 and recorded February 6th, 1986 in the Weld
County Clerk and Recorders Office under Reception Number: 02042018 in Book 1102.
8. Topsoil's will be saved and stockpiled to reclaim the areas disturbed as part of the mining
activities on the property.
9. The mining operation shall include but is not limited to, front end loaders scrapers, dozers,
road graders, water trucks compactors, fuel trucks, rock crushers, screen decks, field conveyors,
stacking conveyors, sand screw, field hoppers, pumps, pipes and support structures.
10. Please find enclosed a copy of a certificate of insurance demonstrating that the current
operator Western Mobile Boulder, Inc. is insured to meet the minimum standards required by
Weld County.
Reclamation Policies
1. The property will be reclaimed to create a safe condition.
2. Water drainage on the property or from off site shall be provided for to allow for the waters
to flow into either the lakes or allowed to flow into the St. Vrain& Boulder Creeks. The
excavated lakes on the property will reduce the historical runoffs from the property eliminating an
increase of water run off from the planned mining activities.
L:ANDFILE•.I996\BOULDER\HA.MIMNSR3.SAM
982285
3. All areas will be shaped and graded to minimize erosion and will be revegetated with a self
sustaining ground cover as practicable.
LU.ANDF[LE119%1BOULDER\HAMMUSR3.SAM
982285
August 20,1996
BCE- 154.5 Acres
NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET
ADDRESS,CITY?OWN, ASSESSOR'S PARCEL
NAME STATE AND ZIP CODE IDENTIFICATION 0
1) JCK Gravel Inc. 95 Katharine Hamm Oliver 1313-04000041
4250 W 16th#46
Greeley, CO 80634
2) Katharine Hamm Oliver 4250 W 16th#46 1313-04000042
Greeley, CO 80634
3) City of Longmont 408 3rd Avenue 1313-08000030
Longmont, CO 80501
4) City of Longmont 408 3rd Avenue 13 13-0800003 1
Longmont, CO 80501
5) Horizon Investments LLC C/O Lyle Denning 1313-08000043
1835 Faith Place
Longmont, CO 80501
6) City of Longmont 408 3rd Avenue 1313-08000044
Longmont, CO 80501
7) Ernest L. Peterson 12963 Hillcrest Drive 1313-09000001
Longmont, CO 80501
8) Temperature Processing Co. Inc. 10477 Weld Cnty Road 7 1313-09000003
Longmont, CO 80501
9) Temperature Processing Co. Inc. 10477 Weld Cnty Road 7 1313-09000035 v
Longmont, CO 30501
10) Hodges,Edward E. &s 10759 Weld Cnty Road 7 1313-09000067
Eleanore I. Trust PO Box 6614
Longmont, CO 80501
11) Rosie Heaton 2702 Highway 119 1313-09000068
.Longmont, CO 80501
Denver, CO 80216
982285
Page two
BCE- 154.5 Acres
NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET
12) Boulder Creek Estates,Llc 3715 Brighton Blvd. 1313-09000069
Denver,CO 8216
13) Koldeway,Joan&Vernon E. 10465 Weld Cnty Road 7 1313-09000070
Longmont, CO 80504
14) Sivlers, William L& Shirley J. 10608 Weld Cnty Road 7 1313-10000078
Longmont, CO 30501
15) Jack E.&Marjorie J. 1482 Leisure World 1313-10000087
Filson Mesa, AZ 85206
16) Larson,Dorothy E. Weld Cnty Road 7 1313-10000078
Longmont, CO 80504
•
982285
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND SUBSURFACE ESTATE
:t Boulder Creek Estates LLC Request for USR
NDERSIGNED, states that to the best cf his or her knowledge the attached list is a true and accurate list of the names.
s s, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners or
} ,the surface estate)within 500 feet of the property being considered. This list was complied from the reccres of the
:curry Assessor, or an ownership update from a title or abstract company. or an attorney. The list compiled from the
.he Weld County Assessor was assembled within thirty days cf the application's submission date.
Boulder Creek Estates LLC as ?
Signature •
Dare
9
99472°,,,)5
Use By Special Review Request
Boulder Creek Estates LLC
154.5 Acres
August 19, 1996
Minerals and Subsurface Estate
The owners and Lessees of interest are:
Sand and Gravel Lease-Mineral Reserves, Inc. a sister company of Western Mobile Boulder, Inc.
and a wholly owned company of Western Mobile, Inc.
Oil And Gas Snyder Oil Company, do Kent Andrews, P. O. Box 489, Seagoville, TX
All minerals are owned by Boulder Creek Estates LLC
The Assessors Parcel ID numbers are as per the enclosed map with the list of property owners
within 500 feet of this parcel.
LALANDFILS1996U3OULDERSRMR3SAM
982285
AGREEMENT REGARDING SAND AND GRAVEL MINING
AND AUGMENTATION AGREEMENT PERTAINING THERETO
1. PARTIES. The parties to this Agreement are JCK GRAVEL, INC., owner
("Owner") , and THE SAINT VRAIN & LEFT HAND WATER CONSERVANCY DISTRICT,
("the Conservancy District") .
2. RECITALS. Owner owns property in the South half of Section 4,
Township 2 North, Range 68 West of the Sixth Principal Meridian, Weld
County, Colorado, described on Exhibit A and incorporated herein by
reference. JCK Farms, Ltd. has entered into a lease allowing Frontier
Materials, Inc. ("Frontier" ) to mine sand and gravel from the property
described in Exhibit A. A copy of the lease entered into between
Frontier and JCK Farms, Ltd. is attached as Exhibit B. JCK Farms, Ltd.
has assigned the lease and all revenues due it to certain individuals by
a document, a copy of which is attached as Exhibit C. Those individuals
have assigned the lease and all revenues due them to Owner by a document,
a copy of which is attached as Exhibit D. Frontier has applied to Weld
County for a special use permit and has applied to the Colorado Mined
Land Reclamation Board for a reclamation permit, to permit it to conduct
sand and gravel mining activities on the property. Furthermore, the
parties acknowledge that the construction of lakes, which are part of
Frontier's reclamation plan, will result in additional evaporation from
open water surfaces which will adversely affect the Conservancy District
unless augmented.
The Conservancy District has no objection to Frontier's mining operations
and reclamation of the property if the concerns expressed above are
addressed and the interests of the Conservancy District are satisfacto-
rily protected. The Owner has agreed to protect those interests and the
purpose of this Agreement is to set forth the specific agreements of the
parties.
3. OWNER'S AGREEMENTS. Owners agree as follows:
a. To augment St. Vrain Creek, in accordance with the water
augmentation policy for gravel pits of The St. Vrain & Left Hand Water
Conservancy District, thereby preventing injury to other water users, by
conveying to The St. Vrain & Left Hand Water Conservancy District an
amount equal to two acre feet of water for each new surface acre of lake
constructed. A copy of the District' s policy is attached as Exhibit E.
Frontier's current plans call for the construction of six permanent new
ponds with a total of 82 surface acres. If, at the end of its mining
operations on the property, Frontier has constructed lakes having more or
less than this number of surface acres, the Conservancy District shall
convey to Owner all water which has been conveyed to the Conservancy
District by Owner over and above an amount determined by multiplying the
number of surface acres of lakes by two acre feet or, if necessary, Owner
shall convey to the Conservancy District additional water in order to
equal the amount of two acre feet for each surface acre of lakes
constructed. Owner shall be given credit for the 16 acres of existing
water surfaces on the property.
982285
Owner further agrees that the water rights which shall be conveyed in
compliance with the foregoing provisions and in compliance with the
gravel pit augmentation policy of The St. Vrain & Left Hand Water
Conservancy District shall be six shares of the Oligarchy Ditch Company,
an incorporated ditch or shares or ownership of an acceptable alternate
water right as described below. The six-share requirement of the
Oligarchy Ditch Company was calculated by dividing the 164 acre-foot
requirement by the average yield per share of the Oligarchy Ditch, 27
acre-feet of water per year. In lieu of assigning and transferring the
six shares of the Oligarchy Ditch Company to the District upon execution
of this Agreement, Owner agrees as follows:
(i) To instruct Frontier to deposit ten percent (10%) of all
payments due to Owner under the lease attached as Exhibit B,
including but not limited to royalties, advance royalties
and delay payments to a joint account by the District and
Owner at the First National Bank of Longmont, Longmont,
Colorado. The funds shall be used as security for and/or
the purchase of water rights to be used for augmentation as
required by this Agreement.
(ii ) At or before the time water starts to permanently evaporate
from any of the gravel pits on the property as a result of
Frontier ceasing to dewater that pit, Owner shall either
convey to the District the six (6) shares of the Oligarchy
Ditch Company or use the funds in the account to purchase
other water rights adjudicated in the original adjudication
of water rights on the St. Vrain River acceptable to the
District and pursuant to the District Policy attached as
Exhibit E. The District agrees to allow the funds in the
account to be used for such a purchase.
(iii ) In the event the six shares of Oligarchy Ditch Company is
transferred to the District, the account shall be closed,
all funds released to the Owner, and Frontier shall be
instructed not to make any further deposits to the account.
(iv) In the event the Owner fails to cause the transfer of the
six shares of Oligarchy Ditch Company to the District and
fails to locate and cause the purchase of water rights
pursuant to paragraph 3.a. (ii ) above, the District shall be
entitled to use of the money in the account to purchase
water rights for augmentation pursuant to its policy
attached as Exhibit E. Owner shall permit and take whatever
action is necessary to allow the funds in the account to be
used for such purpose.
(v) If at any time, water rights are transferred to the District
in excess of the amount necessary to augment the then
occurring evaporation pursuant to the District Policy
attached as Exhibit ER, Owner shall have use of such excess
until it is required for augmentation.
2
982285
(vi ) If funds in the account are used to purchase water rights
which partially meet the augmentation requirement (i .e. ,
assuming mining plans are not altered, water rights with a
gross yield of less than 164 acre feet of water per year) ,
any remaining funds in the account shall remain and Frontier
shall be instructed to continue to make deposits to the
account. At any time sufficient water rights have been
purchased and transferred to the District to meet the
augmentation requirements of the District' s Policy attached
as Exhibit , any remaining funds in the account shall be
disbursed to the Owner, the account shall be closed and
Frontier shall be instructed not to make any further
deposits to the account.
(vii ) If there are insufficient funds in the account to purchase
water rights to augment evaporation pursuant to the
District' s Policy attached as Exhibit E, Owner shall be
responsible for the deficiency and agrees to devote and
instruct Frontier to deposit the necessary funds from
royalties or other payments due Owner under the lease
attached as Exhibit B, into the account to cover any
deficiency.
(viii ) In the event water rights other than those adjudicated to
the Oligarchy Ditch are utilized for augmentation, their
yield shall be determined by reference to the City of
Longmont Raw Water Annexation Requirement Policy.
b. In order to implement the provisions of this
Agreement, the water rights described above shall be transferred to The
St. Vrain & Left Hand Water Conservancy District and the new stock
certificate or deed issued shall recite the following notation:
"These water rights (shares) and the uses of water attributable
thereto are restricted by an Agreement dated December 17, 1986,
entered into between JCK Gravel , Inc. and the St. Vrain & Left
Hand Water Conservancy District, and are subject to the terms
of that Agreement. Said Agreement is recorded in the office of
the Clerk and Recorder of Weld County, Colorado, and affects
the SE-1/2 of Section 4, T2N , R68W of the 6th P.M. and the
SW-1/4 lying east of County Rd. #5-1/2 in Section 4, T2N, R67W,
of the 6th P.M. all in Weld County, Colorado.
c. With respect to the water rights transferred and/or
restricted pursuant to this Agreement, Owner shall pay all ditch
assessments until evaporation of water from each pit occurs, at which
time the Conservancy District shall pay all ditch assessments.
d. To reimburse the Conservancy District at execution of this
Agreement $ for its legal and engineering expenses incurred in
reviewing the mining proposal and preparing the Augmentation Agreement.
4. INDEMNIFICATION. Owner hereby agrees to at all times indemnify and
keep indemnified The St. Vrain & Left Hand Water Conservancy District,
and its respective officers and directors, and hold and save them
harmless from and against all liability for damages, loss, costs, charges
3 982285
and expenses of whatever kind and nature, including attorneys' fees,
which they or any of them shall or may, at any time, sustain or incur by
reason or in consequence of Frontier' s mining operations or reclamation
of the Property.
5. COVENANT RUNNING WITH THE LAND AND WATER RIGHTS. This Agreement
shall he a covenant which runs with the land described on Exhibit A, and
the water rights described above, and shall continue in effect and be
binding upon the parties, their successors and assigns, unless or until
the Conservancy District waives the terms hereof in writing or until
entry of a judicial determination modifying this Agreement or determining
that the provisions hereof are no longer required.
6. THE CONSERVANCY DISTRICT'S AGREEMENT. In consideration of the
covenants and agreements of Owner, the Conservancy District hereby:
a. Withdraws any and all objections to the special use
application which Frontier has filed with Weld County and consents that
the same may be issued at the discretion of Weld County.
b. Withdraws any and all objections to the granting of the
mining permit for which Frontier has applied to the Colorado Mined Land
Reclamation Board and consents that the same may be issued at the
discretion of the Colorado Mined Land Reclamation Board.
c. Covenant that they will not raise any objection to the
mining or reclamation conducted in accordance with the provisions hereof
and the approved mining and reclamation plans, or commence any litigation
seeking injunctive or compensatory relief arising therefrom except for
violation of the covenants and agreements set forth herein.
d. In the event the ponds are constructed in such a fashion
that there is no ground water infiltration into them, to reconvey the
shares of stock conveyed to the Conservancy District back to the Owner,
release to Owner any funds in the account, close the account and instruct
Frontier to make no further deposits into the account.
7. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any
additional documents and to take any additional action necessary to carry
out this Agreement.
8. TERMINATION OF AGREEMENT. In the event that no Mining and Reclama—
tion Plan is finally approved by Weld County and the Colorado Mined Land
Reclamation Board, that mining permits are not granted, or that Owner do
not mine the property, this Agreement, at the written request of Owner
shall be null and void, and all water rights which have been conveyed or
assigned to the Conservancy District pursuant hereto shall be returned to
Owner, its successors or assigns.
9. ENFORCEMENT. This Agreement may be enforced by the Conservancy
District, or any of its members who are adversely affected by any
violation of any term hereof, by seeking any appropriate equitable and
legal remedies, including injunctive relief, specific performance and
damages. In the event that litigation is commenced by the Conservancy
District or any it its members to obtain such enforcement, and the
Conservancy District or any member prevails, Owner and/or its succes-
4 982285`
h,.
a`
sors and assigns agree to pay for any reasonable attorneys' fees and
T court costs expended by the Conservancy District or the member in
obtaining such enforcement. However, if Owner prevails, the Conservancy
District, or the member instituting the litigation, shall pay such fees
and court costs expended by Owner
10. EXHIBIT for all purposes.
11. this Agreement is, by
reference, incorporated herein
11. BINDING EFFECT. This Agreement shall be binding upon the parties
and their respective successors and assigns.
(o
11. DATED: , 198 .—
OWNER:
JCK GRAVEL, INC.
•
BY f
Pr ident
• ATTEST:
Secretary.
THE ST. VRAIN fi LEFT HAND WATER
CONSERVANCY DISTRICT
By (-75)) . <
Vt -President
ATTEST:
(7
S cretary
STATE OF COLORADO
) ss.
COUNTY OF lid_I & )
day of
The foregoing instrument was acknowledged before me this as
f
1981 _ by 4 C) IiUE �
President of JCK Gravel , Inc.
5
982285
11
{.11 Witness my hand and official seal .
i
My commission expires: . .c._; _.... .....1.,.....1..1-21--.n ]] -� �L • �/
l ' tni �r��ra ,Ql /•
Notary Public
STATE OF CALIFORNIA ) ss.
COUNTY OF z ' a-4—e-
The foregoing instrument was acknowledged before me this E day of
�� 1988, by (l n:»»::»e»»T:»nnini :»»u»n
_EEL_ALLISecre ary of JCK Gravel , Inc. _ ``,, OFFICIAL SEAL
:y_�f4'` CATHERINE CHAMBER M
hand and official seal . . •k;IC, ; !IOTA PUBLIC — CALM,. .
Witness myd COUNTY OF SANTA cu.:.
_ — - Comm. E:p. April 27, 1988
My Commission expires: caw.m.m»mm»I»f»vu.,»enm.»uu»»:ouee
(I L-e__fLI,:___1.___L--
Notary Public
STATE OF COLORADO ) ss.
- COUNTY OF BOULDER )
P-04-- day of
a v,- ,The fore oing instrumen a ac��-�+�d asnPresidee nt andsFrank�ould as
1981 by
e retary, of The St. Vrain & Left Hand Water Conservancy District.
Witness my hand and official seal .
My commission expires: ______;___.3 /5-13_7_2-----.
/
No ary Public
JJK:bs
SVLHW •
092587
092887
021888
022288
031488 •
032188
032988
033188
6 982285
y
r EXHIBIT A
TO:S Agreement Regarding Sand and Gravel Mining
and Augmentation Agreement Pertaining Thereto
PARTIES: : JCK Farms, Ltd., and
the St. Vrain & Left Hand Water Conservancy District
The SE-1/4 of Section 4, T2N, R68W and the SW-1/4 lying east of County
Road ..A5-1/2 in Section .4, T2N , R68W, all in Weld County, State of
Colorado.
JJK:bs :mj
SYLHW
021888
982285
tAHIbi l b
TO: Agreement Regardim mnd and Gravel Mining
and Augmentation _ment Pertaining Thereto
PARTIES: JCK Farms, Ltu. , and
the St. Vrain & Left Hand Mineral Deed
and
Water Conservancy
Mining Agreement
District
,^rThis Mineral Deed and Mining Agreement is made this day
of 11)
„ / , 1987, between JCK Farms, Ltd. , a Colorado limited
partnership (the "Seller") and Frontier Sand and Gravel, Inc. , a
Colorado corporation (the "Purchaser") .
For and in consideration of the promise to pay the sums
hereinafter set forth, and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the
Seller by these presents does hereby grant, sell, convey, assign
and deliver to the Purchaser all of the Seller' s right, title and
interest in and to all the sand and gravel in place and existing
in and under and that may be produced from the following de-
scribed land situated in Weld County, Colorado, to wit:
See Exhibit "A" attached,
(the land in said legal description being hereinafter referred to
as "the Property") together with all precious metals contained
with said sand and gravel mined and together with, for a period
of fifteen (15) years, and only fifteen (15) years, the right of
ingress and egress to the Property at all times for the purpose
of mining, drilling, and exploring said Property for sand,
gravel, and precious metals contained therein and processing and
removing the same therefrom. Said rights of ingress and egress
shall terminate fifteen (15) years after the date hereof and
Purchaser hereby waives any rights of ingress and egress to the
Property which are or may be implied in the grant of sand and
gravel to Purchaser. Any drilling of oil or gas wells will not
interfere with mining allowed hereunder.
Purchaser shall be entitled to possession of that portion
of the Property reasonably necessary for conducting its mining
operation and reasonably necessary to explore for materials or to
locate pits, quarries, stockpile areas, a crusher, asphalt
plants, wash plants, concrete plants, a site for a scale, scale
house, office, equipment parking, and storage areas for a period
of fifteen (15) years and no more. In order to obtain access to
and carry on its operations, Purchaser shall have the right to
use all roadways presently existing on the Property and shall
have the right to build additional roads reasonably necessary for
Purchaser' s operations on the Property provided that Purchaser
shall obtain Seller's written consent, which shall not be
unreasonably withheld or delayed, as to location prior to
construction and maintenance and shall not be required to pay
Seller for materials so used.
To have and to hold the said sand and gravel, said precious
metals contained therein, said rights of ingress and egress, and
said additional rights above bargained and described, with the
982285
•
appurtenances, unto the Purchaser, its successors and assigns.
The Seller for itself, its successors and assigns, does covenant,
grant, and agree to and with the Purchaser, its successors and
assigns, that at the time of the ensealing and delivery of these
presents, it is well seized of the Property, the sand and gravel,
the precious metals contained therein, the rights of ingress and
egress, and the additional rights above conveyed, has good, sure,
perfect, absolute, and indefeasible estate of inheritance, in
law, in fee simple, and has good right, full power, and lawful
authority to grant, bargain, sell, and convey the same in manner
and form aforesaid, and that the same are free and clear from all
former and other grants, bargains sales, liens, taxes, assess-
ments, encumbrances, and restrictions of whatever kind or nature
soever. The above bargained sand and gravel, precious metals
contained therein, rights of ingress and egress, and the addi-
tional rights in the quiet and peaceable possession of the
Purchaser, its successors and assigns against all and every
person or persons lawfully claiming or to claim the whole or any
part thereof, the Seller shall and will WARRANT AND FOREVER
DEFEND, subject to recorded and/or apparent easements, restric-
tions, covenants, leases and tenancies in existence or of record,
building and zoning regulations of Weld County or the State of
Colorado, oil and gas leases and extensions thereof of record.
Seller will provide to Purchaser within thirty (30) days
after the date hereof a title policy or abstract of title showing
good and merchantable title.
Seller hereby grants, conveys, and shall provide any ditch
or water rights which are required to ccmpensate other water
users for the effect of the mining operation or reclamation plan
upon water rights of others and for augmentation. Purchaser will
not be responsible to Seller, or its tenants, successors or
assigns, for any injury to land, livestock or crops resulting
from a lowering of the water table during mining operations or
thereafter.
As additional and continuing consideration for this Mineral
Deed and Mining Agreement, Purchaser shall pay to Seller the
amount of per ton of material removed during the
first two years after mining starts which amount shall be
increased by two (2) cents per ton of material removed on the
second anniversary date hereof and an each two year anniversary
date thereafter. All of said payments shall be made on or before
the 10th day of the second month after the material has been
removed from the Property. If payments are not timely made by
Purchaser, the amounts due shall bear interest at the rate of ten
percent (10%) per annum. The quantity of material removed shall
be determined in accordance with measurement techniques common to
similar operations. Purchaser shall provide Seller with monthly
reports showing the quantity of materials removed according to
load tickets. Records concerning the amount of materials removed
2
982285
shall be kept by Purchaser. Seller shall have the privilege of
reviewing said records at reasonable times with two days prior
notice having been given to Purchaser. All payments and monthly
reports shall be sent to Seller' s agent, Katherine Oliver, 1833
Frontier Road, Greeley, CO...80634 , or to such other party as- the
Seller may designate.
Purchaser shall pay, as a minimum annual payment to Seller
the amount of ININNIMMOOP in 1987, which amount has been pre-
viously paid and is hereby receipted for, - within ten
(10) days after all permits necessary for operation are granted,
- on the anniversary date of the granting of the final
permits, a on the second anniversary date of the
granting of the final permits, and -each year beginning
on the third anniversary date of the granting of the final
permits until the sand and gravel under the Property are ex-
hausted. The parties agree to in good faith negotiate a reduc-
tion of the annual minimum payment in 1991 and succeeding years
if the sand and gravel estimated to be in and under the Property
are determined to be less than the now current estimate of
a tons. The e previously paid shall be credited
to any minimum payments due in 1988 or beyond at the rate of
- per year for ten (10) years or if the sand and gravel
should be depleted before that time, then the remaining amount
not yet credited shall be credited to the minimum amount due in
the last year of operation and removal of sand and gravel. If
all necessary permits are not granted, on terms acceptable to
Purchaser, within two years from the date hereof, the $,
previously paid by Purchaser shall be refunded to Purchaser by
Seller.
Covenants of Purchaser
Seller agrees to permit Purchaser to conduct a pit-run
mining •operation which may include crushing, screening, washing
plants, asphalt plants, and concrete plants or equipment, but
Purchaser will not use the Property for other types of operations
or the storage of equipment used in other types of operations
without Seller's prior written consent. Purchaser shall not make
any use*.df-"th • Itopelky which is contrary to applicable zoning
regulations or the provisions of any permit issued. Purchaser
shall not locate processing equipment on that portion of the
Property which will be mined as Phase V, as set forth on the map
attached hereto as Exhibit "B", without the express written
consent of Seller. Seller shall furthermore, at all times, have
the right of access to the areas used by Purchaser for purposes
of inspection.
Purchaser grants to Seller the right to use all portions of
the Property not necessary for Purchaser' s activities. In the
event Seller uses the - surface for the grazing of livestock,
Seller will be responsible for fencing livestock out of the areas
3
982285
where mining and related operations are taking place and Pur-
chaser will not be responsible for injuries incurred by livestock
in the area where mining operations are being conducted, unless
such injuries are caused by its negligence or the negligence of
its employees or agents. If, and only if, Seller uses the
surface - for the grazing of livestock, then Seller shall be
responsible for maintaining the perimeter fences in their present
condition and installing cattle guards at all points of ingress
and egress fr*teth'e 'Property to adjacent property or roads .
Seller covenants not to irrigate the Property td"'' ch a degree
that such irrigation interferes with Purchaser's operations.
t 4: •Y' AC
Purchaser agrees, within thirty (30) days after the date
hereof, to retain an engineering or consiff!ng firm and begin to
formulate engineering, mining, and reclamation plans and Pur-
chaser will thereafter diligently pursue the application process
to obtain the necessary legal permission to conduct its sand and
gravel operations on the Property. In the event necessary
permits are denied and Purchaser does not re-apply within one
year from denial, this Mineral Deed and Mining Agreement shall be
null and void and all parties' released from further obligations
hereunder and the rights and property granted hereby shall revert
to Seller.
Purchaser shall meet with Seller and further discuss and
negotiate in good faith to reach a reclamation and phased
development plan for the Property to which both agree. Attached
hereto as Exhibit "B" is a map setting forth the parties intent
with respect to the phasing of mining. Phase I shall be mined
first and reclaimed as soon after completion of mining as
possible.. Phase II shall be mined second and shall be reclaimed
as soon after completion of mining as possible. Phase III shall
be mined third and reclaimed as soon after completion as pos-
sible. Phase IV shall be mined fourth and reclaimed as soon
after completion of mining as possible. Phase V shall not be
mined until such time as Seller shall give his express written
permission therefor. Should Seller not grant permission to mine
Phase V immediately after the completion of mining of Phase IV,
all minimum payments due under this Agreement shall be suspended
until such time as said permission shall be granted. The
reclamation plan for all Phases shall be agreed upon between
Purchaser and Seller. Purchaser shall pay all costs of reclama-
tion, pursuant to plans agreed to by Purchaser and Seller, but
said costs shall not exceed the amount necessary to comply with
the minimum reclamation requirements of the various regulatory
agencies. Purchaser shall complete, on or before the date set by
the various regulatory agencies, such reclamation plan as is
finally approved and required by the various regulatory agencies
and agreed to by Seller.
Seller shall become the owner of all water well casings,
fences, gates and cattle guards placed upon the Property. All
4
952285
other improvements and equipment placed on the Property by
Purchaser, except water well casings, fences, gates, and cattle
guards, shall remain the property of Purchaser and Purchaser
shall remove such property prior to the expiration of its
easement of ingress and egress.
At all times that Purchaser is in possession of the Proper-
ty, it will maintain in force a public liability and property
damage insurance policy naming Seller as an insured and having
limits of not less than $300, 000. 00 per person and $500 , 000. 00
per accident for personal injury and $300, 000.00 for property
damage.
Purchaser hereby covenants to fully indemnify and hold
Seller harmless from any demand, claim, or cause of action for
personal injury, death, or property damage brought against Seller
by a person or entity not a party hereto and not a successor,
assignee, grantee, employee, or tenant of Seller, arising out of
or connected with any operations or activities conducted or
performed hereunder by Purchaser or his successors, tenants,
agents, employees, or assigns. Purchaser shall have full control
of any litigation covered by this indemnify, with right to settle
or compromise, and Seller shall cooperate fully in any such
litigation, settlement, or compromise. Seller shall give
Purchaser written notice of the assertion against Seller of any
matter covered by this indemnity, within five (5) days after such
assertion against Seller of any matter covered by this indemnity
is first made.
Seller hereby covenants to fully indemnify and hold Pur-
chaser harmless from any demand, claim, or cause of action for
personal injury, death, or property damage brought against
Purchaser by a person or entity not a party hereto and not • a
successor, assignee, grantee, employee, or tenant of Purchaser,
arising out of or connected with any operations or activities
conducted or performed on the Property by Seller or his succes-
sors, tenants, invitees, agents, employees, or assigns including
but not limited to, activities carried on by Seller or his
successors, tenants, agents, employees, invitees, or assigns on
the Property. Seller shall have full control of any litigation
covered by this indemnity, with right to settle or compromise,
and Purchaser shall cooperate fully in any such litigation,
settlement, or compromise. Purchaser shall give Seller written
notice of the assertion against Purchaser of any matter covered
by this indemnity, within five (5) days after such assertion
against Purchaser of any matter covered by this indemnity is
first made.
Purchasers shall post the perimeters of the Property which
surround areas where gravel and sand mining operations are in
process or where any such activity has been in process including,
in any event, all of the perimeter facing on Weld County Road 7 ,
5
982285
with "No Trespassing" signs in such a number and in sizes neces-
sary to provide an adequate warning. Purchasers also agree to
keep all access gates padlocked and take all other reasonable and
necessary precautions to bar access by trespassers, including
children. _
Seller shall be responsible for the payment of all real
property taxes and assessments on his surface interests levied
during the term hereof and for all assessments on ditch and water
rights associated with the Property. Purchaser shall pay, before
they become delinquent, all taxes and assessments levied against
property owned by it or resulting from his operations on the
Property, and all taxes or assessments relating to the sand and
gravel purchased hereunder, specifically including all severance
taxes.
If Purchaser shall heavily use the unpaved Weld County Road
5-1/2 , it shall pave that portion of the road which is one
hundred fifty (150) feet either side of the farm house which
currently exists on the west side of said road. If Purchaser
uses said road, but not heavily, Purchaser shall undertake dust
control actions at its own expense.
If any party breaches the terms or covenants of this Mineral
Deed and Mining Agreement, the breaching party shall pay all of
the nonbreaching party's reasonable damages, attorneys ' fees, and
costs in enforcing such terms or covenants whether or not legal
proceedings are instituted. In addition, as further security for
the performance of its monetary covenants hereunder, Purchaser
hereby grants a security interest in any and all mining permits
obtained by it for the Property and will assign said permits to
Seller upon demand if any payment due under this Agreement is not
made within sixty (60) days after it is due and demand therefor
in writing has been made by Seller.
This Mineral Deed and Mining Agreement represents the entire
agreement between the parties and there are no oral or collateral
agreements or understandings. This Mineral Deed and Mining
Agreement may be amended only by an instrument in writing signed
by the parties. If any provision of this Mineral Deed and Mining
Agreement is held invalid or unenforceable, no other provision
shall be affected by such holding, and all of the remaining
provisions of this Mineral Deed and Mining Agreement shall
continue in full force and effect.
This Mineral Deed and Mining Agreement and the rights and
duties hereunder shall be freely assignable by either Purchaser
or Seller.
This Mineral Deed and Mining Agreement shall be governed by
the laws of Colorado.
6
3S?2S5
/ This Mineral Deed and Mining Agreement shall inure to the
benefit of, and be binding upon, the parties, and their respec-
tive legal representatives, successors, and assigns.
DATED: ' -r 5- /Sr
- _r __ , 1987 .
PURCHASER:
FRONTIER MA ERIALS, pSC.
By
hairman of the Board /
SELLER:
JCK FARMS, LTD.
BY N
General Partner
STATE OF COLORADO )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
(n day of (I N.A_.Q , 1987, by ,�� . KA4 QJ-1
of Frontier Materials, Inc. , &)Color4o corpora-
tion, on behalf of the corporation.
Witness my hand and official seal.
My commission expires: t-a% - coo
�s.•kEr a-x.a cal .
Notary Puic
STATE OF COLORADO )
ss.
COUNTY OF Lttr/ )
The fore oing instrument was nowled ed pefore me this
Jsr day of ( C , 1987, by -e�yle�rr�rn J
, general partner of JCK Farms, Ltd.
• Witness my hand and official seal.
My commission expires : 034 /977
Notary Public
7
982285
EXHIBIT C •
• TO: Agreement Regardir and and Gravel Mining
and Augmentation cement Pertaining Thereto
PARTIES: JCK Farms, Ltd. , and the
St. Vrain & Left Hand Water Conservancy
District
ASSIGNMENT OF MINING AGREEMENT
This Assignmment is between JCK FARMS LIMITED, a Colorado Limited
Partnership, as Assignor, and the following persons as Assignees, namely RICHARD
HAMM as to 25.5%, EMMA ALICE HAMM, as to 5%, KATHARINE H. OLIVER as
to 43.5%, and CAROLYN TUCHER as to 26%;-such Assignees being referred to herein
collectively as Assignees.
Assignor hereby assigns, transfers and conveys unto Assignees, in their
respective undivided interests, as indicated above, all right, title and interest in and
to that certain Mineral Deed and Mining Agreement between Assignor as seller and
Frontier Sand and Gravel, Inc., a Colorado Corporation, as purchaser, and it being
specifically understood that the within Assignment shall transfer, assign and convey
to Assignees, all interests of Assignor in and to said Mineral Deed and Mining
Agreement, including proceeds, royalties, remainder interests, reversionary interests,
possessory rights, and all other rights, interests and entitlements of every kind and
nature.
Assignees assume all obligations of Assignor under said Mineral Deed
and Mining Agreement. This Agreement is binding upon the parties hereto, their
heirs, successors and assigns.
Executed this /6 day ofQ87, effective as of April 6,
1987.
JCK FARMS LIMITED, .
a Colorado Limited Partnership
BY ' 1 .. r ( i / bet-
Richard Hamm, General Partner
Accepted by Assignees:
fJ ' ,2
Emma Alice-Hamm, Assignee
atharine H. Oliver, Assignee
Carolyn Tucher, Assignee
982285
STATE OF COLORADO
)
BOUCOUNTY OF WO= ss.
The above and foregoing was acknowledged before me this 29th day
of September , 1987, by Richard Hamm, as General Partner, of JCK Farms
Limited.
My commission expires: July 24 , 1988
eNotary Public
STATE OF COLORADO )
ss.
COUNTY OF WELD
The above and foregoing was acknowledged before me this ad day
of DC •" , 1987, by Emma Alice Hamm, Katharine H. OliverJaad-
- _., as Assignees.My commission expiifes;.34 ccac0 if
9', /9 6 p
CZ frPet-e-r--etie-J
Notary Public
STATE OF CALIFORNIA )
) ss.
COUNTY OF Santa Clara )
The above and foregoing was acknowledged before me this 8 day of
October , 1987, by Carolyn Tucher.
My commission expires: June 1, 1990
Notary Public
•
OFFICIAL
SAL SEAL
l',ENDY WAY BARN
• ^'P„qY:OCLIC-CALIFORNIA
�'y Ceva a.6.yiret June 1,1740
W 9 23 7 (E, 8) c � •cv _:::�. tc�ry
-Z-
982295
- -;_ EXHIBIT D
"T0: Agreement Regardi' nd and Gravel Mining
and Augmentation . _ eement Pertaining Thereto
PARTIES: JCK Farms, Ltd. , and the
St. Vrain. & Left Hand Water Conservancy District
ASSIGNMENT
This Assignment is between RICHARD HAMM as to 25.5%, EMMA ALICE
HAMM as to 5%, KATHARINE H. OLIVER as to 43.5%, and CAROLYN TUCHER
as to 26%, such persons being designated herein collectively as Assignor, and JCK
GRAVEL, INC., a Colorado Corporation (Assignee). Assignor hereby transfers, assigns
and conveys unto Assignee all right, title and interest, of every kind and nature in
and to that certain Mineral Deed and Mining Agreement between JCK Farms Limited,
a Colorado Limited Partnership as Seller and Frontier Sand and Gravel, Inc., a Colorado
Corporation, as Purchaser, dated April 6, 1987, and including in this Assignment all
right, title and interest of every kind and nature including proceeds, royalties,
remainder interests, reversionary interests, possessory rights, and all other rights,
interests and entitlements of every kind and nature.
Assignee assumes all obligations of Assignor under said Mineral Deed and
Mining Agreement. This Agreement is binding upon the parties hereto, their heirs,
successors and assigns.
Executed this /(, day of_/pp 19 7, effective as of April 6, 1987.
/
(Richard Hamm)
• 6 )7 -9/
(Emma Alice Hamm)
/ Ii/.
J
atharine H. Oliver)
I ;- . 1) 'I
(Carolyn "'richer)
JCK GRAVEL, INC.,
a Colorado Corporation
/ / /
By `lc ,i,/,'„,,-P >W z��P.t. I
882285
•
STATE OF COLORADO ) -
O(1 LOE/Z ) ss.
COUNTY OF WTt l
The above and foregoing was acknowledged before me this /'tday of
U' J , 1987, by Richard Hamm, Emma Alice Hamm, Katharine H. Oliver
and
My commission expires: 1 1 ' ) /9;9(-)
Notary Public
•
541 / 2;77.r-c:✓ :�5sir.rca ` 44 fJSn/
STATE OF COLORADO )
ss.
COUNTY OF WELD )
The above and foregoing was acknowledged before me this O-1----day of
62r-T.. , 1987, by c a.. t...wJ 9U (GhuJ' , as /3 Oat
of JCK Gravel, Inc., a Colorado Corporation.My commission expiresp
9, /9 p ee
Notary Public
STATE OF CALIFORNIA )
) ss.
COUNTY OF Santa Clara)
The above and foregoing was acknowledged before me this 8th day of
October , 1907, by Carolyn Tucker.
My corinission expires: June 1, 1990
•
Rotary Public
OFFICIAL SEAL
,:e—:;11•;?-n-. WENDY MAY BARN
W 9 Z3 7 (C, Z) `! •Fne ' NOTARY PUP,UC•CALIFORNIA
1 J 'ia SANTA C�RA COUNTY
` tt
�?�` My Comm Ezp'ue,Juno 1,1990
—Z—
•
q≥g2.285
itommammisarmaraiMmtvers
fr
•
GRAVEL PIT AUGMENTATION POLICY
-
- The St. Yrain & Left Hand Water Conservancy District
The Policy of the District with respect to augmentation for evaporation
from gravel pits is as follows:
1. Require two acre-feet of augmentation water per acre for each
additional acre of open water surface created by mining.
2. Water rights conveyed to the District for augmentation must be
first adjudication rights (1882) or Colorado Big Thompson Project water.
Where C.B.T. water is proposed, it is subject to the approval of the
• Board of Directors of the Northern Colorado Water Conservancy District.
3. The quantity of water available from water rights proposed for
f augmentation is to be determined by engineers for the District based upon
the historic average annual diversions attributable to the water rights.
4. No credit is to be given for historic consumptive use resulting
from unadjudicated sources such as sub-irrigation from ground water,
ground water evaporation, wastewater, bogs and marshes. Such consumptive
use is considered to be attributable to out-of-priority diversions from
these sources and cannot be claimed for augmentation purposes.
S. Augmentation water rights are to be conveyed to the District,
provided however, that C.B.T. water shall remain allocated to the land
and titled in the name of the landowner, but shall be subject to a cov-
enant tying it to the Augmentation Agreement.
•
6. The District shall own all augmentation water (other than
C.B.T. ) and shall exercise all rights and responsibilities of ownership
of rights transferred to the District, subject to the provisions of the
Augmentation Agreement.
•
7. The landowner shall file for conditional and absolute water
rights on water stored in
g gravel pit ponds, filing to be undertaken as
soon as possible after execution of the Augmentation Agreement and pur-
sued diligently to final decrees.
8. The applicant shall pay to the District a reasonable amount to
reimburse for legal and engineering expenses incurred in reviewing the
mining proposal and preparing the Augmentation Agreement.
9. In the future, if required by Colorado statutes, Colorado State
Engineer or other water users, the applicant agrees to file a formal Plan
of Augmentation with the Water Court. Both the District and the applicant
agree that the standards set forth in this policy shall govern their
positions with respect to any formal plan of augmentation; in other
words, the District agrees not to request additional augmentation water and
the applicant agrees to waive any claims it might have to furnish less
augmentation water.
.'l, •., 982285
w Rc04i✓O�B F ,C 4 ' EEC 02042018 02/06/86 11 : 35
' MARY ANN PEUEFSTEIN CLi - , & RE 315 . 00 1/pp5
CORDER WELD CO,
CO
AGREEMENT REGARDING SAND AND GRAVEL MINING
AND AUGMENTATION PLAN PERTAINING THERETO
• 11
THIS AGREEMENT is made this /0 T They of 1980, between
ST. VRAIN , LTD. , a limited partnership, hereinafter termed ST. VRAIN , and THE
WATER USERS ASSOCIATION OF DISTRICT NO. 5 , a Colorado nonprofit corporation , herein-
after termed WATER USERS ;
WITNESSETH:
WHEREAS , ST. 'DRAIN owns the property described on the attached Exhibit A,
and has applied for a Special Use Permit from Weld County and for a Mining Permit
from the Mined Land Reclamation 3oard of the State of Colorado to enable it to
conduct sand and gravel mining activities on the property; and
WHEREAS , ST. VRAIN shall be responsible for completion of mining and
reclamation plans submitted to Weld County and the Mined Land Reclamation Board,
which plans include the creation of one or more lakes ; and
WHEREAS , the WATER USERS have no objection to the mining and reclamation
plans if an augmentation plan for Boulder Creek is entered into for the purpose
of compensating for potential additional evaporation which may result from the
lakes created by the Mining , and the parties have agreed upon such an augmentation
plan as set forth herein.
NOW, THEREFORE, it is mutually agreed as follows :
1 . ST VRAIN agrees as follows :
A. To conduct a mining operation in accordance with the
requirements set forth in the Mining and Reclamation Plan as
finally approved by Weld County and the Mined Land Reclamation
Board of the State of Colorado;
3. That neither it nor its partners , general or limited,
nor its successors nor assigns will claim, in any judicial pro-
ceeding or otherwise, that it has an appropriation of water by
virtue of the contemplated mining operations and reclamation plan,
or attempt in any way to appropriate any water which is assertedly
developed, or which assertedly augments stream flow, as a result
of the contemplated mining operations and reclamation plan . The
foregoing sentence shall not preclude ST. VRAIN from raising any
such claim as a defense to any judicial or administrative proceed-
ing brought by either a governmental agency or a water user not
bound hereby , so long as the water which ST. VRAIN asserts has
i18 85
3 1102 REC :042013 02/06/36 11 : 35 $15. 00 2/005
• F 0412 MAR_ ANN FEUERSTEIN CLERX S RtCORDER WELD CO, CO
been so developed or so augments the streamflow is not claimed
to exceed that necessary to compensate for the injury to the
water rights of others asserted in the proceeding to have been
caused by the mining operations and reclamation plan.
C. To construct lakes Contemplated by the approved mining
and reclamation plan , in a good and workmanlike manner, and in a
manner that will have inlet and outlet structures which can be
controlled by the State Engineer of the State of Colorado and his
representatives.
0. To reconstruct historical wasteways and ditches in such a
manner as to assure that no ditch user or person affected by such
ditch or ditches shall be injured and in such a manner that the
water and wastewater flowing in such ditches will flow in the same
manner and at the same time as it has historically flowed. In
addition , written approval from the owners of each ditch affected
by the mining activities shall be received, and copies furnished
to the WATER USERS prior to the commencement of mining activities.
E . To reimburse the WATER USERS for its necessary ant reason-
able expenses incurred in connection with its .review of the Mining
and Reclamation Plan and the preparation of this Agreement, which
the parties agree is 5500.00.
F. ST. VRAIN , for itself, its successors and assicns , further
agrees to augment Boulder Creek , thereby preventing injury to other
water users , by allowing all water attributable to one share of the
common capital stock of the Smith and Emmons Ditch (represented by
Certificate No . 22) and two shares of the corrnon capital stock of
the Rural Ditch Company (represented by Certificate No. 236) not to
be diverted through the ditch headgates , thereby allowing such water
to remain a part of the water of Boulder Creek , or if diverted at the
ditch headdates , not to be used for irrigation or any other purpose,
but to be allowed to flow back into Boulder Creek. The decision
as to whether or not such water shall be diverted at the respective
ditch headgates , and if diverted, at which point it shall be allowed
to flow back into Boulder Creek, shall be made by the WATER USERS. In
any case, this water shall be used to augment evaporation -from the
lake resulting from ST. VRAIN ' s mining and reclamation plans and shall
never be used for any other purpose. The land heretofore irrigated
by, and the water heretofore attributable to,such shares shall no longer
• be irrigated by such shares.
G. In order to implement the provisions of this Agreement, ST. VRAIN
-2-
482285
B 1102 REC 02^42018 02/06/86 11 : 35 115 . 00 4/005
r 0414 MARY I FEUERSTEIN CLERK & RE JER WELD CO, CO
herein, as to any period of time when the augmentation plan
described herein remains in effect.
4 . ENFORCEMENT. This Agreement may be enforced by the WATER USERS ,
or any of its members who are adversely affected by any violation of any term
hereof, by seeking any appropriate equitable and legal remedies . including injunc-
tive relief, specific performance and damages. In the event that litigation is
commenced by the WATER USERS or any of its members to obtain such enforcement,
and the WATER USERS or any member prevails , ST. VRAIN, and/or its successors and
assigns , agree to pay for any reasonable attorneys' fees and court costs expended
by the WATER USERS or the member in obtaining such enforcement; but if ST. VRAIN
prevails , the WATER USERS , or the member instituting the litigation , shall pay
such fees and court costs expended by ST. VRAIN-
IN WITNESS WHEREOF, the parties hereto have attached their signatures
on the day and year first above written. •
ST. VRAIN , LTD. , a Limited Partnership
7'7.. •
::enerai Partner
THE WATER USERS ASSOCIATION OF DISTRICT
NC . 5 , a Colorado nonprofit corporation
•
By
ATTEST:
STATE OF COLORACO ) ss .
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me this 4t day of
r^i:c•.S,-, ,..r* ,..
g 1980, by 7,110b....7.171,24,,—_, , ar^.a.,vu: T✓u,� / , and by
as Secretary of the Water Users Association of Distr,,cb-•Nu:....
6, a Colorado nonprofit corporation. Witness my hand and official seal•:' o07+tn ,,, ..
My commi ss ion expi re�i> s.e,,,.,,, , •,� >: ,r • - .. . .
C1Q 2 n • 4, a _ . • .:,
Notary Public
STATE OF COLORADO ) s'•-.- .•-�
ss. y-.-.... -
COUNTY OF } r
TN
The foregoing instrument•-wag atknow•ledge-d2before me this /0 day of
.1980, -(Qar7.�.c._.,-.6$r9eral Partner of
St. 'rain, Ltd. , a Limited Par;Rershtp. Witnesny 'hand. and official seal .
My commission expires : S/- / - 'L�,' a
982285
O
a 1102 REC 02-42018 02/06/86. 11 : 35 ;15 . 00
5
c
F 0415 MARY .J FEUERSTE2N CLERIC & RE, :DER WELD CO,, COC
EXHIBIT A TO SAND AND GRAVEL MINING AND AUGMENTATION PLAN PERTAINING
THERETO
ST. VRAIN, LTO. . a Limited Partnership aria the Water Users Association of
District No. i6
Legal Description:
Property owned by St. Vrain Ltd . . and located in the Southeast Quarter of
Section 9, Township 2 North, Range 68 West of the 6th P.M. , Weld County,
Colorado.
The property was the subject of a gravel mining permit application , Weld
County Case No. SUP-397:79: 17 .
WHG:bm
WUA-STVR. 1
•
•
•
982285
9 1102 RECv 02042018 02/06/86 11 : 35 ... 515 . 00 3/005
F 0413 `IAR- N '7 FEUERSTEIV CLERIC 6 R )RDER WELD CO, CO
agrees that the Certificates described in the preceding paragraph
•shall be endorsed as follows ;
"These shares and the uses of water attributable thereto
are restricted by an Agreement dated
entered into between ST. VRAIN, LTD. , a limited partner-
ship, and THE WATER USERS ASSOCIATION OF DISTRICT N0. 6 ,
a Colorado nonprofit corporation, and are subject to the
terms of that Agreement. Said Agreement is recorded in
the office of the Clerk and Recorder of Weld County and
affects land in Section 9. Township 2 North , Range 53
West of the 6th P.M. "
Such Certificate shall be surrendered to the WATER USERS or to the
Secretaries of the respective ditch companies , so that the endorse-
• ment can be placed thereon, after which the Certificates shall be
returned to ST. VRAIN .
H. ST. VRAIN , for itself, its successors and assigns , shall continue
to pay all ditch assessments applicable to the shares mentioned above.
2. COVENANT RUNNING WITH THE LAND AND DITCH STOCK. This A re
g emen t
shall be a covenant which runs with the land described on the attached Exhibit A,
and the shares of stock in the Rural Ditch Company and the Smith and Emmons
Ditch Company mentioned above, and shall continue in effect and be binding upon
the parties , their successors and assigns , unless or until the WATER USERS, or a
majority of its voting mprbers;nip or successors shall waive the terms hereof, or
until entry of a judicial determination modifying this augmentation plan, or deter-
mining that augmentation is not required or will no longer be required. In the
event that after any and all appeals have been completed, the Water Court, or other
appropriate agency, by final decree or order approves an amendment or different
augmentation , or determines that augmentation is not required or will no longer
be required, each of the parties hereto agree to abide by the outcome of such final
decree and the existing plan for augmentation shall be deemed to be modified
accordingly.
3. OBJECTIONS TO PERMIT. In consideration of the covenants herein
contained, the WATER USERS and its members hereby;
A. Withdraw any and all objections to granting the special use
permit and consent that the same may be issued at the discretion of
Weld County.
B. Withdraw any and all objections to granting the mining permit
and consent that the same may be issued by the Mined Land Reclamation
Board,
C. Covenant that they will not raise any objection to the mining,
reclamation, pumping and creation of a lake or lakes described herein
or commence any litigation seeking injunctive or compensatory relief
arising therefrom except for violation of the Agreements set forth
-
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