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J red 'J � }^,1 ickman `•' ,_ .4,'.;2r=;: --4 `"w=� •i .� ,: s` ','«: >: .s?.: ;'; '- - i 9623 ,,,,:,---7,-,:',,,,-k,7-4.,-""„—: z. ,-,- „_ r•,�':'''-''. - -"c',,. _ ,`t'x-„',1,.',,•i, - e.^-'--, Zr'7 40 , '.4..m-.+§„`,-`� y-•. ,.„ Y.,' .a,' -n.,'. :,t.•' .:mota _ e' »: �; -7' t,4._4.-,,,., ,'>:`-' -„,.,},.r:#r,;`trt,vF _, -y-,�_ ; .'."'t*p...,,,,-,..,,,. .a• r,l.� - -.,,F,-;' .'d. :sr.,-- Bas='-,i '-t,s .„t y� �.?:4� `!'' ,,,,,,,,,,_r.,4,,,,,,..4:42±,,,,,,, _-_ 4,...,,,,,,„ ;,''a'' 6, ,,,i,,,.„,,,;,,,-,,..,::',1,r':,^,7 ,~ "4+.'�`-r r•x_,•<.�X'�,;^'^ '`A'r'•`-', �'�c'`•'� --v, `.=�^''' n4 N+— 5..:'�tA x•,.. '. .1 €'..s�.: 'fi-�.�: �`;. <-,t., �'-• ,,,,y,;,,-,..-^",,,*, �',d g ' '_,R.. ,,.'L•.:.. ,... �k ....... 1, �... .. Corporate-Central Services Western 1590 W 12th Ave. Mobile Denver,Colorado 80204 303.657•4334 Aggregate•Asphalt•Concrete Fax 303.657.4339 August 21, 1996 Mr. Keith Schuett Weld County Planning Department 1400 N. 17th Ave. Greeley, Colorado 80631 Sbj: Request for Recorded Exemption &3 applications for USR's on currently permitted sand and gravel mining properties. Dear Mr. Schuett: Western Mobile Boulder, Inc. is the current sand and gravel mining operator on two separate parcels of property in Weld County,the Hamm Pit& Boulder Creek Estates Pit. These operations are on either side of Hwy. 119 and the St. Vrain Creek. These applications are a result of our work over the last few years to create a well thought out sand and gravel mining operation that is efficient in the method of extraction, processing and sale/distribution of these natural resources with little or no impact to our surrounding neighbors or the Weld County road system. These plans call for the placement of a portable conveyor under the Hwy. 119 bridge on the St. Vrain Creek with very little or no disturbance to the stream and stream banks. In order to do this we have worked with the State Division of Wildlife, Colorado Department Of Transportation , Weld County Hwy. Dept., the Army Corps of Engineers and your offices to attain the consensus necessary to actually move forward with our plans. Your office has processed and approved a Flood Hazard Development Permit# 228. Plans have been developed to monitor as well as the procedures for a speedy removal in the case of high water in the creek so that the conveyor will not affect the flow of waters under or around the bridge. We have also agreed to stream bank improvements and timing of conveyor installation to have little or no impact on the swallows under the bridge. These plans will extend the focus of our processing and sales activities at the current plant area, but will result in our ability to create a better facility. These plans call for the creation of a separate lot where the bulk of our facilities will be located so that we will have a better defined base to operate from. Enclosed please find the following: Hamm Pit: Request For Recorded Exemption (creating two lots): 1. Application form 2. Two checks, one in the amount of$990.00,#398818 for the application fee & one for$11.00#416553 to cover the recording fee, both payable to the Weld EXHIBIT County Clerk and Recorders office. 3. Recorded Exemption Questioner. 4. An 8 1/2 by 11 inch copy of the proposed plat as well as a larger 24 by 36 inch version. 5. Letter from the St. Vrain Sanitation District, dated May 15,1996 and a letter from the Left Hand Water District, dated August 6, 1996. LALANDFILEU996\BOULDER\HAMMUSRCVRLTSAM 9623(,0 A Redland Group company __ 6. Title work from Land Title Guarantee Company, dated April 25th 1996 covering the parcels and the chain of conveyances. 7. Weld County Road Access Information Sheet. 8. Certificate of Insurance. 9. List of Adjoining Property Owners with a map. Request For a Special Use Permit on Lot A(23.01 acres): 1. Application form 2. Two checks, one in the amount of$1,184.00#415107 for the application fee& one for$33.00#416551 to cover the recording fee,the first is made payable to the Weld County Planning Dept. and the second is made payable to the Weld County Clerk and Recorders Office. 3. Responses to the Application Packet/Questionnaire 4. Vaccinate Map, Excavation Map& Reclamation Map(one set at the 24 inches by 36 inches and one set at 11 inches by 17 inches. 5. A true and accurate list of Adjoining Property Owners,within 500 feet of the Special Review property, obtained from the Weld County Assessors Office with a map, current to within 30 days of this application submission date. 6. A true and accurate list of the name and address of mineral owners and lessees of minerals,to within 30 days of this application submission date was obtained from the Weld County Assessors Office. Request For a Special Use Permit on Lot B and Unplatted Parcel (186.99 acres): 1. Application form 2. Two checks, one in the amount of$1,455.00#415106 for the application fee& one for$33.00#416550 to cover the recording fee,the first is made payable to the Weld County Planning Dept. and the second is made payable to the Weld County Clerk and Recorders Office. 3. Responses to the Application Packet/Questionnaire 4. Vaccinate Map, Excavation Map& Reclamation Map (one set at the 24 inches by 36 inches and one set at 11 inches by 17 inches. 5. A true and accurate list of Adjoining Property Owners,within 500 feet of the Special Review property, obtained from the Weld County Assessors Office with a map, current to within 30 days of this application submission date. 6. A true and accurate list of the name and address of mineral owners and lessees of minerals,to within 30 days of this application submission date was obtained from the Weld County Assessors Office. Boulder Creek Estates LLC Pit Request For a Special Use Permit on 154.5 acres: 1. Application form 2. Two checks, one in the amount of$1,455.00#416554 for the application fee& one for$33.00#416552 to cover the recording fee,the first is made payable to the Weld County Planning Dept. and the second is made payable to the Weld County Clerk and Recorders Office. L kLANDFILE11996\BOULDERVHAMMUSRCVRLT SAM 962310 3. Responses to the Application Packet/Questionnaire 4. Vaccinate Map, Excavation Map&Reclamation Map(one set at the 24 inches by 36 inches and one set at 11 inches by 17 inches. 5. A true and accurate list of Adjoining Property Owners,within 500 feet of the Special Review property, obtained from the Weld County Assessors Office with a map, current to within 30 days of this application submission date. 6. A true and accurate list of the name and address of mineral owners and lessees of minerals,to within 30 days of this application submission date obtained from the Weld County Assessors Office. Should you have any questions regarding these applications, please feel free to call my office (303) 657-4336, Fax(303)657-4339 Sincerely, 1.' / - John ickman Land and Resources Mgr. L.\LANDFILEU 996\BOULDER\HAMMUSRC V RLT SAM 962310 F- z' 'D ., 0 • 0 0 • I 0 ' - 0 .I u 1 Q CT, O` ¢ ( 0 Z F O \ W I al =I LLO __—_� Z CI Z I 0 c Z-65 CY") i * I z a �,i ' 01 J • ! ' _, C IcD ., \',, y-. I- A , _ Z i--J v� J i Cm^ el = C G N r, \ QI O 0 ^,l� , w 1 C' ' . G O. a'NI `� z O1 aN . I� I ■ w C7' m a>- - - >- • I Q z z O a I J 2-, - Ln V ,O Q wW¢ w �, W Z Ua¢ Z LI-I C I frl Lfl L1"I V- -J ' 0 rfl ....- 0 I Cr •• `r N V 0 ,•C n1 o 0 -8 a 0 ru -LI I \ - G O `r'. ;� ■■ Z; �- ....% - O, c., � 0 ■ ,0_1 0 r-� 0 0 z = C '� I Z UJ x LL:, H b CO L w' I~ -t < ti V Cr a O Z :Z. uj - La Cl... 0 = - J W C G it T w J L- I I ¢ CV -LI Q x w 3 ( ] r C J .LJ C :J Q W J z ;n ,WI Z CO S (..? aUz IzlUJ Ill a Os LLI >, w I ,117 Lw 0Z O- i_ mO ^ O T 0- 962340 I--i O .ZI C O � I I 'C • ^` p ,,,r •ri O u)111 =w .f1 Q i i 2 *'i z u N. LU Z I Lt) O * CD uj o I- : , Y CO ¢ * >e ,` I T * O LL `, G ZI O J V it * z =I • 0 * 1 ' O I O O . .1i : I: v C O O ON ,/ ' • o .to I r N o !� +''.---. .A.z 0 YJ� a : C Za w 01 ma> V > I I Uww O a J MgS ^" Ln wtn0Ln r1i w ° > v7 `U OI � i �`n „+ Lrl i ' Ul N O •■ \ S _ M I ill =; \ z S z0 LW ra Er C +0 rrl I Z 'O U v. r7� I r Ot ,..7 r X ^ 0 - O: .3 I \ LJ J 0.. C = Z rr7 _LI L.,..; L11 ()i L w.. J L}. wCIDI `.• H Ln Q Li] - U n O I-. S J Q I-1 ` O '-7 = = O >. J, J> r O J `.,iQN 007 3; =-- N C J C LL Q O I 0 Z 'JJ 4" z to N 'w I X CD CO Q S ,-d C? Z •N >I Qp. x w v Lu w Is '—I O �.- W W w w II Q moQ a ° moo I T -..` 962"MO EPARTMENT OF PLANNING SERVICE Weld County Adm...,,..ative Offices, 1400 N. 17th Avenue, Gre ,, Colorado 80631 Phone (970) 353-6100, Ext. 3540, Fax#(970) 353-6312 • APPLICATION FOR RECORDED EXEMPTION FOR PLANNING DEPARTMENT USE ONLY: Application Fee O Receipt Number C6 ? Case Number Recording Fee , Receipt Number Zoning District Application Check By Planner Assigned to Case TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I (we), the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. LEGAL DESCRIPTION: See Attached Legal Exhibit A TOTAL ACREAGE: 160 PARCEL NUMBER: 1 3 1 3 0 4 0 0 0 0 4 ] (12 digit number-found on Tax I.D. Information or obtained at the Assessor's Office. Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No y Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes x No Does the parcel of land under consideration lie in any of the following Overlay Districts? Flood Hazard: Yes x No_; Airport: Yes_No x , Geological Hazard: Yes_No x FEE OWNERS OF PROPERTY: Name._JCK Gra-v_el Inc. Home Phone# 970/339-9404 Address: 4250 W. 16th Street, #46 Work Phone# 970/339-9404 City/State/Zip Code Greeley, CO 80634 Name: Home Phone# Address: Work Phone# City/State/Zip Code Water Source: Larger Parcel Left Hand WaterDbi-st. Smaller Parcel Left Hand Water Dist. Type of Sewer: Larger Parcel st_ Vra5 n Sanitation Smaller Parcel St. Vrain Sanitation Construction Aggregate Construction Aggregate Mining Proposed Use: Larger Parcel Mining & Agricultural Smaller Parcel processing Sales & Concrete As:' 'lj Batch Pits. Acreage: Larger Parcel _128.78 Smaller Parcel 23`.01 Existing Dwellings: (Yes or No) NO (Yes or No) NO Existing Dwelling Address (if applicable): Larger Parcel County Road #7 Smaller Parcel 3029 Hvu 119. Longmont. CO 80501 I hereby state that all stai�ri�mm t(S,er9larmjplgrg@matted with this application are true and correct to the best of my knowledg4Ye JC Gravel, to AAA,v10 c./kl . (001.0-e t a AUG 0 1996 ignature: Owner or Authored Agent a atharine H. Oliver, President APPLICATION ASSISTANCE Septic Permits Colorado Highways Weld County Health Department Colorado Dept. of Transportation 1517 16th Avenue Court 1420 2nd Street Greeley, Colorado 80631 Greeley, Colorado 80631 (970) 353-0635 (970) 353-1232 County Roads Water Wells Weld County Public Works Department Division of Water Resources 933 North 11th Avenue 1313 Sherman Street, Room 818 P.O. Box 758 Denver, Colorado 80203 Greeley, Colorado 80632 (303) 866-3581 (970) 356-4000, Ext. 3750 Division of Water Resources 800 8th Avenue, Room 321 Greeley, CO 80631 (970) 352-8712 I have been informed by the Weld County Planning Department that the minimum lot size required in the A (Agricultural)zone district is 80 acres. I am aware that the inclusion of the entire 1 1.79cre parcel into this recorded exemption application is not necessary at this time. I understand that by inclusion the entire 151.79 acre parcel into this recorded exemption, rather than doing a recorded exemption on the23.of acre parcel, I waive my opportunity to further divide my property without utilizing the recorded exemption process. JCK Gravel, Inc. roperty Owner Katherine H. Oliver Witness Fyd Oliver xa° President 1996 CI-at/44AI 962M0 4 Recorded Exemption Questionnaire JCK Gravel, Inc. 26.29 Acres June 4, 1996 1. 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 as well as a water well permit #037683-F with the State Water Engineers Office that covers the exposed water from the mining. The property on the south has a water line easement for the Left Hand Water District and a letter has been requested from the District to service the property in the future. 2. This property on the south has a sewer line easement with the St. Vrain Sanitation district and a letter has been requested from the District to service the property in the future. 3. The property that the requested exemption is on is currently under a USR- 809 Permit with Weld County that allows the current activities of sand and gravel mining as well as concrete and asphalt batch plants. There will be no prime farmland when completed with the mining. 4. The reason for the requested exemption is to allow for the creation of a separate parcel to be conveyed to Western Mobile Boulder, Inc. where they can import aggregate materials from off site. 5. The new parcel would be 26.29 acres at the north west corner of the intersection of Colorado Hwy. 119 &Weld County Road#7. Current uses on the 26.29 acre parcel are sand and gravel mining as currently allowed under USR- 809. 6. The use on the new parcel will be a continuation of the existing uses allowed under USR- 809. The uses on the properties surrounding the properties are: North-Agriculture East -(across Weld County Road#7) Sand and gravel mining& commercial. South -(across Colorado Hwy. 119) agriculture& sand and gravel mining. West -Agriculture. 7. We do not know of any municipal or intergovernmental plans covering the property. 8. The surrounding properties are sand and gravel mining, agriculture& commercial. The continued uses will not impact the surrounding properties any more than under the current USR-809 permit 9. The planned uses on the new parcel are a continued use of the allowed uses under USR- 809 as well as agricultural. RECQ.SAM 962M0 10. The request for Recorded Exemption will not change the agricultural and aggregate mining uses on the property as per Weld County USR-809 and the underlying Agricultural zoning. - These uses will allow for an orderly removal of the aggregate resources and integrated use of the property. - The operations have been planned and operated to allow for the health, safety and general welfare of the surrounding citizens. - The existing and planned uses conform with the Weld County plans. - The existing and planned uses conform with the subdivision and public improvement plans of Weld county and municipalities. - The subdivision is well planned and the operations have incorporated high standards in the allowed uses. - The interests of the owner, operator and the neighbors have been well safeguarded. - The Weld County Planning has been very helpful and fair in their explanation of the items necessary in this application - The property is carefully monitored for fire prevention control. - Agriculture uses have continued in conjunction with the mineral extraction. - No additional waters will be needed other than what may be provided by the local water district. - Natural vegetation has been avoided as best as possible as part of the ongoing uses. - On going operations have kept the reclamation and the sediment and erosion control current. - Flood control measures are constantly reviewed and upgraded when necessary. - Facilities have been installed with the thought of minimizing or eliminating flood damages - All slopes have been and will be stabilized and there are no geologic hazards on the property. RECQ.SAM 962340 If e tee . pA� a `8g5l2r PI a '§ pl§k 9 -I i ; lip S- 6 ..�.. €'ggg g i 5PiMi Kggdei o 3 6 Ak V 1 i kit,i! O E., o_ NI Pu I b g.r. ..: .8 ni \-\-- I-4s y a y $g W 04 t o ii i \ 5 Oa I § i , 1. ! iu ; l '"'ig .5g Il!I L tl 'Pr e ER d a� gga :R5.- g:I;I li !i ll!@I die y cgg- I¢k' a4 .a ' 133 8 y$� cd lE is o i g§: -. 5 b FS5q' 'e ;� 5SP N Z o f !iii pi $,.11p 's,: IPg q g 5f(r il! — E 61 u F g I— ill. fh t°g ii;RtI Y "r6 A W i a W P Z rite flg yi' &3. b 1r8 o '1'Mil 'tx 011 min ass6 1s ,s €eR g§ o g p1! I8 Ni llre e I I a56 apv :4„i 84 8,'@ "¢ 'b9 ge , ,g8a fig, A�8 4€g pgy Eqq � I I g3K g 51 i< i ;Ig^ig 1§€ A olt o U 7,,7 O ., r u< .—IUyDl y W N R.�_ f+ro.An) I "c N ry Zf CIZI M.T59C 005 t I LO 5 M�TC,9fA05 - %I:" 1 11.. IZ Id I 0 I mI = <sg b5g¢ w ml gs� ; x WI so W 'I a I I':4, ° .I L-- 'I � I! 0 72-eszI 33.88 R.00 N a 0 I I U 0 i 0 W23 a1 R I ag A F o..Y J Z L, _ L R zI _A� I Z- . W g j. .�R. I e3\,,...4 a SEIRISZ 3.l9 lT OD Al — - w 1° O y o d Z N w W U 962340 GSt. qAtain cSaniLatiol2 - )111-Ti L (�aint clan) afE/2fions 515�imt a J st.,,Suite 109 (303)776-9570 1'on9mont,£?D 80501 May 15, 1996 Mr. John Hickman Western Mobile 1590 West 12th Avenue Denver, Colorado 80204 Re: Commitment to Serve Dear John: Pursuant to your request concerning the following described real property: Approximately 26 acres in the SE/4 of the SE/4 of Section 4, T2N, R68W of the 6th P.M. , Weld County, Colorado. An 8-inch lateral sewer line runs in an easement along the south edge of this property. Development of this property complies with the District's Master Plan. The property is not within the District and must petition for inclusion to be served. The property will be served by this District's municipal type collection system and aeriated lagoon treatment plant constructed to Colorado Department of Health and Environment standards and operated subject to the Colorado Discharge Permit system. St. Vrain Sanitation District has 1852 SFE (single family equivalent) taps, of which 414 have been purchased, resulting in 1438 available for purchase. These taps are available to referenced property and other eligible properties on a first-came, first-serve basis. As the present supply of taps is consumed, the District plans to increase the size of its treatment plant to serve 5,555 SFE taps. These additional taps would also be made available on a first-came, first-serve basis. The above-referenced property is eligible to utilize the available supply of taps on a first-came, first-serve basis, subject to the following: a. Petition for Inclusion. b. Installation of an internal collection system in accordance with District standards and connection to the District's system by the applicant; c. Purchase of the required number of taps, as needed; and d. Carnpliance with the District's Rules and Regulations. Mk. John Hickman May 15, 1996 Page 2 Should this property wish to obtain an absolute commitment to serve, taps may be prepurchased and held until needed. Monthly service charges will be assessed upon completion of construction or twelve months after purchase, whichever comes first. Should you have any questions concerning this matter, do not hesitate to contact me. Very y urs, ST:- ITATION DISTRICT . D. Lawson, P.E. Manager LDL:mcj IIIII LEFT HAND WATER DISTRICT August 6, 1996 Mr. John Hickman JCK Gravel c/o Western Mobile 1590 W. 12th Ave. Denver, CO 80204 RE: 26.69 acres at the north west corner of WCR 7 and SR 119 Dear Mr. Hickman: The above described property is located within the boundary of Left Hand Water District. It is Left Hand's intent to serve this property at some point in the future; of course with - conditions for extension of service at the time of review. A tap application is on file (#1749). It is my understanding that this letter is to be used by the Weld County Planning Department. Please call me if you need any additional information. Sincerely, David J. ample, PE District Engineer P.O. Box 210 •Niwot CO. 80544.(303) 530-4200 • Fax (303) 530-5252 CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO) DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD) The Land Title Guarantee Co.TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972. LEGAL DESCRIPTION: The Southeast 1/4 of Section 4 , Township 2 North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado. EXCEPTING THEREFROM that tract of 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. CONVEYANCES (if none appear,so state): Reception No. 1706369 , Book 784 Reception No. 1713639 , Book 792 Reception No. 1951548 , Book 1017 Reception No. 2118757 , Book 1174 Reception No. 2118758 , Book 1174 Reception No. 2231154 , Book 1280 Reception No. 2264411 , Book 1312 Reception No. , Book This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. In Witness Whereof, Land Title Guarantee COMPANY,has caused this certificate to be signed by its proper officer this 25th day of April ,A.D., 19 96 , at 8 :00 o'clock. A.M. Land Title Guarantee Company Company By: Z _ Author e Signature 2'30 .. Ac"784 Recorded at t)11(1 o'clock O --M, DEC 2 Q 1976 Reception No. 1706 3.69 GARY•=ANN.TEUERSTEIN Recorder. C\2. J- 1 EMMA ALICE HAMM, whose address is 1239 Third Avenue, Longmont, c. County of Boulder , State of c6.67,010, Colorado , for the consideration of one dollars in hand paid, hereby sell(s) and convey(s) to o rA KATHARINE FENTON, whose address is 3525 Ogilvy Court, Greeley , County of Weld , and State of Colorado, the following real property in the County of .Weld , and State of Colorado, to wit: An undivided 15% interest in and to the following described property: cv The Sk of Section 4, and the SEa of Section 5, in Township c2, 2 North, Range 68 West of the 6th P.M. ; TOGETHER WITH all ditch and water rights appertaining to said premises, including 13.2 shares of the capital stock of The Oligarchy Irrigation Company, 20. 1 shares of the capital stock of The Oligarchy Extension Ditch Company, and 16 shares of the capital stock of The Lower Oligarchy Ditch Company; with all its appurtenances, and warrant(s) the title to the same, Ktiguitcto as to a l l persons claiming by, through or under the grantor. Signed this 17th day of December , 1976. E a Alice Hamm. STATE OF COLORADO, ss. County of Boulder, The foregoing instrument was acknowledged before me this 17th day of December , 19 76 ;by Emma Alice Hamm. , / c Y:.commission expires July 14th, 1979. ti; La hand and official seal. I • 1 0 0 &zezc, - LI 4„ '1 '•i, Notary Public • t3�.G0O.11' No.897. Warranty Deed—Short Form—Bradford Publishing Co..1824-46 Stout Street,Denver,Colorado. 6.76 Send future tax statements to: Emma Alice Hamm, 1239 Third Avenue, ' Longmont, Colorado 80501. AK19515+16 B 1017 REC 01951548 12/29/83 16: 54 S6.00 1/002 F 011.5 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO RICHARD E. IlAtet, whose address is 1239 - 3rd Avenue. ' ( Longmont (80501), County of Boulder, and State of CO., liCAROLYN TUCHER, formerly CAROLYN ALICE HAMM, whose address is 4264 Manuela Way, Palo Alto (94306). County I Hof Santa Clara, State of CA. . and KATHARINE FENTON, i! ' formerly KATHARINE C. HMV. whose address is 3525 :I ( Ogilvy Court. II Greeley (80631), County of Weld , State of 1 •I I Colorado . for the consideration of ONE DOLLAR, NO COLO', DOC FEE ! dollars, in hand paid. hereby selPf.and conveyls► to :' JCK FARM, LTD., a limited partnership, • i! whose legal address is 1239 - 3rd Avenue, Longmont (80501) County of Boulder ,and State of CO. , the following real property in the i ' County of Weld ,and State of Colorado,to wit .i I The Sh of Section 4 and the SE3t of Section 5. in Township 2 North, :1 of Range 68 West of the 6th P. M., except 6.07 acre tract conveyed to . 'I Anna R. Gregg by warranty deed dated October 2nd, 1922. and recorded +' II October 23rd, 1922. in Book 687. at Page 171 of Weld County, Colorado ' records; together with all ditch and water rights pertaining to said ' 11, premises. including 13.2 shares of the capital stock of The Oligarchy Irrigating Ditch Company, 20.1 shares of the capital stock of The itf Oligarchy Extension Ditch Company, and 16 shares of the capital stock of The Lower Oligarchy Ditch Company; II I l ii :i ' i i: i(i also known as street and number i 1 it with all its appurtenances, and warrant(, the title to the same, subject to existing rights of ' (; way and easements. and subject to liens of any taxing districts and of the 1983 . general taxes. li Actual consideration less than $50.00. I 'l Signed this 32th day of December , 19 83. i ., ,.�.. 1�,� (16.r�.>C 42i ell , - lRic and E. Hama Ca lyn Scher, formerly:p /tf Carolyn /l ce Ham C �asyt ;titer II -.`.I , •,---/: 6.. J,,r J - •Il Katharine Fenton. formerly: •". -. I• STATE OF COU)HAIX) _ • 1I County of Boulder, `,-.,./ "1_,' . = V _ /. /•-•':_71_ - . i.l Katharine C. Hamm. The foregoing instrument was acknowledged before me thus 12th - . . ' day of December . 19 83, by Richard E. Hansa. .. �. ,1 �s ,I • ''� i •• • 27th, 1987. �i "-" -f•,• I = 14y Vommissfon expires July , _ 1 _ :, t,Vltness'my band'and official seal. •,. . 1 4...16.4• �C '; Hail flexure tax ngtices to: // / �'�� e €i ✓",v." j N..!ary Public if. JCK FARM,'flti: 401 Hain St.. Longmont. CO 80501. • • 12 39 Third Avenue ' Longmont, CO 80501. , il Ms. 111. Warranty Dr J—Sh ,1 Fm n.a..d►.H..ay •U••V. ue . ... I ...._e (''tn•u 'a,.•�.,+m •• B 1017 REC 01951548 12/29/83 16:54 $6.00 2/002 F 0116 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO State of Colorado, ) County of Weld, ) ss. The foregoing instrument was acknowledged before me this 27th day of December. 1983, by KATHARINE FENTON, formerly KAT ARINE C. HAMM. My commission expires December 1st, 1985. Witness my hand and official seal. _ 44sZ__1( Nota -Publicc. Address: 3700 West 10th Street Greeley, Colorado . . State of California, County of ) as. Plater The foregoing instrument was acknowledged before me this Attitilday of December, 1983 . by CAROLYN TUCHER, formerly CARUrL CE--sty__ _ - _ — __ _ _ My commission expires /4�r�,.sr .5 'c i 'W • SARA A E QNAL W � � •��'�`'. A E4�iJA.'dN Witness my hand and official seal. ; t�`..;y� hpfs"°` '�.°+�"'°""� fit ► Pr.+nw+o+ilor.,rs•o..County Ml Co+.M.ron L.p.w Am/ m ,w /SZ'ai•.' _ac e47.‘tf-a4f0-- vim,_ Notary Public. Address: %/9yeE a.I7 y. do? t • *11 \.$.4 C N4 C- C\ � ' a ik ' U ,y di. 2 • , k _ A x � r - 03 W "U . a I = - h w I-I C. _ .n _ - s f+ it 'O� z ; _ A. �r.� O +�f O' o ID iy w 6 3' • _ s' i . ►[-� v < w° - x - s o U. .ruy • �d�yt e o C A 4. y .- y w ao j iriM al go, f4 ,Z . -j ... ' .0 O ��iy.� H 0 000 w I r. I.C o Jo ,a — j A eQ p a -+1 O 0 0 C-3 - CL Q J • AR21Z8?57 tat B 1174 REC.' 02118757 .. 10%23/87 14:33: ti3.00' • -1/001, n F 0497 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Quit Claim Weal THIS DEED is a conveyance from the individual(s), corporation(s) or other entity(ies) named below as GRANTOR to the individual(s)or entity(ies) named below as GRANTEE of whatever interest the GRANTOR may have in the real property described below. The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with all its appurtenances. The specific terms of this deed are: Grantor: (Give name(s)and place(s)of residence:If the spouse of the owner-grantor is Joining In this Deed to release homestead rights, identify grantors as husband and wife,) JCK FARMS LIMITED, a Colorado Limited Partnership Grantee: (Give name(s)and address(es):statement of address,Including available roan or street number,is required.) RICHARD HAMM as to an undivided 25.5%, EMMA ALICE HAMM as to an undivided 5%, t,�s� KATHARINE H OLIVER as to an undivided 43.5%, and CAROLYN TUCHER as to an un- - 6f)`'5 divided 26%; of 1833 Frontier Road., Greeley, CO 80634 Form of Co-Ownership: (If there are two or more grantees named,they will be Considered to take as tenants in common unless the words"in joint tenancy"or words of the same meaning are added in the space below.) Property Description: (Include county and state) The Southeast Quarter (SE3 ) of Section Four (4), Township Two (2) North, Range Sixty-eight (68), West of the 6th P.M., Weld County, Colorado. a CD Property Address: n O . Reservations-Restrictions: (It the GRANTOR Intends to reserve any interest in the property or to convey less than he owns,or if E the GRANTOR is restricting the GRANTEE'S rights in the property,make appropriate Indication.) <A September 29, 3 Executed by the Grantor on , 19 - 87 O r Signature Clause for Corporation.Partnership or Association: Signature Clause for Individual(s): • JCK FARMS LIMITED, a Colorado Limited Partnership Name of Grantor: Corporate o,Partnership or Association '^ Grantor By "-Richard Hamm', General Partner Grantor t\\\if11t1rrrtrr,r ' tiest��G Grantor q ZSTE OF COL'OFPADO `ctCtN Y v� If* Boulder ) SS. � �a• k ; fainkate o 2Sensirument was acknowledged before me this 2 9th day of September .19 87 " r `eyy%,Ric lZ1,rcf Hamm, General Partner of JCK Farms Limited,a Colorado General Partnership. • ewk"Fritjarrleiland and 0tt+c+al seat � %.; ,, yrI a nedision expires: JuYy 2 4 , 19 8 8 lam/•'floury PW1iio STATE OF COUNTY OF ; ss, The foregoing instrument was acknowledged before me this day of ,19 By. (•nameindw+dual Grantor(s)or II Grantor is corporation,Partnershipor Association,then idenItly signers as prestdent or vice president and secretary or assistant secretary of corporation:or as partner(s)of partnership:or as authorized member(s)of association.) WITNESS my hand and official seal My commission expires: Notary Public a 1981 UPDATE LEGAL FORMS P,O.Box 1815-Greeley,Colorado 80632 (303)356-1199 NO. 203 (0)9. a B 1174 REC 02118758 10/23/87 14:33 X3.00' 1/001 AR23Z8758 tl F 0498 MARY .ANN FEtERSTEIN .CLERK & RECORDER WELD CO, CO - -) - Quit aai,itDeeit THIS DEED is a conveyance from the individual(s), corporation(s) or other entity(ies) named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE of whatever interest the GRANTOR may have in the real property described below, The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with all its appurtenances. The specific terms of this deed are: Grantor, (Give name(s)and ptace(s)of residence;if the spouse of the owner-grantor is joining in this Deed to release homestead rights, identify grantors as.husband and wile,) RICHARD HAMM.as to an undivided 25.5%, EMMA ALICE HAMM as to an undivided 5%, KATHARINE H. OLIVER as to an undivided 43.5%, and CAROLYN TITCHER as to an un- divided 26% Grantee: (Give name(s)and address(es);statement of address,including available road or street number,is required.) JCK GRAVEL, INC., a Colorado Corporation, d 1833 Frontier Road - Greeley, CO 80634 tl),. Form of Co-Ownership: (If there are two or more grantees named,they will be considered to take as tenants in common unless the words"In joint tenancy"or words of the same meaning are added In the space below.) Property Description: (Include county and state) The Southeast Quarter (SE%) of Section Four (4), Township Two (2) North, Range Sixty-eight (68), West of the 6th P.M., Weld County, Colorado. a Property Address: C. Reservations-Restrictions: (If the GRANTOR Intends to reserve any Interest In the property or to convey less than he owns,or if the GRANTOR Is restricting the GRANTEE'S rights in the property,make appropriate Indication.) +-154 dt(J 87 3 Executed by the Grantor on . tg Signature Clause for Corporation,Partnership or Association: Signal CI se for Indivtduat(s): Name of Grantor. Corporation,Partnership or Association i chard Hamm) Grantor By (Emma lice Hamm) (/ Grantor el Attest 1a tharine H. Oliver) Grantor GOUNT ©F -- AOGt L n E2 ss• Carolyn ucher) Grantor 7he^`O g n9 tn5VurYtenl was acknowledged before me this /y4" day of �� t9 87 • 'ay. (�p itsrtb, ,Ema Alice Hamm and-Katharine„H.�ESS•tirlland and'olSicrai seal. PArcommisslon,expires: • w /4O / � " ue t� ''3a/ STATE or<sou rORNIA COUNTY OF Santa Clara ss. The foregoing instrument was acknowledged before me this 8th day of October .19 87 • By' Carolyn Tucher. name individual Grantorcal or if Grantor sCorporatton.Partnership rAs d i lily signers as president orviCe president ane secrelary or assistant secretary of corporation,or as �ot�rril tujfp i ne s)of association WITNESS my hand and official seal. —�tl �r+itvvY MAY BAH ti � My commission expires: �i/t ( o %µ "'} NOTARY FUELlC-CALI IJ i _l a�.:,�' S,kWA CLAM COUNTY I Notary Public c 1981 UPDATE LEGAL FORMS P.O.Box 1815-Greeley,Colorado 80632 (303)356-1199 NO. 203 B 1280 REC 02231154 10/25/90 16:33 20.00 1/004 AR2231154 F 1138 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO MINERAL.DEED This Mineral Deed is made this day of October, 1990 between JCK Gravel, Inc., a Colorado corporation ("Seller") and Frontier Sand & Gravel, Inc., a Colorado corporation ("Purchaser"). For and in consideration of the promise to pay the sums set forth in the Mining Agreement executed concurrently herewith, 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 mid under and that may be produced from the following described land situated in Weld County, Colorado to wit: See Exhibit "A" attached hereto (the land in said legal description being hereinafter referred to as "the Property") together with all precious metals contained with said sand and gravel mused 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 mid 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 if.s operations, Purchaser shall have the right use all roadways presently existing on the Properly 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. Purchaser may use materials from the Properly for on-site road construction and maintenance and shall not be required to pay Seller for materials so used. Purchaser shall have and 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 appurtenfunces, canto the Purchaser, its successors and assigns. The Seller for itself, its successors and assigns, does covenant, grant, bargain, and agree to and with the Purchaser, its successors and assigns, that at the time of the ensealinng and delivery of these presents, it is well seized of the Property, the sand and gravel, f.he 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 B 1280 REC 02231154 10/25/90 16: 33 X20.00 2/004 F 1139 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances, and restrictions of whatsoever kind or nature. Seller shall and will WARRANT AND FOREVER DEFEND the above bargained sand and gravel, precious metals contained therein, rights of ingress and egress, and the additional rights in the quiet and peaceable possession of the Purchaser, its successors and assigns, subject to recorded and/or apparent easements, restrictions, covenants, leases and tenants 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, against all and every person or persons lawfully claiming or to claim the whole or any part thereof. 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 compensate 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. This Mineral Deed is subject to the terms and conditions of the Mining Agreement executed concurrently herewith. This Mineral Deed and the Mining Agreement executed concurrently herewith supersede the Mineral Deed and Mining Agreement dated April 6, 1987, by and between JCK Gravel, Inc. and Frontier Sand and Gravel, Inc., and said Mineral Deed and Mining Agreement dated April 6, 187, is null taut void. However, the fifteen (15) year periods set forth herein shall run from April 6, 1987. This Mineral Deed shall inure to the benefit of, and be binding upon, the parties, and their respective legal representatives, successors, and assigns. PURCHASER: FRONTIER SAND & GRAVEL, INC. By: i kA4 ge Rs SELLER: JCK GRAVEL, INC. BY: sZ1`-c4i*-4,.c a _,- /- (alt-0-8- . - Pr stdenf - 2 - , B 1280 REC 02231154 10/25/90 16:33 X20. 00 3/004 • F 1140 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO STATE OF COLORADO ) 1 ss. COUNTY OF (�?,vi ) The foregoing instrument was, acl jowledged before me t�iis 1 I,' day """ "7 , , 1990, by k 6. l.)YYia mnlbo 7S rice-at�C. 7' of •:".. / -iei. c Gravel, Inc., a Colorado corporation, on behalf of the corporation. 73•. tfen*siyhiand and official seal. �,' i°Li s&m:ngistion expires: 7-.3o-9(/ �!9 cLop ` Not Public Business Address: 3C00 O 0 AA)(.1 5-1 go 51( STATE OF COLORADO ) ) ss. COUNTY OF I,i) T e foregoing instrument wg aclanowl+,ged before me this 1 '- day of U��-s-�.e�. , 1990, by ((l9 ,kL Q ()fufrfc, as of ,1C1cGra:ve,l;Inc., on behalf of the corporation. 0 ��4rP 9TWitI esrs iiy hand and official seal. `, j 0-e!4 -cosinmitssion expires: /7-?0-q�{ "+,+rlr,,,rrl„`•'' Notary ublic Business Address: 3(o(o gift.oLij a ,� &OS1c Z3929001-1.025 CCU/vie-10/08/90 - 3 - B 1280 REC 02231154 10/25/90 16:33 20.00 4/004 F 1141 MARX ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT A LEGAL DESCRIPTION The SE-1/4 of Section 4, T2N, R68W and the SW-1/4 lying east of County Road #5-1/2 in Section 4, T2N, R68W, all in Weld County, State of Colorado. AR2264411 B 1312 REC 02264411 09/26/91 16:13 $5.00 1/001 F 0923 MARY ANN FEIIF.RSTEIN CLERK & RECORDER WELD CO, CO QUIT CLAIM DEED JCK FARM, LTD, also known as JCK FARMS, LTD, a Colorado Limited Partnership, for ten dollars ($10.00) and other good and valuable consideration, in hand paid, hereby sells and quit claims to JCK GRAVEL, Inc. , a Colorado corporation, the following real property: The Southeast Quarter (SE 1/4) of Section Four (4) , Township Two (2) North, Range Sixty-eight (68) West of the 6th P.M. , County of Weld, State of Colorado with all its appurtenances. This deed is being recorded to correct the Grantor's name in that Quit Claim Deed recorded October 23, 1987, in Book 1174 as Reception No. 02118757. Signed this 24th day of September, 1991. JCK FARM, LTD, also known as JCK FARMS, TD. By - t, �i Katharine Hamm Oliver Its General Partner STATE OF COLORADO ) ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me on September 24th. 1991, by Katharine Hamm Oliver, general partner of JCK Farm, Ltd, also known as JCK Farms, Ltd. . Witness my hand and official seal. " Icy commission expires June 9, 1994. ,ter : . ^ . Notary Public • 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 JCK Gravel, Inc. Phone970/339-9404 Address4250 W. 16th Street, #46 CityGreeley State CO Zip 80634 2. Address or location of access Weld County Road #7 Section 4 Township 2 North Range 63 West Subdivision Block Lot Weld County Road# 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: X Q ,.,._. 5 .! X I" � / , 0 ac.l , )c — -N c, 1 Plant Area y c ` —'l5''x (p0' Bu.n�.7i :, {�i l� i.;.6 ✓i,,, f,. '7 J 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 96^3.10 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Subject: JCK Gravel, Inc. -Request for Recorded Exemption THE UNDERSIGNED, states that to the best of his/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 owners or property (the surface estate) within 500 feet of the property being considered. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company, or an attorney. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. • Western Mobil , Inc. ohn F. Hickman Manager of Land&Resources Date • 9 62340 August 20,1996 Request for Recorded Exemption NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET ADDRESS,CITY/TOWN, ASSESSOR'S PARCEL NAME STATE AND ZIP CODE IDENTIFICATION# 1) JCK Gravel Inc. % 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) Robert L. &. 14930 North Colorado Blvd. 1313-04000048 Ionee E. Green Brighton,CO 80601 1313-04000049 4) George C. Adam,Jr. 11684 Weld County Road 51/2 1313-04000046 Longmont, CO 80501 5) George C.Adam,Jr. 11684 Weld County Road 51, 1313-04000047 Longmont, CO 80501 6) Thomas W.&Sheryl 11690 Weld County Road 51/2 1313-04000045 Ann Adam Longmont, CO 80501 7) Gerald,Joan I,Kathleen E, 11994 Weld County Road 7 1313-03000049 &Sheryl Lynn Olander Longmont, CO 80504 1313-03000050 Bacon 8) Nick N.Bacria . 11488 Weld County Road 7 1313-03000009 Longmont, CO 80501 9) Ricky L.Hiatt 3939 Highway 119 1313-03000045 Longmont, CO 80501 10) The Rademacher Family 3525 Highway 119 1313-03000046 Partnership,Ltd. Longmont, CO 80504 11) Randall S.&Alicia Lofquist 2125 Ridgeview Way 1313-03000010 Longmont, CO 80501 962340 Page two NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET 12) Issauro&Helen Chavez 3101 Highway 119 1313-03000011 Longmont,CO 80501 13) Rosie Heaton 2702 Highway 119 1313-09000068 Longmont, CO 80501 14) Boulder Creek Estates,Llc.. 3715 Brighton Blvd. 1313-09000002 Denver, CO 80216 15) Jack E. &Marjorie J. 1482 Leisure World 1313-10000087 Edson Mesa,AZ 85206 16) Ernest L.Peterson 12963 Hillcrest Drive 1313-09000001 Longmont, CO 80501 962340 1313-04000049 l- 13131313-04000046 1313-0.3000049 04000045 1313-04000048 1313-04000047 1313-03000050 i N - 1 1313-' 'iu19 . II 1 1 1 R J I 1 1313-003000046 1313-04000042 / 1313-04000041 2 ti I n OQo I o ti moo' / 0 1313-03000011 / I 1313-030 010 I HWY 119 1313-09000001 1313-10000087 1313-09000068 1313-0900..67 1313-09000002 1313-10000088 1313-09000069 1313-10000078 1313-090000 0 HAMM PIT - NOT TO SCALE 962340 MADRID. CERTIFICATI OF INSURANCE '. nISSUE DATE(MM/DD/YY) II 9-JUL-1995 PRODUCER 30218 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Willis 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 POLICIES BELOW. Hunt Valley MD 21030 (410) 527-1200 COMPANIES AFFORDING COVERAGE COMPANY National Union Fire Insurance Co of LETTER Contact : Kimberly S. Suarez—Murias A Pittsburgh PA COMPANY INSURED LETTER B Western Mobile Inc. and its subsidiaries COMPANY LETTER C Western Mobile/Boulder Attn: Cheryl Van Duser COMPANY LETTER D P. O. Box 18570 Boulder CO 80308 COMPANY LETTER E COVERAGES • . - • . - -. • . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(Iv9.1/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 X I COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $ 2,000,000 i I CLAIMS MADE X OCCUR. PERSONAL & ADV. INJURY I$ 1,000,000 A X ! OWNER'S & CONTRACTOR'S PROT. RMGL1212727 15-JUL-1995 15-JUL-1996 EACH OCCURRENCE I$ 1,000,000 I FIRE DAMAGE (Any one fire) I$ 1,000,000 MED. EXPENSE(Any one person)lII$ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO ALL OWNED AUTOS BODILY INJURY $ __J SCHEDULED AUTOS (Per person) A X HIRED AUTOS RMCA1351224 15-JUL-1995 15-JUL-1996 BODILY INJURY $ X I NON-OWNED AUTOS (Per accident) II GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION X I STATUTORY LIMITS 1 A RMWC0171732 15-JUL-1995 15-JUL-1996 EACH ACCIDENT $ 1,000,000 AND DISEASE-POLICY LIMIT $ 1,000,000 EMPLOYERS'LIABILITY DISEASE-EACH EMPLOYEE '$ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESISPECIAL ITEMS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPOWI iE COMPANY,ITS AGENTS OR REPRESENTATIVES. ,+ r i A _ .AUTHORIZED REPRESENTATIVE •r.").,.:" ' �/ /f r ACORD 25 4(7190) - - t, 962340 :;' �fAC RQ'CQ PORlV'CION 1390 962340 ,Z O o C \ \ \ �\ < CO P « §/ @ z � .w - 2 § / CD§ . , z k G A �, . Y < /5 \ { \ j { E i - ' * 2( ^ / > j c \ / 0 I � '. & K�� / 0 - \ \\ 2 o %..i 9 « ,& _m , � - ~ '� \,,..,� �\\ / ,= = O6 cm /\ • \ �/f \n1 d .%� q t" � ® �3 >- / \ ,\I •k\\ . J� . : } La I OwW CO § , � ' ei§ N 0 \ \i } �} \ / _ Ui o LI1 o I @ 2 . < u' ...• .e; 0 _ m ciril D a- � O� / r rfl = / 0 i / « , J S / % Q _ / /I a. Pi e = o m / =, 7 C kQ2 • % \1Q C % \ 0 ri. / / / > < � �; u / - >- » 2 . « u % q � S | • -I Z \ \« o t..7Z -I > "- � « R Z � Zcsh.1 tee � ? < -J « c < � ' I � � _ ± � � � V) / /' = � O R 3 � � 3 � ~ \i f Z LU - ' !_ o / Cu u wE • Q u / / OI- II � | c CL O 962340 iz / 0c ''0 m ?§ X12 r ' -en fll z§ + I/ § A * Ck -- _ ,� § \� t �\ \ - -- . \ CO * /_ \ \ : t % : 'fit w / | / # z\ < = c * . 2 �\ :0 0 - 0 - / ,\ •%` '` / ;E w_ : 2 ; \\� /\ �;_ Q V co &* `\ � i0I • • \ gV y 0 \� <m :~\ ,,. . �2a . z2 / �i gig /x . Z o ±<� \\ CO CO _ _ 2 . I k&} S 7 Cr) §$g 111 - @U)o r ru C.) ;\� / 5)) Ul \ 2! It- I 0� P. � I � � , < . ..O../. = k \, . J _ I 0 0 Q en ID , g < 0 f ru \ I L \ 0 1.4 2 II II ; Z « 1-1.1 - \ 01 - \ . _ . 0 � 2 — 0 ••, u Ui §' » 1.11 /� / o \ 0I < o -- ; � � � J 0 0 2 _ J � � 2 u u2Q �/ \ $ -1 ? $ « � : Q# o = Q « no' t.e1 C\JW Xo I _ U = & 0; = 2 0 >. ~ \i f E Z Q t _ 0 l... 1.1.1 Q = uU CZ 7.7. fW ® , 00 « 0 L • _ 962340 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 (1 S4•c) Receipt Number CX7O �— 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 requ before the Weld County Planning Commission concerning a proposed Gravel ravel 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, TN, R68W of the 6uPM PARCEL NUMBER: 1 3 1 3 0 4 0 0 0 0 4 1 (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 4250 W 16th St. , #46 JCK reeley, CO 80604 Name: Gravel, Inc.. Address: Phone: 970-339-9404 Name: Address: Phone: 3. Owner(s) of mineral rights or substance to be mined Name: JCK Gravel, Inc. Address. see above Phone: Name: Address: Phone: 4. Source of applicant's legal right to enter and to mine on the land described: Free ownership - see request for recorded exemption (Include certified copy of any document(s) noted 5. Applicant's address: same as owner Phone: Address: Phone: 6. 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 ill ��,}# 2-Seasonal B p ►titr►0 �itiployees:Asphalte - 4 and number of shifts: 2-Seasonal Weld C� AuG 3 0 1996 11 - RECEIVED 962340 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 D. Thickness of mineral deposit: 12 to 15 feet, and thickness of the overburden: three to four E. This will be a wet ds 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 B. Source of 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 plans submitted with or contained within this application are true and correct to the best of my knowledge. JCK Gravel, Inc, rGfl �r'�i�(Q i/W • l/� .C ei-e/C� ignature: Owner/Authorized Agent 12 962340 Use By Special Review Request JCK Gravel, Inc. 23.01 Acres Lot A 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. 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:U.ANDFILE\19961BOULDER\HAMM\USRI.SAM 962340 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\1996\BOULDER\HAMM\USR1.SAM 962340 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:\LANDFILE\1996\BOULDER\HAMM\US R 1.S AM 962340 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\1996\BOULDER\HAMM\USR1.SAM 962340 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Subject: JCK Gravel, Inc. -Request for USR THE UNDERSIGNED, states that to the best of his/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 owners or property (the surface estate) within 500 feet of the property being considered. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company, or an attorney. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. We ern Mobi , Inc. J hn F. Hickman anager of Land&Resources e- olc, -9 Date C:\AMIPRO\DOCS\HICICMANUCKGRUSR.SAM 962340 August 20,1996 Lot A- 23.01 Acres NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET ADDRESS,CTITITOWN, ASSESSOR'S PARCEL NAME STATE AND ZIP CODE IDENTIFICATION# 1) JCK Gravel Inc. % Katharine Hamm Oliver 1313-04000041 4250 W 16th#46 Greeley,CO 80634 2) Randall S.&Alicia Lofquist 2125 Ridgeview Way 1313-03000010 Longmont,CO 80501 3) 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 962340 IJ13-01000014 1313-03000046 /rte_ 1313-03000049 - \ ` 1310-04000046 \ 1313-04000037 \N., _�� 1313-03000050--\ I N II 1313-09000068 ,/ /' / 1313-01000011 /7 ' / / //' 1313-�+11111 i'C./• 1313-0 111110 064Y 119 X113-aa0onols -----., 1315-09000001 I 313-38000013 1313-10000087 1313-08000017 I 1313-09000068 1 1313-0.11 167 I I I 317-08006044 , I ,H -1-- 1313-09000002 I- 1313-10000089 I �_- • 1713-09000069 1313-10000079 313-00000031 8 1313-08000032 ,315-090000 1313-09000001 1313-10000038 1513-00000030 _-----_------- 1313-09000035 1313-09OOOO?I 1313-06000018 1313-09000004 1515-08000017 I -__---- - - ` HAMM PIT NOT TO SCALE (approx 1'=1240') 962340 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\LANDFILEU996\BOULDER\HAMMUSRMRI SAM 962340 ,l- C; a I `r = O• •O 0 CS)IL i s 0 u- In • h m n a IP ¢ co i- 'n O- - .1' .4- w z t_{1 m t-) • l f '� -Q . -0 z Q # ¢O U I * >w , W W � I * O LL •Z o I # z a \. \� ` V ; cl = G b I * , n. . oo O 0 ��L' J \\.,,, I - •U rn `-*�ti \ E.7-. --I _- . H O C' O 2 • • r ' :n Ln 2 Z O „�� J� °�,„ \. .1 N r Yar) Z- ,C mar �'� - iLn 2 Ca azz -- O a CI) CI ui C43U.1 QT W O U r1! H U -.1 v LJi J Z O o>- in a I .. Ln c C.) V- _. C.' Q - L1.1J I-' 0 rn • .r Q IT 4 Z .-.4N ii. hd 0 1 z ,7 O C ,- Z O .a - I -.1 \C I-- R = ru a U. ti i `.. 1.04 Z. 0 O - c : U v _ a o -� LU x a l x r- z La El = 0 LU W0 O } I s I- = = c 0 u a z >. i < u z I- 1 { s.. z N .Ly - :z co J ...J > 1- G i... J s-1 < N Z :, > OJ C+ N 4 J G W < ti U < %• FO 3c? r1S� = N O .p U = > C' w CC 0LULU --i rn � 0Z �" OFCL ° - T � 0 962340 • T • " Cl3 K m N i=co rl a ;Sl ¢ .r4 z u_ �, w 0 ZI m 2LL ZI z 117 of * oQ cc) a' * >¢ FI--I L 4-'1 I G LL ,• Q ZI ^ U .} . , , z4 A NI ❑ 'OI n O l `aN�y '.-• ^''ZI ml� r,' =I '� o1N I 2I rt 1 N CV / Z �'` 4 N `^ • c Z O: 4-I �� Cli W M 4} C.) Z' H ! 0-4 ru T Z O a� '-_^ U O I i- chi v' •-, 0._ 4 Ln ui ▪ F; •%,.. M ....J,‹: j � `, l • co w - IT - n o cn O u• c rn :1J ,O O „it ; w ru V o O V ! 11 v ■■ I,:r.-..- O J•�, x O O X .Z=` O J.Fe; O n :1.i LU Lrl 0I Li 1-4 J > J'• U') QC I-' o a Lrl z C .., C. Q O "'ui u z Lu J. J> ,_ w _J I-4 Q N !.0 Co I.14 n ", N .IOU.74 Al w{ I BCD Sri n = ;., c..)' u I— O L 2 >i a =w U t- ? Li- w ,,,CC ¢ U _ W W ML11O > Y'4.:OZ O� = pO r o a 962346 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 1217 ,C±')Receipt Number j Case Number Recording Fee 3 =C Receipt Number Oo, 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 a proposed Gravel ravel 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 4,1..1N. , R 68W of the 6th PM yA PARCEL NUMBER: 1 3 1 3 0 4 0 0 0 0 4 1 (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 4250 W. 16th St. ,#46 Name: JCK Gravel, Inc. GAdddress: CO 80631 Phone. 970-339-9404 Name: Katharine Hamm Oliver Address:same as above. Phone: 3. Owner(s) of mineral rights or substance to be mined Name: JCK Gravel, Inc. Address: see above Phone: Name: Address: Phone: 4. Source of applicant's legal right to enter and to mine on the land described: Fee Ownership - See request for recorded exemption (Include certified copy of any document(s) noted 5. Applicant's address: same as owners Phone: • Address: Phone: 6. 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 Concrete - 7 2-Seasonal B. Mali re ti Oellphalt - 7 , and number of shifts:2-Seasonal • Malin 11 AUG 3 0 1996 :#. I E 962349 H_ 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 wet@ 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 B. Source of 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 plans submitted with or contained within this application are true and correct to the best of my knowledge. JCK Gravel, Inc,a �a4 i Al 6? .�r}-e ' O iz/ or ent 7gnature: Katharine Hamm Oliver 12 962340 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:ILANDFILE\1996\BOULDER\HAMM\USR2.SAM 962340 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\1996\BOULDER\HAMM\USR2.SAM 962340 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:\LANDFILE\1996\BOULDER\HAMM\USR2.SAM .. 962340 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:\LANDFILE\1996\BOULDER\HAMM\USR2.SAM 962340 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Subject: Katharien Hamm Oliver& JCK Gravel, Inc. -Request for USR THE UNDERSIGNED, states that to the best of his/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 owners or property (the surface estate) within 500 feet of the property being considered. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company, or an attorney. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. Western Mobile, Inc. / c(4e1--- --- John F. Hickman Manager of Land&Resources Date C:\AMIPRO\DOCS\HICKMAN'KHORUSR.SAM 962340 August 20,1996 Lot B- 186.99 Acres NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET ADDRESS,CITY/TOWN, ASSESSOR'S PARCEL NAME STATE AND ZIP CODE IDENTIFICATION# 1) JCK Gravel Inc. % Katharine Hanun Oliver 1313-04000041 4250 W 16th#46 Greeley, CO 80634 2) Katharine Hamm Oliver 4250 W 16th#46 1313-04000042 Greeley, CO 80634 3) Robert L. &. 14930 North Colorado Blvd. 1313-04000048 Ionee E. Green Bnghton, CO 80601 1313-04000049 4) George C. Adam,Jr. 11684 Weld County Road 51/2 1313-04000046 Longmont, CO 80501 5) George C. Adam,Jr. 11684 Weld County Road 51/2 1313-04000047 Longmont, CO 80501 6) Thomas W. &Sheryl 11690 Weld County Road 51/2 1313-04000045 Arm Adam Longmont, CO 80501 7) Gerald, Joan I.Kathleen E, 11994 Weld County Road 7 1313-03000049 &Sheryl Lynn Olander Longmont, CO 80504 1313-03000050 Bacon 8) Nick N. Bacria . 11488 Weld County Road 7 1313-03000009 Longmont, CO 80501 9) Ricky L.Hiatt 3939 Highway 119 1313-03000045 Longmont, CO 80501 10) The Rademacher Family 3525 Highway 119 1313-03000046 Partnership,Ltd. Longmont, CO 80504 11) Randall S. &Alicia Lofquist 2125 Ridgeview Way 1313-03000010 Longmont, CO 80501 962340 Page two Lot B-186.99 Acres NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET 12) Issauro&Helen Chavez 3101 Highway 119 1313-03000011 Longmont,CO 80501 13) Rosie Heaton 2702 Highway 119 1313-09000068 Longmont, CO 80501 14) Boulder Creek Estates, Llc.. 3715 Brighton Blvd. 1313-09000002 Denver, CO 80216 15) Jack E. &Marjorie J. 1482 Leisure World 1313-10000087 Edson Mesa, AZ 85206 16) Ernest L.Peterson 12963 Hillcrest Drive 1313-09000001 Longmont, CO 80501 962340 'I '313-I'4000049 1313-04000046 % 13O-03000049 \L I.31.3-04000048 1313-04000047 ,... 1313-03000050 - r 7�^ I TV II I I 1313-09000068 �' 1313-04000041 i / 1313-03000011 1 r ! HO 119 3,3-030000,0 I l y11-08000055 ' -..-1 I 1313-09000001 / I I 1313-08000043 I 1313-10000067 1313-08000042 I _ - I ! 1!13-09000058 I 113IS-09000067 I 1313-08000044 ' I ` ---1 --1 1313-10000088 -______I 1311-09000001 I I I I 1313-09000069 1313-10000078 I I. It 1 1113-08000051 i 8 1313-08000032 t31J-0�I000 1 I I , 1 I I 1313-09000003 3 i 1313-10000038 1313-080000`0 I _____------ 1313-090000!5 1113-09000071 1313-01000018 1313-09000004 1313-08000017 I ------- 1 -- I HAMM PIT NOT TO SCALE (approx 1'=1240') 962340 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\LANDFILE I9961BOULDER\HAMMUSRMR2 SAM 962340 I- ..-• •z 0 0 i .17 0 it V) I (n LL O O Lf1 ; =e Li•, a . cn w !— 1I C GO iii z z LO ;2 * CO <* >m , , 41 \ I z. C C , 1 * jz< , C *' I - W; D t ir•IIff i 1 r\ _-J- - r-,Z G c ecl,_ i - ..- ct� I<i Lr.• 47 L tri ! ` ' Ifn M t IU) '`r N C 1 0 ^ ! Y<n IO ZL^ L0iC3 m≤> S I , J Wu: t, nu ;p C I LL c r *� I Z I O U L- % C: Ln Ill 0 LL 0, z .• L.i i_LoQ� r'T7 C ` > CD .r 2 ' — z *4 Q. Z 1 O LL - ri 0 -1, >" z c r, ti= I•- a � U, G4 0 0 'C ' .r i `* OO - = C., LU L, a' 0 a c4 s--- z _r J E F~-- z W > L�1 CI) tj< LiiI- - C Q LB Z I n Q ),.. :z '•a J Z C Z N S , a I J a _ J Q. 9-4 W J �- LLI JZ .1' -a c J I"'4Q N Z COU z i I Sri (V < JQLL < i C- o .!w .TXu9 rV W M(c) CO 0 .i L,.0 z 0UJ w ,� w LI 9623 woz > ° � cc0 40 -Q 3T 0 Q�. 0 I D • • CI C N= Ul < C ( rt. C Z j 11, .2I �F -tZ< . J Z C ''^ G Y jI >C ` , L 0 _u. r C Z C C, , 0 i *! �< h D • O t �! O p , .^ 0 - I-. , '"IZ( C C ! °= • i-• C o� 10 w "• "I _ 0 h Nrrl _ - 0 Y 5 K IC ZLc" Z CC <Z �- -- Ids ' C WU)C L. ry Z r. U c c tr, 1.11 p L> .0 c ICI u-I V- •0 •_■ O' \ J C i- Q' rri y . ,i< O r -7 c-C CD LJ rr IT .J G C M O ., [J c.C ..•I:. C., try r u 6. \ i 1 C_ 0 CP u'1 to I O ►-+ \ I u! .:i H p Mt I V. J CL CC C 0 Z ru v E C O W W in J ? >- co W W U Q Lrl 4- C c0 Z CI < J >.. _ ..a I- Z Q D- I' s L) --I ~ Z = ..4 _ • p, a G >- tL'uw u Z .;1 J -.> r �_ _ .4-. M < N lLI CCU.' = CO N CC W 0 is <cv co n U X co C H 2 .-4 LO `r O , co U Y z co E— W ,UJ> CC .., w w CD WO 0 W O 0 962340 O e_ 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 1' 'DO Receipt Number d Case Number Recording Fee �.� Receipt Number 7 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 a proposed Gravel (gravel, coal, borrow pit, etc.) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION: 1SI.s Acres: NW*, SW* NW*, 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 obtained at the Assessor's Office) 2. Surface owner(s) of area of land described 3715 Brighton Blvd. Denver, CO 80216 Name: Boulder Creek Estates LLC Address. Phone. 3°3'295-2943 Name: Address: Phone: 3. Owner(s) of mineral rights or substance to be mined Gravel & Oil & Gas Name. Boulder Creek Estates Address: Phone. Name: _ _ _ LAddress 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: Phone: Address: Phone: 6. Identify any prior permits for mining held by applicant or 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. u Pmuming nu �} Weld 0o number of employees: 4 2-Seasonal and number of shifts: • AUG 3 0 1996 11 ECEIV 962340 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: 12-15 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 B. 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 revegetated. 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. Boulder Creek Es6a es LLC i�/" 9 0 Signat rr Ter/Authorized Agent Li 12 962340 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 gravel 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#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 gravel 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:\LANDFILE11996\BOULDER HAMMUSR3.SAM 962340 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. 11. 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:\LANDFIL.E\1996\BOULDER\HAMMUSR3.SAM 962340 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 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 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:\LANDFILE\1996\BOULDER\HAMMUSR3.SAM 962340 AFFIDAVIT OF INTEREST OWNERS MINERALS AND SUBSURFACE ESTATE Subject Boulder Creek Estates LLC Request for USR THE UNDERSIGNED, 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 owners or property (the surface estate)within 500 feet of the property being considered. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company, or an attorney The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date Boulder Creek E es LLC ature/ (- -- X26 --T4 Date • • - 962340 August 20,1996 BCE- 154.5 Acres NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET ADDRESS,CITY/TOWN, ASSESSOR'S PARCEL NAME STATE AND ZIP CODE IDENTIFICATION# 1) JCK Gravel Inc. % 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 1313-08000031 Longmont,CO 80501 5) Horizon Investments LLC C/O Lyle Dehning 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 Longmont, CO 80501 10) Hodges,Edward E. &s 10759 Weld Cnty Road 7 1313-09000067 Eleanore J.Trust PO Box 6614 Longmont, CO 80501 11) Rosie Heaton 2702 Highway 119 1313-09000068 .Longmont,CO 80501 Denver,CO 80216 962340 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 80501 15) Jack E. &Marjorie J. 1482 Leisure World 1313-10000087 Edson Mesa,AZ 85206 16) Larson,Dorothy E. Weld Cnty Road 7 1313-10000078 Longmont, CO 80504 962340 1313-04000049 1313-04000046 1313-03000049 1313-04000048 1313-04000047 1113-03000050 A 1313-09000068 1313-04000041 • / 1313-03000011 '�• 1313-03000010 1313-08000035 �• MY/i 119 1313-09000001/ 1313-08000043 1313-10000087 1313-08000042 1313-09000088 ISIS-09000067 313-08000044 1313-09000002 1313-10000088 1313-09000069 1313-10000078 131.3-08000031 8 l3l3030 - 1313-09000017 "3 1313-09000003 1313-10000038 ISU-080000!0 1313-09000035 1313-09 OOO0 71 IS13-08000018 II . 1313-08000017 HAMM PIT NOT TO SCALE (approx 1'-1240') 962340 .' +• •• •a .., r .rjL)i LL/DLL,& 003t6$?+4339''# 3 B REC AR20420L8 F .0' ^ . MARYoANNZ018 FEUEFSTEIN x/005 02/06/86 1 : 35 I&3 Op RECO .RDER WELD $15 CO, CO AGREEMENT REGARDING SAND AND GRAVEL MINING AND AUGMENTATION PLAN PERTAINING THERETO • THIS AGREEMENT is made this /O -day of ETA,./. , 1980, between . ST. VRAIN, LTD. , a limited partnership, hereinafter termed ST. VRAIN , and THE WATER USERS ASSOCIATION OF DISTRICT NO. 6, a Colorado nonprofit corporation, herein- after termed WATER USERS; WITNESSETH: . WHEREAS , ST. VRAIN 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 Board 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; B. 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 • 962340 ------.- • 4 • ft .a 1 .1tr mvA I L.t/tSLDR 303+657+4332;# 4 B 1102 REC 02042018 02/06/86 11 : 35 $15. 00 2/005 F 0412 MARY ANN FEUERSTEIN CLERK & RECORDER 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. D. 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 and reason- able expenses incurred in connection with its review of the Mining and Reclamation Plan and the preparation of this Agreement, which the parties agree is $500.00. F. ST. VRAIN, for itself, its successors and assigns , 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 common 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 headgates, 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- 962340 O B 1102 REC 0 12018 02/06/86 11 : 35 15 . 00 4/005 F 0414 MARY J FEUERSTEIN CLERK & RECORDER 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 P rtnership • Genera Partner THE WATER USERS ASSOCIATION OF DISTRICT NO. 6, a yyColorado nonprofit corporation �'ByC (/( Pt. ATTEST: ni STATE OF COLORADO ss . COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this / _day of 1980, by cl �•/ 11se-� , `�fl R,.i:..rx.�a�� . , and by . as Secretary of the Water Users Association of Di strl,cb••No•:••-. 6, a Colorado nonprofit corporation. Witness my hand and official seal.:�� oU�►rn �� •., toy cam omi ss i on expires !,ocomraa•no..•ns • ••' r �,s Fwtcutry 7 .t ss �0 Notary Public i STATE OF COLORADO ) • •.• S-..,�n� ) ss. .S-• .. _ ••6 COUNTY OF Y .Y .} The foregoing instrument-wag itknowleldg d before me this /d day of ,1980, -Lc.:r - • i�era1 Partner of St_ Vrain. Ltd. . a Limited Par rrers ip. Witness .r�y"har► , and official seal . My commission expires : 8 i • 962340 .Ju�tOJ, Ned,:3 :xc 6 H 1102 REC 0 2018 02/06/86 11 : 35 � 00 5/005 F 0415 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT A TO SAND AND GRAVEL MINING AND AUGMENTATION PLAN PERTAINING THERETO ST. VRAIN, LTD. . a Limited Partnership ana 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 • • 962340 - . .. . ,,.....,.Lm,, ,avn l t_.c✓6Luk— 303t6,0+4339:# 7 8 1102 REC 042018 02/06/86 11 : 35 $1500 F 0413 MARX __NM FEUERSTEIN CLERK & RECORDER.WELD CO/000 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 NO. 6, • a Colorado nonprofit corporation, and are subject to the terms of that Agreement. Said Agreement is recorded in the office of the Clerk and Recorder of Weld County and affects land in Section 9, Township 2 North, Range 68 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 Agreement 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 membership 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 -3- . 962340 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, c/o 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. L\LANDFILE\1996\BOULDER\HAMMUSRMR3 SAM 962340 Hello