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Home My WebLink About982160.tiff AUG-19-98 14: 54 FROM:BITUMINOUS ROADWAYS ID. 303980002E PAGE 2/5 AUG-14-SU e7.+� r.wn.o. ...•-•.• -- --- CAMAS Colorado,Inc. Support Sara Group 3403 Saud.Teller Soya Leawood Colorado NPer Telephone(703)9110-2424 h4Yfie(303)Sea August 12, 1998 Mr. Carl B. Mount,Senior Environmental Protection Specialist *daft Division of-Minerals and Geology 1313 Sherman Street, Room 215 CAMAS Denver, CD 80203 Re: Distel Farm Resource.Permit No. M-89-029.AM-002(Bigelow Amendment) Dear Mr. Mount: As previously discussed with your department, the City of Longmont (Longmont) has a leasehold interest with an option to putties.the pcetiol of the sandstone Ranch south of St. Vrain Creek from the Andrea Pierce Bigelow Living Trust (Bigelow). This includes the assignment to Longmont of the send and gravel lease that axis between CAMAS Colorado,Inc. (CAMAS)and Bigelow. Louvered was also quitclaimed all of Bigelow?'interest is the Coffin Davis Ditch associated with the peepaaty. To that cod Longmont requests that the Division of Minerals and Geology note for its records this ownership its by Longmont and continue to copy Longmont on any correspondence,refaaals,and decisions relating to the above referenced permit Additionally,CAMAS and Loagttont have agreed to work together on a mining and reclamation plan that reflects the cad-uses dented by Longmont While this cooperative effort may require an additional six months to complete,CAMAS and Longmont have reached an initial agreement that allows CAMAS to proceed only with Phase I of the mining and reclamation ation plan. Longmont has agreed to consent to the issuance of petmits with the following conditions to be incorporated in the permit amendment to the indent that'DM(l has the authority to do so: 1. CAMAS will comply with the terms of the mining lease end addenda. 2. Phase 1 mining,on approximately 44.6 notes on the western portion of the property will create a pond no larger then 30 surface acres. shouldd reclamation plait CAMAS and 3. Phaseo I t ll bre a stand-agreement on and reclamation of Phase II. Longmont not teeth agreement 4. Phase 1 mining will be completed by September 1,2001. 5. CAMAS will increase the minimum mining setback front St.Vrain Creek from 50 feet to 100 feet 6. ' CAMAS will obtain, at its expense, a historical and archaeological survey for the leasehold property, pasueat to a scope of work mutually approved by CAMAS and Longmont. 7. CAMAS will incorporate a trait alignment in its Phase 1 plans at a location acceptable to Longmont. anr,Naa err.►..4 ona.rr Cc-W Onon. e o s sassohs leaar..Cando AN DO A1-OppnatUrarY @alOrnl MIDOtteff 982160 08/14/98 15:01 TX/RX NO.2042 P.002 AUG-14-SB 14 : 55 FROM:BITUMINOUS ROADWAYS ID: 3039B00038 PAGE 3Y5 Page Two CAMAS Distal Fans Resource,Pant No.M-89-029,AM-002 August 12, 1998 8. CAMAS will perform a Ute Ladies 11158Ste Orchid survey rod Pretties Meadow Jumping Mouse survey on the property, which now has been complete by CAMAS and which disclosed no such specie. 9. CAMAS will commit to an addidonel S20,000.00 �"; i.e., tees, shrubs, and willow staking to buffer die St. Vesta Creek and seed mix for upland areas. Note: CAMAS will follow up with a Technical Revision to address type,size,and moronity. 10. A separate bo�n,,�d,.,�w;.i,oll be obtained at CAMAS'. ousts foe Phase I raising and reclamation, including $20,000.00 for enhanced iealaniWon, of the Bigelow Property Expansion, Distal Farm Permit No.89-029,AM-002. 11. Excess topsoil and overburden will be stockpiled within Phase I until CAMAS. Longmont, and Bigelow (as necessary) have agreed upon future reclamation requirements. 12. CAMAS will be responsible for developing and big a substitute supply plan with the State Eatgincer's Office during mining. Longmont will be responsible for the permanent augmentation not to exceed its 21.35%interest in the Coffin-Davis Ditch,the associated adjudication of an augmentation plan,and the associated cost of converting the historic water rights flans agricuitutat to consumptive we,plus an additional unspecified 38-acre feet of water lion Longmont a poatiblio of other water tie)".which together is estimated to substantially exceed the aupnentation requirements for a maximum 30 note lake associated with Phase 1. I believe these additional conditions will not substantially alter f e,perrnit eneriaOient vaguest before the Division of Minerals brad Geology reachedend thia Ibis August at s decision i3) 16-553date can proceed as scheduled.. If you have any further gUntlon:I 12. Si iy, �.�^�- ichael C.Refer, cc: R.L.Petters.Jr.,Attorney at Lew.Petite a Whitt LW.Attorneys for Longmont 1. w. Rourke,Office of the City Attorney,Longmont.Colorado P.A.Fitzgerald,I.andsoaps Atehitset,City of LOMIPnont R.M.Mcrgcns,Vice President&General Maurer,CAMAS Colorado,lac_ Approved: CITY O ON ONT By: k y77 P 982160 08/14/98 15:01 TX/RX NO.2042 P.003 AUG-13-SS 14 :09 FROM:BITUMINOUS ROADWAYS ID: 303900003E PAGE 1/3 CAMAS Colorado,Inc. Support Services Group 3605 South Teller Street Lakewood Colorado 80235 Telephone(303)980-2424 Fattimie(303)980-8002 FACSIMILE CAMAS TO COMPANY W 5_Lr o Co.... + t c`P 71_.A.1v FACSIMILE NUMBER l `'i 70 ) 5 - 63 i —2— FROM I�A ' to e-J DATE O/Z 3 / :8 NO.OF PAGES(INCLUDING COVERSHEET) 3 MESSAGE �. c rrs Ca c v rL �c de 7 O fJ.� Y. A-F T � ix n ,o G rf-A-n> c To R C L/cori \`nQ \v Gooier Grad D�wion f'R dy OOMvisico Biw. w LakewoodC 0"mele ak.w066 0:6 t 6s Vypj Cg4araAe AN EQUAL OPPORTUNITY EMPLOYER pppAA++ c^^ S . . 08/13/98 14:15 TX/RX NO.2023 P.001 AUC—I3-9B 14 =08 FROM:S I TOM I NOUS ROADWAYS ID: 3038800038 PAGE 2/3 CAMAS Colorado,Inc. Support Services Group 3605 South Teller Street Lakewood Colorado 80235 Telephone(303)980-2424 Facsimile(303)98048002 August 12, 1998 Adaa CAMAS Ms. Julie A. Chester, Current Planner Weld County Administrative Offices 1400 N. 17th Avenue Greeley, CO 80631 Re: 3rd AmUSR-877 Bigelow Amendment Dear Ms. Chester: As previously discussed, the City of Longmont (Longmont) has a leasehold interest with an option to purchase the portion of the Sandstone Ranch south of St. Vrain Creek from the Andrea Pierce Bigelow Living Trust (Bigelow). This includes the assignment to Longmont of the sand and gravel lease that exists between CAMAS Colorado,Inc. (CAMAS)and Bigelow_ Longmont was also quitclaimed all of Bigelow's interest in the Coffin Davis Ditch associated with the property. To that end Longmont requests that Weld County note for its records this ownership interest by Longmont and continue to copy Longmont on any correspondence, referrals, and decisions relating to the above referenced amendment. Additionally, CAMAS and Longmont have agreed to work together on a mining and reclamation plan that reflects the end-uses desired by Longmont. While this cooperative effort may require an additional six months to complete, CAMAS and Longmont have reached an initial agreement that allows CAMAS to proceed only with Phew l of the mining and reclamation plan. Longmont has agreed to consent to the issuance of permits with the following conditions to be incorporated in the amendment to the extent that Weld County has the authority to do so: 1. CAMAS will comply with the terms of the mining lease and addenda. 2. Phase I mining, on approximately 44.6 acres on the western portion of the property will create a pond no larger than 30 surface acres. 3. Phase I will be a stand-alone mining and reclamation plan should CAMAS and Longmont not reach agreement on the mining and reclamation of Phase II. 4. Phase I mining will be completed by September 1,2001. 5. CAMAS will increase the minimum mining setback from St. Vrain Creek from 50 feet to 100 feet_ 6om«novc Roadways Division Cooley Gravel Cinders Flampn Ready-hoc Division Lakewood Colorado Lakewood Colorado La&ewoad Colorado AN EQUAL OPPORTUNITY EMPLOYER 982160 08/13/98 14: 15 TX/RX NO.2023 P.002 . AUG-13-98 14:08 FROM:BITUMINOUS ROADWAYS ID: 303980003E PAGE 3/3 Adiehes Page Two- CAMAS 3'd AmUSR-877, Bigelow Property Expansion • August 12, 1998 6. CAMAS will obtain, at its expense, a historical and archaeological survey for the leasehold property, pursuant to a scope of work mutually approved by CAMAS and Longmont. 7. CAMAS will incorporate a trail alignment in its Phase I plans at a location acceptable to Longmont. 8. CAMAS will perform a the Ladies tresses Orchid survey and.Prebles Meadow Jumping Mouse survey on the property, which now has been complete by CAMAS and which disclosed no such species. 9. CAMAS will be responsible for developing and maintaining a substitute supply plan with the State Engineer's Office during mining. Longmont will be responsible for the permanent augmentation not to exceed its 21.55 %interest in the Coffin-Davis Ditch,the associated adjudication of an augmentation plan,and the associated cost of converting the historic water rights from agricultural to consumptive use, plus an additional unspecified 38-acre feet of water from Longmont's portfolio of other water rights, which together is estimated to substantially exceed the augmentation requirements for a maximum 30 acre lake associated with Phase I. 1 believe these additional conditions will not substantially alter the zoning amendment request before the Weld County Planning Commission and that the August 18th hearing can proceed as scheduled_ If you have any further questions, I can be reached at (303) 716-53I2; otherwise, I will be present at the hearing to address any concerns the Commission or Staff may have. S. cerely, 24: Michael C. Refer,Manager cc: R. L. Petros,Jr., Attorney at Law, Petros&White LLC,Attorneys for Longmont J. W. Rourke, Office of the City Attorney,Longmont, Colorado P.A. Fitzgerald,Landscape Architect,City of Longmont R. M. Mergens, Vice President& General Manager, CAMAS Colorado,Inc. Approved: CITY OF LONGMONT By: Date 992160 08/13/98 14:15 TX/RX NO.2023 P.003 CITIZEN INQUIRY FORM WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION 1400 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100 Ext. 3540 Fax: (970) 352-6312 ELEPHONE ❑ OFFICE FIRST INQUIRY? ❑ YES UFO DATE: d9.21/41 NAME: VLDdi /-COG Lv \ PHONE: 6% -�S1 ��"3� ADDRESS: ✓ �614Zi/t % G ✓ /> TYPE OF INQUIRY: i 3 c .5 —��J� _ MHZP — SKETCH PLAN _ MINOR SUB SKETCH PLAN — ZPMH _ PRELIMINARY PLAN _ MINOR SUB FINAL PLAT — RE _ FINAL PLAT ZONING _ AMENDED RE _ RESUBDIVISION — ADDRESSING _ SE — FHDP _ BUILDING PERMIT — AMENDED SE _ GHDP — SETBACKS/OFFSETS — SITE PLAN REVIEW 13SR _ HOME OCCUPATION _ REZONING AMENDED USR VIOLATION — PUD SKETCH PLAN _ USR MINING _ OTHER — PUD DISTRICT USR MAJOR FACILITY — PUD FINA USRL SITE _ STAFF PERSO ' ,U (- - - EXHIBIT ITEMS DISCUSSED: t 6 i9 a 7-vt_tr eLt2fi ro i'ke-totiVi/L .1' d)( ,W c>l De.��u c,` n c-, ,nizn�J <0, Aurt-le/ , ,--\ -- /96-<1� %�q _cnJ -, _. , _ . _ „et., , it-et-O -G-t--b/'Y(t -ce, a /2.€t-0 fit, % 4YSP3i�� dam*- c 9 et /th a/ - 0 r -� uze-i4 ey, /24044-2 rwytt Os a.--W, / a--t ‘4_,--e-M4et,47) emtp iRti:ti-4( - 9 / ci- / 70- per; _ I ,/ _ ti 4. is Time Spent: AL) Aik— Staff Members Initi � /� ,y/"�� 9821.60 citizen.s_42tA ✓ 014 l IC—'F.Yt`n-1_ - (��_ 30 s--/ Fce �✓ foga DEPARTMENT OF COMMUNITY DEVELOPMENT - PLANNING DIVISION COL Civic Center Complex/Longmont, CO 80501 0R (303) 651-8330 /FAX# (303) 651-8696 Weld C June 10, 1998 JUN 12 1993 psi h N Ms. Julie A. Chester Current Planner Weld County Planning Department 1400 N. 17th Avenue Greeley, CO 80631 RE: Case Number 211° AmUSR-877 - Bigelow/CAMAS—SSDP and Special Review for Gravel Mining Dear Julie: Thank you for sending the referral concerning the Bigelow/CAMAS site specific development plan (SSDP)and special review permit application to the City of Longmont for our review and comment. The application proposes to mine the portion of Sandstone Ranch that is south of the St. Vrain River. The City of Longmont has purchased the northern portion of Sandstone Ranch from the Bigelows and has lease purchased the portion that is proposed to be mined. The Bigelows have assigned all right,title, and interest in the mineral lease(dated December 24, 1997)with CAMAS Colorado,Inc., Cooley Gravel Division, to the City of Longmont. For your information, I have attached a copy of the mineral lease and a copy of the assignment and assumption of lease. The lease (paragraph 17 on page 5) stipulates that the Lessee (CAMAS Colorado, Inc., Cooley Gravel Division) and the Lessor(City of Longmont) must agree on the mining and reclamation plan or the lease shall terminate. The period for our reaching agreement on this plan has been extended until June 19, 1998. Representatives from CAMAS and the City of Longmont have had several meetings concerning the mining and reclamation of Sandstone Ranch. The City has provided CAMAS with extensive comments and requests for information and clarification(see attached). The City anticipates further meetings with CAMAS relative to our comments and the mining and reclamation plan prior to our reaching agreement on it per our lease. The application submitted to you does not respond to the issues the City has raised concerning the mining and reclamation of Sandstone Ranch or the comments-that the-City has provided-to-CAMAS. I- understand-that yesterday CAMAS sent us a revised plan in response to our comments. If this revised plan addresses the City's concerns, we will notify you. EXHIBIT 992160 I Given the status of our discussions with CAMAS and the nature of our issues, the application submitted to you is premature. The City anticipates that the mining and reclamation plan that the City and CAMAS may ultimately agree upon will be quite different than the one shown in the application. The City will request that CAMAS revise their application submitted both to Weld County and to the Colorado Division of Minerals and Geology after we reach agreement(per our mineral lease) on the mining and reclamation plan. As it currently is submitted, the City recommends that Weld County and the Colorado Division of Minerals and Geology deny approval of this application. Again,thank you for the opportunity to comment on this referral. If you have any questions,please call me at 303/651-8326 or send e-mail to froda.greenberg@ci.longmont.co.us. Sincerely,' nc f� Froda Greenberg, AIC Principal Planner xc w/o attachments: Phil DelVecchio, Community Development Director Brad Schol, Planning Director Don Bessler, Parks & Recreation Director Paula Fitzgerald, Parks Project Coordinator Dale Rademacher, Water/Wastewater Utility Director Cal Youngberg, Acting Director, Water Quality Division Sylvia Lewerke, Water Resources Administrator Jay Rourke, Deputy City Attorney Frank and Andrea Bigelow Michael Reefer, CAMAS Colorado Inc., Cooley Gravel Division xc w/attachments: Christina Kamnikar, Colorado Division of Minerals and Geology File: #2050-8d3 9821 0 % ASSIGNMENT AND ASSUMPTION OF LEASE FOR VALUE RECEIVED, the Andrea Pierre Bigelow:Living Trust, A.aignor, hereby assigns all right,fir.1e, and,'Merest in and to the mineral-lease(Lease),dated:Deeember 24,_1997 by and between the Andrea Pierce Bigelow Living-Trust.and Camas Colorado Inc.; Cooley Gravel Division,'an Indiana corporation, to the City of Longmont, .Colorado,. a Colorado municipal corporation, Assignee:: In consideration whereof the City of Longmont hereby assumes-and agrees to perform all the cavenantsand aceemeras in said Lease pertaining to the Assignor,.and the"Assignee,shell he-entitled to all monies remaining to be paid underthe Lease whith.rights are alio.assigned hereunder The Assignor warrant&that the Lease is without modification and remains on the terms contained. The Assignor father:warrants that it has fill right and authority to transfer the Lease, and that the Lease rights transferred are free of lien, encumbrances oradvese claim. The'Assignment shall be binding•upon and inure to the benefit of the parties, their successors and asaigas. This assignmenrshall be active on April 3,:199g. • . DATED this / day-of i :tc.( , 199S. ANDREA FIERCE BIGELOW LIVING TRUST, • Assignor B � 14/ aYr1l� T • f J o Trustee CITY OF LONGMONT, COLORADO, 1 `C 1-3 Assignee Attest :: CNimmallf O OZ0R• �� `Mayor C "`�`ti/ • ny • MIDST` d Ig • `.992160 O DEPARTMENT OF COMMUNITY DEVELOPMENT �J Parks and Recreation Division ^ ( tsjtb0.,‘ t� F! [ r-3 747 Coffman Street [V._I If i1 1 ) Longmont, Colorado 80501 Memorandum / (303) 651-8446 TO: CAMAS, Cooley Gravel Company 0L OR Nvi� FROM: Paula Fitzgerald, Parks and Recreation Project Coordinator y r DATE: May 4, 1998 RE: Reclamation Plan Review Comments - Sandstone Ranch I have reviewed the proposed gravel mining plans and reclamation plan and have the following questions and comments: • Who provides the water necessary for water augmentation? If the City is responsible in any way for this water, we need discussions with Water/ Wastewater Department. Provide the amount of water calculated for the augmentation shown and prove the Coffin Davis ditch provides sufficient water for this use. • The plans show an assumed edge of riparian edge. This assumed edge needs to be verified. We have already surveyed this edge as part of our master plan work and can provide that information to you. In keeping with current Prebles Jumping Mouse habitat conservation plan recommendations, this riparian edge would need an additional setback minimum of 100' to the disturbed site. A Prebles Mouse survey is needed if impact to their habitat areas is intended. • In an effort to protect habitat areas and provide additional screening to those areas fur the duration of gravel mining, we recommend a planted screen of native riparian shrubs and trees at the setback edge that would be installed prior to gravel work. • This plan should be revised to show minimal open water and extensive habitat areas - wetland marshes etc.. Where open water is provided, several ponds of smaller size arc to be shown. • The current reclaimed pond would have a high potential for breaching during high seasonal flows at the points of meander. A design of any open water ponds should provide a flow through during high flows that includes inlet and outlet controls. • Is the pond / ponds to be lined? If so with what? Are they to have riprap slope control? If so, the riprap design needs to be part of this submittal and cannot include recycled concrete. If they are not to be edged with riprap, 3:1 side slopes are too steep; 11: I is required. ▪ Show on the plans a haul site for City provided fill. We would be able to provide backfill materials (concrete slabs, fill materials) that could then be graded and covered with topsoil. Access to the site by City vehicles would be needed. Grading and finish to be done by CAMAS. • Show how the section monument is to be preserved. Identify the monument on the 982160 EXHreIT 19 plans and call out its protection specifically. • A landscape plan needs to be submitted with this reclamation plan to be considered complete. Native grasses, shrubs, trees and wetland vegetation are a necessary part of this plan. We are happy to provide the names of our master plan subconsultants if you choose to use them for this planning work. • Topsoil is not addressed in this plan. All topsoil shall be stripped and stockpiled for use on this reclamation project or for the park project on the north portion of the site. Clarify the topsoil use on the plans. • The east side of the pond shows a straight alignment which is not acceptable. Provide natural forms to the pond areas. • A St. Vrain Greenway trail corridor is intended to move through this site after completion of mining. This corridor should be out of the riparian area and can go through or near the pond/ marsh areas. Show the future corridor alignment through the site from west to east with a bridge crossing of the St. Vrain located south of the homestead house. The trail corridor should be shown as approximately 50' wide with side slopes no steeper than 4:1. • Clarify who the applicant is for this plan to the State Engineers Office - City of Longmont or CAMAS? As this submittal does not contain certain vital information, it is considered incomplete. The City of Longmont reserves the opportunity to provide additional comments once a full plan set is received in our offices. Please direct any questions or concerns regarding these comments to myself at (303)651-8448 or fax comments to me at (303)651-8759. cc: Phil Del Vecchio Don Bessler Jay Rourke Silvia Lewerke File 982160 �.� rS. n iy �1 �� r ' . 1�b v TO: Paula Fitzgerald, Parks JLOR ?'� FROM: Cal Youngberg, Water/Wastewater via Dale Rademacher RE: Reclamation plan, Sandstone Ranch DATE: May 6, 1998 Your comments of May 4 re: the Sandstone Ranch mining plan/reclamation agreement look like they cover the subjects we discussed with you at our meeting. Our reading of the agreement is that the City can essentially set the conditions of the mining and reclamation work. The plans that have been submitted, which minimize site reclamation and create one large pond, are clearly not acceptable for the reasons noted in your memo. The reclamation of the site needs to be more environmentally aware and include the wetland and habitat features that are important to the City. In addition to the issues listed in your memo, we have the following concerns: 1. We feel that an addendum to the lease agreement is needed to specifically define the responsibilities for reclamation and water augmentation. The addendum should require more details from the lessee on the reclamation plan, including a final landscaping plan for the site, the configuration of ponds and routing of water through the property, whether or not the ponds will be lined, where wetlands and habitat areas will be preserved or created, etc. The addendum should also clarify the question of who is responsible for developing and implementing the augmentation plan. It also appears that royalties paid by the lessee are low and may need to be renegotiated. A legal review of the agreement is needed to develop this addendum. 2. There is no geological information provided in the site plan, such as what depth of material will be removed and whether or not the substrata is impermeable. This information could have a bearing on the type of reclamation that can be done and the ultimate use of the site. The plan should include a site assessment prepared by a geologist and/or engineer that identifies soil and gravel types, depths, locations, and geologic features on the site, both before and after mining. The assessment could also recommend how topsoil will be stockpiled and used to reclaim the site. 3. It is possible that this site could be developed as a constructed wetland area that could not only help extend the St. Vrain Greenway but also provide for water storage and wetland treatment of wastewater effluent. For both the storage and treatment options, a portion of the effluent from the wastewater treatment WATER/WASTEWATER UTILITIES 11-00-SOUTH SHERMAN STREET-•LONGMONT, COLORADo-80501--i303)051-0370- FAX(303)0514812 plant would be transferred to the site and used to create and maintain a combined subsurface and open pond wetland area. The use of wastewater effluent would maintain the water level, water temperature and nutrient supply for the wetland. It is possible that the City could lower the cost of future wastewater plant expansions by using wetland treatment. The Greenway project would also benefit if the reclamation plan included at least some of the wetland and habitat features that will eventually be developed on the site. As noted in comment #1, above, we need more details on the reclamation plan and it needs to meet our requirements before we approve it. Please pass these comments along to the mining company. We may have additional review comments after we further evaluate the water rights and treatment issues and receive_additional legal review of the agreement. 982160 MINERAL LEASE THIS MINERAL LEASE AGREEMENT (this "Mineral Lease") is entered into on December tin, 1997 between the ANDREA PIERCE BIGELOW LIVING TRUST ("Lessor"), and CAMAS COLORADO, INC., COOLEY GRAVEL DIVISION, an Indiana corporation ("Lessee"). RECITALS 1. Lessor is the owner of approximately sixty-five (65) acres of real property located in the (i) S.E.1/4 of Section 7, (ii) W.1/2 of the S.W.1/4 of Section 8, and (iii) that portion of the N.W.1/4 of Section 17 lying North of the Burlington Railroad Right Of Way, Township 2 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado (the "I eased Premises"), the exact legal description of which shall be determined in accordance with the provisions of Section 16. 2. Lessor intends to lease to Lessee, and Lessee intends to lease from Lessor, the Leased Premises subject to the provisions and conditions set forth herein so that the Lessee may conduct sand and gravel mining operations on the Leased Premises. PROVISIONS 3. Consideration And Legal Effect. For good and valuable consideration the parties hereto, intending to be legally bound by the provisions hereof, hereby agree to the provisions and conditions set forth herein. 4. Rights Granted/Leased Premises. Subject to (i) the provisions and conditions of this Mineral Lease, (ii) existing oil and gas leases, and (iii) easements and rights of way of record or in use, the Lessor hereby leases the Leased Premises and grants to the Lessee: a. The exclusive right to explore for, extract by mining, excavate, stockpile, remove and sell sand, gravel and gold which can be recovered by surface mining operations from the Leased Premises; and, b.e The right to use (i) an Prcn k:es, and (ii) 22.55% of the Coffin And Davis Ditch Company and all water and water rights, ditches and ditch rights appurtenant thereto, in connection with Lessee's operations. 5. Rights Retained By Lessor/Leased Premises/Easement Across Lessee's Property. Subject to the provisions and conditions of this Mineral Lease and provided that (i) there shall be no unreasonable interference with Lessee's operations on the Leased Premises, (ii) there shall be no substantial reduction in the sand and gravel reserves available for mining by the Lessee, (iii) the Lessee shall have no obligation to pay any costs or expenses related to the farming EXHIBIT Pc90 stun&Miller/971206A 982160 and/or grazing activities of Lessor and/or Lessor's tenant, and (iv) the following activities are conducted in compliance with all federal, state, county and local rules, regulations and permits: a. The Lessor reserves the right to allow farming and grazing on acreage not within the Lessee's current excavation plan, with the exact acreage to be farmed to be approved by both parties, which consent shall not be unreasonably withheld. b. Access to any portion of the Leased Premises used for farming or grazing shall be through a separate entrance. c. The Lessee shall provide ninety (90) days prior written notice to the Lessor of Lessee's intent to commence mining operations on those portions of the Leased Premises being used for farming or grazing, and the Lessor shall thereupon notify any of its tenants that such mining operations may be commenced following such ninety (90) day period. d. The Lessor shall be entitled to reasonable access across the Leased Premises to a fifteen(15) acre parcel owned by the Lessor, the exact legal description of which shall be determined in accordance with the provisions of Section 16. provided that the location_of such_access may be changed by the Lessee from time to time as required by the Lessee's mining operations. 6. Term. The term of this Mineral Lease shall commence twenty (20) days after the issuance of all necessary federal, state and local approvals and permits necessary for the Lessee to conduct a sand and gravel mining operation on the Leased Premises ("Commencement Date"). The term of this Mineral Lease shall end five (5) years after the Commencement Date, unless otherwise extended as provided herein. 7. Extension Of Term. Provided that the Lessee is not in default under this Mineral Lease, the Lessee shall have the option to extend the term of this Mineral Lease for five (5) years. Any such extension of this Mineral Lease shall be on the same provisions and conditions as are set forth herein, provided that Lessee must notify Lessor in writing at least ninety (90) days prior to the expiration of the term of its election to exercise the option to extend the same. The Lessee's rights to use the Leased Premises, including the right of access to and use in connection with the Peschel Property, shall end on the 10th anniversary of the Commencement Date, unless ended sooner pursuant to the terms hereof. 8. Use Of Leased Premises And Operations By Lessee. The Leased Premises shall be used by Lessee only in connection with (i) the exploration for, extraction by mining, excavation, stockpiling, removal and sale of sand, gravel and gold, and incidental activities associated with Lessee's mining operations on the Leased Premises, all in accordance with the excavation and reclamation Plan provided for below, and (ii) the installation and use of a conveyor belt system for the conveyance of off-site materials mined, excavated and removed from adjacent property known as the Peschel Property across the Leased Premises. No offsite Suez&MiUcr/971206A - 2 - 982160 materials shall be stockpiled, processed or sold on or from the Leased Premises. The Lessee shall have the right to make such improvements and take such other actions with respect to the Leased Premises which are reasonably necessary for the use and operations permitted under this Mineral Lease. The Lessee shall have no obligation to explore, extract, mine, excavate, process, stockpile, remove or sell any materials or minerals other than sand and gravel. 9. Restrictions On Use Of Leased Premises. The Lessee shall not: a. Remove any top soil or overburden from the Leased Premises, which top soil and overburden shall be stripped, stockpiled on the Leased Premises and used in connection with the reclamation of the Leased Premises and the improvements to the fifteen (15) acre parcel depicted on Exhibit B hereto; b. Stockpile any materials mined elsewhere than on the Leased Premises; c. Operate an asphalt or concrete batch plant on the Leased Premises. 10. Royalties. The Lessee shall pay the Lessor as royalties during the term of this Mineral Lease, including any extension of such term: a. Fifty cents ($0.50) per ton on all sand and gravel removed by the Lessee ("Sand And Gravel Royalties") during the preceding calendar month, with proper credit being taken for advance royalties previously paid to the Lessor, such monthly payments to be made on the 20th day of each month for the preceding month. On the fifth anniversary of the Commencement Date and on the same day in each year thereafter during the term of this Mineral Lease, the Sand And Gravel Royalties shall increase by two cents ($.02) per ton. b. Ten percent (10%) of the net mint return on all gold and other precious minerals extracted and removed in connection with sand and gravel mining operations, such amount to be paid on or before the 15th day of the month following the receipt-of payment-try the-Lessee from the-sale of such-gold or other precious minerals. 11. Advance Royalties. The Lessee shall pay the Lessor as advance royalties ("Advance Royalties"), the following amounts: a. Fifty Thousand Dollars ($50,000.00) on the earlier of the Commencement Date or December 1, 1998; b. Fifty Thousand Dollars ($50,000.00) per year on each anniversary date of the payment specified in Section lla, above, during the term of this Mineral Lease; Stutz&Miikr/971206A - 3 - 982160 the payment of which amounts shall (i') constitute rental for the period until the next Advance Royalty payment is due and for access across the Leased Premises following the end of the Lessee's mining operations, and (ii) entitle the Lessee to defer the start of sand and gravel mining operations or suspend the same during such period. All Advance Royalties paid to the Lessor shall be applied as credits against all Sand And Gravel Royalties which become due during the term of this Mineral Lease, regardless of when the same become due. The payments currently being made by- the Lessee-to-the-Lessor for the use of an easement across the-Leased- Premises shall be prorated to the date of the first payment of Advance Royalties and shall terminate thereafter. 12. Additional Provisions Regarding Advance Royalties. The following provisions shall also apply with respect to Advance Royalties: a. No Advance Royalties shall be due for any period if less than one hundred thousand (100,000) tons of sand and gravel are reasonably estimated by the Lessee and the Lessor to remain to be mined during the twelve (12) month period following the due date of any Advance Royalty payment. b. In the event the Leased Premises are taken under the power of eminent domain or conveyed under threat of condemnation proceedings, all Advance Royalties paid to the Lessor and not credited against Sand And Gravel Royalties shall be repaid to the Lessee; c. In the event the Leased Premises cannot continue to be mined for sand and gravel during the term of this Mineral Lease, including any extension thereof, because of governmental restrictions, including without limitation the lack of appropriate permits, all Advance Royalties paid to the Lessor within the two (2) years immediately preceding the determination that the Leased Premises cannot continue to be mined and which have not been credited against Sand And Gravel Royalties shall be returned to the Lessee, provided that the Lessee shall not be entitled to any refund of Advance Royalties if the Lessee causes such restrictions to be imposed. d. In the event the Leased Premises are destroyed and become unusable for the Lessee's contemplated use and operations hereunder, all Advance Royalties paid to the Lessor within the two (2) years immediately preceding the destruction which have not been credited against Sand And Gravel Royalties shall be returned to the Lessee, provided that the Lessee shall not be entitled to any refund of Advance Royalties if the Lessee is the cause of the destruction. 13. Production And Sales Information. For each month in which sand and gravel are removed from the Leased Premises, the Lessee shall provide the Lessor with a written report specifying the (i) amount thereof mined with subtotal setting forth the amount stockpiled on the Leased Premises and the amount removed from the Leased Premises, (ii) the amount of Advanced Royalties, if any, credited against the Sand And Gravel Royalties for such month, and Stutz&Miller/9712064 - 4 - 982160 (iii) any other information reasonably necessary to calculate the correct amount of Sand And Gravel Royalties payable to the Lessor, all such information to be furnished as soon as the same is reasonably available to the Lessee in the normal course of business. The Lessee shall also provide an annual report, whether or not any material was mined during the preceding year,which report shall set forth the amount mined, or indicate that nothing was mined, the amount stockpiled on the Leased Premises and the amount removed from the Leased Premises, broken down by type of material. 14. Governmental Approvals. Upon the execution of this Mineral Lease, the Lessor and the Lessee shall promptly take the appropriate action to obtain all necessary federal, state and local approvals and permits necessary for the Lessee to conduct a sand and gravel mining operation on the Leased Premises under the federal, state and local approvals and permits issued to the Lessor by such authorities. The cost of obtaining such approvals and permits shall be paid by Lessee. 15. Storm Water Discharge And Air Pollution Permits. Lessee shall be responsible for sampling, monitoring and preparing all reports required to meet the requirements of the Storm Water Discharge and Air Pollution permits currently in force. 16. Survey. Upon the execution and delivery of this Mineral Lease, the Lessor shall provide the Lessee with a survey and legal description of the Leased Premises and a fifteen (15) acre parcel owned by the Lessee. The legal descriptions contained on such surveys shall thereupon be attached to this Mineral Lease as Exhibits A and B. 17. Excavation And Reclamation Plan. Within one hundred twenty (120) days after the date hereof, the Lessee, at Lessee's expense, with the Lessor's cooperation and assistance, shall prepare a plan and maps for excavation and reclamation of the Leased premises ("Mining Plan") indicating anticipated excavation and a description of the types and location of facilities and equipment which the Lessee anticipates placing on the Leased Premises, which Mining Plan shall include (i) a description of any ditches to be relocated, fences to be removed or reconstructed, and/or roads to be relocated, improved and/or added, (ii) a description of how the mining will be conducted, (ii) how the Leased Premises will be affected, (iii) the portion of the Leased Premises to be affected at any given time, and (iv) such other information as may be reasonably necessary for the Lessor to adequately understand the Mining Plan, including the timing and phases thereof. The Mining Plan shall also include, but not be limited to, the following: (i) all lakes or ponds shall be irregularly shaped and constructed in a visually attractive manner; (ii) slopes shall be no steeper than 3:1 for the first ten feet of water depth and 2:1 thereafter, and (iii) shorelines shall be covered with adequate topsoil and ground cover. In the event the parties cannot agree upon the Mining Plan within one hundred twenty (120) days of the date hereof, this Mineral Lease shall terminate and each of the parties shall be released from further obligations, except that the Lessor shall reimburse the Lessee for one-half(1/2) of the reasonable costs incurred by the Lessee in preparing the Mining Plan. Once the Mining Plan is prepared and approved in writing by the parties signing duplicate copies thereof, with one copy for each party, no changes shall be made thereto without the prior written approval of each of the parties, which approval shall not be unreasonably withheld. The Lessee shall be responsible for and pay the cost of any and all reclamation of the Leased Premises required by Stutz&Miller/971206A - 5 - 982160 the Colorado Mined Land Reclamation Board ("M.L.R.B.") and the Mining Plan approved by the parties, which shall be incorporated in the Reclamation Plan approved by the M.L.R.B., provided that the payment of such cost shall not include water augmentation, which is provided for in Section 18, below, or any other cost specifically allocated to the Lessor pursuant to the provisions hereof. Neither the Mining Plan nor the Reclamation Plan approved by the M.L.R.B. shall be amended without the express written approval of the Lessor and the Lessee, which consent shall not be unreasonably withheld provided that (i) the party requesting any amendment shall pay the cost thereof, and (ii) any amendment shall not result in any unreasonable interference with Lessee's mining activities or a reduction in the amount of material available for mining. The parties shall cooperate with each other in complying with permit requirements related to mining. The Lessee, at the Lessee's expense, shall also place sufficient material on the fifteen (15) acre parcel of property depicted on Exhibit B hereto so as to raise the elevation thereof three (3) feet above the elevation existing as of the date of this Mineral Lease. Such fifteen (15) acre parcel shall be included within the area to be permitted for mining operations. 18. Reclamation Requirements Of M.L.R.B. The Lessor shall have the right to approve the provisions of any reclamation plan required by the M.L.R.B., provided that (i) the parties shall cooperate with each other in connection the development of a reclamation plan for submission t6 ant approval by die- MLRB-, (ii) the-Lessee- shall exercise- its best reasonable- efforts to make the reclamation provisions of the Mining Plan consistent with the reclamation plan approved by the MLRB, and (iii) the Lessor's approval of the MLRB reclamation plan shall not be unreasonably withheld. 19. Water Augmentation. With respect to the legal requirements for water augmentation in connection with the Leased Premises: a. The Lessee shall be responsible for implementing and complying with the requirements of any water augmentation plan during the term of this Mineral Lease, with all costs of such implementation and compliance, including the cost of constructing any and all improvements required for the implementation of such augmentation plan in accordance with plans and specifications mutually approved by the Lessor and the Lessee, to be paid by the Lessee. b. The Lessor shall be responsible for furnishing the following water rights, if necessary, to be used in connection with the augmentation plan: the historical water rights associated with the Leased Premises, plus additional water rights selected by the Lessor which will yield additional gross diversions required by the augmentation plan up to but not to exceed thirty-eight(38) acre feet of additional consumptive use. The Lessee shall have no obligation to furnish water rights in connection with the augmentation plan. The parties acknowledge that the total production of sand and gravel on the Leased Premises may be limited as a result of the fact that the water rights being furnished by the Lessor may be inadequate for the type of augmentation plan that would be required to mine the entire Leased Premises. Stutz&MUIer971206A - 6 - g82160 c. Following the termination of this Mineral Lease, the Lessor shall be responsible for maintaining the augmentation plan and facilities constructed by the Lessee in connection therewith, provided that the Lessee has properly implemented the augmentation plan, properly constructed all required improvements and that such improvements are in good working order at the time they are turned over to the Lessor. The only costs for which Lessor shall be responsible are those incurred after the termination of this Mineral Lease in connection with the operation and maintenance of the augmentation plan and the facilities installed by the Lessee at Lessee's expense to implement the approved augmentation plan. 20. Access To Peschel Property. The Lessor shall allow the Lessee reasonable access across the Leased Premises for ingress, egress and movement of vehicles, conveyors and material to and from the Peschel Property for such period of time, not to exceed ten (10) years from the Commencement Date, during which the Lessee is conducting mining operations on the Peschel Property, regardless of whether or not this Mineral Lease remains in effect. Such access shall be located in such a manner as to reasonably accommodate the Lessor's use of the Leased Premises following the Lessee's mining operations and the Lessee's mining operations on the Peschel Property. 21. Easement Across Lessee's Property. The Lessee hereby grants the Lessor a non- exclusive easement for ingress, egress, utilities, vehicular access and pedestrian access from Weld County Road 20-1/2 across real property owned by the Lessee to the fifteen (15) acre parcel to be described as Exhibit B hereto, which easement shall (i) be one hundred (100) feet wide, (ii) generally situated along the Burlington Railroad right of way, and (iii) provide access to one or more residential sites on such parcel. Such easement shall be effective as of the date this Mineral Lease is- executed and delivered by the parties and regardless of whether this Mineral Lease is terminated, provided that the- Lessor shall- pay- the- Lessee Five Thousand- Dollars ($5,000.00) in the event this Mineral Lease is terminated. At such time as a legal description for the fifteen (15) acre parcel described on Exhibit B is available to the parties, the easement provided for in this section shall be set forth in a written document suitable for recording. 22. Insurance. The Lessee covenants and agrees to maintain on the Leased Premises at all times during the term of this Mineral Lease or any renewal hereof a current, paid policy or policies of general comprehensive public liability and property damage insurance insuring Lessee and Lessor against any liability arising out of the ownership, use, occupancy, or maintenance of the Leased Premises and all areas appurtenant thereto used or enjoyed by the Lessee. Such insurance shall be in an amount not less than One Million Dollars ($1,000,000.00) for any one occurrence for both bodily injury and property damage. The Lessor shall be named as an additional insured on the policy or policies providing general comprehensive public liability and property damage coverage, and a certificate of insurance to such effect shall be issued to the Lessor. All such policies of insurance shall provide ten (10) days' prior written notice to Lessor of cancellation or of a material change in coverage. The Lessee shall carry workers compensation coverage on its employees and shall furnish the Lessor with a certificate or other evidence of such insurance. Stutz&Mifier1971206A _ 7 _ 982160 23. Taxes. The Lessor shall pay all real property taxes levied and assessed against the Leased Premises during the term of this Mineral Lease, not to exceed the 1997 taxes assessed against the Leased premises, and the Lessee shall pay all additional taxes assessed against the Leased Premises, including any additional taxes imposed after the Commencement Date because of or relating to the obtaining of mining permits and/or the mining, excavation, processing, stockpiling, removal and/or sale of sand and gravel from the Leased Premises; and the Lessee shall pay all taxes, real or personal, related to the mining, excavation, processing, stockpiling, removal and/or sale of sand and gravel and all personal property taxes levied and assessed against the Lessee's personal property on the Leased Premises. 24. Exemption For Sales And Use Taxes. As provided in 39-26-205(3) Colorado Revised Statutes, as amended from time to time, the Leased Premises and all other improvements (other than Lessee's trade fixtures) made to or installed on the Leased Premises (whether constructed by, for or at the expense of Lessor or Lessee), shall be exempt from any lien for sales and use taxes otherwise imposed by the taxing authorities of the State of Colorado. In order to secure this exemption from the date of execution of this Mineral Lease, upon execution of this Mineral Lease, the Lessee shall prepare and execute, and the Lessor shall execute, a Memorandum of this Mineral Lease for filing with the Colorado Department of Revenue. 25. Utilities. Lessee shall contract in its own name and pay for all charges for electricity, gas, fuel, telephone, trash hauling, and any other services or utilities used in, servicing, or assessed against the Leased Premises, unless otherwise herein expressly provided. Water and sewer services used or to be used by the Lessee, shall be contracted for by Lessor, with Lessee paying the costs thereof. Lessor makes no representation or warranty as to the availability of any utilities to the Leased Premises and shall have no responsibility or liability in connection therewith. 26. Lessor's Representations. The Lessor represents and warrants: a. The Lessor's (i) ownership in fee simple of the Leased Premises, and (ii) good and merchantable title to the surface and mineral estates of the Leased Premises and covenants that it will defend the leasehold interest granted herein to the Lessee against any and all persons claiming an interest therein; b. The Lessor is not aware of any fact or circnmctance which would prevent the Lessee from operating a sand and gravel pit mine on the Leased Premises. 27. Ouiet Enjoyment. Lessor agrees to warrant and defend Lessee in the quiet enjoyment and possession of the Leased Premises during the term hereof so long as Lessee is not in default hereunder. 28. Compliance With Laws. The Lessee's operations on the Leased Premises and the use thereof shall be in accordance with good and accepted mining practices and in compliance Srurz&Mille/971206A 0 - o 982160 with all federal, state, county and local laws, statutes, ordinances, zoning regulations and permits. 29. Contingencies. This Mineral Lease is expressly contingent upon the following conditions being met on or before July 1, 1998: a. Title. The Lessee having determined that the Lessor holds good and merchantable fee simple title to the surface and mineral estates of the Leased Premises and that there are no unsatisfactory title defects which would prevent the contemplated use of the Leased Premises and the Lessee's operations thereon; b. Environmental Inspection And Audit. The Lessee, at its sole expense, having obtained a satisfactory environmental inspection and au� eo report indicating that there are no materially damaging or s environmental conditions on the Leased Premises which would make the same unsuitable for the proposed mining operations of the Lessee; c. Approval Of Board Of Directors. This Mineral Lease having been approved by the Board Of Directors of CAMAS inc. This Mineral Lease shall not be binding upon the parties until signed corporate resolutions of the directors of CAMAS inc. have been delivered to the Lessor. d. Governmental Approvals. The Lessee having obtained all necessary federal, state and local approvals, licenses and permits to operate a sand and gravel pit mine under the Lessor's federal, state and local licenses and permits on the Leased Premises during the term of this Mineral Lease. All federal, state and local approvals, licenses and permits obtained in connection with this Mineral Lease shall run with the land to the greatest extent possible and, if for any reason this Mineral Lease terminates, the Lessee shall assign those approvals licenses and permits to the Lessor or Lessor's designee, provided that the Lessee is released from any and all claims, demands, actions, causes of action, liabilities, expenses and damages associated with such approvals, licenses and permits. 30. Lessee's Indemnification. Lessee shall indemnify and hold harmless the Lessor from and against any and all claims arising from Lessee's use of the Leased Premises or from the conduct of its business or from any activity, work, or other things done, permitted or suffered by the Lessee in or about the Leased Premises, and shall further indemnify and hold harmless the Lessor against and from any and all claims arising from any breach or default in the performance of any obligations on Lessee's part to be performed under the terms of this Mineral Lease, or arising from any act or negligence of the Lessee, its officers, agents, guests, employees or invitees, including without limitation M.S.H.A. violations, and from all costs and reasonable attomey's fees and liabilities incurred in or about defense of any such claim or any action or proceeding brought thereon and in case any action or proceeding be brought against stun&Miller/971206A 9 - 982160 Lessor by reason of such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor. 31. Lessor's Indemnification. Lessor shall indemnify and hold harmless the Lessee from and against any and all claims arising from Lessor's use of the Leased Premises or from the conduct of its business or from any activity, work, or other things done, permitted or suffered by the Lessor in or about the Leased Premises, and shall further indemnify and hold harmless the Lessee against and from any and all claims arising from any breach or default in the performance of any obligations on Lessor's part to be performed under the terms of this Mineral Lease, or arising from any act or negligence of the Lessor, its officers, agents, guests, employees or invitees, and from all costs and reasonable attomey's fees and liabilities incurred in or about defense of any such claim or any action or proceeding brought thereon and in case any action or proceeding be brought against Lessee by reason of such claim, Lessor upon notice from Lessee shall defend the same at Lessor's expense by counsel reasonably satisfactory to Lessee. 32. Environmental Conditions. With respect to environmental conditions: a. Lessee shall be liable for and shall indemnify and hold harmless the Lessor of and from any and all claims, demands, actions, causes of action, liabilities, damages and expenses, including court costs and reasonable attomey's fees which Lessor may suffer, incur or be put to pay as the result of the presence of any hazardous, toxic or otherwise illegal substances or materials placed on the Leased Premises by the Lessee. Lessee shall be responsible for and pay all costs related to any clean-up of the Leased Premises necessitated by the presence of hazardous, toxic or otherwise illegal substances or materials placed on the Leased Premises during the term of this Mineral Lease. b. Lessor makes no representations as to the condition of the Leased Premises at the time of the execution hereof or at the Commencement Date. The Lessee shall be-entitled to- access- the Leased- Premises for purposes of making inspections and/or assessments and shall be entitled to terminate this Mineral Lease, for any reason on or before ninety (90) days following the execution hereof. However, if the Lessee does not terminate-this-Mineral-L-ease-by notice_imwritingon or before ninety (90) days from the date hereof, the Lessee shall be deemed to have waived any and all claims, demands, actions, causes of action, liabilities, damages and/or expenses relating to the condition of the Leased Premises as of the date hereof, including those relating to the presence of any hazardous, toxic or otherwise illegal substance or material on the Leased Premises, including without limitation the presence of any concrete rubble and/or similar other materials. c. Lessor shall indemnify and hold harmless the Lessee of and from any and all claims, demands, actions, causes of action, liabilities, damages and smrz&Mrucrron.os.+ - 10 - 992160 expenses, including court costs and reasonable attorney's fees asserted by third parties which Lessee may suffer, incur or be put to pay as the result of: (1) The presence of any hazardous, toxic or otherwise illegal substances or materials located or placed on the Leased Premises prior to the term of this Mineral Lease, including without limitation any concrete rubble; and, (2) The presence of any such substances which flow onto, enter or permeate the Leased Premises from adjacent properties regardless of when suche-vent_happened in the-pastor happens in the future, unless such event is caused by the Lessee. 33. Fixtures and Equipment. Lessee shall maintain the Leased Premises in good order and repair. At the end of the term of this Mineral Lease or any renewal hereof, Lessee shall quit and surrender the premises in as good condition as when received by Lessee, mining excavations, related activities and normal wear and tear excepted. In the event that Lessee fails to maintain the Leased Premises as required herein, Lessor shall have the right, but not the obligation, to perform such maintenance and/or repairs, and Lessee shall promptly reimburse Lessor for its costs in providing such maintenance and/or repairs. Within sixty (60) days after the termination of this Mineral Lease, the Lessee shall, without unnecessary waste or injury to the Leased Premises, remove all of the Lessee's personal property therefrom, which personal property shall be deemed to be owned by the Lessee so long as the same is removed within such period of time. 34. Mechanic's Liens. Lessee shall not permit any mechanic's liens or other liens to be placed upon the Leased Premises during the term of this Mineral Lease, and in the case of the filing of any such lien, Lessee shall promptly pay same; however, Lessee shall have the right to contest the validity or amount of any such lien. Lessee agrees to pay all legal fees that might be incurred by Lessor because of any mechanic's liens or other liens placed upon the Premises. If the Lessee elects to contest the validity or amount of any such lien, the Lessee may do so only after posting a bond in substitution for the lien on the Leased Premises_in accordancewith-the- provisions- of 3-8=22-31 Colorado Revised Statutes. 35. Right To Pay Liens. If any indebtedness of the Lessor, including taxes, secured by a lien against the Leased Premises is not paid when due and the Lessee reasonably deems its leasehold interest in the Leased Premises to be in jeopardy, the Lessee may, at its option and without being required to do so, pay the same. Any and all such payments shall be credited against any Sand And Gravel Royalties due to the Lessor hereunder. 36. Right To Cure Violations. If the Lessor is deemed to be in violation of any federal, state or local statute, law, ordinance, regulation or rule, and fails to cure or remedy such violation, the Lessee may, at its option and without being required to do so, cure or remedy any such violation, with the reasonable cost of such cure or remedy to be reimbursed to the 11 - Sm+z&Miler/➢712061 982160 Lessee as a credit against Sand And Gravel Royalties. This section shall not apply to any such violations caused by the conduct or activities of the Lessee or its agents. 37. Destruction Of Leased Premises. In the event the Leased Premises are totally destroyed during- the- term or extended- term hereof or become unusable for the Lessee's contemplated use and operations hereunder, this Mineral Lease shall terminate. 38. Condemnation. If all or substantially all of the Leased Premises is taken under the power of eminent domain or conveyed under threat of condemnation proceedings, then, and in that event, either party may cancel this Mineral Lease by giving the other party written notice within thirty (30) days after such taking or conveyance, and said termination shall be effective fifteen (15) days after such notice is received. If less than substantially all of the Leased Premises is so taken, the Mineral Lease shall not terminate unless the Lessee's use of the Leased Premises and operations thereon are rendered not feasible in the Lessee's reasonable discretion. Any condemnation proceeds shall be divided so that the Lessor receives the total condemnation award for the Leased Premises less the value-of the-Lessee's leasehold interest, which amount shall be paid to the Lessee. Upon request of the Lessor, the Lessee shall promptly provide the Lessor with any information requested concerning the Lessee's lost revenues, moving expenses, lost business opportunities and other expenses caused by such condemnation proceedings. The Lessee agrees to accept a negotiated settlement between the condemning authority and Lessor for above related expenses. 39. Subordination. Lessee hereby agrees that its leasehold interest hereunder is and shall be subordinate to any deeds of trust or mortgages now on, or hereafter to be placed on the Leased Premises, provided that so long as (i) the Mineral Lease remains in full force and effect, and (ii) the Lessee is not in default under this Mineral Lease, the Lessee's quiet possession of the Leased Premises shall remain undisturbed by the Lessee or the holder of any-deed-of trust- or mortgage. 40. Termination. In the event the Lessee fails to pay any Advance Royalties, Sand And Gravel Royalties when due, this Mineral Lease shall be terminated upon (i) the Lessor's notice to the Lessee that such royalties have not been paid, and (ii) the Lessee's failure to pay such royalties within twenty (20) days of the date of such notice. The Lessee shall not be required to continue mining operations on the Leased Premises if(i) it determines in good faith that the Leased Premises cannot be profitably mined for sand and gravel, and (ii) the Lessor is notified of such determination. Upon the giving of any such notice, this Mineral Lease shall be canceled-and-terminated,_pravided that the Lessee shall be required to pay any royalties then due the Lessor. 41. Surrender Of Possession Upon Termination. At the termination of this Mineral Lease at the end of the term or otherwise, Lessee shall surrender and redeliver the Leased Premises to Lessor. 42. Assignment and Subletting. T'ne Lessee-stall have-the-right to assign this-Mineral Lease and/or sublet the Leased Premises with the written consent of the Lessor, provided that SmR&Miller/971206A - 12 - 982160 (i) such consent shall not be unreasonably withheld, and (ii) the Lessee shall remain liable under this Mineral Lease notwithstanding any such assignment or subletting. 43. Real Estate Commissions. The parties mutually represent and warrant to each other that no real estate or other broker or finder has been employed or retained in connection with this Mineral Lease. 44. Notices. Any notices required or permitted hereunder shall be in writing and delivered to the other parry or the other parry's authorized agent, either in person by a courier service providing a delivery receipt or by United States certified mail, return receipt requested, postage fully prepaid, to the addresses set forth hereinafter, or to such other addresses as either party may have designated in writing, and delivered as herein provided: a. If to Lessor: Mr. Frank S. Bigelow, Trustee Mrs. Andrea P. Bigelow, Trustee 990 East Highway 119 Longmont, CO 80504 b. If to Lessee: (1) Mr. Richard M. Mergens CAMAS Colorado, Inc., Cooley Gravel Division 3605 S. Teller St. Lakewood, CO 80235 (2) R. Gregory Stutz Stutz & Miller 825 Logan Street Denver, Colorado 80203 Either party may change the person and address for notices by sending the appropriate notice pursuant to this section. 45. Lessee's Default. Any of the following events shall constitute a default under this Mineral Lease by the Lessee: a. The failure by the Lessee to pay when due rent or other sums required to be paid according to the terms of this Mineral Lease; b. The failure by the Lessee to perform or comply with the covenants, terms and conditions set forth in this Mineral Lease, provided that the same are not cured within thirty (30) days after written notice thereof from Lessor to Lessee, provided that Lessee's time to cure such default shall be extended for such additional time as shall be reasonably necessary if (i) Rutz&Miller/9712061 - 13 - 982160 Lessee proceeds with due diligence during period to cure any such default and is unable by reason of the nature of the work involved to cure the same within such period, (ii) such extension of time shall not subject Lessor or Lessee to any liability, civil or criminal, and (iii) the interest of Lessor in this Mineral Lease or the Leased Premises shall not be jeopardized by reason thereof; c. The commencement, after the date hereof, of voluntary bankruptcy, insolvency, readjustment, liquidation, dissolution, assignment for the benefit of creditors or similar relief proceedings by the Lessee; d. The adjudication of the Lessee as a debtor in any involuntary bankruptcy proceedings; e. The appointment of a trustee, receiver or liquidator for the Lessee or a substantial part of its properties; f. The failure of the Lessee to comply with any and all mining permits currently in place. 46. Lessor's Remedies. In the event of a default under this Mineral Lease by the Lessee, the Lessor shall have the following rights at Lessor's election, following notice to the Lessee: a. To re-enter and take possession of the Leased Premises and all personal property therein and to remove Lessee; b. To commence proceedings against the Lessee to (i) recover possession of the Leased Premises, (ii) royalties and any other amounts due under this Mineral Lease, and (iii) damages for any default under or breach of this Mineral Lease by the Lessee. 47. Lessor's Default. The failure by the Lessor to perform or comply with the covenants, terms and conditions set forth in this Mineral Lease shall constitute a default, provided that the same is not cured within thirty (30) days after written notice thereof from Lessee to Lessor, provided that Lessor's time to cure such default shall be extended for such additional time as shall be reasonably necessary if(i) Lessor proceeds with due diligence during period to cure any such default and is unable by reason of the nature of the work involved to cure the same within such period, (ii) such extension of time shall not subject Lessor or Lessee to any liability, civil or criminal, and (iii) the interest of Lessee in this Mineral Lease or the Leased Premises shall not be jeopardized by reason thereof. 48. Lessee's Remedies. In the event of a default under this Mineral Lease by the Lessor, the Lessee shall have the following rights at Lessee's election, following notice to the Lessor: Stun&Miler/971206A - 14 - 982160 a. To take as a credit against Advance Royalties, Sand And Gravel Royalties the amount reasonably necessary to compensate the Lessee for expenses and/or damages incurred in curing the Lessor's default or breach of this Mineral Lease; b. To commence proceedings against the Lessor to recover damages for any default under or breach of this Mineral Lease by the Lessor. 49. Waiver. No waiver of any breach of any one of the conditions or covenants of this Mineral Lease by Lessor or Lessee shall be deemed to imply or constitute a waiver of any other condition or covenant of this Mineral Lease. The failure of either party to insist on strict performance of any condition or covenant, herein set forth, shall not constitute or be construed as a waiver of the rights of either or the right thereafter to enforce any other default of such condition or covenant; neither shall such failure to insist upon strict performance be deemed sufficient grounds to enable either party hereto to forego or subvert or otherwise disregard any other term, provision, condition or covenant of this Mineral Lease. 50. Dispute Resolution. In the event a dispute of any kind or nature arises under or in connection with this Mineral Lease, the parties shall negotiate in good faith in an effort to resolve the dispute. If the dispute is not resolved following good faith negotiations, the parties shall select a mutually agreeable arbitrator and submit the dispute to such arbitrator for binding arbitration in Longmont, Colorado within forty-five (45) days under the Commercial Arbitration Rules of the American Arbitration Association. In the event the parties are unable to agree upon the arbitrator, the arbitrator shall be appointed by the District Court for the county in which the Leased Premises are located. Arbitration of any dispute under this agreement shall proceed even though there may be related disputes involving third parties which cannot be arbitrated, such as mechanic's lien claims, arising out of transactions involving the parties to this agreement. The arbitration award may be enforced in any court of competent jurisdiction in the State of Colorado, in accordance with the provisions of the Colorado Uniform Arbitration Act, Rule 109 of the Colorado Rules of Civil Procedure and/or any other statute or rule permitting an arbitration award to be enforced. 51. Duty To Deal In Good Faith. The parties shall have the obligation to deal with each other in good faith with respect to this Mineral Lease. 52. Governing Law, Jurisdiction, Venue. This Agreement shall- be construed anti- enforced in accordance with the laws of the State of Colorado and each of the parties hereto hereby agree that proper venue for any action between the parties shall be in the District Court for the county in which the Leased Premises are located, provided that nothing in this provision shall affect the right of either party to submit any dispute hereunder to arbitration. 53. Attorney's Fees And Costs. In the event of any arbitration or legal proceedings brought as the result of a dispute under this Mineral Lease, the prevailing party, as determined by the arbitrator or the court, shall be entitled to its reasonable attorney's fees and costs. Sturz&Miller/9712061 - 15 - 9821.60 54. Successors. All of the terms, conditions, covenants and provisions set forth in this Mineral Lease shall inure to the benefit of and be binding upon the heirs, legal representatives, successors, executors and permitted assigns of the parties. If the original Lessor sells all or a part of the Leased Premises, it shall be relieved of all further obligations under the terms of the Mineral Lease with respect to the portion of the Leased Premises sold, it being the express understanding of the parties that those obligations shall run with the land and be binding upon the successors and/or assigns of the Lessor. 55. Lease Memorandum To Be Recorded. Upon the execution and delivery of this Mineral Lease, the parties shall also execute, deliver and record a written Memorandum hereof. 56. Entire Agreement. This Mineral Lease constitutes the entire agreement of the parties hereto. No representations, promises, terms, conditions, obligations or warranties whatsoever referring to the subject matter hereof, other than those expressly set forth herein, shall be of any binding legal force or effect whatsoever. No modification, change or alteration of this Mineral Lease shall be of any legal force or effect whatsoever unless in writing, signed by all the parties hereto. 57. Severability. In the event any provision or any portion of this Agreement shall be held invalid, illegal or unenforceable under applicable law, the remainder of this Agreement shall remain valid and enforceable. 58. Section and Other Headings. The section and other headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. 59. Lessee's Authority and Liability. If Lessee is a corporation, each individual executing this Mineral Lease on behalf of such corporation represents and warrants that he or she is duly authorized to execute and deliver this Mineral Lease on behalf of such corporation in accordance with its articles and by-laws, and that this Mineral Lease is binding upon such corporation. ANDREA PIERCE BIGELOW LIVING TRUST By: Frank Scott Bigelow, tee By: & hp''�Al Andrea P. igelow,al'rustee Stwz&Mater/971206A - 16 - 9821f 0 CAMAS COLORADO, INC., COOLEY GRAVEL DIVISION By: s Rieels d M. Mergens Vice President & General TQanager Stutz k MNkr/9711061 17 - 9821.60 EXHIBIT A TO: MINERAL LEASE LESSOR: AINDREA PIERCE BIGELOW LIVING TRUST LESSEE: CAMAS COLORADO, INC COOLEY GRAVEL DIVISION, an Indiana LEGAL DESCRIPTION TRACT A A TRACT TT OF LAND LOCATED IN PARTS OF HE SEI/4 OF SECTION 7• T THE NEI/4, THE W1/ „ E1 2 OF THE S OTT TIE E3 UE-W1/2 OF T Oi T C ION4. AND THE NORTHEAST CO HE NWI/4 OF SECTION 17; AND A S HE S W IA G SECTION ; A PART NO P. M., RNER OF SECTION 18; ALL IN TOWNSHIPMIL TRIANGULAR PARCEL OF THE FOLLOWS:WELD COUNTY COLORADO,BEING MORE 2 NORTH, ARTICUL RANGE 68 WEST The ARLYDESCRIBED AS THE NORTHI3EG LI T�NORTHWEST CORNER OF SE INSTRUMENT/NEOTHE WW1/4 OF SAID SECTION SECTION BEAR S R68 W: AND CONSIDERING RECORDS, RECORDED IN BOOK 1340,RECEPTION NO. 22 46 OF THE ' PER WITH ALL OTHER BEARINGS RELATIVE THERETO, THENCE S00°41'04" WELD COUNTY THE E 139.79 FEET TO A POINT ON T COLORADO STATE HIGHWAY 119 AND THE TRUE SOUTH BEGINNING: POINT OF BEG OF WAY LINE OF THENCE S00°39'03"E, 1186.41 FEET TO THE SO INNING. NWI/4 OF SAID SECTION 8; SOUTHWEST CORNER OF THE WWI/4 OF THE THENCE S88°38'23 E, 132 .194 F } WEST SWCE SOFS S FEET TO THE NORTHEAST CORNER OF SAID SECTION 8; SAID SECTION 8; HEAST CORNER OF TIE THENCE SOl°13'49"W 2720.05 FEET TOT NW I/4 OF TIE S W I/4 OF SAID SECTION 8: HE SOUTHEAST CO THENCE ALONG THEE �R OF THE S W 1/4 OF TIE R68 W., SO0°38'32"W, 203.91 LINE OF THE NWl/4 OF THE NW1/4 OF SECTION 17, T.2.N., THENCE N88°33'39"W FEET; FEET TO A POINT ON BURLINGTON NORTHERN9RgILROAD RIGHT-OF-WAY,THE CENTERLINE OF AN ABANDONED ABANDONED PER INSTRUMENT RECORDEDS OF-WAY OF TIE WELD CORIGHT- , THENCE FOLLOWING SAY RECORDS; IN BOOK 1493,RECEPTION NO. 2439262 THENCE CONTINUING G SAID CENTERLINE N50°46'31"W RADIUS IS TINUI5 ALONG SAID 1035.8E PEA'; THENCE FEET,AND WHO ONA CURVE 3. TIE L98 F WHOSE ALONG THE WEST LINE OF THE EI/2 OF T BEARS SEI/4 2 SECT N01° ET DI 1478.76 FEET TO A POINT HE OF SECTION 7,98 FEET; OUTLET DITCH; THENCEIN T�CENTERLINE OF THE T.2N.,R 68 W„ UNION RESERVOIR N52°1 ALONG 116.25 FEET; OF SAID DITCH THE FOLLOWING N35°52'30" N49 33'IS"W Ig0,14FEET;N46°31'04gg.91 FEET: THENCE S88°8'1256V FEET, URSES: CORNER OF SECTION' 947.88 FEET TO A POINT II,I SST VRgIN CREEK AND THE CORNER 102.09OF 7,T.2N.,R68 W., SAID LINE PASSING THENCE ALONG A LET INE PASSING SAID CENTER THROUGH A WTTNE CENTER PASSING T CORNER; 300.19NCFEET FROM SAID THROUGH TWO SOUTH RIGHT_ CENTER CORNER N00(56 WITNESS CORNERS,240.2E FEET AND NORTH QUARTER WAY LINE OF COLORADO STATE HIGHWAY FEET TO A THENCEARTER CORNER OF SAID AY 119,FROM POINT ON TIE SAID SOUTH SECTION 7 BEARS FOLLOWING 141.08 FEET; TIE N88°15'ALONG S I FEET; RIGHT-OF-WAY LINE THE FOLLO 165.E?FEET; N 4.1 ET' S66 43'25"E,165.41 FEET;N88°15'35"E,K 99 78 FEET; CO 15'07"E, 1382.56 FEET TIETO COURSES: TRUE POINT SET: N63 16'S0 E, SAID DESCRIBED PARCEL CO OF BEGINNING. RECORD OANy R OR RIGHTS-OF-WAY AS G 12.94 ACRES MORE OR LESS. AND IS SUB AS NOW EX c-n•c ,. _ _GRANTED 9s2160 OR RESER Vtn av n Tr--SUBJECT TO EXHIBIT B TO: MINERAL LEASE LESSOR: ANDREA PIERCE BIGELOW LIVING TRUST LESSEE: CAMAS COLORADO, INC., COOLEY GRAVEL DIVISION, an Indiana corporation LEGAL DESCRIPTION TRACT B A TRACT OF LAND LOCATED IN THE NW 1/4 OF THE NW 1/4 OF SECTION 17, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P. M., WELD COUNTY, COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SECTION 8,T.2N., R68W; AND CONSIDERING THE NORTH LINE OF THE NW 1/4 OF SAID SECTION 8 TO BEAR S88°18'18"E, PER INSTRUMENT RECORDED IN BOOK 1340, RECEPTION NO. 2292346 OF THE WELD COUNTY RECORDS, WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE S00°41'04"E, 139.79 FEET TO A POINT ON THE SOUTH RIGHT-OF WAY LINE OF COLORADO STATE HIGHWAY 119; THENCE S00°39'03"E, 1186.41 FEET TO THE SOUTHWEST CORNER OF THE NW 1/4 OF THE WW1/4 OF SAID SECTION 8; THENCE S00°38123"E, 1326.14 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 8; THENCE S88°22'50"E,1305.94 FEET TO THE NORTHEAST CORNER OF THE NW I/4 OF THE SWI/4 OF SAID SECTION 8; _ THENCE S01°13'49"W,2720.05 FEET TO THE SOUTHEAST CORNER OF THE SW1/4 OF THE SW1/4 OF SAID SECTION 8; THENCE ALONG THE EAST LINE OF THE NW 1/4 OF THE NW 1/4 OF SECTION 17,T.2.N., R.68W., SOO°38'32"W, 203.91 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE EAST LINE OF THE NW 1/4 OF THE NW 1/4 OF SAID SECTION 17, S00°38'32"W, 1011.80 FEET TO A POINT ON THE CENTERLINE OF AN ABANDONED RAILROAD RIGHT-OF-WAY, SAID RIGHT-OF-WAY ABANDONED PER INSTRUMENT RECORDED IN BOOK 1493,RECEPTION NO. 2439262 OF THE WELD COUNTY RECORDS; THENCE FOLLOWING SAID CENTERLINE, N50°47'32"W, 1651.83 FEET; THENCE LEAVING SAID CENTERLINE, S88°33'39"E, 1291.68 FEET TO THE TRUE POINT OF BEGINNING. SAID DESCRIBED PARCEL CONTAINS 15.00 ACRES MORE OR LESS, AND IS SUBJECT TO ANY EASEMENTS OR RIGHTS-OF-WAY AS GRANTED OR RESERVED BY INSTRUMENTS OF RtCORD, OR AS NOW EXISTINCON SSA1r1JtSCRIBEITPARCEL O1=LANt 982160 a (it n Veld Cogt. PlaWeittiCounty Referral JUN 1 2 1993 May 20, 1998 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Andrea Bigelow/Frank Scott Case Number 2nd AmUSR-877 Trustee and Living Trust Please Reply By June 10, 1998 Planner Julie A. Chester Project Site Specific Development Plan and Special Review Permit for a Gravel Mining Operation. Legal Part of Sections 7 and 8 and part of Sections 17 and 18, T2N, R68W of the 6th P.M., . Weld County, Colorado. --Location- North-of-Weld-County-Road-20-1/2-and-south-o€-Highway 119; one-mile-west-of- Weld County Road 7 and east of Weld County Road 1. Parcel Number 131308000028, 131307000044, and 131307000049 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Current Planner associated with the request. Weld County Planning Commission Hearing (if applicable) July 7, 1998 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑/We have reviewed the request and find no conflicts with our interests. td See attached letter. Comments: Signature '" reAT , MC (-4-$L, Date .3'-s a e_ 1 ( eq Agency Cc&P& et. eMS% &cm-5 +Weld County Planning Dept. +1400 N. 17th Ave.Greeley,CO. 80631 +(970)353-6100 ext.3540 +( EXHIBIT 1 Af 982160 6NT O ys� aFt DEPARTMENT OF THE ARMY z CORPS OF ENGINEERS, OMAHA DISTRICT o q M TRI-LAKES PROJECT OFFICE, 9307 STATE HWY 121 LITTLETON, COLORADO 80123-6901 gut�. REPLY TO <4 TES ATTENTION OF June 9, 1998 Ms. Julie A. Chester Weld County Department of Planning Services Weld County Administrative Offices 1400 North 17th Avenue Greeley, Colorado 80631 RE: Andrea Bigelow/Frank Scott Gravel Mining, Case Number 2nd AmUSR-877, Corps File #199880428 Dear Ms. Chester: Reference is made to the Andrea Bigelow/Frank Scott Trustee and Living Trust Gravel Mining Operation. The project is located in part of Sections 7 & 8, and parts of Sections 17 and 18, Township 2 North, Range 68 West, Weld County, Colorado. Before any work at this site begins which may involve the excavation in or the discharge of dredged or fill material into streams or wetlands, the property should be examined for wetlands pursuant to Section 404 of the Clean Water Act. Any wetlands should be delineated and mapped. This office should be contacted by a proponent of the project for proper Department of the Army permits or changes in permit requirements prior to any work in an existing wetland or stream. Please find the attached list of Environmental Consultants who may assist in the wetland delineation and mapping. We need to advise you that the U.S. Fish and Wildlife Service (USFWS) has listed the Preble's meadow jumping mouse (Zapus hudsonius preblez) as a Federal threatened species under the Endangered Species Act of 1973. This species occurs in low undergrowth in open wet meadows and riparian corridors, or where tall shrubs and low trees provide adequate cover, in sites below 7,400 feet elevation in certain areas in Colorado and Wyoming. For projects in these areas, a survey to determine the presence or absence of potential suitable habitat must be made. If potential habitat is present, then a trapping survey must be conducted. Results of the habitat determination and trapping survey must be approved by the USFWS before the Corps of Engineers-can-issue authorization for work within waters of the United States in these areas. I have enclosed a list of qualified wildlife consultants for Preble's surveys and a copy of the survey guidelines. 982160 -2- If there are any questions concerning this matter, please contact Mr. Terry McKee at 303-979-4120 and reference Corps file #199880428. Sincerely,��p �fi Agi -CtO cik by, Timothy T. Carey Operations Manager Enclosure 982160 . lilt)\ [r._•. i :v I- 1_v\ ,L. .C` „e iancs c.ecermtnations & delineations. This list is not compiled to endorse any rnecific consultant PEGGY ANDERSON MR KELLY S. GOLFER 420 Sunset Street DAVID JOHNSON Western Bionomics, LLC Western Ecological Resource, Longmont; CO- 80501 3037 Wells Fargo Drive (303) 776-4636, 545-2910Inc. Fort Collins, CO 80521 711 Walnut Street FAX (303) 776-4636 Phone/Fax (970) 221-9136 Boulder, CO 80302 SAMUEL A. BAMBERG, ALLEN CROCKETT (303) 449-9009 PhD FAX (303) 449-9038 Schafer & Associates, Inc. Bamberg Associates 801 14th Street STEVE JOHNSON 26050 E. Jamison Cir. Golden, CO 80401 Riverside Technology, Inc. Aurora, CO 80016 (303) 216-1600 2290 East Prospect Rd, Ste 1 (303) 690-7402 FAX (303) 216-1316 Fort Collins, CO 80525 FAX (303) 680-9203 JEP'NBREY L. DAWSON (970) 484-7573 ELISABETH A. BENJAMIN FAX (970) 484-7593 Woodward-Clyde Consultants Brown and Caldwell Stanford Place 3, Suite 1000 ALLISON JONES 7535E Hampden Ave, Ste 403 4852 S. Ulster Street Parkway MDG Inc. Denver, CO 80231-4838 Denver, CO 80237 (303) 743-5400 (303) 694-2770 820 Santa Fe Drive Denver, CO 80204 FAX (303) 743-5454 STEVEN DOUGHERTY (303) 571-5787 ERIC BERG FAX (303) 571-5788 ERO-Resources-Corporatiotr Wildland Consultants, Inc. 1842 Clarkson St DEBORAH KEAMMERER 622 East 8th Street Denver, CO 80218 Keammerer Ecological Loveland, CO 80537 (303) 830-1188 Consultants, Inc. (970) 635-2436 FAX (303) 830-1199 5858 Woodboume Hollow Rd DENNIS BLINKHORN SCOTT ELLIS & PHIL Boulder, CO 80301 (303) 530-1783 6496 Manila Rd. HACKNEY Goshen, OH 45122 FAX (303) 581-9219 ENSR (513) 625-3721 1601 Prospect Parkway Y STEPHEN G. LONG TED BOSS Fort Collins, CO 80525 STEVE WERT (970) 493-8878 Cedar Creek Associates, Inc. T.R. Boss Consulting FAX (970) 493-0213 916 Wilshire Avenue 308 Milkyway Fort Collins, CO 80525 Fort Collins, CO 80525 GRANT E. GURNEE' (970) 493-4394, 229-9278, (970) 223-5145 Aquatic & Wetland Company 223-0775 FAX (970) 223-5145 1655 Walnut St Ste 205 FAX (970) 493-4394 Boulder, CO 80302 DAVID L. BUCR (303) 442-5770 GARY R. LAKE ESCO Associates FAX (303) 442-8133 P.O. Box 18775 Terranext 165 South Union Blvd. Boulder, CO 80308 CLIFF HAM Union Tower, Ste 1000 (303) 447-2999 Foundation & Soils Lakewood, CO 80228 FAX (303) 499-4276 Engineering, Inc. (303) 914-1775 5110 Granite, Suite D FAX (303) 914-1709 JANE BUNIN, PhD Loveland, CO 80538 Natural Science Associates (970) 663-0138 DAVID MEHAN 4814 W. Moorehead Cir. FAX (970) 663-1660 Wright Water Engineers Boulder, CU 80303 2490 W. 26th Avenue, Ste (303) 499-5014 LOREN HETTINGER, PhD 100A FAX (303)-4994276- Dames&-Moore Denver, CO 80211 First Interstate Tower North (303) 480-1700 LORI CARPENTER 633 Seventeenth St., Suite 2500 FAX (303) 480-1020 Huffman & Associates, Inc. Denver, CO 80202-3625 3969 S. McCarron Blvd. (303) 294-9100 Reno, NV 89502 FAX (303) 299-7901 (702) 828-1991 FAX (702) 828-2302 992160 JOSE-MARIA MERINO, PETER L. SMITH PhD Sugnet &Associates engineering-environmental 1422 Delgany Street, Suite 47 Management, Inc. (e2M) Denver, Colorado 80202 7000 S. Yoseite, Suite 295 (303) 436-0951 Englewood, CO 80112-2004 FAX (303) 436-0953 (303) 721-9219 FAX (303) 721-9202 BRUCE D. SNYDER Parsons Engineering-Science, PATRICK H. MURPHY Inc. Ecotone Corporation 1700 Broadway, Suite 900 1554 North Street Denver, CO 80290 Boulder, Colorado 80304-3514 (303) 831-8100 (303) 444-4358 FAX (303) 831-8208 ERIK OLGEIRSON, PhD MIKE STANTON 4440 Tule Lake Drive Quaternary Environmental Littleton, CO 80123 Consulting (303) 347-8212 1210 South Park Drive FAX (303) 347-8348 Monument, CO 80132 (719) 488-2769 MARY L. POWELL ERO Resources Corporation DAVID STEINMANN 1842 Clarkson St Professional Wetlands Denver, CO 80218 Consulting (303) 830-1188 20 Rim Road FAX (303)830-1 i99 Boulder, CO 80302 (303) 444-1715 QUINT REDMOND FAX (303) 443-6141 TSR-Ternary Spatial Research 3450 Clay Street JACKSON D. SUMMERS Denver, Colorado 80211 I.D. Summers & Associates 1-888-458-8554 1930 W. Madison Vandalia, IL 62471 MARK RUDOLPH 2069 Fairfax St. PETER SWIFT Denver, CO 80207 Swift & Associates (303) 329-0978 421 21st Ave, Suite 212 FAX (303) 291-8272 Longmont, CO 80501 (303) 772-7052 DAVID RUX FAX (303) 651-7226 Contra Ltd. 8795 Ralston Rd, Ste 240 DARCY A. TIGLAS Arvada, CO 80002 Tiglas Ecological Services (303) 431-0505 5015 Swainsona Drive Loveland, CO 80537 MICHAEL S. SAVAGE (970) 635-9183 Savage and Savage, Inc. 464 West Sumac Ct. GARY TUTTLE Louisville, CO 80027 PAM ACRE (303) 666-7372 Tuttle Applegate Inc. I1 FAX (303) 665-6808 11990 Grant St, Ste 410 Denver, CO 80233 RANDY SCHROEDER (303) 452-6611 Greystone Development FAX (303) 452-2759 Consultants 5990 Greenwood Plaza Blvd., Ste 250 Englewood, CO 80111 (303) 850-0930 • FAX (303) 721-9298 INTERIM SURVEY GUIDELINES FOR PREBLE'S MEADOW JUMPING MOUSE Revised May 27, 1997 These survey requirements supersede previous versions. On March 25, 1997, the U.S. Fish and Wildlife Service (Service) issued a proposed rule to list the Preble's meadow jumping mouse (Zapus hudsonius preblet) (Preble's) as a Federal endangered species under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et. seq.) (ESA). The Service has one year from that date to reach a final decision regarding this proposal. The Service has established the following interim guidelines for surveys to determine the presence or absence of Preble's. These guidelines were developed by the Service and the Colorado Division of Wildlife (CDOW), the Colorado Natural Heritage Program, the Department of Energy's Rocky Flats Environmental Technology Site, in consultation with other biologists, ecologists, and researchers knowledgeable about this subspecies. The guidelines are designed to supplement, not substitute for, professional methods, expertise, and judgement typically used to conduct surveys of rare small mammals. Because the subspecies is rare, relatively little is known about its habitat preferences, ethology, and population ecology. These interim survey guidelines are designed to gain more thorough information about the subspecies, identify potential Preble's habitats, ensure protection of individuals of this subspecies during surveying efforts, and streamline and standardize survey procedures. Furthermore, these guidelines were developed as the standard that the Service will require in order to accept the validity of surveys and survey reports prepared for Preble's. • These guidelines will be reviewed and modified as needed. Copies of the revised guidelines will be distributed to all field biologists working on appropriate areas of eastern Colorado and southeastern Wyoming under scientific permits from the Division or the Wyoming Game and Fish Department (WGFD). Documentation of compliance with these guidelines is accomplished through submission to the Service of a survey report. For proposed projects requiring a U.S. Army Corps of Engineers (Corps) permit, the appropriate Corps office should be sent a copy of the report. The Service will review submitted reports and reply with a written letter of acceptance or rejection of the report within 30 days of receipt of the report. All-Federal-agencies-have-responsibility-under section 7(a)(4) of the ESA to protect proposed endangered and threatened species and the habitats on which they depend. For projects where a-Federal-nexus-exists (Federal permit, Federal funding, projects on Federal land)- and there is potential affect on Preble's or its habitat, and the Federal action agency should contact the Service. In addition, the Service encourages all Federal agencies to review their properties and projects and make funds available to conduct Preble's surveys in all potential habitat. 982160 Zapur hudsonius preblei Interim Survey Guidelines, May 27, 1997 2 It is imperative to make project proponents aware of the presence of Preble's should it be listed prior to the time that all actions related to any project are completed. Section 9(a)(l) of the ESA prohibits the take (i.e., harass, harm, pursue, hunt, shoot, kill, wound, trap, capture, or collect, or to attempt to engage in any such conduct) of federally endangered or threatened species, except as provided in sections 6(g)(2) and 10 of the ESA. If Preble's is listed while a project is impacting it or its habitats, the ESA would enter into effect to protect Preble's. 1. QUALIFICATIONS OF SURVEYOR Few people have had the opportunity to become acquainted with the subspecies. While the Service does not want to exclude any qualified person from assessing potential Preble's habitat or conducting trapping surveys, a set of criteria has been developed to demonstrate whether a surveyor is qualified. Documentation that these criteria have been met is accomplished by submitting a statement of surveyor qualifications to the Service prior to thrartnal field effort. In addition, to conduct trapping surveys in Colorado or Wyoming, a surveyor must obtain a permit from Kathy Konishi, CDOW (970) 945-4717 or Russ Pollard, WGFD (307) 777-4585, respectively. The statement of qualifications of an individual proposing to conduct surveys on Preble's or potential Preble's habitat should contain: a. Description of zoologicallbiological expertise and training (e.g., a graduate degree in ecology, botany, zoology, mammalogy, or other appropriate discipline is recommended; a bachelor of sciences in these or other related disciplines is required); b. Experience in conducting small mammal surveys (list dates, locations, and species included in previously conducted surveys) with emphasis on Zapodids; c. Actions taken to become acquainted with the known habitats, appearance of Preble's, and trapping techniques (such as reviewing existing literature on Preble's, contacting and visiting with resident zoologists and recearchers knowledgeable on the subspecies, studying museum specimens and photographs of Preble's, and especially, assisting experienced Preble's surveyors during their trapping efforts); and d. References, particularly documenting contact with known Preble's experts. While surveys, and in particular trapping studies, often necessitate participation by more than one person, a qualified surveyor should be on site at all times during setting and checking of traps. 2. AREAS REQUIRING A SURVEY The following areas in Colorado and Wyoming have been determined to have high probability Zapus hudsonius preblei Interim Survey Guidelines, May 27, 1997 3 of occurrence of Preble's based on current and historical records of the subspecies. Surveys are recommended where suitable habitat exists (below 7,400 feet elevation) within these areas: a. Boulder, Douglas, El Paso, and Jefferson Counties in Colorado; b. The South Platte River 100-year floodplain and tributaries (and their associated wet meadow complexes) in Adams, Arapahoe, Denver, Elbert L.arimer, Morgan, and Weld Counties, from the Front Range as far east as Fort Morgan, in Colorado; and c. The North Platte River, South Platte River, and Lodgepole Creek 100-year floodplains and tributaries (and their associated wet meadow complexes) east of the Laramie Mountains and south of the North Platte River (northwest to Douglas) in Albany, Converse, Goshen, Laramie, and Platte Counties in Wyoming. 3. HABITAT DESCRIPTION AND SITES REQUIRING A SURVEY A definitive study of the ecological distribution of Preble's in Colorado and adjacent Wyoming has never been conducted. Data suggest that habitats occupied by Preble's fall within the broad description of habitats of the species, low undergrowth consisting of grasses, forbs, or both in open wet meadows and riparian corridors or where tall shrubs and low trees provide adequate cover. It prefers lowlands with medium to high moisture over dry uplands. Preble's is known to occur in agricultural, as well as natural, landscapes; in mesic vegetation along irrigation canals as well as natural drainages, and in areas dominated by introduced as well as indigenous grasses and other plant species. For a summary of information on habitat used by Preble's, please obtain a copy of "Report on Habitat Findings of the Preble's Meadow Jumping Mouse" (1997, edited by Mark Bakeman), available from the Service's Colorado Field Office. Sites below 7,400 feet occurring within the areas described in Section 2 in or near wet meadows (both natural and those created by seeps from man-made structures such as dams, irrigation canals, etc.), native hayfields, stream channels (perennial and intermittent), riparian habitats, or floodplains should be surveyed for Preble's. 4. SITES NOT REQUIRING A SURVEY Some sites are either clearly not appropriate Preble's habitat or have very low potential to be Preble's habitat. A survey for Preble's is not recommended for such sites. Sites (below 7,400 feet elevation) occurring within the areas described in Section 2 and falling within general habitat guidelines as described in Section 3, which do not requiring a survey for Preble's include: a. Highly disturbed or modified sites such as: 992160 Zapus hudsonius preblei Interim Survey Guidelines, May 27, 1997 4 1. landscaped and maintained (mowed) lawns; 2. portions of stream channels diverted underground, armored with concrete, or covered with riprap so as to exclude significant vegetation; and 3. irrigation ditches with little or no vegetation. b. Upland sites, including, for example, short-grass prairie and prairie dog colonies. c. Sites entirely composed of dense stands of cattails. d. Sites continually occupied by and maintained as cropland (except native hayfields). e. Sites at least 100 feet away from suitable Preble's habitat (except where secondary impacts are likely). Project sites can not be addressed from a narrowly defined "cookbook" perspective. A series of factors influence the decision as to whether a survey is required at a particular project site. These factors include but are not limited to: the quality and quantity of habitat present at the site, quality and quantity of habitat nearby (especially upstream and downstream within the same drainage), isolation or connectivity of the project site to other potential habitat, history of Preble's occurrence in the immediate area or within the drainage, nature of proposed project, and the potential extent of direct, secondary, or cumulative impacts the project may cause. A project occurring in poor or marginal habitat but having potential to disrupt a travel corridor (such as a road crossing of a creek) is of concern. In such a case it may be desirable to survey higher quality habitat nearby rather than, or in addition to, surveying the immediate project site. The question of secondary impacts from proposed projects must also be considered. Projects removed from potential Preble's habitat that have the potential to adversely impact the habitat may also require a survey. For example, a residential or commercial development upslope from a creek supporting potential Preble's habitat may significantly increase runoff or otherwise-impact-the hydrology, and thereby the-habitat-present on the creek. In such an instance, presence of Preble's within the secondary impact area should be determined. Because of the complexities hinted at above, a qualified surveyor familiar with Preble's and capable of assessing project impacts must make the decision as to whether a particular project requires a trapping survey. If there is a question as to whether a site requires a survey, contact the Service. 1. NOTIFICATION The U.S. Fish and Wildlife Service, Colorado Natural Heritage Program, ancL CDOW (as appropriate) shall-be notified immediately if a new population of Preble's is discovered. For sites located in Colorado, the surveyor shall notify: Judy Sheppard or Jennie Slater Chris Pague Colorado Division of Wildlife Colorado Natural Heritage Program 6060 Broadway College of Natural Resources, Denver, Colorado 80216 254 General Services main (303) 291-7272, 291-7367 Colorado State University facsimile (303) 294-0874 Fort Collins, Colorado 80523 main (970) 491-1309 facsimile (970) 491-3349 Peter Plage In Wyoming: Mary Jennings U.S. Fish and Wildlife Service U.S. Fish and Wildlife Service Colorado Field Office Wyoming Field Office P.O.-aux_23486 4000 iviorrie Avenue DFO, Denver 80225 Cheyenne, Wyoming 82001 main (303) 275-2370 main (307) 772-2374 facsimile (303) 275-2371 facsimile (307) 772-2358 12. SERVICE APPROVAL Survey reports for sites in Colorado and Wyoming should be submitted to the respective Service office listed above within 30 days from the end of the survey. The Service will review submitted reports and reply with a written letter of acrPptance or rejection of the report within 30 days of receipt of the report. If a trapping survey is judged insufficient, the Service will make every effort to notify the author promptly so that a satisfactory trapping survey may be completed during the allowed survey time. However, given the narrow trapping survey time window, it may not be possible to rectify an inadequate survey effort during the same field season. Surveys will be considered final for 1 year. If habitat alteration has not begun within 1 year, the Service must be contacted regarding the need for a survey update. 13. SERVICE FOLLOW-UP 98?160 Wildlife Consultants For Preble's Surveys (This list is not compiled to endorse any consultant and is not necessarily complete) Mark Arnold Colorado Natural Heritage Bob Stoecker American Geological Services Program Stoecker Ecological Services 13701 W. Jewell Ave #263 Chris Pague, Director 279 Forest Lane Lakewood, CO 80228 College of Natural Resources Boulder, CO 80302 303-988-1845 254 General Services Bldg. 303 141-3979 Fort Collins, CO 80523 Mark Bakeman 970-491-1150 Ensight Technical Services Rick Thompson 1750 30th Street, Suite 215 Allen Crockett Western Ecosystems, Inc. Boulder, CO 80301 Schafer &Associates, Inc. 905 West Coach Road 303-543-9524 801 14th Street Boulder, CO 80302 Golden, CO 80401 303-442-6144 Sarah Barnum/ Leslie Ellwood (303) 216-1600 Dames & Moore FAX (303) 216-1316 First Interstate Tower North A ison Jone 633 Seventeenth St., Ste 2500 Pete Davis / Bruce Snyder lIDG c. • Denver, CO 80202-3625 Parsons Engineering Science 820 Sa Fe Drive 303-299-7989 1700 Broadway, Suite 900 Denver 80204 Denver, CO 80290 303— 1-578 Tim Baumann 303-831-8100 F 303-571-5 8 Western Consulting Group 156 Mesa Drive Alison Deans Evergreen, CO 80439 16241 West 14th Avenue 303-674-9724 Golden, CO 80401 303-278-8879 Ron Beane 181 Plum Creek Place Steve Dougherty Littleton, CO 80126 ERO Resources 303-470-7598 1842 Clarkson Street Pager 461-0798 Denver, CO 80218 303-830-1188 Bruce Bevirt Environmental Investigations Carron Meaney Inc. 777 Juniper Avenue 11781 Ranch Elsie Road Boulder, CO 80304 Golden, CO 80523 303-444-2299 303-642-3957 Thomas Ryon Mike Bonar PTI Environmental Services Greystone 4940 Pearl East Circle, Ste 300 5231 South Quebec St Boulder, CO 80301 • Greenwood Village, CO 80111 303-966-3657 or 674-2419 (303) 850-0930 Terry Schulz 1218 Pomegranate Lane Golden, CO 80401 303-526-1461 982160 ts40t ,t , Weld County Planning Dept. MEMORANDUM JUN 181998 : l/ED CTO: Julie A. Chester, W.C. Planning DAT e , FROM: Sheble McConnellogue, W.C. Health Department COLORADO CASE NO.: 2ndAMUSR-877 NAME: Bigelow, Andrea/Scott, Frank Trustee & Living Trust Environmental Protection Services has reviewed this proposal;the following condtions are recommended to be part of any approval: 1) All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2) No permanent disposal of wastes shall be permitted a this site. 3) Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 4) Fugitive dust shall be controlled on this site. 5) The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A), as measured according to 25-12-102,Colorado Revised Statutes. p � �», �\ D�a,�, .. {" tk.fit kcsar� t� FAD /. 6) ANPOES Permit-shall-be a�e-Qu i ien-ofitheColorado-_ ADepartment of ltb for any prop fliscliarge into—State Waterways. /� 7 The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the 4, facility area in a manner that will prevent nuisance conditions. et� i 1 c^ ',rye t--�( , r �p'l� �� , Air Pollutionl j 8) 'An Air Emission Notice and emission permit shall be a from the Air Poll©et,on / Control Division of the Colorado Department ofPublic Health for emissions from the mining operations. The site shall operate in accordance with all applicable rules and regulations of the Air Pollution Control Division. N' 9) The operator shall submit a dust abatement plan for approval to both the W.C. Planning Department and the W.C. Health Department. 10) No permanent structures are proposed for this site. Portable toilets maybe utilized on sites which are temporary locations of the working face and portable processing equipment,etc. for up to six months at each location. 11) Drinking water shall be supplied at the aggregate processing plants by delivered bottled water. 12) The facility must comply with the rules and regulations of the Colorado Division of Minerals and Geology. 13) No mining shall occur in the Phase 2 area until a permit is obtained from the U.S. A s of Engineering. EXHIBIT SM/vh3940 _ _ 482160 d "` retr,...„) RECEIVED MAY 2 i 1998 'Weld County PlatNekitCounty Referral JUN U 9 1993 May 20, 1998 COLORADO ,r '> <, 4 .. The Weld County Department of Planning Services has received the following item for review: Applicant Andrea Bigelow/Frank Scott Case Number 2nd AmUSR-877 Trustee and Living Trust Please Reply By June 10, 1998 Planner Julie A. Chester Project Site Specific Development Plan and Special Review Permit for a Gravel Mining Operation. Legal Part of Sections 7 and 8 and part of Sections 17 and 18, T2N, R68W of the 6th P.M., Weld County, Colorado. Location North of Weld County Road 20-1/2 and south of Highway 119, one mile west of Weld County Road 7 and east of Weld County Road 1. Parcel Number 131308000028, 131307000044, and 131307000049 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Current Planner associated with the request. Weld County Planning Commission Hearing(if applicable) July 7, 1998 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature ��titll(/ �hnIA.LQ\�U Date 6 _ 3 - c13j Agency Pui L.t r(r„VCflQitO,� +Weld County Planning Dept. +1400 N. 17th Ave.Greeley,CO.80631 <(970)353-6100 ext.3540 +( aril 982160 MEMORANDUM 1 TO: Julie Chester, Current Planner DATE: June 4,1998 CFROM: Don Carroll, Engineering Administrator P+'� COLORADO SUBJECT: 2nd AmUSR-877; Andrea Bigelow/Frank Scott Trustee and Living Trust The Weld County Public Works Department has reviewed this proposal; the following requirements are recommended to be a part of any approval: COMMENTS: This gravel mining operation is within the Mixed Use Development area. This is an existing sand and gravel operation located just north of WCR 20.5 and south of State Highway 119. Weld County and the gravel operators in the area have a Road Maintenance and Improvements Agreement in place and copies have been included in the packet. The traffic plan for Distel Farm Operation, Camas America, is now being held by the applicant who is hereby requesting a change in the agreement to allow traffic to move both east and west from the access point on WCR 20.5. The director and staff who monitor the gravel haul routes in the Rinn area have verified that the applicant will be responsible for the additional western route on WCR 20.5, as well as the existing haul routes. Access: In Exhibit N, Source of Legal Right-to-Enter, the applicant states there is an attached document identifying the lease agreement between CAMAS and the landowners, indicating the applicant's legal right-to-enter the property for mining purposes. The existing access should be utilized as no additional accesses will be granted. During my field investigation, I observed trucks beating out the inside corner of the asphalt when turning to the west. REQUIREMENTS: After observing truck traffic utilizing the haul route on WCR 20.5 to the west, I would recommend that an acceleration lane be placed adjacent to WCR 20.5. This would accommodate the turning radius and the slow moving gravel haulers to gain speed prior to entering the main travel lane. Future development is planned directly west of the proposed gravel mining expansion operation and additional traffic will be utilizing this road as their main access to the development. The applicant should work with The Public Works Department in determining lane width, length, and taper to accommodate the facility. 'held Count;' Manning Dept. • cc: Commissioner Webster 2nd AmUSR-877 JUN U 9 1998 plan4 v! -ram 982160 - 2b H ' toWeld County Piannin.9 DePt. f Weld County Referral JUN (' 4 199� May 20, 1998 REGEIVED COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Andrea Bigelow/Frank Scott Case Number 2nd AmUSR-877 Trustee and Living Trust Please Reply By June 10, 1998 Planner Julie A. Chester Project Site Specific Development Plan and Special Review Permit for a Gravel Mining Operation. Legal Part of Sections 7 and 8 and part of Sections 17 and 18, T2N, R68W of the 6th P.M., Weld County, Colorado. Location North of Weld County Road 20-1/2 and south of Highway 119, one mile west of Weld County Road 7 and east of Weld County Road 1. Parcel Number 131308000028, 131307000044, and 131307000049 The-application-is-submitted-toryou-forreview-and-recornrnerrdation: Anycornrnents-orrecommendatiorryou- consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Current Planner associated with the request. Weld County Planning Commission Hearing (if applicable) July 7, 1998 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ Wey have reviewed the request and find no conflicts with our interests. C9 See attached letter. Comments: Signature Ot,s, L � Date co- Z -9 g Agency 1 . U,ew J - r re_ (-)(NA-, EXHIBIT •Weld County Planning Dept. 41400 N. 17th Ave.Greeley,CO.80631 4(970) 353-6100 ext.3540 4(970) EXHIBIT 999/C0 1:414 rvIOUNTAIN VIEW FIRE PRO ACTION DISTRICT Administrative Office: ,I i a 9119 County Line Road • Longmont, CO 80501 Al (303) 772-0710 Metro (303) 666-4404 FAX (303) 651-7702 June 2, 1998 Ms. Julie Chester Weld County Planning Department 1400 North 17th Avenue Greeley, CO 80631 Dear Ms. Chester: I have reviewed the submitted material pertaining to the Development Plan and Special Use Permit for the Bigelow/Scott property (Case Number: 2nd AmUSR-877), located north of Weld County Road 20.5 and south of Highway 119. The proposed gravel operation is within the boundaries of the Mountain View Fire Protection District and receives service from the District. The Fire District has no objections to the project if the requirements of the District can be met. The Fire District has adopted the 1994 Edition of the Uniform Fire Code and the activities of the gravel operation will be covered by this Code. The principal applications of the Code to a gravel operation will be for tank installations for flammable or combustible liquids, fueling operations, vehicle repair, welding, and any use of hazardous materials. Tanks installed for flammable or combustible liquid storage or dispensing, either temporary or permanent, need to be installed in accordance with the requirements of the Uniform Fire Code and plans for the installation must be reviewed and approved by the Fire District prior to installation. We appreciate being involved in the planning process. Should you have any questions, please contact me at 303-772-0710. Sincerely, C5CikC LuAnn Penfold Fire Marshal LMP/1p cc: Camas Colorado Inc., Cooley Gravel Division, 3605 S. Teller Street, Lakewood, 80235 project file file 1006.03.98 Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 9119 Cnty One Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run P.O.Box 666 P.O.Box 40 Longmont,GO Longmont,CO 299 Palmer Ave. 6500 Niwot Road Lafayette,CO 600 Briggs 100 So.Forest St. 80501 80504 Mead,CO 80542 Niwot,CO 80544 80026 Erie,CO 80516 Dacono.CO 80514 982160 St. Vrain Valley Scho` _ District RE-1J 395 South Pratt Parkway • Longmont • CO • 80501-6499 303-776-6200/449-4978 • FAX 303-682-7343 Weld ountif Mann clog Dept. June 2, 1998 JUN 0 4 1998 Julie Chester, Staff Planner Weld County 1400 N. 17th Ave. Greeley, CO 80631 RE: Distel Farm Project Site Specific Development Plan and Special Review Permit for a Gravel Mining Operation Dear Julie: Thank you for referring the Distel Farm Project Site Specific Development Plan and Special Review Permit for a wel Mining Operation application to the School District for review. Although it is unclear whether there will be ,uture residential use after reclamation, it appears that this application is solely for a mining operation. Without a residential component there would be no impact to the School District, thus, the School District would not be in opposition to this proposal. If at some point future plans are submitted for residential lots the District will review the student impacts and the cash-in-lieu requirements. Students from any future residential unit in this area would attend Mead Elementary, Mead Middle and Skyline High Schools under the current attendance boundaries. The capacity and enrollment information for the schools is identified below: THIS PROPOSED DEVELOP 1995-97 DEVELOPMENT PROPOSALS' Building Oct. 96 Student Projected Over Total # of Total Cum. Over Cap W/ t�oacity cs_enrollment Enrollment Can, prof. Stdnts• 95-97 Day Elementary 456 537 0 537 Yes 2307 2844 yes (-2388) Middle 349 328 0 328 No 1053 1381 Yes (-1032) High 1299 1191 Q 1191 No 1371 2562 Yes (-1263) 0 4731 (SEATS AVAIL.) Please let me know if there is any other information I can provide to Weld County. Sincerely, t AtriX Scott Toillion, AICP Planning Specialist MOUT 982160 I a "Excellence - Our Only Option" RFfrRim MAR 1 7 1998 COIORADO SRK-DENVER HISTORICAL SOCIETY The Colorado History Museum 1300 Broadway Denver,Colorado 80203-2137 March 11, 1998 Kathryn Cloutier, M. S. Project Scientist Steffen Robertson & Kirsten 7175 W. Jefferson Avenue, Suite 3000 Lakewood, Colorado 80235 Re: Camas Colorado, Inc. Cooley Gravel Division Distel Farm Resource Sand & Gravel Mine Dear Ms . Cloutier: This office has reviewed your correspondence of February 25 , 1998 concerning the expansion of the above proposed gravel mine. Based on the map you submitted we have determined that the Sandstone Ranch, 5WL712 , is within the area of potential effect for this mining operation. This ranch is listed on the National and Stag Register of Historic Places. See the enclosed map showing the boundaries of this site. The Division of Minerals and Geology will need to determine the effect the Distel project will have on this historic resource. Thank you for the opportunity to comment on this project. If we may be of further assistance please contact Jim Green at (303) 866- 4674 . peru. n M. Collins eputy State Historic Preservation Officer State Archaeologist JEH/WJG A EXHIBIT I 982iC 3 • 09/20/1998 12:51 2026519759 CITY LONGMONT PARKS PAGE 01 AUG-13-98 THU 03:41 PH PETRr '1 WHITE LLC FAX NO. 30382 33 P. 03/06 PETROS & WHITE Lcc ATTORNEYS AT LAW ti THE EQUITABLE BUMMING sAnee L.?MOIL At. S730 SEVENTEENTH STREET Camas Want 17BNv&A. CO ITE 820RADO 0?02•i51$ TELEPHONE (303)325•1980 Travn1L.SHBoPSH�E FACSIMILE (303)825-I983 August 13, 1998 Vl&flcSIMILE. ORIGINAT TO FOLLOW BY U.S.MAU Mr. Michael C. Refer Manager CAMAS-Colotado,-Inc._ 3605 South Teller Street Lakewood, Colorado 80235 Re: Sandstone Property Mineral Lease/City of Longmont Dear Mike, The City of Longmont staff requcsted that I send you this letter to respond to your July II, 1998 letter to Paula Fitzgerald. In that letter,you proposed that the City allow CAMAS to proceed wilt interim mining on Phase I of the Sandstone property. The City is pleased that CAMAS is excited about the opportunity to connect the mining and reclamation plans of the Sandstone property with the Distal From and the Longmont landfill property(about 120 acres south of the St.Wain River). As discussed later in this letter,the City would like to broaden this approach to include the Tull property owned by CAMAS,and also the Sherwood and Perth,'1 properties, consistent with CAMAS' existing lease obligations with the landowners of those properties. As you suggest,such a combined mining and reclamation plea has the potential of creating a multiple use,riparian park and community resource that would be a source of pride for both the City and CAMAS It would also maximize the potential there for water storage or for treatment ponds_ At the same time,CAMAS would benefit from increased mining efficiencies and mined aggregates, The City would also assist CAMAS to obtain the long-tern water required for reclamation. Given these objectives, the City is agreeable to allowing interim mining by CAMAS to proceed on Phase I of the Sandstone property. The City's consent is subject to the following terms and conditions,which have been revised in accordance with our discussions following my earlier letter(August 6, 1998)to you: — —— —— — PosWt'"brand fax transmittal memo 7671 =gal fi tl�f'tt!!!.1:(8^.Ca gam-. o : :► arial 0Aridr.w ` . P EXHIBIT 982160 I eisisv 08/31/98 12:58 TX/RX NO.2 ■ 08/30/1999 12:51 3036519759 CITY LONGMONT PARKS PAGE 02 AUG-13-98 THU 03:42 P11 PETRI \ WHITE LLC FAX NO. 30382' 33 P. 04/08 Mr.Michael C. Refer August 13, 1998 Page 1, Phase.I Anoroval. The City will approve CAMAS' Phase !Mine Plan of approximately 1.4 miliian tons on the western portion of the Sandstone property and the creation of a pond no larger than 30 surface saes. Phase I mining will be completed within three years. A detailed site plan map will be drawn by CAMAS and incorporated as an axhiibit to a lease addendum. This lease addendum to the Mineral Lease dated December 24, 1997,will be executed by the parties as soon as possible and will incorporate the terms set forth in this letter.The site plan exhibit should show the mutually appncved rivet setbacks,pond contours and slopes,and other reclamation details. This plan would be a"stand-alone"mining and reclamation plan, independent of whether a Phase iI plan is approved by the parties for the property. CAMAS shall furnish the City copies of all regulatory applications and supporting documents,referral responses by other agencies,pennies,and all other records of decisions. 2. AddIgonal Rived setheck. CAMAS' will increase the river setback from 50'to 100'. 3. Simon etntectinn CAMAS will incorporate into the reclamation a buried ripaap section of City-supplied broken concrete at the meander point ideatf$ed in the tea thwest corner of Phase I along St.Wain Creek. 4. Trail Alignment CAMAS will incorporate a trail alignment in as Phase I plant at a location acceptable to the City. 5. Fehsnced Ve;etetio . At its expense, CAMAS would revegetate the reclaimed areas of Phase I with vegetation enhancements over and above the previously specified dry p ssland seeding. CAMAS will couuaiaeion an ecological consultant to develop=enhanced vegetation plan for review and approval by the City that includes native plant material(1.5 inch caliper tees,#5 size shrubs and willow staking) buffering along the St. Vrain Creek and a wag dryland seed mix for upland areas. CAMAS' obligation for the buffer plant material will not exceed$20,000, which amount will not include the cost of the seed mix. 6. jjydorical Survey. As part of Phase I,CAMAS will commission an historical and archeological survey for the Sandstone property south of the river. The City's historical survey for the site north of the river will be Ihrnished by the City to CAMAS. 1. grAdialiirrisi Species Surveys. CAMAS has performed a the Ladies Tresses Orchid Survey and a Noble Meadow Jumping Mouse Survey over both the Phase 1 and Phase 2 sites and other affected sites. These surveys disclosed no such affected species. CAMAS shall provide to the City copies of the surveys and a description of the st'vey areas. CAMAS will also provide to the City documentation of compliance with all applicable regulatory requirements,and it will consult with the City regarding any required mitigation measures. 982169 08/31/98 12:58 TX/RX NO.2211 P.002 ■ 08/30/199e 12:51 3036518759 CITY LONGMONT PARKS PAGE 03 AUG-13-98 THU 03:42 PM FETRI 1 WHITE LLC FAX HO. 30382 33 P. 05/08 Mr. Michael C. Refer August 13, 1998 Page 3 3. Revision to Overburden Placement on 15-Acres The City and CAMAS will commit to working together with the Bigelows to eliminate or substantially reduce the placement of overburden on the 15-acre tract reserved by the Bigelows,so as to preserve this overburden for reclamation purposes at the mining site. Pending resolution of this issue, any surplus material from the Phase I mining will be stockpiled on the Phase I site. 9. C ate Rsrlamation Anticline. The City is concerned that combined reclamation bonding for properties other than the Sandstone property may expose Sandstone to a.potential shottfall in the event other properties are not reclaimed properly. CAMAS will separately bond for reclamation on this Sandstone property,including the additional S20,000 enhanced vegetation costs as discussed in paragraph 5. 10. Fatimanalltility for Permanent Agepientatinn Plan The parties currently disagree as to which party has the obligation under the Mlneral Lease to adjudicate a permanent augmentation plan for water seeded to complete the reclamation of the Sandstone property. In consideration of the royalty increase set forth herein,the City will assume the primary responsibility and costa of such an adjudication, but CAMAS at its expense will cooperate with the City in this adjudication and furnish data as needed on its mining and reclamation The City's obligation to supply water in this regard shall not exceed the limits established in the original Mineral Leases namely the water credits derived from the Coffin Davis Ditch tights historically attached to the Sandstone property and up to an additional 38-acre feat per year. 11. ;Loyalty Them. Royalties for the Mineral Lease on Sandstone shall be increased to 550 per ion:atrhtrbegmamu ofthird year and-meh year thereafter,royalties-will llars.cta bx 2.594 each year. I2. Commitment to Development of an integrated Mine and Reclamation Plan. After appropriate consultations with the City,CAMAS shall develop and propose to dr City an integrated mining and reclamation plan("Primary Plan")far the Sandstone,Distil.and Longmont landfill properties and a proposed lease on the landfill property. For this purpose.the City shall designate a steering committee of City staff and consultants to meet with CAMAS and its consultants at least once a month. Oa or before October 1, 1998,the City will notify CAMAS whether it wishes to proceed with studying the option of an impervious pond(s)on the properties and,if so,the approximate size.configuration and other physical attributes of the pond(s). CAMAS will prepare an alternate mining and reclamation plan("Alternate Plan")which will incorporate the City's election,if any, for an impervious pond. Both the Primary Plan and the Alternate Plan(if applicable)will be completed and submitted to the City for consideration and comparison on or before February 1, 1999. Mining can only commence on the Phase II of the Sandstone property and on the Longmont landfill property after the City's approval of a pion for these properties and a miring lease on the laad.3U property,and after CAMAS obtains air regulatory approvals for such a plan. If the parties do not reach agreement on or before April I, 1999.all rights of CAMAS to mine Phase Worths Sandstone property shall bttmminated, 982160 08/31/98 12:58 TX/RX NO.2211 P.003 08/30/1998 12:51 3036518759 CITY LONGMONT PARKS PAGE 04 AUG-13-98 TRU 03:43 PM PETRC WHITE LLC FAX NO. 30382E 13 P. 06/06 Mx. Michael C. Refer August 13, 1998 Page 4 CAMAS will complete mining and will reclaim the Phase I Sandstone property in accordance with the approved "stand-alone"plan for Phase I. 13. Mining Sra snip. The integrated mine and reclamadonn plan will provide for the completion of mining ou the Sandstone, Distal,and landfill properties within ten years from the date of the lease addendum. l4. Sherwood and peschell Prooe tiea/Reciamation Modifications To the extent penititned by its lease with Sherwood,and to the extent it can negotiate such terms in its prospective lease of the Paschall property.CAMAS agrees to modify its reclamation plans for these properties so as to be as compatible as post ale with the approved plans for the Sandstone property and the St.vain Greenway Trail Project. 15. Distal Farm and Tull Pam. As part of the development of the integrated mine and reclamation plan, CAMAS will consider and propose terms for the conveyance to the City of the Distal Fenn, as well as the integration of the proposed mine on the Tull Pc and its conveyance to the City as a large reservoir upon reclamation For these purposes,if the properties are conveyed to the City,it may be assumed that the City will bear responsibility for supplying water for reclamation and bear the costs of water conrt adjudication,provided the historic water rights on the properties are also conveyed to the City. Please respond in writing whether CAMAS agrees to these terms. The parties can then reduce these tenna to a lease addendum. This addendum will be subject.to City council approval and appropriate corporate approval by CAMAS. If this letter is acceptable to CAMAS,the City will send a letter this week to Weld County and the State DM0 consenting to the resumption of the permit process and requesting the approval of permits for Phase I consistent with the Mineral Lease and these additional terms. Sincerer Raymond L. Petros,Jr. 1 RLP:cav cc: Mr.Phil I7eWVecchio(via facsimile) Mr. Dale Rademacher " Ms.Barbara Rune: Mr.Don Ressler Ms.Paula Fitzgerald Tay Rourke, Esq. 982160 08/31/98 12:58 TX/RX NO.2211 P.004 ■ Hello