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Home My WebLink About20191423RESOLUTION RE: APPROVE REQUEST OF MARTIN MARIETTA MATERIALS, INC., (SUCCESSOR OF LAFARGE WEST, INC.) FOR EXTENSION OF TIME TO COMMENCE OPERATIONS PERMITTED UNDER AMENDED USE BY SPECIAL REVIEW PERMIT, AMUSR-1259 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on May 2, 2007, the Board approved the application of Lafarge West, Inc., 1800 North Taft Hill, Fort Collins, Colorado 80521, for a Site Specific Development Plan and Amended Use by Special Review Permit, AMUSR-1259, for a Mineral Resource Development Facility, including a Concrete and Asphalt Batch Plant, Concrete Casting Facility, Recycling Plant, Materials Blending, Import of Materials, and Gravel Mining, in the A (Agricultural) Zone District on the following described real estate, being more particularly described as follows: N1/2 of Section 13; SE1/4 NW1/4 of Section 12; the east 30 acres of the SW1/4 SE1/4 of Section 12; S1/2 of the east 60 acres in the SW1/4 of Section 12; W1/4 SW1/4 SE1/4 of Section 12; NW1/4 SE1/4 of Section 12; the east 30 acres of the NE1/4 SW1/4 of Section 12; part of the N1/2 NE1/4 of Section 24; E1/2 SE1/4 of Section 12, all in Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado, and W1/2 NW1/4 of Section 18; W1/2 SW1/4 of Section 18; Lots A and B of Recorded Exemption #2347, being part of the NW1/4 of Section 19; Lots 1 and 2 in the SW1/4 of Section 19; part of the W1/2 SE1/4 of Section 19; part of the NW1/4 SE1/4 of Section 19; W1/2 SW1/4 of Section 7, all in Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, and WHEREAS, by Resolution #2012-1338, dated May 30, 2012, the Board granted a two- year extension of time to commence operations, until April 16, 2014; and by Resolution #2014-1338, dated April 16, 2014, the Board granted a five-year extension of time, until April 10, 2019, to the current property owner, Martin Marietta Materials, Inc., 1800 North Taft Hill Road, Fort Collins, Colorado 80521, for an extension of the requirement to commence operations under Amended Use by Special Review Permit, AMUSR-1259, and c c,•, t-c-rP),CprCi?s->,PpP1.. 4125/n 2019-1423 PL1477 REQUEST FOR ADDITIONAL EXTENSION OF TIME TO COMMENCE OPERATIONS PERMITTED UNDER AMUSR-1259 - MARTIN MARIETTA MATERIALS, INC., (SUCCESSOR OF LAFARGE WEST, INC.) PAGE 2 WHEREAS, on April 10, 2019, the Board has been presented with a request from Martin Marietta Materials, Inc., for an additional extension of time for the requirement to commence operations under Amended Use by Special Review Permit, AMUSR-1259, and WHEREAS, the Board heard all of the testimony and statements of those present and reviewed the request of the applicant and, having been fully informed, finds that this request be approved, with operations to commence on or before April 10, 2021. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Martin Marietta Materials, Inc., for an additional extension to commence operations related to Site Specific Development Plan and Amended Use by Special Review Permit, AMUSR-1259, for a Mineral Resource Development Facility, including a Concrete and Asphalt Batch Plant, Concrete Casting Facility, Recycling Plant, Materials Blending, Import of Materials, and Gravel Mining, in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted, with operations to commence on or before April 10, 2021. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of April, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COORADO ATTEST:ATTEST: idatifwo (l ;� Weld County Clerk to the Board BY: Deputy Clerk the Boar arbara Kirkmeyer,'Chair ea P. Conwa Mike Freeman, Pro -Tern (AYE) (AYE) (NAY) APED AS (AYE) James County-`orney � � � ��f (AYE) Steve Moreno Date of signature: y/1Coi1�1 2019-1423 PL1477 OL1flO TO: DATE: CC: DEPARTMENT OF PLANNING SERVICES MEMORANDUM Weld County Board of County Commissioners April 1, 2019 Bruce Barker, Weld County Attorney Dawn Andersen, Dept. of Public Works Lauren Light, Dept. of Public Health and Environment FROM: Tom Parko, Director Department of Planning Services SUBJECT: Request for an extension of time for AmUSR-1259 APPLICANT: Martin Marietta Materials, Inc. LEGAL DESCRIPTION: Part of the WY of Section 19, Township 1 North, Range 66 West of the 6th PM. LOCATION: West of Highway 85 and generally located north of CR 6 and south of SH 52. ZONE DISTRICT: A (Agricultural) NARRATIVE: A Site -Specific Development Plan and Use by Special Review Permit #1259 for an open cut gravel mining operation and concrete and asphalt batch plants in the A (Agricultural) Zone District — Mobile Pre -Mix Concrete, Inc. Background Information: AmUSR-1259 was approved by the Board of County Commissioners in May 2007. The conditions of approval have been addressed and the plat was recorded on April 10, 2009. In May of 2012, the applicant Martin Marietta Materials, requested additional time before they started operations and the BOCC granted them until April 9, 2014. The applicant requested a second extension on March 14, 2014 for an additional five (5) years which was granted by the Board on April 16, 2014. The five-year period expires on April 10, 2019. Therefore, Martin Marietta Materials is once again requesting additional time before they commence operations. In their letter dated March 21, 2019 the applicant states, " Lafarge previously owned/leased the properties associated with the USR referenced above. Per Item 47 in the Development Standards for AMUSR #1259, Lafarge was to commence mining within 3 years of the approval and recording of the plat. The plat was recorded 4/10/2009 so mining needed to commence on or before 4/9/2012. Martin Marietta assured responsibility for this property on December 9, 2011. We have previously requested an extension to the commencement date on two separate occasions. Commencement of operations has previously been extended by the County Commissioners to 4/10/2019. As stated in the past, we are currently mining on the east side of Hwy 85. On the enclosed aerial, please see the area labeled Lupton Lakes Pit/Riverbend East Pit highlighted in blue. With the slowdown in the economy after this property was permitted, Lafarge was not mining out material on the east side as quickly as they had anticipated. Demand has picked back up. We have been selling over 1 million tons per year from Lupton Lakes Pit/Riverbend East Pit and should be finishing up on the east side in 2020. We have done preliminary design for the site layout and conveyor on Riverbend West USR #1259, area highlighted in green. We have put all of the conveyor design out to bid, awarded it to a local contractor and should have stamped drawings to send to a steel manufacturer for the cnnvevnrs in a Extension of time for AMUSR-1259 I Martin Marietta Materials 2019-1423 Page 1 of 2 PL tM-r7 few months. A lot of capital has been approved for the next few years to get this project up and running. Our understanding is there needs to be activity occurring on -site to consider the operations commenced. If necessary, we can begin on -site prep work for mining, if this extension is not granted. We would prefer to not disturb the grazing ground in Phase 1 of Riverbend West USR #1259, on the west side of Hwy 85, until we have a complete plan for the west side. From a community perspective with a lot of other competitors also mining in this area, we try not to open up any more ground until needed and decided to pursue one final extension to Item 47. Please accept this letter as our request for an additional 2 years to commence operations or 12 years from the original resolution." The applicant is requesting an additional two (2) years to commence operations or twelve (12) years from the original resolution. Development Standard #47 on the plat states, "In accordance with Section 23-2-200.E of the Weld County Code, if the Amending Use by Special Review has not commenced from the date of the approval or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive. The County shall initiate an administrative hearing to consider whether or grant an extension of time to commence the use or revoke the Amendment Use by Special Review. If the Amended Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of chapter 23, Division 4, of the Weld County Code in order to reestablish any Use by Special Review." Recommendation: The Weld County Department of Planning Services is in support of this request with the understanding that operation will commence on or before April 10, 2021. Extension of time for AMUSR-1259 I Martin Marietta Materials Page 2 of 2 /ia Martin Marietta March 21, 2019 Mr. Tom Parko Weld County Planning 1555 N. 17th Ave Greeley, CO 80631 RE: Commencement of AMUSR #1259, Riverbend West Pit Dear Mr. Parko: Julie Mikulas Regional Land Manager Lafarge previously owned/leased the properties associated with the USR referenced above. Per Item 47 in the Development Standards for AMUSR #1259, Lafarge was to commence mining within 3 years of the approval and recording of the plat. The plat was recorded 4/10/2009 so mining needed to commence on or before 4/9/2012. Martin Marietta assumed responsibility for this property on December 9, 2011. We have previously requested an extension to the commencement date on two separate occasions. Commencement of operations has previously been extended by the County Commissioners to 4/10/2019. As stated in the past, we are currently mining on the east side of Hwy 85. On the enclosed aerial, please see the area labeled Lupton Lakes Pit/Riverbend East Pit highlighted in blue. With the slowdown in the economy after this property was permitted, Lafarge was not mining out material on the east side as quickly as they had anticipated. Demand has picked back up. We have been selling over 1 million tons per year from Lupton Lakes Pit/Riverbend East Pit and should be finishing up on the east side in 2020. We have done preliminary design for the site layout and conveyor on Riverbend West USR #1259, area highlighted in green. We have put all of the conveyor design out to bid, awarded it to a local contractor and should have stamped drawings to send to a steel manufacturer for the conveyors in a few months. A lot of capital has been approved for the next few years to get this project up and running. Our understanding is there needs to be activity occurring on -site to consider the operations commenced. If necessary, we can begin on -site prep work for mining, if this extension is not granted. We would prefer to not disturb the grazing ground in Phase 1 of Riverbend West USR #1259, on the west side of Hwy 85, until we have a complete plan for the west side. From a community perspective with a lot of other competitors also mining in this area, we try not to open up any more ground until needed and decided to pursue one final extension to Item 47. Rocky Mountain Division — Northern Office 1800 N Taft Hill Road, Fort Collins, CO 80534 julie.mikulas@martinmarietta.com www.martinmarietta.com Mr. Tom Parko March 21, 2019 Page 2 Please accept this letter as our request for an additional 2 years to commence operations or 12 years from the original resolution. Give me a call if you have any additional questions (970-227- 4041) and we look forward to hearing when this will be before the County Commissioners. Sincerely, Julie Mikulas Regional Land Manager COPY RESOLUTION RE: APPROVE REQUEST OF MARTIN MARIETTA MATERIALS (SUCCESSOR OF LAFARGE WEST, INC.) FOR EXTENSION OF TIME TO COMMENCE OPERATIONS PERMITTED UNDER AMENDED USE BY SPECIAL REVIEW PERMIT #1259 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on May 2, 2007, the Board approved the application of Lafarge West, Inc., 1800 North Taft Hill, Fort Collins, Colorado 80521, for a Site Specific Development Plan and Amended Use by Special Review Permit #1259 for a Mineral Resource Development Facility, including a Concrete and Asphalt Batch Plant, Concrete Casting Facility, Recycling Plant, Materials Blending, Import of Materials, and Gravel Mining, in the A (Agricultural) Zone District on the following described real estate, being more particularly described as follows: N1/2 of Section 13; SE1/4 NW1/4 of Section 12; the east 30 acres of the SW1/4 SE1/4 of Section 12; S1/2 of the east 60 acres in the SW1/4 of Section 12; W1/4 SW1/4 SE1/4 of Section 12; NW1/4 SE1/4 of Section 12; the east 30 acres of the NE1/4 SW1/4 of Section 12; part of the N1/2 NE1/4 of Section 24; E1/2 SE1/4 of Section 12, all in Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado, and W1/2 NW1/4 of Section 18; W1/2 SW1/4 of Section 18; Lots A and B of Recorded Exemption #2347, being part of the NW1/4 of Section 19; Lots 1 and 2 in the SW1/4 of Section 19; part of the W1/2 SE1/4 of Section 19; part of the NW1/4 SE1/4 of Section 19; W1/2 SW1/4 of Section 7, all in Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on May 30, 2012, the Board granted the request from the current property owner, Martin Marietta Materials, 1800 North Taft Hill Road, Fort Collins, Colorado 80521, for an extension of the requirement to commence operations under Amended Use by Special Review Permit #1259 until April 9, 2014, and WHEREAS, the Board has been presented with a request from Martin Marietta Materials for an additional extension of time for the requirement to commence operations under Amended Use by Special Review Permit #1259, and WHEREAS, the Board heard all of the testimony and statements of those present and reviewed the request of the applicant and, having been fully informed, finds that this request be approved, with operations to commence on or before April 10, 2019. CC : PL C mi f+f ate u- 5/1 2014-1236 PL1477 REQUEST FOR ADDITIONAL EXTENSION OF TIME TO COMMENCE OPERATIONS PERMITTED UNDER AMUSR #1259 - MARTIN MARIETTA MATERIALS (SUCCESSOR OF LAFARGE WEST, INC.) PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Martin Marietta Materials for an additional extension to commence operations related to Site Specific Development Plan and Amended Use by Special Review Permit #1259 for a Mineral Resource Development Facility, including a Concrete and Asphalt Batch Plant, Concrete Casting Facility, Recycling Plant, Materials Blending, Import of Materials, and Gravel Mining, in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted, with operations to commence on or before April 10, 2019. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of April, A.D., 2014. BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Boa ELD COUNTY, COLORADO DouglastRademher, Chair Date of signature: 58/14 2014-1236 PL1477 MEMORANDUM TO: Board of County Commissioners DATE: March 31, 2014 A � FROM: Michelle Martin )A SUBJECT: Request for an, extension of time for AmUSR-1259 AmUSR-1259 was approved by the Board of County Commissioners in May 2007 the conditions of approval have been addressed and the plat was recorded on April 10, 2009. In May of 2012 the applicant Martin Marietta Materials request additional time before they started operations the BOCC granted them until April 9, 2014. The applicant Martin Marietta Materials is once again requesting additional time before they commence operations. In their letter dated March 14, 2014 the applicant states, "We are currently mining on the east side of Hwy 85 (Lupton Lakes Pit / Riverbend East)With the previous slowdown in the economy after the property was permitted, Lafarge was not mining out material on the east side as quickly as they had anticipated. Demand has picked back up. We are currently anticipating over 1 million tons per year in sales from Lupton Lakes Pit / Riverbend East pit. From a community relation standpoint, having two crushing operations and increased truck traffic congestion on both sides of Highway 85 and Cr 6 is not best practice. We would prefer to not start stripping Phase 1 of River bend West USR-1259 on the west side until the east side properties are close to being mined out but we will do so if necessary to secure both USR's." The applicant is requesting an additional 5 years to commence operations or 10 years from the original resolution. Development Standard #47 on the plat states, "In accordance with Section 23-2-200.E of the Weld County Code, if the Amending Use by Special Review has not commenced from the date of the approval or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive. The County shall initiate an administrative hearing to consider whether or grant an extension of time to commence the use or revoke the Amendment Use by Special Review. If the Amended Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of chapter 23, Division 4, of the Weld County Code in order to reestablish any Use by Special Review." The Weld County Department of Planning Services is in support of this request with the understanding that operation will commence on or before April 10, 2019. 2014-1236 Martin Marietta Materials Rocky Mountain Division 1800 N Taft Hill Road Fort Collins, CO 80521 Telephone: (970) 407-3600 March 14, 2014 Ms. Michelle Martin Weld County Planning 1555 N. 17th Ave Greeley, CO 80631 RE: Commencement of AMUSR #1259, Riverbend West Pit Dear Ms. Martin: Lafarge previously owned/leased the properties associated with the USR referenced above. Per Item 47 in the Development Standards for AMUSR #1259, Lafarge was to commence mining within 3 years of the approval and recording of the plat. The plat was recorded 4/10/2009 so mining needed to commence on or before 4/9/2012. Martin Marietta assumed responsibility for this property on December 9, 2011. We requested an extension to the commencement date and the county commissioners approved extending the date through 4/9/14. We are currently mining on the east side of Hwy 85 (Lupton Lakes Pit/Riverbend East Pit on the enclosed aerial). With the previous slowdown in the economy after this property was permitted, Lafarge was not mining out material on the east side as quickly as they had anticipated. Demand has picked back up. We are currently anticipating over 1 million tons per year in sales from Lupton Lakes Pit/Riverbend East Pit. From a community relation standpoint, having two crushing operations and increased truck traffic congestion on both sides of Highway 85 and CR6 is not best practice. We would prefer to not start stripping Phase 1 of Riverbend West USR #1259 on the west side (Riverbend West USR #1259) until the east side properties are close to being mined out but we will do so if necessary to secure both USRs. Please accept this letter as our request for an additional 5 years to commence operations or 10 years from the original resolution. Give me a call if you have any additional questions (970-227-4041) and we look forward to hearing from you on when this can be heard by the County Commissioners. Sincerely, 9,„,vdd, Julie Mikulas Land Manager 63pt RECEIVED 4PR 1 6 2001 RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1259 FOR AN OPEN CUT GRAVEL MINING OPERATION AND CONCRETE AND ASPHALT BATCH PLANTS IN THE A (AGRICULTURAL) ZONE DISTRICT - MOBILE PRE -MIX CONCRETE, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 14th day of March, 2001, at the hour of 10:u0 a.m. in the Chambers of the Board for the purpose of hearing the application of Mobile Pre -Mix Concrete, Inc., do Tuttle Applegate, Inc., 11990 Grant Street, Suite 304, Denver, Colorado 80233, for a Site Specific Development Plan and Use by Special Review Permit #1259 for an Open Cut Gravel Mining Operation and Concrete and Asphalt Batch Plants in the A (Agricultural) Zone District on the following described real estate, to -wit: Part of the W1/2 of Section 19, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented by Duane Bollig at said hearing, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the. Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-230.B of the Weld County Code as follows: a. Section 23-2-230.B.1 — The proposal is consistent with Chapter 22 of the Weld County Code. CM.Goal 2 states, "Promote the reasonable and orderly development of mineral resources." b. Section 23-2-230.B.2 — The proposal is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40 of the Weld County Code provides for mineral resource development facilities as a Use by Special Review in the A (Agricultural) Zone District. c : Pt „tilDi; le tre-/4%x1, /neu0/2 6L4 2001-0403 PL1477 SPECIAL REVIEW PERMIT #1259 - MOBILE PRE -MIX CONCRETE, INC. PAGE 2 c. Section 23-2-230.B.3 — The proposal will be compatible with the existing surrounding land uses. Surrounding land uses to the west and north include pasture land with limited residences. To the east is State Highway 85. A well service company is adjacent to the property on a lot which is zoned for industrial uses. To the south Asphalt Paving Company is operating a gravel mine permitted by Use by Special Review Permit #921. C & M Company is also permitted to mine gravel south of the site by Use by Special Review Permit #905. d. Section 23-2-230.B.4 — The proposed use will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by the Comprehensive Plan or Master Plans of affected municipalities. In a referral response received February 16, 2000, the City of Fort Lupton expressed concerns regarding the number of gravel mining operations existing along the State Highway 85 corridor, and the difficulties in maintaining an attractive entryway into south Weld County. The City of Fort Lupton also asked that precautions be taken in the event of a flood. These concerns have been addressed through Conditions of Approval and Development Standards. e. Section 23-2-230.B.5 — All of the site, except one small area along State Highway 85, is located within the Flood Hazard Overlay District area as shown on FEMA Panel Map #080266 0983 C. The Conditions of Approval and Development Standards address the issue of the floodplain, and ensure compliance with Section 22-5-80.E.2.d of the Weld County Code. f. Section 23-2-230.B.6 — The applicant has demonstrated a diligent effort to conserve prime agricultural land. The proposed site is designated "Other" and "Irrigated land, not prime," by the U.S.D.A. Soil Conservation Services. Being located within the One Hundred (100) Year Flood Plain also limits the agricultural productiveness of the site. Section 23-2-230.8.7 — The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval, and Development Standards ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. h. Section 23-4-250 — Additional requirements for open mining have been addressed through this application and the Development Standards will insure compliance with Section 23-4-250 of the Weld County Code. g. 2001-0403 PL1477 SPECIAL REVIEW PERMIT #1259 - MOBILE PRE -MIX CONCRETE, INC. PAGE 3 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Mobile Pre -Mix Concrete, Inc., c/o Tuttle Applegate, Inc. for a Site Specific Development Plan and Use by Special Review Permit #1259 for an Open Cut Gravel Mining Operation and Concrete and Asphalt Batch Plants in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Use by Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording. The completed plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 60 days of approval by the Board of County Commissioners. 2. Prior to recording the plat: A. The applicant shall submit a Landscape and Screening Plan to the Weld County Department of Planning Services for review and approval. The location, number, size, and species of all plant material shall be identified. The plan shall also include any berms, fencing or other screening material proposed. Any berm placed in the One Hundred (100) Year Flood Plain of the South Platte River cannot obstruct passage of flood flows. The applicant shall use breaks in the berm with landscaping to fill the void, culverts, or some other method that will allow water to flow freely. B. The City of Fort Lupton expressed concerns regarding the number of gravel mining operations existing along the State Highway 85 Corridor and the difficulties in maintaining an attractive entryway into south Weld County. To ensure an attractive appearance when mining is completed, lake number two (2) shall be reconfigured along the north and west property lines to obtain a more natural and free flowing appearance. The applicant shall submit a revised Reclamation Plan to the Weld County Department of Planning Services for review and approval. C. The applicant shall permit the existing septic systems. The Environmental Health Services Division of the Weld County Department of Public Health and Environment was unable to locate septic permits for the septic systems serving the existing homes. The systems will require an Individual Sewage Disposal System (I.S.D.S.) evaluation prior to the issuance of the required septic permits. The review shall consist of observation of the system and an evaluation of the system's ability to handle the proposed hydraulic load. In the event the system is found to be inadequate, the system must be brought into compliance with current I.S.D.S. Regulations. 2001-0403 PL1477 SPECIAL REVIEW PERMIT #1259 - MOBILE PRE -MIX CONCRETE, INC. PAGE 4 D. The applicant shall post adequate collateral and enter into a Road Maintenance and Improvements Agreement with the Weld County Department of Public Works for any additional damage that may occur on the designated haul route east to State Highway 85. E. The plats shall be amended to delineate a forty (40) foot right-of-way from the centerline of Weld County Road 6. F. The applicant shall submit to the Department of Planning Services, a copy of a signed agreement with the property's mineral owners stipulating that the oil and gas activities have adequately been incorporated into the design of the site. 3. Prior to the start of operation: A. The entrance to the plant site will be paved. The entrance and exit to the plant site shall be elevated to the same height as Weld County Road 6 to provide adequate site distance in both directions. Fifty (50) feet of paving shall be required at both approaches to Weld County Road 6 with adequate turning radii. B. A Dust Abatement Plan shall be submitted to the Weld County Department of Public Health and Environment. C. Proper building permits shall be obtained in accordance with the referral response from the Weld County Building Inspection Department dated February 1, 2000, prior to any construction, demolition, or excavation. Part of the permit application process includes a complete plan review. D. Site drawings shall be submitted to the Fort Lupton Fire Protection District for review. E. The applicant shall submit an NPDES Permit to the Water Quality Control Division of the Colorado Department of Public Health and Environment for proposed discharge into State waterways. F. An Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Public Health and Environment for emissions from the mining operations. G. Prior to operation, the applicant shall provide a Waste Handling Plan to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. The plan shall include, at a minimum, the following: 2001-0403 PL1477 SPECIAL REVIEW PERMIT #1259 - MOBILE PRE -MIX CONCRETE, INC. PAGE 5 1) To delineate on the plan an area that will be designated for disposal of inert materials. 2) A list of the inert material including the volume. 4. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued, on the property until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of March, A.D., 2001. BOARD OF CNTY COMMISSIONERS WELD CO , COLORADO ATTEST: Weld County Clerk to BY: Deputy Clerk to the APPR�i-ED : ‘FORM: oun Atto ney M. J. c eile, C air Glenn Vaad, EXCUSED DATE OF SIGNING (AYE) H. J rke cikk D_vi• E Long Robert D. Masden 2001-0403 PL1477 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS MOBILE PRE -MIX CONCRETE, INC. USR #1259 1 The Site Specific Development Plan and Use by Special Review Permit #1259 is for an Open Cut Gravel Mining Operation along with Concrete and Asphalt Batch Plants in the A (Agricultural) Zone District as indicated in application materials on file and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. All operations on said described parcel shall be in conformance with the Weld County Flood Regulations including: a. No fill, berms, or stockpiles shall be placed in the One Hundred (100) Year Flood Plain of the South Platte River which would obstruct passage of flood flows. b. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately flood proofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 4. The operation shall comply with all applicable rules and regulations of the Federal Emergency Management Agency including a Letter of Map revision if determined to be applicable. 5. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act, (Section 30-20-100, C.R.S.), shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 6. No permanent disposal of wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act (Section 30-20-100, C.R.S.), shall be permitted at this site. 7. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 8. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone District as delineated in Section 25-12-103, C.R.S. 9. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 10. Adequate toilet facilities shall be provided for the employees. 11. The facility shall operate in accordance with the approved Dust Abatement Plan at all times. The facility shall have sufficient equipment available to implement the dust control as required by the Weld County Department of Public Health and Environment. 2001-0403 PL1477 DEVELOPMENT STANDARDS - MOBILE PRE -MIX CONCRETE, INC. (USR #1259) PAGE 2 12. After six months of operation, an I.S.D.S. for the proposed office facility shall be installed according to the Weld County I.S.D.S. Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County I.S.D.S. Regulations. Portable toilets may be used for the first six months. 13. The installation of the septic system shall comply with the Weld County I.S.D.S. Flood Plain Policy. 14. The facility shall utilize bottled drinking water for employees. 15. Fugitive dust shall be controlled on the site. 16. The operation shall comply with the Occupational Safety and Health Act (OSHA). 17. The operation shall comply with the Mine Safety and Health Act (MSHA). 18. The site shall maintain compliance with all applicable rules and regulations of the Colorado Division of Minerals and Geology. 19. The facility shall comply with the Above Ground Storage Tank Regulations. 20. The site shall operate in accordance with all applicable rules and regulations of the Air Pollution Control Division, Colorado Department of Public Health and Environment. 21. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly identify the boundaries of the site. 22. Lighting provided for security and emergency night operation on the site shall be designed so that the lighting will not adversely affect surrounding property owners. 23. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and gravel operations to the hours of daylight except in the case of a public or private emergency or to make necessary repairs to equipment. The Board of Commissioners has authorized extended hours of operation during the months of September and October, to begin at 6:00 a.m. and end at 7:00 p.m. This restriction shall not apply to operation of administrative and executive offices or repair and maintenance facilities located on the property. 24. Existing trees and ground cover along public road frontage and drainage ways shall be preserved, maintained, and supplemented, if necessary, for the depth of the setback in order to protect against and/or reduce noise, dust, and erosion. 25. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the reclaimed areas. 26. Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15 of the Weld County Code. 2001-0403 PL1477 DEVELOPMENT STANDARDS - MOBILE PRE -MIX CONCRETE, INC. (USR #1259) PAGE 3 27. The access from Weld County Road 8 will not be used for hauling product. 28. If any work associated with this project requires the placement of dredge or fill material, or any excavation associated with a dredged or fill project, either temporary or permanent, in waters of the United States which may include streams, open water lakes and ponds or wetlands at this site, the Department of the Army, Corp of Engineers shall be notified by a proponent of the project for proper Department of the Army permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act. 29. The sand and gravel operation shall comply with operation policies identified in Section 23-4-250 of the Weld County Code. 30. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 31. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 32. Personnel from the Weld County Departments of Public Health and Environment and Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 33. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 34. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 2001-0403 PL1477 CiDP Weld County Planning Department GREELEY OFFICE MAY 2 9 2007 RESOLUTION RECEIVED RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW PERMIT #1259 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING A CONCRETE AND ASPHALT BATCH PLANT, CONCRETE CASTING FACILITY, RECYCLING PLANT, MATERIALS BLENDING, IMPORT OF MATERIALS, AND GRAVEL MINING, IN THE A (AGRICULTURAL) ZONE DISTRICT - LAFARGE WEST, INC. WHEREAS, the Board of County Commissioners of Weld County. Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 2nd day of May, 2007, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Lafarge West, Inc., 1800 North Taft Hill. Fort Collins, Colorado 80521, for a Site Specific Development Plan and Amended Use by Special Review Permit #1259 for a Mineral Resource Development Facility, including a Concrete and Asphalt Batch Plant, Concrete Casting Facility, Recycling Plant, Materials Blending, Import of Materials, and Gravel Mining, in the A (Agricultural) Zone District on the following described real estate, being more particularly described as follows: N1/2 of Section 13; SE1/4 NW 1/4 of Section 12; the east 30 acres of the SW 1/4 SE1 /4 of Section 12; S1/2 of the east 60 acres in the SW1/4 of Section 12; W114 SW1/4 SE1/4 of Section 12; NW1/4 SE1/4 of Section 12; the east 30 acres of the NE1/4 SW1/4 /4 of Section 12; part of the N1/2 NE1/4 of Section 24; E1/2 SE1/4 of Section 12, all in Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado, and W1/2 NW1/4 of Section 18; W1/2SW1/4 of Section 18; Lots A and B of Recorded Exemption #2347, being part ofthe NW1/4 of Section 19; Lots 1 and 2 in the SW1/4 of Section 19; part of the W1/2 SE1/4 of Section 19; part of the NW1/4 SE1/4 of Section 19; W1/2 SW1/4 of Section 7, all in Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented by Eric Reckentine at said hearing, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and 2007-1095 PL1477 ,A). / -(e r) 1%,L. O5 -.2Z5 -- 0'7 AMENDED USE BY SPECIAL REVIEW PERMIT #1259 - LAFARGE WEST, INC. PAGE 2 WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-230.B of the Weld County Code as follows: a. Section 23-2-230.8.1— The proposed use is consistent with Chapter 22 and any other applicable Code provisions or ordinances in effect. Section 22-5-80.8 (CM.Goal 2) states, 'Promote the reasonable and orderly development of mineral resources." The site currently contains two gravel operations (SUP -310 and USR-1259). Section 22-5-80.B (CM.Goal 3) states, "Minimize the Impacts of surface mining activities on surrounding land uses, roads and highways." A Traffic Study Is required to be submitted to the Department of Public Works, for review and approval, prior to recording the plat. The Department of Public Works has a Long-term Road Maintenance and Improvements Agreement with Mobile Premix, which is owned by the Lafarge Company, which is associated with the designated haul route. This document is adequate and will remain in place. The Department of Public Works will not support a change in the haul route allowing truck traffic to head west on Weld County Road 6. All truck traffic shall head east on Weld County Road 6 and utilize the light at the intersection of Weld County Road 6 and U.S. Highway 85. b. Section 23-2-230.B.2— The proposed use is consistent with the intentof the A (Agricultural) Zone District. Section 23-3-40.A.3 of the Weld County Code provides fora Site Specific Development Plan and Amended Use by Special Review Permit for a Mineral Resource Development Facility, including a Concrete and Asphalt Batch Plant, Concrete Casting Facility, Recycling Plant, Materials Blending, Import of Materials and Gravel Mining, in the A (Agricultural) Zone District c. Section 23-2-230.8.3 — The uses which will be permitted will be compatible with the existing surrounding land uses. The site currently contains two gravel operations (SUP -310 and USR-1259). The proposeduse will be compatible with surrounding properties, which include gravel operations to the south (AMUSR-921 and AMUSR-905) and to the northeast (USR-003 and USR-695), and agricultural uses to the west. U.S. Highway 85 is to the east of the site. The applicant is proposing to install a vegetated berm on the south and east sides of the plant area to shield surrounding landowners and traffic on U.S. Highway 85 from the operations. The existing cottonwood gallery to the west and north of the plant site is proposed to remain to buffer the landowners located west of the site. 2007-1095 P11477 AMENDED USE BY SPECIAL REVIEW PERMIT #1259- LAFARGE WEST, INC. PAGE 3 d. Section 23-2-230.8.4 — The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The surrounding property is primarily agricultural in nature with a few homes in the area. The site currently contains two gravel operations (SUP -310 and USR-1259). The proposed use will be compatible with surrounding properties, which include gravel operations to the south (AMUSR-921 and AMUSR-905) and to the northeast (USR-603 and USR-695), agricultural uses to the west, and U.S. Highway 85 to the east of the site. The City of Brighton, In its referral dated August 8, 2005, suggested the applicant include a primary trail as part of the site. The Cityof Fort Lupton, in its referral dated August 23, 2005, recommends approval of the application, but requests that the screening blend into the site. The City of Fort Lupton further requested the County continue to provide the City with updates and be aware of the future traffic issues at the intersection of Weld County Road 6 and U.S. Highway 85. The Cityof Fort Lupton, in its referral dated April 13, 2006, requested the applicant enter into an annexation agreement prior to the Board of County Commissioners hearing. No referral was received from Adams County. Approval of this use will not jeopardize the health, safety, or welfare of the surrounding property owners. e. Section 23-2-230.B.5 -- The application complies with Section 23-6-230 of the Weld County Code. The proposal Is located within the Flood Hazard Overlay District area as delineated on FIRM Community Panel Map #080266-00981C and Map #080266-00983C, dated September 28, 1982. Building permits issued on the lots will be required to adhere to the following fees: Effective January 1, 2003, building permits issued on the subject site will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program; and effective August 1, 2005, building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee Programs. f. Section 23-2-230.8.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The subject site is primarily classified as "prime" land and "other" land, as delineated on the Important Farmlands of Weld County Map, dated 1979. A portion of the lots are currently farmed. Section 22-5-80A.1 (CM.Policy 1.1) states, "Access to future mineral resource development areas should be considered in all land use decisions in accordance with state law. No county governmental authority which has control over zoning shall, by zoning, rezoning, granting a variance, or other official action or Inaction, permit the use of anyarea known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extractor." 2007-1095 PL1477 AMENDED USE BY SPECIAL REVIEW PERMIT #1259 - LAFARGE WEST, INC. PAGE 4 g. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240 of the Weld County Code), Operation Standards (Section 23-2-250 of the Weld County Code), Conditions of Approval, and Development Standards ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. h. Section 23-4-250 -- Additional requirements for Open -mining have been addressed through this application and the Development Standards will insure compliance with Section 23-4-250 of the Weld County Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Lafarge West, Inc., fora Site Specific Development Plan and Amended Use by Special Review Permit #1259 fora Mineral Resource Development Facility, including a Concrete and Asphalt Batch Plant, Concrete Casting Fealty, Recycling Plant, Materials Blending, Import of Materials, and Gravel Mining, in the A(Agricultural)Zone District on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. Prior to recording the plat: A. The applicant shall submit a Landscape Plan Identifying the number, size, and species of all plant material to the Weld County Department of Planning Services for review and approval. This plan shall include specifications of any proposed berms, if required. The proposed berms will be extended to mitigate impacts to surrounding properties and adjacent road rights -of -way. The applicant shall use breaks in the berm with landscaping to fill the void, culverts, or some other method that will allow water to flow freely. B. The applicant shall address the requirements and concerns of the Department of Public Works, as stated in the referral responses dated July 28, 2005, and August 12, 2005. Evidence of approval shall be submitted, in writing, to the Department of Planning Services. C. The applicant shall address the requirements and concerns of the Department of Building Inspection, as stated in the referral response dated July 12, 2005. Evidence of approval shall be submitted, in writing, to the Department of Planning Services. D. The applicant shall attempt to address the requirements acrd concerns of the West Adams and Platte Valley Soil Conservation District, as stated in the referral response dated July25, 2005, and the letter from the United States Department of Agriculture, dated January 20, 2005. Evidence of approval shall be submitted to the Department of Planning Services. E. The applicant shall attern ptto address the requirements and concerns of the City of Fort Lupton, as stated in the referral responses dated August 25, 2006, and April 13, 2006. Evidence of approval shall be submitted, in writing, to the Department of Planning Services. 2007-1095 P11477 AMENDED USE BY SPECIAL REVIEW PERMIT #1259 - LAFARGE WEST, INC. PAGE 5 F. The applicant shall attempt to address the requirements and concerns of the City of Brighton, as stated in the referral response dated August 28, 2006. Evidence of approval shall be submitted, in writing, to the Department of Planning Services. G. The applicant shall attemptto address the requirements and concerns of the Fort Lupton Fire District, as stated in the referral response dated August26, 2005, and the letter from John Dent, P.C., dated August 19, 2005. Evidence of approval shall be submitted to the Department of Planning Services. H. The applicant shall attempt to address the requirements and concerns of the Brighton Ditch Company. as stated in the referral response dated July 31, 2005. Evidence of approval shall be submitted, in writing, to the Department of Planning Services. I. The applicant shall submit a copy of site agreements with the Lupton Bottom Ditch Company to the Department of Planning Services. J. The applicant shall attempt to address the requirements and concerns of the Weld County Sheriffs Office, as stated in the referral response dated August 17, 2005. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. K. The applicant shall address the requirements and concerns of the Colorado Division of Water Resources, as stated in the referral responses dated July 18, 2005, and April 13, 2006. Evidence of such shall be submitted. in writing, to the Weld County Department of Planning Services. L. The applicant shall attempt to address the requirements and concerns of the Colorado Historical Society, as stated in the referral response dated April 10, 2006. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. M. The applicant shall address the requirements and concerns of the Colorado Department of Transportation, as stated in the referral responses dated July 15, 2005, and April 25, 2006. Evidence of such shall be submitted, in writing, to the Weld County Department of Planning Services. N. The applicant shall submit a Flood Hazard Permit to the Department of Public Works for review and approval. Evidence from the Department of Public Works that the application has been approved shall be provided to the Department of Planning Services. 0. The applicant shall provide a detailed drawing of the access points showing entrance and exit lanes with adequate turning radii, paving to the scale house area, small paved parking lot to accommodate customers, circulation pattern on the immediate area, induding employee parking, truck parking area, 2007-1095 PL1477 AMENDED USE BY SPECIAL REVIEW PERMIT #1259 - LAFARGE WEST, INC. PAGER etcetera, to the Department of Public Works. Evidence shall be submitted to the Department of Planning Services. P. The applicant shall provide the Department of Public Works with a detailed drawing of the conveyor crossing of Weld County Road 8. Q. The property has an open oil and gas building permit (OG-0020026). The permit was issued in 2000 and is facing expiration. A No Rise' Certificate is required for this permit. The applicant shall provide written evidence that the building permit has been completed. R. Evidence shall be provided to the Department of Planning Services that all vehicles located on the property are operational with current license plates, or be screened from all adjacent properties and public rights -of -way, or be removed from the property. All other items considered to be part of a noncommercial junkyard must also be removed from the property or screened from adjacent properties and public rights -of -way. S. The applicant shall submit written requests to vacate Use by Special Review Permit #913 fora recreational facility, as well as Special Use Permit #310 for gravel mining. T. Any existing septic system which is not currently permitted through the Weld County Department of Public Health and Environment will require an Individual Sewage Disposal System (I.S.D.S.) evaluation prior to the issuance of the required septic permit. In the event the system is found to be inadequate, the system must be brought into compliance with current I.S.D.S. Regulations. If, In the future, the septic system is removed for mining, the applicant shall provide written evidence to the Weld County Department of Public Health and Environment of the removal. Evidence of approval shall be submitted to the Department of Planning Services. U. The applicant shall provide current evidence thatthe facility has an adequate water supply (i.e., well or comm unity water system). Evidence of approval shall be submitted to the Department of Planning Services. V. in the event the facility's water system is a well and serves more than 25 persons on a daily basis, the water system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). Evidence shall be provided to the Weld County Department of Public Health and Environment that the system complies with the Regulations. Evidence of approval shall be submitted to the Department of Planning Services. W. The applicant shall complete all proposed improvements, including those regarding landscaping, screening, access improvements, and parking lot requirements, orenter into an Improvements AgreementAccording to Policy Regarding Collateral for Improvements and post adequate collateral for all 2007-1095 PL1477 AMENDED USE BY SPECIAL REVIEW PERMIT #1259 - LAFARGE WEST, INC. PAGE 7 required materials. The agreement and form of collateral shall be reviewed by County staff and accepted by the Board of County Commissioners prior to recording the plat. X. The plat shall be amended to delineate the following: 1) All sheets of the plat shall be labeled AMUSR-1259. 2) The on -site parking, circulation, and entrance and exit lanes, as approved by the Departments of Public Works and Planning Services. 3) The location of any on -site signs. 4) The approved Landscape, Screening, and Berm Plans. 5) Oil and Gas encumbrances, including gathering lines with appropriate setbacks, shall be delineated on the plat. 6) Setbacks to the mining operation are measured from the right-of-way or future right-of-way lines, plus the standard setback of 20 feet in the A (Agricultural) Zone District. No structure will be allowed in the future right-of-way. A slurry wall or retaining wall is considered a structure. The County has retained some rights -of -way from the 1889 Resolution. 7) Weld County Road 6 is designated on the Weld County Transportation Plan Map as a collector status road, which requires one hundred forty (140) feet of right-of-way at full buildout. There is presently sixty (60) feet of right-of-way. A total of seventy (70) feet from the centerline of Weld County Road 6 shall be delineated as right-of-way on the plat. This road is maintained by Weld County. 8) All future and existing County roads shall be delineated on the plat, including their existing and future right-of-way. 2. Prior to construction: A. A building permit shall be obtained prior to the construction or placement of any structure such as a scale, concrete and asphalt plant, office, concrete casting facility, recycling plant, office trailer, and any otherstruc Lures placed on the parcels. An electrical permitwill be required for any electrical service to equipment. A plot plan shall be submitted when applying for building permits showing all structures with accurate distances between structures, and from structures to all properly lines. 2007-1095 PL1477 AMENDED USE BY SPECIAL REVIEW PERMIT #1259 - LAFARGE WEST, INC. PAGE 8 B. The approach road shall be paved with asphalt, concrete, or the equivalent, from Weld County Road 6 to the scale house. The approach road shall be elevated to the same height as Weld County Road 6 with an adequate turning radius to accommodate heavy truck hauling. C. The applicant shall install a Stop sign at the exit of the pit approach onto Weld County Road 6. Additional speed limit signs on the designated haul route from the facility wiN also be required. D. The applicant shall amend the existing Emission Permit for the modification in the operation if the Colorado Department of Public Health and Environment determines that such a modification represents a significant change in emissions or production. Alternately, the applicant can provide evidence from the Air Pollution Control Division (APCD) that they are not subject to these requirements. Evidence of approval shall be submitted to the Department of Planning Services. E. The existing Colorado Discharge Permit System (CDPS) must be amended for the increased operation if the Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment determines that such a modification represents a significant change in the discharge. Alternately, the applicant can provide evidence from the WQCD that theyare not subject to these requirements. Evidence of approval shall be submitted to the Department of Planning Services. 3. Prior to issuance of the Certificate of Occupancy: A. An Individual Sewage Disposal System (I.S.D.S.) is required for the proposed office/weigh station and shall be installed according to the Weld County I.S.D.S. Regulations. B. The septic system is required to be designed by a Colorado registered professional engineer according to the Weld County I.S.D.S. Regulations. C. A Stormwater Discharge Permit may be required for a development/ redevelopment/construction site where a contiguous or non-contiguous land disturbance is greater than, or equal to, one acre in area. The applicant shall inquire with the Water Quality Control Division of the Colorado Department of Public Health and Environment atwww.cdphe.state.co.us/ wg/PermitsUnit if they are required to obtain a Stormwater Discharge Permit. Alternately, the applicant can provide evidence from the WaterQuality Control Division that they are not subject to these requirements. 4. Prior to Operations: A. The State of Colorado, Division of Water Resources, in the referral dated April 13, 2006, states, "A Substitute Water Supply Plan (SWSP) or 2007-1095 PL1477 AMENDED USE BY SPECIAL REVIEW PERMIT #1259 - LAFARGE WEST, INC. PAGE 9 court -approved Augmentation Plan must be obtained to replace the depletions caused by the operation. The Riverbend Pit is currently included in a SWSP, along with other mining sites owned by Lafarge West, Inc. The approved SWSP does not allow any evaporation or consumptive use at the Riverbend Pit, therefore, a new SWSP must be obtained prior to exposing water in the pit or consuming groundwater at the site." Evidence of approval shall be submitted to the Department of Planning Services. 5. The Amended Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Amended Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 6. The attached Development Standards for the Amended Use by Special Review Permit shall be adopted and placed on the Amended Use by Special Review plat prior to recording. The completed plat shall be delivered to the Weld County Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within one hundred eighty (180) days of approval by the Board of County Commissioners. 7. In accordance with Weld County Code Ordinance #2005-7, approved June 1, 2005, should the plat not be recorded within the required one hundred eighty (180) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. The above and foregoing Resolution was, on motion duly made and seconded. adopted by the following vote on the 2nd day of May, AD., 2007. BOARD OF COUNTY COMMISSIONERS ATTEST: Weld County Clerk to the B BY: Deputy Cle APPRO ! S r _ Attorney Date of signature: 5-c737-‘17 V% WEL UNTY, COLORADO Qkkik vid E. Long, Chair liam . u,,- . Tern Dougla • : demach 2007-1095 PL1477 SITE SPECIFIC DEVELOPMENT PLAN AMENDED USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS LAFARGE WEST, INC. AMUSR #1259 1. A Site Specific Development Plan and Amended Use by Special Review Permit#1259 is for a Mineral Resource Development Facility. including a Concrete and Asphalt Batch Plant, Concrete Casting Facility, Recycling Plant, Materials Blending, Import of Materials. and Gravel Mining, in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. AU liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S., shall be stored and removed forfinal disposal in a manner that protects against surface and groundwater contamination. 4. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the SoNd Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S. 5. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. 6. The applicant shall operate in accordance with the Waste Handling Plan. 7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the Dust Abatement Plan at all times. 8. This facility shall adhere to the maximum permissible noise levels allowed in the industrial Zone District, as delineated In Section 25-12-103, C.R.S. 9. Adequate hand washing and toilet facilities shall be provided for employees and patrons of the facility. 10. Portable toilets may be utilized on sites that are temporary locations of the working face and portable processing equipment, etcetera, for up to six (6) months at each location. 11. Bottled water shall be provided to employees at the temporary locations of the working face at all times. 12. Any septic system located on the property must comply with all provisions of the Weld County Code pertaining to Individual Sewage Disposal Systems. 13. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 2007-1095 PL1477 DEVELOPMENT STANDARDS - LAFARGE WEST, INC. (USR #1259) PAGE 2 14. If the watersystem is a well, the system shall complywith the requirements fora community water system, as defined in the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). 15. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel from the facility area in a manner that will prevent nuisance conditions. 16. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a ma nnerthat minimizes the release of hazardous air pollutants and volatile organic compounds. 17. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado Department of Public Health and Environment, Water Quality Control Division. 18. If applicable, the applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). 19. If applicable, any vehicle washing area(s)shall capture all effluent and preventdischarges from drum washing and the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 20. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 21. "No Trespassing" signs shall be posted and maintained on the perimeter fence to clearly Identify the boundaries of the site. 22. Lighting provided for security and emergency night operations on the site shall be designed so that the lighting will not adversely affect surrounding property owners. 23. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and gravel operations to the hours of daylight, except in the case of public or private emergency, or to make necessary repairs to equipment. Hours of operation may be extended with specific permission from the Weld County Board of County Commissioners. This restriction shall notapplyto operation of administrative and executive offices or repair and maintenance facilities located on the property. 24. Existing trees and ground cover along public road frontage and drainage ways shall be preserved, maintained, and supplemented, If necessary, for the depth of the setback in order to protect against and/or reduce noise, dust, and erosion. 25. Where topsoil is removed, sufficient arable soil shall be set aside for re -spreading over the reclaimed areas. 26. Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicanMandowner shall be responsible for controlling the noxious weeds, pursuant to Section 15-1-180 of the Weld County Code. 2007-1095 PL1477 DEVELOPMENT STANDARDS - LAFARGE WEST, INC. (USR #1259) PAGE 3 27. Weld County Road 8 shall be used as a service access only. The main access is onto Weld County Road 6. Materials will be transferred on conveyors and bridged across the South Platte River to the main plant area. 28. Conveyors will be used to move material from the site across Weld County Road 8 to the main processing facility. There will be no direct hauling across Weld County Road 8. The applicant shall be totally responsible for keeping this crossing area free of gravel, spillage, vandalism, etcetera. 29. The historical flow patterns and runoff amounts will be maintained on the site in such a manner that itvi ill reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to runoff rate, velocity increases, diversions, concentration, and/or unplanned ponding of storm runoff. 30. The site must take into consideration stormwatercapture/quantityand provide accordingly for Best Management Practices. 31. Ifanywork associated with this project requires the placement of dredge or fill material, and any excavation associated with a dredged or fill project, either temporary or permanent, In waters of the United States, which may include streams, open water lakes and ponds, or wetlands at this site, the Department of the Army, Corps of Engineers shall be notified by a proponent of the project for proper Department of the Army permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act. 32. The landscaping on the site shall be maintained in accordance with the approved Landscape Plan. 33. A building permit shall be obtained prior to the construction or placement of any structure such as a scale, concrete and asphalt plant, office, concrete casting facility, recycling plant, office trailer, and any other structures placed on the parcels. An electrical permit will be required for any electrical service to equipment. A plot plan shall be submitted when applying for building permits showing all structures with accurate distances between structures, and from structures to all property lines. 34. A plan review is required for each building forwhich a building permit Is required. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. 35. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following have been adopted by Weld County: 2003 International Building Code, 2003 International Mechanical Code, 2003 international Plumbing Code, 2002 National Electrical Code, 2003 International Fuel Gas Code, and Chapter29 of the Weld County Code. 36. Each structure set on a foundation will require an engineered foundation based on a site -specific Geotechnical Report or an open hole inspection performed by a Colorado 2007-1095 PL1477 DEVELOPMENT STANDARDS - LAFARGE WEST, INC. (USR #1259) PAGE 4 registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 37. Building wall and opening protection and limitations, and the separation of buildings of mixed occupancy classifications, shah be in accordance with the Building Code. Setback and offset distances shall be determined by the Weld County Code. 38. Building height shall be measured in accordance with the Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. 39. A Flood Hazard Development Permit shall be submitted for berrning or for buildings that are constructed or moved in the 100 -year floodplain. 40. Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 41. Effective August 1, 2005, building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee Programs. 42. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Code. 43. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250 of the Weld County Code. 44. The property owner or operator shall be responsible for complying with the Open -mining Standards of Section 23-4-250 of the Weld County Code. 45. Weld County Government personnel shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the propertycomply with the Development Standards stated herein and all applicable Weld County regulations. 46. The Amended Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown orstated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 2007-1095 PL1477 DEVELOPMENT STANDARDS - LAFARGE WEST, INC. (USR #1259) PAGE 5 47. In accordance with Section 23-2-200.E of the Weld County Code, if the Amended Use by Special Review has not commenced from the date of approval, or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive. The County shall Initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the Amended Use by Special Review. If the Amended Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of Chapter 23, Division 4, of the Weld County Code in order to reestablish any Use by Special Review. 48. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 2007-1095 PL1477 RESOLUTION RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS AND AUTHORIZE CHAIR TO SIGN - LAFARGE WEST, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on May 2, 2007, the Weld County Board of Commissioners approved a Site Specific Development Plan and Amended Use by Special Review Permit #1259, for a Mineral Resource Development Facility, including a Concrete and Asphalt Batch Plant, Concrete Casting Facility, Recycling Plant, Materials Blending, Import of Materials, and Gravel Mining, in the A (Agricultural) Zone District, for Lafarge West, Inc., 1800 North Taft Hill, Fort Collins, Colorado 80521, on the following described real estate, to -wit: N1/2 of Section 13; SE1/4 NW1/4 of Section 12; the east 30 acres of the SW1/4 SE1/4 of Section 12; S1/2 of the east 60 acres in the SW1/4 of Section 12; W1/4 SW1/4 SE1/4 of Section 12; NW1/4 SE1/4 of Section 12; the east 30 acres of the NE1 /4 SW1/4 of Section 12; part of the N1/2 NE1/4 of Section 24; E1/2 SE1/4 of Section 12, all in Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado, and W1/2 NW1/4 of Section 18; W1/2 SW1/4 of Section 18; Lots A and B of Recorded Exemption #2347, being part of the NW1/4 of Section 19; Lots 1 and 2 in the SW1/4 of Section 19; part of the W1/2 SE1/4 of Section 19; part of the NW1/4 SE1/4 of Section 19; W1/2 SW1/4 of Section 7, all in Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado West of 6th P.M., Weld County, Colorado WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented with an Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Lafarge West, Inc., with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. 2009-0802 PL1477 IMPROVEMENTS AGREEMENT - LAFARGE WEST, INC. PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Lafarge West, Inc., be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of April, A.D., 2009. ATTEST: Weld County Clerk to t BY Dep APPROV my ttorney Date of signature' 411'4 IC9 BOARD OF TY COMMISSIONERS WELD CO LORADO William F. Garcia, Chair oc (- (of czar ademac er, Pro -Tern onway 4 .r.AA .17J1LL,c fit .<- a Kirkmeyer J David E. Long 2009-0802 PL1477 5j IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS LAFARGE WEST, INC. - AmUSR-1259 j Zd THIS AGREEMENT, made and entered into this 4% day of /4,1•;/ 0,7417 , by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County," and Lafarge West, Inc., hereinafter called "Property Owner." WITNESSETH: WHEREAS, Property Owner is the owner of, or has a controlling interest in , the following described property in the County of Weld, Colorado: See Exhibit "A" attached hereto and incorporated herein by reference, hereinafter referred to as "the Property," and WHEREAS, Property Owner has acquired land use permits from County for a Mineral Resource Development Facility, including a Concrete and Asphalt Batch Plant, Concrete Casting Facility, Recycling Plant, Materials Blending Import of Materials, and Gravel Mining on approximately 1,152 acres on the above described real property, and the County is currently in the process of considering a Amended Use -by -Special Review for the Property, and WHEREAS, the Property Owner acknowledges that the issuance of AmUSR-1259 is conditional upon Property Owner's performance of the on -site and off -site improvements which are described in this Agreement and depicted in a set of plans provided by Property Owner (hereinafter referred to as "Plans"), a copy of which is attached to this Agreement and made a part hereof, and WHEREAS, Property Owner acknowledges that it may not engage in any activity related to the businesses described above until said improvements have been completed, and WHEREAS, the parties agree that Property Owner shall commence work on and provide collateral for the improvements as detailed in Section 7.2 and Exhibit "C," herein. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: A. Required Off -Site Improvements 1.0 Weld County Road 6: Property Owner shall construct the following improvements: a turning radii of sixty feet (60'), deceleration lane in the west bound lane, drainage and signage installations, at the main entrance of the Property adjacent to Weld County Road 6 (hereinafter WCR 6), and any other improvements as depicted on the accepted plans, (a copy of which have been attached hereto and made a part hereof). 2.0 Weld County Road 8: Property Owner shall construct an over -head conveyer to move material from a site on the north side of Weld County Road 8 (hereinafter WCR 8) to the main processing facility on the south side of WCR 8, as depicted on the accepted plans. Any 1 111111 11111 11111 11311111 11111 111 Illll IT III; 3617515 04/20/2009 01:25P Weld County, CO 1 of 32 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2009-0802 service accesses, constructed by the Property Owner, on WCR 8 will be paved within the County Right -Of -Way and provide accepted drainage and signage installations. 3.0 Road Improvements Responsibilities: Property Owner is solely responsible for improvements on WCR6 and WCR 8 designated in Sections 1.0 and 2.0 of this Part A and on Exhibit B-1, and for any construction improvements mandated by the Colorado Department of Transportation (hereinafter "CDOT"), and for all expenses associated therewith. These responsibilities include, but are not limited to the following: utility locates; right-of-way clearances and permits; coordination with oil and gas operators and facilities, affected railroad facilities and affected irrigation facilities; traffic control; and project safety during construction. Property Owner shall obey all applicable regulations issued by the Occupational Safety and Health Administration (hereinafter "OSHA"), CDOT, Colorado Department of Public Health and Environment, (hereinafter "CDPHE") and other regulatory agencies. 4.0 Engineering Design and Construction Plans: All engineering designs and construction plans provided by Property Owner shall include, at a minimum, ingress/egress entrance intersection layouts, grading, drainage, a cross section of the base/asphalt, approach roads, and adequate turning radii, and pavement markings. In addition a geotechnical design is required on the depth of asphalt on WCR 6 and WCR 8, to accommodate heavy truck traffic. These plans, when accepted by the Weld County Engineer, shall be a part of the Plans, which are a part of this Agreement. 5.0 Construction Standards: All construction and materials controls for a project shall conform to the requirements in effect as the time of the completion of the improvements set forth in the "Standard Specifications for Road and Bridge Construction" provided by CDOT. During construction, signage shall be posted in accordance with the then current version of the "Manual of Uniform Traffic Control Devices". 6.0 Effect of Future Changes to Haul Routes: In the event that County should approve the use of an additional haul route or an alternative haul route which Property Owner may request as a result of a change in Property Owner's site activities and/or truck circulation patterns, and if the alternative or additional haul route utilizes an unpaved portion of County roads, and if County determines that dust control or paving is required on the unpaved portion of said roads, Property Owner agrees that dust control or paving measures to protect the public health, safety, and welfare shall be instituted. County will determine the proportionate share of dust control and paving costs to be paid by Property Owner based upon truck trip counts that identify traffic loading due to Property Owner -sourced traffic. The amount and extent of dust control and paving measures will be determined by site -specific conditions at the time, as determined exclusively by County personnel. 7.0 Future Improvements: Future improvements to the haul route may be required by County for reasons related to: changes in site activity or truck circulation patterns and numbers, roadway classification changes, and newly permitted facilities affecting the haul route traffic usage. Property Owner shall address Colorado Department of Transportation (CDOT) access issues associated with Property Owner's use of the afore -mentioned haul route. Future CDOT mandated measures may include improvements to the intersection of WCR 6 and U.S. Highway 85. Property Owner shall pay a proportionate cost share based on the number of truck trips using then current data on the haul route in the implementation of the above -mentioned improvements. County personnel alone shall make all determinations regarding the gathering of and use of I BO 1111011111111111 111111 III 11111 IIII IIII 2 3617515 04/20/2009 01:25P Weld County, CO 2 of 32 R 0.00 0 0.00 Steve Moreno Clerk & Recorder Revised 03/09104 traffic data when making decisions regarding cost sharing. 8.0 Timing of Improvements: Property Owner shall not be required to complete the aforementioned offsite improvements until the occurrence of the triggering event for all improvements, namely the application for the grading permit. At that time, Property Owner agrees that all offisite improvements shall be completed within the parameters established in Section 7.2 and Exhibit C, herein. B. Haul Routes: 1.0 Established Haul Routes: All trucks shall enter and exit the site via the proposed access road directly onto WCR 6 at the facility site. All truck traffic exiting the facility shall travel east on WCR 6 and utilize the light at the intersection of WCR 6 and U.S. Highway 85. In unusual or rare occasions, if particular projects mandate deviation from the above -mentioned haul route for a limited period of time, and if County approves such deviation, trucks will utilize paved county roads whenever possible. 2.0 Haul Route Signage: Property Owner shall install haul route signs at all exit points of the Property which can be clearly seen by drivers leaving the facility and which clearly depict County approved haul routes. 3.0 No deviation from Permitted Haul Routes: No deviation in the use of any roads other than those specifically authorized for use in this Agreement is permitted without the prior written amendment of this Agreement. C. Road Maintenance Requirements: 1.0 Obligation to Maintain Current and Future Haul Routes: Property Owner agrees to pay a proportionate share, based upon relative heavy truck hauling usage, of the cost to excavate, repair, or patch any damage on WCR 6 from the facility entrance east to the intersection of WCR 6 and U.S. Highway 85 which in the sole opinion of County has been created by heavy truck hauling from the Property. Should Property Owner's site activities and/or should Property Owner's truck circulation patterns change in the future so that County approves an alternate haul route, and all or a significant portion of Property Owner's sourced traffic no longer utilizes the above -described haul route and instead utilizes other portions of County roads, Property Owner shall cooperate with County in maintenance of said roads. The type and method of repair will be determined by the County Engineer or his representative, and shall require a written amendment to this Agreement executed by County and Property Owner. All repairs shall commence within thirty (30) days of receipt of Weld County's written notice. 2.0 Annual Road Inspection: County will conduct a road inspection annually with the cooperation of Property Owner and all other Property Owners who are required by County to participate in road improvement/maintenance agreements. As a result of the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further determine what road improvement/maintenance work is to be performed during that construction season. 3.0 Future Road Replacement: At any time in the future, if, in the opinion of County, road damage increases beyond the point that repair of damage cannot maintain the road in a safe and usable condition, Property Owner shall pay a proportionate cost of a complete restoration 11111111111111111111111IMF fill111111Iii111111111IIII 3017515 04/20/2009 01:25P Weld County, CO 3 of 32 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 3 Revised 03/09/04 based on the number of then current truck trips on the haul route of Property Owner to and from the Property. 4.0 Sharing of Road Maintenance Responsibilities with Other Property Owners: It is anticipated that Property Owner and other Property Owners subject to agreements similar to this Agreement will perform the required road maintenance work and will share in the equipment, labor, and materials required. Any such sharing arrangement between Property Owner and others shall be conducted pursuant to separate agreements between the Property Owner and other Property Owners. County shall approve the Agreements only to determine whether the required improvements/maintenance projects have been adequately addressed. County alone shall determine the sufficiency of all road improvement/maintenance projects when completed. 5.0 Violation of Terms of Agreement: If Property Owner does not perform as outlined in this Agreement and Exhibits "B-1," "B-2," "C," and "D," all being attached hereto, such non-performance will constitute a violation of Property Owner's land use permits granted by County, and County will take whatever remedial measures it deems necessary, against Property Owner. In addition to any other remedy available to the County in law or equity, a failure to comply with this Agreement shall be considered grounds for revocation of AmUSR- 1259 as it now exists or may, from time to time, be amended in accordance with the procedures of the Weld County Code. D. On -Site Improvements: 1.0 Landscaping Requirements: Property Owner shall landscape and maintain the landscaping of the property. Specifically, Property Owner shall at its own expense, plant, install and maintain all trees, grass and shrubs described and enumerated on Exhibits B-2 and D which are attached to this Agreement. 2.0 On -Site Grading, Drainage Facilities and Paving: Property Owner shall, at its own expense, grade, pave, and install accepted drainage facilities in the interior portion of the property in accordance with the directives of the Weld County Department of Public Works, as described in Exhibit B-2, which is attached to this Agreement. 3.0 Timing of Improvements: Property Owner shall not be required to complete the landscaping requirements until the occurrence of the triggering event for all improvements, namely the application for the grading permit. At that time, Property Owner agrees that all landscaping shall be completed within the parameters established in Section 7.2 and Exhibit C, herein. E. General Requirements: 1.0 Engineering Services: Property Owner shall furnish, at its own expense, all engineering services in connection with the design and construction of the improvements listed on Exhibits B -I and B-2, according to the construction schedule set forth in Section 7.2 and Exhibit C, herein. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public 1111111 III 11111111E 111111111111111III11111 III!«01 3617515 04/20/2009 01:25P Weld County, CO 4 of 32 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 4 Revised 03/09/04 improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.3 Property Owner shall furnish construction drawings for the road improvements on public rights -of -way or easements and all improvements interior on the Property for approval prior to the letting of any construction contract. 2.0 Rights -of -way and Easements: Before commencing the construction of any improvements herein agreed upon for public rights -of -way or easements, Property Owner shall acquire, at its own expense, good and sufficient rights -of -way and easements on all lands and facilities traversed by the proposed improvements. All such rights -of -way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Property Owner shall furnish and install, at its own expense, the improvements listed herein and on Exhibits B-1 and B-2, with the improvements being completed in accordance with Section 7.2 and Exhibit C, herein. The Board of County Commissioners, at its option, may grant an extension of the time of completion stated herein upon application by the Property Owner. 3.1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County. 3.2 Property Owner shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect, or to require testing and inspection of material and work, at Property Owner's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Property Owner's expense. 3.4 AmUSR-1259 improvements shall be completed, according to the terms of this Agreement, in accordance with Section 7.2 and Exhibit C, herein. 4.0 Release of Liability: Property Owner shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts 1 III 1111111111111111111III 1111 111111 1111111111111 5 3617515 04/20/2009 01:25P Weld County, CO 5 of 32 R 0.00 0 0.00 Steve Moreno Clerk & Recorder Revised 03/09/04 or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Warranty of Road Improvements: Property Owner shall warranty all improvements to public rights -of -way, including all privately created and maintained roads or rights -of -way, or easements for a period of one (1) year. The warranty period shall begin only after the County's execution of a written acceptance of the improvement(s). 6.0 Acceptance of Improvements by the County: Upon compliance with the following procedures by the Applicant, the improvements shall be deemed accepted by the County. 6.1 If desired by the County, portions of the improvements may be placed in service when completed according to the schedule herein stated, but such use and operation shall not constitute an acceptance of said portions. 6.2 County may, at its option, issue building permits for construction within AmUSR-1259 for which the improvements detailed herein have been started but not completed as shown on Exhibit "B," and may continue to issue building permits so long as the progress of work on AmUSR-1259 improvements in that phase of AmUSR-1259 is satisfactory to the County, and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of improvements within AmUSR- 1259 and required offsite improvements, and the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the County inspect the improvements and recommend that the Board of County Commissioners partially approve them. Not sooner than nine months after partial acceptance, the County Engineer shall, upon request by the applicant, inspect the subject improvements, and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the improvements after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the improvements are constructed according to County standards, he or she shall recommend full acceptance_ Upon a receipt of a positive unqualified written recommendation from the County Engineer for acceptance of improvements within AmUSR-1259, the Board of County Commissioners shall fully accept said improvements as public but with private pay. 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County to guarantee completion of the improvements listed in Exhibits "A," must be equivalent to One -Hundred percent (100%) of the value of the improvements as shown in this Agreement. 111111111111III 11111111111 IIII 111111 III 11111 Ell 1111 6 3617515 04/20/2009 01:25P Weld County, CO 6 of 32 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Revised 03/09/04 7.2 Acceptable collateral shall be submitted at least six (6) months prior to commencement of Site Preparation, as herein defined. No grading or building permits shall be issued for sand and gravel mining or processing operations improvements on the property and no Site Preparation shall commence until cost estimates for the improvements are updated and collateral is provided in the amount of One -Hundred percent (100%) of the value of the improvements to be completed, and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within the time schedule set forth in Exhibit "C" hereto. If improvements are not completed within these time frames, the County, at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. "Site Preparation" shall mean earthwork grading or performance of work, or construction or installation of improvements related to Applicant's planned sand and gravel mining and processing and related operations pursuant to AMUSR-1259 that require a grading or building permit from the County pursuant to the Weld County Code. 7.3 Collateral may be in the form of an irrevocable letter of credit (LOC) in an amount equivalent to (100%) of the total value of the improvements set forth in the Improvements Agreement; the LOC shall be subject to the requirements of Weld County Code Section 2-3-30 B. 7.4 Collateral may be in the form of a deed of trust upon the Property, provided that the following are submitted: 7.4.1 An appraisal is required of the Property by a disinterested Member of the American Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the property encumbered in its current degree of AmUSR is sufficient to cover One -Hundred Percent (100%) of the cost of the improvements as set forth in this Agreement, plus all costs of sale of the Property. 7.4.2 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 7.5 Collateral may be in the form of a surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement. The surety bond shall conform to and be subject to the requirements of Weld County Code Section 2-3-30 B.4. 7.6 Collateral may be in the form of a cash deposit made with the Board in an amount equivalent to one hundred percent (100%) of the value of the improvements set forth in the Improvements Agreement. 7.7 Collateral may be in the form of an escrow agreement where the cash in escrow is in an amount equivalent to one hundred percent (100%) of the 1101 1E11 IIIII 1111111111 IIIIII III 11111 IIII IIII 7 Revised 0309+04 3617515 04/20/2009 01:25P Weld County, CO 7 of 32 R 0.00 D 0.00 Steve Moreno Clerk & Recorder value of the improvements set forth in the Improvements Agreement. The escrow agreement shall conform to and be subject to the requirements of Weld County Code Section 2-3-30 B.3. 8.0 Request for Release of Collateral: Collateral shall be released in accordance with the provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Property Owner must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 8.1 The Engineer or his representative has made regular on -site inspections during the course of construction and the construction plans utilized are the same as those accepted by Weld County. 8.2 For the improvements to public rights -of -way or easements, test results must be submitted for all phases of this project as per Colorado Department of Transportation (CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 8.3 "As -built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as -built" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior written acceptance from the County Engineer. 8.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 8.5 Following the submittal of the Statement of Substantial Compliance and written recommendation of acceptance of the improvements for partial maintenance by the County, the Property Owner may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 8.6 For improvements to public rights -of -way or easements, the request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. The warranty collateral shall be released to the Property Owner following the expiration of the warranty period upon final written acceptance by the Board of County. 9.0. Successors and Assigns: Except as specified below, this Agreement may not be delegated or assigned in whole or in part by either party hereto without the express written consent of the other party and the written Agreement of the party to whom the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably 11111111111111111111111111111 IIII 11101111111111111 IIII 8 3617515 04/20/2009 01:25P Weid County, CO 8 of 32 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Revised 03/09/04 Weld County Clerk to th By: Deputy Clerk to the withheld. Notwithstanding the previous two sentences, the obligations to improve and maintain the improvements outlined in this Agreement may be delegated to a purchaser of a portion or all of the Property or business operation conducted thereon, provided further that County's consent to such does not relieve Property Owner of any obligations under this Agreement. Notwithstanding any other provisions of this Agreement or of this paragraph, County may delegate or assign its rights and obligations under this Agreement without the consent of Property Owner (or its assigns, delegates or successors in interest) to another governmental entity which by annexation or agreement has assumed jurisdiction over the roads affected by this Agreement. This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the Property Owner, and upon recording by the County, shall be deemed a covenant running with the land herein described. 10.0. County Engineer: All references in this Agreement to "County Engineer" shall refer to the any individual or individuals appointed by the County Engineer to act on his/her behalf IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. LAFARGE WEST, INC., Property Owner 7-1 By: Title Date:,, AA ►ut..M. / , 2009. [SEAL] ATTEST: By: Title (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) ATTEST: _: LA, BOARD OF COUNTY COMMISSIONERS it Yi I11111111111111111 I1III IIIIII IIII IIIIII III 111II IIII IIII 3617515 04/20/2009 01:25P Weld County, CO 9 9 of 32 R 0.00 0 0.00 Steve Moreno Clerk & Recorder WELD COUNTY. OI,ORADO 4 By: 'C - William F. Garcia, Chairman 04/06/2009 Revised 03/09/04 EXHIBIT "A' APPLICANT'S PROPERTY PHASE 1- RITTENHOUSE THAT PART OF THE NW 1/4 OF THE SE 1/4 OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SE 1/4 OF SAID SECTION 19; THENCE SOUTH ALONG THE WEST LINE OF SAID QUARTER SECTION A DISTANCE OF 853 FEET TO THE NORTII LINE OF THE DAMIANA PROPERTY DESCRIBED IN DEED RECORDED IN BOOK 529, PAGE 433; THENCE EAST ALONG THE NORTH LINE OF SAID DAMIANA PROPERTY 264 FEET; THENCE NORTH AND PARALLEL TO THE WEST LINE OF SAID QUARTER SECTION A DISTANCE OF 853 FEET, MORE OR LESS, TO THE NORTH LINE OF THE SE 1/4 OF SAID SECTION 19; THENCE WEST A DISTANCE OF 264 FEET ALONG THE NORTH LINE OF SAID QUARTER SECTION TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE HIGHWAY COMMISSION OF COLORADO FOR HIGHWAY PURPOSES IN SPECIAL WARRANTY DEED RECORDED IN BOOK 1401, PAGE 313, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH PROPERTY LINE FROM WHICH THE SOUTHEAST CORNER OF SAID SECTION 19 BEARS SOUTH 54°04' EAST A DISTANCE OF 3011.2 FEET; THENCE ALONG THE SOUTH PROPERTY LINE SOUTH 88°39' EAST A DISTANCE OF 68.9 FEET TO THE SOUTHEAST CORNER OF THE PROPERTY; THENCE ALONG THE EAST PROPERTY LINE NORTH 0°25'30" WEST A DISTANCE OF 856.8 FEET TO THE EAST -WEST QUARTER LINE OF SECTION 19; THENCE ALONG THE EAST -WEST QUARTER LINE OF SECTION 19 SOUTH 89°39' WEST A DISTANCE OF 159.3 FEET; THENCE SOUTH 4°48' EAST A DISTANCE OF 535.9 FEET; THENCE SOUTH 18°50' EAST A DISTANCE OF 103.1 FEET; THENCE SOUTH 4°48' EAST A DISTANCE OF 223.4 FEET, MORE OR LESS TO THE POINT OF BEGINNING. AND 41.9 o;6 THAT PART OF THE W 1/2 OF THE SE 1/4 OF SECTION 19, TOWNSHIP 1 NORTH, `.,g. RANGE 66 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: =moo I BEGINNING AT A POINT ON THE WEST LINE OF THE SE 1/4 OF SAID SECTION 19 "=" fp WHICH IS 1310 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SE 1/4 OF SAID 3 = SECTION 19; THENCE NORTH 504 FEET; THENCE EAST 272 FEET; THENCE SOUTH INK 504 FEET; THENCE WEST 272 FEET TO THE PLACE OF BEGINNING; EXCEPT THAT e PORTION THEREOF INCLUDED WITHIN A PARCEL OF LAND CONVEYED TO JOHN SCHELL AND CONSTANTINE SHELL IN QUIT CLAIM DEED RECORDED IN BOOK 1007, PAGE 39, DESCRIBED AS FOLLOWS: e �aBEGINNING AT A POINT 247 FEET EAST OF THE SOUTHWEST CORNER OF THE SW 1/4 OF THE SE 1/4 OF SAID SECTION 19; THENCE NORTH TO A POINT ON THE NORTH LINE OF SAID SW 1/4 SE 1/4 ; THENCE EAST 25 FEET TO A POINT; THENCE o SOUTH TO A POINT ON THE SOUTH LINE OF SAID SW 1/4 SE 1/4; THENCE WEST 25 FEET TO THE PLACE OF BEGINNING; AND EXCEPT THAT PORTION THEREOF LYING WITHIN THE NORTH 10 FEET OF THE S 1/2 OF THE SE 1/4 AND THE SOUTH 20 FEET OF THE N 1/2 OF THE SE 1/4 OF SAID SECTION 19 AS CONVEYED TO THE Revised 03/09/04 BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY AND TO WELD COUNTY TO BE USED AND MAINTAINED AS A PUBLIC ROAD IN WARRANTY DEED RECORDED IN BOOK 1229, PAGE 556; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE HIGHWAY COMMISSION OF COLORADO FOR HIGHWAY PURPOSES IN SPECIAL WARRANTY DEED RECORDED IN BOOK 1401, PAGE 313, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH PROPERTY LINE FROM WHICH THE SOUTHEAST CORNER OF SAID SECTION 19 BEARS SOUTH 54°04' EAST A DISTANCE OF 3011.2 FEET; THENCE SOUTH 4°48' EAST A DISTANCE OF 247.6 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT A DISTANCE OF 186.3 FEET, THE RADIUS OF WHICH ARC HAS A LENGTH OF 5805 FEET, AND THE CHORD OF WHICH ARC BEARS SOUTH 5°43' EAST A DISTANCE OF 186.2 FEET, TO THE SOUTH PROPERTY LINE; THENCE ALONG THE SOUTH PROPERTY LINE NORTH 89°50' EAST A DISTANCE OF 32.8 FEET TO THE EAST PROPERTY LINE; THENCE ALONG THE EAST PROPERTY LINE NORTH 0°25'30" WEST, A DISTANCE OF 430.3 FEET TO THE NORTH PROPERTY LINE; THENCE ALONG THE NORTH PROPERTY LINE NORTH 88°39' WEST A DISTANCE OF 68.9 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. AND LOTS 1 AND 2 IN THE SW 1/4 OF SAID SECTION 19, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M. ALL IN WELD COUNTY, COLORADO. PHASE 2 - NORDEN TRUST THE N 1/2 OF THE NE 1/4 OF SECTION 24, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID SECTION 24; THENCE S 00°25'10" W, ALONG THE EAST LINE OF THE N 1/2 OF THE NE 1/4 OF SAID SECTION 24, 1310.16 FEET TO THE SE CORNER OF THE N 1/2 OF THE NE 1/4 OF SAID SECTION 24; THENCE S 89°45'34" W, ALONG THE SOUTH LINE OF THE N 1/2 OF THE NE 1/4 OF SAID SECTION 24, 2637.68 FEET TO THE SW CORNER OF THE N 1/2 OF THE NE 1/4 OF SAID SECTION 24; THENCE N 00°12'27" E, ALONG THE WEST LINE OF THE N 1/2 OF THE NE 1/4 OF SAID SECTION 24, 1309.10 FEET TO THE NW CORNER OF THE N 1/2 OF THE NE 1/4 OF SAID SECTION 24; THENCE N 89°44'15" E, ALONG THE NORTH LINE OF THE N 1/2 OF THE NE 1/4 OF SAID SECTION 24, 2642.54 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING TRACT OF LAND: LOT A OF RECORDED EXEMPTION NO. I469-24-1 RE -4853, COUNTY OF WELD, STATE OF COLORADO. 11111111111111111111111111111111111i11111111111111 111111 I11111111I111111I11111111111111111III 3617515 04/20/2009 01:25P Weld County, CO 11 of 32 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Revised 03/09/04 PHASE 3 - ANDERSON THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 18, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. EXCEPTING THEREFROM THE FOLLOWING TRACT OF LAND: LOT A OF RECORDED EXEMPTION NO. 1471-18-3 RE -4848, COUNTY OF WELD, STATE OF COLORADO. PHASE 4 - MCWILLIAMS ALL THAT PART OF THE NW 1/4 OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M. WHICH LIES WEST OF THE CENTER LINE OF THE SOUTH PLATTE RIVER, WELD COUNTY, COLORADO, EXCEPT: A PARCEL OF LAND LOCATED IN THE NW 1/4 OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 19, THENCE S 00°11'42" W, ALONG THE WEST LINE OF SAID NW 1/4 , A DISTANCE OF 30.00 FEET; THENCE NORTH 90°00'00" EAST 747.67 FEET TO THE POINT OF BEGINNING OF SAID EXCEPTED PARCEL; 1) THENCE CONTINUING ALONG SAID PARALLEL LINE, N 90° 00'00" E, A DISTANCE OF 882.35 FEET TO THE CENTERLINE OF THE MAIN CHANNEL OF THE SOUTH PLATTE RIVER (1997) AND CONTINUING ALONG SAID CENTERLINE THE FOLLOWING 5 (FIVE) COURSES; 2) THENCE S 22°21'23" W, A DISTANCE OF 119.58 FEET; 3) THENCE S 33°19'22" W, A DISTANCE OF 67.31 FEET; 4) THENCE S 43°51'39" W, A DISTANCE OF 182.10 FEET; 5) THENCE S 46°41'03" W, A DISTANCE OF 182.88 FEET; 6) THENCE S 35°51'46" W, A DISTANCE OF 4.35 FEET; 7) THENCE DEPARTING SAID CENTERLINE, N 90°00'00" W, A DISTANCE OF 542.31 FEET; 8) THENCE N 00°33'48" E, A DISTANCE OF 427.13 FEET TO THE POINT OF BEGINNING OF SAID EXCEPTED PARCEL, CONTAINING 7.273 ACRES, MORE OR LESS. PHASE 5 - CHIKUMA THE N 1/2 OF SECTION 13, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6111 PRINCIPAL MERIDIAN AND THE W 1/2 OF THE NW 1/4 OF SECTION 18, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO. LESS THAT PORTION IN THAT WARRANTY DEED RECORDED OCTOBER 23, 1908 IN BOOK 287, PAGE 208 OF THE WELD COUNTY RECORDS. 111111111111111111111111111111111 111111 III 1111111111111 3617515 04/20/2009 01:25P Weld County, CO 12 of 32 R 0.00 0 0.00 Steve Moreno Clerk 3 Recorder Revised 03109/04 PHASE 6 - CITY OF THORNTON/D&S MINING THE W 1/2 OF THE SW 1/4 OF SECTION 7, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN (CONTAINS 80 ACRES MORE OR LESS), TOGETHER WITH THE E 1/2 OF THE SE 1/4 OF SECTION 12, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN (CONTAINS 80 ACRES MORE OR LESS), ALL IN WELD COUNTY, COLORADO. PHASE 7 (SOUTHERN PORTION) - MYRNA THE S 1/2 OF THE EAST 60 ACRES OF THE SW 1/4 OF SECTION 12, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN. THE W 1/4 OF THE SW 1/4 OF THE SE 1/4 OF SECTION 12, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN. THE EAST 30 ACRES OF THE SW 1/4 OF THE SE 1/4 OF SECTION 12, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN. ALL IN WELD COUNTY, CO. PHASE 7 (NORTHERN PORTION) AND 8 - MFM FARMS THE SE 1/4 OF THE NW 1/4 OF SECTION 12, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN AND THE NW 1/4 OF THE SE 1/4 AND THE EAST 30 ACRES OF THE NE 1/4 OF THE SW 1/4 OF SECTION 12, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, ALL IN WELD COUNTY, COLORADO. 111111111111 11111 IN Ell 111111111111111 III IIII 3617515 04/20/2009 01:25P Weld County, CO 13 of 32 R 0.00 0 0.00 Steve Moreno Clerk 8 Recorder Revised 03/09/04 EXHIBIT "B-1" Name of USR: Riverbend: AMUSR-1259 Location: N'/: of Section 13; SE'/<NW'/, of Section 12; the east 30 acres of the SW'/SE'A of Section 12; S'/Z of the east 60 acres in the SW'/+ of Section 12; W%zSW'/<SE`/, of Section 12; NW`/SE'/ of Section 12; the east 30 acres of the NE%SW'/< of Section 12; part of the N'/:NE% of Section 24; E%SE'/< of Section 12, Township 1 North, Range 67 West of the 6th P.M., Weld County Colorado, and W' NW''/, of Section 18; W'hSW'/. of Section 18; Lots A and B of Recorded Exemption #2347. being part of the NW'/ of Section 19; Lots 1 and 2 in the SW'/. of Section 19; part of the W'/2SE% of Section 19; part of the NW'/SE'/ of Section 19: W'/2SW'% of Section 7. all in Township 1 North, Range 66 West of the 6`h P.M.. Weld County. Colorado. Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply.) Improvements Quantity Units Unit Costs Estimated Construction Cost Site grading Street grading 330 cu. yds. $15.00 $4,950.00 Street base Street paving 166 Tons $93.75 $15,562.50 Curbs, gutters, and culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house connected) On -site sewage facilities On -site water supply and storage Water mains (includes bore) Fire hydrants Survey and street monuments and boxes Street lighting Street Names Fencing requirements Landscaping (reseeding disturbed area in ROW) 8100 Sq ft $ .18 $1,458.00 Park improvements ill 1111 Road culvert llllll111111111 1111111IIIII MI111111111111I MINI 3617515 04/20/2009 01:25P Weld County, 14 of 32 R 0.00 0 0.00 Steve Moreno Clerk & Recorder Revised 03/09/04 Grass lined swale Telephone Gas Electric Water transfer SUB -TOTAL: $21,970.50 Engineering and Supervision Costs $ 0.00 TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 21.970.50 The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit 111111 11111 HMI IIII! 111111 EMIR III 111111 III rill 3617515 04/20/2009 01:25P Weld County, CO 15 of 32 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Revised 03/09/04 EXHIBIT "B-2" Name of USR: Riverbend: AMUSR-1259 Location: N''/z of Section 13; SE'/NW'/a of Section 12; the east 30 acres of the SW'/SE''% of Section 12; S'h of the east 60 acres in the SW% of Section 12; W%ZSW%SE'/ of Section 12; NW'ASE% of Section 12; the east 30 acres of the NE'/,SW% of Section 12; part of the N'/2NE'/ of Section 24; E'/ZSE'/ of Section 12, Township 1 North, Range 67 West of the 66 P.M., Weld County Colorado, and W'h NW'/ of Section 18; W'/ SW'4 of Section 18; Lots A and B of Recorded Exemption #2347. being part of the NW'/. of Section 19: Lots 1 and 2 in the SW% of Section 19; part of the W''SE'% of Section 19; part of the NW'/4SE'/ of Section 19: W'hSW'/< of Section 7, all in Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado. Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply) Improvements Quantity Units Unit Estimated Costs Construction Cost Site grading Street grading 22,617 SY $.80 $18,093.60 Street base 3.770 CY $30.00 $113,I00.00 Street paving 2.164 TN $60.00 $129.840.00 Curbs, gutters, and culverts Sidewalk Storm sewer facilities Retention ponds Ditch Improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house connected) On -site sewage facilities On -site water supply and storage Water Mains (includes bore) Fire hydrants Survey and street monuments and 1 LS $7.000 $7.000.00 Street lighting Street Names Fencing requirements Landscaping 1 See Exhibit $46,54 $46.549 Park improvements Road culvert Grass lined swale Telephone Gas Electric Water transfer j Illl 01:25P - I1111111111111111111111111111 3617515 04/20/2009 111111 III 111111 III 1111 Revised 03/09/04 Weld County. CO 16 of 32 R 0.00 D 0.00 Steve Moreno Clerk & Recorder SUB -TOTAL: I F 1 I $314.582.60 Engineering and Supervision Costs S 6,000 TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION: S 320,582.60 The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit „C 111111 11111 111111 IIIII 1111111111111111 Ill 1111111111111 3617515 04/20/2009 01:25P Weld County, CO 17 of 32 R 0.00 D 0.00 Steve Morena Clerk & Recorder Revised 03/09/04 EXHIBIT "C" Name of USR: Riverbend: AMUSR-1259 Location: NI/z of Section 13; SE'/.NW'% of Section 12; the east 30 acres of the SW%SE`/a of Section 12; S%2 of the east 60 acres in the SW`A of Section 12; WV2SW'/SE'/. of Section 12: NW'/<SE'% of Section 12; the east 30 acres of the NE'ASW% of Section 12; part of the N'hNE'/ of Section 24; E'hSE% of Section 12, Township 1 North, Range 67 West of the 6`h P.M., Weld County Colorado, and W'/2 NW% of Section 18; W'/2SW'/. of Section 18; Lots A and B of Recorded Exemption #2347, being part of the NW' of Section 19; Lots 1 and 2 in the SW`/+ of Section 19; part of the WY2SE`'% of Section 19: part of the NW'/SE'/. of Section 19; W'/2SW'/ of Section 7, all in Township 1 North, Range 66 West of the 6`h P.M., Weld County, Colorado. Construction of the improvements listed in Exhibit B-1 and B-2 shall be completed as follows: A. Collateral for the improvements listed in Exhibit B-1 and B-2 shall be delivered pursuant to Section 7.2 of the Agreement, to which this Exhibit C is attached, before any improvements are constructed. B. All improvements shall be completed within three years from the date of approval of the final plat, except to the extent the time for completion is extended pursuant to Paragraphs C and D, below. C. If Applicant determines that the improvements will not be completed within three years from the date of approval of the final plat, then Applicant may obtain an extension of the time for completion by supplying to the County either of the following: i. A copy of the annual report to the Colorado Division of Reclamation, Mining and Safety (DRMS) most recently filed to maintain the mining and reclamation permit issued by the DRMS for the property in effect, or ii. A copy of such other reports, filings or information as reasonably demonstrate s p_ ongoing maintenance of the property and permits related thereto as a mineral resource $ development facility. Such other reports, filings or information may include without ac being limited to a listing of work that has been done in connection with the uses --o°a authorized by AMUSR-1259, a listing or description of water or air monitoring --a reports and any other reports or studies that have been performed concerning the g o property or a summary schedule setting forth the Applicant's estimate of when the FEW 0 Site Preparation work (as defined in Section 7.2 of the Agreement) will commence, MEM s g improvements required by this Agreement and plants and other facilities will be installed or constructed and when Production Operations, as herein defined, will +�� y commence. "Production Operations" shall mean the commencement of plant erection or installation or stripping, excavation or other operations preparatory to or in connection with production and sale of aggregate materials from the property. mom mo@" D. Any reports, filings or other information report filed to extend AMUSR-1259 shall be imm o o filed with the County at least thirty days prior to the expiration of (i) the original time it moo o cc was deemed or presumed active or (ii) any prior extension, as applicable. ifordi y' E. In response to a filing of any of the reports, data or information authorized by clause C.ii, aIs Revised 03/09/04 above, the County may reasonably request additional information documenting ongoing maintenance of the property and permits related thereto as a mineral resource development facility and shall provide Applicant a reasonable time to supply such requested additional information. F. Upon the filing of the information described in Paragraph C, above, the time for completion shall be extended for one year from the three-year deadline for completing improvements. Applicant may obtain successive one-year extensions by making such annual filings, at least thirty days prior to the expiration of the prior extension. Time for Completion Improvements Site grading Street grading Prior to Production Operations Street base Street paving Operations Prior to Production Curbs, gutters, and culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house connected) On -site sewage facilities On -site water supply and storage Water mains Fire hydrants Survey and street monuments and boxes Street lighting Street name signs Fencing requirements Landscaping Prior to Production Operations during the 1s` growing season after completion of Site Preparation Park improvements Road culvert Grass lined swale Telephone Gas Electric Water Transfer SUB -TOTAL: The County, at its option, and upon the request of the Applicant, may grant an extension of time - IN 11111 11111 1111111131I III 111111 III III 3617515 04/20/2009 01:25P Weld County, CO 19 of 32 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Revised 03/09/04 for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. 1111 11111 0111 11111111111 IIII 111111 III 1111111 II III! 3617515 04120/2009 01:25P Weld County, CO 20 of 32 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Rcvised 03/09/04 EXHIBIT D LANDSCAPING PLANS 111111 1111 111111 III 111111 1111111111 III 1111111 111111 3617515 04120/2009 01:25P Weld County, CO 21 of 32 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Revised 03109/04 W W W F F h 4- m { end„ 2,—P , oig°r I a FINAL OVERALL RECLAMATION AND LANDSCAPE PLAN Rl VERBEND Lspm: MAT M an& Nunn cameo I@.a BMW TWA. _Jr rytprru. 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Ri4NND YO l0.AD O raLa ARRAY Y9 NONE a a PSI WELT RREARONE ysPACE US! ARMAIGITS LESEI D 6 YEIOG.EE INGIA MTIS, A1l9MRMTAT ON POND (dL Egl ac scum NILO .0. 4 room RAM TEAL W IKRW POTEMnA. POW., NAL PEOANT emu. MOW, WWI. N]RT Uinta UMW — . .... 6EOWIM a,eMdo NSW LAWS E.l5TAu6 �E•E� SOLT. USE OgOPp3® b ROW ma rO4 ro ROW AWED T.s OaAR l SO -.- - IMO I .E, OA RlEE O.MRPC u.TER.I VTOm ORM= NM MILS ME a WV Raw pmTIA MILE OrY.ET A.voOMMTE MAT. •M W.lTOO Lye O. ale& 61✓MS OOIRAHO.b AMA.4 cj ES MJTfl ] d *oar O RE6AOJMI6 Y%ACO UDEALIMMIWTS PORT LUPTON, LAWN 01101r7 PLAINNG AREA-- ® ® O —+ YTOiAP.N. ° TO AU M IM FINAL. RECLAMATION AND LANDSCAPE PLAN RIVERBEND SMEET INDEX MAP TO YALE NOTES+ .0 sarEWPOS nor MGM OWenen0 Al M time W�iAIISA! 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TO OOOWT 601 0IS 6.67 0555 110900 405400012 7002000 TO 060011 10 52T OOOOlr6. MOAOK Tgw1t7F TO 060,017. 00000. MO U.N. TO 006051. tl 065 a 057 00906. 1NY50.501400t0 70 501. 141000! TO 006.00 505 KW 010MR 10.1004[ TO IPA. I NIT WTI TAPMT0 5 025621 515 S Res MOD T0.54060 70 0001 150 TSSOAEf TO 000611. 0161 5 050- S 55066155 70900Tt TO 000605- 2-5561 S. e0015.354I 70 00057 I SOW, 55. SILT OASIN 04[71 -AND 500w MIX GOOTON 0100E 1010RCOL 0.17 n� OKA PKOGT.a1 .5 6 501 056067 ors.o 0,501•01 0 00 511+sue WWI 005,25 Oa Oa 100550 MOM GKx .0514 ,41 15 020 505(0 0401 600501. 054SI015 Da I 022 0000054106 06555 0205155 50 I 075 TIM M 550 400 TAIII4 10 005 5075/551.05 005051 n4015At 50. 00 5r6a... 5306 0501000 5 DO WWY10AOFOW 05 Oa 0150210015 1.7 0a `TOTK O56 55040 QM .00 44110 562066 - 004E TO K MX. r 05Y0410T 020 1. 150 504 0140 POMO 64fT144 STDRA4E POND) 0*06! MOTION TYPICAL 555E 0 12, 01.006 IAA 055.0E •NATM 010 Orly MTlS 00!00 CROSS SECTION TTO Cu NOTE 5 115 00015.1.. 5505. NO5 9005'7 00001 pa04 5501 04010 5102 1.052 OM 00400 071 1122667 XE W 581 fM b0LANO GEED MIX 5ONMON NATOC 5G®0TI00. NAME SSEDIN6 RATE pasSN MACAWS0151001 35DL YTS. 5 05aM1M 11011/6010 4500041 .1 0024055155 4E 010100 50 0® 1.41155 00 05550041 051401 14 00500 40/00055 0000175 1054..01 11(01 41 SIM. 050.01.55 0500006 000101 TOO 45 m006.70 O0 RR MTV. AM. 0,µT50• ROTI Oa 45 / ACM 001E e0TSP 5000 trot ONO 0.47000 055 0 MEW IL0.0. X40VA0 51.1. 00 4 000 0 502. 0 0.5 *01,.050 5TA INIS DETAIL PON SILT WIN 5ihMMO •Ifr To YALE Oho .ph FINAL RECLAMAT'ON AND LANDSCAPE DETAILS RIVERSEND RECLAMATION NOTES. I. 55 04575 5501,25 Mw FOP 00.004 0000 oWEOYP. 0f0T00 50/.00095 040.00100. 000 MM1005 00 40 OMT.4011005 TIM YO154 MT10 56010 .556 10 1011526 504.44. 1. M 001150 0 R0 o4r065 MI Ob0 0 •005061! 0076 TO eT000c O57.00 wax 1111 wu 105. iO 075... 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MIL 4C w0.. sew.. mw 00 512 ON4OW 00604.5 .500000 IT 0550, 00400 50016 P00 Lop56705011100 , mil. 0011 5MPK10 5X04 5555 005011. 6T 0 00151100 501. R�26A.R. T00515A. 4515. GOOK ALL 00001106 wawa wE ETC. T0W 51015.1.1. Shrh TO 0f Noof 0. TO M5W ✓ u6• 5NM _'265105 .10 767 moo Y MEP 900® 0004 MAW55. 01101 OdR maw ,Ww •A0M9eM10 2655 OMs ororposo 015541. MOWS 104610!1 50.1. 021 0018. . MO 00007 TOP.- . 52.0575 04 7*10 551* £004510 5 Ta55 TO T1 TSC014L5 150400 SPARS 0LANTMG =TAN.. (0N *000001 0057 TO WAX 000 SET 095 520 0 A0 1556 fa. 5026E 52245 Y 004'..00.706 � 50AlYNE 70 50. 500IT106 W0Qw0 f RS 40.501 2155101 MD1M, • Y MW 500 114ANANO 07 0 TL 567.01 515050 44 000 50450/101 TWO1I 010_M 5101065 W 05512.1Treo m M. I. u 5`.57. 0.0 150 WI 5555505 Kt01 0511.0545 57.555, 01055. L OIP550005101W WOODW 4400 TO LO MOT 7 IRK 7000. 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A6 STAN KMMt5 Minh, 0 ORVM011shift 1051P shift SUMS CARS NMI TIM TIM 0115PoE THY. ...aro 2 SY ay, WCR 6 ACCESS PLANS AND WCR 8 CONVEYOR CROSSING PLANS 1 II111111111111111 lilt 1111 III 111111111111111111 IlI1 3617515 04/20/2009 01:25P Weld County, CO 27 of 32 R 0.00 El 0.00 Steve Moreno Clerk & Recorder Revised 03/09/04 SIDE VIEW OP DRIDOE TRu85 .Pr TO W T 'NV a _ 6' 4 cd- H d PLAN VIEW Cl DRIOOS DECK IPr TO slue WE' ®MR0iTR06 UP .TO. Nast RR L..RB O1O<o 03,0 fi---�--Ir -51- 4'r�"�:m°"°' 1I l MOSE SIDE ELEVATION YO! TO 5.16 PROPOSED CR O CROSSING TOT TO Y.61E DIVERSION CHANNEL CROSS-SECTION uo; TO SCALE LINED POND TflPG+L ORGIES -SECTION EXTRACTION NOTIO: II LK606W WU. 36416741E a.. M] L. LPrw'KO w1T3N !KM mob. Lau TO OETERTNLF P TW6 OW 5NP;0 0E 66.0.110,T . IF ! MS LOA aLOT 9.00*TFD. 110.9.0 WLL 4443440 Noe OFFSETS SgTM .114 0*744366* T MOOT FOLOLATNA 66a 14 41160 Lwroa.6 V.61M GOT.. L 04661010 411.1.00.41T61 0011Th wFD5.060w E g60 Two 06O64.H I.UL. WORT IN 6EO75.1.No,rT 5104664. Mp 14.150..T. 0GM 0.0s 1. M v:WtL 1c3 � OF E1. wa fi 641 To. P0a0T5 040)10.0 FOR SwF 5r.n1r1TT. 01 WM.. A.011...146 60065 W -LL tx wwre.v 06 A 9 RK/R OA915 TO 4104110. MDT. D L11:MINAS 1 Ilm 36 MT 3SW210. OO! STOW NoTM.3 (1AIN WT Nev. NNA.5 AT BION YAP a REr O L ono .Ro T OPEN HATER POND TPFl6LL OROEE.IU4.7 ON AGILE 10 T66T NOTE: . wE TN. IO4TYY 6La Loo n wE LLLY8IO.L O6u NM 61D NAV MT .0T P9 ro LnwK Naa UTE TOWT10L6. REWEESZNID .k.00.E53 Diane VIcMYMAP EARL' .- - Nov A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 SECTION 19, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO OWNER/DEVELOPER IMAM NOM NEW" 10170 CDRIRCN MICR NAY. SUITE 200 NESTNINSTER CO 80021 WOE: (303) 6'S7-4300 FAIL' 3031 637-,077 CONTACT: fare R. NECNENTINE SIC7CEIT 91G0�iD.lIF SOS STN STREET GAMES. 90-338-6382 COLORADO 1 WO FAX -970-30E-SA80 CALL Ora IZpf5OCArmTIM 1 G 1-BO0-9922-1987 pNOMr !CTL. LINE Miff R NAY TNN *t1 LLa E030.0 era v AlNar aarral! OTT. NL•LLE Or0ME10 Marl rlEN COMM tIIBNSURE WNTL• GgNSiAL CONS1 RUCION NOTES L SWAM Al .761.1MB � Lame i P Ri EROSION OONrtiOL NOIS a. SYOR PANG i♦tavedu6N+ 9299 EASTMAN PARK WIFE WINDSOR. CO 99338 PFOLA (970) 685-S021 1 6891021 SWAM • lcrlr owns ■ raw NLI • NET v! r Min • NMOR ASE • CONTROL PO1N1 N•J L11E F. raw 5nc L1Nt •a I ^YIN+1.1 W 1P L Lamtaart r...mR�! IN• •OI •E Ar.s • AA •Na . RAW:!idiR^• wT.iiN:..'°ar'{^RINLA add Ida VIM IF NT SHEET ID C -S SHEET 1 OF 1 C-1.1 C-21 GENERALABSREVIATIONS P. ,yt S GENERAL GRADING NOTES ...:=4.11,11.0.11, NWl MIN MA^i1. SEAM � ris�rWisl sr".• • .y IMP �^Ai•S7ALtLH�tl'.tNL ELfp .Katill▪ etik I a. No•N➢IMO 'J��S'SLSl� • SHEETIdDEiX SHEET DESCRIPTION OVER SHEET TOPOGRAPHIC SURVEY LAYOUT PLAN/GRADNG PLAN DETAILS W Gs NOTES PEOPINVERMIF4 "Pk r. KAMM .L•.IIIA0 1111— IMMO ONN Ti:BsT 1r pr. INAILIEMO En NU ■ a • an • .r■ . NN!•!! u• fi• rsTENNIIIMEL .. EN 1.1Y1NY�AI••eww. aS. • N1•! Ni• •^na.. P!! N'1. 111•�TI 1lr.aii Al•OW •Alr In•rP^ NAIL F10 -N0 TOPOGRAPHIC STIR EY LAFARGE FORT LUP'1'ONA CO IMMO • Waal IN re aljggajpg — CAME TV ME - MAIN NNN FENCE — EWE OF NNW — eat CF LIIDSON NIN EDGE O DINT MO - PITS OF NIAVN, ROAD NLNNE \\\ S• . M J— /SS SENA IN TEET IEOTIL- OA.1I_t *meow NJ, IIEVAIIDNS NIDINI WENN ARE USED ON AN OEVAIMN TN= IMO NOS N NA A 3!S' NEON GP SET N ODIC NI V N4 SVT. OP A ONT ACAS AND M UP. mum., 14 N< MANDE POST. IYua.N f1 (NANS NJ I4)TNTAL OATS. COONADO SMITE PLANE COMMA= MAD $51512) DAM. NNeIIAL MINIM NAND UPON NOS OENOU11N111O 1173],15 Rt N-tSi3 lhN EAAIN.ISASE RS NAME SNN1E1I1*+N WAN I•_N( FAS NNnaS AS 40. 1 WWREIM WI r W.. N-l2SWLV -Jf �rir r OP ITrws-M ONMIE DEMO OM PISMO J• NMI ESt YIN OR ?OW It1•IrR e M+ICAL ROAD SECT 0NS mcast OSONESON mop MIRIP MOO E alwwr Era Mg' R I NOTE: SEE SHEET C-2.1 FOR SIGNAGE AND STRIPING PLAN - -a FRI - GPM In _ — ,SE! - •GREEGR —r— NUM Mat as aria GRIM EXISTINGPM NG r• LEGEND - ♦ Isis= GR••GR • ma 44, grt2E • Is /a E▪ • tat 0 as ▪ NEE Mena A an.wr - P GO= 117 'MIMIC LIN OM ▪ - ••I s - • 11. 9GNAGf ANDS rra PUN 0t_ — O IMP M nCKLIT n00•10or, NC. OWN= I moscowry pair. s }.001010?9BROwEGY 02 w SiI iE 3114 es 1 i. E t I E i E Hello