2018-06-26_PERMIT FILE - M1977141

• Permit No: M1977141
• IBM Index Class Name: PERMIT FILE
• Doc Date: 6/26/2018
• Doc Name Note: Notice of Material Imported for Backfill
• Doc Name: Comment
• From: Aggregate Industries
• To: DRMS
• Email Name: AME
• Media Type: D
• Archive: No

Parks and Open Space
BOUldet 5201 St.Wain Road•Longmont,Colorado 80503
County 303.678.6200•Fax:[phone]•www.bouldemounty.org
June 16,2017
IMPORT MATERIAL AND FILL AGREEMENT
Re: Use of Lyons Quarry for Dhposal ofMaterial from South St. Frain 0eek Restoration Project
This Agreement(the"Agreement")is made and entered into effective the s day of June,2017,
between Aggregate Industries-WCR,Inc.("Aggregate"),with its principal place of business loeaood
at 1687 Cole Boulevard,Suite 300,Golden,CO 80401;and County of Boulder,a body corporate and
politic,acting through Boulder County Parks and Open Space("Boulder County")located at 5201 St.
Vmin Road,Longmont,CO 80503.
WHEREAS,Aggregate is the Operator under Colorado Division of Reclamation,Mining and Safety
(DRMS)Permit No.M-1977-141 —Lyons Quarry, located adjacent to South St.Vrain Creek in
Boulder County.
WHEREAS,Boulder County is the owner of the property upon which the Lyons Quarry is located.
WHEREAS,Aggregate has completed its mining of the Lyons Quarry,but has an obligation to
complete reclamation of the site to comply with its mining permit.
WHEREAS,Boulder County has completed a design for an emergency watershed protection
("EWP")project on an approximately 1.2 mile section of South St.Vmin Creek,which begins
approximately%of a mile downstream of the Lyons Quarry. The EWP project will involve
restoration of the floodplain and stream channel. The county has contracted with RMC Consultants
to complete the work,and the project will begin in June or July of 2017 and be completed by early
2018.
WHEREAS,the EWP project will result in the generation of tens of thousands of cubic yards of
material(mostly cobble and sand deposited during the 2013 flood)that needs to be removed from the
creek's floodplain.
WHEREAS,Aggregate is willing and interested in having the excess cut material from the Boulder
County's EWP project deposited in the Lyons Quarry and incorporated into the reclamation of the
site.
NOW,THEREFORE,in consideration of the mutual covenants,undertakings and agreements
herein contained,and other valuable considerations,the receipt of which is hereby acknowledged,
Aggregate and Boulder County covenant and agree as follows:
1. Boulder County will deliver,free of charge,approximately 48,000 cubic yards of clean,inert
fill material from the EWP project to the Lyons Quarry and place it outside of the floodplain
and within the limits and slopes as set forth in Figure 1 attached hereto as Exhibit A.
2. Aggregate agrees to accept,free of charge,the clean,inert fill material in accordance with its
Inert Material Acceptance Policy,a copy of which is attached hereto as Exhibit B.
3. Boulder County will complete and submit to Aggregate the Inert Materials Profile and
Affidavit form as referenced in the Inert Material Acceptance policy. A copy of the form is
attached hereto as Exhibit C.
Cindy Domenico County Comnilwicner Deb Gardner County Comm/ssfoner Elise Jones County Commissloner