2021-02-26_GENERAL DOCUMENTS - M1977361

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UBe Land Use Courthouse Annex • 2045 13th Street • Boulder, Colorado 80302 • Tel- 303.441 3930 Mailing Address: P O. Box 471 Boulder,Colorado 80306 • www.bouldercounty.org 1 June 14, 2019 9 I I Dr. Uwe Lubjuhn Plant Manager I CEMEX Lyons Cement Plant 5134 Ute Highway I Longmont, CO 80503 I Re: CEMEX's Pre-App Meeting Scheduled for June 20, 2019 Dear Dr. Lubjuhn: , IA request for a pre-application meeting requires us to prepare by reaching out to involved departments and conducting an in-depth review of the records relevant to the property. During the preparation for our upcoming pre-application conference on June 20, at which we will discuss the potential for extending CEMEX's mining permit for Dowe Flats, I have been conducting research and reviewing the documents that are applicable to the timelines in CEMEX's mining permit and related real estate documents. In reviewing the real estate documents, I have learned of an issue that may influence whether we have our pre-application conference and what we will discuss at that meeting. As you are likely aware, Boulder County Land Use Resolution #94-81 (the "Resolution"), which became effective on May 26, 1994,gave CEMEX's predecessor in interest, Southdown, Inc., a mining permit that allowed mining for a period of 25 years from the "date of commencement" of mining. The "date of commencement" was defined in Paragraph 15 of the Resolution as "...the movement of at least 100,000 tons of mined material from the permit area to the plant site..." On September 30, 1997, Southdown sent Boulder County a letter indicating that event had occurred.Though the letter doesn't specify when that event had occurred, the county is comfortable using the date of the letter as the "date of commencement," making September 30, 2022 the end of the 25-year mining period. Also relevant to the timeline for CEMEX's mining permit is the Covenant Running with the Land (the "Covenant")that was recorded on July 17, 2002 at Reception No. 2308595. The Covenant is between Boulder County and the two individuals who were principals in Marigold 41,the entity from which Boulder County received title to various real property interests associated with CEMEX's mining of Dowe Flats.The Covenant,which was a requirement that needed to be executed in order to obtain Marigold 41's property rights, establishes a commitment by Boulder County to prevent,to the extent possible, use of the property for mining after December 31, 2021. j Deb Gardner County Commissioner Elise Jones County Commissioner Matt Jones County Commissioner