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DOWE FLATS MANAGEMENT AND MONITORING PLANS Submitted by Michael G. Figgs, LREP, Inc. Reference Boulder County Docket SU-93-14 1.0 Introduction The original Dowe Flats Project Management and Monitoring Plans were submitted to Boulder County on September 12, 1994 as a voluntary commitment made by Southdown, Inc. (now Cemex as explained below). The plans were updated during the Yeaz-1, 3 and 5 reviews. This document updates the plans for the Yeaz-10 review. According to the voluntary agreements made by Southdown, Inc. at the time of the approval of the Special Use Permit (SHB AGRA document dated May 19, 1994), the Management and Monitoring Plans aze to address the following issues: • Land Use • Agriculture • Wildlife • Cultural Resources 2.Q Change of Land Ownership Since the Year-5 review there have been several changes regarding the ownership of the property within the 1,955.4 acre mine permit boundary (Figure 2). 2.1 Cemex, Inc. In November 2000, an indirect subsidiary of CEMEX, S.A. de C. V. (a Mexico company) acquired the stock of Southdown, Inc. through a cash tender offer. After it acquired the requisite percentage, the subsidiary was merged into Southdown, Inc., with Southdown, Inc. being the surviving entity. Subsequently, Southdown, Inc. was renamed CEMEX, Inc. ("Cemex"). 2.2 Partition of Dowe Flats Ownership On July 15, 2002, Boulder County ("County") purchased the undivided 50% reversionary interest in approximately 1600 acres of Dowe Flats from Marigold 41 (Cemex and Marigold 41 each held an equal and undivided interest in all of Dowe Flats, subject to a co- tenancy agreement). Immediately thereafter, Cemex and the County terminated the co- tenancy agreement and partitioned the property into sepazate ownership parcels pursuant to a July 11, 2002, Purchase Agreement, Lease and Option to Purchase ("Partition Agreement", refer to Figure 2). In accordance with the terms of the Partition Agreement, Cemex and the County each became the sole, fee owners of approximately 800 acres in Dowe Flats. The Cemex-owned acreage includes the primary site of mining operations (i.e. quarry, crusher, conveyor corridor and operations center), and the County-owned property generally lies on the outer perimeter of Dowe Flats, roughly in the shape of a horseshoe and adjacent to County-owned open space on Indian Mountain and Rabbit Mountain. Pursuant [o the Partition Agreement, the County immediately leased back its 800 acres to Cemex, for a term consistent with the completion of Cemex's mining and reclamation operations at Dowe Flats. The terms of the lease provide for Cemex to use the County- owned property "solely for agricultural purposes and for buffer azeas to comply with [Cemex's mining and reclamation] permit..." Cemex may also sublease the County property to Leonard Loukenon for one year terms, subject to the County's approval. During the term of the lease, the County may enter the property "to engage in agricultural,