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Home My WebLink About20111084 lit TETRA TECH April 29, 2011 Mr. Peter Hays Division of Reclamation, Mining and Safety 1313 Sherman Street, Room 215 Denver, CO 80203 RE: Response to Adequacy Review Comments for Lafarge West, Inc.'s 112 Reclamation Permit Application for Iverson Mine(DRMS File No. M-2011-001) Dear Mr. Hays: We received your Adequacy Review comments regarding the 112 Reclamation Permit Application for the Iverson Mine. Below is a listing of each of your comments followed by our responses in italics. 1. As required by Rule 1.6.2(d) and 1.6.5(2), please submit proof of publication in a newspaper of general circulation in the locality of the proposed mining operation. As you stated in your letter, the Division received proof of publication in the Greeley Tribune on March 3, 2011. 2. As required by Rule 1.6.2(e), please submit proof of the notice to all owners of record of surface and mineral rights of the affected land and the owners of record of all land surface within 200 feet of the boundary of the affected land including all easement holders located on the affected land and within 200 feet of the boundary of the affected land. Proof of notice may be return receipts of a Certified Mailing or by proof of personal service. As you stated in your letter, the Division received copies of the Certified Mail Receipts for the adjacent landowners, structure owners and easement holders. 3. The copy of Exhibit C— Pre-Mining Plan Map submitted by the Applicant in the permit application did not indicate the following noticed land and structure owners. Please revise Exhibit C to indicate the following owners: a. 83r°Joint Ventures LLC b. Corozona LLC c. Mary Stevens d. Wells Fargo Bank, N.A. e. Wells Fargo Home Mortgage, Inc. Labels for each of these structure owners have been added to Exhibit C(see Attachment 1). 4. Please submit proof of notification of the following owners of the easements located on the affected land and within 200 feet of the boundary of the affected land as indicated on Exhibit C: a. Bellwether Exploration Co. b. Owner of the 20' wide access & utility easement Record No. 3325375 We overlooked Bellwether Exploration Co. and did not notice them when all other notices were sent out. Bellwether Exploration is now DCP Midstream. On April 11, 2011, we mailed a public notice to DCP Midstream. Their notice indicated that they should submit any comments to the DRMS comments by 4:00 pm on May 2, 2011. Attached is a copy of the certified mail receipt for the public notice (see Attachment 2). The owner of the 20'wide access and utility easement is TowerCo; TowerCo was noticed and copy of the notice was already provided to the Division. 5. The label for"Joseph D. and Kortney L. Nelson is not legible on Exhibit C—Pre-Mining Plan Map. Please correct this error. The entire label for"Joseph D. and Kortney L. Nelson"can now be seen on Exhibit C (see Attachment 1). R"-bUj �kA) , FL 2011-1084 0 Page 2 of 8 TETRA TECH Mr. Peter Hays April 29, 2011 6. The Division received comments from the Colorado Division of Water Resources, Colorado Historical Society, the Corps of Engineers and Noble Energy. The letters are attached for review. Please address the comments noted in the letters and make any changes to the application as necessary. Attached please find response letters to the Colorado Division of Water Resources, Colorado Historical Society, and the Corps of Engineers(see Attachment 3). As you know, Noble withdrew their objection to the project because Lafarge and Noble signed a Surface Use Agreement. Therefore, no response to Noble's letter was needed. 6.4.3 Exhibit C— Pre-Mininq and Mining Plan Maps of Affected Land 7. Please depict the proposed mining offsets to permanent man-made structures and the Cache la Poudre River on the Mining Plan Map. We have created a new sheet(Sheet 4) as part of Exhibit C to be able to clearly and legibly show dimensions for the mining offsets to permanent man-made structures. Attached please find a complete, updated version of Exhibit C(Attachment 1). 6.4.4 Exhibit D- Mining Plan 8. The Applicant states mining will begin in the southeast corner of the mining cell and continue to the center cell, north cell and conclude in the southwest corner of the cell. Please clarify if the Applicant is proposing a phased mining plan or a conceptual mining plan. The applicant is proposing to mine the Iverson Mine in one phase. 9. If a phase mining approach is planned, please provide the following information and depict the mining phases on Exhibit C—Mining Plan Map. a. the size of area(s)to be worked at any one time b. a description of the size and location of each area to be worked during each phase c. an estimate of the periods of time which will be required for the various stages or phases of the operation As indicated in response to comment 8, the property will be mined as one phase. The acreage of this single phase is 45.1 acres. A detailed description of how this single phase will be mined is provided in the "Methods of Mining"section of Exhibit D (on pages D1 and D2). The amount of time it will take to mine the site is dependent on market conditions;however, Lafarge anticipates that it will take four to five years to mine the site. As Lafarge mines the site, they will reclaim the property as described in Exhibit D. 10. Please commit to providing the Division with an approved NPDES discharge permit from the Colorado Department of Public Health and Environment. Attached is a copy of the approved NPDES permit(Attachment 4). 11. Please commit to providing the Division with a copy of the Drainage Report prepared for Weld County. We will provide a copy of the Drainage Report to the DRMS once it is accepted by Weld County. 12. The Applicant states stockpiles will be broadcast seeded and incorporated into the weed control program. Please provide the Division with a copy of the weed control plan for the Iverson Mine. The weed control plan must include the following requirements and be prepared in consultation with the appropriate local weed control authority; a list of potential noxious weed species (target species), the control methods and treatment window for each species, monitoring plan and follow-up plan. Attached is a Weed Management Plan for the Iverson Mine (Attachment 5). 13. The Applicant states Lafarge is working with the Corps of Engineers regarding the regulatory requirements related to the created wetland area on the east edge of the mining cell. Please commit to providing the Division with a copy of the 404 permit or documentation a 404 permit is not required by the Corps of Engineers. Lafarge will provide the Division with a copy of the required Corps of Engineers permit or documentation that no permit is required, once it is obtained. Page 3 of 8 lb TETRA TECH Mr. Peter Hays April 29, 2011 14. The mining plan proposes a 100-foot setback from the Cache La Poudre River. In order to mine within 400 feet of the river, plans for engineered inflow and outflow structures must be submitted to the Division for review. This comment relates to comment 16 which we are still working through. Therefore, we will respond to this comment and provide the required information at a later date. 15. Due to the prevailing wind direction and fetch distance of the final lake configuration, the Division will require the Applicant to complete a wave analysis and wind erosion study for the site. A wave analysis and wind erosion study for this site is not necessary. As a below grade reservoir, any wave induced erosion significant enough to cause embankment failure would not result in a significant public safety hazard for the following reasons: • The embankment width, as currently designed, is no less than 100 feet. Full erosion of an embankment of this width is very unlikely. If a wave of significant height were to overtop the embankment, the width would allow the water to spread out and dissipate. • The maximum water surface in the reclaimed mine would only be slightly higher at select times of the year. In the unlikely event of an embankment failure that connects the river and the reclaimed mine, any release of water would be contained within the normal banks of the river. • The reclamation slopes are proposed to be 3/-I:1 V. The gentleness of the slopes significantly reduces the risk of failure. 16. Portions of the proposed mine site lie within the 100-year flood plain of the Cache la Poudre River. In the event of a significant flood event(100-year flood or greater) it is likely the proposed pit will be captured by the Cache La Poudre River. Wherever mining will occur within 400 feet of the river channel, a flood analysis and flood control plan must be evaluated and submitted. This would include pit side armoring, river side armoring, inflow and outflow channels, or other appropriate measures. Accordingly, the Division requests the Applicant provide the flood elevations(s)to be expected under a "worst case"flooding scenario and specific mitigation measures that will be implemented to minimize the potential for any offsite impacts. The potential for"berms" around gravel pits to be damaged during flooding is discussed in detail in the 1987 Urban Drainage and Flood Control District(UDFCD) Publication "Technical Review Guidelines for Gravel Mining Activities within or Adjacent to 100-year Floodplains." Strips of native ground or constructed fill between the stream and the gravel pit, and generally aligned with the flow direction of the stream are referred to in the UDFCD document as riverside berms. Riverside berms are proposed in the Iverson Mine application, which may be prone to erosion during a flood event. The required inflow/outflow structures are intended to mitigate possible slope failure during flood events for these berms. The Iverson Mine is outside of the political boundaries of the UDFCD, but the technical floodplain factors that led to the formation of the UDFCD guidance still apply and will be used to review the adequacy of the flood mitigation structures proposed for the site. Additionally, the site and surrounding area have a history of flooding as demonstrated by flooding event last summer which caused extensive damage to the 83rd Joint Venture mine site located east of the Iverson Mine and involved the Boyd Freeman Ditch located adjacent to the Iverson site. We will provide a response to this comment at a later date. 17. The Applicant intends to install a conveyor structure to transport material to the 35th Avenue site, File No. M-1977-036, for processing. The conceptual drawings included in Exhibit C are not adequate. Please provide additional information regarding the conveyor structure (i.e. composition, length, width, height, foundations, etc.) and a specific plan for reclamation of the structures. Additional details of the conveyor structure have been added to Exhibit C(Attachment 1). The conveyor structure will be anchored to the ground with rebar; no permanent foundations will be needed. Therefore, there will be little ground disturbance under the conveyor; once the conveyor is removed, the land will just need to be reseeded. r--% Page 4 of 8 T TETRA TECH Mr. Peter Hays April 29, 2011 6.4.5 Exhibit E -Reclamation Plan 18. The Applicant states Russian Olives existing prior to mining will not be removed by Lafarge. Russian Olives are a B List noxious weed and must be eradicated from the site. Please commit to eradicating the existing Russian Olives at the site as part of the weed control program. Russian Olives are addressed on the attached Weed Management Plan (Attachment 5). Lafarge commits to eradicating the Russian Olives upon commencement of operations on the Iverson site. Exhibit E has been revised to remove the statement regarding Russian Olives(see Attachment 6). 19. The Applicant states the availability of the proposed seed mixtures may dictate the need for variety substitutions. Once approved by the Division, a revision to the seed mixture would require the Operator to submit and get approval for a technical revision, per Rule 1.9, to alter the seed mixture. Lafarge understands that a modification to the seed mixture would require a technical revision. In addition, as part of the Weld County USR review process, the County asked us to modify the proposed seed mix information listed in Exhibit E and F. Attached are updated versions of Exhibit E (Attachment 6) and Exhibit F(Attachment 7). 6.4.7 Exhibit G -Water Information 20. The application states the landowners are responsible for supplying all of the water required for augmentation during mining and after the mine has been reclaimed. The Applicant should be aware a permanent augmentation plan will need to be in place prior to release of the permit when reclamation is complete. Lafarge is aware that a permanent augmentation plan will need to be in place prior to release of the permit when reclamation is complete. 21. The application states the landowner will file a Temporary Substitute Supply plan to address any depletions due to operations on the Iverson property. The Applicant should be aware that this plan needs to be in place prior to exposure of groundwater. Lafarge is aware that a Temporary Substitute Supply Plan will need to be in place prior to exposure of groundwater. 22. Please commit to providing the Division a copy of the approved Temporary Substitute Water Supply Plan for the site. Lafarge will provide the Division with a copy of the approved Temporary Substitute Water Supply Plan prior to operations on site. 23. The Applicant states dry mining will occur at the site, and a rather limited extent of drawdown due to the mine dewatering operation is projected beyond the Iverson property. The Division requests the Applicant quantitatively define or predict the cone of depression expected for any areas to be dewatered and dry mined. The cone of depression and assessment of other effects should define, at a minimum, the horizontal and vertical extent of expected impacts. Attached is a Figure showing the estimated cone of depression (Attachment 8). The cone of depression is limited on the river side of the pit because the river forms a hydrologic boundary. On the river side of the pit, it is anticipated that stress to vegetation will occur and the property owner is aware of and accepts this. The cone of depression will also extend to the south and east of the mine. In these areas, impacts to wells are anticipated. Only two wells have been identified within the cone of depression. Both of these wells are owned by the property owner and he is aware that they will likely be impacted. If unforeseen well related issues occur, Lafarge will implement their groundwater mitigation plan that details responses and mitigations for well related concerns. Similarly, effects to vegetation may occur within the cone of depression to the south and east of the mine. If it is determined that the dewatering is affecting nearby trees or other vegetation beyond the property, Lafarge will implement corrective actions which may include pumping water from the pit to the affected area or supplying another source of water. 24. The Applicant has installed eight(8) monitoring wells in the area of the Iverson Mine. Monitoring wells are required to be permitted by the Office of State Engineer. Please provide proof of monitoring well permits to the Division. Attached are copies of the well permits (Attachment 9). Page 5 of 8 TETRA TECH Mr. Peter Hays April 29, 2011 25. The Applicant states the registered alluvial wells within 600 feet were identified based on SEO records. Were field inspections conducted to identify ALL wells within 600 feet? Will any wells beyond the 600-foot radius be affected by the mining operations? Field inspections were conducted to confirm the locations of wells within 600 feet. The wells that were field located are on property owned by Joe and Kortney Nelson, Lowell Three and Four LLC, and Tim and Jeanne Iverson. The SEO records indicate that there are existing wells on the Bonnie J. Beebe, Vera A. Smotherman Trust and Jeanne B. Creech Trust property that could be within 600- feet of the Iverson Mine. We contacted Mrs. Beebe to request permission to access her property to field verify the location of her wells;however, she refused to grant us access to the property. Therefore, we have not performed a field inspection of these wells. At this time, we cannot definitively say if wells beyond the 600-foot radius will be affected by the mining operations. However, at the request of well owners, Lafarge has agreed to monitor several wells beyond the 600-foot radius and the groundwater mitigation techniques outlined in the Groundwater Monitoring and Mitigation Plan will apply to these wells beyond the 600-foot radius. 26. The Applicant needs to describe how the drawdown of the pit and any shadowing/mounding effects will impact the structural integrity of the surrounding wells, surface water drainages, activities which rely on ground water in the vicinity of the site, and vegetation on or near the site (including the cottonwood trees in the riparian area near the Cache La Poudre River and the wetland area adjacent to the pit). The Applicant must also describe any mitigation measures to be implemented and trigger points that would put mitigation measures into effect. The pond is to be unlined; therefore, mounding effects will not occur during mining. The estimated limits of the cone of depression are discussed in response to comment 23. 27. The mitigation section of the application states mitigation measures would be implemented after receipt of an owner complaint and confirmation of the two foot trigger point. The Applicant should be aware that mitigation measures should be implemented once the two foot rigger point is confirmed during two sampling events. If the Applicant desires, a separate set of mitigation measures to be incorporated once the two foot trigger is reached without an owner complaint may be proposed, the Applicant may submit these to the Division for review. Lafarge believes it is unnecessary to have a separate set of mitigation measures for if a two foot trigger is reached without an owner complaint. Past compliance issues have all been dealt with satisfactorily by Lafarge without a separate set of mitigation measures. 28. The submitted information also indicates that there are other potential impacts to depression of the groundwater elevation, specifically with regard to vegetation in the area. It appears there may be cottonwoods located adjacent to the river which would be impacted by the drawdown from dewatering the pits. These trees are likely critical winter roosting habitat for raptors, the Applicant should submit information to the Division committing to measures to protect these trees from the impacts of dewatering. Additionally, the Applicant should submit information to the Division regarding other areas that may be negatively impacted by drawdown of groundwater, for example, any sub-irrigated pasture in the proposed cone of depression, and measures it will take to mitigate these effects. The cottonwood trees that could potentially be impacted by the mine are those located on the south side of the river on the Iverson property. Lafarge has spoken with Mr Iverson about the fact that there is a chance the cottonwood trees on his property could be stressed or die as a result of the mining of his property. He said he understands this risk and is willing to accept it In addition, based on the findings outlined in Exhibit H, which was prepared by Buys and Associates, we do not agree with the comment that"these trees are likely critical winter roosting habitat for raptors". As stated in Exhibit H, "A majority of the habitat in the Project Area has been altered by agricultural practices. As such, impacts associated with disturbance of this habitat are likely to have minor impacts to wildlife species. ...higher quality habitats are located in close proximity to the proposed project area. Although some of the resident wildlife species utilizing the property may be temporarily displaced by the proposed mining activity, final reclamation would provide more diverse and higher quality habitat for wildlife currently utilizing the site and would likely draw many other species." Page 6 of 8 Th 1 TETRA TECH Mr. Peter Hays April 29, 2011 6.4.12 Exhibit L-Reclamation Costs 29. The Applicant states 29.1 acres of land will be revegetated with the upland seed mix. In Exhibit E, the Applicant provided a seed mixture for the transitional zone/water's edge. Please provide the estimated acreage to be reseeded with the transitional zone seed mixture. The estimated acreage of land to be reseeded with the transitional zone seed mix is 2 acres. 30. The proposed mining and reclamation plans for the site includes dewatering of the pits, the bond calculation for the site should include costs related to dewatering of the pit to account for the costs incurred by the state if water had to be removed from the pit in order to establish the proper reclaimed slopes along a pit wall. Please include an estimate for the dewatering activities in the financial warranty estimate. We updated the Exhibit L cost estimate spreadsheet(see Attachment 10) to include a dollar amount to dewater. For the estimate, we assumed the pit would need to be dewatered for 9 months at a cost of$4,000 per month. To arrive at this estimate, we assumed the pit would be filled with water and that it would take 6 months to dewater the pit and then another 3 months of continued dewatering during site reclamation work. 31. The Division will estimate the cost to reclaim the site based on the information submitted once the Applicant addresses the concerns noted in this letter. In addition, the Division will include costs to comply with the Office of the State Engineers requirement for out-of-priority groundwater depletions. The reclamation plan proposes 44.1 acres of open ground water will remain after the site is reclaimed. Lafarge or the landowner must obtain a court approved augmentation plan from the Office of the State Engineer. The Division is required to set the financial warranty at a level which reflects the actual current cost of fulfilling the conditions of the Reclamation Plan per Rule 4.2.1(1). Therefore, without an augmentation plan in place the financial warranty must be set at an amount which accounts for the exposed groundwater. The Division has identified several options for determining the amount of the financial warranty. The Applicant must choose one of the following options to be included in the financial warranty calculation: a. Backfill all of the pits to two feet above the groundwater level. b. Install a slurry wall or clay liner. c. Provide the Division with documentation from SEO, which demonstrates the Applicant owns a sufficient amount of shares of water to cover the evaporative losses from the exposed groundwater and the said shares have been committed to the SEO should the financial warranty forfeited and the permit revoked. If the Applicant obtains an augmentation plan prior to final release, then the financial warranty will be adjusted accordingly. Lafarge is working on deciding which option they will follow; we will notify the DRMS once a decision is made. 6.4.13 Exhibit M -Other Permits and Licenses 32. Please commit to providing the Division with of the approved permits and licenses required at the Iverson Mine. Lafarge will provide the Division with copies of the approved permits and licenses required to operate the Iverson Mine. Page 7 of 8 Th TETRA TECH Mr. Peter Hays April 29, 2011 6.4.14 Exhibit N -Source of Legal Right to Enter 33. The Applicant submitted a draft road crossing license between Great Western Railway of Colorado, LLC and Lafarge West, Inc. During the Pre-Operational inspection, Lafarge explained the completed road crossing license with Great Western Railway would not be finalized until mining operations started at the site. Please commit to finalizing and providing a copy of the license to the Division prior to beginning mining activities at the site. Lafarge will provide a copy of the finalized license agreement with Great Western Railway to the Division prior to beginning mining activities on the site. 34. The"term" section on page 1, section 2 of the Gravel Property Lease with Mr. Timothy and Mrs. Jeanne Iverson is not complete. Please provide a completed copy of the lease. Attached is a copy of the lease with the "term"section completed(Attachment 11). 35. In section 7, item D of the lease with Mr. Timothy and Mrs. Jeanne Iverson the lease states, operations will not occur immediately adjacent to(within 200 ft.)the existing residence on the Property without Lessor's express consent. The applicant is proposing to mine within 145' of the residence in the mining plan. Please provide a signed structure agreement with Mr. and Mrs. Iverson to mine within the proposed offset from their residence. Attached is a copy of structures agreement between Tim and Jeanne Iverson and Lafarge (Attachment 12). 6.4.18 Exhibit R- Proof of Filing with County Clerk and Recorder 36. Please provided an affidavit or receipt indicating the date on which the revised application was placed with the local County Clerk and Recorder for public review, pursuant to Subparagraph 1.6.2(1)(c). Attached is documentation indicating that a copy of these revised application materials have been placed with the Weld County Clerk to the Board of County Commissioners for public review (Attachment 13). 6.4.19 EXHIBIT S - Permanent Man-made Structures Where the mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the applicant may either: (a) provide a notarized agreement between the applicant and the person(s) having an interest in the structure, that the applicant is to provide compensation for any damage to the structure; or (b)where such an agreement cannot be reached, the applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or. (c)where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have"no negative effect" on their utility. 37. Please provide the Division evidence the Applicant attempted to obtain notarized structure agreements, typically a certified mail receipt, with all owners of the structures on and within 200 feet of the affected area at the Iverson Mine prior to performing the submitted engineering evaluation. We attempted to reach an agreement with all man-made structure owners within 200 feet of the affected land. Below is a summary of the status of each agreement: • Xcel Energy: We did not get a response to our request. Attached is a copy of the request sent to Xcel along with a copy of the certified mailing receipt showing it was mailed and received by Xcel (Attachment 14). • Weld County: A copy of a signed agreement is attached(Attachment 15). Page 8 of 8 lb TETRA TECH Mr. Peter Hays April 29, 2011 • TowerCo: We do not have a signed agreement with TowerCo. Attached is correspondence that Tetra Tech and Lafarge had with TowerCo along with our certified mailing receipt as documentation that we attempted to reach an agreement(Attachment 16). • Tim and Jeanne Iverson:A copy of the signed agreement is attached(Attachment 12). • Noble Energy:A copy of the signed Surface Use Agreement is attached(Attachment 17). • City of Greeley: We do not have a signed agreement with the City of Greeley. Attached is correspondence that Tetra Tech and Lafarge have had with the City of Greeley along with our certified mailing receipt as documentation that we attempted to reach an agreement(Attachment 18). • Boyd Irrigation Company: We do not have a signed agreement with the Boyd Irrigation Company. Attached is correspondence that Tetra Tech and Lafarge had with the Boyd Irrigation Company along with our certified mailing receipt as documentation that we attempted to reach an agreement(Attachment 19). 38. During the Pre-Operational inspection, Lafarge indicated a structure agreement with Noble Energy was being completed for the site. Please provide the Division with a copy approved agreement with Noble Energy. Attached is a copy of the finalized Surface Use Agreement with Noble Energy(Attachment 17). 6.5 Geotechnical Stability Exhibit 39. Division staff is reviewing the stability analysis prepared for the Iverson Mine. An additional adequacy review letter may follow pertaining to the geotechnical stability section of the application. We received your correspondence dated April 19, 2011 regarding the Slope Stability Analysis. As you requested in your comments, we updated the slope stability analysis for the communication tower to include surcharge loads imposed by the stockpiles and tower. The attached results have also been adjusted to indicate the mining depths anticipated near the tower location. The results of the model show that the Factor of Safety is at 1.3 at the tower which exceeds the DRMS requirement. (Attachment 20) On the attached updated version of Exhibit F: Reclamation Plan (Attachment 7), you will also see that we made modification to the reclamation topography. As part of the Surface Use Agreement that Lafarge negotiated with Noble Energy, we had to modify the Reclamation Plan to show that Lafarge will reclaim the Operations Areas around each of Noble's wells back to upland. In addition, the Seed Mix information has been changed per the request of Weld County. Thank you for your consideration. Please contact me if you have any questions or need any additional information. Sincerely, TETRA TECH ,j c4011141 (4'..i\ /ternit Pamela Franch Hora, AICP Senior Planner Attachments cc: Anne Best Johnson, AICP, Lafarge West, Inc. P 123511\133-23511-10002\Deliverables\DRMS\Adequacy Reviews Adequacy Review Response.doc Attachment 1 : Exhibit C LARGE MAPS AVAILABLE FOR VIEWING AT THE CLERK TO THE BOARD 'S OFFICE , IN THE PUBLIC REVIEW FILE . Attachment 2: DCP Midstream Certified Mailing Receipt U.S. Postal Service:, CERTIFIED MAIL„ RECEIPT in (Domestic Mail Only;No Insurance Coverage Provided) F.r.elivery int.rmati•n visit .urwe cite at wwwus.s.c.m m Or` FICJAL USE co P' Postage $ ru ru Certified Fee 2so Return Receipt Fee Q A, Poorness 1-4 (Endorsement Required) .30 O( N010 Resaleted Deletes Fee J / (Endasemennl Requited) O -/1 r Total Postage a Fees $ — 5_ ru r CQ .. i.5}rrat,, r' [Yrys State.zlwt ree. CD S0(03 SEN BE': COG]'LETE THIS SEC�UN Complete and S.Also complete A Delivery Is desired. O Agent • Print your name and address on the reverse _ O Addressee so that we can return the card to you. A (Printed eceIved by( d Name) C.Date of Delivery • Attach this card to the back of the maliplece, ec,� or on the hunt lf space permits. a e• c Addressed to: D.Is delve yaddnee Oiliest n fro Sem to O Yes a n YES,enter denitrify adding below: O No P5)ry,ea.n-. 3 4 N • 7 -I-1-. A Qe . CYtic1ato , Co & G3) t)glavloolYalt Conned MW O Egress Mtll Registered Rah.n Receipt far merchandise O Insured Mall CI C.O.D. 4. Restricted Delivery?pima Des) O The 2. Ankle Number mber Iran service Whop 7007 2560 0000 2298 8013 PS Form 3811,February 2004 Domestic Return Receipt 102385-024A-1/540 Attachment 3: Response letters to Colorado Division of Water Resource, Colorado Historical Society, and Corps of Engineers 0 TETRA TECH April 27, 2011 Mr. Timothy T. Carey Chief, Denver Regulatory Office Department of the Army Corps of Engineers, Omaha District Denver Regulatory Office 9307 South Wadsworth Blvd. Littleton, CO 80128-6901 RE: Response to Comments Regarding Lafarge West, Inc., Iverson Mine, DRMS File No. 2011-001 Dear Mr. Carey: We received a copy of your letter dated January 28, 2011 regarding Lafarge West, Inc.'s Iverson Mine project. Prior to operations on the site, Lafarge will contact your office and provide all necessary information for any work on the site that involves the discharge of a dredged material, and any excavation associated with a dredged or fill project, either temporary or permanent, in an aquatic site, which may include ephemeral and perennial streams, wetlands, lakes, ponds, drainage ditches and irrigation ditches. Please contact me at 720-864-4507 or pam.hora@tetratech.com if you have any questions. Sincerely, TETRA TECH \- 4_91)-4- Pamela Franch Flora, AICP Senior Planner cc: Anne Johnson, Lafarge West, Inc. Corey Hansen, Lafarge West, Inc. Peter Hays, DRMS P:\23511\133-23511-10002\Deliverables\DRMS\Adequacy ReviewWmy Corps Response doc 1900 S Sunset Street,Suite I-F Longmont.CO 80501 Tel 303.7725282 Fax 303.772 7039 www.tetratech-com ITh TETRA TECH April 27, 2011 Mr. Edward C. Nichols State Historic Preservation Officer Office of Archaeology and Historic Preservation 1300 Broadway Denver, CO 80203 RE: Response to letter regarding Lafarge West, Inc.'s Iverson Mine Application to the DRMS (Permit No. M-2011-001) Dear Mr. Nichols: We received a copy of your letter dated January 28, 2011 regarding Lafarge West, Inc.'s Iverson Mine application under review by the DRMS. If any human remains are discovered while Lafarge West, Inc. is mining the Iverson Mine site, they will immediately notify the Weld County Coroner and Sherriffs Office as is required by CRS 24-80 part 13. Sincerely, TETRA-TE C H Pamela Franch Hora, AICP Senior Planner cc: Anne Johnson, Lafarge West, Inc. Peter Hays, DRMS N23511\133-23511-10002\Deliverables\DRMSAdequacy Revien9Arch and Hist Reap dcc 1900 S.Sunset Street.Suite I-F Longmont,CO 80501 Tel 303 772.5282 Fax 303 7727039 wwwtetratech.com ltTETRA TECH April 27, 2011 Ms. loana Comaniciu, P.E. Department of Natural Resources Division of Water Resources 1313 Sherman Street, Suite 818 Denver, CO 80203 RE: Response to Comments Regarding Lafarge West, Inc., Iverson Mine DRMS File M-2011-001 Dear Ms. Comaniciu: We received a copy of your memo dated February 2, 2011 regarding Lafarge West, Inc.'s Iverson Mine project. Below is a listing of your comments followed by our responses: The proposed operation will still consume ground water by: evaporation, dust control, reclamation, water remove in the mined product, processing, and dewatering. Prior to initiation of these uses of ground water, the applicant will need to obtain either a gravel pit or other type of well permit, as applicable. However, prior to obtaining a permit, an approved water supply plan or decreed plan for augmentation is required. Our records show that a well permit application and associated temporary substitute water supply plan have not been submitted to the State Engineer's Office. Lafarge acknowledges this is comment and commits to providing the required information prior to operations commencing on-site. Prior to approving a well permit, the applicant must conduct a field inspection of the site and document the locations of all wells within 600 feet of the permit area. The applicant must then obtain a waiver of objection from all well owners with wells within 600 feet of the permit area or request a hearing before the State Engineer. Tetra Tech conducted a field inspection and we identified 2 Iverson wells within 600. Lafarge will obtain the required waivers 6 months prior to mining. If water will be used for any purpose at this site, the applicant will need to document that the water was obtained from a legal source, or the water was diverted in priority under a water right decreed for such industrial use. Lafarge acknowledges this comment and commits to providing the required information prior to operations commencing on-site. If stormwater runoff is intercepted by this operation and is not diverted or captured in priority, it must be released to the stream system within 72 hours. This may require a discharge permit from CDPHE-WQCD. Otherwise, the operator will need to make replacements for evaporation. The Iverson Mine is being mined as a dry pit so any rainwater that collects in the pit will be immediately dewatered with groundwater. Attached please find a copy of the discharge permit from CDPHE. 1900 S Sunset Street,Suite I-F Longmont,CO 80501 Tel 303,772 5282 Fax 303.772.7039 www.tetratech.com Page 2 of 2 TETRA TECH Ms. loana Comaniciu, P.E. April 27, 2011 Please contact me at 720-864-4507 or pam.horatetratech.com if you have any questions. Sincerely, TET TECH Pamela Franch Flora, AICP Senior Planner cc: Corey Hansen, Lafarge West, Inc. Anne Johnson, Lafarge West, Inc. Peter Hays, DRMS P.23511\133-23511-10002\Deliverables\DRMSNdequacy RevievADivision of Water Resources.doc �ui ,i� ur �v rdX•JUJtoLUJyU JaniU LUi1 1i JJ V.U2 Permit Number COG-500000 Facility Number COG-501527 Modification No. I Colorado Discharge Permit System Regulations Page 1 MINOR MODIFICATION TO CERTIFICATION under DISCHARGES ASSOCIATED WITH SAND AND GRAVEL MI,VLVG AND PROCESSING OPERATIONS (AID OTHER NONMETALLIC MINERALS EYCEPT FUEL) Category 07,Subcategory,1A, Current annual fee$270(CRS 25-8-502)(SIC 1442) Division Initiated Modification=No Fee This certification specifically authorizes Lafarge West,Inc.to discharge in accordance with the General Permit for Sand and Gravel Mixing and Processing Operations(and other nonmetallic minerals except fuel). All correspondence relative to this facility should reference the specific facility number,COG-501527. Penni:lee Lafarge West,Inc. Contact 10]70'L West, Ranch way Suite 200 Meghan McDonald,Director of Environment • • Westminster,CO 80021 Phone:303-657-4000 Facility Contact:Corey Hansen,Environmental Manager Email: Ley .ansen@lafarge-nacorn Modification No, I The certification has been modified to remove the site specific parameters that were added to the certification. After review of the application and the location of the facility,there is no known groundwater contamination in the area. The table for Effluent Limitations and Monitoring Requirements has been updated. Project Name,Activity and Location I,atart=e 7_verson Facility—The facility is located at 5011 F.Street in Greeley(Weld County),Colorado 80631;Latitude:40' 26'27,45"north,longitude: 104°45'33.25"west Sand and gravel mining takes place at this facility,however material is transported from this facility and transported via conveyor belt to the Lafarge 35th plant. Ground water is discharged from this site. Outfalls •<.y„ �•_�,: ,r. ,� ... ..� jr,,, ? .,:"D ''•+'rte. r r ,,.`�`; .�`:: �':;='.� `,�G';..` '��L'sr'riifafetMo*�� ' 001A The discharge of groundwater after treatment s sediment and erosion controls prior to entering the Cache La Poudre River: Avg_=5 MGD 002A The discharge of groundwater after treatment with sediment and erosion controls prior to entering the Cache La Poudre River: Avg.=5 MOD Effluent Parameters The discharges go to the Cache La Poudre River,which is within Segment 12 of the Cache La Poudre River Sub-basin, South Platte River Basin,found in the Qassificatinnc anti un merit tend forth South Platte River Basin(Regulation No.38;last update effective November 30,2010). Segment 12 is=designated and is classified for the (Warm);Recreation,Class E; and Agrioulture. following beneficial uses:Aquatic Life, Class 2 Effluent Limitations and Monitoring Requfremc •. t*' ¢f}' .i Qr ^r,.�et y�.i� '��ly`.f r. fd.` t`` or Pennit,Pan I B 1 b.—007)Stri[CtJOII.ShG �._a•4,.t�'b.._ \ SL,S. I A2•'( t" ��,,., - t� ��(1t�' . - .•f" ... +'+-,,'' � tit 1� r �� J 3 >rY�Oy't y,_-.trQi�^ r •At ��4,x.11 „ l�� "•4� •S�j �'r'?'{': _ Un �r�w .fF l •S rYt .' .,Max -1 rt yr \7 s.{Y '�?." ` 4, -.i�` 7C General Permit Re of "`'' �'"� • Flow,MGD rtments- .._. . . Report NA Report Discharge Evaluation Continuous/ Recorder/ s.u. Instarataneousa In-situ N/A NA 6.5-9.0 WQS/TMDL/303(d 2 Da s/Month Grab Oil and Grease,m N/A NA 10 State Effluent Re Total Sus nded Solids,m 30 45 - glilati°ns 2 Days/Month Visual If wet is not av NA State Effluent Regulations 2 Days/Month Grab r po ailable,flow may be measured on an instantaneous basis. Facility shall monitor flow 2 days/month. - If s visual sheen is noticed,a grab sarsptc must be taken and analyzed for oil and grease MODIFIED AND EFFECTIVT: DECEMBER 20.2010 E3i:PIRAT N:NNE 30 013 wr r� wit u r dx.JUJ f d2O,YJU Jan lU 2011 11:33 P. 03 Permit Number COG-506000 Facility Number COG-501527 Page l a Other Conditions Che,mfcals The permittee did not specify any chemicals for use in waters that may be discharged. On this basis,no chemicals are approved under this permit. Prior to use of any applicable chemical,the permittee must submit a request for approval which includes the most current Material Safety Data Sheet(MSDS)for that chemical. Until approved,use of a chemical in waters that may be discharged could result in discharge of pollutants not authorized under the permit. Antfdeeradatign Antidegradation review does not apply to this permit because the receiving stream is designated as Use Protected rOunrlwa er ontamtin on If groundwater contamination is encountered, then the permittee is to contact the Division an if collection system receiving the discharge. Since the discharge of contaminated appropriate, the owner of the permittee shall immediately apply for a groundwater is not covered under this permit, the groundwater remediation certification, which will include appropriate requirements for additional discharge monitoring and on-site environmental response capabilities. Sam Itn Sampling shall occur at a point after treatment,or after the implementation of any Best Management Practices(BMPs). If BMPs or treatment are not implemented,sampling shall occur where the:discharge leaves control of the permittee,and prior to entering the receiving stream. Samples must be representative of what is entering the receiving stream_ otrit ring and Rpprtine Discharge Monitoring Reports(DMR)must be submitted quarterly as long as the certification is in effect.The permittee shall provide the Division with any additional monitoring data on the permitted discharge collected for entities other than the Division. This will be supplied to the Division within 48 hours of the receipt of the data by the permittee. This certification to discharge is effective long term. For termination of permit coverage,the permittee must initiate this by sending a letter to the Division requesting the permit certification be terminated. Best Amazement Pr rces The permittee shall implement and maintain Best Management Practices(SNIP)for the prevention of erosion and the control of solid and liquid pollutants due to the discharge. BlvIPs include various options,such as:modification of the pipe discharge structure to disperse flows;containment of water by hay bales or other comparable structures;the use of geocloth, filter fabric, or plastic sheetin for protection of containment structures;rip-rap;and/or any other approved methods. g or»rw ter M a ere Plan See Part I.C. of the permit for stormwater requirements. At the time of application,the perinitte.c certified that they had developed and for this facility. The permittee shall amend the S Whip whenever there is a change in des emented a Stnrntwaior Management plan ) which has a significant effect on the potential for the discharge of pollutants to the waters of the State,or if the SWMP proves to be $ design,construction,operation,or maintenance ineffective in achieving the general objectives of controlling pollutants in storrnwater discharges associated with mi copy of the SWIM must be kept on site and provided to the Division upon request. "m8 activity. A The General Permit for Sand and Gravel Mining and Processin g Operations(and other nonmetallic minerals except fuel)is attached. The permittee should review this permit for familiarity with all of the permit requirements. If the permittee has questions related to this certification that cannot be answered by a review of the permit,the permit writer should be contacted. Perms t Writer Maura McGovern 303-692.3392 Modified December 15,2010 Attachment 4: NPDES Permit 4.-ix n� wu�u rdx•JUJrozuviu Jan 1U LVl1 11 JJ t'.UL Permit Number COGr500000 Facility Number COG-501527 Modification No, I Colorado Discharge Permit System Regulations Page i MINOR MODIFICATION TO CERTIFICATION under DISCHARGES ASSOCIATED WITH SAND AND GRAVEL MINING AND PROCESSING OPERATIONS (AND OTHER NONMETALLIC MINERALS EXCEPT FUEL) Category 07,Subcategory 14, Current annual fee$270(CRS 25-8-502)(SIC 1442) Division initiated Modification=No Fee This certification specifically authorizes Lafarge West,Inc.to discharge in accordance with the General Permit for Sand and Gravel Mining and Processing Operations(and other nonmetallic minerals except fuel). All correspondence relative to this facility should reference the specific facility number,COG-501527. Permutee Contact Lafarge West,Inc. Meghan McDonald,Director of Environment 10170'( urch Ranch Way, Suite 200 Phone:303-657-4000 Westminster,CO 80021 Facility Contact:Corey Hansen,Environmental Manager Email:corev.hansen a,lafarge-na.cotq Modification No.1 The certification has been modified to remove the site specific parameters that were added to the certification,After review of the application and the location of the facility,there is no known groundwater contamination in the area. The table for Effluent Limitations and Monitoring Requirements has been updated. Project Name,Activity and Location • Lafarge Iverson Facility—The facility is located at 5011 F.Street in Greeley(Weld County),Colorado 80631;Latitude:40°i 26'27.45"north,longitude: 104°45'33.25"west. Sand and,gravel mining takes place at this facility,however material is transported from this facility and transported via conveyor belt to the Lafarge 35plant. Ground water is discharged from this site. • ..:"..c,:-,:.,,:.,......t:�EsTrriidledrfoqRoie',: 00IA The discharge of groundwater after treatment with sediment and erosion controls prior to entering the Cache La Poudre River. Avg.=5 MGD 002A The discharge of groundwater after treatment with sediment and erosion controls prior to entering the Cache La Poudre River. Avg.=5 MOD Effluent Parameters The discharges go to the Cache La Poudre River,which is within Segment 12 of the Cache La Poudre River Sub-basin,South Plane River Basin,found in the classifications and Numeric Standards for the South Platte River Basin(Regulation No.38;last update effective November 30,2010). Segment 12 is=designated and is classified for the following beneficial uses:Aquatic Life, Class 2 (Warm);Recreation,Class E;and Agriculture. E uent Limitations and Monitorin Re uirements or Permle,.Panl B.I,b. ' � �� ,,-..1::'.''' ..1}, v,, b.--Construction S&G ?'aramerert f L a1Ioil i. F f 3 : � { si ;...„ ., -.., ,At,„,,,,,,,,,,, ,,,,,....:,,„,-..,„ii .j° c �: 3 p '"-'✓aP< '.D Ratiou0lei a '.. , ,,ltg . g . ---,---_:,--__-_-_-------------------------General`` . . .. . �•t. .r, is `.A@`i`; .,,, Permit Re uiremtente- _ ' `' ' ' Flow,MUD Report NA art �� Continuous/� Recorder/ P Discharge Evaluation pH,s.u. N/A Instantaneous' In-situ 4 NA 6.5-9.0 WQS/TMDL/303(d) 2 Daxs/Month Grab Oil and Grease,me/l N/A NA. I a State Effluent Regulations 2 Days/Month Visual' Total Suspended Solids,m l _,30 45 NA State Effluent Regulations 2 Da s/Month If power is not available,flow may be measured on an instantaneous basis, Facility shall monitor flow 2 days/month. Grab J- Ifs visual sheen is noticed,a grab sample must be taken and analyzed for oil and grease MODIFIED AND EFFECTIVE: DECEMBER 20;2010 EXPIRATION•JUNE 30 X0]3 ur nc-w�xLu r dX:JUJ(zsLUJ'�l1 Jan 10 2011 11 :33 P.03 Permit Number COG-50O000 Facility Number COG-501527 Other Co ditions Page]a Chemicals The permittee did not specify any chemicals for use in waters that may this permit. Prior to use of any applicable chemical,the permittee must submit a request fon r approval which ihis basis,no ncludes des the mls are ost current Material Safety Data Sheet(MSDS)for that chemical. Until approved,use of a chemical in waters that may be discharged could result in discharge of pollutants not authorized under the permit. 4nride adati n Antidegradation review does not apply to this permit because the receiving stream is designated as Use Protected_ Groundwater rttamirtalion if groundwater contamination is encountered, then the permittee is to contact the Division and, if appropriate, the owner of the collection system receiving the discharge. Since the discharge of contaminated groundwater is not covered under this pit, the perrnittee shall immediately apply for a groundwater remediation certification, which will include appropriate requirements for additional discharge monitoring and on-site environmental response capabilities. 3om !in Sampling shall occur at a point after treatment,or after the implementation of any Best M anaement treatment are not implemented,sampling shall occur where the discharge leaves control ofpermit-tee,the grand pr ices o�sentering the or receiving stream. Samples must be representative of what is entering the receiving stream. Monito'ing and Re orli Discharge Monitoring Reports(DMR)must be submitted quarterly as long as the certification is in effect The permittee shall provide the Division with any additional monitoring data on the permitted discharge collected for entities other than the Division. This will be supplied to the Division within 48 hours of the receipt of the data by the permittee. This certification to discharge is effective long term. For termination of permit coverage,the pennittee must initiate this by sending a letter to the Division requesting the permit certification be terminated. Best Management Pr crlces The perrnittee shall implement and maintain Best Management Practices(BMP)for the prevention of erosion and the control and liquid pollutants due to the discharge. BMPs include various options,such as:modification of the pipe discharge structure to disperse flows; containment of water by hay ➢ of solid for protection of containment structures rip-rap; d other comparable vedcmeth the use of geocloth, filter fabric, or plastic sheeting and/or any other approved methods. rmwarer ann ernenr Plan See Parr I.C. of the permit for stormwater requirements. At the time of application, the permittee certified that they had developed and implemented a Stornzw•ater Management Plan(SWM?) for this facility. The perrnittee shall amend the SWMP whenever there is a thane in design, which has a significant effect on the potential for the discharge of pollutants to the waters of of the State, or operation,peracion, or maintenance ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with mining activity. A or if the S WMP proves to be copy of the SWIvfP must be kept on site and provided to the Division upon request. The General Permit for Sand and Gravel Mining and Processing Operations(and other nonmetallic minerals except fuel)is attached. The penuittee should review this permit for familiarity-with all of the permit requirements. If the permittee has questions related to this certification that cannot be answered by a review of the permit,the permit writer should be contacted. Permit Writer Maura McGovern 303-692.3392 Modified December 15,2010 Attachment 5: Weed Management Plan Iverson Weed Management Plan Lafarge proposes a multi-layered control plan to manage the site. Below you will find a chart with the various common weed types found in this area and the planned treatment method. Lafarge reserves the right to select herbicides that will most effectively treat the specified weeds as needed. Lafarge will do monitoring of the site at a minimum of quarterly to ensure that weed control methods are effectively being applied and followed per this plan. Any unique situations that occur in the field will be addressed at that time in following this plan as closely as possible for the situation. All applications of mowing and herbicide will be done with a 4-wheeler or hand sprayer depending on the location and access to the treatment area. These applications will be applied per the schedule below,to address any regrowth or new growth on the site. This schedule will continue until the weeds below are no longer a problem at the site. Lafarge will be responsible for weed management upon commencement of operations. Any weed invasion prior to operations is the property owner's responsibility. Weed Type Cutting Controls Other Controls Russian Olive This plant will be primarily treated Herbicides will be applied to all cut through cutting during the spring. stumps to ensure regrowth will not Additional cutting will occur in the occur. Additional spraying will be fall for any growth that was not done for any new growth in the area. eradicated during the initial treatment. Saltcedar or This plant will be primarily treated Herbicides will be applied to all cut "Tamarisk" through cutting during the spring. stumps to ensure regrowth will not Additional cutting will occur in the occur. Additional spraying will be fall for any growth that was not done for any new growth in the area. eradicated during the initial treatment. Diffuse Knapweed No plans for utilizing cutting as a To control the Knapweed, a layers treatment strategy. strategy will be used. In early spring an initial treatment of herbicide will be applied to limit seed production. Then in fall, another application of herbicide will be applied to address any new or regrowth that was not managed by the initial treatments. Thistle(Canadian, No plans for utilizing cutting as a The application of herbicide will be Musk,and Scotch) treatment strategy. applied in spring when budding is occurring to limit the seeding process. Hoary Cress or No plans for utilizing cutting as a The application of herbicide will be "White Top" treatment strategy. applied in spring prior to flowering to prevent seeding. Attachment 6: Exhibit E EXHIBIT E Reclamation Plan Design intent The Iverson property will be reclaimed as an unlined, open water pond surrounded by uplands. Native and adaptive plantings and ground covers will be used to restore and enhance all areas disturbed by mining activities. The most appropriate primary post-mining land use designation for the site is wildlife habitat given the fact that a majority of the property will be covered by the open water pond. However, this designation is for purposes of the DRMS application only and the property is not designated by any other agency as wildlife habitat. Therefore, following reclamation and release of the property by the DRMS, the land use of the property could be changed by the land owner according to the land use regulations of Weld County. This Iverson Mine reclamation plan was developed based on the following considerations: • A thorough evaluation of the environmental resources and existing conditions on and adjacent to the property, particularly the Cache la Poudre River riparian corridor along the west, north and east sides of the property; • The context of the property relative to existing and planned land uses in the area; • The volume, depth and configuration of the mineral resource; • The landowners' plans for the property; and • The rules and policies of the Colorado Division of Minerals and Geology and other applicable local, State and Federal agencies. • The open water pond, which will be created upon reclamation of the Iverson property, may provide some wildlife habitat due to its proximity to the river corridor. Post-Mining Land Use Following the mining of the Iverson property, the land will be reclaimed with an open water pond surrounded by upland. All areas reclaimed as upland will be re-vegetated with a native seed mix, as recommended by the Soil Conservation Service (recommended seed mixes below). This use is compatible with the surrounding land uses. Lafarge will concurrently reclaim mine walls where mining has been completed. Reclamation, including re-grading and seeding, will be completed within two to five years following the completion of mining or filling operations. The mining and reclamation will leave no high walls on the property. No acid forming or toxic materials will be used or encountered in the mining. There will be no auger holes, adits, or shafts left on the site. Topsoiling Topsoils in the proposed mine areas are Aquolls and Aquents, Ascalon loam, Dacono clay loam, Nunn loam, and Otero sandy loam. All suitable soil material will be salvaged for topsoil replacement. The topsoil will be segregated and stored separately from the overburden material as required by Rule 3.1.9(1). Upon reclamation of the site, all upland areas will be reclaimed with at least six inches of topsoil. Iverson Mine DRMS 112 Reclamation Permit Application Page El of E4 Soil amendments are not expected to be required due to the nature of the soils. However, topsoil samples will be subjected to agricultural testing prior to reclamation to assess fertilizer requirements. The Soil Conservation Services (SCS) will be contacted periodically throughout reclamation for soil tests. SCS soil fertilizer recommendations, if any, will be followed. Reclamation Measures—Material Handling Site reclamation measures are illustrated on Exhibit F. The Iverson property will be reclaimed as an open water pond surrounded by upland. The pond will be an un-sealed groundwater pond. All mine walls will be re-graded with overburden material. If needed, portions of the deposit not mined may be used to supplement the overburden. Slopes both above and below the post-mine high water level will all be 3H:1 V or flatter. Topsoil will be spread over the surface of the re-graded slopes in all areas above the post-mining pond level; all topsoil-covered surfaces will be revegetated with the appropriate seed mix. Topsoil replaced in upland areas will be at a depth of at least six inches. Scrapers and a dozer will be used to place the backfilled overburden and topsoil. Using the scrapers and dozer to layer the lifts at a maximum 3H:1 V slope ensures a stable configuration. Site grading will be performed to create stable topography and will be consistent with post-closure land uses. Reclamation costs and quantities are summarized in Exhibit L. Water Overburden and mine materials will be inert and impacts to local surface water or groundwater quality are not anticipated to occur as a result of mining activities. Lafarge West, Inc. will comply with all applicable Colorado water laws and all applicable Federal and State water quality laws and regulations and appropriate storm water management and erosion control to protect the river and existing riparian vegetation. Wildlife The Iverson property is adjacent to the Cache la Poudre River corridor which provides wildlife habitat to a variety of species (see Exhibit H for details). All mining will be setback at least 100' from the bank of the river to be outside of the riparian corridor to minimize any potential impacts on wildlife within the riparian corridor. Revegetation Following topsoil replacement, reseeding will be performed according to SCS recommended practices. Based on SCS guidance for other local projects having similar surficial soils, the following revegetation procedures are anticipated: • Grass seed will typically be planted in unfrozen soil between October 1 and April 30. • Grass seed will be planted with a grass drill, or where necessary, with a broadcast seeder. • The proposed seed mix and application rates in pounds of pure live seed per acre are described on the following pages. • Weed control practices will be implemented as required. Iverson Mine DRMS 112 Reclamation Permit Application Page E2 of E4 The above procedures may be modified as conditions dictate. If a significant invasion of noxious weeds occurs, the area will be mowed periodically for control. Weeds will be mowed before they go to seed during the first growing season. Mechanical control will be used as a first priority. Chemical methods will be used only if no other alternative produces acceptable results. Marsh and aquatic plants are expected to establish themselves along the shoreline of the post- mining pond. The species of plants anticipated to establish themselves naturally along the pond shoreline include cattails, willows, cottonwoods, and bulrushes. The existing riparian areas along the Cache la Poudre River would function as a seed bank for the pond area. These plants should minimize shore erosion potential. The following are the proposed seed mixtures to be used on site where appropriate. However, availability may dictate the need for variety substitution. Seed Mix for Upland Areas PLS1 °aof Common Name Scientific Name Variety Application ,; . —_-- Itatc.(lb�lac) Western Wheatgrass Agropyron smithii Arriba 17.0%� 2.55 Sideoats Grama Bouteloua curtipendia Butte 17.5% 2.63 Mountain Brome Bromus marginatus Bromar 17.0 % 2.55 Prairie Sandreed Calamovilfa longifolia Goshen 1.0% .15 Switchgrass Panicum virgatum Pathfinder 7.0% 1.05 Alkali Sacaton Sporobolus airoides 1.0% .15 Needle and Thread Stipa comata 13.0% 1.95 Northern Sweetvetch Hedysarum boreale Timp. 10.0% 1.50 Rocky Mountain Penstemon Penstemon strictus Bandera 5.0% .75 Scarlet Globemallow Sphaeralcea coccinea ARS2936 3.0% .45 Prairie Wildrose Rosa Arkansana 8.5% 1.28 Total lbs/ac 100% 15.01 Pure Live Seed pounds per acre; rates shown are for drill seeding; double rates for broadcast seeding. Iverson Mine DRMS 112 Reclamation Permit Application Page E3 of EI Seed Mix for Transitional Zone/Water's Edge f?h� Common Scientific Name Variety.: �l° Qf pp ratio Tiat `(1f►s 'al Western Wheatgrass Agropyron smithii Arriba 10.6% 1.59 Side Oats Grama Bouteloua curtipendia Butte 9.2% 1.38 Canada wildrye Elymus canadensis Mandan 18.1% 2.72 Streambank Wheatgrass Elymus lanceolatus ssp. Sodar 9.8% 1.47 psammophilus Switchgrass Panicum virgatum Pathfinder 5.7% .86 Sand dropseed Sporobolus cryptandrus 0.2% 0.03 Scarlet Globemallow Sphaeralcea coccinea ARS2936 3.8% 0.57 American vetch Vica americana 42.6% 6.39 Total lbs/ac 100% 15.01 I Pure Live Seed pounds per acre; rates shown are for drill seeding; double rates for broadcast seeding. Iverson Mine DRMS 112 Reclamation Permit Application Page E4 of E4 Attachment 7: Exhibit F LARGE MAPS AVAILABLE FOR VIEWING AT THE CLERK TO THE BOARD 'S OFFICE , IN THE PUBLIC REVIEW FILE . Attachment 8: Cone of Depression Figure goal etial a46uAdo3 U `•0 y Q d Z 8 m co N A tc i w Or. i' O Mow Z —O - - I c�II • Z - z © Tr b O '^ _ w 6 tit O a, . _ I I I I • w. z�a�U • I4 :!;,-- .,z.. !, 1.*..-7.,,r;,,, ,. .q•_,;.:::' •,,-..:'..;;A?"ii,RiltTt.!1.-/ : .1 if::T":. . .. ,,,T. - - :'," :'' : : -x,•,, ' ., .•, .-:•A --- , - • ---.,:-::-----I.'i:.. ,,,,,,„ .:.„, .„:, ..„.„,. ,..• .: h.,/, • .,,,;,,,..,k , :::::, ,,----,..--!,,,,,,• ec,..I.,,;..i; ::„..::....::. . ,,, ., - , ,-% ., ..-- •",77 / Xs •• ::a v ,, F tter -^+T!rn*.� I ... a_• fp I - { w \ - • .. ! se • w,_..--- .y" 333_ i ee t. . .• , ••;• ,\\• � j :• 1 •7='cif'.. f' i ; i'l---- .:, . , , , .. . .. . .• - ...•_. A rtr�f• if . • . 1 ~ '' •�. ' ''�«i !,'/ -\, •,y i ,•mot. ._„r`,�}... \ %ap'�6`.1 r Y.r ig +r..,..,._, u.r-•&.y:;-r �. ._ ?L, d ... \: �,.." • J,J yr \ tr. • • - � 4(I i; F.r`y \ r-. Y• r ,:. W"\ ''y�,11 may..•r L 'a.411'\y [` v:�'.d.�l U j 0 F 1:l�.. , A N TO h -- .• ,!' .•"1+. \, lial4'J..: r'.1 tC'' \\�\ I �0„. • b54.s .;r ♦ 5'; N . st.. 0 V.e.' \S‘•‘:.:1\\ 0 f s :t • r,\ £ tit © O•a• \ )'''y`: Jt .is A- :\`' r • •,+�•+ 4 1�� -4•l�' ,I' _. • r• ' T .... .d - • { „ , � .5x1 I •N f x� s' ;� F' fa \'14.•:".'/,' l' )) +��•I \\ `/../1...• _.,i i _ \ -, .,•./ 1 li 1/.f.:.;, ,f. 1.. '.- .. '' Aa .•r;ti+� � ;rrd, :r=� ;� •- ,'6.'L'• : :• J . `.Yj i iii ��- W." ` ,..• • ` 1.: ;vivo r, •di/ . / \\,`` ,j',. \i. `i 'I,� l ''t t Ui F1 5.E h', _'•. •• . y ;1':1.:q.� .mil." tc�� _.. :ky4:l+ris:isrs.L::Leis.= `-•.'d_ ,+ :.;;::Fyty'' ",'xW1�' I ---......-7-7.,...;;2':-------.'.J,w.- ` .a— •:`'..r,r-�a, �s - - --1:::::- ;, !t.. r. r i. ...76):g...:L.4......i:;11'::':::'''- • . � .r (C. 1-7-7"7"1.: '. , . . I a! '• ' tie.; w I o I C.) I m I a l3VHOIW'NOSIaOW- OMO.118IHX3 NOISS3?ld3O JO 3NOONS1191HX31S31Id133HS‘db'O1Z0001.-1I SEZ-E£1.\I.I.SEZ4:d-VW 9£:9C:0 I,I.10Zl8Z/P Attachment 9: Well Permits Form No. OFFICE OF THE STATE ENGINEER GWS-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg.,1313 Sherman St.,Denver,Colorado 80203 (303)866-3581 EXST WELL PERMIT NUMBER 279721 - _ APPLICANT DIV. 1 WD6 DES. BASIN MD APPROVED WELL LOCATION WELD COUNTY NE 1/4 NE 1/4 Section 34 LAFARGE NORTH AMERICA Township 6 N Range 66 W Sixth P.M. 0/O TETRA TECH INC DISTANCES FROM SECTION LINES 1900 SOUTH SUNSET STREET 658 Ft. from North Section Line LONGMONT, CO 80501- 416 Ft. from East Section Line • (303)772-5282 UTM COORDINATES (Meters,Zone:13,NAD83) PERMIT TO USE AN EXISTING WELL Easting: 520705 Northing: 4477768 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(I)for uses as described in CRS 37-92-602(1)(f). Use of this well is limited to monitoring water levels and/or water quality sampling. 4) Approved for the use of an existing well acknowledged for construction under monitoring hole notice MH-48265,and known as TT-MW-08. 5) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and locked at all times except during sampling or measuring. 6) Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of Water Resources upon request. 7) Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. 8) The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. 9) This well must have been constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Well Construction Rules. 10) This well must be located not more than 200 feet from the location specified on this permit. 11) Issuance of this permit does not guarantee that this well can be converted to a production well under a future permit. The ability of this well to be converted to a production well is limited by all governing statutes,rules,regulations,orders,and/or decrees. NOTICE:This permit has been approved subject to the following changes:The distances from section lines were calculated from UTM coordinate values provided with the permit application. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty(60)days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106,C.R.S.) 3.D.+4. Of iZeie4 APPROVED 6.1 . BDH State Engineer Receipt No.3636578H DATE ISSUED 01-28-2009 EXPIRAT ION DATE 4/ w, COLORADO DIVISION OF WATER RESOURCES Office Use Only Form GWS-46(12/2007) DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST.,RM 818,DENVER CO 80203 'NCEIVEC phone—info:(303)866-3587 main:(303)866-3581 n Fax:(303)866-3589 http://www.water.state.co.us _ JAN 4 ZO09 MONITORING/OBSERVATION Water Well Permit Application 'ATER fi"SOUaRCES STATE ENGINEER Review instructions on reverse side prior to completing form. COW The form must be completed in black or blue ink or typed. 1.Well Owner Information 6.Use Of Well — -- -- Name of well owner --- ---_._._._—--_---- .. Use of this well is limited to monitoring water levels Lafarge North America and/or water quality sampling 7.Well Data(proposed) 10170 Church Ranch Road --Total depth-- Aquifer City — i stale Zip emit!' 42.6 feet Alluvial Westminster CO 80021 8.Consultant Information (if applicable) Telephone k "—"- E-Mail(Optional) Name of contact person (3031657-4000 Jeremy Deuto,PG 2.Type -Application(check applicable boxes) ^e^yn� -- Use existing well 1—Replacement for existing monitoring wet: Tetra Tech, Inc 7 Construct new well Permit no.: Mailing address Other: 1900 South Sunset Street 3.Refer To(if applicable) City State Zip Code ------- Monaonng hde acknoModgrnent f war name«a -- ---— Longmont CO 80501 MN-048265 - --- - - - -- --- ----- i TT-MW-08 Tel ephone it 4. Location Of Proposed Well (3031 772-5282 County — 9.Proposed Well Driller License#(optional): Weld NE 114athe NE 1/4 10.Signature Of Well Owner,Consultant Or Authorized -secaon_--—) Township Nos Range E or w` Principal Meridian - _ Agent _ _ _ The making of false statements herein constitutes perjury in the second 34 16N 66W i '6th degree.which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104(13)(a). I have read the statements herein,know the contents Distance of weN from section lines(sadion lines are typicaNy not property lines) th: :.f and state that they are true tom knowledge. — Ft.horn N I S Ft.from E W ^'wen =:(Must be nal ' t .-) —Y 9 Date --ac --------- For replacement welts only-distance and dvac•Norn from old well to new well I. isoi feet direction Print name d Lille Wet ------_-_.(Include rn -- -- 411 a �� M4i� w locaoon aarYes3(Include city,Stale,r+pl � Oheck Swell address b same asltem t. f Office Use Only Optional: GPS well location information in UTM format You must check GPS unit for required settings as follows: USES map name �— I DWR map no. I Surface elev. Format must be UTM I 1 1 Zone 12 or v Zone 13 i P only Fasting 520705.2 c„,5-6-',./ Receipt area Units must be Meters J� 1 r_� E Datum meat be NADS3 Northing 4477768.0 -7 `o unit must be set to true north Was GPS unit decked kr above? YES . Remember to Set Datum to NADl3 5.Property Owner Information Trans Number:3636578 !I Name of prr>ptvty owner - — -- -- 1/20/200910:09:15 AM James Martin(19) Lafarge West,Inc David Jordan Total Trans Amt:$900.00 Mating address CHECK Check Number: 1233090 10170 Church Ranch Way — City State Zip Code Westminster CO 80021 Telephone I -- (303) 809-2093 DIV I WD LeA- MD FORM NO. WELL CONSTRUCTION AND TEST REPORT For Office Use Only GwS-31 STATE OF COLORADO,OFFICE OF THE STATE ENGINEER 04/2005 1313 Sherman St.,Room 818,Denver,CO 80203 Phone-Info(303)866-3587 Main(303)866-3581 4,trFIWD Fax(303)866-3589 httpY/www.water.state.co.us 1. WELL PERMIT NUMBER:MH-048265 2. WELL OWNER INFORMATION JAN 2 0 2009 NAME OF WELL OWNER: Lafarge North America :MfEN N-0OURCEE MAILING ADDRESS:10170 Church Ranch Way,Suite 200 3TATS ENGINEER `:OL^. CITY:Westminster STATE: CO ZIP CODE:80021 TELEPHONE NUMBER:(303 )657 -4000 3. WELL LOCATION AS DRILLED: NE 1/4 NE 1/4 Sec. 34 , Twp. 6 ❑II Nor❑S, Range 66 ❑E or 0 W DISTANCES FROM SEC.LINES: ft.from ❑N or 0 S section line and ft.from ❑E or❑W section line. SUBDIVISION: , LOT , BLOCK , FILING(UNIT) Optional GPS Location:GPS Unit must use the following settings: Format must be UTM,Units Owners Well Designation:TT-MW-08 must be meters,Datum must be NAD83,Unit must be set to true N, ❑Zone 12 or Zone 13 Easting. 520705.2 STREET ADDRESS AT WELL LOCATION: Northing: 4477768.0 4. GROUND SURFACE ELEVATION 46898 feet DRILLING METHOD Hollow Stem Auger DATE COMPLETED 12-16-2008 TOTAL DEPTH 42.6 feet DEPTH COMPLETED 42.0 feet 5. GEOLOGIC LOG: 6. HOLE DIAM(in.) From(ft) To(ft) Depth Type Grain Size Color Water Loc. 8• 0 42.0 0-2.0 Sandy Clay Clay,Sand Brn to Dark Bm 2 42.0 42.6 2.0-41.0 Well Graded Sand Sand,Gravel Tan NA 41.0-42.6 sandy Ctaystone Bedrock Gray 7. PLAIN CASING: OD(in) Kind Wall Size(in) From(ft) To(ft) 2 Sch 40 0.154 T AGS 32.0' PERFORATED CASING: Screen Slot Size(in): .020 2 Sch 40 0.154 32.0' 42.0' 8. FILTER PACK: 9. PACKER PLACEMENT: Material Natural Cave Type No Packer Size Interval 3'-42.6' Depth 10. GROUTING RECORD Material Amount Density Interval Placement Remarks: Cement 0'-1' Pour Bentonite 2 bags 1-3.5' Pour 11. DISINFECTION: Type None I Amt.Used 12. WELL TEST DATA: (_J Check box if Test Data is submitted on Form Number GWS 39 Supplemental Well Test. TESTING METHOD Water Level Indicator Static Level NA ft. Date/Time measured: , Production Rate gpm. Pumping Level ft. Date/Time measured , Test Length(hrs) Remarks: 13. I have read the statements made herein and know the contents thereof,and they are true to my knowledge. This document is signed and certified in accordance with Rule 17.4 of the Water Well Construction Rules,2 CCR 402-2. [The filing of a document that contains false statements is a violation of section 37-91-108(1)(e),C.R.S.,and is punishable by fines up to$5000 and/or revocation of the contracting license.] Company Name:Tetra Tech, Inc. Phone: License Number: (303 )772 -5282 PG-3665 Mailing Address:19 0 S.Sunset Street, Suite 1-F, Longmont, CO 80501 Signature: Print Name and Tide Jeremy Deuto,PG Date • DEC-09-2008 TUE 04:48 PM FAX NO, 3037727039 P. 03 RECEIVED NOTICE OF INTENT TO CONSTRUCT MONITORING HOLES) DEC }.Q2008 Please type or print legibly in black or blue Ink `xblxxnoari "IE Colorado Division of Water Resources 1313 Sherman St-Room 821 Denver CO 80203 .Ixanr Phone 303-888-3681 Fax 303.8863689 AUTHORIZED INDIVIDUAL OR DRILLER Location:NE_''A.jjeJs,Section a Contact Jeremy Deuto.P.G. Township MIN/S.Range 68Yi/E/W,PM Company Tetra Tech County Weld Address 1900 South.SunsetStreet.Suite 1F Subdivision City,State,Zip Longmont.CO 80501 Lot .Blk. Flg. Phone 303-772-6282 Fax No.303-772-7039 Driller Lk.No.(if applicable) Site/Property Address N/A Well Owner(Client)Information • Hole(s)to be constructed: Number 1 Name Lafarge North AmericaEstimated depth a§Ft. Aquifer Address 10170 Church Ranch Way.Suite 200 Purpose of Monitoring Hole(s)Groundwater Westminster.CO 80021 monitoring Approximate Date of ConstructIon 12-17-2008 Well Owner's Phones 303-657-4000 (Mat et least 3 days prior m nwnstruotlon) Landowner's Name: Lafarge. North America Jeremy Deuto Authorized Signature ACKNOWLEDGEMENT FROM STATE ENGINEER'S OFFICE 048265 FOR OFFICE USE ONLY MH- PROCEssEoD BY _}.24-0,--n--;" .a-n-- DIV. WO 3 BAS___MD DATE ACKNOWLEDGED /1 is o CONDITIONS OF MONITORING HOLE ACKNOWLEDGEMENT A COPY OF THE WRITTEN NOTICE OR ACKNOWLEDGEMENT SHALL BE AVAILABLE AT THE DRILUNG SITE. Notice was provided to the State Engineer at least 3 days prior to construction of monitoring&obeervadon hole(s). Construction of the hole(s)must be completed with 90 days of the date notice was given to the State Engineer. Testing and/or pumping shall not exceed a total of 200 hours unless prior written approval Is obtained loom the State Engineer. Water diverted during testing;Magi be used for beneficial purposes. The owner of the hole(s)is responsible for obtaining permit(s)and complying with all rules and regulations pertaining to the discharge of fluids produced during testing. All work must complywith the Water Well Construction Rules,2 CCR 402-2. Minimum construction standards must be met or a variance obtained. Standard permit application and work report tonne are found on the DWR website at hths/Nn w.waterstate,co,us. Well Construction and Test Reports(GINS-31)must be completed for each hole drilled. The licensed contractor or authorized individual must submit the completed forma to this office within 80 days of drilling. Unless s well permit is obtained,the hole(s)must be plugged and sealed within one(1)year after construction. An Abandonment Report(form OWS-0)must be submitted for each hole plugged with 00 days of plugging S sealing. The monitoring hole acknowledgement number,owner's structure name,and hole owner's name and address must be provided on all well porn*application(s),well construction and abandonment reports. The owner of the hoists)should maintain reports of water quaety testing and submit this data to the State Engineer upon request A monitoring hole cannot be converted to a production water well,except for purposes of(mediation(recovery)or as a permanent Devratering system,ifconstructed k accordance with the Water Well Construction Rules and polides of the State Engineer. T is ACKNOWLEDOEMENT OF NOTICE DOES NOT INDICATE THAT WELL PERMIT(S)CAN BE APPROVED. IF HOLES WILL NOT BE CONSTRUCTED UNDER THIS NOTICE WITHIN 90 DAYS,PLEASE WRITE,"No HOLES CONSTRUCTED' ON A COPY OF THE ACKNOWLEQ ED NOTICE WITH THE FILE NUMBER AND FAX THE COPY TO THE DIVISION OF WATER RESOURCES. • '4ECEIVED MbTETRA TECH JAN 2 0 2009 ,wltic SOURCES ,TATS E GINEER COW January 16,2009 Colorado Division of Water Resources Department of Natural Resources 1313 Sherman Street,Room 818 Denver, CO 80203 Attn: Well Records RE: Monitoring/Observation Water Well Permit Applications To Whom it May Concern: Attached please find nine Monitoring/Observation Water Well Permit applications and a check for$900.00 to cover the application fee. We are submitting these applications on behalf of Lafarge. If you have any questions regarding the applications,please contact Jeremy Deuto, PG at 303-772-5282. When the permits are issued,the permits should be sent to Lafarge;however, I would appreciate it if you could please email me a copy of the permits for our records. My email address is pam.hora(?tetratech.com. Thank you for your consideration. Sincerely, TETRA TECH itleAU\ 4/141,CA C147p,_ Pamela Franch Hora,AICP Planning Project Manager Attachments cc: Anne Johnson, Lafarge P:\133-23511-08005\Cornmunications\CorrespondencAeOcrs\well pent app cover letter doe 1900 S Sunset Street,Suite I-F Longmont.CO 80501 Tel 303.772.5282 Fax 301777.7039 www,terratcch.com Form No. OFFICE OF THE STATE ENGINEER • GWS-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St.,Denver,Colorado 80203 (303)866-3581 EXST WELL PERMIT NUMBER 279722 - APPLICANT DIV. 1 WD6 DES. BASIN MD APPROVED WELL LOCATION WELD COUNTY NE 1/4 NW 1/4 Section 34 LAFARGE NORTH AMERICA Township 6 N Range 66 W Sixth P.M. C/O TETRA TECH INC DISTANCES FROM SECTION LINES 1900 SOUTH SUNSET STREET 1414 Ft. from North Section Line LONGMONT, CO 80501- 1789 Ft. from West Section Line (303)772-5282 UTM COORDINATES (Meters,Zone:13,NAD83) PERMIT TO USE AN EXISTING WELL Easting: 519768 Northing: 4477538 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(I)for uses as described in CRS 37-92-602(1)(f). Use of this well is limited to monitoring water levels and/or water quality sampling. 4) Approved for the use of an existing well acknowledged for construction under monitoring hole notice MH-48268,and known as TT-MW-09. 5) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and locked at all times except during sampling or measuring. 6) Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of Water Resources upon request. 7) Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. 8) The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. 9) This well must have been constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Well Construction Rules. 10) This well must be located not more than 200 feet from the location specified on this permit. 11) Issuance of this permit does not guarantee that this well can be converted to a production well under a future permit. The ability of this well to be converted to a production well is limited by all governing statutes, rules, regulations,orders,and/or decrees. NOTICE:This permit has been approved subject to the following changes:The distances from section lines were calculated from UTM coordinate values provided with the permit application. You are hereby notified that you have the right to appeal the issuance of this permit,by filing a written request with this office within sixty(60)days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106,C.R.S.) NOTE:This well was not constructed in the 1/4, 1/4 designated under MH-48268.B.D.H, ct/L8/o 4 APPROVED BDH Stale Engineer y Receipt No.36365781 DATE ISSUED 01-28-2009 EXPIRATION DATE ..., _ . COLORADO DIVISION OF WATER RESOURCES Office Use Only Form GWS-46(12/2007) DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST.,RM 818,DENVER CO 80203 'iECEIvED phone-info:(303)866-3587 main:(303)866-3581 Fax:(303)866-3589 http://www.water.state.co.us MONITORING/OBSERVATION JAN 2 0 2009 Water Well Permit Application ivA Er%c SOURCE Review Instructions on reverse side prior to completing form. STATE ENGINEER O The form must be completed in black or blue Ink or typed. 1.Well Owner Information 6.Use Of Well -'— '_•_ Name of well owner ------..-----------------.. _.----_.`---.__--'.__'__-.---•--------- Use of this well is limited to monitoring water levels Lafarge North America and/or water quality sampling Mailing address _..-------------• •-•-------------- _.._..__• 7.Well Data(proposed) 10170 Church Ranch Road Total depth --- Aquifer City TS-tate ! Zip code 31.4 feet Alluvial Westminster CO '80021 8.Consultant Information(if applicable) Telephone N E-Mad(Optional) Name of contact person (3031657-4000 Jeremy Deuto,PG 2.Type Of Application(check applicable boxes) Company name Use existing well r-Replacement for existing monitoring well: Tetra Tech,Inc 1 Construct new well Mailing address Permit no.: Other: 1900 South Sunset Street 3.Refer To(if applicable) Cuy Stale Zip Code ----- cknow . Weename-- _.__--------..—_ Monitoring hde acknowledgment i wet tame ord Longmont CO 80501 NH-048268 i TT_MW_0g Telephone I 4. Location Of Proposed Well ___ — (303) 772-5282 County -- 9.Proposed Well Driller License#(optional): Weld NW 1rddote SE 1/4 10.Signature Of Well Owner,Consultant Or Authorized Section Township N or 5 Range E or W Pnnapal Meridian )!1 end — The making of false statements herein constitutes perjury in the second 34 16N r 66W I 16th degree,which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104(13)(a). I have read the statements herein,know the contents Distance of well from section lines(section tries are typically not property lines) t •of and state that the are true tom knowled e. Ft from NIS Ft.horn—E w • -gs 11,-.47S1 be al nature) Date Fa replacemertl welt-only-distance and direction from old wet to new well -Prin are SLille ---- 1 I. /3. feet t� direction / / I weh ocation address(Incks*Coy,Stale,Zip) r Cheat d well address is same asuem 1.----- 14 h 1,/1/1 C yj / l/.., l /I — — -- Office Use Only /i/J' ' + ///��(/(�/L/t /V(�� lI Optional: GPS well tocatkm information in UTM format You must check GPS unit for required settings as follows: USGS map nano i DWR map no. ' Surface elev. Format must be UTM —_. .-_ Zone 12 or Zone 13 Receipt area only Easting 519767.6 Nei mu) units must be Meters I Datum must be NADI3 L/ 4 J I N I Northing 4477537.6 7 e9 h L,.) unit must north must be set true no t Was GPS unit cheated for above? YES j Remember to set Datum to NADil3 5.Property Owner Information 1V C4 CEO• Trans Number:3636578 name of property owner —.._..�...------- - 1120/100910:09:15 AM /� lit-I- /�I James Martin(19) Tim D.and Jeanne Iverson I'CI j C4+eA Total Trans Amt:$900.00 c CHECK Mailing ackkess 5011 F Street onrn - Check Number: 1233090 Cey ---- State Zip Code---..- /� +i c e- • - Check At114�f►�:_39QQ.9Q Greeley CO 80631 Telephone N (970) 302-9051 DIV j wo • FORM NO. WELL CONSTRUCTION AND TEST REPORT For Office Use Only GWS-31 STATE OF COLORADO,OFFICE OF THE STATE ENGINEER 0412005 1313 Sherman St.,Room 818,Denver,CO 80203 Phone—Info(303)866.3587 Main(303)866-3581 Fax(303)866-3589 http://www.water state.co.us 1. WELL PERMIT NUMBER:MH-048268 RECEIVED 2. WELL OWNER INFORMATION Lafarge North America JAN 2 0 2009 NAME OF WELL OWNER: MAILING ADDRESS:10170 Church Ranch Way,Suite 200 +VATER K STATES'SOURCESGINEER CITY:Westminster STATE: CO ZIP CODE:80021 O TELEPHONE NUMBER:(303 )657 -4000 3. WELL LOCATION AS DRILLED: SE 1/4, SW 1/4, Sec. 34 , Twp. 6 8 N or El S, Range 66 O E or W DISTANCES FROM SEC.LINES: ft.from O N or El S section line and ft.from O E or❑W section line. SUBDIVISION: , LOT , BLOCK , FILING(UNIT) Owner's Well Designation:TT-MW-09 Optional GPS Location:GPS Unit must use the following settings: Format must be UTM,Units Fasting: 519767.6 must be meters, Datum must be NAD83,Unit must be set to true N, ❑Zone 12 or❑Zone 13 STREET ADDRESS AT WELL LOCATION: Northing: 4477537.627 4. GROUND SURFACE ELEVATION 4668.596 feet DRILLING METHOD Hollow Stem Auger DATE COMPLETED 12-15-2008 TOTAL DEPTH 31.4 feet DEPTH COMPLETED 31.0 feet 5. GEOLOGIC LOG: 6. HOLE DIAM(in.) From(ft) To(ft) Depth Type Grain Size Color Water Loc. 8• 0 31.0' 0-3.0 Clayey Sand Clay,Sand Bm to Dark ern 2 31.0' 31.4' 3.0-29.0 Well Graded Sand Sand,Gravel Tan 6.49 29.0-31.4 Sandy Claystone Gray 7. PLAIN CASING: OD(in) Kind Wall Size(in) From(ft) To(ft) 2 Sch 40 0.154 3'AGS 21.0' - PERFORATED CASING: Screen Slot Size(in): .020 2 Sch 40 0.154 21.0' 31.0' 8. FILTER PACK: 9. PACKER PLACEMENT: Material Natural Cave Type No Packer Size Interval 31.4'-7' Depth 10. GROUTING RECORD Material Amount Density Interval Placement Remarks: Concrete 0'-1' Pour Bentonite 3 Bags 1,-7' Pour 11. DISINFECTION: Type None I Amt.Used 12. WELL TEST DATA: O Check box if Test Data is submitted on Form Number GWS 39 Supplemental Well Test. TESTING METHOD Water Level Indicator Static Level 327 ft. DatefTime measured: 12-16-2008 11:00 , Production Rate gpm. Pumping Level ft. DatefTime measured , Test Length(hrs) Remarks: 13. I have read the statements made herein and know the contents thereof,and they are true to my knowledge. This document is signed and certified in accordance with Rule 17.4 of the Water Well Construction Rules.2 CCR 402-2. (The filing of a document that contains false statements is a violation of section 37-91-108(1)(e),C.R.S.,and is punishable by fines up to$5000 and/or revocation of the contracting license.] Company Name:Tetra Tech, Inc. Phone: License Number: (303 )772 -5282 PG-3665 Mailing Address-1900 S.Sunse treet,Suite 1-F, Longmont,CO 80501 Signature: � Print Name and Title Date Jeremy Deuto,PG 1-6-2008 DEC-09-2008 TUE 04:50 PM FAX NO. 3037727039 P. 08 RECEIVED NOTICE OF INTENT TO CONSTRUCT MONITORING HOLE(S) Please type or print legibly in black or blue ink DEC 10 2006 WATUI Colorado Division of Water Resources 1313 Sherman St-Room 821 Denver CO 80203 STATE nMn MUMS Cao Phone 303-8863681 Fax 303488.3589 AUTHORIZED INDMDUAL OR DRILLER Location:jam'/.,PL'A,Section M. Contact Jeremy Deuto,P.G. Township MIN/S.Range§gyf E/W,PM Company Tetra Tech County Weld Address 1900 South.Sunset Street, Suite IF Subdivision City,State,Zip Lpnamont.CO 80501 Lot .Blk. Fig. Phone 903-772-6282 Fax No.303-772-7030 Stte/Property Address 5011 F Street Driller Lic.No.(if applicable) Greeley,CO 80631 Well Owner(Client)Information Holes)to be constructed: Number>V Name Warne North America Estimated depth Ft. Aquifer Address 10170 Church Ranch Way.Suite 200 Purpose of Monitoring Hole(s)Groundwater Westminster.CO 80021 )nonitorine Approximate Date of Construction 12-15.2008 (Must be et least 3 dap prior to wravucdon) Well Owner's Phones 303-857-4000 Landowner's Name: Tim Iverson Jeremy Paulo Authorized Signature ACKNOWLEDGEMENT FROM STATE ENGINEER'S OFFICE 048268 FOR OFFICE USE ONLY MH- PROCESSED BY Dv_ I WD BAS MD DATE ACKNOWLEDGED /2 —/o—ag CONDITIONS OF MONITORING HOLE ACKNOWLEDGEMENT A COPY OF THE WRITTEN NOTICE OR ACKNOWLEDGEMENT SHALL BE AVAILABLE AT THE DRILLING Sfrt Notice was provided to the State Engineer at least 3 days prior to construction of monitoring&observation hole(s). Construction of the hole(s)must be completed with 90 days of the date notice was given to the State Engineer. Testing and/or pumping shall not exceed a total of 200 hours unless prior written approval is obtained tom the State Engineer. Water diverted during testing MAIM be used for beneficial purposes. The owner of the hole(s)Is responsible for obtaining permit(s)and complying with all rules and regulations pertaining to the discharge of fluids produced during testing. All work must comply with the Water Well Construction Rules,2 CCR 402-2. Minimum construction standards must be met or a variance obtained. Standard permit application and work report forms are found on the DWR website at htlinlAvww.water.stste.co.us. Well Construction and Test Repots(OWS.31)must be completed for each hole drilled. The licensed contractor or authorized individual must submit the completed forms to this office within 60 days of drilling. Unless a well permit Is obtained,the holes)must be plugged and sealed within one(1)year after construction. An Abandonment Report(form OWS"9)must be submitted for each hole plugged with 60 days of plugging&staling. The monitoring hole acknowledgement number,owners structure name,and hole owners name and address must be provided on all well permit application(s),well construction and abandonment reports. The owner of the hole(s)should maintain records of water quality testing and submit this data to the State Engineer upon request A monitoring hole cannot be converted to a production water well,except for purposes of remedlation(recovery)or as a permanent Dewatering system,If constructed In accordance with the Water Well Construction Rules and pollcles of the State Engineer. THIS ACKNOWLEDGEMENT OF NOTICE DOES NOT INDICATE THAT WELL PERMITS)CAN BE APPROVED. IF HOLES WILL NOT BE CONSTRUCTED UNDER This NOTICE WITHIN 90 DAYS,PLEASE WRITE."NO HOLES CONSTRUCTED' ON A COPY OF THE LEDGED NOT1C Wmi THE FILE NUMBER AND FAX THE COPY TO THE DIVISION OF WATER RESOURCES. . v ,,Zov • RECEIVED TETRA TECH JAN 2 0 2009 :VA I tr( 4OO URGES STATECE O LGINEER January.16,2009 O Colorado Division of Water Resources Department of Natural Resources 1313 Sherman Street,Room 818 Denver,CO 80203 Attn: Well Records RE: Monitoring/Observation Water Well Permit Applications To Whom it May Concern: Attached please find nine Monitoring/Observation Water Well Permit applications and a check for$900.00 to cover the application fee. We are submitting these applications on behalf of Lafarge. If you have any questions regarding the applications,please contact Jeremy Deuto,PG at 303-772-5282. When the permits are issued,the permits should be sent to Lafarge;however,I would appreciate it if you could please email me a copy of the permits for our records. My email address is pam.hora antetratech.com. Thank you for your consideration. Sincerely, TETRA TECH `�l �c Pamela Franch Hora,MCP Planning Project Manager Attachments cc: Anne Johnson,Lafarge F'I33-235 I I-06OOflCovnw'viaas CecrapondmceMsucn we0 yank ow mw letterdot • • 1900 S.Sunset Street,Suite I-F Longmont,CO 80501 Tel 303.772.5282 Fax 303.772.7039 www.tetratechcom Form No. OFFICE OF THE STATE ENGINEER GWS-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg.,1313 Sherman St.,Denver,Colorado 80203 (303)866-3581 EXST WELL PERMIT NUMBER 279714 - - APPLICANT DIV. 1 WD6 DES. BASIN MD APPROVED WELL LOCATION WELD COUNTY NE 1/4 SW 1/4 Section 34 LAFARGE NORTH AMERICA Township 6 N Range 66 W Sixth P.M. C/O TETRA TECH INC DISTANCES FROM SECTION LINES 1900 SOUTH SUNSET STREET 1548 Ft. from South Section Line LONGMONT, CO 80501- 2467 Ft. from West Section Line (303) 772-5282 UTM COORDINATES (Meters,Zone:13,NAD83) PERMIT TO USE AN EXISTING WELL Easting: 519973 Northing: 4476802 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(I)for uses as described in CRS 37-92-602(1)(f). Use of this well is limited to monitoring water levels and/or water quality sampling. 4) Approved for the use of an existing well acknowledged for construction under monitoring hole notice MH-48264,and known as TT-MW-01. 5) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and locked at all times except during sampling or measuring. 6) Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of Water Resources upon request. 7) Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. 8) The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. 9) This well must have been constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Well Construction Rules. 10) This well must be located not more than 200 feet from the location specified on this permit. 11) Issuance of this permit does not guarantee that this well can be converted to a production well under a future permit. The ability of this well to be converted to a production well is limited by all governing statutes, rules, regulations,orders,and/or decrees. NOTICE:This permit has been approved subject to the following changes:The distances from section lines were calculated from UTM coordinate values provided with the permit application. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty(60)days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106,C.R.S) NOTE:This well was not constructed in the 1/4, 1/4 designated under MH-48264. 3.D.+1. °I'tsg°1 APPROVED 4.37 BDH Stale Engiirleer By Receipt No.3636578A DATE ISSUED 01-28-2009 EXPIRATION DATE v. COLORADO DIVISION OF WATER RESOURCES Office Use Only Form GWS-46(12/2007) DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST.,RM 818,DENVER CO 80203 phone—info:(303)866-3587 main:(303)866-3581 4 CEIVED • Fax:(303)866-3589 http://www.water.state.co.us MONITORING/OBSERVATION JAN 2 0 2009 Water Well Permit Application Review instructions on reverse side prior to completing form. IVAfER REpSOURCES The form must be completed in black or blue ink or typed. >TATECEONQINEER 1.Well Owner Information 6.Use Of Well Name of well owner - - - --------._ ----- --Use of this well is limited to monitoring water levels Lafarge North America and/or water quality sampling Maikngamess 7.Well Data (proposed) 10170 Church Ranch Road Total depth Aplifer City _- I State - I Zip code 22.9 feet Alluvial Westminster I CO 80021 8.Consultant Information (if applicable) Telephone# E-Mail lnWon2n - Name JCOntact cerwn (303)657-4000 Jeremy Deuto,PG --------- 2.Type Of Application (check applicable boxes) pa yname Use existing well r Replacement for existing monitoring well: Tetra Tech, Inc 7 Construct new well Permit rw: Mailing amens Other: 1900 South Sunset Street 3.Refer To(if applicable) ay State Zip Cede MonBon ride ackncwl '"" re edpnem � cow name or Longmont CO 80501 MH-048264 i TT-M W-oi ...Telephone p._ 4. Location Of Proposed Well (303) 772-5282 County ----- --- I -------_._._ _ 9. Proposed Well Driller License#(optional): Weld 1 SW v.aMe NW 1/4 10.Signature Of Well Owner,Consultant Or Authorized Setlimr I Toraship Nor5 Range -E orw- Principal Meridian Agent — _Th emn__- -_---_—__ second The making of false statements herein constitutes perjury in the second 34 J 6N 66W 16th degree,which is punishable as a class 1 misdemeanor pursuant to C.R.S. ------ 24-4-104(13)(a). I have read the statements herein,know the contents Distanceol well Man section lines(section lines are typically not property lines) ih-reof and sta • .ttheyare true to my knowledge. Ft.km NI S Ft.from—E W 9n ere(Must..wlgm e! -,e) Date ---- ----w t- 13,Ug For replacement wells only and Arecaon lrom old well well � -- I feet direction Prim named mle —' de w - --- firma <3r bosh, La nd /Hair on location amens prelude Gy,Sim Zip) �Check R well address same asuen t. Office Use Only Optional: GPS wet location information in UTM format You must check GP5 unit for required settings as follows: USGS map name - OWN crap no. ':. Surface elev. Format must be UTM Zone 12 or/zone 13 ,. I Receipt area only Pasting 519972.6 VE, ,$W lints must be Meters Datum(mist be NADB3 I TL)11 Noshing 4476801.5 ,)t I(e71W Unit must be set to true norm - L Was G'5 unit checked f«above? YES Remember to set Datum to NADS3 5.Property Owner Information A/of CPA- A Trans Number:3636578 Namof wwertyowner — — -- I I/L 1/20/200910.09.15 AM 1 ti/y_ ( James Martin(19) Tim D.and Jeanne Iverson t Total Trans And:$900.00 Mailing address - -- ---- -- fns-\rCR CHECK 0rl m t{-No4-/Le , Check Number: 1233090 5011 F Street Check Amount: $900.00 Gty State___ Zip Cade -- Greeley CO 80631 __-onek Telcgfn ---- —.. (970) 302-9051 olv 1 WO BA -, MD FORM NO. WELL CONSTRUCTION AND TEST REPORT For Office Use Only GWS-31 STATE OF COLORADO,OFFICE OF THE STATE ENGINEER 04/2005 1313 Sherman St.,Room 818,Denver,CO 80203 Phone-Info(303)866-3587 Main(303)866-3581 4ECEIVED Fax(303)866-3589 http://www.water.state.co.us 1. WELL PERMIT NUMBER:MH-048264 2. WELL OWNER INFORMATION JAN 2 0 2009 NAME OF WELL OWNER: Lafarge North America rVATEiii RESOURCES MAILING ADDRESS:10170 Church Ranch Way, Suite 200 STATE ENGINEER COLO CITY:Westminster STATE: CO ZIP CODE:80021 TELEPHONE NUMBER: (303 )657 -4000 3. WELL LOCATION AS DRILLED: SW 1/4, NW 1/4 Sec. 34 , Twp. 6 ❑M Nor❑S, Range fib ❑E or 0 W DISTANCES FROM SEC. LINES: ft.from ❑N or❑S section line and ft.from ❑E or❑W section line. SUBDIVISION: , LOT , BLOCK , FILING(UNIT) Owner's Well Designation:TT-MW-01 Optional GPS Location:GPS Unit must use the following settings: Format must be UTM,Units Easling: 519972.6 must be meters,Datum must be NAD83, Unit must be set to true N, ❑Zone 12 or©Zone 13 STREET ADDRESS AT WELL LOCATION: Northing: 4476801.5 4. GROUND SURFACE ELEVATION 4692.3 feet DRILLING METHOD Hollow Stem Auger DATE COMPLETED 12-15-2008 TOTAL DEPTH 22.9 - feet DEPTH COMPLETED 22.3 feet 6. GEOLOGIC LOG: 6. HOLE DIAM(in.) From(ft) To(ft) Depth Type Grain Size Color Water Loc. 8' 0 22.0 0-4.5 Clayey Sand Sand. Clay Tan 2 22.0 22.9 4.5-20.0 Well Graded Sand Sand,Gravel Tan 6.49 20.0-22.3 sandy Craystone Bedrock Gray 7. PLAIN CASING: OD(in) Kind Wall Size(in) From(ft) To(ft) 2 Sch40 0.154 3'AGS 12.0 PERFORATED CASING: Screen Slot Size(in): .020 2 Sch 40 0.154 12.0 22.0 8. FILTER PACK: 9. PACKER PLACEMENT: Material Natural Cave Type No Packer Size Interval 7'-22.9' Depth 10. GROUTING RECORD Material Amount Density Interval Placement Remarks: Cement 0•-1• Pour Bentonite 4 Bags 1'-4' Pour 11. DISINFECTION: Type None Amt. Used 12. WELL TEST DATA: ❑Check box if Test Data is submitted on Form Number GWS 39 Supplemental Well Test. TESTING METHOD Water Level Indicator Static Level 6.49 ft. Date/Time measured: 12-16-2008 12:45 • Production Rate gpm_ Pumping Level ft. Date/Time measured , Test Length(hrs) . Remarks: 13. I have read the statements made herein and know the contents thereof,and they are true to my knowledge. This document is signed and certified in accordance with Rule 17.4 of the Water Well Construction Rules,2 CCR 402-2. [The filing of a document that contains false statements is a violation of section 37-91-108(1)(e).C.R.S.,and is punishable by fines up to$5000 and/or revocation of the contracting license] Company Name:Tetra Tech, Inc. Phone: License Number: (303 )772 -5282 PG-3665 Mailing Address: /1/99O00O Jeremy Deuto, PG Date S. Sunset Street, Suite 1-F,Longmont,CO 80501 Signature: d' Print Name and Title 1-6-2008 DEC-09-2008 TUE 04:47 PM FAX NO. 3037727039 P. 02 RECEIVED NOTICE OF INTENT TO CONSTRUCT MONITORING HOLE(S) Please type or prim legibly In black or blue ink 'DEC I 0 2008 mmu Colorado Division of Water Resources 1313 Sherman St-Room 821 Denver CO 80203 smarm aa Phone 303-866-3581 Fax 303-866.3689 • AUTHORIZED INDNIDUAL OR DRILLER + +/. Section Location;Ott'A,J M, Contact Jeremy Deuto. P.G. Township¢K.N/S.Range¢§b(E/W,PM__ Company Tetra Tech County Weld Address 1900 South,Sunset Street Suite 1F Subdivision City,State.Zip Longmont. CO 80501 Lot .Blk. Fig. Phone 303-772.5282 pax No.303-772-7039 Site/Property Address 5011 F Street. Driller Lie.No.(If applicable) Greeley:CO 80631 • Well Owner(Client)Information Hole(s)to be constructed: Number 1 Name Lafarge North America Estimated depth 35 Ft. Aquifer Address 10170 Church Ranch Way.Suite 200 Purpose of Monitoring Hole(s)Groundwater Westminster,CO 80021 monitoring Approximate Date of Construction 12-15-2008 (Must be at least 3 days prior to construction) Well Owner's Phones 303-657-4000 Landowner's Name: Tim Iverson Jeremy Deuto Authorized Signature • ACKNOWLEDGEMENT FROM STATE ENGINEER'S OFFICE 048264 FOR OFFICE USE ONLY �� MH PRacES8ED BY ../2 -/-c-- DIV._f-_WD_SAS MO___ DATE ACKNOWLEDGED /c/O-O$' CONDITIONS OF MONITORING HOLE ACKNOWLEDGEMENT A COPY OF THE WRITTEN NOTICE OR ACKNOWLEDGEMENT SHALL BE AVAILABLE AT THE DRILLING SITE. Notice was provided to the State Engineer et least S days prior to construction of monitoring it observation hole(s). Construction of the hole(s)must be completed with 90 days of the date notice was given to theiState Engineer. Testing and/or pumping shall not exceed a total of 200 hours unless prior written approval is obtained from the State Engineer. Water diverted during testing shall not be used for beneficial proposes. The owner of the hole(s)Is responsible for obtaining permit(s)and complying with all rules and regulations pertaining to the discharge of fluids produced during testing. Alt work must comply with the Water Well Construction Rules,2 CCR 402.2: Minimum construction standards must be met or a variance obtained. Standard permit application and work report fomre are found an the DWR website at Mte:llwww.water,stats.co.us+ Well Construction and Test Reports(GWS-31)must be completed for each hole drilled. The licensed contractor or authorized Inds/ritual must submit the completed forms to this office within 60 days of drilling. Unless a well permit is obtained,the hole(s)must be plugged and sealed within one(1)year after construction. An Abandonment Report(form OWS-9)must be submitted for each hole plugged with 60 days of plugging 8 sealing. The monitoring hole erknowledgement number.owners structure name,and hole owners name and address must be provided on all well permit application(s),well construction and abandonment reports. The owner of the hole(s)should maintain records of water quality testing and submit this data to the State Engineer upon request A monitoring hole cannot be converted to a production water well,except for purposes of remedlation(recovery)or as a permanent Dewatering system.K constructed in accordance with the Water Well Construction Rules and policies of the State Engineer- THIS ACKNOWLEDGEMENT OF NOTICE DOES NOT INDICATE THAT WELL PERMIT(S)CAN BE APPROVED. IF HOLES WILL NOT BE CONSTRUCTED UNDER THIS NOTICE WITHIN 90 DAYS,PLEASE WRITE,'NO HOLES CONSTRUCTED' ON A COPY OF THE ACKNOWLEDGED NOTICE WITH THE FILE NUMBER AND FAX THE COPY TO THE DIVISION OF WATER RESOURCES. RECEIVED t* TETRA TECH JAN 2 0 2009 ,Vi 1/21 ritSOURCES STATAT cEiGINEER January 16,2009 Colorado Division of Water Resources Department of Natural Resources 1313 Sherman Street,Room 818 Denver,CO 80203 Attn: Well Records RE: Monitoring/Observation Water Well Permit Applications To Whom it May Concern: Attached please find nine Monitoring/Observation Water Well Permit applications and a check for$900.00 to cover the application fee. We are submitting these applications on behalf of Lafarge. If you have any questions regarding the applications,please contact Jeremy Deuto,PG at 303-772-5282. When the permits are issued,the permits should be sent to Lafarge;however,I would appreciate it if you could please email me a copy of the permits for our records. My email address is pam.hora tetratech.com. Thank you for your consideration. Sincerely, TETRA TECH ---/(hdat—S-40kfteetk 4470P— Pamela Franch Hora,AICP Planning Project Manager Attachments cc: Anne Johnson,Lafarge P'\133-23311-06WSCommutimions\CannpmtivreVenmMVJI pent app cover tier h,c 1900 S.Sunset Street Suite I-F Longmont.CO 80501 Tel 303.7725282 Fax 303.772.7039 wwwtetratech cam Form No. OFFICE OF THE STATE ENGINEER GWS-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg.,1313 Sherman St.,Denver,Colorado 80203 (303)866-3581 EXST WELL PERMIT NUMBER 279715 - APPLICANT DIV. 1 WD6 DES. BASIN MD APPROVED WELL LOCATION WELD COUNTY NW 1/4 SE 1/4 Section 34 LAFARGE NORTH AMERICA Township 6 N Range 66 W Sixth P.M. C/O TETRA TECH INC DISTANCES FROM SECTION LINES 1900 SOUTH SUNSET STREET 1548 Ft. from South Section Line LONGMONT, CO 80501- 2187 Ft. from East Section Line (303)772-5282 UTM COORDINATES (Meters,Zone:13,NAD83) PERMIT TO USE AN EXISTING WELL Easting: 520158 Northing: 4476802 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(I)for uses as described in CRS 37-92-602(1)(f). Use of this well is limited to monitoring water levels and/or water quality sampling. 4) Approved for the use of an existing well acknowledged for construction under monitoring hole notice MH-48268,and known as TT-MW-02. 5) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and locked at all times except during sampling or measuring. 6) Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of Water Resources upon request. 7) Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. 8) The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. 9) This well must have been constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Well Construction Rules. 10) This well must be located not more than 200 feet from the location specified on this permit. 11) Issuance of this permit does not guarantee that this well can be converted to a production well under a future permit. The ability of this well to be converted to a production well is limited by all governing statutes, rules,regulations,orders,and/or decrees. NOTICE:This permit has been approved subject to the following changes:The distances from section lines were calculated from UTM coordinate values provided with the permit application. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty(60)days of the date of issuance, pursuant to the State Administrative Procedures Act.(See Section 24-4-104 through 106,C.R.S.) 2.D,}I, of/¢8/O4 APPROVED ( � BDH (,CJ State Engineer Receipt No.3636578B DATE ISSUED 01-28-2009 EXPIRATION DATE 1 +► COLORADO DIVISION OF WATER RESOURCES Office Use Only DEPARTMENT OF NATURAL RESOURCES Form GWS 46(12/2007) 1313 SHERMAN ST.,RM 818,DENVER CO 80203 phone-info:(303)866-3587 main:(303)866-3581 'RECEIVED Fax:(303)866-3589 http:Nwww.waler.state.co us MONITORING/OBSERVATION Water Well Permit Application JAN 2 Q 2009 Review Instructions on reverse side prior to completing form. !VA fEH R k-SOURCES The form must be completed In black or blue ink or typed. - TATS ENGINEER 1.Well Owner Information 6.Use Of Well Mt n Named well owner - -----.-.--- Use of this well is limited to monitoring water levels Lafarge North America and/or water quality sampling - _— 7.Well Data(proposed) 10170 Church Ranch Road Total depth - Adder -Gty — TS-late -1-4 code 19.7 feet Alluvial Westminster II CO 180021 8.Consultant Information (if applicable) Telephone a ------..��__ E-Mail( pet:nal) _ _'_-----rs-'- _-."-- _�.- Name dcontact perperson -------_". (303)6574000 Jeremy Deuto, PG 2.Type Of Application(check a --'—` --------- ---- applicable boxes) Company name —� --— Use existing well E Replacement for existing monitoring well: Tetra Tech,Inc 7 Construct new well — Permit no.: Mailing address Other: 1900 South Sunset Street 3. efer To(if applicable) cH slam Zip Code Mmitonng trade ackroMedgmient . Wel name or M -_-..__.--_---- --_-__ Longmont .- ----- — _- -- - CO 80501 TT-MW-02 Telephone 9 Telephone# — MH-048268 4.Location Of Proposed Well✓ _ , (303) 772-5282 County-- --- 7`' 9. Proposed Well Driller License#(optional): Weld NW "edthe sE "4 10.Signature Of Well Owner,Consultant Or Authorized Section TOhnsnup N or S -----.—_.__.__._. I>an9e E or W j Ponape/Mardian Agent 34 i- I— The making of false statements herein constitutes 6tV perjury in the second I• 66W �,6th degree,which is punishable as a class 1 misdemeanor pursuant to C.R.S. ---note d war nom section sues(section rues am 24-4-104(13)(a). I have read the statements herein,know the contents tWicatty eel property fines) thereof and state that they are true to my knowked FL from N S --------..._..._.------------ .—_ Ft from—E W ere(Must be semi re) I Date For_replacement well-only—distance and direction from did well to new well — I"3 0 feet direction Print na me a bile--)I --- — Wel locaron address(Include City,State.Z.)—7Cnk m ec well address Is same--diem 1.—---- /f')i (J 1 k/fir //�]d��6 -- — — — — - -- —_ _ Office Use Only (4 �VI / Optional: GPS war location information in UTM format You must check GPS unit for required settings as forows: USES map name—'_.__..___..---......-- i DWR rrep no ` Surface elev. Formal'rust be UiM I _ i one t2 or„eZone 13 __—._.__._____ ' Zon Unit be Meters Easting 520157.92 i 3 �� s Receipt area only I EDatum must be NADp 1-7 r unu must be set to fns horn, Northing 4476801.51 �1 Was GPS unit checked for above, YES i Remember to set Datum to NADSa 5.Property Owner Information Trans Number:3636578 g Marned property otm,e— — — -- — ------ 1/201200910:09:15AM Turn D.and Jeanne Iverson James Martin(19) nr�ling address -- Total Trans Amt:$900.00 _. CHECK 5011 F Street Check Number: 1233090 — - ...._.___CheckAmount:__39fl0.00____...----..---- CRy Stale Zip Code— Greeley CO 80631 Telephone p ---• --- /ji_ BA MD (970) 302-9051 DIV I WD_/ . _. , FORM NO. WELL CONSTRUCTION AND TEST REPORT For Office Use Only GWS-31 STATE OF COLORADO,OFFICE OF THE STATE ENGINEER 04/2005 1313 Sherman St.,Room 818,Denver,CO 80203 Phone—Info(303)866-3587 Main(303)866-3581 Fax(303)866-3589 http://www.waterstate.co.us 1. WELL PERMIT NUMBER:MH-048268 'ECE[VEb 2. WELL OWNER INFORMATION Lafarge North America NAME OF WELL OWNER: JAN 2 0 2009 MAILING ADDRESS:10170 Church Ranch Way,Suite 200 -HATER RESOURCES CITY:Westminster STATE: CO ZIP CODE:80021 STATE ENGINEER TELEPHONE NUMBER:(303 )657 -4000 COLCC 3. WELL LOCATION AS DRILLED: NW 1/4, SE 1/4, Sec. 34 , Twp. 6 ❑N N or❑S, Range 66 D E or 0 W DISTANCES FROM SEC.LINES: ft.from ❑N or❑S section line and ft.from ❑E or❑W section line. SUBDIVISION: , LOT , BLOCK , FILING(UNIT) Optional GPS Location:GPS Unit must use the following settings. Format must be UTM,Units Owner's Well Designation:TT-MW-o2 must be meters, Datum must be NAD83,Unit must be set to true N, Easting. 520157.92 ❑Zone 12 or❑Zone 13 STREET ADDRESS AT WELL LOCATION: Northing: 4476801.51 4. GROUND SURFACE ELEVATION 4660.7 feet DRILLING METHOD Hollow Stem Auger DATE COMPLETED 12-15-2008 TOTAL DEPTH 19.7 feet DEPTH COMPLETED 19.0 feet 5. GEOLOGIC LOG: 6. HOLE DIAM(in.) From(ft) To(ft) Depth Type Grain Size Color Water Loc. e' 0 19.0' 0-3.5 Sandy Clay Clay,Sand Bmto Dark Bm 2 19.0' 19.7' 3.5-11.0 Silty Sand Silt,Sand Tan 6.12 11.0-18.0 Well Graded Sand Sand,Gravel Tan 7. PLAIN CASING: 18.0-19.7 Sandy Claystone OD(in) Kind Wall Size(in) From(ft) To(ft) 2 Sch 40 0.154 3'AGS 9.0' PERFORATED CASING: Screen Slot Size(in): .020 2 Sch 40 0.154 9.0' 19.0' 8. FILTER PACK: 9. PACKER PLACEMENT: Material '''''"""^” Type No Packer Size Interval 187'-6•(6'-5) Depth 10. GROUTING RECORD ' Material Amount Density Interval Placement Remarks: concrete o•-1' Pour Bentonite 2 Bags V-4' Pour 11. DISINFECTION: Type None Amt.Used 12. WELL TEST DATA: ❑Check box if Test Data is submitted on Form Number GWS 39 Supplemental Well Test. TESTING METHOD Water Level Indicator Static Level 6.12 ft. Date/Time measured: 12-16-2008 14:45 , Production Rate gpm. Pumping Level ft. Date/Time measured , Test Length(hrs) . Remarks: 13. I have read the statements made herein and know the contents thereof,and they are true to my knowledge. This document is signed and certified in accordance with Rule 17.4 of the Water Well Construction Rules,2 CCR 402-2. [The filing of a document that contains false statements is a violation of section 37-91-108(1)(e),C.R.S.,and is punishable by fines up to$5000 and/or revocation of the contracting license.] Company Name:Tetra Tech, Inc. Phone: License Number. (303 )772 -5282 PG-3665 Mailing Address:1900 S. Sunset Street, Suite 1-F, Longmont,CO 80501 Signature: Print Name and Title Date Jeremy Deuto, PG 1-6-2008 • DEC-09-2008 TUE 04:50 PM FAX NO. 3037727039 P. 08 RECEIVED NOTICE OF INTENT TO CONSTRUCT MONITORING HOLE(S) Please type or print legibly in black or blue ink DEC 1 0 axe WOMUUMMU Colorado Division of Water Resources 1313 Sherman St-Room 821 Denver CO 80203 nPnruweD coo Phone 303-886-3581 Fax 303.868.3589 AUTHORIZED INDIVIDUAL OR DRILLER Location:NIM'A,SE IA,Section M, Contact Jeremy Deuto,P,G. Township ELN/S,Range QW E/W, PM Company Tetra Tech County Weld Address 1900 South.Sunset Street, Suite 1F Subdivision City,State,Zip 1,pnemont,CO 80501 Lot .Blk. Flg. Phone 903-772-528Z Fax No.303-772.7039 Site/Property Address 5011 F Street Driller Lie.No.(If applicable) Greeley,CO 80631 Well Owner(Client)Information Hole(s)to be constructed: Number 1- Name Lafarge North America Estimated depth 9i6 Ft. Aquifer Address 10170 Church Ranch Way.Suite 200 Purpose of Monitoring Hole(s)Groundwater Westminster.CO 80021 rnonitorino Approximate Date of Construction 12-15-2008 Weil Owner's Phones 303.657-4000 (Hoer to e<resst s days prior m ox sbucaor) Landowner's Name: Tim Iverson Jeremy Deuto Authorized Signature ACKNOWLEDGEMENT FROM STATE ENGINEER'S OFFICE 048268 FOR OFFICE USE MH- PROCESSED By Div. I WD BAs MD DATE ACKNOWLEDGED /2 —/a—a15 CONDITIONS OF MONITORING HOLE ACKNOWLEDGEMENT A COPY OF THE WRITTEN NOTICE OR ACKNOWLEDGEMENT SHALL BE AVAILABLE AT THE DRILUNG SITE. Notice was provided to the State Engineer at least 3 days prior to construction of monitoring&observation hole(s). Construction of the hole(s)must be completed with 90 days of me date notice was given to the State Engineer. Testing and/or Dumping shell not exceed a total of 200 hours unless prior written approval Is obtained from the State Engineer. Water diverted during testing ght not be used for beneficial purposes. The owner of the hole(s)is responsible for obtaining permits)and complying with all rules and regulations pertaining to the discharge of fluids produced during testing. All work must comply with the Water Well Construction Rules,2 CCR 402-2. Minimum construction standards must be met or a variance obtained. Standard permit application and work report forms are found on the DWR website at httotlAwAv.watenstate.co.us. stete.co.us. Well Construction and Test Reports(GWS-31)must be completed for each hole drilled. The licensed contractor or authorized individual must submit the completed forms to this office within 60 days of drilling. Unless a wall permit le obtained,the boles)must be plugged and sealed within one(1)year after construction. An Abandonment Report(form GWS-9)must be submItted for each hole plugged with 60 days of plugging&sealing. The monitoring hole acknowledgement number,owner's structure name,and hole owner's name and address must be provided on ell well permit application(s),well construction and abandonment reports. The owner of the hole(s)should maintain records of water quality testing and submit this data to the State Engineer upon request. A monitoring hole cannot be converted to a production water well,except for purposes of remediatlon(recovery)or as a permanent Dewatering system,if constructed in accordance with the Water Well Construction Rules and policies of the State Engineer. THIS ACKNOWLEDGEMENT OF NOTICE DOES NOT INDICATE THAT WELL PERMIT(S)CAN BE APPROVED. IF HOLES WILL NOT BE CONSTRUCTED UNDER THIS NOTICE WITHIN 90 DAYS,PLEASE WRITE.'NO HOLES CONSTRUCTED' ON A COPY OF THE LEDGED NOTIC WITH THE FILE NUMBER AND FAX THE COPY TO THE DIVISION OF WATER RESOURCES. y p /f{�,,, pa_ ca-17 • RECEIVED TETRA TECH JAN 2 0 2009 'Vial to tic SOURCES STATE 8INEER January 16,2009 Colorado Division of Water Resources Department of Natural Resources 1313 Sherman Street,Room 818 Denver,CO 80203 Attn: Well Records RE: Monitoring/Observation Water Well Permit Applications To Whom it May Concern: Attached please find nine Monitoring/Observation Water Well Permit applications and a check for$900.00 to cover the application fee. We are submitting these applications on behalf of Lafarge. If you have any questions regarding the applications,please contact Jeremy Deuto,PG at 303-772-5282. When the permits are issued,the permits should be sent to Lafarge;however,I would appreciate it if you could please email me a copy of the permits for our records. My email address is pam.hora@tetratech.com. Thank you for your consideration. Sincerely, TETRA TECH -.71S/164—S.44/71-404-94le2— Pamela Franch Hora,AICP Planning Project Manager Attachments cc: Anne Johnson,Lafarge Ihl33.2351 I.o8a0ACmn.mkaionnCnngpMnscvmm'.w Pmt w cover weaver 1900 S.Sunset Street Suite I-F Longmont CO 80501 Tel 303.772.5282 Fax 303.772.7039 wviw.tetratech.com Form No. OFFICE OF THE STATE ENGINEER Gws-25 COLORADO DIVISION OF WATER RESOURCES • 818 Centennial Bldg.,1313 Sherman St.,Denver,Colorado 80203 (303)866-3581 EXST WELL PERMIT NUMBER 279716 - - APPLICANT DIV. 1 WD6 DES. BASIN MD APPROVED WELL LOCATION WELD COUNTY NW 1/4 SE 1/4 Section 34 LAFARGE NORTH AMERICA Township 6 N Range 66 W Sixth P.M. C/O TETRA TECH INC DISTANCES FROM SECTION LINES 1900 SOUTH SUNSET STREET 1948 Ft. from South Section Line LONGMONT, CO 80501- 1839 Ft. from East Section Line (303)772-5282 UTM COORDINATES (Meters,Zone:13,NAD83) PERMIT TO USE AN EXISTING WELL Easting: 520265 Northing: 4476924 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(I)for uses as described in CRS 37-92-602(1)(f). Use of this well is limited to monitoring water levels and/or water quality sampling. 4) Approved for the use of an existing well acknowledged for construction under monitoring hole notice MH-48266, and known as TT-MW-03. 5) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and locked at all times except during sampling or measuring. 6) Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of Water Resources upon request. 7) Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. 8) The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. 9) This well must have been constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Well Construction Rules. 10) This well must be located not more than 200 feet from the location specified on this permit. 11) Issuance of this permit does not guarantee that this well can be converted to a production well under a future permit. The ability of this well to be converted to a production well is limited by all governing statutes, rules,regulations,orders,and/or decrees. NOTICE:This permit has been approved subject to the following changes:The distances from section lines were calculated from UTM coordinate values provided with the permit application. You are hereby notified that you have the right to appeal the issuance of this permit,by filing a written request with this office within sixty(60)days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106,C.R.S.) 13.D N• 0i/z8/o9 APPROVED BDH • ° State Engin By UReceipt No.3636578C DATE ISSUED 01-28-2009 EXPIRATION DATE •41. COLORADO DIVISION OF WATER RESOURCES Office Use Only Form GWS-46(12/2007) DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST.,RM 818,DENVER CO 80203 •; FCEIVED phone-info:(303)866-3587 main:(303)866-3581 Fax:(303)866-3589 hltp://www.water.state.co.us MONITORING/OBSERVATION JAN 2 0 2009 Water Well Permit Application ,VAIEit rt SOURCES Review instructions on reverse side prior to completing form. STATE ENGINEER The form must be completed In black or blue ink or typed. COLD 1.Well Owner Information 6.Use Of Well _'— Name of well owner ..__ Use of this well is limited to monitoring water levels Lafarge North America and/or water quality sampling Mailing address 7.Well Data(proposed) 10170 Church Ranch Road -retail-WI;"— — Aquifer City — —` State z p wee 18.5 feet Alluvial Westminster CO 180021 8.Consultant Information(if applicable) Telrptgne it -- E4 it(Optional) Name d wntact person (303)657-4000 Jeremy Deuto, PG 2.Type Of Application(check applicable boxes) nameCompany n — 7,Use existing well (-Replacement for existing monitoring well: Tetra Tech,Inc 7 Construct new well Permit no.: Mailing address Other: 1900 South Sunset Street 3. Refer To(if applicable) City State LP Code Mohilonng hole aUmwAedgnent wen name a A Longmont CO 80501 mu-048268Telephone---... _.....___-- TT-MW-03 >< ---- '•4.Location Of Pro osed Well (303) 772-5282 CouiT _ __— - - --' 9.Proposed Well Driller License#(optional): Weld NW v4 of the SE tie 10.Signature Of Well Owner,Consultant Or Authorized Section Township N or S Range E or W Pmcpal Meridian Agent l r- i- The making of false statements herein constitutes perjury in the second 34 16N 66W —16th degree,which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104(13)(a). I have read the statements herein,know the contents Distanced well from section Ines(section lines are typically not property Imes) the f and state that they are true tom knowled . Ft.lion —N I S Ft.Iran E W h (Must be signs re) I Dale FaptacemeM wells oily-distance and erection from old wen to new well __ —. r re ‘,A.1.--,,, w_ I I'/3. O feet -...Print name Z.title — v w---------'-- —a f J direction )) Wel locebon actress(include City,State.Zip) E Check d well address is same ashen 11. ------ A hrw Jb I h--/••, i M'..,� �/-` _ . ____--._..__... - _ _ Office Use Only f/�1�{f "lY jFtly!/� Optional: UPS well location information in UTM format — You must check GPS unit for required settings as follows USES map name — -- i DWR map no. ' Surface elev. ' Format must be UTM I i Zone 12 or/Zone 13 r Receipt area only Fasting 520265.0 9 L18 S Units must be Meters Datum must b.SIAM) !� 83 • r F Q Northing 4476923.6 f Unit must be set to true north Was GPS unit checked for above? YES Remember to set Datum to NAD83 5.Property Owner Information Trans Number:3636578 Narne ot property owner -- -- 1/20/2009l0:09:15AM Tim D.and Jeanne Iverson James Allertln Total Trans Amt $90(19)0 00 Mailing address ----- - tCHECK 5011 F Street Check Number: 1233090 _. . Check Amount: - City State Zip Code Greeley CO 80631 • Telephone U . (970) 302-9051 ?HIV I w u. • FORM NO. WELL CONSTRUCTION AND TEST REPORT For Office Use Only GWS-31 STATE OF COLORADO,OFFICE OF THE STATE ENGINEER 04/2005 1313 Sherman St.,Room 818,Denver,CO 80203 Phone-Info(303)866-3587 Main(303)866-3581 ' 'F-;F Fax(303)866-3589 http://www.water.state.co.us 1. WELL PERMIT NUMBER:MH-048268 2. WELL OWNER INFORMATION JAN 2 4 ZUll9 NAME OF WELL OWNER: Lafarge North America vAfErt RSVUS MAILING ADDRESS:1O170 Church Ranch Way,Suite 20O STATEEOLGINE CITY:Westminster STATE: CO ZIP CODE:80021 L TELEPHONE NUMBER:(303 )657 -4000 3. WELL LOCATION AS DRILLED: NW 1/4, SE 1/4, Sec. 34 , Twp. 6 _ 0 N or O S, Range 66 ❑E or Q W DISTANCES FROM SEC.LINES: ft.from ❑N or❑S section line and ft.from ❑E or❑W section line. SUBDIVISION: , LOT , BLOCK , FILING(UNIT) Optional GPS Location:GPS Unit must use the following settings: Format must be UTM, Units Owner's Well Designation:TT-Mw-o3 must be meters,Datum must be NAD83,Unit must be set to true N, O Zone 12 or O Zone 13 Easting. 520265.0 STREET ADDRESS AT WELL LOCATION: Northing: 4476923.57 4. GROUND SURFACE ELEVATION 4688.3 feet DRILLING METHOD Hollow Stem Auger DATE COMPLETED 12-15-2008 TOTAL DEPTH 18.5 feet DEPTH COMPLETED 17.0 feet 6. GEOLOGIC LOG: 6. HOLE DIAM sin.) From(ft) To(ft) Depth Type Grain Size Color Water Loc. 6" 0 17.0' 0-6.0 Clayey Sand Clay,Sand Brn to Dark BM 2 17.0' 18.5' 6.0-14.0 Well Graded Sand Sand,Gravel Tan 6.49 14.0-18.5 Sandy Claystone Gray 7. PLAIN CASING: OD(in) Kind Wall Size(in) From(ft) To(ft) 2 Sch 40 0.154 3'AGS 7.0' PERFORATED CASING: Screen Slot Size(in): .020 2 Sch 40 0.154 7.0' 17.0' 8. FILTER PACK: 9. PACKER PLACEMENT: Material "*""'°"°""0 Type No Packer Size Interval 18.5'-7'tr-2.5) Depth 10. GROUTING RECORD Material Amount Density Interval Placement Remarks: Concrete Bentonite 2 Bags 0'-3' Pour 11. DISINFECTION: Type None I Amt.Used 12. WELL TEST DATA: ❑Check box if Test Data is submitted on Form Number GWS 39 Supplemental Well Test. TESTING METHOD Water Level Indicator Static Level 2-92 ft. Date/Time measured: 12-16-2008 16:00 , Production Rate gpm. Pumping Level ft. Date/Time measured , Test Length(hrs) Remarks: 13. I have read the statements made herein and know the contents thereof,and they are true to my knowledge. This document is signed and certified in accordance with Rule 17.4 of the Water Well Construction Rules.2 CCR 402-2. (The filing of a document that contains false statements is a violation of section 37-91-108(1)(e),C.R.S.,and is punishable by fines up to$5000 and/or revocation of the contracting license.] Company Name:Tetra Tech, Inc. Phone: License Number. (303 )772 -5282 PG-3665 Mailing Address:19OO S.Sunset Street, Suite 1-F, Longmont,CO 80501 Signature:// Print Name and Title Date Jeremy Deuto,PG 1-6-2008 DEC-09-2008 TUE 04:50 P11 FAX NO. 3037727039 P. 08 RECEIVED NOTICE OF INTENT TO CONSTRUCT MONITORING HOLE(S) Please type or print legibly in blade or blue ink DEC 1 U 2008 IAi Colorado Division of Water Resources 1313 Sherman St-Room 821 Denver CO 80203 ST RE MME COO cao Phone 303-866-3581 Fax 303.866-3589 AUTHORIZED INDIVIDUAL OR DRILLER Location:Ii(YA,SE 14.,Section M. Contact Jeremy Deuto,P.O. Township 1§ LN/S.Range g§y_'E/W,PM Company Tetra Tech County Weld Address 1900 South.Sunset Street, Suite 1F Subdivision City,State,Zip Lonomont,CO 80501 Lot .Bik. Flg. Phone 303-772-5282 Fax No.303-772-7039 Site/Property Address 5011 F Street Driller Lic.No.(If applicable) Greeley.CO 80631 Well Owner(Client)Information Hole(s)to be constructed: Number 3 Name Lafaroa North America Estimated depth M.5 Ft. Aquifer Address 10170 Church Ranch Way.Suite 200 Purpose of Monitoring Hole(s)Groundwater Westminster.CO 80021 rnonitorinn Approximate Date of Construction 12-15-2008 (Mier be at least 3 days prior to oonnucuon) Well Owners Phones 303-657-4000 Landowner's Name: Tim Iverson Jeremy Paulo Authorized Signature ACKNOWLEDGEMENT FROM STATE ENGINEER'S OFFICE MH- 048268 FOR OFFICE USE ONLY ✓� PROCESSED BY Dlv. I WD .3 BAs MD DATE ACKNOWLEDGED /? —/O €2 ES CONDmONS OF MONITORING HOLE ACKNOWLEDGEMENT A COPY OF THE WRITTEN NOTICE OR ACKNOWLEDGEMENT SHALL BE AVAILABLE AT THE DRIWNG SITE. Notice was provided to the State Engineer at least 3 days prior to construction of monitoring&observation hole(s). Construction of the hole(s)must be completed with 90 days of the date notice was given to the State Engineer. Testing and/or pumping shall not exceed a total of 200 hours unless prior written approval Is obtained from the State Engineer. Water diverted during testing shall not be used for beneficial purposes. The owner of the hole(s)is responsible for obtaining permit(s)and complying with all rules and regulations pertaining to the discharge of fluids produced during testing. All work must comply with the Water Well Construction Rules,2 CCR 402.2. Minimum construction standards mute be met or a variance obtained. Standard permit application and work report forms are found on the DWR website at httodtwww.water.stste.co.us. Wall Construction and Test Reports(GWS.31)must be completed for each hole drilled. The licensed contractor or authorized individual must submit the completed forms to this office within 60 days of drilling. Unless a wall permit is obtained,the holes)must be plugged and sealed within one(1)year after construction. An Abandonment Report(form GWS-9)must be submitted for each hole plugged with 60 days of plugging&sealing. The monitoring hole acknowledgement number,owners structure name,and hole owner's name end address must be provided on all wee permit application(s),well construction and abandonment reports. The owner of the hole(s)should maintain records of water quality testing and submit this data to the State Engineer upon request A monitoring hole cannot be converted to a production water well,except for purposes of remedlatlon(recovery)or as permanel nt Dewateri g system,if constructed In accordance with the Water Well Construction Rules and pales of the State Engineer. THIS ACKNOWLEDGEMENT OF NOTICE DOES NOT INDICATE THAT WELL PERMIT(S)CAN BE APPROVED. IF HOLES WILL NOT BE CONSTRUCTED UNDER THIS NOTICE WITHIN 90 DAYS,PLEASE WRITE,'NO HOLES CONSTRUCTED' ON A COPY OF THE ACKN0 LEDGED N• C WITH THE FILE NUMBER AND FAX THE COPY TO THE DIVISION OF WATER RESOURCES. tJO AttioeAter , ca-eV r RECEIVED ® TETRA TECH JAN 2 0 2009 r'2AI En rI SOURC.E$ STATEOENGINEER January 16,2009 Colorado Division of Water Resources Department of Natural Resources 1313 Sherman Street,Room 818 Denver,CO 80203 Attn:Well Records RE: Monitoring/Observation Water Well Permit Applications To Whom it May Concern: Attached please find nine Monitoring/Observation Water Well Permit applications and a check for$900.00 to cover the application fee. We are submitting these applications on behalf of Lafarge. If you have any questions regarding the applications,please contact Jeremy Deuto,PG at 303-772-5282. When the permits are issued,the permits should be sent to Lafarge;however,I would appreciate it if you could please email me a copy of the permits for our records. My email address is pam.horaatetratech.com. Thank you for your consideration. Sincerely, TETRA TECH Cieprol— Pamela Franch Hora,AICP Planning Project Manager Attachments cc: Anne Johnson, Lafarge PM 33-2351148005\Co nnumulan\CmvpandersU naswt pane epp co,u taint 1900 S.Sunset Street.Suite I-F Longmont.CO 80501 Tel 303.772.5282 Fax 303.772.7039 www.tetratech.com Form No. OFFICE OF THE STATE ENGINEER GWS-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St.,Denver,Colorado 80203 (303)866-3581 EXST WELL PERMIT NUMBER 279717 - APPLICANT DIV. 1 WD6 DES. BASIN MD APPROVED WELL LOCATION WELD COUNTY SE 1/4 SE 1/4 Section 34 LAFARGE NORTH AMERICA Township 6 N Range 66 W Sixth P.M. C/O TETRA TECH INC DISTANCES FROM SECTION LINES 1900 SOUTH SUNSET STREET 1311 Ft. from South Section Line LONGMONT, CO 80501- 1273 Ft. from East Section Line (303) 772-5282 UTM COORDINATES(Meters,Zone:13,NAD83) PERMIT TO USE AN EXISTING WELL Easting: 520436 Northing: 4476730 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(I)for uses as described in CRS 37-92-602(1)(f). Use of this well is limited to monitoring water levels and/or water quality sampling. 4) Approved for the use of an existing well acknowledged for construction under monitoring hole notice MH-48267,and known as TT-MW-04. 5) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and locked at all times except during sampling or measuring. 6) Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of Water Resources upon request. 7) Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. 8) The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. 9) This well must have been constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Well Construction Rules. 10) This well must be located not more than 200 feet from the location specified on this permit. 11) Issuance of this permit does not guarantee that this well can be converted to a production well under a future permit. The ability of this well to be converted to a production well is limited by all governing statutes, rules, regulations,orders,and/or decrees. NOTICE:This permit has been approved subject to the following changes:The distances from section fines were calculated from UTM coordinate values provided with the permit application. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty(60)days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106,C.R.S.) NOTE:This well was not constructed in the 1/4, 1/4 designated under MH-48267. H. Oi/28/O1 APPROVED t / BDH (4 Q� ' State Engineer Receipt No.3636578D DATE ISSUED 01-28-2009 EXPIRATION DATE COLORADO DIVISION OF WATER RESOURCES Office Use Only Form GWS-46(12/2007) DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST.,RM 818,DENVER CO 80203 I� phone-info:(303)866-3587 main:(303)866-3581 '4!-CE Fax:(303)866-3589 http://www.waterstate.co.us MONITORING/OBSERVATION JAN 2 0 2009 Water Well Permit Application Review instructions on reverse side prior to completing form. 'Oki EiE tSGUBDIS The form must be completed in black or blue ink or typed. COLO 1.Well Owner Information 6.Use Of Well — -- - - Name of well owner Use of this well Is limited to monitoring water levels Lafarge North America and/or water quality sampling Mailing address .._......... 7.Well Data(proposed) 10170 Church Ranch Road Tolaldepth Aflutter City -state I Zip code 18.5 feet Alluvial Westminster 1 CO 80021 8.Consultant information(if applicable) Telephone C ---- E-Mail(Optional) Name of contact person (3031657-4000 Jeremy Deuto,PG Type Of Application ---------------------- 2.T yp pp cation(check applicable boxes) mpanyn E Use existing well (—Replacement for existing monitoring well: Tetra Tech,Inc --- ---„ _.._ 1 Construct new well Mailing address Permit no.: —' "— Other: 1900 South Sunset Street 3.Refer To(if applicable) Oty Stale LP Code Monitonng tale acknowledgment Wei name oft!_...------ --..__—._ Longmont -- — --- -- CO 80501 MH-048267 ,TT-MW-04 Telephone r 4.Location Of Proposed Well _ _ (303) 772-5282 County —j— 9.Proposed Well Driller License#(optional): Weld 'NE 114 of the SE 1/4 10.Signature Of Well Owner,Consultant Or Authorized Sedan I Township N or S Range E or W I Principal Weldon Agent — -- The making of false statements herein constitutes perjury in the stond 34 i 6N 66W 16th degree,which is punishable as a class 1 misdemeanor pursuant to C.R.S. ----- — -- -- 24-4-104(13)(a). I have read the statements herein,know the contents Dstance of sell tram section lines(section lines are typically not property tines) ther of and state that they are true to m knowled Ft.from N I S Ft.from E W S' h (Must be signs I Date For replacement wells only-distance and direction from old well to new well --_. _ ._. ._—.._..-^.______�._—I1'/3`Cl feet direction 'name a title •Well tootion adorers prelude City.$tale.Ze E Check if well address is same aslteen 1. irjh r'1/ / hr M 4 jt --- ____..._ Office Use Only Ur r t l v - `�Jf�� Optional: GPS well location information in UTM format _ _ You must check GPS unit forUSCS ma --------_. ...--..._...-i DWR map no. 'i Surface elev. required settings as follows: P Format must be urM ----_-- ! _____--._. Zone 12 or/Zone 13 --_._-_------Receipt area only Fasting 520435.7 3 4 r.1 51 E Units must be Meters Datum must be NADC3 I S.r S f 1 t S Northing 4476729.8 � 0 7 tE Unit must be set to true noun J ( Was GPS unit Merkel for above? YES , Remember to set Datum to NADa3 eOAs. 1::) 5.Property Owner Information i _I Trans Number:3636578 Nam —e of property owner !n /c-f /t-t 1/20/2009 10:09:15 AM James Martin(19) City of Greeley,John Monson it'tC t ca.. Total Trans Amt:$900.00 Mailing address —.._ CHECK __. on i I4 - 1000 10th Street Check Number: 1233090 _ _ 11/04-ice_ , ___--.._ct*ckAEI-flaunt__.8909r0o._._._ ...._._.._. City Stale Zip Code Greeley CO 80631 Telephone S DIV I WO W BA•� MO (970) 350-9820 • FORM NO. WELL CONSTRUCTION AND TEST REPORT For Office Use Only GWS-31 STATE OF COLORADO,OFFICE OF THE STATE ENGINEER 04/2005 1313 Sherman St.,Room 818,Denver,CO 80203 Phone—Info(303)866-3587 Main(303)866-3581 Fax(303)866-3589 http://www.waterstate.co.us ECEIVEID 1. WELL PERMIT NUMBER:MH-048267 2. WELL OWNER INFORMATION Lafarge North America JAN 2 0 2009 NAME OF WELL OWNER: MAILING ADDRESS:10170 Church Ranch Way,Suite 200 WATER RESOURCES STATE ENGINEER CITY:Westminster STATE: CO ZIP CODE:80021 COLO TELEPHONE NUMBER: (303 )657 -4000 3. WELL LOCATION AS DRILLED: NE 114, SE 1/4, Sec. 34, Twp. 6 M❑Nor❑S, Range 66 ❑E or M❑W DISTANCES FROM SEC. LINES: ft.from ❑Nor❑S section line and ft.from ❑E or❑W section line. SUBDIVISION: , LOT , BLOCK_, FILING(UNIT) Owners Well Designation:T7-MW-04 Optional GPS Location:GPS Unit must use the following settings: Format must be UTM,Units Easting: 520435.7 ❑Zone 12 or®Zone 13 must be meters,Datum must be NAD83, Unit must be set to true N, STREET ADDRESS AT WELL LOCATION: Northing: 4476729.8 4. GROUND SURFACE ELEVATION 4666.1 feet DRILLING METHOD Hollow Stem Auger DATE COMPLETED 12-15-2008 TOTAL DEPTH 18.5 feet DEPTH COMPLETED 17.0 feet 5. GEOLOGIC LOG: 6. HOLE DIAM(in.) From(ft) To(ft) Depth Type Grain Size Color Water Loc. 8. 0 17.0' 0-6.0 Sandy Clay Clay,Sand ern to Dark Bm 2.92 2 17.0' 18.5' 6.0-14.0 Well Graded Sand Sand,Gravel Tan 14.0-18.5 Sandy Claystone Gray 7. PLAIN CASING: OD(in) Kind Wall Size(in) From(ft) To(ft) 2 Sch 40 0.154 T AGS 7.0' PERFORATED CASING: Screen Slot Size(in): -020 2 Sch 40 0.154 7.0' 17.0' 8. FILTER PACK: 9. PACKER PLACEMENT: Material ".'CI""' Type No Packer Size Interval 6'-18.5'(4'-(j Depth 10. GROUTING RECORD Material Amount Density Interval Placement Remarks: Concrete 0'-1' Pour Bentonite 4 Bags 1'-5' Pour 11. DISINFECTION: Type None I Amt. Used 12. WELL TEST DATA: ❑Check box if Test Data is submitted on Form Number GWS 39 Supplemental Well Test. TESTING METHOD Water Level Indicator Static Level 2.92 ft. Date/Time measured: 12-15-2008 16:00 , Production Rate gpm. Pumping Level ft. Date/Time measured , Test Length(hrs) . Remarks: 13. I have read the statements made herein and know the contents thereof,and they are true to my knowledge. This document is signed and certified in accordance with Rule 17.4 of the Water Well Construction Rules,2 CCR 402-2. (The filing of a document that contains false statements is a violation of section 37-91-108(1)(e),C.R.S.,and is punishable by fines up to$5000 and/or revocation of the contracting license] Company Name:Tetra Tech, Inc. Phone: License Number. (303 )772 -5282 PG-3665 Mailing Address:1900 S. Sunset Street, Suite 1-F, Longmont, CO 80501 Signature: / / /s/ Print Name and Title Date Az Jeremy Deuto, PG 1-6-2008 DEC-09-2008 TUE 04:49 PM FAX NO, 3037727039 RECE1VEU NOTICE OF INTENT TO CONSTRUCT MONITORING HOLE(S) oEG 1 0 ?DOB Please type or print legibly In black or blue Ink „n,uahzawnn q gt(Nrm Colorado Division of Water Resources 1313 Sherman St-Room 821 Denver CO 80203 no Phone 303-866-3581 Fax 303.8663589 _AUTHORIZED INDIVIDUAL OR DRILLER Location:NE'A,lik2A,Section 24, Contact Jeremy Deuto-P.G. Township¢fjN/S, Range 68W E/W, PM___ Company Tetra Tech County Weld Address 1900 South.Sunset Street Suite 1F Subdivision City,State,Zip Lonamont CO 80501 Lot .Bik. .Flg. Phone 303-772-5282 Fax No.303.772-7039 Driller Lie.No.(K applicable) Site/Property Address N/A Well Owner(Client)Information Hole(s)to be constructed: Number., ,3 Name Lafarge North America Estimated depth Ft. Aquifer Address 10170 Church Ranch Way.Suite 200 Purpose of Monitoring Hole(s)Groundwater Westminster.CO 80021 monitoring Approximate Date of Construction I2-16-2008 (Moat be at least 3 days prior to con5Mxdan) Well Owner's Phones 303.667-4000 Landowner's Name: City Of Greeley Jeremy Deuto Authorized Signature ACKNOWLEDGEMENT FROM STATE ENGINEER'S OFFICE 648267 FOR OFFICE USE ONLY MN- PROCESSED BY �"e-"/ DIV.� WO BAS MD DATE ACKNOWLEDGED A"2 -"0-" S CONDITIONS OF MONITORING HOLE ACKNOWLEDGEMENT A COPY OF THE WRITTEN NOTICE OR ACKNOWLEDGEMENT SHALL BE AVAILABLE AT THE DRILUNG SITE Notice was provided to the State Engineer at Nast 3 days prior to construction of monitoring&observation hole(s). Construction of the hole(s)must be completed with 0o days of the date notice was given to the State Engineer. Testing and/or pumping shall not exceed a total of 200 hours bless prior written approval is obtained from the Slate Engineer. Water diverted during testing shall not be used for beneficial purposes. The owner of the hole(s)Is responsible for obtaining permit(s)end comply g with all rules and regulations pertaining to the discharge of fluids produced during testing. All work must comply with the Water Wall Construction Rules,2 CCR 402-2. Minimum construction standards must be met or a variance obtained. Standard permit application and work report forms are found on the DWR website at http-llwww.water.state.co.uar Well Construction and Test Reports(GWS-31)must be completed for each hole drilled. The licensed contractor or authorized Individual must submit the completed forms to this oMae within 60 days of drilling. Unless a well permit Is obtained,the hole(s)must be plugged and sealed within one(1)year after construction. An Abandonment Report(form GWS-8)must be submitted for each hole plugged with 60 days of plugging&sealing. The monitoring hole acknowledgement number,owner's structure name,and hole owner's name and address must be provided on at well permit applkation(s),well construction and abandonment reports. The owner of the hole(s)should maintain records d water quality testing and submit this data to the State Engineer upon request A monitoring hole cannot be converted to a production water well,except for purposes of remediatlon(recovery)or as a permanent Deweteting system.If constructed in accordance with the Water Well Construction Rules and policies of the State Engineer. THIS ACKNOWLEDGEMENT OF NOTICE DOES NOT INDICATE THAT WELL PERMIT(S)CAN BE APPROVED. IF HOLES WILL NOT BE CONSTRUCTED UNDER THIS NOTICE WITHIN 90 DAYS,PLEASE WRITE,'NO HOLES CONSTRUCTED' ON A COPY OF THE ACKNOWLEDGED TICE Wmt THE FILE MA DER AND FAX THE COPY TO THE DIVISION OF WATER RESOURCES. ¶4h flit tea' • RECEIVED lbTETRA TECH JAN 2 0 2009 of HI rn rtKSOURCES STATE E LGINEER Colo January 16,2009 Colorado Division of Water Resources Department of Natural Resources 1313 Sherman Street,Room 818 Denver,CO 80203 Attu: Well Records RE: Monitoring/Observation Water Well Permit Applications To Whom it May Concern: Attached please find nine Monitoring/Observation Water Well Permit applications and a check for$900.00 to cover the application fee. We are submitting these applications on behalf of Lafarge. If you have any questions regarding the applications,please contact Jeremy Deuto,PG at 303-772-5282. When the permits are issued,the permits should be sent to Lafarge;however,I would appreciate it if you could please email me a copy of the permits for our records. My email address is pam.horai2a,tetratech.com. Thank you for your consideration. Sincerely, TETRA TECH Pamela Franch Hors,AICP Planning Project Manager Attachments cc: Anne Johnson,Lafarge P 33-2331 leCamuniolion0ConnpondaccLLaiwabep panS app corer lens Ax 1900 S.Sunset Street.Suite I-f Longmont,CO 80501 Tel303.7725282 Fax 303.772.7039 www.tetratech.com Form No. OFFICE OF THE STATE ENGINEER GWS-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St.,Denver,Colorado 80203 (303)866-3581 EXST WELL PERMIT NUMBER 279718 - APPLICANT DIV. 1 WD6 DES. BASIN MD APPROVED WELL LOCATION WELD COUNTY SE 1/4 SE 1/4 Section 34 LAFARGE NORTH AMERICA Township 6 N Range 66 W Sixth P.M. C/O TETRA TECH INC DISTANCES FROM SECTION LINES 1900 SOUTH SUNSET STREET 1311 Ft. from South Section Line LONGMONT, CO 80501- 509 Ft. from East Section Line (303)772-5282 UTM COORDINATES(Meters,Zone:13,NAD83) PERMIT TO USE AN EXISTING WELL Easting: 520669 Northing: 4476730 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) .Approved pursuant to CRS 37-92-602(3)(b)(I)for uses as described in CRS 37-92-602(1)(f). Use of this well is limited to monitoring water levels and/or water quality sampling. 4) Approved for the use of an existing well acknowledged for construction under monitoring hole notice MH-48267,and known as TT-MW-05. 5) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and locked at all times except during sampling or measuring. 6) Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of Water Resources upon request. 7) Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. 8) The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. 9) This well must have been constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Well Construction Rules. 10) This well must be located not more than 200 feet from the location specified on this permit. 11) Issuance of this permit does not guarantee that this well can be converted to a production well under a future permit. The ability of this well to be converted to a production well is limited by all governing statutes, rules,regulations,orders,and/or decrees. NOTICE:This permit has been approved subject to the following changes:The distances from section lines were calculated from UTM coordinate values provided with the permit application. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty(60)days of the date of issuance, pursuant to the State Administrative Procedures Act.(See Section 24-4-104 through 106,C.R.S.) NOTE:This well was not constructed in the 1/4, 1/4 designated under MH-48267. S, 1 M. of/28/O1 APPROVED BDH State Engineer By Receipt No.3636578E DATE ISSUED 01-28-2009 EXPIRATION DATE • . . COLORADO DIVISION OF WATER RESOURCES Office Use Only Form GWS-46(12/2007) DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST.,RM 818,DENVER CO 80203 •-iE CEIVED phone—info:(303)866-3587 main:(303)866-3581 Fax:(303)866-3589 http://www.water.state.co.us !�� 2 O Z�U099 MONITORING/OBSERVATION Water Well Permit Application :uii<1,,rz SOURCES 3TATE ENGINEER Review instructions on reverse side prior to completing form. COLO The form must be completed in black or blue ink or typed. 1.Well Owner Information 6.Use Of Well — —_.rA well Name of ll owner --------.'_-------—---- .. . . Use of this well is limited to monitoring water levels Lafarge North America and/or water quality sampling Maiing address ------- 7.Well Data(proposed) 10170 Church Ranch Road Total depth --- Aquifer City - State Zycode - 20.5 feet Alluvial Westminster CO 180021 8.Consultant Information (if applicable) -------- _------- -T Teleptto ee>r EJAas(Optional) Name of contact person (303)657-4000 Jeremy Deuto, PG 2.Type Of Application(check applicable boxes) Company name ]Use existing well r Replacement for existing monitoring well: Tetra Tech,Inc 7 Construct new well Permit _ Mailing address Other: 1900 South Sunset Street 3.Refer To(if applicable) city Stale Zip Code ._lubnilonng/role ackrrowledgmem�.___._.—_ Wel name ap_. Longmont N-_..____�___ CO 80501 _ _ MH-048267 I TT-MW-05 Telephone>r —— --..— 4.Location Of Proposed Well (303) 772-5282 County I ____— -- 9.Proposed Well Driller License#(optional): Weld NE VAofthe SE 1/4 10.Signature Of Well Owner,Consultant Or Authorized Section --..._ Towns ap N or S Ran -.._ E or ill' � ge A ant — The making of false statements herein constitutes perjury in the second 34 6N r 166W 6th degree,which is punishable as a class 1 misdemeanor pursuant to C.R.S. -------- — l ----- - —'I— � 24-4-104(13)(a). I have read the statements herein,know the contents Distance of well frc n section lines(section lines are typically not property knee) _th f arid stale t they are true ton knowledge.___— Ft.from N I S Ft from E W 9n n (Mist be nal ue) I Dale ofFor rw repla-arnt well only-distance and drection from old well to new weft �~ ± (/.J• /✓/7f o feet direction Print named ule Well location address(Include Gty,State,Zip) I CnOck if wN adrtrass is same aettem 1. f hr x, 0 tls ► r Miff — --------___.._._—_.------.--_-.—.---.___..—_._._-------_.-._ Office Use Only Optional: GPS well location information in UTM format You must check GPS unit for required settings as follows: USGS map name DWR map no + Surface elev. Format must be UTM — . . i Zone 12 or,Zone 13 S Receipt area only Fasting 520668.7 S Et E Units must be Meters Datum must be NAM ! I 1 e.I I IS Northing 4476729.9 S (� Unit m must be set to true north Was GPS unit checked for above? YES i Remember to set Datum to NAD33 ' r • r 5.Property Owner Information A/ S �n Trans Number:3636578 E =Name of property owner — I/ — IL 1/20/200910:09:15 AM I i James Martin(19) City of Greeley,John Monson ;vial' eat Total Trans Amt:$900.00 Mooing address in u CHECK On. /4 Check Number: 1233090 1000 10th Street rVO+l I_ ___,,Check Amount_ $900.00__,_.___.___.._.._ City State Zip Code _ Greeley CO 80631 , Telephone$ -- DIV I WDU BA MD (970) 350-9820. FORM NO. WELL CONSTRUCTION AND TEST REPORT For Office Use Only GWS-31 STATE OF COLORADO,OFFICE OF THE STATE ENGINEER 0412005 1313 Sherman St.,Room 818,Denver,CO 80203 Phone—Info(303)866-3587 Main(303)866-3581 Fax(303)866-3589 http://www.waterstateceus RECEIVED 1. WELL PERMIT NUMBER:MH-048267 2. WELL OWNER INFORMATION NAME OF WELL OWNER: Lafarge North America JAN 2 0 2009 MAILING ADDRESS:10170 Church Ranch Way,Suite 200 'wA 8K RESOURCES CITY:Westminster STATE: CO ZIP CODE:80021 STATE ENGINEER TELEPHONE NUMBER:(303 )657 -4000 3. WELL LOCATION AS DRILLED: NE .1/q SE 1/4, Sec. 34 , Twp. 6 ❑M N or❑5, Range 66 ❑E or El W DISTANCES FROM SEC. LINES: ft.from ❑N or❑S section line and ft.from ❑E or❑W section line. SUBDIVISION: , LOT , BLOCK , FILING(UNIT) Optional GPS Location:GPS Unit must use the following settings: Format must be UTM,Units Owner's Well Designation:TT-MW-O5 must be meters,Datum must be NAD83, Unit must be set to true N, ❑Zone 12 or❑Zone 13 Easting. 520668.7 STREET ADDRESS AT WELL LOCATION: Northing: 4476729.891 4. GROUND SURFACE ELEVATION 4667.7 feet DRILLING METHOD Hollow Stem Auger DATE COMPLETED 12-16-2008 TOTAL DEPTH 20.5 feet DEPTH COMPLETED 19.0 feet 5. GEOLOGIC LOG: 6. HOLE DIAM(in.) From(ft) To(ft) Depth Type Grain Size Color Water Loc. 8" 0 19.0' 0-6.5 Sandy Clay Clay,Sand em to Dark Bm 2 19.0' 20.5' 6.5-12.0 Silty Clay Silt, Clay Black 7.40 12.0-18.0 Well Graded Sand Sand,Gravel Tan 7. PLAIN CASING: 18.0-20.5 Sandy Claystone Gray OD(in) Kind Wall Size(in) From(ft) To(ft) 2 Sch40 0.154 3'AGS 12.0' PERFORATED CASING: Screen Slot Size(in): •m?0 2 Sch40 0.154 12.0' 19.0' 8. FILTER PACK: 9. PACKER PLACEMENT: Material Nn.afl "1"1111 Type No Packer Size Interval 245'-13'(9'-13') Depth 10. GROUTING RECORD Material Amount Density Interval Placement Remarks: Concrete 0'-I' Pour Bentonite 3 Bags l'-9' Pour 11. DISINFECTION: Type None Amt. Used ! 12. WELL TEST DATA: O Check box if Test Data is submitted on Form Number GWS 39 Supplemental Well Test. TESTING METHOD Water Level Indicator Static Level 7.40 ft. Date/Time measured: 12-17-2008 16:00 , Production Rate gpm. Pumping Level ft. Date/Time measured , Test Length(hrs) Remarks: 13. I have read the statements made herein and know the contents thereof,and they are true to my knowledge. This document is signed and certified in accordance with Rule 17.4 of the Water Well Construction Rules,2 CCR 402-2. IThe filing of a document that contains false statements is a violation of section 37-91-108(1)(e),C.R.S.,and is punishable by fines up to$5000 and/or revocation of the contracting license.] Company Name:Tetra Tech, Inc. Phone: License Number: (303 )772 -5282 PG-3665 Mailing Address:1900 S.Sunset Street,Suite 1-F, Longmont,CO 80501 Signature* Print Name and Title Date 7 Jeremy Deuto, PG 1-6-2008 DEC-09-2008 TUE 04:49 PM FAX NO. 3037727038 RECEiVM NOTICE OF INTENT TO CONSTRUCT MONITORING HOLE(S) DEC 1 U ?m8 Please type or print legibly in bled(or blue Ink ItATERILSOMts ATtinS RFRF Colorado DMslon of Water Resources 1313 Sherman St-Room 821 Denver CO 80203 °° Phone 303-866-3681 Fax 303-886-3589 AUTHORIZED INDIVIDUAL OR DRILLER Location:NE V.., %a Section 24, Contact Jeremy Deuto.P.G. Township 6�1 N/S,Range 66W E l W, PM___ Company Tetra Tech County Weld Address 1900 South.Sunset Stree(, Suite 1F Subdivision City.State,Zip Longmont CO 80501 Lot .Blk. Fig. Phone 803-772-5282 Fax No.303-772-7039 Driller Lic.No.(if applicable) Site/Property Address N/A Well Owner(Client)Information Hole(s)to be constructed: Number . s3 Name Lafarge North America Estimated depth Ft. Aquifer Address 10170 Church Ranch Way. Suite 200 Purpose of Monitoring Hole(s)Groundwater Westminster,CO 80021 monfiorinne Approximate Date of Construction 12-16-2008 (Must be at least 9 days prior to construction) Well Ownerb Phones 303-667-4000 Landowner's Name: City Of Greeley Jeremy Deuto Authorized Signature ACKNOWLEDGEMENT FROM STATE ENGINEER'S OFFICE MFF G Q H 6 7 FOR OFFICE USE ONLY }an_nani PROCESSED BY Div. I_WD 3 SAS MD DATE ACKNOWLEDGED ic2 $ CONDITIONS OF MONITORING HOLE ACKNOWLEDGEMENT A COPY OF THE WRITTEN NOTICE OR ACKNOWLEDGEMENT SHALL RE AVAILABLE AT THE DRIWNG SITE. Notice was provided to the State Engineer at least 3 days prior to construction of monitoring&observation hoists). Construction of the hole(s)must be completed with 90 days of the date notice was gNen to the State Engineer. Testing and/or pumping shall not exceed a total of 200 hours unless prior written approval is obtained from the State Engineer. Water diverted during testing shall not be used for beneficial purposes. The owner of the hoes)is responsible for obtaining permit(s)end complying with all rules and regulations pertaining to the discharge of fluids produced during testing. All work must comply with the Water Well Construction Rules,2 CCR 402.2. Minimum construction standards must be met or a variance obtained. Standard permit application and work report tones are found on the DWR website at htto://vivnv.watetetate.co.u‘ Well Construction and Teel Reports(GINS-31)must be completed for each hole drilled. The licensed contractor or authorized individual must submit the completed forms to this omee within 60 days of drilling. Unless a well permit is obtained,the hole(s)must be plugged and sealed within one(1)year after construction. An Abandonment Report(form GWS-9)must be submitted for each hole plugged with 60 days of plugging&sealing. The monitoring hole ecluawiedgernent number,owners structure name,and hole owner's name and address must be provided on all well permit application(s),well construction and abandonment reports. The owner of the hole(s)should maintain records of water quality testing and submit this data to the State Engineer upon request A monitoring hole cannot be converted to a production water wet except for purposes of rernedietlon(recovery)ores a permanent Dewatering system,If constructed in accordance with the Water Well Construction Rules and policies of the State Engineer. THIS ACKNOWLEDGEMENT OF NOTICE DOES NOT INDICATE NAT WELL PERMIT(S)CAN BE APPROVED. IF HOLES WILL NOT BE CONSTRUCTED UNDER THIS NOTICE WITHIN 90 DAYS,PLEASE WRITE,'NO HOLES CONSTRUCTED' ON A COPY OF THE ACKNOWLEDGED L TICENQ WITH THE FILE NUMBER AND FAX THE COPY TO THE DIVISION OF WATER RESOURCES. ¶hio,i t !' tom( RECEIVED 0 TETRA TECH JAN 2 0 2009 .VAI :,zqSOu S STATEOE NINE R January 16,2009 Colorado Division of Water Resources Department of Natural Resources 1313 Sherman Street,Room 818 Denver,CO 80203 Attn: Well Records RE: Monitoring/Observation Water Well Permit Applications To Whom it May Concern: Attached please find nine Monitoring/Observation Water Well Permit applications and a check for$900.00 to cover the application fee. We are submitting these applications on behalf of Lafarge. If you have any questions regarding the applications,please contact Jeremy Deuto,PG at 303-772-5282. When the permits are issued,the permits should be sent to Lafarge;however,I would appreciate it if you could please email me a copy of the permits for our records. My email address is pam.hora@tetratech.com. Thank you for your consideration. Sincerely, TETRA TECH Pamela Franch flora,AICP Planning Project Manager Attachments cc: Anne Johnson,Lafarge HI33-2351IABOOTCamunica imiKo iv...4a, l peon yp mw Ictla.doc 1900 5.Sunset Street,Suite I-F Longmont,CO 80501 Tel 303.772.5282 Fax 303.772.7039 www.tetratech.com Form No. OFFICE OF THE STATE ENGINEER GWS-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St.,Denver,Colorado 80203 - (303)866-3581 EXST WELL PERMIT NUMBER 279719 - - APPLICANT DIV. 1 WD6 DES. BASIN MD APPROVED WELL LOCATION WELD COUNTY NE 1/4 SE 1/4 Section 34 LAFARGE NORTH AMERICA Township 6 N Range 66 W Sixth P.M. C/O TETRA TECH INC DISTANCES FROM SECTION LINES 1900 SOUTH SUNSET STREET 1324 Ft. from South Section Line • LONGMONT, CO 80501- 10 Ft. from East Section Line (303)772-5282 UTM COORDINATES(Meters,Zone:13,NAD83) PERMIT TO USE AN EXISTING WELL Easting: 520821 Northing: 4476734 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(I)for uses as described in CRS 37-92-602(1)(f). Use of this well is limited to monitoring water levels and/or water quality sampling. 4) Approved for the use of an existing well acknowledged for construction under monitoring hole notice MH-48267,and known as TT-MW-06. 5) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and locked at all times except during sampling or measuring. 6) Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of Water Resources upon request. 7) Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. 8) The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. 9) This well must have been constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Well Construction Rules. 10) This well must be located not more than 200 feet from the location specified on this permit. 11) Issuance of this permit does not guarantee that this well can be converted to a production well under a future permit. The ability of this well to be converted to a production well is limited by all governing statutes,rules, regulations, orders, and/or decrees. NOTICE:This permit has been approved subject to the following changes:The distances from section lines were calculated from UTM coordinate values provided with the permit application. You are hereby notified that you have the right to appeal the issuance of this permit,by filing a written request with this office within sixty(60)days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106, C.R.S.) SD.N. 01/28/09 APPROVED r� 6/ �/ /�An' p BDHbe —mac State Eng r Receipt No.3636578F DATE ISSUED 01-28-2009 EXPIRATION DATE A C . . COLORADO DIVISION OF WATER RESOURCES Office Use Only Form GWS-46(12/2007) DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST.,RM 818,DENVER CO 80203 RECEIVED j phone-info:(303)866-3587 main:(303)866-3581 Fax:(303)866-3589 http://www.water.state.co.us MONITORING/OBSERVATION JAN 2 0 2009 Water Well Permit Application ,vricF+ri e,SOURCES Review Instructions on reverse side prior to completing form. STATE ENGINEER GINEER The form must be completed In black or blue Ink or typed. 7-OLC 1.Well Owner Information 6.Use Of Well Named well We tef ---"'----- - Use of this well is limited to monitoring water levels Lafarge North America and/or water quality sampling 7.Well Data(proposed) 10170 Church Ranch Road -Totaldepm - ------- Agirter City -- — -- Stale Zip code 20.0 feet Alluvial Westminster CO 180021 8.Consultant Information(if applicable) _-_.___. Telephone# — E-Mail(Optional) Nam de contact person..--------- -------------- (303)657-4000 Jeremy Deuto,PG 2.Type Of Application(check applicable boxes) Companynam� --- — — -- ---- — T— —_—._ Use existing well I—Replacement for existing monitoring wet: Tetra Tech,Inc 1 Construct new well Permit no.: mooing address Other: 1900 South Sunset Street 3.Refer To(if applicable) c.�--______.._..______— Slate vpcode Monitoring hde xhroNAedgnent Wei name or• '--"__.----..........—.—.-- Longmont CO 80501 MH-048267 TT-MW-06 Telephone - - - — ---- - 4.Location Of Pro_posed Well (303) 772-5282 County __ ---- 9.Proposed Well Driller License#(optional): Weld NE 1/4ofthe sE 1/4 10.Signature Of Well Owner,Consultant Or Authorized Sedbn Township N or S ' Range —E or W I Pnndpal Meridian Agent --r i The making of false statements herein constitutes perjury In the second 34 6N 66W I 6th degree,which is punishable as a class 1 misdemeanor pursuant to C.R.S. — -- 24-4-104(13)(a). I have read the statements herein,know the contents Distanced wall from section roes(section linos are typically not property lines) _ the -.f_and state that they are true to m knowled e. y �_ Ft from N S Ft from E W i he• (Must be .. lure) f Date For replamnenl wells ally-distance and direction from did well to new well---- / 1.4-v.,_ I /� /3' feet direction Pnnl name S tine Wei location address(Include City,Sate,Zip) l+ Dneck M well address is same asnem 1- k-.'r'r K 'Z/ / ----------------. �__._---.----..—___ .____._ Office Use Only (/ Optional: GPS wet location information in UTM format You must check GPS unit for required settings as follows: "USGS map name , DWR map nor. Surface eev. Format must be VIM -- _—i I Zone 12 or Z Zone 13 L I S Receipt area only l:asttng 520821.0 s>a f Units must be Meters Datum must be NAM l r it Northing 4476734.1 Unit must be set to true north Was GPS unit cheated for above? YES i Remember to set Datum to NADS3 5.Property Owner Information Trans Number:3636578F Name d property owner —_" ------•— 1/20/2009 10:09:15 AM James Martin(19) City of Greeley,John Monson Total Trans Amt:$900.00 ---— -- CHECK wring adaeae Check Number: 1233090 1000 10th Street . .Check Amou_rtt._$900..0Q..-. City State -- — rip Code Greeley CO 80631 ___________ -- --- rr (970) 350-9820 Diliwo V BA MD FORM NO. WELL CONSTRUCTION AND TEST REPORT For Office Use Only GWS-31 STATE OF COLORADO,OFFICE OF THE STATE ENGINEER 04/2005 1313 Sherman St.,Room 818,Denver,CO 80203 Phone—Info(303)866-3587 Main(303)866-3581 Fax(303)866-3589 http://www.water.state.co.us 1. WELL PERMIT NUMBER:MH-048267 2. WELL OWNER INFORMATION NAME OF WELL OWNER: Lafarge North America JAN 2 0 2009 MAILING ADDRESS:10170 Church Ranch Way,Suite 200 !VK Ei F "SOURCES CITY:Westminster STATE: CO ZIP CODE:80021 STATE ENGINEER COLO TELEPHONE NUMBER: (303 )657 -4000 3. WELL LOCATION AS DRILLED: NE 1/q SE 1/4, Sec. 34 , Twp. 6 ❑ti N or❑S, Range 66 O E or❑M W DISTANCES FROM SEC. LINES: ft.from ❑N or❑S section line and ft.from ❑E or❑W section line. SUBDIVISION: , LOT , BLOCK , FILING(UNIT) Owner's Well Designation:TT-MW-06 Optional GPS Location:GPS Unit must use the following settings: Format must be UTM, Units Easting: 520821.0 must be meters,Datum must be NAD83,Unit must be set to true N, ❑Zone 12 or❑Zone 13 STREET ADDRESS AT WELL LOCATION: Northing: 4476734.1 4. GROUND SURFACE ELEVATION 4687.1 feet DRILLING METHOD Hollow Stem Auger DATE COMPLETED 12-16-2008 TOTAL DEPTH 20.0 feet DEPTH COMPLETED 19.0 feet 5. GEOLOGIC LOG: 6. HOLE DIAM(in.) From(ft) To(ft) Depth Type Grain Size Color Water Loc. as 0 19.0' 0-2.3 Sandy Clay Clay,Sand ern to Dark Brn 2 19.0' 20.0' 2.3-6.5 Silty Sand Silt,Sand Tan 7.40 6.5-18.0 Well Graded Sand Sand,Gravel Tan 7. PLAIN CASING: 18.0-20.0 Sandy Claystone Gray OD(in) Kind Wall Size(in) From(ft) To(ft) 2 Sch40 0.154 3'AGS 9.0' PERFORATED CASING: Screen Slot Size(in): .020 2 Sch 40 0.154 9.0' 19.0' 8. FILTER PACK: 9. PACKER PLACEMENT: Material """"""1°'°""° Type No Packer Size Interval 20.0•-9(9'-6') Depth 10. GROUTING RECORD Material Amount Density Interval Placement Remarks: Concrete 0'-1' Pour Bentoinite 3 Bags 1'-5' Pour 11. DISINFECTION: Type None Amt.Used 12. WELL TEST DATA: ❑Check box if Test Data is submitted on Form Number GWS 39 Supplemental Well Test. TESTING METHOD Water Level Indicator Static Level 6.84 ft. Date/Time measured: 12-17-2008 13:30 , Production Rate 9pm. Pumping Level ft. Date/Time measured , Test Length(hrs) Remarks: 13. I have read the statements made herein and know the contents thereof,and they are true to my knowledge. This document is signed and certified in accordance with Rule 17.4 of the Water Well Construction Rules,2 CCR 402-2. (The filing of a document that contains false statements is a violation of section 37-91-108(1)(e),C.R.S.,and is punishable by fines up to$5000 and/or revocation of the contracting license.] Company Name:Tetra Tech, Inc. Phone: License Number: (303 )772 -5282 PG-3665 Mailing Addres .1900 S. Sunset Street,Suite 1-F, Longmont,CO 80501 Signature: //�u/ Print Name and Title Date Jeremy Deuto, PG 1-6-2008 DEC-09-2008 TUE 04:49 PH FAX NO. 3037727039 RECEIVE NOTICE OF INTENT TO CONSTRUCT MONITORING HOLE(S) (1EC ) 0 2e Please type or print legibly in black or blue ink 010110011Atli UMW Colorado Division of Water Resources 1313 Sherman St-Room 821 Denver CO 8O2O3 `° Phone 303.866-3581 Fax 303.868-3589 —AUTHORIZED INDIVIDUAL OR DRILLER Location: JLE.'/.,orgy.._,Section,a Contact Jeremy Deuto.P,G, Township 6L1 N/S, Range 66 (E/W, PM Company Tetra Tech County Weld Address 1900 South.Sunset Street, Suite 1F Subdivision City,State,Zip Longmont CO 80501 Lot .Blk. .Fig. Phone 303-772-5282 Fax No.303-772-7039 Driller Lie.No.(K applicable) Site/Properly Address N/A Well Owner(Client)Information Hole(s)to be constructed: Number.. .3 Name Lafarge North America Estimated depth Ft. Aquifer Address 10170 Church Ranch Way.Suite 200 Purpose of Monitoring Hole(s)groundwater Westminster,CO 80021 monitoring Approximate Date of Construction 12-16-2008 (Must be at least 3 days prior to construction) Well Owners Phones 303-667-4000 Landowner's Name: City Of Greeley Jeremy Deuto Authorized Signature ACKNOWLEDGEMENT FROM STATE ENGINEER'S OFFICE 048267 FOR OFFICE USE ONLY MN- PROCESSED BY Dry.-A_WO 3BASMD DATE ACKNOWLEDGED /a -70 O3 CONDITIONS OF MONITORING HOLE ACKNOWLEDGEMENT A COPY OF THE WRITTEN NOTICE OR ACKNOWLEDGEMENT SHALL BE AVAILABLE AT THE DRILUNG SITE. Notice was provided to the State Engineer at least 3 days prior to construction of monitoring&observation hoists). Construction of the hole(s)must be completed with Uo days of the date notice was given to the State Engineer. Testing and/or pumping shall not exceed a total of 200 hours unless prior written approval is obtained from the State Engineer. Water diverted during testing at not be used for beneficial purposes. The owner of the hole(s)is responsible for obtaining permil(s)end complying with all rules and regulations pertaining to the discharge of fluids produced during testing. All work must comply with the Water Well Construction Rules,2 CCR 402-2. Minimum construction standards must be met or a variance obtained. Standard permit application and work report forms are found on the DWR website at hularl/www.weter.stats.co.usw Well Construction and Test Reports(GWS-31)must be completed for each hole drilled. The licensed contractor or authorized individual must submit the completed forms to this office within 60 days of drilling. Unless a well permit Is obtained,the hole(s)must be plugged and sealed within one(1)year after construction. An Abandonment Report(form GWS-9)must be submitted for each hole plugged with 60 days of plugging&sealing. The monitoring hole acknowledgement number,owners structure name,and hole owners name and address must be provided on 86 well permit applicatIon(s),well construction and abandonment reports.The owner of the hole(s)should maintain records of water quality testing and submit this data to the State Engineer upon request A monitoring hole cannot be converted to a production water well.except for purposes of remedratlon(recovery)or as a permanent Dewetering system,if constructed in accordance with the Water Weil Construction Rules and policies of the State Engineer. THIS ACKNOWLEDGEMENT OF NOTICE DOES NOT INDICATE THAT WELL PERMIT(S)CAN BE APPROVED. IF HOLES WILL NOT BE CONSTRUCTED UNDER THIS NOTICE WITHIN 90 DAYS,PLEASE WRITE,1'NO HOLES CONSTRUCTED' ON A COPY OF THE ACKNOWLEDGED NQTICE WITH THE FILE N(J(BERAND FAX THE COPY TO THE DIVISION OF WATER RESOURCES. vl Age mei ` / RECEIVED TETRA TECH JAN 2 0 2009 rVAI r'r SOURCES STATE ErNGINEER COLO January 16,2009 Colorado Division of Water Resources Department of Natural Resources 1313 Sherman Street,Room 818 Denver,CO 80203 Attn: Well Records RE: Monitoring/Observation Water Well Permit Applications To Whom it May Concern: Attached please find nine Monitoring/Observation Water Well Permit applications and a check for$900.00 to cover the application fee. We are submitting these applications on behalf of Lafarge. If you have any questions regarding the applications,please contact Jeremy Deuto,PG at 303-772-5282. When the permits are issued,the permits should be sent to Lafarge;however,I would appreciate it if you could please email me a copy of the permits for our records. My email address is pam.horaQi tetratech.com. Thank you for your consideration. Sincerely, • TETRA TECH Pamela Franch Horn,AICP Planning Project Manager Attachments cc: Anne Johnson,Lafarge P\I33-23511-OBOUK ioliwu\Conepwdrnetctt \ pcnil Kip ww Ntcr.mc • 1900 S.Sunset Street.Suite I-F Longmont,CO 80501 Tel 303.772.5282 Fax 303.772.7039 www.tetratech.com Form No. OFFICE OF THE STATE ENGINEER GWS-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St.,Denver,Colorado 80203 (303)866-3581 EXST WELL PERMIT NUMBER 279720 APPLICANT DIV. 1 WD6 DES. BASIN MD APPROVED WELL LOCATION WELD COUNTY SE 1/4 NE 1/4 Section 34 LAFARGE NORTH AMERICA Township 6 N Range 66 W Sixth P.M. C/O TETRA TECH INC DISTANCES FROM SECTION LINES 1900 SOUTH SUNSET STREET 2190 Ft. from North Section Line LONGMONT, CO 80501- 17 Ft. from East Section Line (303)772-5282 UTM COORDINATES (Meters,Zone:13,NAD83) PERMIT TO USE AN EXISTING WELL Easting: 520823 Northing: 4477301 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(I)for uses as described in CRS 37-92-602(1)(1). Use of this well is limited to monitoring water levels and/or water quality sampling. 4) Approved for the use of an existing well acknowledged for construction under monitoring hole notice MH-48266,and known as TT-MW-07. 5) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and locked at all times except during sampling or measuring. 6) Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of Water Resources upon request. 7) Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. 8) The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. 9) This well must have been constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Well Construction Rules. 10) This well must be located not more than 200 feet from the location specified on this permit. 11) Issuance of this permit does not guarantee that this well can be converted to a production well under a future permit. The ability of this well to be converted to a production well is limited by all governing statutes,rules, regulations,orders, and/or decrees. NOTICE:This permit has been approved subject to the following changes:The distances from section lines were calculated from UTM coordinate values provided with the permit application. You are hereby notified that you have the right to appeal the issuance of this permit,by filing a written request with this office within sixty(60)days of the date of issuance, pursuant to the State Administrative Procedures Act.(See Section 24-4-104 through 106, C.R.S.) V.D.4l. O1/22/04 1 \ APPROVED BDH 614 ,C�I / 4 o State Engineer y Receipt No.3636578G DATE ISSUED 01-28-2009 EXPIRATION DATE /(H COLORADO DIVISION OF WATER RESOURCES Office Use Only Form GWS-46(1212007) DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST.,RM 818,DENVER CO 80203 phone-info:(303)866-3587 main:(303)866-3581 [4ECEIVED Fax:(303)866-3589 http://www.water.state.co.us _ MONITORING/OBSERVATION JAN 2 0 2009 Water Well Permit Application -IvAiErt It OURCES Review instructions on reverse side prior to completing form. STATE ENGINEER The form must be completed in black or blue Ink or typed. COLO 1.Well Owner Information 6.Use Of Well Name of well ownerUse of this well is limited to monitoring water levels Lafarge North America and/or water quality sampling Matting address 7.Well Data(proposed) 10170 Church Ranch Road Total depth Awifer City— -slate---1 Zip code 30.5 feet Alluvial 1 Westminster CO 80021 8.Consultant Information (if applicable) Telephone n E-Mail(OPtonal) Name of contact person -------- ---------- (303)657-4000 Jeremy Deuto, PG 2.Type Of Application(check applicable boxes) company name ]Use existing well r-Replacement for existing monitoring well: Tetra Tech, Inc —I Construct new well Mailing address Permit no.: Other: 1900 South Sunset Street 3.Refer To(if applicable) ON Stale Zip Code acknowledgment Monitoring hole acknpvM_Ngrlenl ewer tame or _-- Longmont CO 80501 _.T_ -.--------_..-._. .------- -- MH-048266 ITT-MW-07 Telephone 8 4.Location Of Proposed Well (303) 772-5282 County _ ___ 9.Proposed Well Driller License#(optional): Weld SE taothe NE im 10.Signature Of Well Owner,Consultant Or Authorized Section I Township N or S I Range E a W I Principal Meriden A ent —r I I— The making of false statements herein constitutes perjury in the second 34 16N 66W _- _ _16th degree,which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104(13)(a). I have read the statements herein,know the contents Distance dwell horn section lines(semen rods are typically eel properly lines) I eof and state that thejare true to my knowledge. Fl.from N I S Fl.fron E W .ign . -(Must l» . al tin) Date For replacement wets only-distance and direction from ad wet to new well '21h _- I.8.0c feet .._ direction Primnamekin&_.__ Well bmtion address(Include CRY.State.Zip) 7 ovoid wee address is same asltem 1. a--rri.n, ' b hi-19y% % / l - �i / /r/rs�/, / ----. ..----------------__---- - OrfftceUse Only r fJ'Y ��-�/� �jp,G(!/o�/y optional: GPS well location Information in UTM format You must check GPS unit for required settings as follows: USGs map name DNR map no. ! Surface etev. Format must be IRM .—I Zone 12 or i Zone 13 'Ai Receipt area only Imes must be Meters Fasting 520822.7 '�r )4 Dabnl must be NAD83 Northing 44]]300.5 I r Unit must be set to tee tat — Was GPS unit checked for above? YES i Remember to set Datum to NAD83 5.Property Owner Information Trans Number:3636578 G Name of property owner--- --" — 1/201200910:09:15 AM James Martin(19) City of Greeley,John Monson Total Trans Amt:$000.00 M3ntg address -- -- CHECK Check Number: 1233090 1000 10th Street CbechAmoutlt:__$9fl0 0Q_---_-..._.___..._.. City ----- State Zip Greeley CO 80631 T _._.. Telephone s (970) 350-9820 DIV I WD (V BA MD FORM NO. WELL CONSTRUCTION AND TEST REPORT For Office Use Only GWS-31 STATE OF COLORADO,OFFICE OF THE STATE ENGINEER 04/2005 1313 Sherman St.,Room 818,Denver,CO 80203 Phone—Info(303)866-3587 Main(303)866-3581 Fax(303)866-3589 http://www.water.state.co.us ECFIVE[ 1. WELL PERMIT NUMBER:MH-048266 2. WELL OWNER INFORMATION JAN 2 U 2009 NAME OF WELL OWNER: Lafarge North America MAILING ADDRESS:10170 Church Ranch Way,Suite 200 PVAI ti,RESOURCES STATE ENGINEER CITY:Westminster STATE: CO ZIP CODE:80021 COL TELEPHONE NUMBER:(303 )657 -4000 3. WELL LOCATION AS DRILLED: SE 1/4 NE 1/4, Sec. 34 , Twp. 6 ID N or 0 S, Range fi6 D E or❑■ W DISTANCES FROM SEC. LINES: ft.from ❑N or❑S section line and ft.from 0 E or❑W section line. SUBDIVISION: , LOT , BLOCK , FILING(UNIT) Optional GPS Location:GPS Unit must use the following settings: Format must be UTM,Units Owner s Well Designation:TT-MW-07 must be meters,Datum must be NAD83,Unit must be set to true N, ❑Zone 12 or❑f Zone 13 Easting. 520822.7 STREET ADDRESS AT WELL LOCATION: Northing: 4477300.5 4. GROUND SURFACE ELEVATION 4683.8 feet DRILLING METHOD Hollow Stem Auger DATE COMPLETED 12-15-2008 TOTAL DEPTH 30.5 feet DEPTH COMPLETED 30.0 feet 5. GEOLOGIC LOG: 6. HOLE DIAM(in.) From(ft) To(ft) Depth Type Grain Size Color Water Loc. 8- 0 30.0' 0-2.0 Sandy Clay Clay,Sand ern to Dark Brn 2 30.0' 30.5' 2.0-12.0 Silty Sand _Silt,Sand Tan 11.71 12.0-29.5 Well Graded Sand Sand,Gravel Tan 7. PLAIN CASING: 29.5-30.4 Sandy Claystone Gray OD(in) Kind Wall Size(in) From(ft) To(ft) 2 Sch 40 0.154 3'AGS 20.0' PERFORATED CASING: Screen Slot Size(in): .020 2 Sch 40 0.154 20.0' 30.0' 8. FILTER PACK: 9. PACKER PLACEMENT: Material Natural Cave Type No Packer Size Interval 12'-30.5' Depth 10. GROUTING RECORD Material Amount Density Interval Placement Remarks: Cement 0'-1' Pour Bentonite 10 Bags 1'-12' Pour 11. DISINFECTION: Type None I Amt.Used 12. WELL TEST DATA: 0 Check box if Test Data is submitted on Form Number GWS 39 Supplemental Well Test. TESTING METHOD Water Level Indicator Static Level 11.71 ft. Date/Time measured: 12-16-2008 14:45 , Production Rate gpm. Pumping Level ft. Date/Time measured , Test Length(hrs) . Remarks: 13. I have read the statements made herein and know the contents thereof,and they are true to my knowledge. This document is signed and certified in accordance with Rule 17.4 of the Water Well Construction Rules,2 CCR 402-2. ]The filing of a document that contains false statements is a violation of section 37-91-108(1)(e),C.R.S.,and is punishable by fines uy to$5000 and/or revocation of the contracting license.] Company Name:Tetra Tech, Inc. Phone: License Number: (303 )772 -5282 PG-3665 Mailing Address'1900 S. Suns Street,Suite 1-F, Longmont,CO 80501 Signature r Print Name and Title Jeremy Deuto, PG Date 1-6-2008 DEC-09-2008 TUE 04:48 PM FAX NO. 3037727039 RECEIVED NOTICE OF INTENT TO CONSTRUCT MONITORING HOLE(S) IEC 1 0 Please type or print legibly in black or blue Ink • ftlalmw f*6I*U trao Colorado Division of Water Resources 1313 Sherman St-Room 821 Denver CO 80203 Phone 303-8683681 Fax 303-888-3589 AUTHORIZED INDIVIDUAL OR DRILLER Location:a 14 N,�J Section 334 Contact Jeremy Deuto Township 6t /S, Range§¢nom E/W,PM_ Company Tetra Tech County Weld Address _ 1900 South.Sunset Street Suite 1F Subdivision City,State.Zip Longmont.CO 80601 Lot ,81k. .Flg. Phone 303-772-6282 Fax No.303-772-7039 Driller LIc.No.(if applicable) Site/Property Address N/A Well Owner(Client)Information Hole(s)to be constructed: Number 1 Name Lafaroe North America Estimated depth 35 Ft. Aquifer Address 10170 Church Ranch Way.Suite 20Q Purpose of Monitoring Hole(s)Groundwater Westminster.CO 80021 monitoring Approximate Date of Construction 12-17-2008 (Must be at least 3 days prior to construction) Well Owner's Phones 303-657-4000 Landowner's Name: City Of Greeley Jeremy Deuto Authorized Signature ACKNOWLEDGEMENT FROM STATE ENGINEER'S OFFICE 048266 FOR OFFICE USE ONLY MN- PROCESSED BY .../-2,r—cr•—) c-ca----- Dlv. WD 3 BAs MD DATE ACKNOWLEDGED /-2 -of CONDITIONS OF MONITORING HOLE ACKNOWLEDGEMENT A COPY OF THE WRITTEN NOTICE OR ACKNOWLEDGEMENT SHALL BE AVAILABLE AT THE DRILLING SITE. Notice was provided to the State Engineer at least 3 days prior to construction of monitoring&obeervatiorn hole(s). Construction of the hole(s)must be completed with%days of the date notice was given to the State Engineer. Testing and/or pumping shall not exceed a total of 200 hours unless prior written approval is obtained from the State Engineer. Water diverted during testing shall not be used for beneficial purposes. The owner of the hole(s)is responsible for obtaining permit(s)and complying with altruist and regulations pertaining to the discharge of fluids produced during testing. Ni work must comply with the Water Well Construction Rules,2 CCR 402-2. Minimum construction standards must be met or a variance obtained. Standard permit application and work report forma are found on the DWR website at htto:IMAvw.water.state.cO.us. Wall Construction and Test Reports(GINS-31)must be completed for each hole drilled. The licensed contractor or authorized Individual must submit the completed forms to this office within 60 days of drilling. Unless a well permit Is obtained,the hole(s)must be plugged and sealed within one(1)year after construction. An Abandonment Report(form OWS-9)must be submitted for each hole plugged with 00 days of plugging 8 sealing. The monitoring hole acknowledgement number,owner's structure name,end hole owner's name and address must be provided on all wet permit application(s),wet construction and abandonment reports. The owner of the hole(s)should maintain records of water quality testing end submit this data to the State Engineer upon request. A monitoring hole cannot be converted to production water well,except for purposes of remediation(recovery)or as a permanent Dewatedng system.If constructed in ac ordance with the Water Wet Construction Rules and policies of the State Engineer. THIS ACKNOWLEDGEMENT OF NOTICE DOES NOT INDICATE THAT WELL PERMITS)CAN BE APPROVED. IF HOLES WILL NOT BE CONSTRUCTED UNDER THIS NOTICE WITHIN 90 DAYS,PLEASE WRITE,'NO HOLES CONSTRUCTED' ON A COPY OF THE ACKNOWLEDGED NOTICE WITH THE FILE NUMBER AND FAX THE COPY TO THE DIVISION OF WATER RESOURCES. RECEIVED TETRA TECH JAN 2 0 2009 914 en rigqs�cwRCEs STATEEENGINEER January 16,2009 Colorado Division of Water Resources Department of Natural Resources 1313 Sherman Street,Room 818 Denver,CO 80203 Attn: Well Records RE: Monitoring/Observation Water Well Permit Applications To Whom it May Concern: Attached please find nine Monitoring/Observation Water Well Permit applications and a check for$900.00 to cover the application fee. We are submitting these applications on behalf of Lafarge. If you have any questions regarding the applications,please contact Jeremy Deuto,PG at 303-772-5282. When the permits are issued,the permits should be sent to Lafarge;however,I would appreciate it if you could please email me a copy of the permits for our records. My email address is pam.horaatetratech.com. Thank you for your consideration. Sincerely, TETRA TECH SA/ail-CA 4/ Pamela Franch Hon,AICP Planning Project Manager Attachments cc: Anne Johnson,Lafarge P:\15}23511-0BWS:mn mio\iam\Conepo denceUenm\wSl panty spp cover le[la tc 1900 S.Sunset Street.Suite I-F Longmont,CO 80501 Tel 303772.5282 Fax 303.772.7039 wwwtetratech.com Attachment 10: Exhibit L Cost Estimate o o O O o o o o o o co LSI Lf3 r 141 N. t N I- O CO r r O CO O O O O O n r-- LO r I.: W N N V M r (h 0 O) M O O D in n n to N M .0:Q CO N in co in N r 0 0 0 N N N a0 W Oi :l0 a r Li) OMIs- CO m Nn 00ao I— CO. CO OI O (O ao J 1— r (V � a) of Nn N Q u 9 � O Mt U I- O t, L 69 (9 (9 (9 (949 69 H! (9 (9h 69 69 69- 69 a 19 W rr rr 0r r0rr U - o o a o )- co' o) C) o) ,S' C) o) o in uloo E N N N N - N O1 4'l Lc, 0 0 M N O 0 .- O N LL LL O O m I- W ':'I' z m w m a K z a 1—- oo (no co 00000 z o o N LO N O LO O o 0 CO CD CA 0 CO O O O O : 7 � N N M 0 0 W N H a of cg w COcv V U a 69 di 69 69 69 69 69 69 to 49 x y N O -O 10 E E d i 0 0 0 al } al al CO co co ,�, 2 p o o o o of `o o n a m E m Q Q Q Q 'n Q ¢ a E E E U a w a o cp — U a d a co a O J N a 2 z N al W C o 0 J O co a x L ala N N W d O > 40 m o w u 0 o m a N (n N c t O co 2 o • ;e O O u S. to a ^ n d E cn al u u01i +_'r (0 E C 4 . 2 as co 3 Q « aw 5t �' O W a O U a c c a .p. m ad p a c aN d e o c m c a CO m ° E ]. \ p N • ifi .p 10 ' 0 0 ON E E m Et, X K o 11 W xi� a - _T. o_ 1006 O o0 < QQo % o a # D. 3 p 0 w N � N U V 4: N m is10 u' o n u) o c — ad d C m a m c C p co q U 'n .o 8 O N Q o _ o o m co lb o Cl- C A. C co t y m N N Ent E JJ O N p E T w �.. W :y y . Y al o n to : a c c Tli« a n W N — N N O.w al co O N O Ill -O J O O '' O d al ry ~ OOOLLLLH-ill — tSa UUOF- t= a a Exhibit 11 : Lease Agreement GRAVEL PROPERTY LEASE WITH RIGHT OF FIRST REFUSAL THIS INDENTURE,dated this 1Th day of ,2004 (hereinafter referred to as the"Lease"),by and between Mr.Timothy Iverson and Jeanne Iverson,whose address is 5011 F Street,Greeley,CO 80631 (hereinafter collectively referred to as"Lessor")and LAFARGE WEST, F INC.,a Delaware corporation(hereinafter referred to as the"Company"),with its address at 1400 West 64i°Avenue,Denver,Colorado 80221,Attention: Front Range Aggregates Land Manager. WITNESSETH In consideration of the sum oapaid by the Company to or on behalf of Lessor,the receipt and sufficiency of which is hereby acknowledged by Lessor,and on and subject to the terms and conditions provided in this J ease,Lessor hereby leases,lets and demises to the Company the Materials as defined herein,in,on and under the real properties situate in Weld County and described in Exhibit A attached hereto and made a part of this Lease(hereinafter referred to as the"Property"), and the exclusive right to sample,drill, and test for, develop,mine, quarry, extract,process, sell,use and remove them during the Term of this Lease,along with the right to locate and operate and /or sublease aggregate, asphalt and concrete plants and with associated easements as provided herein. 1. Definitions. A. Lease Year shall mean a period of one year beginning on the date which the Lease is executed by Lessor or on any annual anniversary thereof. B. Materials shall mean stone, sand and gravel and any overburden and valuable solid minerals,other than hydrocarbon minerals such as coal,oil,gas and associated liquid hydrocarbons, that are removed incident to sand and gravel operations hereunder and which are saleable and recoverable from the Property in the course of such operations. C. Plant shall mean a portable and/or fixed facility for processing, storing,washing, sorting,handling loading and shipping of Materials, along with ancillary facilities,and shall also mean a concrete or asphalt batch plant. cc .. �. 2. Term. The Term of this Lease shall be an initial period of ten(10)years commencing on the 1st day of 2004, and ending on the 30th day of ,2014("Term"). The Company may obtain a five(5)year extension of the Term after the end of initial Term by written notice to Lessor prior to the end of the initial Term. The period of any extension of the initial Term pursuant hereto shall likewise be considered to be within the Term of this J ease. I I l j I II 3. Sales Royalties. i; !I A. Subject to Paragraphs 3.B. and 4, for all Materials sold from the Property during each calendar month,the Company shalt pay to Lessor a royalty at the rate ofe per product ton of2.000 pounds(the"Base Royalty")within twenty(20)days after the close of such calendar month. B. The royalty rate shall be adjusted every year on the first day of the month following the anniversary of the date this Lease becomes effective(the"Adjustment Date"). The I basis for this adjustment shall be the Producer Price Index—Construction Sand/Gravel/Crushed !! Stone—Series ID No. WPU 1321,published by the United States Department of Labor,Bureau of II Labor Statistics (the"Index"). The adjusted royalty shall be determined by dividing the monthly j Index last published before such Adjustment Date by the monthly Index last published when this Lease becomes effective and then multiplying the quotient by the Base Royalty so as to increase or decrease the Production Royalty rate per ton beginning on the first Adjustment Date and each ! subsequent Adjustment Date thereafter based on such calculation.The foregoing ratio oi:'Indexes I shall be calculated on data with base year 1982= 100 until the Bureau of Labor Statistics Publishes P I data with a new base period.If the Index just described or one reasonably similar thereto is no longer I I published,then an index or adjustment accomplishing as nearly as practical the result width would I have been obtained by using the stated Index if it had been available shall be selected by agreement of the parties hereto. C. The Company shall keep and maintain adequate and accurate records of the I I quantities of Materials mined and sold. The royalty payments shall be accompanied by a monthly statement with the royalty calculation that includes an accounting of the tons of Materials mined 'I from the Property and sold or deemed sold pursuant to Paragraph 5.C. for the month. Lessor shall have the right at all reasonable times during business hours and upon reasonable prior notice to examine such records of the Company at the offices of the Company and to verify the quantities of I Materials removed, and sold and the accuracy of the scales used to weigh the Materials. 4. Advance Minimum Royalties.The Company shall paySannuallyto br for the benefit of the Lessor. The initial nayment shallbemade at the time this Lease commences. 'i All payments shall be deemed"Advance Minimum Royalty"and shall apply to maintain the Lease in 1 effect for the period commencing on the date this Lease becomes effective to the final Term of the I Lease. I The cumulative amount of Advance Minimum Royalty the Company is required to pay during the i term of this Lease shall in no event exceed the lesser of: a. sum or b. the equivalent of the production royalty (using the Base Royalty rate) one a of the mineable and permitted quantity of the Materials that the _9_ • Company determines are economically recoverable and salable from the Property (after processing and allowing for rejection of tailings),based upon calculations in accordance with recognized industry standards and practices. If the base Volume of 2,200,000 feed tons changes from the time this lease is executed to,the time production of materials begins due to permit restrictions, recalculations,third party interests or similar changes in the existing mine plan,then the maximum cumulative amount of advanced minimum royalty the Company is required to pay during the term of the Lease shall be adjusted using the above formula and new base feed ton volume. The Advance Minimum Royalty payment for a Lease Year shall be due on ors prior to commencement of that Lease Year. Amounts paid as Advance Minimum Royalty shall be credited as an advance payment of and applied to reduce Material tonnages otherwise subjept to the Production Royalty pursuant to Paragraph 3,based upon the tonnage associated with the royalty rate in effect at the time the Advance Minimum Royalty is paid. Sales Royalties paid pursuant to Paragraph 3,after taking into account Advance Minimum Royalties paid pursuant to this Paragraph, shall be applied in succeeding years to reduce amounts subsequently payable as Advance Minimum Royalty.Upon termination of this Lease for any reason,the obligation to make Advance Minimum Royalty payments shall likewise terminate except as to payments that became due prior to termination. There is no implied covenant or obligation of the Company to develop or mine the Property or to sell Materials. The Company may maintain this Lease in effect for the term of the Lease by making the annual Advance Minimum Royalty payments described in this Paragraph 4. 5. Weighing of Materials; Commingling. For purposes of calculation of Production Royalty,quantities of Materials removed from the Property on which Production Royalty is due will be measured as follows: A. Use of Scales. All Materials shall be weighed on a certified scale upon sale and removal from the Company's Plant site. If Materials on which Production Royalty is due are mixed with non-excavated materials(for example,in case of mixing sand and gravel with water and Portland cement in the concrete batch Plant), then for the purpose of calculating the Production Royalty, the weight of the Subject Minerals used in the mixture will be determined using the certified scales at the batch Plant that measure the weight of the materials that comprise the mixture and deducting the weight of the added non-excavated materials,if necessary. B. Scale Adjustments. Accuracy of the scale shall be checked and adjustments made at least as often as required to continue to be certified. Records of the accuracy check and adjustments shall be preserved and made available in the same manner as other records. C. Commingling. The Company may commingle Materials extracted from the Property with Materials extracted and removed from other properties.In order to fairly and properly allocate production between properties from which commingled Materials are extracted,the pit-run - 3- Materials extracted from each property shall be weighed prior to commingling on certified conveyor belts scales upon removal from the relevant property. Records will be kept as to the tonnages removed from each property,and the total production for each calendar month will be attributed to each property pro-rata,after adjustment of the total tonnage of pit run from all properties for washed fines-and tailings pursuant to Paragraph 5.D. below. Materials from one property added to a stockpile at any time during a calendar month shall be deemed added simultaneously and pro rata with Materials from any other Property. The quantity of material determined to be in the stockpile as of the commencement of any calendar month shall be deemed sold and removed, on a first-in first-out basis,prior to the sale of any Materials added to the stockpile during a subsequent calendar month The Company's measurement and determination shall be conclusive. D. Allowance for Tailings. Tonnage for purposes of calculation of Production Royalty shall be based on processed Materials sold. If Materials are not being commingled from separate properties, then the tonnage sold shall be calculated pursuant to Paragraph 5.A. above, If due to commingling,Materials are weighed as pit run before processing and sale by the Company pursuant to Paragraph 5.A.,above,the weight oftailings and washed fines shall be deducted from the total pit run weight of the Materials attributed to each property for purposes of calculating Sales Royalties. Both parties agree that as much as approximately twenty percent(20%)of the minable in situ (in place, in the ground) sand and gravel onsite may need to be rejected as washed fines or tailings or otherwise in order to meet commercial specifications for salable Material. 6. Water Augmentation and Dewatering. Lessor shall be responsible for any augmentation plan made necessary by the Company's surface exposure of groundwater,dewatering or mining operations on the Property. If the State Engineer determines that a temporary plan is necessary for the Company's operations on the Property,Lessor shall provide the water required for the Company to implement any such temporary substitute supply or augmentation plan. If Lessor fails to obtain the necessary plan of augmentation,or substitute source of supply,or otherwise fails to supply necessary water and water rights, the Company may do so and charge the cost thereof to Lessor. Such estimated cost shall be amortized by renegotiation of the annual Advance Minimum Royalty and the Production Royalty rate,applied to the estimated Material to be removed,over the life of the deposit on the Property. 7. Operations. A. The Company shall conduct its operations on the Property in a prudent and workmanlike manner and in accordance with good and accepted mining and business practices and in compliance with all applicable federal, state and local laws, rules and regulations and all applicable permits.The timing,nature,manner and extent of mining operations,processing and sales shall be within the sole discretion of the Company,and the Company shall not be required to mine, preserve or protect in its operations any Materials which, under good mining practices,cannot be mined or sold at a reasonable profit to the Company at the time they are encountered. B. The Company shall have the right to construct,maintain,and use roads,pipe lines,power lines,telephone lines,and stockpile areas and any right-of-way it deems necessary or 4 • desirable for its operations on the Property related to the Company's operations under this Lease.The Company shall have the right during the Term of this Lease and without payment to Lessor(except for Sales Royalties payable pursuant to Paragraph 3 and Advance Minimum Royalties payable pursuant to Section 4)to strip and remove overburden and otherwise to use and occupy the.Property as is reasonably required in connection with mining, quarrying, extracting, processing(including tailings-washed fines storage facilities),storage,transportation,sale and removal ofMatefials from the Property and from other properties on which the Company is conducting operations. The Company shall not stockpile overburden material,tailings,or waste material from other properties without prior written consent from the Lessor. C. The Company shall have the right to construct and maintain Plants on the • Property at a location selected by the Company,and Lessor agrees that the Company shall have full right of access for the construction,use and maintenance of the Plants and for stockpiling Materials processed or to be processed, whether from the Property or from other properties on which the Company is conducting operations. Any access easements and the location and aligmnent or realignment of any conveyor shall be agreed upon by the Lessor, which agreement shall not be unreasonably withheld. My access easement and conveyor easement shall be 50 feet in width in the original Property area. Any conveyor easement shall include but not be limited to the right to construct,operate,maintain,repair and remove a conveyor system and similar,related or incidental improvements for purposes of transporting Materials across the Property. The Company shall have the right to place washed fines in mined out areas at no additional cost to Company under this Lease. D. Notwithstanding the Company's rights to conduct operations on the Property hereunder,extraction and other operations will not occur immediately adjacent to(within 200 ft.)the existing residence on the Property without Lessor's express consent. The Company shall consult with Lessor with respect to all permit applications,plans and designs of the Company;provided, however, that all final decisions on mine plans, operations, reclamation, permits and other plans of operations shall be in the Company's sole discretion and control. The Company agrees to use best efforts to investigate and negotiate with the Lessor mutually beneficial reclamation plans and other operations utilizing the Company's equipment and expertise that will accommodate, facilitate and enhance Lessor's development of the Property and use thereof after completion of the Company's operations. The Company shall not be required agree to plans that increase its costs over those the Company is required by law to incur in connection with reclamation unless the Company and Lessor reach agreement as to reasonable compensation to the Company by Lessor as to extra work or improvements made for Lessor's benefit for the non-mining or post- mining use of the Property. For example, if the reclamation plan developed with the approval of Lessor includes permanent improvements,such as lining of the pits or construction of slurry walls, that provides benefits to Lessor in the form of creating marketable water storage capacity or the reduction or elimination of augmentation requirements that Lessor would otherwise have to satisfy with water tights Lessor is required to provide under Section 6,then Lessor agrees to compensate the Company for such improvements at rates customarily charged by the Company to third parties for such work at the time performed. The Company shall be entitled to recover such compensation from 5- • payments thereafter otherwise due Lessor from the Company, or if the compensation exceeds payments remaining due, then Lessor shall pay such compensation directly to the Company and the Company shall have a lien on the Property until paid in full. E. The Company hereby agrees to apply for zoning classifications,variances or exceptions, and governmental approvals, permits, licenses or rights related to and required for the Company's operations hereunder, at the Company's cost.The Lessor agrees to cooperate with the Company in obtaining such approvals and to execute or join in applications, plats and other documents which are required to obtain the same that are reasonably required in connection with the operations that are contemplated under this Lease;provided,however, the Company shall provide bonds or other financial assurance for its operations, including for the restoration,reclamation or rehabilitation of the Property,as maybe required or advisable to obtain such permits and approvals. F. The Company is aware that the Property is currently fanned and an oil and gas lease exists on the Property. In planning and conducting its operations on the Property,the Company will work with Lessor to minimize damage to crops and the oil and gas operations currently conducted on the Property.The Company shall pay Lessor and/or the current farm tenant the agreed upon fair market value of any crops growing on the Property which are destroyed or damaged by operations conducted by the Company on the Property under this Lease.The Company shall also be responsible for any damages its operations cause to any vested right of the existing oil and gas lessee on the Property. Rights of any future oil and gas lessees are subject to Paragraph 11.D. G. Lessor shall have the tight in the future to continue farming operations on the Property during the Term of this Lease,if and to the extent that those operations do not interfere in any manner with the Company's current or planned operations. Any renewal or extension of the existing farm lease,or any new farm lease shall be made expressly subject to the Company's rights hereunder,and the Company shall have no obligation to pay Lessor or any farm tenant for damage to crops. H. Lessee agrees that it will use reasonable efforts to mine the Property expeditiously and,in planning such operations,will take into account Lessor's desire to corriplete the mining operations on the Property within seven (7) years from the date of this Lease agreement. However, the parties acknowledge that mining operations are subject to market conditions and operational considerations that may affect the mining schedule. 8. Waiver of Lateral Support. Lessor hereby waives the lateral support for mining purposes for the portions of the Property abutting boundary lines between the Property and adjacent properties that are owned or leased by the Company. 9. Liabilities. A. Company shall defend and indemnify and hold harmless the Lessor and Lessor's agents and employees from and against any and all claims, demands, judgments and liability,including reasonable attorney fees and expert fees, by or to any and all third parties in any -6 • way related or connected to Company's use or operations of or on the Property while this Lease is in effect including,without limitation, claims,demands,judgments and liabilities that may arise as a result of.the negligent acts or omissions of Company or its agents, representatives; officers, employees, lessees and contractors in,on or about the Property. B. Lessor shall defend and indemnify and hold harmless the Compary and the Company's agents and employees from and against any and all claims, demands,judgments and liability,including reasonable attorneys fees and expert fees,by or to any and all third parties in any way related or connected to the use or operations of Lessor on the Property while this Lease is in effect,or the presence of Lessor or Lessor's farm tenants,agents,'employees,licensees or invitees on the Property. C. The Company shall defend, indemnify, and hold harmless Lessor from any and all liability resulting from its operations hereunder pursuant to all local, state and federal environmental laws, ordinances, rules and regulations, including but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9601 et seg.)and the Resource Conservation and Recovery Act(42 U.S.C.§ 6901 et seq.),as any of such laws, ordinances,rules and regulations have been or are amended from time to time. D. The foregoing indemnifications shall all survive the termination of this Lease. The indemnity provisions set forth in this Lease shall apply to amounts paid in settlement ofa claim by an indemnified party only if such settlement is approved by the indemnifying party, which approval shall not be unreasonably withheld. 10. Insurance. A. The Company shall maintain at it sole expense and at all times statutory Worker's Compensation Insurance coverage as required under the laws and regulations ofthe State of Colorado for all its officers and employees who perform work for the Company hereunder. B. The Company shall purchase, at its sole expense, and shall maintain at all times the following minimum insurance protection. i. Comprehensive General Liability in the amount of $1,000,000 combined single limit; ii. Employer's Liability Insurance in the amount of $100,000 each occurrence; iii. Automobile Liability Insurance in the amount of$1,000,000 combined single limit;and _7_ • iv. Adequate and reasonable insurance for other risks ordinarily insured against in similar operations. C. The Company agrees that it shall require all independent contractors, contractors and subcontractors who perform work in connection with the Property to have similar and adequate insurance in full force and effect. 11. Title. A. Lessor warrants that Lessor owns the surface estate and the Materials within the Property,and Lessor agrees to defend said title against all adverse claims. B. The Company has accepted Lessor's title as marketable, to the best of its knowledge,as of the date of this Lease. If subsequent thereto the Company determines that Lessor's title to the Property and Materials is not good and marketable,the Company shall so notify Lessor in writing,in which case Lessor,at Lessor's cost, shall correct the specified title defects. If any title defects which render the title unmarketable or adversely affect the Company' right to mine are not cured within sixty(60)days after receipt of such notice,the Company,at its option,may terminate this Lease without any further obligation to Lessor or, at its option,may resolve the adverse claim and deduct the costs incurred from payments otherwise due Lessor. The Company shall, as part of such termination,have the right at its option to have any and all prepaid royalties not offset by Sales Royalties refunded to the Company. C. Without regard to the warranties of title given to the Company by Lessor,if Lessor own less than one hundred percent(100%)of the Materials under all or any portion of the Property,then the amounts payable to Lessor hereunder as Advance Minimum Royalty payments and Sales Royalties shall be reduced in the proportion that the interest of the Lessor in the Materials bears to one hundred percent(100%)of the Materials within the Property. D. Lessor shall not enter into any new oil and gas leases or other new agreements regarding oil and gas operations of the Property during the Term of this Lease, except under conditions which prohibit surface entry or occupancy and interference in any manner with the Company's operations on the Property. With respect to new wellsites and other surface facilities under existing oil and gas leases, Lessor shall promptly notify the Company of any notices or requests by an oil and gas operator regarding surface use and hereby authorizes the Company to use reasonable efforts to obtain understandings with the oil and gas lessees or operators to minimize impact of such wellsites and other surfaee facilities on the Company's sand and gravel operations on • the Property. Lessor shall reasonably cooperate with requests by the Company for assistance in the Company's efforts to negotiate surface use agreements with the oil and gas operators relative to existing leases. 8 E. Lessor represents that the Property constitutes a legal lot under applicable law and that no subdivision approval is required for the Company's operations on the Property or for the granting of this Lease. l2. Right of First Refusal. If at any time during the Term of this Lease Lessor receives an offer to purchase all or any portion of the Property or any interest therein for a price and on conditions that Lessor is willing to accept,then Lessor shall give the Company notice of such offer and acopyof the offer,and the Company shall have thirty(30)days after receipt of such notice to elect to match the offer, and the Company and Lessor shall thereafter close the purchase and sale of the Property or relevant portion thereof in accordance with such offer or as they may otherwise agree. If the Company does not exercise its preemptive right hereunder,Lessor shall thereafter be free to close the purchase and sale of the Property,subject to this Lease, on terms no less favorable to Lessor than those submitted to the Company by Lessor,free and clear of the Company's preemptive right for a period of 90 days after the Company failed to exercise the right. If no such sale is closed within the 90-day period, this right of first refusal shall be revived in the Company. 13. Null and Void Agreements; Exception for Affiliate. Any entry by Lessor into an agreement affecting the Property in violation of Paragraphs 12 shall be null and void and of no force and effect. Transfer by Lessor of the Property or any interest therein to a corporation, limited liability company,partnership or other entity wherein the owner or owners thereof are Lessor and/or an immediate family member of Lessor shall not be a transfer subject to Paragraph 12,provided that the transferee agrees to be bound by this Agreement,including Paragraph 12. • 14. Taxes. During the term of this Lease, the Company shall pay when due all ad valorem property taxes assessed on the production, severance or extraction of Materials from the Property. In addition,the Company shall pay all personal and real property taxes assessed against machinery,tools,equipment,supplies,buildings,improvements,pipelines,stockpiles of Materials, and other property and/or fixtures placed by Company on the Property. Lessor shall pay all other real property taxes on the Property and on any improvements thereron, including without limitation, improvements that Lessor installs on the Property for Lessor's own purposes, and any taxes attributable to the production royalty or to Lessor's farming operations. 15. Labor and Materials.The Company agrees to keep the Property free and clear of liens, charges,claims or demands arising from the Company's operations hereunder and to promptly pay for all labor performed on the Property and for all supplies,materials,and equipment used or placed on the Property. The Company shall defend,indemnify and hold harmless Lessor from and against any and all claims,charges,demands,causes of action,damages and liability,including reasonable attorneys fees and expert fees, that arise from or are connected to the acts or omissions of the Company hereunder or to those of its contractors, subcontractors, employees, officers, agents or lessees in regard to providing labor and acquiring or installing materials,equipment and supplies for operations under this Lease. The Company may contest in good faith any lien; provided that the Company shall not allow title to the Property or any portion of it to be lost. • _9_ 16. Termination. A. Lessor shall have the right at Lessor' option to terminate this Lease if the Company fails to perform any of its obligations hereunder as follows: i. If the Company fails to pay when due any amounts to be paid hereunder. Lessor may at Lessor's option give the Company written notice of such failure and the Company shall have fifteen (15) days from the date it receives notice to pay the amounts owed to Lessor. If the Company fails to pay the past due amounts to Lessor within the fifteen(15)day period,Lessor may at Lessor's option declare the Company in default and terminate this Lease, ii. If the Company defaults in the performance of any obligation hereunder other than the obligation to pay money when due,Lessor may at Lessor's option give written notice of such default to the Company,and the Company shall have thirty(30) days from the date it receives such notice to cure the default. If the Company fails to cure the default within the thirty day period, Lessor may at Lessor's option terminate this Lease; provided,however;that if the default is minor and the default can be fully compensated for in damages,then such default shall not be a basis for cancellation or forfeiture of this Lease or any of Company's rights hereunder if the Company pays the full amount of damages within thirty(30)days after demand by Lessor. If,through no fault of the Company,such failure is impracticable to correct within the 30-day period,Lessor shall have no right to terminate this Lease if the Company commences in good faith to correct the failure and provided that the Company diligently pursues and completes the correction within a reasonable time. B. The Company shall have the right,at its option,to terminate this Lease at the end of any Lease Year during the Term by giving at least sixty(60) days prior written notice to Lessor. For early termination of the Lease without completion of mining by the Company of all economically recoverable Materials from Property, Lessor shall be entitled to receiver additional compensation in the form of two(2)non-refundable annual advanced minimum royalty payments for the two years required for the restoration of the property described in paragraph 19 after the date of termination, and any and all royalties due. C. Upon termination of this Lease for any reason,the Company shall continue to be liable for the performance of all obligations and the satisfaction of all liabilities to Lessor including, but not limited to, the payment of royalties which have accrued prior to the date of termination and the compliance with all laws, regulations, and permit conditions that apply to the Property and the operations on the Property including, but not limited to all reclamation, environmental and land use laws,regulations and permit conditions. The obligation to pay Advance Minimum Royalty that would otherwise accrue after the date of termination of the Lease shall end upon Lease termination, except as provided in Paragraph B, above. - 10- D. Upon termination of this Lease with respect to all or any part of the Property, the Company agrees to furnish Lessor with a document reasonably satisfactory to Lessor verifying such termination and release of Lease. • E. Upon termination of this Lease by the Company for any reason,all sums paid hereunder to Lessor shall remain the property of Lessor and shall not be recoupable or refundable except to the extent that they have already been recouped or refunded as of the effective date of termination,or except as expressly provided Paragraphs 11.B and C above. 17. End of Teun. The Company shall have the right for one year from the date of the expiration or termination of this Lease to dismantle and remove machinery, equipment, improvements,and other facilities installed or constructed on the Property by the Company and also to sell and remove Materials then stockpiled on the Property,subject to its obligation to pay Sales Royalties pursuant to Paragraph 3. 18. No Development Covenant. There is no implied covenant or obligation of the Company to explore,develop or mine the Property or to sell Materials. The Company may maintain this Agreement in effect for its term and any allowed extensions by making the payments 'set forth herein. 19. Restoration of Property. Within two (2) years after the expiration or earlier termination of this Lease,the Company will have restored the Property to the condition required by law and by the applicable pci mits and approvals required for the Company to conduct operations hereunder. Following the expiration or termination of this Lease for any reason, Lessor covenants that Lessor will not extract or allow others to extract Materials until Lessor or others effect the transfer of the Colorado Division of Minerals and Geology Permit to their names for reclamation or • rehabilitation of the Property and the release of any security or bond provided by the Company to secure its performance or discharge its responsibilities. Unless Lessor desires to continue operations to extract Materials (either by Lessor or through an operator, representative, or other lessee), the Company shall have the right to access and enter the Property and to effect on the Property such restoration,rehabilitation and reclamation as may be required to discharge the responsibilities which the Company has assumed pursuant to its permits and under Paragraph 7.E and to procure the release of any bond or other financial assurance provided by the Company. 20. Assignment. The provisions of this Lease shall extend to and be binding upon the heirs,personal representatives,successors,assigns and sublessees of Lessor and the Company. The Company shall have the right to subcontract with others for the performance of exploration, development and mining work hereunder,subject to all terms of this Lease,but no such subcontract shall relieve the Company of its obligations to Lessor hereunder. 21. Notice. Notices of default or of cancellation or termination of this Lease and all other notices required or permitted hereunder shall be given by personal delivery or by registered or certified mail,postage prepaid, addressed to the parties as follows: - l1 •- If to the Company: Lafarge West, Inc. • Land Department • 1400 West 64th Ave. • • Denver,Colorado 80221 If to Lessor: Jeanne and Timothy Iverson 5011 F Street Greeley,Colorado 80631 22. Condemnation. If the whole or any part of the Property shall be taken by any public authority under the power of eminent domain at any time during the term of this Lease,Lessor and the Company shall each be entitled to share in the award to the extent of their respective interests in the Property with respect to any taking. In the event only a portion of the Property is taken,and if notwithstanding such taking the Company will be able to continue to conduct its business in the remainder of the Property in substantially the manner it was being conducted immediately prior to such taking, this Lease shall cease only as to the part taken. If, however, by reason of the condemnation there is not sufficient leftinoru nthePro property Po perty for the Company to conduct its business in substantially the manner in which it was being conducted immediately prior to such taking,then and in such event this Lease shall terminate. All condemnation awards on account of the interest of the Lessor shall be paid to the Lessor and all awards on account of Company's leasehold interest shall be paid to Company. The allocation of any lump sum award for any taking between Lessor and Company shall be made by agreement between them,if possible,or if the parties cannot agree, then by arbitration pursuant to Rules of the American Arbitration Association, taking into account(i)the value of Lessor's interest in the property affected by such taking and under this Lease, and(ii)the value of Company's interest therein under the Lease. 23. Non-Business Day Deadlines.If a date for notice,performance or payment falls on a holiday or weekend,the time for performance or payment shall be extended to the next business day, and if notice,performance or payment has occurred on such weekend or holiday or after 5:00 p.m.on any business day,it shall be deemed to have occurred on the next business day. 24. Confidentiality;Recording. The parties agree that the terms and conditions of this Lease are confidential and shall not be disclosed to any third party without the consent of the other. Neither party shall record this Lease without the consent of the other. The parties agree to execute a short form lease for recording to provide record notice ofthis Lease without disclosing the economic terms hereof - 12- I- 25. Headings.The headings of the Sections of this Lease are for convenience of reference only and are not a part of the substantive provisions of this Lease. 26. Further Instruments. Each party hereto shall from time to time execute and deliver such further instruments as the other party or its counsel may reasonably request to effectuate the intent of this Lease. 27. Entire Agreement. This Lease contains the entire agreement between the parties hereto,and neither it nor any part of it may be changed,altered,modified,or limited orally or by any agreement between the parties unless such agreement be expressed in writing, signed, and acknowledged by the Lessor and the Company, or their respective heirs, personal representatives, successors and assigns. 28. Counterparts. This Lease may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same Lease. IN WITNESS WHEREOF, this Gravel Property Lease with Option to Purchase has been duly executed as of the date first above written. LESSOR: M TIMOTHY IVERSON MS.J,ANNNEE IVERRSSON eettr.,e-cy LESSEE(THE COMPANY): LAFARGE Wi(, , IN C.. By: UMW` %1 Sµ , Gain2 h 1At Q. (Title) - 13 - I STATE OF COLORADO ) COUNTY OF id ) Qt`s he foregoing instrument was acknowledged before me this /U day of 2004,by Jeanne Iverson and Timothy Iverson. tness my hand and official seal. Notary Public 77 My commission expires:i� 1T� /7 e2-0614, STATE OF COLORADO ) COUNTY OF arn; ) 1yy The foregoing instrument was acknowledged before me this I day of acitil 8 bc'Y 2004, by Ift ‘..,',"4-\'‘, who is the Q 1t\QvQ‘ D/ ' of Lafarge West, Inc. Witness my hand and official seal. Notary Public My commission expires: At,kI (I\i kTil - 14 - EXHIBIT A PROPERTY LEGAL DESCRIPTION • • • B-1 Ivena'Pev 2 I " v.4,eSo,.✓ S owac 1 5 7u-/c.4 -lc.s 7 z..O Loan No.: > the 2a 353 cc J. Date: JUNE 8, 2001 "a/e- P7 O S o y 3 i3 Property Address: 5011 F STREET, GREELEY, COLORADO 80631 EXHIBIT "A" LF.RAT. T1F.SrPTDTTnsT That portion of the Eapt Half of the Southwest Quarter and the West Half of the Southeast Quarter and the East Half of the Northwest Quarter and the Weet Half of the Northeast Quarter of Section 34, Township 6 North, Range 66 Nest of the 6th P.M., Weld County, Colorado, being more particularly described as follows; Considering the South line of the Southwest Quartet of said Section 34 as bearing North 89'24'31" West and with all bearings contained herein and relative thereto. Beginning at the South Quarter Corner of said.Section 34, thence along the South line of the Southwest Quarter of said Section 34, North, .89'24'31" West 1321.98 feet to the Southwest Corner of the Southeast Quarter of the Southwest Quarter of said Section 34, said point also being the Southwest Corner of that certain parcel of land described in deed recorded in Book 937 at Reception No. 1859175 records of said county, thence along the westerly and Northerly line of said book and reception number, North :zissIb ' 00'03'45' West 1023.00 feet, South 74'43'31• East 280.00 feet, South 85'41'31' East 175.00 feet, North 74'34'29" East 272.00 feet to the True Point of Beginning, thence continuing along the Northerly line of said Book 937, Reception No, 1859175, South 00'03'31" East 70.00 feet, thence North 74'34'29' East 116.00 feet, thence North 66'36'29" East 186.00 feet, thence North 49'03'29" East 71.30 feet to the Northeast corner of said parcel described in Book 937 at Reception No..1859175, thence North 39'32'29" East 94.50 feet, thence North 33'24'29' East 59.59 feet to a point that is 30.00 feet South of the centerline of an existing irrigation ditch, thence parallel ' with and 30.00 feet South of the approximate centerline of said ditch the following 5 courses and distances, North 58'00'00° East 103.00 feet, North 56'40'00' East 341.00 feet, North 76'09'00" East 116.00 feet, North 60'11'00' East 640.00 feet, North 78'58'00' East 358.46 feet to a point that is 40.00 feet West ofthe East line of the West Half of the Southeast Quarter of said Section 34, thence parallel with and 40.00 feet West of said line, south 00'00'44 West 327.57 feet to the South line of the Northwest Quarter of the southeast Quarter of said Section 34, thence along said line South- 89'36'32° East 40.00 feet to the East line of the West Half of the Southeast Quarter of said Section 34, thence along said line North 00'00'44° East 1359.19 feet to the Northeast corner of the Northwest Quarter of the Southeast Quarter of said $action 34, said point also being the approximate centerline of the cache La Poudre River, thence along the approximate centerline of said river the following 26 courses and distances, South 64'54'19° West 59.83 feet, South 67'42'00' West 352.00 feet, south 62'56'00' West 160.00 feet, North 77'05'00" West 197.00 feet, North 57.'56'00' West 150.00 feet, North 33 '23'00' West 269.00 feet, North 10'28'00• East 783.00 feet, North 23 '38'00° West 115.00 feet, North 55'58'0O+ West 220.00 feet, North 70'40'00' West 225.00 feet, North 77'11'00' West 421.00 feet, North 60'34'00° West 152,00 feet, South 86'28'00' West 300.00 feet, South 668'21'00• West 209.00 feet, South 48'39'00" West 283.00 feet, South 20'38'00° West 144.00 feet, South 47'36'00' East-355,00 feet, South 48'09'00' East 332.00 feet, South 24'53'00" East 253.00 feet, South 41'12'00" East 242.00 feet, South 18'14'00' East 250.00 feet, South 01'08'00' East 368.00 feet, South 12'25'00° West 185,00 feet, South Attachment 12: Iverson Structures Agreement AGREEMENT TO MINE WITHIN 200 FEET OF PERMANENT MANMADE STRUCTURES THIS AGREEMENT,entered into by and between Lafarge West,Inc.,hereinafter called"Lafarge",whose address is 11409 Business Park Circle, Suite 200,Longmont,CO 80504,and: Tim D. and Jeanne Iverson 5011 F Street, Greeley, CO 80631 Hereinafter referred to as the"Structure Owner". The Colorado Mined Land Reclamation Act requires that landowners adjacent to a proposed mining operation be informed about the mine and the reclamation. Further,the Act provides protection for structures that are within 200 feet of a mining operation. Lafarge will be submitting an application to the State of Colorado Division of Reclamation, Mining and Safety for a 112 Reclamation Permit and an application to Weld County for a Use by Special Review Permit for the Iverson Mine,a sand and gravel mining operation to located within Section 34,T6N,R66W of the 6th P.M., Weld County,Colorado. The Structure Owner owns a permanent manmade structure or structures within 200 feet of the land affected by the mining and reclamation operations. The description of the structure(s) is as follows: Residence, outbuildings and fences Lafarge must attempt to obtain permission from Structure Owner in order to conduct operations closer than 200 feet to the structures owned by the Structure Owner. In addition, Lafarge must commit to repairing,replacing, or compensating Structure Owner for any damage that might be caused to its structure(s)by the mining operation of Lafarge at this site. By this agreement,Structure Owner consents to Lafarge conducting mining operations less than 200 feet from Structure Owner's structure(s).. Lafarge commits that, if its operation causes damages to Structure Owner's structure(s)within 200 feet of said operations, Lafarge will repair or replace such structure or compensate Structure Owner for the value of said structure. Page 1 of 2 The parties hereto acknowledge and agree to the above-stated items. AGREED: Lafarge West, Inc. By: i " 1 �v Date: "t" To Ohiheiser Vice President Rocky Mountain Agg State of Colorado ) ) ss.. County of J-eQ-W SZ)r) A The foregoing instrument was acknowledged before me this ) 0774day of /�p(2-i 1 , 20 l t ,by Todd Ohlheiser,Vice President of Rocky Mountain Agg of Lafarge West,Inc- P ` \ s SI ��I/ My Commission Expires: I (-30-aot ( `,�`�n� • O �p7ARy - cA e(.7 C PUBUG ,QO Notary Public %•"%c:'-•-. �� /j1/111111111111`\\ cov 7v. . Date: Tim D. Iverson State of Colorado ) )ss. County of Ugh" ) The foregoing instrument was acknowledged before me this Z`'"1 day of , 20 (o ,by Tim D. Iverson. UBIN My Commission Expires: .�._ ($ 2.t'7 Z. GARY' P''' rte__ ✓..: # TIMOTHY `�"" •� GAOEKEN Notary Public �. .'o s 1 J1•. :QOi ..0� . P:L']Si 11137�7S11-1000?1Dclivn A a4loLDT.1S1Appii�itinn 1'atkaptU::luLii Sbelson ngrmi.Joei •... `h�OF C,O•�r Page 2 of 2 Attachment 13: Proof of Filing with the County Mt TETRA TECH April 29, 2011 Weld County Clerk to the Board of County Commissioners 915 10th Street Greeley, CO 80631 RE: Response to Adequacy Review Comments Iverson Mine, DRMS File No. M-2011-001 Dear Clerk: Attached please find a copy of the response to Adequacy Review Comments for the 112 Reclamation Permit Application for the Iverson Mine in Weld County, Colorado. As required by Section 1.6.2 (1)(c) of the Colorado MLRB Rules, a copy of these materials must be made available to the public through the County in which the project is located. Therefore, please file these documents with the copy of the Iverson Mine Application that we provided to you on January 3, 2011. As proof that you have received this document, please sign and time and date stamp below. Thank you for your assistance. Sincerely, TETRA TECH x, 22 Pamela Franch Flora, AICP Senior Planner Attachments This is to certify that the above referenced documents related to the Iverson Mine 112 Reclamation Permit application were received by the Weld County Clerk to the Board of County Commissioners to be kept on file for public viewing. Certification: The above eeimmentioned documents were received by: wc! .a91-!/71 S} Weld County Clerk to the Board of County Co =liners Time and Date Stamp Here: P 511AI33-2) I 1-08005VDel,erablesVDRMS\Record of hllnes mhb C own'co,er leper 1 1210 due Attachment 14: Xcel: Evidence of Attempt to Obtain Structure Agreement U.S. Postal Service CERTIFIED MAIL, RECEIPT ,- (Domestic Mail Only;No Insurance Coverage Provided) Ln rp For delivery information visit our website at www.usp,corn- it .. 1 .,.- rfU S E rr Iu Pos B ru Cortillod Fee ea %C Q p- Q tJ Palms* t 12 izi Return Ree&pt Fee �l 6 Hoe I.D. {Endorsemerrt Required) p . J V 1, i O Restricted Detvery Free (Endorsement Required) Total Postage&Fees ol rru ,ty15 r�C tom. '�' -j 'v Nre r Sent ro )C (J rN cp-., e r L_ -- --- a eeI Apt.nto.: 1 0 ® 's r` M.Stmest,ztws 6_Y-ee12:0- C O 'o( -r r.Auyusr2 r I, .. Ser�c ers^.for les i jc SENDER: COMPLETE THIS SECTION C•r✓f•LErE THIS SECTI•N•N►ELIVEr7Y ■ Complete items 1,2,and 3.Also complete A. Signattae item 4 if Restricted Delivery Is desired. • �j O Agent ■ Print your name and address on the reverse X ., r/ -¢v O Addressee sO that we can return the card to you. B. Rec b Name) C. Date of Delivery ill Attach this card to the back of the maiiplece, �� , or on the front if space permits. D. Is delivery address diffe t from Rem 17 O Yes 1. Article Addressed to: If YES,enter delivery address below: O No ft --3o D'-e C e c 15 o o Co 4-V. 11kki e•r\> ce� „/ rtifled Mail ❑Express Malt C— v C 0 (XO3 ❑Registeredetum Receipt for Merchandise ❑Insured Mall El C.O.D. 4. Restricted Deliver)?(>rttra Fee) ❑Yes 2. Article Number (TFensfer front service label) 7007 2560 0000 2299 9651 PS Form 3811,February 2004 Domestic Return Receipt — 10259S-02-M-154 [m} TETRA TECH November 30,2010 Ms.Joy Detterer• Xcel Energy 1500 6ih Avenue Greeley,CO 80631 RE: Request for Letter Regarding Iverson Mine Dear Joy: 1 am working with Lafarge West,Inc.to permit an aggregate mine on the Iverson property which is located in Section 34,T6N,R66W of the 61h P.M., Weld County,Colorado. We think that Xcel has some overhead electric lines that are within 200' of the portion of the property to be mined. Assuming the lines do belong to Xcel,as part of the permit process through the Colorado Division of Reclamation, Mining and Safety(DAMS),we are requesting a letter from you that indicates that the mining will have no negative impact on your electric lines. Attached is a letter that I have drafted for your use. If requested, I would be happy to email you an MS Word version of the letter so that you can modify it if needed and then print it on your letterhead. It is important to point out that it is a requirement of the DRMS for the letter to be notarized and printed on Xcel letterhead. In addition, I am attaching a copy of a Stability Analysis Report prepared by Tetra Tech regarding the Iverson Mine. It includes a map and indicates that the proposed mining will not pose a hazard to your electric lines. If you have any questions about the content of the report, I'd be happy to answer them for you or have you speak with the geologist in our office who was responsible for preparing the report. The letter that I drafted for you is addressed to Lafarge; however,I would ask that you mail the original letter to me. My contact information is as follows: Pam Flora Tetra Tech 1900 S. Sunset Street, Suite IF Longmont, CO 80501 303-772-5282 panLhora@tetratech.com If I don't hear back from you or receive a notarized letter from you by January 31,2011, 1 will just submit this letter along with a copy of the Stability Analysis Report to satisfy the DBMS requirement. Thank you for your consideration. Sincerely, TET TECH , � . �J� amela Franch Flora, AICP Senior Planner Attachments November 30,2010 Ms. Anne Best Johnson, AICP Lafarge West, Inc. 11409 Business Park Circle, Suite 200 Longmont, CO 80504 RE: Electric Lines within 200' of Iverson Mine in Weld County,Colorado Dear Anne: Xcel Energy is aware that Lafarge West, Inc. submitted an application to the State of Colorado Division of Reclamation,Mining and Safety for a 112 Reclamation Permit for sand and gravel mining located within Section 34,T6N, R66W of the 6th P.M.,Weld County, Colorado. Xcel Energy hereby acknowledges the fact that we have electric lines within 200' of the affected area of the Iverson Mine. Based on the results of the Stability Analysis dated October 27,2010 by Tetra Tech,we understand that the mining and reclamation activities,as proposed, will have no negative effect on our electric lines. Sincerely, XCEL ENERGY Joy Detterer State of Colorado ) ) ss. County of Weld The foregoing instrument was acknowledged before me this day of , 20 ,by Joy Detterer as Planner for Xcel Energy Northern Colorado Design Division. My Commission Expires: Notary Public P 13511''113-±551 I-10002 Dcliverable\DRMS\Applicmion Pedalo\Exhibit Wash Agreenems and LenersIXul Inlet doc Attachment 15: Weld County Structures Agreement RESOLUTION RE: APPROVE AGREEMENT TO MINE WITHIN 200 FEET OF PERMANENT MANMADE STRUCTURES 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,the Board has been presented with an Agreement to Mine within 200 Feet of Permanent Manmade Structures between the County of Weld, State of Colorado,by and through the Board of County Commissioners of Weld County,and Lafarge West, Inc.,for property described below, commencing upon full execution, with terms and conditions being as stated in said agreement, and Iverson Mine, a sand and gravel mining operation located within Section 34,Township 6 North, Range 66 West of the 6th P.M.,Weld County, Colorado WHEREAS,after review,the Board deems it advisable to approve said agreement,a copy of which is attached hereto and incorporated herein by reference. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the Agreement to Mine within 200 Feet of Permanent Manmade Structures 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. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is,authorized to sign said agreement. priU x l_4twi92 L . L , Lacc- , �c�rc.T<cia P� �010-2 02988 /&i9/-/Q � Het-it APPROVE AGREEMENT TO MINE WITHIN 200 FEET OF PERMANENT MANMADE STRUCTURES AND AUTHORIZE CHAIR TO SIGN - LAFARGE WEST, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded,adopted by the following vote on the 20th day of December,A.D., 2010. BOARD OF COUNTY COMMISSIONERS T ckD1OP Y, COLORADO ATTEST: • e gl s Radem the , Chair Weld County Clerk to the Boar c 1.\ j.bara Kirkmeye , Pro-Tem BYD Clerk er'�fA Board Dept Clerk tb the Board Sean P. Conway APP EED ORM: EXCUSED WIQn F. Garcia Coun Attorney €L , I David E. Long Date of signature: 113 I i 2010-2988 BC0041 AGREEMENT TO MINE WITHIN 200 FEET OF PERMANENT MANMADE STRUCTURES THIS AGREEMENT,entered into by and between Lafarge West,Inc., hereinafter called"Lafarge",whose address is 11409 Business Park Circle,Suite 200,Longmont,CO 80504,and: Weld County 915 10th Street,Greeley, CO 80632 Hereinafter referred to as the"Structure Owner". The Colorado Mined Land Reclamation Act requires that landowners adjacent to a proposed mining operation be informed about the mine and the reclamation. Further,the Act provides protection for structures that are within 200 feet of a mining operation. Lafarge will be submitting an application to the State of Colorado Division of Reclamation,Mining and Safety for a 112 Reclamation Permit and an application to Weld County for a Use by Special Review Permit for the Iverson Mine,a sand and gravel mining operation to located within Section 34,T6N, R66W of the 6th P.M.,Weld County, Colorado. The Structure Owner owns a permanent manmade structure or structures within 200 feet of the land affected by the mining and reclamation operations. The description of the structure(s) is as follows: Poudre River Trail and Fences Lafarge must attempt to obtain permission from Structure Owner in order to conduct operations closer than 200 feet to the structures owned by the Structure Owner. In addition, Lafarge must commit to repairing, replacing,or compensating Structure Owner for any damage that might be caused to its structure(s)by the mining operation of Lafarge at this site. By this agreement, Structure Owner consents to Lafarge conducting mining operations less than 200 feet from Structure Owner's structure(s). Lafarge commits that, if its operation causes damages to Structure Owner's structure(s)within 200 feet of said operations,Lafarge will repair or replace such structure or compensate Structure Owner for the value of said structure. Any replacement or compensation must provide for the restoration of said structure to its condition immediately prior to the damage taking place. 2010-2988 The parties hereto acknowledge and agree to the above-stated items. AGREED: ::: ri _ 1 arge , c Date: Todd Ohlheiser Vice President Rocky Mountain Agg State of Colorado ) ) ss. County of The foregoing instrument was acknowledged before me this (-077/ day of n U ra_r,( ,20 I I ,by Todd Ohlheiser,Vice President of Rocky Mountain Agg of Lafarge West, Inc. , 01111111111 bP My Commission Expires: 1/' _36' 0/ y ,>��P s. sappy:,, .... 62,x,, Sp ; , O1ARy `^ Li is a _ Ato I r ! _ YUBUG o Notary Public =r eP Weld County Om1�11 0 Date: OEC 2 0 2010 Douglas Rade acher, Chair State of Colorado ) )ss. County of Weld ) The foregoing instrument was acknowledged before me this 20th day of December 20 10 by Douglas Rademacher as Chair, Board of County Commissioners for eld County. My Commission Expires: tp 1 ablq ‘pAV P%B�•t tt . t TONYA L 1 ; ' DISNEY Notary Ptt%lie tt 3' rho. P^Itm1;)-391.1%0Y-D ivv blefORMS,Appnalim YElageW,hlHnswettl y S MY COMM.EXP. 10-07.2014 acid-a9,fsP Page 2 of 2 Attachment 16: TowerCo: Evidence of Attempt to Obtain Structure Agreement U.S. Postal Service,. CERTIFIED MAIL,. RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) rD F•r•:llv ry inl.rttfat.n vL;it our wc.s't at www.usa.c.m a^ 0 rn�e R e p g SE ruPostage $ ,,50 ,01 ru certified Fee 0 1O • % C:;," 0 Return Receipt Fee r� V �� CI (Endorsement Required) _,3 0 Restricted Delivery Fee (Endorsement Required) '7O 'N 'a Total Postage&Fees $ r .(o ru �r[hNP C A f` t7 '34ieet.ilpt No.; M1 o.F+v Box No 50 0 va Q,5-}c�r�e Bt ice: coy,stare,ZIP" D.')S PS unnn 7800.5utom.t 200s 5cc Rc^c.a'for N+cL:rr-•w. SENDER:COMPLETE THIS SECTION COMPLETE rlIS SECTION ON DELIVERY ■ Complete Items 1,2,and 3.Also complete A. 4 f. _ item 4 If Restricted Delivery Is desired. / Agent • Print your name and address on the reverse All Addressee so that we can return the card to you. Ned by(Printed Name) C. Date of ell • Attach this card to the back of the mailplece, !Z or on the front if space permits. 1. Article - D.Is delivery address different from item t? t d Y Addressed to. If YES,enter delivery address below: 0 No er Co W S,-,�1 o N 5 x 0 0 V a S MY.�{Jr1U�. 3 Service lype ECertifled Mail O Express Mall a') Si 9 O Registered , tenrm Receipt for Merchandise O Insured Mall 0 C.C.O. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7007 2560 0000 2299 9644 (Transfer from servke label) PS Form 3811,February 2004 Domestic Return Receipt .4'- 102595-02410540 0 TETRA TECH • November 30, 2010 TowerCo 5000 Valleystone Drive Cary,NC 27519 Attn: Property Management West Region RE: Tower CO2049 within 200' of the Iverson Mine Dear Denise: Lafarge West, Inc. (Lafarge) will be applying for a Regular 112 Reclamation Permit with the Colorado Division of Reclamation, Mining, and Safety(DBMS)to mine sand and gravel on the Iverson property which is located in Section 34 T6N,R66W of the 6's P.M., Weld County, Colorado. As is required by the DRMS, we are notifying you because TowerCo has some structures within 200' of the land that will be affected by mining and reclamation operations on the Iverson property. Therefore,the DBMS asks that Lafarge submit a notarized agreement between TowerCo and Lafarge that indicates that Lafarge will compensate TowerCo(the structure owner) for any damage to your structures caused by the mining. If an agreement cannot be reached, Lafarge is required to submit an engineering evaluation to demonstrate that the structure will not be damaged by the mining activities. Therefore, as part of the process of designing the mining and reclamation plan for the Iverson property, Lafarge asked Tetra Tech prepare a Stability Analysis Report to address the stability of permanent manmade structures within 200' of the mining operation areas. Attached is a copy of that Report. The Report indicates that while the proposed mining and reclamation activities on the Iverson property will be less than 200' from your facilities, it should not pose a hazard to any of your structures. Attached are two copies of an Agreement that we have drafted which commits Lafarge to repairing, replacing or compensating you for any damage to your structures caused by the mining. We would ask that you or a representative from TowerCo sign the Agreement, have the signature notarized and then mail one copy of the Agreement back to me at the address below. Pam Flora Tetra Tech 1900 S. Sunset Street, Suite I F Longmont, CO 80501 Phone: 303-772-5282 Email: pam.hora@tetratech.com Upon receipt of the signed Agreement, I will have Lafarge's representative sign the Agreement and then I will mail you a copy for your records. Page 2 of 2 la TETRA TECH TowerCo November 30, 2010 If I do not hear from you or receive the signed Agreement from you by January 31,2011, we will just submit a copy of this letter, the certified mailing receipt showing the letter was sent to you, and a copy of our Stability Analysis Report to the DRMS in order to satisfy the DRMS requirement. Please call me if you have any questions about this request. Thank you for your attention to this matter. Sincerely, TETRA TECH '.---f "Li& 'ax \,....11: ne XCil-C*142*--- Pamela Franch Hora,AICP Senior Planner Attachments: Structures Agreement Stability Analysis Report cc: Anne Best Johnson, AICP, Lafarge West, Inc. , 2itflt 1,24.1;.Iaa'2 DdnebplonRWS\pppcn+on PackaµN:.hrAn Sfure,pceldrnce 1oa erfo Cwd Low do AGREEMENT TO MINE WITHIN 200 FEET OF PERMANENT MANMADE STRUCTURES THIS AGREEMENT,entered into by and between Lafarge West, Inc., hereinafter called"Lafarge",whose address is 11409 Business Park Circle, Suite 200, Longmont, CO 80504, and: TowerCo 5000 Valleystone Drive, Cary,NC 27519 Hereinafter referred to as the "Structure Owner". The Colorado Mined Land Reclamation Act requires that landowners adjacent to a proposed mining operation be informed about the mine and the reclamation. Further,the Act provides protection for structures that are within 200 feet of a mining operation. Lafarge will be submitting an application to the State of Colorado Division of Reclamation, Mining and Safety for a 112 Reclamation Permit and an application to Weld County for a Use by Special Review Permit for the Iverson Mine, a sand and gravel mining operation to located within Section 34, T6N,R66W of the 6th P.M., Weld County, Colorado. The Structure Owner owns a permanent manmade structure or structures within 200 feet of the land affected by the mining and reclamation operations. The description of the structttre(s) is as follows: Communication Tower Facilities (Tower CO2049),Access Road and Telephone Lines Lafarge must attempt to obtain permission from Structure Owner in order to conduct operations closer than 200 feet to the structures owned by the Structure Owner. In addition, Lafarge must commit to repairing, replacing, or compensating Structure Owner for any damage that might be caused to its structure(s)by the mining operation of Lafarge at this site. By this agreement, Structure Owner consents to Lafarge conducting mining operations less than 200 feet from Structure Owner's structure(s). Lafarge commits that, if its operation causes damages to Structure Owner's structure(s) within 200 feet of said operations, Lafarge will repair or replace such structure or compensate Structure Owner for the value of said structure. Page 1 of 2 The parties hereto acknowledge and agree to the above-stated items. AGREED: Lafarge West,Inc. By: Date: Todd Ohlheiser Vice President Rocky Mountain Agg State of Colorado ) )ss. County of ) The foregoing instrument was acknowledged before me this day of , 20 , by Todd Ohlheiser, Vice President of Rocky Mountain Agg of Lafarge West, Inc. My Commission Expires: Notary Public TowerCo Date: State of Colorado ) )ss. County of ) The foregoing instrument was acknowledged before me this day of , 20 , by as for TowerCo. My Commission Expires: Notary Public P'2351 I'-I3).2)51I-IOOO±IDeliverablc3DRMsApplication Package\Exhibit STowmCo Agrmi dcc Page 2 of 2 January 27, 2011 Ms. Pam Hora Tetra Tech 1900 S. Sunset Street,Suite iF Longmont,CO 80501 RE: TowerCo Site Number CO2o49—West Greeley Tower located at 5011 F Street,Greeley,CO 80631 Dear Ms. Hora: We are in receipt of your letter dated November 30, 2010, regarding planned mining activities ("Mining Activities") contemplated by your client, Lafarge West, Inc. ("Lafarge"), which Mining Activities are intended to take place less than 200' from our existing communications facility located in Section 34,Township 6 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado. We understand that the notification you sent on behalf of your client is pursuant to requirements imposed upon Lafarge by the Colorado Mined Land Reclamation Act (the"Act"),which Act affords certain protections for structures located within 200' of any proposed mining operation. We have reviewed your letter and the relevant attachments with TowerCo's preferred engineering firm ("TowerCo Engineer"), and we have several concerns regarding your proposal and analysis which are detailed below. 1. In regard to the Stability Analysis prepared by Tetra Tech,we note that the resulting safety factor,based on mine highwall slope failure, is estimated at 1.1. Please note that the 2006 International Building Code requires a minimum safety factor of 2.0 for towers and the tower industry design standard, TIA-222-F, specifies a minimum safety factor of 2.0 for foundation design with respect to soils failure; however, as the site owner, please be advised that it is TowerCo's perogative to establish and enforce TowerCo whatever it deems to be an acceptable safety factor for its communications facility. 2. In regard to the draft Agreement to Mine Within zoo Feet of Permanent Manmade Structures', included with your letter which you requested that we sign and return, please be advised that we are unable to sign this document in its current form. TowerCo will at a minimum require that (i) Lafarge indemnify and hold TowerCo harmless from any and all claims, SOOOVateysmne Dr. 919.469.5559 919 469 5530 ( In(o@tawercmcom =1 towea:o cam Sake 200 j Cary.NC 275i9 demands, losses and damages and for any and all costs and expenses incurred by TowerCo and/or its tower tenants arising from Lafarge's acts in connection with the Mining Activities, including but not limited to any downtime experienced by TowerCo and/or TowerCo's tower tenants, and (ii) Lafarge post a performance bond in an amount sufficient to cover the replacement value of(A)the communications facility,which includes a 109' monopole, foundation, compound, fencing, grounding, all associated improvements, equipment, intangibles and personal property, and (B) all wireless communications and electronic equipment owned by TowerCo's tower tenants, which may include base radios and controllers, all equipment used to connect such equipment with the public switched telecommunications network and/or with the wireless communications network operated by such tower tenants, all phone lines, generators and secondary power supplies, all cells on wheels, shelters and concrete pads. If you would like to provide a soft copy of the proposed agreement, we can insert our requested changes and return it to you for review. 3. The proposed Mining Activities will undoubtedly produce a significant amount of dust in and around the TowerCo communications facility and we are concerned about the potential for equipment interference at the site. We would need to ensure that Lafarge had an adequate dust abatement plan in place prior to undertaking any Mining Activities so that we can ensure that TowerCo's equipment and the equipment belonging to our tower tenants is not disturbed or blocked and shall remain free of dust at all times during the Mining Activities. 4. Finally, in the event that we are able to reach a mutual understanding and agreement with Lafarge with respect to the proposed Mining Activities, we will also, minimally, require the following tests and/or inspections to be completed by a TowerCo Engineer to ensure the continued structural integrity of the tower and foundation, as well as the safety of our tower tenants and their equipment: a. Visual tower inspection to establish the current condition of the tower prior to commencing any Mining Activities b. Non-destructive foundation testing (pulse echo) to establish the current condition of the tower foundation prior to commencing any Mining Activities c. Structural analyses of tower and foundation based on seismic response due to blasting, if any. In this regard, please provide complete data with repsect to any proposed blasting, to include the proximity of the blasting to our communications facility and the I i charge loads. We would require that this analyses be completed prior to commencing any Mining Activities. d. Periodic tower and foundation inspections following any Mining Activities to evaluate the effects of the Mining Activites on our communications facility. e. A baseline geotechnical study to establish the current condition of the soil within and surrounding the tower compound prior to commencing any Mining Activities. TowerCo further reserves the right to perform additional, periodic geotechnical studies, as TowerCo deems necessary in its sole opinion, throughout the duration and following the completion of the Mining Activies to evalute the impact on the soil conditions within and surrounding the tower compound. TowerCo will expect Lafarge to cover any and all legal and/or engineering costs that TowerCo incurs in satisfying these requirements. Please have your client sign this letter where indicated below as acknowledgement that they agree to the terms and conditions set forth herein. If you have any questions,please call me direct at(919) 653-5708. Regards Steve Caldwell Vice President,Operations AGREED AND ACCEPTED: Lafarge West,Inc. TBy: Name: Title: Date: cc: Anne Best Johnson,AICP, Lafarge West, Inc. udognowerco con mwercncom fLAFIRG E AGGREGATES & CONCRETE February 11,2011 CERTIFIED MAIL 7007 2680 0001 0955 3205 Mr. Steve Caldwell,Vice President of Operations TowerCo 5000 Valleystone Drive Suite 200 Cary,North Carolina 27519 Dear Mr. Caldwell, The enclosed is in response to your January 27,2011 letter regarding an Open Pit Sand and Gravel Mine in unincorporated Weld County, Colorado. Enclosed please fmd a report prepared by Tetra Tech,Inc.dated February 7,2011 regarding the Stability Analysis Report which advises the Factor of Safety is 2.8 rather than the previously indicated 1.1. Please review this report and contact me at your earliest convenience with any questions. I may be reached at(303)684-2307. Sincerely, 24717)110 Anne Best Johnson,AICP Land Manager Electronic copy: Pam Nora,Tetra Tech John Van Voorhis,Lafarge LAFARGE NORTH AMERICA INC. 11409 Business Park Circle,5te 200 Longmont,CO 80504 (303)657-4000 www.lafargenorthamerica.com Nort TETRA TECH February 7, 2011 Ms.Anne Best Johnson,AICP Lafarge West, Inc. 11409 Business Park Circle,Suite 200 Longmont,CO 80504 RE: Response to Stability Analysis comments made in TowerCo letter dated January 27,2011 Dear Anne: This letter is in response to the Stability Analysis comment made by TowerCo in theirJanuary 27,2011 letter sent to Pam Hora regarding TowerCo Site Number CO2049 near the Iverson Mine. In the letter TowerCo states the following: "In regard to the Stability Analysis prepared by Tetra Tech, we note that the resulting safety factor, based on mine highwall slope failure, is estimated at 1.1. Please note that the 2006 International Building Code requires a minimum safety factor of 2.0 for towers and the tower industry design standard, TIA-222-F,specifies a minimum safety factor of 2.0 for foundation design with respect to soils failure;however, as the site owner,please be advised that it is TowerCo's prerogative to establish and enforce whatever it deems to be an acceptable safety factor for its communication facility." The Stability Analysis Report,prepared under my supervision,was prepared to satisfy Division of Reclamation, Mining and Safety(DRMS)standards which require us to use conservative parameters. According to the DRMS,they have never had a report of any structure stability problems for structures adjacent to a mining cell when their conservative model has been followed and a minimum safety factor of 1.0 has been maintained. In following the DRMS standards,when we ran the slope stability analysis model,we assumed that the underlying bedrock strength was weak, that the mining cell would be more than 35 feet deep near the TowerCo cell tower,and that the Iverson Mine would have vertical mine walls. The results of this model did in fact show a safety factor of 1.1,which is greater than 1.0 which means that the structural stability of the TowerCo cell tower will not be affected by the Iverson Mine. However, due to the comments made by TowerCo,we adjusted the stability analysis model to use more realistic parameters. The bedrock strength was adjusted to correspond to a more realistic strength,the mining cell depth was adjusted to its actual proposed depth of 19' near the TowerCo tower,and a more realistic slope of.75:1 (Horizontal:Vertical)at the mine's high wall was used. The revised model indicates a factor of safety of 2.8 for the cell tower. Attached is an illustration from the revised model. In addition, in response to TowerCo's comments regarding the 2006 International Building Code and • tower industry design standards which require a minimum factor of safety of 2.0,this safety factor relates to the bearing capacity of the underlying soils not the slope stability of adjacent mining. Therefore,the factor of safety information they reference is unrelated to the Stability Analysis report that we prepared. 1500 S.Sunset Sheet,Suite l-F Longmont.CO 80501 Tel 30377:528:Fax 303.7727039,wA'tetratechcom February 7, 2011 rim TETRA TECH Ms.Anne Best Johnson,AICP Page 2 of 2 • If you have any questions,please let me know. We previously offered to TowerCo's attorney that we would be happy to explain and discuss our report with them. We are still happy to do this to help prevent additional confusion. Sincerely, TETRA TECH Gary Linden, R.G. Project Manager Attachment cc: Pam Flora P\23511\133-2351110002\proiMgm ACorreepondeme\Townfo\GaoteahNnl Explanation.doc 1 nt....,-,Pitt. ,{Yy �"' g�` O .sw. tri S \-!,,:oic i ref • . fl L- All /'ice:m j ik `s w�fc ' c+oi iLL pp ' "5' � >. co ttN ,-4 `S /3/..-",4-,,,,,,-4.1:g, 'a co Is 4 3 d�t ,�ai a — N 2 A Jk 'v4k��y o c0 p 1;• 111 r{o� ,,,� ▪ 'IA �, IO c ritt,ICI �7 Y jef U_ y O [ rr - _ CO 1,1 to — IL to Y �4cs'" z , o - N ci o 0 400e-04„,,,,s-ad3� C7,-a m g a v-r ia- a p o ph $Ns r i p t° E a TD m g , a; o) c CO y 3 • IO 2 o t m4ietffi-7:04 ;6 it es' c' 'c o f m: c o C 0 0 c �x %-- - moo_ z � Ua z � oa c1 a co _ ° fir` L ..,▪ ,r£ a. k x ,I � �in zo '65 o rs w „ # Ar _ U �b Y - c;:3 Q `CI U d� `�. Ce'AT cl ��w/� ��' ((3'"`btu'r�u +yy O CD al C v O � . :₹.wne O d '�' a 1W-^t 2 k-0,ndz, ol d' co �' � t�w�,�` ca Ln .. '> I r'i,1 ti-[▪ 7X, 6 r ` .{ ; I I I I . I I 1 o CD NV inel ' F. LL O co O co• O O O O O 0 If) 0 (0 O 14) p N V0to O O 7 M M N N a O co O O O O O CO O a - v v v v o c v v - -N- v a a d- (0006 x) (ld) uol1eneiA Attachment 17: Noble Surface Use Agreement Compatible Development and Surface Use Agreement THIS COlvl6_AIBLE DIVELQPMENT AND SURFACE USE AGREEMENT ("Agreement"), dated effective this JJ day of / C' , 2011 is made by and between NOBLE ENERGY, INC. a Delaware corporation, ("Noble"), 1625 Broadway Suite 2200, Denver, Colorado 80202, Tim D. Iverson and Jeanne Iverson, ("Iverson"),5011 F Street,Greeley,Colorado 80631 and Lafarge West,Inc., a Delaware corporation, ("Lafarge"), 11070 Church Ranch Way, Suite 200, Westminster, Colorado 80021. Lafarge and Iverson may collectively be referred to as the"Mining Parties". Noble, Iverson and Lafarge may collectively be referred to as the"Parties". RECITALS A. Iverson is the current surface owner and lessor and Lafarge is either the (1) current landowner or (ii) the current lessee under one or more sand, gravel and Lafarge has a current mining lease on those certain tracts of land more particularly described on Exhibit A attached hereto, located in Weld County, Colorado,and hereinafter referred to collectively as the"Property."Iverson and Lafarge do not intend for this Agreement to alter the terms of their mining lease. B. Noble has oil and gas leasehold interests covering portions of the Property and has the right to develop its oil and gas leasehold estates by drilling and operating wells ("Wells") on the portions of the Property so leased("Leased Premises"). C. This Agreement provides for the compatible development of the oil and gas estate and the surface estate and sets forth the rights and obligations of the parties with respect to the development of their respective interests in the Leased Premises, with all such rights and obligations to be binding upon the parties and their successors and assigns. AGREEMENT Now, therefore, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Areas Reserved for the Wells; Well Locations. a. Mining Parties shall set aside and provide to Noble those portions of the Property hereinafter referred to as the"Oil and Gas Operations Areas"as depicted on the attached Exhibit B which are locations for existing and future Wells and related Production Facilities(as hereinafter defined). The Oil and Gas Operations Areas shall be made available to Noble in their present condition (subject to Section 2 below) for all operations conducted by Noble in connection with any Well, including, but not limited to, drilling and production activities, workovers, well deepenings, recompletions, fracturing and the drilling of twinned and replacement wells. The Oil and Gas Operations Areas shall include the areas shown on Exhibit B which are generally in the shape of a circle with a radius of 200 feet, except as otherwise reflected in the Exhibits. b. Noble shall also have the right to locate, build, repair and maintain tanks, separators, dehydrators, compressors and all other associated oil and gas drilling and production equipment and facilities within the Oil and Gas Operations Areas. c. Noble shall have the right to drill multiple Wells within the Oil and Gas Operations Areas, including horizontal and directional wells that produce in whole or in part from the Property. Oil and Gas Operations Areas shall not be used by Noble to drill wells with bottom hole locations off of either the Leased Premises or lands within spacing units also including the Leased Premises or portions thereof, or to install Production Facilities that service wells off of the Leased Premises without the prior written consent of Lafarge. d. As part of the consideration for this Agreement, Mining Parties hereby waive its' rights to,and covenants that it will not protest or object to, any exception location or application to drill, redrill, deepen or recomplete any Well on the Property, so long as the Well is located within an Oil and Gas Operations Area and does not conflict with the terms of this Agreement. e. Noble shall drill future Wells as close to the center of the Oil and Gas Operations Area as is practicable, given the location of other Wells within the Oil and Gas Operations Area, geologic, regulatory and technical concerns,and any segregation of ownership of the oil and gas horizons. f. Mining Parities shall not stockpile mined materials within a radius of 150 feet from existing Wells without first consulting with and obtaining written approval from Noble. 2. Extraction of Sand and Gravel in Vicinity of Oil and Gas Operations Areas: Setback Requirements. Mining Parties reserves the option, in accordance with the terms of this Section 2, to mine the gravel within those Oil and Gas Operations Areas wherein, at the time of Mining Parties' election to mine gravel,there are no existing Wells. a. In the event that Mining Parties elect to mine the gravel within an Oil and Gas Operations Area, Mining Parties shall notify Noble in writing sixty (60) days prior to commencing mining operations. In the event Mining Parties elect to mine gravel in an Oil and Gas Operations Area that has an existing Well or Wells,Mining Parties shall conduct mining within the Oil and Gas Operations Area by excavating pie shaped wedges of gravel. Mining Parties will thereafter backfill and compact the area with overburden or other suitable material prior to excavating the next pie shaped area; provided, however, in no event shall Mining Parties mine within 90 feet of an existing Well or Production Facility, and provided further, that in no event shall more than one quarter circle segment of the pie shape be excavated at any one time. b. Excavation, including the identification of flowline and pipeline depths, within the Oil and Gas Operations Area will be coordinated with all Parties to avoid conflict between surface and subsurface exploration and to ensure there are an appropriate safety plan and interim emergency procedures. c. In the event that Noble intends to drill a Well within the Oil and Gas Operations Area, it shall give written notice to Mining Parties and meet at the site with Mining Parties, as required by Colorado Oil and Gas Conservation Commission ("COGCC") rules and regulations, and the parties shall coordinate mining operations with oil and gas operations. In the event that Noble notifies Mining Parties of it's intent to conduct operations within an Oil and Gas Operations Area that Mining Parities are conducting mining operations, Mining Parties shall conduct and complete its mining operations within the Oil and Gas Operations Area as quickly as is reasonably practicable. Noble shall have priority to conduct its oil and gas operations within the Oil and Gas Operations Area such that they may require Mining Parties to temporarily cease mining operations or adjust the timing and location of such operations within the Oil and Gas Operations Area as necessary to conduct their oil and gas operations in a safe and efficient manner. - 2 - d. Excavation within the Oil and Gas Operations Areas will be coordinated with Noble in a mutually acceptable manner so as to avoid conflict with Noble's oil and gas operations and to ensure there is an appropriate safety plan and interim emergency procedures. Mining Parties will bear all costs associated with such mining operations, including permanent or temporary rerouting and replacement of access roads, flowlines, and utility lines in order to prevent unnecessary interruption of production from any Well. In addition, notwithstanding any other provision of this Agreement, Mining Parties and their successors and assigns shall defend,indemnify and hold Noble harmless from any and against any claims, demands, damages, losses and liabilities, penalties, costs and expenses including court costs and attorney's fees, incurred by Noble as a result of Mining Parties' excavation operations within the Oil and Gas Operations Areas. Upon completion of mining operations, Mining Parties shall fill and level the mined areas to create an even grade throughout the Oil and Gas Operations Area and/or Production Facility Location and shall reclaim lands outside of the OGOAs in accordance with Mining Parties' Site Reclamation Plan attached hereto as Exhibit C. e. Mining Parties will not locate any future lot line or any building, structure or other improvement within any Oil and Gas Operations Area or Production Facility Location.Mining Parties understand and acknowledges that the COGCC has rules and regulations that apply to the distance between a wellhead and public roads,production facilities,building units and surface property lines,among other things. In order to give full effect to the purposes of this Agreement,Mining Parties hereby consent to and waive its rights to object to the location of any Well and or Production Facility on the basis of the setback requirements in the rules and regulations of the COGCC, as they may be amended from time to time. Mining Parties further and similarly consent to and waive their rights to object to any other state or local setback requirement or other requirement or regulation that become inconsistent with this Ageement or that would prohibit or interfere with the rights of Noble,its successors and assigns,to explore for and produce the oil and gas in accordance with this Agreement. Noble or its successors and assigns may cite the waiver in this Section in order to obtain a location exception or variance under COGCC rules or from any other state or local governmental body having jurisdiction;provided,however,Mining Parties shall not be required to enlarge the amount of the surface area of an Oil and Gas Operations Area to accommodate the location exception or variance.Mining Parties will provide Noble,or its successors and assigns,with whatever written support Noble may reasonably require to obtain permits from the COGCC or any local jurisdiction and will reasonably cooperate at no material cost to Mining Parties in any efforts of Noble or its successors and assigns to obtain such permits. 3. Gathering Lines and Flowlines. a. Subject to the terms in this Agreement, Noble has a continuing right and entitlement to own, operate, maintain, repair and replace all flowlines, gathering lines and other pipelines that may be necessary or convenient to its operations on the Property ("Pipelines"). Except as may be otherwise agreed upon between the parties, the construction and burying of Pipelines shall be at the sole cost and expense of Noble or its gas purchaser. Although this Agreement identifies the locations for existing pipelines, flowlines and pipeline easements, nothing herein limits the rights of Noble to route pipelines or flowlines to Wells in the event of unforeseen circumstances associated with mining operations, topographic matters and any other circumstance that Noble could not have foreseen and so long as such pipelines or flowlines do not materially impact the then current operations for the development of the surface estate. b. Noble shall have the right to lay Pipelines within the "Petroleum Pipeline Easements" depicted on Exhibit B or at such other locations as may be mutually agreed to in writing by the parties. Except for those portions of the Petroleum Pipeline Easements that are identified on Exhibits B as specifically being more than thirty (30) feet in width, if any,Petroleum Pipeline Easements shall be fifty - 3- (50) feet in width for construction,installation and relocation operations and reduced to thirty(30) feet in width for post-construction usage. Flowline easements shall be thirty(30)feet in width for all operations. c. After Noble installs a Pipeline(which shall then be referred to as an"Existing Pipeline"), Mining Parties shall have the right to make written requests to Noble to relocate any Existing Pipeline; provided, however, all costs, risk and expense of such relocations shall be borne by Mining Parties and Noble shall enter into a pipeline relocation agreement prior to the relocation of all or any portion of an Existing Pipeline. The Parties shall cooperate with each other to implement pipeline relocations and shall not unreasonably interfere with the operations of the other Party. Noble shall perform the pipeline relocations. Mining Parties covenant that it will not attempt to locate any future access road or pipeline easement for Noble requested by Mining Parties within any jurisdictional wetland or critical habitat. d. Mining Parties shall not disturb the existing cover over Existing Pipelines during Mining Parties' operations on the Property, except that: i) when crossing Existing Pipelines with heavy equipment, such as earth moving equipment, Mining Party shall maintain a minimum of four(4)feet and a maximum of six (6) feet of dirt over Existing Pipelines, in addition to the then-existing cover over the Existing Pipeline; and ii) when crossing Existing Pipelines with light trucks and equipment, Mining Parties shall maintain a minimum of two (2)feet and a maximum of six (6)feet of dirt coverage over the then existing cover over the Existing Pipeline. The depth of cover over Existing Pipelines shall not be reduced or drainage patterns over Existing Pipelines altered without written approval from Noble. e. Noble may install and maintain markers on the Petroleum Pipeline Easements, and Noble shall mark its Bowlines at locations as reasonably requested by Mining Parties. f. Mining Parties will not conduct or cause to be conducted extraction operations of any kind, including sand, gravel and Mining Parties' mining operations, that are within twenty-five (25) feet from an Existing Pipeline unless an engineer licensed in the State of Colorado and with expert lmowledge in the area of soils, opines in a soils stability report, that the specific distance for the setback of the extraction operations from the Existing Pipeline will be sufficient to preserve the integrity of the Existing Pipeline. In such case, upon completion of extraction operations, Mining Parties shall backfill and level the area that is within twenty-five (25) feet from the Existing Pipeline.Notwithstanding anything herein to the contrary,Mining Parties shall in no event conduct extraction operations closer than fifteen (15)feet from any Existing Pipeline without the prior written approval of Noble. g. Mining Parties shall not stockpile any materials over any Existing Pipeline or in any Petroleum Pipeline Easement. h. Mining Parties shall not permit the construction of any temporary or permanent buildings, structures or other improvements or facilities within or over the Petroleum Pipeline Easements or the Pipelines. Mining Parties shall not plant trees or shrubs over the Petroleum Pipeline Easements and Pipelines. i. In the event that COGCC Rules require Noble to reclaim areas related to its operations, Noble shall use reasonable efforts to reseed its impacted areas with a seed mixture requested by the Mining Parties. 4. Access. - 4- a. Mining Parties shall provide Noble with continuous access to all Oil and Gas Operations Areas, Production Facility Locations, Petroleum Pipeline Easements and Pipelines at all times. Noble agrees to access the Property and the Oil and Gas Operations Areas along those routes depicted and identified as"Access Roads"on Exhibit B. Access to the Oil and Gas Operations Areas may be changed by mutual agreement of Mining Parties and Noble; provided, however, all costs and expenses of such relocations unless requested by Noble shall be borne by Mining Parities. b. Mining Parties shall maintain and keep access roads that are jointly used by Mining Parties and Noble in a condition and state of repair that serves the needs of Mining Parties or,in the case of relocated existing roads, to at least the standard such road was maintained prior to its relocation, if a more substantial condition. In the event that joint access roads need to be improved in order to serve the needs of Noble, the parties agree to cooperate to allow Noble to construct the improvements, such improvements to be at the sole cost and expense of Noble. Neither Noble nor Mining Parties shall unreasonably interfere with the use by the other of access roads. c. If Mining Parties, as part of the relocation of any then existing access road used by Noble, moves the point of intersection of such road and any public road or highway, Mining Parties shall be responsible for obtaining and shall pay the costs to obtain from Weld County or any municipal authority having jurisdiction over the Property, as necessary,permits or authorization for the replacement access to and from the public road. d. Construction and Width of Access Roads. i. Noble shall be responsible for construction of its own roads in the locations shown on Exhibit B to Oil and Gas Operations Areas for Wells where Mining Parties are not constructing roads for its own operations. ii. If Mining Parties relocate any then existing road being used by Noble for access to any Oil and Gas Operations Area, such relocated road shall be built, at Mining Parties' expense,to at least the quality of the road it replaces. iii. Access roads or portions of access roads that are jointly used by Noble and Mining Parties shall be thirty (30) feet in width. If Mining Parties improve or pave such joint-use roads for regular permanent or extended use,Mining Parties shall construct or improve them so as to withstand the weight of oilfield equipment. iv. Access roads or portions of access roads that are used exclusively by Noble shall be thirty(30) feet in width, and Noble shall install and maintain them to COGCC standards that apply to oil and gas operations. e. Mining Parties agree that they will not mine or extract materials from any portion of the access roads identified on Exhibit B, or those access roads that may be otherwise mutually agreed upon by the Parties,without the written consent of Noble. 5. Batteries and Equipment/Production Facility Locations/Electrical Service Lines. a. Noble shall have the right to locate, build, repair and maintain tanks, separators, dehydrators, compressors and other equipment ("Production Facility" or "Production Facilities") reasonably appropriate for the operation and production of Wells within the Oil and Gas Operations Areas locations depicted on Exhibit B ("Production Facility Locations.") - 5- b. With respect to Production Facilities other than flowlines and Pipelines: i. Noble shall install and maintain, at its sole cost and expense, all fences around Wells and Production Facilities in compliance with the Rules and Regulations of the COGCC. ii. Noble shall install and maintain, at its sole cost and expense, all gates and locks reasonably necessary for the security of the Wells and Production Facilities. iii. Noble shall paint production facilities for the Wells, including wellhead guards, with a color of paint that is approved by the COGCC. Mining Parties shall not prevent or inhibit access by Noble to the Oil and Gas Operations Areas and Production Facility Locations or prevent or inhibit Noble's operations within the Oil and Gas Operations Areas or Production Facility Locations by landscaping or other improvements, unless otherwise agreed upon in writing between Mining Parties and Noble.Mining Parties shall place temporary concrete barriers around Production Facilities as directed by Noble,before the commencement of mining operations within the Oil and Gas Operations Area. In no event shall Mining Parties mine within ninety (90) feet of Production Facilities or stockpile mined materials within a radius of fifty (50) feet of Production Facilities. 6. Notice of Future Operations. Noble shall provide at least seven (7) days prior written notice in accordance with COGCC rules and regulations to Mining Parties of operations in connection with reworking, fracturing, deepening or recompletion operations on Wells; provided, however,Noble shall provide at least thirty (30) days prior written notice to Mining Parties of the initial drilling of Wells. Regardless of the foregoing notice requirements, Noble shall have immediate access to all Production Facilities, Pipelines and Wells in the event of an emergency. After receipt of the above notice,but not less than five(5)working days prior to the date that Noble plans to commence drilling operations within an Oil and Gas Operations Area, Noble or Mining Parties may request an on-site meeting.The purpose of the meeting shall be for Noble to inform Mining Parties of the proposed oil and gas drilling operations and to coordinate site access, hazards, barricades, restoration or any other issues that may affect the use and development of the Property by Mining Parties. 7. Compliance with Environmental Law and Safety Regulations. Mining Parties understand that they shall comply with all applicable Environmental Laws, as defined herein. Specifically, the Mining Parties understand that it is not relieved of any compliance with Environmental Law by virtue of Noble's leasehold interests. • Noble understands that the surface mining operations of Mining Parities on the Property are subject to certain Mine Safety and Health Administration ("MSHA") regulations. Noble agrees that, while conducting its oil and gas operations on the Property, it will use reasonable efforts to comply with MSHA requirements that Mining Parties notify Noble in writing that are applicable to their operations on the Property. Noble agrees to notify its contractors and subcontractors about such requirements. - 6 - 8. Drilling and Completion Operations. Noble shall endeavor to diligently pursue drilling operations to minimize the total time period for drilling and to avoid rig relocations or startup during the course of drilling.Lafarge waives any objections to continuous(i.e.,24-hour)drilling operations. 9. Shut-In of Wells. In connection with its operations on the Property wherein Mining Parties will utilize heavy equipment, Mining Parties shall maintain dirt coverage over Noble's flowlines and pipelines as set forth in Section 3.d above. In the event Mining Parties intend to commence construction activity where it will utilize heavy equipment or other equipment likely to damage any of Noble's Bowlines or pipelines which are not covered as set forth in Section3.d., Mining Parties will notify Noble at least twenty (20) days before commencement of said activities, in which event Noble may, in its discretion and for safety purposes, shut in any pipeline or Bowline over which Mining Parties heavy earth-moving equipment is to be operated. Further, Mining Parties may request Noble to shut in one or more of its Wells, flowlines or pipelines during Mining Parties construction activity on the Property. In the event that a Mining Party request Noble to shut in one or more of its Wells, Bowlines or pipelines; or should Mining Parties interfere with the operations of Noble on the Property so that Noble, in its discretion, is required to shut-in one or more of its Wells, Bowlines or pipelines or is otherwise prevented from repairing or returning a Well or Wells to production, that Mining Party shall, during the period of shut-in of any Well,pipeline or Bowline,pay Noble consideration on a well by well basis equal to the 30 day average daily production rate of the shut in well, multiplied by the price received for oil, natural gas located on Noble's latest purchaser settlement statements, not to exceed five-hundred-dollars ($500.00)per day for each Well that is shut-in. Mining Parties will also pay Noble any costs to rework the well in order to place the well in production status after the shut-in and costs to replace pipelines and Bowlines that are damaged by the surface construction activities of Mining Parties. 10. Governmental Proceedings. Mining Parties acknowledge the rights of Noble to conduct oil and gas operations on the Property in accordance with this Agreement and shall not object to or oppose Noble in any agency or governmental proceedings, including, but not limited to, the COGCC, Weld County, or other governmental entity related to the operations of Noble on the Property, including,but not limited to drilling,workovers,well deepenings and recompletions; provided that,the position of Noble in such proceedings is consistent with this Agreement. Noble acknowledges the rights of Lafarge to conduct sand and gravel extraction operations on the Property in accordance with this Agreement and shall not object to or oppose Lafarge in any agency or governmental proceedings, including, but not limited to, the DRMS, Weld County, or other governmental entity related to the operations of Lafarge on the Property, provided that, the position of Lafarge in such proceedings is consistent with this Agreement. 11. Mining Plans. Mining Parties will provide copies to Noble of its Mining Permit and the engineering structural report prepared in connection with the Mining Permit (the "Plans"). Noble shall acknowledge its receipt of the Plans and will not object to the Plans;provided that the Plans remain consistent with this Agreement. - 7- 12. Restricted Use of the Surface by Noble. Except for the Oil and Gas Operations Areas, Production Facility Locations, Petroleum Pipeline Easements, Pipelines and the access roads provided for in this Agreement, Noble shall not occupy the surface of the Property, except in the event of an emergency or for reasonable incidental, temporary and non-damaging activities, for which Noble shall be responsible for any damages that it causes that may occur to the Property. 13. Limitation of Liability.Release and Indemnity. a. No party shall be liable for, or be required to pay for, special, punitive, exemplary, incidental,consequential or indirect damages to any other party for activities undertaken within the scope of this Agreement. b. Except as to claims arising out of pollution or environmental damage (which claims are governed by Section 15 below) or out of other provisions of this Agreement (which claims shall be governed by the terms of this Agreement),each party shall be and remain responsible for its own liability for all losses,claims, damages, demands, suits, causes of action, fines,penalties, expenses and liabilities, including without limitation, reasonable attorneys' fees and other costs associated therewith (all of the aforesaid herein referred to collectively as "Claims"), arising out of or connected with each such party's operations on the Property, no matter when asserted, subject to applicable statutes of limitations. Each party shall release, defend, indemnify and hold the other party, its officers, directors, employees, successors and assigns, harmless against all such Claims. This provision does not, and shall not be construed to, create any rights in any person or entity not a party to this Agreement,nor does it create any separate rights in parties to this Agreement, other than the right to be indemnified for Claims as provided herein. c. Upon the assignment or conveyance of a party's entire interest in the Property, that party shall be released from the indemnification in Section 13.b.above,for all actions or occurrences happening after such assignment or conveyance. 14. Environmental Indemnity. The provisions of Section 13 above, except for Section 13.a., shall not apply to any environmental matters, which shall be governed exclusively by the following, subject to the limitations of Section 13.a. above: a. "Environmental Claims"shall mean all Claims asserted by governmental bodies or other third parties for pollution or environmental damage of any kind, arising from operations on the Property and all cleanup and remediation costs, fines and penalties associated therewith, including but not limited to any Claims arising from Environmental Laws or relating to asbestos or to naturally occurring radioactive material. Environmental Claims shall not include the costs of any remediation undertaken voluntarily by any party, unless such remediation is performed under the imminent threat of a Claim by a governmental body or other third party. b. "Environmental Laws" shall mean any laws, regulations, rules, ordinances, or order of any governmental authority(ies) which relate to or otherwise impose liability, obligations, or standards with respect to pollution or the protection of public health and/or the environment, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601 et seq.),the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§ 6901 et seq.),the Clean Water Act(33 U.S.C. §§466 et seq.),the Safe Drinking Water Act(14 U.S.C. §§ - 8 - 1401-1450), the Hazardous Material Transportation Act (49 U.S.C. §§ 1801 et seq.), the Clean Air Act, and the Toxic Substances Control Act (15 U.S.C. §§ 2601-2629 et seq.), and state-equivalents of such laws,regulations,rules,ordinance,or order of any governmental authority(ies). c. Environmental Indemnification. Noble shall defend, indemnify and hold harmless Mining Parties, its successors and assigns, from Environmental Claims relating to the Property that arise out of Noble's operations on the Property. Mining Parties shall defend, indemnify and hold harmless Noble, its successors and assigns, from Environmental Claims relating to the Property that arise out of Mining Parties' ownership or operations on the Property. Notwithstanding the foregoing,each party shall be responsible for and shall protect, indemnify and hold harmless the other party and its officers, directors, employees, successors and assigns, from Environmental Claims arising out of damage caused by such party's own operations and activities on the Property (including, but not limited to, oil and gas operating activities, reclamation activities, road or line relocation, mining activities and onsite water storage) to the other parties' real or personal property, including but not limited to, any Environmental Claims arising out of damage to structures, wells, wellheads, Pipelines,utility lines,pits, liners,facilities or other equipment on the Property. 15. Exclusion from Indemnities. The indemnities of the parties herein shall not cover or include any amounts for which the indemnified party is actually reimbursed by any third party (other than the indemnified party's own insuror). The indemnities in this Agreement shall not relieve any party from any obligations to third parties. 16. Notice of Claim for Indemnification. If a Claim is asserted against a party for which the other party would be liable under the provisions of Section 14 or Section 15 above, it is a condition precedent to the indemnifying party's obligations hereunder that the indemnified party give the indemnifying party written notice of the Claim setting forth all particulars of the Claim, as known by the indemnified party, including a copy of the Claim (if it is a written Claim). The indemnified party shall make a good faith effort to notify the indemnifying party within ten(10) days of receipt of a Claim and shall effect such notice in all events within such time as will allow the indemnifying party to defend against such Claim. An indemnifying party shall not be obligated to reimburse an indemnified party for amounts paid in settlement of an indemnified Claim unless the indemnifying party has agreed to the settlement, which agreement shall not be unreasonably withheld or delayed. 17. Representations. Each party represents that it has the full right and authority to enter into this Agreement with respect to the surface estate or leasehold interests or oil and gas leasehold interests it owns in the Property. 18. Successors and Assigns. The terms, covenants, and conditions hereof shall be binding upon and inure to the benefit of the parties and their respective successors and assigns;provided,however, successors and assigns for Noble shall be limited to only those assignees under the oil and gas leases that are owned by Noble. 19. Term. This Agreement shall become effective as of the date written above and shall remain in full force and effect until the latest to occur of the following: i) all of Noble's oil and gas leasehold interests in the - 9 - Property have expired or are terminated, and Noble has plugged and abandoned all Wells it operates on the Property and complied with all reclamation and other requirements in its oil and gas leases and of the COGCC and other entities having jurisdiction; or ii) all of Lafarge's sand, gravel and aggregate mining leasehold interests in the Property have expired or are terminated (as to the portion of the Property leased by Lafarge), and Mining Parties have complied with all reclamation and other requirements in its mining leases and Mining Permit and with all other applicable provisions in the mining leases,Mining Permit and state and local permits and rules and regulations. At the time this Agreement terminates,the parties shall execute releases that state that this Agreement no longer applies to the Property,except with respect to the indemnities in this Agreement,which indemnities shall survive termination to the extent provided herein. 20. Notices. Any notice or other communication required or permitted under this Agreement shall be given in writing by any of: i) personal delivery; ii) expedited delivery service with proof of delivery; iii) United States mail, postage prepaid, and registered with certified mail with return receipt requested; or iv) prepaid telecopy or fax,the receipt of which shall be acknowledged,addressed as follows: Noble: Lafarge: Noble Energy,Inc. Lafarge West,Inc. 1625 Broadway, Suite 2200 10170 Church Ranch Way,Suite 200 Denver, CO 80202 Westminster,CO 80021 Attention: Land Manager Attention: Northern Colorado Land Manager Tim and Jeanne Iverson: 5011 F Street Greeley, Colorado 80631 Any party may, by written notice so delivered to the other parties, change the address or individual to whom delivery shall thereafter be made. 21. Recording. This Agreement and any amendments shall be recorded by Noble, and Noble shall provide Mining Parties with copies showing the recording information as soon as practicable thereafter. 22. Surface Damages:Waiver of Payments. In consideration of the respective rights, obligations and benefits of the parties as outlined herein, this Agreement shall constitute a surface use or surface damage agreement as described or provided for in any current or future rule or regulation of the COGCC or any local jurisdiction,state statute or at common law and in any oil and gas lease. In furtherance of the foregoing,Mining Parties expressly acknowledge that this Agreement satisfies the obligations and requirements of Noble pursuant to COGCC rules and regulations and Colorado statutes to consult in good faith with Mining Parites regarding proposed oil and gas operations on the Property. Each party further expressly aclmowledges that this Agreement shall be deemed to be specifically applicable to, and to satisfy fully, the obligation of the other to accommodate the party's use of the surface of the Property, existing and future and each party waives any statutory or common law claims to the contrary including, but not limited to, any claims pursuant to C.R.S. § 34-60- - 10 - 127; provided, however, that neither party waives claims against the other arising from breach of this Agreement. Mining Parties hereby waive all surface damage payments or other such payments for the use of the Property or portions thereof pursuant to any current or future COGCC or local regulation, state statute, common law or oil and gas lease or agreement for each and every well and related wellsite that is or will be drilled and located within the Oil and Gas Operations Areas and for Production Facility Locations and Pipelines and Petroleum Pipeline Easements and access roads. Noble may provide a copy of this Agreement to the COGCC or to any local jurisdiction,person or entity or any court of law as evidence of this waiver. 23. Construction. The parties have participated jointly in the negotiating and drafting of this Agreement. In the event ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring either party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word "including" shall mean including,without limitation. 24. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado,without reference to its conflict of laws provisions. 25. Entire Agreement. This Agreement sets forth the entire understanding between the parties regarding the matters addressed herein, and supersedes any previous communications, representations or agreement, whether oral or written.This Agreement shall not be amended,except by written document signed by the parties. 26. Execution and Binding Effect. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original instrument, but all of which together shall constitute one and the same instrument. This Agreement is executed by the parties on the dates set forth in the aclmowledgements, but to be effective on the date set forth above. NOBLE ENERGY,INC. LAFARGE WEST,INC. By: �' 4/60/61 Josep . ",GL Tod Ohlheiser,VP GM Att ey- a Rocky Mountain Aggregates / � s By: Tim D.Iverson - 11-- By: .#0s-r-c-3146v*f.v"-- e....e Iverson ACKNOWLDEGEMENTS STATE OF COLORADO ) CITY AND )ss. COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 31°day of ) (cdk. , 2011, by Joseph H.Lorenzo, as Attorney-In-Fact of Noble Energy,Inc. on behalf of such corporation. NOTARY PUBLIC j STATE OF COLORADO Notary Public ' My Commission Expires: 05/07-p/..2-0/7 STATE OF COLORADO ) )ss. COUNTY OF Jecke.2SCA ) vDTX- The foregoing instrument was acknowledged before me this an day of JUIXKG(r ,2011, by Todd Ohlheiser as General Manaeer of Lafarge West,Inc. on behalf of said corporation. Witness my hand and official seal. Notary Public r 2 ' \`\�IIt11111111l1frr��// My Commission Expires: i 'cJ f _ P S s � . ‘.,oiARfr `N ' - U N'. PUBoci 'Q FOF CO ,,O`` fnntlNl �` - 12 - STATE OF COLORADO ) ) ss_ COUNTY OF 4A./!ct The foregoing instrument was acknowledged before me this 23 day ofiVaCk, ,2011,by Tim D. Iverson, to me known to be the identical person, described in and who executed the within and foregoing instrument of writing and acknowledged to me that he duly executed the same as his free and voluntary act for the uses and purposes therein set forth. $��t .,1C� itness my hand'an fficial seal. SARAH SNOW 1 (.4 (30 41J l 1. fi•CQ�p�� otary Public My Commission Expires: ` 1 d`t STATE OF COLORADO ) IA A(G� ) ss. COUNTY OF , ( ) The foregoing instrument was acknowledged before me this 23 day of/f 1iC1(, 2011, by Jeanne Iverson, to me known to be the identical person, described in and who executed the within and foregoing instrument of writing and acknowledged to me that she duly executed the same as her free and act and deed for the uses and purposes therein set forth. �1►!tY AU `+ti SARAH Wine. my hand and official seal. SNOW de OF , it'd(31P2L CO\- . Notary Public My Commission Expires: Q `-( )12- - 13- EXHIBIT A IVERSON MINE LEGAL DESCRIPTION: THAT PORTION OF THE E 1/2 OF THE SW 1/4 AND THE W 1/2 OF THE SE 1/4 AND THE E 1/2 OF THE NW 1/4 AND THE W 1/2 OF THE NE 1/4 OF SECTION 34,TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M.,COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; CONSIDERING THE SOUTH LINE OF THE SW 1/4 OF SAID SECTION 34 AS BEARING N 89' 24'31"W AND WITH ALL BEARINGS CONTAINED HEREIN AND RELATIVE THERETO: BEGINNING AT THE S 1/4 CORNER OF SAID SECTION 34; THENCE ALONG THE SOUTH LINE OF THE SW 1/4 OF SAID SECTION 34, N 89° 24' 31"W, 1321.98 FEET TO THE SW CORNER OF THE SE 1/4 OF THE SW 1/4 OF SAID SECTION 34,SAID POINT ALSO BEING THE SW CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED RECORDED IN BOOK 937 AT RECEPTION NO. 1859175 RECORDS OF SAID COUNTY;THENCE ALONG THE WESTERLY AND NORTHERLY LINE OF SAID BOOK AND RECEPTION NUMBER, N 00" 03'45" W, 1023.00 FEET; S 74°43' 31" E, 280.00 FEET; S 85°41' 31" E, 175.00 FEET; N 74° 34' 29" E, 272.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE NORTHERLY LINE OF SAID BOOK 937, RECEPTION #1859175, S 00° 03' 31" E, 70.00 FEET; THENCE N 74°34' 29" E, 116.00 FEET; THENCE N 66°35' 29" E, 186.00 FEET;THENCE N 49°03' 29" E, 71.30 FEET TO THE NE CORNER OF SAID PARCEL DESCRIBED IN BOOK 937 AT RECEPTION NO. 1859175; THENCE N 39° 32' 29" E, 94.50 FEET;THENCE N 33° 24'29" E,59.59 FEET TO A POINT THAT IS 30.00 FEET SOUTH OF THE CENTERLINE OF AN EXISTING IRRIGATION DITCH;THENCE PARALLEL WITH AND 30.00 FEET SOUTH OF THE APPROXIMATE CENTERLINE OF SAID DITCH THE FOLLOWING 5 COURSES AND DISTANCES; N 58°00'00" E, 103.00 FEET; N 56°40'00" E, 341.00 FEET; N 76°09' 00' E, 116.00 FEET; N 80° 11'00" E,640.00 FEET; N 78°58' 00" E, 358.46 FEET TO A POINT THAT IS 40.00 FEET WEST OF THE EAST LINE OF THE W 1/2 OF THE SE 1/4 OF SAID SECTION 34;THENCE PARALLEL WITH AND 40.00 FEET WEST OF SAID LINE, S 00°00' 44" W, 327.57 FEET TO THE SOUTH LINE OF THE NW 1/4 OF THE SE 1/4 OF SAID SECTION 34;THENCE ALONG SAID LINE S 89° 36' 32" E, 40.00 FEET TO TILE EAST LINE OF THE W 1/2 OF THE SE 1/4 OF SAID SECTION 34; THENCE ALONG SAID LINE N 00°00'44" E, 1359.19 FEET TO THE NE CORNER OF THE NW 1/4 OF THE SE 1/4 OF SAID SECTION 34,SAID POINT ALSO BEING THE APPROXIMATE CENTERLINE OF THE CACHE LA POUDRE RIVER;THENCE ALONG THE SAID APPROXIMATE CENTERLINE OF SAID RIVER THE FOLLOWING 28 COURSES AND DISTANCES; S 64° 54' 19" W, 59.83 FEET; S 67°42' 00" W, 352.00 FEET; S 62°56'00"W, 160.00 FEET; N 77°05'00" W, 197.00 FEET; N 51°56'00" W, 150.00 FEET; N 33° 23'00" W, 269.00 FEET; N 10°28' 00" E, 783.00 FEET; N 23°38' 00" W, 115.00 FEET; N 55°58' 00" W, 220.00 FEET; N 70°40' 00" W, 225.00 FEET; N 77° 15' 00' \Ai, 421.00 FEET; N 60° 34'00" W, 152.00 FEET; S 86°28'00"W, 300.00 FEET; S 68°21' 00" W, 209.00 FEET; S 48° 39' 00"W, 283.00 FEET; S 20°38' 00" W, 144.00 FEET; S 47° 36' 00' E, 355.00 FEET; S 48°09'00' E, 332.00 FEET;S 24° 53' 00" E,253.00 FEET;S 41° 12'00" E, 242.00 FEET; S 18° 14' 00" E, 250.00 FEET; S 01°08'00" E,368.00 FEET; 5 12° 25'00" W, 185.00 FEET; S 13° 55' 00" E,413.00 FEET; S 34°45'00" E, 96.00 FEET;S 11°58'00" E,267.00 FEET; S 35° 18' 00"W, 150.00 FEET;S 69° 23' 25" W, 322.59 FEET TO THE TRUE POINT OF BEGINNING. • mm*a>vr•�e+�+ - SNOt1Y2J3d0 SVJ 9 11 Y 'IL �� .•>+n-s• =e.• .1/406 N33190N gg .9.lt9iRK3 i m f i I.j i HJ31VH131n ��.�^ phi ea.rr e.n . .eY9tla9,Y1e .1w __ I y y a etq iI i�j iiYE irileii ttl !>a■taittti ".■ Y1 IIi illili.e t.Illtt 31giet: Y�3a8�aiite3 Yp� Y[ f_�'y`Y I'YEE7=I f�1 Li kt, L' li ii Yt91ls S Ilitggi. ,4!!)tf 'yarn: �iAs�Yi�r.: �tf�t7.�itY3: !!'kts=i s _._..... .. tatif_:s�Yfi�7�.t Y sett=k'.k i i 9fepi9'eY 4 a a btsYX tt 1tYYa • i;si4i.iMit1051 .Y� gt ■'EYaaF_ it�':ES 2YC_al' iala8 !iki!..:ie Yt }i*. l,P - , tin a, o e :ii Yiefri--II if31w3SY�Yii.tatrs L•sc gs ypei3px4g8■r�ea: pi�;�pe. i=kf3l �k1 S ak1$st a� P ;Pill}aar6SYy lakyiisit 3t>lgriij k ' I E:f>i 1;1)!!;'t;li,!4l0IIIIsir±aivm il t--. 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ITO3.Mar••.r.r au../.w M"P M.NI.II1Y.OI.R.06•24 O.,,ft R.•.Rt.,-,a a IDw WI.4 Attachment 18: City of Greeley: Evidence of Attempt to Obtain Structure Agreement ('" C U S Postal Service'', CERTIFIED MAIL, RECEIPT (DamcslIC Mail Only;No Insurance Coverage Provided) Iti For delivery Intormatlori visit nut Websitc at www.usps.cam, cr - r i . 1 : IY L, U S rru� pcotaye s i •�.J/{'C Comp.`s;Fee C,ru �.---`1 GReturn R2ce Fee t� cm (Endoraernerd ileq./fed) O I tie. ' r1. Q F{osvterod ti, (Endc�xment�Iuhvd) �r 0 (3,,`a Total P e&Feue $ ,r (Q C� O GA nu r.o - r- Gay,Sztis Z1F44 G..os , a .0 , 1rS Kn!+fir lA p r tip„1 i SENDER:COMPLETE:THIS SECTION .r,ry r •r ■ complete Items 1,2,and 3.Also Cornpiete A tilanstum Item 4 H Restricted Delvivery is desired. x CI Apant • Print your name and address on the reverse 1 r. O Addressee so that we can rearm the card to you. B.Received by(- !I F !1 q„ C.Data of Delivery • Attach tNs card to the back of the meilpiece, +-,, or on the front tt space permits. D.Is detail,address dlRso a kern 1? O Yes 1. Article Addressed t« II YES,order dasvery address below. O No ()_\{Z. {L4,S Sr_.-Jr,-61-"Ni ot-1/4-- � w�6-0-- ::A9:!I2la--- /° co gL)CQ 3 a.wed moo O Exrees Man C9 O Rog st ed )3(RettJm Receipt tor Marthardise O insured Mau O C.A.D. 4. Restricted Delivery?Pea Fee) O Yt3a 2. Ankle Number 7007 2560 0000 2299 9774 (Transfer from service label!) PS Farm 3811,February 2004 Domestic Ream Receipt 1 02505-024 4-1540 fail TETRA TECH f November 30,2010 Mr.Roger Schmidt City of Greeley 1000 10th Street Greeley,CO 80631 RE: Manmade structures within 200'of the Iverson Mine Dear Mr. Schmidt: Lafarge West,Inc.(Lafarge)will be applying for a Regular 112 Reclamation Permit from the Colorado Division of Reclamation,Mining,and Safety (DRMS)to mine sand and gravel on the Iverson property which is located in Section 34 T6N,R66W of the 6th P.M., Weld County, Colorado. As is required by the DRMS,we are notifying you because the City of Greeley has a property fence between the City's F Street property and the Iverson property that is within 200'of the land that will be affected by mining and reclamation operations on the Iverson property. Therefore,the DRMS asks that Lafarge submit a notarized agreement between the City and Lafarge that indicates that Lafarge will compensate the City(the structure owner)for any damage to the fence caused by the mining. If an agreement cannot be reached, Lafarge is required to submit an engineering evaluation to demonstrate that the structure will not be damaged by the mining activities. Therefore,as part of the process of designing the mining and reclamation plan for the Iverson property, Lafarge asked Tetra Tech prepare a Stability Analysis Report to address the stability of permanent manmade structures within 200'of the mining operation areas. Attached is a copy of that Report. The Report indicates that while the proposed mining and reclamation activities on the Iverson property will be less than 200' from your fence. it should not pose a hazard to the fence. Attached are two copies of an Agreement that we have drafted which commits Lafarge to repairing, replacing or compensating you for any damage to the fence caused by the mining. We would ask that you or a representative from the City sign the Agreement, have the signature notarized and then mail one copy of the Agreement back to me at the address below. Pam Hora Tetra Tech 1900 S. Sunset Street,Suite IF Longmont,CO 80501 Phonr 303-772-5282 Email: pam.hora@tetratech com Upon receipt of the signed Agreement, I will have Lafarge's representative sign the Agreement and then I will mail you a copy for your records. Page 2 of 2 TETRA TECH Mr. Roger Schmidt 1,, • November 30, 2010 If 1 do not hear from you or receive the signed Agreement from you by January 31,2011, we will just submit a copy of this letter,the certified mailing receipt showing the letter was sent to you, and a copy of our Stability Analysis Report to the DRMS in order to satisfy the DRMS requirement. Please call me if you have any questions about this request Thank you for your attention to this matter_ Sincerely, TETRA TECH • Punela Franch flora,AICP Senior Planner Attachments: Structures Agreement Stability Analysis Report cc: Anne Best Johnson,AICP, Lafarge West,Inc. P-7±11+3)naI ivnnPD6.mbks.DIMS tppheI,,P,l alek,E,hb.sev.fpumm nee a,e C,.,Im.,d AGREEMENT TO MINE WITHIN 200 FEET OF PERMANENT MANMADE STRUCTURES THIS AGREEMENT,entered into by and between Lafarge West,Inc.,hereinafter called"Lafarge",whose address is 11409 Business Park Circle,Suite 200,Longmont,CO 80504,and: City of Greeley 1000 10'"Street,Greeley,CO 80631 Hereinafter referred to as the"Structure Owner". The Colorado Mined Land Reclamation Act requires that landowners adjacent to a proposed mining operation be informed about the mine and the reclamation. Further,the Act provides protection for structures that are within 200 feet of a mining operation. Lafarge will be submitting an application to the State of Colorado Division of Reclamation,Mining and Safety for a 112 Reclamation Permit and an application to Weld County for a Use by Special Review Permit for the Iverson Mine,a sand and gravel mining operation to located within Section 34,T6N,R66W of the 61h P.M.,Weld County,Colorado. The Structure Owner owns a permanent manmade structure or structures within 200 feet of the land affected by the mining and reclamation operations. The description of the structure(s) is as follows: Fence Lafarge must attempt to obtain permission from Structure Owner in order to conduct operations closer than 200 feet to the structures owned by the Structure Owner. In addition, Lafarge must commit to repairing,replacing,or compensating Structure Owner for any damage that might be caused to its structure by the mining operation of Lafarge at this site. By this agreement, Structure Owner consents to Lafarge conducting mining operations less than 200 feet from Structure Owner's structure(s). Lafarge commits that,if its operation causes damages to Structure Owner's structure(s)within 200 feet of said operations,Lafarge will repair or replace such structure or compensate Structure Owner for the value of said structure. Page 1 of 2 The parties hereto acknowledge and agree to the above-stated items. AGREED: Lafarge West,Inc. By: Date: Todd Ohlheiser Vice President Rocky Mountain Agg State of Colorado ) )ss. County of ) The foregoing instrument was acknowledged before me this day of ,20 ,by Todd Ohlheiser,Vice President of Rocky Mountain Agg of Lafarge West,Inc. My Commission Expires: Notary Public City of Greeley Date: State of Colorado ) )ss. County of ) The foregoing instrument was acknowledged before me this day of ,20 ,by as for the City of Greeley. My Commission Expires: Notary Public P 12111 I 133-2351I-100011DelimobleilDRAISIApplicalloc Packooctolit s1Gad,2 Ann doc Page 2 of 2 Hora, Pam From: Lory Stephens[lory.stephens@greeleygov.comj Sent: Friday,January 28,2011 4:50 PM To: Hora, Pam Cc: Katie Wiktor; Roger Schmidt Subject: Structures Agreement-City of Greeley Attachments: COG letter to Tetra Tech.pdf; Lafarge Greeley Agreement re F-Street fence 1.26.11.doc Good afternoon Pam, I was able to get these done today! Please see the attached letter and redlined agreement Please let me know if you have any questions or concerns. Best regards, Lory Stephens Sr. Administrative Specialist Water and Sewer Department 11OO 1Oth Street#3OO Greeley, CO 80631 97O-35O-9812 97O-35O-9805 fax It's free! Subscribe now so you won't miss the next edition of City Scoop,the City's monthly E-newsletter. ist Please consider the environment before printing this e-mail. My share of the work may be limited, but the fact that it is work makes it precious. —Helen Keller Confidentiality Note: This electronic message contains information from the City of Greeley Water and Sewer Deportment, which may be confidential, legally privileged or otherwise protected from disclosure.This information is intended for the use of the addressee only.If you are not the intended recipient,you are hereby notified that any disclosure,copying,distribution, printing or any other use of,or any action in reliance on,the contents of this electronic message is strictly prohibited.If you have received this communication in error,please notify us by telephone at 970-350-9812 and destroy the original message. 1 City of f�f G reele):ado Glen'.Prom ilAc Groand Up. January 26,2011 Tetra Tech Attention: Pam flora 1900 S.Sunset Street,Suite 1F Longmont,CO 80501 Dear Pam, Thank you for providing the City of Greeley notice and a chance to comment on Lafarge's mining activities proposed on the Iverson property. Attached is a redlined version of the "Agreement to Mine Within 200 Feet of Permanent Manmade Structures," which you provided as an attachment to your November 30, 2010 letter. As you will see in the redlines to the Agreement, Greeley would like an exhibit attached showing the approximate location of the fence referenced in the Agreement. Please let us know if these changes are acceptable to TetraTech and Lafarge. Feel free to contact me if youu have any questions regarding Greeley's proposed changes. V(471ely Roger Schmidt _.___Sawa Water Operations Supervisor Water and Sewer Department . 1100 10th Street,Suite 300,Greeley,CO 80631 • (970)350-9811 Fax(970)350-9805 We promise to preserve and improve the quality of life for Greeley though timely,courteous and cost-effective service. AGREEMENT TO MINE WITHIN 200 FEET OF PERMANENT MANMADE STRUCTURES THIS AGREEMENT,entered into by and between Lafarge West, Inc.,hereinafter called"Lafarge",whose address is 11409 Business Park Circle, Suite 200,Longmont,CO 80504, and: City of Greeley 1000 10th Street,Greeley,CO 80631 Hereinafter referred to as the"Structure Owner". The Colorado Mined Land Reclamation Act requires that landowners adjacent to a proposed mining operation be informed about the mine and the reclamation. Further,the Act provides protection for structures that are within 200 feet of a mining operation. Lafarge will be submitting an application to the State of Colorado Division of Reclamation,Mining and Safety for a 112 Reclamation Permit and an application to Weld County for a Use by Special Review Permit for the Iverson Mine,a sand and gravel mining operation to located within Section 34,T6N, R66W of the 6'"P.M.,Weld County, Colorado. The Structure Owner owns a permanent manmade structure or structures within 200 feet of the land affected by the mining and reclamation operations. The description of the structure(s) is as follows: } Fence, the location of which is shown on Exhibit A Lafarge must attempt to obtain permission from Structure Owner in order to conduct operations closer than 200 feet to the structures owned by the Structure Owner. In addition, Lafarge must commit to repairing,replacing,or compensating Structure Owner for any damage that might be caused to its structure by the mining operation of Lafarge at this site. By this agreement,Structure Owner consents to Lafarge conducting mining operations less than 200 feet from Structure Owner's structure(s). Lafarge commits that, if its operation causes damages to Structure Owner's structure(s) within 200 feet of said operations, Lafarge will repair or replace such structure or compensate Structure Owner for the value of said structure within 72 hours of causing damage or within a timeframe mutually agreed upon by both parties in writing. If damage is caused, Lafarge agrees to repair or replace the fence to the condition existing, rior toLafar .e's mining activities. Page 1 of 2 The parties hereto acknowledge and agree to the above-stated items. AGREED: Lafarge West,Inc. By: Date: Todd Ohlheiser Vice President Rocky Mountain Agg of Lafarge West, Inc. State of Colorado ) )ss. County of ) The foregoing instrument was acknowledged before me this day of ,20 , by Todd Ohlheiser, Vice President of Rocky Mountain Agg of Lafarge West, Inc. My Commission Expires: Notary Public City of Greeley Date: State of Colorado ) )ss. County of ) The foregoing instrument was acknowledged before me this day of , 20 , by as for the City of Greeley. My Commission Expires: Notary Public P\BSI 11131?1511 1000:McbccrahlecORMSUPPhalxrn PaekageL ahib1 S 1reeky Agrrn doc Page 2 of 2 Hora, Pam From: Anne.Johnson@lafarge-na.com Sent Friday, February 11,2011 1:22 PM To: Roger.Schmidt@Greeleygov.com; lory.stephens@greeleygov.com Cc: John.VanVoorhis@lafarge-na.com; Hora, Pam Subject: Lafarge Structure Agreement for Fence Attachments: Greeley draft 2.11.11.doc Dear Roger and Lory, Please see attached revision per our telephone conversation yesterday. Give me a call or email with any questions. Sincerely, Anne (See attached file: Greeley draft 2.11.11.doc) Anne Best Johnson, AICP Land Manager I Western U.S. Land I Lafarge North America Inc. Western US Aggregate 111409 Business Park Circle, Suite 200 I Longmont I CO 180504 office (303) 684-2307 I mobile (303) 653-4101 I fax (303) 684-2327 e-mail Anne.Best Johnson( lafarge-na.com 1 AGREEMENT TO MINE WITHIN 200 FEET OF PERMANENT MANMADE STRUCTURES THIS AGREEMENT,entered into by and between Lafarge West, Inc.,hereinafter called "Lafarge",whose address is 11409 Business Park Circle, Suite 200,Longmont,CO 80504,and: City of Greeley 1000 10th Street, Greeley, CO 80631 Hereinafter referred to as the"Structure Owner". The Colorado Mined Land Reclamation Act requires that landowners adjacent to a proposed mining operation be informed about the mine and the reclamation. Further,the Act provides protection for structures that are within 200 feet of a mining operation. Lafarge will be submitting an application to the State of Colorado Division of Reclamation,Mining and Safety for a 112 Reclamation Permit and an application to Weld County for a Use by Special Review Permit for the Iverson Mine, a sand and gravel mining operation to located within Section 34,T6N,R66W of the 6th P.M.,Weld County, Colorado. The Structure Owner owns a permanent manmade structure or structures within 200 feet of the land affected by the mining and reclamation operations. The description of the structure(s) is as follows: Fence. the location of which is shown on Exhibit A Lafarge must attempt to obtain permission from Structure Owner in order to conduct operations closer than 200 feet to the structures owned by the Structure Owner. In addition, Lafarge must commit to repairing,replacing,or compensating Structure Owner for any damage that might be caused to its structure by the mining operation of Lafarge at this site. By this agreement,Structure Owner consents to Lafarge conducting mining operations less than 200 feet from Structure Owner's structure(s). Lafarge commits that,if its operation causes damages to Structure Owner's structure(s) within 200 feet of said operations, Lafarge will repair or replace such structure or compensate Structure Owner for the value of said structure within five(5) business days 72 hours of causim2 damage or within a timeframe mutually agreed upon by both parties in writinw._If darnat*e is caused, Lafarge agrees to repair or replace the fence to the condition existine prior to Lafarge's minim!activities. Page 1 of 3 The parties hereto acknowledge and agree to the above-stated items. AGREED: Lafarge West,Inc. By: Date: Todd Ohlheiser Vice President Rocky Mountain Agg of Lafarge West Inc. State of Colorado ) )ss. County of ) The foregoing instrument was acknowledged before me this day of ,20 ,by Todd Ohlheiser,Vice President of Rocky Mountain Agg of Lafarge West, Inc. My Commission Expires: Notary Public City of Greeley Date: State of Colorado ) )ss. County of ) The foregoing instrument was acknowledged before me this day of , 20 , by as for the City of Greeley. My Commission Expires: Notary Public Page 2 of 3 Exhibit A: Location of Fence Coming from TetraTech. To be supplied with next draft. Note that prior to mining, Lafarge will photograph current conditions. M235111111-23511 100021Drin enhkalpRMSIApplicrlkw PadugeTdob,i Scree icy Aeon doc Page 3 of 3 Attachment 19: Boyd Irrigation Company: Evidence of Attempt to Obtain Structure Agreement C" l L U.S. Postal Service CERTIFIED MAIL,:, RECEIPT a0 (Domestic Mai!Only;No Insurance Coverage Provided) ? : „0• F•r.slivery rnfonnation vrsil. we.silr.Bt www.usps,c.m. Cri F CLs l_ USE °' Poen") $ .SG $ o / Certiftd Fee ' V ("6 � C-.1Return Reoetpl Fee �T&c (Er•ammnentRequhed) �.3o Flat CI Raet ()Oven/Fee .0_i ,ErdcTwrneri Ree ud) 1, •`� IM NY ul `atie costive a F $ .{o G X07 r / rU aGi v kc, 11 tiiCf,e°Barffo. 1.Q.Q._...L� -} it.:. ( `SEN'E' t+N CU ? EFTE.7I11$SEC71:)Y 0 JLEL1Yc,�'f e Comp He items 1,,2,end a Also complete A. Si wa-'- "_, Item 4Delivery Is deatred. ) O Agent INPrintyour name and address on the reverse X ' - --c--.. -------------Er Addresses so that we can return the card to yoU. a. ,"A ( ,._ . ,.,,,.:. C. .:. .. . : ■ Attach this card to the back of the maitpiece, c/ or on the front if space permits. a, . 1. Artlde Addressee t0 D. Is delivery address dtY w t tom Rem 1?tt YES,enter delivery • (Yr 5, LO `C 42n(-1? -Q�S address below a No ( bLI d —rri, Do�''Ci(, -.J c„,.-9 l }a o to -1,-kr-, St t S . Sap- s.rviooa.d,yps /- candled Mao O Express Mal r-4.R- �✓J CO E Qv 3 1 C}Instead Mal �t fa M andlee (4. Restricted Calvary?(afro Fe O Yes 2 ArtldMNumber 7007 2560 0000 2299 9668 PS Form 3811,February 2004 Deme io Rattan Receipt tam-.teao • TETRA TECH November 30,2010 Ms. Lory Stephens Boyd Irrigation Company 1100 101h Street,Suite 300 Greeley,CO 80631 RE: Manmade structures within 200'of the Iverson Mine Dear Ms.Stephens: Lafarge West,Inc. (Lafarge)will be applying for a Regular 112 Reclamation Permit from the Colorado Division of Reclamation,Mining,and Safety(DRMS)to mine sand and gravel on the Iverson property which is located in Section 34 T6N,R66W of the 6i°P.M.,Weld County, Colorado. As is required by the DRMS,we are notifying you on behalf of the Boyd Irrigation Company because the Boyd Freeman Ditch will be within 200' of the land that will be affected by mining and reclamation operations on the Iverson property. Therefore,the DRMS asks that Lafarge submit a notarized agreement between the Boyd Irrigation Company and Lafarge that indicates that Lafarge will compensate the Company(the structure owner)for any damage to the Boyd Freeman Ditch caused by the mining. If an agreement cannot be reached,Lafarge is required to submit an engineering evaluation to demonstrate that the structure will not be damaged by the mining activities. Therefore,as part of the process of designing the mining and reclamation plan for the Iverson property,Lafarge asked Tetra Tech prepare a Stability Analysis Report to address the stability of permanent manmade structures within 200'of the mining operation areas. Attached is a copy of that Report. The Report indicates that while the proposed mining and reclamation activities on the Iverson property will be less than 200' from the Boyd Freeman Ditch, it should not pose a hazard to the ditch. Attached are two copies of an Agreement that we have drafted which commits Lafarge to repairing, replacing or compensating you for any damage to the ditch caused by the mining. We would ask that you coordinate with the Ditch Company's Board to have a representative sign the Agreement, have the signature notarized and then mail one copy of the Agreement back to me at the address below Pam Elora Tetra Tech 1900 S. Sunset Street, Suite IF Longmont, CO 80501 Phone: 303.772-5282 Email: pam hora@tetratech corn TETRA TECH Page p e 2 ri lbMs. Lory Stephens November 30.2010 Upon receipt of the signed Agreement, 1 will have Lafarge's representative sign the Agreement and then I will mail you a copy for your records. If I do not hear from you or receive the signed Agreement by January 31,2011,we will just submit a copy of this letter,the certified mailing receipt showing the letter was sent to you, and a copy of our Stability Analysis Report to the DRMS in order to satisfy the DBMS requirement. Please call me if you have any questions about this request. Thank you for your attention to this matter. Sincerely, TETRA TECH L% ( iLIL7LGIIL C L Pamela Franch Hora,AICP Senior Planner Attachments: Structures Agreement Stability Analysis Report cc: Anne Best Johnson,AICP, Lafarge West,Inc. Is "I",. Pst ,i.iM.DN3m e4k.DIMS'rpireum P4M.eU.+MMe Mn AGREEMENT TO MINE WITHIN 200 FEET OF PERMANENT MANMADE STRUCTURES THIS AGREEMENT,entered into by and between Lafarge West,Inc.,hereinafter called"Lafarge",whose address is 11409 Business Park Circle, Suite 200,Longmont,CO 80504,and: The Boyd Irrigation Company 1100 10th Street,Suite 300,Greeley,CO 80631 Hereinafter referred to as the"Structure Owner". The Colorado Mined Land Reclamation Act requires that landowners adjacent to a proposed mining operation be informed about the mine and the reclamation. Further,the Act provides protection for structures that are within 200 feet of a mining operation. Lafarge will be submitting an application to the State of Colorado Division of Reclamation,Mining and Safety for a 112 Reclamation Permit and an application to Weld County for a Use by Special Review Permit for the Iverson Mine,a sand and gravel mining operation to located within Section 34,T6N,R66W of the 6th P.M.,Weld County,Colorado. The Structure Owner owns a permanent manmade structure or structures within 200 feet of the land affected by the mining and reclamation operations. The description of the structure(s) is as follows: Boyd Freeman Ditch Lafarge must attempt to obtain permission from Structure Owner in order to conduct operations closer than 200 feet to the structures owned by the Structure Owner. In addition, Lafarge must commit to repairing,replacing,or compensating Structure Owner for any damage that might be caused to its structure by the mining operation of Lafarge at this site. By this agreement, Structure Owner consents to Lafarge conducting mining operations less than 200 feet from Structure Owner's structure(s). Lafarge commits that,if its operation causes damages to Structure Owner's structure(s)within 200 feet of said operations,Lafarge will repair or replace such structure or compensate Structure Owner for the value of said structure. Page 1 of 2 The parties hereto acknowledge and agree to the above-stated items. AGREED: Lafarge West,Inc. By: Date: Todd Ohlheiser Vice President Rocky Mountain Agg State of Colorado ) )ss. County of ) The foregoing instrument was acknowledged before me this day of ,20 ,by Todd Ohlheiser,Vice President of Rocky Mountain Agg of Lafarge West,Inc. My Commission Expires: Notary Public The Boyd Freeman Irrigation Company Date: State of Colorado ) )ss. County of ) The foregoing instrument was acknowledged before me this day of ,20 ,by as for The Boyd Freeman Irrigation Company. My Commission Expires: Notary Public P W5111L-21511-IOOONktivn.t3e1DPASApptitniu0 PackentEsPilai SBsyd la Co Apml Oa Page 2 of 2 Flora, Pam From: Lory Stephens[lory.stephens@greeleygov.comj Sent: Friday,January 28, 2011 4:50 PM To: Hora, Pam Cc: Katie Wiktor; Roger Schmidt; Carl Hill;'meldinner@earthlink.net; Leif Lesoing Subject: Structures Agreement-Boyd Irrigation Company Attachments: BIC Letter to Tetra Tech.pdt; Tetra Tech-Boyd In.Co Agrmt 1.26.11.doc Good afternoon Pam, Please see the attached letter and redlined agreement. Please let me know if you have any questions or concerns. Best regards, Lory Stephens Secretary/Treasurer Boyd Irrigation Company 1100 10th Street#300 Greeley,CO 80631 970-350-9812 970-350-9805 fax It's free! Subscribe now so you won't miss the next edition of City Scoop,the City's monthly E-newsletter. A Please consider the environment before printing this e-mail. My share of the work may be limited, but the fact that it is work makes it precious. —Helen Keller Confidentiality Note: This electronic message contains information from the City of Greeley Water and Sewer Department, which may be confidential, legally privileged or otherwise protected from disclosure.This information is intended for the use of the addressee only.If you are not the intended recipient,you are hereby notified that any disclosure,copying,distribution, printing or any other use of,or any action in reliance on,the contents of this electronic message is strictly prohibited.If you have received this communication in error,please notify us by telephone at 970-350-9812 and destroy the original message. Boyd Irrigation Company 110010`h Street, Suite 300 Greeley, Colorado 80631 (970) 350-9812 January 26,2011 Tetra Tech Attention: Pam Hora 1900 S.Sunset Street,Suite 1F Longmont, CO 80501 Dear Pam, Thank you for providing the Boyd Irrigation Company notice and a chance to comment on Lafarge's mining activities proposed on the Iverson property. Attached is a redlined version of the "Agreement to Mine Within 200 Feet of Permanent Manmade Structures,"which you provided as an attachment to you November 30,2010 letter. Please let us know as soon as possible if these changes are acceptable to TetraTech and Lafarge. We would like to present the Agreement, as modified, to the Boyd Irrigation Company Board for approval at the annual meeting, currently scheduled for February 3, 2011. Please contact me if you have any questions regarding the Company's proposed changes. Sincerely, Roger Schmidt,President Boyd Irrigation Company Cc: Carl Hill,Vice-President,Boyd Irrigation Company Leif Lesoing,Director,Boyd Irrigation Company Mel Dinner,Esq. AGREEMENT TO MINE WITHIN 200 FEET OF PERMANENT MANMADE STRUCTURES THIS AGREEMENT,entered into by and between Lafarge West,Inc.,hereinafter called"Lafarge".whose address is 11409 Business Park Circle.Suite 200,Longmont,CO 80504,and: The Boyd Irrigation Company 1100 10th Street,Suite 300,Greeley,CO 80631 Hereinafter referred to as the"Structure Owner". The Colorado Mined Land Reclamation Act requires that landowners adjacent to a proposed mining operation be informed about the mine and the reclamation. Further,the Act provides protection for structures that are within 200 feet of a mining operation. Lafarge will be submitting an application to the State of Colorado Division of Reclamation,Mining and Safety for a 112 Reclamation Permit and an application to Weld County for a Use by Special Review Permit for the Iverson Mine,a sand and gravel mining I operation to be located within Section 34.Townshr6Nortl;,Range 66West of the 6°i P.M., Weld County.Colorado. The Structure Owner owns a permanent manmade structure or structures within 200 feet of the land affected by the mining and reclamation operations. The description of the structure(s) is as follows: Boyd and Freeman Ditch Lafarge must attempt to obtain permission from Structure Owner in order to conduct operations closer than 200 feet to the structures owned by the Structure Owner. In addition. Lafarge must fully altd_adequatelw -Mit-re-repairir, ,replaceift,or compensateitsg Structure Owner for any damage that might be caused to its structure,!sciurtineany and all interference of operations,by the mining operation of Lafarge at this site. By this agreement,Structure Owner consents to Lafarge conducting mining operations less than 200 feet from Structure Owner's structure(s). Lafarge commits that,if its operation causes damages to Structure Owner's structure(s)within 200 feet of said operations.Lafarge will fully and adequately repair or replace such structure,or compensate_Structure 2wner for the value of said structure.as well as anv damage resultine from the loss gf irrigation water,as well as any loss that might be sustained 1y_aryy shareholder of the Con _any as a result of damages and any and all interference or difficulty with operations of the Boyd and Freeman Ditch or its related structures and/or equipment. All repairs or replacementswill cur,within 72 hours of causing damage or wi_thina tirneframe nmtuallagreeed von b hoth panic;ri writinc._The Boyd Irrigation Cow any Board in its sole discretion,will decide whether the damaged struetue will he repaired.re t.sced or if the Company' will be compensated for the damage„...Al Page of 3 • repairs or replacements to damaged structures will he to the condition existing prior to L_afaree's activities. Lafarge will provide proof of liability insurance not less than$25,600,000 to the Boyd - - {Formatted:Indent:FhsHine: asp _.. _-- irritation Cgmpany before mining activities Commence. . the-W043 44 s.,,A-41-11+C-14Fe- Page2of3 The parties hereto acknowledge and agree to the above-stated items. AGREED: Lafarge West,Inc. By: _ Date: Todd Ohlheiser Vice President Rocky Mountain Agg of Lafarge West, Inc. State of Colorado ) )ss. County of The foregoing instrument was acknowledged before me this day of ,20 ,by Todd Ohlheiser,Vice President of Rocky Mountain Agg of Lafarge West,Inc. My Commission Expires: Notary Public I The Boyd Freemnrt-Irrigation Company Date: State of Colorado ) )ss. County of The foregoing instrument was acknowledged before me this day of ,20 ,by as for The Boyd Freeman Irrigation Company. 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