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Home My WebLink About20111759 • From: Ray Tennyson fmailto:rt0492©hotmail.coml Sent: Sunday, March 27, 2011 10:26 AM To: Chris Gathman Subject: USR-1779 To whom this may concern. I am a property owner next to the proposed project, my concern is with animal control. In recent years, due to the subdivisions and other building that has been going on over there prairie dogs have invaded my property. I have been held responsible for their removal by the irrigation company that governs the canal #3 that runs through my property. This is a costly concern. If more wild life such as prairie dogs are forced to move into other locations due to the disruption of their domain, I feel that it should be the responsibility of Lefarge to either have them exterminated before the project starts or offer help to the land owners around this project to help keep them under control. I know this sounds trivial, but it is a huge concern to me. I would appreciate a reply to my concern at your convenience, Thank you. Ray Tennyson. My address is 12232 So. 2240 W. Riverton, Utah 84065. Cell phone # 801-674-8971. • • EXHIBIT 2011-1759 I _ • Lafarge uSR-1779 Prairie Dog Response 032911.txt From: Anne.Johnson@lafarge-na.com Sent: Tuesday, March 29, 2011 11:26 AM To: rt0492@hotmai1 .com Cc: Pam.Hora@tetratech.com; Chris Gathman; David.Jordan@lafarge-na.com Subject: Lafarge uSR-1779 Dear Ray, Thank you for your inquiry regarding Prairie Dogs. At the current time, the Iverson property does not have any Prairie Dogs. The current property owner, Tim Iverson, confirmed this morning that there are no Prairie Dogs on site. Mr. Iverson wanted me to invite you to his property to take a look at the site to confirm if you would like to do so. Also, Mr. Iverson indicated he may be able to help with your site. His number is (970) 302-9051. Sincerely, Anne 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 Iafax (303) 684-2327 e-mail Anne.Best Johnson@lafarge-na.com ii Chris Gathman <cgathman@co.weld .co.us> 03/28/2011 06: 55 • AM I To: "Hora, Pam" <Pam.Hora@tetratech.com> I cc: " 'anne.johnson@lafarge-na.com'" <anne.johnson@lafarge-na.com> • I Subject: FW: USR-1779 EXHIBIT Page 1 (De.v • Lafarge USR-1779 Prairie Dog Response 032911.txt FYI. Chris Gathman Planner III weld County Department of Planning services 1555 N. 17th Avenue, Greeley Co. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Ray Tennyson [mailto: rt0492@hotmail .com] • sent: Sunday, March 27, 2011 10:26 AM To: chris Gathman subject: uSR-1779 To whom this may concern. I am a property owner next to the proposed project, my concern is with animal control . In recent years, due to the subdivisions and other building that has been going on over there prairie dogs have invaded my property. I have been held responsible for their removal by the irrigation company that governs the canal #3 that runs through my property. This is a costly concern. If more wild life such as prairie dogs are forced to move into other locations due to the disruption of their domain, I feel that it should be the responsibility of Lefarge to either have them exterminated before the project starts or offer help to the land owners around this project to help keep them under control . I know this sounds trivial , but it is a huge concern to me. I would appreciate a reply to my concern at your convenience, Thank you. Ray Tennyson. My address is 12232 So. 2240 w. Riverton, Utah 84065. Cell phone # 801-674-8971. • Page 2 • Compatible Development and Surface Use Agreement THIS COMPWBLE DF,VELQPMENT AND SURFACE USE AGREEMENT ("Agreement"), dated effective thisG� day of Afar 4 , 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 (i) 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 EXHIBIT 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 back:fill 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 Agreement 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 in11 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 knowledge 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 flowlines 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 flowline 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, flowlines 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, flowlines 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 flowline,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 flowlines 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 aclmowledge 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: • 50]1 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. 2?. 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 weilsite 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. 35. 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 acknowledgements, but to be effective on the date set forth above. fi NOBLE ENERGY, INC. LAFARGE WEST, 1NC. / By: / By: Jose G Tod Ohlheiser,VP GM p Rocky Mountain Aggregates Attgrney- � gST • By: Tim D. Iverson - 11 - Ill By. e.,i.e Iverson ACKNOWLDEGEMENTS STATE OF COLORADO ) CITY AND ) ss. COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 3I day of )�1l CU , 2011, by Joseph H.Lorenzo, as Attorney-In-Fact of Noble Energy, Inc.on behalf of such corporation. 1 adiebigikigg6t NOTARY PUBLIC • 1A21/M- L� Notary Public My Commission Expires: D JC o2-(o 010/ III STATE OF COLORADO ) ) ss. COUNTY OFJcV'e2CY\ ) The foregoing instrument was acknowledged before me this day of AUI .CA-- , 2011, by Todd Ohlheiser as General Manaeer of Lafarge West, Inc. on behalf of said corporation. Witness my hand and official seal. � / r -f1CTas�CL 2 - L,t,.Z.„ Notary Public My Commission Expires: "'36' r `\`\�Q,..\p 5. STFA,,, „ O ,,OTARy .u' -• U Ili..•...............O.P��.`. • � ,��/�,/OFrrClV \\\\\. - 12 - III STATE OF COLORADO ) ) ss. COUNTY OF �,4J'd ) The foregoing instrument was acknowledged before me this:23 day of/3lairt.4L ,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 d for the uses and purposes therein set forth. itness my hand lm fficial seal. SARAN show 41 r qPe Q .6ov° otary Public • My Commission Expires: _ . • STATE OF COLORADO ) ) ss. COUNTY OF I,U,LL61. ) The foregoing instrument was acknowledged before me this day of 4►(i id(, 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. Willie 4 my hand and official seal. SARAH ) SNOW ��lo�co'. —D Notary Public My Commission Expires: Q ..9-1 -, OIL • - 13 - I 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 740 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 740 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 THE 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"W, 421.00 FEET; N 60°34'00" W, 152.00 FEET; S 86°28'00"W, 300.00 FEET;S 68° 21100" W, 209.00 FEET; 5 48°39' 00"W,283.00 FEET; S 20° 38'00" W, 144.00 FEET;S 47°36' 00' E,355.00 FEET;5 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; S 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. • �m .wae..— —{ SNOLL1M3dOSVJ5ll0 ¢I;'F.,w.„0 0 i H331 t3t n M e...— !}1 w, . ..� — 1 dd .° UK ..nw •3ommywn a a aaaiira ,;a iii<' iiiftl d Lana k gg'g: ?ii=r d is i1a ra+i] y°-,-;,;!;E4:ia ,e, -( t, , a_i G rea k aq ligpi4d:1iyagk rgtl 3ik 61 aa e s3 1 l3A7`1 9 a Wa.a 3 -rkiFiii p e 8 Y71kr y iY - E -i dr4l!Iliiii rt-Ziz,i..`3 ilayra: g!i�i5siprg ,E t., i- r.k s a ilY igiLlks�w'r W 25 "-',EE5.1 =cf aaa ! ibIl yt takv Y.kee d e• 1.11eV!., tracg.aii 3./g` 4°w..S5:•q • U o S�-6i: aYkiiY� =-y=1�Ce 0�. �'��"Li4=Y 1 ..C•' LL il • U ' 11 cc w 1 " D wui ? 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Engineering Development Manager City of Greeley 1100 10th Street, Ste 402 Greeley, CO 80631 RE: Response to the City of Greeley's Comments regarding Iverson Mine(Weld County USR-1779) Dear Mr. Glosson: Chris Gathman forwarded us a copy of your comments regarding the Iverson Mine dated April 13, 2011 (it should be noted that in your cover letter, you incorrectly referred to the project as Review of WCR 5:11). We have reviewed the City's comments and below are Lafarge's responses to the comments: • In response to comments made by Darrell Gesick, Lafarge is willing to install a STOP sign at the end of the driveway north of the trail with a caution sign to watch for bicyclists and pedestrians. In addition, heavy machinery will only cross the trail at this location on a very limited basis. • In response to Rocky Keeth's floodplain comments: o Stockpiled materials and equipment will not be stored above existing grade within the floodway. It is possible that materials and equipment may be stored within the mapped • limits of the floodway, but only in areas excavated below existing grade. o We have a FHDP application under review by Weld County and, as is required, a registered professional engineer will certify that the excavation and reclamation activities will not result in an increase in the base flood elevations. The certification will be based on a HEC-RAS model that shows the"before" and "after" conditions. o The proposed conveyor is proposed to be elevated at least 1' above the base flood elevation and it will be anchored to the ground with rebar to prevent movement/floatation. o Inflow and outflow structures and adequate mining setbacks are being proposed to protect the stability of the Cache la Poudre River from the proposed mining activities. o Lafarge acknowledges that the mining area will be prone to flooding during spring runoff. • In response to Rocky Keeth's Water and Sewer comments, Greeley will need to field locate and mark the location of the 36" sanitary sewer main and then Lafarge will pothole the line to determine how deep it is buried. The results of the potholing will then be shared with the City at least 30 days prior to commencement of operations so that the City can decide if additional cover is needed over the sewer line to support Lafarge's heavy equipment driving over the top. Please let me know if you have any questions. Sincerely, TETRA TECH --fekridet_‘/A,CriVit—C7Vn— EXHIBIT Pamela Franch Hora, AICP Senior Planner W • cc: Anne Johnson, Lafarge West, Inc. G 1900 5.Sunset Street.Suite I-F.Longmont.CO 80501 Tel 303772.5282 Fax 3037727039 wwwtetratech_corn EXHIBIT lbTETRA TECH 46-0 May 27, 2011 Mr. Chris Gathman Department of Planning Services 1555 N. 17th Avenue Greeley, CO 80631 RE: Iverson Mine USR-1779 Response to Referral Comments Dear Chris: We received copies of referral comments that you forwarded to us from the Public Works Department, Department of Planning Services Building Inspection Division, Environmental Health Services, Colorado Division of Water Resources, Noble Energy, Ray Tennyson, and the City of Greeley. We also received the documentation indicating that the Zoning Compliance Division and West Greeley Conservation District had no comments. Below is a listing of each of the comments that were made on the proposed Iverson Mine USR-1779 application followed by our responses in italics. We would ask that you take this information into consideration when preparing your Planning Commission report and list of recommended Conditions of Approval. Public Works Department • Weld County Road Classification Plan: F Street is a local paved road and requires a 60-foot right-of-way at full build out. There is presently a 60- foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. Noted-no further comment required. Access/Roadway: The site will utilize a main access onto F Street. The applicant has obtained an access permit from the County for this access (AP11-00012). 1. Mined aggregate will be transported offsite via conveyors. This is true. Site: 2. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/ landowner shall be responsible for controlling the noxious weeds. Lafarge acknowledges this responsibility. 3. Please substitute Slender or Stream bank Wheatgrass for the Basin Wildrye in the proposed seed mix. Please utilize a seeding rate or 14-16 PLS for both seed mixes. Contact Tina Booton, Weed Division Supervisor, with any questions or requests for substitutions (970-304-6491 x3770). We have revised the seed mix for the transitional zone/water's edge to substitute Streambank Wheatgrass for the Basin Wildrye. We have also used a seeding rate of 15.01 PLS for both seed mixes. Stormwater: 4. The site is located within the FEMA mapped Zone AE 100-Year Floodplain and the floodway. • Weld County Code Section 23-5-250 prohibits development including but not limited to the construction of buildings and the placement of fill (stockpiles)within the floodway. With the exception of areas that will be excavated below existing grade, no buildings or stockpiles are proposed to be placed in the floodway. TETRA TECH Page 2 of 6 IDMr. Chris Gathman May 27, 2011 5. Prior to recording the plat, a Flood Hazard Development Permit(FHDP) is required in order to show the impact of the mining operations on the 100-year water surface elevation within the FEMA designated floodplain and floodway. Please note that it will be necessary to utilize hydraulic modeling showing the impact of mining on adjacent properties. A FHDP was submitted to the County and reviewed by Clay Kimmi. We are in the process of responding to comments made by Mr. Kimmi regarding the FHDP application. Hydraulic modeling was used to determine the impact of mining on adjacent properties. 6. Please show the location of the conveyor on the site plan. if the conveyor will be constructed in the floodplain, it will need to be covered in the FHDP. The conveyor will come onto the Iverson Mine site at the southeast corner and then go directly down, below the surface into the Iverson Mining cell. Lafarge will move the conveyor around in the bottom of the mining cell as mining proceeds. Because the conveyor will be moving around, it is difficult to show the location of the conveyor on the site plan map. However, our FHDP application did address the conveyor because the FHDP boundary does not follow the USR boundary—it covers the area where the conveyor will be aboveground across the City of Greeley property in the floodplain. 7. Note that topsoil, overburden, and product stockpiles cannot be placed in the floodway. Stockpiles located within the 100-year floodplain cannot impact the water surface elevations on the adjacent properties not owned by the applicant unless the affected landowners have provided signoff that they accept the proposed impact. Stockpiles must also be oriented to be parallel to the flood flows in order to minimize the impact to adjacent properties. No topsoil, overburden or product stockpiles are proposed to be placed above existing grade in the floodway. As indicated in our Flood Hazard Development Permit application, the stockpiles proposed within the 100-year floodplain will not impact the water surface elevations on the • adjacent properties not owned by the Iverson. 8. A berm approximately 4,000 feet long has been constructed along the south bank of the Poudre River in the floodway. The berm was constructed without a flood hazard development permit. FEMA regulations do not allow fill such as berms to be constructed in the floodway unless the fill has been shown to cause no rise in the floodway water surface elevations. The applicant must show proof that FEMA has reviewed and accepted a letter of map revision regarding the berm placement or remove the berm from within the floodway. As agreed in the meeting with the County, Tetra Tech and Lafarge, if Mr. Iverson does not remove the berm prior to Lafarge initiating operations on the site, Lafarge will commit to removing the berm within 30 days of commencing operations on the Iverson Mine site. 9. Pursuant to the attached letter from FEMA dated January 13, 2011, the applicant shall obtain a Letter of Map Revision (LOMR)from FEMA prior to release of the mining permit from DRMS. We spoke to Tony Waldron at the DRMS about this comment and he told us that the floodplain is a County issue, not a DRMS issue; therefore, the DRMS will not require a LOMB prior to the release of the DRMS permit. 10. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. The Flood Hazard Development Permit application reflects this requirement. 11. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. The storm water capture/quantity volume was calculated to be 0.56 acre-ft which is equal to a depth of approximately 0.2 inches in the pond. The total pond has a volume of 666.33 acre-ft. with a capacity of 555.49 acre-ft. below the spillway and 110.83 acre-ft. above the spillway. In cases where the water surface elevation of the pond is below the spillway crest elevation, the • water quality capture volume is always contained in the reservoir. When the water surface elevation is at the spillway crest elevation, it is our opinion that the pond will function similarly to a water quality capture pond. ID TETRA TECH Page 3 of 6 Mr. Chris Gathman May 27, 2011 12. Please provide a copy of the approved Storm Water Management Plan permit once it has been obtained from the State. The applicant is required to comply with all Colorado Department of Health and Environment, Water Quality Control Division regulations regarding storm water quality permitting and protection and construction of storm water discharges. The permit will be provided once it is obtained. Building Inspection Division 1. Applicant's statement indicates there will be no construction on site. Conveyors are proposed to be installed. Electrical permits are required if electric is ran to conveyors. Electrical permits will be obtained to run the conveyors. 2. The site visit performed on 3/30/11 revealed 4 structures that require building permits which according to county records, no building permits were obtained. Permits are required for each of the existing 4 structures. Building permits will be reviewed and inspected under the 2006 International Residential Code and the 2008 NEC. This is a personal property issue for Mr. and Mrs. Iverson that is unrelated to the Iverson Mine application. It will be the lversons'responsibility to resolve this issue. In addition, the Iverson Mine USR boundary excludes these 4 structures. Environmental Health We recommend the following requirements be met prior to allowing the plat to be recorded: 1. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application from the Air Pollution Control Division, Colorado Department of Health and • Environmental Health Services Division of the Weld County Department of Public Health & Environment. Alternatively, the applicant can provide evidence from the Air Pollution Control Division, Colorado Department of Health and Environment that they are not subject to these requirements. Lafarge will submit an APEN prior to recording the plat. 2. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS)from the Water Quality Control Division of the Colorado Department of Health and Environment for any proposed discharge into State Waterways to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. Alternatively, the applicant can provide evidence from the Water Quality Control Division of the Colorado Department of Health and Environment that they are not subject to these requirements. Attached please find a copy of the CDPS permit. Since we are providing the requested documentation now, please eliminate this as a Condition of Approval prior to recording the plat. 3. The applicant shall submit evidence of an Aboveground Storage Tank permit from the Colorado Department of Labor and Employment(CDL&E), Oil Inspection Section for any aboveground storage tanks located on the site to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. Alternatively, the applicant can provide evidence from the CDL&E, Oil Inspection Section that they are not subject to these requirements. Next week, Corey Hansen with Lafarge would like to schedule a conference call between himself, Lauren Light, and a representative from the CDL&E to discuss this requirement. It is possible that we may request that this condition be pushed off until prior to operations because in order to get this permit or a determination that no permit is needed, Lafarge needs to know specifics about the tank. Lafarge will not have the required specifics until closer to the time that they are ready to begin operations at the site;it could be several months between the time that they are ready to record the plat and when they are ready to commence operations. 4. The applicant shall submit evidence of a spill prevention, spill control, and spill countermeasures • plan (SPCC Plan)for the Colorado Department of Labor and Employment Division of Oil and Public Safety Storage Tank Regulations to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. Alternatively, the applicant can provide evidence from the State that they are not subject to this requirement. IDTETRA TECH Page 4 of 6 Mr. Chris Gathman May 27, 2011 Lafarge will submit an SPCC prior to recording the plat. 5. The applicant shall submit written verification indicating whether the septic system permitted as SE-0500027 has been abandoned or is not currently utilized, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. Lafarge has no knowledge regarding the status of the lversons'septic system;therefore, this is an issue that will need to be addressed by the lversons, the landowners, rather than by Lafarge, the applicant. Therefore, we would ask that the condition language be modified in the Staff Report to the Planning Commission to say: "The landowner shall submit written verification..." We recommend that the following requirements be incorporated into the permit as development standards: 1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30- 20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. This is no meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. 4. The applicant shall operate in accordance with the approved "waste handling plan" at all times. 5. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 11001-14). 6. Any vehicle washing areas shall capture all effluent and prevent discharges from drum washing and the washing of vehicles in accordance with the Rules and Regulations of the Water Quality • Control Commission, and the Environmental Protection Agency. 7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved "dust abatement plan" at all times. 8. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in Section 14-9-30 of the Weld County Code. 9. Adequate drinking, handwashing and toilet facilities shall be provided for employees of the facility at all times. 10. Portable toilets may be utilized on sites that are temporary locations of the working face. 11. Bottled water shall be provided to employees at the temporary locations of the working fact at all times. 12. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. 13. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 14. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a matter that minimizes the release of hazardous air pollutants (HAP's)and volatile organic compounds (VOC's). 15. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health and Environment, Water Quality Control Division. 16. The operation shall comply with all applicable rules and regulations of the Colorado Division of Reclamation, Mining and Safety(OMLR). 17. The operation shall comply with the Mine Safety and Health Act. (MSHA) 18. The operation shall comply with the Occupational Safety and Health Act. (OSHA) 19. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. Lafarge agrees to all of these development standards; however, we wanted to point out one item to be • corrected. The acronym for the Division of Reclamation, Mining and Safety is DRMS, not OMLR (Development Standard 16). liaTETRA TECH Page 5 of 6 Mr. Chris Gathman May 27, 2011 Division of Water Resources The project will cause material injury to decreed water rights unless a gravel well permit is obtained from this office pursuant to an approved substitute water supply plan or decreed plan for augmentation prior to the exposure or use of any ground water at the site. Lafarge understands that a gravel well permit from the Division of Water Resources pursuant to an approved substitute water supply plan or decreed plan for augmentation is required prior to the exposure or use of any ground water at the Iverson Mine site. Noble Energy, Inc. Noble is currently working with Lafarge and the Iverson family to obtain an SUA. In the event that we do not agree upon an SUA by the objection deadline (April 1), we would provide an objection letter. Lafarge has been proactive and we are optimistic at this time. Attached please find a copy of the approved Surface Use Agreement between Lafarge and Noble Energy. Ray Tennyson I am a property owner next to the proposed project, my concern is with animal control. In recent years, due to the subdivisions and other building that has been going on over there prairie dogs have invaded. I have been held responsible for their removal by the irrigation company that governs the canal #3 that runs through my property. This is a costly concern. If more wildlife such as prairie dogs are forced to move into other locations due to the disruption of their domain, I feel that it should be the responsibility of • Lafarge to either have them exterminated before they project starts or offer help to the land owners around this project to help keep them under control. I know this sounds trivial, but it is a huge concern to me. I would appreciate a reply to my concern at your convenience. Anne Johnson emailed Mr. Tennyson to let him know that there are currently no prairie dogs on the Iverson property. In addition, she let him know that Tim Iverson said that he would be willing to help Mr. Tennyson control the prairie dogs on his property. City of Greeley We prepared a written response to the City of Greeley regarding their referral comments. A copy of the letter that we sent to Greeley is attached. To summarize, below are the points made in response to Greeley's comments. • Lafarge is willing to install a STOP sign at the end of the driveway north of the trail with a caution sign to watch for bicyclists and pedestrians. In addition, heavy machinery will only cross the trail at this location on a very limited basis. • In response to floodplain comments: o Stockpiled materials and equipment will not be stored above existing grade within the floodway. It is possible that materials and equipment may be stored within the mapped limits of the floodway, but only in areas excavated below existing grade. o We have a FHDP application under review by Weld County and, as is required, a registered professional engineer will certify that the excavation and reclamation activities will not result in an increase in the base flood elevations. The certification will be based on a HEC-RAS model that shows the "before"and "after"conditions. o The proposed conveyor is proposed to be elevated at least 1'above the base flood elevation and it will be anchored to the ground with rebar to prevent movement/floatation. o Inflow and outflow structures and adequate mining setbacks are being proposed to • protect the stability of the Cache la Poudre River from the proposed mining activities. o Lafarge acknowledges that the mining area will be prone to flooding during spring runoff. • Greeley will need to field locate and mark the location of the 36"sanitary sewer main and then Lafarge will pothole the line to determine how deep it is buried. The results of the potholing will TETRA TECH Page 6 of 6 Mr. Chris Gathman May 27, 2011 then be shared with the City at least 30 days prior to commencement of operations so that they City can decide if additional cover is needed over the sewer line to support Lafarge's heavy equipment driving over the top. In addition, we wanted to bring it to your attention that we made some changes to the mining plan shown on the USR map and the Reclamation Plan map in response to comments from the DRMS. We increased the size of the mining setback from the river on the northeast side of the cell and added inflow and outflow structures on the reclamation plan (the reclamation plan topography also changed in response to the changes in the mining cell boundary). Therefore, attached are updated versions of the USR map and the Reclamation Plan map. Thank you for your consideration. Please contact me if you have any questions. Sincerely, TETRA TECH ' Tdp-1/26 \j/zal-frA9‘ Pamela Franch Hora, AICP Senior Planner Attachments • cc: Anne Johnson, Lafarge West, Inc. • Chris Gathman From: Roxanne Keeth [Roxanne.Keeth@Greeleygov.com] lent: Wednesday, July 06, 2011 11:56 AM o: Chris Gathman Cc: Steve Emmans; Doris Biehl; Hora, Pam Subject: USR - 1779 (City of Greeley Weld County Referral 5:11) Chris, In response to you message regarding the City of Greeley 36"sanitary sewer trunk line located north of F Street under the private access road to the site: • Applicant will need to obtain a"Permit"through the City of Greeley Water Department for the potholing. o City of Greeley Water&Sewer Department 110010'"Street, Ste. 300 Greeley CO 80631 Phone(970)350-9811 • Applicant will need to call the Utility Notification Center of Colorado(UNCC)at 1-800-922-1987 or dial 811 to arrange for the locate. • Applicant will need to notify the City when the potholing will commence to insure locate is verified. • Applicant may contact Steve Emmans with the City Wastewater Collection Div.with questions on the sewer trunk line at(970) 350-9318. • The City will need to witness the pothole locates and verification of the pipe and depth. • Applicant will address and satisfy City structural requirement(s)to protect the pipe from the additional proposed surface loads. • Note: Tetra Tech responded to the City comments in writing May 26th 2011. Tetra Tech stated that potholing would be done 30 days prior to commencement of operations. The letter also implies they will address and satisfy City structural requirements to protect the 36"sanitary sewer main from the additional proposed surface loads. Please advise the applicant on the absolute necessity that they following through with their commitment as in the event that the 36" main trunk line was crushed it would prevent roughly 60%of City sewer flows from reaching the sewer plant. The City is acceptable to the project moving forward through the Weld County planning process based on the applicant's written agreement to satisfy City structural requirements to protect the 36"sanitary sewer main from the additional proposed surface loads. Please email or call if you have any questions, (970)336-4175. Thank you, Rocky Ms. Rocky Keeth,Staff Engineer City of Greeley-Engineering Development Review 110010th Street, Suite 402 Greeley CO 80631 Ph. (970) 336-4175 Fax(970)336-4170 http://creeleyqov.com/CommunityDevelopment/enqineerinaaspx EXHIBIT It's free! Subscribe now so you won't miss the next edition of City Scoop,the City's monthly E-newsletter. I j_ /1 _.�Lt_ Hello