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Home My WebLink About20111180 • DEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave Greeley CO 80631 Phone (970)353-6100 x3540 Fax (970) 304-6498 USE BY SPECIAL REVIEW(MINING OPERATION)APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT # /AMOUNT # /$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: To be completed by APPLICANT is accordance with procedural guide requirements: 1. I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed_gravel (gravel, coal, borrow pit, etc.) mining operation for the following described unincorporated area of Weld County: Legal Description See attached descritpions , Section 32 , Township 3 North, Range 67 West Flood Plain: Zone District: AG , Total Acreage: 377 .33 , Overlay District: NA Geological Hazard: NA ,Airport Overlay District: NA 2. Surface owner(s)of area of land described PO Box 5829 Name: LG Everist, Inc. Address: Souix Falls, phone: (303) 286-2247 Name: Dennis Fields. Vice President Address: SD 87117 Phone: • 3. Owner(s)of mineral rights or substance to be mined PO Box 5829 Name: LG Everist, Inc. Address: Souix Falls, Phone: (303) 286-2247 Name: Address: SD 87117 Phone: 4. Applicant's name: LG Everist, Inc - Lynn Shults Agent Email Address lmshults@LGEVERIST.com Address: 7321 East 88th Ave, Henderson, CO 80640 Phone: (3031 286-2247 5. Identify any prior permits for mining held by applicant or affiliated person: See attached list I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from ail fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating that the signatory has the legal authority to sign for the corporation. /145444 l tf/ * �l i C y� a ctli /1/i3//Q Signature: Owner or Authorized/Agent Date Signature: Owner r Authorized Agent Date EXHIBIT • 15 2011-1180 • Epvirol)n) ept, Ipc. LARRY E.O'BRIAN 7985 VANCE DRIVE, SUITE 205A FOUNDER ARVADA,COLORADO 80003 STEVAN L.O'BRIAN 303-423-7297 PRESIDENT FAX 303-423-7599 April 18, 2011 Mr. Kim Ogle Weld County Planning Department 1555 N. 17th Ave. Greeley, Colorado 80631 Dear Kim: RE: Amended Special Use Permit for Mining Operation L.G. Everist, Inc. - AmUSR-1102 On behalf of my client L.G. Everist, Inc. I am submitting this letter to serve as our response to the various referrals Weld County Planning Department has received during the • referral period ending on 2/25/11. The following table shows the referrals we obtained from the Weld County Case site on 3/16/11. We wish to thank all agencies and their personnel for the time they took to review the USR application packet and respond to the request for comments. Agency Date Weld County-Building Inspection Division(aka Building Dept.) 2/24/11 Weld County- Environmental Health Services. 3/10/11 Weld County-Planning Completeness Review 1/14/11 Weld County- Public Works Department 3/1/11 Town of Firestone/Colorado Civil Group 2/8/11 FEMA Region VIII 2/11/11 Town of Mead 2/22/11 Mt. View Fire District 2/10/11 Colorado Division of Water Resources 2/2/11 Central Weld County Water District 1/27/11 Town of Frederick 2/14/11 Longmont Conservation District 2/8/11 St. Vrain Sanitation District 1/26/11 Tri-State Generation&Transmission Assoc. 2'22/11 Weld County- Schools District RE-1 1/31/11 Weld County-Zoning Compliance 1/37/11 • We will respond to the comments in each referral document in the order presented, starting at the top of the list. ENVIRONMENT, INC. PAGE 2 APRIL 16, 2O1 1 • WELD COUNTY PLANNING COMPLETENESS REVIEW LETTER 01/14/11 Enclosed is copy of surrounding property owners obtained from the Weld County Assessor's web site on Friday, April, 15, 2011. A copy of the Division of Reclamation, Mining& Safety(DRMS) approval letter is attached. It is also located in the application packet, on the last page of the DRMS section. Building Department The 2 comments presented in the Completeness Letter are the same comments that are addressed in the Building Inspections'referral response. We have addressed them in that section below. Environmental Health Services As shown on the Mining Timetable in DRMS application section of the USR submittal, the estimated life of the mine is between 31 and 40 years. A copy of that page is included in this response. The referenced Septic Permit is for a system located on parcel 120932000031 in the northeast part of the mine and not where the scale/office trailer is located. The St. Vrain River is approximately 1140 feet from USR boundary and 3130 feet from the scale • house/office trailer. The remaining requests for a signed Water Tap Assignment, Noise, Dust & Waste Handling Plans, air permit and stormwater/discharge permit were also presented in Environmental Health's referral comments, so we have addressed them in that section below. Department of Public Works No comments to address in this section. WELD COUNTY BUILDING DEPARTMENT 02/24/11 1. We acknowledge the Building Departments' comments which advise us to obtain building permits on buildings or structures which require permits before they are constructed. 2. We acknowledge the Building Departments' comments which advise us that buildings or structures shall conform to the various codes listed in this advisory. WELD COUNTY ENVIRONMENTAL HEALTH 03/10/11 • 1. Air Permit - attached is a copy of the Firestone Gravel Resource site air permit. 2. Dust Abatement Plan - attached is a copy of the Dust Abatement Plan for the Firestone Gravel Resource. ENVIRONMENT, INC. PAGE 3 APRIL 1 8, 2O11 • 3. Noise Abatement Plan - attached is a copy of the Noise Abatement Plan for the Firestone Gravel Resource. 4. Water Tap Assignment - attached is a copy of the signed Water Tap Assignment with the Central Weld County Water District. 5. Vehicle Washing- At this time, L.G. Everist does not expect to have a need for a Vehicle Washing area on site. However, if any vehicle washing areas are located on the site, all effluent shall be captured so there will be no wash-water discharges from the site. If there is a vehicle washing area, it will be located near the Concrete Batch Plant area. The batch plant area will be within the Plant Site area as shown on the plat. 6. CDPS Permit - attached is a copy of the Firestone Gravel Resource CDPS Discharge permit. 7. Odor Abatement Plan - attached is a copy of the Odor Abatement Plan for the Firestone Gravel Resource. 8. Waste Handling Plan - attached is a copy of the Waste Handling Plan for the Firestone Gravel Resource. • Thank you for confirming that the use of portable toilets was approved in USR-1102,1999>, they will continue to be used as approved. Development Standards We have reviewed the 19 standards proposed and have only two comments at this time, although we reserve the right to additional comments if needed. Standard #15 asks for a stormwater discharge permit (i.e., CDPS permit) if applicable. The Applicant already has a valid permit, so this standard can be removed. Standard #16 - We believe the abbreviation of Colorado Division of Reclamation, Mining and Safety is DRMS, not OMLR. WELD COUNTY PUBLIC WORKS 03/01/11 1. L.G. Everist, Inc., will use the primary access at the Plant Site/Processing Area on WCR 15 (Zinnia Ave) as the entrance for their haul route. There are nine (9) additional existing accesses on the mine site as shown on the Weld County Road Access Information Sheet. These provide access to the various parcels that makeup the permit area and will continue to be use as historically allowed. They will only be used during • the mining operation to move equipment from one mining stage to another, and to get around ditches or barriers that would prevent access within the mine area. No new access will be opened unless approved by the owner of the road on which the access is sought. 2. We understand this requirement and will comply. ENVIRONMENT, INC. PAGE 4 APRIL 1 H, 2O1 1 • 3. This site currently has a Road Improvements Agreement, with no maintenance required. The improvements were completed in 2003 by Owens Brothers and L.G. Everist. Because L.G. Everist has since bought the property, L.G. Everist has inadvertently accepted the entire cost of the road improvements (minus the Weld County portion). The road improvement that was originally required in the site's Road Improvements Agreement was to pave from the site's entrance on WCR 15 south to WCR 24. When L.G. Everist opened the Lohmann Sand and Gravel site (USR-1326), and was required to pave WCR 26 from the Lohmarm entrance westward to WCR 13, Owens teamed up with L.G. Everist to get the improvements done. Owens had their haul route changed so that the required paving became: paving from the site's entrance south to WCR 26, then west to WCR 13. L.G. Everist requests that the Improvements Agreement be officially terminated since the work has been done. If a new Road Agreement is required, the applicant would like the county to take the above-mentioned capital investments already expended by L.G. Everist into consideration. Also, the Town of Firestone has annexed WCR 26, so the main haul route from the site that is under Weld County jurisdiction is only WCR 15 from the site entrance, south to WCR 26 (a.k.a. Zinnia). The only change to the USR is an extension of the mine life and the amount of reserves in the pit. We did not propose any increase in traffic on the approved haul and once LGE's Lohmann Pit (1/2 mile west) is closed, then • LGE's truck count will be reduced on this road to only the trucks leaving this site. (Note: Other Weld County roads surrounding the site would only be used for local delivery.) 4. We have contacted McLaughlin Water Engineers, Ltd. to review and prepare and report on the Floodplain location on the mine site. This will include impacts on the floodplain resulting from removal of the railroad embankment and flood elevation. According to the existing Flood Hazard Development Permit, the Special Use Permit area is not within the floodway but information will be provided showing how any stockpiles or berms will impact the floodplain. If needed, the amended Flood Hazard Development Permit will be sent under separate cover when it is completed. 5. The existing FEMA approved floodplain has been added to Sheets 2 of 3 and 3 of 3. Full scale and 8'h by 11 copies are included in this response packet. Please note: The floodplain and floodway boundaries may change with information gathered by McLaughlin Water Engineers. 6. We understand this requirement and will comply if applicable. 7. It is not our policy to allow offsite stormwater to enter a mine. Our Colorado Discharge Permit System permit(CDPS) that covers dewatering and stormwater discharges makes us responsible for any contaminated water discharged from the mine, no matter the source of contamination. We will divert offsite stormwater flows around the mine into • existing drainages and facilities. Additional information is included in our response to the Town of Firestone concerning their plan to dump their untreated stormwater onto this property without having an easement from L.G. Everist, Inc. to do so. We have the right to protect ourselves so we are not held responsible for any contaminated water entering the mine from sources out of our control. ENVIRONMENT, INC. PAGE 5 APRIL 18, 2O1 1 • 8. We understand this statement. L.G. Everist, Inc. will not be responsible for maintenance of on-site drainage related features owned by Weld County or the Town of Firestone. 9. We would like to reserve the right to revise the first of the four plat notes and the Floodplain line on Sheets 2 of 3 and 3 of 3. If the McLaughlin Water Engineers' floodplain study shows that the currently designated floodplain is incorrect, then the parcels may or may not be in the floodplain, hence requiring a change in the floodplain line and this plat note. TOWN OF FIRESTONE BY COLORADO CIVIL GROUP. INC. 02/08/11 This mining operation and property are not in the Town of Firestone nor under its jurisdiction. 1. Thank you for the information. 2. We are not within the town limits and do not believe the County has the authority to require us to give them 20 feet along the roads as requested by the Town of Firestone. Nor does the Town have the authority to take our property. If the Town of Firestone would like to purchase the additional ROW we would entertain discussions into how it • would mutually benefit both parties. 3. L.G. Everist, Inc. does not own the Sidehill Ditch and does not believe the County has the authority to icquil ,us to move this private structure and provide additional ROW for its relocation. This ditch also serves to protect our southern boundary from unwanted stormwater runoff entering our property and the removal of it could have a detrimental effect on the use and development of the site. 4. We understand this request but it appears Firestone assumes they have a right to cross the property. L.G. Everist owns the property, and there is no recorded easement giving Firestone (or any other entity) the right to construct a public trail through this private property. Furthermore, having a public trail cross an active mine is risky from a public safety standpoint and would interfere with our use of the property. We do not believe Weld County has the authority to force a private landowner to give away acres of property and dedicate a trail easement across their property(or along the boundaries, as also suggested by Firestone). 5. This property is not in the Town of Firestone and not subject to their regulations. We disagree with their statement that we need to "preserve or accommodate the historic drainage" across our property. This statement infers that L.G. Everist, Inc. must allow the Town of Firestone to use this sand and gravel site as "Sump"to collect Firestone's stormwater runoff. Firestone did not contact us to participate in the development of this • plan nor have they negotiated for an easement to use this private property as a "Sump." Their demand that we preserve and accommodate the 100-yr drainage patterns is unacceptable because it appears they have no plan to prevent contaminated water from leaving their jurisdiction and entering our private property. They appear to be trying to force down gradient neighbors like us to store or cleanup their runoff. ENVIRONMENT, INC. PAGE 6 APRIL 18, 2O11 • The documents that Firestone sent with their referral show that they did not take into consideration that all of the drainage basins ending on our property are bisected from east to west by large irrigation ditches (i.e., Sidehill, Seep, Last Chance & Lupton Bottoms) that would act as storm basin boundaries. Common sense makes us believe these same ditches would carry much of the surface-flow away from our land. They recognized roads as basin boundaries and showed outlets for a basin crossing a road but ignored the road side and irrigation ditches as carrying structures for the stormwater. Their report map 2 of 3 shows the sump discharge point to the floodplain is the intersection of the Last Chance Ditch and the old railroad bed. Our maps show that for this to happen the water would be need to reach an elevation 4807.50 feet. Even if water could get past other large irrigation ditches, the area east of the old railroad bed is not confined, the water would begin to flow along the Last Chance Ditch and spread out over a large area as it flowed to the river. We also question how they have the authority to discharge untreated stormwater from the town limits onto surrounding lands not in their control. We believe they have the same stormwater management and discharge requirements under Federal and state laws as all other permit holders. Therefore, any increased flows due to development within the Town of Firestone must be addressed by the Town of Firestone. We believe that • Firestone cannot require a private landowner in Weld County to collect Firestone's stormwater flows, and Firestone cannot use our property as a"Sump," and Firestone cannot require us to build structures to mitigate their stormwater flows. In response to Firestone's comment that Varra Companies designed storm channels at their Heintzelman Pit (just east of this USR) - we will again point out that our property has not been annexed into the Town of Firestone. We will also repeat that the Sidehill Ditch will serve as a boundary against illegal Firestone stormwater discharges onto our site. We suggest Firestone contact the ditch owners to get permission to discharge water into said ditch. 6. Our currently approved Road Access agreement requires us to use the route as approved. As noted on page 29 paragraph 3 we are committed to using the existing haul route. The exception is for local deliveries in the immediate vicinity of the mine in which case minor amounts of material would be hauled on the surrounding roads. As a reminder L.G. Everist and Owens Brothers have been the only mine operators to pave and maintain Zinnia Ave. (WCR 26) from WCR 15 to Colorado Blvd. (WCR 13). This mine was owned by Owens Brothers before being acquired by L.G. Everist, so in effect L.G. Everist has paid for all the improvements (minus any Weld County portion) on Zinnia Ave (WCR 26) since 1997. Firestone annexed the paved road (WCR 26/Zinnia) at no cost. Because L.G. Everist is • the only mine operator that has made road improvements, we are due a credit for our expenses spent to date to improve the road. As Weld County Public Works noted, the Road Agreement has to be revisited if it does, these items should be discussed at that time. ENVIRONMENT, INC. PAGE 7 APRIL 18, 2O11 • 7. Sheet 1 of 1 has been changed to show the Town of Firestone owns Zinnia Ave. (WCR 26) and 1700 feet of Holiday St. north of Zinnia Ave. The street names for these sections of road have also been added to Sheets 2 of 3 and 3 of 3. FEMA REGION VIII,MITIGATION DIV. 02/11/11 We understand the requirements and will be working with Weld County Public Works to obtain any permits necessary for working in the Floodplain. TOWN OF MEAD 02/22/11 We thank the Town of Mead for their comments and would like to point out that this project area and property are not in the Town of Mead's city limits nor under its jurisdiction. Any items raised about mining operations, reclamation, and bonding are the jurisdiction of the Colorado Mined Land Reclamation Board, from whom we have a permit. Any items raised about Weld County roads are under the County's jurisdiction. We weigh all gravel hauling vehicles before they leave the mine so they are not overweight. If Mead has weight restrictions on town roads that are different from state and County weight limits, Mead may provide to L.G. Everist a list of the roads and the restrictions so we will have the information to stay within those limits if/when gravel deliveries are made within the Town. • MTN. VIEW FIRE PROTECTION DISTRICT 02/10/11 We will contact Mountain View Fire to obtain the necessary approvals and permits prior to installing storage tanks for fuels and other flammable contents. COLORADO DIVISION OF WATER RESOURCES 01/27/11 We will maintain a Substitute Water Supply Plan (SWSP)for the life of the mine. The current plan will be renewed before it expires on December 31, 2011. The only stormwater captured on the site will be from areas within the active mining area. This water will be released to the stream system within 72 hours of its capture subject to our CDPS permit limits. CENTRAL WELD COUNTY WATER DISTRICT 01/27/11 No comments submitted. TOWN OF FREDERICK 02/14/11 No comments submitted. • LONGMONT CONSERVATION DISTRICT 02/08/11 No comments submitted. ENVIRONMENT, INC. PAGE 8 APRIL 1 8, 2O1 1 • Si: VRAINSANITATIONDISTRICT 01/26/11 No comments submitted. TRI-STATE GENERATION& TRANSMISSION ASSOC. 02/22/11 No comments submitted. WELD COUNTY SCHOOL DISTRICT RE-1 01/31/11 No comments submitted. WELD COUNTY ZONING COMPLIANCE 01/27/11 No comments submitted. If you have any questions or need more information please call me at the above number. Respectfully Submitted Environment, Inc. /tot' Stevan L. O'Brian President cc L.G. Everist, Inc. File enclosures • MINING PLAN EXHIBIT D (coNT) • will be used as a place for roads to access the mine exterior, ditches and access for the oil and gas facilities . The setback areas will be reclaimed if disturbed. The mine will be dewatered and the material will be mined using loaders to remove material from the face . The material will then be delivered to the Plant for processing using haul trucks or a conveyor system. In addition to gravel processing and sales we anticipate installing a concrete batch plant facility, a concrete casting facility an asphalt batch plant facility and a concrete/asphalt recycling plant in the Plant Site area sometime in the future . The plants will be removed once mining ends . Located in the southeast corner of the mine is Area B. This area will not be mined but may be used for material storage, equip- ment parking or other uses associated with mining operations . If it is disturbed the topsoil will be salvaged from the disturbed area and used to reclaim the area when mining ends . It will be reclaimed using the methods described in the Reclamation Plan. The arrows on EXHIBIT C-1 - MINING PLAN MAP show how we will prog- ress thru the mine area . We estimate by adding the new area the life of the mine will be extended from 31 to 40 years . • Mining Timetable The continuing uncertainty of economic conditions in the construction materials industry precludes an accurate forecast of demand for materials during the life of the mine . We therefore, can only estimate the mining timetable based on an average year and may expect a specific year to vary widely from the average . NTNING TIMETABLE ACRES ± AREA* YEARS TOTAL MINED MISC (I .E. AREA SETBACKS AND UNDISTURBED,'. ETC. ) Area 1 1-2 14 . 61 9. 31 5 . 30 Area 2 2-4 34 . 89 29 . 67 5 . 22 Area 3 12-14 120 . 90 - 111 . 14 9 . 76 Area 4 1-3 18 . 96 15. 15 3 . 81 Area 5 15-17 159 . 89 144 . 15 15 . 74 Area B 31-40 17 . 45 i 0 . 00 17 . 45 TOTALS 31-40 366.70 309. 42 57 .28 * areas are only used to explain the mining areas, not the direction or timing of the mining operations. 6 STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources �13 Sherman St.,Room 215 D COLORADO DIVISION OF enver,Colorado 80203 RECLAMATION Phone: (303)866-3567 MINING FAX'.(303)832-8106 SAFETY Bill Ritter.Jr. Governor Mike King Executive Director September 10,2010 Loretta Pineda Director Dennis L.Fields L.G. Everist, Inc. 7321 E. 88th Ave., Ste 200 Henderson,CO 80640 Re: Firestone Gravel Resource,Amendment Approval,Permit No.M-1996-052,Revision No.AM-1 Dear Mr.Fields: On September 10, 2010 the Division of Reclamation, Mining and Safety approved the Amendment application submitted to the Division on January 22,2010,addressing the following: Amendment to add 261.41 acres and revise mining and reclamation plans. *he terms of the Amendment No. 1 approved by the Division are hereby incorporated into Permit No. M-1996-052. The conditions of the Division approval are noted below. Please note that all other provisions of Permit No. M-1996-052 remain in full force and effect. Stipulation No. I: Permittee must demonstrate to DRMS that all local floodplain authorities have been satisfied before removal of former rail bed segment located North of Last Chance Ditch. This feature currently defines the eastern boundary of the 100 yr flood plain as shown on FEMA map. Permittee may also submit TR to leave this segment of rail bed intact if they intend to do so. The revised estimated liability amount of$509,900 exceeds the $49,450 performance bond currently held. If you have not already done so, please submit additional bond in the amount of$460,450. The revision will not be final until the bond is approved by the Division. If you have any questions, please contact me at 303-866-3567 x8140. Sincerely, � _ Eric Scott Environmental Protection Specialist is Office of Office of Mined Land Reclamation Denver•Grand Junction•Durango Active and Inactive Mines STATE OF COLORADO • COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT • AIR POLLUTION CONTROL DIVISION a;o coLo,p TELEPHONE: (303)692-3150 f F' CONSTRUCTION PERMIT "`8' PERMIT NO: 10WE1634F INITIAL APPROVAL DATE ISSUED: JANUARY 12, 2011 ISSUED TO: L.G. Everist, Inc. THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Sand and gravel pit, known as the Firestone Gravel Resource, located at 12248 County Road 15, Firestone, Section 32, T3N, R67W, Weld County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: Material extraction, handling, stockpiling, hauling, and associated conveyors and transfer points. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO • AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND CONTROL ACT C.R.S. (25-7-101 et seq), TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. Visible emissions from processing equipment and transfer points shall not exceed twenty percent (20%) opacity during normal operation of the source. During periods of startup, process modification, or adjustment of control equipment visible emissions shall not exceed 30% opacity for more than six minutes in any sixty consecutive minutes. Opacity shall be measured by EPA Method 9. (Reference: Regulation 1, Section II.A.1.&4.) 2. The particulate emission control measures listed on the attached page (as approved by the Division) shall be applied to the particulate emission producing sources as required by Regulation No. 1, Section III.D.1.b. 3. This source shall be limited to a maximum production rate as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Daily records of the actual production rate shall be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation 3, Part B,II.A.4) Sand and gravel production shall not exceed 12,711 tons per day and 600,000 tons per year. 4. Fugitive particulate emissions shall not exceed the following limitations (as calculated in the Division's preliminary analysis): (Reference: Regulation 3, Part B, II.A.4) Particulate Matter(TSP): 11.9 tons per year PM10 (Particulate Matter<10 pm): 4.1 tons per year PM2.5(Particulate Matter<2.5 pm): 0.4 tons per year. • Note: Compliance with these fugitive emission limits shall be demonstrated by not exceeding the production limits in condition number 3 and by following the attached particulate emissions control plan. 123/1352/002 Page 1 of 6 ODOR ABATEMENT PLAN OPERATOR: L.G. EVERIST, INC. SITE NAME: FIRESTONE GRAVEL RESOURCE PERMIT: WELD COUNTY - USE BY SPECIAL REVIEW PERMIT #AmUSR-1102 Contact: Lynn Mayer Shults, Regulatory Manager, 303-286-2247 L.G. Everist, Inc. will implement an Odor Abatement Plan for our proposed mining operation at the Firestone Gravel Resource if needed and/or if requested by Weld County Environmental Health Services. This Special Use amendment calls for a permit which allows sand and gravel mining, concrete batch operations and asphalt plant operations. Mining and processing of sand and gravel are odorless, and the main processing plant will be run with electrical line power. Concrete batching operations are odorless also. Asphalt operations may sometimes have odor associated with the batching process. If there are odors from the asphalt batch plant that exceed state limits off-site, and L.G. Everist or Weld County receive complaints, the Odor Abatement Plan will be implemented. - The facility shall be operated in a manner to prevent odors. - Odors detected off-site shall not equal or exceed the level of fifteen-to-one dilution threshold, as • measured pursuant to Regulation 2 of the Colorado Air Pollution Control Regulations. - The asphalt plant will be temporarily shatbdmnitsituadnd4,alEve isvimlgWdbd-'®(drifter ee:da111p&eint. - Additional odor abatement actions shall be implemented as required by the asphalt plant APEN/air permit.' (*Note: At the time of amendment application, the asphalt plant is only proposed. Prior to when an asphalt batch plant is operated on site, the asphalt batch plant state air permit will be reviewed for any additional abatement requirements.) - The facility will adhere to applicable development standards incorporated into AmUSR-1102. • FIRE-WELD-OdorAbafePlan-2011.doc Colorado Department of Public Health and Environment Air Pollution Control Division • L.G. Everist, Inc. Permit No. 10WE1634F INITIAL APPROVAL 5. Emissions of air pollutants from transfer points shall not exceed the following limitations (as calculated in the Division's preliminary analysis): (Reference: Reg. 3, Part B, II.A.4) Particulate Matter(TSP): 17.6 tons per year PM10 (Particulate Matter<10 pm): 8.4 tons per year PM2.6 (Particulate Matter<2.5 pm): 0.8 tons per year. 6. This permit is for the activities specified above; any additional process equipment (i.e. crushers, screens, etc.) to be located at this site must have a separate permit from the Division. (Reference: Reg. 3, Part B, III.E.) 7. Operations at this facility shall be limited to daylight hours activities only. 8. A revised Air Pollutant Emission Notice(APEN)shall be filed: (Reference: Reg.3, Part A,II.C) a. Annually whenever a significant increase in emissions occurs as follows: For any criteria pollutant: For sources emitting less than 100 tons per year, a change in actual emissions of five tons per year or more, above the level reported on the last APEN; or b. Whenever there is a change in the owner or operator of any facility, process, or activity; or • c. Whenever new control equipment is installed, or whenever a different type of control equipment replaces an existing type of control equipment; or d. Whenever a permit limitation must be modified; or e. No later than 30 days before the existing APEN expires. 9. All conveyors and transfer points will be subject to the New Source Performance Standards requirements of Regulation number 6, Subpart OOO whenever there is primary crushing capacity greater than 150 tons per hour(portable equipment) or 25 tons per hour(fixed equipment) at this location as follows: a. Visible emissions from conveyors and transfer points shall not exceed 7% opacity. In addition, the following requirements of Regulation No. 6, Part A, Subpart A, General Provisions, apply. a. No article, machine, equipment or process shall be used to conceal an emission which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous diluents to achieve compliance with an opacity standard or with a standard which is based on the concentration of a pollutant in the gases discharged to the atmosphere. (§ 60.12) b. Written notification of construction and initial startup dates shall be submitted to the Division as required under§60.7. c. Records of startups, shutdowns, and malfunctions shall be maintained, as required under • § 60.7. d. Compliance with opacity standards shall be demonstrated according to § 60.11. 123/1352/002 Page 2 of 6 Colorado Department of Public Health and Environment Air Pollution Control Division • L.G. Everist, Inc. Permit No. 10WE1634F INITIAL APPROVAL e. At all times, including periods of start-up, shutdown, and malfunction, the facility and control equipment shall, to the extent practicable, be maintained and operated in a manner consistent with good air pollution control practices for minimizing emissions. Determination of whether or not acceptable operating and maintenance procedures are being used will be based on information available to the Division, which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source. (Reference: Regulation 6, Part A. General Provisions from 40CFR60.11) 10. Within one hundred and eighty days (180) after commencement of operation, compliance with the conditions contained on this permit shall be demonstrated to the Division. It is the permittee's responsibility to self certify compliance with the conditions. Failure to demonstrate compliance within 180 days may result in revocation of the permit. (Information on how to certify compliance was mailed with the permit.) 11. This permit shall expire if the owner or operator of the source for which this permit was issued: (i) does not commence construction/modification or operation of this source within 18 months after either the date of issuance of this initial approval permit or the date on which such construction or activity was scheduled to commence as set forth in the permit application associated with this permit; (ii) discontinues construction for a period of eighteen months or more; or (iii) does not complete construction within a reasonable time of the estimated completion date (See General Condition No. 6., Item 1.). Upon a showing of good cause by the permittee, the Division may grant extensions of the permit. (Reference: Regulation No. 3, Part B, Section III.F.4.) • By: Sunday' . Fadeyi, P. R K ancock III, P.E. Permit Engineer Unit Leader • 123/1352/002 Page 3 of 6 Colorado Department of Public Health and Environment Air Pollution Control Division • L.G. Everist, Inc. Permit No. 10WE1634F INITIAL APPROVAL Notes to permit holder: 1. The production or raw material processing limits and emission limits contained in this permit are based on the production/processing rates requested in the permit application. These limits may be revised upon request of the permittee providing there is no exceedance of any specific emission control regulation or any ambient air quality standard. A revised air pollution emission notice (APEN)and application form must be submitted with a request for a permit revision. 2. This source is subject to the Common Provisions Regulation Part II, Subpart E,Affirmative Defense Provision for Excess Emissions During Malfunctions. The permittee shall notify the Division of any malfunction condition which causes a violation of any emission limit or limits stated in this permit as soon as possible, but no later than noon of the next working day, followed by written notice to the Division addressing all of the criteria set forth in Part II.E.1. of the Common Provisions Regulation. See: http://www.cdphe.state.co.us/regulations/airregs/100102agcccommonprovisionsreg.pdf. 3. The emission levels contained in this permit are based on the following emission factors (any change in operations may change these factors): Point Sources: Particulate Matter(TSP): 0.05880 pounds per ton of sand and gravel Particulate Matter< 10 pm (PM1p): 0.02800 pounds per ton of sand and gravel Particulate Matter< 2.5 pm (PM25): 0.00280 pounds per ton of sand and gravel • Fugitive Source: Fugitive Particulate Matte (TSP): 0.03970 pounds per ton of sand and gravel Fugitive Particulate Matter < 10 pm (PM o): 0.01357 pounds per ton of sand and gravel Fugitive Particulate Matter < 2.5 pm (PM2,5): 0.00136 pounds per ton of sand and gravel 4. This source is classified as a: Minor source. At a: Minor facility. • 123/1352/002 Page 4 of 6 Colorado Department of Public Health and Environment Air Pollution Control Division • L.G. Everist, Inc. Permit No. 10WE1634F INITIAL APPROVAL PARTICULATE EMISSIONS CONTROL PLAN FOR MINING AND PROCESSING ACTIVITIES THE FOLLOWING PARTICULATE EMISSIONS CONTROL MEASURES SHALL BE USED FOR COMPLIANCE PURPOSES ON THE ACTIVITIES COVERED BY THIS PERMIT, AS REQUIRED BY THE AIR QUALITY CONTROL COMMISSION REGULATION NO.1, SECTION III.D.1.b. THIS SOURCE IS SUBJECT TO THE FOLLOWING EMISSION GUIDELINES: a. Mining and Processing Activities -Visible emissions not to exceed 20%, no off-property transport of visible emissions. b. Haul Roads - No off-property transport of visible emissions shall apply to on-site haul roads, the nuisance guidelines shall apply to off-site haul roads. c. Haul Trucks - There shall be no off-property transport of visible emissions from haul trucks when operating on the property of the owner or operator. There shall be no off-vehicle transport of visible emissions from the material in the haul trucks when operating off of the property of the owner or operator. Control Measures 1. Adequate soil moisture must be maintained in topsoil and overburden to control emissions during removal. Watering shall be implemented if necessary. 2. Topsoil and overburden stockpiles shall be compacted and revegetated within one year. • 3. Emissions from material handling (i.e. removal, loading, and hauling) shall be controlled by watering at all times unless natural moisture is sufficient to control emissions. 4. Vehicle speed on unpaved roads, haul roads, service roads and disturbed areas shall not exceed a maximum of 30 miles per hour. Speed limit signs shall be posted. 5. Reclamation works and sequential extraction of material shall be initiated to keep the total disturbed areas at any one time to a minimum. 6. Unpaved haul roads shall be watered as often as needed, treated with chemical stabilizer and graveled to control fugitive particulate emissions such that the above guidelines are met. 7. Raw material stockpiles shall be adequately watered as often as needed to control fugitive particulate emissions. Aggregate materials shall be sprayed with water during material loading into the storage bins or stockpiles. 8. Processed material stockpiles shall be watered at all times unless natural moisture is sufficient to control fugitive particulate emissions. Aggregate materials shall be sprayed with water during material loading into the storage bins or stockpiles. 9. All disturbed areas shall be watered adequately as needed, revegetated with mulch and treated with chemical stabilizer to control fugitive particulate emissions. 10. Plant entryway, truck service roads, and concrete batching areas shall be graveled. Watering shall be implemented if emission guidelines above are not met. • 123/1352/002 Page 5 of 6 Colorado Department of Public Health and Environment Air Pollution Control Division • L.G. Everist, Inc. Permit No. 10WE1634F INITIAL APPROVAL GENERAL TERMS AND CONDITIONS: (IMPORTANT! READ ITEMS 5,6,7 AND 6) 1. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduct of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity specifically identified on the permit. 2. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the APCD to be necessary to assure compliance with the provisions of Section 25- 7-114.5(7)(a), C.R.S. 3. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or appeal of, a condition hereof shall constitute a rejection of the entire permit and upon such occurrence, this permit shall be deemed denied ab initio. This permit may be revoked at any time prior to final approval by the Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulations of the Air Quality Control Commission (AQCC), including failure to meet any express term or condition of the permit. If the Division denies a permit, conditions imposed upon a permit are contested by the applicant,or the Division revokes a permit,the applicant or owner or operator of a source may request a hearing before the AQCC for review of the Division's action. 4. This permit and any required attachments must be retained and made available for inspection upon request at the location set forth herein. With respect to a portable source that is moved to a new location, a copy of the Relocation Notice (required by law to be submitted to the APCD whenever a portable source is relocated) should be attached to this permit. The permit may be reissued to a new owner by the APCD as provided in AQCC Regulation No. 3, Part B, Section II.B. upon a request for transfer of ownership and the submittal of a revised APEN and the required fee. • 5. Issuance (initial approval) of an emission permit does not provide "final" authority for this activity or operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of 25-7-114.5(12)(a) C.R.S. and AQCC Regulation No. 3, Part B, Section III.G. Final approval cannot be granted until the operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of the permit. If the APCD so determines, it will provide written documentation of such final approval, which does constitute "final" authority to operate. Compliance with the permit conditions must be demonstrated within 180 days after commencement of operation. 6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within 18 months after either the date of issuance of this permit or the date on which such construction or activity was scheduled to commence as set forth in the permit, whichever is later; (2) discontinue construction for a period of 18 months or more; or(3) do not complete construction within a reasonable time of the estimated completion date. Extensions of the expiration date may be granted by the APCD upon a showing of good cause by the permittee prior to the expiration date. 7. YOU MUST notify the APCD within ffifteen after commencement of the permitted operation or activity. Failure to do so is a violation of Section 25-7-114.5(12)(a), C.R.S. and AQCC Regulation No. 3, Part B, Section III.G.1., and can result in the revocation of the permit. You must demonstrate compliance with the permit conditions within 180 days after commencement of operation as stated in condition 5. 8. Section 25-7-114.7(2)(a), C.R.S. requires that all sources required to file an Air Pollution Emission Notice (APEN) must pay an annual fee to cover the costs of inspections and administration. If a source or activity is to be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon notification,annual fee billing will terminate. 9. Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 25-7-115 (enforcement), -121 (injunctions), -122 (civil penalties), -122.1 (criminal penalties), C.R.S. • 123113521002 Page 6 of 6 DUST ABATEMENT PLAN OPERATOR: L.G. EVERIST, INC. SITE NAME: FIRESTONE GRAVEL RESOURCE PERMIT: WELD COUNTY - USE BY SPECIAL REVIEW PERMIT # AmUSR-1102 Contact: Lynn Mayer Shults, Regulatory Manager, 303-286-2247 L.G. Everist, Inc. will be implementing a Dust Abatement Plan for our proposed mining operation at the Firestone Gravel Resource. The Firestone Gravel Resource will be operated under the requirements of Permit 10WE1634F, an air permit (aka "Construction Permit") issued by the Colorado Department of Public Health and Environment, Air Pollution Control Division (CDPHE-APCD). L.G. Everist will follow the requirements of the Firestone Gravel Resource site air permit's Particulate Emissions Control Plan for Mining and Processing Activities. A copy of this control plan is attached. • • FIRE-WELD-DustA batePlan-2011.doc Colorado Department of Public Health and Environment Air Pollution Control Division • L.G. Everist, Inc. Permit No. 10WE1634F INITIAL APPROVAL PARTICULATE EMISSIONS CONTROL PLAN FOR MINING AND PROCESSING ACTIVITIES THE FOLLOWING PARTICULATE EMISSIONS CONTROL MEASURES SHALL BE USED FOR COMPLIANCE PURPOSES ON THE ACTIVITIES COVERED BY THIS PERMIT, AS REQUIRED BY THE AIR QUALITY CONTROL COMMISSION REGULATION NO.1, SECTION III.D.1.b. THIS SOURCE IS SUBJECT TO THE FOLLOWING EMISSION GUIDELINES: a. Mining and Processing Activities -Visible emissions not to exceed 20%, no off-property transport of visible emissions. b. Haul Roads -No off-property transport of visible emissions shall apply to on-site haul roads,the nuisance guidelines shall apply to off-site haul roads. c. Haul Trucks - There shall be no off-property transport of visible emissions from haul trucks when operating on the property of the owner or operator. There shall be no off-vehicle transport of visible emissions from the material in the haul trucks when operating off of the property of the owner or operator. Control Measures 1. Adequate soil moisture must be maintained in topsoil and overburden to control emissions during removal. Watering shall be implemented if necessary. 2. Topsoil and overburden stockpiles shall be compacted and revegetated within one year. • 3. Emissions from material handling (i.e. removal, loading, and hauling)shall be controlled by watering at all times unless natural moisture is sufficient to control emissions. 4. Vehicle speed on unpaved roads, haul roads, service roads and disturbed areas shall not exceed a maximum of 30 miles per hour. Speed limit signs shall be posted. 5. Reclamation works and sequential extraction of material shall be initiated to keep the total disturbed areas at any one time to a minimum. 6. Unpaved haul roads shall be watered as often as needed, treated with chemical stabilizer and graveled to control fugitive particulate emissions such that the above guidelines are met. 7. Raw material stockpiles shall be adequately watered as often as needed to control fugitive particulate emissions. Aggregate materials shall be sprayed with water during material loading into the storage bins or stockpiles. 8. Processed material stockpiles shall be watered at all times unless natural moisture is sufficient to control fugitive particulate emissions. Aggregate materials shall be sprayed with water during material loading into the storage bins or stockpiles. 9. All disturbed areas shall be watered adequately as needed, revegetated with mulch and treated with chemical stabilizer to control fugitive particulate emissions. 10. Plant entryway, truck service roads, and concrete batching areas shall be graveled.Watering shall be implemented if emission guidelines above are not met. • 123/1352/002 Page 5 of 6 • NOISE ABATEMENT PLAN OPERATOR: L.G. EVERIST, INC. SITE NAME: FIRESTONE GRAVEL RESOURCE PERMIT: WELD COUNTY - USE BY SPECIAL REVIEW PERMIT # AmUSR-1102 Contact: Lynn Mayer Shults, Regulatory Manager, 303-286-2247 L.G. Everist, Inc. will be implementing a Noise Abatement Plan for our proposed mining operation at the Firestone Gravel Resource. The noise levels at the property boundaries of the Firestone Gravel Resource shall adhere to the maximum permissible noise levels allowed in the Industrial Area as delineated in Section 14-9-30 and 40 of the Weld County Code. The main processing plant will be powered by electrical line power, which ensures quieter operations than plants powered completely with large portable generators. Mining and processing operations are generally conducted during daylight hours. The main plant and its processing equipment will be located no closer that 500 feet from property lines. We believe the noise generated from this site will not disturb surrounding residences. The closest house is over 200 feet from the closest mining boundary. If necessary, we will work directly with neighbors to keep noise disturbance to a minimum. The following noise data was gathered by acquiring average noise levels supplied by equipment manufacturers for types of similar equipment that we may have at the site. Noise Level (decibels) • Noise Source 100 ft. 200 ft. 300 ft. Pickups and utility vehicles 72-66 70-62 56-48 Motor Grader 77-72 70-68 62-58 Front-end loader 73-78 69-71 55-61 Motor Scraper 73-78 69-71 55-61 Haul Trucks & scrapers 77-72 70-68 62-58 Processing Plant 85-95 81-86 67-62 All levels of mobile equipment are below permissible noise levels, and the processing plant noise levels will be well below permissible noise levels at the permit boundary. Note: Employees and visitors will be required to wear hearing protection in various parts of the site and when operating certain types of equipment, as required by L.G. Everist safety policies and by MSHA's Part 62, Hearing Conservation Program. • FIRE-WELD-NoiseAbatePlan-2011.doc • WASTE HANDLING PLAN OPERATOR: L.G. EVERIST, INC. SITE NAME: FIRESTONE GRAVEL RESOURCE PERMIT: WELD COUNTY - USE BY SPECIAL REVIEW PERMIT # AmUSR-1102 L.G. Everist, Inc. will be implementing a Waste Handling Plan for our proposed mining operation at the Firestone Gravel Resource. LIST OF WASTES EXPECTED TO BE GENERATED ON SITE TYPE VOLUME DISPOSAL COMPANY Regular trash 52 cubic yards/year Waste Management Used oil 1200 gallons/year Tri-State Oil Reclaimers Regular consumer trash/waste will be generated from the operation of the scale office and the employees of the mining operation (i.e. lunch containers, beverage containers, etc.). The trash will be collected in a dumpster and collected weekly by the waste handler listed. Used oil is generated from changing the oil in the heavy mobile equipment as needed for proper maintenance. The used oils and fluids are stored in a tank with secondary containment. The tank is emptied on a weekly (or more as needed) basis by the waste handling company listed. • LIST OF CHEMICALS EXPECTED TO BE STORED ON SITE The proposed mining operation will have a diesel fuel tank with secondary containment. The diesel fuel tank is necessary for daily refueling of heavy mobile equipment on site. A Spill Prevention Control and Countermeasures (SPCC) plan will also be in place for the fuel storage. Minimal amounts of other chemicals, such as lubricants and greases will be stored on site in storage containers (or similar). At this time, we are not planning to have a maintenance shop building on site. For any necessary maintenance of equipment, mechanics travel between multiple locations, and whatever they need is kept on their trucks. WASTE HANDLING COMPANIES USED Tri-State Oil Reclaimers 1770 Otto Road Cheyenne, WY 82207 phone 303-825-0742 Waste Management 15181 Washington Broomfield, CO 80020 phone 303-457-6999 • FIRE-WELD-W asleHandPlan-2011.doc jarA9/1 r . • WATER TAP ASSIGNMENT is FOR VALUE,,�8CIEVED Vvre hereby sell, transfer aid assign to L6. Eder':E* .Inc.,, an Ibu a. Lerpor nth on ___I____, d ws CENTRAL WELD COUNTY WATER DISTRICT, on my/our des zite as follow s situate in Weld County,Colorado, to wit See a1tt&u4 le3ai citicrip'dn-- IT IS UNDERSTOOD that these taps were purchased for the above described land and may not be transferred to other land,without express,written consent, in addition to the below consent, of the CENTRAL WELD COUNTY WATER DISTRICT. I/we further authorbe the Secretary of said District to do any and all things wnersa y to effectuate this transfer on the boola and rewnds of said District I/we hereby state that all water rates and charges and other monies owed to the District lave been paid and if not, ihall ho held out at the closing of the salo of my/our premises. IN TESTIMONY WHEREOF I/we have set-my/our signature this a day of we LHona . Henley, Hassident Ready Kind Cone Cowan, Inc. • rr SELLER: UWE FURTHER AGREE to pay any and ail charges hereinafter levied by said District for said taps and to abide by all regulation adopted by said District • • ACCEPTED: w.-v ,,,,pp � '�l/ie..w rl-.��f.P at BUYER:tuella Fields, vice ereeidentaten Div. L.G. EvezLt. Inc. • e+BUYER; , CONSENT TO ASSIGNMENT I, John W. Zadel, General Manager of the CENTRAL WELD COUNTY WATER DISTRICT. Hereby consent to the above assignment on behalf of said District. • DATE:: '4A os TO PERSON EXECUTING THIS ASSIGNMENT -NAMES AS THEY APPEAR ON TITtb In ST BE TYPED AT THE APPROPRIATE SPACES,FAILURE TO DO SO WILL NFAATB THIS TRANSITS_ TWO ORIGINAL TAP ASSIGNMENTS MAST BE COMPLETED AND SENT TO CENTRAL WELD COUNTY WATER DISTRICT FOR DISTRICT CONSENT. ___.. *Recorded in Weld County,CO Doc Id:3550438 • • 04/28/2008 04:56 P Receipt#:7355701 Page:3 of 7 Total Foe:$336.00 Steve Moreno, Clerk•and Recorder Exldbit"A" 'fo Special Warranty Had LEGAL DESCRTET7067 Parcel 1 That part of the W1/2 of Section 32,Township 3 North,Range 67 Wart of the 6"P.M.,County of Weld, State of Colorado, lying Wet of the right-o way of the Union Pacific Railway Company; except that portion thereof lyingMotth of the center of the public highway more particulaty described in instrument mcotdadinBook296atPage556. TOGNswsx. with ad spa Mn.ity including.without limitation, all sand, gravel. aggtepte, stone, rook, silt clay, shale,overburden,topsoil (end all other valuable solid minerals cauentty owned by Grantor on the date haws)lying hi,on and/or miler the real property,and all mineral rights relating to solid minerals of whatever kind and natant waxen*owned by Grantor on the date hereof except oil and gas and other hydrocarbons. parcel 2 That pat of the WIf2 of Section 32,Township 3 North,Range 67 West of der 6a P.M.,lying West of the North-South centerline of the forn er Union Pacific Railroad Company's right-of--way, Weld • County,Skits of Colorado,specifically including,without limitation,all sand,gravel,aggregate,stone, rock, silt,clay,shale,overburden,topsoil (and all other valuable solid minerals carrentiy owned by Grantor on the date hereof) lying in,, on and/* under the real property, and all mineral rights of whatever kind and nature currently owned by Grantor on the date hereof • • STATE OF COLORADO Bill Ritter,Jr.,Governor James B.Martin,Executive Director oc Coto • Dedicated to protecting and improving the health and environment of the people of Colorado �` 0 4300 Cherry Creek Dr.S. Laboratory Services Division \ *i Denver,Colorado 80246-1530 8100 Lowry Blvd. s18-76* Phone(303)692-2000 Denver,Colorado 80230.6928 TDD Line(303)691.7700 (303)692-3090 Colorado Department Located in Glendale,Colorado of Public Health http://www.cdphe.state.co.us and Environment July 15, 2008 Lynn Mayer Shults,Regulatory Manager L.G.Everist, Inc. 7321 E. 88t Avenue Henderson,CO 80640 RE: Correction in Permit CDPS Permit No:COG-500333 Dear Ms. Shults: The following correction has been made in your permit. On page 1 of the Certification the facility name has been corrected to Firestone Gravel Resource. • If you have any questions regarding this matter,please contact me at(303)692-3531. Sincerely, Loretta Houk Water Quality Protection Section WATER QUALITY CONTROL DIVISION 'cc: Gregory Davis, Permits Team,Environmental Protection Agency (8P2-W-P) Regional Council of Government Weld County,Local Health Department Doug Camrud,D.E.,Technical Services Unit,WQCD Leslie Simpson,Compliance Monitoring&Data Management,WQCD Permit File • • Permit Number COG-500000 • Facility Number COG-500333 CDRMS Permit No. M-1996-052 Page 1 Colorado Discharge Permit System Regulations TRANSFER OF OWNERSHIP CERTIFICATION under DISCHARGES ASSOCLATED WITH SAND AND GRAVEL MINING AND PROCESSING OPERATIONS (AND OTHER NONMETALLIC MINERALS EXCEPT FUEL) Category 07,Subcategory IA, Current annual fee$270(CRS 25-8-502) This certification specifically authorizes L.G.Everist,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-500333. Permittee Contact L.G. Everist,Inc. Lynn Mayer Shults,Regulatory Manager 7321 E. 88th Avenue Phone: 303-286-2247 Henderson,CO 80640 Phone: 303-286-2247 Fax: 303-289-1348 Transfer of Ownership This facility's ownership has changed from Ready Mix Concrete Company to L.G. Everist, Inc. Project Name,Activity and Location Virestone Gravel Resource —The facility is located east of WCR 15,south of WCR 26'%--approximately 3 miles southeast of •ad(Weld County),CO;Latitude:40° 10' 55"north, longitude: 104°55' 11"west. The facility produces construction sand and vel. Ground water and product wash water are potentially discharged from this currently inactive site. Out ails • 00IA The discharge from a settling area in the northwest area of the site,prior to entering Avg.=8.6 MGD(when St.Vrain Creek. active) Effluent Parameters The discharge goes to St.Vrain Creek, within Segment 03 of the Upper South Platte River Sub-basin,South Platte River Basin. This segment is found in the Classifications and Numeric Standards for the South Platte River Basin(Regulation No.38;last update effective March 1,2008). Segment 03 is designated as Use Protected and is classified for the following beneficial uses:Aquatic Life,Class I (Warm);Recreation,Class la;and Agriculture. E unit Limitations and Monitorim Re,uirements or Permit,Part LB.I.b.—Construction S&G • General Permit Requirements Continuous/ Flow, MGD Report NA Report Discharge Evaluation Z In-situ / 1 Instantaneous pH, s.u. N/A NA 6.5-9.0 Water Quality Standards 2 Days/Month Grab Oil and Grease, mg/l N/A NA 10 State Effluent Regulations 2 Days/Month Visual' Total Suspended Solids,mg/I 30 45 NA State Effluent Regulations 2 Days/Month Grab 2- If power is not available,flow may be measured on an instantaneous basis. Facility shall monitor flow 2 days/month. - If a visual sheen is noticed,a grab sample must be taken and analyzed for oil and grease • ISSUED JUNE 25,2008 EFFECTIVE: JULY 1,2008 EXPIRATION: JUNE 30,2013 Corrected 7/15/08 • Permit Number COG-500000 Facility Number COG-500333 CDRMS Permit No. M-1996-052 Page I a Other Conditions Chemicals 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. Antidegradation Antidegradation review does not apply to this permit because the receiving stream is designated as Use Protected. Groundwater Contamination 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 permit, the permittee shall immediately apply for a groundwater remediation certification, which will include appropriate requirements for additional discharge monitoring and on-site environmental response capabilities. Sampling 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. ' nitorinu and Reportinv charge 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 Management Practices The permittee shall implement and maintain Best Management Practices(BMP)for the prevention of erosion and the control of solid 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 bales or other comparable structures;the use of geocloth, filter fabric,or plastic sheeting for protection of containment structures;rip-rap;and/or any other approved methods. Stormwater Management Plan See Part I.C.of the permit for stormwater requirements. At the time of application, the permittee certified that they had developed and implemented a Stormwater Management Plan(SWMP)for this facility. The permittee shall amend the SWMP whenever there is a change in design,construction,operation,or maintenance 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 ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with mining activity. A copy of the SWMP 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 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. • Permit Writer Erin Scott 303-692-3506 Correction:June 30,2008 CDPS GENERAL PERMIT • FOR SAND AND GRAVEL MINING AND PROCESSING (AND OTHER NONMETALLIC MINERALS EXCEPT FUEL) COLORADO DISCHARGE PERMIT SYSTEM In compliance with the provisions of the Colorado Water Quality Control Act(25-8-101 et seq., CRS, 1973 as amended), facilities engaged in mining and processing of sand and gravel and other nonmetallic minerals (mc fuel) are authorized to discharge surface runoff and process water from authorized locations throughout the St: of Colorado to specified surface waters of the State. Such discharges shall be in accordance with conditions o this permit. The applicant may demand an adjudicatory hearing within thirty(30)days of the issuance of the final permit determination,per the Colorado Discharge Permit System Regulations, Regulation No. 61 (5 CCR 1002-61). Should the applicant choose to contest any of the effluent limitations, monitoring requirements or other conditions contained herein, the applicant must comply with Section 24-4-104 CRS and the Colorado Dischar; Permit System Regulations. Failure to contest any such effluent limitation,monitoring requirement, or other condition,constitutes consent to the condition by the Applicant. • This permit specifically authorizes the facility listed on page 1 of this permit to discharge process generated wastewaters and/or stormwater, as of the date stated below, in accordance with the permit requirements and conditions set forth in Parts I and II hereof. All discharges authorized herein shall be consistent with the terms a conditions of this permit. This permit and the authorization to discharge shall expire at midnight, June 30, 2013 Issued and Signed this 30th day of May,2008 COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1.--7<411241v‘117/4 Janet ICieler, Permits Section Manager Water Quality Control Division • ISSUED AND SIGNED: MAY 30,2008 EFFECTIVE DATE OF PERMIT: JULY 1, 2008 9>f,-6BZ (COO x'L I 9691,-LBZ (f0C) .a,oud i rovoe 03 3,I0 S3ai! b _ s,o,u.rn SI 30 03 3 i1 E pigpg opo�o�op 'uosnpuaH a�u��y W196 1°03 IZCL '^ de/1,u 30tl0053tl 1360) 3N01g3tl,d r a l - a i 1 .OUT '�SU.IaAa .9 I \ a -----7:::: M31AMI1VID3dS 103Sf1 UHUNHWV ! ! O O N "(;). o e ,• , _,1 „ . 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Everist, Inc. _ 4 Y. a AMENDMENT op use BY SPECIAL REVIEW ° ., r , ; i a Fql wha RAW ro"o0 1,.OM la>cs��/3mo 3 FIRESTONE GRAVEL RESOURCE wom rLvwnN. 0,i., f" 7321 East 88th Avenue I Henderson,Colorodo 80640 6- k ;,--. x Ina weerod 19 ,; }t, phone: (303)287-4656 I fox: (303) 289-1346 0 s :, 10,3 cYrten..Celer.de, ega04 1 • L. G. EVERIST, IN CORPORATE OFFICE Y C• 300 S PHILLIPS AVE •SUITE 200 P.O.BOX 5829 SIOUX FALLS,SD 57117-5829 • .,' PHONE 605-334-5000 FAX 605-334-3656 MOUNTAIN DIVISION 7321 E.88TH AVENUE•SUITE 200 HENDERSON,COLORADO 80640 303-287-9606 FAX 3tlkatillovaty Planning Department December 21, 2010 GREELEY OFFICE me 2 P min RECEIVED Mr. Kim Ogle Weld County Planning Department 1555 North 17th Avenue Greeley, Colorado 80631 RE:Mining Use by Special Review, Amendment to USR-1102 L.G. Everist, Inc. - Firestone Gravel Resource Dear Kim: L.G. Everist, Inc. respectfully submits a Use by Special Review amendment application for USR-1102, Firestone Gravel Resource, a permitted sand and gravel mine. We are amending the permit to add acreage to it and make some changes to the mining and reclamation plans. Please find attached the USR amendment application that L.G. Everist is submitting to Weld County • Planning. There are hard copies of all items that have been checked on the attached Mining Questionnaire Checklist, un-folded copies of the County and State maps, and a CD-Rom with an electronic copy of all items. The documents on the CD are in Adobe PDF format. Check 168392 for$12,346.60 is attached to cover the USR application fee. If you have any questions or need anything else to complete this amendment application please contact me by phone (303-286-2247) or by email (Imshults@Igeverist.com). Sincerely, .anti 145 Lynn Shuits Regulatory manager cc: Dennis Fields, L.G. Everist, Inc. Steve O'Brian, Environment, Inc. enclosure • • L vl !! .G. EVERIST, INC. SAND ROCK FIRESTONE GRAVEL RESOURCE - USR 1102 WELD COUNTY, COLORADO December 2010 Amendment to a Use By Special Review In Weld County Colorado PREPARED BY • ENVIRONMENT, INC. 7985 VANCE DR., SUITE 205A ARVADA, CO 80003 (303)423-7297 TABLE OF CONTENTS Application Form 1 Source of Legal Right to Enter 5 • Affidavit of Interest Owners Surface Estate (Within 500 Feet)and Names of Owners of Property Within 500 Feet 6 Project Overview 12 Mine Operations Questionnaire 13 1 General Description 14 la Types of Structures and Processing Equipment to Be Employed 14 lb Number of Shifts and Maximum Number of Employees 15 1c Extraction Operation 16 1d County Roads and Bridges to Be Utilized in Transportation. 16 le The Size of the Area and Stages to Be Worked at Anyone Time. 16 1f Mining Timetable 17 1g Thickness of Overburden and Mineral Deposit 17 1h Reclamation Plan 17 Reclamation Process • R18 Topsoil Preservation 19 Regrading and Shaping 19 Topsoil Replacement 20 Revegetation 20 Storm Drainage Plans 20 Reclamation Timetable 20 1i Source of Technical Advice 21 2 Consistent with the Weld County Comprehensive Plan 21 1-25 Mixed-use Development(M.U.D)Area 21 Public Facility and Service Goals and Policies 21 Transportation Goals and Policies 22 Environmental Quality Goals and Policies 22 • Wildlife Goals and Policies 22 Open Space, Parks, And Recreational Goals and Policies 22 Commercial/mineral Resource Deposits Goals and Policies 22 Oil and Gas Mineral Resource Goals and Policies 22 3 Consistent with Intent of District 22 4 Conservation of Agricultural Land 23 5 Protection of Health, Safety and Welfare 23 6 Compatible with Existing and Future Surrounding Land Uses 23 7 Existing Land Uses 24 8 General Operations Details 24 8a Number of People Using the Site 24 8b Hours of Operation 24 8c Type and Number of Animals 25 8d Vehicle Accessing the Site 25 8e Fire Protection 25 8f Water Supply 25 8g Sewer Supply Source 25 8h Proposed Storage or Warehouse use. 26 8i Description of Waste Storage 26 8j Landscaping 26 • 8k Construction and Landscaping timetable 26 81 Reclamation procedures upon Termination of USR 26 8m Sediment Control 26 8n Method and Timing for Disposal of Waste Generated at Site 26 8o Need for Proposed Use 27 8p Overlay District Regulations. 27 Flood Plain Overlay Zone District 27 Geologic Hazard Overlay Zone District 27 Airport Overlay Zone District 27 • APPENDIX A: Preliminary traffic Study 28 Water supply Information 29 Sewer Supply Information 56 Soils Report 57 Property deeds 90 Certificates of Conveyance 140 Oil & Gas Agreements 151 Ditch Agreement 177 APPENDIX B: MAP EXHIBITS Small scale maps 181 Special Review Plat-Vicinity Map 184 Extraction Plan Map 185 Post-mining Contour Map 186 APPENDIX C: STATE RECLAMATION PLAN PACKET 187 • • Existing permit area Boral Property (PER SECURITY TILE GUARANTY CO. POLICY NO. 50266327-1-E AND PER REC. NO. 3550436) • PROPERTY DESCRIPTION (124 . 509 ac ±) PARCEL 1 : That part of the W34 of Section 32, Township 3 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado, lying west of the right of way of the Union Pacific Railway Company; except that portion there of lying north of the center of the public highway more particularly described in instrument recorded in book 296 at page 556. Parcel 2 : That part of the W% of Section 32, Township 3 North, Range 67 West of the 6th P.M. lying west of the north-south centerline of the former Union Pacific Railroad Company' s right of way, Weld County, State of Colorado. Area being added NELSON PROPERTY (SECURITY TITLE GUARANTY CO. FILE NO. S0171746) PROPERTY DESCRIPTION (194 . 094 ac ±) All that portion of the West Half (W ) of the Southeast Quarter (SEA/,) and of the West Half (W ) of Section 32, Township 3 North, Range 67 West, lying East of the right of way of the Union Pacific Railroad Company as th/e same now exists across said premises, except any existing rights of way for highways and ditches, and • except five (5) acres in the Southeast corner of said premises heretofore reserved for use as a cemetery, County of Weld, State of Colorado. Together with, All right, title, and interest in and to the right of way of the Dent Branch of the Union Pacific Railroad Company lying Southeasterly of the centerline of main track of said Railroad as was originally constructed and operated through the West Half (W%) of Section 32, Township 3 North, Range 67 West of the 6th P.M. in the County of Weld, State of Colorado. Per Quit Claim Deed recorded March 16, 2004 at Reception No. 3162327 in the Records of Weld County. McHALE PROPERTY (SECURITY TITLE GUARANTY CO. FILE NO. 50060973, AMENDMENT NO. 1) PROPERTY DESCRIPTION (58 .728 ac ±) The Southwest Quarter (SW14,) of the Northeast Quarter (NE14) and the South Half of the Northwest Quarter of the Northeast Quarter of Section 32, in Township 3 North, of Range 67 West, except a strip of land conveyed to the Union Pacific Railroad Company April 26, 1909 in Book 300 at Page 469, and subsequently conveyed to the Town of Firestone March 19, 1997 at Reception No. 2538622, County of Weld State of Colorado. • Colorado Division of Minerals & Geology Report Sorted By Operator 10/8/2010 ounty: Weld • operator: L.G.Everist,Inc. }; e's •a ermil Number: All Permit Numbers ) 1'' e2 t "~"' ne Name: All Mne Names -ermit Status: Any Permit Status ECommodity: All Commodities „ 1. IC,jam R `n:;2:. Lam` .,.*S„,,-Ii'� may i s '.-.7-...;. L t T1Q � , .�_._...._..., .�.3=�sri Yr.,.e�.�. .�...t.+ei..;:.- ...}`_. .ea:...1a.:,,'....d,Y... ...„:t ._.. _._. ��:�u .,,,�,3..,c.,.'�,„.,dl:+..c.r......r...._.,d.-... ...... L.G.Everist,hc. Lynn M Shults Wel. Carr Gravel Resource 7321 E.88th Ave.,Ste 200 1,412.'c M1988048 9/22/1990 S- 112c AC Henderson CO 80640-0000 $791.4' SW/NW 26 11N 67W 06 (303)286-2247 SDG $51,400.0' L.G.Everist,hc. Dennis L Fields Wel. Firestone Gravel Resource . 7321 E.88th Ave.,Ste 200 366A1 M1996.0.5.2 8/4/1998 S. 112c TC Henderson CO 80640-0000 $791.0' NE/SW 32 3N 67W 06 (303)287-4656 SDG $509,900." L.G.Everist,Inc. Lynn Shults Wel. Rinn Valley Resource 7321 E.88th Ave.,Ste 200 240.'' M1997093 3/13/1998 S_I 112c AC Henderson CO 80640-0000 $791.'' /SW/SW 10 2N 68W 06 (303)287-4656 SDG $114,685.'' L.G.Everist,Inc. Lynn MShults Wel.: Lohmann Sand and Gravel Wine 7321 E.88th Ave.,Ste 200 82." lt/Q001017 9/19/2001 Regulatory Manager S-- 112c AC Henderson CO 80640-0000 $791.'' /NE/NW 6 2N 67W 06 (303)287-4656 SDG $665,800.'' Return Colorado Division of Minerals & Geology Report Sorted By Operator 10/8/2010 -rcy,.y..-v{r*•.r+,,-�,r'r-f-.;sar k••:-y' h µ r..7 r • r"�� }, County: Weld IliVperator: L.G.Everist,Incorporated x . t `P ouTAir.it "a1? ermit Number: All Permit Numbers . • Mine Name: All Mine Names Permit Status: My Permit Status }Commodity: All Commodities $.' =x, ..:{,{7��7, ' rr ks11,. ff j� �tTkr., ��sy ill o' §^t ' -°` e,tea t• ,*•':'.f, �; .:.r'l h y iS1... i. T of{#$�i r t,.fl� "1}` I '' *TAM 1 ssWdk'' .x� . .IL-.-,..m �,.. t...u:�M.• ,..41,4 i r n2�..,',,;..,_., :.,..v�_�t.w ,. ..a,h.;�!..;.da...„:;L:•., ..',,L;,-,1'-',.-.„..;.,:,,...-.•:;,:':-....- . L.G.Everist,Incorporated Lynn M Shults Weld Ft.Lupton Sand and Gravel M > 321 E.88th Ave.,Ste 200 256.I M1999120 .11/2000 SR 112c .C Henderson CO 80640-00.a $791.11 /NW r 66W 06 303 286-2247 BOR $997,872.1 L.G.Everist,Incorporated Lynn MShults Weld Lupton Meadows Reservoir 7321 E.88th Ave.,Ste 200 190.74 M2002104 12/10/200: S' 112c ,C Henderson CO 80640-00" $791 I' SW/SW 30 2N I 06 303 286-2247 SDG BOR O\43 $289,000._4 Return • SOURCE OF LEGAL RIGHT TO ENTER STATE OF COLORADO ss. AFFIDAVIT COUNTY OF ADAMS Dennis Fields, being first duly sworn upon oath, deposes and says : 1 . L .G. Everist, Incorporated is the surface and gravel rights owners of the property known as the Firestone Gravel Resource . A copy of the property deeds are available for inspection at their offices in Henderson, CO. 2 . That L.G. Everist, Incorporated is legally empowered to enter upon the subject lands and to conduct mining operations for sand and gravel and other construction materials on said mine . • 3 . That L.G. Everist, Incorporated is empowered to acquire any permits for mining, reclamation and land use changes on this property with or before the Weld Government under the provi- sions of the Weld County Zoning statutes . 41t L Dennis Fields - Vice President SUBSCRIBED and sworn to before me this IS , day of beccMLE*^ , 2010, by Dennis Fields as the Vice President of L.G. Everist, Incorporated. Notary ublic My commission expires : (notarial seal) U1 -0O^2t/� LYNN MAYER SHULTS NOTARY PUBUC STATE OF COLORADO L.G. EVERIST, INC PAGE 12 USE BY SPECIAL REVIEW AMENDMENT December 17, 2010 • PERMIT # USR 1102 PROJECT OVERVIEW Pursuant to the Weld County Zoning Resolution, L.G. Everist, Inc . (LGE) herewith submits an application to amend a Use by Special Review Permit (USR 1102) for open pit mining and reclamation in the Agricultural (A) District . The original submittal for USR 1102 was to allow mining on 105 . 29 acres owned by Owens Brothers Concrete Company and later transferred to Ready Mixed Concrete Company. The site was called the Del Camino Pit . This application and amendment adds two new parcels of land called the Nelson Parcel and the McHale Parcel after the previous owners . The Nelson property covers 194 . 05 acres ± and the McHale property is 58 . 73 acres ± . It also adds 19 . 22 acres ± that was originally left out of the permit so the permitted acreages will match the sizes show in the deeds . The existing permit area covers 105 . 29 acres and in this amendment application an additional 272 . 04 acres is added so the total will be 377 . 33 acres ± . The State Permit covers 366 . 70 acres of the property with the remaining 10 . 63 acres covers area not minable due to County Road easements . • When L.G. Everist, Inc . , purchased the permitted property LGE renamed the site the Firestone Gravel Resource. Much of the information presented in this amendment application remains the same as was submitted in 1995 during the original permit- ting process . This amendment increases the amount of reserves available at this mine and extends the life of the mine . Some changes are made to the mining methods and the final reclama- tion. Please note : The original application materials submit- ted by Owens Brothers to the state and to Weld County called for operating the mine as a dry mine i .e . dewatering the property, then mining with front end loaders . Somehow the final resolution was approved for a "wet" sand and gravel mine . LGE believes that this was an accidental change over- looked by all parties . This site was acquired to give L.G. Everist new sand and gravel reserves once the gravel begins to run out at their Lohmann Sand & Gravel Mine . When this happens, the intent is to gradually transition from the Lohmann Mine to the Firestone • Gravel Resource . For a short overlap period, products may come from both mines, while Lohmann still has stockpiled product to sell and until Firestone is in full production. This will not increase the traffic on WCR 26 , but rather move it a % mile farther east along the road. L.G. EVERIST, INC PAGE 13 USE BY SPECIAL REVIEW AMENDMENT December 17,2010 • PERMIT # USR 1102 The Firestone Gravel Resource site is located north and east of Weld County Road Nos . 26 and 15 and in southwest Weld County (see Vicinity Map) . The site is bordered by County Road No. 26 on the south, County Road No. 15 on the west, County Road No. 26-3/4 on the north, and County Road No. 17 on the east . The area is bisected by an old railroad grade, which happens to be the eastern property boundary between the existing USR permit area and the area being added to the permit . The western portion of the property is already permit- ted for mining and the new area was historically used for irrigated cropland, irrigated pasture, and dryland pasture . The original permit area was issued a Regular 112 Reclamation Permit by the Mined Land Reclamation Board (M.L.R.B. ) in 1996 (permit # M-1996-052) . In January 2010, an amendment applica- tion was submitted to the M. L.R.B. to add the 261 .41 acres ± and to change the mining and reclamation plans . The amendment was approved on September 10, 2010 and the bond was set at • $509, 900 . A copy of the Mined Land Reclamation Board packet is made part of this submittal . The packet contains the original submittal information, the responses to the state ' s adequacy reviews and the approval letter. Under the previous owners/operators the mining began on the north end of the property, and created a lake covering eight acres more or less . They installed a scale, a scale house/office trailer, a security gate at the mine entrance and paved WCR' s 15 and 26 . Their processing plant and stockpile areas were on the west side of the property. L.G. Everist ' s plans are to keep all activities associated with processing and sales in the Plant Site Area to utilize these facilities . This will also keep all processing and auxiliary uses in one area for the life of the mine. Mining Operation Questionnaire The total acreage in this amendment to the Use by Special Review Permit # USR 1102 is being increased to 377 . 33 acres ±, of which approximately 309 . 42 acres ± will be mined. Existing site features are shown on the Extraction Plan Map and Vicin- • ity Map . The format presented below is in the order used on the Questionnaire . L.G. EVERIST, INC PAGE 14 USE BY SPECIAL REVIEW AMENDMENT December 17,2010 • PERMIT # USR 1102 General Description This mine will operate as a dry mine. Please note : The original application materials submitted by Owens Brothers to the state and to Weld County called for operating the mine as a dry mine i . e. dewatering the property, then mining with front end loaders . Somehow the final resolution was approved for a "wet" sand and gravel mine . LGE believes that this was an accidental change overlooked by all parties . Mining and processing began in the northwest part of the existing permit area west of the old railroad bed in 1996 . There is a small lake (approximately 8 acres ±) north of the plant site area that was created at that time . In amending the state permit we revised the mining direction and delayed removing gravel from the Plant Site area - Area 2 until mining ends on the rest of the mine. When mining resumes, it will begin in Area 1 to create a settling pond for wash water from the processing plant . Once this area is completed, mining will begin on the area west of the old railroad bed in Area 3 • and move east in a clockwise direction thru Areas 4 and 5 . The mine areas and general direction of mining are shown on the Extraction Plan Map. Areas to be mined will be dewatered so that the full depth of gravel can be recovered and slope construction can be completed. When mining ends on a section of exterior slope area reconstruction will begin to create the liner that will seal the mined area. The sealed areas will become water storage reservoirs when completed. As mining begins in an area the vegetation and surface debris will be removed, and then available topsoil will be stripped and stockpiled for later use in reclamation. Overburden material (i .e . silt and clay) will then be excavated and stockpiled for use in liner construction. Sand and gravel will then be excavated and processed on-site . It is estimated that ten to fifteen acres ± will be mined annually. Average annual production is estimated at approximately 600, 000 tons per year. • 1.a Operation and Processing Equipment to be employed Sand and gravel will be screened, crushed and stockpiled into the various aggregate products . We anticipate the need to recycle concrete and asphalt as part of our long L.G. EVERIST, INC PAGE 15 USE BY SPECIAL REVIEW AMENDMENT December 17, 2010 • PERMIT # USR 1102 term plan to utilize recycled material when ever possible. As market demands dictate, a concrete plant and an asphalt plant may be installed in the Plant Site Area of the mine . Stockpiles and processing equipment and plants will remain in the Plant Site Area in part of Area 2 throughout the life of the mine . Equipment may include but is not limited to: Dozers Loaders Haul trucks Portable Stackers Portable Conveyors Concrete plant Asphalt plant Processing Plants (includes feeders, crushers and screens) 1.b Number of shifts and maximum number of employees It is anticipated that up to two shifts per day will be used, employing ten to fifteen people 1.c Extraction Operation Areas to be mined will be dewatered so that the full depth of gravel can be recovered in a "dry pit" mining method (see • note in General Description) . Approximately six weeks in advance of mining starting on a new Area a trench will be excavated to bedrock around the area to be mined. A pump will be installed at the low point of the trench and pumping will begin with the water being discharged into St . Vrain River. The dewatering activities are addressed in our Substitute Water Supply Plan and a well permit issued by the Colorado Division of Water Resources and by the CDPS permit from Colorado Department of Public Health and Environment (permit # COG 500333) for the discharge . Field conveyors will be positioned to move the mined material to the pro- cessing plant . Once an area is stripped, mining will begin even though the groundwater may not be totally removed. Eventually mining will reach bedrock and we will have cre- ated a working face from the original ground level to bed- rock. This face will extend the width of the property and will advance across the area being mined. The field convey- ors will be extended to reduce the raw material haul dis- tance. As mining progresses reclamation will run concur- rently to keep the amount of area disturbed at one time to a • minimum. L.G. EVERIST, INC PAGE 16 USE BY SPECIAL REVIEW AMENDMENT December 17, 2010 • PERMIT # USR 1102 1.d County roads and bridges to be utilized/transportation. All aggregate material will be hauled off the property by gravel haul trucks . The ingress-egress point shown on the Extraction Plan Map remains unchanged from what is now approved. The trucks enter onto County Road 15, travel south to County Road 26 , west to County Road 13 , south to State Highway 119, and west to Interstate-25 . This route was paved when the previous owner permitted the mine. The road agreement is still in place . We anticipate the need to make local deliveries to the east, north and south of the mine on a very limited basis to meet local demand. Average annual production is estimated at 600, 000 tons per year. Assuming 250 operating days per year and 25-ton capac- ity haul trucks, the truck trips generated would be as follows : Average Annual Annual Average Daily Maximum • Production Truck Trips Average* Trips (Tons) per day 600, 000 24 , 000 96 192 *A TRUCK TRIP IS COUNTED AS A LOADED TRUCK LEAVING THE SITE . 1.e The size of the area and stages to be worked at any one time. No more than 100 acres ± will be disturbed at one time . Of this 100 acres ±, 90 acres ± or fewer would need to be seeded depending on the size of the reclaimed area . We expect to have 30 acres ± open before there is sufficient room to begin reclamation but once that happens, reclamation will follow mining to keep the disturbed area within the limits set by the State Permit . The Bond Map that is part of the Division of Reclamation, Mining & Safety packet (page 161) shows how the site would look when mining has pro- gressed into Area 3 . • L.G. EVERIST, INC PAGE 17 USE BY SPECIAL REVIEW AMENDMENT December 17, 2010 • PERMIT # USR 1102 1.f Mining Timetable ACRES .+ AREA* YEARS** TOTAL MINED MISO� (I.E. ' AREA SETBACKS nm UNDISTURBED,: ETC-) Area 1 1-2 14.61 9.31 5.30 Area 2 2-4 34.89 29.67 5.22 Area 3 12-14 120 .90 111.14 9.76 Area 4 1-3 18 .96 15.15 3 .81 Area 5 15-17 159.89 144.15 15.74 Area B 31-40 17.45 0.00 17.45 TOTALS 31-40 366.70 309.42 57.28 * Areas are only used to explain the mining areas, not the direction or timing of the mining operations. **Assumes production of 600,000 tons per year. 1.g Thickness of Overburden and Mineral Deposit Approximately one foot of topsoil will be removed and stock- piled; five to six feet of overburden and other material will be removed; and 28 to 32 feet of sand and gravel will • be extracted. 1.h Reclamation Plan The post-mining land use in this amendment changes from ponds, native vegetation and wildlife habitat to developed water storage or pasture depending of the reclamation option we choose . The approximate post-mining land form is shown on the post mining contour map. The State of Colorado approved a final reclamation plan that allows for flexible development of the site . The revised plan is to have two options for final reclamation depending on the availability of water rights at the mine as the liner is completed in each excavated area. Both options will be lined as per the liner design that was prepared following the "Guide to Specification Preparation for Slurry Wall and Clay Liners as a Component of a Colorado Mined Land Reclamation Permit" and the constructed liner will be certified by the Office of the State Engineer as • part of the reclamation process . The Reclamation Plan Map (Map 3 of 3) shows how the site will be graded and shaped under both options . The exhibits and figures noted in the L.G. EVERIST, INC PAGE 18 USE BY SPECIAL REVIEW AMENDMENT December 17, 2010 • PERMIT # USR 1102 following text can be found in the M.L.R.B. packet made part of this application . Option 1 This option is based on there being no water available to fill the lined area at the time of reclamation thus leaving a dry hole in the ground. Under this option the floor and side slopes of the excavated area will be resoiled with eight (8) inches ± of topsoil and revegetated using the proposed seed mix . The revegetated area will remain as is until it is practical to convert the lined areas to reser- voirs . Exhibit AD-4 is a color version showing the mined areas as being revegetated. This color map supplements Figure E-1 in the application packet . Option 2 This option is to fill the lined areas and create developed • water storage reservoirs . The liners will be installed according to the design criteria provided in the permit packet . The site would then be available for filling with water upon final certification . The various areas of recla- mation will be the same as shown in the Reclamation Timeta- ble of the application. The above-waterline area would be resoiled with 8 inches of topsoil and seeded with the pro- posed seed mix. The first filling would complete reclama- tion on the reservoir areas . Exhibit AD-4 is a revised Figure E-1 to show reservoirs instead of lakes, other—wise no changes have been made to that figure . Reclamation Process Reclamation will take place concurrently with mining so no more than 100 acres ± will be disturbed at one time . Ini- tial reclamation begins once there is 1, 000 feet of bank slopes that need to be reconstructed. This may mean that in the beginning there will be 30 acres ± being mined before reclamation begins . Once mining reaches the outer limits of any given area we will begin to reconstruct the reservoir • banks . Initially, the material salvaged during stripping will stored on the mine floor where it will subsequently be L.G. EVERIST, INC PAGE 19 USE BY SPECIAL REVIEW AMENDMENT December 17,2010 • PERMIT # USR 1102 used when constructing the compacted liner along the perime- ter of the reservoirs . When sloping is complete, the opera- tor will not re-disturb the area, and will resoil and revegetate it . The reclamation will be monitored and any remedial work will be done until the vegetation meets the criteria for release . This usually is complete within 5 years after mining ends in an area . Topsoil Preservation Soils on the site vary from sandy loam to clay loam to silty clay and with surface layers varying from seven to twelve inches thick averaging eight inches . The surface layer of productive loamy soils will be salvaged during the initial phases of mining and will be stockpiled for later use . The location of topsoil stockpiles will be within the permit area and in areas close to final placement . As mining pro- gresses there may be areas ready for topsoil replacement at the same time that new areas are being stripped. If the • timing coincides, topsoil may be hauled directly from the area being stripped to the area to be reclaimed, rather than stockpiled. Topsoil will be removed before any mining or other surface disturbance takes place . Topsoil will be salvaged only from areas required for mining and mine-related surface distur- bance . Soil material that is stockpiled will be placed on a stable surface within the permit area and will be clearly marked. The topsoil stockpiles will be protected from dis- turbance, and will be seeded with a cover crop to minimize erosion from wind and water. Existing vegetation verifies the Soil Conservation Service ' s determination that soils in the area are suitable for pasture and crops . Regrading and Shaping The pit slopes will be rebuilt as a compacted liner creating sealed reservoirs . The final slopes will be graded 3 hori- zontal to 1 vertical per the liner design plan prepared for • the site . The floor of the excavated area will be left as mined and the tops of the slopes will be shaped and graded. If Option 1 is chosen the disturbed area will be resoiled to L.G. EVERIST, INC PAGE 20 USE BY SPECIAL REVIEW AMENDMENT December 17,2010 • PERMIT # USR 1102 prepare it for revegetation. If Option 2 is used only the above-water areas will be resoiled and revegetated. Topsoil Replacement Topsoil replacement will occur following regrading and scarification of the area to be vegetated, primarily in late summer and fall . This procedure limits the time that topsoil is exposed prior to revegetation and avoids moving topsoil when it is frozen or too wet. Topsoil will be replaced an average of 8 inches deep over the seed bed. Revegetation In Option 1, revegetation of the disturbed areas with a predominantly native grassland seed mix will stabilize the site and return it to its present use . If Option 2 is used the above-water areas will be revegetated using the same seed mix to protect them from erosion and facilitate using the area as buffer around the reservoirs . • Storm Drainage Plans Storm drainage on disturbed areas will be diverted and directed into the mined-out areas to the extent possible such that no runoff from disturbed ground enters natural drainage ways or ditches during mining and reclamation activities . Other flows will be directed through sediment trenches and/or ponds prior to discharge . A CDPS Storm Water Discharge permit was obtained from the Colorado De- partment of Public Health and Environment (COG 500333) . Water from off-site will be directed around the mine using isolation ditches or berms to keep off site contaminated water from reaching the mine . Reclamation Timetable The numbers presented below represent our estimate of the various areas of disturbance in the mine area. They may change as the actual mining progresses through the site . • L.G. EVERIST, INC PAGE 21 USE BY SPECIAL REVIEW AMENDMENT December 17, 2010 • PERMIT # USR 1102 ACRES t AREA YEARS TOTAL LAKE REVEGE- ROAD MISC. AREA. TATION (D1TCEES," UWDISTUR$ED AREA$, ETC.) Area 1 3-5 14 . 61 0.00 9.31 0 . 00 5.30 Area 2 3-5 34 .89 23.38 5. 02 1 .27 5.22 Area 3 3-5 120. 90 101 .25 8 . 16 1 .73 9.76 Area 4 3-5 18 . 96 0. 00 14 .29 0.86 3. 81 Area 5 3-5 159. 89 128. 86 10. 90 4 .39 13. 74 Area B 3-5 17 . 45 0.00 17.45 0.00 0.00 TOTALS I 366.70 253.49 65. 13 8 .25 37.83 1.i Source of Technical Advice L.G. Everist is a family-owned company that operates gravel mines throughout the United States . LGE staff provides the technical expertise to design mining and reclamation plans • for gravel mines in Colorado. LGE uses other companies for engineering and consulting services to deal with the parts of the planning and design such as flood plain analysis, surveying, ecological consulting firms, engineering design experts, water consulting firms and permitting experts . 2 Consistent with the Weld County Comprehensive Plan The Weld County Comprehensive Plan county-wide growth and land use goals and policies, as applicable to this mining project are discussed below. This project is consistent with the proposed Weld County Comprehensive Plan goals and policies as demonstrated in the following discussion. 1-25 Mixed-Use Development(M.U.D)Area The project property is not within the I-25 M.U.D. and activity center overlay district . Public Facility and Service Goals and Policies The Special Review Permit Development Standards provide adequate impact mitigation to existing public facilities . • L.G. EVERIST, INC PAGE 22 USE BY SPECIAL REVIEW AMENDMENT December 17, 2010 • PERMIT # USR 1102 Transportation Goals and Policies The Special Review Permit Development Standards provide adequate impact mitigation to existing public transporta- tion facilities . Environmental Quality Goals and Policies The Special Review Permit Development Standards assure the project will not conflict with environmental quality goals and policies . Wildlife Goals and Policies The project will not conflict with wildlife goals and poli- cies . Natural ecosystems have been disturbed by the exten- sive historic and current cultivation of the property. Reclamation of the property as reservoirs will provide long- term wildlife habitat, thought not specifically developed for that use . • Open Space, Parks, and Recreational Goals and Policies The project will not conflict with the goals and policies for open space, parks, and recreation. Mining and reclama- tion of the property will preserve the long-term opportuni- ties for open space, viable wildlife habitats, and enjoyment of the environment . Commercial/Mineral Resource Deposits Goals and Policies The Special Review Development Standards for mining and reclamation will provide compliance with these goals . Oil and Gas Mineral Resource Goals and Policies Existing oil and gas extraction activities and recorded leaseholds on the site or adjacent properties will be ade- quately addressed to ensure that they will not be adversely impacted by the mining activity. 3 Consistent with Intent of District The project property is zoned Agricultural (A) . The proposed • project is consistent with special uses permitted in the Agricultural Zone District as demonstrated in this Use by Special Review permit application. L.G. EVERIST, INC PAGE 23 USE BY SPECIAL REVIEW AMENDMENT December 17,2010 • PERMIT # USR 1102 Zoning in the area of the project is primarily Weld County Agricultural (A) Zoning designations . The immediate neighbor- hood, generally a 1/2-mile area reaching beyond the project boundary, is rural in character. Sand and gravel mining is a historic use of the neighborhood as evidenced by multiple operating and reclaimed sand and gravel mines along St . Vrain Creek found within 3/4-mile of the project property. 4 Conservation of Agricultural Land According to the USDA SCS soil survey for the area, the prop- erty contains soils, which when in combination with available irrigation, would possibly constitute "prime farmland" . The property also contains a commercial mineral deposit, which state statutes say must be protected from development . The Weld County Comprehensive Plan also protects these lands from land uses interfering with extraction or sand and gravel . Mineral extraction will provide economic revenues for Weld County from the land, and will not interfere with the agricul- • tural productivity of surrounding properties . Soils generally consist of deep, well to poorly drained sandy and loamy alluvium, formed on terraces and bottom lands . The capability classification by the United States Department of Agriculture (USDA) Soil Conservation Service (SCS) of most of the soils on-site is, IIs irrigated (as shown on the Vicinity Map) . Topsoil will be stockpiled during mining operations and redeposited and reseeded during reclamation. Please refer to the Exhibit I/J - Soils and Vegetation information provided in the Mined Land Reclamation Board application packet for more details . A Soils report for the entire site is also provided. 5 Protection of Health. Safety and Welfare The Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. 6 Compatible With Existing and Future Surrounding Land Uses The Weld County Comprehensive Plan recommends continued• agri- cultural use for the surrounding area. The proposed sand and gravel mine will be compatible with existing mining in the immediate area, and will not interfere with the current and future agricultural activities . The Special Review Permit L.G. EVERIST, INC PAGE 24 USE BY SPECIAL REVIEW AMENDMENT December 17, 2010 • PERMIT # USR 1102 Development Standards will provide adequate impact mitigation to nearby farms . The subject property, adjacent properties, and properties within 1/2-mile are zoned Agricultural (A) . A portion of land east of County Road 17 was annexed into the Town of Firestone in 2010 and was zoned for mining. County road 26 has also been annexed into The Town of Firestone from WCR 17 west to WCR 13 . There are 5 permitted sand and gravel mining opera- tions within 3/4-mile west of the site to the East, north and south. Existing land uses of adjacent properties are low- density rural in character with scattered farm houses and farms . 7 Existing Land Uses The western portion of this land was approved for mining in 1996 . The area we are adding has been used for agricultural purposes including irrigated corp land, irrigated grass-hay, irrigated pasture, and dryland pasture . The remaining area is • ditches, farm facilities and ground unsuitable for mining. Portions of the western parcel has been mined, so contains little vegetation. The eastern and southern sides of the existing permit area has supported irrigated crop production in recent years . The new area has been used as irrigated pasture, or for hay production. A small area in the southeast corner is a dryland pasture. The vegetation resource on the property is not unique . The capability classification of the soils is relatively good crop land, if irrigated. 8 General Operation Details 8.a Number of People Using the Site. There will be between 10-15 employees mining and processing material daily. In addition, there may be around 100 visi- tors daily, including truck drivers, service contractors, company personnel from other sites, customers and others . 8.b Hours of Operation • The mine will be operated from 6am to 8pm Monday thru Satur- day, weather permitting. In addition, there may be a need to operate outside these times frames in cases of local , L.G. EVERIST, INC PAGE 25 USE BY SPECIAL REVIEW AMENDMENT December 17,2010 • PERMIT # USR 1102 state or national emergencies . We also do service and maintenance activities on equipment after hours as a safety precaution for the service personnel . 8.c Type and number of Animals There will be no animals associated with this use . Parts of the land not used by the active mine may continue to be used for agricultural purposes such as irrigated cropland and/or pastureland for cattle. 8.d Vehicles accessing the site Description Size Empty Weight Gravel Haul truck 40 tons 25 tons Gravel haul truck 25 tons 15 tons Service truck NA 5 tons Light Trucks Pickup 2 tons Passenger cars NA 1 . 5 tons • Ready-Mix trucks 10 yds 25 tons Delivery Vehicles variable 25 tons max Asphalt Haul trucks 40 yd 25 tons 8.e Fire Protection Fire protection is provided by Mountain View Fire Protection District . 8.f Water Supply The applicant ' s existing water rights in the area will be used to supply water for dust control, evaporation and product washing and losses . Proof that a water supply will be available in terms of quantity, quality, and dependabil- ity is provided by the attached documents . We also have a water tap from Central Weld County Water District to supply potable water if necessary. 8.g Sewer Source This remains unchanged from what was approved in 1996 . Portable toilet facilities are maintained on site for use by employees . This allows us to have them available in central • locations around the mine and close to where workers are active . These units are serviced and maintained weekly or sooner as needed. We may also choose to install a septic L.G. EVERIST, INC PAGE 26 USE BY SPECIAL REVIEW AMENDMENT December 17,2010 • PERMIT # USR 1102 system or tap into the St . Vrain Sanitation District sewage system that provides services in this area. 8.h Proposed storage or Warehoused items Not Applicable 8.i Description of Waste storage The waste generated at the mine will be general office and shop trash that will be placed in an approved container for that type of waste . Fluids generated during equipment service or repair is collected and stored in steel or plas- tic containers approved for that use . 8.j Landscaping No landscaping will be done on the site . This is a mine and all restoration is covered by our Mined Land Reclamation Board permit . 8.k Construction and Landscaping Timetable. • Not applicable for mining operations . Please see the Mining Timetable in Section l . f . 8.1 Reclamation Procedures upon Termination of USR If the USR is terminated before mining ends the State permit requires that reclamation begin as soon after termination as practical . Any area disturbed by mining must be reclaimed per the approved State Reclamation Permit within 5 years after completion of mining. 8.m Sediment Control The operation has been designed such that there will be controlled discharge to surface drainages during dewatering of mine areas . Diversion ditches and berms will be used to prevent uncontrolled off-site discharge from entering the mine area. Runoff on the property will be directed to retention areas within the pit where the runoff will be stored until the fines have settled out . Then the clarified water will be discharged according to the SWSP Plan and CDPS permit and stormwater management plan. • 8.n Method and Timing for disposal of waste generated at site. L.G. EVERIST, INC PAGE 27 USE BY SPECIAL REVIEW AMENDMENT December 17,2010 • PERMIT # USR 1102 We will contract for weekly trash removal with a general trash removal service. All fluids from equipment mainte- nance is delivered to a recycling facility approved to dispose of those liquids on an as needed basis . 8.o Need for Proposed Use Gravel is a valuable natural resource used to construct most infrastructure used by citizens of Weld County and surround- ing cities . Adding acreage to this site allows L.G. Everist the ability to extend the life on this site. It keeps LGE' s operations in the Firestone area centralized, which allows LGE to continue to use existing roads which LGE has already improved as per County regulations . Also, as noted previ- ously, our Lohmann facility has 3 to 5 years of remaining reserves, so LGE can transition into this mine and continue to serve the local area. 8.p Overlay District Regulations Floodplain Overlay Zone District • Our review of a Flood Development Permit prepared for Judith Timco shows that the 100yr flood elevation on her site is 5079 . This property is located north of WCR 26 . 75, on the northwest corner of the permit area . Mrs . Timco' s house is between our property line and the St . Vrain River . The lowest elevation along our west and north sides in 5080 or about 2 feet higher then the 100 year flood elevation. This indicates that the western side of the USR area is no longer in the floodplain . Geologic Hazard Overlay Zone District The Geologic Hazard Overlay Zone District does not include the subject site. Airport Overlay Zone District The Airport Overlay Zone District does not include the subject site . • L.G. EVERIST, INC PAGE 28 • USE BY SPECIAL REVIEW AMENDMENT December 17, 2010 PERMIT # USR 1102 Preliminary Traffic Study The L.G. Everist Firestone Gravel Resource site is an existing approved mine (USR 1102) . The truck traffic will not change significantly under this amendment as the amendment only increases the reserves in this mine and extends the life by a few years . As noted in ¶ 1.d of the County Questionnaire, the daily average is estimated to be 92 and that during busy periods there could be as many as 192 one-way truck trips associated with this mine . This is consistent with what is currently permitted. Because the traffic is not changing and because the majority of roads that trucks will be using have been annexed into the Town of Firestone, we feel there is no need for a detailed traffic study. The Weld County Road Improvements Agreement was approved in 1997 and all improvements required in Improvements Agreement have been completed. The road improvements were completed in • 2003 and paid for by Owens Brothers and L.G. Everist, for a total of around $400, 000 . 00 . Since L.G. Everist has bought the Firestone Gravel Resource from the successor company to Owens, we have inadvertently paid for all the road improvements . The mine access remains on WCR 15 approximately mile north of WCR 26 . The approved haul route will remain unchanged and consists of using WCR 15 south to WCR 26; Then west on WCR 26 to WCR 13 . Weld County Roads 15 and 26 were paved to County standards with the 2003 improvements . It is our understanding that WCR 26 was annexed into the Town of Firestone in 2010, so the only Weld County Road we will be using for our haul route is the % mile of WCR 15 from our entrance south to WCR 26 . • WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 1111 H St PO Box 758 Greeley CO 80632 Phone: (970)356-4000 x3750 Fax: (970) 304-6497 Road File#: Date: RE#: Other Case#: 1. Applicant Name L. G. Everist, Inc. Phone (303) 286-2247 Address 7321 East 88th Ave, Suite 200 City Henderson State CO zip 80640 2. Address or Location of Access 12248 WCR 15, Firestone, CO 80504 Section 32 Township 3-N Range 67-W Subdivision Block Lot Weld County Road #: 15 Side of Road east Distance from nearest intersection 1050 3. Is there an existing access to the property? Yes ✓ No #of Accesses 10 4. Propo -• -. 0 ermanen 0 Residential/Agricultural0 Industrial 0 Temporary 0 Subdivision 0 Commercial 0 Other Mine access 5. Site Sketch • Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil &Gas WCR 26.75 D.R. = Ditch Road AG AG DGG= House DR D.R.DRAG oR_ J = Shed AGG = Proposed Access oR S. LO = Existing Access w MOEG9 DR. G&G A D.R. OBG AG O G D.R. °&GDR. 08G WCR 26 OFFICE USE ONLY: Road ADT Date Accidents Date Road A0T Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions 0 Installation Authorized 0 Information Insufficient • Reviewed By: Title: 11 MEMORANDUM • C TO: Board of County Commissioners August 13, 1996 COLORADO From: Shani L. Eastin, Current Planner SUBJECT: USR-1102, Owen Brothers Concrete USR-1102, for a wet sand and gravel mining operation, was approved by the Board of County Commissioners on March 6, 1996. In preparing the application for the State Mined Land Reclamation Board permit one of the requirements is that if the operation is closer than two hundred feet from any significant man-made structure that the applicant must have a written, notarized agreement with the owner of the structure where by the applicant agrees to compensate the owner for any damage caused by the mining. This operation lies within 200 feet of Weld County Roads 15 and 26 3/4. • • 961476 RESOLUTION RE: APPROVE AGREEMENT FOR COMPENSATION OF DAMAGES TO WELD COUNTY ROADS 15 AND 26.75 - OWENS BROTHERS CONCRETE COMPANY(USR #1102) 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, by Resolution dated March 6, 1996, the Board conditionally approved a Site Specific Development Plan and Special Review Permit for a wet sand and gravel mining operation in the A (Agricultural) Zone District, USR#1102, for Owens Brothers Concrete Company, 5550 Sheridan Boulevard, Arvada, Colorado 80002, on the following described real estate, to-wit: Part of the W112 of Section 32, Township 3 North, Range 67 West of the 6th P.M., Weld County, Colorado • WHEREAS, pursuant to the applicant's application to the Colorado Division of Minerals and Geology, Rule 6.4.19 of the Colorado Mined Land Reclamation Board requires a notarized agreement between the applicant and the owners of any permanent man-made structure within 200 feet of the affected land, whereby the applicant agrees to compensate the owner for any damage caused by the mining, and WHEREAS, said operation lies within 200 feet of Weld County Roads 15 and 26.75, and WHEREAS, the Board has been presented with such an Agreement for Compensation of Damages to Weld County Roads 15 and 26.75 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Owens Brothers Concrete Company, with terms and conditions being as stated in said agreement, and 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 for Compensation of Damages to Weld County • Roads 15 and 26.75 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Owens Brothers Concrete Company be, and hereby is, approved. e.(.1 Pt ) beevi(ezessn); pa) 961476 PL1022 • AGREEMENT- OWENS BROTHERS CONCRETE COMPANY (USR#1102) PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of August, A.D., 1996. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLD DO Mu% laeL,4.,1u..tiA, N I A ,1.24�x,L- cr : Le Barbara J. Kirkmeyer, Chair ;GI C my Clerk to the Board �° 1 n A f epike'E.2xterTem QputycIerotheBoard � � Dale K. Hall �� APP D AS TO FOR �S?st5 �ixe�.� G(i/ei.�.,,L/ Constance L. Harpert • my Attorne W. H. ester • 961476 PL1022 ; U INDUSTRIAL REALTY ASSET MANAGEMENT, LTD. Real Estate Services far the Mining and Construction Industry Nationwide Weld County Planning Dept. June 14, 1996 JUN 2 4 1996 Drew Soinga RECEIVED Weld County Engineer 1400 North 17th Street Greeley, Colorado 80631 RE: STATE MINING PERMIT APPLICATION - OWENS BROTHERS WELD COUNTY PROPERTY AT COUNTY ROAD 26 &3/4 AND WELD COUNTY ROAD 15 • Dear Drew: As you know, the County Commissioners approved the Use by Special Review for this project with 25 foot setbacks from the property boundaries. We are now preparing the application for the State Mined Land Reclamation Board permit and one of the requirements is that if we are closer than two hundred feet from any significant man-made structure that we must have a written, notarized agreement with the owner of the structure whereby Owens agrees to compensate the owner for any damage caused by the mining. Weld County roads 15 and 26 and 3/4 are within this 200 foot requirement and are considered significant man-made structures. We therefore need an agreement with Weld County. Enclosed is the standard agreement form signed by Owens Brothers Concrete Company for County approval and signature. Please return this form to me after it is signed and notarized in the • enclosed stamped envelope. PAUL G. GESSO 7475 West 5th Ave.,Suite 216 • Lakewood,CO 80226 • Office(303)2744277 • Home(303)237-1050 • Mobile(303)888-7926 • Fox(303)274-4277 961476 • If you have any questions about this State requirement or about the agreement form, please call. Thank you. y , Sincerely, Paul G. Gesso, MCR Consultant to Owens Brothers Concrete ),(f v,) cic--4,1 _.•ClAttek &AV //) "7 Cil • 96147 • Agreement Owens Brothers Concrete Co. has made application to the Colorado Division of Minerals and Geology for a permit to mine sand and gravel. The property is located in Section 32, Township 3 South, Range 67 West in Weld County, Colorado. Nor-4h Q) Rule 6.4.19 of the Colorado Mined Land Reclamation Board (Construction Material Rules and Regulations, January, 1996) requires the permit applicant to provide a notarized agreement between the applicant and the owners of any permanent man- made structure within 200 feet of the affected land. The agreement must state that the applicant will provide compensation for any damage caused by the mining operation to any structure within 200 feet. Owens Brothers Concrete Company agrees to provide compensation for any damage caused by the sand and gravel mining operation to the structure listed below (which is located within 200 feet of the affected land). • STRUCTURE WITHIN 200 FEET OF AFFECTED LAND Weld County Roads 15 and 26 &3/4 OWNER OF STRUCTURE Weld County. Colorado • AGREED: Toect ( wens Brothers Concrete Co. - Title) 9614i® • SunE 14, I. 9 qk Date NOTARY State of Colorado City, County of AbAn, s The foregoing was acknowledged before me on this 14gµ day of 3u h r , AD, 1996 By My commission expires: la ,a rim ''1 Notary Public: J'itttt �l- 6.•u.4, 13 en tr c.�k'S AGREED: 0//9/94 4 Date stool 1,11,,,,1,,/ No SAatio C6iorado tr) .* C l WI969r, y of ✓ le frt -,,,,,,ormmi%;,tei'eg oin was acknowled ed before me on this /q Day of (../ 14t. , AD, 1996 By/Xi Y}Y.1(L,J L'i rkrne yei' My commissi expires: MY C0MMISStQN EXPIRES MARCH 4, 7997 Notary Publi ,r O.411V it Pic . • 961.178 08/13/1995 10:31 3032744277 PAUL G GESSO INC PAGE 01 • INDUSTRIAL REALTY ASSET MANAGEMENT, LTD. Real Estate Services for the Mining and Construction Industry Nationwide FAX MEMO TO (970)352-6312 1 page TO: Shani Eastin,Weld County Planning FROM: Paul G. Gesso, Consultant to Owens Brothers Concrete DATE: 8-13-96 RE: Mined Land Reclamation Board Agreement Regards 200' Setback From Significant Manmade Structures - County Roads Dear Shani: As I reviewed the document I noticed a small problem in the legal description. It states that the township is 3 South and it should say 3 North. It would be agreeable • to us if you would simply cross out the word South and replace it with the word North and then have whoever signs it from the County initial the change. Once I get the original back from you I can have Owens initial the change and send back a fully executed copy for your files. V 03 r: Q . ie rant.4 WOO 7475 West Sib b,.,S&N 716 - Idcaoad,CO 90226• Ora(303)2744777 - Han(303)'P31.1050 • Md*(303)8861926 • Fa(303)27H277 • 08/13/96 10:40 TX/RX NO.4755 640411.76 ENCANA. • 370 17th Street (303)623-2300 Suite 1700 I. (303)623-2400 EnCana Oil & Gas (USA) Inc. Denver,co 80202 www.encana.com August 25, 2008 Ready Mixed Concrete Company 4395 Washington Street . Denver, CO 80216 Attn: Bill Timmons, General Manager Re: Memorandum of Surface Damage and Release Agreement Geist 4-2-32 Township 3 North, Range 67 West Section 32: NW/4 Weld County, Colorado Dear Mr. Timmons: • Enclosed for you records is a copy of the referenced Memorandum of Surface Damage and Release Agreement which has been recorded in Weld County, Colorado, as well as a fully executed copy of the Surface Damage and Release Agreement. Should you have any questions,please call Lesley Hall at(720) 876-3722. Very truly yours, ENCANA OIL & GAS (USA) INC. Courtney Kiefer Land Assistant cc: Peter Scott • ° Trade Mark of EnCana corporal on.Used under"cense 11111 11111 111111 IIII 11111111111111111 III 11111 IIII IIII � 3540048 03/06/2008 01:56P Weld County, CO O/ 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder MEMORANDUM OF SURFACE DAMAGE AND RELEASE AGREEMENT • Pursuant to the terms of that certain unrecorded Surface Damage and Release Agreement dated effective the to day of -runt , 2001-between the undersigned, and subject to the conditions set forth therein, EnCana Oil & Gas (USA) Inc. ("EnCana") with an address at 370 17th Street, Suite 1700, Denver, Colorado 80202, and READY MIXED CONCRETE COMPANY (Owner") with an address at 4395 Washington Street, Denver, Colorado 80216, agreed to the location of a Well and payment for damages to the surface of Land connected with the drilling, construction, completion, recompletion, reworking, re-entry, production, maintenance and operations of a Well and associated pipelines, tank batteries and other facilities or property of EnCana associated with the well and located an the following Land: TOWNSHIP 3 NORTH,RANGE 67 WEST,6TH P.M. Section 32:NW/4 (Geist 4-2-32 well) Boulder County,Colorado This Memorandum of Surface Damage and Release Agreement is executed by Owner and EnCana and placed of record in Boulder County,Colorado for the purpose of placing all persons on notice of the existence of the Agreement. A true and complete copy of the Agreement is available at the offices of EnCana. In witness whereof this instrument is executed effective the 20 day of rnirrt. 2001. • ENCANA OIL&GAS(USA)INC. By1i/e David Hill,Attorney-in-Fact OWNER READY/MIXED CONCRETE COMPANY By: N Bill Timmons,General Manager,Aggregates Scott t7"„1,E5, C i • 1 . 1111111 11111 11111111 11111111111111111 iN 11111 III lilt 3540048 03106/2008 01:56P Weld County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder • ACKNOWLEDGMENTS STATE OF COLORADO ) )ss CITY AND COUNTY OF DENVER ) On this 37 day of}pbfuCt(C ,20g,before me personally appeared David Hill, known to me to be an Attorney-in-Fact of EnCana Oil & Gas-'USA) Inc. and acknowledged that he executed the within and foregoing instrument as the free and voluntary act and deed of said corporation for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My Commission Expires .�T•'.A•�• i , 0 A Ill% Public: 5,A l la (SEAL) i • . •� it / : i / : : i l l i ` STATE OF COLORADO It 1).,:. iOF Cote-P `)ss ..... COUNTY OF Zan u ..C MyCOIncrilssion Expires Imam On this cn day of s ,2007,before me personally appeared Bill Timmons,General Manager, Aggregates for READY MIXED CONCRETE COMPANY known to me to be the person who executed the within • and foregoing instrument, and acknowledged that he/she executed said instrument as his/her free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My��(atlli�pires: g 1 L).O to 1 . N°° T AP ?'P. Y 4 Notary Public: ��IC's-ZA- V `v tt -2- SURFACE DAMAGE AND RELEASE AGREEMENT • This Surface Damage and Release Agreement(this"Agreement")is made and entered into this 1 C day of TA►t 2. 2007 by and between the READY MIXED CONCRETE COMPANY("Owner")with an address at 4395 Washington Street,Denver,CO 80216 and EnCana Oil & Gas (USA) Inc. ("EnCana") with an address at 370 17th Street, Suite 1700, Denver, Colorado 80202. Whereas,EnCana has the right to drill oil and gas wells(the"Wells")on the Lands described below(the "Lands"): TOWNSHIP 3 NORTH RANGE 67 WEST, 6th P.M. Section 32:NW/4 (Geist 4-2-32 Well) Weld County,Colorado Whereas,Owner and EnCana wish to memorialize their agreement concerning the payment for damages to the surface of the Lands in connection with the access to and the drilling, construction,completion,recompletion,reworking,re-entry,production,maintenance and operation of the Wells and all pipelines,tank batteries and other facilities or property of EnCana or its affiliates associated with the Well and located on the Lands. Therefore,for and in consideration of the covenants and agreements contained herein,and for • Ten Dollars($10.00)and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, Owner and EnCana agree as follows: 1. Prior to the commencement of drilling operations for the Wells,EnCana shall pay Owner the sum of$2,500 per well ("Damage Amount"). Such payment shall constitute payment in full by EnCana and its affiliates for all normal damages, including but not limited to damages to growing crops, associated with the access to and the drilling, construction, completion, recompletion,reworking,re-entry,production,operation and maintenance of the Wells. Normal damages include,but are not limited to,reasonable and customary ingress,egress,rights-of-way, construction of all access roads,preparation and use of the drillsite area,preparation and use of reserve pits, and construction, installation and maintenance of production equipment and facilities such as flowlines, gas pipelines, separators, tank batteries and other equipment or facilities necessary or convenient for the production, transportation and sale of oil and/or gas therefrom,as generally depicted on Exhibit A attached hereto and made a part hereof. 2. If by reason of EnCana's operations,there is damage to personal property located on the Lands or there is damage to the surface of the Lands caused by the negligence of EnCana or an unreasonable use of the surface of the Lands by EnCana that is not associated with reasonable and normal drilling,completion,recompletion,reworking,re-entry,production,maintenance and operation of the Well, such as damage to structures, fences, culverts and cement ditches, such damage shall be repaired or replaced by EnCana or EnCana shall promptly pay Owner for such damage. • • 3. Owner warrants that he is the owner of the entire surface subject to this Agreement and that no one who is not a party to this Agreement is entitled to payment for normal damage to the surface of the Lands for which payment has been made pursuant to paragraph numbered 1 above. 4. Except as provided in paragraph numbered 2 above for cases of unreasonable surface use and/or negligence by EnCana, Owner, for itself and its successors and assigns, does hereby, in consideration of the Damage Amount, release,relinquish and discharge EnCana, its affiliates, successors and assigns from all claims,demands,damages and causes of action that Owner may have for damages to the surface of the Lands by reason of the drilling of the Well and all other damage or injury to the Lands caused by the drilling, completion,recompletion,reworking,re- entry, production, operation and maintenance of the Well, and Owner accepts the Damage Amount as full compensation therefor. 5. Owner hereby agrees that by its payment of the Damage Amount,Owner expressly acknowledges that this Agreement satisfies the obligations and requirements of Operator pursuant to Colorado Oil and Gas Conservation Commission rules and regulations and Colorado statutes to consult in good faith with Owner regarding proposed oil and gas operations on the Land. Owner expressly acknowledges that this Agreement shall be deemed to be specifically applicable to,and to satisfy fully,the obligation of Operator to accommodate the Owner's use of the surface of the Land, existing and future, and Owner waives any statutory or common law claims to the contrary including, but not limited to, any claims pursuant to C.R.S. 34-60-127. Owner also acknowledges that EnCana has fully complied with all other applicable governmental regulations and statutes,if any,relating to the settlement of the damages contemplated herein. • 6. Owner acknowledges that EnCana's representative has met with and consulted with Owner(or Owner's representative)as to the location of the wellsite,access road,Bowline,tank battery and other associated production facilities and that this Agreement incorporates the results of such meeting(s)and consultation(s). 7. In conducting operations on the Lands, EnCana shall: A. Limit the size of the wellsite to approximately 400 feet by 400 feet during any drilling, completion,recompletion or workover operations,and the wellsite shall be no more than 1/2 acre in size during other periods. The area required for the tank battery location associated with the Well shall be limited to approximately one-half acre in size upon completion of construction at the location generally depicted on Exhibit A. The access road shall be limited to approximately 30 feet in width during drilling, completion, recompletion and workover operations. The permanent access roads to the wellhead and tank battery location shall be limited to 15 feet in width. B. Separate the top soil at the time of excavation of pits so that the top soil and subsurface soil may be placed back in proper order as nearly as possible. C. Reclaim the wellsite as nearly as practicable to its original condition and, if the location is in pasture, reseed the location with native grasses. Weather permitting,reclamation operations shall be completed within three months following drilling and subsequent related operations, unless EnCana and Owner mutually agree to postponement because of crop or other considerations. D. Use its best efforts to keep the Well and battery sites free of weeds and debris. • Page 2 • 8. Owner waives the minimum thirty day written notice requirement described in the Notice Letter provided by EnCana to Owner. 9. This Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties,and may be executed in counterparts. IN WITNESS WHEREOF,the parties have set their hands on the day and year first written above. ENCANA OIL& AS (USA)INC. READY MIXED CONCRETE COMPANY B : By: er-c-eariert-r,—...—e.----1 David G.Hill Bill Timmons,General Manager,Aggregates Attorney in Fact ACKNOWLEDGMENTS • STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) On this r day of itixoci,ty , 2007, before me personally appeared David G. Hill who executed the within and foregoing'instrument as Attorney-in-Fact of EnCana Oil & Gas (USA) Inc. on behalf of the corporation, and acknowledged the instrument to be the free and voluntary act and deed of the corporation for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My Commission Expires: ANN `‘, nn Kul Art;pTAIQ•y'9l�h (SEAL) i v; ÷ } .� � Notary Public: • • • ,l( r''OFcp1 � .O••;?,‘. • My Commission Expires 11/30/2011 Page 3 • STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument was acknowledged by Bill Timmons, General Manager,Aggregates for READY MIXED CONCRETE COMPANY before me on this a U day of 2007. My Commission Expires: % I a- c aaurrmrur,uu, °6p ES "ms :,‘0T AP Y.: Notary Pub lic _ cp\ePU51 , r le 4„, OF tO,"� Approved Forrn on 12/12/2006 • S:\South_Rockies\DTAGRP\M}Land-DAFORMS\Surface Agreements\Approved Surface Damage Agt Template.doc Page 4 • w • w oU g >Sa Ply 'Eo ". r4 :. 'ft 3 tin '"— 4X � _ • s elN R 1 ,v ,r. 9' Oi Y ,,th rt 101 `" v 'd 'L • � wa , M O Fit O , o '`s=: , f �'�, yam° U i $ v o '''' ..0:,' t v ,,. " "- . - (- .liv'm lt,,,Fiz-"' ft, -,,,,,ca : Vl a _ L f'.'. .,,t t t i• ate.,- ♦ _ill, p S, u) O qar. x_ , i4. -. _ k ;ate= - p O r. x „mot '..a ' o II:4:,3. .M< f d � O 1 ., 1. �. �. .`h X1.6; Y f.. ... W 'd ci w - F • • w 03 NOR a�RER R88OURCES CANT 1 DENVER DISTRICT OFFICE • I J .�\ � rJ 1700 BROADWAY, SUITE 506, DENVER, COLORADO 80290 TELEPHONE (303)861-9183 February 6, 1996 WELD COUNTY DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. 17th Avenue Greeley,CO 80531 Attn:Ms.Sbani L.Eastin Current Planner FAXED FIVE PAGES(INCL.COVER)TO(970)352-6312 Re:NOTICE OF NO OBJECTION TO USE BY SPECIAL REVIEW-CASE NUMBER USR-1 I02 jownshin 3 North Rang8 67 West Section 32:SW/4 Weld County,Colorado Dear Ms.Eastin, Please allow this letter to serve as formal notice that North American Resources Company (NARCO)has reached agreement with Owens Brothers Concrete Company insofar as developing its mineral resources under the captioned lands in Weld County,Colorado.A copy of that agreement is provided for your review. Insofar as the proposed Special Review Case Number USR-1102 does nor conflict with the intent as set forth in NARCO's letter agreement dated Febrrtary 5, 1996 with Owens Brothers Concrete Company, • NARCO does not object to Owens use by Special Review being approved for those lands listed in the Special Review application. That you for your assistance in this matter.If you have any questions or if i mey be of assistance in any way,please call me at(303)861-9183,ext:216. Sincerely, NOORTh AMERICAN A � RESOURCES COMPANY h Michael T.Holland ""�� Senior Landman cc:mth,Owens Brothers Concrete Company van COUNTY PLANNING FEB 51991 ECEIVE 02/06/96 07:31 TX/RX N0.3061 P.001 FEB-05-199'o 1 ,n4, rmM..0 • Date: 02/06/96 • To: Mr.John Owens Owens Bros.Concrete Co. 5550 Sheridan Blvd. Arvada,CO 80002 FAX 429-5916 From: Michael Holland North Americtm Resources Company FAX 861-1636• ' RE: Joint Surface Use Agreement Portions of the W/2 Section 32,T3N-R67W Weld County,Colorado FIVE PAGES,INCLUDING THIS COVER CC: Shand Eastin,Weld County Department of Planning Services Mr. Owens, I have just heard from Don Klene that the letter agreement faxed this afternoon Is acceptable to you.The originals will be distributed for formal signature. However, due to the short period of time before the Weld County hearing. I am faxing you another executed copy of the agreement for you to execute and return to me by fax this afternoon, Please execute your signature as an authorized party for Owens Brothers Concrete Company and return the fax to me at the number listed above to signify your formal approval.A copy will be sent to Weld County. • Thank you for your prompt attention to this matter. If you have questions, please call me at(303) 861-9183,ext.216. 1 : FEB 5 1996; 'f a Post-1t•Fax Note 7671 Da' ZIT is' S- t w ra�SeLOot. , Eg51:,. "°'a^n.41o11a�1 % we GI G.Oret ev c,�. e' N M Co PhoneC Co- «i-croon lira-e`f-1192 St; Roo Ain- 1,S-1-t.it74.. ""'303-861- it.Ifs 08/22/95 Confidential 1 • 02/05/96 15:58 TX/RX NO.3059 P.001 ll NnRco FEB-es-199% is:s6 •® i flIT8 It71800RC88 coanza •— r� . 2 1700 BROADWAY SUITE 508, DENVEFLCOLORADO 032:30 TELEPHONE (303)861-9183 fcbtuay 5, 1996 Mr.John Owens Mr.Mike Owens Owens Bros.Concrete Co. 5550 Sheridan Blvd. • Arvada,CO 80002 RE: Joint Surface Use Agreement Portions of the W/2 Section 32;T3N-R67W Weld County,Colorado Gentlemen: North American Resources Company("NAACO")is the successor owner of rights under an oil and gas lease,dated May 27, 1983,recorded at Book 996,No. 1926973,from John Ii.Pivonka,and Lorraine LPivonka,Lessors,and The Vessels Company,Lessee,covering the following lands in Weld County,Colorado: Township 3 North.Rang;67 West.6th P.M.1 Section 32; All that part of the W/2,lying West of the Right-of-Way of Union Pacific Railroad and EXCEPT that portion lying North of the center of Public Highway described In Book 296,Page 556 of the Weld County records • containing 108.46,m/t(the"LANDS"). • Owens Bros.Concrete Co.("OWENS")is the owner of the surface and minerals,other than oil and gas,of the LANDS,by virtue of the Deed,dated April 19. 1985,recorded at Book 1066.no.2006658, between John H.Pivonka and Lorraine L.Pivonka,Grantors,and Owens Bros.Concrete Co.,Grantee. NAACO currently conducts oil and gas leasehold operations on the LANDS and anticipates future operations on the LANDS. OWENS anticipates conducting sand and gravel mining operations on portions of the LANDS. Both NARCO and OWENS wish to conduct their operations conourrentlY on the LANDS with minimal interference and damage to one anther's operations,facilities,and access. Consequently,in consideration of the mutual promises contained in this letter agreement,OWENS and NAACO agree to the following: 1. OWENS will conduct its operations in accordance with its Use By Special Review Application Mining Permit submitted by date of November 7, 1995,Weld County Department of Planning Services Case No. USR-1102,and with all applicable statutes,laws,roles,and regulations. • 02/05/96 15:58 TX/RX N0.3059 P.002 FEB-05-1996 . 15'56 tncQ - --- Owens Brothers February 5, 1996 Page 2 of 3 • 2. NARCO will rarnlnct its operations in accordance with its oil and gas lease dwvibed above and with all applicable statutes,laws,rules,and regulations. 3. MARCO is presently aware that it will require a drillsite location,producing well site, related surface facilities,and access to a location on or near center of the N W/4SW/4 of the subject Section 32. Such location will consist of a drilisite,approximately 400 ft.by 400 R in size,along-term production facility approximately 200 fL by 200 R in size around the producing well or wells,and continued access to the site which is acceptable,to MARCO_ OWENS agrees that it will conduct is operations in such a way as to provide NARCO with such dniling and facilities site imd,Yteess without cost to NARCO. 4. OWENS will make all reasonable efforts to avoid interference with NARCO's present operations;and,NARCO will make all reasonable efforts to avoid intex*rence with OWENS' operations- OVENS will compensate NARCO for damages to NARCO resulting directly and indirectly by OWENS' operations and ownership of the LANDS;and,NARCO will compensate OWENS for damages to OWENS resulting directly or indirectly from NARCO's operations. 5. OWENS and NARCO will each Indemnify and hold the other harmless for damages to persons or propeny resulting directly or indirectly from its operations and ownership of the LANDS, whether such damages result from action or faultier to act. 6. NARCO shall notify OWENS of its intention to conduct drilling,workover,or other similar , operations on the LANDS at least thirty days prior to initiation of such operations. It is anticipated that NARCO's operations will occur within that radius as set forth in attached Exhibit. "A".Prior to initiating such operations,MARCO shall describe the nature and extent of such operations to OWENS and consult with OWENS with regard to the precise locations of access roads,pipelines,gathering lines,tank batteries,and other related facilities so as to minimize any surface interference with OWENS'gravel operations.however.it is understood that NARCO is • obligated to conform to roles and regulations as established by the State of Colorado Oil and Gas Conservation Commission.OWENS agrees to assist NARCO in establishing a drilisite and access road to enable MARCO to conform with those rules and regulations. 7. OWENS shall notify MARCO of its intention to conduct mining operations within 200 feet of NARCO's existing or anticipated facilities and access routes at least thirty days prior to initiation of such operations. 8. In the event that MARCO should require new drillsite and facilities locations,and/or access to them,in addition to that provided for in Paragraph 3 above,in order to fully develop its oil and gas leasehold,MARCO shall notify OWENS of such fact at least sixty days prior to initiation of such operations.NARCO shall consult with OWENS with regard to the precise location of such locations and access.The cost of preparing and maintaining such locations and access shall be borne wholly by MARCO,including increased costs resulting from impediments or surface irregularities created by OWEN's operations. 9. This agreement may be assigned by either party. 10. This agreement shall be governed by the laws of the State of Colorado. '1,161IA\i, / i,....•... • 02/05/96 15:58 TX/RX N0.3059 P.003 FEB-05-19% l6"30. .. )4nRcc "u tlbttb.M P.02 • Owens lathed Eebesary5,1996 Pagel off 11. Halos scwL forted,weans SObe thosidertdsiw obenpthest laq»U.S.Idea, ream patthiplethoid thee pe •sosheOthe..3gseam%oreaawseespowiebdsabeegaeitt,by the pother WARCO; Noah stunicaaltesooreee Company O00 Env-Asayr,Ladle 508 Damn OD 80309 OhVi1NS 0;thoakrothereCascreos Company 585&Skala=Med. Arvavly 03 80002 • 18 t1lAerPOyeasYPOeidea copy°Ws errs to Wdd Cate amaseeteo[CoWeade silameiee nhem peel*age staked far opeeylmeavcepvetednada ads arorsr+k Pfaaopeyrapes itheeraion(Obis wether1.NAACO tell sedertbe Will CkemtyOtram tofPbmiegUniontuth dees not Mint OWNS meby Sward Review bai a2apomwd lbw 4wLANDS. Wye*ass eo the above,Seam ds den end venom one copy adds Wes m tee nOaeesleased. Steyr NORTH/gets �eArrX Kevin J. S�lada senior Mahn Ammo 1O AND AACOMED Ti1lS DAY OP88>f&ZlA*t,1996. • CMY'P'2�ra��A&Omas CONCRETE COMPANY i ^ 4'0--� lutes list P� mini P urn • 02/05/96 16:31 TX/RX NO.3060 P.004 FEB-05-1790 15:59 NRRCO -","" "" ' •"-" ..,- 7- , 1. x . 1 ' 439.3-2 .-.fig, 1 . . 1 : 1: 1 • 1 ! 1 �.I 4I I : . .1 !♦ • 1 ryas AREA$U81EG- ro - 1 • !j 4 1 AGREEM€P1T WTIN OIL / ♦ AND GAS INTERESTS. I ---_ IJ 1 GwPROX 1 I : aCir1 1 I 1 ' / a I 1 / ♦ F I J / 7 /: 1 / PH-45E ♦/ 1313 / 7 1 / x • / :� / 1 . Ii / ♦ 404,7 / "�r / 1 'e 1 j#'gas.'i 1435-' '/ / • • 1 / ♦ .aria / 1 : I ♦ :• ' YOaf 1, a—i.. 1 /' // '130'31 c • / /! / ----'I . 1 / tirecn 2 / 1 i I: /! max6 oas rau .... .00.>x .1306.. PH4SE 3 ! ♦ 1 I ♦ /r AeoNgGwFn■�zt / ♦ ? „ . . I / i t 1150.1-2 / I ' • / ♦ • I I , : ' TOTAL P.05 • 02/05/96 15:58 TX/RX NO.3059 P.005 II j i �i�'�E'F� � �Sp�1lTAT.�c�, Oti • NON-EXCLUSIVE UTILITY EASEMENT AGREEMENT THIS AGREEMENT is made this day ofDPfetibelT,-inG o, between READY MIXED CONCRETE COMPANY; ("Grantor"); and ST. VRAIN SANITATION DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado (the "District"), whose legal address is 11307 Business Park Circle,Longmont, CO 80504, FOR GOOD AND VALUABLE CONSIDERATION, including the payment for damage to crops, if any, the receipt and sufficiency whereof are acknowledged, Grantor hereby grants to the District, its successors and assigns, a permanent non-exclusive right("Easement")to occupy and use certain portions of Grantor's properties situated in Section 32, Township 3 North, Range 67 West of the 6th PM, Weld County, Colorado, (the "Property"), to construct, lay, install, inspect, monitor, maintain, repair, renew, substitute, change the size of, replace, remove, operate and use one or more underground sanitary sewer lines, and all underground and surface facilities and appurtenances,thereto, including surface manholes, of such size and capacity as necessary or required by the District, in, through, over, under, and across the Property, together with the right of ingress and egress over Grantor's adjacent real property for the purposes for which the above- mentioned rights are granted, including a Construction Easement as described herein. The Easement hereby granted shall be as described and located across the above-described real property as follows: See attached Exhibit"A"and as shown on attached Exhibit"B". TOGETHER WITH A TEMPORARY CONSTRUCTION EASEMENT WHICH SHALL • EXPIRE ON OR BEFORE ()cc C Lvo 7 , SAID EASEMENT AS DESCRIBED AND LOCATED AS FOLLOWS: See attached Exhibit C. and as shown on attached Exhibit "D". IT IS HEREBY MUTUALLY COVENANTED AND AGREED by and between the parties as follows: 1. The District shall have and may exercise the right of ingress and egress in, to, over, through and across the Easement for any purpose needed for the full enjoyment of any other right of occupancy or use provided for herein. 2. Grantor shall neither cause, nor permit, the permanent parking or storage of goods or equipment, or the construction or placement of any structure or building, street light, power pole, yard light, within any part of the Easement which unreasonably interferes with the District's access to its facilities. Any prohibited use or installation located on the Easement as of or after the date of this Agreement, including installations not conforming to the conditions stated herein, may be removed by the District at Grantor's expense without liability to it for damages arising there from. Grantor shall neither cause nor permit the planting of any tree, the roots of which can be expected to extend more than the horizontal distance from the tree to the centerline of the sewer line. 3. All sewer pipelines installed within the Easement shall be laid not less than five (5) feet below the surface of the adjacent ground. • I IIIII\Nil I\\\111111 II 111111111111 1111 3445230 at 9 R 46.00 D 0.00 Steve Moreno Clerk & Recorder • 4. Grantor shall neither take nor permit any action which would cause the earth cover over any pipeline within the Easement to be less than three (3) feet or more than ten (10) feet, measured vertically from the top of the pipeline. Grantor shall not modify the earth cover over a District pipeline without advance written authorization from the District, which shall provide for full payment or reimbursement to the District of all costs of adjusting District facilities made necessary by such modification. 5. After any construction or other operations by the District which disturb the surface of the Property, the District will restore the general surface of the ground, including paving and authorized appurtenances, as nearly as may reasonably be done to the grade and condition it was in immediately prior to construction, except as necessarily modified to accommodate District facilities. Topsoil shall be replaced in cultivated and agricultural areas, and any excess earth resulting from installations by the District shall be removed from the Property at the sole expense of the District. For a period of one (1) year following disturbance of the surface of the Property by the District, the District will maintain the surface elevation and quality of the soil by correcting any settling or subsiding that may occur as a result of the work done by the District. Seeding or sod replacement will be completed by the District as soon as is practical after completion of the installation and grading. 6. Grantor has the right to grant rights to other utilities (such as water, gas and electricity etc.) to utilize this Easement through and across the Easement granted herein, provided that such other grantees do not interfere with the District's rights herein granted. Public utilities which cross the District's lines shall cross at approximately right angles, and utilities which parallel the • District's facilities shall not be located closer than ten (10) feet thereto. Except for utilities as herein authorized and for roadways, all surface and subsurface uses of the Easement, including fences,trails, bike paths, etc., must be approved in writing by the District before installation. 7. Grantor retains the right to the undisturbed use and occupancy of the Easement insofar as such use and occupancy are consistent with and do not impair any grant or covenant herein contained. 8. If the District, by written instrument, releases and relinquishes its easement rights herein granted and ceases to use the same, all right, title and interest of the District hereunder shall cease and terminate, and the Grantor or its successors in title shall hold the Property, as the same may then be, free -from the rights so released and relinquished and shall own all material and structures of the District so released. 9. Grantor warrants that it has full right and lawful authority to make the grant herein contained, and promises and agrees to defend the District in the exercise of its rights hereunder against any defect in title or in Grantor's rights to make said grant, subject to general taxes for the year this instrument is recorded, and subject further to easements, encumbrances, exceptions, limitations, restrictions and reservations contained in instruments of record prior to the date this Agreement is recorded. District, may in its sole discretion, require Grantor to obtain such other consents and releases from mortgage holders. 10. Each and every one of the benefits and burdens of this Agreement shall inure to and be binding upon the respective legal representatives,heirs, executors, administrators, successors and • assigns of the parties hereto. ti l\\\\I\L \Iiri 111i\1lGoogly \1ri\ii\\iiiW 344523 / 2 of 9 R 46.00 D 0.00 Steve Moreno lerk & Recorder • i 11111111111111111111111111111111111111 iii 11111 iiii iioi 3445230 01/03/2007 04:35P Weld County, CD 3 of 9 R 46.00 D 0.00 Steve Moreno Clerk & Recorder • 11. This writing constitutes the whole agreement between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the parties hereto with respect to the subject matter of this instrument. IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the day and year first above written. GRANT BY: g l /I AS: (e A OF: READY MIXED CONCRETE COMPANY STATE OF COLORADO ) ) ss. COUNTY OF Man-,tom) yy T.\ The foregoing instrument was acknowledged before me by as y-eA.e!ii r3 0,,,,t of READY MIXED CONCRETE COMP MY as Grantor,this day of fCU v _, 200.6. • My commission expires: ?j 7 - O 7 • Witness my hand and official seal. OO111nutrugy��t Notary Public N N E+ '�* � S rr tnit1Ltkil rlbrh:,pee``}:----- ��%ice +, ' 'N0 *NOTAR Or COt` C, • 3 1111111 !11111111! 1111111111111111111111III1111! 1111IIII 3445230 01/03/2007 04:35P Weld County, CO •4 of 9 R 46.00 D 0.00 Steve Moreno Clerk& Recorder ST. VRAIN SANITATION 'STRICT By: ,,o,S t'fi/ Title: President STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrumn?�nt was acknowledged before me by d 1.40( e n , as Pr jUenf" of St. Vrain Sanitation District, this day of 200_(p. Mr COMObitte ENOS My commission expires: Junta Witness my hand and official seal. Notary Public • Legal counsel: Approv as to t form an r ent t PUBLIC ...cp CW Distric Manager • 4 111111 ttlll II(II IIIII tllllt IIIII illll(III 3445230 01/03/2007 04:35P Weld County C0IIIII IIII Ittl 5 of 9 R 46.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT A LEGAL DESCRIPTION UTILITY EASEMENT 'I'O BE ACQUIRED FROM READY MIXED CONCRETE COMPANY A parcel of land being a portion of the Southwest Quarter of Section 32, Township 3 North, Range 67 West, of the Sixth Principal Meridian, Weld County, Colorado,more particularly described as follows; Considering the South line of the Southwest Quarter of said Section 32 as bearing South 89°19'23" East, between the Southwest corner of said Southwest Quarter as monumented with a number 6 rebar with a 2"aluminum cap by PLS 20676 and the South Quarter corner of said Section 32 as monumented with a number 6 rebar and a 2- 1/2" aluminum cap by PLS 23500,with all bearings contained herein relative thereto: Commencing at the Southwest corner of said Southwest Quarter, from which the South Quarter corner of said Section 32 bears South 8999'23"East a distance of 2670.02 feet; Thence North 00°01'28" East, along the West line of said Southwest Quarter,a distance of 59.65 feet, to the POINT OF BEGINNING; • thence North 00°01'28" East,a distance of 30.00 feet thence South 89°26'51" East,a distance of 63.61 feet; thence South 60°28'12" East,a distance of 166.04 feet, to a point on the Center line of the now abandoned Union Pacific Railroad Company Right-of-way; thence South 30°03'19" West, along said Center line, a distance of 11.09 feet to a point on the South line of the Southwest Quarter of said Section 32; thence North 89°19'23" West, along said South line,a distance of 39.20 feet; thence North 60°28'12" West, a distance of 123.85 feet; thence North 89°26'51" West,a distance of 55.58 feet to the POINT OF BEGINNING. Containing 6,327 square feet or 0,15 acres, more or less. .' prepared November 7, 2006 O ° , :1). by Michael J. DeDecker PLS 20676 e for and on behalf of CDS Engineering Corp. tr •. I t l 165 2nd St SW tt '�oNai....••s. Loveland, Co. 80537 Nss- • 1111111 11111 IIII1 IIIII 111111 IIIII 111111 III 11111 IIII IIII . 3445230 01/03/2007 04:35P Weld County, CO 6 of 9 R 46.00 D 0.00 Steve Moreno Clerk & Recorder • EXHIBIT B 7 ;7 READY MIXED ec 0 Lo CONCRETE COMPANY Cs/ M O RECEPTION # 3223149 47- 0 el ea ASSESSOR PARCEL �S NO. 120932000027 J? I =4o to 0 -*4/ La o ROBERT 0. NELSON S89'26'51"E 30' U11U1Y EASEMENT ASSESSOR PARCEL 3361' ONVEYED BY THIS DOC ENT NO. 120932300032 ,,y• POINT oft .89q :._^`: 1? A066 .O� BEGfN 0' • — —N00'0522 8"E 25'5-1-"I?d /ed 4R ''� off' S. LINE SW 1/4 SEC 32 BS•71:\ip-/e Q::' (BASIS OF BEARINGS) WELD COUNTY - - ROAD 26 S89119'23"E 2670.02' N8919'23"W SW CORNER SECTION 39.20' S1/4 CORNER SECTIO. I32 T.3N., R.67W / 32 T.3N., R.67W 2" ALUM CAP BY / 2-1/2" ALUM CAP B PLS 2067 =O PLS 23500 Jig / CL 75' EASEMENT V4 TO TRISTATE G&T 4- THE EASEMENT DESCRIBED HEREON CO REC.3077435 CONTAINS 6,327 SQUARE FEET OR 0.15 ACRES MORE OR LESS 100 0 100 sitEASEMENT EXHIBIT MAP SCALE 1"=100' 30' UTILITY EASEMENT ACQUIRED FROM READY MIX CONCRETE COMPANY IN SOUTHWEST QUARTER OF SECTION 32 TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.M. WELD COUNTY, COLORADO SCALE: 1" = 100' Engineering PNwECT NO. P05-3919 DATE: 11-07-06 CDS Corporation fNRANiNc NO. 3919NEWEST • FIELD BOOK: N/A 165 2nd ST SW REVISION NO. LOVELAND, COLORADO 80538 SHEET 1 OF 1 DRAWN: MJD I CHECKED: MJD (970) 667-8010 Heil IIIII 11111 11111 1111 11111 1111 III 111111111111 3445230 01/0312007 04:35P Weld County, CD •7 of 9 R 46.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT C LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT TO BE ACQUIRED FROM READY MIXED CONCRETE COMPANY A parcel of land being a portion of the Southwest Quarter of Section 32,Township 3 North,Range 67 West, of the Sixth Principal Meridian, Weld County, Colorado,more particularly described as follows; Considering the South line of the Southwest Quarter of said Section 32 as bearing South 89°19'23" East, between the Southwest corner of said Southwest Quarter as monumented with a number 6 rebar with a 2"aluminum cap by PLS 20676 and the South Quarter corner of said Section 32 as monumented with a number 6 rebar and a 2- 1/2"aluminum cap by PLS 23500,with all bearings contained herein relative thereto: Beginning at the Southwest corner of said Southwest Quarter, from which the South Quarter corner of said Section 32 bears South 89°19'23"Fast a distance of 2670.02 feet; Thence North 00°01'28"East, along the West line of said Southwest Quarter, a distance of 124.65 feet; • thence South 89°26'51" East,a distance of 73.09 feet; thence South 60°28'12" East,a distance of 175.40 feet,to a point on the Center line of the now abandoned Union Pacific Railroad Company Right-of-way; thence South 30°03'19" West; along said Center line, a distance of 46.09 feet to a point on the South line of the Southwest Quarter of said Section 32; thence North 89°19'23" West, along said South line,a distance of 202.57 feet,more or less to the POINT OF BEGINNING. Containing 21,201.7 square feet or 0.49 acres,more or less. ..0'c" prepared November 7, 2006 ,p P o.. i°ilt'/ by Michael J. DeDecker PLS 20676 ;$� is • A: for and on behalf of e CDS Engineering Corp. t; fit' oft' 165 2nd St SW tt Loveland, Co. 80537 i �;A�LimAy • 1.11111111111111111111111111111111111111111111111111111 3445230 01/0312007 04:35P Weld County, CO 8 of 9 R 46.00 0 0.00 Steve Moreno Clerk& Recorder • EXHIBIT D / o° ¢P NI 1° READY MIXED �v/ CONCRETE COMPANY c; oRECEPTION # 3223149 ¢,r ASSESSOR PARCEL o= i{z NO. 12O932OOOO27 �_ ow l§ _41/ o 9 %cz. ROBERT 0. NELSON ASSESSOR PARCEL P NO. 12O9323OOO32 S89 6'51"E �' �.:.,::.7 .D ,V. 560. JJJEEE MPORARYY CONSTRUCTION EASEMENT ?B' CONVEYED BY THIS DOCUMENT .111... 7 S "fit �_:.::'.:::':.': ::'Sic-',rpm Z of — — J o'9:.': 111. '.:.�=��., • 8.1:,1'4 "'., ; :�,,,,,44-, �..: ..` ' co S. LINE SW 1/4 SEC 32 WELD COUNTY o.�. .�.�'. �0 ' '� ' I ROAD 26 7 (BASIS OF BEARINGS) POINT OF N89'1&t W 202.57' BEGINNING 58979'23"E 2670.02' SW CORNER SIZCTION / ,.,/ S114 CORNER SECT10 32 T.3N. R,6'/W 32 T.3N., R.67W I 1 :SA ; P BY / 2-12" ALUM CAP B § /11 G�p / PLS 23500 CL 75' EASEMENT e TO TRISTATE GET Cog THE EASEMENT DESCRIBED HEREON ii CO REC.3D77435 CONTAINS 21,202 SQUARE FEET OR 0.49 ACRES MORE OR LESS 1OO O 1OO EASEMENT EXHIBIT MAP SCALE 1"=1OO' TEMPORARY CONSTRUCTION EASEMENT ACQUIRED FROM READY MIX CONCRETE COMPANY IN SOUTHWEST QUARTER OF SECTION 32 TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.M. WELD COUNTY, COLORADO SCALE: 1" = 100' Engineering PROJECT NO. P05-3919 DATE: 11-07-06 CDS Corporation ORAVANG NO. 3919NEWEST • FIELD BOOK: N/A 185 2nd ST W REVISION NO. LOVELAND, DRAWN: MJD I CHECKED: MJD (970) 667-8010 O SHEET 1 OF 1 St. Vrtin SANI TATI ON DI STRICT December 4,2006 f f Ready Mix Concrete Company 111111111111 IIIII IIIII Ililif Iltll IINII III 11111 IIII IIII Bill Timmons 3445230 01/03/2007 04:35P Weld County, CO 14585 Brighton Road 9 of 9 R 46.00 D 0.00 Steve Moreno Clerk& Recorder Brighton,Colorado 80601 Re: St.Vrain Sanitation District Request to purchase a permanent(.15 acre)and temporary easement(.49 acre)in the SW quarter of Section 32,T3N,R67 West of the 6a'Principal meridian Weld County, Colorado, USA,better described in attached exhibits. Dear Mr.Timmons: Over the past few weeks Rob Fleck has been discussing with you the District's interest in purchasing one permanent easement and one temporary easement across a portion of land in connection with the District's project, WCR 26 East Line Extension. It is my understanding that the location of the easements is not an issue. This letter is to provide you with the District's offers to make these purchases for this project. The District is willing to purchase the permanent easement for 50% of $22,000/acre and the temporary easement for 10% $22,000/acre. Total compensation for permanent and temporary • easement is $2,728. By law the District is precluded from paying premium prices for easements and cannot pay more than the fair market value for land. As the District needs to move forward with acquiring the easements for its projects,please respond to this offer within ten days of the date of this letter. If the District has not heard from you by then, it will be presumed that the offers have been declined and the District will then proceed accordingly, You ul • • By .Q Eric Doering District Manager St.Vrain Sanitation District • 11307 Business Park Circle Firestone, CO 80504 Phone (303) 776-9570 Fax: (303)485-1968 ti' LS bl • Agreement Owens Brothers Concrete Co. has made application to the Colorado Division of Minerals and Geology for a permit to mine sand and gravel. The property is located in Section 32, Township 3, pnt1 Range 67 West in Weld County, Colorado. Akan-, Pf3 xlzz(96 Rule 6.4.19 of the Colorado Mined Land Reclamation Board (Construction Material Rules and Regulations, January, 1996) requires the permit applicant to provide a notarized agreement between the applicant and the owners of any permanent man- made structure within 200 feet of the affected land. The agreement must state that the applicant will provide compensation for any damage caused by the mining operation to any structure within 200 feet. Owens Brothers Concrete Company agrees to provide compensation for any damage caused by the sand and gravel mining operation to the structure listed below (which is located within 200 feet of the affected land). STRUCTURE WITHIN 200 FEET OF AFFECTED LAND • Gas Well and Related Structures OWNER OF STRUCTURE Vessels Oil and Gas Company AGREED: en At (O ens Brothers Concrete Co. - Title) • SV he U-1 , tgCIL Date NOTARY State of Colorado City, County of AIWA mS The foregoing was acknowledged before me on this 1wilt day of Sung , AD, 1996 By My commission expires: 10. 3'1-°I'7 Notary Public: r d LI GJ Ls ^REE •075/9 flro /749NrQG1A- Date Notary • State of Colorado City, County of afvulA. The foregoing was acknowledged before me on this Jr' Day of Jt.,ve , AD, 1996 Byfi/10 < Ut' My commission expires: w/i/+! Notary Public: A r11/g Q • • �gwk�svrw NDIUS1RIML REALTY ASSET MANAGEMENT, LTD. Rea! >::'sta a Services for the Mining and Construction indu;try Nationwide August c 1996 • ^ru.dy Boden Vessel; Coil and Gas Company 1050 Seventeenth Street, Ste 2000 I;:dependence Plaza Dec , Colorado 80265 • BROTHERS AGREEMENT - LEGAI. DESCRIPTION eiu And.: Thanks for pcitsting out the problem with the legal de3cription. If you don I rr,ind, 1. f 3 �: word '` I with the+� 't �;i. ,,,� cross out the "south and repiacr. ; the word -north" prior to submitting it to the State Division of Minerals and Geology. If you feel that a new corrected agreement is needed instead, please call and i'll have one pr.pr.rvd. Thanks Sincerely, i Paul G. Gesso, MCR Consultant to Owens Brothers Concrete • PAUL 6.bESS(1 7415 Wes 5±Are.,Suite 216- tokewoad.C080226 -Oftil.x,503;2744Y7? • Nome 1303 237.1050 • Mobe 303)863)926 • fax 303;274-4277 INDUSTRIAL REALTY ASSET MANAGEMENT, LTD. Real Estate Services for the Mining and Construction Industry Nationwide June 14, 1996 Harold Nelson, Secretary Last Chance Ditch Company 11955 Weld County Road 15 Longmont, Colorado 80504 RE: STATE MINING PERMIT APPLICATION - OWENS BROTHERS WELD COUNTY COLORADO PROPERTY AT COUNTY ROAD 26 &3/4 AND WELD COUNTY ROAD 15 • Dear Harold: As you know, the Weld County Commissioners approved the Use by Special Review for this project with 25 foot setbacks from the property boundaries and internal property lines, including easements. We are now preparing the application for the State Mined Land Reclamation Board permit and one of the requirements is that if we are closer than two hundred feet from any significant man-made structure that we must have a written, notarized agreement with the owner of the structure whereby Owens agrees to compensate the owner for any damage caused by the mining. The Last Chance Ditch is within this 200 foot requirement and is considered a significant man-made structure. We have setback the Weld County required 25 feet from your easement boundary. The State requires this standard form agreement for mining within the 200 feet. We therefore need an agreement with the Last Chance Ditch Company. Enclosed is • PAUL G.GESSO 1475 West 5th Ave.,Suite 216 • Lakewood,(0 80226 • Office 13031 2744277 • Home(303)2371050 • Mobile 1303)8887926 • Fox(303)274-4277 the standard agreement limn signed by Owens Brothers Concrete Company for Last • Chance Ditch Company approval and signature. Please return this form to me alter it is signed and notarized in the enclosed stamped envelope. If you have any questions about this State requirement or about the agreement form, please call. Thank you. • Sincerely. • Paul G. Gesso, MCR Consultant to Owens Brothers Concrete • Lei NANO • Agreement Owens Brothers Concrete Co. has made application to the Colorado Division of Minerals and Geology for a permit to mine sand and gravel. The property is located in Section 32, Township 3 South, Range 67 West in Weld County, Colorado. Rule 6.4.19 of the Colorado Mined Land Reclamation Board (Construction Material Rules and Regulations, January, 1996) requires the permit applicant to provide a notarized agreement between the applicant and the owners of any permanent man- made structure within 200 feet of the affected land. The agreement must state that the applicant will provide compensation for any damage caused by the mining operation to any structure within 200 feet. Owens Brothers Concrete Company agrees to provide compensation for any damage caused by the sand and gravel mining operation to the structure listed below (which is located within 200 feet of the affected land). STRUCTURE WITHIN 200 FEET OF AFFECTED LAND • Irrigation Ditch OWNER OF STRUCTURE • Last Chance Ditch Company AGRE,D; 7 (thwens Brothers Concrete Co. - Title) • • aur.6 14, lclqb Date NOTARY State of Colorado CEty, County of A D,4 n,S The foregoing was acknowledged before me on this 14-[ H day of S'kn E , AD, 1996 By My commission expires: 10. a 9.21 '1 Notary Public: Antto U AGREED: I7C• r C. /Get-L.-cc ))L%I 6E, er(i 7 Date Notary • State of Colorado ,,II City, County of giot .I Q-40. The foregoing was acknowlegged��beeftfore me on this 9(x Day oM12.4_5S.,.ovon il, AD, 1� By i'` tc-Qd My commission expir s: Notary Public: t 'cc �� • Hello