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Home My WebLink About20112902 Epviropwept, 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 October 20, 2011 Weld County Clerk to the Board Board of County Commissioners Office 915 Tenth St . Greeley, Colorado 80631 Re : Amendment of a Mined Land Reclamation Permit Dear Sir/Madam: We are delivering to you herewith, the adequacy review packet delivered to the Division of Reclamation, Mining and Safety for the Carr Gravel Resource (permit # M-1988-048) operated by L.G. Everist, Incorporated. Two copies of the amendment application are on file with the Division of Reclamation, Mining & Safety. This copy of the adequacy packet is delivered to you pursuant to 34-32 . 5-112 (9) (a) , Colorado Revised Statutes 1995, as amended, which states in part : .... the applicant shall place a copy of such application for public inspection at the office of the Board and Office of the County Clerk and Recorder of the county in which the affected land is located. Please place this packet with the application book we deliv- ered in September 2011 . It must be kept for public review until the amendment has been approved by the Division. We will contact you once it is and make arrangements to pickup this copy. Please acknowledge receipt of the copy of the adequacy packet by signing in the appropriate space provided below and returning one copy of this letter to the person delivering the book. This will be submitted to the Division of Reclamation, Mining & Safety to prove the adequacy packet was delivered to your office. Yours truly, ENVIRONMENT, INC . Stevan L. O ' Brian enclosure !� RECEIVED THIS 2-se DAY OF Vc 2011, one copy of an application amendment packet for above referenced mine. Weld County Clerk to the Board uhu c R��t�` By �� I �-n 1> �� 11 Q& �L 2011-2902 10,-31 -X\ Euviropwept, 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 October 20, 2011 Mr. Eric Scott Division of Reclamation, Mining & Safety 1313 Sherman St. , #215 Denver, CO 80215 Dear Eric; RE: L.G. Everist, Inc. Carr Gravel Resource, Permit # M-1988-048 Adequacy Response #1 On behalf of our client L.G. Everist, Inc . , I will respond to your October 4, 2011 adequacy review letter in the order and number format presented in that document. Exhibit B-Index Map(Rule 6.4.2) This comment touches on several exhibits, but it appears here first... The provided maps show a segment of the access road from WCR 120 in the SE corner of the permit exiting and then re-entering the permit boundary. It appears that the road crosses property owned by GMS Land& Cattle Co LLC. Unless this segment is a pre-existing roadway that will not be modified or improved, it should be included in the permit area.This road segment could also raise legal access, and damage waiver issues as well (Exhibits A, N, 0 and perhaps S). Please address as appropriate. The land in question is part of a larger parcel owned by L.G. Everist, Inc. It lays within the Lehr Pit (M-1983-213 ) oper- ated by Weld County under a lease with L.G. Everist, Inc. . The road from the Southeast corner of the permit area to the north line of the County Permit area, the section you refer to was an improved road, existed prior to L.G. Everist, Inc. permitting the Carr Gravel Resource in 1988 . I have clarified the Ownership Maps to show the area north of WCR 120 and in the Lehr Pit is part of the property owned by L.G. Everist, Inc. There is no need to improve or modify the road only do regular routine maintenance on it. L.G. Everist, Inc. , sent me a couple of documents addressing the road that crosses the Lehr Pit (M-1983-213) operated by Weld County. The first document was the ASSIGNMENT AND ASSUMPTION or LEASES for the property they purchased from Lehr, and the second was a copy of the AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD PURPOSES (lease) between Lehr and Weld County. Both are attached for your review. ENVIRONMENT, INC. PAGE 2 L.G. EVERIST, INC. - CARR GRAVEL RESOURCE ADEQUACY RESPONSE OCTOBER 20, 201 1 The first has little bearing on the road question but proves that L.G. Everist, Inc . , is the lease holder. The second one covers the access road in paragraph 3 titled Access : . In this section the county agrees to " . . .obliterate said haul road. . . if requested by owner. " . This infers that the road will remain unless L.G. Everist, Inc . asks for it to be removed. I can assure you that Everist will not ask for it to be removed. Exhibit C-Pre-Mining and Mining Plan Maps(Rule 6.4.3) One or more maps may be necessary to legibly portray the following information: (a) all immediately adjacent surface owners of record: Please submit this information. I have revised the ownership information on this map exhibit to match Figure O-1 Ownership Map revised on October 17 , 2011 . (b) the name and location of all creeks, roads, buildings,oil and gas wells and lines, and power and communication lines on the area of affected land and within two hundred (200)feet of all boundaries of such area; I have added fences, powerlines and telecommunication lines to the maps and a list of the structures and the owners of struc- tures to the Mining Plan Map. These items were shown on the 1988 and 2000 Map Exhibits to the best of my knowledge and have not changed. The scale of the map may make it difficult to discern their locations . The fences usually follow the property lines and in some cases are covered by the property line marker so do not show. They are listed on the map. (g) Show the owner's name, type of structures, and location of all permanent or man-made structures contained on the area of affected land and within two hundred (200)feet of the affected land. Please include this information. After the 2000 amendment was approved, Weld County moved WCR 126 and built a new bridge for the road. A house and shed were also built within 200 feet of the permit area in 2003 . No mining will take place within 200 feet of these structures as mining is done in that area. I have added the missing items to both map exhibits . Exhibit E-Reclamation Plan(Rule 6.4.5) The reclamation plan states that the "retention pond"will retain storm water runoff from the proposed Transload area. Please be aware that SEC regulations state that storm water runoff may not be detained for longer than 72 hours. Site runoff captured by this retention pond will either need to infiltrate or be discharged appropriately within 72 hours.Water used for dust control purposes will need to be obtained from an SEO approved source (such as well#52769-F)as stated in the Mining plan. Thank you for the information. The water from well #52789-F has been adjudicated for uses at the mine. Everist follows the procedures you note in your advisory statement. ENVIRONMENT, INC. PAGE 3 L.G. EVERIST, INC. - CARR GRAVEL RESOURCE ADEQUACY RESPONSE OCTOBER 20, 2O1 1 Exhibit L -Reclamation Costs(Rule 6.4.12) The reclamation costs provided will be reviewed further.A reclamation estimate may also be calculated by DRMS. You will be contacted if additional information is required for DRMS to calculate a reasonable estimate prior to approval of this permitting action. If the Division needs additional information to complete their Reclamation Cost review we are prepared to provide it once you tell us what you need. Exhibit N-Source of Legal Right to Enter(Rule 6.4.14): You must provide the source of your legal right to enter and initiate a mining operation on the affected land. This information is on file in the 1988 permit application packet and also in the 2000 amendment packet . We submitted a copy of the deed showing that L.G. Everist, Inc . owns all of Sec . 35, T-11-N, R-67-W and Sec . 1, T-10-N, R-67-W with the submittal of this amendment . The deed and a notarized affidavit of ownership was submitted in 2000 showing part of the E;4 of Sec 27, T-11-N, R-67-W is owned by Andesite (a wholly-owned subsidiary of L.G. Everist, Inc . ) . A copy of a lease covering the part of the W4 of See 26, T-11- N, R-67-W. with Thomas was submitted in 1988 and has been renewed. These items constitute proof that L.G. Everist, Inc . has the right to enter and operate the mine . To simplify this we are providing a notarized affidavit confirming the right to enter the mine based on this information. Exhibit 0-Owner(s) of Record of Affected Land(Surface Area) and Owners of Substance to be Mined(Rule 6.4.15): Please submit a complete list of all owners and show the owners on your map in Exhibit C. Attached is a copy of Exhibit 0 - Owners of Record revised on 9/22/11 and Figure 0-1 Ownership Map revised on 10/17/11 showing all the owners on or around the permit areas as of that date . This information has been added to map Exhibit C-1 also. This list was used when sending the adjoining landowner certified letters . Exhibit S-Permanent Man-made Structures (Rule 6.4.19) The Exhibit S submitted with the amendment applications simply states that there are "no changes to this Exhibit". Has it been verified that the ownership of structures within 200 feet of the affected area remains unchanged, and that there are no additional structures, since the previous amendment? Yes, This statement applies to the amendment area within 200 feet of the Transload Area. The structures I noted in the response to rule 6 .4 . 3 (g) above were added around the 2000 amendment permit area after it was approved and were built ENVIRONMENT, INC. PAGE 4 L.G. EVERIST, INC. - CARR GRAVEL RESOURCE ADEQUACY RESPONSE OCTOBER 20, 201 1 within 200 feet of the area where mining is complete. No mining will take place within 200 feet of these structures . Please note that roadways and above-ground or underground utilities (if present)within 200 feet of the proposed affected area are considered permanent man-made structures. In accordance with Rule 6.4.19, when mining operations will adversely affect the stability of any significant,valuable and permanent manmade structure located within 200 feet of the affected area,the applicant may either: a.) Provide a notarized agreement between the applicant and the person(s)having an interest in the structure, that the applicant is to provide compensation for any damage to the structure;or b.) Where such an agreement cannot be reached, the applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation. Please provide evidence(certified letter to structure owners)that a notarized agreement between the structure owners and the applicant was pursued. If an agreement is unable to be reached a geotechnical assessment may be provided to demonstrate that the structures shall not be damaged. New agreements are not needed for the structures in place prior to this amendment since they were dealt with in 1988 and 2000 during permit review at those times . Additional Information You will also need to provide the Division with proof of notice publication. Publication in the Greeley Tribune, the legal notice paper for Weld County, started on September 24, 2011 and ended on Octo- ber 17 , 2011 . The public comment period ends on November 7, 2011 . A copy of the return receipt cards for the adjoining landowners are attached. Two owner notice cards were not returned by the Post Office so I have provided a printout from vsPs.CoM showing they were delivered. A copy of the Proof of Publication will be submitted as soon as it is received. Any letters from other commenting agencies/entities received by the Division to date have been included with this correspondence for you to review. US Army Corps of Engineers - L.G. Everist, Inc . , understand the permitting requirements outlined by the Corps and will obtain any permits necessary should they encounter any of the conditions listed during mining. Office of the State Engineer - L.G. Everist, Inc . , thanks Ms . Bucker for the time she took to review their permit . Office of Archaeology & Historic Preservation (RECEIVED WITH INSPEC- TION REPORT) - Lynn Shults contacted History Colorado and found the two sites listed lay along Lone Tree Creek in the SE'%, Sec. 26 and the N%NE44NElA, Section 35, T-11-N, R-67-W, 6th P.M. Both of these areas lie outside the area where mining took place on those Sections . They will not be disturbed in the future . There are no cultural sites listed in the State records for Sec 1, T-10-N, R-67-W, the area that is left to be . ENVIRONMENT, INC. PAGE 5 L.G. EVERIST, INC. • CARR GRAVEL RESOURCE ADEQUACY RESPONSE OCTOBER 20, 201 1 mined. L.G. Everist, Inc. will follow SHPO' s suggestion if human remains are found. LIST OF ATTACHMENTS TO THIS RESPONSE: Map Exhibit C-1-Mining Plan Map(revised) Map Exhibit F-Reclamation Plan Map(revised) Exhibit N-Source of Legal Right to Enter affidavit Exhibit 0-Owners of Record&adjoining owners(revised) Figure 0-1-Ownership Map(revised) Exhibit S-Permanent Man Made Structures(revised) Surrounding owner return receipts Assignment and assumption of leases(Lehr) Agreement for use of soil and/or gravel for road purposes(Weld County Lease) I hope these responses have addressed the adequacy questions you had. I will place a copy of this packet with the Weld County Clerks office as required. If you have any questions please call me. Sincerely, Environment, Inc Stevan L. O'Brian President cc L.G. Everist, Inc. Weld County Clerk file enclosures SOURCE OF LEGAL RIGHT TO ENTER STATE OF COLORADO ) ) ss. AFFIDAVIT COUNTY OF ADAMS ) DENNIS FIELDS, as Vice President of L.G. Everist, Incorporated, being first duly sworn upon oath, deposes and says : 1 . That L.G. Everist, Incorporated is the surface and mineral rights owner of the permitted lands laying in part of the Eh of Section 26 and all of Section 35, T-11-N, R-67-W and all of Section 1, T-10-N, R-67-W, 6th P.M. Weld County, Colorado known as the Carr Gravel Resource . A copy of the deed is available for inspection at the Mountain Division Corporate office in Henderson, Colorado. 2 . That Marjorie J. Thomas owns the surface and mineral rights of the permitted lands laying in part of the WA of Section 27, T-11-N, R-67-W, 6th P.M. Weld County, Colorado known as the Carr Gravel Resource . L.G. Everist, Incorporated leases the Thomas property for mining and reclamation. A copy of the Lease is available for inspection at the Mountain Division Corporate office in Henderson, Colorado. 3 . 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 and for auxiliary uses associated with the mine . 4 . That L.G. Everist, Incorporated is empowered to acquire any permits for mining and reclamation on this property with or before the Colorado Mined Land Reclamation Board under the provisions of the Colorado Mined Land Reclamation Act . • 4 Dennis Fields, Vice President SUBSCRIBED and sworn to before me this ZO , day of _. . ,Tb? /g_,.,2©11, by Dennis Fields, Vice President. LYNN MAYER SHULTS Notary NOTARY PUBLIC STATE OF COLORADO My commission expires : (notarial seal) +' 1 C-DRMS-SourceLegalRightEnteu-DF-Oct2011.doc Exhibit 0 OWNERS OF RECORD SURFACE AREA AND SUBSTANCE TO BE MINED L.G. Everist, Inc . 7321 E. 88th Ave, Suite 200 Henderson, CO 80640 ADJOINING LANDOWNERS (WITHIN 200 FEET OF AMENDMENT AREA) 1 . Kenneth & Sharon Mosness 10 . Donald I Grams, et al 9961 CR 126 c/o Patricia Staples Carr, CO 80612 4570 S . Ouray Way, Aurora, CO 80015 2 . Richard E Lewis 9848 Stevenson Ave . 11 . Hill Colorado Farms & Carr, CO 80612 Hill-Yates Farm LLC c/o Daniel R. Hill 3 . Keith Weise 203 Jackson St . 1770 Tabeguacho Mtn. Dr. Ft . Atkins, WI 53538 Loveland, CO 80538 12 . Scott D. Koskie 4 . DePorter Properties, LLC 14570 N County Road 7 12609 CR 120 Wellington, CO 80549 Carr, CO 80612 13 . GMS Land & Cattle CO LLC 5 . Marjorie J. Thomas 219 Palm Springs Ave . 7900 CR 126 Cheyenne, WY 82009 Carr, CO 80612 14 . Arvid DePorter 6 . Lazy D Grazing Assoc . 14503 CR 108 Arvid DePorter, Sec . Nunn, CO 80648 Carr, CO 80612 15 . Kenneth M. Smith 7 . Roy A. Diehl P.O. Box 3574 9378 CR 124 Palmer, AK 99645 Carr, CO 80612 16 . Union Pacific Railroad 8 . State of Colorado 1400 Douglas St . Land Board Omaha, NB 68179 600 Grant St, Suite 640 Denver, CO 80203 17 . Weld County Board of Commissioners 1150 "O" Street 9 . Lazy Two Ranch, LLC. Greeley, Colorado 80632 P .O. Box 546 Evansville, WY 82636 18 . L.G. Everist , Inc . 7321 E . 88th Ave, # 200 Henderson, CO 80640 2O (Revised 9/22/11) FIGURE O-1 - OWNERSHIP MAP coo LG EVERIST, INC. - CARR GRAVEL RESOURCE 1 PERMIT # M-1988-048 2 3 I \ 5 3 \ 1. Kenneth Mosness 10.Donald I Grams,et al \ I Sharon Mosness c/o Patricia Staples \ LG Everist 9961 CR 126 4570 5.Ouroy Way, \ I Carr,CO 80612 Aurora,CO 80015 J \4 5 \ 2. Richard E Lewis 11. Hill Colorado Farms d \p 9848 Stevenson Ave. Hill-Yates Farm LLC Carr,CO 80612 c/a Daniel R. Hill \ 5-Thomas 203 Jackson St. \ 3. Keith Weise Ft.Atkins,WI 53538 \ 6 1770 Tabeguacha Mtn.Dr. • Loveland,CO 80538 12. Scott D.Koskie \ 14570 N County Road 7 \ 4. DePorter Properties,LLC Wellington,CO 80549 \14 12609 CR 120 Carr,CO 80612 13. GMS Land&Cattle CO LLC \o1Ca 219 Palm Springs Ave. 5. Marjorie 3.Thomas Cheyenne,WY 82009 l 6 7900 CR 126 7 Carr,CO 80612 14. Ardid DePorter 14503 CR 108 6. Lazy D Grazing Assoc. Nunn,CO 80648 Arvid DePorter,Sec. I El Carr,CO 80612 15. Kenneth M.Smith ( Trainload Area P.O.Box 3574 380 Aerwt 7. Roy A.Diehl Palmer,AK 99645 \ 9378 CR 124 \CI Carr,CO 80612 16. Union Pacific Railroad \C 1400 Douglas St. 13 8. State of Colorado Omaha.NB 68179 Land Board \ 1.6 Everist 600 Grant St,Suite 640 17. Weld County(roads) \ Denver,CO 80203 Commissioners office \ LLC. Tenth Street 9. Lazy Two Ranch, Greeley,CO 80631 \ P.O.Box 546 \ Evansville,WY 82636 18. L.G.Everist,Inc. \ P.O.Box 5829 \ 8 5ouix Falls,SD 57117-5829 \ \S \p l \ i 8 \ ID T_ 9 I t 1-6 Everist LEI N 9 + — nl 15 4---L6 Everist �c-- IZ i f WELD COUNTY 120 13 Ld DATE: OCT 17, 2011 - 15:51:24 SOURCE-WELD COUNTY ASSESSOR FILES .1 EXHIBIT S PERMANENT AND MAN-MADE STRUCTURES The following list reflects the structures on or within 200 feet of the entire permit area. If an adjoining owner is not listed then they have no structures within 200 ft of the permit area. Many of these structures are next to areas where mining and reclamation is complete and will not be disturbed by future operations. Kenneth & Sharon Mosness Fences*, Corals*, shed* Richard E Lewis Shed* DePorter Properties, LLC house*, concrete pads*, water well* Marjorie J. Thomas property fences* Scott D. Koskie fence along WCR 120 GMS Land & Cattle CO LLC fence along WCR 120 Arvid DePorter fence along WCR 120* Kenneth M. Smith fence along WCR 120* Weld County Board of WCR 126*, 120, & 24*, Commissioners bridge on WCR 126* Union Pacific Railroad railroad track*, switch building* Level 2 Communications fiber optic line along railroad* Nunn Telephone buried phone line along WCR 120 service line to Transload area* L.G. Everist, Inc. Railroad tracks*, shop building*, office trailer*, Transload office*, office septic system*, property line fences, water pump*, water well* Amendment area All structures within 200 feet of the Transload Area and road that constitute the amended area are unchanged from 2000 when the last amendment was filed. Union Pacific Railroad railroad track*, switch building* Level 2 Communications fiber optic line along railroad* Nunn Telephone buried phone line along WCR 120 service line to Transload area* Weld County Board of WCR 126*, 120, & 24*., Commissioners bridge on WCR 126* Kenneth & Sharon Mosness Fences*, Corals*, shed* GMS Land & Cattle CO LLC fence along WCR 120 Arvid DePorter fence along WCR 120* Kenneth M. Smith fence along WCR 120* L.G. Everist, Inc. Railroad tracks*, shop building*, office trailer*, Transload office*, office septic system*, property line fences, water pump*, water well* * structures not within 200 feet of mined area 26 (revised 10/13/11) SOURCE OF LEGAL RIGHT TO ENTER STATE OF COLORADO ) ) ss. AFFIDAVIT COUNTY OF ADAMS ) DENNIS FIELDS, as Vice president of L.G. Everist, Inc . , being first duly sworn upon oath, deposes and says : 1 . That L.G. Everist, Inc . is the surface and mineral rights owner of the permitted lands laying in part of the E% of Section 26 and all of Section 35, T-11-N, R-67-W and all of Section 1, T-10-N, R-67-W, 6th P.M. Weld County, Colorado known as the Carr Gravel Resource . A copy of the deed is available for inspection at the Corporations office in Henderson, Colorado. 2 . That Marjorie J. Thomas owns the surface and mineral rights of the permitted lands laying in part of the Wi4 of Section 27, T- 11-N, R-67-W, 6th P.M. Weld County, Colorado known as the Carr Gravel Resource . L. G. Everist, Inc . leases the Thomas property for sand and gravel and gravel mining. A copy of the Lease is available for inspection at the Corporations office in Henderson, Colorado. 3 . That L.G. Everist, Inc . is legally empowered to enter upon the subject lands and to conduct mining operations for sand and gravel and other construction materials and for auxiliary uses associated with the mine . 4 . That L.G. Everist, Incorporated is empowered to acquire any permits for mining and reclamation on this property with or before the Colorado Mined Land Reclamation Board under the provisions of the Colorado Mined Land Reclamation Act. Dennis Fields, Vice President SUBSCRIBED and sworn to before me this , day of , 2011, by Dennis Fields, Vice President. Notary Public My commission expires : (notarial seal) L.G. EVERIST, INC CARR GRAVEL RESOURCE M-1988-048 SU,RROUNDING OWNERS PROOF OF NOTICE DELIVERY 10/18/2011 • t�eMwnw YarlR U>ii#tAli¢b$!It• «..,...•....:•,:.::: Replll�ttrl itpt:lA v Ir6 ....ru ., ...... ».....:....r.e.F.F:. ..�«. s... ...._...,:. ... .. — .:..........::::m..c..l. •.:«,.....A ..,...r.4....r^'k:•r u•::cm....-.....�'.h•"e.F.9F.•iiY"•'•�,�rS4°•i:::r�:3'�v=srh�Ls.... . -....._. _ .. :• :1.:]r:q :::_�.:........... .. ::,::.«..::::..::�;.._:-:_,...•_._.............�-'�,€'�r:,.€',I�.:7,:..�:„„,,».,,,.•.._x -�.s...l..t.�__.__....r.r....:.r.,,.,sr€'€�ir,� .+� ...,..., , .F•F•�•.�: _,:•.... aLISPS.COM. Search USPS.com or Track Packages Q 5 F;... a Send Mad MatlatgB'Yotry €,:,'III ,F E it 4'N"s tioIrt[t'rr- -Track & Confirm • �ET 4,1)4,ueD�tTee I.muff.S w� Li YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DALE&TIME LOCATION FEATURES Li 701 01 6700001 781 81 521 First-Class Mail® Delivered September 27,2011,10:47 CARR,CO 80612 Expected Delivery By: am September 27,2011 • Hide DetailsQ i Certified Mall's Kenneth&Sharon Mosness Notice Left September 27,2011.10:45 CARR,CO 80612 9961 CR 126 am Carr, CO 80612 j Acceptance .September 26,2011, 11:33 DUPONT,CO 80024 am • • • z t 70101670000178181576 j, .First-Class Mall® •Delivered September 27,2011,11:49 WELLINGTON,CO 80549 Expected Delivery By: am September 27,2011 IM Hide DetailsQ Certified Mail Processed through September 27,2011,6:09 am DENVER,CO 80266 Scott D. Koskie USPS Sort Facility 14570 N. County Road 7 Wellington, CO 80549 Acceptance September 26,2011,11:34 DUPONT,CO 80024 am NOTE: No return receipts received as of 10/18/11 for these two notices. Letter delivered on 9/27/2011 for both parties. L.G. EVERIST, INC CARR GRAVEL RESOURCE M-1988-048 SURROUNDING OWNERS PROOF OF NOTICE DELIVERY 10/18/2011 i ‹ 0 No-, V, a e.. ' "E. co U 2 c rcc o U 8 � r7 fl lid I p- z m � a O !I 0 O El '°_:,,, m U � � L 4J � a k1 N � � cli" 2' s.: i rr5 • st �A�. • -DSLY El [CSD 0 to tL�, _ , to QJ ❑ ❑ ¢ ..J3 :1{ XI •• ri v N E U ¢ X m ei v r a E r-R 5 p mb" • . C) ,--1 o d Ell h p ! • C: 67 (� • i ' c Zi• a 8 f`-Oif-). Id moo O E l E Q) � g o"' O0 t4 ay �� cn titi a- w as 41 0 c w a � CD qy ° a o N CP _g 04 '00 �g H ••o W � co 52 rr � 8 #s $ ❑ '� 2 CO- 0 °'o[ ` « m ACA z' e m co .- Lki waE ' R `d o(1) t-- O i g li O C T1. E U) ■ II ■ ai a, t/) ■ ■ ■ -- ni o_ — _— _ _.. r J • SENDER: COMPLETE THIS SECTION C•M Ere THIS SEC7r•N •N•SLIVERY ■ Complete items 1,2,and 3.Also complete. A. Sign `)re item 4 if Restricted Delivery Is desired. O Agent ■ Print your name and address on the reverse. - ,L' O Addressee so that we can return the card to you. ,: Rerreivpd by(P'ri'nt•- ame C. Date of Delivery II Attach this card to the back of the mailpiece, �� , — I �, or on the front If space permits. l� D. Is delivery address different from item 1? O Yes 1. Article Addressed to: If YES,enter delivery address below: O No DePorter Properties, LLC 12609 CR 120 Carr, CO 80612 3. Seiyfte Type Id Certified Mali O Express Mall ❑ Registered 2f'Retum Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Foo) ❑Yes 2. Article Number 7 010 1670 0001 7818 1606 (Transfer front service label} PS Form 3811,February 2004 Domestic Return Receipt 102595-o2-M-t54o s L.G. EVERIST, INC CARR GRAVEL RESOURCE M-1988-048 SURROUNDING OWNERS PROOF OF NOTICE DELIVERY 10/18/2011 2 i % E 4/ O u m $ 17. Y ° i a/ It c W _ 11 f1J al( , l. .0 m y 3 & dJ i 14 cc . �i )-) 2 Q I 4 ti I O '0 * E' G.4 O g O v m ci 4, 2 9 Z 2 c� 2. d �7 � C F ,c y i C H i F:s.: :8 -1' ; q� (j'� VQ y Wv' W J N d 1d i C VC W �U C a 4 YYY"'CCC� ^ Y y 4, r1 U i r n�t❑O ¢ .JI • :s..._...6 t3. 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Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. • i - .5 M U D.is delivery address different from item 1? O Yes 1. Article Addressed to: If YES,enter deli very address below: O No Roy A. Diehl 9378 CR 124 Carr, Co 80612 3. Type Certified Mail Op.pn3ss Mall _. O Registered id Retum Receipt for Merchandise O Insured Mall CI C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Art1Ge Number 7 010 1670 0001 7822 5683 (Transfer from service label) --_____ PS Form 3811,February 2004 Domestic Return Receipt ro25ss•o2-M.1540 L.G. EVERIST, INC CARR GRAVEL RESOURCE M-1988-048 SURROUNDING OWNERS PROOF OF NOTICE DELIVERY 10/18/2011 % g' g R 1, F Q o r z >- GZ Z >- z i 3 s lIl 2 f 'R li 1 df ,---1 a ', � LL ru ill ?, �¢ tj k co !� U ll U a - N " t co t a t a 2 3* 2 2 ,, il i ; 1 ,g ] 2-Ni! ..? t r;, % d X m ci ri v r.. s o ce x mild d _ o p E ra a 2 U ra U m rR `o 'b N m CJ A o CA Z Ea. y �'� U r) z xiI 'ti o o e o E r7 1,O � E '� a' 8 L a) a ry to o Nv c O. co U �i� c o • 'd w a.N0,o w 3No�'�4 a 0 � 2 E Q M � 2 t E ° 8 U 3 p 'd rn Z C≥-0z— 'i lQ N z C y0y� '0 tr)o 0 ILA ct CS c'l r O •o ✓ e-: .2 f�i to . , a r-1 lv +J cc ii o N o r-I LU a O N U) O X r-i o —i i ry — ▪ a C' R) 01 12 o o ro . � ° EW > .= 4• 2 v5 4-1g � U U dm ;cm -0 to m U ) .. - ; Oricfa 21. w 5 22 t >v ' Z (r} N- o « "r N 41 V a7 y c') ant >, c" m ►� O td avTcor m +� 9 > _m w EEC.- ecd i rd • > s € I w c o u moi~ € r7 o „,-c > o f o v o N Z U�a2¢ $ asPI u- I Z �aS< b dr tn0%.00 Q (A ■ II ■ of n_ ! N N ■ N of o_ =%, -. J SENDER: COMPLETE THIS SECTION COMPLETE THIS SECT/ON ON DELIVERY Ill Complete items 1,2,and 3.Also complete A. Sign, item 4 If Restricted Delivery Is desired. / O Agent • Print your name and address on the reverse X .4,1-1§7--- ❑Addressee so that we can return the card to you. B. •- :Ived by(Printed N )�'` C. Date of Delivery ■ Attach this card to the back of the mailplece, P--r- .� t e -- D.or on the front if space permits. J i C Is delivery address different 1? O V s 1. Article Addressed to: If YES,enter delivery addr «-1 No s.,11,c C., 1;), Donald I . Grams , et al 1� ' c/c., Patricia Staples r�_� ..,, 45* S. Ouray Way, ( T Service Type Aurora, CO 80015 ``. .:, ,,, �iiialeitiosaose s • 'eyed _.. 0 Insured Mall O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes Z. Article(Trans r Number 7 010 1670 0001 7 818 1552 (Transfer from seuvloe labs!} _ ` . PS Form 3811,February 2004 tic Return Receipt,b toz5ss•a24.4-isao r L.G, EVERIST, INC CARR GRAVEL RESOURCE M-1988-048 SURROUNDING OWNERS PROOF OF NOTICE DELIVERY 10/18/2611 i c �� o g < a , zI } asrz c❑ ❑ j ❑ Cl ❑ g # ? 1R lr ❑ ❑ t g c. C W o in 1 C r .8 .1J z _ >w d 1 -1 Oz 0 u rR • ( ' ¢ L Z �S'— � aU '44' ' it E i g c° • ' ii -..- 2 x vt s 3\i'- - till g .r ig o W D a -4 ft; g gin_ is ❑ ❑ o in ¢ r ❑ D d c� d ?C m d c i 1 •v _U 'i Ov d X am o of i -4 rA « _o � I-4 v pCCu ci a I"- il 2 § a.$ 4) 3E 0 > o 0eo E Har+ In S,c 4) TN <4 (TN ti u d2 Ow f-1 a rt co 8~ O. 0) o U 243 Ctf •'i in W 22rS f---t to c) W QN p.o=FF [14 Ex °[N �� O p ITN f1) • ti co.. E Sa +) H ti � mca € +� s~ � i pE y9 0 r0 • U) 3 a ti c.�B 2.2 a CO • i N I-- '-(7.-.) 2 y a LJ Lu N m U i t >+ W Q E `A_ SA IA .-3 O to m 2 2 .-� 0 S o M � � 3 n2 w .15i 2 � .o O N 41 fn c a t c• rs1-55-gt '`I •r♦ •rl_ r • m e -CS CD tt3 O v (DM # _ U Q n FG � W w o 3 t a s z co tr 1,,7V:'-E. Q c--+ ra z av >••Ili c 1 Wi >4rt .-� Q M • tJ.�1 rr Q 6 Z LI N t� t° Z dUM x x O N Wii3 N tU oi Cl) U) ■ 19 C cv IZ SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted.Delivery is desired. O Agent m Print your name and address on the reverse X ��}-. A �� ❑Addressee so that we can return the card to you. B. Received by(Prim ed Name) C. Date of Delivery to Attach this card to the back of the mailpiece, /1S(� ( _i .�7 // _ or on the front if space permits. `� 1--� Y �x / D. Is delivery address different from item 1? O Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No Arvid DePorter 14503 CR 108 Nunn, CO 80648 3. Se Type Certified Mall O Mail ❑ Registered E7 Return Receipt for Merchandise O Insured Mall O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article ans Nr from s L u• , 7 • 1 ,`1 ? i 590 (Translerlromservlcv:st>�j��}iiori�J �` �A� mss _..,_...__ -- PS Form 3811,February 2004 Domestic Return Receipt 102595-024.1S40 L.G. EVERIST, INC CARR GRAVEL RESOURCE M-1988-048 SURROUNDING OWNERS PROOF OF NOTICE DELIVERY 10/18/2611 f r o Y Z' ¢a'1,- Ym z Y N s cc cc �c, 1' w O _ a .1t > (l T� .. n_ m ii`i CD 1 n _° �, a O Q .eZ $ Eb Q f Eo cp o CC r �Jo,o . a Ili1 0 v g '3.: in ti ;`' SCI ❑ ❑ ❑ e O3 c` ��,} a . ≥LLJ�. a o . ',:.! tilli I c wr Fe, 2 - L. %.' I g R (r 1 -.6a5 a. w • cc c 0 ds 0 CI• d X ai ci 6 v E t, d X .8 -A o 6 a r 0 cc rm ii o cc r-I a s � g r- o a _ o o d Q� o f Ts g f c, V its in........ y I Q� N °- Ti-`-" `-{ N . u0i iTo- : •rl lD , 7• )V m VO. c441O. co co , Y 'a -ro co tn � Ql CV c="1:l- V) r• ►- 5.Z-0L � m lt1 el io m8 o -i i .. i � . I z' W ciDiD E ce ...I in co i cv�v E M D4 aW nm w .":'T ro 2 0 4 - �rt. I i •.=� 5 o fk Q x � 'Y m a � ' � gi _ $ o o-mco z E: c r3� ..t~ o - o u o 2 0-.E . 7 �' co co , 33r2 a t .E m w n� T--£C 4 �Z z CO $moo-NL � a � O z t M • 6.a ,9•:c8 d ado tr. 6 a8a � d al IL to • NI II _ -_... _. c. a. to ■ ■ ■ .. cii a. SENDER: COMPLETE THIS SECTION Corvr•LETE TP4IS SECTION•P!•ELiVENY • Complete items 1,2,and 3.Also complete A. Signature —/ item 4 if Restricted Delivery is desired. erns XC 0 • Print your name and address on the reverseAddressee so that we can return the card to you. g. R ad p C. Date of Delivery • Attach this card to the back of the mailplece, Received G,�""" or on the front if space permits. D. Is delivery address different from item 1? O Yos 4. Article Addressed to: if YES,enter delivery address below: 0 No Weld County Board of Commissioners 1150 "O" Street Greeley, Colorado 80632 3, Service Type 0 Certified Mall 0 Express Mall ❑ R©gistered 0 Return Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7010 1670 0001 7818 1620 (transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 1025asO2-M-1540 STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Sherman St.,Room 215 Denver,Colorado 80203 COLORADO DIVISION OF Phone:(303)866-3567 RECLAMATION FAX:(303)832-8106 MINING —SL— SAFETY RECEIVED October 4, 2011 OCT - 5 2011 Steve O'Brian Environment Inc. ENVIRONMENT INC. 7985 Vance Drive#205A Arvada CO 80003 Re: Preliminary Review of a 112 Construction Materials Reclamation Permit Amendment Application Package AM-02,Carr Gravel Resource,Permit No.M-1988-048 Mr. O'Brian: The Division of Reclamation, Mining, and Safety has completed its preliminary adequacy review of your l l2 construction materials reclamation permit amendment application. The application was called complete for review on September 21,2011. All comment and review periods began on September 21, 2011. The decision date for this application is December 20,2011. Please be advised that if you are unable to satisfactorily address any concerns identified in this review before the decision date,it will be your responsibility to request an extension of the review period. If there are outstanding issues that have not been adequately addressed prior to the end of the review period, and no extension has been requested,the Division will deny this application. In order to allow the Division adequate time to review your responses to any adequacy issues, please submit your adequacy responses to the Division no later than one week prior to the decision date (December 13,2010). Please note that any changes or additions to the application on file in our office must also be reflected in the public review copy, which has been placed with the Weld County Clerk and Recorder. The review consisted of comparing the application content with specific requirements of Rule 6.1, 6.2, 6.4 and 6.5 of the Minerals Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials. In general the application was substantially adequate; however, as with most applications there are a few items that will require clarification of the existing information. Any inadequacies are identified under the respective exhibit heading. EXHIBIT B - Index Map (Rule 6.4.2): This comment touches on several exhibits, but it appears here first... The provided maps show a segment of the access road from WRC 120 in the SE corner of the permit exiting and then re-entering the permit boundary'. It appears that the road crosses property owned by GMS Land & Cattle Co LLC. Unless this segment is a pre-existing roadway that will not be modified or improved, it should be included in the permit area. This road segment could also raise legal access, and damage waiver issues as well (Exhibits A,N,O and perhaps S). Please address as appropriate. EXHIBIT C- Pre-mining and Mining Plan Map(s) of Affected Lands (Rule 6.4.3): One or more maps may be necessary to legibly portray the following information: (a) all immediately adjacent surface owners of record: Please submit this information. Office of Office of Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines (b) the name and location of all creeks, roads,buildings, oil and gas wells and lines, and power and communication lines on the area of affected land and within two hundred (200) feet of all boundaries of such area; (g) Show the owner's name, type of structures, and location of all permanent or man-made structures contained on the area of affected land and within two hundred (200) feet of the affected land. Please include this information. EXHIBIT E-Reclamation Plan (Rule 6.4.5): The reclamation plan states that the "retention pond"will retain storm water runoff from the proposed trans- load area. Please be aware that SEO regulations state that storm water runoff may not be detained for longer than 72 hours. Site runoff captured by this retention pond will either need to infiltrate or be discharged appropriately within 72 hours. Water used for dust control purposes will need to be obtained from an SEO approved source(such as well#52769-F)as stated in the Mining plan. EXHIBIT L-Reclamation Costs (Rule 6.4.12): The reclamation costs provided will be reviewed further. A reclamation estimate may also be calculated by DBMS. You will be contacted if additional information is required for DRMS to calculate a reasonable estimate prior to approval of this permitting action. EXHIBIT N- Source of Legal Right to Enter (Rule 6.4.14): You must provide the source of your legal right to enter and initiate a mining operation on the affected land. EXHIBIT 0 - Owner(s) of Record of Affected Land (Surface Area) and Owners of Substance to be Mined (Rule 6.4.15): Please submit a complete list of all owners and show the owners on your map in Exhibit C. EXHIBIT S-Permanent Man-Made Structures(Rule 6.4.19): The Exhibit S submitted with the amendment applications simply states that there are "no changes to this Exhibit". Has it been verified that the ownership of structures within 200 feet of the affected area remains unchanged, and that there are no additional structures, since the previous amendment? Please note that roadways and above-ground or underground utilities (if present) within 200 feet of the proposed affected area are considered permanent man-made structures. In accordance with Rule 6.4.19, when mining operations will adversely affect the stability of any significant, valuable and permanent man- made structure located within 200 feet of the affected area,the applicant may either: a.) Provide a notarized agreement between the applicant and the person(s) having an interest in the structure, that the applicant is to provide compensation for any damage to the structure;or b.) Where such an agreement cannot be reached, the applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation. Please provide evidence (certified letter to structure owners) that a notarized agreement between the structure owners and the applicant was pursued. If an agreement is unable to be reached a geotechnical assessment may be provided to demonstrate that the structures shall not be damaged. Additional Information: You will also need to provide the Division with proof of notice publication and proof of notice to surrounding property owners within 200 feet of the permit boundary. Any letters from other commenting agencies/entities received by the Division to date have been included with this correspondence for you to review. The SHPO has called the Division to express concern about possible archeological/historical sites along Lone Tree Creek. They have not yet submitted written comment at this time, however a survey for these sites may be required. To your knowledge has a survey of this type ever been conducted in the permit area to-date? If so what were the results? This concludes the Division's preliminary adequacy review of this application. This letter shall not be construed to mean that there are no other technical deficiencies in your application. Other issues may arise as additional information is supplied. Please remember that the decision date for this amendment application is December 20, 2011. As previously mentioned, if you are unable to provide satisfactory responses to any inadequacies prior to this date, it will be your responsibility to request an extension of time to allow for continued review of this application. If there are still unresolved issues when the decision date arrives and no extension has been requested, the application will be denied. If you have any questions, please contact me at(303) 866-3567 x8140. Sincerely, Eric Scott—Environmental Protection Specialist Enclosures: US Army COE comment letter nt ,61 DEPARTMENT OF THE ARMY 7( \�!.) CORPS OF ENGINEERS,OMAHA DISTRICT DENVER REGULATORY OFFICE,9307 SOUTH WADSWORTH BOULEVARD LITTLETON,COLORADO 80128-6901 �'�°`rii� September 26,2011 4ECEIVero Mr. Eric Scott Division of Reclamation,Mining and Safety Srn o Q 2011 Department of Natural Resources 1313 Sherman St.,Room 215 Division of Reciamatlprt Denver, CO 80203 Mining&Safet• ' ( RE: L.G.Everist,Inc.,Carr Gravel Resource,Permit No. M-1988-048 ._Y Corps File No.200080162 Dear Mr. Scott: Reference is made to the above mentioned project located in Section 26,T11N,R67W,Weld County,Colorado. If any work requires the discharge of dredged or fill material,and any excavation associated with a dredged or fill project,either temporary or permanent in an aquatic site,which may include ephemeral and perennial streams,wetlands,lakes,ponds,drainage ditches and irrigation ditches,this office should be notified by a proponent of the project for Department of the Army permits, changes in permit requirements or jurisdictional determinations pursuant to Section 404 of the Clean Water Act. Work in an aquatic site should be identified by the proponent of the project and be shown on a map identifying the Quarter Section,Township,Range and County or Latitude and Longitude,Decimal Degrees(datum NAD 83)and the dimensions of work in each aquatic site. Any loss of an aquatic site may require mitigation. Mitigation requirements will be determined during the Department of the Army permitting review. If there are any questions call Mr.Terry McKee of my office at 303-979-4120 and reference Corps File No. 200080162. Sincerely, Time ry T.Chie , I enve R. lato• Office tin • OF;COIO DEPARTMENT OF NATURAL RESOURCES Ai>'r!- 2 o DIVISION OF WATER RESOURCES ( 1P John W.HickenlooP er/8 76 * Governor Mike King Executive Director Dick Wolfe,P.E. Director/State Engineer Response to Reclamation Permit Amendment Application Consideration DATE: October 4, 2011 TO: Eric C. Scott, Environmental Protection Specialist CC: Division 1 Office, District 1 Water Commissioner FROM: Sarah Brucker, RE: Carr Gravel Resource, File No. M-1988-048 Operator: L.G. Everist, Inc. Contact: Dennis Fields, (303) 287-4656 Sec. 27, Twp. 11 North, Rng. 67 West, 6th P.M., Weld County COMMENTS: This is an amendment to an existing permit for a sand and gravel mining operation. The amendment seeks to change the end use on 303 out of 1412 acres of the permit area from rangeland to rail transload and storage yard, allow for a permanent equipment parking area, and to leave roads to access the mined property. No other changes are proposed. This office has no objection to the proposed amendment. RECEIVED OCT - 5 2011 ENVIRONMENT INC. • Office of the State Engineer c' tif 1313 Sherman Street,Suite 818 •Denver,CO 80203•Phone:303-866-3581 •Fax:303-866-3589 www.water.state.co.us ' .,.. . .ir`:Y 7� w:s.S..+ 5 ..,. nfu3S.4.�.� >....6 a... . !ik HISTORYCoolo_. REGE1Wfit' October. 5,2011 OCT 1 ZZI1 Eric C. Scott Divielort of Reelam ' Environmental Protection Specialist Mining&8bY Division of Reclamation, Mining and Safety �1 1313 Sherman Street, Rm. 215 Denver,CO 80203 Re:L.G. Everist,Inc.,Carr Gravel Resource,Permit No. M-1988-048) (CHS #60421) Dear Mr. Scott: Thank you for your correspondence dated September 21,2011 (received by our office on September 22,2011) and the additional information relayed during our October 3,2011 telephone conversation regarding the subject project. A search of the Colorado Cultural Resource Inventory database indicates that two cultural resources (sites 5WL276 and 5WL339)are located within the permit area adjacent to Lone Tree Creek.These sites while never receiving an official determination of eligibility for the National Register of Historic Places (NRHP)may possess a high-degree of integrity,have the potential for associated buried cultural deposits,possess interpretable data related to intra-site spatial layout,and are a type of resource increasingly threatened by development activities along the Front Range of Colorado. As such,we recommend that ground-disturbing activities associated with the project avoid both site locations. if site avoidance is not possible,we recommend further consultation with our office in order to identify options to avoid,minimize,or mitigate the adverse effect to these resources. Please he aware that our files contain incomplete information for this area,as most of Colorado has not • yet been inventoried for cultural resources. As a result, there is the possibility that as yet unidentified cultural resources exist within the proposed project area. If you wish to conduct a cultural resources inventory, this survey should be performed by a qualified professional to determine whether additional historic properties are present which may be affected by the undertaking. Our office feels that the area immediately adjacent the Lone Tree Creek drainage basin represents the most culturally sensitive portion of the permit area likely to contain additional unrecorded resources. A list of consultants qualified to perform such an inventory is available on our website at: http://www.historycolorado.org/sites/default/files/files/OAHP/rrforrns edumat/ptifs/1502.pdf. Should human remains be discovered during resource extraction activities the requirements under State law CRS 24-80 part 13 apply and must be followed. HISTORY COLORADO CENTER 1200 13ROADWAY DENVER CO 802.C Thank you for the opportunity to comment. If we may be of further assistance,please contact Mark Tobias,Section 106 Compliance Manager,at (303) 866-4674 or mark.tobiasstate.co.us. state.co.us. Sincerely, 4. Edward C. Nichols State Historic Preservation Officer ECN/MAT 2 ASSIGNMENT AND ASSUMPTION OF LEASES THIS ASSIGNMENT AND ASSUMPTION OF LEASES (this"Assignment") is made and entered into to be effective as of July 12,2011,between RANDY B.LEHR,TRUS FEE,OF THE VICTOR LEHR TESTAMENTARY TRUST ("Assignor"), whose legal address is Rural Route I,Box 98,Texhoma,Oklahoma 73949, and L.G.EVERIST,INCORPORATED,an Iowa corporation("Assignee"),whose legal address is 7321 East 88th Avenue, Suite 200,Henderson, Colorado 80640. Recitals A. On May 24,2011.,Assignor,as seller,and Assignee,as buyer,entered into an Option to Purchase (the "Option") wherein Assignor granted to Assignee an option to purchase certain real property and improvements described therein located in Weld County, Colorado(the"Property"). B. On or about June 17, 2011, pursuant to the terms of the Option,Assignee and Assignor executed a Contract to Buy and Sell Real Estate(the"Purchase Contract")setting forth the terms and conditions for the sale of the Property by Assignor to Assignee. C. Simultaneously with the execution of this Assignment, Assignor has conveyed the Property to Assignee pursuant to the terms and conditions of the Purchase Contract. D. In connection with the conveyance of the Property to Assignee, Assignor and Assignee intend that Assignor assign and transfer to Assignee all of Assignor's right., title and interest in and to those certain leases, agreements and contracts described on Exhibit A attached hereto and incorporated herein by this reference(the"Assigned Agreements"). E. Capitalized terms used herein and not otherwise defined herein shall have the respective meanings given to them in the Purchase Contract. Agreement NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Assignor,the parties hereby agree as follows: 1. Assignment. Assignor hereby assigns, sells, transfers and conveys to Assignee,all right,title and interest of Assignor as landlord in and to the Assigned Agreements. 2. Indemnities;Assumption. (a) Assignor shall indemnify,defend and hold Assignee harmless from all obligations on the part of Assignor arising under the Assigned Agreements prior to the date hereof and from all claims,judgments, injuries,losses,liabilities,costs and expenses (including, without limitation, reasonable attorneys' fees and disbursements)incurred in connection therewith. 107223.00006-1419390.2 (b) Assignee hereby expressly assumes all liabilities and agrees to perform all obligations of Assignor under the Assigned Agreements to be performed from and after the date hereof and shall indemnify,defend and hold Assignor harmless from all obligations on the part of Assignor arising under the Assigned Agreements from and after the date hereof and from all claims, judgments, injuries, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees) incurred in connection therewith. 3. Further Assurances. Assignor hereby covenants that Assignor will, at any time and from time to time upon written request therefor, execute and deliver to Assignee or Assignee's successors, nominees or assigns, such documents as Assignee or its successors, nominees or assigns may reasonably request in order to fully assign and transfer to and vest in Assignee or Assignee's successors,nominees and assigns the Assigned Agreements. 4. Attorneys Fees and Costs. In the event of any litigation or arbitration initiated to enforce the terms of this Assignment, the prevailing party shall be entitled to an award for its reasonable attorneys' fees and expenses and the fees and costs of any experts or consultants engaged in connection with such litigation or arbitration. 5. Governing Law. This Assignment shall be governed by, interpreted under,and construed and enforced in accordance with,the laws of the State of Colorado. 6. Counterparts. This Assignment may be executed in one or more counterparts, each of which shall constitute an original, but all of which, when taken together, shall constitute but one agreement. 7. Successors and Assigns. This Assignment shall bind and inure to Assignor and Assignee and their respective successors and assigns. [Remainder of page intentionally left blank;signatures on following page.] 10;22_3-CCY0)6-1439390.1 IN WITNESS WHEREOF, the parties have executed this Assignment and Assumption of Lease to be effective as of the date first set forth above. A IGNOR: Randy B. Le ,Trustee of the Victor Lehr Testamentary Trust ASSIGNEE: L.G.EVERIST, INCORPORATED, an Iowa corporation By: James A. Sittner,Assistant Secretary Icnz23-00004.14I9390.1 3 • IN WITNESS WHEREOF, the parties have executed this Assignment and Assumption of Lease to be effective as of the date first set forth above. ASSIGNOR: Randy B.Lehr,Trustee of the Victor Lehr Testamentary Trust ASSIGNEE: L.G.EVERIST,INCORPORATED. an Iowa corporation By: Jarn , A.Sittner,Assistant Secretary 107223.00006-1419390.1 3 EXHIBIT A (Attached to and forming a part of the Assignment and Assumption of Leases from Randy B.Lehr,Trustee of the Victor Lehr Testamentary Trust to L.G.Everist,Incorporated) List of Tenant Leases Weld County Use Agreement: Agreement for Use of Soil and/or Gravel for Road Purposes by and between Weld County, Colorado and Assignor as successor-in-interest to June H. Lehr Living Trust,dated December 1,2003. CRPC: Conservation Reserve Program Contract by and between Assignor and the Commodity Credit Corporation,Contract Number 675A,Farm Number 8315,dated as of August 18,2009. 107223-OOOO6-1419390.2 AGREEMENT FOR VSE OF SOIL AND/OR GRAVEL FOR,ROAD PURPOSES THIS AGREEMENT, made and entered into this � day of L b- 2QC L by and between Weld County, Colorado, by and through the Rm►rcl of County Commissioners of the County of Weld, Colorado, hereinafter referred to as "County," and tunic H. Lehr Living Trust hereinafter referred to as"Owner.." WITNESSETH:. WHEREAS, County is in need of soft and/or gravel for the construction of aunty roads, and WHEREAS, Owner owns certain land on which there is soil :uzdlor gravel suitable for use lit construtctien of county roads and which Owner desires to have removed therefrom, and WHEREAS, the parties hereto now d.-sire to enter into this Agrectntcnt to meet thatt individual and inutile!needs. NOW THEREFORE, in consideration of the mutual promises nd covenants co:.taieed herein,the parties hereto agree as follows: I. ((RANT OF RIGHT OF ACCESS TO OW R`S PR.O.PPE.RTY FOR THE t~ E_.MER N: Owner hereby grants to County the right to otter and havc'access-onto the following down bed property situated in Weld County, Colorado, for he putpese of extracting soil ancl' r gravel thearet-otn for use on County's roads :described in Minerals and Geology keclamation Permit #M-83- 213 generally located in pars of the SE t/4 1, TION, R67W of the 6th P.M., Weld County, Colorado, known u the Lehr Ph (hereinafter referred to generally as the "Property.").Thc term rextraation"as used in this Agreerneat"shxell include the removal of sail and or gravel from the Property including the material stockpiled on the property including the right to remove any material stockpiled on the property pursuant to agreements with the O1.t►ncrs predecessors in.interest including June t.ehr and the rune Lehr Living Trust. 2. kOYAL'FY FOR. SOIL AANO\OR GRAVEL .EXTRACTED: C.aunty agrees to pay Owner a royalty of per cubic yard for all soil anchor gravel tra cxcttd and remove Ptarh e property y County during the term of this Agreement. Sut:h royalty is to be paid by the end of the month following the month during which the material was removed. The COUNTY agrees to pay-a flat ice of per year due 'January 34 of each year to hold the lease regardless of the, amount of material to be reinoved on any given year 3, AC"C l3 : Owner agrees to provide land for a haul road and direct access to the work area. County agrees to construct and maintain said haul road in good condition and to obliterate said haul road at the termination of this Agreement if requested by Owner. • t - 4, fiE,55CIA.I.PROV"1S/(*1S COUNTY,will stockpile topsoil and tepiat;tr wateu the mining is completed. COUNTY will be responsible Far keeping cattle within the fence during any period die COUNTY is actively hauling or mining by insulting a temporary cattle guard or gate. 134`Q1 AK -COaS tc r y agrees to keep n t-tante r acrd . of all stu! wati'Lcr gave)reinoved from said deki lb i hinds mid shzt[t, at ail rcoscnahle boles, make said records available to Owner fbr his inspection. vOT1rES: My notice of termination or other demand by Owner or County SheD be madein writing and forwarded by ccrtiffectmail to the fallowing address: OWN OWN:az COUNTY: June fl.Lek Living Trust 'Wed Conotyeablie Works ?rice~ Victor Leer P.O.Bra? XRI,$nx_ 12A Greeley. Co 804 32 Texbiroa,OX 73949 TT Toe o€this Agreement stall be Pram Dc . �. Do the date of exmtttion,to and until five years law. and shall renew autocratically for Additional ono year ppude&*thereafter,unless 5o)mMC terminated in writing by dther pray. gotta of tituination r t he received at least Why days prior to lit staid daft of terminations 8.. j o ASS1t ra This Agreement shall not be assignable without prior written consent of Comity or Owner,whichever Is the.non-assigning-party. I. 4011'EF A'llt s ANT) DREAM This.Amentont eantaitts the entire ttgreetnent and undastandiag between the parties to this .Ikrt:meat mid supersedes my other 31=1112321105 concerning the subject won ter of this transaction. swbet cr oral ar wtit i a orriSa oua,,arnandmuit,r an,rEAVVIStr O1 ether.alwaticei ssf or to this Agrot.ira rt sbiribu rstd valid'or any its melted whatsoever, unless Munn). agreed upon in *M ins bytha ttodeasigaad parties.. No breach of any term* provision, or clause of this Agreement shall be deemed waived or excused, unless such wa:vor or consent shall be in writing or signed-by the party claimed to have waived-or consented. Any cupseni by any party +o, or waiver,aft s beget by any otter party, whether expressed or implied, shalt not constitute a mascot to, waiver of; tats trout rot any +outer afferent cr • sub equest b. L, i.t}. SEITERA)31Ll1 : If any terms or won of this A,hrec,: xit shall be held to be invalid.illegal,or uneni rreeublc,this Agreement shall be conaituied and enforced without such a provi ton ict the extent this Agreement is then capable of elecution within the original intent of the parties hereto. t I. Wa Th1 PA T'Y BE1 f it!ARY (i jC .f: It is expressly understood alai eg red tat erifereement est tlse terns anti.conditions of dds AgrerAtent, old ail riglttc € =lion rclat to such enfore ernes t., shall be strictly relent ut the undersigned parties, and nothing oorttt'it ed in this ABreern%csu shall give or allow ant claim or right of actions .2• whanoever by arty other pe om not included in this Agtectnent. the rip introion of the undersigned parties that any entity other than the undersiped parirec, receiving services of benefits under this Agreement shalt be deemed an Incidental beneficiary only. IN WITNESS WHEREOF,the pries b trot,have signed this Age nen:;lais }' OWNER: .';13/ _ jJ 7n.i' 1 j A I' ` ' ► r �t �, .7+,r;tail► . COI "1"FY; Weld Count44,1 o B ? " '. }. _.,..rr: ;_, rte" ��`� .-.f..�';.� �g Deputy Clerk to :�. ..., rte` E. .O42Charrmans \W'tirmultkriZivBoard ofCounty Co:rui is toners of the a k!.7/aGa; '"'' ' County of Weld State ct lora& yRO. AS TO PO £ounty.Atto y u IttOLTSAgaitafierrettsrfYi-wasa s...no. i+p ttxi ItAle t .�t�r +�S7-0"°sA (-i '"o RESOLUTION RE: APPROVE AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD PURPOSES AND AUTHORIZE CHAIR TO SIGN •JUNE H. LEHR LIVING TRUST 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 adattnistering the affairs of Weld County,Colorado, and WHEREAS,the Board has bee n-presented with an Agreement for Use al Soil and/or Grave r for Road Purposes between the County of Weld,State of Colorado, by and through the 6aerd of County Commissioners of Weld County,on behalf of the Department of Public Works, and the June H..Lettrk3ving Trust,commencing Member 1,2003,with further terms and conditions-being as stated in said agreement, and WHEREAS,afte.rreview,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,Coloiado,fiat the Agreement for Use of Solt and/or Gravel for Road Purposes between the County of Weld,State of Colorado,by and through-the Board of County Commissioners of Weld County,on behalf of the bepartnaent'of Public Works, and the June H. Lehr Living Trust he, 2nd hereby Is. approved. BE 1T FORT.iHER RESOLVED by the Board that the.Chairbe,and hereby Is,authorized to sign said agreori ent. The above and'foregoing.Resolutlonwas,on motion duly made and seconded,adopted by the following vote on the 17th day of December, A.O., 2003. BOARD OF COt.,INTY COMMISSIONERS COUNTY, C ' ORADO rf *"1 ATTEST: Ligh, ,� r, it \ ckI Long Chair Weld County Clerk.t*e • K ..,. 412)).A Fqs BY: Ro art D: • en,Pro Tern �; � :.x. : f� Oeputy.Cterk to the 3'•=�:„l 1441 :J. eile ' D AS O 1Nifliai H. Jer e County AO r y __.... 7pi(/ .�4-eR Glenn Vaad Date of signature: /�7 2003-3416 EG0047 LARGE MAPS AVAILABLE FOR VIEWING AT THE CLERK TO THE BOARD 'S OFFICE , IN THE PUBLIC REVIEW FILE . Hello