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Home My WebLink About20100958.tiff L.G. EVERIST, INC. CORPORATE OFFICE 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 303-289-1348 April 30 , 2010 Weld County Clerk to the Board 915 10th Street Greeley, Colorado 80631 Re: Adequacy Response Firestone Gravel Resource . Permit # M-1996-052 Dear Clerk to the Board : We are delivering to you herewith a copy of the adequacy review comments and permit changes for the amendment of the Firestone Gravel Resource, a Regular (112) Construction Materials permit . This copy of the adequacy review packet should be placed with our original book so it is available for public review. Please acknowledge receipt of this copy of the adequacy packet by signing in the appropriate space provided below and returning it to the person delivering the packet . Thank you for your help . Sincerely, Lynn Shult Regulatory Manager 90-page enclosure ACKNOWLEDGEMENT RECEIVED THIS (� DAY OF J , 2010 �V-ISNk.}`° BY Co t 7 - {amt \v Weld County Clerk to the Board 2010-0958 Fl RE-W ELD-DRMSAdeLtr-toW eldCle rk-2010.doc Epviroeit, IPc. LARRY E.O'BRIAN 7985 VANCE DRIVE,SUITE 205A FOUNDER ARVADA,COLORADO 80003 303.423-7297 FAX 303-423-7599 April 26, 2010 Mr. Eric Scott Division of Reclamation, Mining & Safety 1313 Sherman St . , #215 Denver, CO 80215 RECEIVPP APR 2 7 2UWU Dear Eric; Division of I•cecumatlon, Lining and Safely RE: L.G. Everist, Inc. Firestone Gravel Resource, Permit # M-1996-052 Adequacy Response #1 On behalf of our client L.G. Everist, Inc . , I will respond to your February 2nd, 2010 adequacy review letter in the order and number format presented in that document. Exhibit C-Pre-Mining and Mining Plan Maps(Rule 6.4.3) Please show the locations,construction details, and dimensions(LxWxH)of any structures and founda- tions/pads to be placed on the site as discussed in the mining plan including:conveyor systems, scale, sales buildings,concrete batch and casting plants and asphalt batch plant and all associated supporting features. A Technical Revision will be required at a later date to add any of these structures/features and provide details not specifically included at this time.There will also be bonding implications for the removal of any structures placed on-site. Since resumption of mining is delayed for the next couple of years the planning and location of the support facilities you listed are unknown at this time. The scale and scale house/sales building are shown on these 2 maps, north of the ditch along the west side. In general, the asphalt and concrete batch plants and the casting facility will be north of the scale. The conveyor will be in various locations extending from the existing Plant Site into the mining areas and that will change as mining progresses. We have included the cost to remove any concrete foundations of support structures for the Concrete and Asphalt plants, the processing plant, and Scale/Scale house in the revised bond estimate. The demolition numbers are based on typical foundations found at other sites we have. It is the Division's understanding at this time that topsoil and overburden piles, while not located specifically on the map,will be placed within the setback of the active area(s), located no more than 900 feet from the active mining area,and fully within the permitted area as stated elsewhere in the application. Please confirm. We confirm our plan to located the topsoil and overburden pile as described in the text. Map Exhibit C-1 shows topsoil and ENVIRONMENT, INC. PAGE 2 APRIL 26, 201 0 overburden piles surrounding the active mining area on the east side of Area 5 according to the description. Exhibit D-Mining Plan(Rule 6.4.4) It is the understanding of the Division that this will be a"dry mining-operation which will employ no clay liners or slurry walls to isolate itself from the aquifer,therefore the cells will need to be continuously pumped until they are reclaimed. Yes, they will need to be pumped until reclamation is com- plete. Rebuilding the slopes with compacted overburden and other materials generated at the mine will seal the area as mining progresses . Under the Office of the State Engineer directive these slopes will become a compacted liner that will seal the excavated area. This should reduce the amount of water that needs to be pumped daily during mining. Depth of mining appears to be approximately 35'b.g.s. based on map contours. Is this the anticipated depth to bedrock?What is the underlying strata-shale?Disturbance(unreclaimed area)will be limited to a maximum of 100 acres. Please confirm if this is correct. The average depth from our test holes show the depth to bed- rock is 32 feet but the depth to the water table is 6 feet average. The underlying bedrock is a blue shale that is part of the Laramie Foxhills formation found in this area. The changes to the bonding requirements do not change the maximum disturbed area and it will stay at 100 acres for now. Also please note that temporary cessation is limited to a maximum of two 5 year intervals, and that site maintenance activities (weed control,etc)need to continue on-site even during periods of temporary cessation. Thank you for reminding us of the temporary cessation times and requirements . We will be sure to incorporate weed control on the old plant site as part of the continuing agricultural activities taking place on the permit area. We do not believe it is necessary to post a large bond until just before we come out of temporary cessation Please specify what setbacks will be maintained from the Last Chance Ditch, Sidehill Ditch and the gas/oil well access roads,and confirm that these have been accurately reflected on the site maps. The setbacks as shown on the maps conform with our agreements with the ditch owners and oil and gas facility owners . The scale of the maps make it hard to measure the distances, so for your edification, the minimum setbacks for the ditches are 35 feet each side from the centerline of the ditch (total 70 ' ) , occasionally it is wider because there is a gasline lying along the ditch that increases the setback. Around each gas/oil well we will maintain an 80-foot radius ()4 acre) during mining but during reclamation it will be rebuilt to a 150-foot radius . For the well gas/oil 2" supply lines we used 15 feet either side of the lines' physical location (total 30 ' ) . For the Sinclair line the ROW is 25 feet from the centerline (total 50 ' ) each side. Mining is allowed to begin on the ROW line but in actuality our setbacks vary from 50 to 100 feet wide depending on other structures that run parallel to or near the lines . ENVIRONMENT, INC. PAGE 3 APRIL 26, 2010 Exhibit E•Reclamation Plan(Rule 6.4.5) All information needed to satisfy section 3.1.5(9)items(a)-(f)of the rule concerning the use of off-site and structural fill. The application states that an intent to import inert fill letter and inert material affidavit are included, but these could not be found in the submitted application package. I forgot to include the letter and affidavit in the submittal packet . Attached are 2 copies for the file. Exhibit G-Water Information(Rule 6.4.7) Locate on the map(in Exhibit C)tributary water courses,wells, springs,stock water ponds, reservoirs,and ditches on the affected land and on adjacent lands where such structures may be affected by the proposed operations. All of the Maps contain the water features you have listed as they exist . Please also provide the following information: Are there any wells within 600 feet of the permit area? The exceptions to what I noted above are the water wells within 600 feet of the permit area. Map Exhibit G-1, at- tached, shows all water wells within 600 feet of the proposed lake area (blue cross hatching) as listed in the Office of the State Engineer' s records for this area. Attached to this map are printouts of the information for each well shown. We have shown 2 wells owned by Vogl, which do not show up in the state records and after talking to Mr. Richard Vogl, I found out that they were installed before 1972 and are not registered. We request that this map be accepted as a supplement to the Pre-Mining Plan map as it better shows the water well loca- tions on and around the site. Is any portion of the site within the 100 yr flood plain of the St Vrain Creek? Yes, Attached is an excerpt from the FEMA map for this area. Note that the existing permit area is the only area within the 100 year floodplain for St . Vrain Creek. Where are the existing or proposed groundwater level monitoring points? Please locate on appropriate maps and provide construction details(depth, screened intervals etc.) Currently there are 13 groundwater monitoring points on the property. Their location is show on Map Exhibit G-2 . At- tached to this map is a sketch showing the typical construc- tion details for these wells . The monitoring holes were drilled to bedrock. What is the current static water level and does the permittee already have the required 12 months(and preferably more)of background groundwater level data to establish baseline conditions prior to commenc- ing dewatering? Attached to Map Exhibit G-2 is the groundwater monitoring data collected from each well monthly. Monitoring began on Wells 1 thru 5 in October 2006 and continue monthly. Wells 6 thru 14 were installed in January 2009 so we have a little over a years worth of data. The water table fluctuates on average as much as 6 . 6 feet across the site each year so there is no static water level on the site. In general the average eleva- tion is from a high of 4808 on the south to 4795 on the north. Is there a groundwater level monitoring plan for the site to monitor for potential off-site impacts to the aquifer,establish trigger points for corrective actions, and describe what corrective actions would be implemented? ENVIRONMENT, INC. PAGE 4 APRIL 26, 201 0 Yes, there is a monitoring plan. It is the same as in place now, we will continue to check groundwater levels in the monitoring holes monthly during the life of the mine. Some monitoring wells will be removed during mining but there are enough wells around the perimeter of the site, which will not be disturbed, to provide the information needed. We believe that as the slopes are rebuilt around the mined area the amount of ground water entering the excavated area will be reduced significantly to the point that there will be little ground water drawdown outside the mining area. During the 3 plus years of data we have collected analysis shows that the ground water level varies as much as 8 plus feet from month to month, year to year. The largest average change has been 8 . 06 feet in one month for MW5 . This was when no dewatering was taking place on the site . MW5 is located at the highest point on the mine in the southeast corner. On the lower level the largest fluctuation was in MW6 which usually occurs between August and September, where the average drop is 6 . 16 feet . Because of these highly variable changes, we believe that choosing a set elevation or depth is impractical . It will take a case by case review each month to find any changes that could affect outside the mine area. L.G. Everist, Inc. , proposes implementing corrective actions when groundwater level at the exterior monitoring holes have dropped 5 . O feet or more from the monthly average drop established during monitoring. Corrective actions may include but are not limited to any one or combination of the following actions, halting dewatering; constructing an aquifer recharge trench between the dewatering area and the affected well; supplying water to the affected well owner until the impacts are mitigated, deepening the affected well or drilling a new well . What is the anticipated pumping rate for the site? Our NPDES permit currently allows for 8 .6 Mgd. We estimate the water pumping rates could vary between 1 . 0 Mgd and 8 . 6 Mgd depending on the dewatering needs as mining progresses. Has there been any aquifer drawdown modeling done for this site? There has been no aquifer drawdown modeling done for this site . How will water that is currently captured by the"Seep Ditch" be returned when this ditch is removed?Or will irrigation of these areas cease prior to removing the ditch? It will enter the lake area during mining and be discharged under our NPDES permit . Once the lake is complete it will enter the lake area and be returned to the ground water system via absorption. From what I can tell most of the water in this seep ditch occurs when the ground water raises during irrigation season and the ditch acts as a ground water elevation control ditch. The irrigation on the mine site south of the ditch will be suspended but we suspect some seepage that enters the seep ditch is from up gradient irrigation and leakage from the Sidehill Ditch that subirrigates this area. A previous owner built this private ENVIRONMENT, INC. PAGE 5 APRIL 26, 2010 ditch to intercept and divert the water off the property to avoid having the valuable farm ground to the north becoming marshy areas unsuitable for farming. Submit a brief statement or plan showing how water from dewatering operations or from runoff from disturbed areas,piled material and operating surfaces will be managed to protect against pollution of either surface or groundwater(and,where applicable,control pollution in a manner that is consistent with water quality discharge permits), both during and after the operation. Water from the dewatering operation is pumped into a surface dewatering trench that carries the water to the river. This is done in compliance with our NPDES/Stormwater discharge permit . Water that comes in contact with disturbed area, stockpiles and operation areas is directed into our wash water ponds and will not be discharged off site as described in our Stormwater Management Plan. In addition, isolation berms and ditches may be constructed along the mine's perimeter to keep offsite water from entering the mine or on-site water from leaving it. Any stormwater that contacts disturbed area within the dewatering area commingles with groundwater and is discharged under the approved NPDES permit . Once the site is reclaimed most of the water contacting the site will be retained in the excavated area. Water that does runoff will be from areas that have been returned to their natural conditions and that discharge is not regulated. You must provide an estimate of the project water requirements including flow rates and annual volumes for the development, mining and reclamation phases of the project. The only consumptive use of water now is evaporation off the lake area and our SWSP provides for replacing 19 .2 ac-ft of water. The following table shows the estimated volumes of water needed for this mine in the first year after we resume mining. Acre-feet Excavation Evaporation Dust Total Control 7 .6 19.2 1.0 27 . 8 You must indicate the projected amount from each of the sources of water to supply the project water requirements for the mining operation and reclamation. In the summer, replacement water comes from shares of Rural Ditch owned by L.G. Everist. In winter, the replacement water is purchased from the Varra Companies 112 Pit reservoir. Dewatering water is non consumptive and no replacement water is needed for this activity. Exhibit L-Reclamation Costs(Rule 6.4.12) The reclamation estimate provided in this application is much better than most, however,all information necessary to calculate the costs of reclamation must be submitted and broken down into the various major phases of reclamation. If direct quotes are used for items such as seeding, please provide copies, so that they can be verified and included in the site file.You must provide sufficient information to calculate the cost of reclamation that would be incurred by the state. Please also provide cost estimates for the following items: ENVIRONMENT, INC. PACE 6 APRIL 26, 2010 Attached is a revised Reclamation Cost estimate adding the additional information you requested. This estimate is much higher than originally presented because of the changes re- garding wet mining. In lieu of the slope backfilling we have decided to change the way those slopes are rebuilt so they match Option #3 (clay liner) in the adequacy letter. The cost to compact and test the slopes is not much greater than just placing fill . The material used will be an engineered blend of material available on site in the form of overburden, wash fines and shale. We have also chosen to test the liner as we finish a lake area instead of waiting till the project is done to limit the amount of bond needed. Included is the cost to resoil and revegetate the interior of the lined areas as they may not be filled with water and we have no ability at this time to bond for filling them with water the first time. Pumping costs (State pumping cost is estimated at$300 per acre foot) If the Division' s cost to dewater is truly based on $300 per acre foot no operator in the state would dewater gravel mines . It would cost over $30, 000 to remove the water from an area that is 5 . 0 acres by 20 feet deep. At 6000 gpm it would take 3 .77 days coming to nearly $7955/day. I contacted Rain for Rent in Ft. Lupton and using them to supply a full service, self-contained and serviced pump rig is $5, 000 per month or $166 .60 per day. I realize the Division uses a premium in the estimates, but 4772% is a little hard to believe . Dewatering costs (per appropriate unit time such as day,week, month) The cost estimate is based on a recharge rate of 72, 300 gpd from our approved SWSP and a pumping rate of 6000 gpm at $5000/month for the entire project. Please review the revised Reclamation Cost estimate for more detailed information. Removal of structures included in mining plan such as sales office, scale/scale house, conveyor system, and asphalt and concrete plants;Weed Control Plan Typically we find that when the batch plants and support facilities are installed up to 100 yards of concrete are used in the supports for those structures . This material can be backfilled on site or used as fish habitat on the bottom of the lakes, so we have not included a cost to remove-only demolish and dispose. We have also included a cost for reme- dial work on the section of liner completed but not certified at the 20% rate . The cost to perform weed control on the site currently costs between $4000 and $6000 per year. A copy of the weed control plan is attached. Exhibit S-Permanent Man-made Structures(Rule 6.4.19) It appears that agreements are still required for most structures/utilities within 200'. Please provide evidence that the appropriate agreements have been executed/pursued. Copies of letters and certified mailing receipts will be adequate. L.G. Everist, Inc . , mailed the structure agreements to all owners of structures on or within 200 feet of the permit area on 12/22/09 with the exception of the oil companies . To date we have had 5 returned, copies attached. Copies of the agree- ment letters and mailing receipts that we mailed for the unreturned agreements are attached to prove they were sent. If we receive additional signed agreements we will provide ENVIRONMENT, INC. PAnE 7 APRIL 26, 201 ❑ them to the Division for inclusion in the file. Attached is the structure agreement for the Last Chance and Sidehill ditches that exists at this time. We have surface agreements for the oil/gas facilities that spell out how close we can get to their facilities . The Sinclair pipeline is in the old permit area and was addressed during 1995 . I have included the Sinclair pipeline setback agreement that discusses protec- tion of those lines (page 3 #4) . Additional Information You will also need to provide the Division with proof of notice publication. Publication in the Longmont Times Call started on January 29, 2010 and ends on February 19, 2010 . The public comment period ends on March 11, 2010 . A copy of the return receipt cards for the adjoining landowners are attached for your file. A copy of the Proof of Publication is attached. Any letters from other commenting agencieslentities received by the Division to date have been included with this correspondence for you to review. Office of Archaeology & Historic Preservation - We will follow their suggestions if human remains are found. Office of the State Engineer - L.G. Everist, Inc. understands the requirement for dust control water. LIST OF ATTACHMENTS TO THIS RESPONSE: Exhibit L Reclamation costs(revised) 6-Signed Structure agreements Adjoining Landowner Notice Receipt Sinclair gasline setback agreement Proof of Publication NARCO(EnCana)Owens Bros well agreement Inert Fill Letter and affidavit EnCana Surface use agreement FEMA Floodplain map Water well map(G-1)and O.S.E.data Weed Control Plan Monitoring well map(G-2)&data Proof of mailing of Structure agreements 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 s Stevan L. O'Brian President cc L.G. Everist, Inc. Weld County Clerk file enclosures EXHIBIT L RECLAMATION COSTS (Revised 4/26/10) This reclamation cost estimate in based on the assumption that no more then 100 acres will need some form of reclamation any one time . Of this 100 acres, 5 . 0 would be roads, 25 . 54 acres would be plant site, 19 . 00 acres is silt pond areas and the remaining 50 .46 acres would be stripped or partially reclaimed area. In this estimate we would have to complete backfilling and compacting 4250 linear feet at 47 .41 cyd/linear ft of banks . Since the lined area will not be filled with water the site would be revegetated so one would have to respread 102, 178 cubic yards of topsoil on the disturbed areas, and seed beds; grade and shape 95 acres of seed bed area and revegetate 95 ac . ± . The amount of topsoil that will be re-spread is based on an average of 8 inches . The revegetation cost figure includes fertilizer, grass seed, mulch and drilling costs . We have included the cost to demolish 100 yards of concrete foundations of the Concrete and Asphalt plants, scale/scale house and the processing plant . A 627C Cat motor scraper will be used to resoil the area and a 140G Cat motor grader will be used to shape the seed bed, the resoiled areas and rip the plant site. A D8N Cat dozer will be used to reconstruct the compacted liner on the perimeter of the lake areas . We have included a factor of 20% for the Division to do remedial work on the completed liner if SEO certification is not accomplished. We also rounded the pumping time to the next day and used 72, 300 gal/day as a transmissivity number to figure inflow from the aquifer. These figures are then used in the calculations for the bond amount . The tables below outline the various areas of disturbance at that time. RECLAMATION ACTIVITY AREA(UNITS AC.,LFT,YDS OR PIECES) Mining Plant Settling TOTALS areas site pond area RESOIL(ac) 50.46 25.54 19.00 95.00 REVEGETATE (ac) 50.46 25.54 19.00 95.00 DEWATER (ac) 27.46 7.54 0 35.00 LAKE SLOPE CONSTRUCTION (Lft) 1,600 2650 0 4,250 LAKE SLOPING COMPLETE (Lft) 3,200 0 NA 3,200 LAKE AREA(ac) 27.46 7.54 0 35.00 CONCRETE DEMOLITION (yds) 0 100 0 100.00 ROADS (ac) 2.87 1.27 .86 5.00 1 EXHIBIT L RECLAMATION COSTS (cont). DATA EXPLANATION QUANTITY UNITS Soil depth 8.00 Inches Lake bank sloping complete 3200 Lft Lake bank slope reconstruction 4250 cy/Lft Bank Slope reconstruction time 67.4 days Weed control costs $5.000.00 Per year DEWATERING DATA Description AMOUNT UNITS Area 100%of lake depth 25.00 acres maximum depth 26.00 feet length of 3:1 slopes 5,850 feet length of slopes 1,600 feet Unit volume of water on 3:1 slopes 1,014.00 cft/Lft Unit volume of water on '%:1 slopes 169.00 cft/Lft Gallon conversion factor 7.48 gal/cft Transmissivity# 72,300 gal/day Pump rate minimum 6,000 gpm CALCULATED VOLUMES AND TIMES Slope water volumes 3:1 slope capacity 44,370,612 gal '/2 :1 slope capacity 2,022,592 gal 100% depth 211,835,000 gal Total pumping volume 258,228,204 gal Pumping time Dewater lake 29.89 Days Slope construction time 67.43 Days Recharge factor for inflow during slop- 0.81 Days ing time and Dewatering TOTAL PUMPING TIME* 98.00 Days *NOTE:pumping time rounded to next full day 2 EXHIBIT L RECLAMATION COSTS (contl ESTIMATED UNIT COSTS FOR RECLAMATION ITEMS: Unit Cost 1 . Revegetation includes grass seed mix, mulch and fertilizer and labor to drill $200 . 00/AC. 2 . Re-spreading soil and/or growth media with 627-E Motor Scraper, Haul distance less than 900 . . . 55 . 2 t/YD3 3 . Rip seed bed in plant site, 140G motorgrader . . $50 . 32/ac . 4 . Grade and shape seed beds, 140G motorgrader . $49 .41/ac 5 . Pumping costs includes, full service rental of self contained pump, fuel, maintenance and servicing daily. $166 . 67/day** 6 . Backfill side slopes, D8N Dozer push distance less than 250 feet 63 . 7t/YD3 7 . Demolition & on-site disposal $7 . 00/Yd. 8 . Secondary Revegetation seeding only -. $200 . 00/ac RECLAMATION COSTS 1 . Revegetation, 95.00 ac @ $200.00/ac $19, 000 . 00 2 . Resoiling, 102,178 yd3 x 1.12 @ 55.2 /yd3 63 , 170 . 65 3 . Rip plant site 25.54 ac @ $50.32/ac. 1, 285 . 26 4 . Grading and shaping 95.00 ac. ca $49.41/ac 4, 694 . 41 5 . Dewatering, 98 days @ $166.67/day 16 , 333 . 33 6 . Backfill and compact slopes slopes, 201,493 yd3 x 1.15 @ 63 .7 /yd3 147, 702 . 90 7 . Demolition & on-site disposal 100 yds@ $7.00/Yd. 700 . 00 8 . Secondary revegetation 95.0 ac x 25% x $200.00/ac 4 , 750 . 00 9 . Contingency fund for completed slopes 3200 Liner ft a 47.41 yd/lft * 63.7*/ yd * 20% 19, 341 . 15 10 . Weed control costs 5 , 000 . 00 Net Total $281, 977 . 70 11 . Indirect costs Mobilization 3 , 574 . 14 Insurance, Bond, & Profit 38 , 125 . 39 12 . Administration costs 16 , 005 . 05 TOTAL ESTIMATE $339, 680 . 28 RECOMMEND BOND BE SET AT $340,000.00 Source of figured using, Cat Handbook 438 and rental costs from Means for 83% efficiency, for eastern Colorado ** Estimate for services from Rain for Rent, Ft. Lupton, CO (970) 535-4963 3 • b, 1 a ❑ ❑ kg ❑ o ;a ❑❑ ❑ ❑ 0 1 ^ t3 w ru' Qi).— tin D-n.J • _ - II cc s © 0 o U V1 � ig U o❑O CI ❑@'❑ t. po "' 11 5 3 5 .° S k ? 03. a x rJd M d a x rd d m d Ln E O O 0 t .r. N o S s m m m 1 1 di O a A s = > a M1 E o' E w m E4e6m '� r •O __ NCN' mo mE O n m« TL $._ 44 $9c«�« % mro � $va«« c _, 3• St2.Ba d < NO rn2 {L 'CI e w 0I N N • U g1� m N• Ea S« a .`` > vry _ 2 N-v5« a 0 yC) 'i 2 m• Tx mtm� ^ I1N� l=4c . • _1impC@~CL is !1 L• m y+ V �5si, U G q� rf'H N m LL • ffLLu� 3« 9 00oc F9 op O ca,. .V �,nm 1mG aV TVn ¢ Q 0n a Z (`') vyErc«S-5 � a U C N CP C 0 ■ ■ ■ d o. • • • — ci 0 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete Items 1,2,and 3.Also complete A. Signature Item 4 if Restricted Delivery is desired. 0 Agent ■ Print your name and address on the reverse _x A• ,, ❑Addressee so that we can return the card to you. B. Received by(PM; C.Date of Delivery • Attach this card to the back of the mallplece, .-� or on the front it space permits. M a 1JS ." 'O. IsdelNery from 1 Yes 1. Article Addressed to: If YES, er delivery address below. S o N y► Town of Firestone e9 ci P 0 Box 100 Firestone, CO 80520 J 3. Service iltrernif Map rtc--- — Cl Registered m R for merchandise 0 Insured Mall . . . 4. Restricted DelNer/t(Extra Fee) 0 Yes 2. Article Number 7004 0750 0002 5692 4429 (veneer trom service label) PS Form 3811,Febnlay 2004 Domestic Return Receipt 102595-02-M-1540 O 0 ❑ nom t c ❑ m( )E$ co Cr �LL o . l7 tbtg i 1 o 1 a x m ` d m a o F a x al o 6 ` o 7 ❑ S Er 3 ° O _ O in ~ t § 0 8 m r 1—Vr n a �i a >. L, BE � is �, $' mTE v y@ BEVEL:, m a. o co„ `1 F', o �a °E« x o _ s G o _ ° bo� x T N co ci € cn m g m ° ° V • 1 N o-2 ° E-gl . r' -IS in Ca 12 oi� E£ $ w�� 2 rLlird ° o 54, x ' 2 •$ 3« m rd m1 $ mmi 1 Fc 48 R+� aie crcCI Z'im@@g_ Goo a Cmm� @ r'o� rn •� `�c � 3 u � E � Vt93£« 1 re 3.i i M �t53«r umc � €aE>:£ `= `d i x =tea E . Ea. f o ° E � ao $ € g u- ■ • ■ a 2 ■ • • 'N--------__„_ a a SENeE': C.AA•LETE THIS SECTI eN C e M•LETE THIS SECTLN IN.ELIVE•Y • Complete items 1,2,and 3,Also complete A. Sig eture P Item 4 If Restricted Delivery is desired. O Agent ■ Plfit your name and address on the reverse i X A iii i r � O Addressee so that we can return theca to you.rd e. C. Date of Delivery • Attach this card to the back of the meilpiece, or on the front if space penults. D.Is delivery differerd from Item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: O No Cache Bank and Trust c/o David Thompson P.O. Box 337060 i 3. Greeley, CO 90633 oe e �CedMed Mall ❑Express Mall ❑Registered %Return Receipt for Merchandise O hand Mall O C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7004 0750 0002 5692 4450 (Transfer from seMce labe9 PS Form 3811,February 2004 Domestic Return Receipt 102595-02441540 1, $� g � g 6 :— ■ r- - ❑❑ I O ❑ b M1 U 4,- ,2 n S U - 7 r i I g o ru 1 iu D- II I oo ru G` Z C ` k8II $ ru F a� C & io1• . t L1 aa os � r ❑❑ r` I a m d M v C_ ot.6". d ri e �, E S CI g 0 En _ t` r m o > a .4. m N 8 2 @ ro m 0. rroi uR c o c«£ O a aagyo( $A � oz W aAmm oC �' U, 6m CU V + �l �` yt .., o 1X x g »lf hr+ m N = c m48. c m ii ~ 77w =$ mmn o rt; 3 • xtomTmW'c E 2mNto 0 G5q V ¢ cmL,� L_.um D u m¢ ` tri;am ,yam E i 1rp tY noEmt« ys FP C1 z a9,ab aNO Ili LL p pQE £p�"o spa o w h Z dYKm.Co -_ -. EE co GO ■ ■ ■ d a Lu y ■ ■ ■ CV 0 r SENDER: COMPLETE THIS SECTION COM•LETS THIS SECTION•N•EUVE•V • Complete items 1,2,and 3.Also complete A. Sig hem 4 If Restricted Delivery is desired. X O Agent • Print your name and address on the reverse '• 4tEDE' 4• Addressee so that we can return the card to you. ved by(• tad :, . •e e• Delivery • Attach this card to the back of the malipiece, n r. d or on the front if space permits. t` A ir_ //7/ D. Is delivery • : d Item 17 • 19 1. Ankle Addressed to: If YES,ant delA Aebw: • N CTO� Joseph & Judith Timko O0• 7095 Rd 26 3/4 G. Longmont, CO 80501 3. Service Type V d 9,pen ued Mall y •— 0 Registered ARetum Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7004 0750 0002 5692 4481 (Transfer from service rebel) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 EFig,- .§1U a . 11 s � $ � = s W O fI J- w U i I1 N • Eo r1J z v _ o m O D • • O -a Gti U1 • J 1+ yh ? 1in 1 !.. tm 111 o c x \. ffi a 1 ci 11.10 w , 9 1 o 0 n ( o • ` X,-ai d pi v S E U d X of O vi v, g E o 1 C g 0 N 1 m m 1 n a . > O. § 'ors . gP i - 1E ,, H Hi m in 011€ 02 -0£ o� o m a w Rs � s n O q O 0H m = 9 11 22a M 0 N � OLD � O O N W« N . W«qq > U II N . m w �B� Em o ", mo �BagSm 3 w ✓ m a'• 2 Zre--. i m m55 = v a ❑ mo u• mm . .2 cot}1 • NN ro • e.�-' m v UlmC j Imo«£ d la,-, N CO Tom ££ 1 „AO.1. O z CO E 6< �`2t1c a 'EooW € v4.N€ m ah� a °z• tg a $G8 ' LL rN=a. ma6- .. i 1 u w it ■ ■ d a ■ ■ ■ Di a SENaE" Ca M'LETE THIS SECTLN C.M LETE THIS SECTLN .N.ELIVE•V • Complete Items e,2,end 3.Also complete A. Slgna!Ufc Item 4 if name Deliveryis desired. ),,( ). ^'t O Agent • Print your name and address on the reverse Ci Addressee so that we cell return the card to you. B.`R: _ _.by(Rioted Vamp) C. eel.-ivery IIAttach this card to the back of the mellpiece, IJBS• + L.Je.bs?✓- w 200 b or on the front if space permtts. D.le delivery address different from Item ? ❑Yes 1. Article Addressed to: II YES,enter delivery address below: ❑No Joseph C & Carol J Weber P O Box 72 3. Service lype Golden, Co 80402 iii-earttfled Mall U Express Mail __. — _ El Registered Return Receipt for Merchandise ❑Insured Mall ❑C.O.D. 4. Restricted DelNery7(Extra Fee) ❑Yee 2. Article Number 7004 0750 0002 5692 4511 (Veneer horn service label) _ aemeil PS Form 3811,February 2004 Domestic Return Receipt 10259SU2-e1-1540 I I. , !It f O 1 1 11 k 22 1 ; O ❑ m O I ❑❑ a ❑ ❑ 2 ❑ m s m a i ul w ti ru ; Li _ ti J- at E I ui a ▪ t• 4 Ed ru p 1E0 1 .sD k v g : -u p ul U 9 0 i 211 Ts - 1 ri-I I`� 3 o in 3. ❑ i, vi S' B C fl $$ c p-ii,o m a vi v o E u d X m m M o n. E oa 0- § ❑ ❑ P- p 0 V ry m m N • Faa cti inOc. R. O R. 'iti.m go 8.12 g. 0 O 9va25 oo 0r�o£ .a W aqxr.gs€ s h y " W ,y coN R,1 o y m �C al u0 � � imqp € � o ZS 2b. C Z V m o. N N O Nr >'O g C 8- E0 l! W N • m C 6 w O mum E I Le PF O m - 3 ,Co 4 hi: Pi i «¢ N m v a) w o G i 0.3 t=' E t .-o rnw z 07 mtm 6 3wro 1, z E PI E�c£ cg ,4y.. € E�FESfo a 0K • a 8 oo • ■ ■ d a CO c ■ ■ ■ d a SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete Items 1,2,end 3.Also complete A.Signetula item 4 If Restricted Delivery Is dashed. X ❑Agent • Print your name and address on the reverse �.ylw ❑ re88eB so that we can return the card to you. Eijaeeived by(Printed Nacre) C.Date of Delivery • Attach this card to the back of the maiipiece, or on the front If space permits. 71 AM- /d'ees W D. Is delivery address i� 1. Article Addressed to: a YES,enter del add ❑No 11 2 7 cis Y Tri-State Generation & G s/ O Transmissione 0i°o .,' 1100 West 116th Ave Westminster, CO 80234 3. Service Type la Certified Mail ❑Express Mall O Registered )0 Retum Receipt for Merchandise O Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7004 0750 0002 5692 4542 (Pander from service label) PS Form 3811,February 2004 Domestic Ream Receipt 10259502•AMsw PROOF OF DELIVERY-Adjoining owners February 2,2010 j: t1A $ z° a v1> > r�� > if w o s ¢ m i, o • g Ed N II g a:...-..: nn@ O in O 12J3 Y ,� L . o N 1 ng -3 0 A e 3 ..6 i.,,, il; g F.. .5. • IX1 d •i a 0E d X eg d ei d Ili o Iz,; a o T. .4 CL '�+CA1e o M1 O E 12 S1 • go� Fi lv U 1101 Uyaa ° o1 c — M i'gC=.0...0.▪ �V U U N v v 2 d H ri CO toI .n >� 5..-•. .,.. C�` N�VE N .i , T. 'U ,J� N8twJ 1 'a 11W 3v 2 .r Q ; 3 y a O rt ,-I o, g ;3- OU m a j 3—v' a ,-1 D.�H �--g r Lm a5 • U 1 • U Z mCC Q TYY G ELI J M W Z Ul 2Q e E a X 0 0 .1 C • or • r oi a. us • to • -_ — N R SENDER: COMPLETE THIS SECTION C•M•LETE iHIS sEC*;•N •N ha,VEPV • Complete items 1,2,and 3.Also complete A. Sign Item 4 If Restricted Delivery Is desired. X • Print your name and address on the reverse Addressee so that we can return the card to you. g, by(Pn ted.Nsme) C.Date of Delivery • Attach this card to the back of the mailplece, C � //`_ or on the front If space permits. [�/ B el D. Is delivery address different from Item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No Kerr-McGee Oil & Gas OnShore LP / Wl PO Box 173779 Denver, CO 80217-3779 3 aServicetype r•-• 't0 pi Certified N Mall G O Registered um R r Merchandise ❑Insured Mall .D, 4. Restricted Delivery?(Edna Fee) O Yes 2. Artcle Number 7004 0750 0002 5692 4559 ' menders=service l i PS Form 3811,February 2004 Demeans Return Receipt lozseam-M-tsw i 1 USPS-Track&Confirm http://trkcnfrml.smi.asps.com/PTSlnternetWeb/interl.abellnquiry.do 1�UN,ITEDTE5 Pt��dL w Home I Help I SI�n 1_n !: Track&Confirm ! FAQs Track & Confirm Search Results Label/Receipt Number:7004 0750 0002 5692 4566 .-t .fir Zr •-• ;. = .c Track&Conftnn Class: First-Class Mail ``"""" `' • Service(s): Certified Mail Enter LabeVReceipt Number. .' Status:Delivered Your item was delivered at 1:35 PM on January 29,2010 in ENGLEWOOD,CO 80110. '' " ' Detailed Results: • Delivered, January 29, 2010, 1:35 pm, ENGLEWOOD, CO 80110 • •Acceptance, January 28, 2010, 4:57 pm, DUPONT,CO 80024 Notification Options Track&Confirm by email Get current event information or updates for your item sent to you or others by email. PROOF OF DELIVERY Encana Oil Card was returned without signature or date this proves the letter was delivered to their law firm. 1 of 1 2/2/2010 11:32 AM L.G. Everist, Inc. Firestone Gravel Resource PERMIT#M-1996-052 PROOF OF DELIVERY-Adjoining owners February 2,2010 SENDER: COMPLETE THIS SECT/ON COMPLETE THIS SECTION ON DEL"TRY • Complete Items 1,2,and 3.Also complete A Signature item 4 B Restricted Delivery is desired. O Agent • Print your name end address on the reverse X -...t ez-/t ❑Addressee so that we can return the card to you. B. Received try 2PMn .Date of Delivery • Attach this card to the back of the mallpiece, /�4 M r or on the front if space permits. LT 4,40 D. Is delivery 1. Article Addressed to; If YES,en address below: FEB 01 2010 Last Chance Ditch Company c/o Harold E. Nelson 11955 WCR 15 3 Service Longmont, CO 80501 61 Certified \Osstioriartatati O Registered R't sip erdtandlse O Insured Mall y�� 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7004 0750 0002 5692 4580 (1anarer from service label _ PS Form 3811,February 2004 Domestic Return Receipt to2595-02-M-1540 t LG EVERIST INC. PROOF OF PUBLICATION FRIESTONE GRAVEL RESOURCE - M-1996-052 3/17/2010 AFFIDAVIT OF PUBLICATION TIMEttALL State of Colorado County of Boulder I, the undersigned agent, do solemnly swear that the LONGMONT TIMES-CALL is a daily newspaper printed, in whole or in part, and published in the City of Longmont, County of Boulder, State of Colorado, and which has general PUBLISHED NOTICE OF APPLICATION circulation therein and in parts of Boulder and Weld counties; AMENDMENT FILING FORA REGULAR (112) that said newspaper has been continuously and CONSTRUCTION MATERIALS uninterruptedly published for a period of more than six LAMATION PERMIT . Inc. has months next prior to the first publication of the annexed legal filed anEv application t ' amendment to their Rec- notice of advertisement, that said been er news a has lamation Permit with the newspaper +a+or Mined Lana admitted to the United States mails as second-class matter Reclamation Board um der the provisions of the Colorado Mined Land under the provisions of the Act of March 3, 1879, or any, Reclamation Act for the amendments thereof, and that said newspaper is a daily eaerndnmhenproposed extrac ion of construction stoppson mine is known as newspaper duly qualified for publishing legal notices and Thompson Resource and is located in parts of Sec advertisements within the meaning of the laws of the State of Lion 32.T 3 N.R-67-W,dth Principal Meridian,Weld Colorado; that a copy of each number of said newspaper, in County.Colorado. The proposed date of which said notice of advertisement was published, was commencement for the new area is 2011 and the transmitted by mail or carrier to each of the subscribers of proposed date of comple- tion December 2045. The said newspaper, according to the accustomed mode of proposed future use of the land is ponds and rang land. business in this office. Additional information and the tentative decision date may be obtained The annexed legal notice or advertisement was published from the Division of Ret' lamation. Mining & Safety, 1313 Sherman St., n the regular and entire edition of said daily newspaper once suite 215. Denver, CO 00203(3031 8663567,or at each week, on the same day of each week for the period of 4 the Weld County Clerk and Recorders office,915 eeneeouti+re insertions; and that the first publication of said tenth St., Greeley, Colo- ado 80631, Or the above named applicant. notice was in the issue of said newspaper dated January 29, Comments must be in writing and must be re ceived by the Division of 2010, and that the last publication of said notice was in the Minerals and Geology by 4:00 n.m. on March 11. issue of said newspaper dated February 19,2010. 2010. Please note that cam tments related tor noise. .eruck traffm.hours of op' effects, visual Impacts. _ - effects On property val- ues andother social or "�- - - economic concerns are is- gent sues not Subject to this offices iurlsdiction. These subjeCts and simi lar ones,are typically ad dressed by vpur local governments.rather that Subscribed and sworn to before me this 23rd day of the Division°f Reclama lion. Mininu & Safety or Land Rec Min ed February,2010 in the County of Boulder, State of Colorado. the inBoard. L.G. Everist Henderson.Colorado Published in the Times-i Calf,Longmont.Colorado /'� J� I )1 January 29, February 5. Y'/te�^} lsl 11 IM( Y\/ 12,19,2010 Notary Public My commission expires 12/01/2012 FEE $143.56 JULIA K. STOCKWELL NOTARY PUBLIC STATE OF COLORADO i L.G. EVERIST, INC. CORPORATE OFFICE 300 S.PHILLIPS AVE.•SUITE 200 P.O.BOX 5829 SIOUX FALLS,SD 571175829 PHONE 605-334-5000 FAX 605-334-3656 sua MOUNTAIN DIVISION 7321 E.68TH AVENUE•SUITE 200 HENDERSON.COLORADO 80640 303-287-9606 FAX 303-289-1348 INERT FILL NOTICE (RULE 3.1.5(9)) Firestone Gravel Resource M-1996-052 From time to time over the life of the mine we may import inert materials as defined in Rule 1.1(20), into this mining operation. It will be recycled and sold or used to partially construct the slopes that will be left when mining ends. Some may also be used to backfill portions of the mined area. If courser fill is used it will then be covered with finer material and revegetated where required by the permit. If the material is good dirt we will use it to supplement the topsoil needs for the mined area. Sloping will not be delayed if fill is not available since the fill will supplement material on the site at this time. The exact amount of material to be imported is unknown. We will record the volume imported each year and keep a running total. If needed, the total can be supplied to the Division so that the Division will know how much material was imported and how it was disposed of. Importing fill will begin when operations at this mine resume. We will continue to import inert fill until reclamation is complete or we no longer have a source. No specific compaction rates are proposed for the fill. The material usually available contains smaller pieces of concrete, or dirt mixed with the larger pieces of the same material. This makes it very difficult to achieve a specific compaction rate. While we take no action to reach a specific compaction rate, the way the material is placed tends to compact it. We run heavy equipment over the newly placed inert fill and the material is compacted in that area as a result. Stabilization of this fill material is not a concern because of the limited amount used in the slopes and the way it is placed. What voids do remain are usually under large pieces of material and little settling is possible. No structures will be built on the fill, nor will the depth of the fill be so great as to affect offsite lands if settling occurred. See the following page for the signed and notarized Affidavit. FI RE-DRMS-I nertFiILNotice-March2010.doc L.G• EVERIST, ORPORATE OFFICE INC.• 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 303-289-1348 INERT FILL NOTICE (RULE 3.1.5(9)) Firestone Gravel Resource M-1996-052 State of Colorado ) AFFIDAVIT County of Adams ) Dennis L. Fields, as the Vice President of L.G. Everist, Inc., being first duly sworn, deposes and says that the material to be imported into the mining operation known as the Firestone Gravel Resource will be inert material as defined in Mined Land Reclamation Board rule 1.1(20) listed below. At no time will material that does not meet this definition be imported to this site. M.L.R-B. Rule 1.1(20) "Inert Material"means non-watersoluble and non-putrescible solids together with such minor amounts and types of materials, unless such materials are acid or toxic producing, as will not significantly affect the inert nature of such solids. Terms included,but not limited to, earth, sand, gravel, rock, concrete which has been in a hardened state for at least sixty days, masonry, asphalt paving fragments and other inert solids. Signed By: Dennis L. Fi Ids^ Subscribed and sworn before this // m _day of /`t t 4' ,2010, by DennisDennis L. Fields as Vice President of LG. Everist, Inc. 54 LG . .,r1. .t t.c...2t.4t •,• NtA"qMT., Nota Public (signature and seal) ,y?.: '''•.Ri� 1O/ NOTARY My Commission expires t // 9/,2'7 a ; C8 FIRE-DRMS-I nertFiIINotice-March2010.d oc w 4 a z 1 ®off' p _„ _ g € E rtoE fig I 6 QG go E �4 )<- 5p 82 JI± . a 8E Ba � o '�/\ao aa SEA 4I J sin- ,_ a II €�pu .e — —__-___ Safe„ ernaL =i _.. _. °la,; zz vN. A Eta a O ZS' il ME si dr b4. �b .,Q • M, 1114 J ro 11 ,`\ N NN Nikl‘ �. I � „ I Pagge�p1��o 1 gf Elevation Reference Mark RM7x River Mile •M1.5 *•Referenced to the National Geodetic Vertical Datum of 1929 inn EXPLANATION OF ZONE DESIGNATIONS `� asow o-0 o /ONE_ EXPLANATION iggc MAX 4AatriaFtRMarte A Areas of 100-year flood; base flood elevations and flood hazard factors not determined. AO Areas of 100-year shallow flooding where depths are between one (1) and three(3)feet;average depths or inundation arc shown, but no flood hazard factors are determined. AH Areas of 100-year shallow flooding where depths are between one (1) and three (3) feet; base flood elevations are shown, but no flood hazard factors are determined. AI-A30 Areas of 100-year flood; base flood elevations and flood hazard factors determined. A99. Areas of 100-year flood to he protected by flood ;trot^ction system under construction; base flood , elevations and ftc,,rd hazard factors not determined. • Areas between limits of the 100-year flood and 500- year flood; or certain areas subject to 100-year flood- ing with average depths less than one(1) toot or where the contributing drainage area is less than one square mile;or areas protected by levees from the base flood. 'Medium shading) Areas of minimal flooding.(No shading) • Areas of undetermined, but possible, flood hazards. ✓ Areas of 100-year coastal flood with velocity (wave Firestone Gravel Resource, M-1996-052 WEED CONTROL PLAN WEED CONTROL PLAN Purpose To control and/or eliminate prohibited noxious weed species from the permitted area in order to minimize offsite impacts and help ensure that reclaimed lands will support the approved post mining land use. Applicable Regulation Colorado Construction Materials Rule 3.1.10(6)states, "Methods of weed control shall be employed for all prohibited noxious weed species, and whenever invasion of a reclaimed area by other weed species seriously threatens the continued development of the desired vegetation. Weed control methods shall also be used whenever the inhabitation of the reclaimed area by weeds threaten further spread of serious weed pests to nearby areas." Noxious Weed List All plants considered to be noxious weeds by the State of Colorado and regulated by under the Division of Reclamation, Mining and Safety shall be controlled and or eradicated as is required by the State and/or Weld County. Some weeds recognized by the State as noxious weeds are listed below, however the operator realizes this list may change. Leafy spurge Russian knapweed Hounds tongue Canada thistle Spotted knapweed Hoary cress (White Top) Musk thistle Diffuse knapweed Field bindweed Plumeless thistle Yellow toadflax Salt Cedar/Tamarisk Scotch thistle Dalmatian toadflax Russian Olive Perennial Sowthistle Perennial peperweed Management of Noxious Weeds during Mining and Reclamation The operator shall monitor affected and reclaimed lands for noxious weed infestations. If weed infestation occurs on the permitted land, the operator may consult the state or county weed control agency for additional weed control recommendations. Management of these noxious weed species requires a long-term commitment and usually involves a combination of control methods such as mechanical and chemical for success. The operator will use a combination of methods for weed management on the site, which may include, but is not limited to: Control Methods During Mining - Keep disturbance footprint as small as possible - Disturb only the acreage to be mined in the upcoming field season - Minimize number of roads and equipment storage areas - Reclaim affected areas as soon as possible - Minimize or eliminate wetted soils, create positive drainage at all times - Slope affected areas to facilitate rapid drying of surface soils - Convey water via pipes or other means to prevent wetted soils FI RE-DRMS-WeedControlPlan.wpd Firestone Gravel Resource, M-1996-052 WEED CONTROL PLAN Management of Noxious Weeds during Mining and Reclamation (continued) Control/Management Types - Mechanical - Root plowing, bulldozing, fire, inundation - Chemical - Foliage spraying, cut-stump spraying - Cultural - revegetating affected areas and topsoil stockpiles with approved seed mix - Animal -grazing - Farming -farm land that is not being mined (plowing, growing crops) Control Methods During Reclamation - Contemporaneous reclamation and quick seeding following topsoil placement - Proper soil management-will try to use clean soil that is not infested with weed seeds - Maintain positive drainage - When possible, apply topsoil in the fall and seed immediately after application (helps to avoid high weed growth period) - Spot spray establishing weeds if found during reclamation operations or shortly thereafter Control Methods Following Reclamation - Closely monitor all reclaimed areas for plant establishment success and weed infestations - Reseed any areas of non-establishment in the next available season - Mechanically and chemically control any weed infestations found Estimated Cost of Weed Control $2500 to $5000 per year FIRE-D RM S-W eedControlPlan.wpd L.G. EVERIST, INC. CORPORATE OFFICE 300 S.PHILLIPS AVE.•SUITE 200 P.O.BOX 5829 SIOUX FALLS,SD 57117-5829 PHONE 605-334-5000 FAX 605.3.4-'+856 MOUNTAIN DIVISION 7321 E.88TH AVENUE•SUITE 200 HENDERSON,COLORADO 80640 303-287.9808 December 22, 2009 FAX 303-289-1348 Terrence S& Lisa M Haley 12840 CR 17 Longmont, CO 80504 RE: Damage Reimbursement Agreement L.G. Everist, Inc. -Firestone Gravel Resource, Permit#M-1996-052 Dear Mr. and Mrs. Haley: L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation(MLR)permit to extract construction materials from a tract of land located in Parts of Section 32, T-3-N, R-67-W, 6th P.M., Weld County, Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe Terrence S&Lisa M Haley own the structures listed below. According to the MLR law your signature on this agreement must be notarized. L.G. Everist, Inc. agrees to reimburse Terrence S&Lisa M Haley for any damage done to the structures listed below as a result of the proposed mining operation. Your acknowledging signature and a notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement. Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY: ``��II Terrence S& Lisa M Haley <� �,I'IA/,"'" By Lynn M. Shults Title Regulatory Manager CC: STATE OF Division of Reclamation, Mining &Safety ) ss. COUNTY OF Structure list: The forgoing was acknowledged, subscribed House, garage, barn, shed, wire fences, and sworn to before me, a Notary Public, 3 grain silos this day of By Notary Public My commission� °° expires: � FIRE-StrudureLtrs-Dec2009.doc-via Certified Mail# 7062 �� "C Lt� /b Y27I r9l U.S. Postal Service .. ''a r.. r CERTIFIED MAIL RECEIPT rr j Rl N (Domestic Mail Only. No Insurance Coverage Provided) 1 S a- p O O 0 al J) USE Q 0 0 P010000 $ o o ca «„,,� ,F» 0 O ci Patrick O `` i. ,OO .0D Prm wn�C°k"Reareo) Ran 00 — ti eD eD Netts'Dally Ras o o .cc ) o o bnalow an wa+rW ru :fJ NIL 'Patel Pest.g.I Fsss c G' N i Swam Terrence S& Lisa M Haley r 12840 CR 17 °'Mau""° Longmont, CO 80504 ' ars Ss%ZIP.° , PS Form 3800.A / L.G.Everist,Inc. 7321 East 88th Ave.Ste.200 Henderson CO 80640 U.S.• Postal Service N, CERTIFIED MAIL RECEIPT tV /Domestic flail Only. No Insuance• Cover,Igo Provided) 1 O al c0FFICIAL _ USE ..A Pottage 0 i q L oill 0 Certified Fee 2r N O Retian Receipt Fee �, CO �. ..0 (EndorePoeN rn Required) .. eD Reealoled DelNwy Fee O (FndoreertwnRegulredl Z 2 ill Total Postage&Fees $ C • 0 o Sent TO Terrence S & Lisa M Haley i slnW,Apt NA; 12840 CR 17 orPosoxNo. Longmont, CO 80504 G1$SbN,IW.1 PS Form 3800..A J L.G. EVERIST, INC. CORPORATE OFFICE 114 300 S.PHILLIPS •SUITE 200 P.O.BOX 5829 SIOUX FALLS,SD 57117-5829 SIPHONEXS SD 5 805-334-5000 FM 605-3343656 MOUNTAIN DIVISION 7321 E.88TH AVENUE•SUITE 200 HENDERSON,COLORADO 80640 303-287-9606 December 22, 2009 FAX 303-289-1348 Joseph C &Carol J Weber P O Box 72 Golden, CO 80402 RE: Damage Reimbursement Agreement L.G. Everist,Inc.-Firestone Gravel Resource, Permit#M-1996-052 Dear Mr. and Mrs.Weber: L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation (MLR)permit to extract construction materials from a tract of land located in Parts of Section 32, T-3-N, R-67-W,6th P.M., Weld County, Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe Joseph C&Carol J Weber own the structures listed below. According to the MLR law your signature on this agreement must be notarized. L.G. Everist, Inc. agrees to reimburse Joseph C&Carol J Weber for any damage done to the structures listed below as a result of the proposed mining operation. Your acknowledging signature and a notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement. Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY: Joseph C &Carol J Weber Z/114 By Lynn M. Shults Title Regulatory Manager CC. STATE OF Division of Reclamation, Mining & Safety ) ss• COUNTY OF Structure list: The forgoing was acknowledged, subscribed Cemetery, wire fence and sworn to before me, a Notary Public, this day of By Notary Public �7 My commission� � exppi�re`s:�r�p FIRE-Slructureltrs-Dec2009.doc-via Certified Mail# L 0,Z wo" � ✓O V� ce 1 U.S.Postal Service t^ o-• o-. CERTIFIED MAIL RECEIPT NN N (Domestic Mad Only: No Insurance Coverage Provided) y S 7 O ( O O E r-=- eaOFFICIAL USE ra rat• •g ra u..4O O p O z° 0 0 Certified F« O Pont — Realm Re:elpt Fee Isla= CI peknomentRacts" Hers • "0 ~`-;1� CI sU risetkied Dike,F.e O 5'CC O O (Endorsement Requited) ==�CW] rm N N and Puetwe•Fon N - O ' insoS o o Benin O N t` Joseph C &Carol J Weber ser..t Aw.t+•.; P O Box 72 I or PC Sox No. Golden, CO 80402 City,Slab,ZIP+ P F•rm3800.A L.G. Everist,Inc. 7321 Fast 88th Ave. Ste. 200 Henderson CO 80840 U.S. Postal Service 11 CERTIFIED MAIL RECEIPT N (Domestic Mail Only: No Insurance Coverage Provided) O 99 m F.. i es Y ., L U :7E rg •,0 Postage $ Certified Fe. 2..„ t f O Lbnerk G Return Receipt Fee TOH� (Endorsement Requred) Ci Restricted Delivery Fee /1 A o (Endorsement Required) N Total Poetaae a Fees $o r sent to Joseph C &Carol J Weber SNeet,Apt.NO.; P O Box 72 or yo Sex N., Golden, CO80402 City,State,ZIP.4 PS Form 3800,A L.G. EVERIST, INC. CORPORATE OFFICE 300 S.PHILLIPS AVE.•SURE 200 P.O.BOX 5829 SIOUX N 805-3,SD 57117.5829 114. PHONE FAX 805.3343856 MOUNTAIN DIVISION 7321 E.BETH AVENUE•SUITE 200 HENDERSON,COLORADO 80640 303-287-9806 January 14, 2009 FAX 303-289-13443 Cache Bank&Trust Go David Thompson PO Box 337060 Greeley, CO 80633 RE: Damage Reimbursement Agreement L.G.Everist, Inc.-Firestone Gravel Resource Permit#M-1996-052 Dear Mr. Thompson: L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation (MLR)permit to extract construction materials from a tract of land located in Parts of Section 32, T-3-N, R-67-W, 6th P.M., Weld County, Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe Cache Bank&Trust owns the structures listed below,which were previously owned by Lionshead Development LLC. According to the MLR law your signature on this agreement must be notarized. L.G. Everist, Inc. agrees to reimburse Cache Bank&Trust for any damage done to the structures listed below as a result of the proposed mining operation. Your acknowledging signature and a notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement. Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY: Cache Bank&Trust aget,t4 By Lynn M. Shults Title Regulatory Manager STATE OF _ ) ss. CC: COUNTY OF Division of Reclamation, Mining&Safety The forgoing was acknowledged, subscribed and sworn to before me, a Notary Public, Structure list this day of , House, block building,wire fence (Previous Owner listed as By . Lionshead Development LLC, 729 Main Street Windsor, CO 80550) Notary Public My commission expires: FIRE-StructureLtrs-CacheBank-011410-via Certified Mail#7006 2150 0003 6779 7217 cn 1 t • O o 0 I._ m _ �� 'Y r �i�cNno LL1 0 f ��,, ♦ 0 ,'�M"o 111 .:,, i° ill i O 5,il CC q iozo LL ct 0 aza� w 5 y 0 y, j a O a To To LU . iii. E 1 I@ i 1 '`((!l\��Q 111 , N 3 O, • CV 0° Dr" F.. H 0 22 E �C i at 1' t' y air ici yI r dp ..+� �yy u1 W o - ' �, i7 i� U �? LL w � ;'r 1- Cpl L'[2L 6LL9 E000 05T2 9004 II in 2 O M G. CO II C H q ` i_a. m a mU al ; �-! - OR co N � f v U v " J m o o LL1 - 4 U b CI C9 CL c .2az ≥ U . N r•- _ ! w a G m % . (noo •5 III III ' \.141 ui w e a : Ufl 1 LL " =i - o - o 4t2L 6LL9 E000 0512 9004 ! N LC2L 6449 E000 Q542 9004 r o (0 IIIIIIIIIIIIM 11 OD z4O coFO ''71UW 0l1.111H33 N IN Odll]D:V 010355]CDCr X e1,Oe 31u 10--•--••• J�2 LNDIU]Ml onJaipN3]o eouv a3MJus 30ra Lt24 6449 E000 0ST2 900L L.G. EVERIST, INC. CORPORATE OFFICE I 300 S.PHILLIPS E •SUITE 200 P.O.BOX 5829 PIO 605--0533,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 January 27, 2010 FAX 303-289-1348 Richard James&Johnny Edward Vogl 7489 Weld County Road 24 Longmont, CO 80504 RE: Damage Reimbursement Agreement L.G. Everist, Inc.-Firestone Gravel Resource, Permit#M-1996-052 Dear Messrs Vogl: L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation (MLR)permit to extract construction materials from a tract of land located in Parts of Section 32, T-3-N, R-67-W, 6th P.M., Weld County, Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe Richard James&Johnny Edward Vogl own the structures listed below. According to the MLR law your signature on this agreement must be notarized. L.G. Everist, Inc. agrees to reimburse Richard James&Johnny Edward Vogl for any damage done to the structures listed below as a result of the proposed mining operation. Your acknowledging signature and a notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement. Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY: � Richard James&Johnny Edward Vogl �SIM By Lynn M. Shults Title Regulatory Manager CC: STATE OF Division of Reclamation, Mining &Safety ) Ss. COUNTY OF Structure list: The forgoing was acknowledged, subscribed House, 3 sheds, barn, fences and sworn to before me, a Notary Public, this day of For following address: 7250 County Road 26 By • Longmont, CO 80504 Notary Public My commission nn eCexpires: FIRE-StructureLtrs-Vogl-012710.doc-via Certified Mail# 7�5-0Z u+L"' Vwb 13&ta T,63 1 . cot"' O . ti O V @ p �.. e ; k� — } • OOO in' 2. I �� ' i el O m • . �NNo M m c aoQ I• C �it, I <up W CIVI �� 1 ill 10�U C l \V . + i 'N m ' -1 -ac4 N til�a,y 0 au. � 2 N o g a a - N \N i °a/RJtI o o I 6l- E El N I O $g j E � a. wI �-' 4 4a a DESK 0992 9000 0990 200L S E RI vQ W N a� C• 1 °, R C .g h i E 0) E 0 O) rn ___9 U Tr S%a ; t W D' vi Wo ® • - N cc2 cfflf N I • aa ....,. « yr 1 Ari ,!a z u. i a 11. a$• 4 am-i . w u 4 Ey e�fE qC ( CI j CL NW 4 v.. r ° Gi N DESK 0991 9000 0990 200L v50 a. 0ESh 0944 9000 0990 200L ui$ > co za0 ill , 111111 1 Ill I ill III - iU CFO FE „D a°• 7INW 031d11O3i1° d N w n = iIDItl3I1 D13.'D,3PNJ JO JO1 lC tlMJ 311133V1d • J 0ESh 0991 9000 0990 200L EVERIST, INC. CORPORATE. OFFICE 300 S.PHILLIPS AVE.•SUITE 200 P.O.BOX 5829 SIOUX FALLS,457117-5829 PHONE X605-34-605-334-5000 5 FAX 605-334-3656 MOUNTAIN DIVISION 7321 E.88TH AVENUE•SUITE 200 HENDERSON,COLORADO 80640 303-287-9606 December 22,2009 FAX 303-289-1348 H & J Property LLC Attn: Harold E. & LaVern J. Nelson 11955 CR 15 Longmont, CO 80504 RE: Damage Reimbursement Agreement L.G.Everist, Inc.-Firestone Gravel Resource,Permit#M-1996-052 Dear Mr. and Mrs. Nelson: L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation(MLR)permit to extract construction materials from a tract of land located in Parts of Section 32, T-3-N, R-67-W,6th P.M., Weld County, Colorado. istructures within 200 requires thepermit applicant to agree to reimburse the owner of any State MLR law h pp g feet of the mining area for damage done to the structures as a result of the permitted operation. We believe H & J Property LLC own the structures listed below. According to the MLR law your signature on this agreement must be notarized. L.G. Everist, Inc. agrees to reimburse H&J Property LLC for any damage done to the structures listed below as a result of the proposed mining operation. Your acknowledging signature and a notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY: H &J Property LLC 11/49 / By Lynn M. Shults Title Regulatory Manager STATE OF cc: ) ss. Division of Reclamation, Mining& Safety COUNTY OF The forgoing was acknowledged, subscribed Structure list: and sworn to before me, a Notary Public, House,wire fences this day of By Notary Public My commission expires: � c� FIRE-StrudureLirs-Dec2009.doc-via Certified Mail 7# CCI w� or� 11( 4'3` $ In in u) U.S.Fostal Service m I to ns CERTIFIED MAIL RECEIPT m m-m (Domestic Mku!Only; No Insurance Coverage Provided) :=- .0 .0 OFFICIAL F F I C I A L USE Postage $ CI =;cam c o c.wad Pee a -„;� o 0 '4" ear 1 ti sO W Resb4.W Delivery Fee Hp - eC o O (Endorsement Required)—! nj ,, i U N N TOMPO**.Poe A Pon $ 0 oi moms O O C C M1 Sent TO H&J Property LLC g6ea.1pe Attn: Harold E. & LaVern J. Nelson .."OeN4 11955 CR 15 ,:j. Longmont, CO 80504 . PS Form 3800, L.G.Everist,Inc. 7321 East 88th Ave.Ste. ZOO Henderson CO 80840 • • U S. Postal Service ill to CERTIFIED MAIL RECEIPT m (Domestic Mad Only:No Insurance Coverage Provided) a- 0 ee C ge ra /etPostage $ , tt CI i y � Certified Fee rc2rbigawReim Paoelpt Fee0 (Endorwnent RegolrtGt�co Restricted Doling Fee __ \• in IEndonement Required) � Nr�l 1 2- RI Total Postage a Fees $ O o Sent To H &J Property LLC o .Apt.No., Attn: Harold E. & LaVern J. Nelson or PO Po gge No. 11955 CR 15 City,SIN,ZIP. Longmont, CO 80504 PS Form 3800. L.%3• EVERIST, INC. CORPORATE OFFICE 300 S.PHILLIPS E •SUITE 200 P.O.BOX 5829 - _ SIOUX FALLS,SD 57117-5829 rrr■•!«"++��\_-�'•••' PHONE 5-3343000 FAX 605.3 605.334-3658 MOUNTAIN DIVISION 7321 E.88TH AVENUE•SUITE 200 HENDERSON,COLORADO 80640 303-287-9606 December 22, 2009 FAX 303-289-1348 Weld County Commissioners 915 10th St. Greeley, CO 80632 RE: Damage Reimbursement Agreement L.G.Everist, Inc.-Firestone Gravel Resource, Permit#M-1996-052 Dear Commissioners: L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation (MLR)permit to extract construction materials from a tract of land located in Parts of Section 32, T-3-N, R-67-W,6th P.M., Weld County, Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe Weld County owns the structures listed below. According to the MLR law your signature on this agreement must be notarized. L.G. Everist, Inc. agrees to reimburse Weld County for any damage done to the structures listed below as a result of the proposed mining operation. Your acknowledging signature and a notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement. Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely,lyy (/�`` ACKNOWLEDGED BY: Weld County MOW" ' By Lynn M. Shults Title Regulatory Manager CC: STATE OF Division of Reclamation, Mining&Safety ) as. COUNTY OF Structure list: The forgoing was acknowledged, subscribed County Roads 15, 17, 26, &26.75 and sworn to before me, a Notary Public, this day of By Notary Public Rn My commission expires: " `/p, FIRE-StructureLtrs-Dec2009.doc-via Certified Mail# 70v2. Okra) �(o tatIO �7 [ D., U.5. Postal Scrv¢e r z, z- CERTIFIED MAIL RECEIPT m !� T1 l� . T m IOme5 rrC Wm)Only Flo Insurance Coverage P�evrdetl, 7 7- 7 O O O co ;2lOFFICIAL USE rq aa Q no O ; Gantt Fe. D Da pa.Ytrk D O iness. _a O.O (anewwm.Y M�Reset 0 km .L III D so ti m .o R. rCh M o D. y Fos 0 _ tC O O (EMarnsni ReouYw9 Its-Iru C7 • N N Thiel Poetics nom $ 0 ..� • 0 o ianrro D N N Weld County Commissioners "u$ 91510th St. ai`m:aa Greeley, CO 80632 PS Fonr 3300. L.G.Everist,Inc. 7321 East 88th Ave.Ste.200 Henderson CO 80640 Q, U.S.Postal Service �. CERTIFIED MAIL RECEIPT Rl (Dornest c Mail Only. No Insurance Coveidgr Provided' S CI 4OFFICIALIISE .n Postage' $ 00 C.rtlBW Fee . j-��^ O Return Receipt Fee L ..D (Endorsement Resufl ICI Roulet Whey Fes • p €ntla.Mwn R.q '4 r,.�)o ! e•� ru Thiel posa.*P... $ a o Sent DJ Weld County Commissioners sine,•a No. 915 10th St. "-�� Greeley, CO 80632 ap;sw.;np: PS Form 3800, L.G. LiVERIST, INC. CORPORATE OFFICE 114 S.PHILLIPS •SURE 200 P.O.BOX 5829 SIOUX FALLS,4-557117-5829 685-334-5000 PHONES571 FAX 605-334-3656 MOUNTAIN DIVISION 7321 E.88TH AVENUE•SURE 200 HENDERSON,COLORADO 80640 303-287-9606 December 22, 2009 FAX 303-289-1348 United Power Attn: Bill Meier 500 Cooperative Way Brighton, CO 80603 RE: Damage Reimbursement Agreement L.G.Everist,Inc.-Firestone Gravel Resource, Permit#M-1996-052 Dear Mr. Meier: L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation(MLR)permit to extract construction materials from a tract of land located in Parts of Section 32, T-3-N, R-67-W, 6th P.M., Weld County, Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe United Power owns the structures listed below. According to the MLR law your signature on this agreement must be notarized. L.G. Everist, Inc. agrees to reimburse United Power for any damage done to the structures listed below as a result of the proposed mining operation. Your acknowledging signature and a notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement. Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY: ifi ,/ United Power �� By Lynn M. Shults Title Regulatory Manager STATE OF CC: ) ss. Division of Reclamation, Mining & Safety COUNTY OF The forgoing was acknowledged, subscribed Structure list: and sworn to before me, a Notary Public, Power lines this day of , By Notary Public My commission expires: b FIRE-StructureLlrs-Dec2009,doc-via Certified Mail ft 700Z. 1p(po OOc(p I C 9357a • U.S. Postal S. rvcu to in CERTIFIED MAIL RECEIPT m m (Don-lest(' /.'_W OR/y No Insurance Cover 37L Prw!dra, 7 S = cmQFFICIAL USE i ' a _n .A Poster o %¢ — oG O CI CI Certified Fee a LL, O ISE lEoAeran•RtR Ante mmi Here F. e0 C oeehlobd Delray Fee Etc Coo.o Reared ru ru rota Poste.&Few $ o �'� o'o swum— United Power c. t` t` Attn: Bill Meier roe s.." 500 Cooperative Way -;y ;; Brighton, CO 80603 PS Form 3800, J L.G. Everist, Inc. 7321 East 88th Ave.Ste.200 Henderson CO 80640 U.S. Postal SCrv/Ce —a CERTIFIED MAIL RECEIPT In (Domestic !elan only: No Insurance Uueri,,yt Pru,inert, ZOFFICIA L U S E a .A Postage 2 • � O Certified Fe* O Return o (EndorsementReaPFee a C31bC nORmtrietd De:wry Fee b CI (Edaeenent Required) Tout Postage•Fo l $ , N Lit v o Sent To United Power t• Attn: Bill Meier s a's`'n"o" 500 Cooperative Way City,state,Zip.r Brighton, CO 80603 PS Form 3800, J L.G. EVERIST, INC. CORPORATE OFFICE 3005.PHILLIPS AVE.•SUITE 200 P.O.BOX 5829 SIOUX FALLS,SD 571175829 PHONE 605-334-5000 FAX 605-334-3656 MOUNTAIN DIVISION 7321 E.88TH AVENUE•SUITE 200 HENDERSON,COLORADO 80640 303-287-9606 December 22,2009 FAX 303-289-1348 Qwest Communications Attn: Right-Of-Way Department 1801 California Denver, CO 80202 RE: Damage Reimbursement Agreement L.G. Everist, Inc.-Firestone Gravel Resource, Permit#M-1996-052 Dear Right-Of-Way Department: L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation(MLR)permit to extract construction materials from a tract of land located in Parts of Section 32, T-3-N, R-67-W,6th P.M., Weld County, Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe Qwest Communications owns the structures listed below. According to the MLR law your signature on this agreement must be notarized. L.G. Everist, Inc. agrees to reimburse Qwest Communications for any damage done to the structures listed below as a result of the proposed mining operation. Your acknowledging signature and a notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement. Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, {f//]� ACKNOWLEDGED BY: ��V Qwest Communications By Lynn M. Shults Title Regulatory Manager STATE OF CC: ss Division of Reclamation, Mining & Safety COUNTY OF The forgoing was acknowledged, subscribed Structure list: and sworn to before me, a Notary Public, Telephone lines this day of , By • Notary Public 7hn My commission expires: FIRE-StructureLtrs-Dec2009,doc-via Certified Mail# 7O0?- Qom' 00:K0 Er° din ,3 U.S.Postal Service CERTIFIED MAIL RECEIPT m �� (f1 m (Doniestm f laii Onl): fin lnsura non Covcr.lge Pr ovidcdI rn — 7 S 0. � � OFFICIAL USE �. O -_ J .p •,p post.. i G _ CZ �m. m• 0 0 �— 0 0 Certified Fe* s O i - 0 0 Pesknrk P.a.4tP�NN AHen 0 - - .21 �idw�r^rtB _u � _ m Pkkl ee .a 6]IYmyF.e 0 0 (EndorsementPs4iw9 C U ��MEIPINIE rU ru Total Pedigo&Few $ o �� o o Qwest Communications tree f` '` Attn: Right-Of-Way Department • wrotamtl.. 1801 California a: Di. Denver, CO 80202 -s Fern;aCr O. _ { L.G.Eveidst,Inc. PU1&st08thAve.Ste.200 Hades CO 80640 U.S. Postal Service .MI o CERTIFIED MAIL RECEIPT ru IDornestiC rind Only_ No Insurance Cover age Pt ooidodi S O ca r t t.s s .A. L U 11:: e,'_r-q.n Postage $ 0 ti O Certified Fee 2—6 l°I WW� Return Receipt Fee (1) CI .tigN/ (Endorsement Requirel) co Pndasred at Re Fee 9, 0 (E=ncarsrm^t Rewind) -} •� ru Total fJ Postage $ . ad 0 o .nt o Qwest Communications r- Attn: Right-Of-Way Department orPoao`No 1801 California air,Stott DP Denver, CO 80202 L.G. EVERIST, INC. CORPORATE OFFICE 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 December 22, 2009 FAX 303-289-1348 Tri-State Generation &Transmission 1100 West 116th Ave Westminster, CO 80234 RE: Damage Reimbursement Agreement L.G. Everist, Inc. -Firestone Gravel Resource, Permit#M-1996.052 To whom it may concern: L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation(MLR)permit to extract construction materials from a tract of land located in Parts of Section 32, T-3-N, R-67-W, 6th P.M., Weld County, Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe Tri-State Generation&Transmission owns the structures listed below. According to the MLR law your signature on this agreement must be notarized. L.G. Everist, Inc. agrees to reimburse Tri-State Generation&Transmission for any damage done to the structures listed below as a result of the proposed mining operation. Your acknowledging signature and a notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY: �� I/J ��,/�(� Tri-State Generation&Transmission ��I`teJ'"� -'t-7 By Lynn M. Shults Title Regulatory Manager CC: STATE OF ) Division of Reclamation, Mining & Safety ) ss. COUNTY OF Structure list: The forgoing was acknowledged, subscribed Underground power line and sworn to before me, a Notary Public, this day of By . Notary Public My commission expires: FIRE-StructureLtrs-Dec2009.doc-via Certified Mail ft L-7C0 Z lM too tO 4/370 U.S. Postal 5er ice p ° ° CERTIFIED MAIL RECEIPT M1 �� m T T (Domestic Mad Only: No Insurance Coverage Providodl S S S p ? p p —— fOZOFF ! CIAL USE go � m � a ri ' I yy CI ¢ p p 0 C.rt l&Fes Z. POSInek L. 14.1 ? Return Nor Fol It S .0 ell p`l3 ti m w R..xictedR my Fee W p p endorsement Riming ru U ru ru MS FAO.R F... $ ,3.2. p:In o iii �'N ' TriState Generation &Transmission iiiiiTh 1a 1100 West 116th Ave I a°°l°°"'° Westminster, CO 80234 L.G.Everist.Inc. 7321 East 88th Ave.Ste. 200 Henderson CO 80840 i U.S. Postal Sermco p M1 CERTIFIED MAIL RECEIPT T (Domestic Mot Only: NO ln6ur2nci- Cot t-••4-• P:oudrd) fl- 0 � FICII A L E -n PON.ps $ • p pO Certified F.. t� •� 0 Return Receipt Fee (trek (Endorsement Requires) co Restricted Detsery Fes Im (Endorsement(equine) N TOS Posts•Few $ jz O p - nto r` Tri-State Generation & Transmission r> r+e" 1100 West 116th Ave or PO Box No. -------------•-- Westminster, CO 80234 64,,Stab,ZIP; $Form 3suo. 1 L.G. EVERIST TM I CORPORATE OFFICE 300 S. I�pS AVE.•SUITE 200 P.O BOX SIOUX FALLS, PHONE 605-FALLS,,SD 00 5 57171 FAX 605-334-3658 MOUNTAIN DIVISION 7321 E.88TH AVENUE•SUITE 200 HENDERSON,COLORADO 80640 303-287-9608 December 22, 2009 FAX 303-289-1348 Last Chance Ditch Company Attn: Harold E. Nelson 11955 WCR 15 Longmont, CO 80501 RE: Damage Reimbursement Agreement L.G.Everist, Inc.-Firestone Gravel Resource,Permit#M-1996-052 Dear Mr. Nelson: L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation (MLR)permit to extract construction materials from a tract of land located in Parts of Section 32, T-3-N, R-67-W,6th P.M., Weld County, Colorado. • State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe Last Chance Ditch Company owns the structures listed below. According to the MLR law your signature on this agreement must be notarized. L.G. Everist, Inc. agrees to reimburse Last Chance Ditch Company for any damage done to the structures listed below as a result of the proposed mining operation. Your acknowledging signature and a notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY: Last Chance Ditch Company By Lynn M. Shults Title Regulatory Manager cc: Division of Reclamation, Mining&Safety STATE OF ss. COUNTY OF Structure list: 2-irrigation ditches(Last Chance, Side Hill) The forgoing was acknowledged, subscribed and sworn to before me, a Notary Public, this _ day of By Notary Public My commission� expipr-es: FIRE•StrudureLtrs•Dec2009.doc-via Certified Mail# 7002. pa 0oO(c 1.Oli7 us Pr,1. S. Vi: � N eO CERTtFIED MAIL RECEIPT ea ,: ' : OFFICIAL USE 03 Kees $ Q O O o o o COMMR» O o Peal.k o c r.Rgt m R.. J3 —C m m pnooa.yr.. G CC - Th P0+w•a P— $ al ' c,) 0 o Last Chance Ditch Company C :.- oo seta o - 1 1----"--- N r- Attn: Harold E. Nelson ruooicirerr 11955 WCR 15 °r P°Ala N. = Longmont, CO 80501 o.n tit.a I L.G.Everist,Inc. 7321 Bast 88th Ave.Ste. 200 • Henderson CO 80840 N to CERTIFIED MAIL RECEIPT m loo, <_r,c r.;.,.. r • r,. s O ie OFFICIAL U S E •d PS $ in ocortMed Fee .I I .' c, a (Endweennnt ci Return IRepube$ C+■Fee f �+ $13 Restricted G Delivery Fie nt Required)_l�� WM -1 N f.� o nj law Pap.aP— $ Q o sent to Last Chance Dit e r Attn: Harold E. Nelso sow Art k 11955 WCR 15 e.PO Box Na Longmont, CO 80501 PS Form 3801 Lit LAWQNkr ITCH Acireement 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 AG EtD: i 6. (Dwens Brothers Concrete Co. - Title) aunE l4, t elcib Date NOTARY State of Colorado City, County of A D,4 m S The foregoing was acknowledged before me on this ly -[ H day of rtt n r` , AD, 1996 By My commission expires: 10. a `7A 7 Notary Public: iksiri.,U t.1(3-5.4,14-; AGREED: J' ms s* I 44 - %L1 Jet1 Date Notary State of Colorado J City, County of eir, .S?Hi A . The foregoing was acknowledged before me on this Le Day of cc s w , AD, 1996 By PA -12-QC! �.R tilt-) My commission expir s: __ + __ l rpl6BAVletli 7M Notary Public:( d-st' oktk ' INDUSTRIAL REALTY ASSET MANAGEMENT, LTD. Real Estate Services far 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 B.GESSO 1475 West 56 Ave.,Suite 216 • Lakewood,00 80226 • Office M3)2744271 • Home(303)237-1050 • Mee(303)888-7926 •fax(303)2744277 the standard agreement firm signed by Owens Brothers Concrete Company for Last Chance Ditch Company approval and signature. Please return this form to me after 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 L.G. EVERIST, INC. CORPORATE OFFICE 300 S.PHILLIPS AVE.•SUITE 200 P.O.BOX 5829 SIOUX FALLS.SO 5711 7-5 829 PHONE 605-334-5000 FAX 605-334-3656 MOUNTAIN DIVISION 7321 E.88TH AVENUE•SUITE 200 HENDERSON.COLORADO 80640 303-287-9606 December 22, 2009 FAX 303-289-1348 Joseph, Jr. &Judith Timko 7095 CR 26.75 Longmont, CO 80504 RE: Damage Reimbursement Agreement L.G. Everist, Inc.-Firestone Gravel Resource, Permit#M-1996-052 Dear Mr. and Mrs. Timko: L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation (MLR) permit to extract construction materials from a tract of land located in Parts of Section 32, T-3-N, R-67-W, 6th P.M., Weld County, Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe Joseph, Jr. &Judith Timko own the structures listed below. According to the MLR law your signature on this agreement must be notarized. L.G. Everist, Inc. agrees to reimburse Joseph, Jr. &Judith Timko for any damage done to the structures listed below as a result of the proposed mining operation. Your acknowledging signature and a notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement. Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY: Josep Jr. &J di T' kc� Lynn M. Shults Title Regulatory Manager col STATE OF CLICOtib Division of Reclamation, Mining & Safety ) ss. COUNTY OF Py�IdeY ) Structure list The forgoing was acknowledged, subscribed 2 Houses, fences and sworn to before me, a Notary Public, this //t)'�"1 day of r i^fk?(t,CrJIJ By 91/{11 1 fivitrARAL . JENNIFER BITTERMAN NOTARY PUBLIC Notary Public STATE OF COLORADO My commission expires: gigt4fv MY Commieellon Expires:October 20.2010 FIRE-StructureLtrs-Dec2009.doc-via Certified Mail# 70'2 ° toot, ij10 1/40y L.G. EVERIST, INC. CORPORATE OFFICE FO C S.PHILLIPS E •SUITE200 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 303-287-9808 December 22, 2009 FAX 303-289-1348 Pasquale&Jacqueline Varra 8120 Gage St Frederick, CO 80516 RE: Damage Reimbursement Agreement L.G. Everist, Inc. -Firestone Gravel Resource, Permit#M-1996-052 Dear Mr. and Mrs. Varra: L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation (MLR) permit to extract construction materials from a tract of land located in Parts of Section 32, T-3-N, R-67-W, 6th P.M., Weld County, Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe Pasquale &Jacqueline Varra own the structures listed below. According to the MLR law your signature on this agreement must be notarized. L.G. Everist, Inc. agrees to reimburse Pasquale &Jacqueline Varra for any damage done to the 9 q 9 structures listed below as a result of the proposed mining operation. Your acknowledging signature and a notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement. Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY: Pasqua Jacqueline Varra 7� L!/ 14,9411(3 By Lynn M. Shults Title Regulatory Manager //�� C. STATE OF (2OIOra.C/OJJ Division of Reclamation, Mining &Safety ) ss. COUNTY OF weid Structure list'. The forgoing was acknowledged, subscribed House, 4 strand wire fence and sworn to before pie, a Notary Public, this IS day of re r / , a3/0 . BY PO a..9e 161-r`a /! /�/ . Notary Publi�ea="`Y My commission expires: FIRE-StructureLtrs-Dec2009.doc-via Certified Mail# 70,2. Okvcs Eicap /hots gar L.G. EVERIST, INC. I CORPORATE OFFICE 300 S.PHILLIPS AVE.•SUITE 200 P.O.BOX 5829 SIOUX FALLS,4557117-5829 rii - PHONE X 6000 FAX 605-334-3656 MOUNTAIN DIVISION 7321 E.88TH AVENUE-SUITE 200 HENDERSON,COLORADO 80640 303.287.9606 December 28, 2009 FAX 303-289.1348 Herbert L.Acord Acord St Vrain Valley Ranch LLC 7541 CR 26.75 Longmont, CO 80504 RE: Damage Reimbursement Agreement L.G. Everist, Inc. -Firestone Gravel Resource, Permit#M-1996-052 Dear Mr. Acord: L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation (MLR) permit to extract construction materials from a tract of land located in Parts of Section 32, T-3-N, R-67-W,6th P.M., Weld County, Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe the Acord St Vrain Valley Ranch LLC owns the structures listed below. According to the MLR law your signature on this agreement must be notarized. L.G. Everist, Inc. agrees to reimburse Acord St Vrain Valley Ranch LLC for any damage done to the structures listed below as a result of the proposed mining operation. Your acknowledging signature and a notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement. Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY: Acord St Vrain Valley Ranch LLC ay. j i %. Lynn Mayer Shults Title All G K Regulatory Manager /1 //, n CC: STATE OF t i/Orctd`c ) Division of Reclamation, Mining&Safety COUNTY OF Ube c- ss Structure list The forgoing was acknowledged, subscribed and sworn to bef ore-, me, a Notary Public, Garage, House, wood shed, barn, fences this P-14-±'day of a-nuc,trLi , �f I_(.2. By ).fit r4z.X_ -c r4 L U oc(4 • . ��l �ti Notary Public ---�Jf'' ��,---- My commission ex 'rest _3irJadSSION EXPIRES L. 0311312010 FIRE-StructureLtrs-Dec2009.doc-via Certified Mail# loot, Li $/7 0003 &779 ?Zoo L.G. EVERIST, INC. CORPORATE OFFICE 300 S.PHILLIPS AVE. •SUITE 200 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 December 22, 2009 FAX 303-289-1348 Joseph C &Carol J Weber PO Box 72 Golden, CO 80402 RE: Damage Reimbursement Agreement L.G. Everist, Inc.-Firestone Gravel Resource, Permit#M-1996-052 Dear Mr. and Mrs.Weber: • L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation (MLR) permit to extract construction materials from a tract of land located in Parts of Section 32,T-3-N, R-67-W, 6th P.M., Weld County, Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe Joseph C &Carol J Weber own the structures listed below. According to the MLR law your signature on this agreement must be notarized. L.G. Everist, Inc. agrees to reimburse Joseph C & Carol J Weber for any damage done to the structures listed below as a result of the proposed mining operation. Your acknowledging signature and a notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement. Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY: JoseBy ph�C &Carol J Weber �- Lynn M. Shults Title Cwxr' Regulatory Manager CC: STATE OF ) Division of Reclamation, Mining& Safety , ) ss. COUNTY OF *4-'3"1-4-' ) Structure list The forgoing was acknowledged, subscribed Cemetery, wire fence '�ZK� ' and sworn to befo e me, a Notary Public, ' 4 r;• this lC day of H...1.4 4,V G /d f SOT/Ali,SOT/Ali, ' / / AA ':-c.. ' Notary Public My commission expires: ,)1/4 zie/07 FIRE-StructureLtrs-Dec2D09.doc-via Certified Mail It 712'2 C r t&ta° y295 L.G. VLiitL•G E 1ST, INC. 1 ■ CORPORATE OFFICE I 31105.PHILLIPS AVE.•SUITE 2f10 P.O.BOX 5829 SIOUX N 3,SD 57117-5829 605-334-5000 PHOE FAX 605-334-3856 MOUNTAIN DIVISION 7321 E.88TH AVENUE•SUITE 200 HENDERSON,COLORADO 80640 303-287-9608 December 22, 2009 FAX 303-289-1348 Central Weld County Water District Attn: Board Members 2235 2nd Ave Greeley, CO 80631 RE: Damage Reimbursement Agreement L.G. Everist, Inc.-Firestone Gravel Resource, Permit#M-1996-052 Dear Board Members: L.G. Everist, Inc., is making an amendment to their Colorado Mined Land Reclamation (MLR) permit to extract construction materials from a tract of land located in Parts of Section 32, T-3-N, R-67-W, 6th P.M., Weld County, Colorado. State MLR law requires the permit applicant to agree to reimburse the owner of any structures within 200 feet of the mining area for damage done to the structures as a result of the permitted operation. We believe Central Weld County Water District owns the structures listed below. According to the MLR law your signature on this agreement must be notarized. L.G. Everist, Inc. agrees to reimburse Central Weld County Water District for any damage done to the structures listed below as a result of the proposed mining operation. Your acknowledging signature and a notary seal in the spaces provided below should satisfy the MLR law reimbursement requirement. Please return this agreement within 30 days of receiving it if at all possible. Enclosed is a stamped addressed envelope so you can returned the executed agreement to us. We have also enclosed a second copy of this letter that you may keep for your files. Thank you for your cooperation. Sincerely, ACKNOWLEDGED BY: Central Weld County Water District Lynn M. Shults Title 7 r a n r Regulatory Manager /1 STATE OF toloradD cc: ) ss. Division of Reclamation, Mining & Safety COUNTY OF Weld The forgoing was acknowledged, subscribed Structure list and sworn to before me, a Notary Public, Water line, building, sewer line, chainlink fence this 2q day of tor,(Pmhey , 2,ppq By JOhh w. ZndP1 Notary Public rk 1QA...., My commission expires: 5'&-2O/3 FIRE-Structureltrs-Dec2009.doc-Via Certified Mail# 70-0Z *tab CVO t(ktpo 9133 a. SET-BACK AGREEMENT This Set-Back Agreement (hereinafter referred to as the "Agreement") is between L. C. EVERIST, INCORPORATED. an Iowa corporation, whose address is 7321 East 88i11 Ave.. Suite 200, Henderson, CO 80640 (hereinafter referred to as "Everist,") and Sinclair Transportation Company. doing business as SINCLAIR PIPELINE COMPANY, a Wyoming Corporation. whose address is 550 East South Temple, Salt Lake City, Utah, 84102 (hereinafter referred to as"Sinclair" and/or"Structure Owner"). This Agreement is dated and made effective this zorN day of December, 2007. WITNESSETH WHEREAS, Everist is the owner(hereinafter also referred to as the "Owner") of two real properties, the first of which is known by street and address as 7497 County Road 26 Weld County. Colorado; and the second of which is known by street and address as 7662 County Road 26.75 Weld County. Colorado. The legal descriptions of the two aforementioned properties are more particularly described in Exhibit A and are depicted in Exhibit B of this Agreement (the"Property"). • WHEREAS. Owner's aforementioned Property is encumbered in part by a pipeline "Right of Way Easement' which was recorded at Reception 14081656 on May 13. 1963 in the office of the Clerk and Recorder of Weld County, Colorado (the"Right of Way") WHEREAS. Owner(hereinafter referred to as the "Grantor") is the legal successor to Robert O. Nelson who was the original Grantor of the Right of Way. WHEREAS. Sinclair (hereinafter referred to as the "Grantee') is the owner of the existing pipeline. which crosses Grantor's Property and which is allowed within the said Right of Way. WHEREAS, Grantor and Grantee amended said Right of Way in order to define the width of the easement area, to relocate the easement area including the existing pipeline, and to allow Grantee the right to install an additional pipeline within the easement area by way of that certain "Amendment to Right of Way' which was entered into and made effective as of the 23rd day of March, 2007 (hereinafter referred to as the "Amendment" and/or the "Amended Right of Way") and which said Amendment was recorded at Reception 3514284 on October 30, 2007. WHEREAS. Owner/Grantor (hereinafter referred to as the"Operator") proposes to permit, develop, mine and operate the Property for the purpose of extracting Construction Materials, including sand. gravel and other products (hereinafter referred to as the "Mining Operation" as defined by the Mineral Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials promulgated October 1995 and as amended August 2006) with a planned end- use of the reclaimed Property being its development for water storage, recreation, agriculture. a planned unit development and/or other lawful use. WI IERE.AS. Grantee's pipelines arc considered to he significant. valuable or permanent man-made structures (hereinafter referred to as the "Structure") which arc located within 200 feet of the limits of the Operator's proposed Mining Operation. 1 Set-Back Agreement between I. G 17 verist Inc and Sinclair Pipeline Comport) WHEREAS, Grantee as the owner of the Structure is hereinafter also referred to as the "Structure Owner". WI IEREAS, Operator(hereinafter referred to as the "Applicant") wishes to obtain a Section 112 Reclamation Permit from the Colorado Division of Reclamation. Mining and Safety which is required for its planned Mining Operation (hereinafter referred to as the "Permit"). WHEREAS. Colorado Division of Reclamation. Mining and Safety (hereinafter referred to as "DRMS") requires that the Applicant for a Section 112 Reclamation Permit and/or for an Amendment to such a Permit must contact the Owner of any aforementioned Structure located within 200 feet of the limits of the Applicant's proposed Mining Operation. and either: 1. Provide the DRMS with a notarized Agreement between the Applicant and the Structure Owner, stating that the Applicant is to provide compensation to the Structure Owner for any damage to the Structure caused by Applicant's activities: 2. Provide the DRMS an appropriate engineering evaluation which demonstrates that such Structure shall not be damaged by Applicant's activities occurring at the Mining Operation on the Property to he permitted if the aforementioned Agreement can not be reached: or • 3. Provide the DRMS with a notarized letter in the case where such Structure is a utility, on utility letterhead, from the owner(s) of the utility (Structure Owner) stating that the mining and reclamation activities, as proposed, will have "no negative etiect" on their utility. WHEREAS, Applicant plans to permit the Property so that it may carry out its proposed Mining Operations and end-use development to within 10 feet of the Property boundaries and within 200 feet of the aforementioned Structure which is located within and!or immediately outside the proposed Permitted Property boundary. WHEREAS, Structure Owner wishes to he assured it will be indemnified and held harmless should the Structure be damaged by Operator's proposed development, mining and reclamation operations and/or end-use development. NOW THEREFORE. In consideration of the performance of the covenants and promises made herein, and other good and valuable consideration paid, the sufficiency of which are hereby acknowledged by the parties to this Agreement. Everist as the Applicant and Sinclair as the Structure Owner do hereby agree to provide the DRMS with this notarized Agreement between the Applicant and the Structure Owner, stating as follows: 1. Structure Owner understands based on Applicant's representations to Structure Owner that the mining and reclamation activities will have"no negative effect" on the Structure Owner's Structure. 2. Applicant hereby agrees to indemnify and hold Structure Owner harmless for any damage that Applicant's Mining Operations do to the Structure. 3. Structure Owner agrees not oppose any of Applicant 's plans and efforts to permit, develop, mine and/or operate this Property for the purpose of extracting sand, gravel and any other Construction Materials with the planned end-use of the reclaimed Property being its development for water 2 Set-Back Agreement bear cot L G rcensi. Inc and Sinclair Pipeline Cump:m\ storage, recreation. agriculture, a planned unit development and/or other law ful use, including. but not limited to. Applicant's efforts to obtain a DRMS 112 Reclamation Permit and/or a Weld County Use by Special Review Permit for its proposed Mining Operation. 4. Structure Owner agrees to allow Applicant the right to mine to within 25 feet of the centerline of Structure Owner's 50-foot pipeline Right of Way: that is, the crest the sand and gravel pit excavation will he allowed to start at the edge of the 50-foot wide Amended Right of Way. 5. Owner will be allowed to mine the ultimate pit so that the slope of the pit adjacent to the Right of Way will not be steeper than 0.5: 1 (horizontal: vertical). 6. Owner will be required to reclaim the slope of the ultimate pit to a final reclaimed slope of 3:1 (horizontal: vertical) wherever Everist mines within 200 feet of Sinclair's Structure. 7. Owner will not blast within 200 feet of the Structure Owner's Right of Way and will not drill within the Structure Owner's Right of Way. 8. Owner's design of the reclaimed pit slope w ill be performed by a professional engineer licensed in the State of Colorado. • 9 This Agreement is the entire a:ureemen! between pan i,_s conceriu an the subject matter hereof and may not he modified except in writing executed by both parties. 10. In respect to all covenants. agreements and obligations contained in this Agreement and the rights and obligations created hereby shall he binding upon and shall inure to the benefit of the Owner and Structure Owner and their respective successors and assigns. if any. 11. This Agreement and its application shall be construed in accordance with the laws of the State within which the Project is located. Owner and Structure Owner agree that venue for any legal action regarding this Agreement shall be the District Court in and for County within which the Property is located. 12. Any provision or part of this Agreement held to be void or unenforceable under any applicable Federal. state, or local law. rule or regulation shall be deemed stricken and all remaining provisions shall continue to he held valid and binding upon Owner and Structure Owner who agree that the remaining provisions or parts of this Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 13. No other provisions are included as pan of this Agreement. (Remainder of page intentionally left blank] 3 Set-Mack \p.rcemeni hel',een I 11 I 'ens1. Inc and Simian,Pauline(lnnpmtc IN WITNESS WHEREOF, Owner and Structure Owner have signed this Agreement in duplicate. One counterpart each has been delivered to Applicant and Structure Owner. All portions of the Contract Documents have been signed, initialed or identified by Applicant and Structure Owner. OWNER: STRUCTURE OWNER: L. G. Everist, Incorporated Sinclair Transportation Company an Iowa corporation a Wyoming Corporation ' (771. BY: s 2)/ (L.---,..‘_-,,....„,_ 4- j� �.r�t�, By: (Signature) (Signature) Boa tptaw� Name: �Jprr r' , /. - / Name: ":,..A.- Ay. t"cke-rbe...� -S Title: (..,/ !% O1 ` z( __.-) - Title: Jrc..,- - >c e. • Date: 1/7/0 g Date: iz/zo/o7 Address of Owner for giving notices: Address of Structure Owner for giving notices: L. G. Everist, Inc. Sinclair Transportation Company 7321 E. 88th Avenue, Suite 200 550 East South Temple, Henderson,„ Colorado 80640 Salt Lake City, Utah 84102 Attn: t rAnk5 FI6A`7 Attn.: tic.,-\� "?c "c c. Telephone No.: 170 . (P. 2-7/4‘1Telephone No.: ibt:-.)\ 524-\ -2-415-2_-2-415-2_State of COW .J ) State of 1,t-'a. ) ) ss. ) ss. County of jA L7 1 County of Sat-' LFJU. ) The foregoing Agreement was acknowledged The foregoing Agreement was acknowledged before me this day of jlt1 before me this A4$day of Aze_.givtbzjt. 20OS by V11(`S Pre( , 2001 by fry?AAA A. P V ce7 (Re Adevt of v,et P,l..tsick-4e of L. G. Everist, Incorporated, an Iowa Sinclair Transportation Company, a Wyoming corporation. corporation Witness my hand and official seal Witness my hand and official seal �pottl II II Ipryp$ My C r e104 , New a)i Zak( My Commission Expires: 1( a O. 0 Rk •.••;G+; MARRNfN B APIrli t r N TA n �plly PWLIC•1rAT! : �• I w a SEAL 0— w ca+w.Grapy:maul at AL Set-Back Agreement between L.6 E er,s6 Inc and Sinclair Pipeline Company lb.us.21811574 01 5 Set-Cluck:A_regiment henu-en L G I cenyt. Inc and Sinrlmt Pipeline(oinpun EXHIBIT A To SET-BACK AGREEMENT Between L. C. Everist, Incorporated and Sinclair Pipeline Company Legal description of the Robert O. Nelson property which was purchased by L. G. [verist, Inc. and recorded at Reception 3444104 on December 28. 2006 in the office of the Clerk and Recorder of Weld County, Colorado: "Al! th(.:' portion of the Alert ll:11 ;A\ i,2) .:f the S:,utite. ,l Qu. :tr (Ski:4) ai..; the W,.st Half (W 1;2) of Section 32. Township 3 North. Range 67 West, lyuig last of the right of way of the Union Pacific Railroad Company as the 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 the main track of said Railroad as was originally constructed and operated through the West half of the of Section 32. Township 3 North. Range 67 West of the 6`h P.M. in Weld County, Colorado." Legal description of the Dorothy Alice Mel tale Propert' which was purchased by l.. G. Everist, Inc. and recorded at Reception 3327251 on September 29. 2005 in the office of the Clerk and Recorder of Weld County. Colorado: "The Southwest Quarter of the Northeast Quarter 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." 6 so-hack.1;_rcemenI between 1. ii.Ifs erisr. Inc and Sinclair Pipeline lbmpans Afill • 1 — - .��i _ .emu +�. ��CL • . I . ,. _ ... . ... _ , ,.. rs_ . 65 illle • Y i'0 �'••+'pia'-'-.A-- af>�f>. 1- ill e it o vii , i 47•Pire _. • I .I , • 1 3. [ ill • Li rr , - It 1 '� i1 iA Ci • `►I j I7 `a04 1 — I ■ I'-1 11I 1 • w likrialit Ir�'�' �O its . - s " r *Mi c Y ` ,� if L 1 I *.t.I ,• j • - It • W r R r f a _ O . `t. 1f• 1E3Z '• I inn . ' . ■a Ists i t is h1 w ;A , awl I ti • - _.. - - - f �- art - a. sa ! II 1 i r K' F , I ;I 'r. , • I•r.• r r alI -' Z �� ,p ( i l f ,11 • t I f Ldp.; -k ; _. / 4 es 4 /I P' T _• • M. ti EL ra " n - a G •a t • i a i * • el f _ o ..... 4 F i • Licc. i ..,. thr:MIIIP 4#ES. re. p of F Ec ao = 4, i = ►- -Non E at-- c � ` b 0 II G �y- Q et Ed c Q G 17 ` � j U + � 111 4 to u 4- ;�=r m m 111 c G - lc iI E . I .I I a. S Ir I 15 LL m a o F p P 14 -- ----- ------ ------- ----- 'FEB-06-1996 07-29 NARCO 313396S9Sk3S H.Nl.sa 1 f NORTH aMaa=aa14 MSBOVAC>DS cccMPanr j 1? 1 \ RC r) DISTRICT OFFICE I,1 1700 BROADWAY, SUITE 508, DENVER. COLORADO 80280 L r J TELEPHONE (303)861-9183 February 6, 1996 WELD COUNTY - DEPARTMENT OF PLANNING SERVICES Weld County Administrative OtI1ceS 1400 N. 17th Avenue Greeley,CO 80531 Attn:Ms.Shari L.Eastin Current Planner FAXED FIVE PAGES(INCL.COVER)TO(970)352-6312 Re:NOTICE OP NO OBJECTION TO USE BY SPECIAL REVIEW-CASE NUMBER USR-I 102 Tawnshio 3 North Rangefl West Section 32: SW/4 Weld County,Colorado Dear Ms.Eastin, Please allow this letter to serve as fennel 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 February 5, 1996 with Owens Brothers Concrete Company, MARCO does not object to Owens use by Special Review being approved for those lands listed in the Special Review application. • Thank you for your assistance in this matter.If you have any questions or If I may be of assistance in any way,please call me at(303)861-9183,eat:216. Sincerely, NORTH AMERICAN RESOURCES COMPANY �. Michael T.Holland Senior Landman cc:mth,Owens Brothers Concrete Company WELD COUNTY PLANNING a FEB 51996; 02/06/96 07:31 TX/RX NO.3061 P.001 ------- ------- 3036619183 P.91/05 - -------- FEB-05-1996 15:56 NRRCO 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 Amheriam Resources Company FAX 861-1636• - RE: Joint Surface Use Agreement Portions of the W/2 Section 32,T3N-R67W Weld County.Colorado FIVE MOBS,INCLUDING THIS COVER CC: Shan;Erwin,Weld County Department of Flaming Services Mr. Owens. I have Just heard froths Don lhaene that the letter agreement faxed the afternoon is acceptable to you.The originals will be distributed for forna l signature. However, due to the short period of time before the Weld County hearing. I am taxing 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. FEB 5 1996;•,.."'1 a Post-it Fax Note 7671 Oa" Ian.... S- To .ceherar. _ao` :, - .nr�.1O J u9nntG.O.t. 0,we.AtS.a..°° N Co hw em.alo-1.c;-Oyu; Phan-U.i-9181 a t; sax• 47n-1M-t.3U1_h "303-$(,1- 11..V., 08/22/95 Confidential 1 02/05/96 15:58 TX/RX NO.3059 P.001 II at NOfl* 411ALIMICALIT a JIhrit ZS iilt DENVER DISTRJOT OFFICE '+k 1700 BROADWAY, SLATE 508, DENVER, COLORADO 8O28D TELEPHONE (303)861-9183 February 5, 1996 Mr.John Owens Mr.Mike Owens Owens Btos,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("NARCO")is the successor owner of rights under an oil end gas lease,dated May 27, 1983,recorded at Book 996,No. 1926973,fiom Joie H.Pivonka,and Lorraine L_Plvonka,Lesson,and The Vestals Company,Lessee,covering the following lands in Weld County,Colorado: Townshln 7 Nom ttan¢e 67 West_6th P.M.I Section 32; All that part of the Wh,lying West of the Right-of-Way of Union Pacific Raihoad 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/l(the"LANDS"). • Owens Eros_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 ad Lorraine L.Pivonka,Grantors,and Owens Bros.Concrete Co.,Grantee. NARCO 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 concurrently on the LANDS with minimal interference and damage to one anther's operations,facilities,and access. Consequently,in consideration of the mutual prombes contained in this letter agreement,OWENS and NARCO 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,rules,and regulations. 02/05/96 15:58 TX/RX N0.3059 P.002 Owens Brothers February 5, 1996 Page 2 of 3 2. MARCO will conduct its operations in accordance with its oil and gas lease described above and with all applicable statutes,laws,rules,end regulations. 3. MARCO is presently aware that it will require a drillaite location,producing well site, related surface facilities,end access to a location on or near center of the NW/4SW/4 of the subject Section 32. Such location will consist of a dnllsite,approximately 400 ft.by 400 R.in size,along-term production facility approximately 200 R.by 200 ft in size around the producing well or wells,and continued access to the site which is acceptable to NAACO_ OWENS agrees that it will conduct its operations in such a way as to provide NAACO with such drilling and facilities site Mill Access without cost to MARCO. 4. OWENS will make ell reasonable efforts to avoid interference with NARCO's present operations:and,MARCO will make all reasonable efforts to avoid lnterlareace with OWENS' operations. OWENS 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 NAACO's operations. 5. OWENS and MARCO will each indemnify and hold the other harmless for damages to persons or property resulting directly or indirectly from its operations and ownership of the LANDS, whether such damages result from action or faultier to act. 6. NAACO 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 oecurwithin 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 p 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 mks and regulations as established by the State of Colorado Oil and Gas Conservation Commission.OWENS agrees to assist NARCO in establishing a drillsite 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 NAACO's existing or anticipated facilities and access mutes at least thirty days prior to initiation of such operations. 8. In the event that MARCO should require new drilleite and facilities locations,and/or access to them,in addition to that provided for in Paragraph 3 above,in order to Bully develop its oil and gas leasehold,NARCO 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 home 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. 'h.an.+.u, . i i 02/05/96 15:58 TX/RX NO.3059 P.003 Oeas AuthetS- Febeaq•3,1996 Pe 3 ail Ji. Nabs..eyeidedfor1aeisWeatattieeberarelaredElmvbtaplecedmtieZLS.Nya. liset7a psutasimpel Mee Palo.Is the blls.bisaaila oredawetts puttied stb.gsaidy by drpad= NARO0: Noah Am.iwealwasese Caapsgl 1100 seeadiqq,sale 508 Damn 00 80109 owws: OwmparainCeincre Cowpony Cowp OM Arta 00 00007 it Ma pry logy we'd awry olds spies% a wead Canso'aed lbw e[Calande SS renew pall*tse mend for c eeliaatrlls;ewtdetsdetamape+e.RM Mug*Vol aamagt arts aoesinfl,MARCO die notaythe WEI CountyAe-extstet`isam6LUnice'Sag s .deesme*PO fa Oowaes by rpeeird Ann leisK antosed Ear S.LANDS. vu Scfro ova Se glove,plea des,alga and IOWA est copy duds Way mdsunderstated. Sscady, • Kett Jan Darns Dietieel ngn ADD TO AND AaOa-'w was DAY Ot Btlls$33AXl7,19%. oars AII,OTHE08 COMC tm7s COMPANY PO P a . Renee. f1 • 1 mra P P7 02/05/96 16:31 TX/RX NO.3060 P.004 7- ' , I I / r 4eoz�%1 i 1 I —_I_I_. 480.1., .-4r31 I - 1i 1i f< i / i : ii 1 / 1� 1 i /1 • 7 / «,,a, I/, 1 / / 1 1 THIS AREA SUBJECT TO - l _ I. / 1 • . IGASINTERESTS. I - _ ii 1 I /,�,/ / ♦ t u aI1 I I / ♦ I 44.14. ✓ 4w � I � ! I / ♦ t ■ I "w,., I . I j/ PHASE' 4/•; 1 J X1O ihi / / / i / /1 ' I i i•/ .Qos4# • / I/ 1' / • / / • I; �// 4462.6oaT au f:/ ' .w... • 4�x.a PH4SE a j j • .eoaa 1 r GM I i �.! - ASMCiC NVU ••..x •41105.4. ;; M. i.. .. I / ♦ 1 :I / ♦ I.,• .\. g TOTAL P.05 02/05/96 15:58 TX/RX NO.3059 P.005 Ill ENCANA,. 370 17th Street e: (303)623-2300 Suite 1700 ru: (303)623-2400 Denver co 80202 www.encane con EnCana Oil & Gas (USA) Inc. 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. ^' V b_m Courtney Kiefer Land Assistant cc: Peter Scott Trarlp Ma.k of FnCr,na Corporaticn.Used under license. 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 "lint ,20 c1-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 nn 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 Jtst 2001. ENCANA OIL&GAS(USA)INC. By:CD: C7- 0 David Hill,Attorney-in-Fact OWNER READY MIXED CONCRETE COMPANY By: Bill Timmons,General Manager,Aggregates Sccit tDwtcs Ci -1- 2 01 2 IS 11.UU U U.UU arcvo OW\mw WOO•• ..wonne• ACKNOWLEDGMENTS STATE OF COLORADO ) )ss CITY AND COUNTY OF DENVER ) On this y1 day of teu�G( 20�( before me personally appeared David Hill,known to me to be an Attorney-in-Fact of EnCana Oil & Gas SA) 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 yT \ A�• �} 'SAC p„•• Public: 1 Lk:- Alin 'fail (SEAL) f : : tryC • j 111,9 Alist.%• •9.' STATE OF COLORADO A OF Coo OA.Oe (� " COUNTY OF .L�t l k}42-C- MY )sue bores Ham On this ai)day of .200 7,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. Mf,Q �cpues: $\a► ao i v , --eatifjgc Notary Public: �`)C‘je V V LV 0%. PIJ^t,; �` 7142 F.UCH„ -111 "`�o -2- SURFACE DAMAGE AND RELEASE AGREEMENT This Surface Damage and Release Agreement(this"Agreement") is made and entered into this ,z(2 day of Te rt 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 + 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 X. ownerwaivesmeminimummirtyDaywritten noticerequirement aescnoeaIn incINOLn:e 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: ,- irs-o—kinse, e David G.Hill Bill Timmons, General Manager,Aggregates Attorney in Fact ACKNOWLEDGMENTS STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) On this 91 day of , 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: s.Y,ANN Gtn Ntj �:••OTAiq'• l (SEAL) v;• Y'•,( Notary Public: CPA pU :O Pip ELF c,CX My Commission Expires 11502011 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 Q f.O day of 2007. % My Commission Expires: � 'a- a-01 O ooto111111111t,rjry/'i 4. O T AR Y Notary Public �r°rrrptOF11CIO Approved Form on 12/12/2006 S:1South_Rockies\DTAGRFVND-and-DAFORMS\Surface Agreements\Approved Surface Damage Agt Template.doc Page 4 F W O � U 6 a rr� M cn N H � 4 +4�UY O4.: "1/21. .. 4,, G l td 5 Y3 W w 1 • ir. I M t 88 0 rHiy Ftoo o ;; -w s o Q O I' r u Et g 4 " 3♦. Uy 0. O WFO g Q O 2 E^ W 03 i } -------.....„.10() ) i • .. , .,_, • l fr•-•ets 0 11\ .._ ,., : y , ---„6 ` 47 f 00 j rs" F r• � -' 4799 I -_ (4 80 \\...\-„.....---') I t ! 1 pt •W W s3aa� If ; RBA , • i 1 o • /. Vi k,- ._ - ----- _ • / - 4$67. • (, f- 1�- , \. % - JVIV--VOGL ,i r o @ 4e 4-0 Declination / r / -� - Vt - PLO N ( i.(-\ ,MN 9°03'E — L I - , ' Copyright(C)20‘00,MyTopo Name: GOWANDA(CO) LG EVERIST, INC. PARTS Date: 03/11/10 OF SECTION 32,T-3-N, FIRESTONE GRAVEL RESOURCE R-67- Scale: finch = 1,000 ft. R-67-W, P.M.,WELD COUNTY, COLORADO MAP EXHIBIT G-1 WATER WELLS WITHIN 600 FEET Colorado's WellView Web-View Details: Receipt 0447338 bttp://www.dwr.state.co.us/WellViewWeb/View.aspx?receipt=0447338 Colorado's WellYiew Webb ; amps Permit Constructed -f elp..`_I Last Refresh: 2/22/2010 12:01:32 AM Receipt: 0447338 Division: 1 Permit#: 219853-- Water District: 5 Well Name/#: County: WELD Designated Basin: Management District: Case Number: WDID: [-7 Applicant/Owners History Date Range Applicant/Owner Name Address City/State/Zip Unknown-Present ONORATO KENNETH L PO BOX 205 FIRESTONE,CO 80520- [-] Location Information Approved Well Location: Q40 Q160 Section Township Range PM Footage from Section Lines NW NE 5 2.0N 67.0W Sixth 350 N 2540 E Northing(UTM y): 4447098.0 Easting(UTM x): 507352.9 Location Accuracy: Spotted from section lines Physical Address Subdivision Name City/State/Zip Filing Block Lot A Parcel ID: Acres in Tract: 8 [-] Permit Details Date Issued: 08/20/1999 Date Expires: 08/20/2001 Use(s): HOUSEHOLD USE ONLY Aquifer(s):ALL UNNAMED AQUIFERS Special Use: Area which may be irrigated: Maximum annual volume of appropriation: 0.33 Statute: Permit Requirements: Totalizing Flow Meter Geophysical Log Abandonment Report No No No Cross Reference Permit Number Receipt Description Permit(s): Comments: [-] Construction/Usage Details Well Construction Date:09/29/1999 Pump Installation Date: 12/06/1999 Well Plugged: 1st Beneficial Use: Elevation Depth Perforated Casing(Top) Perforated Casing (Bottom) Static Water Level Pump Rate 46 26 46 20 12 Lic# Name Address Phone Number Driller 857 CLEMENT,GLENN A. 1960 24TH AVENUE CREEL EY,CO 80634-5028 970-353-5648 Pump 715 SPAIN,TOM W. 2021 WELD CO RD 27 FT LUPrON,CO 80621 303-659-1584 Installer [-] Application/Permit History Pump Installation Report Received 01/18/2000 Pump Installed 12/06/1999 Well Construction Report Received 11/04/1999 Well Constructed 09/29/1999 1 oft 2/22/2010 11:27 AM Colorado's WellView Web-View Details: Receipt 0410843 hRp://www.dwr.state.co.us/WellViewWeb/View.aspx?receipt=0410843 (alorada's WellYiew Web ry rt.� ' Application Denied ;tF4;pl t'tl Last Refresh: 2/22/2010 12:01:32 AM Receipt 0410843 Division: 1 Permit it: 14195-AD- Water District: 5 Well Name/ it: County: WELD Designated Basin: Management District: Case Number: WDID: [-] Applicant/Owners History Date Range Applicant/Owner Name Address City/State/Zip Unknown-Present OWENS BOTHERS CONCRETE CO 5501 SHERIDAN BLVD ARVADA,CO 80002 [-] Location Information Approved Well Location: Q40 Q160 Section Township Range PM Footage from Section Lines 32 3.ON 67.0W Sixth Northing (UTM y): 4448011.5 Eastlng(UTM x): 507320.0 Location Accuracy: Spotted from quarters Physical Address Subdivision Name City/State/Zip Filing Block Lot Parcel ID: Acres in Tract: [-] Permit Details Date Issued: 04/23/1998 Date Expires: Use(s): OTHER Aquifer(.:):ALL UNNAMED AQUIFERS Special Use:GRAVEL PIT Area which may be irrigated: Maximum annual volume of appropriation: Statute: Permit Requirements: Totalizing Flow Meter Geophysical Log Abandonment Report No No No Cross Reference Permit Number Receipt Description Permit(s): Comments: (-] Construction/Usage Details Well Construction Date: Pump Installation Date: Well Plugged: 1st Beneficial Use: Elevation Depth Perforated Casing(Top) Perforated Casing(Bottom) Static Water Level Pump Rate [-] APplicadon/Permit History Permit Issued 04/23/1998 Application Received 01/21/1997 [-] Imaged Documents Document Name Date Imaged Annotated Correspondence,Memos Findings fk Hearings 12/01/2007 No Application Denied 12/01/2007 No l oft 2/22/2010 11:32 AM Colorado's WellView Web Pik r�R Permit Constructed _`Heilp..( I Last Refresh: 2/22/2010 12:01:32 AM Receipt: 0342567 Division: 1 Permit#: 166299-- Water District: 5 Well Name/ #: County: WELD Designated Basin: Management District: Case Number: WDID: [-] Applicant/Owners History Date Range Applicant/Owner Name Address City/State/Zip Unknown-Present EVEREST L G,INC.,AN IOWA CORPORATION 7321 E 88TH AVE#200 HENDERSON,CO 80640- 1 [-] Location Information Approved Well Location: Q40 Q160 Section Township Range PM Footage from Section Lines SW NE 32 3.ON 67.9W Sixth 2900 S 1905 E Northing(UTM y): 4448086.5 Easting(UTM x): 507544.0_ Location Accuracy: Spotted from section lines Physical Address Subdivision Name City/State/Zip Filing Block Lot Parcel ID: Acres in Tract: (-3 Permit Details Date Issued: 09/17/1992 Date Expires: Use(s): DOMESTIC Aquifer(s):ALL UNNAMED AQUIFERS STOCK Special Use:ISSUED UNDER PRESUMPTION 3b-IIA Area which may be irrigated: Maximum annual volume of appropriation: Statute: Permit Requirements: Totalizing Flow Meter Geophysical Log Abandonment Report No No No Cross Reference Permit Number Receipt Description Permit(s): Comments:Attn: Denise Fields I [-] Construction/Usage Details Well Construction Date: 12/02/1992 Pump Installation Date:12/30/1992 Well Plugged: 1st Beneficial Use: Elevation Depth Perforated Casing(Top) Perforated Casing(Bottom) Static Water Level Pump Rate 27 20 27 6 15 Lic# Name Address Phone Number Driller 698 GLOVER,JONATHAN M. 7261 W.C.R.31 FT LJPTON,CO 80621 303-857-2041 Pump 698 GLOVER,JONATHAN M. 7261 W.C.R.31 Fr LJPTON,CO 80621 303-857-2041 Installer I C-3 Application/Permit History Pump Installation Report Received 03/12/1993 Well Construction Report Received 03/12/1993 Pump Installed 12/30/1992 Well Constructed 12/02/1992 I oft 2/22/2010 11:36 AM Colorado's Well View Web-View Details: Receipt 9063797 hip://www.dwr.state.co.us/WellViewWeb/View.aspx?receipt=9063797 Colorado's WellYiew Web - IIYAk Permit Constructed Pat $x Last Refresh:2/22/2010 12:01:32 AM Receipt: 9063797 Division: 1 Permit#: 3564.6-- Water District: 5 Well Name/ #: County: WELD Designated Basin: Management District: Case Number: WDID: [-] Applicant/Owners History Date Range Applicant/Owner Name Address City/State/Zip Unknown-Present ACORD GILBERT 2FD 4 BOX 131 LONGMONT,CO 80501 [-] Location Information Approved Well Location: Q40 Q160 Section Township Range PM Footage from Section Lines NW NE 32 ION 67.0W Sixth Northing(UTM y): 4448608.0 Easting(UTM x): 507519.7 Location Accuracy: Spotted from quarters Physical Address Subdivision Name City/State/Zip Filing Block Lot Parcel ID: Acres in Tract: [-] Permit Details Date Issued: Date Expires: Use(s): DOMESTIC Aquifer(s):ALL UNNAMED AQUIFERS Special Use: Area which may be Irrigated: Maximum annual volume of appropriation: 1 Statute: Permit Requirements: Totalizing Flow Meter Geophysical Log Abandonment Report No No No Cross Reference Permit Number Receipt Description Permit(s): Comments: [-] Construction/Usage Details Well Construction Date: Pump Installation Date: Well Plugged: 1st Beneficial Use: 11/02/1968 Elevation Depth Perforated Casing(Top) Perforated Casing(Bottom) Static Water Level Pump Rate 21 9 15 [-] Application/Permit History First Beneficial Use 11/02/1968 [-] Imaged Documents Document Name Date Imaged Annotated Original File 12/03/2007 No 1 of 2 2/22/2010 11:35 AM Colorado's WellView Web Permit Constructed Help Last Last Refresh: 3/3/2010 12:02:31 AM Receipt: 9064076 Division: 1 Permit#: 38262-- Water District: 5 Well Name/ #: County: WELD Designated Basin: Management District: Case Number: WDID: f[-] Applicant/Owners History Date Range Applicant/Owner Name Address City/State/Zip Unknown-Present CRAIG FRED RT 3 BOX 301 GOLDEN,CO 80401 [-] Location Information Approved Well Location: Q40 Q160 Section Township Range PM Footage from Section Lines SW NW 32 3.ON 67.0W Sixth Northing(UTM y): 4448217.0 Easting(UTM x): 506713.6 Location Accuracy: Spotted from quarters Physical Address Subdivision Name City/State/ZIP Filing Block Lot Parcel ID: Acres in Tract: [-] Permit Details Date Issued: Date Expires: Use(s): DOMESTIC Aquifer(,:):ALL UNNAMED AQUIFERS Special Use: Area which may be irrigated: Maximum annual volume of appropriation: 1 Statute: Permit Requirements: Totalizing Flow Meter Geophysical Log Abandonment Report No No No Cross Reference Permit Number Receipt Description Permit(s): Comments: I [-] Construction/Usage Details Well Construction Date: Pump Installation Date: Well Plugged: 1st Beneficial Use:06/10/1969 Elevation Depth Perforated Casing(Top) Perforated Casing (Bottom) Static Water Level Pump Rate 32 4 40 I [-] Application/Permit History First Beneficial Use 06/10/1969 [-] Imaged Documents Document Name Date Imaged Annotated Original File 12/03/2007 No 1 oft 3/3/201012:53 PM r , ,/ 1 Yt ( I • N's J, ,f_ 1 , 4/I-- / }�_:= �� j__-- i -__ l� 4799 �/ VV-3 U r ; . fr ;'„ �` '-'-'%.-a -4aG�W-'Vrain Sch 4 I :I 48OO _�% • 32 o• �o� LASS nl495 s T offer-1 z 40 BMW-1O / ' ( VV-99 / • - .„ a —4 4 � . Declilin tion „� r t.7-- ` I M io • \ a 1Y ._„ ON P / L ' , . . ' \ ; ‘, ;\,. mil "S MN 9°03'E .", i t Copyr (C)2008,MyTopti Name: GOWANDA(CO) LG EVERIST, INC. Date: 03/11/10 PARTS OF SECTION 32,T-3-N, FIRESTONE GRAVEL RESOURCE Scale: finch = 1,000 ft. R-67-W, P.M.,WELD COUNTY, COLORADO MAP EXHIBIT G-2 GROUNDWATER MONITERING WELLS H \ \ »gage FO sm FO SS SEEPPm4S2S ES Rq \/( § 4 ( Sege»4e Re o [ § s e| d PS ri R ER /\ ( \ E 6Z6 . . z2 m z2 z2 0 20 3g // 0 ;;: :, ! _, ) \ e! Jg24Rm, m QGg\ GGQ9QGo \ Q QP 66 666 moommovv4,06 q446666 6666626e4 66 6 m, o : ! : : wm j 4 aea»oa' aa\aae§ ae\aa � � SS W /§ � �6o| a \ 2§ 5a9»ee; ea 9282 es\222; 2 . _I \ a„ _ 0 _% , 0 , !| ` ! :! l,�;l,r!!; §!!!;(!!;!(:; o! _!.. .. ...... , ; Wel WS W& ;,,, , ,,. ..2___ _____. .t.__ . Om 00 00 00 ' J-L ) § § !, , ) _ \\\ m§ iTi W,I; \TiiW i \Gd@QQ \GG «g:\\\ H 131111111111111111111111111111111 " 111111111111111111111111111111111 NMI " 11111111111111111111111111111111 111111111111111111111111111111111 11111111111111111111111111111111111 1111111 Ilia INK d ENE 1 IEEE MEI , 'I ii 5iim 11111111111111111 INN _ O N- 00 r CO N- NY NY CO O CO V CO T Cr) CO (0 M CO U) ui O u) 6V V V LU W LU W R V V O o O r O O O Q' O N- N O A r V N r O r cc O (D M N N ON (O Ui (04 W N 000 O fD O CO A MC, CC U) CO O N O O LC) T N r a. V CO O O) N: O O O LU (O LA W M O (O (O in co h 0 N- N- N N CO O O CI O) N N... N U) CO N O) 4 V O T- N.: O O O) u) O N N M (O r r 00) N a N O O CC O O O N- a (0 O) CO M CO N cc Nt O O CO U) OOnv vv W N Na O u) o r N- O r Nr O Q' W M a 0 O LO T V O T M ec ce O N l0 6 m (0 n o v v LU LU a Ili ((i N- O U) V (O O N) CO CO CO CO G N M V co M O) MOO O ✓ r N N r O O O T O O r 3 r rr rr rrr 2 OM (O U M) U) CO CON b O) O V U) O) 0 MOON 00 O 00000N- (D N- A 0 rr r2 CO 0) (O O N (O O V N r N N- - N O O r CO CO OD V N CO. O CO M r M. A r r w2 N O M IT M 1.7 M M M M N N N N N W co W E F F- a O O N- O T T O V O O Ul V r - N - r r r r O r r r r- ill I MO n TOM v Lo N O n h T • O I O Ui O ro Ui O K V V CJ CJ V F' N - X w c 2 E h I 0 2 a F W ^N1 O to U) V A LO A O N- r r N 0 T r O a CO CO (O A a N M ZWG C '( OTTT (0na a s ( OO ft; i- eti- W is r-- a) tn d ~ 2' 0O ai`" to° 0 W "K; CO N- a N O T N- r LO N- O - V M M M : M M V V a O 2W rL - O LO (D T O r N O V NLO 70 W0 0 ey 0000 6 c N- ui r-: cc; r N- NW Cr` r r r r to w 4 J Qom' f u.< iniNu LL a co O N M N N T co M U) T N- ^ Q M CO M CO M M Cl R V 'Q ` O 0 r r O co co V LO co N- T cO N J 0 O) O) O) O) N N: U) a 6 a U) 0 N N J m U' La• W F y o wKO ...,j Z O F co o O Z 0 0 Z m lY x > Z J 0 a H > O m Z m Z X Y Z J O 0 F > O 0 - 0 f j < w ¢ 0 C O D D w O O w 0 Q W < a < D O O w O O w 0 w Z -5u- 2 < 2 -) -) < (.00Z0 >- - u < 2 -, � Qm0Z0 c 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 —bc— SAF ETY RECEIVED Bill Ritter,Jr. FEB 0 4 2010 Governor Harris D.Sherman February 2,2010 ENVIRONMENT Executive Director C ONMENT INC. Ronald W.Cattany Steve O'Brian Division Director Natural Resource Trustee Environment Inc. 7985 Vance Drive#205A Arvada.CO 80003 Re: Preliminary Review of a 112 Construction Materials Reclamation Permit Amendment Application Package,Firestone Gravel Resource,Permit No. M-1996-052 Dear Mr.O'Brian: The Division of Reclamation, Mining, and Safety has completed its preliminary adequacy review of your 112 construction materials reclamation permit amendment application. The application was called complete for review on January 22, 2010. All comment and review periods began on January 22,2010. The decision date for this application is April 22,2010. 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 (April 15,2010). 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. APPLICATION FORM: Adequate as submitted EXHIBIT A-Legal Description(Rule 6.4.1): Adequate as submitted. EXHIBIT B-Index Map(Rule 6.4.2): Adequate as submitted. EXHIBIT C-Pre-mining and Mining Plan Map(s)of Affected Lands(Rule 6.4.3): Please show the locations,construction details,and dimensions(LXWxLI)of any structures and foundations/pads to be placed on the site as discussed in the mining plan including: conveyor systems,scale,sales buildings, concrete batch and casting plants and asphalt batch plant and all associated supporting features. A Technical Revision will be required at a later date to add any of these structures/features and provide details not specifically included at this time. There will also be bonding implications for the removal of any structures placed on-site. Office of Office of Mined Land Reclamation Denver • Grand function • Durango Active and Inactive Mines It is the Division's understanding at this time that topsoil and overburden piles,while not located specifically on the map,will be placed within the setback of the active area(s), located no more than 900 feet from the active mining area,and fully within the permitted area as stated elsewhere in the application. Please confirm. EXHIBIT D-Minine Plan(Rule 6.4.4): It is the understanding of the Division that this will be a"dry mining"operation which will employ no clay liners or slurry walls to isolate itself from the aquifer,therefore the cells will need to be continuously pumped until they are reclaimed. Depth of mining appears to be approximately 35' b.g.s. based on map contours. Is this the anticipated depth to bedrock? What is the underlying strata- shale? Disturbance (unreclaimed area) will be limited to a maximum of 100 acres. Please confirm if this is correct. Also please note that temporary cessation is limited to a maximum of two 5 year intervals, and that site maintenance activities(weed control,etc)need to continue on-site even during periods of temporary cessation. Please specify what setbacks will be maintained from the Last Chance Ditch, Sidehill Ditch and the gas/oil well access roads,and confirm that these have been accurately reflected on the site maps. EXHIBIT E-Reclamation Plan(Rule 6.4.5): The Division understands that this property will be reclaimed primarily as open water ponds with rangeland perimeters and some additional rangeland area in accordance with structure agreements obtained from owners of gas/oil wells and the ditch company. Please provide the following additional information: • All information needed to satisfy section 3.1.5(9) items (a)-(f) of the rule concerning the use of off-site and structural fill. The application states that an intent to import inert fill letter and inert material affidavit are included,but these could not be found in the submitted application package. EXHIBIT F-Reclamation Plan Map(Rule 6.4.6): Adequate as submitted. EXHIBIT G-Water Information (Rule 6.4.7): Because this operation will be a dry mining operation with no proposed isolation from the unconsolidated aquifer, the potential impact to the aquifer of this level/duration of pumping is of special concern to the Division. Please provide the following information: • Locate on the map(in Exhibit C)tributary water courses,wells, springs, stock water ponds,reservoirs,and ditches on the affected land and on adjacent lands where such structures may be affected by the proposed operations. o Please also provide the following information: • Are there any wells within 600 feet of the permit area? • Is any portion of the site within the 100 yr flood plain of the St Vrain Creek? • Where are the existing or proposed groundwater level monitoring points?—Please locate on appropriate maps and provide construction details(depth,screened intervals etc.) • What is the current static water level and does the permittee already have the required 12 months(and preferably more)of background groundwater level data to establish baseline conditions prior to commencing dewatering? • Is there a groundwater level monitoring plan for the site to monitor for potential off-site impacts to the aquifer,establish trigger points for corrective actions,and describe what corrective actions would be implemented? • What is the anticipated pumping rate for the site? • Has there been any aquifer drawdown modeling done for this site? • How will water that is currently captured by the"Seep Ditch"be returned when this ditch is removed?Or will irrigation of these areas cease prior to removing the ditch? • Submit a brief statement or plan showing how water from dewatering operations or from runoff from disturbed areas, piled material and operating surfaces will be managed to protect against pollution of either surface or groundwater (and, where applicable, control pollution in a manner that is consistent with water quality discharge permits), both during and after the operation. • The Division has noted the commitment to obtain a new SWSP from the State Engineer before additional water is exposed at this site. • You must provide an estimate of the project water requirements including flow rates and annual volumes for the development,mining and reclamation phases of the project. • You must indicate the projected amount from each of the sources of water to supply the project water requirements for the mining operation and reclamation. EXHIBIT H-Wildlife Information(Rule 6.4.8): Adequate as submitted. EXHIBIT I-Soils Information(Rule 6.4.9): Adequate as submitted. EXHIBIT J-Vegetation Information(Rule 6.4.10): Adequate as submitted. EXHIBIT K-Climate(Rule 6.4.11): Adequate as submitted. EXHIBIT L-Reclamation Costs(Rule 6.4.12): The reclamation estimate provided in this application is much better than most, however, all information necessary to calculate the costs of reclamation must be submitted and broken down into the various major phases of reclamation. If direct quotes are used for items such as seeding, please provide copies, so that they can be verified and included in the site file. You must provide sufficient information to calculate the cost of reclamation that would be incurred by the state. Please also provide cost estimates for the following items: • Pumping costs(State pumping cost is estimated at$300 per acre foot) • Dewatering costs(per appropriate unit time such as day,week, month) • Removal of structures included in mining plan such as sales office, scale/scale house, conveyor system, and asphalt and concrete plants • Weed Control Plan In addition to the above costs,the following text is taken from the Division of Water Resources General Guidelines for Substitute Water Supply Plans for Sand and Gravel Pits. "If the proposed final reclamation of the mining operation, as approved in the DRMS permit. does not include backfilling or lining to eliminate all ground water exposed within the mining boundaries, sufficient replacement water must be dedicated to the plan to cover the expected depletions that would occur at the site. The expected depletions must include evaporation from the surface area and the effects of the first fill that would occur if dewatering operations at the site ceased and the ponds were allowed to fill. At least three years prior to completion of dewatering, the applicant must submit a plan that specifies how the post-dewatering depletions, including refilling of the pit,will be replaced, in time,place and amount. If the final reclamation does not include backfilling or lining, and the applicant has not dedicated permanent replacement water to the plan,the applicant can still provide sufficient bonding(through the Division of Reclamation Mining and Safety)to cover lining or backfilling until such time as a court- approved augmentation plan is obtained or until all depletions at the site have ceased and all delayed depletions have been replaced. In the event that the operator of the pit walks away from the site prior to final approval of an augmentation plan or prior to replacement of all delayed depletions, the dedicated water or bond will be used to ensure that depletions will not occur at the site or that depletions will be replaced. As part of the proposed plan, the applicant must clarify whether they will dedicate water to the plan or whether a bond has been approved. If the applicant has obtained a bond, they must indicate the amount of the bond and show that the bond is adequate to line or backfill the water surfaces that will be exposed during the plan period." This means that division is required to additionally bond for one of the following options whenever groundwater is exposed on a site: • Cost to backfill all excavations to two feet above static water level. • Cost to install a slurry wall around all exposed water bodies to isolate them from the aquifer—bond may be released when the slurry wall passes the required State Engineer leak testing. • Cost to install a clay liner in all water bodies to isolate them from the aquifer—bond may be released when clay liner passes the required State Engineer leak testing. OR the operator may select and execute one of the following options. • Operator may dedicate permanent replacement water rights to the site via documentation from the State Engineer's office showing that adequate water rights to account for all exposed groundwater have been committed. The SEO will then notify the Division of their acceptance of such a plan. • Operator may provide evidence of a court-approved permanent augmentation plan for exposed groundwater at the site. Obviously this new policy will have a major impact on bonding costs for a site such as this one. Please indicate which of the above options will be selected, and provide an appropriate detailed cost estimate for that option for bond calculation purposes. EXHIBIT M-Other Permits and Licenses(Rule 6.4.13): Adequate as submitted. EXHIBIT N-Source of Legal Right to Enter(Rule 6.4.14): Adequate as submitted. EXHIBIT 0-Owner(s)of Record of Affected Land (Surface Area) and Owners of Substance to be Mined (Rule 6.4.15): Adequate as submitted. EXHIBIT P-Municipalities Within Two Miles(Rule 6.4.16): Adequate as submitted. EXHIBIT O-Proof of Mailing of Notices to County Commissioners and Soil Conservation District(Rule 6.4.17): Adequate as submitted. EXHIBIT R-Proof of Filing with County Clerk and Recorder(Rule 6.4.18): Adequate as submitted. EXHIBIT S - Permanent Man-Made Structures (Rule 6.4.19): I would like to personally compliment how the requirements of Exhibit S were addressed in this application. Thank you for such a clear, complete and concise approach. It appears that agreements are still required for most structures/utilities within 200'. Please provide evidence that the appropriate agreements have been executed/pursued. Copies of letters and certified mailing receipts will be adequate. Additional Information: You will also need to provide the Division with proof of notice publication. Any letters from other commenting agencies/entities received by the Division to date have been included with this correspondence for you to review. This concludes the Division's preliminary adequacy review of this application. Other issues may arise as additional information is supplied. Please remember that the decision date for this amendment application is April 22, 2010. 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, flf Eric Scott—Environmental Protection Specialist Hello