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Home My WebLink About20101142.tiff Page 1 of 1 • • Michelle Martin From: Stephanie Arries Sent: Tuesday, June 16, 2009 8:04 AM To: Richard Hastings; Donald Carroll; Kim Ogle; Michelle Martin Subject: NCCI Pit#1 AmUSR 1394 Attachments: NCCI.pdf Greetings! I spoke with Dennis Hansen in the Thornton City Attorney's office yesterday afternoon, and we cleared up that the City is not considered the Applicant in this case. However, Bruce wants Thornton to sign the Agreement so that they are fully aware of the requirements and the collateral. I told Dennis that Weld County would be sending out an Improvements Agreement to NCCI and that Thornton would be signing off on it to acknowledge that as landlord they understood what the obligations and duties of NCCI would be and that they agreed with that. - I might feel like adding some language that would give them the ability to terminate the lease if there was a violation (but I have not yet had a chance to review the lease they have) Also, the lease Agreement(attached) is something you all should see so that you are aware of the improvements that Thornton is expecting NCCI to complete during the lease period -which ends on December 31, 2021. Anyway, this Agreement will be somewhat different than the others we have worked on, and we will have to deal with Thornton. Thanks Stephanie 2010-1142 6/WC/ O /'L 6/17/2009 • • Page 1 of 1 Michelle Martin From: Michelle Martin Sent: Monday, May 04, 2009 7:58 AM To: 'Doug Graff Subject: RE: Improvements Agreement for NCCI Gravel Pit Doug, The County Attorney has determined the property owner"City of Thornton" will need to sign the improvements agreement. Let me know if you have any other questions. Michelle Martin Planner II 4209 CR 24.5 Longmont,CO 80504 mmartin(L,r'co.weld.co.us co.us PHONE: (720) 652-4210 x 8730 FAX: (720)652-4211 Please tell us how we're doing: intp wwg!.co v+gld.co.us departments planning comp unprocecomments.cfm From: Doug Graff [mailto:ddg@ncconstructors.com] Sent: Friday, May 01, 2009 2:19 PM To: Michelle Martin Subject: Improvements Agreement for NCCI Gravel Pit Hi Michelle: I emailed you yesterday thinking that the Improvements Agreement would be completed by Thornton some time next week. I have just found out from Thornton that since this is an agreement between two public entities the agreement will have to go before the Thornton City Council with all of the notices etc. that are required. I have now been told that this will take at least six weeks for Thornton to process. I would ask you again if there is any alternative from Planning and Zoning in working around this. I have the signed Mylar plat now so the improvement agreement is the last item. Let me know if you have any ideas. Thanks, Doug 5/4/2009 • Page 1 of 1 Michelle Martin From: Doug Graff(ddg@ncconstructors.com] Sent: Thursday, April 30, 2009 4:09 PM To: Michelle Martin Subject: RE: amusr-1394 Hi Michelle: Thornton has signed the Mylar plat and should deliver that to me Friday. They are working on improvements agreement, as who would sign for Thornton etc. I have the surety bond ready to go as soon as they bring me the improvements agreement. I hope that will be next week. I can deliver the Mylar plat to you early next week. Doug From: Michelle Martin [mailto:mmartin@co.weld.co.us] Sent: Thursday, April 30, 2009 3:28 PM To: Doug Graff Subject, amusr-1394 Doug, Could you please update me on the status of Amusr-1394. When do you expect to have the improvements agreement and plat ready? Michelle Martin Planner II 4209 CR 24.5 Longmont,CO 80504 mmartin@co.weld.co.us PHONE: (720)652-4210 x 8730 FAX: (720)652-4211 Please tell us how we're doing: http:'/www.co.weld.co.us`departments'plannint'comp__improve con.ments.cfm 5/4/2009 • • Michelle Martin From: Dennis Hanson [Dennis.Hanson@cityofthornton.net] Sent: Thursday, April 29, 2010 10:45 AM To: Stephanie Arries Cc: Michelle Martin; Richard Hastings; ddg@ncconstructors.com; Scott Twombly Subject: RE: NCCI and Thornton USR Stephanie, These changes are fine with Thornton. Thanks for sending them. Dennis Dennis A. Hanson Assistant City Attorney City of Thornton 9500 Civic Center Drive Thornton, Colorado 80229 303-538-7554 Fax 303-538-7427 From: Stephanie Arries [mailto:sarries@co.weld.co.us] Sent:Thursday, April 29, 2010 9:41 AM To: Dennis Hanson Cc: Michelle Martin; Richard Hastings; ddg@ncconstructors.com Subject: NCCI and Thornton USR Dennis, We had a meeting with Doug Graff of NCCI, and made a few modifications to the Agreement which addressed NCCI's responsibilities to provide collateral. Doug Graff told us that NCCI may not move forward on the improvements relating to the creation of the concrete/asphalt batch plants. Therefore the Agreement now reflects that NCCI will not be required to provide collateral for those improvements unless and until they take steps to build those plants by applying for a grading permit. These changes to the Agreement do not impact Thornton. However, I wanted to share them with you now so that you would not be surprised by them. Stephanie L. Arries Assistant Weld County Attorney 915 Tenth Street P.O. Box 758 Greeley, Colorado 80632 Tel: 970-356-4000 ext 4394 Fax: 970-352-0242 Email: sarries@co.weld.co.us STATEMENT OF CONFIDENTIALITY& DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this 1 • • Page 1 of 1 Michelle Martin From: Michelle Martin Sent: Monday, March 02, 2009 10:38 AM To: 'Doug Graff Subject: AMUSR-1394 Doug, The Weld County Department of Public Works and the Department of Planning Services has reviewed the private improvements agreement for AMUSR-1394 agree with the costs. The following modifications need to be made to the agreement: Page 1 the agreement is with the property owner(City of Thornton) not Northern Colorado Construction therefore please replace the first line with City of Thornton. Page 1 after NCCI Pit#1 state AmUSR-1394 Page 10 please list days of the year for example (month day year) instead of 3 days. Also on page 10 please fill out when you expect to have all the improvements done. Let me know if you have any questions. Michelle Martin Planner II 4209 CR 24.5 Longmont,CO 80504 mmartin@co.weld.co.us PHONE: (720)652-4210 x 8730 FAX: (720)652-4211 Please tell us how we're doing: lntp W1.1 vacld co_u, departments planning comp im ro e colllmcnts.rfm 3/2/2009 • • Weld County Planning Department GREELEY OFFICE MEMORANDUM MAR n 2 9flflq RECEIVED TO: Michelle Martin, Planning Services DATE: 2/27/2009 WC FROM: Donald Carroll, Engineering Administrator Olt COLORADO SUBJECT: AmUSR-1394, Northern Colorado Constructors (NCCI Pit #1) The Weld County Public Works Department has reviewed the Exhibit "A" portion of the Improvements Agreement According Policy Regarding Collateral (private road maintenance). The Estimated Construction unit costs appear to be adequate to complete the on-site improvements associated with this USR. Public Works recommends acceptance of the Exhibit "A" portion of transportation items. All other non-transportation items should be verified by Planning Services prior to scheduling. pc: AMUSR-1394 M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special ReviewWmUSR-1394 NCCI PiMmUSR-1394- NorthernColoradoConstructors.DOC STATE OF COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Depanment of Natural Resources 1313 Sherman St.,Room 215 Denver,Colorado 80203 C O L Ot o N DO Phone;(303)86€3567 RECLAMATION FAX:(3031832.8106 MINING est SAFETY Bill Ritter,Jr. January 30.2009 r nnemix Hauls D.Sherman Executive Director Mr.7 odd Yt Ronald W.cattany Division Director s lt:C-President Natural Resource Trus ee J& T Consulting.Inc. 1400 W. l22" Ave.. Suite 12() Westminster,CO 150234 Re: Verification of Financial Warranty for Northern Colorado Constructors, Inc.--NCCI Pit#1 Permit No.:,M-2(411-107.Weld County Dear Mr.Yee: In response to your inquiry regarding the amount of Financial Warranty currently held by the Division of Reclamation. dining. & Safety (Division) for Northern Colorado Constructors' NCCI Pit #1 in Weld County, I can provide the Following information. The amount of Financial Warranty required for the current phase of operation at the NCO Pit I has been sta by the Division at S947.991. Our records indicate that the Division currently has on file a total Financial Warranty in the amount of $1.143.537. Therefore. the amount of Financial Warranty currently held for this sue is sufficient to meet the Operator's reclamation obligations under the existing mining and reclamation plans. If you have any questions.you may call me at(3031866-3927.ext 8108. Sine erely. David Bird Iinvirc'.nmental Protection Specialist Office of Office of Mined Land Reclamation Oenvei • Grand Junuion • Durango Active and Inactive Mines • • Page l of l Michelle Martin From: Michelle Martin Sent: Thursday, January 22, 2009 9:51 AM To: Todd Yee' Subject: AMUSR-1394 Todd, According to my notes the only outstanding conditions besides the corrections to the plat are as follows: 1.C , 1.H , 1.1. Let me know if you have any questions. Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720)652-4211 Please tell us how we're doing: http://www.co.weld.co.us/departments/planning/comp improve comments.cfm 1/22/2009 • Page l of 3 Michelle Martin From: Todd Yee[toddyee@j-tconsulting.com] Sent: Tuesday, January 20, 2009 10:15 AM To: Michelle Martin Cc: Doug Graff Subject: RE: AmUSR 1394-Response Michelle, Bellow is a summary of how we addressed each comment contained in the referral: Paragraph 1 -No comments Paragraph 2 -No comments Paragraph 3 • A Landscape Plan was submitted to the County. • A copy of the DRMS Reclamation plan and Reclamation Plan Map was provided to the County. • A screening fence was incorporated around the concrete batch plant. It is planned that this will be either a cedar or vinyl fence. Paragraph 4 • Seed mix and methods of seeding were included in the Reclamation Plan provided to the County. • Erosion control devices and methods were shown and discussed on the Plat Maps and Landscape Plan. • Plant material types and quantities were shown on the Landscape Plan. • Weed control will be provided per the approved Weed Control Plan. Paragraph 5 • Materials blending will only occur inside the batch plant structures so no blowing or erosionary actions will occur due to the materials blending. Watering of the stockpiles of the imported materials will occur to keep the materials moist and reduce dust while the materials are transported from the stockpiles to the batch plants. Paragraph6 • Berms are not allowed in the floodplain/floodway. NCC has amended (and obtained approval) its FHDP to include the new facilities. • The comments regarding lights, dust, and noise impacts have been addressed in the Development Standards which have been incorporated into the Plat Maps.. Paragraph 7 Improvement agreements are addressed in the other Conditions of Approval. Thank you, and let me know if you need any other information or detail. Todd Yee J&T Consulting, Inc. 1400 W 122nd Avenue -Suite 120 Westminster, CO 80234 1/21/2009 • • Page 2 of 3 Office: 303-457-0735 Cell: 303-947-8742 Fax: 303-920-0343 Email: toddyee@j_tconsulting.com Web: www.j-tconsulting.com From: Michelle Martin [mailto:mmartin@co.weld.co.us] Sent: Monday, January 19, 2009 12:58 PM To: Todd Yee Cc: Doug Graff Subject: RE: AmUSR 1394 - Response Todd, Please go into some detail of how the USR is address the referral. Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720)652-4210 x 8730 FAX: (720) 652-4211 Please tell us how we're doing: httpJ/wwwco.weld.co.us/departments/planning/com� improvecomments_cfm From: Todd Yee [mailto:toddyee@j-tconsulting.com] Sent: Monday, January 19, 2009 9:26 AM To: Michelle Martin Cc: Doug Graff Subject: AmUSR 1394 - Response • Michelle, Per our discussion at our meeting Friday, January 16, 2009, please consider this email as written evidence that we have addressed the concerns of the Weld County Department of Planning Services, as stated in the Landscape referral response dated December 3, 2007, from Kim Ogle, Board of County Commissioners Resolution condition of approval item 1.K, concerning Northern Colorado Constructors AmUSR 1394 application. Please send me a brief reply for our records to confirm that you have received this email. Thank you, and please contact me if you have any questions or need further information. Todd Yee J&T Consulting, Inc. 1400 W 122nd Avenue - Suite 120 Westminster, CO 80234 Office: 303-457-0735 Cell: 303-947-8742 1/21/2009 ittit(1,,ri MEMORANDUM TO: Michelle Martin, Planning Services Dept. DATE: 14-January-2009 WIlD C FROM: Clay Kimmi, P.E., CFM, Public Works Dept. (;ft COLORADO SUBJECT: AmUSR-1394,NCCI Pit#1, Flood Hazard Development Permit Weld County Public Works Department has reviewed the Amended Use by Special Review(AmUSR) materials and has the following development referral comments. Comments made during this stage of the review process may not be all-inclusive, as revised materials will have to be resubmitted and other concerns or issues may arise during further review Drainage and Floodplain Requirements Floodplain: 1. The amended flood hazard development permit was conditionally approved on January 14, 2009. The applicant shall address the comments listed above during this Amended Use by Special Review process. Comments made during this stage of the review process may not be all-inclusive,as revised materials will have to be submitted and other concerns or issues will arise during further review. Any concerns must be resolved with the Public Works Department prior to recording the AmUSR Flat. PC'. Aml1 sip-1 lc;'1. N(CCI Pit l PC \m;I I')1' A(I i Pit;1 Grail&Orlginat l.4ev;(<l(oral(, I'uhhe Works Department 11;ck!c l/ardn_Plannine Sen ices Page I of 1 14-January-2009 m J'LANNING DF Ii.LOPMCVI RJIVIRUVUSR-l1,by Spenal Ris le, 1PIL SR-1194 NCR!Pit AnilI.94 NC(I Pit FI IDP NIL mo I-1109.doc • PUBLIC WORKS DEPARTMENT 10-Tht: 1111 H STREET, P.O. BOX 758 GREELEY, COLORADO 80632 ' WEBSITE: WWWWELD.CO.US PHONE: (970) 3 .CO. 0, EXT. 3750 C. .CO. FAX: (970) 304-6497 COLORADO January 14, 2009 Northern Colorado Constructors, Inc 9075 WCR 10 Fort Lupton, CO 80621 Re: Amended Flood Hazard Development Permit application (AmFHDP-481)—NCCI Pit Dear Mr. Rodel, The Weld County Public Works Department has reviewed the requested Flood Hazard Development Permit (FHDP)application for the proposed NCCI gravel pit expansion and associated office complex. The current FHDP application can be conditionally approved at this time based on the comments and requirements below. COMMENTS Applicant: Northern Colorado Constructors, Inc 9075 WCR 10 Fort Lupton, CO 80621 Request: Amended FHDP-481 in conjunction with AmUSR-1394 for a Mineral Resource Development facility (including a concrete and asphalt batch plant, materials blending, import of materials, and gravel mining in the A(Agricultural)Zone District Legal Description: Lots 3-7, part of lot 11, and all of lot 12 in Lupton Meadows Subdivision together with the former right of way of the Denver Larimer and Northwester railroad. All in Section 24, T2N, R67W of the 6th P.M., Weld County, CO Location: North of and adjacent to CR 18 and West of and adjacent to CR 25 FIRM Community Panel Map No. 080266-0866C and 080266-0868C, dated September 28, 1982 Parcel Number 131124101008, 131124101009, 131124101010, 131124101011, 131124101004, and 131124101012 Planning Department Please refer to the REQUIREMENTS section of this memorandum for specific instructions. Building Department Please refer to the REQUIREMENTS section of this memorandum for specific instructions. Public Works Department A FHDP application was submitted and received on December 12, 2008 and includes the following documentation: 1. A FHDP application (page 6) signed by Chris Rodel and dated December 10, 2008. Page I of 4 January I4,2009 M\PLANNING-DEVELOPMENT REVIEW\FHDP-Flood Hazard Development Permit\Am481 NCCI Pit\AmFHDP-481 NCCI Pit Conditional Approval 1-14- 09.doc 2. A FHDP report signed, dated, and stamped by J.C. York, P.E. No. 36846 and dated December 11, 2008. 3. Maps showing the location of the portable processing facility and stockpiles in relation to the South Platte Floodplain 4. A copy of the HEC-RAS model output. 5. A copy of the special warranty deed. 6. A copy of the water storage reservoir construction agreement. The following information was added to the FHDP file: 1. A copy of the FEMA FIRMette showing the approximate location of the gravel pit property. 2. A copy of the GIS map showing the location of the gravel pit property in relation to the South Platte River floodplain. The NCCI gravel pit will be located in the 100-year floodplain and floodway of the South Platte River north of and adjacent to WCR 18 and west of and adjacent to WCR 25. The project site is located on Flood Insurance Rate Map (FIRM) Panel Numbers 080266-0866C and 080266-0868C, dated September 28, 1982. All Special Flood Hazard Areas (SFHAs)for the project site are published on the current effective FIRM as Zone A, indicating that published base flood elevations (BFEs)are not determined. All FIRMS are prepared, distributed, managed, and revised by the Federal Emergency Management Agency (FEMA). Development activities located in a FEMA regulatory floodplain or floodway are subject to the requirements of Title 44 of the Code of Federal Regulations (CFR), Parts 60 and 65. The proposed operations will include a temporary modular office structure, sand and gravel processing plant, concrete and asphalt batch plant, truck scales and washout area, and on-site parking. All of these activities are located outside the floodway as delineated in the J&T Consulting Report dated December 11, 2008, and are approvable uses of the 100-year flood fringe. A detailed hydraulic analysis has been performed by J&T Consulting, and is documented in the Report supporting this FHDP application. The Report does not change the limits of the floodway or SFHA on FEMA's maps, but it does provide sufficient evidence to prove the open gravel pit, the interior roadway network and operating plan will not cause a rise in the BFE. All material and overburden stockpiles will be located in the flood fringe. J&T Consulting prepared a HEC-RAS computer model to approximate the flood flows upstream of, through, and downstream of the site. The upstream end of the model tied to the September 29, 1990 Flood Insurance Study (FIS)for unincorporated Weld County at cross section AD. The downstream end of the model tied to the Army Corps of Engineers 1977 Special Flood Hazard Information Report (SFHIR), South Platte River, Volume 1, Weld County, Colorado at cross section 67. All elevations were based on the 1929 NGVD datum. The model cross sections were created using a combination of USGS quadrangle, ground, and aerial survey topography. A total of 12 cross sections were input into the model. The model was allowed to interpolate additional cross sections between the entered cross sections. The 100-year discharge was determined to be 29,000 cfs. Three different models were constructed using the above information. An existing conditions model was prepared to show the baseline 100-year water surface elevations across the property prior to any mining activity being started on the site. A mining conditions model was prepared to show the effect of mining on the 100-year water surface elevations. The mining conditions model shows a 10 ft by 563 ft obstruction at cross section 4A to represent the concrete/asphalt batch plants and stockpiles and a 10 ft by 415 ft obstruction at cross section 5 to represent the aggregate processing plant and stockpiles. A future conditions model was prepared to show the effect of the water storage facility and pump house on the 100-year water surface elevations. The mining and future conditions model show that there will be no increase in the 100-year water surface elevations across the property when compared to the existing conditions model. Please refer to the Requirements section of this memorandum for further requests. Page 2 of Imwan 14.2009 M'.\PLANNING-DEVELOPMENT REVIEW\FHDP-Flood Hazard Development Permit Am481 NCCI Pil\AmEHDP-481 NCCI Pit Conditional Approval 1-14- 09.doc Environmental Health Environmental Health Services has reviewed this proposal. The application indicates this permit is for a gravel mining operation. Upon review of our records, there are no septic systems associated with the identified parcels. The installation of any septic system within the 100-year flood plain shall comply with the Weld County I.S.D.S. Regulations. No septic systems shall be installed within the floodway. REQUIREMENTS: Planning Department 1. All structures, including but not limited to the mine offices and the scale house shall provide an elevation certificate for all structures establishing that each structure is a minimum of one foot above the base flood elevation. 2. The FW (Floodway) District is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential. No development shall occur in the Floodway District with the exception of floodproofed Agricultural exempt buildings. Agricultural exempt buildings are defined in Chapter 29. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1) 3. Stockpiling of any material and long term parking of non-operational vehicles in the Floodplain is not permitted due to the highly erosional nature of placement of said material and vehicles in this location. Stockpiling of, and storage of, including parking of vehicles, trailers, tractors, ancillary equipment and materials in the Floodway is prohibited. 4. The uses allowed in the FP-1 and FP-2 (Floodprone) Districts shall apply for and receive approval of a Flood Hazard Development Permit. 5. Appropriate anchoring of transient equipment shall be required per established Codes and Ordinances from the appropriate regulatory agency. 6. All structures, including but not limited to the mine offices and the scale house shall provide an elevation certificate for all structures establishing that each structure is a minimum of one foot above the base flood elevation. 7. Installation of utilities shall comply with the conditions listed in the Flood Hazard Development Permit Certificate. The installation of any septic system within the 100-year flood plain shall comply with the Weld County I.S.D.S. flood plain policy. In accordance with the Colorado I.S.D.S. Regulations, no septic systems shall be installed within the floodway. 8. Construction shall comply with all requirements/conditions of the Weld County Building Code and other applicable Codes, Ordinances and standards. 9. All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. 10. Any future structures or land uses on site must obtain the appropriate zoning and building'permits. Building Department 1. All new structures constructed in the floodplain shall provide an elevation certificate establishing that the lowest floor level are a minimum of one foot above base flood elevation. 2. All new construction of buildings, structures and portions of buildings and structures, including substantial improvement and restoration of substantial damage to buildings and structures, shall be designed and constructed to resist the effects of flood hazards and flood loads. For buildings that are located in more than one flood hazard area, the provisions associated with the most restrictive flood hazard area shall apply. 3. For structures located in flood hazard areas, mechanical systems, equipment and appliances shall be located at or above the design flood elevation. Exception: Mechanical systems, equipment and appliances are permitted to be located below the design flood elevation provided that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the design Page 3 of 4 January 14,2009 M'.\PLANNING-DEVELOPMENT REVIEW\FHDP-Flood Hazard Development PermiMWm481 NCCI Pit\AmFHDP-481 NCCI Pit Conditional Approval 1-14- 09 doc • • flood elevation in compliance with the flood-resistant construction requirements of the International Building Code. Public Works Department 1. The current FHDP application must be amended for future reclamation development, or for any changes to the current documentation provided in the J&T Consulting Report dated December 12, 2008. An amendment to this FHDP for the reclaimed condition for the NCCI Pit site will be required should the final reclamation plan include any additional fill in either the floodway or the floodplain. 2. Any proposed development activities in the FEMA-defined 100-year floodplain and/or flood fringe may not cause an adverse rise in the BFE on adjacent or upstream properties or structures, as identified in Item 6 of the Floodplain Management Standards on Page 4 of the Weld County FHDP application instructions. Any adverse flooding impacts must be quantified in amended FHDP documentation, clearly identified on pertinent work maps stamped by a registered P.E., and be accompanied by written approval from impacted landowners. 3. Any future proposed berms, levees, overburden/topsoil stockpiles, material stockpiles, or riverbank protection features not identified on the maps submitted with this application must be approved through the amended FHDP process. 4. Any future buildings constructed in the floodplain will require an amended FHDP application and elevation certificates. 5. The detailed hydraulic analysis prepared by J&T Consultants and documented in the Flood Hazard Development Permit Application report dated December 11, 2008 shall be utilized as the best available information for future development activities in the South Platte River floodplain and floodway. Future updates to the hydraulic analysis, or approved Letters of Map Change (LOMCs) by FEMA, may supersede this information at any time. Environmental Health 1. The installation of any septic system within the 100-year flood plain shall comply with the Weld County I.S.D.S. Regulations. No septic systems shall be installed within the floodway. RECOMMENDATIONS: The current FHDP application can be conditionally approved at this time based on the comments above. Sincerely, L �tr✓I Clay Kimmi, P.E., C.F.M. Weld County Public Works Original: Northern Colorado Constructors Inc, Applicant CC to Files: AmFHDP-481 Am U S R-1394 PC by Post: J.C. York, P.E., J&T Consulting Kim Ogle, Planning Services Frank Piacentino, Building Inspections Dept. Lauren Light, Environmental Health Lin Dodge, Planning Services Page 4 of4 January 14,2009 M:\PLANNING-DEVELOPMENT REVIEW\FHDP-Flood Hazard Development Permit\Am481 NCCI PitWmFHDP-481 NCCI Pit Conditional Approval 1-14- 09.doc ,f • MEMORANDUM ITO: Michelle Martin, Planning Services Dept. DATE: 06-January-2009 C FROM: Clay Kimmi,P.E.,CFM, Public Works Dept. !%yam COLORADO SUBJECT: AmUSR-1394,NCCI Pit#1,Drainage Review#2 Weld County Public Works Department has reviewed the Amended Use by Special Review(AmUSR) materials and has the following development referral comments. Comments made during this stage of the review process may not be all-inclusive,as revised materials will have to be resubmitted and other concerns or issues may arise during further review Drainage and Floodplain Requirements Floodplain: 1. The applicant's engineer has submitted an application for an amended flood hazard development permit. The application is currently under review by Public Works,Planning,Building Inspections,and the Health Department. Drainage: 1. The applicant's engineer has addressed the comments in the drainage report and it appears to be acceptable. The applicant shall address the comments listed above during this Amended Use.:by Speckd iteview process: Comments made daring this stage of the review process may not be all-inclusive,as:revised materials will have to be submitted and other concerns or issues will arise during further review. Any::concerns must be resolved with the Public Works Department prior to recording the AmUSRPlat.* . Inc.:Amt Slt-I.94.NCCI Pit 1 PC:An:l i11)P-a£i1.NCC1 Pit t'l i;mai!&Urginal:Donald Carroll,Public Works Department Michelle:Mu Planning Service:, PC- t'ngincer: .!.(- York..18.:S f(:usi lting.Inc. Page I of 06-ranuarv-2009 M:,.PI.ANNIN6-DLVLL0PME>IT RF.VIFW.USR-U,c by Special Review,AmLSR-1394 NCCI Pit'AmUSR I394 NCCI Pit t)rrmage Rcvicw a?I-6-99.dot. • • ]�, j4 Plte iatt mepcirtw,.evv,t of PlavtvuLvvr0 services yule Rood NcizoVd AeveLopvmvut Pero AdvvdiAlstrciave Review COLORADO Applicant: Zadel Family LLLP Address: 14802 W. 44th Avenue, Golden CO 80403 Request: Amended Flood Hazard Development Permit number 481 in conjunction with An Amended Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development facility (including a Concrete and Asphalt Batch Plant, Materials Blending, Import of Materials and Gravel Mining) in the A (Agricultural)Zone District. (NCCI Pit#1) Legal Description: Lots 3-7, part of Lot 11 and all of Lot 12 in Lupton Meadows Subdivision together with the former right of way of the Denver Larimer and Northwester railroad all in Section 24, T2N, R67W of the 6th P.M., Weld County, CO Location: North of and adjacent to County Road 18 and west of and adjacent to County Road 25 FIRM Community Panel Map No. 080266-0866C and 080266-0868C dated September 28, 1982; 080266-0012 [Floodway] Project Parcel No.s: 131124101008, 131124101009, 131124101010, 131124101004, 131124101011, and 131124101012 The FW (Floodway) District is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential. No development shall occur in the Floodway District with the exception of floodproofed Agricultural exempt buildings. Agricultural exempt buildings are defined in Chapter 29. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1) Stockpiling of any material and long term parking of non-operational vehicles in the Floodplain is not permitted due to the highly erosional nature of placement of said material and vehicles in this location. Stockpiling of, and storage of, including parking of vehicles, trailers, tractors, ancillary equipment and materials in the Floodway is prohibited. The uses allowed in the FP-1 and FP-2 (Floodprone) Districts shall apply for and receive approval of a Flood Hazard Development Permit. Appropriate anchoring of transient equipment shall be required per established Codes and Ordinances from the appropriate regulatory agency. All structures, including but not limited to the mine offices and the scale house shall provide an elevation certificate for all structures establishing that each structure is a minimum of one foot above the base flood elevation. Installation of utilities shall comply with the conditions listed in the Flood Hazard Development Permit Certificate. The installation of any septic system within the 100-year flood plain shall comply with the Weld County I.S.D.S. flood plain policy. In accordance with the Colorado I.S.D.S. Regulations, no septic systems shall be installed within the floodway. Construction shall comply with all requirements/conditions of the Weld County Building Code and other applicable Codes, Ordinances and standards. • • All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Any future structures or land uses on site must obtain the appropriate zoning and building permits. (. Kim O le, P a ing December 15, 2008 NCCl/US 85 and WCR 18 • Page 1 of 1 Michelle Martin From: Hice-Idler, Gloria [Gloria.Nice-Idler@DOT.STATE.CO.US] Sent: Tuesday, August 19, 2008 8:34 AM To: Michelle Martin Cc: toddyee@j-tconsulting.com Subject: NCCl/US 85 and WCR 18 Michelle, I've reviewed and accepted the traffic impact study for this site. NCCI is currently working with me to design construction plans for a left deceleration and right acceleration lane. I expect that they will be obtaining an access permit in the very near future. Gloria Hice-Idler Permit Supervisor CDOT Region 4 1420 2nd Street Greeley CO 80631 (970) 350-2148 09/02/2008 • • Page 1 of 1 Michelle Martin From: Doug Graff[ddg@ncconstructors.com] Sent: Monday, August 04, 2008 3:45 PM To: Michelle Martin Subject: FW: Sand Hill Reservoir and Ditch Company Here is another try at sending this. From: Doug Graff Sent: Thursday, July 24, 2008 3:45 PM To: 'Michelle Martin' Subject: Sand Hill Reservoir and Ditch Company Hi Michelle: The Sand Hill Reservoir and Ditch Company is under the jurisdiction of the Northern Colorado Conservancy District. Eric Wilkinson is the General Manager of the District and is the individual that John Zadel and I met with several months ago. The letter and other documentation that you have copies of is our response to the District and their concerns expressed when John and I met with Eric. We have provided engineering data to demonstrate what believe to be an adequate mitigation of their concerns. Eric's phone number is 1-970-532-7700. Their office is located in Berthoud. Let me know if there is anything else I need to be doing concerning this item. Thanks for your help. Doug Graff 08/05/2008 • STATE O! COLORADO DEPARTMENT OF TRANSPORTATION REGION 4 TRAFFIC r I OT 1420 Second Street Greeley,Colorado 80631 (970)350-2163 RECEIVED Weld County/Highway 85 Northern Colorado Construction MP. 244.208 Permit#408123 November 25, 2008 Northern Colorado Construction 9075 WCR 10 Fort Lupton, CO 80621 Dear Northern Colorado Construction: I am pleased to inform you that your access project at mile marker 244.208 on State Highway 85 is accepted and considered complete by the Colorado Department of Transportation at this time. Thank you for your cooperation in complying with the permit process. The two-year warranty period will start on 11/19/08 and conclude on 11/19/10. Please contact me at(970) 350-2163 if you have any further questions or concerns. Lwi �cj y CLA/ I Tim Bilobran Assistant Access Manager CDOT Region 4 XC:File • • ,. 81•1._i PUBLIC WORKS OF:YAK{Nl!'\•t' 11 I I I STREET,P.O.BOX 758 ' UREELEY,COLORADO 80632 WhBStiE:WWW,4'U.WELD.CU1:S P1lONE:(970)356-4000,I:X'[.37511 FAX:(970)304-0197 COLORADO November 25,2008 Northern Colorado Constructors,Inc. c/o Doug Graff 3075 NCR 10 Fort Lupton CO 80621 RE.WCR 18&SH 85 Free-Right Project-Substantial Compliance Dear Mr.Graff: Weld County Public Works Department has performed a final inspection, at the above- mentioned site, and has found the project to be in conformance with the approved construction plans and the completed work to be acceptable. Please feel free to contact the Weld County Public Works Department. if you have any questions or concerns regarding this matter,at(970)304-6496 Sincerely. %! I by a ,/t'::,:, _. . Richard A.Hastings Compliance Specialist&Construction Inspector •.f .�aa.a .... i••w l'k!AA KH V%,n•K.glv•W'i.K:K R S!{K'!•ire Higl,i •SuMimi.d C'orip!ni nt wr 4.,OFD lop DEPARTMENT OF NATURAL RESOURCES `'�� Fe 9° DIVISION OF WATER RESOURCES / "r k Bill Ritter,Jr. * 2876 4 / Governor November 12, 2008 Harris D.Sherman Executive Director Dick Wolfe,P.E. Director Rachel Kullman Clear Water Solutions 8010 S. Country Road 5, Ste. 105 Windsor, CO 80528 RE: Substitute Water Supply Plan, NCCI Pit#1, M-2001-107 (WDID 0202566) Section 24, T2N, R67W, 6th P.M. Water Division 1, Water District 2, Weld County Approval period: January 1, 2009 through December 31, 2009 Contact phone number for Ms. Rachel Kullman: 970-223-3706 Dear Ms. Kullman: We have received your letter of October 31, 2008, requesting renewal of the above referenced substitute water supply plan to cover depletions caused by an existing gravel mining operation operated by Northern Colorado Constructors, Inc. ("Applicant"). The required fee of $257.00 for the renewal of this substitute supply plan ("SWSP") has been submitted (receipt no. 3634749). The original supply plan was approved on December 30, 2002 and the SWSP was most recently renewed on January 8. 2008. Plan Operation This plan seeks to replace depletions resulting from mining at the NCCI Pit #1 ("NCCI Pit" —WDID 0203016). There will be a dewatering trench around the active mining cell. Water from the trench will be collected in a process water pond then pumped to a sedimentation pond. After sedimentation, the water will be returned to Little Dry Creek where it will flow back to the South Platte River. In addition, the dewatering trench will include two 20 ft x 300 ft and two 20 ft x 200 ft ponds; another 100 ft x 200 ft pond will be used for process water for the concrete plant. The total exposed water surface at the site is 2.73 acres. In order to provide a buffer to neighboring wells from dewatering, the Applicant constructed two recharge ditches on the southern end of the property. The Applicant will place a portion of its dewatering water into these recharge ditches. Depletions at the site will result from evaporation, water lost in mined product, concrete production, asphalt production and dust control. The lagged depletions will be replaced using fully consumable effluent leased from the City of Thornton ("Thornton"). The reclamation plan for the NCCI Pit is to place a compacted clay liner around the interior of the mine slopes for the purpose of preventing groundwater seepage from entering the pit. The applicant has bonded for lining of the pit through the Colorado Division of Reclamation Mining & Safety. Office of the State Engineer 1313 Sherman Street,Suite 818•Denver,CO 80203• I'hone:303-866-3581 •Fax:303-866-3589 www.i.vaterstate.co.us Rachel Kullman November 12, 2008 Page 2 Depletions The anticipated consumptive use for this plan is 36.81 acre-feet per year for up to 2.73 acres of exposed water surface. You have provided a monthly breakdown of the maximum annual consumptive use totaling 8.09 acre-feet of evaporative loss from a maximum of 2.73 acres of exposed groundwater, 6.2 acre-feet for dust control. 14.72 acre-feet of water lost with 500,000 tons of mined product, 7.4 acre-feet for concrete production and 0.4 acre-feet for asphalt production. Depletions were lagged to the stream using a Glover analysis and assuming a distance to the stream of 3,300 feet, transmissivity of 150,000 gpd/ft, specific yield of 0.2 and no-flow boundary of 5,000 feet. Replacements The source of replacement water is fully consumable water leased from Thornton. The leased water from Thornton will be released from the Metropolitan Wastewater Treatment Plant ("Metro"). A 0.5% per mile transit loss (14% overall loss for the 28 miles between Metro and the point of depletion) was accounted for in the SWSP. The lagged depletions, include depletions resulting from past uses at the site, and the replacements are shown on attached Table 5. Conditions of Approval I hereby approve the proposed substitute water supply plan in accordance with Section 37-90-137(11), C.R.S., subject to the following conditions: 1. This SWSP shall be valid for the period of January 1, 2009 through December 31, 2009, unless otherwise revoked, modified, or superceded by decree. If this plan will not be made absolute by a water court action by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee by November 1, 2009. 2. The total surface area of the groundwater exposed at the NCCI Pit#1 Pit must not exceed 2.73 acres (in the dewatering trenches and ponds) during the approval period of this SWSP resulting in an annual evaporative loss of 8.09 acre-feet. 3. The annual amount of water used at the operation shall not exceed 6.2 acre-feet for dust control, 7.4 acre-feet for concrete production, 0.4 acre-feet for asphalt production and the total product mined shall not exceed 500,000 tons per year below the groundwater surface resulting in 14.72 acre-feet of water lost with the product. 4. Total consumption at the NCCI Pit#1 Pit must not exceed the aforementioned amounts unless an amendment is made to this plan. 5. Approval of this plan is for the purposes as stated herein. Any additional uses of this water must first be approved by this office. • • Rachel Kullman November 12, 2008 Page 3 6. The applicant shall maintain daily records of all diversions, replacements, and the amount of water used for each particular purpose. The applicant shall provide a report of these records to the division engineer and the water commissioners on a monthly basis on a form approved by them. The accounting must be submitted within thirty (30) calendar days of the end of the month for which the accounting is being made. In addition, the applicant shall submit a report from the City of Thornton. The reports shall include an accounting of all replacement water controlled by Thornton, showing the total volume of water under their control and the amount committed to each of the recipients of the water. 7. All diversions shall be measured in a mariner acceptable to the division engineer. The Applicant shall install and maintain such measuring devices as required by the division engineer for operation of this SWSP. 8. All releases of replacement water must be sufficient to cover all out of priority depletions and be made under the direction and/or approval of the water commissioner. The replacement may be aggregated to maximize beneficial use. The water commissioner and/or division engineer shall determine the rate and timing of an aggregated release. 9. The name, mailing address, and phone number of the contact person who will be responsible for operation and accounting of this plan must be provided on the accounting forms to the division engineer and water commissioner. 10. The approval of this substitute water supply plan does not relieve the Applicant and/or landowner of the requirement to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to ensure the permanent replacement of all depletions, including long-term evaporation losses and lagged depletions after gravel mining operations have ceased. If reclamation of the mine site will produce a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court at least three (3) years prior to the completion of mining to include, but not be limited to, long-term evaporation losses and lagged depletions. If a lined pond results after reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow. 11. This substitute water supply plan may be revoked or modified at any time should it be determined that injury to other water rights has or will occur as a result of this plan. Should this substitute water supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all excavation of product from below the water table, and all other use of water at the pit, must cease immediately. 12. Dewatering at this site will produce delayed depletions to the stream system. As long as the pit is continuously dewatered, the water returned to the stream system should be adequate to offset the depletions attributable to the dewatering operation. If dewatering at the site ceases, the delayed depletions must be addressed. At least three years prior to completion of dewatering, a plan must be submitted that specifies how the post pumping dewatering depletions (including refilling of the pit) will be replaced, in time, place and amount. Rachel Kullman November 12, 2008 Page 4 13. To assure that depletions from groundwater evaporation do not occur in the unforeseen event, or events, that would lead to the abandonment of the pit, a bond through DRMS for lining of the pit has been obtained. Therefore, in case of abandonment the bond can finance the completion of the lining of the pit or the backfilling, thus preventing depletions to the stream system. 14. In accordance with amendments to Section §25-8-202-(7). C.R.S. and "Senate Bill 89-181 Rules and Regulations" adopted on February 4, 1992, the State Engineer shall determine if this substitute water supply plan is of a quality to meet requirements of use to which the senior appropriation receiving the substitute supply has normally been put. As such, water quality data or analyses may be requested at any time to determine if the requirement of use of the senior appropriator is met. 15. The decision of the state engineer shall have no precedential or evidentiary force, shall not create any presumptions, shift the burden of proof, or serve as a defense in any water court case or any other legal action that may be initiated concerning the substitute water supply plan. This decision shall not bind the State Engineer to act in a similar manner in any other applications involving other plans or in any proposed renewal of this plan, and shall not imply concurrence with any findings of fact or conclusions of law contained herein, or with the engineering methodologies used by the Applicant. Should you have any questions, please contact Joanna Williams of this office or Mr. Dave Nettles of our Division office in Greeley at (970) 352-0742. Sincerely, Kevin G. Rein, P.E. Assistant State Engineer Attachments: Table 5 cc: Dave Nettles, Assistant Division Engineer, 810 9'h Avenue, Suite 200, Greeley, Colorado 80631, (970)-352-8712 Scott Edgar, Water Commissioner District 2 (1735 Dolores River Dr., Windsor, Co 80550, (970) 352-5558) Division of Reclamation, Mining and Safety KGR/JMW N Cm) c a - OW 1° ZG o o o o 0,0 o o0 o o o o Im O O O O O O O O O O O O a • u tu V c .. E , ... o g - ; y >. E j („) N 0O0 O? .- tOD N O in c0 1f) u-) tn alU L N N r '^ N N M V V 4- n7 M Mc^c o J E CO N _O 0) co = - N I'I CO M O) O c o COM M O t. t a t0 O U a) N N N N C7 ('7 117 u7 t17 117 <t .1- W u .J co `� o O O O O O O O O O 0 O ct V' o O 1n z6 a) 76 TO -o I- E E a o cco) _ co E -- W G CO m a coco N c0 coC cc c0 O V ,_. O CO _ _ t O d c) Q ip I� O M CO L.) O O Q) vt O H + O F— ° /9 '— r .— cV N Ch V Ch C7 M a 3 O Q 13 o)0 U a m Z � C o o to' - o 0) OE w c o c O ,n ca o c m @ N c O - 0 0 0 0 0 o g) 0 0 0 0 0 m 0° E w 0Uvt c c T c of a yy > 1O - v •≥ ci c° c O R1 O co a m O ' N C) Z O ~ N c co z m a M -3 ca. 2 a 2 —) —, < cn °' C V m I— I—F- GC Z p � 3ZZ 1 - - Z ¢mc�o 0 r . i o MEMORANDUM TO: Michelle Martin, Planning Services DATE: 7/29/2008 FROM: Donald Carroll, Engineering Administrator SUBJECT: AmUSR-1394, Zadel Family LLLP (NCCI Pit#1) I am responding to your email dated July 28, 2008, indicating that the applicant has completed all the requirements have been completed stated in the resolution for the AmUSR-1394 for Public Works. In reviewing the Amended Conditions and Development Standards, Item No. 1-I, the applicant shall enter into an Improvement Agreement According to Policy Regarding Collateral and shall post adequate collateral for all required improvements. This item has not been completed. The applicant indicated that there would be a concrete and asphalt batch plant. As a part of the improvements in my letter dated December 11, 2007, the approach to the asphalt and concrete batch plant shall be surfaced with asphalt or concrete and shall have adequate turning radiuses with paving to the scale house and loading dock. If the applicant chooses not to construct one or both of these items at this time, the plat should reflect both locations as being future and collateral posted prior to improvements. Storm Water Drainage: Clay Kimmi will follow-up with the memo dated January 8, 2008, from Brian Varrella on the outstanding items that are associated with storm water drainage and FHDP permit. Please contract Clay in our Drainage Division # 3741 for follow-up. If the applicant chooses to set up a meeting with the Public Works Department and Planning Services, usually a Thursday or Friday is the scheduling day. pc: Clay Kimmi, Public Works Am USR-1394 M1PLANNING—DEVELOPMENT REVIEIMUSR-Use by Special Review\AmUSR-1394-A.DOC • • - /rr NORTHERN COLORADO CONSTRUCTORS, INC, 9075 WCR 10*Fort Lupton,CO 80621 303-857-1754 FAX: 303-857-2933 July 28, 2008 Michelle Martin, Planner Weld County Department of Planning Services 4209 CR 24 1/2 Longmont, Colorado 80504 RE: Amended Special Review Permit #1394 Dear Michelle: This letter is in response to DCP Midstream's referral response dated November 30, 2007. Zadel Family, LLLP and Northern Colorado Constructors, Inc. recognize and are aware that DCP Midstream has several gas lines that are located on the property of the Amended Special Review Permit #1394. All precautions will be taken in regard to their gas lines including calling for gas line locations, pot holing if that is required and all other excavation precautions that may be necessary. c ely, Doug as . raff, Sen or Executive • • Page 1 of 1 Michelle Martin From: Lauren Light Sent: Friday, July 25, 2008 3:59 PM To: Michelle Martin Subject: RE: AMUSR-1394 Yes it is. I just this second signed off on septic permits. All Environmental Health Department items have been met. Lauren Light Environmental Planner, Environmental Health Services Weld County Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 970-304-6415 Ext. 2211 (office) 970-304-6411 (fax) From: Michelle Martin Sent: Friday, July 25, 2008 3:52 PM To: Lauren Light Subject: AMUSR-1394 Hi Lauren, The applicant has indicated that all the requirements in the resolution for AMUSR- 1394 for the Health Dept. have been completed. Is this the case? Thanks. Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720) 652-4211 07/25/2008 ❑�❑ Kimley-Horn and Associates, Inc. July 17,2008 • Sate 1050 950 Seventeenth Street Denver,Colorado 80202 CDOT Region 4—Traffic and Safety 1420 2nd Street Greeley,CO 80631 Attn: Gloria Hice-Idler Re: Aggregate Mining/Processing Facility and Concrete and Asphalt Batching Facility,Weld County,Colorado Auxiliary Turn Lane Assessment—Revised to include Passenger Car Equivalents(PCE) Dear Ms. Hice-Idler: This letter presents the results of an auxiliary turn lane assessment for a proposed aggregate mining/processing facility and concrete and asphalt batching facilities located north of Fort Lupton in Weld County,Colorado. The letter has been revised from the April 2008 submittal to include passenger car equivalents for site generated project traffic,as requested by CDOT. The facilities are located west of SH-85 and north of WCR 18 along the west side of WCR 25. Figure 1 attached identifies the project location.A site plan is also attached further illustrating the project location. CDOT staff identified the intersection of State Highway 85(SH-85)with Weld County Road 18 (WCR 18) for evaluation in this auxiliary turn lane assessment. According to the State Highway Access Category Assignment Schedule, SH-85 is a category E-X(Expressway,Major Bypass)roadway in the project vicinity. SH- 85 has a posted speed limit of 65 miles per hour and provides two lanes of travel in each direction through the key intersection. The intersection of WCR 18 with SH-85 operates with stop control along the westbound and eastbound approaches of WCR 18. There arc currently left and right turn deceleration lanes and right turn acceleration lanes both northbound and southbound along SH-85 at WCR 18. In addition,there is a southbound acceleration lane for westbound to southbound left turning vehicles from WCR 18 onto SH-85. The existing intersection configuration and control at the key intersection is shown in attached Figure 2. Existing peak hour turning movement counts were obtained at the key intersection of SH-85 and WCR 18 on Thursday, March 13, 2008 during the morning and afternoon peak hours. These volumes are shown in Figure 3, with the count sheets attached. ■ TEL 303 228 2300 FAY 303 446 8678 • • _❑ Kimley-Horn and Associates, Inc. Ms. Gloria Hice-Idler,July 17, 2008,Page 2 As required,the 20-year, 2030 background traffic volumes were obtained by growing the existing peak hour volumes along SH-85 at a 1.9 percent annual growth rate. This growth rate was calculated using the 20-year growth factor of 1.47 as provided on the Colorado Department of Transportation website along SH-85 in the site vicinity(CDOT traffic information is attached).Background traffic volumes for the 2030 horizon year are shown in Figure 4,which represent possible future traffic volumes if no other projects develop adjacent to the key intersection other than what is accounted for within the 20-year traffic growth rate. Site-generated traffic estimates are determined through a process known as trip generation. For this study,Kimley-Hom used information provided by the client to determine the number of vehicles anticipated to enter and exit the site during the morning and afternoon peak hours. According to CDOT access code,a passenger car equivalent of 3 for each bus and all trucks and combinations of 40 feet in length or longer or a passenger car equivalent of 2 for each vehicle or combination at or over 20 feet in length but less than 40 feet shall be used. Therefore,passenger car equivalents have been provided in this revised auxiliary turn lane analysis. The following provides the trip generation estimates. Employee and Visitor Traffic It is expected that the aggregate mining/processing facility will operate with one shift and employ a maximum of 10 people. In addition, it is expected that the concrete and asphalt batching facilities will operate with one shift each with a maximum of 10 employees each. Therefore,there will be a maximum of 30 employees on the site on any given day. There will be approximately 10 visitors per week on the site,which equates to approximately 2 visitors per weekday. However,it is likely that these visitor trips will not occur during the morning and afternoon peak hours. For purposes of estimating passenger car equivalents, it was assumed that all employee and visitor traffic would be passenger cars less than 20 feet in length. The standard operating hours will be 7 am to 7 pm for all facilities on the site. Federal Highway paving projects are often requited to conduct their work activities at night to minimize the impacts to traffic flows. Therefore,the batching facilities may occasionally operate during second and third shifts if work on these types of projects is done. Truck Traffic for Aggregate Mining/Processing Facility Trucks accessing the aggregate mining/processing facility will be a combination of 16-ton haul trucks and 22-ton haul trucks. Occasional trips will be made by mechanic's trucks, fuel trucks, etc. It is anticipated that the 16-ton haul trucks will make a maximum of 15 trips per day to the site. The 22-ton haul trucks will make a maximum of 35 trips per day to the site. It is anticipated that the mechanical trucks, fuel trucks, etc. will make a maximum of 4 trips per day to the ❑ � Kimley-Horn Ms. Gloria Hice-Idler,July 17, 2008, Page 3 and Associates, Inc. site. This equates to a total maximum of 54 truck trips per day or 108 roundtrips per day(in and out). For purposes of estimating passenger car equivalents, the 16-ton haul trucks are between 20 and 40 feet in length, the 22-ton haul trucks are over 40 feet in length, and the mechanical/fuel trucks are between 20 and 40 feet in length. Therefore, applying the passenger car equivalents from the CDOT Access Code of 2 for trucks between 20 and 40 feet and 3 for trucks over 40 feet results in a total maximum of 286 roundtrips per day(in and out). Truck Traffic for Concrete Batching Facility Trucks accessing the concrete batching facility will be a combination of 32-ton mixer trucks and 22-ton product delivery trucks. Occasional access will be made by mechanic's trucks, fuel trucks, etc. It is anticipated that the 32-ton mixer trucks will make a maximum of 60 trips per day to the site. It is anticipated that the 22-ton product delivery trucks will make a maximum of 4 trips per day to the site. It is anticipated that mechanical trucks,fuel trucks,etc. will make a maximum of 4 trips per day to the site. This equates to a total maximum of 68 truck trips per day or 136 roundtrips per day(in and out). For purposes of estimating passenger car equivalents,the 32-ton mixer trucks are between 20 and 40 feet in length,the 22-ton product delivery trucks are over 40 feet in length,and the mechanical/fuel trucks are between 20 and 40 feet in length. Therefore,applying the passenger car equivalents from the CDOT Access Code of 2 for trucks between 20 and 40 feet and 3 for trucks over 40 feet results in a total maximum of 280 roundtrips per day(in and out). Truck Traffic for Asphalt Batching Facility Trucks accessing the asphalt batching facility will be a combination of 16-ton haul trucks,22-ton haul trucks,and 22-ton product delivery trucks. It is anticipated that the 16-ton haul trucks will make a maximum of 80 trips per day. The 22-ton haul trucks are anticipated to make a maximum of 60 trips per day. The 22-ton product delivery trucks will make a maximum of 60 trips per day to the site. It is anticipated that the mechanic's trucks, fuel trucks,etc.will make a maximum of 4 trips per day. This equates to a total maximum of 204 truck trips per day or 408 roundtrips per day(in and out). For purposes of estimating passenger car equivalents, the 16-ton haul trucks are between 20 and 40 feet in length, the 22-ton haul trucks are over 40 feet in length, the 22-ton product delivery trucks are over 40 feet in length,and the mechanical/fuel trucks are between 20 and 40 feet in length. Therefore,applying the passenger car equivalents from the CDOT Access Code of 2 for trucks between 20 and 40 feet and 3 for trucks over 40 feet results in a total maximum of 1,056 roundtrips per day(in and out). • • ❑—❑ Kimley-Horn Ms. Gloria Hice-Idler,July 17, 2008, Page 4 and Associates, Inc. Peak Hour Traffic Estimates For purposes of estimating the employee traffic during the morning and afternoon peak hours, it was assumed that each employee would enter the facility during the morning peak hour and depart during the afternoon peak hour. In addition, it is likely that some employees may leave during the lunch hour due to the close proximity of the City of Fort Lupton. These trips were included in the daily roundtrips in the following table,assuming approximately 3 trips per day per employee since all employees will not likely leave during the lunch hour. For purposes of analyzing truck traffic during the morning and afternoon peak hours, it was assumed that approximately ten (10)percent of the daily truck traffic would occur during the morning and afternoon peak hours of the facility. The following table summarizes the estimated trip generation for the proposed aggregate mining/processing facility and the concrete and asphalt batching facilities. Aggregate Mining/Processing & Asphalt and Concrete Batching Facilities Anticipated Weekday Operations AM Peak Hour PM Peak Hour #of Trips Daily Passenger Car Equivalent(PCE) Roundtrips In Out Total In Out Total Employee Trips All Facilities 90 30 0 30 0 30 30 PCE 90 _ 30 0 30 0 30 30 Visitor Trips 10 visitors per week 4 0 0 0 0 0 0 PCE 4 0 0 0 0 0 0 Truck Trips Aggregate Mining/Processing Facility 108 6 5 11 5 6 11 PCE 286 16 14 30 14 16 30 Concrete Batching Facility 136 7 7 14 7 7 14 PCE 280 15 15 30 15 15 30 Asphalt Batching Facility 408 21 20 41 20 21 41 PCE 1,056 55 52 107 52 55 107 Total Trips 746 64 32 96 32 64 96 PCE 1,716 116 81 197 81 116 197 Distribution of site generated traffic on the street system was based on the existing traffic volume counts to and from WCR 18 west of SH-85 and the proposed access system for the site. The directional distribution of traffic is a means to quantify the percentage of site-generated traffic that approaches the site from a given direction and departs the site in the same direction. Figure 5 illustrates the expected project trip distribution for the site. Traffic assignment was obtained by applying the distributions to the estimated traffic generation of the development. Traffic volumes are shown for both vehicles and passenger car equivalents(PCE). Traffic assignment is shown in Figure 6. Site traffic volumes were added to the background volumes to represent estimated traffic conditions for the long term ❑ ❑ and As•Hcrn Ms. Gloria Nice-Idler,July/7, 2008, Page 5 and Associates, Inc. 2030 horizon year as shown in Figure 7. Traffic volumes are shown for both vehicles and passenger car equivalents(PCE). According to the State Highway Access Code for category E-X roadways,the following warrants exist for auxiliary turn lanes at the intersection of SH-85 with WCR 18: • A left turn deceleration lane including deceleration, storage,and taper length is required for any access with a projected daily left ingress turning volume greater than 10 vehicles per day. The taper length is not included within the required given deceleration length. • A right turn deceleration lane with taper is required for any access with a projected peak hour right ingress turning volume greater than 10 vehicles per hour. The taper length is not included within the required given deceleration length. • A right turn acceleration lane with taper is required for any access with a projected peak hour right turning volume greater than 10 vehicles per hour. The taper length is not included in the required given acceleration length. According to the Access Code, auxiliary turn lane warrants are based on passenger car equivalents(PCE). Given the warrants contained in the Access Code, the E-X(Expressway,Major Bypass)highway designation of SH-85,the 65 mph posted speed limit, along with anticipated intersection traffic volumes,the following auxiliary turn lane warrants are met: • A northbound to westbound left turn deceleration lane is warranted at the intersection of SH-85 with WCR 18. According to the Access Code,this left turn deceleration lane should provide 170 feet of storage and 800 feet for deceleration plus a 25 to I taper. • A southbound to westbound right turn deceleration lane is warranted at the intersection. According to the Access Code,this right turn deceleration lane should provide 800 feet for deceleration plus a 25 to 1 taper. • A southbound acceleration lane for eastbound to southbound right turning vehicles is also warranted at the intersection. According to the Access Code,this right turn acceleration lane should provide 1,380 feet for acceleration plus a 25 to I taper. These lanes exist today. In addition, there are current improvement plans for this intersection to lengthen the northbound to westbound left tum lane. These plans are attached for reference. The northbound to westbound left turn deceleration lane is currently planned to provide 850 feet for a full lane width plus a 300 foot ❑ Kimley-Horn Ms. Gloria Hice-Idler,July 17, 2008, Page 6 and Associates, Inc. taper(25:1 assuming a 12 foot lane width). To meet code requirements based on traffic volume projections with the addition of project traffic, this northbound to westbound left turn lane would need to provide 970 for a full lane width plus a 300 foot taper. The southbound to westbound right turn deceleration lane currently provides 800 feet for a full lane width with a 300 foot taper. Therefore, this lane is believed to be in compliance with current code requirements. The southbound acceleration lane for eastbound to southbound right turning vehicles currently provides approximately 1,250 feet for a full lane width with a 300 foot taper. Therefore, this lane may not be in compliance with current code requirements. If desired,CDOT may request that the length of this acceleration lane be verified for Code compliance. However, since this is an existing condition and not a result of the addition of project traffic no modifications to this turn lane are being recommended. If you have any questions relating to this analysis,please call me at(303) 228- 2300. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. �� o�PpO LICE 78F, s&...11.148' ir.,• O tr • Elizabeth Rodriguez,P.E. i '. 40239 g' 1 7 i1 Traffic Engineer I' • ,t`IVIA •Fj f tt o90• ;G Attachments t' SIONA �' 4�F l 1 NORTH Nis 096115.001 1.i1.• a3 4. .. > pp!!��LL.�uu;;� 1 - T ('' ¶ L. . w) WCR 18 p•,_ .,...t; 1 1, �\ 3 ' •.'I",A, ..(:w 4.r r • � - • . 1 -4•9 11' :'i j r r i., i •"x k '' I• WCR i6 ',:: i ::.•.7 k b' . } S / ii -.......1..?..e...?.. t p . • .., . q f +j y FIGURE 1 SH-85 & WCR 18 BATCH PLANT VICINITY MAP ❑_n Klmley-Horn ..J _ and Assona[es, Inc. 61Cad All NORTH NTS 096115.001 PROJECT 0 / 99 LOCATION z O 3 WCR 18 • 1 1 a cc --a OA' .I 900 —D 5 CO 65 - MR 16 14 _. 5 a C 14th Street 1 Y f I I I I 1 T 9th Street / J O .; k 4- � ---, O py L LEGEND: 1 Study Area Key Intersection Project IStop—Controlled Intersection Approach kik BIEED Posted Speed Limit FIGURE 2 SH-85 & WCR 18 BATCH PLANT EXISTING LANES AND CONTROL Connan d A—Horn r_1 and Assouol es, Inc. Negai WORT NTS 096115.001 PROJECT 7 LCCA11 W a: U 3 WCR to • 1 1 ciC -a • PO Pe - P - Lig CO - MR 16 cc O (11 / 14th Sheet 1 Thursday, March 13, 2008 7:00-8:00 AM and 4:45-5:45 PM J i0(16)m 3(3) L/ I ci —222(226) 3(10) 2 2(3)_ s3(e>)--s S 1 LEGEND: • 1 Study Area Key Intersection E— XX (XX) AM(PM) Peak Hour Traffic Volume FIGURE 3 SH-85 & WCR 18 BATCH PLANT 2008 EXISTING TRAFFIC VOLUMES ❑_❑ Kimley—Horn _ and Associates, Inc. rigs NORTH RTS 096115.Oa1 PflOJECT _ LOCATION u WCR16 • -- 1 4 9646 ev D 90$ 4 2 w -_ WCR 16 0 \\ J 14th Street /I / J MVO 1-3 f p E— () ly ICI 2 3x(18) 3(1°2(3) 51(87)—j oZS 7 a n m - m LEGEND: • I Study Area Key Intersection E— XX (XX) AM(PM) Peak Hour Traffic Volume FIGURE 4 SH-85 & WCR 18 BATCH PLANT 2030 BACKGROUND TRAFFIC VOLUMES ❑_❑ Kimsey—Horn 1 .J_ and Associates, Inc. / 1 EWCI NORTH / NTS 096115.001 PROr)ECT LOCATION ¢ 0 I - � WCR 10 1 — e Obi PHe -J 5 7 WCR 16 _ 14th Street /I 2 0 4— W 1 i (10S)21 T I w LEGEND: • 1 Study Area Key Intersection E— XX%(XX7,) Entering(Exiting) Percentage of Vehicles FIGURE 5 SH-85 & WCR 18 BATCH PLANT PROJECT TRIP DISTRIBUTION ❑_❑ Kimley—Horn _ and Associates, Inc. NORTH LIANA NTS 096115.001 PROJECT ,a .-. LOCA 77ON r O WCR 18 • - a et a �P pa 0 m WCR 16 7 u - CV d O / 14th Street e 3(e) I I 29(58) Passenger Car Equivalents (PCE) J &' )� I LEGEND: 73(1a4)---, • 1 Study Area Key Intersection E— XX (XX) AM(PM) Peok Hour Traffic Volume FIGURE 6 SH-85 & WCR 18 BATCH PLANT PROJECT TRAFFIC ASSIGNMENT ❑ Kimley-Horn -� .0n and Associates. Inc. ..4411 NORTH NTS 096115 O01 PROJECT ` LOCATION a - u WCR 18 Q Paet 4 ape _ co WCR 16 `m O / 14th Street 21 n R--10(16) ) C 22O 22( � 6) 6(16) R` T 2(3) 1 62(145)—N m Passenger Car Equivalents (PCE) 911 1Z11016) 3(3) r ,�- 22(26) II(22)� T ( LEGEND: x3) 3 _ 126(191) a m m � 1 Study Area Key Intersection ' m XX (XX) AM(PM) Peak Hour Traffic Volume FIGURE 7 SH-85 & WCR 18 BATCH PLANT 2030 BACKGROUND PLUS PROJECT TRAFFIC ❑_❑ Kimley—Horn - and Associates. Inc. • - • x,, . , R 67 W�� R 66 W ,:ego. t •.672 S? ., 't,} i `‘ „,... ., ':',47 ,, 1 • \*.------- 1 r � '}i � .t. fj � t { ` v ` ° c �` . -' A ° r 1 S I rl c T 2 N � o �s";'. j-.;` ,?.-#.10-5:- . .F4 +__CR 18 `'\ ` 1 _• - cool fit '• t I - a;J i i ..\ :•t•,1 ..,: .. • ' ill ! 1 r. .';` _ L. I �,• . j ..�,;. ' . f X81 ? . I • ., 11 i 1 ►: ) o h CEO.-_. ij .• �t4t •�•%.. . o i ; r' :, i.•»...a P. i v ' i 11'� .1 + ((II t e ft j' '.I: {t� 30, .• -. T•. tY.r. 'r..- .; V' .• ...f .....rte... `.! I �...:. { -e. 'Iii... ... 0 ''t•° , ,. t i, a .% \ I yt !' }S,' �\ f , �`r�,.Ni ` -,. r �p 9r I , J , t ~f ti t 1 i. rR�J • • X93. ?.si ii''31 I / • f I � r,s - , • J ,�'i . !' G c li f FORT LU PTON "4,1. •# ••.- •• -•,•/:x hoe .4.. i. 'I 1 .-' '•/ - • s- it _ 1 t tl. 1 2000 1000 0 2000 t ' ILIMIIS -Figure 1 SCALE IN FEET Dote; 1D/17/07 M J&T Consulting, Inc. Northern Colorado Constructors, Inc. Job No: 06109 NCCI Pit #1 Drawn: WSS 1400 W 122nd Avenue-Suite 120 Westminster.CO 80234 Vicinity Map Scale: 1" = 2000' 303-457-0735 Sheet: 1 Of: 1 All Traffic Data File Name : US85&CR18_AM Site Code : 00000000 Start Date : 3/13/2008 Page No : 1 Croups Printcd-CARS-TRUCKS-CTV US85 CR 18 US85 CRIB Southbound Westbound Northbound Eastbound ': Start Time Left Thru Right Peds Left Thru Right Peds Left Thru Right Peds Left Thru Right Peds Int.Total 07:00 AM 3 195 2 0 6 0 2 0 13 122 1 0 0 0 17 0 361 07:15 AM . 0 186 1 0 2 2 5 0 17 142 0 0 2 1 17 0 375 07:30 AM ' 2 174 3 0 7 1 2 0 20 152 5 0 1 0 17 0 384 07:45 AM I 4 197 2 0 7 0 1 0 15 166 4 0 0 1 2 0__. 399 Total 9 752 8 0 22 3 10 0 65 582 10 0 3 2 53 0 ' 1519 08:00 AM ' 2 138 2 0 2 1 2 0 10 137 1 0 0 1 7 0 303 08:15 AM 0 132 4 0 3 1 2 0 23 126 3 0 1 1 18 0 314 08:30 AM 0 125 2 0 1 1 1 0 12 116 7 0 3 0 16 0 284 08:45 AM. 0 117 2 0 3 0 2 0 10 126 3 0 5 0 14 0 _ _ 282 Total 2 512 10 0 9 3 7 0 i 55 505 14 0 9 2 55 0 ! 1183 Grand Total 11 1264 18 C 31 6 17 0 120 1087 24 0 12 4 108 0 I 2702 Apprch% 1 0.9 97.8 1.4 C 57.4 11.1 31.5 0 9.7 88.3 1.9 0 9.7 3.2 87.1 0 Total ! 0.4 46_8 0.7_ --- 0 •---1.1 0.2 _ 0.6 01 4.4_..40.2 09 0. O4 .0_1 4 0 CARS 10 1092 13 30 6 17 0', 63 940 17 0 i 8 4 58 0! 2258 _ %CARS i 90.9 86.4 72.2 0 96.8 . 100100_ _0_ 52.5 86_5 . 706 _ 0 . 66.7 100 53.7 083_6. TRUCKS 1 172 5 0 1 0 0 0 46 147 7 0 11 3 0 35 0 . 417 %TRUCKS _-- 9.113.6 27.8 0•__ -3.2 0 0 038.3_._.13_529.20 , 25 _-_0 32.4 0 ., 15_4_ CTY 0 0 0 0 0 0 0 0' 11 0 0 0j 1 0 15 0 i 27 %CTY • 0 0 0 0 0 0 0 O, 9.2 0 0 0 8.3 0 13.9 0 ', 1 US85 ' Out _In,., :IS 965 j 1115, 2080! 150 i 178 326, 1 0 1.116 129ai 24091 13I 1092' 101, 01 5 172 1' 0 0 0 0I 0!: __18--lite! _.II 0' • Right Thru Len Peds 1 '4 A IO FI ,'ice bomwhg - _—- -- - - North -1 a voo2 / 3/13/2008 0]:00 AM 1' 01 2- _ 3/13/2008 08:45 AM _'0 0 p a �$ic I o - E 0 9, CARS m '� TRUCKS o omh 1- .00 TVrip y n C 0 aom•_ 1 1 Left Thru Right Peds 63 940 17 0 46 147 7 0 11 0 0 0 120 1097 24 0 1160 1020 2200 206 200 408 15 11 26 1403 1731 2634 Out In Total 'MI5 -till Traffic Data File Name : US85&CR18AM Site Code : 00000000 Start Date : 3/13/2008 Page No : 2 US85 CR 18 US85 CR 18 Southbound Westbound Northbound Eastbound Start Time Left Thru Right_ Pads e.s r.w Left Thru Right Peds yp req Left Thru Right P tls ae¢,for Left Thru Right Peas am MIN int.rmai Peak Hour Analysis From 07-00 AM to 08:45 AM-Peak 1 of 1 Peak Hour for Entire Intersection Begins at 07:00 AM 07:00 AM 3 195 2 0 200 6 0 2 0 8 13 122 1 0 136 0 0 17 0 17 361 07:15 AM 0 186 1 0 187 2 2 5 0 9 17 142 0 0 159 2 1 17 0 20 375 07:30 AM 2 174 3 0 179 7 1 2 0 10 20 152 5 0 177 1 0 17 0 18 384 07:45.AM 4 197 2 0 203 7 0 1 0 8 15 166 4 0 185 0 1 2 0 3 .399 ot Total Volume 9 752 8 0 769 22 3 10 0 35 65 582 10 0 657 3 2 53 0 58 1519 %App Total 1.2 97.8 1 0 62.9 8.6 28.6 0 9.9 88 6 1.5 0 5.2 3.4 91 9 0 PHF .563 .854 .667 .000 94] .786 375 500 .000 875 .813 877 .500 D00 888 375 .500 779 .000 72@ 952 US85 Out In ToSa1, 595, 769. 1364. ..n 752r 91 Right Thru Lett Peels ', 4te Peak Hour Data _fel e1 l� J g �� North ~ n Peak Hour Begins at 07:00 AM ' 3p U c m m � CARS -- TRUCKS flu o o' a STY _ m1, as 4- -, Left Thru Right Petls, 65 582F 19.. 0 827 _§}1 1964' Out In Total 11565 . A • 1-A1t Traffic Data' File Name : US85&CR18_PM Site Code : 00000000 Start Date : 3/13/2008 Page No : 1 _ Croups Printed-CARS-TRUCKS-CTY US85 CR 18 US85 CR 18 Southbound Westbound Northbound Eastbound Start Time Left Thru Right Peds Left Thru Right Peds Left Thru Right Peds Left Thru Right Peds Inl.Total 04:00 PM 1 131 4 0 4 1 2 0 13 190 2 0 1 0 14 0 363 04:15 PM 2 126 3 0 7 2 1 0 15 202 4 0 2 2 20 0 ' 386 04:30 PM 3 147 6 0 7 1 1 0 14 187 2 0 2 0 20 0 390 04:45 PM 1 167 2 0 7 1 5 0 19 205 4 0 2 0 25 0 438 Total 7 571 15 0 25 5 9 0 61 784 12 0 7 2 79 0 1577 05:00 PM 2 162 2 0 9 2 5 0 19 183 3 0 2 1 27 0 417 05:15 PM 3 153 3 0 5 0 4 0 17 203 3 0 2 2 19 0 414 05'30 PM 1 161 2 0 5 0 2 0 15 184 3 0 4 0 16 0 393 05:45 PM 2 145 3 0 1 0 2 0 15 181 . __,.3 0 4 1 23 0 380 Total 8 621 10 0 20 2 13 0' 66 751 12 0 12 4 85 0 1604 Grand Total . 15 1192 25 0 45 7 22 0 127 1535 24 0 19 6 164 0 3181 Apprch% 1.2 96.8 2 0 60.8 9.5 29.7 0 I 7.5 91 1.4 0 10.1 3.2 86.8 0 TotaIl%, 0.5 37.5 0.8 0 1.4 0.2 0.7 0 4 48.3 0.8 0 0.6 0.2 5.2 0 CARS ''. 10 1009 16 0 ' 38 7 19 0 64 1331 17 0 7 6 65 0 ' 2589 CARS 66.7 84.6 64 0 84.4 100 864 0 50.4 867 70.8 0: 36.8 100 39.6 0 81.4 TRUCKS 'i 5 183 9 0 '', 7 0 3 0'' 48 204 7 0 11 0 76 0 553 %TRUCKS 33.3 154 36 0 ! 15.5 _0 13.6 01 37.8 13.3 29.2 0 57.9 0 463 0 ' 17_4 CTY 0 0 0 0 . 0 0 0 O I 15 0 0 0 ' I 0 23 0 39 %GTY '' 0 0 0 01 0 0 0 0' 11.8 0 0 0 5.3 0 14 0 1.2 U585 Oul In ., Totol 1357' 1035' 23921 218' 1971 1 915 11 0 I 1 1. . 1576' 1_j32: 28081 16'1 1009',, 10' 0'1 9, 183 5 01 ' 0l_ 0'. 01 _ ,J _251. tiezl_ 151 __p Right lllm Left Pede ' 4- 01�. 3 'Iom ' o olio , North _. m :/ioNul` m cm mr,w! 12 m I- 3/13/200804:00 PM /-- a. __. n 3/13__ /200805-45 PM • . -1 c 99 Im.1N f-J A00A 66��Jm o m^ . CARS -L.- ÷ �l.'o-4m RUCKS 0 m ie ,- - o CTV z o of 41 m1m 0. a0000 Len Thru Right Peds 64 1331 17 0 48 204 7 0 15 0 0 0 127 1535 24 0 1112 1412 2524 266 259 525 23 15 38 1401 1686 3087 Out In lolal 11505 • • • ' All Traffic Data File Name : US85&CR18_PM Site Code : 00000000 Start Date : 3/13/2008 Page No : 2 US85 CR 16 US85 CR 18 Sou thbound Westbound Northbound Eastbound Start Time Left Thru Right Pads —Tow Left Thru Right Reds Apo TOW Left Thru Right Pegs MG MIS Left Thru Rlqhl Reds µp.rem tut.TOW Peak Hour Analysis From 04:00 PM to 05:45 PM-Peak 1 of 1 Peak Hour for Entire Intersection Begins at 04:45 PM 04:45 PM 1 167 2 0 170 7 1 5 0 13 19 205 4 0 228 2 0 25 0 27 438 05:00 PM 2 162 2 0 166 9 2 5 0 16 19 183 3 0 205 2 1 27 0 30 417 05:15 PM 3 153 3 0 159 5 0 4 0 9 17 203 3 0 223 2 2 19 0 23 414 05:30 PM 1 161 2 0 164 5 0 2 0 7 15 184 3 0 202 4 0 16 0 20 393 Total Volume 7 643 9 0 659 26 3 16 0 45 70 775 13 0 858 10 3 87 0 100 1662 App Total Total 1.1 978 - 1.4_ 0 57.8 8.7 35.6 0 8.2 90.3 1.5 0 10 3 87 0 - - -- _ 00 _ PI-IF .583 .963 .750 .000 969 722 .375 ,600 .000 .703 .921. .945 .813 .000 .941 fi25 ,375 BOG 000 .833 949 U585 Out In Total 001 659 1460, Right T m Ledl @ads Q' 4 1 Peak Hour Data a'i .4e A - 0 ~ North y t _co 41 4 2 Peek Hour Beans at 04 45 PM I 106-, I _. g-� .CARS s mi PT TRUCKS v J I - v CTY .__. _ __ I u Left Thru Right Pads -_-70 7751 13 . 0 756 f58 1614 Out In Total 41585 Page l of l Traffic Information for Highway 085 From RefPoint 240 To RefPoint 250.;, ,,., , ,- , :- . ,, , An al ?r5s Ni fatt PATS Ay a MDT Ali i iAi " Ye De7aiSr T,., ' Truck Fao qt if^.. trio , 085C 241.585 242.660'!ON SH 85 N/O SH 52, 18,700 2007 820 670 8.00% 1.61: 9 20,981 1ST ST, FT LUPTON Actual 085C 242.660 244.208 ON SH 85 NE/0 SH 17,800 2007 770 620 7.80% 1.58 10 25,543 85 BUS RT, 14TH ST, Actual CR 14.5, FT LUPTON -► 085C 244.208 246.214 ON SH 85 N/O CR 18 18,100' 2007 380 960 7.40% 1 47'' 12 36,218 ATR 085C 246.214 250.646 ON SH 85 S/O SH 66, 16,200 2007 420 870 8.00% 1.52 11 69,417 JUSTIN AVE, Actual PLATTEVILLE http://www.dot.state.co.us/App DTD DataAccess/Traffic/index cfm?fuseaction=TrafficInfoByRoutePrin... 3/17/2008 • • _E i ?. Sry x s1i g3' O w n O -111f e a 4I II II 8I (WON ff : i •I C g? I ' o of I nod 4 1wx ca 'O r r +! I T. 0 o Z 3 FV I gi w� til I I I_ E I @ 1 I owF I o i wx s UN Q�< (Awn.. w • • :IZ Q It ! Iii I II i r_ I I t5 ' 1 Y 10S+9 V15 8 1 Z I. I I 3NI1H51O1 *el: • .4.]! 1 Q m ; w yy. , 81 11}0 '� z c) I r el rth i I. , C�] fc- i .I II I I III I I t31 I- � &I — + I I , 1 l - ! I l i i , I � 4I 1 0 !�, I ;� g • I 'a E„ I Vj FIi I F- I I i e mn -1 I w I- 1� I I r I H i of I i I I lOW giia i I I j : 0 CC p O00 -`I pN Sw I hm ny al Fw o" I +I m Vi O �I ou3 t20 I � I rim,L. oow� I d I J +00 0. I ,K-a pb I I J z 'Go I ; I : I 8 1 I q I I I 11 b• —b < J b all c a 5 2 z I u Ya f I i gg I I i Ili r I tl o I l -- z g AC e < �// N -,/ j I a- 8T 1DM 1 I f / o w 0 1 0 YV y V2 Tm u h if nc N nR 0"x of al t I _ 4 + <al tI m3 I 1I - in d° 8I a u, u I I I o f � I i � w ! 1 a I * a I a 059tl5 I ( i 3NIlHpltl% 1 I _4 I �I 8f I t Form No. OFFICE OF THE•ATE ENGINEER (PVS-25 COLORADO DIVISION OF WATER RESOURCE. 818 Centennial Bldg., 1313 Sherman St.,Denver,Colorado 80203 (303)866-3581 AUTH WELL PERMIT NUMBER 67235 -F DIV. 1 WD2 DES. BASIN MD APPLICANT APPROVED WELL LOCATION N CI WELD COUNTY iiiSE 1/4 NE 1/4 Section 24 NORTHERN COLORADO CONSTRUCTORS INC Township 2 N Range 67 W Sixth P.M. 9075 WCR 10 DISTANCES FROM SECTION LINES FORT LUPTON, CO 80621- Ft. from Section Line Ft. from Section Line (303) 857-1754 UTM COORDINATES (Meters,Zone:13,NAD83) PERMIT TO EXPOSE WATER IN A PIT Easting: - Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2)and(11)for the construction and operation of a well(gravel pit ground water pond)in accordance with the temporary substitute water supply plan approved by the State Engineer on January 8,2008,for the NCCI Pit#1,Division of Reclamation Mining and Safety,Permit Number M2001-107. The well(pond)shall not be operated unless it is included in a substitute water supply plan approved by the State Engineer or a plan for augmentation approved by the Water Court. The water supply plan for this pit is currently valid through December 31,2008 and if it is not extended or if a court decree is not entered for a plan for augmentation,this well permit is null and void and diversion of ground water from this well must cease immediately. 4) This well is subject to administration by the Division Engineer in accordance with applicable decrees,statutes, rules,and regulations. 5) The average annual amount of ground water to be appropriated shall not exceed 36.81 acre-feet with the total surface area of the proposed ground water pond limited to 2.73 acres. No additional water surface shall be exposed unless a permit therefor is approved. 6) The use of ground water,in addition to dewatering is limited to 8.09 acre-feet of evaporative loss,6.2 acre-feet of water used for dust control, 14.72 acre-feet of water lost with the mined product,7.4 acre-feet of concrete production and 0.4 acre-feet of asphalt production or the amounts covered under a water court approved plan for augmentation or substitute water supply plan approved by the State Engineer, whichever is less. No other use of water is allowed unless a permit therefor is approved. 7) The owner shall mark the well(pond)in a conspicuous place with well permit number(s)and court case number(s)as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) Pursuant to Policy 2000-4(as amended October 1,2002)of the State Board of Examiners of Water Well Construction and Pump Installation Contractors(Board),the minimum construction standards in Rule 10 of the Water Well Construction Rules shall be waived for gravel pit wells except Rule 10.1 and its subsections10.1.2, 10.1.4, 10.1.6 and Rule 10.2 and its subsection 10.2.1.The owner of the gravel pit shall take necessary means and precautions to prevent contaminants from entering the gravel pit ground water pond. 9) Pursuant to Policy 2000-4 (as amended October 1. 2002)of the Board,the disinfection standards of Rule 15 of the Water Well Construction Rules shall be waived and the water well construction report requirement of Rule 17 shall be waived,except compliance with Rules 17.1.4, 17.3 and 17.4 is required. 10) The boundaries of the gravel pit pond shall be more than 600 feet from any existing well constructed in the same source,that is not owned by the applicant,excluding well permit nos. 158009 and 157913(spacing waivers submitted by the well owners),excluding well permit no. 28003, notice was sent to the owner and no response was received,and excluding well permit nos.277235(181568),44559-A,and 5746-F, well owners withdrew their objection to this well. 11) Pursuant to Policy 2000-4(as amended October 1,2002)of the Board, no pumping equipment shall be installed in the gravel pit well to withdraw water for any beneficial use, unless a separate written request for a variance has been approved by the Board. NOTE:Permit no.65008-F(canceled)was previously issued for this gravel pit. 6, /6. n__n • APPROVED (142._ p „ AP O��OU� State Engineer B Receipt No.3624856 DATE ISSUED 06-16-2008 EXPIRATION DATE 06-16-2009 ORDER OF THE STATE ENGINEER IN THE MATTER OF WELL PERMIT NO. 65008-F LOCATION: SECTION 24, TOWNSHIP 2 NORTH, RANGE 67 WEST, 6TM P.M. APPLICANT: NORTHERN COLORADO CONSTRUCTORS INC THE STATE ENGINEER FINDS: The permit to expose ground water in a gravel pit (NCCI Pit#1, M2001-107) was issued on October 30, 2006 and had an expiration date of October 30, 2007. On January 14, 2008, the applicant submitted a new application (receipt no. 3624856) for the above gravel pit for additional uses of the ground water pond. Therefore the well permit 65008-F is hereby canceled and is of no further force or effect. Dated this 16th day of June, 2008. ,..T.09:1 Dick Wolfe State Engineer By: cilidOeCliffea loana Comaniciu Water Resource Engineer Prepared by: IDC cc: Division 1 Applicant • Page 1 of 1 Michelle Martin From: Michelle Martin Sent: Tuesday, June 17, 2008 4:17 PM To: 'Doug Graff Subject: RE: Request for extension of time concerning Use By Special Review#1394 Hi Doug, I don't see a problem with an additional 3 month extension; therefore the plat and all the condition will be due Sept. 14, 2008. Let me know if you have any additional questions. Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720) 652-4211 From: Doug Graff [mailto:ddg@ncconstructors.com] Sent: Tuesday, June 17, 2008 3:17 PM To: Michelle Martin Subject: Request for extension of time concerning Use By Special Review #1394 Hi Michelle: On behalf of Northern Colorado Constructors, Inc. I would like to request a three(3) month extension on recording the final plat of our Use By Special Review#1394. We need some additional time to complete and finalize some of the conditions for approval. I appreciate your consideration in this matter. Thank You, Doug Graff, Northern Colorado Constructors, Inc. 06/20/2008 41 HIM NIN 11111111111110111111 I II 11111 IIII IHI 3666910 06/2$/200! Otte Weld County. CO y1 of 1$ R $1.00 D 0.00 Stave Moreau Clerk a Recorder AMENDMENT TO SURFACE USE AGREEMENT THIS AMENDMENT TO SURFACE USE AGREEMENT is made and entered into this -.21 day of February 2008 and is by and among KERR-McGEE OIL& GAS ONSHORE LP,a Delaware limited partnership with an address of 1099 — 18th Street, Suite 1200, Denver, Colorado 80202, the successor in interest to Kerr-McGee Rocky Mountain Corporation ("KMG"), KERR-McGEE GATHERING LLC, a Colorado limited liability company with an address of 1099—18th Street,Suite 1200,Denver,Colorado 80202("KMGG")and NORTHERN COLORADO CONSTRUCTORS, INC., a Colorado corporation with an address of 9075 Weld County Road 19, Ft. Lupton, Colorado 80621 ("NCCI") and ZADEL FAMILY, LLLP, a Colorado limited liability limited partnership with an address of 4200 WCR 19, Ft. Lupton, Colorado 80621 ("Zadel") (sometimes collectively referred to for the purposes of this Amendment only as"Surface Owner"). RECITALS A. KMG, KMGG and NCCI entered into a Surface Use Agreement dated April 30, 2003 covering their respective rights and interests in E/2SE/4 of Section 24,T2N,R67W, Weld County,Colorado(the"Agreement"). B. KMG,KMGG and Surface Owner now desire to amend the Agreement in order to make all of the terms and provisions thereof apply to the land described on Exhibit A attached hereto and made a part hereof(the"Property"). C. The Agreement did not contemplate the relocation of flowlines or gathering lines by KMG or KMGG, but the current plan does contemplate the relocation of flowlines and gathering lines. The existing flowlines and gathering lines are sometimes referred to as ("Existing Pipelines"). D. Exhibit A illustrates the routes of the existing flowlines and gathering lines and the proposed routes of the flowlines and gathering lines that may be relocated. E The Agreement did not contemplate the construction of a new production facility by KMG,but the current plan does contemplate the construction of a new production facility by KMG. F Because of the expanded area covered by Exhibit A over the area covered by the Agreement and because of the changes in plans, the parties have agreed to enter into this Amendment in order to ensure that their operations on the Property are conducted in a manner that accommodates their respective needs. AMENDMENT TO SURFACE USE AGREEMENT i Pagel of • • 1111111111 111 Intl MINN 1111 VIII 11 IIII 3666910 06ftww00e 02:14P Weld Count CO Y of 10 O1.00 D 0.00 01ew Moreno Clerk 8 Recorder AGREEMENT NOW, THEREFORE, in consideration of the mutual benefits to be derived by KMG, KMGG and Surface Owner from the terms and conditions of this Amendment,the parties agree to amend the Agreement as follows: 1. KMG agrees to relocate the flowline for the NCCI 9-24 A well located in the NE/4SF/4 of Section 24 (the "9-24 Well") from its current location as depicted on Exhibit A to the planned location also as depicted on Exhibit A,provided that Surface Owner pays all costs and expenses incurred by KMG in moving the flowline as provided below. 2. KMG agrees to construct a new production facility for the production equipment (including the separator, water vault and stock tank) now servicing the 9-24 Well from the current location of the production equipment to the planned location for the new production facility as depicted on Exhibit A. In consideration of KMG's agreement to move the production equipment servicing the 9-24 Well, Surface Owner pays all of the costs and expenses incurred by KMO in the construction of the new production facility and moving and installing the production equipment for the the 9-24.Well. 3. KMG agrees to construct a new flowline for the 9-24 Well from the wellhead of the well to the new production facility as depicted on Exhibit A and KMGG agrees to construct a new gathering line for the 9-24 Well and the Rankin 8-24 well as depicted on Exhibit A, provided that Surface Owner pays all of the costs and expenses incurred by KMG and KMGG in constructing the flowline and gathering line as provided below. 4. KMGG agrees to relocate the gathering line for the William E. Gee Gas Unit 2 from its current location as depicted on Exhibit A to the planned location also as depicted on Exhibit A,provided that Surface Owner pays all of the costs and expenses incurred by KMGG in moving the gathering line as provided below. 5. At such time as Surface Owner desires to have any Existing Pipelines relocated to the locations depicted on Exhibit A (the "Petroleum Pipeline Easements"), it shall give written notice to KMG or KMGG, as appropriate, who shall promptly prepare, or commission the preparation of, a cost estimate to accomplish the relocation. As soon as available, KMO or KMGG, as applicable, will then provide the cost estimate to Surface Owner who will then have the opportunity to review same and make a final determination about whether it wishes to proceed with the relocation. If Surface Owner elects to have KMG or KMGG, as appropriate, effectuate the relocation of the applicable flowline or gathering line, it shall tender the estimated costs of such to KMG or KMGG, as appropriate,together with its written request to commence the project as soon as reasonably practicable, or as otherwise requested by Surface Owner. If it has not already done so, Surface Owner shall also deliver to KMG and/or KMGG an executed and acknowledged Pipeline Right of Way Grant on the form that is attached hereto as Exhibit B in order to convey the Petroleum Pipeline Easement lands as shown on Exhibit A. The Petroleum Pipeline Easement shall be fifty feet(50')in width during construction, installation or relocation operations and otherwise reduced to thirty feet (30') in width for post-construction usage. AMENDMENT TO SURFACE USE AGREEMENT Page 2 of 9 • • 11111111111111111 1111111111 111111(I I I 111111111111 I I I 3 of 16 R 61.00 D 0.00 Steve Moreno Clerk&Recorder KMG and KMGG acknowledge that the Petroleum Pipeline Easement will be non-exclusive and they agree that they will not object to its concurrent use by other oil and gas operators or utilities, as Surface Owner may grant from time to time, so long as such other parties comply with KMGG's pipeline guidelines,attached hereto as Exhibit C. Notwithstanding the foregoing, Surface Owner shall not permit, nor shall it place any other utility or structure within ten feet horizontally or two feet vertically of any KMG or KMGG pipeline. The Petroleum Pipeline Easement and Oil and Gas Operations Areas shall be depicted and labeled on all mining plans submitted to Weld County or the Division of Mines and Geology and/or Mined Land Reclamation Board. KMG and KMGG will not,without the prior written consent of Surface Owner,have the right to lay additional flowlines or pipelines on the Property, outside the Petroleum Pipeline Easement except for the Existing Pipelines that are not being relocated. KMG and KMOG shall have the continuing right to operate, maintain, relocate and repair any Existing Pipeline without giving notice or obtaining the consent of Surface Owner. All flowlines and pipelines shall be buried to a depth of approximately 48 inches from the surface. Surface Owner shall maintain a minimum of 48 inches and not more than 72 inches of cover over all pipelines and flowlines during any of Surface Owner's operations on the Property. The construction and burying of additional flowlines, gathering lines and pipelines shall be at the sole cost and expense of KMG or KMGG. In addition, KMG agrees to give Surface Owner not less than sixty (60) days notice of any drilling operations planned for the land depicted on Exhibit A.. 6. At such time as Surface Owner desires to have KMG construct the new production facility for the 9-24 Well, it shall give written notice to KMG who shall promptly prepare, or commission the preparation of, a cost estimate to accomplish the construction of the new production facility which estimate will include the moving of the production equipment necessary to produce the 9-24 Well and the installation of such equipment. Surface Owner acknowledges that a request to construct the new production facility for the 9-24 Well will necessitate the abandonment and relocation of the Bowline and gathering line for that well and that the cost estimate to construct the new production facility will include the estimated costs for those pipeline projects. As soon as available, KMG and KMGG will then provide the cost estimate to Surface Owner who will then have the opportunity to review same and make a final determination about whether it wishes to proceed with the construction of the new production facility and all related activities. If Surface Owner elects to have KMG effectuate the construction of the new production facility, it shall tender the estimated costs of such to KMG together with its written request to commence the project as soon as reasonably practicable,or as otherwise requested by Surface Owner. The location of the new production facility and related equipment shall be depicted and labeled on all mining plans submitted to Weld County or the Division of Mines and Geology and/or Mined Land Reclamation Board. 7. The Exhibit A attached to the Agreement is hereby deleted and the Exhibit A attached to this Amendment is substituted therefor. AMENDMENT TO SURFACE USE AGREEMENT Page l of 9 11111111111111111111111111111111111111111111111 , CO 4 of 16 R 41.00 0 0.00 Sieve Moreno Clerk 8 Recorder 8. Unless amended hereby,the terms of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, KMG, KMGG and Surface Owner have executed this Amendment to Surface Use Agreement as of the date and year first above written. KERR-MCGEE OOIIjL�&GAS ONSHORE LP By:J ll/Mt& i tre Of Name: An Byroad Title: Agent and Attorney-in-Fact KERR-MCGEE GATHERING LW By its manager Kerr-McGee-M Oil&Gas Onshore LP er By. ��i/! ! ✓IJ�1Cl Name J Ann Byroad "V _ 61) Title: Agent and Attorney-in-Fact NORTHERN COLORADO CONSTRUCTORS,INC. By: /t. Nam 3e,..`3A.. _ M. th Tide: P,e s: ZADEL FAMILY,LLLP BY , ailet� Ted Ng:is'Ili*/ ZrUid cc_ Title: aessei, efel AMENDMENT TO SURFACE USE AGREEMENT Pgc4 of 66 nl11111111111I1II22:1WIe{d County.CO 5 of 16 R 01.00 D 0.00 Stove Moreno Clerk 8 Recorder ACKNOWLEDGMENTS: STATE OF TEXAS ) )ss. COUNTY OF MONTGOMERY ) The foregoing instrument was acknowledged before me this ci2 y of February, 2008,by Jane Ann Byroad as Agent and Attorney-in-Fact Kerr-McGee Oil&Gas Onshore LP,a Delaware limited partnership. Witness my hand and official seal. It - — -1 mitt- 0 WYI_ NONTEZ RENEE'r 714 $ No Public yy NOTARY w„fz • .14•!MC. My Commission Expires: 7 30 / I ctoti. JULY 30, .mil i yrrra ojaetevw .•r. STATE OF TEXAS ) )ss. COUNTY OF MONTGOMERY ) The foregoing instrument was acknowledged before me thisc '7-day of February, 2008,by Jane Ann Byroad as Agent and Attorney-in-Fact for Kerr-McGee Oil & Gas Onshore LP,a Delaware limited partnership,in its capacity as Manager of Kerr-McGee Gathering LLC,a Colorado limited liability company,on behalf of such company. Witness my hand and official seal. - [S E A L] 1/1 Z • '6n No Public My Commission Expires: 7--30-fib, 1 rN0NTEZ RENEE'rt.. NOTARYPUttle .`• 09 Tam, MY commis , Far JULY 30, 2Jlt �i.�r-�„yyi.corrit.• AMENDMENT 1O SURFACE USE AGREEMENT Pages of • • • 111111 III IiIII�I N�11111 IIII III II III III IIII 3666010 0612012008 02:14P Weld County, CO 6 of 16 11 01.00 0 0.00 Stare Moreno Clerk&Recorder STATE OF COLORADO ) ss. COUNTY OF will ) � The foregoing instrument was acknowledged before me this �of February,2008,by �onat`iun M 2cta4ti as Yr[cities 4- of Northern Colorado Constructors,Inc.,a Colorado corporation. o,a 'a Witnesg icial seal. � p, / [S E `1pY ` d 2 f i, 11 : a Notary Public 'o a My Commission Expires: 1O-i 7-I/ STATE OF COLA'I * ) )ss. COUNTY OF Wad ) Y The foregoing instrument was acknowledged before we this ?1 of February,2008,by `70/tn I ?1t& as 4,...1 as it r of Zadel Family, LLLP,a Colorado limited liability limited partnership. Witness my hand and official seal. �� p [S E A LJ�murure y,, ��Il.l�",�t'' /' ttsFOrani*ic Notary Public " My Commission Expires: /0_/:-e O1Y '.O Fiat 40 lei- 4;if zilhimilto carmeno AMENDMENT TO SURFACE USE AGREEMENT Fagg 6 of 9 111W 11111 111111111 11111111111111111II 1111111111111 County,CO 7 16 R 81.00 00 D 0.00 Steve Moreno Clerk a ReeoSder EXHIBIT A To AMENDMENT TO SURFACE USE AGREEMENT [Description of Land] AMENDMENT TO SURFACE USE AGREEMENT 1..: Page 7 of 9 /K - itr C% ..wMwnAnse MPS*. I 1 , ate_. I t III E ii I Hill ll ;} InIiEE' gild l iiri t y . rl rI I I I' hi g fil illI. {ljll! I ..i:1 i;i} !Ulf I '!�IaI'l; IMO 1 I I I I , k II{ {.i' t I :,I t•Iytl • v'it,l' I U', i�� •i' 'Ia '-II ' ° 1f..'ri i'[ III cAlit 4 I i li liklill . III il ui 1ook, ta , 7 y. ° ° �!' 1` I !t d Ii ;iI4.IlI Ri l fx !` iii Ii as ., 'si, hl�' l (.3t Idgal OO I e thin- 1' tl=i+lE 1` 1 ' Wt- I _ ,L_c__ l ,:�► - _':,�, 1 1!1,1!1.10 . iI , o; p. _�,�, � 11 r� Tr o I. EII!Ii4 I i; ' I •ii1 • III;.; 'l 61— ,i '5•_-. `i. I k I s4titI�lid K 11;bl$1 n II i 22 : .^,:,If ,_t - - ---- �'a; \7 -----1". ' . it I S 's I. l;illi.j.so f E_ _''r•, -,- ' fig I�;1 'gill ; I'{iili '� �.� d�.00:, ,_ '_ •` lobs $.111ill 1IflIiliI { • I i ;Roll! 48 = 11 i P. ; ` - 1i , ' , ;IP °1 il'I I 1WiIWi1•1 c si: � ' it ' { .j �' :5 ^• i !1i is I�r,e ;.ir. iiIl,h " .{ . p i i,''w III q li t� I yl f i l .�1ji! /� ■ I .j i 1 I r 15 i I ►i °�'i 1 _ '� iJ W :: ` ,�' i EIIa ;I1Ix; 11 kitsrihklt , t ! ti ° ,;',_}. l I?I rl f I;l , I 1 6 I•iIIiI I le `III il - L/ i1L__ ---J :ti 11i IM irl l�i;t ! Ishii I'p ''flii . I. s r i n . ,i 111 . a p ° tlil Ii illitl I I Pill,Phi;rill Iii IiICIIoim1110111811111111111III11111IIII Ill 3006918 06/2812008 02.14? Weld County,Co 9 of 15 R 81.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT B To AMENDMENT TO SURFACE USE AGREEMENT [Pipeline Right of Way Grant] AMENDMENT TO SURFACE USE AGREEMENT Page d of 9ge- I NINO INm ICI 111 IIHI Iln III H11I In II11 titan GINVISOS ev:il? Weld Casa,CO Mat to R 11.00 0 0.00 SSW Morro lark FRecorder ah Attached hereto and made a part of that certain Amendment to Surface Use Agreement between Northern Colorado Constructors.Inc.,Zadel Family,LLLP,Kerr-McGee Gathering LLC and Ken-McGee Oil&Gas Onshore LP,dated of ,2008 RIGHT-OF-WAY GRANT RIGHT OF'WAY GRANT ('Gran) S made this a rat day of kBeuaaV 2008,NG LLC,from 7.414271104.4"wMose address is 9rl'V Rag('Grador), to KERR-McGEE GA Colorado artl(fd liability company,Wiese address is 1099 it Street Denver.Colorado 80202('Grantee'). The parties agree as follows: For and in consideration of Ten Dollars(810.00)and other good and valuable caisiderafbn,the receipt and sufficiency of which re hereby acknowledged.Grantors hereby grants,conveys and warrants unto Grantee, its successors and assigns, a perpetual right-of-way and easement to survey, consaucf. maintain, Inspect operate, rep*, replace, modify, change the etre of, reconstruct, mark monitor. abandon or remove. at Grantee's election,one pipeline and at appurtenances,below ardfa above ground,lydudmg but not Imbed to launchers and receivers,convenient for the transportation or transmission ofd,gas,petroleum products.water, hydrocarbons ad any other substance. Wearer Stud, solid or gaseous, and any products, derivatives. combittns or mixtures of any d the foregoing. In, on, over, under, or through the lends situated in Corny.State of Colorado,being described as follows: TOWNSHIP NORTH.RANGE WEST.e"P� Section: The specific route and course of the ri9Mof-cosy and easement conveyed hereby PR9Mof-Way Lands"le more peniculry described on Exhibit-A'attached hereto and made a pat hereof. The width of the Rightof-Way Lands during construction shag be filly feet(501,and subsequent to consbucdon shall be thirty feel (301 Grantors represent and warrant to Grantee that Grantors are the sole owner in fee simple of the Right- c4-Way(ands and have fug right,power and authority to make this Grant Grantee shag lay at pipe at a depth of not lees than 48 Inches.Grantee shall repair andlr restore any fence on or adjacent to the Right-of-Way Lands removed or severed by Grantee in the course of the operations provided for in this Grant. If necessary to prevent Use escape of Grantor's livestock,Grantee Meg construct temporary gates or fences. Grantee shad have see rights, privileges and benefits necessary or convenient for the AA use and enjoyment of this Grant,including but not anted to,the right of Ingress and egress over and across Grantors lands lying Scent to the Right-of-Way lands for any and all purposes necessary and inddental to exercising Grantee's rights hereunder. Grantors agree root to build, rare. conduct or permit to be built, created or constructed, any obstruction. Wading.fen* landscaping, reservoir,engineering works or other structures knprovernerds over,wider,on woes the Mr-of-Way Lands without prirwrlgr en consent of Grantee. Grantee shall be obligated to pay for, repair, replace or otherwise compensate Grasses for any damages for, reimburse, indemnify town ande's activities andhold Grantee harmless from any and r rations on the Right-ofWay Lends; damage mauling hem Grantor's activities on the Right-of-Way Lands. Grantors she have the right to use and enjoy the lads,subject to the rights herein granted. This Grant cannot be modified,except in writing signed by all parties hereto. The rights granted herein may be assigned in whole or In pert,and the terms.conditiont and provisions of this Grant are a covenant running with the land and shall extend to and be binding upon the successors,and assigns of Grantors and Grantee. Grantee agrees to level and restore any lands that may have excessive setting and sufficiently compact the soil within a reasonable period of lime after completion of construction. This Grant may to executed in counterparts each of which shat be considered one and the same agreement. APC Nishimoto Wet Connect&RGSI 40 Pipeline h.1 • • IN WITNESS WHEREOF,tM panes have executed this Grant as of the dab first above written Grantor Grantee fflj L, Krted laity y company LLC,a Colorado tinMdflGee Gathering By Its April Kerr-McGee ON 8 Gas Onshore LP /�A . °✓ • Q Jana Mn Byroad Agent and Mome$'-Fact 1 nos f>L,� � IIINNN t ote B�y!„1 B 0.0$ fAsw STATE OF COLORADO ) COUNTY OF Weld es. ,,qq �- lbe foaming Instrument as rtnowledged berm r ma r 6/ban/ 2008 by .—John ferEArith• Witless Corn tad d and official SCI. M My Commission Expires: O.00�M„ Oq,0 Notary Pull= Otte-9% rbic soy s it jO y z 22 •1 gr STATE OF TEXAS )ss. COUNTY OF The foregoing instrument was acknowledged before me the_day of 2008 fig Wlhass my hand and official Seal. My ComnYasbn Notary Public STATE OF TEXAS )se CITY OF MONTGOMERY ) The foregoing instrument was acknowledged before me this_day of 2007, by Jane Mn Byroad.=Agent and Asornm-in•Fact far Kerr-McGee Oi&Gas Onshore LP,a Delaware ended prtrwship,in as capacity as Manager of Ken-McGee Gathering LLC,a Colorado limited liability company,on behalf of such cony. Witness my hand and official sea. My Commission tyres: Notary Public • I I I I 11111 IIII I VIII RI II I II 111111111111 111 I I I I 30609111 05/2812000 02:1IP Weld County. CO 12 of 15 01.00 0 0.00 Steve Moreno Clerk 8 Recorder EXHIBIT C To AMENDMENT TO SURFACE USE AGREEMENT (MCC Pipeline Guidelines] AMENDMENT TO SURFACE USE AGREEMENT Fge9of9 ity • IIIMIIIII011111111111111111111111111111111111IIII 3066$lI 0661120(* 02:14P Weld Comity,CO 13 of 10 R 01.00 0 0.00 Stew Moreno Clerk&Recorder Exhibit"C" Attached hereto and made a part of that certain Amendment to Surface Use Agreement between Northern Colorado Constructors.Inc.,Zadel Family,LLLP,Kerr-McGee Gathering LLC and Kerr-McGee Oil&Gas Onshore LP,dated of 2008 icepal General Guidelines for Design and Construction Activities On or Near Kerr- McGee Gathering LLC and Kerr - McGee Rocky Mountain Corporation Pipelines and Related Facilities This list of design,construction and contractor requirements, including but not limited to the following. is for the design and installation of foreign utilities or Improvements on Kerr McGee Gathering LLC (KMG) right-of-way (ROW). These are not intended to, nor do they waive or modify any rights KMG may have under existing easements or ROW agreements. For information regarding KMG's rights and requirements as they pertain to the existing easements, please reference existing easements and amendments documents.This list of requirements is applicable for KMG facilities on easements and In road rights of ways only. Encroachments on fee property should be referred to the land&ROW Department.Any reference to KMG in the below requirements Is meant to include and apply to any Kerr McGee entity. Design • KMG shall be provided sufficient prior notice of planned activities invdving excavation,blasting,or any type of construction on KMG's ROW or near its faci ices.This is to determine and resolve any location,grade or encroachment problems and allow for the protection of KMG's facilities and the general public.This prior notification is to be made before the actual work is to take place. • The encroaching entity shall provide KMG with a set of drawings for review and a set of final construction drawings showing all aspects of the proposed facilities in the vicinity of KMG's ROW. The encroaching entity shall also provide a set of'es-built drawings"and submit to KMG,showing the facilities in the vicinity of KMG's ROW upon completion of the work. • Only facilities shown on drawings reviewed by KMG will be approved for installation on KMG's ROW. All drawing revisions that affect facilities proposed to be placed on KMG's ROW must be approved by KMG In writing. • KMG shall approve the design of all permanent road crossings. • Any repair to surface facilities following future pipeline maintenance or repair work by KMG on Ws'prior rights'ROW will be at the expense of the developer or landowner. In addition, any repair to surface fealties following future pipeline maintenance or repair work by KMG on replacement ROW granted to relocate KMO facilities will also be done at the expense of the developer or landowner unless expressly addressed in surface use agreements and approved in writing by KMG. • The depth of cover over the KMG pipelines shall not be increased or reduced nor surface modified for drainage without KMG's written approval. • Construction of any permanent structure within KMG pipeline easement is not permitted without written approval by KMG. • Planting of shrubs and trees is not permitted on KMG pipeline easement without written approval by KMG. • Irrigation equipment I.e.backflow prevent devices,meters,valves,valve boxes,etc.shall not be located on KMG easement without written approval by KMG. • Foreign utility installations,IE,distribution gas,oil and gas gathering,water,electric,telephone,cable and sewer tines,etc., may cross perpendicular to KMG's pipeline within the ROW, provided that a minimum of eighteen inches on of vertical clearance is maintained between KMG pipeline(s) and the foreign utility.Any installation by a foreign utility with less than 18' of vertical separation is not allowed without written approval by KMG. In no case will vertical separation be less than 12"whether written or not.Constant tine elevations must be maintained across KMG's entire ROW width,gravity drain lines are the only exception and must be approved in writing. Foreign line crossings below the KMG pipeline must be evaluated by KMG to ensure that a significant length of the KMG line Is not exposed and unsupported during construction. Foreign Page 1 of 4 Revision 3/01/2004 • • 11111111II 18 11111iun111111111d 1I�11unty,111 a urn 14 of 16 R $1.00 D 0.00 Steve Morns Clerk&Recorder line crossings above the ICAO pipeline with less than 1W of clearance must be evaluated by KMG to ensure that additional support Is not necessary to prevent settling on top of the 1MG natural gas pipeline.A KMG representative must be on site during any crossing activities to verify clearance depths and to assure the integrity and support of the KMG facility. All installations of foreign crossings done by boring and or jacking require the KMG facility to be exposed to verify clearances. • Foreign utilities shall not run parallel to KMG pipelines within the KMG easement without written permission by KMG.A minimum of 10.0 feet of horizontal separation must be maintained in parallel installations whether the foreign utility is placed within the KMG easement or adjacent to the KMG easement Any deviation from the 10.0'horizontal requirement must be approved in writing by KMG and an'as built survey'provided to KMG after installation. • The foreign utility should be advised that KMO maintains cathodic protection on its pipelines and facilities. The foreign utility must coordinate their cathodic protection system with IWG's. At the request of KMO,foreign utilities shall install(or allow to be installed)cathodic protection test leads at ail crossings for the purposes of monitoring cathodic protection interference. The KMG CP technician and the foreign utility CP technician shall perform post construction CP interference testi g. Interference Issues shall be resolved by mutual agreement between foreign utility and KMG. All costa associated with the correction of cathodic protection Interference issues on KMG pipelines as a resuk of the foreign utility crossing shall be borne by the foreign talky fora period of are year from date the foreign utility is put in service. • The developer shall understand that KMO whether specifically required per federal law,or by company standard,will mark the routing of ifs underground facilities with aboveground pipeline markers and test leads and maintain those markers and test leads. Markers wil be Installed at every point the pipeline route changes direction and adequate markers will be installed on straight sections of pipeline to insure,in the sole opinion of KMG,the safety of the public,contractor,KMG personnel and KMG fsdetles. • On all foreign utility crossings and I or encroachments,metallic foreign lines shall be coated with a suitable pipe coating for a distance of at least 10 feet on either side of the crossing. • AC Electrical lines must be installed in conduit and properly insulated. • On all foreign pipelines,DOT approved pipeline markers shall be Installed so as to Indicate the route of the foreign pipeline across the KMG ROW. • No power poles,light standards,etc.shall be installed in the KMG easement without written approval by KMG. • KMG installs above ground appurtenances at various locations that are used in the operation of KS facilities.Kerr McGee will install protective enclosures at the above ground appurtenances to protect them from outside damage.The design and placement of these above ground appurtenances and protective enclosures Is done at KMG's site discretion,and may exceed any regulatory requirements. Construction • If KMG will be relocating KMG facilities for any entity.grading In the new KMO ROW shall be+/-8 inches before KMG will mobilize to complete the relocation. Final cover after the completion of the project will not be less than 4W nor more than i2'.All cover that exceeds 72'or Less than 48'will be approved In witting by KMG.Cover during all construction activities will NEVER be less than 36' unless approved In wring and a KMG representative is on site during the time cover is reduced. • The entity requesting relocation shall survey top of pipe after installation but before badcfill to determine proper final elevation of KMG facilities. The entity requesting relocation is solely responsible for the final depth of cover over the relocated KMG facility.Any deviation from cover requirements as outlined above will be corrected at the sole expense of the entity requesting relocation. • Contractors shall be advised of KMG's requirements and be contractually obligated to comply. • The continued integrity of KMG's pipelines and the safety of all Individuals In the area of proposed work near KMG's facilities are of the utmost Importance. Therefore,contractor must meet with KMG representatives prior to construction to provide and receive notification listings for appropriate area operations and emergency personnel. KMG's on-site representative will require discontinuation of any work that, in his or her opinion, endangers the operation or safety of personnel,pipelines or facilities. • The Contractor must expose all KMG pipelines prior to crossing to determine the exact alignment and depth of the lines. A KMO representative must be present • The use of probing rods for pipeline locating shall be performed by KMG representatives only,to prevent unnecessary damage to the pipeline coating. A KMG representative shall do all line locating. Page 2 of 4 Revision 3/01/2004 i a • 1111 liii1111111111111111111111E111 111111 III 111 3556918 06@612006 02:14P Weld County,CO 16 of 16 01.00 O 0.00 Stave Moreno Clerk 6 Reorder • Notification stall be given to KMO at least 72 hours before start of construction. A schedule of activities for the duration of the project must be made available at that time to facilitate the scheduling of KMG's watt site representative. Any Contractor schedule changes shall be provided to KMG immediately. • Heavy equipment will not be allowed to operate directly over KMG pipelines or in KMG ROW unless written approval is obtained from KMG. Heavy equipment shall only be allowed to cross KMG pipelines at locations designated by KMG.Haul roads will be constructed at all crossings. The haul roads will be constructed using lightweight equipment. The existing depth of cover over the pipeline must be verified. Cover wig be added such that a total of 6' of fill exists over the pipeline end extends a minimum of 10' on each side of the pipeline. Depth of cover will then taper as required for equipment access.Steel plates may be used for load dissipation only ti approved n writing by KMG. • Contractor shall comply with all precautionary measures required by KMG.at its sole discretion to protect its pipelines. When inclement weather elate,provisions must be made to compensate for soil displacement due to subsidence of tires. • Excavating or grading which might result in erosion or which could render the KMG ROW inaccessible shall not be permitted unless the contractor agrees to restore the area to its original condition and provide protection to KMO's facility. At no time will cover be reduced to less than 38'without written approval by KMG and a KMG representative on site. • A KMG representative shall be on-site to monitor any construction activities within twenty-fire(25)feet of a IWO pipeline or aboveground appurtenance. The contractor shag not work within this distance without a KMG representative being on site. Contractor shall use extreme caution and take any appropriate measures to protect KMG facilities. • Ripping is only allowed when the position of the pipe is known and not within ten(10)feet of KMG facility. KMG personnel must be present. • Temporary support of any exposed KMG pipeline by Contractor may be necessary if required by KMG's on-site representative. Backlit' below the exposed fines and IT above the tines shall be replaced with sand or other selected material as approved by KMG's on-site representative and thoroughly compacted in 12'IMs to 95%of standard proctor dry density minimum or as approved by KMG.'s on-site representative. This is to adequately protect against stresses that may be caused by the settling of the pipeline. • No blasting shall be allowed within 1000 feet of KMG's facilities unless blasting notification Is given to KMG Including complete Blasting Plan Data. A pre-blast meeting shall be conducted by the organization responsible for blasting. KMG shall be indemnified and held harmless from any loss,cost of liability for personal injuries received,death caused or property damage suffered or sustained by any parson resulting from any blasting operations undertaken within 500 feet of Its faciltles. The organization responsible for blasting shall be liable for any and all damages caused to KMG's facilities as a result of their activities whether or not KMG representatives are present. KMG shag have a signed and executed Blasting Indemnification Agreement before authorized permission to blast can be given. No blasting shall be allowed within 200 feet of KMG's facilities unless blasting notification is given to KMG a minimum of one week before blasting. The organization responsible for blasting must complete Blasting Plan Data. KMG shall review and analyze the blasting methods. A written blasting plan shall be provided by the organization responsible for blasting and agreed to in writing by KMG. A written emergency plan shall be provided by the organization responsible for blasting. KMG shag have a signed and executed Blasting Indemnification Agreement before authorized permission to blast can be given. A pre-blast meeting shag be conducted by the organization responsible for blasting. • Any contact with any KMG facility,pipeline,valve set,etc.shall be reported immediately to KMG. If repairs to the pipe are necessary,they will be made and inspected before the section is re-coated and the line is back-filled. • KMG personnel shall install all test leads on KMG facilities. Local Kerr-McGee Gathering LLC Representation: Manager of Construction&Facilities Engineering: Kevin R Osif, P.E. Phone: 303 655-4307 Facilities Engineer Joseph E.Sanchez, P.E. Phone: 303 655-4319 Foreman 1: James Phillips Phone: 303 655-4343 Foreman 1: Rick Noffsinger Phone: 303.655-4326 Page 3 of 4 Revision 3/01/2004 1111111 III11 IIIIII 111 III 11111 IIif III 11110 III till 3240118 062812008 02:14P Weld County,CO 16 of 16 R 81.00 D 0.00 Steve Moreno Clerk&Recorder Emergency Contacts: On call supervisor Phone: 303-559-4001 Kerr McGee 24 hour emergency number Phone: 303-659-5922 One Call Emergency Phone: 800-922-1987 • Page 4 of 4 Revision 3/01/2004 V 111111 IIIII IIIIIIII 111111 III 1111111 III IIIII IIII IIII •3553927 05/14/2 02:02P Weld County, CO 1 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder JUN 04 ?OM Irrigation Water Transmission Agreement and Easement and Right-of-Way Grant This irrigation water transmission Agreement and Right-of-Way Grant (Grant) is made this . 3 Fit day of Msmi , 2008, from Zadel Family, LLLP (Grantor), whose address is 9075 WCR 10, Fort Lupton, Colorado 80621 to William E. Gee whose address is 8995 WCR 25, Fort Lupton, Colorado 80621 (Grantee). The parties agree as follows: For and in consideration of the ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, conveys, and warrants unto Grantee, it successors and assigns, perpetual Right of Way and easement to maintain, inspect, operate, repair, monitor or abandon, at Grantee's election, one irrigation water pipeline and all appurtenances used for the transmission of irrigation water. The specific route and course of the Right-of-Way and easement conveyed (Right-of-Way Lands) is more specifically described on Exhibit "A" attached hereto and made a part hereof. The width of the Right-of-Way lands shall be thirty feet (30'). Grantors represent and warrant to Grantee that Grantors are the sole owner in fee simple of the Right-of-Way Lands and have full right, power and authority to make this Grant. Grantor shall relocate the existing open irrigation ditch and the buried pipe that are identified on Exhibit "A" within the existing Right-of-Way or easement as described on Exhibit "A". The entire cost of relocation shall be at the expense of Grantor. The irrigation water transmission pipe line shall be at least equal to or greater than the existing irrigation pipe line currently described on Exhibit "A". Grantor may reuse the existing metal pipe if such pipe is deemed to be in good and usable condition. Additionally Grantor shall provide a concrete inlet structure, a concrete cleanout at the North East corner and a concrete structure at the point of discharge of the irrigation water line. The pipe line and concrete structures shall be constructed as per the agreed upon construction drawings which shall be agreed to and signed by both Grantor and Grantee. Further, Grantor warrants that the construction of the irrigation transmission water pipe line will work as good or better than the current irrigation ditch and pipe line. Grantor recognizes that there is an irrigation season and will not interfere with normal process of transmitting irrigation water to Grantee's fields. The timing and change over of the irrigation water line will be done by mutual agreement. For consideration of Grantor granting a Right-of-Way and easement for the relocation of the existing open irrigation ditch and irrigation pipe line and Grantor constructing a new irrigation water transmission line as per the agreed up on plans, the Grantee shall release and relinquish its existing easement as shown and described on Exhibit "A". 1 #11 11111 11111111111 111111 III Illl pl Hilt It I Il l • . 3553927 05/14/2008 02:02P Weld _ nty, Co • 2 of 3 R 16.00 D 0.00 Steve Moreno Clerk Sr Recorder It is further agreed that upon completion of the irrigation transmission pipe line by the Grantor and acceptance of the same pipe line by the Grantee then all further maintenance of the pipe line, repair of the pipe line or monitoring of the pipe line shall be at the complete expense of the Grantee. It is further agreed that this Right-of-Way and easement shall be non exclusive and that other utilities may use the Right-of-Way or easement such as but not limited to underground electrical lines, water lines or oil and gas lines. Any other utility or gas and oil lines must be placed at least ten feet (10') horizontally from the irrigation transmission line and must maintain at least two feet of vertical separation from the irrigation pipe line. This Irrigation Water Transmission Agreement and Right-of-Way and Easement Grant cannot be modified, except in writing signed by all parties hereto. The rights granted herein may be assigned in whole or in part, and the terms, conditions, and provisions of the Agreement and Grant are covenant running with the land and shall extend to and be binding upon the successors, and assigns of Grantors and Grantee. This Agreement and Grant may be executed in counterparts each of which shall be considered one and the same Agreement and Grant. IN WITNESS WHEREOF, the parties have executed this Agreement and Grant as of the date first above written. Grantor: Grant%: AVal/ fitithrAc" 'MCC State of Colorado ) State of Colorado ) )ss. )ss. County of Weld ) County of Weld ) The foregoing instrument duly acknowledged The foregoing instrument duly acknowledge Before, a Notary Public by Before, a Notary Public by as bra -or as /Rr:Ad-ee- ofladP / fiAMi ty Li if of on Wu/ 13 , 2008 on fi4o y 13 , 2008 Witness my hand and official seal. Witness my hand and official seal. 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J l{cl I I s Yk° L_ ggr—:. s 5 es - :Ii.lov=§I;a 06 .0 I II I N 1 y = YIP ga ir9lx L Ill!Stke =•b:11§.Ib: o elk"t4� �1� _ , ;tii s &age Yabr . Yls5 a. --s •------....-,r. , , - w I : { g§J' 14 w y ,Apo, ar Y i --- G s x. leg , i 6 lit 12 :;.")?`.1 .f It :Id hgv.PgVI;i1 Cl Cl -i Y .gad Ce u5'12 8 Y ...fag ras Ytt:mix, 0 • r 9y • •Relinquishment and Conveyance of Irrigation Surface Rights INN 0 47008 This RELINQUISHMENT and Conveyance of Surface Rights (the Relinquishment) is granted as of the ' " day of G,: 2008 (the "Effective Date")by William E. Gee, whose address is 8995 WCR 25, Fort Lupton, Colorado 80621. To Zadel Family, LLLP ("Surface Owner" or"Land Owner") with an address of 4200 WCR 19, Fort Lupton, Colorado 80621. For ten Dollars ($10.00) and other valuable consideration, William E. Gee conveys to the Surface Owner(Land Owner) all of its surface rights in and to the following described property (the Property), including all rights which William E. Gee has to use the surface of the Property for the transmission of irrigation water. As per attached Exhibit "A" which identifies the surface currently being used to transmit irrigation water across the surface of the Surface Owner and includes the open irrigation ditch and the underground irrigation water transmission pipe. This relinquishment shall be binding upon the successors and assigns of William E. Gee. William E. Gee R9Leta Owner State of Colorado ) )ss. County of Weld The foregoing instrument duly acknowledged before, a Notary Public, By CM 1& V14 bee , as ()Witt( Of on __M(__ 13 ,2008. Witness my hand and official seal. \\\`.p,NSFO,p My commission expires: in - r) O�PR P l tEr = NOTARY PUBLIC PUeAG :' Q ,. 1111111 11111 11111111111 111111 IIII 111111 III 11111 Iiii Iiii �fy �umuuG`O`\iR`'^�^ 3553930 05/14/2008 02:02P Weld County, CO cantMssiota 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder .w w ,, ---------------- °4 E E f! 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' 's is add 4Y,3128 n o �� ` .., ▪ x el, :2,. aY t»:F@ I I, !� / 1 :` • y #�s• Ls y .��' :rr99 S t▪ -Y a1 � Ro b— .:14, •i�„ , /•, :'' ' d •i i 486,3 aF icc i., .a8 a8_$YaSIbti ii;Ili .�• ',//:fio `r '° �g aa- ,-4.'.% i=x vote'-+et o ILIa '•' ai s_ F: i1 ., 1 i, 4 , Iv. is g.3E z i.t.,., `•ry a• c4 ..?0..�II •: � ,�s,!..I.:, -•'r -• ..��ik c x �� € o�Y Sk V ,1 +i ..;" War z�3� ..f.., �_i, 11 '.: ; f If 1 ' -�1 4i t VV'l ga 231^ v :;E-'r a;i 4,t.5r,a :k��iti - i II ( b1 �: - Yx;a $ gill l':' PV t'713�ai r ;, illj_ 9 ii •.�-�F�la� — — -- `�' "':.�""r y � �I Ya eft .�'a% a _t � r17 C Y k " Yy 12 pIV•hiii f i. ri :.s':• s'=jit;'`19I�O p �`aa xi; exar- r._'; c:a.i; • • f • • WATER STORAGE RESERVIOR CONSTRUCTION AGREEMENT THIS WATER STORAGE RESERKOIR CONSTRUCTION AGREEMENT ("Construction Agreement") is made on lam+ Is-I , 2008 between the CITY OF THORNTON, a Colorado municipal corporation whose address is 9500 Civic Center Drive, Thornton, Colorado 80229 ("Owner" or "Thornton") and Northern Colorado Constructors, Inc. a Colorado corporation whose address is 9075 WCR 10, Fort Lupton, Colorado 80621 ("Contractor" or "NCC"), or collectively (the "Parties"). RECITALS WHEREAS, Owner is a municipal corporation of the State of Colorado that inter a/ia provides water services to the inhabitants of the City of Thornton and others; and WHEREAS, Contractor is the operator of a gravel pit on property in southeast Weld County, more particularly described in Exhibit A - Property Description (the "Property") that has been purchased by Thornton concurrent with the execution of this Construction Agreement; and WHEREAS, simultaneous with the execution of this Construction Agreement, Thornton has entered into a Purchase and Sale Agreement with the Zadel Family LLLP for the purchase of the Property, whereby some of the individuals associated with the Zadel Family LLLP are also associated with NCC; and WHEREAS, Contractor desires to continue mining and develop the mined gravel pit for delivery to Owner for use as lined water storage; and WHEREAS, Contractor is the sole mining operator and has no obligations or relationships with any third party operators to mine or otherwise extract the minerals on the Property; and WHEREAS, in connection with the mining activities to be conducted on the Property, Contractor intends to construct interconnected lined water storage facilities with the capability of diverting and releasing water to Lupton Meadows Ditch and/or the South Platte River; and WHEREAS, upon completion of gravel mining/mineral extraction and after installation of necessary permeability barrier, and interconnects the Property would be suitable for Owner's use as off-channel water storage reservoirs; and WHEREAS, Owner has a need and desire to develop water storage facilities to meet growing demand and facilitate the maximum utilization of its water resources portfolio through the water storage facilities that are part of this Construction Agreement, so that Owner will be able to further advance its already diligent efforts and Construction Agreement—Zadel(v. 4-24-08) 1 continued pursuit of water reuse and further implement reuse of its water to enlarge and enhance its water supply system; and WHEREAS, more than one water storage facility may be constructed on the Property and construction of all the water storage facilities on the Property may not be completed at the same time, and each completed lined water storage facility, including that additional portion of the Property necessary for access and use of each lined water storage facility by Owner for the purposes set forth above, shall constitute and be referred to as a "Cell"; and WHEREAS the Cells collectively shall constitute and be referred to as the "Reservoir," which may consist of a single body of water or interconnected bodies of water which function as a single reservoir, and WHEREAS the Cells comprising the Reservoir are to be constructed by the Contractor and delivered to the Owner, upon completion and acceptance of a Cell or Cells (the "Delivery" or "Delivery Date"). AGREEMENT NOW THEREFORE, in consideration of the foregoing recitals, the mutual covenants and agreements contained herein and other good and valuable consideration, the adequacy, sufficiency, and receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. Contract Amount: Owner shall compensate Contractor for the completed and approved Useable Active Storage ("Storage") Capacity in the Reservoir as defined in Paragraph 11 herein in an amount of $3,200 per acre foot of Useable Active Storage. This compensation amount is the actual cash compensation regardless of Delivery Date with no adjustments for the time value of money. Upon execution of this Construction Agreement, Owner shall pay Contractor $209,350. This amount will represent the "Down Payment" for future Useable Active Storage Capacity in an amount of 65.42 acre feet. The Parties agree and understand that this Down Payment will be applied to the first 65.42 acre feet of Storage delivered to the Owner per the terms of this Construction Agreement. 2. Contractor's Use of Mineral Interest: Owner grants Contractor the right to extract, convey, sell or otherwise use the minerals from the Property prior to delivery of the Storage to Owner under this Construction Agreement. This right shall include the use of the Property for the purpose of mining, extraction, and processing of sand and gravel and minerals contained therein, the extraction of any related materials encountered in the course of sand and gravel mining, and the normal and customary activities of Contractor, its employees, subcontractors and agents associated therewith. Contractor's right to extraction, use and/or sale of the minerals and collection of royalties from the Property expires for each Cell Construction Agreement—Zadel(v. 4-24-08) 2 upon Delivery of the Cell to Owner pursuant to paragraph number 16 or on December 31, 2021 whichever occurs first ("Extraction Deadline"). Any minerals remaining on the Property after the Extraction Deadline shall be the exclusive property of Owner. This right to extract minerals does not include oil, gas or any other minerals beyond those normally extracted as part of a sand and gravel mining operation. 3. Design and Construction: The design of each Cell to be constructed on the Property and the associated appurtenances including but not limited to interconnects shall be subject to Owner's approval prior to commencement of construction, which approval will not be unreasonably withheld. The Cells comprising the Reservoir shall be substantially similar in size, volume and configuration to the design drawings shown in Exhibit A - NCCI Pit #1, attached hereto and incorporated herein by this reference. Owner will be responsible for the construction of all ancillary facilities such as inlet structures, outlet works, access roads, and perimeter fencing. Contractor will be responsible for construction of the interconnects between cells, perimeter roads, and cell linings. 4. Permits and Reclamation Plan: Contractor will obtain approval of, and when necessary amend, the mining and reclamation and any mitigation plans and other permits necessary to construct the reservoir and mine the sand and gravel deposit on the Property (the "Permits"). Contractor shall provide Owner with copies of all existing and future Permits. Contractor shall comply with and perform all requirements in the Permits prior to Delivery, except any reclamation requirements which shall continue past Delivery. Owner shall have an opportunity to comment on the proposed mining, reclamation mitigation plans, and any amendments. Any comments by the Owner will be made promptly, and the Contractor shall favorably consider any such comments on the plans and amendments that are both consistent with the design specifications set forth in this Construction Agreement and the overall purpose of this Construction Agreement. The final approved mining, reclamation, and mitigation plans and any amendments shall be added as a supplement to this Construction Agreement. Contractor shall timely apply for any necessary Permits and shall agree to the requirements, restrictions, or conditions on such Permits as are common in the sand and gravel mining industry for the issuance of such Permits. Contractor will use good faith efforts in pursuit of a mined land reclamation permit to minimize the permit requirement for freeboard. 5. Changes in Design and Additional Work by Contractor: Contractor shall reasonably cooperate with Owner to obtain amendments to the Permits or changes in the mining plan or design of the Reservoir and each Cell to provide for the design and installation of any additional improvements or facilities desired by Owner for its use of the Property. Upon mutual agreement of the Parties, Contractor will negotiate with Owner for the construction of any such improvements or facilities, at Owner's expense but provided that the amount to Construction Agreement—Zadel(v.4-24-08) 3 be charged Owner for such work shall not exceed Contractor's cost of having such work performed plus overhead and profit together not to exceed 10%. 6. Evaporation Replacement on Sand and Gravel Operations: Contractor shall be responsible for obtaining and maintaining all required permits, substitute water supply plans and approvals required concerning the replacement to the stream system for evaporation or other water losses required to be replaced on, or in connection with, the gravel mining operation on the Property until the Delivery Date. Owner shall be responsible for making any required replacements. Such replacement will be carried out from sources provided to Contractor by Owner. 7. Mining and Reclamation of the Property: Contractor will mine the sand and gravel and related materials from the Property and complete reclamation in accordance with the approved plan for mining and reclamation and as required by all regulatory agencies. Prior to the Delivery Date for each Cell as set forth herein, Contractor shall have responsibility for maintaining and managing the Property including the Cell, undertaking all actions in that regard that would ordinarily be required of a Property owner, and shall do so in the manner required by Weld County or other applicable State of Colorado or other government regulations appropriate for sand and gravel mining operations. Contractor shall be responsible for obtaining final approval by all regulatory authorities of each Cell and all required reclamation, including acceptance by the Colorado State Engineer's Office ("SEO") of the permeability barrier in accordance with the State Engineer Guidelines for Lining Criteria for Gravel Pits (August 1999), or any subsequent revision thereof issued prior to the initiation of construction of the liner for each Cell, before the Cell is transferred to Owner. Subsequent to the Delivery Date of each Cell as set forth herein, Owner shall have responsibility for maintaining and managing the Cell, and Contractor shall have no further responsibility with respect to such cell except for Warranty and Post Delivery Reclamation Responsibilities as outlined herein. 8. Seller Retained Property (house): Pursuant to the provisions in the Purchase and Sale Agreement associated with this Construction Agreement, the Zadel Family LLLP ("Zadel") will either continue to own or have the right to re-acquire ownership of the property described in Exhibit A-1, including the existing structures ("Seller Retained Property"). At any and all times when this Construction Agreement is in effect and Thornton is the fee owner of the Seller Retained Property, Contractor shall have the right to possession and use of the Seller Retained Property pursuant to the following terms and conditions: A. Contractor agrees to place improvements upon the Seller Retained Property only with the prior, written approval of Thornton; B. Contractor agrees to indemnify and hold harmless, Thornton, its agents, officers, employees and contractors from and against any default, violation, or agreement contained in this Construction Agreement and to be performed by Contractor, or any damage to any person or property occasioned by Contractor's use and occupancy of the Seller Retained Construction Agreement—Zadel(v.4-24-08) 4 Property or by any use or occupancy which Contractor may permit or suffer to be made of the Seller Retained Property or any injury to person or persons occurring on or about the Seller Retained Property; C. Contractor agrees, at Contractor's expense to keep in good working condition all fencing, buildings, wells, well fixtures, pumps, lawns, trees, shrubbery and all other improvements. Contractor also agrees to keep in good working condition all appliances, electrical and mechanical, owned by Thornton and located on the Seller Retained Premises; D. Contractor agrees, at Contractor's expense to maintain all buildings and improvements in as good a condition as they existed at the time of execution of this Construction Agreement; and E. Contractor agrees that the Seller Retained Property shall be included and covered by the terms of this Construction Agreement, including but not limited to the insurance and indemnification provisions in paragraph numbers 18 and 19 of this Construction Agreement. 9. General Reservoir Requirements and Design Specification: The parties agree to the following requirements and specifications, which are to be undertaken during the course of Contractor's mining activities: A. General Requirements and Specifications. Upon or before the execution of this Construction Agreement, Contractor shall provide to Owner a copy of the following: a) An ALTA survey of the Property. b) Division of Minerals and Geology (DMG) Permit, all revisions and amendments to the permit and all correspondence with the DMG. c) Agreements and permits with or from any governmental agency, special district, private individual, or corporation that may impact, restrict, or otherwise effect the use of the property. d) Mining Plan and Reclamation Plan that includes the proposed final configuration of the Reservoir, interconnects, and all other items that are or will be contained on or within the Property to be purchased by the Owner. ii. Contractor shall continue to provide to Owner, until Delivery Date copies of the following: a) All correspondence with the DMG. b) New agreements and permits or modifications to existing agreements and permits with or from any governmental agency, special district, private individual, or corporation that may impact, restrict, or otherwise effect the use of the Property or Storage volume of the Reservoir. Construction Agreement—Zadel(v. 4-24-08) 5 c) All proposed changes to the Property boundaries or to easements and right-of ways. d) Any proposed or anticipated modifications to the current Mining Plan and Reclamation Plan that was provided to the Owner at Delivery. e) Any other modification that would change the proposed final configuration of the Reservoir, interconnects and all other items that are contained within the property to be purchased by the Owner. Contractor shall mine and reclaim the Property to provide the following: a) A Reservoir bottom with either 1) a slope of not less than 1 percent in each cell and so that water from all cells will drain to a single low point on the east side of the Reservoir or Cell or 2) a slope that will enable all water to drain to a single low point or pool at the east side of the Reservoir or Cell so that the pump inlet with an invert at the elevation of the Reservoir bottom can move all but the final 100 ac-ft of the Reservoir or Cell at a rate of at least 25 cfs. b) A pad adjacent to the low point in the Reservoir with a surface area of 200 feet by 200 feet and at the elevation of the existing ground prior to mining. This site will be used by the Owner to construct a future pump station. The fill pad shall consist of either native, undisturbed materials or compacted fill. All slopes shall meet the criteria for Reservoir Slopes as defined in Item B. If compacted fill is used to construct the pad, the fill shall be suitable to provide a bearing capacity of not less than 3,000 pounds per square foot with less than 1 inch of settlement. All fill shall be compacted to at least 95 percent of standard Proctor maximum density at a moisture content between minus 2 and plus 3 percent of Proctor optimum moisture content. c) A 20-foot-wide gravel surfaced access road with a minimum radius of 50 feet around the perimeter of each cell and to the pump station pad. d) Lined below grade water Storage that meets the Design Standard as defined by the State Engineer Guidelines for Lining Criteria for Gravel Pits and the criteria of this Construction Agreement. e) Hydraulic interconnect facilities to convey water between each of the cells that meets the criteria in this Construction Agreement. f) Any trenches excavated into the bottom of the Reservoir to facilitate drainage and conveyance of water shall have side slopes at 3H:1 V or flatter and a bottom width of at least 20 feet. iv. Owner shall have the option, at its expense, of having surveys of the Property conducted by its agents, representatives, and contractors. Construction Agreement—Zadel(v.4-24-08) 6 v. The Parties shall provide each other with copies of whatever surveys are obtained without charge. vi. Contractor shall give Owner notification of the completion of the Reservoir at least 1 year prior to the expected date of completion (Delivery Date). B. Reservoir Clay Liner and Side Slopes i. The clay liner shall be designed to meet the "Design Standard" described in the State Engineer Guidelines for Lining Criteria for Gravel Pits (August 1999), as amended from time to time, in effect at the time of construction and approval of the clay liner. The liner design shall be performed by a Colorado registered engineer and be submitted to Owner for its approval ninety (90) days prior to the start of construction of any part of the liner. Any modifications to the liner design occurring subsequent to the approval of the design by Owner shall be submitted to Owner for review, comment, and approval at least sixty (60) days before the start of implementation of any modifications to the approved design. ii. The Reservoir side slopes shall be designed by a Colorado registered engineer and be submitted to Owner for its approval ninety (90) days prior to the start of construction of any part of the Cell slopes. The Cell side slopes shall have a slope of 3H:1 V or flatter, have adequate seepage stability to prevent erosion when the reservoir is empty, and be designed have a slope stability factor of safety (FOS) of not less than the following: Steady state seepage with a full Reservoir— 1.5 Steady state seepage with an empty Reservoir— 1.5 Rapid drawdown from full to empty Reservoir at an evacuation rate of 25 cfs— 1.4 Rapid drawdown from full to empty Reservoir at an evacuation rate of 50 cfs— 1.2 Earthquake with a full Reservoir— 1.0 Earthquake with an empty Reservoir- 1.0 Any modifications to the liner or slope design occurring subsequent to the approval of the design shall be submitted to Owner for review, comment, and approval at least sixty (60) days before the start of implementation of any modifications to the approved design. The design documents submitted to Owner shall include, at a minimum, the following: a) A plan drawing that shows the final proposed ground surface topography of the site. b) A profile drawing that shows the top and bottom elevation of the clay liner and key depth into bedrock. Construction Agreement—Zadel(v. 4-24-08) 7 c) Section drawings that depict the limits of excavation, final ground topography, configuration and geometry of the liner, and locations and contacts between fill zones of each different material that will comprise the fill materials between the limits of excavation and the final surface of the slopes. d) Geotechnical data such as boring logs and laboratory tests used to evaluate the subsurface materials and prepare the design. e) Calculations that were used to develop the material properties for the seepage and stability analyses. Calculations that were used to develop the estimate of steady state leakage into an empty pit and a comparison to the allowable SEO leakage rate for each cell; and to confirm that the slopes will have acceptable seepage and stability factors of safety. g) Descriptions of each type of material that will be used in installation of the liner and slopes, and any laboratory tests that have been performed on the materials to be used in installation. h) Technical specifications for slope and clay liner construction. These shall include requirements for dewatering and management of groundwater, excavation, foundation preparation, side slopes for excavation and fill placement against native materials and previously placed fill material; description of material that will be acceptable for use in liner and slope construction, borrow material processing and moisture conditioning, fill placement and compaction procedures, sequencing requirements, protection for completed portions of work and required quality control testing and observation. The degree of compaction shall not be less than ninety-five percent (95%) Standard Proctor Maximum Dry Density. i) Sources of materials and the material properties of the materials to be used in construction of the clay liner and slopes. j) Normal pool elevation for the completed facility. k) Other pertinent backup information used to prepare the design. I) A quality control/quality assurance plan for liner and slope construction prepared by a Colorado licensed professional engineer shall be submitted to Owner after acceptance of the design and at least sixty (60) days before the start of liner and slope construction for review, Construction Agreement—Zadel(v.4-24-08) 8 comment, and approval by the Owner. The quality assurance plan shall include, at a minimum, the following: i) Procedures that will be used to provide horizontal and vertical control and measure and record the excavation limits and geometry of the liner and other zones within the slope. ii) Descriptions of the field and laboratory tests that will be performed and the frequency of each type of test. iii) Actions to be taken if unsatisfactory material or workmanship is discovered in the installation. iv) Qualifications of field and office personnel that will perform the quality control. v) Extent of involvement of the design engineer or representative thereof in the field during construction (full or part time). iv. Owner shall have the right to observe and document any portion of the liner, slope, or other construction and to perform field tests at Owner's expense to confirm conformance to approved design documents at any time during the performance of the work. v. Contractor shall provide interim written quality control observation reports and results of field and laboratory tests at least monthly during construction of the slopes and liner. Owner may also have a representative present at any meetings between Contractor and its consultants or contractors relating to the construction of the slopes and liner, and Contractor shall notify Owner of any such meetings at least twenty-four(24) hours prior to the time of the meeting. vi. A final completion report prepared by a Colorado registered engineer confirming that each cell and all fill placed and other parts the completed work was completed in accordance with the plans and specifications shall be provided to Owner within sixty (60) days after completion of slopes and liner. The final completion report shall include at a minimum the following: a) A plan drawing that shows the as-constructed final ground surface topography of the site at a scale of 1 inch equals 50 feet and at a contour interval of 1 foot. b) A profile drawing that shows the as-constructed top and bottom elevation of the clay liner and, key depth into bedrock. Construction Agreement—Zadel(v.4-24-08) 9 c) Section drawings that depict the as-constructed limits of excavation, final ground topography, configuration and geometry of the liner, and locations and contacts between fill zones of different materials that comprise the materials between the limits of excavation and the final surface of the slopes. d) Descriptions of material(s) that were used to construct the Cell side slopes and the liner. e) Results of the field and laboratory tests performed and daily observation reports. Description of any modifications to the original design that occurred during installation. g) A volume/elevation-capacity table and curve for each cell. The table shall include the Storage volume at 1-foot intervals. vii. Any modifications to the liner or slope, remedial work to reduce seepage work or to correct substantial deficiencies, or penetrations of the liner that deviate from the approved plans shall be designed by a Colorado registered engineer and be submitted to Owner for review, comment, and approval at least sixty (60) days before the start of any such work. The design documents submitted to Owner shall include at a minimum (a) plan and section drawings that depict the proposed work, (b) technical specifications for the work, (c) other pertinent backup information used to prepare the design, and (d) calculations that provide an estimate of the effect on the steady state leakage rate into an empty pit after the work is completed and to the slope stability factor of safety and the seepage stability factor of safety. C. Jurisdictional Dam Issues. i. Contractor shall provide at least sixty (60) days notice to Owner prior to changing the topography on the Property so as to retain water above the elevation of the natural grade of the perimeter of the Reservoir that existed prior to mining. ii. Contractor shall provide least sixty (60) days notice to Owner prior to making any modifications that would require review by the SEO, Dam Safety Branch. Prior to providing the notice to the Owner and to obtaining approval from the SEO, Contractor shall not place fill above the elevation of the natural ground surface that existed prior to the start of mining or make any modifications to the site that would require review and approval by the SEO, Dam Safety Branch. Construction Agreement—Zadel(v.4-24-08) 10 iv. Contractor shall not permanently place such fill or make modifications that Owner believes would require review by the SEO, Dam Safety Branch, without Contractor first obtaining Owner's written agreement. v. Any dam or modification shall be designed by a Colorado registered engineer and submitted to Owner for review and comment at least sixty (60) days before the design documents are submitted to the SEO for review. The design documents submitted to Owner shall include at a minimum the following: a) Design report and calculations as required by the SEO, Dam Safety Branch. b) Drawings and technical specifications as required by the SEO, Dam Safety Branch. vi. Subsequent to submitting the design documents to the SEO for review and approval, Owner may negotiate concerning the inclusion of a jurisdictional dam on the Property, limitations on the height of jurisdictional dams, the amount of Storage developed above the original ground surface, and changes to the locations and design of dam facilities, such as the embankment configuration and slope protection, spillway, and outlet works to improve the ability of the completed facility to meet Owner's long-term objectives. However, if the Parties cannot agree, Owner may proceed with construction in accordance with the design documents approved by the SEO. vii. Should Owner become aware that the Reservoir contains elements of a jurisdictional dam, not previously identified in the plans, it shall notify Contractor in writing of its concern. If after discussion between Owner and Contractor, Owner is still concerned that the Reservoir contains elements of a jurisdictional dam, Contractor shall, at its expense, request the assistance of the SEO in determining whether the Property includes a jurisdictional dam. If the parties reasonably disagree as to whether the Reservoir contains elements of a jurisdictional dam, and Owner requires Contractor to request the assistance of the SEO, and the SEO determines that the Reservoir does not include a jurisdictional dam, Owner shall reimburse Contractor for its out of pocket expenses paid to outside consultants for presenting the issue to the SEO. viii. If the SEO determines there is or may be a jurisdictional dam on the Property, Contractor will have the right prior to Delivery to pursue either (a) obtaining from the SEO final approval of the jurisdictional dam, indicating the installation is in accordance with the Rules and Regulations for Dam Safety and Dam Construction, 2 CCR 402-1, as amended, and that Contractor has permission from the SEO to store water, or (b) a written determination by the SEO that no jurisdictional dam exists and/or no permit or approval is necessary. Construction Agreement—Zadel(v.4-24-08) 11 ix. Contractor shall also notify any permitting authority or jurisdiction and will seek amendments to the Permits if required or requested. If any parts of the site are within the flood plain, Contractor will coordinate with the required agencies and not make any modifications to the property prior to obtaining the required permits. D. Cell Interconnects i. The Contractor shall design and construct all interconnect pipelines between individual Cells of the reservoir to meet the criteria defined in this contract. The interconnect shall include a stilling well or wells for Reservoir/Cell water level measurement. The interconnect and stilling well design shall be performed by a Colorado registered engineer and be submitted to Owner for its approval ninety (90) days prior to the start of construction of any part of the interconnect. Any modifications to the interconnect design occurring subsequent to the approval of the design shall be submitted to Owner for review, comment and approval at least sixty (60) days before the start of implementation of any modifications to the approved design. ii. The design shall be based on the following criteria: a) Minimum pipe size for an interconnect is thirty-six (36) inches in diameter. b) Pipe velocity at design flow shall not exceed ten (10) feet per second. c) Pipe shall be designed to convey flow in both directions. The design flow rate shall be 50 cfs with a 5-foot head differential between cells d) Pipe shall be: i) Conventional Installation: Epoxy coated (min. 80 mils AWWA C209 and C214) steel pipe with cement mortar lining (AWWA C205). Pipe shall be cathodicly protected. Steel pipe shall conform to AWWA C200. Pipe joints shall be restrained. ii) Bore/Jack Installation: Casing pipe shall be epoxy coated (min. 80 mils AWWA C209 and C214) steel pipe. Carrier pipe shall be Steel(see criteria under Conventional Installation) or DIP pipe (AWWA C-150 and C-151) with cement mortar lining (AWWA C104). Carrier pipe shall have bituminous exterior coating and wrapped with polyethylene (min. 8 mils AWWA C105). Carrier pipe shall be Pressure Class 150 for all sizes. Carrier pipe joints shall be restrained. Pipe skids are required for installation of Carrier Construction Agreement—Zadel(v. 4-24-08) 12 p/Pe. Annular space between Casing pipe and Carrier pipe shall be grouted. e) Hydraulically operated and controlled sluice gates shall be placed on both ends of interconnect to allow for water from either Cell and the interconnect pipe to be drained completely while the other Cell remains full. The gate shall be designed for the seating and unseating heads of the cells on either side of the gate. The gate shall conform to AWWA C501. The stem, all bolts, and hydraulic lines shall be stainless steel. An underground hydraulic control vault shall be placed at the top of the embankment. A minimum of two (2) conduits shall be provided for hydraulic lines for each gate. The minimum size of conduits shall be two (2) inches in diameter and shall be Schedule 80 PVC. f) Energy dissipation shall be provided at both ends of the interconnect. Energy dissipation shall be sufficient to handle maximum possible headwater at inlet with no tailwater at outlet. g) A removable hinged trashrack shall be provided at both ends of interconnect. The trashrack and all embedded and connection elements shall be galvanized steel. h) A drain and inspection manhole shall be placed within the embankment crest. The manhole shall provide access to the interconnect pipe. An access tee shall be placed in-line on the interconnect pipe within the manhole. The tee shall be flanged, capped, and facing up. The flanged end shall be a minimum size of twenty-four (24) inches in diameter to allow for inspection of the interconnect. An eight (8) inch diameter PVC or HDPE drain pipe, valve, and tap shall be located within manhole. For manholes greater than fifteen (15) feet, alternating platforms shall be included. i) Clay plugs shall be installed to prevent water migration through pipe bedding and Cell embankment. j) Provide a connection detail at the interconnection between the clay liner and pipe to manage and control seepage along the conduit. k) Provide a stilling well for the north cell. The stilling well shall consist of a 24-inch vertical HDPE pipe located near the interconnect control vault and shall be connected to an 8-inch or larger HDPE pipe located at the invert of the interconnect that extends to the Reservoir near the inlet structure at the north Cell. The Owner will mount its equipment on the top of the 24-inch pipe and install a recorder to monitor Reservoir levels. The top of the 24- Construction Agreement—Zadel(v.4-24-08) 13 inch pipe shall be located between 2'-6"and 3'-0"above the top of the final ground surface. The design documents submitted to Owner shall include, at a minimum, the following: a) Design drawings that include a plan and profile drawing that shows the horizontal and vertical alignment of the pipe, inlets/outlets, and other components of the interconnect; limits of excavation and backfill types along the pipe and around the structures; plan and section drawings that depict structural details, thickness of reinforced concrete, and types and locations of reinforcing steel, connection details for gates and other embedded items; and any other facilities that are part of the interconnect; sections and details that depict the connection between the pipe and the liner; and sections and details that depict all pipe connections and cathodic protection system components. b) Hydraulic calculations that were used to size the pipe, trashracks, and gates; geotechnical calculations for lateral earth pressures, bearing capacity, consolidation/swell, and structural calculations for structural stability and design of the reinforced concrete, structural members, and trashracks. c) Technical specifications for interconnect construction. These shall include requirements for dewatering and management of groundwater, excavation, foundation preparation, side slopes for excavation and fill placement against native materials and previously placed fill material, and for connection to the liner; description of all materials for pipe, concrete, steel, gates, and other materials that will be used to construct the interconnect; sequencing requirements and procedures that will be required to construct the various parts of the interconnect; requirements for commissioning and testing the interconnect, protection for completed portions of work, and required quality control testing for earthwork, pipe, and concrete and frequency of observation by the design engineer. E. Exceptions Notwithstanding anything to the contrary above, in the event that design or installation activities have begun prior to the execution of this Construction Agreement, any requirement for the notification of an event or planned activity by Contractor to Owner or the delivery of any document or plans by Contractor to Owner, shall be modified to require such notification or delivery prior to the execution of this Construction Agreement. F. Approval of Reservoir or Cell by SEO Construction Agreement—Zadel(v. 4-24-08) 14 i. Not later than fourteen (14) days after completion of mining activities for the Reservoir or any Cell, Contractor shall, at its expense: a) Request an inspection of the Reservoir or Cell by the SEO. b) Diligently pursue obtaining a permit and/or approval letter indicating that the Reservoir or Cell meets all requirements for design or performance set forth in the State Engineer Guidelines for Lining Criteria for Gravel Pits (August 1999), as amended. c) If applicable, take those steps necessary to obtain SEO approval of a jurisdictional dam. ii. Contractor shall, at its expense, have the Reservoir or Cell surveyed by an independent engineer or surveyor, licensed to practice surveying in the State of Colorado, with such survey to include a) a topographic ALTA survey mapping the Reservoir with an accuracy equivalent to scale of one (1) inch equals fifty (50) feet with one (1) foot interval contours, (b) horizontal control referenced to the NAD-83-92 Modified Colorado Central State Plane Coordinate System, and (c) vertical control referenced to NA VD 1988. iii. Contractor shall, at its own expense, have prepared a set of "as built" installation drawings certified by an independent engineer licensed in the State of Colorado upon the completion of all installation activities, including any activities required by the SEO. iv. Contractor shall use the survey to have an elevation-capacity table and curve of the Reservoir prepared by an independent engineer licensed in the State of Colorado. The table and curve shall start at the top of the dead storage pool, if any, and extend to the top of the Reservoir. The capacity of the Reservoir or Cell shall not include any Passive (Dead) Storage. v. In the event that the Reservoir or Cell is not approved by the SEC) within twelve (12) months of the cessation of mining activities, either party may terminate the Construction Agreement upon giving the other party written notice thirty (30) days prior to such termination. Notwithstanding the above, if Contractor is taking action to obtain such permits and final approvals, and substantial progress has and is being made in such progress; such twelve (12) month period shall be extended for a reasonable period of time to obtain such permits and approvals. vi. If Contractor is successful in obtaining the approval of the SEO of a jurisdictional dam, and if Owner decides to purchase the additional storage, then upon the SEO issuing a final approval of the jurisdictional dam, the parties will calculate the additional Usable Water Storage Capacity resulting from the construction of the dam using as the Normal Maximum Water Surface the Construction Agreement—Zadel(v. 4-24-08) 15 elevation which is the highest water elevation approved by the SEO for the permanent (not temporary routing storage flow)storage of water behind the dam. vii. Should at any time during the term of this Construction Agreement the expected Reservoir capacity or the expected Delivery Date change substantially from that communicated to Owner, Contractor shall promptly notify Owner of such changes. Contractor agrees to make all commercially reasonable efforts to meet the expected Delivery Date. G. Warranty Contractor shall warrant the design, installation, and construction of the earthwork, dikes, and other Reservoir facilities constructed by the Contractor as suitable for their intended purpose upon Delivery of the Reservoir or a Cell: i. For a period of twelve (12) months after the Delivery Date, if Owner does not at any time store water in an amount of at least 75% of the Useable Active Storage Capacity; or ii. For a period of twelve (12) months after the first fill of at least 20% of the Useable Active Storage Capacity, but in no case longer than 24 months after the Delivery Date of the Reservoir or a Cell. H. Additional Warranties Contractor shall assign to Owner upon Delivery for the water Storage any and all warranties received by Contractor from its contractors and subcontractors which pertain to the Reservoir or a cell and shall cooperate with Owner in the event it becomes necessary for Owner to enforce such warranties. Should said warranties not be assignable without the warrantor's consent, Contractor and Owner shall use their reasonable best efforts to obtain that consent. For any contracts or agreements entered into by Contractor subsequent to the execution of this Construction Agreement, Contractor shall require that any warranties contained in such agreements or contracts shall be assignable by Contractor to Owner. 10. Completion of Mining: Contractor shall notify Owner at such time as the mining of each cell on the Property is completed and will cause the pit to be dewatered so that the Storage capacity may be accurately determined. Contractor will obtain all permits necessary to dewater the pit, including any temporary substitute water supply plan as may be required by the State or Division Engineer. 11. Timing and Calculation of Final Water Storage Contract Amount and Payment: The Contract Amount ("Contract Amount") for each Cell delivered Construction Agreement—Zadel(v. 4-24-08) 16 shall be determined in accordance with the unit price in Paragraph 1 herein, for Useable Active Storage Capacity of each Cell, based on an appropriate detailed survey of the final water Storage capacity of each Cell ("Final Survey"). For purposes of this Construction Agreement, Useable Active Storage Capacity shall be defined as that volume of water below the Normal Maximum Water Surface being two feet below the lowest point of the crest of the reservoir or spillway; less any Dead Storage, being any volume of water that will not gravity drain to the reservoir's pump inlet with an invert at the elevation of the Reservoir bottom; less any Passive Storage being any water absorbed into the walls or bottom of the Reservoir; and, less any additional reduction in storage capacity as required by the State Engineer's Office. Within ninety (90) days of Contractor's notification of the completion of mining, the Owner at its sole cost will have the Final Survey performed by a registered professional engineer who will certify the exact quantity of Useable Active Storage Capacity available in each Cell delivered and said volume will be used for calculation of the Contract Amount of each Cell. The capacity for the purposes of calculating the Contract Amount will be based upon the Useable Active Storage Capacity. Owner will provide Contractor at the Delivery of each Cell with a copy of the Final Survey and the corresponding calculation of the Useable Active Storage Capacity and an area-capacity chart. Contractor and Owner shall agree on a Delivery Date pursuant to paragraph 16 of this Construction Agreement. On the Delivery Date Owner shall pay Contractor the Contract Amount calculated for the Cell and Contractor shall relinquish control of the Cell to Owner, notwithstanding contractual obligations beyond delivery set forth herein. The Contractor shall deliver the smaller cell first. If the larger cell is completed prior to the smaller cell, the Contractor will not be paid for the larger cell until such time that the smaller cell is delivered, unless the smaller cell cannot be delivered due to circumstances totally beyond the control of the Contractor. 12. Contractor Representations and Warranties: Contractor represents and warrants as follows: a. Encumbrances. Contractor agrees that it will not encumber the Property in any way including, but not limited to mechanics liens, nor grant any property or contract right relating to the Property or other interests without the prior written consent of Owner. Contractor further agrees that if any encumbrances are created by actions of Contractor, Contractor will cause any and all such encumbrances to be removed, released, and cleared prior to the Delivery Date of the Reservoir or any Cell. b. Compliance with Government Regulations. Contractor warrants that there are no orders or directives of any city, county, state, federal or other governmental authority for repairs, maintenance work, or improvements to be performed on the Property. To the best of Contractor's current, actual knowledge, Contractor has received no written notice from any municipal, state, Construction Agreement—Zadel(v. 4-24-08) 17 or other statutory authority relating to defects in any improvements, or noncompliance with any building code or restriction, applicable to the Property that has not been corrected, or any written notice of or impending expropriation or condemnation of the Property. c. Condition of Property at the time of Delivery of Water Storage. Contractor warrants that there are and will be no material defects or conditions affecting the use, development, or value of the Property as regards its use for storage of water for domestic use as of the Delivery Date of the Reservoir or any Cell. Contractor warrants that the Property has not been used by it, and to the best of its knowledge has not been used in the past, as a waste disposal or landfill facility, and that no underground storage tanks are or have been present. Contractor further warrants that to the best of its knowledge the Property is free of hazardous wastes and hazardous substances as those terms are defined by applicable federal and state statutes now in existence. Contractor further warrants that during its occupancy of the premises and to the best of its knowledge prior to its occupancy no petroleum products, including motor vehicle fuels and equipment maintenance fluids, have been spilled or released on the Property or that if such spills or releases have occurred, they have been fully reported to the appropriate regulatory agencies and necessary cleanup or remedial actions have been completed. Contractor, at its sole cost and expense, shall remove all mined materials; fines; overburden; construction materials or debris; equipment; supplies; and any other personal property from the Property prior to Delivery of the water Storage. d. Litigation. Contractor warrants that there is not now, nor will there be as of the Delivery Date of the Reservoir or any Cell, any dispute, action, or litigation pending or threatened respecting its use of the Property or other interests. e. Contracts, Leases, and Agreements. Unless accepted by Owner in writing, Contractor will not enter into any contracts, leases, licenses, commitments, or undertakings respecting the use or maintenance of the Property or the performance of services on the Property by which Owner would become obligated or liable to any third party except that Owner will cooperate with Contractor in connection with Contractor's applications for permits to open and operate a sand and gravel pit on the Property and construct the Reservoir. f. Compliance with Law. Contractor warrants that it has complied in all material respects with all laws, rules, regulations, ordinances, orders, judgments, and decrees applicable to the Property, and Contractor warrants that there is no proposed order, judgment, decree, governmental taking, or other proceeding applicable to Contractor which might materially adversely affect the Property or its ability to comply with the terms of this Construction Agreement. g. Utilities. Contractor warrants that it has not received any written notice of the curtailment of any utility service supplied to the Property. Construction Agreement—Zadel(v.4-24-08) 18 h. Zoning. Contractor has not requested, applied for, or given its consent to, and warrants that there are no pending requests for zoning variances or changes with respect to the Property or its zoning. Contractor further warrants that it will not give its consent to or request any zoning variances or changes with respect to the Property or its zoning without the written consent of Owner. 13. Termination for Permitting Issues: Contractor, at any time before the commencement of construction of the Reservoir or any Cell, may terminate this Construction Agreement as to any Cell only in the event Contractor is not able to obtain the necessary permits from governmental authorities having jurisdiction over the Property to permit the mining of sand and gravel for the Cell. In the event Contractor is unable to acquire necessary permits or unable to complete construction of the water storage facilities upon the Property, in addition to any other remedies available to the Owner, the Owner at its sole discretion may, subject to any applicable terms of this Construction Agreement, seek and complete permitting and construction of water storage facilities upon the Property. In the event of Termination of this Construction Agreement by Contractor as to a Cell, the following requirements shall apply: a. Contractor shall give notice to Owner that it is unable to obtain the necessary permits and finds it necessary to terminate this Construction Agreement as to a particular Cell. b. Within thirty (30) days after such notice is given by Contractor, the Owner shall receive possession of the Cell and Contractor shall have no further rights to the sand, gravel and other minerals in the Cell. 14. Default: a. In the event Owner is in default prior to Delivery of the water storage, Contractor shall have the right to retain all amounts paid to Contractor, and to recover amounts otherwise due from Owner. Contractor shall have the right to seek damages incurred as a result of Owner's Default. b. In the event Contractor is in default prior to Delivery of the water storage, or if the Reservoir is not delivered prior to December 31, 2021, Contractor shall be deemed in Default and relinquish possession of the Property and the remaining sand, gravel and other mineral rights to the Owner. Owner shall have the sole right to renegotiate a later delivery date if it is in the Owner's best interest. Contractor shall have the right to retain all amounts paid to Contractor, and to recover amounts otherwise due from Owner, for the developed, approved and delivered Reservoir or completed Cells at the time of default based on the acre foot price as stated in Paragraph 1 of this Construction Agreement. 15. Proof, Title Defects, Resolution of Title Defects and Deeds: Construction Agreement—Zadel(v.4-24-08) 19 a. Contractor provided items. No later than ninety (90) days before Delivery of the water Storage, Contractor, at its sole cost, shall furnish Owner with then current updates of the following materials that pertain to the Property or subject Cell, which must demonstrate no change in the status of title since Owner's purchase of the Property. Contractor shall provide before each Delivery: A title insurance commitment for the Property which Commitment demonstrates that no encumbrances have been placed on the Property during the term of this Construction Agreement. ii. Copies of all governmental applications, permits, licenses, certificates, or agreements relating to the zoning, operation, occupancy, or use of the Property and Cells. iii. Copies of any surveys, soils geotechnical and engineering reports, feasibility studies, site plats and plans, and other reports, studies, or documents relating to the Cell or Cells. iv. An independent environmental assessment, satisfactory to Thornton in its sole discretion, and further in compliance with ASTM Standard E 1527 commonly referred to as a "Phase One Audit," or any successor standard, demonstrating the absence of any "recognized environmental condition," as defined by the ASTM Standard, associated with the Cells and Property. 16 Delivery of the Water Storage: a. Delivery of each Cell will occur within sixty (60) days after the Final Survey for the Cell is completed and all approvals have been received. b. Events at Delivery. The following events shall take place at the time and place of Delivery and transfer of each Cell ("Delivery" or the "Delivery Date"). No payment or Delivery shall be made or deemed made until after all the events have been completed: Owner shall pay to Contractor the amount set forth herein. ii. Contractor shall execute and deliver to Owner a certificate that the Cell to be Delivered has been constructed, surveyed, inspected and approved for its intended use free and clear of any and all liens, taxes, or other encumbrances of any kind whatsoever. c. Payment of Encumbrances. Any encumbrance required to be paid shall be paid at or before Delivery from the proceeds of this transaction or from any other source of Contractor. Construction Agreement—Zad el(v. 4-24-08) 20 17. Post-Delivery Reclamation Responsibilities: Contractor shall remain responsible for compliance with all the terms and conditions of the Permits. Upon execution of this Construction Agreement, no amendment shall be made to any mining or reclamation plan, or any special or conditional use permit without Owner's prior written approval. Contractor will obtain Owner's written approval prior to the release of any reclamation bond, which approval will not be unreasonably withheld. a. Contractor's Access to the Property for Reclamation Purposes. Contractor will be permitted to enter and have access to the Property for purposes of complying with and completing any reclamation or other post mining work necessary under the Permits after the Delivery Date. In performing any reclamation or post mining work necessary under the Permits, Contractor shall not destroy, damage, or injure the Property or any improvements on the Property. 18. Insurance. So long as it has not been released from the bonds and obligations under the Permits, Contractor shall procure and maintain in force, at its own cost, the following coverages: a. Workers' Compensation Insurance as required by the Labor Code of the State of Colorado and Employer's Liability Insurance. b. Commercial General Liability Insurance with minimum combined single limits of Five Million Dollars ($5,000,000.00) each occurrence and Five Million Dollars ($5,000,000.00) general aggregate, with such policy to be applicable to all premises and operations, including coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations, and also including coverage for explosion, collapse, and underground hazards. c. Automobile Liability Insurance with minimum combined single limits for bodily injury and property damage of not less than One Million Dollars ($1,000,000.00) for any one occurrence, with respect to each of Contractor's owned, hired or non-owned vehicles assigned to or used in performance of the Construction Agreement, reclamation or other post mining work necessary under the Permits. d. Contractor shall procure and maintain, and shall cause any Subcontractor of Contractor to procure and maintain, the minimum insurance coverages listed herein. Such coverages shall be procured and maintained with forms and insurers acceptable to Owner. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by Contractor. In the case of any claims-made policy, the necessary retroactive dates and Construction Agreement—Zadel(v.4-24-08) 21 extended reporting periods shall be procured to maintain such continuous coverage. e. A Certificate of Insurance shall be completed by Contractor's Insurance Agent(s) as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect and shall be subject to review and approval by Owner prior to any entry onto the Property by Contractor after Delivery. The Certificate shall identify this Construction Agreement and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) Days prior written notice has been given to Owner. The Certificate shall name Owner, its officers and its employees as additional insured with respect to the General Liability Insurance. The completed Certificate of Insurance shall be sent to: City of Thornton Risk Management P.O. Box 291220 Thornton, CO 80229-1220 f. Owner reserves the right to request and receive a certified copy of any policy and any endorsement thereto. Contractor shall execute any and all documents necessary to allow Owner access to any and all insurance policies and endorsements pertaining to this particular job. g. Every policy required above shall be primary insurance, and any insurance carried by Owner, its officers, or its employees shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under the policies required above. h. Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to this Construction Agreement or under the Permits by reason of its failure to procure and maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types. 19. Indemnification: Contractor hereby indemnifies, agrees to hold harmless, and agrees to reimburse Owner, its employees, agents, contractors, licensees, invitees, lenders, and holders of security interests, and their respective heirs, successors, and assigns against any and all claims, demands, judgments, penalties, liabilities, contractual obligations costs, damages, and expenses, directly or indirectly incurred by Owner arising from the Contractor's actions, including but not limited to operations on the Property under this Construction Agreement, or arising out of the gravel pit mining or reservoir construction projects. Construction Agreement—Zadel(v.4-24-08) 22 20. Governmental Immunity: The parties hereto understand and agree that the City of Thornton, its officers, and its employees, are relying on, and do not waive or intend to waive, by any provision of this Construction Agreement, any rights, protections, or privileges provided by the Colorado Governmental Immunity Act, 24-10-101 C.R.S., et seq., as it is from time to time amended, or otherwise available to Thornton, its officers, or employees. However, Governmental Immunity shall not be available or asserted by the City of Thornton as a defense to any of the contract remedies available to Contractor under this Construction Agreement 21. Authority of Thornton: This Construction Agreement is expressly subject to and shall not become effective or binding on Thornton until the Construction Agreement is fully executed by all signatories of the City of Thornton. Thornton warrants that Thornton is a home rule municipal corporation duly organized, validly existing and in good standing under the laws of the State of Colorado; has the right, power, and legal capacity to enter into and perform its obligations under this Construction Agreement and the documents to be executed and delivered pursuant hereto; and the execution and delivery of this Construction Agreement and such documents and the performance and observance of their terms, conditions, and obligations have been duly and validly authorized by all necessary action on its part to make this Construction Agreement and such documents and such performance and observance valid and binding upon Thornton. 22. Authority of Contractor: Contractor warrants that Contractor is a Colorado Corporation duly organized, validly existing and in good standing under the laws of the State of Colorado; is qualified to transact business in the State of Colorado; has the right, power, and legal capacity to enter into and perform its obligations under this Construction Agreement and the documents to be executed and delivered pursuant hereto; and the execution and delivery of this Construction Agreement and such documents and the performance and observance of their terms, conditions, and obligations have been duly and validly authorized by all necessary action on its part to make this Construction Agreement and such documents and such performance and observance valid and binding upon Contractor. 23. Veracity of Representations and Warranties: No representations or warranty made by Contractor or Owner in this Construction Agreement, or any schedule or exhibit attached hereto or in any certificate or other document furnished by either party pursuant to this Construction Agreement contains any untrue statement of material fact or omits any material fact. 24. Amendment: This Construction Agreement may be modified, amended, changed, or terminated in whole or in any part only by an agreement in writing duly authorized and executed by both Parties with the same formality as this Construction Agreement. Construction Agreement—Zadel(v.4-24-08) 23 25. Notification of Default and Cure: Notice of any default under this Construction Agreement shall be given to the defaulting party by the non-defaulting party. The defaulting party shall have twenty (20) days to cure any such default before any of the remedies identified in Paragraph 14 above are available to the non- defaulting party, provided that the period for curing any such default shall be extended for a reasonable period of time if the defaulting party is proceeding with all reasonable diligence to cure the default. 26. Waiver: The waiver of any breach of any provision of this Construction Agreement by any Party shall not constitute a continuing waiver of any subsequent breach of said Party, for either breach of the same or any other provision of this Construction Agreement. 27. Entire Agreement: This Construction Agreement along with a simultaneously executed Purchase and Sale Agreement represents the entire agreement of the Parties, and neither Party has relied upon any fact or representation not expressly set forth herein. This Construction Agreement executed or otherwise shall only be valid and enforceable if the Purchase and Sale Agreement is fully executed. This Water Storage Reservoir Construction Agreement supersedes all other prior agreements and understandings of any type both written and oral, among the parties with respect to the subject matter hereof. It has been made known to the Buyer that there currently exists a Royalties Agreement between Zadel Family, LLLP and Northern Colorado Constructors, Inc. (A copy of this Agreement has been supplied to the Buyer) The buyer having been notified of such Agreement will have no interest in this Royalties Agreement and any such Agreement will be between Zadel Family, LLLP and Northern Colorado Constructors, Inc. Any such Royalties Agreement shall be between the two parties and have no effect upon the Purchase and Sale Agreement or the Water Storage Reservoir Construction Agreement. 28. Headings for Convenience Only: Paragraph headings and titles contained herein are intended for convenience and reference only and are not intended to define, limit or describe the scope or intent of any provision of this Construction Agreement. 29. Non-Severability and Effect of Invalidity: Each paragraph of this Construction Agreement is intertwined with the others and is not severable unless by mutual consent of the Parties hereto. 30. Assignability: Contractor may not assign its rights or delegate its duties hereunder without the prior written consent of Owner. Owner may assign its rights or delegate its duties hereunder to another municipality or special district that has the demonstrated resources to meet the financial obligations of this Construction Agreement without the prior written consent of Contractor. Any other assignment or delegation by Owner will require Contractor's written consent. Construction Agreement—Zadel(v.4-24-08) 24 31. Binding Effect: This Construction Agreement and the rights and obligations created hereby shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors and assigns, if any. 32. Governing Law and Venue: This Construction Agreement and its application shall be construed in accordance with the laws of the State of Colorado. The Parties agree that venue for any litigated disputes regarding this Construction Agreement shall be the District Court in and for Weld County, Colorado, unless any such issues are water matters as defined by C.R.S. § 37-92- 203, for which the Parties agree the venue for any litigated disputes shall be the District Court, Water Division 1. However, the Owner and Contractor may avail themselves of the procedures provided in C.R.S. § 13-3-111. 33. Multiple Originals: This Construction Agreement may be simultaneously executed in any number of counterparts, each of which shall be deemed original but all of which constitute one and the same Construction Agreement. 34. Survival of Representations: Each and every covenant, promise or payment contained in this Construction Agreement shall not merge in document or instrument but shall survive and be binding and obligatory upon each of the Parties hereto. 35. Sole Obligation of Owner's Utility Enterprise: The Parties agree any and all obligations of Owner under this Construction Agreement are the sole obligations of the City of Thornton Enterprise Fund and, as such, shall not constitute a general obligation or other indebtedness of the City of Thornton or a multiple fiscal year direct or indirect debt or other financial obligation whatsoever of the City of Thornton within the meaning of any constitutional, statutory, or charter limitation. The Parties agree that in the event of default by Owner or failure to meet any of its obligations under the terms of this Construction Agreement, Contractor shall have no recourse against any of the revenues of the City of Thornton except for the net revenues of the water utility system available therefore in the City of Thornton water fund, or any successor enterprise fund, after payment of all expenses relating to the operation and maintenance and periodic payments on bonds, loans, and other obligations of the City of Thornton water system. 36. No Warranty Concerning Tax Status: Owner makes no warranties nor guarantees that any interest paid by Owner to Contractor as a result of the transactions contemplated by this Construction Agreement is excludable from federal, state, or local income tax purposes. 37. No Attorney's Fees or Costs: In the event of any litigation, mediation, arbitration, or other dispute resolution process arising out of this Construction Agreement, the Parties agree that each shall be responsible for their own costs Construction Agreement—Zadel(v.4-24-08) 25 and fees associated with any such legal action. 38. Fees, Expenses, and Apportionment: Except as otherwise expressly set forth in this Construction Agreement, each of the parties hereto will bear its own expenses in connection with the transactions contemplated by this Construction Agreement. 39. Joint Draft: The Parties agree they drafted this Construction Agreement jointly with each having the advice of legal counsel and an equal opportunity to contribute to its content. 40. Intent of Agreement: This Construction Agreement is intended to describe the rights and responsibilities of and between the Parties, and is not intended to, and shall not be deemed to, confer rights upon any persons or entities not signatories hereto, nor to limit, impair, or enlarge in any way the powers, regulatory authority, and responsibilities of either Party or any other governmental entity not a party hereto. 41. No Limitation on Ability to Raise Funds: Nothing in this Construction Agreement is intended to limit Owner's ability to raise necessary funds to pay for the Property through any form of internal or external borrowing that may be available to it. 42. Notices: Any notice required or permitted to be given hereunder shall be in writing and shall be deemed given when delivered personally or sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: Owner: City Manager City of Thornton 9500 Civic Center Drive Thornton, Colorado 80229; and, City Attorney City of Thornton 9500 Civic Center Drive Thornton, Colorado 80229 Contractor: Northern Colorado Constructors, Inc. 9075 WCR 10 Fort Lupton, Colorado 80621 or at such other address as either party hereto may designate by giving written notice thereof to the other party hereto in the aforesaid manner. Notice shall be effective upon receipt. Construction Agreement—Zadel(v.4-24-08) 26 43. Contract Date: The parties acknowledge that certain obligations of Contractor and Owner are to be performed within certain specified periods of time that are determined by reference to the date of mutual execution of this Construction Agreement. The date of this contract shall be the date the last party fully executes the document, and all calculations of date provided herein shall be from such date, which shall be the "Contract Date", and the parties agree that whenever the term "date of this Construction Agreement" or words of similar import are used herein, they shall mean the Contract Date. The Parties further agree to specify the date on which they execute this Construction Agreement beside their respective signatures in the space provided, and warrant and represent to the other that such date is in fact the date on which each has duly executed this Construction Agreement. 44. Time of Essence/Force Majeure: Time shall be of the essence with respect to performance required under this Construction Agreement. If the performance of any act required under this Construction Agreement is delayed by reason of fire, flood, acts of God, war, civil insurrection, strike or any other cause beyond the party's control, then the time for performance will be delayed a reasonable amount of time considering the circumstances causing the delay. 45. Non-Business Days: If the date for any action under this Construction Agreement falls on a Saturday, Sunday, or day that is a "holiday" as such term is defined in C.R.C.P. 6, then the relevant date shall be extended automatically until the next day that is not a Saturday, Sunday, or "holiday." 46. Dispute Resolution: In the event of a disagreement between the Parties, the Parties agree to enter into dispute resolution such as mediation or non-binding arbitration in an effort to resolve the dispute prior to proceeding to litigation. Signature Pages to Follow Construction Agreement—Zadel(v.4-24-08) 27 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the day and year first above written. CONTRACTOR By: t j,,..,_iti-.,_ tip. c.„.,Ilf Title/ prc,;, State of Colorado ) ) ss. County of Weld ) The foregoing instrument duly acknowledged before me, a Notary Public, by. . 1✓i o Gi Am N€ 7.4i1J I, as /.i/ l ft i of Ai;ckhficr (4.n A tu//A Pons"- on Aix i i S� , 2008. i Witness my hand and official seal. My commission expires: /9.-722 -1/ [ SEAL ] / ,, , • //; ✓, /,ji%y2 !,%{1i r?-7.a NOTARY PUBLIC ,.. \\\\\\ i NPNSFO////o : 0\PR Y �' r. 0 Pus\> : Q a tio OF CO\\`‘‘," 1�� ommission eR Construction Agreement—Zadel(v.4-24-08) 28 CITY Imo, Ja Ethredge, City Ma er ATTEST: O/ itu,,c d aG, ait Date: .57/11/4S� an Oita, Vin ent, City Clerk APPROVED AS TO FORM: Margaret Emerich Thornton on City Attorney �ne / >/,� By '�! ��w� &ip�!/v A3zistantcity Attorney Construction Agreement—Zadel(v.4-24-08) 29 EXHIBIT A SHEET I OF 5 PROPERTY DESCRIPTION (TOTAL OF NCCI'S PARCELS) PART OF THE SOUTHEAST AND NORTHEAST ONE QUARTERS OF SECTION 24, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6T"P.M., COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOTS 3,4, 5, AND 6 OF SAID SOUTHEAST ONE QUARTER AND LOTS 7 AND 12 AND A PORTION OF LOT 11 OF SAID NORTHEAST ONE QUARTER OF SECTION 24, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6t" P.M., WELD COUNTY, COLORADO, ACCORDING TO THE SUBDIVISION OF LANDS BY THE LUPTON MEADOWS LAND COMPANY DIVISION NO. 3 RECORDED JUNE 12, 1909 IN BOOK 5 OF MAPS AT PAGE 1, RECORDS OF SAID COUNTY;ALSO A STRIP OF LAND 100 FEET WIDE, BEING 50 FEET WIDE ON EACH SIDE OF THE CENTER LINE OF THE ABANDONED DENVER, LARAMIE AND NORTWESTERN RAILWAY COMPANY RECORDED IN BOOK 314 AT PAGE 440, RECORDS OF SAID COUNTY AS ORIGINALLY LOCATED OVER,ACROSS AND THROUGH SAID SOUTHEAST AND NORTHEAST ONE QUARTERS or SAID SECTION 24. THE TOTAL PARCEL BEING DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 24 AS BEING ON AN ASSUMED BEARING OF S89°45'11"W AND WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO. SAID SOUTH LINE BEING MONUMENTED BY A 2'ALUMINUM CAP LS 25937 AT THE SOUTHEAST CORNER OF SAID SECTION 24 AND BY A 2"ALUMINUM CAP LS 25937 AT THE SOUTH ONE QUARTER CORNER OF SAID SECTION 24. BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 24; THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 24 S89°45'11"W 1668.36 FEET TO THE WESTERLY LINE OF SAID STRIP OF LAND OF THE ABANDONED DENVER, LARAMIE AND NORTHWESTERN RAILWAY COMPANY; THENCE ALONG LAST SAID WESTERLY RIGHT OF WAY LINE N01*32'43"W 2621.09 FEET TO THE NORTH LINE OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 24;THENCE ALONG THE NORTH LINE OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 24 N89°56'51'W 858.59 FEET TO THE CENTER ONE QUARTER CORNER OF SAID SECTION 24;THENCE ALONG THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF SAID SECTION 24 N00°18'36"E 1311.97 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF SAID SECTION 24; THENCE ALONG THE WEST LINE OF THE NORTHWEST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF SAID SECTION 24 N00°19'18"E 992.76 FEET TO THE SOUTHWEST CORNER OF THE NORTHERLY 4.66 ACRES OF SAID LOT 11; THENCE ALONG THE SOUTHERLY LINE OF SAID NORTHERLY 4.66 ACRES OF SAID LOT 11 S89°41'O3"E 660.27 FEET TO THE WESTERLY RIGHT OF WAY LINE OF THE ABANDONED DENVER, LARAMIE AND NORTHWESTERN RAILWAY COMPANY, THENCE ALONG THE LAST SAID WESTERLY RIGHT OF WAY LINE N08°01'03"W 322.41 FEET TO THE NORTH LINE OF THE NORTHEAST ONE QUARTER OF SAID SECTION 24; THENCE ALONG THE EXHIBIT A SHEET 2 OF 5 NORTH LINE OF THE NORTHEAST ONE QUARTER OF SAID SECTION 24 S89°41'24'E 101.12 FEET TO THE EASTERLY RIGHT OF WAY LINE OF THE ABANDONED DENVER, LARAMIE AND NORTHWESTERN RAILROAD CAMPANY;THENCE ALONG LAST SAID EASTERLY RIGHT OF WAY LINE S07°58'50"E 1092.43 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 6°25'03'AND A RADIUS OF 5779.58 FEET; THENCE ALONG THE ARC OF SAID CURVE 647,35 FEET, THE LONG CHORD OF SAID CURVE BEARS SO4°44'5TE 647.01 FEET;THENCE DEPARTING SAID CURVE S01°33'2TE 239.11 FEET;THENCE DEPARTING THE EASTERLY RIGHT OF WAY LINE OF THE ABANDONED DENVER, LARAMIE AND NORTHWESTERN RAILWAY COMPANY AND ALONG THE NORTH LINE OF THE SOUTH ONE HALF OF THE SOUTH ONE HALF OF SAID NORTHEAST ONE QUARTER S89°52'29"E 1676.08 FEET TO THE NORTHEAST CORNER OF THE SOUTH ONE HALF OF THE SOUTH ONE HALF OF THE NORTHEAST CORNER OF SAID SECTION 24;THENCE ALONG THE EAST LINE OF THE SOUTH ONE HALF OF THE SOUTH ONE HALF OF THE NORTHEAST ONE QUARTER OF SAID SECTION 24 S00°20'18`652.86 FEET TO THE EAST ONE QUARTER CORNER OF SAID SECTION 24; THENCE ALONG THE EAST LINE OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 24 S00°20'18"E 2611.38 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 24 AND THE POINT OF BEGINNING, SAID TRACT OF LAND CONTAINS 175.635 ACRES GROSS/172.258 ACRES NET MORE OR LESS SUBJECT TO ALL EASEMENTS, RIGHTS OF WAY, RESERVATIONS AND RESTRICTIONS OF RECORD OR AS THEY NOW EXIST. FOR AND ON BEHALF OF JL WALTER CONSULTING ottouiftrip 4,4 Z4.4 dA,v, /2P-O*. Rodney A.Walters DATE Colorado PLS 16847 O847 . �= `ter F lair IDT41Y42 . (N 1/4 ax (469,1020,/ BE+z) S89'40'34-E z4-2-47 Wn3)6•. 2614.00' 141 (MEAS.) (.Fai) =` we* 589 04'2 "E 9l02o E egter - (MEAS.) (D®) "12ter .6 '41.03"E1031D EX II IT A 660.27 (MEAS) t1 '$m N J N' m ' u z. .., tsg m ' Ui o, h V) r W H O 171,_.. 2 R-,1051' R-52)036 1n2I0-32 CA'X45O 11-3/20.58 R W. SCW'4212rE 01-2Jhu 4.21T0r Ch.C4 sfl.rt (DEED.) r 0-14I/181X COI tr217110- 8'°?^ 1501 24-2-41 (R ) L=647.35 V (t.n 1101'4[411 R=5779.58 8n- 00osT Ton=324.01 (0a0) Ch=647.01 Ch. 0ir,=N04'44'57"W i625'03- 1-41702 R-5119.58 0-41694 o—coro-OF,-59S.H'40t (mai) R-516.761 7n.5 (YEA9.) R-S4W67 Ch-H8-T Ch.6-M.-m,178'3YE ( 11031 CID.) N, .L _ $ N S.' N �',--tat tu l" 58052'31'E 1875.N' (D®.) 8;8 1.--, 658952'20'E 1676.08'(MEAS.) �� o N O 8 C cl AREA = 175.635 AC m (gross) m AREA = 172.258 AC N in (net) E, CENTER 1/4 Colt. g SHEET 3 OF 5 N895651W 165441' ) N5701-. 164,15 0110.)(DEED.)O fDEt227 __. MEAS' - y.=...:s (MEAS.) 77 N013TOlY 261127 (ORDJ '.sc1y�%'.I f:r!�i�:. um; 4,73/08 BOUNDARY JL Walter Consulting EXHIBIT 114 H. 6th Street Mobile (970) 639-9179 son: NTS Loveland. CO 80537 FAX (970) 203-1147 (970) 813-2037 DRAWN: RAW L..230.51' R-577.56' 1,230.3201-230.50I XI IIBIT A C21 69.-So6 49.21E R.T79.50 o-nr6r a 0i-50 6 5111E (DEM.) 0 AS.)o- L=647.35 (MEAS.) R=5779.58 law Ton=324.01 `R (°®.) Ch=647.01 Ch. 0ir.=NO4'44'57'W 5=6'25'03' x417.02 R..57751.58 01-416.94 04 w..-%fl4'wt tr49604' 1-411.76 (MEA5.) R-577.56 01..418.67 Q.07'5503'36'STE (DEM)Y EEn.) 94 It% -•2 ..^.4 $695751"E 1675,91' (p®,) 58952'29'E 1676.08' (MEAS.) C5-6 1$414 0M SEC.24-2-67 U, o 51 M u $m d m 3 v n B o•a t.4 800 01 '9 R 4,1 ^o N89'56'51'14 1654.41'(MEAS.) EAST 1/4 cmR. MWSrorw 1654.39' (0®.) SEC. 24-2-67 1.^56 91 LEAS)57 ❑ ® (MEA5.) ❑ N695r011Y 261121 (e®.) MATCHLINE SHEET 4 Or 5 66re: 4/3/08 BOUNDARY JL Walter Consulting114 8. 5th Street Mobile 539-9179 WSW: xis EwIBIT Loveland. CO 80557 FAX (970) 203-1147 (970) 613-2037 DRAWN RAW LI4 EXHIBIT A LI PA §.- I m11P 1/4 Oil. 4G 24-2-41 N8936'51•W 1654.41'(WEAS) cwt l♦E97 N2g'56'SI•W m worse Y teS4M' (DEEM) SEC 1�!-el 1El. ) ri Peliftr / A1STT (h$) ,.."e""'....""'............—^—MATCH LINE , , t :83's-'e1 R W Ha P R SH =ET 5 OF 5 POINT OF BEGINNING Iihiiir SR9'45'11•W 2611.31' South One Quarts Corner of Sectbn 24, T.2N., R. 67 W. Found 2•alumhum SE C . SEC. 24, T.211., Rent Cop LS 259]] set in 1993 9per Found 2•ahem cop Ira. 25937 Set 1996 9 per monument record)ma,ument record) °"E 4/3/08 BOUNDARY JL Walter Consulting EXHIBIT 114 E. 5th Street Mobile (970) 539-9179 scumNTS Loveland, CO 00537 VAX (970) 205-1147 (970) 813-2097 RAW DARN: Exbibit A to the Zadel-Water Storage Reservoir Construction Agreement o D. ,I . A, sr k 5 o _ ;� I M �� z girt.?•14"‘C � � P ,[ 1I 'r ,i a �� ; aa{ ¢ a <5 1 1 III �1 , t ,,sc hs,t;, et7 t G X 1.c. 4; �i tr ( I t r a } 3 tk kil ,i l =Fo 1ailt ' :I', x 71 F �L 4p ul P 4h it i i�i I; i'i k s se, 1A s ,ri .n ",it i 6 i i -4.‘'---.:7',;' I - I FI ' i ti it ,, , ,, ,, ,, ,,,, N? a 4. 11 *'�l t iir I E E . I " I {al» t'�^'' # P 1n ,I_ Y t5 s ,f{ 1, t_. 1 I -s 8 f: a l ® 'u I lei y'7t sr L'" —3... — Zadetsamily,Lai, NCCI Pit ps 7 .�, : ' LT Consulting,Inc. t -- liner design Cost Updale lot t i e� ...,., w. ;,-- — --LT- -- EXHIBIT A- 1 SHEET 1 OF 4 PROPERTY DESCRIPTION (NCCI EXEMPTION PARCEL) PART OF THE SOUTHEAST AND NORTHEAST ONE QUARTERS OF SECTION 24, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6"i P.M., COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF LOTS 3, 4, 5, AND 6 OF SAID SOUTHEAST ONE QUARTER AND A PORTION OF LOT 12 OF SAID NORTHEAST ONE QUARTER OF SECTION 24, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6h' P.M., WELD COUNTY, COLORADO, ACCORDING TO THE SUBDIVISION OF LANDS BY THE LUPTON MEADOWS LAND COMPANY DIVISION NO. 3 RECORDED JUNE 12, 1909 IN BOOK 5 OF MAPS AT PAGE 1, RECORDS OF SAID COUNTY;ALSO A STRIP OF LAND 100 FEET WIDE, BEING 50 FEET WIDE ON EACH SIDE OF THE CENTER LINE OF THE ABANDONED DENVER, LARAMIE AND NORTWESTERN RAILWAY COMPANY RECORDED IN BOOK 314 AT PAGE 440, RECORDS OF SAID COUNTY,AS ORIGINALLY LOCATED OVER,ACROSS AND THROUGH SAID SOUTHEAST AND NORTHEAST ONE QUARTERS OF SAID SECTION 24. THE TOTAL PARCEL BEING DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 24 AS BEING ON AN ASSUMED BEARING or S89°45'11'W AND WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO, SAID SOUTH LINE BEING MONUMENTED BY A 2'ALUMINUM CAP LS 25937 AT THE SOUTHEAST CORNER OF SAID SECTION 24 AND BY A 2"ALUMINUM CAP LS 25937 AT THE SOUTH ONE QUARTER CORNER OF SAID SECTION 24. COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 24; THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 24 S89°45'11'W 1668.36 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE WEST RIGHT OF WAY LINE OF THE ABANDONED DENVER, LARAMIE AND NORTHWESTERN RAILWAY RIGHT OF WAY N01°32'43'W 2621.09 FEET TO THE NORTH LINE OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 24;THENCE ALONG LAST SAID NORTH LINE N89°56'51°W 858.59 FEET TO THE CENTER ONE QUARTER CORNER OF SAID SECTION 24; THENCE ALONG THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF SAID SECTION 24 N00°18'36'E 547.75 FEET; THENCE DEPARTING LAST SAID LINE N89°04'43'E 291.08 FEET; THENCE N89°21'48'E 319.72 FEET; THENCE N00°31'32'E 89.41 FEET; THENCE N84°2T47'E 164.27 FEET;THENCE S84°26'45'E 163.93 FEET TO A POINT ON THE EASTERLY LINE OF THE ABANDONED DENVER, LARAMIE AND NORTHWESTERN RAILWAY RIGHT OF WAY;THENCE ALONG THE EASTERLY RIGHT OF WAY LINE OF LAST SAID RAILROAD RIGHT OF WAY LINE S01'32'42'E 1931.22 FEET; THENCE DEPARTING LAST SAID LINE S23°56'08'E 5.51 FEET; THENCE 503°17'17'E 265.03 FEET; THENCE S04°42'44'E 320.52 FEET, THENCE S06°32'37"E 563.41 FEET; THENCE S05°03'23"W 187.02 FEET TO THE SOUTH LINE OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 24; THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 24 S89°45'11'W 155.50 FEET TO THE TRUE POINT OF BEGINNING EXHIBIT A-1 SHEET 2 OF 4 SAID PARCEL OF LAND CONTAINS 19.960 ACRES GROSS/19.852 ACRES NET MORE OR LESS SUBJECT TO ALL EASEMENTS, RIGHTS OF WAY, RESERVATIONS AND RESTRICTIONS OF RECORD OR AS THEY NOW EXIST. FOR AND ON BEADLE OF IL WALTER CONSULTING 0061111p a3/44,4 c2: r tas ��YAaswA`�ap`��g�� Fq� ��G Rodney A Walters Date °Colo ado PLS 16847 847 �Je9 •ia/o8t:0 _ IT il. O a E:' F_ X - I3IT A - 1 2 z O N Q in j 'W N Nib O f'l • • Iriaad 0 Z_ 2 Z W m 11 • sA 0 y I— Z_ 5 d w E- SHEET 3 OF 4 POINT OF COMMENCEMENT • $ g \ 1668 S 176y( t 668 36 EMSIS OF BEARING g S.E. COR. SEC 24 T.2N., R.67W. DAM 418/08 BOUNDARY JL Walter Consulting EXEMPTION 114 E. 5th Street Mobile (070) 539-9179ecru NTT Loveland. CO 00537 FAX (970) 203-1147 (970) 813-2037 MIAMI, RAW EXHHIT A - 1 PARCEL H IA N 0 _ 0161 Lt :al Ali $84.27'47-E - r y 1400.31' - 589 527.9-E a) 89.41�j a S84 26'45-E 1676.08' z • ts.St3�-F 147.7 F AREA = 19.960 AC± 4 (gross) a AREA = 19.852 AC± w ^r 0€ (net) z 414\- r1n9254' - 1654.41' CENTER 1/4 SEC. 24, T.2N., R.67W. ag z uy f SHEET 4 OF 4 F BOUNDARY JL Walter Consulting um 4/3/08 EXEMPTION 114 E. 5th Street Mobile (970) 539-9179 SCAM NTS Loveland, CO 80537 FAX (970) 203-1147 (970) 813-2037 RAW DRAIN: 111111111111111111 III ��II II�� 111111111011111 VIII i 3545042 04/02/2008 02:52P Weld County, CO 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder MEMORANDUMAND FIRST AMENDMENT T O SURFACE USE AGREEMENT ENT��R �100® This Memorandum is made and entered into this 3 day of fihtthh, 2008, by and between K.P. KAUFFMAN COMPANY, INC. ("KPK") a California Corporation with an address of 1675 Broadway, Suite 2800, Denver, Colorado 80202 and ZADEL FAMILY, LLLP ("Surface Owner") with an address of 4200 WCR 19, Fort Lupton, Colorado 80621. KPK and Surface Owner are collectively referred to as the Parties. As of the date above, the Parties entered into a Release of Easement Rights Agreement ("Agreement") covering the following Surface Location: Glen Horton #2, located in the SE/4 of the SE/4 of Section 24, Township 2 North, Range 67 West of the 6`h P.M., Weld County, Colorado. The Agreement provides for KPK to plug and abandon the Glen Horton #2 Well, to release to Surface Owner its Easement Rights to the Surface Location, to flush and cleanse the lines, and to partially release the Easement. This Memorandum of Release of Easement Rights Agreement is executed by the Parties and placed of record in Weld 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 from KPK or Surface Owner to any person with an interest in the above described land. IN WITNESS WHEREOF the undersigned parties have caused this Agreement to be executed by a duly authorized representative on the day and year first above written. K.P. KAUFFMAN COMPANY, INC. ZADEL FAMILY, LLLP By y; B� ,21/%9;47/ Gordon L. Allott, Jr ° O N e: `)p hrf21 J '?made/ Executive Vice President Title: Cleat ro./ Radiate' 1 IIIIII HI 111111 IIII IIII lilt' III HHOOR RREE VIII I 3545042 04/02/2008 02:52P Weld County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER The foregoing instrument was acknowledged before me this 2O day of , 2008, by Gordon L. Allott, Jr., as Executive Vice President of K. P. Kauffman Company, Inc. Witness my hand and official s al. My btnitrissiotr apices:- -- -6'7/G9 1 1 I$ DEBRA K. ROGERS 1 NOTARY PUBLIC • • STATE OF COLORADO otary Public My Commission Expires 1,.L to 77;9 STATE OF COLORADO ) ) ss. County of ) The foregoing instrument was acknowledged before me this 3 day of Mai at , 2008,by Train n /14 tarin_l , as Pre sir n of Northern Colorado Constructors, Inc. Witness my hand and official seal. My commission expires: /0- / 2 -1/ Witness my hand and official seal. Notary P� 111111111111 111111 III'I 1111111 111111 111 11111 11111111 • 3545041 04/02/2008 02:52P Weld County, CO 0* 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder RELINQUISHMENT AND CONVEYANCE OF SURFACE RIGHTS APR . 2008 This RELINQUISHMENT AND CONVEYANCE OF SURFACE RIGHTS (the "Relinquishment") is granted as of the 3 day of /VbjrG(t , 2008 (the "Effective Date") by K.P. Kauffman Company, Inc., a California corporation ("KPK"), 1675 Broadway, Suite 2800, Denver, Colorado, 80202 to Zadel Family, LLLP ("Surface Owner") with an address of 4200 WCR 19, Fort Lupton, Colorado 80621. For Ten Dollars ($10.00) and other valuable consideration, KPK hereby conveys to Surface Owner all of its surface rights in and to the following described property (the "Property"), including all rights which KPK has to use the surface of the Property by virtue of any oil and gas lease or ownership of minerals or mineral rights under the Property. Glen Horton #2, located in the SE/4 of the SE/4 of Section 24, Township 2 North, Range 67 West of the 6`h P.M., Weld County, Colorado. Notwithstanding the release of rights to use the surface of the Property, KPK does not release, by virtue of this Relinquishment, any leasehold interest in the minerals under the Property. This Relinquishment shall be binding upon the successors and assigns of KPK. IN WITNESS WHEREOF this Relinquishment has been executed as of the date and year first written above. K.P. KAUFFMAN COMPANY, INC. By: i Gordon L. Allott, Jr. Executive Vice-President 111111111111111111 IIII IIII 11111II 111111 III 3545041 04/02/2008 02:52P Weld County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder STATE OF COLORADO ) CITY AND ) ss. COUNTY OF DENVER ) Subscribed and sworn to before me this 2)' day of Fat, , 2008, by Gordon L. Allott, Jr., Executive Vice-President of K.P. Kauffman Company, Inc., a California corporation, on behalf of said corporation. [s*AD BRA K. ROGERS • • NOTARY PUBLIC 1�� ' J STATE v1(OF COLORADO otary Public {J M r I rRia:slan €v,gari ) 2'ID7, 07 • 1111111 III 1111111 111 3545040 R 66.00 D 0 00 Steve Moen 08 52eo Clld erk CO 1 of 13 & Recorder APR a ) O It SURFACE USE AGREEMENT This Surface Use Agreement ("Agreement") is dated and made effective this 3 day of , 2008, and is between K.P. Kauffman Company, Inc. ("KPK") with an address of 1675 Broadway, 28th Floor, Denver, CO 80202-4628, and Zadel Family, LLLP with an address of 4200 WCR 19,Fort Lupton, Colorado 80621. Whereas: A. Zadel Family, LLLP is the current landowner or is the current lessee under one or more sand, gravel and aggregate mining leases covering certain tracts of land located in Weld County, more particularly described on Exhibit "A" attached hereto, being a portion of Section 24, T2N, R67W 6th P.M.,Weld County, Colorado (hereinafter referred to as the"Property"); B Surface ownership of the Property is subject to the rights of the oil and gas mineral leasehold estate, a portion of which is now owned by KPK; C. Zadel Family, LLLP has received a mining permit from the State of Colorado Division of Reclamation, Mining and Safety, formerly known as the Division of Minerals & Geology ("DMG") for the purpose of open pit sand and gravel mining operations, known as NCCI Pit Number 1. Portions of the mined out Property are to be reclaimed for use as water storage reservoirs. D. KPK currently operates the following wells on the property, (the "Well" or"Wells"): the 1415 Corp Unit C#1, located in the SW/4NE/4 of Section 24, T2N, R67W, the 1415 Corp Unit C#2, located in the SE/4NE/4 of Section 24, T2N, R67W, the KPK Glenn Horton #1, located in the NE/4SE/4 of Section 24, T2N, R67W, and the KPK Glenn Horton #2, located in the SE/4SE/4 of Section 24, T2N, R67W; and E. KPK shall continue to have the right to exercise its oil and gas leasehold rights to drill an additional well or a twinned well on each OGOA in accordance with COGCC rules. F. This Agreement sets forth the parties' rights and obligations regarding the relationship between the operations and development of the Property by Zadel Family, LLLP and KPK's operation and development of its oil and gas leasehold estate underlying the Property, such rights and obligations to be binding upon the parties' successors and assigns. Now Therefore: In consideration of the mutual covenants contained herein,and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: 1. AREAS RESERVED FOR THE WELLS; WELL LOCATIONS. Zadel Family, LLLP shall set aside and provide to KPK that portion of the Property hereinafter referred to as the, "Oil and Gas Operations Areas", such areas being depicted on Exhibit B attached hereto. The Oil and Gas Operations Areas are to be made available to KPK in their present condition for any operations conducted by KPK in connection with any Well, including, but not limited to, drilling new wells and production activities, workovers, well deepening, recompletion, fracturing and drilling replacement wells. All Wells will be limited to the Oil and Gas Operations Areas shown on Exhibit B, Page 1 of 11 1111111 11111 1111111111 Ell 1111111 111111 till 3545040 04/02/2008 02:52P Weld County, CO 2 of 13 R 66.00 D 0.00 Steve Moreno Clerk & Recorder unless this Agreement is amended by consent of Zadel Family, LLLP and ICPK. Except for the Oil and Gas Operations Areas, and the access roads and Petroleum Pipeline Easements (as defined below) as provided in this Agreement, KPK shall not occupy the surface of the Property except in the event of an emergency or for reasonable incidental, temporary and non-damaging activities, for which KPK shall be strictly and solely responsible for any damages that may occur to the Property. 2. EXTRACTION IN VICINITY OF OIL AND GAS OPERATIONS AREAS; SETBACK REQUIREMENTS. Zadel Family, LLLP reserves the right, at its option, to mine the gravel within each of the Oil and Gas Operations Areas in accordance with the terms of this Agreement. In the event that Zadel Family, LLLP elects to mine the gravel in an Oil and Gas Operations Area,Zadel Family, LLLP shall notify KPK in writing 60 days prior to commencing mining operations within the Oil and Gas Operations Areas and shall first place temporary concrete barriers around the Wells as directed by KPK prior to commencing any mining operations on the Property. Zadel Family, LLLP shall conduct its mining operations in the Oil and Gas Operations Areas as quickly as reasonably practicable. Zadel Family, LLLP shall conduct its mining within the Oil and Gas Operations Area by excavating pie shaped wedges of gravel and aggregate and thereafter backfilling and compacting the area with overburden or other suitable material prior to excavating the next pie shaped area; provided, however, that in no event shall Zadel Family, LLLP mine within 90 feet of any Well or Production Facilities (defined below) and provided further that in no event shall more than one quarter circle segment of the pie shape be excavated at any one time. Excavation in the Oil and Gas Operations Areas will be reasonably coordinated with KPK in a mutually acceptable manner so as to avoid conflict with KPK's oil and gas operations and to ensure there is an appropriate safety plan and interim emergency procedures. Zadel Family, LLLP will bear all costs associated with the mining operation, including permanent or temporary rerouting and replacement of access roads, and flowlines and utility lines in order to prevent unnecessary interruption of production from any affected Well. In addition, Zadel Family, LLLP and its successor and assigns shall indemnify and hold the KPK harmless from any and all damage, loss and liability, including attorney's fees, incurred by KPK as a result of Zadel Family, LLLP's operations in an Oil and Gas Operations Area. Zadel Family, LLLP will not locate any building, or structure within any Oil and Gas Operations Area. Zadel Family, LLLP understands and acknowledges that the COGCC has rules and regulations that apply to the distance between a wellhead and public roads, Production Facilities, building units and surface property lines, among other things. In order to give full effect to the purposes of this Agreement, Zadel Family, LLLP hereby waives its right to object to the location of any of KPK's facilities on the basis of setback requirements in the rules and regulations of the COGCC, as they may be amended from time to time. Zadel Family, LLLP further and similarly waives its right to object to any other state or local setback requirements or other requirements or regulations that are or become inconsistent with this Agreement or that would prohibit or interfere with the rights of KPK, its successors and assigns, to explore for and produce the oil and gas in accordance with this Agreement. KPK or its successors and assigns may cite the waiver in this paragraph in order to obtain a location exception or variance under COGCC rules or from any other state or local governmental body having jurisdiction; provided that Zadel Family, LLLP shall not be required to alter the agreed boundary of the Oil and Gas Operations Area to accommodate the location exception or variance. Zadel Family, LLLP agrees not to object to the use of the surface in the Oil and Gas Operations Areas so long as such use is consistent with this Agreement and Zadel Family, LLLP will reasonably cooperate at no material cost to Zadel Family, LLLP in any efforts of KPK or its successors and assigns to obtain permits from the COGCC or any local jurisdiction. Page 2 of 11 1111111 11111 1311 I t till 1111111111111 III 1111111111111 3545040 04/02/2008 02:52P Weld County, CO 3 of 13 R 66.00 D 0.00 Steve Moreno Clerk& Recorder 3. GATHERING LINES AND FLOWLINES. Subject to the limitations hereinafter described, KPK has a continuing right and entitlement to own, operate, maintain, repair and replace all existing and future flowlines, gathering lines and other pipelines that may be necessary to its operations on the Property ("Pipelines"). The construction and burying of additional Pipelines shall be at the sole cost and expense of KPK or its gas purchaser. Although this Agreement is intended to confine the placement of the Pipelines to certain specified locations within the Property, nothing herein shall be construed as a limitation on KPK's ultimate right to make all necessary well connections to any Well. Specific locations have been designated on Exhibit B for the location of the Pipelines ("Petroleum Pipeline Easements"). Each Petroleum Pipeline Easement shall be fifty feet (50') in width during construction, installation or relocation operations and otherwise reduced to thirty feet (30') in width for post-construction usage. Each Petroleum Pipeline Easement may be expanded to accommodate new pipeline, but in no event will the Easement exceed sixty feet (60'), with ten feet(10') separating each pipeline. Zadel Family, LLLP's operating plans anticipate that roadways may cross over Existing and Future Pipelines. "Existing Pipelines" shall mean any Pipeline now existing or hereafter constructed within a Petroleum Pipeline Easement prior to Zadel Family, LLLP's construction of a road for its operations or Zadel Family, LLLP's extraction of sand and gravel and backfilling of the Petroleum Pipeline Easement. In particular, when crossing KPK Existing Pipelines with heavy equipment, like earth moving equipment, Zadel Family, LLLP will maintain a minimum of four feet and a maximum of six feet of dirt coverage in addition to the existing cover over the Pipeline. When crossing KPK Existing Pipelines with trucks and lighter equipment, Zadel Family, LLLP will maintain a minimum of two feet and a maximum of six feet of dirt coverage in addition to the existing cover over the Pipeline. KPK may install and maintain markers on its Petroleum Pipeline Easement. KPK shall mark its flowlines at all locations reasonably requested by Zadel Family, LLLP. Zadel Family, LLLP will not allow any extraction to occur, commencing at the surface of the original ground, closer than 25 feet from any Existing Pipeline of KPK as shown on Exhibit B unless a soils stability report prepared by an engineer licensed in the state of Colorado indicates that a lesser set back will be adequate for preservation of the integrity of said pipeline and provided that upon completion of such extraction Zadel Family, LLLP shall back fill and level the area within 25 feet from any Existing Pipeline or within any Petroleum Pipeline Easement designated on Exhibit B. Notwithstanding anything herein to the contrary, in no event shall Zadel Family, LLLP allow any extraction to occur, commencing at the surface of the original ground, closer than 15 feet from any Existing Pipeline without KPK's prior written approval. Zadel Family, LLLP shall hold KPK harmless for any and all damages caused by Zadel Family, LLLP's actions under this paragraph. Zadel Family, LLLP shall not allow any stockpile of soil to be placed over any Existing Pipeline of KPK or in any Petroleum Pipeline Easement as shown on Exhibit B. After written notice of at least fifteen(15) days,Zadel Family, LLLP, shall have the right to cross any Pipeline Easement with roadways and other utilities, provided such crossing of any utilities is made with its acute angle being not less than 60° with respect to KPK's Pipelines, but in no event shall such utility cross above or run parallel above KPK's Lines, except as noted. KPK requires all subsurface utilities be not less than 18 inches below KPK's Pipelines. The depth of cover over the KPK Existing Pipelines shall not be reduced or drainage over KPK's Pipelines altered without KPK's written approval. Parallel utilities must maintain a minimum of ten-foot separation from KPK Pipelines,unless KPK grants a lesser distance of separation which grant shall not be unreasonably withheld. It would not be unseasonable to withhold such consent due to reasonable safety or operational concerns. Zadel Family, Page 3 of 11 111111 11111 1111111111 IIII 1111111 111111111 IIIII 11111111 3545040 04/02/2008 02:52P Weld County, CO 4 of 13 R 66.00 D 0.00 Steve Moreno Clerk& Recorder LLLP will request that all utility companies contact KPK prior to laying lines parallel to KPK Existing Pipelines or within Petroleum Pipeline Easements designated in Exhibit B hereto. Construction of any permanent structure within KPK's Petroleum Pipeline Easement is not permitted. Planting of trees and shrubs is not permitted on KPK's Petroleum Pipeline Easement. 4. ACCESS. Zadel Family, LLLP shall provide KPK with continuous access to all of the Oil and Gas Operations Areas and the Petroleum Pipeline Easements. The access roads to be used by KPK will either be those roads that currently are in place or those that are subsequently constructed by Zadel Family, LLLP at its sole cost and expense as part of Zadel Family, LLLP's operations on the Property. If Zadel Family, LLLP relocates an existing road being used by KPK for access to any Oil and Gas Operations Area, such relocated road shall be built to at least the quality of the road it replaces. The easements for KPK's access roads for its Oil and Gas Operations Areas are shown on Exhibit B hereto and Zadel Family, LLLP hereby grants KPK the non-exclusive right to the use of such easements for so long as KPK or its successors or assigns has rights in and to the oil and gas estate in the Property. KPK agrees to access the Property according to the routes depicted and described on the attached Exhibit B. Access to the Oil and Gas Operations Areas may be changed by mutual agreement of Zadel Family, LLLP and KPK. Zadel Family, LLLP shall maintain and keep any access jointly used by Zadel Family, LLLP and KPK in a condition and state of repair that serves the needs of Zadel Family, LLLP or, in the case of relocated existing roads, to at least the standard such road was maintained prior to its relocation. In the event such joint access roads needs to be improved in order to serve the needs of KPK, the parties agree to coordinate any such improvements as may be required by KPK in order to conduct its operations, provided that the cost and expense of any such improvements shall be shared equally by both parties. Neither KPK, nor Zadel Family, LLLP shall unreasonably interfere with the use by the other party of access roads. Zadel Family, LLLP agrees that it will not mine or extract any portion of areas designated as access roads set forth on Exhibit B or as mutually agreed to by the Parties without the written consent of KPK. 5. BATTERIES AND EQUIPMENT. KPK shall have the right to locate, build, repair and maintain tanks, separators, dehydrators, compressors and other equipment ("Production Facilities") reasonably appropriate for the operation and production of the Wells at the locations depicted on Exhibit B. With respect to KPK's Production Facilities other than flowlines or pipelines: A. KPK shall install and maintain, at its sole cost and expense, all fences around the Wells and any other Production Facilities in compliance with the Rules and Regulations of the COGCC; B. KPK shall install and maintain, at its sole cost and expense, all gates and locks reasonably necessary for the security of any Wells or Production Facilities in the Oil and Gas Operations Areas. Such gates and locks shall be the standard gates and locks used by KPK; C. At KPK's discretion, KPK shall paint any Production Facilities for any Wells, including wellhead guards,with paint that is approved by the COGCC; and Page 4 of 11 • 1111111 11111 11111111 IIII 1111111 1111 111 11111 1111 1111 3545040 04/02/2008 02:52P Weld County, CO 5 of 13 R 66.00 D 0.00 Steve Moreno Clerk& Recorder D. Zadel Family, LLLP shall not inhibit KPK's access to the Oil and Gas Operations Areas or inhibit KPK's operations within the Oil and Gas Operations Areas or in the vicinity of the Production Facilities by landscaping or other improvements, unless otherwise agreed upon between Zadel Family, LLLP and KPK. Zadel Family, LLLP shall place temporary concrete barriers around all Production Facilities as directed by KPK before any mining operations commence within an Oil and Gas Operations Area for the Production Facilities. In no event shall Zadel Family, LLLP mine within 90 feet of any Production Facilities or stockpile mined materials within a radius of 50 feet of any Production Facilities. 6. NOTICE OF FUTURE OPERATIONS. KPK shall provide at least seven (7) days prior notice to Zadel Family, LLLP of any operations in connection with the reworking, fracturing, deepening or recompletion operation on a Well or Wells. Regardless of the foregoing notice requirements, KPK shall have immediate access to any of its facilities in the event of an emergency. After receipt of the above notice, but not less than five (5) working days prior to KPK's mobilization on the applicable Oil and Gas Operations Areas, either KPK or Zadel Family, LLLP may request an on-site meeting. The purpose of the meeting shall be to inform Zadel Family, LLLP of the expected activity and to coordinate site access, hazards, barricades, restoration or any other issues that affect the use and safety of Zadel Family, LLLP operations. 7. COMPLIANCE WITH SAFETY REGULATIONS. The Parties understand that Zadel Family, LLLP surface mining operations on the Property are subject to Mine Safety and Health Administration ("MSHA") regulations. Zadel Family, LLLP shall comply with all applicable MSHA regulations and shall provide KPK with the appropriate site-specific hazard awareness training as required by MSHA. KPK shall cooperate with such site-specific hazard awareness training, including making available all KPK employees who will be present at the mine site for site-specific hazard awareness training by Zadel Family, LLLP or its designated representative. Zadel Family, LLLP agrees to protect, indemnify, and hold harmless KPK, its successors and assigns, from any actions, claims, damages, penalties or other expenses that arise out of Zadel Family, LLLP's violation of any MSHA regulation. KPK agrees to protect, indemnify, and hold harmless Zadel Family, LLLP, its successors and assigns, from any actions, claims, damages, penalties or other expenses that arise out of KPK's actions on the Property, provided, however, the proximate cause of those actions are not the violation of MSHA regulations by the Zadel Family, LLLP. 8. DRILLING AND COMPLETION OPERATIONS. KPK shall endeavor to diligently pursue any drilling operations to minimize the total time period and to avoid rig relocations or startup during the course of drilling. Zadel Family, LLLP waives any objections to continuous (Le., 24-hour) drilling operations. 9. SHUT-IN OF WELLS. The parties recognize that the Pipelines now installed by KPK are made of fiberglass and/or metal and the running of Zadel Family, LLLP's earth moving equipment over said Pipelines tends to crack them, which can cause an oil and gas spill and environmental damage. KPK represents that in its opinion it is not safe to continue to use such Pipelines after heavy earth moving equipment is in use and there is no appropriate dirt coverage in place. If Zadel Family, LLLP begins to use heavy equipment on the property it shall maintain a minimum of four feet (4') and a maximum of six feet (6') of dirt coverage in addition to the existing cover over the Pipeline during Zadel Family, LLLP's operation of such equipment Page 5 of 11 111111111111111111 IIII 1111 11111 111 III //1111111 IIII • 545040 04/02/2008 02:52P Weld County, CO 6 of 13 R 66.00 D 0.00 Steve Moreno Clerk& Recorder on the property. Zadel Family, LLP shall remove the four foot (4') to six foot (6') overburden upon completion of its operations involving heavy earthmoving equipment on the property. KPK will, for safety purposes, shut in any well that has had heavy earth moving equipment run over its Pipeline(s) without appropriate dirt coverage in place. Zadel Family, LLLP shall have the right to request that KPK shut in one or more of its wells during construction activity on the surface. KPK shall not unreasonably refuse to shut in its wells. a. Notification. Zadel Family, LLLP agrees to notify KPK at least twenty (20) days before Zadel Family, LLLP begins any activities on the property which will utilize any heavy equipment or other equipment likely to damage KPK's Pipeline(s)that are not covered appropriately. b. Payment. During the period of any shut in, Zadel Family, LLLP shall pay KPK for each shut in the following amounts: Shut In Duration Fee per Well per Dav 5 days or less None 6—29 days $150 30 days or more $200 Zadel Family, LLLP shall also pay KPK any costs to rework the well(s) in order to place the well(s) in production status after the shut in and costs to replace pipeline(s) and flowline(s)that are damaged by the surface construction activities of Zadel Family,LLLP. 10. GOVERNMENTAL PROCEEDINGS. Zadel Family, LLLP shall not oppose KPK in any agency or governmental proceedings, including but not limited to the COGCC, Weld County, or other governing body proceedings, related to KPK's operations on the Property, including but not limited to drilling, workovers, well deepenings and recompletions. However,Zadel Family, LLLP, may oppose KPK in proceedings if it reasonably believes that KPK's position in such proceedings violates or is inconsistent with this Agreement, or that the proposed operations violate or are not in accordance with applicable laws, COGCC regulations and lawful local ordinances, resolutions or permit conditions. 11. MINING PLAN. Zadel Family, LLLP has provided herewith copies to KPK of its Mining Permit, and the engineering structural report prepared in connection with the Mining Permit (the "Plans"). KPK acknowledges receipt of said Plans and has no objections to said Plans as approved by the DMG. This acceptance by KPK in no way waives KPK's rights in this Agreement or obligations of Zadel Family, LLLP under the terms of this Agreement. Zadel Family, LLLP acknowledges that KPK may conduct oil and gas activities within the applicable Oil and Gas Operations Areas as provided herein and shall not oppose KPK before any agency or governmental proceeding if such oil and gas activities are proposed and carried out in accordance with the terms of this Agreement and applicable laws, COGCC regulations and lawful local ordinances, resolutions or permit conditions. 12. LIMITATION OF LIABILITY,RELEASE AND INDEMNITY. A. No party shall be liable for, or be required to pay for, special, punitive, exemplary, incidental, consequential or indirect damages to any other party for activities undertaken within the scope of this agreement; Page 6 of 11 Anil HIM IIII IMI I1111111 III IDIOM' 3545040 04/02/2008 02:52P Weld County, CO 7 of 13 R 66.00 D 0.00 Steve Moreno Clerk & Recorder B. Except as to claims arising out of pollution or environmental damage (which claims are governed by Section 13 below), each party shall defend, indemnify and hold the other parties, their officers, directors, employees, successors and assigns, harmless against all losses, claims, damages, demands, suits, causes of action, fines, penalties, expenses and liabilities, including without limitation attorneys' fees and other costs associated therewith (all of the aforesaid herein referred to collectively as "Claims"), arising out of or connected with each such party's ownership or operations on the Property, no matter when asserted, subject to applicable statutes of limitations. This provision does not, and shall not be construed to, create any rights in persons or entities not a party to this Agreement, nor does it create any separate rights in parties to this Agreement other than the right to be indemnified for Claims as provided herein; C. Upon the assignment or conveyance of a party's entire interest in the Property, that party shall be released from its indemnification in Sectionl2.b. above, for all actions or occurrences happening after such assignment or conveyance. 13. ENVIRONMENTAL INDEMNITY. The provisions of Section 12 above, except for Section 12.A. shall not apply to any environmental matters, which shall be governed exclusively by the following, subject to the limitations of Section 12.A. above: A. "Environmental Claims" shall mean all Claims asserted by governmental bodies or other third parties for pollution or environmental damage of any kind, arising from operations on or ownership of the Property or ownership of the oil and gas leasehold interest, whichever is applicable, and all cleanup and remediation costs, fines and penalties associated therewith, including but not limited to any Claims arising from Environmental Laws or relating to asbestos or to naturally occurring radioactive material. Environmental Claims shall not include the costs of any remediation undertaken voluntarily by any party, unless such remediation is performed under the imminent threat of a Claim by a governmental body or other third party; B. "Environmental Laws" shall mean any laws, regulations, rules, ordinances, or order of any governmental authority(ies), which relate to or otherwise impose liability, obligation, or standards with respect to pollution or the protection of the environment, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601 et seq.), the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§ 6901 et seq.), the Clean Water Act (33 U.S.C. §§ 466 et seq.), the Safe Drinking Water Act (14 U.S.C. §§ 1401-1450), the Hazardous Material Transportation Act (49 U.S.C. §§ 1801 et seq.), the Clean Air Act, and the Toxic Substances Control Act(15 U.S.C. §§ 2601-2629); and C. Environmental Indemnification. KPK shall protect, indemnify, and hold harmless Zadel Family, LLLP, its successors and assigns, from any Environmental Claims relating to the Property or oil and gas leasehold thereunder that arise out of KPK's ownership and operation of the Oil and Gas Operations Areas and it's ownership and operation of its Petroleum Pipeline Easements or rights-of-way on the Property unless such Environmental Claims are the result of Zadel Family, LLLP's conduct. Zadel Family, LLLP shall fully protect, defend, indemnify and hold harmless KPK from any and all Environmental Claims against KPK, its successors and assigns, relating to the Property that arise out of Zadel Family, LLLP's operations on the Property. Page 7 of 11 1111111111111111111 Ell 1111111 III•III 11111 IIII IIII • 3545040 04/02/2008 02:52P Weld County, CO 8 of 13 R 66.00 D 0.00 Steve Moreno Clerk& Recorder 14. EXCLUSION FROM INDEMNITIES. The indemnities of the parties herein shall not cover or include any amounts which the indemnified party is actually reimbursed by any third party. The indemnities in this Agreement shall not relieve any party from any obligations to third parties. 15. NOTICE OF CLAIM FOR INDEMNIFICATION. If a Claim is asserted against a party for which the other party would be liable under the provisions of Section 12 or 13 above, it is a condition precedent to the indemnifying party's obligations hereunder that the indemnified party give the indemnifying party written notice of such Claim setting forth all particulars of the Claim, as known by the indemnified party, including a copy of the Claim(if it is a written Claim). The indemnified party shall make a good faith effort to notify the indemnifying party within five days of receipt of a Claim and shall effect such notice in all events within such time as will allow the indemnifying party to defend against such Claim. An indemnifying party shall not be obligated to reimburse an indemnified party for amounts paid in settlement of an indemnified claim unless the indemnifying party has agreed to the settlement, which agreement shall not be unreasonably withheld or delayed. 16. REPRESENTATIONS. Each party represents that it has the full right and authority to enter into this Agreement. KPK does not represent that it has rights to settle matters for all of the mineral owners or any other lessees in the Property and this Agreunent shall only apply to and bind the KPK leasehold interest in the property. 17. SUCCESSORS. The terms, covenants, and conditions hereof shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns; provided, as to KPK, successors and assigns shall be deemed to be limited to lessees under the oil and gas leases which KPK owns. 18. TERM. This Agreement shall become effective when it is fully executed and shall remain in full force and effect until the earlier to occur of the following: (a) KPK's leasehold estate expires or is terminated, and KPK has plugged and abandoned all wells and complied with the requirements of all applicable oil and gas leases pertaining to removal of equipment, reclamation, cleanup and all other applicable provisions of the leases and existing laws and regulations or (b) Zadel Family, LLLP's sand, gravel and aggregate mining lease expires or is terminated (as to the portion of the Property leased by Zadel Family, LLLP) and Zadel Family, LLLP has complied with the requirements of it mining lease and Mining Permit pertaining to removal of equipment, reclamation, cleanup and all other applicable provisions of the lease, Mining Permit and existing laws and regulations. When this Agreement ceases to be in full force and effect, the Parties shall execute any and all releases necessary to evidence the fact that this Agreement shall no longer apply to the Property, except as to any indemnities set forth herein, which indemnities shall survive termination. 19. AMENDMENTS. This agreement may be amended by an instrument in writing signed by the parties hereto. Page 8 of 11 I MIAMI 1111111111 Ell 1111111 III III 11111 Iill IIII• 3545040 04/02/2008 02:52P Weld County, CO 9 of 13 R 66.00 D 0.00 Steve Moreno Clerk& Recorder 20. NOTICES. Any notice or other communication required or permitted under this Agreement shall be sufficient if deposited in U.S. Mail,postage prepaid, addressed to each of the following: K.P. Kauffman Company, Inc. Zadel Family, LLLP. 1675 Broadway, 28th Floor 4200 WCR 19 Denver, Colorado 80202-4628 Fort Lupton, Colorado 80621 Attention: Land Department Attention: John W. Zadel Any party may, by written notice so delivered to the other parties, change the address or individual to which delivery shall thereafter be made. 21. RECORDING. This Agreement, any amendment hereto shall be recorded by either party, which shall provide the other party with a copy showing the recording information as soon as practicable thereafter. 22. SURFACE DAMAGES. Zadel Family, LLLP hereby waives all surface damage payments pursuant to any COGCC or local regulation, state statute, common law or prior agreement, for each and every well that is drilled within the Oil and Gas Operations Areas and for any access road, flowline, or pipelines constructed on the Property. KPK may provide a copy of this Agreement to the COGCC as evidence of this waiver. 23.DISPUTES Any action(a) seeking damages for a violation of or arising from this Agreement or the actions of the parties related to the subject matter of this Agreement, (b) involving the meaning, construction, or intent of this Agreement or any provision thereof, or(c) to enforce the provisions of this Agreement, shall be brought in the District Court for Weld County, Colorado. The prevailing party in such action shall be entitled to recover its reasonable costs and attorneys' fees in the action from the other party. Such costs and fees shall be in addition to any other relief that may be awarded. 24. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without reference to its conflict of laws provisions. 25. COMPLIANCE WITH COMMON LAW AND STATUTORY AND REGULATORY REQUIREMENTS. Zadel Family, LLLP expressly acknowledges that this Agreement satisfies the obligations and requirements of KPK pursuant to COGCC rules and regulations and Colorado statutes to consult in good faith with Zadel Family, LLLP regarding existing and proposed oil and gas operations on the Property. Zadel Family, LLLP further expressly acknowledges that this Agreement shall be deemed to be specifically applicable to, and to fully satisfy, the obligations of KPK to accommodate the use of the surface of the Property by Zadel Family, LLLP, existing and future, and Zadel Family, LLLP waives any statutory and common law claims to the contrary, including, but not limited to, any claims pursuant to C.R.S. 34-60-127. Page 9ofll • • • I EDI 11111 111111 IIII H 1111111 HIND 111111 III liii 3545040 04/02/2008 02:52P Weld County, CO 10 of 13 R 66.00 D 0.00 Steve Moreno Clerk& Recorder 26. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding among the parties hereto regarding the matters addressed herein, and supersedes any previous communications, representations or agreement, whether oral or written. This Agreement shall not be amended, except by written document signed by all parties. 27. EXECUTION AND BINDING EFFECT. This Agreement may be executed in any number of counterparts each of which shall be deemed an original instrument but all of which together shall constitute one and the same instrument, and shall be binding upon and inure to the benefit of the parties, and each of their respective successors and assigns and is executed by the parties as of the Effective Date set forth above. The parties have executed this Agreement on the day and year first above written. LAPEL FAMILY,LLLP K.P.KAUFFMAN COMPANY,INC. AY "rid B Gordon L. AI ott,Jr. i Executive Vice President Page 10 of 11 11111 1111 111111 IIII IIII IIIII 111111111 111111111 III! • 3545040 04/02/2008 02:52P Weld County, CO 11 of 13 R 66.00 D 0.00 Steve Moreno Clerk& Recorder ACKNOWLEDGMENTS STATE OF COLORADO ) COUNTY OF DENVER ) j The foregoing instrument of writing was acknowledged before me on this 2.0 day of Fr-b ,2008 by ( D CYl L,14 i kilf .r ,for and on behalf of the K.P.Kauffman Company,Inc.,a California corporation,for the uses and purposes stated herein. / (__ /J�nn ,, MthPSSTtftfand atiti-stel: ,fl A- " 7- T, DEBRA K. ROGERS IN Public Print Name: NOTARY PUBLIC J / Debra K. Rogers sTAT 1vt9Eo 911692xpires; ice!i)7 x)9 Address:_ 1675 Broadway, Ste. 2800 My Commission Expires 10_70 77og Denver, CO 80202 STATE OF COLORADO ) COUNTY OF DENVER ) / The foregoing instrument was acknowledged bef e me this 3 day of Ma/GIL ,2008,by L—r OR n 1I/ '2_Qr1Gi ,as G e nt r"A/ ride tiler" for Zadel Family,LLLP on behalf of such company. \x�tttUtl llir 7 ``\pxxx N.... �,P O" �vcysmtligkaYndo/t'iciaFseal.2 f O _ otary Public 11 / PUZ\NNG ° Print Name: Mt/,sa_ .S4,rd 404iilssion Er O1)-12'// Address: 0593 tt/ce Co EilOFttCx`dsa r/{ /Y7 . 60(071 0ommissioneo? Page 11 of 11 • 11111111111111111111111111 IIIIh11111III 111111 111 1111 3545040 04/02/2008 02:52P Weld County, CO 12 of 13 R 66.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A Lot 1,2,3, and 4 N2NW4; Lot 6 SW4NE4 30-2-66; Lot 3 E2 NE4 25-2-76 platted as The Lupton Meadows Land Co. Division 3 of the 6th P.M. Weld County, Colorado • - aary xxa burvwr LO✓I.OOSW • EEEEil$ n on•ns nunv WafM[M1 T Id Lid 100N aul•e.opMsuoa oPeaolep uuVMaM 1 sxuswe d 211 r t 9`m el ▪ 3 E fie O • < mmi U m a a '' 03 0 mom 0 E I I 0 Cr J ,.: 1• _art { � ,_y-• _ --_}: e-'M I. � r /, -,4,I 11 lamp ! _ N P..p F:FaWp lamp ! N mmo 1000 / ` II la W moo I k � ' Po a WII fl f- O iI kilt r _ 1{I I ��`p`p;;;; J U II r-i �04 _o o I), $5, / i lie- li � [ II o e vIMMI re ‘ t I =I S aor a✓tt MC♦ ii i_.1...,,„„%._,_„____.--- I IIl •i� / II : -0ii_ 1 ,l41 ,,,-/a., +, < l I N J./ I I III —M r q t ' '-� -- I I 11 II I 1 - °� c t 4III w nr `i, I I' 11 " ligi ti t I I z, 11 ¢� �' 2i x, l• * Ea I' II OilI . I IIt �_ 3 y 1111 s: �—_� f � + ,// II x I z',; L'it 4 I r it _ a u I I y� r7� l _ �i � a$i,�{ 1b� l Fe / II I :a W a r I`�, �L �11 $ r^I �A k W tII 1 a• g ;I sra u pp J II "S� sa II p s L'''''' ^ Il S � d) f Nil I , pr E W � I II JI A,* Page 1 of 2 Todd Yee From: Ken Lair[kdlair@yahoo.com] Sent: Thursday, March 13, 2008 8:36 AM To: Todd Yee Subject: RE: Reclamation plan info for Northern Colorado Constructors(Zadel)Amendment Hi Todd, Sorry for the miscommunication between us all on this. Yes, the reclamation plan for Northern Colorado Constructors(Zadel) Amendment looks fine, with adequate attention and measures for erosion control and revegetation within the documents I have reviewed. Please feel free to contact our NRCS office staff in Brighton or me with any further questions or need for assistance. Thanks for submitting this plan again for review. Ken Lair, Secretary-Treasurer Platte Valley Conservation District Brighton, CO Todd Yee<toddyee@f-tconsulting.com>wrote: Ken, Can you send me a quick email stating you have reviewed the rec plan/restoration plan and either are ok with it or with comments. The County wants something in writing that we have addressed your concerns for NCC's USR permit application. I believe that your referral stated that you were not provided a plan for technical review. We spoke about this and you said that you had it from when I sent it during the DRMS review process. Please feel free to give me a call with any questions or if you need me to send you the reclamation plan and map again. Thanks, Todd Yee MT Consulting, Inc. 1400 W 122nd Avenue-Suite 120 Westminster, CO 80234 Office: 303-457-0735 Cell: 303-947-8742 Fax: 303-920-0343 Email: toddyee@-tconsulting.com Web: www.j-tconsulting.com From: Ken Lair [mailto:kdlair@yahoo.com] Sent:Tuesday, September 18, 2007 3:10 PM To: toddyee@j-tconsulting.com Subject: Reclamation plan info for Northern Colorado Constructors (Zadel) Amendment 3/13/2008 • • Page2of2 Hi Todd, Thanks for agreeing to send us the information on the NCC permit amendment. We look forward to receiving and reviewing it, as a service to Weld County and the State. My contact info: Ken Lair, Member Platte Valley Conservation District 16507 Essex Road North Platteville, CO 80651 303-250-9187 cell 303-445-2005 office kdlairgyahoo.com home klairgdo.usbrgov office Thanks again. Ken Be a better Globetrotter. Get better travel answers from someone who knows. Yahoo! Answers - Check it out. Be a better friend, newshound, and know-it-all with Yahoo! Mobile. Try it now. 3/13/2008 • STATE S COLORADO DIVISION OF RECLAMATION,MINING AND SAFETY Department of Natural Resources 1313 Sherman St.,Room 215 Denver,Colorado 80203 COLORADO Phone:13O3}866-3567 DIVISION OF FAX:(303) 832-8106 RECLAMATION MINING & SAFETY • January 8,2008 Bill Ritter,Jr. Governor Mr. Chris Zadel Harris D.Sherman Northern Colorado Constructors, Inc. Aggregate Div Executive Director 9075 WCR 10 Ronald W.Cattany Ft. Lupton,CO 80621 Division Director Natural Resource Trustee Re: NCCI Pit#1, Permit No.M-2001-I07,Amendment Approval,Revision No.AM-1 Dear Mr. Zadel: On December 24, 2007 the Division of Reclamation, Mining and Safety (Division)approved the Amendment application submitted to the Division on August 27, 2007,addressing the following: Acreage Increase of 72.86 acres. The terms of the Amendment No. I approved by the Division are hereby incorporated into Permit No. M-2001-107. All other conditions and requirements of Permit No. M-2001-107 remain in fall force and effect. The total financial warranty amount of $1,338,509.00 proposed by the Operator, for the existing permit plus the expansion proposed under Amendment AM-I, has been determined by the Division to be adequate. The phased bonding approach proposed by the Operator is also approved by the Division. The amount of financial warranty currently held by the Division for this permit is $767,983.00. The total amount of bond that must be held by the Division upon initiation of the first phase of the expansion will be $947,991.00, which is an increase of$180,008.00 over the amount currently held. Therefore, in accordance with Rule 4.1(2), the operator must submit additional bond in the amount of$180,008.00 within 365 days of the date of approval of the amendment (December 24, 2007) , or upon initiation of mining in the expanded area, whichever occurs first. The revision will not be final until the bond is approved by the Division. If you have any questions, please contact me at(303) 866-3927. Sinicerely, David A Bird Environtncntal Protection Specialist, Senior Cieochemist Enclosure cc: Mr. Todd Yee, J&T Consulting, Inc. Tony Waldron, DRMS Elizabeth 1'aiiaferro, DRMS Office of Mined Land Reclamation Denver • Grand Junction • Durango OfIne of Active and Inactive Mines • S_I ATE OF COLORADO OFFICE OF THE STATE ENGINEER • D::eSa>r: Art'1 es.ui ^.5 .fir 1.,e:•15-1'714:r! ,•Kd'�°B i esGu:zes tir.4-Hilo}t'i'er R(1:171"f;• •-. • January 8, 2008 Rachel Kullman Clear Water Solutions 8010 S Country Road 5. Ste 105 Windsor. CO 80528 RE Substitute Water Supply Plan, NCCI Pit#1 M-2001-'•07 Section 24 T N R67W P.M Water Division 1 Water Distnct 2. Weld County Approval period January 1. 2008 through December 31 2008 Contact phone number for Ms Rachel Kullman 970-223-3706 Dear Ms Kullman We have received your letter of October 25. 2007. requesting renewal of the above referenced substitute water supply plan to cover depletions caused by an existing gravel mining operation operated by Northern Colorado Constructors Inc ("Applicant-) The required fee of $25± 00 for the renewal of this substitute supply plan (*SWSP i has been submitted (receipt no 3622686) The original supply plan was approved on December 30. 2002 and the SWSP was most recently renewed on October 27. 2006 Plan Operation This plan seeks to replace depletions resulting from mining at the NCCI Pit #1 i-NCCI Pit-) There will be one dewatering trench around the active mining cell Water from the trench will be collected in a process water pond then pumped to a sedimentation pond After sedimentation. the water will be returned to Little Dry Creek where it will flow back to the South Platte River The total exposed water surface at the site is 2 73 acres In order to provide a buffer to neighboring wells from dewatering. the Applicant constructed two recharge ditches on the southern end of the property The Applicant wilt place a portion of its dewatering water into these recharge ditches Depletions at the site will result from evaporation water lost in mined product. concrete production, asphalt production and dust control The lagged depletions will be replaced using three shares of Lupton Meadows Ditch Company and fully consumable effluent leased from the City of Thornton "Thornton.) The reclamation plan for the NCCI Pit is to place a compacted clay liner around the interior of the mine slopes for the purpose of preventing groundwater seepage from entering the pit The applicant has bonded for lining of the pit through the Colorado Division of Reclamation Mining & Safety • Rachel Kullman January 8. 2008 Page 2 Depletions The anticipated consumptive use for this plan is 36 81 acre-feet per year for up to 2.73 acres of water surface exposed after December 31 1980. According to the information submitted. no water surface was exposed within the reclamation permit boundary prior to January 1 1981 You have provided a monthly breakdown of the maximum annual consumptive use totaling 8 09 acre-feet of evaporative loss from a maximum of 2 73 acres of exposed groundwater 6 2 acre-feet for dust control 14 72 acre-feet of water lost with 500.000 tons of mined product. 7 4 acre-feet for concrete production and C 4 acre-feet for aspha,t production Depletions were tagged to the stream using a Glover analysis and assuming a distance to the stream of 3,300 feet. transmissivity of 150.000 gpolft. specific yield of 0.2 and no-flow boundary of 5 000 feet. Replacements The sources of replacement water are 3 shares of Lupton Meadows Ditch Company I LIVMDC :, and 33.37 acre-feet of fully consumable water leased from Thornton The 3 shares of LMDC histoncally irrigated the 11 acres of pasture grass at the NCCI Pit site. shown in attached Figure 2 The LMDC owns shares in several ditch systems including the Lupton Bottom Ditch, Slate Ditch Meadow Island Ditch #1. Meadow Island Ditch #2 and the Ellwood Right The amount and source of water available for the LMDC shareholders depends on the physical location of the property under the ditch system The NCCI property has always been irrigated with only the Lupton Bottom Ditch portion of the LMDC right. therefore. the consumptive use was calculated for the Lupton Bottom Ditch According to the plan. and based on information from the water commissioner the first 48 cfs of the Lupton Bottom Ditch diversions benefit all Lupton Bottom shareholders The LMDC owns 43 shares of the 82 5 shares in the Lupton Bottom ditch. therefore. LMDC receives 52.1% of the first 48 cfs The next 10 cfs benefit the Lupton Meadows shareholders Any amount delivered beyond the first 58 cfs is credited back to the Lupton Bottom shareholders, prorated like the first 48 cfs Assuming a 10% ditch loss. a 55=r irrigation efficiency. and return flows of 20% surface and 80x1 subsurface. the dry-year consumptive use of the 3 shares of LMDC was determined to be 3 7 acre-feet The subsurface return (tows 'were lagged to the stream system using the Glover method The Applicant assumed a distance of the well to the stream of 3 000 feet. a transmissivity of 150.000 gallday/ft. a specific yield of 0 2 and a distance to the impermeable boundary of 5.000 feet The LMDC shares will be returned for augmentation in the summer months through the LMDC East Lateral augmentation station located In Section 13 Township 2 North. Range 67 West Leased water from Thornton will be used to replace lagged depletions and return flows that are not replaced by the 3 shares of LMDC. The leased water from Thornton will be released from the Metropolitan Wastewater Treatment Plant f-Metro-y A 0 5' u per mile transit loss (14% overall loss for the 28 miles between Metro and the point of depletion) was accounted for in the SWSP • Rachel Kullman January 8, 2008 Page 3 The lagged depletions. include depletions resulting from past uses at the site. and the replacements are shown on attached Table 6 Conditions of Approval I hereby approve the proposed substitute water supply plan in accordance with Section 37-90-137O1) C R.S . subject to the following conditions This SWSP shall be valid for the period of January 1. 2008 through December 31 2008. unless otherwise revoked modified. or superceded by decree If this plan will not be made absolute by a water court action by the plan s expiration date. a renewal request must be submitted to this office with the statutory fee by November 1 2008 2 A well permit must be obtained for the gravel pit in accordance with Section §37.94- 137i2'r and ( t 1.1 C R S Tne provisions of R S prohibit the issuance of a permit for a well to be located within 600 feet of any existing well. unless the State Engineer finds that circumstances so warrant after a hearing held in accordance with the procedural rules in 2CCR402-5. This hearing may be waived if you are able to obtain statements from the owners of all wells within 600 feet. verifying that they have no objection to your use of the proposed well Should a new well permit be denied for reasons of 600 foot spacing. or any other legitimate reason. approval of this substitute supply plan will be canceled 3 The total area of exposed pond surface shall not exceed 2.73 acres Total consumptive use of the mining operation shall not exceed 36 81 acre-feet of which 8 09 acre-feet is due to evaporative losses 6.2 acre-feet is due to dust suppression. 14 72 acre-feet is due to water remove in product l4% moisture of 500.000 tons of raw material). 7 4 acre-feet is due to concrete production and 0 4 acre-feet is due to asphalt production Should the total consumption at the pit exceed these amounts prior to the expiration date of this plan. an amendment needs to be filed with this office 4 Approval of this plan rs for the purposes as stated herein Any additional uses of this water must first be approved by this office 5 The Water Commissioners responsible for the administration of this plan are Mr Robert Stahl 9376 WON 25 Fort Lupton CO 80621, pnone no (303) 857-0742 The applicant shall maintain daily records of all diversions replacements. and the amount of water used for each particular purpose The applicant shall provide a report of these records to the division engineer and the water commissioners on a monthly basis on a form approved by them The accounting must be submitted within thirty (30) calendar days of the end of the month for which the accounting is being made In addition. the applicant shall submit a report from the City of Thornton The reports shall include an accounting of all replacement water controlled by Thornton. showing the total volume of water under their control and the amount committed to each of the reoiprents of the water 6 All diversions shall be measured in a manner acceptable to the division engineer. The Applicant shall install and maintain such measuring devices as required by the division engineer for operation of this SWSP • • Rachel Kuliman January 8, 2006 Page 4 7 All releases of replacement water must be sufficient to cover all out of priority depletions and be made under the direction and;or approval of the water commissioner 8 The name. mailing address. and phone number of the contact person who will be responsible for operation and accounting of this plan must be provided on the accounting forms to the division engineer and water commissioner 9 The approval of this substitute water supply plan does not relieve the Applicant and'or landowner of the requirement to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to ensure the permanent replacement of all depletions. including tong-term evaporation losses and lagged depletions after gravel mining operations have ceased If reclamation of the mine site will produce a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division ' Water Court at least three iii years prior to the completion of mining to include but not be limited to long-term evaporation losses and lagged depletions If a lined pond results after reclamation. replacement of lagged depletions shall continue until there is no longer an effect on stream flow 10 This substitute water supply plan may be revoked of modified at any time should it be determined that injury to other water rights has or will occur as a result of this plan t Should this substitute water supply plan expire witnout renewal or be revoked prior to adjudication of a permanent plan for augmentation all excavation of product from below the water table and all other use of water at the pit. must cease immediately 12 Dewatering at this site will produce delayed depletions to the stream system As long as the pit is continuously dewatered the water returned to the stream system should be adequate to offset the depletions However once dewatenng at the site ceases the delayed depletions must be addressed At least three years prior to completion ci dewatenng. a plan must be submitted that specifies how the cost pumping dewaterin depletions will be replaced !r? time place and amount 13. The decision of the state engineer shall have no precedentral or evidentiary face shall not create any presumptions, shift the burden of proof or serve as a defense in any water court case or aril/ other legal action that may be initiated concerning the substitute water supply p'an This decision shall not oind the State Engineer to act in a similar manner in any diner applications invoivrng other plans or in any proposed renewal of this plan and shall not imply concurrence with any findings of fact or conclusions of law contained herein. or with the engineering methodologies used by the Applicant • • Rachel Kullman January 8. 2008 Page 5 Should you have any further comments or questions. please contact Scott Cuthbertson Assistant Division Engineer in Greeley at 970-352-8712 or Joanna Williams of this office Sincerely • Kevin G. Rein. P E Chief of Water Supply Attachments Table 6 and Figure 2 cc Scott Cuthbertson, Assistant Division Engineer Robert Stahl. 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T. r 1, 1 1 -.~ L• \ I 1 -_ f f _ \ \ 1 I ! > ..- YI{ • , 1 x• . �^ — _ _ —ki MKi —� HS - t # i t1}1 --1 _ ,�J F 1 it ` �-� , 1 T �:1, t . 4!t i•2 ! 1F1�)�=i tirl1�?' t i !t t MIL :s • si a 4,},2614.O.CC: NORTH Northern Colorado Constructors, Inc_ RtnC SCALE -- 00r Pit No. Aerial Photo 199s October 2001 2 , 'i ilI WATER; , ;,, water rights • planning • engineering October 25, 2007 Ms. Joanna Williams State Engineer's Office 1313 Sherman Street, Room 818 Denver, CO 80203 RE: 2008 Renewal of Substitute Water Supply Plan for NCCI Pit#1, M-2001-107 Dear Joanna: This substitute water supply plan (SWSP) renewal request, submitted on behalf of Northern Colorado Constructors, Inc. (NCCI), proposes to replace depletions from the NCCI Pit #1. NCCI Pit #1 has been expanded to the north to include the Rankin Property. NCCI Pit #1 is located in the E 1/2, Section 24, Township 2N, Range 67W, in the 6th P.M. in Weld County. Figure 1 is a vicinity map of the site. The current NCCI Pit #1 SWSP was approved on October 27, 2006 and is valid through December 31, 2007. All depletion information has been updated in this request and the replacement sources remain Lupton Meadows Ditch Company (LMDC) and lease water. A check made out to the Division of Water Resources for the $257 renewal fee is enclosed. CONSUMPTIVE USE OF GROUNDWATER Groundwater use at NCCI Pit #1 will include evaporation from exposed groundwater, dust control of haul roads and stockpiles, water retained in material removed from the site, and concrete and asphalt production. Consumptive Use Prior to Plan Period (2003-2007) Operation of NCCI Pit#1 began in mid-2003 with site preparation and mobilization. No material was mined in the 2003 calendar year. Table 1 summarizes the consumptive uses associated with evaporation, dust control, and aggregate mining between 2003 and 2007. 8010 S.County Road 5,Ste.105 I Windsor,CO 80528 I (T)970.223.3706 I (F)970.223.3763 I www.cl ear watercolorado.com Estimated Consumptive Use during Plan Period (2008) Evaporative Uses In 2008, the mining operation will consist of a 2,030 x 5 foot dewatering trench system. Water from the trenches will be collected in a 100 x 200 foot low-point collection area from which water will be pumped to an 80-foot diameter sedimentation pond. After sedimentation, the water will be returned to Little Dry Creek where it flows back to the South Platte River. Another 100 x 200 foot pond will be used for process water for the concrete plant. In addition, the dewatering trench system will include two 20 x 300 foot and two 20 x 200 foot ponds. In order to provide a buffer to neighboring wells from dewatering, NCCI constructed two recharge ditches on the southern end of the property. NCCI will place a portion of its dewatering into these recharge ditches. Figure 2 show mining conditions anticipated during 2008. Evaporation data was taken from NOAA Technical Report NWS 33, Evaporation Atlas for the 48 Contiguous United States. The annual gross evaporation was determined to be 45 inches for this location. Monthly evaporation percentages are established by guidelines set by the State Engineer's Office. To determine precipitation, data from the National Weather Service for both the Fort Lupton weather station (1950-1975) and the Brighton weather station (1976-2005) were used. Missing data was replaced with the average for the period. The long-term average precipitation at NCCI Pit #1 is estimated at 13.4 inches. Effective precipitation is calculated at 70% of the total precipitation. The resulting net evaporation is nearly 3.0 feet. The total evaporative use of groundwater from the 2.73 acres is 8.09 ac-ft as shown in Table 2. Operational Uses Operational uses of groundwater proposed during 2008 include water retained in the mined material, water used for dust control on-site, and water used for the production of concrete and asphalt. This plan year will be the first year that NCCI will produce concrete and asphalt on-site. Table 3 includes the operational uses proposed for 2008. The total material anticipated to be mined is 500,000 tons for this plan renewal. Using 4% moisture content, the total associated consumptive use for water retained in the material mined is 14.72 ac-ft. Water used for dust control is anticipated to be the same as in previous years; 10,000 gal/day, 5 days/week for 40 weeks of the year. Total consumptive use of water for dust control is estimated to be 6.2 ac-ft. Clear Water Solutions, Inc. NCCI Pit#1 2008 SWSP 2 Water used for concrete production is anticipated to be 10,000 gal/day, 6 days/week, for 40 weeks during the year. Total consumptive use of groundwater for concrete production is estimated to be 7.4 ac-ft. Asphalt production is estimated to use 500 gal/day, 6 days/week, for 36 weeks during the year. Total water use for asphalt production during 2008 is anticipated to be 0.4 ac- ft. Total water use during the 2008 SWSP period is estimated to be 28.72 ac-ft as shown in Table 3. MINING STREAM DEPLETIONS Depletions to the South Platte River from mining are delayed since the mining site is located more than 100 feet from the river. A stream depletion model was used to determine the lagged impact to the South Platte River due to mining operations. The stream depletion model used to time the depletions to the river contains the following parameters: • The point of groundwater use was estimated to be 3,300 feet from the river. This distance represents the average down-gradient extent of the exposed groundwater to the river. • The transmissivity was estimated to be 150,000 gal/day/ft. This transmissivity is the same as a pump test performed in the area by USGS, Groundwater Circular No. 11, B1-66-8bdc. • The specific yield was assumed to be 0.2, which is typical of an alluvial aquifer. • The location of the parallel impermeable boundary was estimated to be a distance of 5,000 feet from the stream, USGS Geohydrology of the Shallow Aquifers in the Fort Lupton-Gilcrest Area, Colorado. Table 4 includes the stream depletions associated with the evaporative and operational uses estimated for 2008. Table 4 also includes the stream depletions associated with the consumptive use of groundwater prior to 2008. As shown, total depletions to the South Platte River during the plan period are anticipated to be 32.95 ac-ft. The stream depletion model is included in Appendix A. REPLACEMENT WATER NCCI Pit #1 will make use of Lupton Meadows Ditch water and a lease of fully consumable water from the City of Fort Lupton during this plan period. Clear Water Solutions, Inc. NCC1 Pit#1 211118 SWSP 3 Lupton Meadows Ditch NCCI owns three shares of LMDC as evidenced in Certificate No. 632 included in Appendix B. The three shares will be returned for augmentation in the summer months through the LMDC East Lateral augmentation station located in Section 13, Township 2N, and Range 67W. The three shares of LMDC historically irrigated 11 acres of pasture grass. The consumptive use analysis was completed by RMC in the original SWSP. This analysis was reused, except it was updated with new LMDC diversions. The LMDC derives its water supplies from direct ownership of shares in other mutual ditch companies. These ditch companies include the Lupton Bottom Ditch, Slate Ditch, Meadow Island Ditch #1, Meadow Island Ditch #2, and the Ellwood Right. The water available to the LMDC shareholders is dependant on the physical location of the property under the ditch system. According to the District 2 Water Commissioner, Mr. Bob Stahl, NCCI's site has always been irrigated with the Lupton Bottom portion of the LMDC right. Mr. Stahl stated that the first 48 cfs of the Lupton Bottom Ditch diversions went to the benefit of all Lupton Bottom Ditch shareholders. The LMDC owns 43 shares of the total 82.5 shares in the Lupton Bottom Ditch, and therefore receives 52.1% of the first 48 cfs. The next 10 cfs of the Lupton Bottom Ditch diversions go 100% to the benefit of the LMDC shareholders. Any diversions beyond the first 58 cfs benefit all Lupton Bottom shareholders, which LMDC again receives 52.1%. There are a total of 4,084 shares in LMDC. A four-dry year average (1954, 1963, 1977, and 1994) was used to determine the LMDC diversions as described above. The tables for the analysis are included in Appendix C. Table 5 shows the LMDC consumptive use analysis. The prorata diversions for the three LMDC shares owned by NCCI are 7.5 ac-ft. A 10% ditch loss and 55% farm efficiency was used. The total potential crop consumptive use, performed by RMC in the original SWSP, was used as part of this analysis. Return flows were assumed to be 20% surface and 80% subsurface. The subsurface return flows were lagged back to the river using an alluvial groundwater model with the following parameters: • The point of return flow was placed 3,000 feet from the river. This distance represents the centroid of the property historically irrigated with the three LMDC shares. • The transmissivity was estimated to be 150,000 gal/day/ft. This transmissivity is the same as a pump test performed in the area by USGS, Groundwater Circular No. 11, B1-66-8bdc. • The specific yield was assumed to be 0.2, which is typical of an alluvial aquifer. Clear Water Solutions, Inc. NCCI Pit in 2008 SWSP 4 • The location of the parallel impermeable boundary was estimated to be a distance of 5,000 feet from the stream, USGS Geohydrology of the Shallow Aquifers in the Fort Lupton-Gilcrest Area, Colorado. The stream depletion model for the LMDC return flows can be seen in Appendix D. The total consumptive use associated with the three shares is 3.7 ac-ft. City of Fort Lupton Table 6 includes a water balance relative to the South Platte River for the NCCI Pit #1. After the three LMDC shares are credited for augmentation, there is still an augmentation requirement of 29.27 ac-ft for 2008, which includes winter return flows associated with the Lupton Meadows water. To meet this remaining augmentation obligation, water will be leased from the City of Fort Lupton. The water leased from Ft Lupton is fully consumable and will be released from the City's wastewater treatment plant (WWTP). In order to deliver this leased source to the point of depletion from the mining operation, a 0.5% per mile transit loss was used for four stream miles. The total lease from the City of Fort Lupton is 29.85 ac-ft and will sufficiently augment depletions through December 2008. The draft Ft Lupton lease is included in Appendix E. The final lease with Fort Lupton will be submitted once it is executed by both parties. SURROUNDING WATER RIGHTS In 2006, a well permit application for NCCI Pit#1 was submitted, receipt number 3608956, and was issued on October 30, 2006. The required documentation has been submitted to maintain this well permit. However, since the consumptive uses have increased, a new well permit for the current mining operation will be submitted under separate cover. A 600-foot spacing field inspection has been requested with Mr. Bob Stahl. The new well permit and 600-foot waiver statements (if any) will be submitted once Mr. Stahl has completed his inspection. SECURITY AGAINST LONG-TERM AUGMENTATON OBLIGATION NCCI is sufficiently bonded for lining at the site. A clay-liner will be used for this end land use. In the rare event that NCCI ceases mining and abandons the site, the bond can be used to line the site to avoid any associated long-term augmentation responsibility. Clear water Solutions, Inc. NCCI Pit#I 211118 SWSP 5 TERM OF SWSP APPROVAL It is requested that this SWSP is approved through December 31 , 2008. CONCLUSIONS AND RECOMMENDATIONS • The annual consumptive use for the mining operation is 36.81 ac-ft, 8.09 ac-ft of which is associated with evaporative uses and 28.72 ac-ft of which is associated with operational uses. • A lease for fully consumable water has been secured with the City of Fort Lupton for 29.85 ac-ft and will be used year-round to offset stream depletions from mining and return flow obligations from the Lupton Meadows shares. • A new well permit will be submitted, along with any necessary waiver statements, once the 600-foot field inspection is completed. • It is requested that this plan be approved through December 31, 2008. This completes the request for the renewal of the NCCI Pit#1 substitute water supply plan. If you have any questions or need additional information, please do not hesitate to call. Cordially, Clear Water Solutions, Inc. Rachel Kullman Water Resource Engineer Enclosures cc: CWS File #06-130 Todd Yee, J&T Consulting, Inc. (via email) NCCI Copy to J&T Consulting, Inc. (via email) Bob Stahl, District 2 Water Commissioner (via email) Clear Water Solutions. Inc. NCCI Pit#1 2008 SWSI' 6 • • J .. � q • • � �' .�. � R67W R6.,-;,.,\---._„, 1N n :. • • u illy • la III .9.Th n • Ett4. (----- • , ... i ;� . ,,— l f -_ _ . _4,37 • • I u . . Aid: .,,,,,, ,, ' \ \ N C" e 0 i. i \\c,, 19 .. • r. 1� r) u o961: V 4•60 1J , it 1 • N '•7TQ j:j/ �I = e �~; NGCI P T # 1 , -_ �� <. .i.• • LII4.8,,. , y 4, Well . C c I-- ` • \ o l'tik\ ' Hilt 4 . . Siphon �wRi:i ... .eR; 1NC-114T ance ,4 f rs,phon ` • :' _ ,r882 . l • C •I I i , .. 4' 1/4,!.....414,--- , 4. . : 11; 1 4segil ' / 1 silt . 4. \ 7/ ... • f ( ( " 0 ‘ 0 ) (- 0 •—0 0 zer) i - 1 i- prt: Per -.- - .. ._ i tib `;ate o 0 j .l I I :/' O O c � � r - r _ ' • �: i 36M4892 . ..— _ •••• r • 1 r � ' • f 1 r I • , • '-': 1-7, . .._.... ' -/ f . , ... 00# .2( / ' ‘I • i • I 1 r \ I f I r 3� ••` JI 31 ' �� Si say I . . ,„--r.)--t_ , 1 1‘7119 . , i Crack L • •it rTh C ( ! FORT LU PTO N .rya ,,a_ • • ,fir ( j tFJ---_-- f _ I. r---- -- ees - - f aA re • a . `` tsar■ .. • r _ L977 - �, . l . LC ,P) 2000 1000 0 2000 It Figure 1 SCALE IN FEET Date: 10/17/07 JT JET Consulting, Inc. Northern Colorado Constructors , Inc. Job No: 06109 NCCI Pit # 1 Drawn: WSS 1400 W 122nd Avenue - Suite 120 Westminster, CO 80234 Vicinity Map Scale: 1 " = 2000' 303-457-0735 Sheet: 1 O f: 1 • • „ ill \ a • 1 'tie 4es-'s- - r ., XI 1 1... ...�—--- -• -‘-diftt • Y�� Nr.yy MP \\\\. , re- 1I ii I I! ` I . CV \\ 4 O 4562e— ' 4.8.6i 1 . 4 • eta a 866% ek I ' - Iligis4:14::::4N \ , L: i _.,. „Li,. .... . ...,,, . ,,, , e — j Cr r N ' 4 , . • 0 • 7INCCI PIT #1 I It r1�,, I 1• 5 . 1 v. \ - N PROCESS 1. i is - . • POND , * Nk_. \ I ., 1 0 /, Q' I , '\ RECHARGE • i DITCH i Cli • t i I. La. A _ . Flume ' • • ---�-- . C R 18 �,1- // Siphon # 4 "4867 * ; I . IT eun � i , 7 ' . 1 i 4cI\ 7r 800 400 0 800 )) I 5\ It) ,_ 2008 MINING LIMIT DITCH FIGURE 2SCALE IN FEET Date: 10/17/07 Jill J&T Consulting, Inc. Northern Colorado Constructors , inc. Job No: 06109 NCCI Pit # 1 Drawn: WSS 1400 W 122nd Avenue - Suite 120 Scale: 1 " = 800' Westminster, CO 80234 2008 Mining Conditions 303-457-0735 Sheet: 1 Of: 1 I • G V O L d 48 - 0 3 U at in O O Cr) O') c ,rd 71 N T O CO (fl - O O an O rC N N F- z _ U co N r r N N cm O W C O I i . 1 32 a CU C a v) O ^ ; DU O •• ••, C) � NNNN 1:1)— (13 CD CO CD CO CD (C) o t- o a) C U c� m — N.--z -0 O O O N N cc O 6 co O r . ^, a_ O N C� T T T 4 - c W C itcs O O O O O O O O O O O 0)N O O 0) cfl N it Q a_ a) > QD as O r CO 4 4 CIS (1) > a) R w w a O CO N O M O O N N C 0 _� C13a M O (n O V LO L() a co. co aa)) i C l- - O 6 r T T r Iti w a) Ct No o E c U cn o T.do , C N C� o 0 N r O O r i CO InCfl i O iU O O O O p O O O O O Z CO E d > N N N N NO U)) (a z O U c� H cn Z Z • • ,. _ _ C _ _ O > • .... 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CO L() N N CV CO Q) a m N O U 2 co �— O O O O O O O O O O C� O M EE a O N o Q coL p o .0ID ant E c ) a E ~> '> U c C C 1- > RI •O 'ct' CO CO it 0) N- N N CO N- r N O vi o a) a Q to .t d; T N. rn c) co to o L J_ E .„ o 0 co _ E Cti ..- " r r r r N N CO CO M C7 co M O O C n- U C3 0w0- U) O C o J 0 :4:-, W .., a) C u E 0 U a) CO E c •0 0 D E 1- cti cam,) ao oo ao co coop 00 0 U) E W o CO cO U o o a a 0 0 0 o D a) .o -o ti, co o ' a c� C 3 C o 0 o a) o - W ca Ed Z o0 i i 2 Li- 2 < 2 -) ¢ co O Z o ~ co CO C a «, CD a) I ..< CCCZ FCa CVI- ZZ zCmOOWL.L • S 4 II :�i v i; 1 •: APPENDIX A Mining Stream Depletion Model clCnrWATERsnliitiotrs water rights • planning • engineering 0 • c/Ct! rWATERsoltt tioii water right! • planning • onginraering NCCI Pit #1 Date: 10/25/07 Stream Depletion Analysis Completed By: RJK Distance from stream = 3300 ft Transmissivity = I 50000 gpd/ft Specific Yield = 0.2 No-flow Boundary = 5000 ft Cumulative Cumulative Volume of Volume of Cumulative Volume Volume Volume of Depletion Stream Time Month Pumped Pumped Depletion This Step Depletions (months) (ac-ft) (ac-ft) (ac-ft) (ac-fl) (ac-ft) I Jan-03 0.07 - 0.075 0.005 0.0 I Year 1 2 Feb-03 0.14 0.215 0.032 0.03 3 Mar-03 0.39 0.609 0. 106 0.07 4 Apr-03 0.60 1 .204 0.273 0. 17 5 May-03 0.85 2.058 0.568 0.29 6 Jun-03 1 .06 3. 117 1 .019 0.45 7 Jul-03 1 .13 4.243 1.630 0.61 5. 1 8 Aug-03 0.99 5.236 2.365 0.73 9 Sep-03 0.60 5.840 3. 141 0.78 10 Oct-03 0.47 6.306 3.868 0.73 I 1 Nov-03 0.26 6.570 4.514 0.65 12 Dec-03 0.08 6.645 5.051 0.54 13 Jan-04 0.13 6.778 5.474 0.42 Year 2 14 Feb-04 0.23 7.006 5.827 0.35 15 Mar-04 0.58 7.584 6. 171 0.34 16 Apr-04 0.89 8.469 6.593 0.42 17 May-04 1 .25 9.723 7.158 0.56 18 Jun-04 1 .58 11 .298 7.919 036 19 Jul-04 1 .68 12.976 8.896 0.98 9. 1 20 Aug-04 1 .48 14.453 10.039 1. 14 21 Sep-04 0.92 15.372 11.233 1. 19 22 Oct-04 0.70 16.072 12.346 1 . 11 23 Nov-04 0.39 16.465 13.334 0.99 24 Dec-04 0.13 16.599 14. 152 0.82 25 Jan-05 0.23 16.829 14.803 0.65 Year 1 26 Feb-05 0.40 17.224 15.354 0.55 27 Mar-05 1 .00 18.228 15.906 0.55 28 Apr-05 1 .54 19.767 16.605 0.70 29 May-05 2.18 21 .946 17.560 0.96 30 Jun-05 2.74 24.683 18.865 1.30 31 Jul-05 2.92 27.599 20.548 1 .68 15.5 32 Aug-05 2.57 30. 166 22.525 1.98 33 Sep-05 1 .60 31 .762 24.591 2.07 34 Oct-05 1 .22 32.978 26.521 1.93 35 Nov-05 0.68 33.661 28.232 1 .71 36 Dec-05 0.23 33.893 29.651 1 .42 • • cic'urVJATERsol utions waist rights • planning • snglnevring NCCI Pit #1 Date: 10/25/07 Stream Depletion Analysis Completed By: RJK Distance from stream = 3300 ft Transmissivity = 150000 gpd/ft Specific Yield = 0.2 No-flow Boundary = 5000 ft Cumulative Cumulative Volume of Volume of Cumulative Volume Volume Volume of Depletion Stream Time Month Pumped Pumped Depletion This Step Depletions (months) (ac-ft) (ac-ft) (ac-ft) _ (ac-ft) (ac-ft) 37 Jan-06 0.31 34.206 30.773 1 . 12 Year 4 38 Feb-06 0.53 34.733 31.699 0.93 39 Mar-06 1 .30 36.036 32.572 0.87 40 Apr-06 2.00 38.041 33.597 1.02 41 May-06 2.83 40.870 34.925 1 .33 42 Jun-06 3.57 44.436 36.685 1.76 43 Jul-06 3.80 48.237 38.923 2.24 21 .2 44 Aug-06 3.34 51 .582 41 .531 2.61 45 Sep-06 2.09 53.675 44.250 2.72 46 Oct-06 1 .59 55.265 46.785 2.54 47 Nov-06 0.89 56. 153 49.032 2.25 48 Dec-06 0.32 56.470 50.895 1.86 49 Jan-07 0.32 56.790 52.363 1.47 Year 5 50 Feb-07 0.53 57.320 53.547 1. 18 51 Mar-07 1 .31 58.630 54.613 1.07 52 Apr-07 2.01 60.640 55.782 1. 17 53 May-07 2.84 63.480 57.219 1.44 54 Jun-07 3.58 67.060 59.062 1 .84 55 Jul-07 3.82 70.880 61 .365 2.30 22.6 56 Aug-07 3.36 74.240 64.027 2.66 57 Sep-07 2.10 76.340 66.788 2.76 58 Oct-07 1 .60 77.940 69.357 2.57 59 Nov-07 0.89 78.830 71 .631 2.27 60 Dec-07 0.32 79. 150 73.514 1.88 61 Jan-08 1 .09 80.244 75.052 1 .54 Year 6 62 Feb-08 1 .36 81 .607 76.483 1.43 63 Mar-08 2.30 83.907 77.959 1 .48 64 Apr-08 3.21 87. 119 79.702 1 .74 65 May-08 4.24 91 .354 81 .887 2. 19 66 Jun-08 5.21 96.565 84.661 2.77 67 Jul-08 5.52 102.082 88.078 3.42 33.0 68 Aug-08 4.93 107.010 91 .995 3.92 69 Sep-08 3.37 110.378 96.074 4.08 70 Oct-08 2.70 113.075 99.940 3.87 71 Nov-08 1 .78 114.860 103.446 3.51 72 Dec-08 1 .10 115.961 106.469 3.02 • c learWATERsol tt tic»ts wator rights • planning • engineering NCCI Pit #1 Date: 10/25/07 Stream Depletion Analysis Completed By: RJK Distance from stream = 3300 ft Transmissivity = 150000 gpd/ft Specific Yield = 0.2 No-flow Boundary = 5000 ft Cumulative Cumulative Volume of Volume of Cumulative Volume Volume Volume of Depletion Stream Time Month Pumped Pumped Depletion This Step Depletions (months) (ac-ft) (ac-ft) _ (ac-ft) _ (ac-ft) (ac-ft) 73 Jan-09 0.00 115.961 108.923 2.45 Year 7 74 Feb-09 0.00 115.961 110.752 1.83 75 Mar-09 0.00 115.961 112. 106 1 .35 76 Apr-09 0.00 115.961 113. 108 1 .00 77 May-09 0.00 115.961 113.850 0.74 78 Jun-09 0.00 115.961 114.399 0.55 79 Jul-09 0.00 115.961 114.805 0.41 9.2 80 Aug-09 0.00 115.961 115. 105 0.30 81 Sep-09 0.00 115.961 115.328 0.22 82 Oct-09 0.00 115.961 115.493 0. 16 83 Nov-09 0.00 115.961 115.614 0. 12 84 Dec-09 0.00 115.961 115.705 0.09 85 Jan- 10 0.00 115.961 1 15.77 1 0.07 Year 8 86 Feb- 10 0.00 115.961 115.821 0.05 87 Mar-10 0.00 115.961 115.857 0.04 88 Apr- 10 0.00 115.961 115.884 0.03 89 May- 10 0.00 115.961 115.904 0.02 90 Jun- 10 0.00 115.961 115.919 0.01 91 Jul- 10 0.00 115.961 115.930 0.01 0.2 92 Aug- 10 0.00 115.961 115.938 0.01 93 Sep- 10 0.00 115.961 115.944 0.01 94 Oct- 10 0.00 115.961 115.949 0.00 95 Nov- 10 0.00 115.961 115.952 0.00 96 Dec- 10 0.00 115.961 115.954 0.00 97 Jan- 11 0.00 115.961 115.956 0.00 Year 9 98 Feb- 11 0.00 115.961 115.958 0.00 99 Mar- 11 0.00 115.961 115.959 0.00 100 Apr- 11 0.00 115.961 115.959 0.00 101 May- 11 0.00 115.961 115.960 0.00 102 Jun- 11 0.00 115.961 115.960 0.00 103 Jul- 11 0.00 115.961 115.961 0.00 0.0 104 Aug- 11 0.00 115.961 115.961 0.00 105 Sep- 11 0.00 115.961 115.961 0.00 106 Oct- 11 0.00 115.961 115.961 0.00 107 Nov- 11 0.00 115.961 115.961 0.00 108 Dec- 11 0.00 115.961 115.961 0.00 • • tharWATER sa1111 iQtts water rights • planning • engineering NCCI Pit #1 Date: 10/25/07 Stream Depletion Analysis Completed By: RJK Distance from stream = 3300 ft Transmissivity = 150000 gpd/ft Specific Yield = 0.2 No-flow Boundary = 5000 ft Cumulative Cumulative Volume of Volume of Cumulative Volume Volume Volume of Depletion Stream Time Month Pumped Pumped Depletion This Step Depletions (months) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) 109 Jan- 12 0.00 115.961 115.961 0.00 Yccir H) 110 Feb- 12 0.00 115.961 115.961 0.00 111 Mar- 12 0.00 115.961 115.961 0.00 112 Apr- 12 0.00 115.961 115.961 0.00 113 May-12 0.00 115.961 115.961 0.00 114 Jun- 12 0.00 115.961 115.961 0.00 115 Jul- 12 0.00 115.961 115.961 0.00 0.0 116 Aug- 12 0.00 115.961 115.961 0.00 117 Sep- 12 0.00 115.961 115.961 0.00 118 Oct- 12 0.00 115.961 115.961 0.00 119 Nov- 12 0.00 115.961 115.961 0.00 120 Dec- 12 0.00 115.961 115.961 0.00 • • { APPENDIX B NCCI Lupton Meadows Stock Certificate Li 1 ! •-.1 l c ienrWATERsoluticsns water rights • planning • engineering • • 0 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"J. ,�. �`1{�� .j•�•,y .; .•i/.__ 1rr.TL , • ` r/ ..‘.....i.,; �1%r / ,% • • • -I; 1 APPENDIX C LMDC Diversion Analysis clear WATER :: water rights • planning • engineering • • NCCI Pit #1 Lupton Meadows Ditch Diversion Summary - Average Dry-Year Lupton Bottom Ellwood Ditch Total Shares 82.5 !carWATERsalrttrnrts ...,•• ,,grata • Hamra • snplanting Shares owned by Lupton Meadows 43 100% Total Lupton First 48 cfs of Lupton Meadows Ellwood Ditch Lupton Bottom Lupton Meadows Total Year Bottom Daily Lupton Bottom Pro-rata Share Right of Daily Diversion Pro-rata Share Lupton Meadows Diversion Daily Diversion of 48 cfs Portion 10 cfs Above 58 cfs of 58+ cfs Portion Right (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) Apr-54 1140.2 1132.3 590.2 7.9 0.0 0.0 598.1 Apr-63 916. 1 916. 1 477.5 0.0 0.0 0.0 477.5 Apr-77 1544.8 1515.0 789.6 29.7 0.0 0.0 819.4 Apr-94 1344.5 1323.9 690.0 20.6 0.0 0.0 710.6 Average 1 ,236.4 1 ,221.8 636.8 14.6 0.0 0.0 651.4 May-54 2924.9 2924.9 1524.5 0.0 0.0 0.0 1524.5 May-63 2905.1 2903. 1 1513. 1 2.0 0.0 0.0 1515. 1 May-77 3642.8 2930.9 1527.6 422.4 289.5 150.9 2100.9 May-94 3794.9 2845.8 1483.3 475.7 473.4 246.7 2205.7 Average 3,316.9 2,901.2 1 ,512.1 225.0 190.7 99.4 1 ,836.6 Jun-54 2837.7 2837.7 1479.0 0.0 0.0 0.0 1479.0 Jun-63 2540.2 2486.7 1296.1 53.5 0.0 0.0 1349.6 Jun-77 3398.9 2823.8 1471 .8 412.5 162.6 84.8 1969.0 Jun-94 4514.4 2817.2 1468.3 510.4 1186.8 618.6 2597.3 Average 3,322.8 2,741 .3 1 ,428.8 244.1 337.4 175.8 1 ,848.8 Jul-54 3018.1 2942.8 1533.8 31 .7 43.6 22.7 1588.3 Jul-63 2964.6 2926.9 1525.5 37.7 0.0 0.0 1563.2 Jul-77 2800.0 2687.0 1400.5 87.3 25.8 13.4 1501 .2 Jul-94 3503.7 2947.5 1536.3 422.2 134.0 69.8 2028.4 Average 3,071.6 2,876.0 1 ,499.0 144.7 50.9 26.5 1 ,670.3 Aug-54 3004.2 2950.7 1537.9 29.7 23.8 12.4 1580. 1 Aug-63 3305.7 2948.7 1536.9 353.0 4.0 2. 1 1892.0 Aug-77 3075.6 2883.3 1502.8 192.4 0.0 0.0 1695.2 Aug-94 3763.7 2950.7 1537.9 587.4 225.5 117.6 2242.9 Average 3,287.3 2,933.4 1 ,528.9 290.6 63.3 33.0 1 ,852.5 Sep-54 2851 .6 2851 .6 1486.3 0.0 0.0 0.0 1486.3 Sep-63 2552.1 2415.3 1258.9 136.8 0.0 0.0 1395.7 Sep-77 2683.0 2659.2 1386.0 23.8 0.0 0.0 1409.8 Sep-94 2468.3 2404.7 1253.4 63.6 0.0 0.0 1316.9 Average 2,638.7 2,582.7 1 ,346.1 56.0 0.0 0.0 1 ,402.2 Oct-54 2572.0 2572.0 1340.5 0.0 0.0 0.0 1340.5 Oct-63 1816.4 1816.4 946.7 0.0 0.0 0.0 946.7 Oct-77 1703.4 1703.4 887.8 0.0 0.0 0.0 887.8 Oct-94 612.8 612.8 319.4 0.0 0.0 0.0 319.4 Average 1 ,676.1 1 ,676.1 873.6 0.0 _ 0.0 0.0 873.6 • S APPENDIX D LMDC Return Flow Stream Depletion Model Un G ti.6 cicarWATMolut:ons water rights • planning • engineering • • ---- clearWATERsoltitions NCCI Pit #1 water rights • pl��nninp • annineerinp Date: 10/25/07 LMDC Return Flow Analysis Completed By: RJK Distance from stream = 3000 ft Transmissivity = 150000 gpd/ft Specific Yield = 0.2 No-flow Boundary = 5000 ft Cumulative Cumulative Volume of Volume of Cumulative Volume Volume Volume of Depletion Stream Time Month Pumped Pumped Depletion This Step Depletions (months) 1 (ac-ft) (ac-fl) (ac-ft) (ac-ft) (ac-ft) 1 Jan-03 0.00 0.000 0.000 0.0 Year I 2 Feb-03 0.00 0.000 0.000 0.0 3 Mar-03 0.00 0.000 0.000 0.0 4 Apr-03 0.16 0. 155 0.014 0.0 5 May-03 0.44 0.592 0.093 0. 1 6 Jun-03 0.44 1.032 0.268 0.2 7 Jul-03 0.40 1 .430 0.509 0.2 1 .9 8 Aug-03 0.44 1 .871 0.794 0.3 9 Sep-03 0.33 2.204 1 . 110 0.3 10 Oct-03 0.21 2.412 1 .418 0.3 I I Nov-03 0.00 2.412 1.679 0.3 12 Dec-03 0.00 2.412 1 .870 0.2 13 Jan-04 0.00 2.412 2.011 0. 1 Year ? 14 Feb-04 0.00 2.412 2. 115 0. 1 15 Mar-04 0.00 2.412 2. 193 0. 1 16 Apr-04 0.16 2.567 2.264 0. 1 17 May-04 0.44 3.004 2.385 0. 1 18 Jun-04 0.44 3.444 2.592 0.2 19 Jul-04 0.40 3.842 2.856 0.3 2.4 20 Aug-04 0.44 4.283 3. 158 0.3 21 Sep-04 0.33 4.617 3.487 0.3 22 Oct-04 0.21 4.824 3.804 0.3 23 Nov-04 0.00 4.824 4.072 0.3 24 Dec-04 0.00 4.824 4.268 0.2 25 Jan-05 0.00 4.824 4.413 0. 1 Year 26 Feb-05 0.00 4.824 4.520 0. 1 27 Mar-05 0.00 4.824 4.599 0. 1 28 Apr-05 0.16 4.979 4.672 0. 1 29 May-05 0.44 5.417 4.794 0. 1 30 Jun-05 0.44 5.857 5.001 0.2 31 Jul-05 0.40 6.254 5.266 0.3 2.4 32 Aug-05 0.44 6.695 5.569 0.3 33 Sep-05 0.33 7.029 5.898 0.3 34 Oct-05 0.21 7.237 6.215 0.3 35 Nov-05 0.00 7.237 6.484 0.3 36 Dec-05 0.00 7.237 6.680 0.2 • al cic'( I-WATERsolutlols NCCI Pit #1 water rights • planning • engineering Date: 10/25/07 LMDC Return Flow Analysis Completed By: RJK Distance from stream = 3000 ft Transmissivity = 150000 gpd/ft Specific Yield = 0.2 No-flow Boundary = 5000 ft 1 Cumulative Cumulative Volume of Volume of Cumulative Volume Volume Volume of Depletion Stream Time Month Pumped Pumped Depletion This Step Depletions (months) _ (ac-ft) (ac-ft) (ac-ftl (ac-ft) (ac-ft) 37 Jan-06 0.00 7.237 6.825 0. 1 Year I 38 Feb-06 0.00 7.237 6.932 0. 1 39 Mar-06 0.00 7.237 7.011 0. 1 40 Apr-06 0.16 7.392 7.084 0. 1 41 May-06 0.44 7.829 7.206 0. 1 42 Jun-06 0.44 8.269 7.414 0.2 43 Jul-06 0.40 8.666 7.678 0.3 2.4 44 Aug-06 0.44 9. 107 7.981 0.3 45 Sep-06 0.33 9.441 8.310 0.3 46 Oct-06 0.21 9.649 8.628 0.3 47 Nov-06 0.00 9.649 8.896 0.3 48 Dcc-06 0.00 9.649 9.092 0.2 49 Jan-07 0.00 9.649 9.237 0. 1 Year 5 50 Feb-07 0.00 9.649 9.344 0. 1 51 Mar-07 0.00 9.649 9.423 0. 1 52 Apr-07 0.16 9.804 9.496 0. 1 53 May-07 0.44 10.241 9.618 0. 1 54 Jun-07 0.44 10.681 9.826 0.2 55 Jul-07 0.40 11 .079 10.090 0.3 2.4 56 Aug-07 0.44 11 .519 10.393 0.3 57 Sep-07 0.33 11 .853 10.722 0.3 58 Oct-07 0.21 12.061 11 .040 0.3 59 Nov-07 0.00 12.061 11.308 0.3 60 Dec-07 0.00 12.061 11 .504 0.2 61 Jan-08 0.00 12.061 11 .649 0. 1 Year 6 62 Feb-08 0.00 12.061 11 .756 0. 1 63 Mar-08 0.00 12.06 1 11 .835 0. 1 64 Apr-08 0.16 12.216 11 .908 0. 1 65 May-08 0.44 12.653 12.031 0.1 66 Jun-08 0.44 13.093 12.238 0.2 67 Jul-08 0.40 13.491 12.503 0.3 2.4 68 Aug-08 0.44 13.932 12.805 0.3 69 Sep-08 0.33 14.265 13. 134 0.3 70 Oct-08 0.21 14.473 13.452 0.3 71 Nov-08 0.00 14.473 13.720 0.3 72 Dec-08 0.00 14.473 13.916 _ 0.2 • • e/eti r1A/ATERsol ut iorls NCCI Pit #1 wafter rights • planning • anolnaaring Date: 10/25/07 1. MDC Return Flow Analysis Completed By: RJK Distance from stream = 3000 ft Transmissivity = 150000 gpd/ft Specific Yield = 0.2 No-flow Boundary = 5000 ft Cumulative Cumulative Volume of Volume of Cumulative Volume Volume Volume of Depletion Stream Time Month Pumped Pumped Depletion This Step Depletions (months) (ac-ft) (ac-ft ) (ac-ft) (ac-ft) (ac-ft) 73 Jan-09 0.00 14.473 14.061 0. 1 Year 7 74 Feb-09 0.00 14.473 14. 168 0. 1 75 Mar-09 0.00 14.473 14.248 0. 1 76 Apr-09 0.16 14.628 14.321 0.1 77 May-09 0.44 15.065 14.443 0. 1 78 Jun-09 0.44 15.505 14.650 0.2 79 Jul-09 0.40 15.903 14.915 0.3 2.4 80 Aug-09 0.44 16.344 15.218 0.3 81 Sep-09 0.33 16.678 15.547 0.3 82 Oct-09 0.21 16.886 15.864 0.3 83 Nov-09 0.00 16.886 16. 133 0.3 84 Dec-09 0.00 16.886 16.329 0.2 85 Jan- 10 0.00 16.886 16.473 0. 1 Year 8 86 Feb- 10 0.00 16.886 16.581 0. 1 87 Mar- 10 0.00 16.886 16.660 0. 1 88 Apr- 10 0.16 17.041 16.733 0. 1 89 May- 10 0.44 17.478 16.855 0. 1 90 Jun- 10 0.44 17.918 17.063 0.2 91 Jul- 10 0.40 18.315 17.327 0.3 2.4 92 Aug- 10 0.44 18.756 17.630 0.3 93 Sep-10 0.33 19.090 17.959 0.3 94 Oct-10 0.21 19.298 18.276 0.3 95 Nov- 10 0.00 19.298 18.545 0.3 96 Dec- 10 0.00 19.298 18.741 0.2 I 97 Jan- 11 0.00 19.298 18.886 0. 1 Year 9 98 Feb- 11 0.00 19.298 18.993 0. 1 99 Mar- 11 0.00 19.298 19.072 0. 1 100 Apr- 11 0.16 19.453 19. 145 0. 1 101 May- 11 0.44 19.890 19.267 0. 1 102 Jun- 11 0.44 20.330 19.475 0.2 103 Jul- 11 0.40 20.727 19.739 0.3 2.4 104 Aug- 11 0.44 21 . 168 20.042 0.3 105 Sep- 11 0.33 21 .502 20.371 0.3 106 Oct- 11 0.21 21 .710 20.689 0.3 107 Nov- 11 0.00 21 .710 20.957 0.3 108 Dec- 11 0.00 21 .710 21. 153 0.2 • S clefrWATERsolutions NCCI Pit #1 water rights • planning • engineering Date: 10/25/07 LMDC Return Flow Analysis Completed By: RJK Distance from stream = 3000 ft Transmissivity = 150000 gpd/tt Specific Yield = 0.2 No-flow Boundary = 5000 ft Cumulative Cumulative Volume of Volume of Cumulative Volume Volume Volume of Depletion Stream Timc Month Pumped Pumped Depletion This Step Depletions (months ) (ac-ft) (ac-ft) (ac-ft) _ (ac-ft) (ac-ft) 109 Jan- 12 0.00 21 .710 21 .298 0. 1 Year 10 110 Feb- 12 0.00 21 .710 21 .405 al 111 Mar- 12 0.00 21 .710 21 .484 0. 1 112 Apr- 12 0.16 21.865 21 .557 0. 1 1 1 3 May-12 0.44 22.302 21 .680 a1 114 Jun- 12 0.44 22.742 21 .887 0.2 115 Jul- 12 0.40 23. 140 22. 151 0.3 2.4 116 Aug- 12 0.44 23.581 22.454 0.3 117 Sep-12 0.33 23.914 22.783 0.3 118 Oct- 12 0.21 24. 122 23. 101 0.3 119 Nov- 12 0.00 24. 122 23.369 a3 120 Dec- 12 0.00 24. 122 23.565 0.2 • • APPENDIX E `"1 2008 Draft Lease Agreement with City of Fort Lupton • 04 WATER so !utrons Writer rights • planning • engineering AGREEMENT TO LEASE WATER This Agreement to Lease Water is made and entered into as of the last date written below, by and between City of Fort Lupton, 130 S. McKinley, Fort Lupton, Colorado 80621 ("Lessor") and Northern Colorado Constructors, Inc. ("Lessee"). RECITALS A. WHEREAS, Lessor owns reusable effluent following the first use of Windy Gap Project water by Lessor("Lease Water"); B. WHEREAS, Excess Lease Water is defined as any Lease Water that is not being used by Lessor; C. WHEREAS, Lessor's available Lease Water may exceed Lessor's annual wants and needs; D. WHEREAS, Lessee desires to lease 29.85 acre-feet per year of Lease Water for use by Lessee; F. WHEREAS, Lessor and Lessee desire to implement this Lease Agreement in accordance with the terms and conditions set forth below. NOW THEREFORE, in consideration of the above and the promises and mutual covenants and agreements set forth herein, Lessor and Lessee agree as follows: LEASE 1. Subject to availability (it is necessary for Windy Gap water to deliver or for some other exchange arrangement to be made in order for this lease water to be available) and the terms and conditions contained herein, Lessor agrees to lease to Lessee 29.85 acre- feet of Lease Water on an annual basis for the term of the Lease. 2. Lease Term. The term for this Lease is from January 1, 2008 through December 31, 2008. 3. Lease Payment. The lease payment shall be $300 per acre-foot for winter water (November through March) for a total of$3,603 and $400 per acre foot for summer water (April through October) for a total of$7,136. The$10,739 payment shall be due December 15, 2007. Late payment shall carry interest at the rate of 12% per annum, and collections costs shall include attorney fees. 4. Release of Lease Water. Releases of Lease Water shall be made under the schedule attached hereto. � • Agreement to Lease Water Page 2 of 3 5. Leasehold Interest Only/No Warranty of Quality. Nothing herein shall give Lessee any ownership interest in any of the water rights, structures, pipelines, or appurtenances owned by Lessor. The Lease Water provided hereunder is provided on a leasehold basis only pursuant to the terms of this Lease and the Lessee has no right to use, or receive Lease Water released from, any facilities of the Lessor except pursuant to this Lease. The Lease Water to be released pursuant to this Lease is provided on an"as is" basis and without any warranty of quality or suitability for a particular purpose. 6. All notices or other written communications required or permitted to be given by this Lease shall be sent by hand delivery, or certified or registered mail, postage prepaid and return receipt requested, to the parties as follows: If to Lessor: City of Fort Lupton City Administrator 130 S. McKinley St. Fort Lupton, CO 80621 With a copy to: T. William Wallace City Attorney 1275 S. Main St. Brighton, CO 80601 If to Lessee: Chris Zadel, Treasurer Northern Colorado Constructors, Inc. 9075 Weld County Road 10 Fort Lupton, CO 80621 (303) 857-1754 If any party changes its address, notice shall be given pursuant to this provision. All notices shall be deemed delivered upon receipt. 7. If a court of law should determine that a portion of this Lease is contrary to the law, the remainder of the Lease shall remain in full force and effect so long as the primary purpose(s) of this Lease remain effectuated thereby. 8. BINDING EFFECT: All provisions of this Lease shall apply to, bind and inure to the benefit of the parties hereto, their successors and assigns. The laws of the State of Colorado shall control all questions of validity, construction and administration of this Lease. This Lease shall not be assigned by either party without the written consent of the other party. Agreement to Lease Water Page 3 of 3 9. ENTIRE AGREEMENT. This Lease constitutes the entire Agreement between the parties with respect to this transaction. There are no oral promises, conditions, representations, understandings, interpretations or terms of any kind as conditions or inducements to the execution hereof or in effect between the parties. No oral agreement may modify this Lease. This Lease may not be amended or modified except by a document in writing signed by both parties with the same formality as this Lease. 10. COUNTERPARTS. A copy of this document may be executed by each party separately and when each party has executed a copy thereof, such copies taken together shall be deemed a full and complete Lease between the parties. 11. The parties hereto acknowledge that this Lease has been negotiated and prepared in an arms-length transaction and that neither party shall be deemed to have drafted this Lease, and this Lease shall not be interpreted against either party as the draftsman. 12. Each signatory acknowledges and represents that he/she has the authority to enter into this Lease and to bind the party for which he/she signs. WHEREFORE, Lessor and Lessee have executed this Lease this of , 2007. CITY OF FORT LUPTON, COLORADO, A COLORADO MUNICIPAL CORPORATION, ACTING BY AND THROUGH ITS UTILITY ENTERPRISE BOARD By: Title: NORTHERN COLORADO CONSTRUCTORS,INC. By: Title: 0 • Release Schedule NCCI Pit#1 2008 Fort Lupton Month Effluent (ac-ft) Jan-08 1.72 Feb-08 1.57 Mar-08 1.59 Apr-08 1.45 May-08 1.22 Jun-08 1.91 Jul-08 2.73 Aug-08 3.17 Sep-08 3.63 Oct-08 3.73 Nov-08 3.85 Dec-08 3.28 Total 29.85 • S - ® L� as. NORTHERN COLORADO CONSTRUCTORS, INC. 9075 WCR 10 Ft. Lupton, Co. 80621 (main) 303-857-1754 (fax) 303-857-2933 May 22, 2007 Eric Wilkinson, General Manager Northern Colorado Water Conservancy District 220 Water Avenue Berthoud, CO 80513 Dear Eric, John and I would like to thank you for meeting with us Tuesday May 15, 2007. We appreciate the opportunity of sharing Northern Colorado Constructors, Inc. plans for their gravel mining operation and discussing what impact this may have on the South Platte Supply Canal (Sandhill Canal) that is on the south edge of the mining operation. As per our discussion, I am enclosing several documents for your review: 1.) Overall mining plan map 2.) Ground water and wells study for NCC Pit No. 1 3.) Monitoring recordings since Jan. 31, 2007 4.) Slope stability analyses (JACesare &Associates) 5.) Recent photographs of standing water in the canal (2) 6.) Drawing elevation of canal, recharge ditch and mining operation 7.) Slope Stability report (J&T Consulting) 8.) Soils Report from Terracon We are currently mining in phase 5 at the pit. We will finish this phase in approximately 3 months. At that time, we would be ready to start the installation of the clay liner along that part of the south pit boundry. Phase 11, which is directly east of phase 5, is not scheduled to be mined for approximately 3 years. The Ground Water and Wells report and accompanying cone of depression calculations dated 12%1 212006 done by .I &T Consulting, Inc indicate that installing a T e 1 a gc bt l' and i)!n r`e y1111 nn,, t .eater to the ditch s?gmfcantI rcIuce. The Gone _eE rc: s) ,r , ,snn,n v. ...e. ? f6. uiOrntorm" as No & Nr• li ab,ng the . • .it` .. e Et',;I`C n , <i,k "(.:c.rnd U.l AaleL !attic aepitl 1.CCK'l t cC enclosed monitoring report) Since roe monitoring wells have been installed, the water table has not changed significantly. In the next few days, we expect to begin flowing i r 1000 gpm into the recharge ditch. It is our expectation that the water table will come up from where it currently is and maintain the level during our mining of the gravel to within the 70 feet offset from the top of North Ditch Bank. Also enclosed you will find a drawing of the elevation at the bottom of the Sandhill canal and the elevation at the bottom of the recharge ditch. The drawing also shows the current elevations of the water table in monitoring well No. 4 and the distance from the top of the north bank of the canal to the center of the recharge ditch and the distance to the edge of our mining limits. There are two recent photographs enclosed. The first one taken May 11, 2007 and the second one taken May 21, 2007. They were from the same place and indicate that the water level currently in the ditch has changed very little in the past 10 days. We would ask that you consider the information presented and propose that NCC furnish you with our well monitoring reports from No. 3 and No. 4 monitoring wells. If the ground water remains at or higher than presently exists, it would suggest that no water is seeping from the Sandhill Canal. After the mining is complete in phase 5, NCC will install the clay liner for the permanent remedy. When mining begins in Phase 11, NCC would follow the same procedure and with the installation of the clay liner across the south end ofphase 11, the entire south end of the gravel pit would be sealed. If there are any questions, please call me at (303) 857-1857. We look forward to hearing from you on this matter. S. rely, o g raff Senior Executive • • • ,. • .. 1 ;•� , I -.4 - . • I L --- _ s • a a a � s �3 • g, nom. q •• • . -S . 1bc; T L.-- • J1t a fll t i'\l ��l l t\ �I� 'I - \\t • lifl' C I w r , ..-. -,--t.� - ..• .. L .: 2 •d 9844-LS8-EDE T7t 4Td UMW et4 = TT to ST R al May 15 07 11 : 41a MCA Pit #1 303-85488 p• 3 NCCI Pit#1 WELL MONITORING `Date 'Measurement Difference from Previous Months !Notes: rate. c J lin inches to? f'.a° P:,%. b ioc._Uc- r c t4..Itci.) vvt__.-litAW#1 .34‘" i r5)--" NL-3 _ ` • #3 4c" IC,�' � J 1/T4 - I/J.5/c) #4 3v'' #5 3 L" 11v #S #7 #8 • nor oZ' P:T'-- b si.,,_ ≥tfllc7 a MW #1 i 5S i54'''e' +9` #2 k' ! ry '' +2 #3 ,to.. I L._3 „ r3 #4 3y„ I $I'. - #5 3C fcl`t ' #6 #7 #8 ':u Jr v:Y-Jc .roe.. ^.i1j 67 MW #1 "5" icLi " #2 '6 ' 13Y,. I ' #3 40" G“ " -h I „ 14 34" i 1LI " 4-71 #51c" I`-1S" fit " #6 ' #7 #8 May 15 07 11 : 42a MCA Pi�#1 303-85.486 p. 4 WELL MONITORING NCCI Pit#1 Date Measurement Difference from Previous Months Notes: ,}/zuro7 in inches top p. MW#1 Via" 183,. _t " #2 3v" 1,SC, ' #3 Ke" i 4,t " -3•• . #4 34" tg4 ' #5 y.." iqu " --I '. #6 #7 #8 2/2-7/o] MW #1 _7S" Pr" a " - .v,.6er 117. of Strew #2 ;9" ' t - S. #3 y; 152" _ • #4 iI" Ito•' -9•• #5 :. NI " #6 #7 #8 3/(e/0) MW #1 ass" #2 325" 13 2 " 1-1 " #3 mo.' /Sc. " r.y'. #4 34•' 1550 ' #5 sc'• 1q$r " #6 #7 #8 May 15 07 11 : 42a NCR PliUt1 303-85'..486 p. 5 WELL MONITORING NCCI Pit#1 Date Measurement Difference from Previous Months Notes: 3/13/c7 in inches 'MW#1 3g " 177 " -t ' #2 .3s'' 134 " +2 " #3 ,-{a" i <:t " i-3" #4 3y" IS'I " '"1 #5 3c. ' moo, rz_ '. #6 #7 ' #8 31 gui/o, MW #1 ,3s', 17(." - ) " ' #2 3Y" BS " }1 " .. #4 34" npo , . _ 1 ' ' #5 3! ' • X17,. ._- 46 #7 #8 X1/4/O) MW #1 3 1 7.5-'• _ y • #2 34" )33 " -2' - #3 '-to" 15`1 " — 1 '• #4 3v" i gt . } $ .. #5 3u" le-t9 " - I ' ' #6 #7 #8 May 15 07 11 : 43a NCR PiP#1 303-85486 p . 6 WELL MONITORING MCC' Pit#1 Date • Measurement Difference from Previous Months Notes: 1 l /to/n 7 fin inches + ' NYC MW#1 ass " i i`t" -I • #2 3s' I ' -3 ' #3 '4&' iJCi y -I1 , #4 -4y•' jc7lCO" 4 lO #5 ic." +gyfi� -� #6 #7 - #8 • 1 , 1lie-7 MW #1 3Y" 174 " — " !3S" � j" ,. #2 38 #3 4=" 1C.'A #4 I4 „ { rt.% 1-) • #5 34" C" #6 #7 #8 4/'x4'/.07 MW #1 3c' 173" - 1 't #2 2S" 19.S" — Ic'' #3 `to ' 1 Si " _ jam,. #4 34" f 13" #5 3G" I ., #6 #7 #8 Nay 15 07 11 : 43a NCR Pi111t1 303-85.486 p. 7 WELL MONITORING NCCI Pit#1 ate Measurement 'Difference from Previous Months Notes: t 5/1/07 I. inches MW#1 " 172 ` ^ 1 •. 1 '' #2 3:y�� 13 - .2„ #3 4o" 155 ' t #4 3y., 17 ',.. _45 #5 96'' it" - t #6 #7 _ #8 MW #1 fl ft.; #2 M" 110" #3 4n„ Iii .. -1-C „ #4 ?4" ivq " + 13 „ #5 3c.,. 1 1-1-" #6 #7 #8 • MW #1 #2 #3 #4 #5 #8 #7 #8 • I ..4 fu 1-s U ro r:�, ) NNV OS I \ i a4 t "_�z t- 43 p v`, ° „Ut Cr) 14 H.. 7i. 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