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Home My WebLink About20091402.tiffDEPARTMENT OF PLANNING SERVICES 918 Tenth St Greeley CO 80631 Phone (970) 353-6100 x3540 Fax (970) 304-6498 USE BY SPECIAL REVIEW (MINING OPERATION) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT # /AMOUNT # /$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: To be completed by APPLICANT is accordance with procedural guide requirements: 1. I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed Gravel (gravel, coal, borrow pit, etc.) mining operation for the following described unincorporated area of Weld County: Legal Description See Attached Section _, Township North, Range _West Flood Plain: See Sheet 3 Zone District: Agg Total Acreage: 496 total Geological Hazard: Airport Overlay District: 2. Surface owner(s) of area of land described Name: Name: See attached Address: Address: 3. Owner(s) of mineral rights or substance to be mined Name: See Attached Name: Address: Address: 4. Applicant's name: Aggregate Industries, WCR Inc. Address: 1707 Cole Blvd. Golden, CO 80401 , Overlay District: Flood Phone: Phone: Phone: Phone. Email Address Connie.davis@aggregate.com Phone: (970)336-6526 5. Identify any prior permits for mining held by applicant or affiliated person: AM USR -897 I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be ded with the application. If a corporation is the fee owner, notarized evidence must be included indicating that the ory -s the g -u o ty o sign for the co poration. Signature: Owner or 10ialio?) ized Agent D to 15 Signature: Owner or Authorized Agent Date I EXHIBIT 2009-1402 • EXHIBIT A Legal Description LEGAL DESCRIPTION CELL A: PARCEL 1: WELD COUNTY PARCEL NUMBER: 080529300009 THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 29, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO LYING SOUTH OF THE RAILROAD BEING DESCRIBED AS THAT STRIP OF LAND CONVEYED IN DEED RECORDED SEPTEMBER 5, 1881 IN BOOK 31 AT PAGE 324. ALSO EXCEPTING THAT PARCEL OF LAND CONVEYED IN DEED RECORDED AUGUST 2,1972 AT RECEPTION NO. 1594788. PARCEL 2: WELD COUNTY PARCEL NUMBER: 080529000048 THAT PORTION OF LOT A OF RECORDED EXEMPTION NO. 0805 -29 -3 -RE -247, RECORDED MARCH 3, 1977 IN BOOK 791 UNDER RECEPTION NO. 1712693, BEING A PART OF THE E1/2, SW1/4, SECTION 29, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, LYING SOUTH OF THE RAILROAD RIGHT-OF-WAY DEEDED TO THE GREELEY SALT LAKE AND PACIFIC RAIL ROAD COMPANY BY DEED RECORDED AUGUST 1, 1881 IN BOOK 31 AT PAGE 289. LEGAL DESCRIPTION CELL B: WELD COUNTY PARCEL NUMBER: 080532000051 ALL THAT PART OF THE N 1/2 AND THE N 1/2 OF THE S 1/2 OF SECTION 32, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, LYING NORTH OF THE CACHE LA POUDRE RIVER AND WEST OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 32 AND CONSIDERING THE NORTH LINE OF SAID SECTION 32 TO BEAR NORTH 90° 00' 00" WEST AND WITH ALL OTHER BEARINGS DESCRIBED HEREIN BEING RELATIVE THERETO; THENCE NORTH 90° 00' 00" WEST ALONG THE NORTH LINE OF SAID SECTION 32, A DISTANCE OF 1,918.10 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00° 45' 07" EAST, 1,140.00 FEET, MORE OR LESS TO THE EXISTING CENTER OF THE CACHE LA POUDRE RIVER AND THE TERMINUS OF THE LINE; EXCEPT THAT PARCEL OF LAND AS CONVEYED TO ROXENA VON TROTHA BY WARRANTY DEED DATED NOVEMBER 18, 1965 AND RECORDED NOVEMBER 24, 1965, IN BOOK 554 AS RECEPTION NO. 1476288, WELD COUNTY RECORDS, EXCEPT THAT PARCEL OF LAND AS CONVEYED TO D AND E INVESTMENT COMPANY BY QUIT CLAIM DEED DATED NOVEMBER 27, 1974 AND RECORDED NOVEMBER 29, 1974 IN BOOK 727 AS RECEPTION NO. 1649367, WELD COUNTY RECORDS. Riverview Resource Amendment to Permit M1999098 112c Pant Al of A't • • EXCEPT THAT PARCEL OF LAND CONVEYED TO WELD COUNTY, COLORADO, A BODY CORPORATE AND POLITIC IN WARRANTY DEED RECORDED JUNE 12, 1980 IN BOOK 905 AS RECEPTION NO. 1827326, DESCRIBED AS FOLLOWS: A TRACT OF LAND IN THE W 1/2 OF SECTION 32, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SECTION 32 AND RUNNING ALONG THE WEST LINE OF SECTION 32 SOUTH 00° 00' 19" WEST, 2,249.00 FEET MORE OR LESS TO THE CENTER OF THE CACHE LA POUDRE RIVER; THENCE SOUTH 71° 00' 00" EAST ALONG THE CENTER OF THE CACHE LA POUDRE RIVER 31.73 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 27 TO THE POINT OF BEGINNING; THENCE SOUTH 71° EAST ALONG THE CENTER OF THE CACHE LA POUDRE RIVER 8.85 FEET TO A POINT; THENCE NORTH 00° 45' 56" WEST, 622.93 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 27; THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 27, SOUTH 00° 00' 19" WEST, 619.99 FEET TO THE TRUE POINT OF BEGINNING. LEGAL DESCRIPTION CELL C: PARCEL 1: WELD COUNTY PARCEL NUMBER: 080533000003 BEING A PORTION OF THE E 1/2 OF THE NE 1/4 OF SECTION 32, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., LYING NORTH OF THE CENTERLINE OF THE CACHE LA POUDRE RIVER AND ALSO THAT PORTION OF THE SW 1/4 OF THE NW 1/4 OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., LYING NORTH OF THE CACHE LA POUDRE RIVER, COUNTY OF WELD, STATE OF COLORADO, ALSO KNOWN AS LOT B OF RECORDED EXEMPTION NO. 0805 -32 -1 - RE 1539, RECORDED OCTOBER 28, 1993 IN BOOK 1408 AS RECEPTION NO. 2357087. TOGETHER WITH A PARCEL OF LAND SITUATE IN THE NW 1/4 OF THE SW 1/4 OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SW 1/4 OF THE NW 1/4 OF SECTION 33 AS BEARING NORTH 89° 52' 39" WEST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; BEGINNING AT THE SOUTHEAST CORNER OF THE SW 1/4 OF THE NW 1/4 OF SAID SECTION 33; THENCE ALONG THE SOUTH LINE OF SAID SW 1/4 NORTH 89° 52' 39" WEST 32.23 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN BOOK 1246 AS RECEPTION NO. 2194429, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE NORTH 89° 52' 39" WEST 162.19 FEET, MORE OR LESS, TO A POINT ON THE APPROXIMATE CENTERLINE OF THE CACHE LA POUDRE RIVER; THENCE ALONG SAID CENTERLINE OF THE CACHE LA POUDRE RIVER SOUTH 40° 31' 38" EAST 244.70 FEET TO THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN BOOK 1246 AS RECEPTION NO. 2194429; THENCE ALONG THE WESTERLY BOUNDARY OF SAID BOOK 1246 AS RECEPTION NO. 2194429 NORTH 00° 58' 55" EAST 185.68 FEET TO A POINT ON THE SOUTH LINE OF THE SW 1/4 OF THE NW 1/4 OF SECTION 33 AND THE TRUE POINT OF BEGINNING. Riverview Resource Amendment to Permit M1999098 112c Pang, A9 (lf Al • • EXCEPTING THEREFROM A PARCEL OF LAND CONVEYED TO WELD COUNTY, COLORADO BY DEED RECORDED OCTOBER 12, 1989 IN BOOK 1246 AS RECEPTION NO. 2194429. PARCEL 2: WELD COUNTY PARCEL NUMBER: 080533000001 LOTS A AND B OF RECORDED EXEMPTION NO. 0805 -33 -2 -RE 978 RECORDED MAY 4, 1987 UNDER RECEPTION NO. 2098341, BEING THE NW1/4, NW1/4 OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. PARCEL 3: WELD COUNTY PARCEL NUMBER: 080532000058 LOT A OF RECORDED EXEMPTION NO. 0805-32-1-RE1539, ACCORDING TO THE MAP RECORDED OCTOBER 28, 1993 IN BOOK 1408 AT RECEPTION NO. 2357087 BEING A PART OF THE FOLLOWING DESCRIBED PARCEL: ALL THAT PART OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 32, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. LYING EAST OF THE FOLLOWING DESCRIBED LINE AND NORTH OF THE CENTER LINE OF THE CACHE LA POUDRE RIVER: COMMENCING AT THE NORTHEAST CORNER SAID SECTION 32 CONSIDERING THE NORTH LINE OF SAID SECTION 32 TO BEAR NORTH 90 DEGREES 00 MINUTES WEST AND WITH ALL OTHER BEARINGS DESCRIBED HEREIN BEING RELATIVE THERETO; THENCE NORTH 90°00' WEST ALONG THE NORTH LINE OF SAID SECTION 32, A DISTANCE OF 985.50 FEET TO THE TRUE POINT OF BEGINNING;THENCE SOUTH 00°07'40" WEST 463.40 FEET; THENCE SOUTH 00°04'20" WEST, 1,162.00 FEET TO THE EXISTING CENTER OF THE CACHE LA POUDRE RIVER AND THE TERMINUS OF THE LINE. PARCEL 4: WELD COUNTY PARCEL NUMBER: 080532100072 THAT PARCEL OF LAND SITUATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32 TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE -SIXTEENTH CORNER OF SAID SECTION 32, WHENCE THE EAST ONE -QUARTER CORNER OF SAID SECTION 32 BEARS NORTH 88°27'12" EAST, A DISTANCE OF 1335.15 FEET, SAID LINE FORMING THE BASIS OF BEARINGS FOR THIS DESCRIPTION; THENCE ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32 NORTH 00°26'17" WEST, A DISTANCE OF 647.70 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF A PARCEL OF LAND DESCRIBED BY A LAND SURVEY PLAT RECORDED AS RECEPTION NO. 2422123, BOOK 1475, PAGE 32, JANUARY 9, 1995 ACCORDING THE WELD COUNTY RECORDS AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00°26'17" WEST 179.40 FEET; THENCE NORTH 09°35'28" EAST, A DISTANCE OF 281.14 FEET; THENCE NORTH 74°25'18" EAST, A DISTANCE OF 115.85 FEET; THENCE SOUTH 64°08'33" EAST, A DISTANCE OF 257.72 FEET; THENCE SOUTH 64° 08'33" EAST, A DISTANCE OF 108.40 FEET; THENCE SOUTH 52°14'29" WEST, A DISTANCE OF 583.82 FEET TO A POINT ON SAID EASTERLY LINE OF RECEPTION NO. 2422123; THENCE ALONG SAID EASTERLY LINE NORTH 40°17'12" WEST, A DISTANCE OF 38.61 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 3.060 ACRES MORE OR LESS. Riverview Resource Amendment to Permit M1999098 112c Pang. 81 nt G'3 • • • CONSENT IN LIEU OF SPECIAL MEETING OF DIRECTORS OF AGGREGATE INDUSTRIES-WCR, INC. The undersigned, being all of the Directors of Aggregate Industries-WCR, Inc., a Colorado corporation ("Corporation"), unanimously approve the resolution set forth below by consent in lieu of a special meeting of the Directors of the Corporation: WHEREAS, the Corporation owns or leases real properties and may in the future own or lease additional real properties ("Properties") in the Counties of Adams, Arapahoe, Boulder, Douglas, Grand, Jefferson, Larimer and Weld Counties, State of Colorado; WHEREAS, from time to time the Corporation files applications and enters into agreements related to land use, zoning, permitting and development on the Properties; WHEREAS, an officer of the Corporation is required to sign such documents on behalf of the Corporation; WHEREAS, The Board of Directors has determined that it is in the best interests of the Corporation that Michael C. Refer, Vice President, be designated to sign such documents on behalf of the Corporation; NOW, THEREFORE, IT IS HEREBY RESOLVED that Michael C. Refer is designated and authorized to execute and deliver on behalf of the Corporation any and all applications and agreements related to land use, zoning, permitting and development on the Properties as may be required by the Counties of Adams, Arapahoe, Boulder, Douglas, Grand, Jefferson, Larimer and Weld Counties State of Colorado. DATE: January 3, 2007 Patrick R. Ward, Director Wendy a Director Niel • oulsen, Director Kevin Anderson, Director Page i of 1 • • • EXHIBIT 0 Owners of Record Following are the owners of record associated with this permit application. • Aggregate Industries-WCR, Inc. (formerly known as Camas Colorado, Inc.) • Richard W. and Mary Ann Goetzel • Richard, Mary Ann and Elise M. Goetzel • Ed Orr • David L. Bagley and Michaeleen M. Bagley Riverview Resource Amendment to Permit M1999098 112c Page 01 of 01 AM USR - 897 - Riverview Resource Use by Special Review for Gravel Mining Questionnaire 1. A detailed description of the method of the mining operation is contained in Exhibits C, D, E and F of the attached Division of Reclamation, Mining and Safety (DRMS) application, and as follows: a. No change in operating and processing equipment is proposed as part of this amendment. The types and numbers of equipment and facilities currently in use at the site can be found in Exhibit D of the attached Division of Reclamation, Mining and Safety (DRMS) Permit Application. A proposed conveyor crossing of County Road 64 will consist of a 12' wide, 10' tall box under the road. As set forth in the existing permit, a conveyor will also cross the Cache La Poudre River. The conveyor bridges across the river will be steel; the footings will be anchored in concrete. Details for the conveyor crossings and construction documents addressing issues associated with traffic control, timing of placement, and design criteria will be provided with the local building permits required for such structures prior to construction. Upon completion of mining operations, the conveyors will be removed and all areas affected by the conveyors will be restored to their original condition. b. No change in employment or working hours is proposed as part of this amendment. The maximum number of employees will be 35. Riverview Resource operates one or two shifts, Monday through Saturday. c. The operation will continue to be a dry mine. d. No change in traffic patterns or local road use is proposed as part of this amendment. All traffic exiting the processing area will continue to use the existing main access point on 83`d Avenue which is also known as WCR 27, and proceed north or south, with the primary haul route being from 83rd Avenue south to State Highway 34. There will be limited access to the amendment areas north of"O" Street, also known as WCR 64, for equipment and employees. This access point, which will have a tracking pad installed, may also be used intermittently for short-term hauling of overburden to portions of the mining area on the south side of the street and used for reclamation or sold as market conditions warrant. Aggregate Industries will work with the County Public Works Department to determine the appropriate traffic control plan prior to using this access to haul material. As set forth in the Riverview Resource AM USR-897 for Sand and Gravel Page 1 of 7 10.30.08 existing approved permit, temporary access locations will also be located along 71St Avenue, also known as WCR 29, for initial mining set-up as well as for access by equipment and employees performing extraction activities. Aggregate Industries entered into and is in compliance with an agreement, dated March 15, 1999, with Weld County for maintenance and improvements of the local roads used for this operation, which agreement runs continuously until Aggregate Industries ceases its operations at this site. A copy of the agreement is included with this amendment application, following the Weld County Road Access Information Sheet. e. The amended special use permit boundary will add 156 acres to the permit boundary. The total area will include approximately 470 acres, of which 273 acres will be mined. There will be three additional mining phases. The remaining, un-mined acres will be used for overburden and topsoil stockpiles, offsets from existing structures, property lines and waterways, and internal road and conveyor access. f. Mining is progressing in Cell 3, as shown on Exhibit C of the attached DRMS application, and is expected to be completed early 2009. Mining will then move north to Phase 1 of Cell 4 and is expected to take approximately 4 years, continuing then into Phase 2, Cell 4 and taking approximately 6 years. It is expected that mining will then progress in Cell 2, for approximately 3 years. Mining of the Cell 5 processing area is expected to occur when all other areas have been mined and will take approximately 1 year. Reclamation, including re- grading and seeding, will be completed within five years following the completion of mining or filling operations for each cell. Mining times are estimates and may vary with market conditions. g. The average depth of sand and gravel over the northern site is 28.7 feet and average depth of sand and gravel over the southern site is 12.7 feet. Overburden exists to an average depth of approximately 10.4 feet over the northern amendment area and to an average depth of 7.2 feet over the southern site. h. Proposed use of the reclaimed land is for unlined or lined ponds, upland, wetlands bank, and riparian habitat. A full explanation of the reclamation process is described in Exhibit E of the attached DRMS Permit Application. Riverview Resource AM USR-897 for Sand and Gravel Page 2 of 7 10.30.08 Technical support for this application is provided by TetraTech, Applegate Group, and Aggregate lndustries-WCR, Inc. 2. This Use by Special Review application for a mining operation is consistent with the Weld County Comprehensive Plan. The Comprehensive plan allows for and encourages the extraction of sand and gravel deposits. CM. Goal 2 states that the County should promote the reasonable and orderly development of mineral resources. This application and accompanying materials clearly demonstrates compliance with this goal. Mining and agriculture continue to be the predominant land uses to the east, north and west of the existing and proposed permit boundary. Open space, trail and residential development lie to the south of the Cache La Poudre River. Current and proposed setbacks, noise controls, dust controls, general site conditions and the ongoing commitment under the existing Road Maintenance and Improvements Agreement with Weld County comply with the goals and policies of the Comprehensive Plan. Additionally, the combination of proposed post mining uses is compatible with surrounding land uses. Mining and reclamation activities are being managed to allow for continued operation of existing and development of future oil and gas resources. New drilling activities will be encouraged to utilize existing, disturbed areas to the maximum extent possible. All activities at the mining site are and will continue to be in compliance with the regulations of the Mine Safety and Health Act (MSHA) and the Occupational Safety and Health Act (OSHA), State and County regulations and policies. This also minimizes or eliminates potential adverse impacts of the operation on surrounding properties. Please refer to Exhibit M of the attached DRMS application for a list of permits under which the mining activities operate. Reclamation activities are and will continue to be concurrent with the mining operation. The proposed amendment areas are used for farming and livestock grazing and do not contain significant wildlife habitat. There is significant habitat for many wildlife species along the river corridor within the existing permit boundary, and current and future reclamation adjacent to the riparian corridor is enhancing this habitat. The reclamation plan has been designed to maximize riparian habitats by returning the mined areas to native upland habitats, native riparian habitats, and created wetlands. Restoring these areas from upland cultivated fields to wetlands and native wetland and riparian species will allow restoration of important floodplain functions. This plan is in harmony with the goals of the 1998 Greeley Open Space System Plan associated with wetlands, riparian areas and floodplains. Additional information Riverview Resource AM USR-897 for Sand and Gravel Page 3 of 7 10.30.08 regarding reclamation and wildlife can be found in Exhibit E and Exhibit H respectively of the attached DRMS application. 3. The existing and proposed amendment areas are located in the A (Agricultural) Zone District, within which open pit mining and materials processing, asphalt and concrete batching activities are listed as a use allowed by special review under Section 23-4-40 A. of the Weld County Zoning Ordinance. 4. The incorporation of the amendment locations into AmUSR-897 is predicated upon current mining within the permitted boundary and additional borehole drilling and testing in the proposed amendment areas which have verified that these amendment locations contain a significant commercial deposit of sand and gravel. The mine site is located on two alluvial deposits of the Valley Fill alluvium north of the Cache LaPoudre River. Geologic mapping by Hershey and Schneider (1972) indicates the southern deposit is made up of floodplain deposits closer to the river and that the northern deposit is a higher terrace. The proposed post -mining uses of the property, including a combination of water ponds, wetland and upland pastures will restore this area to uses consistent with County agricultural goals and policies. 5. All activities at the mining site are and will continue to be in compliance with applicable federal, state and local regulations and policies which provide for protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. These protections are further enhanced through Aggregate Industries' Environmental Management System, which is comprised of various corporate and site procedures specific to the management of potential impacts of operations at Riverview Resource. These protections along with the Conditions of Approval and Development Standards as established by the County through the permitting process, will assure that the health, safety and welfare of Weld County citizens will continue to be protected. 6. Surrounding land uses are primarily agricultural in nature. An existing sand and gravel operation exists to the west. A minor subdivision is located to the north. The City of Greeley is located to the southeast and the Cache La Poudre River lies along the south. Compatibility with surrounding land uses will be assured by setbacks, noise limitations, landscaping measures and Conditions of Approval and Development Standards as established by the County. Future development of the area is described as open space. Sand and gravel mining, lined and unlined ponds, wetland banking and an enhanced riparian corridor will be consistent with the Weld County Riverview Resource AM U5R-897 for Sand and Gravel Page 4 of 7 10.30.08 Comprehensive Plan. 7. Existing land use within the amended area includes irrigated crop production, grazing, rural residences and existing oil and gas production. 8. Describe, in detail, the following: a. The Riverview Resource mining operation will continue to operate consistent with the existing permits. The amendment will add additional resource to feed the existing processing facilities but is not expected to increase the number of people using the site. People using the site are generally limited to on -site employees; haul truck and mixer truck drivers. As noted in 1.b. above, the maximum number of employees is expected to be 35. b. Riverview Resource will continue to operate Monday through Saturday, during daylight hours, which hours may be extended in case of public or private emergency or to make necessary repairs. Consistent with current operations, hours may also be temporarily extended to accommodate specific, public works projects. Notices regarding variances for public works projects are filed with the Weld County Planning Department. c. There are no animals associated with the mining activities. However; portions of the site may be leased as pasture to help maintain the site until future phases are mined. d. The amendment will provide additional resource to feed existing processing facilities but is not expected to change the types and frequency of vehicles accessing the site. e. Fire Protection is provided by the Windsor Fire Protection District. f. The existing office on the site has a water tap and septic system. Water for drinking and sanitary purposes at the site is supplied by Sharks Tooth Pipeline. Bottled water is also provided. Water rights associated with the property are utilized for processing and dust control. Please see Exhibit G of the attached DRMS application for additional water information. g. The site is served by an existing Individual Sewage Disposal System under Weld County Permit Number SP -0100206. In addition, there are temporary portable sanitation facilities on the site. h. Processed sand and gravel and supplies for the asphalt and concrete batch plants are stored on the site. All existing storage Riverview Resource AM USR-897 for Sand and Gravel Page 5 of 7 10.30.08 facilities meet applicable health and safety standards. Fuels and lubricants stored and/or used on site in association with operations at Riverview Resource are managed in accordance with applicable State and Federal regulations, including a Spill Prevention, Control and Countermeasures Plan (SPCC) developed and certified by a registered professional engineer. The SPCC plan includes procedures for the safe transfer and containment of petroleum products stored on site as well as emergency response procedures in the event of a spill of such products. Fuel, oil and chemicals retained on site are additionally managed in accordance with Aggregate Industries' Environmental Management System (EMS) comprised of various corporate and site procedures specific to the management of these products. No change is proposed for storage and/or stockpiling of wastes on the site. Topsoil and overburden are placed in temporary stockpiles/berms within the permit area. Locations of these stockpiles for the amendment areas are shown on the Extraction Plan submitted with this application. Wastes generated on site are stored within the Cell 5 processing area and are removed in accordance with waste handling procedures as set forth in 8.n. below. Perimeter berms, material stockpiles and below grade operations screen the mining activities from the travelling public and adjacent properties. Berms will be removed as concurrent reclamation proceeds with the mining activities. Please see Landscape Plan enclosed with the application materials. Mining within the amendment areas will proceed once all necessary permits are obtained and mining in Cell 3 of the current mine area is complete. Landscaping will be installed in phases as reclamation is completed in each phase. Please see the response to 1.f. above regarding the expected time table for mining and reclamation. Please see Exhibit E of the DRMS application for a complete explanation of reclamation on this site. m. All surface water within the mine areas drain internally. There will not be any uncontrolled releases of surface water and sediment from mining areas. Stormwater collected in the mine is managed in accordance with the Colorado Discharge Permit System (CDPS) discharge permit for this operation, a copy of which is included with this application. In compliance with the CDPS permit, a Stormwater Management Plan (SWMP) has been developed and implemented and is updated as necessary to meet the requirements of the CDPS permit. Sediment generated from localized stormwater runoff and Riverview Resource AM USR-897 for Sand and Gravel Page 6 of 7 10.30.08 • • surface drainage is managed in accordance with the SWMP. n. The mining operation does not generate hazardous materials or waste. Other wastes generated from the Riverview Resource site are managed in accordance with Aggregate Industries' Environmental Management System (EMS) comprised of various corporate and site procedures. Performance Equipment performs maintenance on most equipment and removes all used oil as part of their service. Safety Kleen and Raptor provide service for removal of other limited amounts of solvent and waste oil generated on site. The local waste disposal company currently used by the Riverview Resource operation for removal of all other wastes is Waste Management Disposal Service, State Hwy. 14 & WCR 25, Ault, CO; Phone: (970) 686- 2800. Aggregate Industries currently contracts with Waste Management Conservation Services for disposal of empty containers and diesel contaminated soil from all of its facilities at their NWELD, DADS and CSI landfills. o. Aggregate, ready -mix concrete, asphalt and recycled products from this facility are supplied to local, county, and state governments for building and maintenance of roads, highways and infrastructure as well as for private and commercial development. P. The site is not located in a geologic hazard area or airport overlay district. The amendment properties in the north site lie outside the 100 year floodplain. A portion of the east site amendment property along the south boundary and adjacent to the existing permit boundary of Cell 2, lies within the 100 year floodplain. There are no structures proposed in the amendment properties within the 100 year floodplain. Flood Hazard Development Permit FHDP-359 was issued by Weld County on February 28, 2000 based upon information contained in a Flood Hazard Development Permit Application prepared by Tuttle Applegate, Inc. for the currently permitted property. The existing flood hazard development permit will assure that the mining activities adhere to all FEMA rules and regulations as described in Section 26 of the Weld County Zoning Ordinance. Riverview Resource AM U5R-897 for Sand and Gravel Page 7 of 7 10.30.08 er October 30, 2008 Mr. Kim Ogle Weld County Department of Planning Services 918 10`h Street Greeley, CO 80631 RE: AM USR-897 for Sand and Gravel, Riverview Resource Dear Kim: Aggregate Industries WCR Inc. (AI) is applying for an amendment to Use by Special Review AM USR- 897 for Gravel Mining, Concrete and Asphalt Batch Plant. The amendment will add an additional 156 acres into the existing permit boundary. The material will be conveyed from the new areas to the existing processing site. The processing site and batch plants will continue to operate in the historic manner. Our response to the Weld County 7 -Day review comments is attached. Based on that response, we are submitting complete application materials and fees as outlined in Special Review (Mining Operation) Submittal Checklist. This letter will supply the narrative segment of the application requirements. The application follows the procedural guide for the application submittal requirements. The completed application form and fee are attached. Full size and reduced copies of the plans are attached. The USR questionnaire is attached. A road Access Information Sheet is attached. This site is currently operating, and is served by an existing water tap from the Shark's Tooth Pipeline Company. Water for the ongoing operation of the Miming operation is addressed in Exhibit G of the DRMS application. There is an existing ISDS serving this site. In addition, there are temporary portable sanitation facilities on the site. The original and copies of the Certificated of Conveyance are attached. RESOURCE CONSERVATION PARTNERS, LLC p . box 1522, Iongmont,colorado 80502. te1 303.532.2262. f ax 702.0585303 Mr. Kim Ogle October 30, 2008 Page 2 of 3 Following are the owners of record associated with this permit application. Aggregate Industries-WCR, Inc. (formerly known as Camas Colorado, Inc.) • Richard W. and Mary Ann Goetzel • Richard, Mary Ann and Elise M. Goetrel • Ed Orr • David L. Bagley and Michaeleen M. Bagley Copies of the deeds and legal rights to enter are included in Exhibit's N and 0 of the attached Colorado Division of Reclamation, Mining and Safety (DRMS) application. A noise report is not included, but will be provided if deemed necessary by the Weld County Planning Department. Activity on the site will continue in the historic manner and has shown to be compatible with adjacent land uses. Soils information is included as Exhibit I of the DRMS application. A list of the names, addresses and the corresponding parcel identification numbers assigned by the Weld County Assessors Office for surrounding property owners is attached. The list complies with the thirty -day requirement. A list of the names and addresses of mineral owners and lessees of minerals on or under the parcel of land being considered in the amendment is attached. We will get an updated report, once staff has reviewed our complete submittal and set a date for the public hearing. A complete copy of the application to amend the existing DRMS 112 Permit is enclosed for review. The DRMS application is also under review at the State. We will keep you informed of our progress. We are continuing to work with the mineral rights owners and lessees regarding shared use of the surface on the site. Aggregate Industries has existing agreements with Ed Orr and Noble Energy for portions of the property. Copies of the existing agreements and relevant correspondence are attached. Several field drains and irrigation pipeline traverse the portion of the site included in the amended area. AI is meeting with the effected ditch companies and landowners to determine the best options for continued operation of the ditches and diversions of the existing field drains. Existing and relocated pipelines are shown on the existing conditions map and mining plan. Other information determined necessary by the Board of County Commissioners or the Department of Planning Services will be provided upon request. Mr. Kim Ogle October 30, 2008 Page 3 of 3 We will continue to work with Weld County Transportation regarding the 0 Street alignment and ask that you begin to process the application at this time. There is a note on the plans that references the preferred and alternative alignments. AI requests that you take the lead to review and process this application. Your familiarity with the existing permit and the site will result in an efficient use of staff and resources. It may also be beneficial to conduct a site visit of the existing operation and proposed permit areas. AI has been working diligently to create wetlands, control invasive species and add diversity to the riparian corridor along this portion of the Poudre River. We look forward to working with you on this interesting project. We have included the required number of collated, unbound copies, a CD with an electronic copy of the application and one three-ring binder containing a complete copy of all of the application materials. Please call if you need additional information to complete your initial review. Sincerely, RESOURCE CONSERVATION PARTNERS, LLC Barbara Brunk, Landscape Architect Manager Cc: Connie Davis Mike Refer Gary Linden erfrg October 30, 2008 Mr. Kim Ogle & Mr. Chris Gathman Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 RE: AmUSR-897 — Riverview Resource Amendment Application Dear Kim and Chris: We have completed our review of Weld County's, July 15, 2008, 7 -Day Completeness Review comments on the pre -submittal documents for AM USR-897. The responses below follow the order of your letter. Environmental Health On September 10, 2008, Aggregate Industries WCR, Inc. (Aggregate Industries) submitted a response to Weld County Department of Health -Environmental Health Division comments, a copy of which is enclosed. Aggregate Industries submitted the information to Lauren Light via e-mail and discussed it with her by telephone. Ms. Light requested verification of water service at the site. A letter from Shark's Tooth Pipe Line Company dated September 7, 2008 is enclosed. Ms. Light advised that Environmental Health Services has no issues with the submittal of this project (copy of September 10, 2008 e-mail enclosed). Planning The following information shall be provided/addressed per the Department of Planning Services: 1]. An updated Certificate of Conveyances form shall be submitted (The Certificate of Conveyances form needs to be completed within 30 -days of the application submission date). Please see attached. 2]. Oil and gas agreement(s). Aggregate Industries entered into a Surface Use Agreement with Noble Energy, Inc. dated November 20, 2007. The agreement provides a drilling location to Noble within Cell A Parcel 2. The site is shown on the Existing Conditions, Extraction Plan and Landscape maps. Aggregate Industries also provided information to Noble regarding additional matters (copy of September 26, 2008 letter to Noble is enclosed). Aggregate Industries and Noble have met and will be working towards an agreement for this parcel. Aggregate Industries and Orr Energy LLC have entered into a Surface Use Agreement dated February 18, 2008, relative to Cell C of the amendment areas. Noble and Orr are recording memorandums of the Surface Use Agreements in Weld County. A copy of the Memorandum of Understanding is attached. RESOURCE CONSERVATION PARTNERS, LLC p.o.box 1522,1ongmont,colorado 80502.tel 303.532.2262. fax 702.0585303 Mr. Kim Ogle October 30, 2008 Page 2 of 2 • 3]. • • Ditch/Irrigation agreement(s). Aggregate Industries has coordinated with Greeley Irrigation Company regarding the Storms Lake Drainage ditch as it runs through the currently permitted property and has met with and provided copies of proposed mining and reclamation plans for the amendment properties to representatives of Greeley Irrigation Company. These matters are summarized in the enclosed copy of Aggregate Industries' August 22, 2008 letter to Greeley Irrigation Company. If any agreements are necessary to the conduct of Aggregate's activities on the amendment property relative to Storms Lake in the Cell A Parcel 1 amendment area, such agreement will be obtained prior to public hearing. Aggregate Industries has retained Tetra Tech to assess the feasibility of relocating the Whitney Irrigation lateral in Cell A, Parcels 1 and 2 of the amendment properties. Any relocation of the lateral will be in accordance with an agreement to be obtained by Aggregate Industries' with the beneficiaries of the lateral No disturbances will be made upon any ditch until agreement is in hand. 4]. Include parcel #s with the legal descriptions since multiple parcels are involved with this permit. Maps have been updated. 5]. Road Access Information Sheet (was not able to locate in the pre -submittal). Please see attached. Public Works On September 25, 2008, Aggregate Industries responded to Weld County Public Works comments. A copy of the information is attached. By Memorandum from Clay Kimmi dated October 7, 2008, Public Works advised that the application package submitted during the 7 -day Completeness Review and Aggregate Industries responses to their comments appear to be sufficient for submittal. They indicated that the review process can begin. A copy of their Memorandum is enclosed. Sincerely, RESOURCE CONSERVATION PARTNERS, LLC 4_I ✓qtr. Barbara Brunk, Landscape Architect Manager Cc: Connie Davis Mike Refer Gary Linden CF Page 1 of 1 • • Tara Garcia • • • From: Lauren Light [flight@co.weld.co.us] Sent: Wednesday, September 10, 2008 4:33 PM To: Kim Ogle Cc: Davis, Connie Subject: RE: AmUSR-897 - Riverview Resource Based on receiving these documents, Environmental Health Services has no issues with the submittal of this project. 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: Davis, Connie [mailto:Connie.Davis@aggregate-us.com] Sent: Wednesday, September 10, 2008 2:30 PM To: Lauren Light Subject: AmUSR-897 - Riverview Resource Hello Lauren — I left you a voice mail earlier today about trying to arrange a time to meet regarding Weld County Department of Public Health and Environment comments relative to Aggregate Industries' pre -submittal of an amendment application to AmUSR-897. An attempt was previously made to arrange a conference call between you, Barb Brunk of Resource Conservation Partners and me to discuss these comments, however there was some miscommunication regarding time and since then other time conflicts have apparently precluded rescheduling. Since I work out of Aggregate's Greeley office, I thought perhaps it might be beneficial to meet. To facilitate this meeting, the attached provides written responses that I would propose for your consideration. Each response is preceded by the comment as provided to Aggregate by Weld County. I would appreciate the opportunity to meet with you personally to go over these responses and provide you with an overview of Aggregate's existing operations and proposed amendment in general. I would also appreciate the opportunity to make your acquaintance as I believe that we have never met. If your schedule allows, it would be great if we could meet sometime yet this week —either tomorrow afternoon (Thursday, September 11) or any time Friday. I know that's probably short notice for your busy schedule, so if you can't fit a time in then, could you please suggest some alternatives for next week? Thanks! Connie X Davis, Land Resources Aggregate Industries - WCR, Inc. Phone: (970) 336-6526; Fax (970) 378-6856 P. 0. Box 337231, Greeley, CO 80633 10/30/2008 • • • Aggregate Industries - Use by Special Review Amendment Application AmUSR897 — Riverview Resource Response to Environmental Health Comments (Pre -Submittal Review) September 10, 2008 The following information shall be provldedladdressed per the Weld County Department of Health — Environmental Health Division: 1]. Dust Control Plan Attached is a copy of a dust control plan that is on file with the Weld County Planning and Health Departments for existing operations. There are no changes to the type of operations at this site and dust control will continue per the existing plan. 2]. Amended Air Pollution Emission Notice (If required by the State of Colorado). Aggregate industries will incorporate the expansion properties into current APEN prior to excavation activity on the amendment properties as required by State Department of Public Heath and Environment, Air Pollution Control Division. 3]. Waste Handling Plan As noted in response number 8.n. of the USR Gravel Mining Questionnaire, the mining operation does not generate hazardous materials or waste. Other wastes generated from the Riverview Resource site are managed in accordance with Aggregate Industries' Environmental Management System (EMS) comprised of various corporate and site procedures. In general. Performance Equipment performs maintenance on most equipment and removes all used oil as part of their service. Safety Kleen and Raptor provide service for removal of other limited amounts of solvent and used oil generated on site. The local waste disposal company currently used by the Riverview Resource operation for removal of all other wastes is Waste Management Disposal Service, State Hwy. 14 & WCR 25, Ault, CO; Phone: (970) 88&2800. Aggregate Industries currently contracts with Waste Management Conservation Services for disposal of empty containers and diesel contaminated soil from all of its facilities at their NWELD, DADS and CSI landfills. 4]. Noise Report According to the Weld County Application materials, a noise report is an optional requirement. Aggregate Industries would therefore respectfully request that the Health Department remove this requirement from the application process on the premise that Aggregate Industries' Riverview Resource site is an existing operation which has proven to be compatible with surrounding property uses, including other sand and gravel mining operations and agriculture, and the amendment does not propose any new activities or facilities for this site. During the five years that Aggregate Industries has operated under USR-897, there have been no complaints received regarding noise generation from Aggregate Industries' activities. All processing, load out and hauling of material from the site will continue from facilities within the existing USR, and all operations will continue to be conducted in a manner that minimizes noise generation. Mobile equipment on the site use white noise back-up alarms. Activation of traditional back-up alarms on trucks is minimized by the traffic pattern on the site, which generally requires movement of trucks in a forward circular pattem into the site, to load -out areas, the scale and site exit. In addition, berms, • • Aggregate Industries - Use by Special Review Amendment Application; AmUSR897 — Riverview Resource Response to Environmental Health Comments (Pre -Submittal Review) September 10, 2008 Page Two S]. 1]• 8]. stockpiles, below grade activity or combinations of these buffering environments that are integral to operations alleviate or minimize noise from the site. The existing septic system is permitted for a residence. An engineering evaluation of the ISDS (Individual Sewage Disposal System) is required if the septic system is going to be used for office use. There are no changes proposed with regard to the existing system. Evidence of tank permits shall be provided If any fuel tanks are existing or are to be located on site. There are no underground storage tanks existing or proposed to be located on this site, and aboveground storage tanks are exempt from permit requirements in accordance with Colorado Revised Statutes. According to Colorado Revised Statute definition, 'aboveground storage tank' does not include tanks used to store flammable and combustible liquids at mining facilities and construction and earthmoving projects, including gravel pits, quarries, and borrow pits where, in the opinion of the director of the division of oil and public safety, tight control by the owner or contractor and isolation from other structures make it unnecessary to meet the requirements of this article [C.R.S. §8- 20.5-101 (2) (b) (IX)]. The controls exercised at the Riverview Resource site are in accordance with Aggregate Industries' Environmental Management System (EMS), comprised of various corporate and site procedures. Numerous procedures address fuel, oil and chemical management including tanks. if any vehicle maintenance is to be done onsite. An underground injection well permit from the EPA (Environmental Protection Agency) may be required. If required, evidence of such shall be provided with the application. There are no existing or proposed maintenance facilities for this site. Evidence of existing water service (water tap from the Shark's Tooth Pipeline Company) shall be provided. Sharks Tooth is preparing a letter verifying provision of water service and we will forward to you when received. In addition to the responses to Weld County Environmental comments, it should be noted that all aspects of Riverview Resource operations that have a potential to affect the environment are managed through Aggregate Industries' Environmental Management System (EMS) comprised of various corporate and site procedures, such as those referenced in items 3 and 6 above. Successful implementation of this system has resulted in this site obtaining ISO 14001 certification, which is obtained through a third party audit of the EMS. This is a proactive approach taken by Aggregate Industries, whose U.S. operations were the first in the nation to obtain such status in the construction materials industry. • WELD COUNTY - USE BY SPECIAL REVIEW Permit - AmUSR-897 Dust Abatement Plan 1. Adequate soil moisture will be maintained in topsoil and overburden to control emissions during removal. Watering shall be implemented if necnsary. 2. Topsoil and overburden stockpiles shall be compacted and revegetated within one year. 3. Emissions from material handling (i.e. removal, loading, and hauling) shall be controlled by watering at all times unless natural moisture is sufficient to control emissions. • 4. Vehicle speed on unpaved roads and disturbed areas shall not exceed a maximum of 20 m.p.h. Speed limit signs shall be posted. 5. Vehicle speed on unpaved roads and disturbed areas shall not exceed a maximum of 20 m.p.h. Speed limits signs shall be posted. 6. Unpaved haul roads shall be adequately watered to control fugitive particulate emissions. 7. Reclamation works and sequential extraction of material shall be initiated to keep the total disturbed areas at any one time to a minimum. 8. Material stockpiles shall be adequately watered to control fugitive particulate emissions. Aggregate materials shall be sprayed with water during material loading into storage bins or stockpiles. 9. Plant entryway, truck service roads, and concrete belching areas shall be graveled. Watering shall be implemented if emission guidelines are not met. CERTIFIED MAIL RETURN RECEIPT NO. 7007 0220 0000 6640 9872 September 26, 2008 Mr. Chuck Snure Land Supervisor, Wattenberg Noble Energy, Inc. 1625 Broadway, Suite 2200 Denver, CO 80202 Re: Goetzel I 29-14, E/2 SW/4, Sec. 29, T6N, R66W, 6th P.M., Weld County, CO Surface Use Agreement and Letter Agreement; and, Riverview Resource Sand and Gravel Mine Permit Amendments: Weld County Use by Special Review Permit Application AmUSR-897 Division of Reclamation, Mining & Safety 112(c) Permit Application M-1999-098 for properties located in: E/2 SW/4, Sec. 29, T6N, R66W, 6th P.M., and W/2 SW/4, Sec. 29, TON, R66W, 6th P.M., Weld County, CO Dear Chuck: Thank you for responding to my voice mail today. I look forward to hearing from you next week and making arrangements to meet and finalize the Surface Use Agreement and Letter Agreement for the Goetzel I 29-14 with Noble's signature and to discuss with you Aggregate Industries' (AI) permit amendment applications for incorporation of this property and an adjacent property into AI's existing mine operations. As indicated in the Goetzel agreements, AI contracted with Goetzels to purchase the surface estate of E/2 SW/4, Sec. 29, TON, with the intent of extracting the commercial mineral deposits (sand and gravel). I believe we have also discussed that AI has a contractual interest in the property adjacent to Goetzels, located in the W/2 SW/4, Sec. 29, the surface rights of which are currently owned by Ed Orr (Orr Property) and to which Noble is the current owner of the oil and gas leasehold estate. As AI proceeds with filing its State and County permit amendment applications, Aggregate Industries West Central Region, Inc. 1707 Cole Blvd., Suite 100 Golden, CO 80401 Telephone: 303-985-1070 An Equal Opportunity Employer Mr. Chuck Sauce, Land Supervisor, Wattenberg, Noble Energy; Inc. September 26, 2008, Page Two referenced above, we need to develop an agreement that addresses Noble and Al's interests in the On Property. There is an existing well (Tollgate Farms 29-12G6) and associated gas lines and tank facilities on the Orr Property. With regard to these existing facilities, AI would like to discuss relocation of a flow line or lines between the well head and tank battery. For your reference, enclosed is a copy of a vicinity map which identifies Al's existing and proposed permit amendment areas, and copies of Al's initial submittal extraction (mining) and landscape (reclamation) plans, dated 6/26/08. Noble's recently drilled well on the Goetzel Property and the existing facilities on the Orr Property are identified on these drawings. We believe that meeting to review these plans together will help facilitate a better understanding of Al's proposed operations as we progress towards an agreement. Again, I look forward to hearing from you next week. Very truly yours, • Connie N. Davis Land Resources Enclosures • • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to; Mr. Chuck Snure Land Supervisor, Wattenberg Noble Energy, Inc. 1625 Broadway, Suite 2200 Denver, CO 80202 A. Signature X I� I _ 3.1Gervice Type l�l Certified Mail ❑ Agent El Addressee C. Date of Delivery • 9 2008 D. Is delivery address different from item 1? O Yes If YES, enter delivery address below; O No - ❑ Registered O Insured Mail ❑ Express Mail O Return Receipt for Merchandise O C.O.D. 4. Restricted Delivery? (Extra Fee) O Yes 2. Article Number (Transfer from service Isbe9 PS Form 3811, February 2004 • Return Receipt Fee (Endorsement Required) • Total Postage & Fees Mr. Chuck Snure Land Supervisor, Wattenberg street, npr. No; Noble Energy, Inc. W. PO Box No. 1625 Broadway, Suite 2200 CV. State, 21P+, Deriver CO 80202. 7007 0220 0000 66140 9872 Domestic Return Receipt 102595-02-M-1540 U.S. Postal serviceTM CERTIFIED MAIL,;.; RECEIPT (Domestic Mail Only; No Insurance Coverage Provided). Postage Certified Fee Restricted Delivery Fee (Endorsement Required) Sent To PS Form 3800, August ZOOS See Reverse for Instructions_ • • • MEMORANDUM OF AGREEMENT This Memorandum of Agreement is made and entered into this 21 day of Co -Dryer , 2008, by and between Orr Energy LLC ("Orr"), whose address is 1813 61st Avenue, Suite 200, Greeley, CO 80634, and Aggregate Industries-WCR, Inc. (Aggregate), whose address is 1707 Cole Boulevard, Suite 100, Golden, CO 80401 to memorialize a Surface Use Agreement executed February 18, 2008 between Orr and Aggregate (the "Agreement"). The following are the essential terms of the Agreement. Aggregate is the owner of the surface estate of Lot B of Recorded Exemption No. 0805- 322-1-RE1539, Weld County, Colorado, and has a contractual interest in the surface estate of land located in the NW/4 NW/4, Section 33, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado ("Lands"). Orr is the owner of the mineral leasehold estate of said Lands. The Agreement provides for the coexistence and joint development of the surface estate by Aggregate and the oil and gas estate by Orr on the Lands, including size and location of oil and gas facilities and operations and surface damage compensation connected with drilling, construction, completion, recompletion, reworking, reentry, production, maintenance and operations of wells and associated pipelines, tank batteries and other facilities or property of Or associated with the wells. In the event Aggregate does not consummate the purchase of the NW/4 NW/4 Section 33, Township 6 North Range 66 West as stated above, the Agreement with respect to said NW/4 NW/4 Section 33, Township 6 North Range 66 West shall be null and void. This Memorandum of Agreement is executed by Orr and Aggregate and placed of record in Weld County, Colorado for the purpose of placing all persons on notice of the existence of the Surface Use Agreement A true and complete copy of the Agreement is available to any person with an interest in the above -described Lands from the parties to the Agreement at the addresses set forth above. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Agreement effective the date and year first written above. ORR ENERGY LLC B AGGREGATE INDUSTRIES-WCR, INC. Michael C. Referl✓v ice Pc�sident Admin. Page 1 of 2 ? • • • Memorandum of Agreement Orr/Aggregate Industries-WCR, Inc. ACKNOWLEDGEMENT STATE OF COLORADO ) ss_ County of Weld day of �G{ C7l�PY , 2008, by Ed Orr. Witness my hand and official teal. The foregoing instrument was acknowledged before me this (SEAL) My Commission expires: (c - 30- it STATE OF COLORADO ) ) ss. County of Weld Notary'Pu� Th oregoing instrument was acknowledged before me this 2 day of , 2008, by Michael C. Refer, Vice President of Aggregate Industries-WCR, Inc.. Witness my hand and official seal (SEAL) My Commission expires: a) - 6 - O 9 Page 2 of 2 Notary Public • August 22, 2008 Star L. Waring, Esq. Waring & Fiflis, LLC 1942 Broadway, Suite 314 Boulder, CO 80302 Re: Greeley Irrigation Company/Storms Lake Ditch DI; ST0.113,iS Dear Star: Thank you for your assistance in coordinating the meeting that Aggregate Industries and Greeley Irrigation Company representatives had last Friday, August 15. It was very beneficial to be able to meet on site to discuss GIC's concerns. Enclosed for your files is a copy of a letter summarizing the meeting, which is being sent to Donna Coble, Greeley Irrigation Company, together with the enclosures referenced therein. I would also note that Jerry Towle just picked up copies of the letter and enclosures, and I provided him with full size copies of Aggregate Industries' proposed mining and reclamation plans for amending its County and State permits. Very truly yours, Zaxu 27 4; Connie N. Davis Land Resources Enclosures Aggregate Industries West Central Region, Inc. 1707 Cole Blvd., Suite 100 Golden, CO 80401 Connie N. Davis, Land Resources P. O. Box 337231, Greeley, CO 80633 Phone: (970) 336-6526; Fax: (970) 378-6856 Telephone: 303-985-1070 An Equal Opportunity Employer August 22, 2008 Ms. Donna L. Coble, Secretary Greeley Irrigation Company P. O. Box 445 Greeley, CO 80632 Re: Greeley Irrigation Company/Storms Lake Ditch Dear Ms. Coble: On August 15, 2008 Aggregate Industries' plant manager, Mike McAfee, and I met with representatives of the Greeley Irrigation Company (GIC), including Doug Carter, Roger Schmidt and Jerry Towle. We met at Aggregate Industries' (AI) sand and gravel mining operation known as Riverview Resource, located at 83`1 Avenue and "O" Street, regarding GIC Board concerns relative to the Storms Lake ditch culvert under the haul road on AI's mine site and also discussed AI's proposed mining activity in relation to the ditch north of "O" Street. Following is a summary of our discussions: Supply ditch culvert under the haul road on AI's existing mine site (south of "0" Street) Per letter from GIC attorney Star Waring, dated July 7, 2008, the GIC Board requested that AI immediately replace the existing 24 -inch culvert pipe with a 36 -inch pipe due to concerns that the 24 -inch pipe is inadequate to prevent potential flood damage to upstream properties. AI previously agreed with GIC representatives that, at the end of operations on site, AI would either remove the haul road and 24" pipe, restoring the ditch to its historical carrying capacity through that section; or, if someone wanted the road to remain in place, we would increase the pipe size. During our August 15 meeting, we looked at the existing conditions and AI pointed out that increasing the pipe size at this time is not necessary because the pipe associated with the relocated alignment is 36" and will remain in place until we complete operations from this site. This additional 36 -inch pipe facilitates passing water in excess of the carrying capacity of the 24 -inch culvert and historical ditch through the realigned ditch during a storm event, which provides for protection of both Al's facilities as well as up -stream properties. The site is monitored by AI plant personnel and the gate to the realignment is opened as necessary to accommodate any excess flows during a storm event. The adequacy of this system was evident during a storm on August 6, 2008 when more than 3 -inches of rain fell in the area over a short period of time. Furthermore, the historical alignment of the ditch was cleaned out following that storm event, on August 9, 2008, and the flow through that alignment has been greatly improved. The GIC representatives stated that they would share this information with the GIC Board. While the existing system carries more storm water than the ditch was historically capable of carrying, AI would consider upsizing the pipe if GIC and Storms Lake still believe this is necessary, however we did discuss that it would be better to do so during a less busy time of year because the road is Aggregate Industries West Central Region, Inc. 1707 Cole Blvd., Suite 100 Golden, CO 80401 Connie N. Davis, Land Resources P. O. Box 337231, Greeley, CO 80633 Phone: (970) 336-6526; Fax: (970) 378-6856 Telephone: 303-985-1070 An Equal Opportunity Employer • • Ms. Donna L. Coble, Secretary, Greeley Irrigation Company August 22, 2008 Page Two in the main haul route around the plant and this work would also be better accommodated during the winter when flows through the ditch are down. Al's proposed mining activity in relation to the ditch north of "O" Street AI would like to develop an agreement with GIC/Storms Lake regarding proposed mining activities north of "O" Street. A stability analysis performed by TetraTech indicates an acceptable factor of safety mining set -back of 75 -feet from the ditch; however the proposed set- back is extended further out to approximately 120 -feet from the north/east ditch boundary. Mining within the existing permit boundary has occurred closer than this set -back with no adverse impacts to the ditch, and the greater proposed set -back for the amendment area is likewise not expected to adversely impact the ditch. No mining is proposed south/west of the ditch, however material may be stockpiled in this area, and there would potentially be a ditch crossing so material could be hauled from the excavation area to the stockpiles. Enclosed for your reference are 11" x 17" copies of preliminary Pre -Mining, Mining and Reclamation plans, dated June 26, 2008, which show both existing and proposed mine areas. Full size copies of the drawings, together with a copy of this letter, are also being picked up by Jerry Towle today for presentation at the GIC Board meeting scheduled for August 26, 2008. As we discussed, Al would also propose to potentially discharge water from its pit de -watering activity into the ditch north of "O" Street. Monitoring of such discharge is conducted in accordance with the Colorado Department of Public Health and Environment discharge permit for this site, which sets forth formal monitoring parameters for dewatering the sand and gravel mine area. This includes monthly water sampling and, in accordance with the discharge permit and the storm water management plan for this site, weekly visual monitoring. We appreciate the time that GIC representatives have afforded AI in meeting to discuss these matters, and we would be happy to meet again to address any additional questions or concerns. Very truly yours, Connie N. Davis Land Resources Enclosure cc: Jerry Towle, GIC Timothy Flanagan, Esq. Star Waring, Esq. Aggregate Industries — File #34.15.14 • Connie N. Davis, Laud Resources P. O. Box 337231, Greeley, CO 80633 Phone: (970) 336-6526; Fax: (970) 378-6856 • • September 25, 2008 HAND DELIVERED Clay Kimmi, P.E. Drainage & Floodplain Engineer Weld County Public Works 1111 H Street Greeley, CO 80631 Re: AmUSR-897 — Riverview Resource Amendment Application Dear Clay: The following provides Aggregate Industries' written responses to comments submitted by Weld County Public Works to Weld County Planning Department as part of the 7 -Day Completeness Review of Aggregate Industries' pre -submittal documents for an amendment to AmUSR-897. Each response is preceded by the comment as provided to Aggregate Industries by Weld County Public Works. Site Plan Review: Please provide 140 foot ROW for the proposed 'O' Street alignment. As discussed and agreed upon at the July 29, 2008 meeting among Weld County Planning, Weld County Public Works and representatives of Aggregate Industries, Aggregate Industries will place the following note on the amendment application map submittals: Applicant commits to reserving the additional right-of-way necessary to accommodate proposed future widening of the existing alignment of O Street to a total of 140 foot right-of-way, designated as Alternative C by and proposed by the O Street Alignment Study Committee as the preferred alignment for O Street between County Road 23 and 83h Avenue. Applicant further commits to work with Weld County Public Works should an alternative route for the alignment of O Street be selected in the future. Please provide a site plan showing all existing and planned facilities including conveyors. Please show the floodplain boundaries utilizing the 2003 Army Corps of Engineers Study currently being reviewed by FEMA. As discussed at the July 29, 2008 meeting among Weld County Planning, Weld County Public Works and representatives of Aggregate Industries, the Existing Conditions Map • • • • Clay Kimmi, P.E., Drainage & Floodplain Engineer, Weld County Public Works September 25, 2008 Page Two provided with the Pre -Submittal application documents satisfies Public Works requirements for a site plan, as existing facilities are identified on the map and there are no new facilities proposed on the amendment properties with the exception of temporary, portable conveyors that move around the site as mining progresses. The Existing Conditions Map and the Extraction Plan Map provided with the Pre - Submittal application documents referenced the 2003 floodplain however it has come to our attention that the layer for the 2003 floodplain boundaries was not turned on. The floodplain shown on the pre -submittal map was the older FEMA panel. The 2003 floodplain layer will appear on the ,final amendment application maps together with the note referencing the source of information as the Flood Plain Information Study, Cache La Poudre River, City of Greeley and Weld County Colorado November 1999 -updated July 2003. The 2003 update is based upon the 2003 Army Corps of Engineers Study. Traffic Study: Is acceptable as submitted for review. Drainage Report: Please provide an updated Drainage Report. There will be no on -site detention required but all offsite flows must be safely passed through or around the site. (Weld County Code Ordinances 2001-1; 2003-10, and 2006-7). A Drainage Report dated September 23, 2008, prepared by TetraTech, is enclosed. Geotechnical Soils Report: Please provide a brief geotechnical soils report showing that the soils in the new areas are similar to the soils in the existing area. Public Works acknowledged at the July 29, 2008 meeting among Weld County Planning, Weld County Public Works and representatives of Aggregate Industries that the following satisfies this requirement [taken from Exhibit D of the Division of Reclamation, Mining and Safety (DRMS) amendment application, as submitted with and incorporated into the amendment application for AmUSR-897]: Current mining within the permitted boundary and additional borehole drilling and testing in the proposed amendment areas have verified that Riverview Resource contains a significant commercial deposit of sand and gravel. The mine site is located on two alluvial deposits of the Valley Fill alluvium north of the Cache LaPoudre River. Geologic mapping by Hershey and Schneider (1972) indicates the southern deposit is made up offloodplain deposits closer to the river and that the northern deposit is a higher terrace. The contact between the two deposits is mapped on the south side of "O" Street and is roughly parallel to "O" Street. This contact is topographically expressed by the drop in elevation on the south side of "O" Street. Boring data indicates the southern floodplain deposit is • • • Clay Kimmi, P.E., Drainage & Floodplain Engineer, Weld County Public Works September 25, 2008 Page Three generally 12 to 17 feet thick and that the northern terrace deposit is generally 33 to 44 feet thick but locally as thin as 26 feet nearer the southern geologic contact. Overburden exists to an average depth of approximately 10.4 feet over the northern amendment area and to an average depth of 7.2 feet over the southern site. Overburden needed for construction of the final reclamation slopes will remain on -site. Overburden in excess of that which is needed for reclamation may be sold and removed from the site. Mining at the site will be to bedrock. Regional geologic mapping indicates near surface bedrock underlying the alluvium is most likely silty sandstone with some sandy shale of the Fox Hills Sandstone. The average depth of sand and gravel over the northern site is 28.7 feet and average depth of sand and gravel over the southern site is 12. 7feet. The deposit is classified as a wet alluvial deposit. With regard to a proposed conveyor crossing of County Road 64, as set forth in the submittal documents, a detailed geotechnical soils report will be prepared and submitted together with construction documents addressing issues associated with traffic control, timing of placement, and design criteria with the local building permits required for such structure prior to construction. Flood Hazard Development Permit (FHDP): FHDP-359 must be amended for the new area. The floodplain study to be used for modeling purposes is the 2003 Army Corps of Engineers Study currently being reviewed by FEMA. The model may be obtained by contacting the City of Greeley Stormwater Department. A Flood Hazard Development Permit application, dated September 22, 2008, prepared by Tetra Tech, is enclosed. Aggregate Industries respectfully requests your acceptance of the above responses and enclosed items in satisfaction of the requirements necessary for Weld County Planning to accept its application to amend AmUSR-897 and further requests your acknowledgement to Kim Ogle and Chris Gathman in the Planning Department and to me. Very truly yours, Connie N. Davis Land Resources Enclosures Er April 28, 2009 Kim Ogle Weld County Department of Planning Services 918 Tenth St. Greeley, CO 80631 RE: 2 AMUSR-897, Aggregate Industries — Riverview Resource Facility Response Dear Kim: We have completed our review of referral agency and staff comments. Our written response is provided below in italics. Weld County Planning Department comments by Mike Davis 1. The lot shall have its own access; each access shall be designed to carry a designed wheel load of 18000pounds (80000 pound GVW) (H20 loading). 2. The access shall be constructed of a permanent all weather road base. 3. Access shall be maintained at all times. 4. Aggregate Industries Inc. shall supply the Fire District a site plan showing locations of on -site storage of fuels, chemicals, etc. and types of storage tanks for those items. When this site plan is submitted the Windsor -Severance Fire District it shall also be subject to review, approval and fees for review. 5. An MSDS catalog shall be on -site and available at all times. 6. Addresses shall be posted clearly on the road fronting the property. 7. Addresses shall be posted main structure and clearly visible from the road fronting the property. 8. There shall be fire extinguishers located strategically within the site at the discretion of the fire district. The above comments pertain to the existing permit area and these matters have been addressed and are in compliance. There is no change to what is currently on file with Weld County. RESOURCE CONSERVATION PARTNERS, LLC p.o.box1522,Iongmont,colorado 80502.tel 303.532.2262. fax 702.0585 Mr. Kim Ogle April 28, 2009 Page 2 of 8 Weld County Planning Department comments by Robert Powell Prior to the start of any construction, alterations, or change of occupancy; 1. A building permit application must be completed and two complete sets of plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report preformed by a registered State of Colorado engineer shall be required. So Noted. 2. A plan review shall be approved and a permit must be issued prior to the start of construction. So Noted. 3. Setback and offset distances shall be determined by the 2006 International Building Code (Offset and setback distances are measured from the farthest projection from the structure). So Noted. 4. Buildings located within a 100 year flood plain require a Flood Hazard Development Plan. So Noted 5. A letter from the Fire District to ascertain if a Fire Protection District permit is required. So Noted. Aggregate Industries met with representatives of City of Greeley planning, engineering and parks departments on January 12, 2009 regarding the following comments submitted by those departments. It was explained to the City that the main purpose of the amendment is to incorporate additional land, which is not adjacent to the City's property, into the USR permit boundary and that there are no changes proposed to operations as currently permitted. We believe through that explanation and discussion that most of the following comments were addressed A copy of the letter summarizing the meeting is attached for your review, and we have requested a response from the City. Per our discussion with Weld County staff, we have addressed some of the specific issues raised below City of Greeley Planning Department In the future conveyor represented on parcel 4 is shown crossing into the incorporated limits of Greeley and would be located on City property. Prior to construction the City will need to be consulted and all concerns addressed. Depending on the length of time since the initial approval and the configuration of the gravel mining operation and associated equipment initially indicated, the CF Mr. Kim Ogle April 28, 2009 Page 3 of 8 construction of the conveyor may need to go through the requisite City Use by Special Review process for gravel mining and associated operations in the CD (Conservation District) Zone. City of Greeley Engineer Development Review Park concerns need to be addressed in regards to the conveyer location, structure design, access, maintenance and duration on City property. The City would like to schedule a meeting with Orr Land Co. and Weld County to discuss and address issues. 1. How many daily haul trips will be made using the 71st Avenue driveway? What route will they use as they enter and exit the site? 2. Please specify where the driveway is located off of 71st Avenue. 3. Please provide the number of daily haul trips that will be made using the "O" Street driveway for all phases. Contain all trips to the one driveway. 4. How many daily haul trips will be made using the new 83rd Ave. driveway north of "O" Street during each cell 4 phase? When will it be closed? The processing and sales operations at the site will continue as permitted with the existing operation. Historic traffic patterns will be maintained at the site. 5. How many new daily haul truck trips will be made using the existing 83rd Avenue driveway (please break out each phase separately)? 6. How many daily haul truck trips are made in and out of the existing 83rd Avenue driveway? What is the wheel base of the haul trucks? 7. An A.S.S.E. backflow prevention assembly shall be installed on the water service line that serves the office building on this site. This assembly shall be tested by a certified tester upon installation and thereafter on an annual basis. Please ask the property owner to acknowledge this requirement via an appropriate form of communication (letter and/or email) directly to Doris Biehl at doris.biehl@greelevgov.com or City of Greeley Water & Sewer Department 1100 10th Street Suite 300 Greeley CO 80631 to the attention of Doris Beihl. The Sharks Tooth Water Company provides the water service for this site. There is no anticipated change to the existing service to the site. 8. A City of Greeley sanitary sewer main runs through the proposed "Permit Boundary". The City will need the plans to show the sanitary sewer easement, main line and manholes. The sanitary sewer easement will be added to the plats prior to hearing before the Weld County Planning Commission. 9. Easement documents have been included with this review. ES Mr. Kim Ogle April 28, 2009 Page 4 of 8 City of Greeley Community Development 1. The temporary access on 71st Avenue clearly defined as to the length of use and exact type of truck traffic. Temporary access on 7t Avenue has been addressed under the existing permit for the site and no changes are proposed as part of this amendment application. 2. All traffic generated from the Special Review Use shall be restricted from using 71st Avenue in either direction (north or south bound traffic) south of the site because of the conflicts with adjacent, residential traffic and student traffic from Northridge High School. These matters were taken into consideration and addressed under the existing permit for the site, and no changes to existing truck traffic, access or haul routes are proposed as part of this amendment application. 3. The reclamation plan shall be redesigned in order that the wildlife habitat restoration and re -vegetation efforts be planned and monitored by a qualified wildlife biologist/ecologist. The reclamation plan is designed to extend the enhanced wildlife habitat created on the existing site by the applicant. The applicant consulted with the US Army Corps of Engineers in conjunction with establishing a wetland bank on the site. The site continues to be monitored by a qualified team of reclamation professionals, Aggregate Industries and the US Army Corps of Engineers. 4. The Special Review Permit shall take into consideration the Poudre Trail Project. The Poudre Trail is outside the permit area for this application. 5. Clarification on who will be responsible for meeting the augmentation requirement for the site. The site is currently operating under an approved Temporary Substitute Plan. The app/icant is responsible for establishing a permanent augmentation plan for the reclaimed site. The Colorado Office of the State Engineer has jurisdiction for water rights related issues on the site and Colorado Division of Reclamation Mining and Safety will not release the site until a court approved augmentation plan is in place. 6. Noise generated from the site shall meet all City and State requirements. The site operates in accordance with County and State requirements and will continue to do so. 7. A perimeter treatment plan shall be required along 0 Street, 71a Avenue, and 83rd Avenue. Perimeter treatment plans are addressed in the mining and reclamation plans in accordance with Weld County regulations. 8. Re -vegetation of the site should contain native and natural seed mixes as identified in a letter dated November 4, 1999, from Steven C. Augerot with the City Parks Mr. Kim Ogle April 28, 2009 Page 5 of 8 Department. In addition, noxious weeds are anticipated to be a problem and should be eradicated using a combination of techniques. Re -vegetation of the site contains all appropriate native and natural seed mixes as identified in the City's letter. Riverview Resource is actively managed for noxious weed control with a combination of chemical and mechanical methods. Site evaluations are conducted and management plans are developed and implemented annually in an effort to maintain control of and/or eradicate noxious weeds. Comments from Weld County Environmental Health Services Lauren Light Environmental Health Services has reviewed this proposal for an amendment to an existing Mineral Resource Development facility including open pit gravel mining and materials processing including concrete and asphalt recycling, and a concrete and asphalt batch plant facility. The application indicates there will not be a change in the number or types of equipment that are currently in use on the site. Portable toilets and bottled water will be utilized at the working face of the mine. A letter from Sharks Tooth Pipeline Company indicates they currently provide water to the site. An individual sewage disposal system (ISDS) is located on the current mining site (SP -0100206). The ISDS is permitted for a house and for a maximum of 4 people. The system must be evaluated by an engineer for the increased load of 35 employees. It appears that the ISDS was not evaluated as required by the previous amendment. Noise will be restricted to the level allowed in the industrial zone district. The dust abatement plan and waste handling plan that were submitted with the application are acceptable. We have no objections to the proposal; however, we do recommend that the following conditions be part of any approval: We recommend that the following requirements be met prior to allowing the plat to be recorded: 1. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application, or an amended application, from the Air Pollution Control Division, Colorado Department of Health and Environment, if applicable. A copy of the current air permit, No. 99WE0033F, dated November 28, 2006, is attached. 2. The existing septic system (SP -0100206) shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. The existing septic system was evaluated in conjunction with the current USR for the operation. Operations at this site will continue as they have under the existing Mr. Kim Ogle April 28, 2009 Page 6 of 8 permit. The additional /and area will add a source for additional material to be processed and sold from the site. It will not increase the number of employees or expand the operations above historic levels. A copy of the existing ISDS permit is attached. 3. The applicant shall submit evidence of a Colorado Discharge Permit System (CDPS) from the Water Quality Control Division of the Colorado Department of Health and Environment for any proposed discharge into State Waterways, if applicable. A copy of the existing Discharge Permit is attached. We recommend that the following requirements be incorporated into the permit as development standards: 1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. So noted. 2. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. So noted. 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. So noted. 4. The applicant shall operate in accordance with the approved "waste handling plan", at all times. So noted. 5. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved "dust abatement plan", at all times. So noted. 6. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in Section 14-9-30 of the Weld County Code. So noted. 7. A permanent, adequate water supply shall be provided for drinking and sanitary purposes for the office and plant site area. (Sharks Tooth Pipeline Company). Please see the attached letter from Sharks Tooth Pipeline Company. rf; Mr. Kim Ogle April 28, 2009 Page 7 of 8 8. Adequate hand washing and toilet facilities shall be provided for employees and service people, at all times. So noted. 9. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. So noted. 10. Portable toilets may be utilized on sites that are temporary locations of the working face and portable processing equipment, etc. for up to six months at each location. So noted. 11. Bottled water shall be provided to employees at the temporary locations of the working face at all times. So noted. 12. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). So noted. 13. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum washing and the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. So noted. 14. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. So noted. 15. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). So noted. 16. The applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division, as applicable. So noted. 17. The operation shall comply with all applicable rules and regulations of the Colorado Division of Minerals and Geology. So noted. 18. The operation shall comply with the Mine Safety and Health Act (MSHA). So noted. Mr. Kim Ogle April 28, 2009 Page 8 of 8 19. The operation shall comply with the Occupational Safety and Health Act (OSHA) So noted. 20. The operation shall comply with, all applicable rules and regulations of the State and Federal agencies and the Weld County Code. So noted. Aggregate Industries acknowledges and accepts the above -stated development standards as proposed by Weld County Environmental Health Services. Comments from Weld County Public Works Leon Sievers We are in the process of acquiring 15' of additional ROW along the west side of WCR 29 (71st Ave) south of 0 street. The landowners affected are Goetzel and Aggregate Industries. There is currently 50' of ROW along 71st Ave now. All of the ROW is east of the 1/16th section line. All of the additional ROW will be off of the west side of the 1/16t section line. The 1/16th line is Goetzel and Aggregate Industries east property line and is currently located along the west shoulder of the existing roadway. I've attached two exhibit maps showing the new ROW. I know you are reviewing a mining application and I believe this information is something you can use. Aggregate Industries is working with Weld County to finalize the required documentation to complete the transfer. Enclosed are copies of mineral owner and lessee lists updated as of April 23, 2009. We are in the process of preparing and sending the required thirty -day notice of public hearing and will provide you with copies of the notice and certified mail receipts. An updated surrounding property owner list and two sets of mailing labels are also enclosed. The map will be updated with this current surrounding property owner information, together with any other map revisions as a result of your review and comments, prior to the hearing before the Weld County Planning Commission. It is our understanding that this hearing will be on the agenda for June 2, 2009. The Colorado Division of Reclamation and Mine Safety approved the amendment to the existing permit on April 10, 2009. A copy of the letter is attached for your records. Please let us know if you need any additional information to complete your review. Thank you for you assistance. Sincerely, Resource Conservation Partners, LLC. 4c7u, &w, / tom. Barbara Brunk, Landscape Architect Manager CF • • • April 27,2009 Mr. Brandon Gossard, Planner Greeley Community Development 1100 10th Street, Suite 202 Greeley, CO 80631 Re: 2"d AmUSR-897 — Riverview Resource Dear Brandon: AGGREGATE INDUSTRIES On January 12, 2009 I met with you and representatives of City of Greeley engineering and parks departments regarding comments submitted by the City to Weld County Planning Department on the above -referenced amendment application. The City's main concern was with regard to access and conveyor easements across the City's property. I reviewed with City staff the mining and reclamation plans in general terms and pointed out that the easements on the City's property, which were granted by the previous owner of the property, and the mining and reclamation of lands adjacent to the City property are already permitted in Weld County under the existing Use by Special Review. The City identified oil and gas well locations and access proposed by Ed On on the City's property and we discussed the potential of Aggregate Industries using the same access mutes. I indicated that Aggregate would be open to that consideration. As I discussed at the meeting, there are no changes proposed to operations as currently permitted. The main purpose of the amendment is to incorporate additional land, which is not adjacent to the City's property, into the USR permit boundary. The only change within the existing permit boundary is to the reclamation. Whereas the original permit anticipated water storage reservoirs for most of the site, Aggregate now plans to reclaim to open ponds and to continue develop wetland and wildlife habitat along the Cache La Poudre River corridor. Areas that have already been mined adjacent to the corridor have been reclaimed in this manner and are being significantly enhanced. As noted at the meeting, Aggregate intends to put the wetlands into a mitigation bank through an agreement with the Army Corps of Engineers which will provide that these areas be protected by future conservation easement or deed restriction. It was my understanding that, following our meeting, the planning department would further review this matter based on our discussions and make its recommendation to the Aggregate Industries West Central Region, Inc. 1707 Cole Blvd., Suite 100 Golden, CO 80401 Telephone: 303-985-1070 An Equal Opportunity Employer 9 AGGREGATE • • • Mr. Brandon Gossard, Planner, Greeley Community Development April 27,2009 Page Two INDUSTRIES County. I met with Kim Ogle at Weld County Planning on April 15, 2009, and he advised that they have not received any other correspondence from the City. As we expect to go before the County Planning Commission on June 2, we want to assure that there are no further issues to be resolved with the City. I would therefore appreciate hearing back from you in this matter and would be happy to meet with you again if there are any outstanding issues to be resolved. Very truly yours, Se; 4dtdear Connie N. Davis Land Resources • • • STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AIR POLLUTION CONTROL DIVISION TELEPHONE: (303) 692-3150 CONSTRUCTION PERMIT PERMIT NO: 99WE0033F DATE ISSUED: November 28, 2006 FINAL APPROVAL Modification No.4 ISSUED TO: Aggregate Industries - WCR, Inc. THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Sand and gravel pit, known 'as WW Farms, located at 30716 83i° Avenue, Weld County, Colorado. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: Material extraction, handling, stockpiling, hauling, and associated conveyors and transfer points. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND CONTROL ACT C.R.S. (26-7-101 et seq), TO THOSE GENERAL TERMS AND CONDITIONS INCLUDED IN THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: 1. Visible emissions from processing equipment and transfer points shall not exceed twenty percent (20%) opacity during normal operation of the source. During periods of startup, process modification, or adjustment of control equipment visible emissions shall not exceed 30% opacity for more than six minutes in any sixty consecutive minutes. Opacity shall be measured by EPA Method 9. (Reference: Regulation 1, Section II.A.1.& 4.) 2. The particulate emission control measures listed on the attached page (as approved by the Division) shall be applied to the particulate emission producing sources as required by Regulation No. 1, Section III.D.1.b. 3. This source shall be limited to a maximum production rate as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Daily records of the actual production rate shall be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation 3, Part B,II.A.4) Production of sand and gravel shall not exceed 7,807 tons per day or 860,000 tons per year. 4. Fugitive particulate emissions shall not exceed the following limitations (as calculated in the Division's preliminary analysis): (Reference: Regulation 3, Part B, II.A.4) Particulate Matter. 43.3 tons per year Particulate Matter < 10 pm (PMro):..... 14.8 tons per year. Note: Compliance with these fugitive emission limits shall be demonstrated by not exceeding the production limits in condition number 3 and by following the attached particulate emissions control plan. 123/0549/001 ver. 2/00 Page 2 of 6 Colorado Department of Public Health and Environment Air Pollution Control Division Aggregate Industries - WCR, Inc. Permit No. 99WE0033F FINAL APPROVAL APPROVAL 5. Emissions of air pollutants from transfer points shall not exceed the following limitations (as calculated in the Division's preliminary analysis): (Reference: Reg. 3, Part B, II.A.4) Particulate Matter: 0.7 tons per year Particulate Matter < 10 pm (PM1o): 0.3 tons per year. 6. This permit is for the activities specified above; any additional process equipment (i.e. crushers, screens, etc.) to be located at this site must have a separate permit from the Division. (Reference: Reg. 3, Part B, III.E.) 7. A revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Reg.3; Part A,ll.C) a. Annually whenever a significant increase in emissions occurs as follows: For any criteria pollutant: For sources emitting less than 100 tons per year, a change in actual emissions of five tons per year or more, above the level reported on the last APEN; or b. Whenever there is a change in the owner or operator of any facility, process, or activity; or c. Whenever new control equipment is installed, or whenever a different type of control equipment replaces an existing type of control equipment; or d. Whenever a permit limitation must be modified; or e. No later than 30 days before the existing APEN expires. 8. All conveyors and transfer points will be subject to the New Source Performance Standards requirements of Regulation number 6, Subpart OOO whenever there is primary crushing capacity greater than 150 tons per hour (portable equipment) or 25 tons per hour (fixed equipment) at this location as follows: a. Visible emissions from conveyors and transfer points shall not exceed 10% opacity. In addition, the following requirements of Regulation No. 6, Part A, Subpart A, General Provisions, apply. a. No article, machine, equipment or process shall be used to conceal an emission which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous diluents to achieve compliance with an opacity standard or with a standard which is based on the concentration of a pollutant In the gases discharged to the atmosphere. (§ 60.12) b Written notification of construction and initial startup dates shall be submitted to the Division as required under § 60.7. c. Records of startups, shutdowns, and malfunctions shall be maintained, as required under § 60.7. d. Compliance with opacity standards shall be demonstrated according to § 60.11. 123105491001 ver. 2/00 Page 3 of 6 Colorado Department of Public Health and Environment Air Pollution Control Division • • Aggregate Industries - WCR, Inc. Permit No. 99WE0033F FINAL APPROVAL APPROVAL e. At all times, including periods of start-up, shutdown, and malfunction, the facility and control equipment shall, to the extent practicable, be maintained and operated in a manner consistent with good air pollution control practices for minimizing emissions. Determination of whether or not acceptable operating and maintenance procedures are being used will be based on information available to the DNIsion, which may include, but Is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source. (Reference: Regulation 6, Part A. General Provisions from 40CFR60.11) 9. All previous versions of this permit are canceled upon issuance of this permit. By: Sunday A. P.E Permit Engineer Initial Approvat: Modification 1: Initial Approvat Modification No. 2: Initial Approval Final Approval: Modification No. 3: Final Approval: Modification No. 4: By: W R K Hancock Ill, P.E. Unit Leader Issued March 3, 1899 to CAMAS Colorado, Aggregate DNialon- W. W. Fawn Greeley. pertained to: transfer of ownership (name change) to CAMAS Colorado, Inc., Aggregate Division, dba Aggregate Industries: increase in production I emission limits. Reissued on May 22; 2000, Pertained to: transfer of ownership (name change) to Aggregate Industries- WCR, Inc. Reissued on January 10, 2002 Issued August 2, 2002. Increase in hourly and yearly throughput. Reissued on August 28, 2005. Throughput increased from 800,000 tons per year. 123/05491001 ver. 2/00 Page 4 of 6 Colorado Department of Public Health and Environment Air Pollution Control Division Aggregate Industries - WCR, Inc. Permit No. 99WE0033F FINAL APPROVAL APPROVAL Notes to permit holder: 1. The production or raw material processing limits and emission limits contained in this permit are based on the production/processing rates requested in the permit application. These limits may be revised upon request of the permittee providing there is no exceedance of any specific emission control regulation or any ambient air quality standard. A revised air pollution emission notice (APEN) and application form must be submitted with a request for a permit revision. 2. This source is subject to the Common Provisions Regulation Part II, Subpart E. Upset Conditions and Breakdowns. The permittee shall notify the Division of any upset condition which causes a violation of any emission limit or limits stated in this permit as soon as possible, but no later than two (2) hours after the start of the next working day, followed by written notice to the Division explaining the cause of the occurrence and that proper action has been or is being taken to correct the conditions causing said violation and to prevent such excess emission in the future. 3. The emission levels contained in this permit are based or the following emission factors (any change in operations may change these factors): Particulate Matter. Particulate Matter < 10 pm (PM10): Fugitive Particulate Matter Fugitive Particulate Matter < 10 pm (PM10): 4. This source is classified as a: Minor source 0.0018 pounds per ton of sand and gravel 0.0008 pounds per ton of sand and gravel 0.1020 pounds per ton of sand and gravel 0.0347 pounds per ton of sand and gravel 12310549/001 ver. 2/00 Page 5 of 6 Colorado Department of Public Health and Environment Air Pollution Control Division Aggregate Industries - WCR, Inc. Permit No. 99WE0033F FINAL APPROVAL APPROVAL PARTICULATE EMISSIONS CONTROL PLAN FOR MINING AND PROCESSING ACTIVITIES THE FOLLOWING PARTICULATE EMISSIONS CONTROL MEASURES SHALL BE USED FOR COMPLIANCE PURPOSES ON THE ACTIVITIES COVERED BY THIS PERMIT, AS REQUIRED BY THE AIR QUALITY CONTROL COMMISSION REGULATION NO.1, SECTION III.D.1.b: THIS SOURCE IS SUBJECT TO THE FOLLOWING EMISSION GUIDELINES: a. Mining and Processing Activities - Visible emissions not to exceed 20%, no off -property transport of visible emissions. b. Haul Roads - No off -property transport of visible emissions shall apply to on -site haul roads, the nuisance guidelines shall apply to off -site haul roads. c. Haul Trucks = There shall be no off -property transport of visible emissions from haul trucks when operating on the property of the owner or operator. There shall be no off -vehicle transport of visible emissions from the material in the haul trucks when operating off of the property of the owner or operator. Control Measures 1. Adequate soil moisture must be maintained in topsoil and overburden to control emissions during removal. Watering shall be implemented if necessary. 2. Topsoil and overburden stockpiles shall be compacted and revegetated within one year. 3. Emissions from material handling (i.e. removal, loading, and hauling) shall be controlled by watering at all times unless natural moisture is sufficient to control emissions. 4. Vehicle speed on unpaved roads and disturbed areas shall not exceed a maximum of 30 m.p.h. Speed limit signs shall be posted. 5. Vehicle speed on haul roads and service roads shall be restricted to 30 miles per hour. Speed limit signs shall be posted. 6 Unpaved haul roads shall be treated with a chemical suppressant and watered as often as needed to control fugitive particulate emissions such that the above guidelines are met. 7. Reclamation works and sequential extraction of material shall be initiated to keep the total disturbed areas at any one time to a minimum. 8. Material stockpiles shall be watered as necessary to control fugitive particulate emissions. Aggregate materials shall be sprayed with water during material loading into the storage bins or stockpiles. 9. Plant entryway, truck service roads, and concrete batching areas shall be graveled. Watering shall be implemented if emission guidelines above are not met. 12310549/001 ver. 2/00 Page 6 of 6 Colorado Department of Public Health and Environment Air Pollution Control Division Aggregate. Industries - WCR, Inc. Permit No. 99WE0033F FINAL APPROVAL APPROVAL GENERAL TERMS AND CONDITIONS: (IMPORTANT! READ ITEMS 5.8.7 AND 81 1. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduct of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents; It is valid only for the equipment and operations or activity specifically identified on the permit. 2. Unless specifically stated otherwise, the general and specific conditions contained In this permit have been determined by the APCD to be necessary to assure compliance with the provisions of Section 25-7- 114.5(7)(a), C.R.S. 3: Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or appeal of, a condition hereof shall constitute a rejection of the entire permit and upon such occurrence, this permit shall be deemed denied ab !nitro. This permit may be revoked at any time prior to final approval by the Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulations of the Alr Quality Control Commission (AQCC), including failure to meet any express term or condition of the permit. If the Division denies a permit, conditions imposed upon a permit are contested by the applicant, or the Division revokes a permit, the applicant or owner or operator of a source may request a hearing before the AQCC for review of the Division's action. 4. This permit and any required attachments must be retained and made available for inspection upon request at the location set forth herein. With respect to a portable source that is moved to a new location, a copy of the Relocation Notice (required by law to be submitted to the APCD whenevera portable source is relocated) should be attached to this permit. The permit may be reissued to a new owner by the APCD as provided in AQCC Regulation No. 3, Part B, Section II.B. upon a request for transfer of ownership and the submittal of a revised APEN and the required fee. 5. Issuance (initial approval) of an emission permit does not provide "final" authority for this activity or operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of 25-7-114.5(12)(a) C.R.S. and AQCC Regulation No. 3, Part B, Section III.G. Final approval cannot be granted until the operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of the permit. If the APCD so determines, it will provide written documentation of such final approval, which does constitute "final" authority to operate. Compliance with the permit conditions must be demonstratedwlthin 180 days after commencement of operation. 8. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within 18 months after either the date of issuance of this permit or the date on which such construction or activity was scheduled to commence as set forth in the permit, whichever is later; (2) discontinue construction for a period of 18 months or more; or (3) do not complete construction within a reasonable time of the estimated completion date. Extensions of the expiration date may be granted by the APCD upon a showing of good cause by the permittee prior to the expiration date. 7. YOU MUST notify the APCD at least thirty days (fifteen days for portable sources) prior to commencement of the permitted operation or activity. Failure to do so is a violation of Section 25-7- 114.5(12)(a), C.R.S. and AQCC Regulation No. 3, Pad B, Section 111.G.1., and can result in the revocation of the permit. You must demonstrate compliance with the permit conditions within 180 days after commencement of operation as stated in condition 5. 8. Section 25-7-114.7(2)(a), C.R.S. requires that all sources required to file an Air Pollution Emission Notice (APEN) must pay an annual fee to cover the costs of inspections and administration. If a source or activity is to be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon notification, annual fee billing will terminate. 9. Violation of the terms of a permit or of the provisions of the Colorado Air Pollution Prevention and control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 25-7-115 (enforcement), -121 (injunctions), -122 (civil penalties), -122.1 (criminal penalties), C.R.S. 123/05491001 ver. 2/00 STATE OF COLORADO • • • 4900 Cheny Creek Dr. S. Denver, Colorado 60248-1630 Phone (303) 6924000 TOD Line (309) 691-7700 Located St Glendale, Colorado hupilva ip.cshe.etale.00.ue November 30, 2007 MI Miter, Jr.. Governor James B. Martin, Executive Director Docketed to protecting and In provi g the health and environment of the people of Colorado Laboratory Services Division 8100 Lowry Blvd. Denver, Colorado 80230-6928 (303) 6923090 Patrick Ward, General Manager Aggregate Industries — WCR, Inc. 1707 Cole Blvd. Ste 100 Golden, CO 80401 RE: Amended Certification, for the Colorado Wastewater Discharge Permit System Permit Number: COG -500000, Facility Number: COG -500345 Colorado ofPublic tb and Environment Dear Mr. Wand: Enclosed please find a copy of the amended Certification, which was issued under the Colorado Water Quality Control Act. You are legally obligated to comply with all terms and conditions of the permit and certifications. Please read the permit and if you have any questions, contact me at (303) 692-3531. Should you have questions on the fee, please call (303) 692-3529. Sincerely, cleft /VAX Loretta Houk, Administrative Assistant Water Quality Protection Section WATER QUALITY CONTROL DIVISION Enclosure xc: Regional Council of Government Weld County, Local Health D. Canned, DE, Technical Services Permit File Permit Fees 11h cart Permit No. COG -500000 Factltty No. COG -500345 Amendment No. I CDMG Permit No. M-99-098 Page I AMENDMENT NO.1 to CERTIFICATION AUTHORIZATION TO DISCHARGE UNDER THE CDPS INDUSTRIAL GENERAL PERMIT FOR SAND AND GRAVEL GenerlMINING eentt Sand and Gravel - Process ateND PROCESSING GENERAL r&SStormwate' IT Category07,Co a I44 teSary SIC Code 1442, Sand and gravel mining, washing, crushing screening and stockpiling. Current fee $270/year (effective Julyl, 2007) Amendment Fee: 15% of Mutual Fee — $67.00 This permit specifically authorizes: Aggregate Industries — WCR, Inc. Patrick Ward, Vice President and General Manager, Materials Division 1707 Cole Blvd., Suite 100 Golden, CO 80401 (303) 985-1070 FAX: (303) 716-5299 with the facility contact of: Jamie Gaboriau, Manager, Environmental Affairs (303) 716-5304 FAX: (303) 716-5209 jamie.gaboriau®aggregate.com to discharge from facilities identified as the W. W. Farms, located in the NW' 'A of Section 32, T6N, R66W, Weld County, from outfall 001-003, as identified and described in the following table. All correspondence relative to this facility should reference the specific facility number, COG -500345. Outfall 001-002 003 Description and Treatment Discharge from the settling basin prior to entering the Cache La Poudre River. The discharge will flow to a settling pond and into a wetlands/ditch prior to reaching the Cache La Poudre River. Estimated Flow Rate Avg. R 800 GPM Avg. = SS GPM (for approximately 10 hours a week) The discharges are to the Cache La Poudre River, Segment 12 of the Cache La Poudre River Sub -basin, South Platte River Basin, found in the lion 38, last update effective September 30, 2007). Segment 12 Classifications and Numeric Standards for the South Platte River Basin (Regulation has been designated Use Protected and classified for the following uses: Recreation, Class la; Aquatic Life, Class 2 (Warm); Agriculture. Salinity (IDS) monitoring of the discharge will not be required. Phosphorus monitoring of the discharge will not be required. Antidegradation review does not apply to this permit. At the time of application, the pennittee certified that they had developed and implemented a Stormwater Management Plan (SWMP) for this facility. As a condition of this permit, a copy oldie SWMP mustbe provided to the Division upon request. The pemmittee is encouraged to read the general rationale for an understanding of how this permit was developed and read the permit to see what requirements exist In the permit, effluent limitations and monitoring/reporting requirements are specified in Parts 1.B. and l.C; special notification requirements for effluent violations are addressed in Part ILA. Amendment This certification to discharge has been amended to include discharges from outfall 003. AMENDED AND EFFECTIVE: NOVEMBER 26.2007 • ThisfacliitypefmitcontalM 25 pages. EXPIRATION: SEPTEMBER 30, 2007 Administratively Extended Nicole Smith 303.692.3217 November 13, 2007 • Permit It: Owner: Applicant: Permit Type: RNEW c --commercial, R=Residential + NEW, REPair, VauLT Parcel #: 0805-32-0-00-051 Location: 13254 CR 64 GREELEY 32 06 66 Legal Description: 17973-F PT N2 & N2S2 32 6 66 LYING N OF CACHE LA PfqUDRF RIME Installer: to 6 fti l2 Pt WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 NORTH 17TH AVENUE GREELEY, CO 80631 PHONE (970) 304-6415 FAX (970) 304-6411 SP -0100206 Secawn/Rng: 32 06 66 AGGREGATE INDUSTRIES AGGREGATE INDUSTRIES Status: ISSUED Applied: 05/02/2001 Issued: 05/07/2001 Finaled: Description: HOUSE Commercial: N Residential: Y Acres: 320 # of Persons: 4 Basement Plumbing: Y # of Bedrooms: 2 Bathrooms - Full: 1 3/4: 0 1/2: 0 Water Public: Y Water Source: SHARKSTOOTH PIPELINE Water Private: N Cistern: N Well: N Well Permit #: Percolation Rate: 45.5 Limiting Zone: 8 ft 0 in Description at Ground Slope: 0 Dir: Soil Suitable: (Y/N) Y IIE ngineer Design Required: (Y/N) N In 100 Year Flood Plain: (Y/N) N Minimum Installation Septic Tank: 1000 gallons Actual Installation Septic Tank: Absorption Trench: 0 square feet or Absorption Bed: 780 square feet gallons Absorption Trench: square feet Absorption Bed: 4<O square feet Design Type: U.tA t LAe-gS Chambers NOTICF4 The issuance of this permit does not imply compliance with other state, county or local regulatory or building requirements, nor shall it act to certify that the subject system will operate in compliance with applicable state, county and local regulations adopted persuant to Article 10, Title 25, CRS as amended, except for the purpose of establishing final approval of installed system for issuance of a local occupancy permit persuant to CRS 1973 25-10-1l1 (2): Toth hermit is not transferableThe Weld County Department of Public Health and Environment reserves the right to impose additional terms and conditions required to meet our regulations on a continuing basis. Final permit approval was contingent upon the final inspection of the completed system by the Weld County Depament of Public lth and Environment. D 7 CindC leom Environmental Health Specialist Date Form: S_FINAL • 11�k.K rrx4a�4xdt�43t?�11Ho''�k7`'SYkw"�d�f6�tifiS.�{a�W,+ COUPIr tY,eDEPAR MENT O IRAlle ' C N ALTF AND ENViROrNMENT 555. NORTH,17fH AVENUE$ CREELEYYrC0t80631 : k, PHONE (976 304"641 "' ` `FAX: (970)'304-6411 .. ,• This individual. sewage disposal system has been inspected and appears to have been'in`stalled hi accordance; with the regulationsregarding individual sewage `disposal systems in Weld County, Colorado. L�1 �,�v� �( r }c r • c1n c Date�,,,,n, LPerrmiit.No.: b O\tt1Z . Owner: 0.* Location: .' Location: '�3�7 �� l Ft Environmental Health Specialist Q • • • SHARK'S TOOTH PIPE LINE COMPANY September 7, 2008 Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 Re: Aggregate Industries — AmUSR897 Application Water Service Verification To Whom It May Concern: Aggregate Industries has advised that, in support of its application for an amendment to their County permit for sand and gravel mining, the Weld County Department of Planning Services requires verification of water service to Aggregate Industries' property. Aggregate Industries is a shareholder in the Sharks Tooth Pipeline. Water service is delivered for Aggregate located at 13254 Weld County Road 64, which is within the permit boundary of USR-8 Please accept this letter as verification of existing water service provided by Shark's Tooth Pipeline Company to Aggregate Industries. Very truly yours, e2a3 Ruth Firestien Secretary 30953 WELD COUNTY ROAD 27 • GREELEY, COI.ORADO 80631 • PRONE 970 686 2671 • FAX 970 686 5746 STATE OF COLORADO • • • DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St , Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 April 10, 2009 COLORADO DIVISION OF RECLAMATION MINING — St. -- SAFETY Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Ronald W. Cattany Division Director Natural Resource Trustee Mr. Mike C. Refer Aggregate Industries - WCR, Inc. 1707 Cole Blvd., Ste. 100 Golden. CO 80401 Re: Riverview Resources, Permit No. M-1999-098, Amendment Approval, Revision No. AM -1 Dear Mr. Refer: On April 9, 2009 the Division of Reclamation, Mining and Safety approved the Amendment application submitted to the Division on November 12, 2008, addressing the following: Add 156 acres to permitted area. Operator will deed to revise bond before additional mining activity begins. The terms of the Amendment No. 1 approved by the Division are hereby incorporated into Permit No. M-1999-098. All other conditions and requirements of Permit No. M-1999-098 remain in full force and effect. As was stated in the amendment application, the operator will be responsible for contacting the Division prior to any mining activity in the amended areas, so that the appropriate bond adjustments can be made at that time. If you have any questions, please contact me at (303) 866-3567, x8140. Sincerely, Eric C. Scott Environmental Protection Specialist Office of AAinn.A 1 ..n.: On.hre,•“nn non...,. A u,,,...;,.. - r1.'.ennw Office of rai.,n ....: InnMi.m AAi..at STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 April 10, 2009 Mr. Mike C. Refer Aggregate Industries - WCR Inc. 1707 Cole Blvd., Ste. 100 Golden, CO 80401 COLORADO DIVISION OF RECLAMATION MINING SAFETY Bill Ritter, jr. Governor Harris D. Sherman Executive Director Ronald W. Cattany Division Director Natural Resource Trustee Re: Riverview Resources, Permit No. M-1999-098, Amendment Approval, Revision No. AM -1 Dear Mr. Refer: On April 9, 2009 the Division of Reclamation, Mining and Safety approved the Amendment application submitted to the Division on November 12, 2008, addressing the following: Add 156 acres to permitted area. Operator will need to revise bond before additional mining activity begins. The terms of the Amendment No. 1 approved by the Division are hereby incorporated into Permit No. M-1999-098. All other conditions and requirements of Permit No. M-1999-098 remain in full force and effect. As was stated in the amendment application, the operator will be responsible for contacting the Division prior to any mining activity in the amended areas, so that the appropriate bond adjustments can be made at that time. If you have any questions, please contact me at (303) 866-3567, x8140. Sincerely, el Eric C. Scott Environmental Protection Specialist Office of Office of p • • • March 18, 2009 Mr. Eric Scott, Environmental Protection Specialist Division of Reclamation, Mining and Safety 1313 Sherman St., Room 215 Denver, CO 80203 RE: File NO. M-1999-098; Riverview Resource Preliminary Adequacy Review Response Dear Eric, The following provides written responses on behalf of permit applicant Aggregate Industries-WCR, Inc. (AI) as a follow up to your comments of March 11, 2009, and our meeting on Monday afternoon. 6.4.3 EXHIBIT C - Pre -mining and Mining Plan Maps) of Affected Lands Updated plans that include the new gas metering structures and associated easements, located at the northwest corner of Cell 4 are attached. The new facilities belong to Kinder Morgan and are located north and west of the existing gas well, adjacent to the railroad right of way. They are not located within 200' of the affected area and will not impact the configuration of the mining cell in that area. 6.4.6 EXHIBIT F - Reclamation Plan Map The gas meter station easement is shown on the attached updated Reclamation Plan Map. 6.4.12 EXHIBIT L - Reclamation Costs Mining activity within the amendment area will not commence until the market demands require expansion of the existing operation. The amendment area will be mined and reclaimed in phases. Per Rule 4.2.1 (4) Aggregate Industries WCR, Inc. (AI) requests that the Division approve this permit amendment with the express understanding that no mining activities will take place within the amendment areas until the Division has evaluated and AI has posted required bonding for the initial phase of mining within the amendment area. AI will contact the Division and provide specific quantities for the first phase of mining so the Division can determine the bonding requirements. 6.4.17 EXHIBIT O - Proof of Mailing of Notices to County Commissioners and Soil Conservation District We sent copies of the March 10, 2009 adequacy comment response as required. Receipts for the delivery are attached. This response was also forwarded in the over night mail. We will forward the delivery receipts in the morning. ESOURCE CONSERVATION PARTNERS, LLC c.o.00x1522,1ongmont,colorado 80502.te1 303.532.2262. fax 702.0585 I • • • Mr. Eric Scott March 18, 2009 Page 2 of 2 6.4.19 EXHIBIT S - Permanent Fabricated Structures Structure owners within 200' received two certified mailings: the initial notice; and a second notice including; copies of the stability analysis, and a request to enter into an agreement with AI. Copies of the letters and the proposed agreements are attached. We received another signed agreement from Clyde Feuerstein. A copy of the signed agreement is attached. In response to the Division's review of the slope stability report (Allen Sorenson's March 12, 2009 memo), regarding the Suncor pipeline, Suncor was previously known as Conoco, and AI entered into an agreement with Conoco for the existing mine property which allows mining within 30 -feet of the pipeline. In conjunction with pipeline work that Suncor is currently proposing on the existing and amendment property, an amendment to the structure agreement was negotiated to include the new property, again providing for a 30 -foot set -back (although the mine limit for the amendment area will be 120 feet from their line). A copy of the agreement is attached. Additional Information Per your request the proof of notice to the following structure owners and surface owners within 200' was provided as follows: • Public Service — gas line, No. 22 on Sheet C-2 — Public Service is a subsidiary of Xcel Energy. Notice was sent to Xcel - see attached. • Snyder Oil — gas line, No. 28 on Sheet C-2 — Snyder Oil was purchased by Patina and Patina was purchased by Nobel Energy — notice was sent to Nobel, see attached. • Shark's Tooth Pipeline — water line, No. 41 on Sheet C-2 — notice was sent, see attached. • Ed Orr/Ed and Susie Ann Orr - Map # 2 and 2a on Sheet C-1 — notice was sent, see attached letter from Ed Orr verifying receipt of the notice. • S.L. and Shirley Klady are shown as Map #15 on sheet C-1 because they are within the notice area as required by Weld County. Their property is located within 200' of the existing permit area, but is outside the required DRMS 200' notice area for the proposed permit amendment areas. We are also continuing our dialog with the objectors. Connie Davis and I met with the Cannons and several of their neighbors yesterday evening. Mr. Cannon indicated that he will contact you to withdraw his objection. I will follow up and get him a copy of the withdrawal form. Please call if you need any additional information to complete your review. Thank you for assistance. RESOURCE CONSERVATION PARTNERS, LLC caPUJOitti,!-- 6)14 1 Barbara Brunk, Landscape Architect Manager CC: Weld County Clerk to the Board West Greeley Conservation District Weld County Commissioners 5AC22 1 Express Fed& naerna Number 8684 5768 8448 0. 0215 rota P veom,a,mw=tanom ete'�1 It-� V33:7) nen Sender's FedEx Account Number 'y DIAMOND EN 12 :..__.r 2495-6939-9 Phone Ott' l"'4yc _tur'I _ .v... r . ]dress I. "" ' Y 1 OldO't!ON7 our Internal Billing Reference r State ZIP p .neon IS rn E20 501 --eS 72 tcipient's ems acipient's _ idress I / - camm [mixer to Ya. news o, Po. ZIP codas (dress eeriest a oOsrete Or held au spend. FodEx Warm, prim Cease address nate. Phone ( 611x. 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E-mail notifications Delivered Initiated Picked up In transit Delivered Delivered Signed for by: D.WRIGHT Shipment Dates Destination Ship date O Mar 10, 2009 Delivery date 0 Mar 11, 2009 9:29 AM Shipment Facts Signature Proof of Dctir�„yr U, Service type Weight Priority Pak 1.0 lbs/0.5 kg Shipment Travel History Delivered to Receptionist/Front Desk Help Select time zone: I Select All shipment travel activity is displayed in local time for the location Date/Time Activity Location Mar 11, 2009 9:29 AM Mar 11, 2009 8:52 AM Mar 11, 2009 8:02 AM Mar 10, 2009 9:41 PM Mar 10, 2009 8:13 PM Mar 10, 2009 7:15 PM Mar 10, 2009 5:30 PM Delivered On FedEx vehicle for delivery GREELEY, CO At local FedEx facility GREELEY, CO At local FedEx facility DENVER, CO At dest sort facility DENVER, CO Left FedEx origin facility BOULDER, CO Picked up LONGMONT, CO Select time format: 12H I 24H Details Tendered at FedEx Kinko's IMo}inn FedEx Tracking: Learn about the new features. 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S A"sun 519 Wr L1 Page 1 of 1 Detailed Results Detailed Results Espanol I Customer Support I FedEx Locations Search Package/Envelope Freight Expedited Ship Notifications Track ► Manage Office/Print Services * Business Solutions Printable Version Help (Enter tracking number MIN Tracking no.: 868457688459 f0i E -mad notifications Delivered Initiated Picked up In transit Delivered Delivered Signed for by: D.BECHLER Shipment Dates Destination Ship date C7 Mar 10, 2009 Delivery date O Mar 11, 2009 9:47 AM Shipment Facts ��cndlstiiir?.r��+f L3�lvgry G Help Service type Weight Priority Pak 2.0 lbs/0.9 kg Shipment Travel History Delivered to Receptionist/Front Desk Help Select time zone: Select All shipment travel activity is displayed in local time for the location Date/Time Activity Location Mar 11, 2009 9:47 AM Mar 11, 2009 8:51 AM Mar 11, 2009 8:01 AM Mar 10, 2009 9:41 PM Mar 10, 2009 8:13 PM Mar 10, 2009 7:15 PM Mar 10, 2009 5:26 PM The new FedExi'` Tracking is here. Register for a chance to win hig! Delivered On FedEx vehicle for delivery GREELEY, CO At local FedEx facility GREELEY, CO At local FedEx facility DENVER, CO At dest sort facility DENVER, CO Left FedEx origin facility BOULDER, CO Picked up LONGMONT, CO Select time format: 12H l 24H Details Tendered at FedEx Kinko's leurmf inn FedEx Tracking: learn about the new features, Global Home I FedEx Mobile I Service Info I Aboul redEx ! Investor Relations i Careers I fedes.core Terms of Use i Privacy Policy Sile Map This site is protected by copyright and trademark laws under US and International law. All rights reserved.© 1995- 2009 FedEx • • • http://www.fedex.com/Tracking 3/11/2009 lid _ Express -ra en aar and pe,eeeera - tender's - 1� Sender's FedEx Account Number y� V 8684 5768 8437 P8„p. 0215 :smutty I 1 r e)C.ii'fly e_t-J ! iJ=PPP Eil_aa In)" .b ` l.I IS c.'1 (17.:11- FE Phone I "i i _ ICT.. (51 L L IsONc P'i0 r State ZIP our Internal Billing Reference s.,4thammesmnappe,nn°,ruice. 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Access all the tools you need. • 5 Packaging wFedEx nveI delope` FedEx 20ay Freight SeCOnd 5In.SSS. der eepY shornenls will fie delivered uness SATURDAY 0ew ° Monde°e solarise .e. FedEx Pak' PedEx Includes ana Pak Strap Pao Gnu 'Tutus mnni°na. Packages aver 150 lbs. FedEx allay Freight , fiord biomes day 5wu,.!e ay Nm seeded,. l FedEx I Other Tube 6 Special Handling SATURDAY Delivery HOLD Weekday { ,eiridra=Leieni a1 FedEx Location FaNra Overnigh (e6 Express FedE& ms Overnight tare,. m Feats nee rn,e,n floes thisshipeeps comet, dangamus goods? No f Yes Yes soppeap�P L pn,v 'dodo awn I„pp eaew, 7 Payment MEWEnlerFedEP Acct No. or Credit eed No. below. Sender ' Recipient Third Pal p, N, „,h„,„,„ !� N Party Credit Card bill eas lrnutry ensueman's, Op shropoa,n Seder peavee,ng -; HOLD Saturday at FedEx Location Na6Popmv awem,vu.na rwE. 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Byes,°e Nlsgndllypueereelplp wnere d°ieepnmebec, dne'A,pl0 and in to cu,mmrpaEeaari a Guide, met0neumrsnin"'.wda5Jry g Residential Delivery Signature Options II you legm,ea armoire shed tamer Prefect No Signature Direct Signature E Required e„ a„'ln,me ummp,r m _. ,.. wifitow Pavtusemavddme waning synet,e lot delivery Oar- ears swee.Pan nsenemi9se_spo PadE..Pewnen IN 5,N.err Indirect Signature e pe,ieia'sy ad t o 5],% Page 1 of 1 • FecEx Detailed Results Detailed Results 1 Espanol I Customer Support I FedEx Locations (Search Package/Envelope Freight Expedited Ship ► Track > Notifications Office/Print Services * Manage P Business Solutions Printabig Version Help (Enter tracking number Tracking no.: 868457688437 O E-mail notifications Delivered Initiated Picked up In transit Delivered Delivered Signed for by: C.BMOORE Shipment Dates Destination Signature Proof :of:0eiiv_ery: O Ship date O Mar 10, 2009 Delivery date O Mar 11, 2009 9:50 AM Shipment Facts Help Service type Weight Priority Pak 1.0 Ibs/0.5 kg Shipment Travel History Delivered to Receptionist/Front Desk Select time zone: I Select All shipment travel activity is displayed in local time for the location DatelTime Activity Location Mar 11, 2009 9:50 AM Mar 11, 2009 8:52 AM Mar 11, 2009 8:02 AM Mar 10, 2009 9:41 PM Mar 10, 2009 8:13 PM Mar 10, 2009 7:15 PM Mar 10, 2009 5:28 PM Delivered On FedEx vehicle for delivery At local FedEx facility At local FedEx facility At dest sort facility Left FedEx origin facility Picked up GREELEY, CO GREELEY, CO DENVER, CO DENVER, CO BOULDER, CO LONGMONT, CO Select time format: 1211 124H Details Tendered at FedEx Kinko's FedEx Tracking: Learn about the new features, Global Home I FedEx Mobile I Service Info I About FedEK I Investor Relations I Careers I fedex.com Turns of Use I Privacy Policy I Site Map This site is protected by copyright and trademark laws under US and International law. All rights reserved.© 1995- 2009 FedEx http:iiwww.fedex.comi T racking 3/11/2009 SAC 22 Express reef. coking Number 1:.21i' /- 8684 5768 8460 tie 0215 From please anapest eon I l u� y1 L AI ND l Phi x ;ompany 4ddress 0NG Your Internal Billing Reference rest Nebaremme mil .poor ware. e Sender's FedEx Account Number 2495— I7 Phone (1L � l �',; .T1oF H lo i� 'dacipienrs i, - a ; ti - 'demo r 9a press Package Service FedEx Priority Overnight Nort .m s reamer Fret, TT ell nu delivered un Monday Unless SATURDAY Deka,"rrx eel eel FedEx 2Day FedEx Exprwe ess Saver Secondbs wi n,Mnday saneay oelwvyrvor eviame i'SANoirsv Delm anted eren6Elve a nmimne Mmrmum'unargn One -pound uts 4h Express Freight Service FedEx l Day Freight' —. FedEx 2Day Freight I trot businesssday' Segue(' business day' nneay — nn Monday unless ssmaarAY Deanery's s,lanrm. unless SATURDAY Deliverynaaneied • LAIR Conarapin 5 Packaging FedEx Standard Overnight Sa a day Delivery Nm ova en u Packages up to I50lbs. 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Ann Pie or C,ed I Card Nu. below. — 4 3engerns c,„ Recipient j Third Party [ � Credit Card I, Cash/Check rpe I gill Labmca nks Acta No e Card ND Total Packages Total Weighs Total Declared Valuer S 00 teu.labin almoee to SIGN unless you declare a hennoune- see heckler derails ay ustne Nu 0uoat you agree ruck semeuooeaegns mane beckolluns Aiii,t and in the surrml Sedan Service Curse.Innib.no Terms ler omen, lability. 8 Residential Delivery Signature Options II peregrine a sgnemre, check Gunter Inflate No Signature 'J Required Parkegemevermh mmonl abnrnrioa pgeserre for pease, err Okla nurk.een 0159279 41994-70g6 FedE,PrIeTED IN V SA•SPF .bane wgnln Direct Signature Indirect Signature ale .['Scale ureiyhbocaie address ri may 519 Page 1 of 1 FecEx Detailed Results Detailed Results Espanol I Customer Support I FedEx Locations' Search Go Package/Envelope Freight Expedited Office/Print Services * Ship ► Track ► Notifications Manage P Business Solutions ► Prin ble. VersLea 'Enter tracking number Help Tracking no.: 868457688460 CO) E-mail notifications Delivered Initiated Picked up In transit Delivered Delivered Signed for by: E.P Shipment Dates Destination Ship date C Mar 10, 2009 Delivery date L7 Mar 11, 2009 9:20 AM Shipment Facts 5 nature Proof of -Delivery O Service type Weight Priority Pak 1.0 lbs/0.5 kg Shipment Travel History Delivered to Receptionist/Front Desk Hew Select time zone: I Select All shipment travel activity is displayed in local time for the location Date/Time Mar 11, 2009 9:20 AM Mar 11, 2009 8:36 AM Mar 11, 2009 6:40 AM Mar 10, 2009 9:41 PM Mar 10, 2009 8:13 PM Mar 10, 2009 7:15 PM Mar 10, 2009 5:29 PM Activity Location Delivered On FedEx vehicle for delivery DENVER, CO At local FedEx facility DENVER, CO At local FedEx facility DENVER, CO At dest sort facility DENVER, CO Left FedEx origin facility BOULDER, CO Picked up LONGMONT, CO Select time format: 12H I 24H Details Tendered at FedEx Kinko's In, line, FedEx Tracking: Learn duet the new features. View demo Global Home I FedEx Mobile I Service Info I About FeclEx Investor Relations I Careors ; tedex.coin 'farms nt Use I Privacy Policy ; Site Map This site is protected by copyright and trademark laws under US and International law. All rights reserved.© 1995- 2009 FedEx http://www.fedex.com/Tracking 3/11/2009 • • • LIST OF MINERAL OWNERS AND MINERAL LESSEES (Aggregate-Goetzel E2SW-29) Subject Property: Township 6 North, Range 66 West, 6th P.M., Weld County, Colorado Secs. 29: Lot A of Recorded Exemption No. 0805-29-3-RE247, recorded March 3, 1977 under Rec. No. 1712693, being a part of the EYzSW% Crews & Zeren, a mineral title company, states that to the best of its knowledge the following is a true and accurate list of the names and addresses of the mineral owners and mineral leasehold owners having an interest in the Subject Property, based upon the real property records of Weld County, Colorado, as verified through April 14, 2009. A facsimile or photocopy of this list shall, for all purposes, be as valid as the original hereof. Dated this 23'' day of April, 2009. Mineral Owners: Corabelle Goetzel 13451 WCR 64 Greeley, CO 80631 CREWS & ZEREN, LLC By: William G. Crews, CPL Certified Professional Landman #3477 Mineral Leasehold Owners: Noble Energy, Inc. 1625 Broadway, Suite 2000 Denver, CO 80202 P.O. Ba,L336337 GreeCe5, CO 80633-0606 Crews e1 Zeren, LLC Mineral Title Services (970) 351-0733 Page 1 of 2 jac (970) 351-0867 • • • By acceptance and use of this list, the client and its agents agree to all of the following: William G. Crews ("Crews") and Cynthia A. E. Zeren ("Zeren") are Certified Professional Landmen certified by the American Association of Petroleum Landmen who have been asked by Client or Client's agent to provide listings of mineral estate owners entitled to notice pursuant to §§ 24-65.5-103 or 31-23-215, C.R.S., as provided under the Surface Development Notification Act, Colorado Revised Statutes §24-65.5-101 et seq. Such lists will be prepared by Crews or Zeren, although the Client's contract is with, and all payments are due to, Crews & Zeren, LLC ("C&Z"), a Colorado limited liability company of which Crews and Zeren are the only members. Neither Crews nor Zeren is an attorney licensed to practice law. Crews and Zeren have agreed to prepare listings of mineral estate owners for the Client only if the Client agrees that the liability of Crews, Zeren and C&Z in connection with such services shall conclusively be limited to the amount paid by the Client to C&Z for such services. Crews, Zeren and C&Z make no warranty, express, implied or statutory, in connection with the accuracy, completeness or sufficiency of any such listing of mineral estate owners. In the event any such listing proves to be inaccurate, incomplete, insufficient or otherwise defective in any way whatsoever or for any reason whatsoever, the liability of Crews, Zeren and C&Z shall never exceed the actual amount paid by Client to C&Z for such listing. In order to induce Crews, Zeren and C&Z to provide such services, Client does hereby agree to indemnify and hold Crews, Zeren and C&Z harmless from and against all claims by all persons (including but not limited to Client) of whatever kind or character arising out of the preparation and use of each such listing of mineral estate owners, to the extent that such claims exceed the actual amount paid by Client to C&Z for such listing. Client specifically intends that both the foregoing limitation on liability and the foregoing indemnification shall be binding and effective without regard to the cause of the claim, inaccuracy or defect, including but not limited to, breach of representation, warranty or duty, any theory of tort or of breach of contract, or the fault or negligence of any party (including Crews, Zeren and C&Z) of any kind or character (regardless of whether the fault or negligence is sole, joint, concurrent, simple or gross). Crews e5'Zeren, LLC MineralTitle Services P.O. Box,336337 (970) 351-0733 Greeley, CO 80633-0606 Page 2 of 2 Fax (970) 351-0867 LIST OF MINERAL OWNERS AND MINERAL LESSEES (Aggregate-Goetzel NWNW-33) • • • Subject Property: Township 6 North, Range 66 West, 6th P.M., Weld County, Colorado Secs. 33: Lots A and B of Recorded Exemption No. 0805-33-2-RE978, recorded May 4, 1987 under Rec. No. 2098341, being the NW%NW'% Crews & Zeren, a mineral title company, states that to the best of its knowledge the following is a true and accurate list of the names and addresses of the mineral owners and mineral leasehold owners having an interest in the Subject Property, based upon the real property records of Weld County, Colorado, as verified through April, 2009. A facsimile or photocopy of this list shall, for all purposes, be as valid as the original hereof. Dated this 23`d day of April, 2009. Mineral Owners: Richard Goetzel 13489 WCR 66 Greeley, CO 80631 Harold C & Doris F. Buxman 14441 WCR 66 Greeley, CO 80631 Darlene L. & David M. Torkelson 213 53rd Avenue Ct. Greeley, CO 80634 CREWS & ZEREN, LLC By: William G. Crews, CPL Certified Professional Landman #3477 Frances H. Lindsley 508 W. Trilby Rd., #414 Ft. Collins, CO 80525 Janet L. Lorenz 5118 E. 5th Avenue Spokane, WA 99212 Mineral Leasehold Owners: Orr Resources, LLC 1813 61st Ave, Suite 200 Greeley, CO 80634 P.O. Box.336337 Greeley, CO 80633-0606 Crews efZeren, LLC Mineral. Tit%Services (970) 351-0733 Page 1 of 2 Fax (970) 351-0867 • • • By acceptance and use of this list, the client and its agents agree to all of the following: William G. Crews ("Crews") and Cynthia A. E. Zeren ("Zeren") are Certified Professional Landmen certified by the American Association of Petroleum Landmen who have been asked by Client or Client's agent to provide listings of mineral estate owners entitled to notice pursuant to §§ 24-65.5-103 or 31-23-215, C.R.S., as provided under the Surface Development Notification Act, Colorado Revised Statutes §24-65.5-101 et seq. Such lists will be prepared by Crews or Zeren, although the Client's contract is with, and all payments are due to, Crews & Zeren, LLC ("C&Z"), a Colorado limited liability company of which Crews and Zeren are the only members. Neither Crews nor Zeren is an attorney licensed to practice law. Crews and Zeren have agreed to prepare listings of mineral estate owners for the Client only if the Client agrees that the liability of Crews, Zeren and C&Z in connection with such services shall conclusively be limited to the amount paid by the Client to C&Z for such services. Crews, Zeren and C&Z make no warranty, express, implied or statutory, in connection with the accuracy, completeness or sufficiency of any such listing of mineral estate owners. In the event any such listing proves to be inaccurate, incomplete, insufficient or otherwise defective in any way whatsoever or for any reason whatsoever, the liability of Crews, Zeren and C&Z shall never exceed the actual amount paid by Client to C&Z for such listing. In order to induce Crews, Zeren and C&Z to provide such services, Client does hereby agree to indemnify and hold Crews, Zeren and C&Z harmless from and against all claims by all persons (including but not limited to Client) of whatever kind or character arising out of the preparation and use of each such listing of mineral estate owners, to the extent that such claims exceed the actual amount paid by Client to C&Z for such listing. Client specifically intends that both the foregoing limitation on liability and the foregoing indemnification shall be binding and effective without regard to the cause of the claim, inaccuracy or defect, including but not limited to, breach of representation, warranty or duty, any theory of tort or of breach of contract, or the fault or negligence of any party (including Crews, Zeren and C&Z) of any kind or character (regardless of whether the fault or negligence is sole, joint, concurrent, simple or gross). Crews d'Zeren, LGC MineralTit& Services P.O. Box336337 (970) 351-0733 Greeley, CO 80633-0606 Page 2 of 2 fax (970) 351-0867 • • • LIST OF MINERAL OWNERS AND MINERAL LESSEES (Aggregate-Orr-W2SW-29) W-29) Subject Property: Township 6 North, Range 66 West, 6th P.M.. Weld County, Colorado Secs. 29: That part of the W%zSW'% lying south of that strip of land conveyed in deed recorded in Book 31 at Page 324; excepting therefrom that parcel conveyed in deed recorded under Rec. No. 1594788 Crews & Zeren, a mineral title company, states that to the best of its knowledge the following is a true and accurate list of the names and addresses of the mineral owners and mineral leasehold owners having an interest in the Subject Property, based upon the real property records of Weld County, Colorado, as verified through April 14, 2009. A facsimile or photocopy of this list shall, for all purposes, be as valid as the original hereof. Dated this 23`' day of April, 2009. Mineral Owners: Ed Orr 1813 61st Ave, Suite 200 Greeley, CO 80634 P.O. Box336337 Greeley, CO 80633-0606 CREWS & ZEREN, LLC By: William G. Crews, CPL Certified Professional Landman #3477 Mineral Leasehold Owners: Noble Energy, Inc. 1625 Broadway, Suite 2000 Denver, CO 80202 Crews eh' Zeren, LLC Mineral.TitQ Services (970) 351-0733 Page 1 of 2 Fat (970) 351-0867 • • • By acceptance and use of this list, the client and its agents agree to all of the following: William G. Crews ("Crews") and Cynthia A. E. Zeren ("Zeren") are Certified Professional Landmen certified by the American Association of Petroleum Landmen who have been asked by Client or Client's agent to provide listings of mineral estate owners entitled to notice pursuant to §§ 24-65.5-103 or 31-23-215, C.R.S., as provided under the Surface Development Notification Act, Colorado Revised Statutes §24-65.5-101 et seq. Such lists will be prepared by Crews or Zeren, although the Client's contract is with, and all payments are due to, Crews & Zeren, LLC ("C&Z"), a Colorado limited liability company of which Crews and Zeren are the only members. Neither Crews nor Zeren is an attorney licensed to practice law. Crews and Zeren have agreed to prepare listings of mineral estate owners for the Client only if the Client agrees that the liability of Crews, Zeren and C&Z in connection with such services shall conclusively be limited to the amount paid by the Client to C&Z for such services. Crews, Zeren and C&Z make no warranty, express, implied or statutory, in connection with the accuracy, completeness or sufficiency of any such listing of mineral estate owners. In the event any such listing proves to be inaccurate, incomplete, insufficient or otherwise defective in any way whatsoever or for any reason whatsoever, the liability of Crews, Zeren and C&Z shall never exceed the actual amount paid by Client to C&Z for such listing. In order to induce Crews, Zeren and C&Z to provide such services, Client does hereby agree to indemnify and hold Crews, Zeren and C&Z harmless from and against all claims by all persons (including but not limited to Client) of whatever kind or character arising out of the preparation and use of each such listing of mineral estate owners, to the extent that such claims exceed the actual amount paid by Client to C&Z for such listing. Client specifically intends that both the foregoing limitation on liability and the foregoing indemnification shall be binding and effective without regard to the cause of the claim, inaccuracy or defect, including but not limited to, breach of representation, warranty or duty, any theory of tort or of breach of contract, or the fault or negligence of any party (including Crews, Zeren and C&Z) of any kind or character (regardless of whether the fault or negligence is sole, joint, concurrent, simple or gross). Crews *Zero; LLC MineralTitle Services P.O. Box336337 (970) 351-0733 Greeley, CO 80633-0606 Page 2 of 2 Fax (970) 351-0867 • • • LIST OF MINERAL OWNERS AND MINERAL LESSEES (Aggregate -Orr PANE/4-32) Subject Property: Township 6 North, Range 66 West, 6th P.M., Weld County, Colorado Secs. 32 & 33: Lot B of Recorded Exemption No. 0805-32-1-RE1539, recorded October 28, 1993 in Book 1408 as Reception No. 2357087 being a part of the East Half of the Northeast Quarter of Section 32 and the Southwest Quarter of the Northwest Quarter of Section 33, Township 6 North, Range 66 West of the 6th P.M. County of Weld, State of Colorado. EXCEPTING THEREFROM a parcel of land conveyed to Weld County, Colorado by deed recorded October 12, 1989 in Book 1246 as Reception No. 2194429. Crews & Zeren, a mineral title company, states that to the best of its knowledge the following is a true and accurate list of the names and addresses of the mineral owners and mineral leasehold owners having an interest in the Subject Property, based upon the real property records of Weld County, Colorado, as verified through April 14, 2009. A facsimile or photocopy of this list shall, for all purposes, be as valid as the original hereof. Dated this 23rd day of April, 2009. Mineral Owners: Orr Resources, LLC 1813 61st Ave, Suite 200 Greeley, CO 80634 Union Central Life Insurance Company P.O. Box 40888 Cincinnati, OH 45240-0888 CREWS & ZEREN, LLC By: William G. Crews, CPL Certified Professional Landman #3477 Mineral Leasehold Owners: Orr Energy, LLC 1813 61st Ave, Suite 200 Greeley, CO 80634 Crews ey Zeren, LLC MineralTitke Services P.O. Box336337 (970) 351-0733 Greeley, CO 80633-0606 Page 1 of 2 Fax (970) 351-0867 • • • By acceptance and use of this list, the client and its agents agree to all of the following: William G. Crews ("Crews") and Cynthia A. E. Zeren ("Zeren") are Certified Professional Landmen certified by the American Association of Petroleum Landmen who have been asked by Client or Client's agent to provide listings of mineral estate owners entitled to notice pursuant to §§ 24-65.5-103 or 31-23-215, C.R.S., as provided under the Surface Development Notification Act, Colorado Revised Statutes §24-65.5-101 et seq. Such lists will be prepared by Crews or Zeren, although the Client's contract is with, and all payments are due to, Crews & Zeren, LLC ("C&Z"), a Colorado limited liability company of which Crews and Zeren are the only members. Neither Crews nor Zeren is an attorney licensed to practice law. Crews and Zeren have agreed to prepare listings of mineral estate owners for the Client only if the Client agrees that the liability of Crews, Zeren and C&Z in connection with such services shall conclusively be limited to the amount paid by the Client to C&Z for such services. Crews, Zeren and C&Z make no warranty, express, implied or statutory, in connection with the accuracy, completeness or sufficiency of any such listing of mineral estate owners. In the event any such listing proves to be inaccurate, incomplete, insufficient or otherwise defective in any way whatsoever or for any reason whatsoever, the liability of Crews, Zeren and C&Z shall never exceed the actual amount paid by Client to C&Z for such listing. In order to induce Crews, Zeren and C&Z to provide such services, Client does hereby agree to indemnify and hold Crews, Zeren and C&Z harmless from and against all claims by all persons (including but not limited to Client) of whatever kind or character arising out of the preparation and use of each such listing of mineral estate owners, to the extent that such claims exceed the actual amount paid by Client to C&Z for such listing. Client specifically intends that both the foregoing limitation on liability and the foregoing indemnification shall be binding and effective without regard to the cause of the claim, inaccuracy or defect, including but not limited to, breach of representation, warranty or duty, any theory of tort or of breach of contract, or the fault or negligence of any party (including Crews, Zeren and C&Z) of any kind or character (regardless of whether the fault or negligence is sole, joint, concurrent, simple or gross). Crews eh' Zeren, LW MineralTit&e Services P.O. Box336337 (970) 351-0733 Greeley, CO 80633-0606 Page 2 of 2 fax (970) 351-0867 LIST OF MINERAL OWNERS AND MINERAL LESSEES (Aggregate -Western Parcel -32) • • • Subject Property: Township 6 North, Ranee 66 West, 6th P.M., Weld County, Colorado Secs. 32: That part of the NYz and NY%S%z lying north of the Cache La Poudre River and west of the following described line: Commencing at the northeast corner of said Section 32 and considering the north line of said Section 32 to bear N 90°00'00" W and with all other bearings described herein being relative thereto; thence N 90°00'00" W along the north line of said Section 32 a distance of 1,918.10 feet to the true point of beginning; thence S 00°45'07" E, 1,140.00 feet, more or less, to the existing center of the Cache La Poudre River and the terminus of the line: EXCEPT that parcel of land as conveyed to Roxena Von Trotha by Warranty deed dated November 18, 1965 and recorded November 24, 1965 in Book 554 as Reception No. 1476288, Weld County records, EXCEPT That parcel of land as conveyed to D and D Investment Company by quit claim deed dated November 27, 1974 and recorded November 29, 1974 in Book 727 as Reception No. 1649367, Weld County records. EXCEPT that parcel of land conveyed to Weld County. Colorado, a body corporate and politic, in warranty deed recorded June 12, 1980 in Book 905 as Reception No. 1827326, described as follows: A tract of land in the W/2 of said Section 32 and being more particularly described as follows: Beginning at the northwest corner of said Section 32 and running along the west line of Section 32 S 0°00'19" W 2,249 feet more or less to the center of the Cache La Poudre River; thence S 71°00'00" E along the center of the Cache La Poudre River 31.73 feet to the east right- of-way line of Weld County Road 27 to the point of beginning; thence S 71°00'00" E along the center of the Cache La Poudre River 8.85 feet to a point; thence N 0°45'56" W 622.93 feet to a point on the east right-of-way line of Weld County Road 27; thence along the east right-of-way line of Weld County Road 27, S 0°00'19" W 619.99 feet to the true point of beginning. Crews & Zeren, a mineral title company, states that to the best of its knowledge the following is a true and accurate list of the names and addresses of the mineral owners and mineral leasehold owners having an interest in the Subject Property, based upon the real property records of Weld County, Colorado, as verified through April 14, 2009. A facsimile or photocopy of this list shall, for all purposes, be as valid as the original hereof. Dated this 23'° day of April, 2009. CREWS & ZEREN, LLC By: William G. Crews, CPL Certified Professional Landman #3477 Crews es' Zeren, !LC Minera[Title Services P.O. Box336337 (970) 351-0733 Greeley, CO 80633-0606 Page 1 of 3 fax (970) 351-0867 • • • Mineral Owners: Denver Aggregates, Inc. 1707 Cole Blvd., #100 Golden, CO 80235 Orr Resources, LLC 1813 61st Ave, Suite 200 Greeley, CO 80634 Harrison Resource Corporation 2725 Rocky Mountain Ave. Loveland, CO 80538 William H. Webster 1850 26th Avenue Greeley, CO 80634 James E. Whitmore 3337 So. Xanthia Ct. Denver, CO 8031 P.O. Box336337 Greeley, CO 80633-0606 Mineral Leasehold Owners: Noble Energy, Inc. 1625 Broadway, Suite 2000 Denver, CO 80202 Crews e3' Zeren, LLC Mineral -Mk Services (970) 351-0733 Page 2 of 3 Fax (970) 351-0867 • By acceptance and use of this list, the client and its agents agree to all of the following: William G. Crews ("Crews") and Cynthia A. E. Zeren ("Zeren") are Certified Professional Landmen certified by the American Association of Petroleum Landmen who have been asked by Client or Client's agent to provide listings of mineral estate owners entitled to notice pursuant to §§ 24-65.5- 103 or 31-23-215, C.R.S., as provided under the Surface Development Notification Act, Colorado Revised Statutes §24-65.5-101 et seq. Such lists will be prepared by Crews or Zeren, although the Client's contract is with, and all payments are due to, Crews & Zeren, LLC ("C&Z"), a Colorado limited liability company of which Crews and Zeren are the only members. Neither Crews nor Zeren is an attorney licensed to practice law. Crews and Zeren have agreed to prepare listings of mineral estate owners for the Client only if the Client agrees that the liability of Crews, Zeren and C&Z in connection with such services shall conclusively be limited to the amount paid by the Client to C&Z for such services. Crews, Zeren and C&Z make no warranty, express, implied or statutory, in connection with the accuracy, completeness or sufficiency of any such listing of mineral estate owners. In the event any such listing proves to be inaccurate, incomplete, insufficient or otherwise defective in any way whatsoever or for any reason whatsoever, the liability of Crews, Zeren and C&Z shall never exceed the actual amount paid by Client to C&Z for such listing. In order to induce Crews, Zeren and C&Z to provide such services, Client does hereby agree to indemnify and hold Crews, Zeren and C&Z harmless from and against all claims by all persons (including but not limited to Client) of whatever kind or character arising out of the preparation and use of each such listing of mineral estate owners, to the extent that such claims exceed the actual amount paid by Client to C&Z for such listing. Client specifically intends that both the foregoing limitation on liability and the foregoing indemnification shall be binding and effective without regard to the cause of the claim, inaccuracy or defect, including but not limited to, breach of representation, warranty or duty, any theory of tort or of breach of contract, or the fault or negligence of any party (including Crews, Zeren and C&Z) of any kind or character (regardless of whether the fault or negligence is sole, joint, concurrent, simple or gross). Crews &Zeren, LLC MineralTitle Services P.O. Box336337 (970) 351-0733 Greeley, CO 80633-0606 Page 3 of 3 fax (970) 351-0867 • • LIST OF MINERAL OWNERS AND MINERAL LESSEES (Aggregate -Western Parcel -32) • • • Subject Property: Township 6 North, Range 66 West, 6th P.M., Weld County, Colorado Secs. 32: That part of the N'// and N1/2S% lying north of the Cache La Poudre River and west of the following described line: Commencing at the northeast corner of said Section 32 and considering the north line of said Section 32 to bear N 90°00'00" W and with all other bearings described herein being relative thereto; thence N 90°00'00" W along the north line of said Section 32 a distance of 1,918.10 feet to the true point of beginning; thence S 00°45'07" E, 1,140.00 feet, more or less, to the existing center of the Cache La Poudre River and the terminus of the line: EXCEPT that parcel of land as conveyed to Roxena Von Trotha by Warranty deed dated November 18, 1965 and recorded November 24, 1965 in Book 554 as Reception No. 1476288, Weld County records, EXCEPT That parcel of land as conveyed to D and D Investment Company by quit claim deed dated November 27, 1974 and recorded November 29, 1974 in Book 727 as Reception No. 1649367, Weld County records. EXCEPT that parcel of land conveyed to Weld County. Colorado, a body corporate and politic, in warranty deed recorded June 12, 1980 in Book 905 as Reception No. 1827326, described as follows: A tract of land in the W/2 of said Section 32 and being more particularly described as follows: Beginning at the northwest corner of said Section 32 and running along the west line of Section 32 S 0°00'19" W 2,249 feet more or less to the center of the Cache La Poudre River; thence S 71°00'00" E along the center of the Cache La Poudre River 31.73 feet to the east right- of-way line of Weld County Road 27 to the point of beginning; thence S 71°00'00" E along the center of the Cache La Poudre River 8.85 feet to a point; thence N 0°45'56" W 622.93 feet to a point on the east right-of-way line of Weld County Road 27; thence along the east right-of-way line of Weld County Road 27, S 0°00'19" W 619.99 feet to the true point of beginning. Crews & Zeren, a mineral title company, states that to the best of its knowledge the following is a true and accurate list of the names and addresses of the mineral owners and mineral leasehold owners having an interest in the Subject Property, based upon the real property records of Weld County, Colorado, as verified through January 14, 2008. A facsimile or photocopy of this list shall, for all purposes, be as valid as the original hereof. Dated this 22nd day of January, 2008. CREWS & ZEREN, LLC By: William G. Crews, CPL Certified Professional Landman #3477 Crews e5' Zeren, LLC Mineral Title Services P.O. Box336337 (970) 351-0733 Greeley, CO 80633-0606 Page 1 of 3 Fax (970) 351-0867 • • • • • Mineral Owners: Denver Aggregates, Inc. 1707 Cole Blvd., #100 Golden, CO 80235 Aggregate Industries - WCR, Inc. 1707 Cole Blvd., #100 Golden, CO 80235 Harrison Resource Corporation 2725 Rocky Mountain Ave. Loveland, CO 80538 William H. Webster 1850 26th Avenue Greeley, CO 80634 James E. Whitmore 3337 So. Xanthia Ct. Denver, CO 8031 Mineral Leasehold Owners: Noble Energy, Inc. 1625 Broadway, Suite 2000 Denver, CO 80202 P.O. Box336337 Greeley, CO 80633-0606 Crews ey Zeren, LLC Mineral Tit& Services Page 2 of 3 (970) 351-0733 Fax (970) 351-0867 • • • By acceptance and use of this list, the client and its agents agree to all of the following: William G. Crews ("Crews") and Cynthia A. E. Zeren ("Zeren") are Certified Professional Landmen certified by the American Association of Petroleum Landmen who have been asked by Client or Client's agent to provide listings of mineral estate owners entitled to notice pursuant to §§ 24-65.5- 103 or 31-23-215, C.R.S., as provided under the Surface Development Notification Act, Colorado Revised Statutes §24-65.5-101 et seq. Such lists will be prepared by Crews or Zeren, although the Client's contract is with, and all payments are due to, Crews & Zeren, LLC ("C&Z"), a Colorado limited liability company of which Crews and Zeren are the only members. Neither Crews nor Zeren is an attorney licensed to practice law. Crews and Zeren have agreed to prepare listings of mineral estate owners for the Client only if the Client agrees that the liability of Crews, Zeren and C&Z in connection with such services shall conclusively be limited to the amount paid by the Client to C&Z for such services. Crews, Zeren and C&Z make no warranty, express, implied or statutory, in connection with the accuracy, completeness or sufficiency of any such listing of mineral estate owners. In the event any such listing proves to be inaccurate, incomplete, insufficient or otherwise defective in any way whatsoever or for any reason whatsoever, the liability of Crews, Zeren and C&Z shall never exceed the actual amount paid by Client to C&Z for such listing. In order to induce Crews, Zeren and C&Z to provide such services, Client does hereby agree to indemnify and hold Crews, Zeren and C&Z harmless from and against all claims by all persons (including but not limited to Client) of whatever kind or character arising out of the preparation and use of each such listing of mineral estate owners, to the extent that such claims exceed the actual amount paid by Client to C&Z for such listing. Client specifically intends that both the foregoing limitation on liability and the foregoing indemnification shall be binding and effective without regard to the cause of the claim, inaccuracy or defect, including but not limited to, breach of representation, warranty or duty, any theory of tort or of breach of contract, or the fault or negligence of any party (including Crews, Zeren and C&Z) of any kind or character (regardless of whether the fault or negligence is sole, joint, concurrent, simple or gross). Crews es' Zerery LLC Mineral Title Services P.O. Box336337 (970) 351-0733 Greeley, CO 80633-0606 Page 3 of 3 Tai (970) 351-0867 • • LIST OF MINERAL OWNERS AND MINERAL LESSEES (Aggregate-Orr-W2SW-29) • • • Subject Property: Township 6 North, Range 66 West, 6th P.M., Weld County, Colorado Secs. 29: That part of the W'/ZSW' lying south of that strip of land conveyed in deed recorded in Book 31 at Page 324; excepting therefrom that parcel conveyed in deed recorded under Rec. No. 1594788 Crews & Zeren, a mineral title company, states that to the best of its knowledge the following is a true and accurate list of the names and addresses of the mineral owners and mineral leasehold owners having an interest in the Subject Property, based upon the real property records of Weld County, Colorado, as verified through January 14, 2008. A facsimile or photocopy of this list shall, for all purposes, be as valid as the original hereof. Dated this 215t day of January, 2008. Mineral Owners: Ed Orr 826 9th Street Greeley, CO 80631 CREWS & ZEREN, LLC By: William G. Crews, CPL Certified Professional Landman #3477 Mineral Leasehold Owners: Noble Energy, Inc. 1625 Broadway, Suite 2000 Denver, CO 80202 P.O. Bax336337 Greeley, CO 80633-0606 Crews e4' Zeren, LLC MineralTit&e Services (970) 351-0733 Page 1 of 2 Fax (970) 351-0867 • • • By acceptance and use of this list, the client and its agents agree to all of the following: William G. Crews ("Crews") and Cynthia A. E. Zeren ("Zeren") are Certified Professional Landmen certified by the American Association of Petroleum Landmen who have been asked by Client or Client's agent to provide listings of mineral estate owners entitled to notice pursuant to §§ 24-65.5-103 or 31-23-215, C.R.S., as provided under the Surface Development Notification Act, Colorado Revised Statutes §24-65.5-101 et seq. Such lists will be prepared by Crews or Zeren, although the Client's contract is with, and all payments are due to, Crews & Zeren, LLC ("C&Z"), a Colorado limited liability company of which Crews and Zeren are the only members. Neither Crews nor Zeren is an attorney licensed to practice law. Crews and Zeren have agreed to prepare listings of mineral estate owners for the Client only if the Client agrees that the liability of Crews, Zeren and C&Z in connection with such services shall conclusively be limited to the amount paid by the Client to C&Z for such services. Crews, Zeren and C&Z make no warranty, express, implied or statutory, in connection with the accuracy, completeness or sufficiency of any such listing of mineral estate owners. In the event any such listing proves to be inaccurate, incomplete, insufficient or otherwise defective in any way whatsoever or for any reason whatsoever, the liability of Crews, Zeren and C&Z shall never exceed the actual amount paid by Client to C&Z for such listing. In order to induce Crews, Zeren and C&Z to provide such services, Client does hereby agree to indemnify and hold Crews, Zeren and C&Z harmless from and against all claims by all persons (including but not limited to Client) of whatever kind or character arising out of the preparation and use of each such listing of mineral estate owners, to the extent that such claims exceed the actual amount paid by Client to C&Z for such listing. Client specifically intends that both the foregoing limitation on liability and the foregoing indemnification shall be binding and effective without regard to the cause of the claim, inaccuracy or defect, including but not limited to, breach of representation, warranty or duty, any theory of tort or of breach of contract, or the fault or negligence of any party (including Crews, Zeren and C&Z) of any kind or character (regardless of whether the fault or negligence is sole, joint, concurrent, simple or gross). Crews eh' Zeren, LLC Minera[Title Services P.O. Bax336337 (970) 351-0733 Greeley, CO 80633-0606 Page 2 of 2 jars (970) 351-0867 E?:41, November 24, 2008 Shark's Tooth Pipe Line Company 30953 WCR 27 Greeley, CO 80631 RE: Manmade structures within 200' of Riverview Resources Sand and Gravel Mine Site, located within Sections 29, 32 and 33, T6/N, R66W of the 6t" P.M., Weld County, Colorado, Colorado Division. of Reclamation, Mining & Safety, Regular 112 Operation Permit M-1999-098 and Weld County Use by Special Review Permit 2n AmUSR-897 Dear Shark's Tooth Pipe Line Company: Aggregate Industries-WCR, Inc. has applied for amendments to its existing perm€ts to mine sand and gravel as referenced above. We are notifying you because you have been identified as owning a manmade structure within 200' of the amended permitted area for Riverview Resource mining site, Tetra Tech Inc. preformed a stability analysis of the site to determine appropriate setbacks from permanent man made structures within 200' of the mining area. The attached stability report and map identify the structures and appropriate setbacks. Please contact us immediately If you have an interest in a permanent man made structure within 200' that Is not identified on the attached list. Aggregate Industries will maintain setbacks as identified in the attached report. While mining following these minimum setbacks should not pose a hazard to nearby structures, we are enclosing an Agreement that states that we will fully repair, or we will provide full compensation for, any damage caused by the mining operation to a permanent man-made structure that you own within 200 feet of the affected land. Please return the executed agreement by December 15, 2008, to Connie Davis at the address below, or if you have any questions or comments please contact her by that date. The agreement will then be signed by Aggregate Industries and a copy of the fully executed document returned to you. If we do not hear from you by December 15, 2008 your agreement with the setbacks as outlined in the attached report will be assumed, Aggregate Industries C/o Connie Davis P.O. Box 337231 Greeley, CO 80633 Phone: 970.336.6526 Fax: 970.378.6856 Thank you for your attention to this matter. Sincerely, RESOURCE CONSERVATION PARTNERS, LLC i intr. Barbara Brunk, Manager RESOURCE CONSERVATION PARTNERS, LLC p.o.box l 522,Iongmont,colorado 80502.tel 303.532.2262.fax 702,0585303 AGREEMENT TO MINE WITHIN 200 FEET OF PERMANENT MAN-MADE STRUCTURES THIS AGREEMENT, entered into by and between Aggregate Industries -WCR, Inc., hereinafter called "Aggregate Industries", whose address is 1707 Cole Blti'd,, Golden, Colorado 80401, and: Shark's Tooth Pipe Line Company, 30953 WCR 27, Greeley, CO 80631, hereinafter referred to as the "Structure Owner". The Colorado Mined Land Reclamation Act requires that landowners adjacent to a proposed mining operation be informed about the mine and the reclamation. Further, the Act provides protection for structures that are within 200 feet of a mining operation. Aggregate Industries, is submitting an amendment application to the State of Colorado for its Division of Minerals and Geology Regular 112 Operation Pennit M-1999-098 and an amendment application to Weld County for Use by Special Review Permit 2°`i AmUSR-897, forsand and gravel mining located within Sections 29, 32 and 33, T6lN, R66W of the ben P.M., Weld County, Colorado. The Structure Owner owns a permanent man-ruade structure or structures within 200 feet of the land affected by the mining and reclamation operations. The description of the structure(s) is as follows: water line, as shown on Exhibit C, Sheet 2 of the Mining Plan Map Amendment to M1999-098. By this agreement Aggregate Industries commits that, if its mining operation causes damages to Structure Owner's structure(s) within 200 feet of such operations, Aggregate Industries will repair or replace such structure(s) or compensate Structure Owner for the value of said structure(s). The parties hereto acknowledge and agree to the above -stated items. AGREED: Structure Owner: Shark's Tooth Pipeline Company Structure Owner Signature State Of Colorado ) ) ss. County of ) Date: The foregoing instrument was acknowledged before me this day of , 2008, by as of (S EA L) My Commission expires: Notary Public • • • • • Agreement to Mine Within 200 Feet of Permanent Man -Made Structures Aggregate Industries - WCR, Inc./Shark's Tooth Pipeline Company Page Two Aggregate Industries - WCR, Inc. By: — Date: State Of Colorado County of ) ss. The foregoing instrument was acknowledged before me this day of , 2008, by as of Aggregate Industries - WCR, Inc. (SEAL) My Commission expires: Notary Public CELL .4 PERMftNENT MAN—MfoE STRUCTURES NITHIN 200 FEET OF THE 74\FFECTED L,°ND (,A MEN17MENT AE.) Ha. 5trvct.re 5trvxtvre Owner Setback from Proposed High Nail (Peet) Recomm. Setback based on Stabl1lty AnaIpIs (Feet) WEST MINE LIMITS TALLER HIGHINALL II 5URIED IRRIGATION LAiEKAL CLYDE I UR5TEIN 4 ROBERT BROWN 15 15 20 6A5 L1NE5 NOBEL , 15 "15 2IA SAS LINE OOP -MIDSTREAM 15 15 21 GA5 LINE r.,tA1G0R ENERGY 120 15 22 GA5 LIH>w PUBLIC SERVICE 1"10 '15 22A PIP LINE EASEMENT KINDER MORGAN 80 15 NORTH MINE LIMIT TALLER H1CHWALL 23 BURIED IRR, LATERAL GOETZEL "15 -75 _ -~ 24 HIGH PI'.E5SURE GA5 LINE XCEL ENERGY 100 ?5 Z5 GAS YELL NO®EL I25 15 26 RAILROAD TRACKS G' d T III :..1' tlp.• rip. OF COLORADO, LLC (OMNITRAX) 140 . 15 21 OVERHEAD UTILITIES _ XCEL ENERGY 110 15 26 GAS LINE SNYDER OIL 200 _ 15 21 NOBEL .200 '75 TANK BA I I EKT. EAST MINE LIMIT TALLER HIGHHALL 50 GAS LINE ' DGP-MIDSTREAM ?'3 15 31 FENCE 60E 1'ZEL 80 15 32 IRRIGATION LATERAL 60ETZEL v 85 15 33 RECENTLY PR1LEU 6A5 NOBEL 15 15 +v SOUTH MINE .LIMIT TALLER HIGHWALL 34 FARM HOUSE $ 6l -P65, 80 - 200 '75 GORAELLE SOE I [CL 35 •GAS LIME ATMOS 15 15 36 II<'RI&AT1ON LATERAL 60ETZEL • ao 15 3"1 TELEPHONE LINE QV ST 40 15 50 VIGR 174 (0 STREET) P" ELP COUNTY Gs 15 3C1 OVERHEAD POVIERLINE XGEL ENERGY 140 15 40 TELEPI-1oNE LINE . .I EST 140 15 41 WATER LINE SHARKSUOTH PIPELINE 120 ;'t5 42 HOUSE TRACY TODD 110 "15 45 FARM HOUSE 4 BJILDIN 'S ALLISON BROWNLEEr 10-200 15 44 GA5 L11 NOBEL/t?CP-MIDSTREAM 15 15 45 TANK BATTERY NOBEL 15 15 46. STORMS LAKE DRAINAGE GAL X IRRIGATION CO. 120 '75 41 OVERHEAD ELEGTF?IC WESTERN AREA POWER 2c10 15 November 24, 2008 Western Area Power Authority 5555 E Crossroads Loveland, CO 80538-8986 RE; Manmade structures within 200' of Riverview Resources Sand and Gravel Mine Site, located within Sections 29, 32 and 33, T6/N, R66W of the 6th P.M., Weld County, Colorado, Colorado Division of Reclamation, Mining & Safety, Regular 112 Operation Permit M-1999-098 and Weld County Use by Special Review Permit 2nd AmUSR-897 Dear Western Air Power Authority: Aggregate Industries-WCR, Inc. has applied for amendments to its existing permits to mine sand and gravel as referenced above. We are notifying you because you have been identified as owning a manmade structure within 200' of the amended permitted area for Riverview Resource mining site. Tetra Tech Inc. preformed a stability analysis of the site to determine appropriate setbacks from permanent man made structures within 200' of the mining area. The attached stability report and map identify the structures and appropriate setbacks. Please contact us immediately if you have an interest in a permanent man made structure within 200' that is not identified on the attached list. Aggregate Industries will maintain setbacks as identified in the attached report. While mining following these minimum setbacks should not pose a hazard to nearby structures, we are enclosing an Agreement that states that we will fully repair, or we will provide full compensation for, any damage caused by the mining operation to a permanent man-made structure that you own within 200 feet of the affected land. Please return the executed agreement by December 15, 2008, to Connie Davis at the address below, or if you have any questions or comments please contact her by that date. The agreement will then be signed by Aggregate Industries and a copy of the fully executed document returned to you. If we do not hear from you by December 15, 2008 your agreement with the setbacks as outlined in the attached report will be assumed. Aggregate Industries C/o Connie Davis P.O. Box 337231 Greeley, CO 80633 Phone; 970.336.6526 Fax: 970.378.6856 Thank you for your attention to this matter. Sincerely, RESOURCE CONSERVATION PARTNERS, LLC 2bovco_--16,7/4,4 Barbara Brunk, Manager RESOURCE CONSERVATION PARTNERS, LLG p.o.box1522,1ongmon ,colorado 80502.tel 303.532.2262.fax 702.0585303 • • r November 24, 2008 The Greeley Irrigation Company 1135 8th Ave Greeley, CO 80631 RE: Manmade structures within 200' of Riverview Resources Sand and Gravel Mine Site, located within Sections 29, 32 and 33, T6/N, R66W of the 69' P.M., Weld County, Colorado, Colorado Division of Reclamation, Mining & Safety, Regular 112 Operation Permit M-1999-098 and Weld County Use by Special Review Permit 2°d AmUSR-897 Dear The Greeley Irrigation Company: Aggregate Industries-WCP., Inc. has applied for amendments to its existing permits to mine sand and gravel as referenced above. We are notifying you because you have been identified as owning a manmade structure within 200' of the amended permitted area for Riverview Resource mining site. Tetra Tech Inc. preformed a stability analysis or the site to determine appropriate setbacks from permanent man made structures within 200' of the mining area, The attached stability report and map identify the structures and appropriate setbacks. Please contact us Immediately If you have an Interest in a permanent man made structure within 200' that is not identified on the attached list. Aggregate Industries will maintain setbacks as identified in the attached report. While mining following these minimum setbacks should not pose a hazard to nearby structures, we are enclosing an Agreement that states that we will fully repair, or we will provide full compensation for, any damage caused by the mining operation to a permanent man-made structure that you own within 200 feet of the affected land. Please return the executed agreement by December 15, 2008, to Connie Davis at the address below, or if you have any questions or comments please contact her by that date. The agreement will then be signed by Aggregate Industries and a copy of the fully executed document returned to you. If we do not hear from you by December 15, 2008 your agreement with the setbacks as outlined in the attached report will be assumed. Aggregate industries C/o Connie Davis P.O. Box 337231 Greeley, CO 80633 Phone: 970.336.6526 Fax: 970.378.6856 Thank you for your attention to this matter. Sincerely, RESOURCE CONSERVATION PARTNERS, LLC bri,4 !It Barbara Brunk, Manager RESOURCE CONSERVATION PARTNERS, LLC p.o.bor. 1 522,iangmoni,colorado 80502.tel 303.532.2262.fax 702.0585303 El:0.40 November 24, 2008 ATMOS Energy Corporation PO BOX 650205 Dallas, TX 75265-0205 RE: Manmade structures within 200' of Riverview Resources Sand and Gravel Mine Site, located within Sections 29, 32 and 33, T6/N, R66W of the 6th P.M., Weld County, Colorado, Colorado Division of Reclamation, Mining & Safety, Regular 112 Operation Permit M-1999-098 and Weld County Use by Special Review Permit 2n° AmUSR-897 Dear ATMOS Energy Corporation: Aggregate Industries-WCR, Inc. has applied for amendments to its existing permits to mine sand and gravel as referenced above. We are notifying you because you have been identified as owning a manmade structure within 200' of the amended permitted area for Riverview Resource mining site. Tetra Tech Inc. preformed a stability analysis of the site to determine appropriate setbacks from permanent man made structures within 200' of the mining area. The attached stability report and map identify the structures and appropriate setbacks. Please contact us Immediately if you have an interest in a permanent man made structure within 200' that is not identified on the attached list. Aggregate Industries will maintain setbacks as identified in the attached report. While mining following these minimum setbacks should not pose a hazard to nearby structures, we are enclosing an Agreement that states that we will fully repair, or we will provide full compensation for, any damage caused by the mining operation to a permanent man-made structure that you own within 200 feet of the affected land. Please return the executed agreement by December 15, 2008, to Connie Davis at the address below, or if you have any questions or comments please contact her by that date. The agreement will then be signed by Aggregate Industries and a copy of the fully executed document returned to you. If we do not hear from you by December 15, 2008 your agreement with the setbacks as outlined in the attached report will be assumed. Aggregate Industries C/o Connie Davis P.O. Box 337231 Greeley, CO 80633 Phone: 970,336.6526 Fax: 970.378.6856 Thank you for your attention to this matter. Sincerely, RESOURCE CONSERVATION PARTNERS, LLC bo(lzue- ,r4T`. Barbara Brunk, Manager RESOURCE CONSERVATION PARTNERS, LLC c.box 1522,Iongmont.colorodo 80502.iel 303.532.2262.fax 702.C585303 Er• November 24, 2008 Clyde Feuerstein & Robert Brown go Clyde Feuerstein 602 23rd St. Apt 105 Greeley, CO 80631-1673 RE: Manmade structures within 200' of Riverview Resources Sand and Gravel Mine Site, located within Sections 29, 32 and 33, T6/N, R66W of the 6th P.M., Weld County, Colorado, Colorado Division of Reclamation, Mining f3k Safety, Regular 112 Operation Permit M-1999-098 and Weld County Use by Special Review Permit 2nd AmUSR-897 Dear Mr. Feuerstein: Aggregate Industries•WCR, Inc. has applied for amendments to its existing permits to mine sand and gravel as referenced above. We are notifying you because you have been identified as owning a manmade structure within 200' of the amended permitted area for Riverview Resource mining site. Tetra Tech Inc. preformed a stability analysis of the site to determine appropriate setbacks from permanent man made structures within ZOO' of the mining area. The attached stability report and map identify the structures and appropriate setbacks. Please contact us immediately if you have an interest in a permanent man made structure within 200' that Is not identified on the attached list. Aggregate Industries will maintain setbacks as identified in the attached report. While mining following these minimum setbacks should not pose a hazard to nearby structures, we are enclosing an Agreement that states that we will fully repair, or we will provide full compensation for, any damage caused by the mining operation to a permanent man-made structure that you own within 200 feet of the affected land. Please return the executed agreement by December 15, 2008, to Connie Davis at the address below, or if you have any questions or comments please contact her by that date. The agreement will then be signed by Aggregate Industries and a copy of the fully executed document returned to you. If we do not hear from you by December 15, 2008 your agreement with the setbacks as outlined in the attached report will be assumed. Aggregate Industries C/o Connie Davis P.O. Box 337231 Greeley, CO 80633 Phone: 970.336.6526 Fax: 970.378.6856 Thank you for your attention to this matter. Sincerely, RESOURCE CONSERVATION PARTNERS, LLC 6W4--1 Barbara Brunk, Manager fiT RESOURCE CONSERVATION PARTNERS. LLC p.o.box 1522.longmont.colorado 80502.te•. 303.532.2262.fax 702.0585303 Bti• November 24, 2008 Allison Brownlee 13165 Cit 64 'Greeley, CO 80634 RE: Manmade structures within 200' of Riverview Resources Sand and Gravel Mine Site, located within Sections 29, 32 and 33, T6/N, R66W of the 6th P.M., Weld County, Colorado, Colorado Division of Reclamation, Mining & Safety, Regular 112 Operation Permit M-1999-098 and Weld County Use by Special Review Permit 2"d AmUSR-897 Dear Ms. Brownlee: Aggregate Industries-WCR, Inc. has applied for amendments to its existing permits to mine sand and gravel as referenced above. We are notifying you because you have been identified as owning a manmade structure within 200' of the amended permitted area for Riverview Resource mining site. Tetra Tech Inc. preformed a stability analysis of the site to determine appropriate setbacks from permanent man made structures within 200' of the mining area. The attached stability report and map identify the structures and appropriate setbacks. Please contact us immediately if you have an interest in a permanent man made structure within 200' that is not identified on the attached list. Aggregate Industries will maintain setbacks as identified in the attached report. While mining following these minimum setbacks should not pose a hazard to nearby structures, we are enclosing an Agreement that states that we will fully repair, or we will provide full compensation for, any damage caused by the mining operation to a permanent man-made structure that you own within 200 feet of the affected land. Please return the executed agreement by December 15, 2008, to Connie Davis at the address below, or if you have any questions or comments please contact her by that date, The agreement will then be signed by Aggregate Industries and a copy of the fully executed document returned to you. If we do not hear from you by December 15, 2008 your agreement with the setbacks as outlined in the attached report will be assumed. Aggregate Industries C/o Connie Davis P.O. Box 337231 Greeley, CO 80633 Phone: 970.336.6526 Fax: 970.378.6856 Thank you for your attention to this matter. Sincerely, RESOURCE CONSERVATION PARTNERS/ LLC 6aithrtA4--- Byik4. mcor; Barbara Brunk, Manager RESOURCE CONSERVATION PARTNERS, LLC p,o.nox1522,Iongmont,colorado 80502.tel 303.532.2262.fax 702.0585303 November 24, 2008 Todd Tracy 13276 CR 64 Greeley, CO 80631 RE: Manmade structures within 200' of Riverview Resources Sand and Gravel Mine Site, located within Sections 29, 32 and 33, T6/N, R66W of the 6th P.M., Weld County, Colorado, Colorado Division of Reclamation, Mining 8( Safety, Regular 112 Operation Permit M-1999-098 and Weld County Use by Special Review Permit 2nd AmUSR-897 Dear Mr. Tracy: Aggregate Industries-WCR, Inc. has applied for amendments to its existing permits to mine sand and gravel as referenced above. We are notifying you because you have been identified as owning a manmade structure within 200' of the amended permitted area for Riverview Resource mining site. Tetra Tech Inc. preformed a stability analysis of the site to determine appropriate setbacks from permanent man made structures within 200' of the mining area. The attached stability report and map identify the structures and appropriate setbacks. Please contact us immediately if you have an interest in a permanent man made structure within 200' that is not Identified on the attached Ilst. Aggregate Industries will maintain setbacks as identified in the attached report. While mining following these minimum setbacks should not pose a hazard to nearby structures, we are enclosing an Agreement that states that we will fully repair, or we will provide full compensation for, any damage caused by the mining operation to a permanent man-made structure that you own within 200 feet of the affected land. Please return the executed agreement by December 15, 2008, to Connie Davis at the address below, or if you have any questions or comments please contact her by that date. The agreement will then be signed by Aggregate Industries and a copy of the fully executed document returned to you. If we do not hear from you by December 15, 2008 your agreement with the setbacks as outlined in the attached report will be assumed. Aggregate Industries C/o Connie Davis P.O. Box 337231 Greeley, CO 80633 Phone: 970.336.6526 Fax: 970.378.6856 Thank you for your attention to this matter. Sincerely, RESOURCE CONSERVATION PARTNERS, LLC &-&J)cAJL-- FA -441 1/1/ . Barbara Brunk, Manager RESOURCE CONSERVATION PARTNERS, LLC p.o.bor. i522,Iongmoni,colorado S0502.tel 303.532.2262.fcix 702.0505303 er. November 24, 2008 Great Western' Railway of Colorado 1230 W. Ash, #0 Windsor, CO 80550 RE: Manmade structures within 200' of Riverview Resources Sand and Gravel Mine Site, located within Sections 29, 32 and 33, T6/N, R66W of the 6th P.M., Weld County, Colorado, Colorado Division of Reclamation, Mining & Safety, Regular 112 Operation Permit M-1999-098 and Weld County Use by Special Review Permit 2"d ArnUSR-897 Dear Great Western Railway of Colorado: Aggregate Industries-WCR, Inc. has applied for amendments to Its existing permits to mine sand and gravel as referenced above. We are notifying you because you have been identified as owning a manmade structure within 200' of the amended permitted area for Riverview Resource mining site. Tetra Tech Inc, preformed a stability analysis of the site to determine appropriate setbacks from permanent man made structures within 200' of the mining area. The attached stability report and map identify the structures and appropriate setbacks, Please contact us immediately if you have an interest In a permanent man made structure within 200' that Is not Identified on the attached list. Aggregate Industries will maintain setbacks as identified in the attached report. While mining following these minimum setbacks should not pose a hazard to nearby structures, we are enclosing an Agreement that states that we will fully repair, or we will provide full compensation for, any damage caused by the mining operation to a permanent man-made structure that you own within 200 feet of the affected land. Please return the executed agreement by December 15, 2008, to Connie Davis at the address below, or If you have any questions or comments please contact her by that date. The agreement will then be signed by Aggregate Industries and a copy of the fully executed document returned to you. If we do not hear from you by December 15, 2008 your agreement with the setbacks as outlined in the attached report will be assumed. Aggregate Industries C/o Connie Davis P.O. Box 337231 Greeley, CO 80633 Phone: 970.336,6526 Fax: 970.378.6856 Thank you for your attention to this matter. Sincerely, RESOURCE CONSERVATION PARTNERS, LLC r scut 6a1,447 vy.y, Barbara Brunk, Manager RESOURCE CONSERVATION PARTNERS, LLC p.o.box 1522.1ongmoni.co!orado 80502.te1 303.532.2262.fax 702.0585303 November 24, 2008 Corabelle Goetzel 13451 CR 64 Greeley, CO 80631 RE: Manmade structures within 200' of Riverview Resources Sand and Gravel Mine Site, located within Sections 29, 32 and 33, T6/N, R66W of the 6th P.M., Weld County, Colorado, Colorado Division of Reclamation, Mining & Safety, Regular 112 Operation Permit M-1999-098 and Weld County Use by Special Review Permit 2"d AmUSR-897 Dear Corabelle Goetzel: Aggregate Industries-WCR, Inc. has applied for amendments to its existing permits to mine sand and gravel as referenced above. We are notifying you because you have been identified as owning a manmade structure within 200' of the amended permitted area for Riverview Resource mining site. Tetra Tech Inc. preformed a stability analysis of the site to determine appropriate setbacks from permanent man made structures within 200' of the mining area. The attached stability report and map identify the structures and appropriate setbacks. Please contact us Immediately if you have an interest in a permanent man made structure within 200' that Is not identified on the attached list. Aggregate Industries will maintain setbacks as identified in the attached report. While mining following these minimum setbacks should not pose a hazard to nearby structures, we are enclosing an Agreement that states that we will fully repair, or we will provide full compensation for, any damage caused by the mining operation to a permanent man-made structure that you own within 200 feet of the affected land. Please return the executed agreement by December 15, 2008, to Connie Davis at the address below, or if you have any questions or comments please contact her by that date. The agreement will then be signed by Aggregate Industries and a copy of the fully executed document returned to you. If we do not hear from you by December 15, 2008 your agreement with the setbacks as outlined in the attached report will be assumed. Aggregate Industries C/o Connie Davis P.O. Box 337231 Greeley, CO 80633 Phone: 970.336.6526 Fax: 970.378.6856 Thank you for your attention to this matter. Sincerely, RESOURCE CONSERVATION PARTNERS, LLC 6a4,60/143 -- Barbara Brunk, Manager RESOURCE CONSERVATION PARTNERS, LLC p.o.box1522,1ongmoni,colorado 80502.tel 303.532.2262. ox 702.0585303 Frl November 24, 2008 bCP .Midstream. 070 17th St.; Ste 2500 Denver, CO 80202 RE: Manmade structures within 200' of Riverview Resources Sand and Gravel Mine Site, located within Sections 29, 32 and 33, T6/N, R66W of the 6th P.M., Weld County, Colorado, Colorado Division of Reclamation, Mining & Safety Regular 112 Operation Permit M-1999-098 and Weld County Use by Special Review Permit 2 AmUSR-897 Dear DCP Midstream: Aggregate Industries-WCR, Inc. has applied for amendments to its existing permits to mine sand and gravel as referenced above. We are notifying you because you have been identified as owning a manmade structure within 200' of the amended permitted area for Riverview Resource mining site. Tetra Tech Inc. preformed a stability analysis of the site to determine appropriate setbacks from permanent man made structures within 200' of the mining area. The attached stability report and map Identify the structures and appropriate setbacks. Please contact us Immediately if you have an interest In a permanent man made structure within 200' that Is not Identified on the attached list. Aggregate Industries will maintain setbacks as identified in the attached report While mining following these minimum setbacks should not pose a hazard to nearby structures, we are enclosing an Agreement that states that we will fully repair, or we will provide full compensation for, any damage caused by the mining operation to a permanent man-made structure that you own within 200 feet of the affected land. Please return the executed agreement by December 15, 2008, to Connie Davis at the address below, or if you have any questions or comments please contact her by that date. The agreement will then be signed by Aggregate Industries and a copy of the fully executed document returned to you. if we do not hear from you by December 15, 2008 your agreement with the setbacks as outlined in the attached report will be assumed. Aggregate Industries C/o Connie Davis P.O. Box 337231 Greeley, CO 80633 Phone: 970.336.6526 Fax: 974.378.6856 Thank you for your attention to this matter. Sincerely, RESOURCE CONSERVATION PARTNERS, LLC aJ � r� (l Barbara Brunk, Manager RESOURCE CONSERVATION PARTNERS, LLC p.o.bo.1622,1ongmonf,colorado 80502.tat 303.532.2262,fax 702.0585303 ri!• November 24, 2008 Xcel;Energy 414 Nicoliet Mall Minneapolis, MN 55401-1993 RE: Manmade structures within 200' of Riverview Resources Sand and Gravel Mine Site, located within Sections 29, 32 and 33, T6/N, R66W of the 6th P.M., Weld County, Colorado, Colorado Division of Reclamation, Mining & Safety, Regular 112 Operation Permit M-1999-098 and Weld County Use by Special Review Permit 2nd AmUSR-897 Dear Xcel Energy; Aggregate Industries-WCR, Inc. has applied for amendments to its existing permits to mine sand and gravel as referenced above. We are notifying you because you have been identified as owning a manmade structure within 200' of the amended permitted area for Riverview Resource mining site. Tetra Tech Inc. preformed a stability analysis of the site to determine appropriate setbacks from permanent man made structures within 200' of the mining area. The attached stability report and map identify the structures and appropriate setbacks. Please contact us immediately if you have an Interest in a permanent man made structure within 200' that is not identified on the attached list, Aggregate Industries will maintain setbacks as identified in the attached report. While mining following these minimum setbacks should not pose a hazard to nearby structures, we are enclosing an Agreement that states that we will fully repair, or we will provide full compensation for, any damage caused by the mining operation to a permanent man-made structure that you own within 200 feet of the affected land. Please return the executed agreement by December 15, 2008, to Connie Davis at the address below, or If you have any questions or comments please contact her by that date. The agreement will then be signed by Aggregate Industries and a copy of the fully executed document returned to you. If we do not hear from you by December 15, 2008 your agreement with the setbacks as outlined in the attached report will be assumed. Aggregate Industries C/o Connie Davis P.O. Box 337231 Greeley, CO 80633 Phone: 970.336.6526 Fax: 970,378.6856 Thank you for your attention to this matter. Sincerely, RESOURCE CONSERVATION PARTNERS, LLC OAP-. 04, 1T, Barbara Brunk, Manager RESOURCE CONSERVATION PARTNERS, LLC p.c.box 1522,Iongrror.t,co;oracao 80502.tel 303.532.2262.fcx 702.0585303 November 24, 2008 Daniel Buxman 30598 CR 29 Greeley, CO 80634 RE: Manmade structures within Z00' of Rivervlew Resources Sand and Gravel Mine Site, located within Sections 29, 32 and 33, T6/N, R66W of the 6a' P.M,, Weld County, Colorado, Colorado Division of Reclamation, Mining & Safety Regular 112 Operation Permit M-1999-098 and Weld County Use by Special Review Permit 2 ° AmUSR-897 Dear Mr. Buxman: Aggregate [ndustries-WCR, Inc, has applied for amendments to its existing permits to mine sand and gravel as referenced above. We are notifying you because you have been identified as owning a manmade structure within 200' of the amended permitted area for Riverview Resource mining site. Tetra Tech Inc, preformed a stability analysis of the site to determine appropriate setbacks from permanent man made structures within 200' of the mining area. The attached stability report and map identify the structures and appropriate setbacks. Please contact us immediately if you have an interest in a permanent man made structure within 200' that is not identified on the attached list. Aggregate Industries will maintain setbacks as identified in the attached report. While mining following these minimum setbacks should not pose a hazard to nearby structures, we are enclosing an Agreement that states that we will fully repair, or we will provide full compensation for, any damage caused by the mining operation to a permanent man-made structure that you own within 200 feet of the affected land. Please return the executed agreement by December 15, 2008, to Connie Davis at the address below, or if you have any questions or comments please contact her by that date. The agreement will then be signed by Aggregate Industries and a copy of the fully executed document returned to you. If we do not hear from you by December 15, 2008 your agreement with the setbacks as outlined in the attached report will be assumed. Aggregate Industries C/o Connie Davis P,O. Box 337231 Greeley, CO 80633 Phone: 970.336.6526 Fax: 970,378,6856 Thank you for your attention to this matter. Sincerely, RESOURCE CONSERVATION PARTNERS, LLC Barbara Brunk, Manager RESOURCE CONSERVATION PARTNERS, LLC p.o.bax 1522,Iongrront,colorado 80502.tel 303.532.2262.fax 702.0585303 • • • November 24, 2008 North Weld County Water District 33247 Hwy 85 Lucern, CO 80646 RE: Manmade structures within 200' of Riverview Resources Sand and Gravel Mine Site, located within Sections 29, 32 and 33, T6/N, R66W of the 6`" P.M., Weld County, Colorado, Colorado Division of Reclamation, Mining & Safety y Regular 112 Operation Permit M-1999-098 and Weld County Use by Special Review Permit 2" AmUSR-897 Dear North Weld County Water District: Aggregate Industries-WCR, Inc. has applied for amendments to its existing permits to mine sand and gravel as referenced above. We are notifying you because you have been Identified as owning a manmade structure within 200' of the amended permitted area for Riverview Resource mining site. Tetra Tech Inc. preformed a stability analysis or the site to determine appropriate setbacks from permanent man made structures within 200' of the mining area. The attached stability report and map identify the structures and appropriate setbacks. Please contact us immediately If you have an Interest In a permanent man made structure within 200' that Is not Identified on the attached list. Aggregate Industries will maintain setbacks as identified in the attached report, While mining following these minimum setbacks should not pose a hazard to nearby structures, we are enclosing an Agreement that states that we will fully repair, or we will provide full compensation for, any damage caused by the mining operation to a permanent man-made structure that you own within 200 feet of the affected land. Please return the executed agreement by December 15, 2008, to Connie Davis at the address below, or If you have any questions or comments please contact her by that date. The agreement will then be signed by Aggregate Industries and a copy of the fully executed document returned to you. If we do not hear from you by December 15, 2008 your agreement with the setbacks as outlined in the attached report will be assumed, Aggregate Industries C/o Connie Davis P.O. Box 337231 Greeley, CO 80633 Phone: 970.336.6526 Fax: 970.378.6856 Thank you for your attention to this matter. Sincerely, RESOURCE CONSERVATION PARTNERS, LLC tukkaut- 6Y7AA-4-7 Mgr Barbara Brunk, Manager RESOURCE CONSERVATION PARTNERS, LLC p.o.box 152.2,Iongmoni,colorado 80502.tel 303.532.2262.fax 702.0585303 November 24, 2008 Qwest 'Attn: Vice: President of Real Estate 1801 California St., 25th Fir, Denver, CO 80202 RE: Manmade structures within 200' of Riverview Resources Sand and Gravel Mine Site, located within Sections 29, 32 and 33, T6/N, R66W of the 6th P.M., Weld County, Colorado, Colorado Division of Reclamation, Mining & Safety, Regular 112 Operation Permit M-1999-098 and Weld County use by special Review Permit 2"a AmUSR-897 Dear Qwest: Aggregate Industries-WCR, Inc. has applied for amendments to its existing permits to mine sand and gravel as referenced above. We are notifying you because you have been identified as owning a manmade structure within 200' of the amended permitted area for Riverview Resource mining site. Tetra Tech Inc. preformed a stability analysis of the site to determine appropriate setbacks from permanent man made structures within 200' of the mining area. The attached stability report and map identify the structures and appropriate setbacks. Please contact us immediately If you have an Interest In a permanent man made structure within 200' that is not identified on the attached list, Aggregate Industries will maintain setbacks as identified in the attached report. While mining following these minimum setbacks should not pose a hazard to nearby structures, we are enclosing an Agreement that states that we will fully repair, or we will provide full compensation for, any damage caused by the mining operation to a permanent man-made structure that you own within 200 feet of the affected land, Please return the executed agreement by December 15, 2008, to Connie Davis at the address below, or if you have any questions or comments please contact her by that date. The agreement will then be signed by Aggregate Industries and a copy of the fully executed document returned to you. If we do not hear from you by December 15, 2006 your agreement with the setbacks as outlined in the attached report will be assumed. Aggregate Industries C/o Connie Davis P.O. Box 337231 Greeley, CO 80633 Phone: 970.336.6526 Fax: 970.378,6856 Thank you for your attention to this matter. Sincerely, RESOURCE CONSERVATION PARTNERS, LLC ),,V(r ut,Portu1 Barbara Brunk, Manager RESOURCE CONSERVATION PARTNERS, LLC p.o.bor. 1 522,Iongmoni,coiorcdo 80502.fel 303.532.2262.fax 702.0.585303 t?• November 24, 2008 Lowell -Paul Dairy 14332 CR 64 Greeley, CO 80631 RE: Manmade structures within 200' of Riverview Resources Sand and Gravel Mine Site, located within Sections 29, 32 and 33, T6/N, R66W of the 6th P.M., Weld County, Colorado, Colorado Division Reclamation, Permit 2'�Arn SR -8g7 Operation Permit M-1999-098 and Weld County Use bySpecial Dear Lowell -Paul Dairy: Aggregate Industries-WCR, Inc. has applied for amendments to its existing permits to mine sand and gravel as referenced above. We are notifying you because you have been identified as owning a manmade structure within 200' of the amended permitted area for Riverview Resource mining site. Tetra Tech Inc. preformed a stability analysis of the site to determine appropriate setbacks from permanent man made structures within 200' of the mining area. The attached stability report and map identify the structures and appropriate setbacks, Please contact us immediately If you have an interest in a permanent man made structure within 200' that is not identified on the attached list. Aggregate Industries will maintain setbacks as identified in the attached report. While mining following these minimum setbacks should not pose a hazard to nearby structures, we are enclosing an Agreement that states that we will fully repair, or we will provide full compensation for, any damage caused by the mining operation to a permanent man-made structure that you own within 200 feet of the affected land. Please return the executed agreement by December 15, 2008, to Connie Davis at the address below, or if you have any questions or comments please contact her by that date. The agreement will then be signed by Aggregate Industries and a copy of the fully executed document returned to you. If we do not hear from you by December 15, 2008 your agreement with the setbacks as outlined in the attached report will be assumed. Aggregate Industries C/o Connie Davis P.O. Box 337231 Greeley, CO 80633 Phone: 970.336.6526 Fax: 970.378.6856 Thank you for your attention to this matter. Sincerely, RESOURCE CONSERVATION PARTNERS, LLC Barbara Brunk, Manager RESOURCE CONSERVATION PARTNERS, LLC p.c•bor 1522,Iongrr.ont,colorado 80502.te1 303.532.2262.fax 702.0585303 r November 24, 2008 Weld ;County C/oFPublic Works 91510 St Greeley, CO 80631 RE: Manmade structures within 200' of Riverview Resources Sand and Gravel Mine Site, located within Sections 29, 32 and 33, T6/N, R66W of the 6th P.M., Weld County, Colorado, Colorado Division of Reclamation, Mining & Safety, Regular 112 Operation Permit M-1999-098 and Weld County Use by Special Review Permit 2nd AmUSR-897 Dear Weld County; Aggregate Industries-WCR, Inc. has applied for amendments to its existing permits to mine sand and gravel as referenced above. We are notifying you because you have been Identified as owning a manmade structure within 200' of the amended permitted area for Riverview Resource mining site. Tetra Tech Inc. preformed a stability analysis of the site to determine appropriate setbacks from permanent man made structures within 200' of the mining area. The attached stability report and map identify the structures and appropriate setbacks. Please contact us immediately if you have an Interest In a permanent man made structure within 200' that is not identified on the attached list. Aggregate Industries will maintain setbacks as identified in the attached report. While mining following these minimum setbacks should not pose a hazard to nearby structures, we are enclosing an Agreement that states that we will fully repair, or we will provide full compensation for, any damage caused by the mining operation to a permanent man-made structure that you own within 200 feet of the affected land. Please return the executed agreement by December 15, 2008, to Connie Davis at the address below, or if you have any questions or comments please contact her by that date. The agreement will then be signed by Aggregate Industries and a copy of the fully executed document returned to you. If we do not hear from you by December 15, 2008 your agreement with the setbacks as outlined in the attached report will be assumed. Aggregate Industries C/o Connie Davis P.O. Box 337231 Greeley, CO 80633 Phone: 970.336.6526 Fax; 970.378.6856 Thank you for your attention to this matter. Sincerely, RESOURCE CONSERVATION PARTNERS, LLC Barbara Brunk, Manager RESOURCE CONSERVATION PARTNERS, LLC p.o.aov. 1522.1ongmoni,colorado 80502.io1 3C3.532.2262.fax 702.0585303 November 24, 2008 Noble Energy 1625 Broadway, Ste 2000 Denver, CO 80202 RE: Manmade structures within W0' of Riverview Resources Sand and Gravel Mine Site, located within Sections 29, 32 and 33, T6/N, R66W of the 6th P,M., Weld County, Colorado, Colorado Division of Reclamation, Mining & Safety, Regular 112 Operation Permit M-1999-098 and Weld County Use by Special Review Permit 2nd AmUSR-897 Dear Noble Energy: Aggregate Industries-WCR, Inc. has applied for amendments to its existing permits In mine sand and gravel as referenced above. We are notifying you because you have been identified as owning a manmade structure within 200' of the amended permitted area for Riverview Resource mining site. Tetra Tech Inc. preformed a stability analysis of the site to determine appropriate setbacks from permanent man made structures within ZOO' of the mining area. The attached stability report and map identify the structures and appropriate setbacks. Please contact us immediately if you have an interest in a permanent man made structure within 200' that is not identified on the attached list. Aggregate Industries will maintain setbacks as identified in the attached report. While mining following these minimum setbacks should not pose a hazard to nearby structures, we are enclosing an Agreement that states that we will fully repair, or we will provide full compensation for, any damage caused by the mining operation to a permanent man-made structure that you own within 200 feet of the affected land. Please return the executed agreement by December 15, 2008, to Connie Davis at the address below, or if you have any questions or comments please contact her by that date. The agreement will then be signed by Aggregate Industries and a copy of the fully executed document returned to you. If we do not hear from you by December 15, 2008 your agreement with the setbacks as outlined in the attached report will be assumed. Aggregate Industries C/o Connie Davis P,O. Box 337231 Greeley, CO 80633 Phone: 970.336.6526 Fax: 970.378.6856 Thank you for your attention to this matter. Sincerely, RESOURCE CONSERVATION PARTNERS, LLC 8rrw\k- rErtr‘ Barbara Brunk, Manager RESOURCE CONSERVATION PARTNERS, LLC P.o.boy 1522.1ongmont,colcrado 80502.tel 303.532.2262.fox 702.0585303 EA' November 24, 2008 Suncare Energy 7800 E Orchard Rd., Ste 300 Greenwood Village, CO 80218 RE: Manmade structures within 200' of Riverview Resources Sand and Gravel Mine Site, located within Sections 29, 32 and 33, T6/N, R66W of the 6th P.M., Weld County, Colorado, Colorado Division of Reclamation, Mining & Safety, Regular 112 Operation Permit M-1999-098 and Weld County Use by Special Review Permit 2n' AmUSR-897 Dear Suncore Energy; Aggregate Industries-WCR, Inc. has applied for amendments to Its existing permits to mine sand and gravel as referenced above. We are notifying you because you have been identified as owning a manmade structure within 200' of the amended permitted area for Riverview Resource mining site. Tetra Tech Inc, preformed a stability analysis of the site to determine appropriate setbacks from permanent man made structures within 200' of the mining area. The attached stability report and map identify the structures and appropriate setbacks, Please contact us Immediately If you have an Interest In a permanent man made structure within 200' that is not identified on the attached list. Aggregate Industries will maintain setbacks as identified in the attached report. While mining following these minimum setbacks should not pose a hazard to nearby structures, we are enclosing an Agreement that states that we will fully repair, or we will provide full compensation for, any damage caused by the mining operation to a permanent man-made structure that you own within 200 feet of the affected land. Please return the executed agreement by December 15, 2008, to Connie Davis at the address below, or if you have any questions or comments please contact her by that date. The agreement will then be signed by Aggregate Industries and a copy of the fully executed document returned to you. If we do not hear from you by December 15, 2005 your agreement with the setbacks as outlined in the attached report will be assumed. Aggregate Industries C/o Connie Davis P.O. Box 337231 Greeley, CO 80633 Phone: 970.336,6526 Fax: 970.378.6856 Thank you for your attention to this matter. Sincerely, RESOURCE CONSERVATION PARTNERS, LLC g3tOtkip et/a-- Barbara Brunk, Manager RESOURCE CONSERVATION PARTNERS, LLC p.o.boK 1522,Iongmont,colorado 80502.tel 303.532.2262.fax 702.0585303 • • • TRANSMITTAL TO: Suncor Energy 7800 E Orchard Rd., Ste 300 Greenwood Village, CO 80218 FROM: Barbara Brunk barbb@dgmllc.com DATE; December 10, 2008 RE: Gas Line VIA: Certified Return Receipt via USPS Mall NOTES: Dear Suncor Energy, We received your mailings back from the Post Office with a yellow sticky saying unable to forward. So attached please find what was sent on November 26, 2008. If you have any questions please don't hesitate to contact me. Thanks! RESOURCE CONSERVATION PARTNERS, LLC p.o.box 1522,1ongmont.coiorado 80502.tel 303.532.2262. fax 702,0565303 November 24, 2008 Suncore Energy 12990 Highway 14 Ault, CO 80610 RE: Manmade structures within 200' of Riverview Resources Sand and Gravel Mine Site, located within Sections 29, 32 and 33, T6/N, R66W of the 6th P.M., Weld County, Colorado, Colorado Division of Reclamation, Mining & Safety, Regular 112 Operation Permit M-1999-098 and Weld County Use by Special Review Permit 2nd AmUSR-897 Dear Suncore Energy: Aggregate Industries-WCR, Inc. has applied for amendments to its existing permits to mine sand and gravel as referenced above. We are notifying you because you have been identified as owning a manmade structure within 200' of the amended permitted area for Riverview Resource mining site. Tetra Tech Inc. preformed a stability analysis of the site to determine appropriate setbacks from permanent man made structures within 200' of the mining area, The attached stability report and map identify the structures and appropriate setbacks, Please contact us Immediately If you have an Interest In a permanent man made structure within 200' that is not identified on the attached list. Aggregate Industries will maintain setbacks as Identified in the attached report While mining following these minimum setbacks should not pose a hazard to nearby structures, we are enclosing an Agreement that states that we will fully repair, or we will provide full compensation for, any damage caused by the mining operation to a permanent man-made structure that you own within 200 feet of the affected land. Please return the executed agreement by December 15, 2008, to Connie Davis at the address below, or if you have any questions or comments please contact her by that date. The agreement will then be signed by Aggregate Industries and a copy of the fully executed document returned to you. If we do not hear from you by December 15, 2008 your agreement with the setbacks as outlined in the attached report will be assumed. Aggregate Industries C/o Connie Davis P.O. Box 337231 Greeley, CO 80633 Phone: 970.336.6526 Fax: 970.378.6856 Thank you for your attention to this matter. Sincerely, RESOURCE CONSERVATION PARTNERS, LLC Barbara Brunk, Manager RESOURCE CONSERVATION PARTNERS, LLC p.o.bor. 1522,1onamonf, coForado 80502.'al 303.532.2262.fax 702.0585303 November 24, 2008 Kinder Morgan 500 Dallas St., Ste 1000 Houston, TX 77002 RE: Manmade structures within 200' of Riverview Resources Sand and Gravel Mine Site, located within Sections 29, 32 and 33, T6/N, R66W of the 6th P.M., Weld County, Colorado, Colorado Division of Reclamation, Mining & Safety, Regular 112 Operation Permit M-1999-098 and Weld County Use by Special Review Permit god AmUSR-897 Dear Kinder Morgan: Aggregate Industries-WCR, Inc. has applied for amendments to its existing permits to mine sand and gravel as referenced above. We are notifying you because you have been identified as owning a manmade structure within 200' of the amended permitted area for Riverview Resource mining site. Tetra Tech Inc. preformed a stability analysis of the site to determine appropriate setbacks from permanent man made structures within 200' of the mining area. The attached stability report and map identify the structures and appropriate setbacks. Please contact us immediately If you have an interest in a permanent man made structure within 200' that is not identified on the attached list. Aggregate Industries will maintain setbacks as identified in the attached report, While mining following these minimum setbacks should not pose a hazard to nearby structures, we are enclosing an Agreement that states that we will fully repair, or we will provide full compensation for, any damage caused by the mining operation to a permanent man-made structure that you own within 200 feet of the affected land. Please return the executed agreement by December 15, 2008, to Connie Davis at the address below, or if you have any questions or comments please contact her by that date, The agreement will then be signed by Aggregate Industries and a copy of the fully executed document returned to you. If we do not hear from you by December 15, 2008 your agreement with the setbacks as outlined in the attached report will be assumed. Aggregate Industries C/o Connie Davis P.O. Box 337231 Greeley, CO 80633 Phone: 970.330.6526 Fax: 970.378.6856 Thank you for your attention to this matter. Sincerely, RESOURCE CONSERVATION PARTNERS, LLC 15e/A4 Barbara Brunk, Manager RESOURCE CONSERVATION PARTNERS, LLC p.o.b0x1522,longmon',colorado 80502.&! 303.532.2262.1 ax 702.05E5303 CI I a O a ± � ° . O 1 o a. n U ¢ 5 P . II 543�I 2g EDfO DEPTDEPTgape. w U) CI L b t ez tre STS 2E8 3 E0110 OE9'I 9Doe. p oo Cb • • • •U 13 D o DO N1 II 'r0 Ili OO. j 7 ,2 P EMI Srit ■ u w 1. 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Btue}l egslduiop �1! AGREEMENT TO MINE WITHIN 200 FEET OE PERMANENT MAN-MADE STRUCTURES THIS AGREEMENT, entered into by and among Aggregate Industries -WCR, Inc., hereinafter called "Aggregate Industries", whose address is 1707 Cole Blvd., Golden, Colorado 80401, and: Clyde W. Feuerstein, whose address is Rosewood, 701 23"r Street, Apt. 12, Greeley, Colorado 80631, Larry D. Feuerstein and Toni R. Feuerstein, whose address is 13621 WCR 64, Greeley, Colorado 80631, and Triple F Enterprises LLLP, a Colorado limited liability limited partnership, whose address is Rosewood, 701 23'" Street, Apt. 12, Greeley, Colorado 80631 collectively, "Owner". The Colorado Mined Land Reclamation Act requires that landowners adjacent to a proposed mining operation be informed about the mine and the reclamation. Further, the Act provides protection for structures that are within 200 feet of a mining operation. Aggregate Industries, is submitting an amendment application to the State of Colorado for its Division of Minerals and Geology Regular 112 Operation Permit M-1999-098 and an amendment application to Weld County for Use by Special Review Permit 2"" AmUSR-897, for sand and gravel mining located within Sections 29, 32 and 33, "r6/N, R66W of the 6"' P.M., Weld County, Colorado. Owner owns a permanent man-made structure or structures within 200 feet of the land affected by the mining and reclamation operations. The description of the structure is as follows: Buried Irrigation Lateral, as shown on Exhibit C, Sheet 2 of the Mining Plan Map Amendment to M1999-098. Aggregate Industries must obtain permission from Owner in order to conduct operations closer than 200 feet to the structures owned by Owner. In addition, Aggregate Industries must commit to repairing, replacing or compensating Owner for any damage that might be caused to its structures by the mining operation of Aggregate Industries at this site. Further and in consideration of this Agreement, Owner desires to have Aggregate Industries indemnify and hold them harmless from and against any and all damages that may arise upon and to the real or personal property of Owner as a result of operations upon the above -described property. By this agreement, Owner authorizes Aggregate Industries to conduct mining operations within 200 feet from Owners' above -referenced structure. Aggregate Industries commits that, if its mining operation causes any damage to Owner's structure within 200 feet of said operations or to any personal and/or real property of Owner or causes any damage to, or interferes with, any of Owner's water rights, personal property, real property, or improvements thereon, including, but not limited to, the historic water flow capacity of the Whitney Ditch Lateral, Aggregate Industries will, as applicable, repair or replace such damaged structure and compensate Owner for interference with, or damage to, such water rights, personal property, real property, crops, or improvements, and cease interference with the Whitney Ditch Lateral and restore it to its historic water flow capacity. The parties acknowledge and agree that the proposed mining plan anticipates relocating the subject irrigation lateral through the permit boundary and will enter into a separate written agreement addressing such relocation, with said agreement establishing a historic water flow capacity to be agreed upon among the parties and providing that such water flow capacity (or amount and velocity of water) be maintained and preserved in any relocated irrigation lateral so that the highest head of irrigation water historically available will not be lessened. Mining will not progress beyond the 75 -foot setback from the irrigation lateral and other irrigation structures and improvements established by the slope stability study upon which the limit of mining was established and shown on Exhibit C, Sheet 2 of the Mining Plan Map until such time as a relocation agreement has been executed by the parties. The parties hereto acknowledge and agree to the above -stated items. [The remainder of this page intentionally left blank] 100353523.11 AGREED: Owner: Clyde Feuerstein fit, d Owner Sature< State Of Colorado ) ) ss. C6unntty of k/tiaer ) a Tie Biagi IyktepoENicrmckitwledged before me this N PUBLIC STATE -OFF -COLORADO My Commission Expires Marc 9, 202 My Commission expires:- 3— aOla— Larry D. Feuerstein a d Toni R. Feuerstein 3 Date: 3-10.— O9 State Of Colorado #.Rtef ,Alb foi HEElga,�FFs' i.ili and MCCALL ; o num 1'eb 6 expires: VI—k.k.e —tokD MYComm. Exptes10116 Triple F Enterprises LLLP, SA Date: •� day of Notary Public 09 , 2009, by Clyde Feuerstein. oing instrument was acknowledged before me thist-1 day of 1rno rc;k , 2009, by Larry D. ii R. Feuerstein. a 99foredo limited liability limited partnership 6y: Its: r State Of Colorado ) (14{ 4 ) ss. aunty of Amer ) U— od rG4ers ih / My,•(me- Vticcc Notary Public Date: 3/io`o9 The foregoing instrument was cknowledged before me this 1) b' day of Irma �l , 2009, by , J I J, Fetus+ein as irks ,,rThisl7 ed liverriffh of Triple TrN✓/iF Enterprises LLLP (SEAL) fq;Yt,( �t� lnbt� �f7a rR'he �C 9.441 c.,— Notary Public My Commission expires: 3 — 3 — a012 — VICTORIA SPENCER NOTARY PUBLIC STATE OF COLORADO My Commission Expires March 3, 2012 51(00353523.I; 2 My Contmiosioti expires: '-026 - /3 Aggregate Industjie;. M'CR, Inc. By: Its: C�eF 6 4_ a 12is/=rte✓1� State Of Colorado r ) ss. Date: 3/(7 fry. �T1h �tjiregpin instrument was acknowledged before me this _// clay of i �, 2009, by )? as VirLeelametihr Notary Public of Aggregate Industries - WCR, Inc. 51100353523.11 3 AGREEMENT OF COMPENSATION • • The Colorado Mined Land Reclamation Act requires that landowners adjacent to a proposed mining operation be informed about the mine and the reclamation. Further, the Act provides protection for structures that are within 200 feet of a mining operation. CAMAS Colorado, Inc., dba Aggregate Industries, has submitted its application for a Division of Minerals and Geology Regular 112 Operation Permit to the State of Colorado and an amended application to USR 897 within Weld County, for sand and gravel mining located in Sec. 32 and 33, T6N, R66 W of the 61° P.M., Weld County, Colorado..�Conoco Me. is the owner of a pipeline within the boundaries of said permit applications. 6. C O,..m r. , Pi P 4 L; . P. C a.-�� a✓y (c p L) c pc_ Aggregate Industries must inpermission from Conoco Inc, in order to conduct operations closer than 200 feet to the enures owned by . In addition, Aggregate Industries must commit to repairing, replacing or compensating for any damage that might be caused to its structures by the mining operation of Aggregate Industries at this site. C'L By this agreement, Aggregate Industri ( j�equests authorization from Conoco Inc. to conduct mining operations up to a thirty-foot setback from th +4a structures located within the boundaries of the permit applications as described above. Aggregate Industries commits that, if its operation causes damages to the structures ofCono o toe_, it will repair or replace such structures or compensate Gm,eor lziu. for the value of said structures. The parties hereto acknowledge and agree to the above -stated items. AGGREGATE INDUSTRIES STATE OF COLORADO ) )ss. County of CONOCO IN . cwnc o P;t4 (rr'e GI/A.1 By: Date: The foregoing instrument was acknowledged before me this ,2-(1- Ov cd day of 7 , 2000, by C. ,as ?/ ,_.4/441e y v i / of (44. 7 406142ehY / Est, a My commission expires: e2 "f' =o/ STATE OF COLORADO ) )ss. County of al .14. 4,0 ) The foregoing instrwmatt was acknowledged before me this I Y day of r� tn� , 2000, by of Notary Public rri , as e Grl NCO �r4)L f—i�t c 6�'r'�ktuMY COSINION COMES COM/2002 My commission expires: • AMENDMENT TO AGREEMENT OF COMPENSATION • • • Aggregate Industries-WCR, Inc., ("Aggregate"), formerly known as CAMAS Colorado, Inc., dba Aggregate Industries, whose address is 1707 Cole Boulevard, Suite 100, Golden, CO 80401, and Suncor Energy (U.S.A.) Pipeline Company ("Suncor"), a successor- in -interest to Conoco Pipe Line Company, whose address is 1715 Fleischli Parkway, Cheyenne, Wyoming, 82001, acknowledge and reaffirm that Agreement of Compensation executed in February, 2000 between CAMAS Colorado, Inc., dba Aggregate Industries and Conoco Pipe Line Company (CPL), a copy of which is attached hereto as Exhibit B, and do hereby amend said Agreement of Compensation to include Suncor's existing 10 inch and planned 16 inch pipelines located in the West V2 of the Southwest '/4, Section 29, Township 6 North, Range 66 West of the 6'h P.M., Weld County, Colorado, known as the Ed Orr property, which property is currently being proposed by Aggregate for amendment to and incorporation with Aggregate's current mining operations under the State Division of Reclamation, Mining and Safety permit M-1999- 089 and Weld County Use by Special Review Permit USR-897. By this amendment, Suncor grants permission to Aggregate to conduct its mining operations up to a thirty- foot set -back from structures, including but not limited to the existing 10 inch and planned 16 inch pipelines, owned by Suncor and located within the permit application areas as described above; and, Aggregate commits that, if its operation causes damages to the structures, including but not limited to the existing 10 inch and planned 16 inch pipelines, owned by Suncor and located within the permit application areas described above, Aggregate will repair or replace such structures or compensate Suncor for the value of said structures or damages at Aggregate's sole cost and expense. The parties hereto acknowledge and agree to the above -stated items. Aggregate Industriiees-W.4? inc. Date: k Byr` STATE OF COLORADO ) ) ss. County of of Suncor Energy (U.S.A.) Pipeline Company The foregoing instrument was acknowledged before me this 1/14 day of_ f 2008, by (i a-, , as .e,. /-4( . , - tZP, My commission expires: STATE OF COLORADO ) ) ss. County of 3 c� `Siti(1}Z,) The foregoing instrument was acknowledged before me this k . lv Qr\tc•�.c _4,2V,( • Notary Public 2$5)1 day of . ,,,r\cl , 200#7, by , as c.) c C� . of C X�hc.c~,C •r�. � \�, A „�S -� C'i r. �n 25-1 2,C My commission expires: Notary Public LL DOD glIDDD Q'. ,n td IA a.. v_-° 40 1 O m,t 0� j.2.a I W 2 N U a O i ti' g2rn ;sr, o` `; Li E000 DEPT 9C0z I� Co cn 03 ru mI mi , n • m R'1 G1 • p. eCl i r .40 gg El I ° Cerflfed Fae Tole' Pontann R Fee, 5T35 E000 DEP: DDS O I � \ U ! (o m J « :O2 u. ▪ :4 \ §ems ° ESQ moe k \ §\$ EON OE[ §0DL ;• �� 2; � cc 2• � O ▪ : co $ 6EV5 2E39 E00[ OEgt g0D& a :r m '$ % � ;�, :m 10 t_ m :0 ,o $2 fk -r��- i , ! 0 q 0 G q m q O 0 U • p / iso t 4.10 S • 1. `CEE9 EDUD QEB't �t iL. IH g• • VJ E 9 E0DU DE9'L �aoL © El ar ▪ D. q tr. a 4g E' got B. IE.01 U=k$G • a a SOIL • z ' co oo 40 o CIO Cc ❑ ❑ 0.4 k, 0O rn pa ncti r1 O rn °° J � v II V �- V•1 r vj 616 8' RI, W. I Yom` co Mar, '3. 2009 3:31PM Orr Land Company No, 3680 H 2 rrr ORR LAND COMPANY March 13, 2009 Re: Riverview Resource Sand & Gravel mining permit amendment To Whom it May Concern: I hereby affirm I received the Public Notice for Aggregate Industries Mining Application for mining in Sections 29 & 33 Township 6 North Range 66 West Weld County Colorado. Ed Orr 1813 61st Ave #200, Greeley, Colorado 80634 Telephone: 970.351.8777 Facsimile: 970.351.7851 • • March 27, 2009 Mr. Eric Scott Colorado Division of Minerals and Geology 1313 Sherman Street, Rm 215 Denver, CO 80203 Mr. Jeff Fugate Attorney General's Office Division of Natural Resources, Colorado Division of Mining, Reclamation & Safety 1525 Sherman Street, Fifth Floor Denver, CO 80203 Ms. Jillian Allison Attorney General's Office Colorado Mined Land Reclamation Board 1525 Sherman Street, Fifth Floor Denver, CO 80203 Ms. Sandra Brown Pre -Hearing Conference Officer Colorado Mined Land Reclamation Board 1313 Sherman Street, Rm 215 Denver, CO 80203 Corabelle Goetzel/Ms. Ruth Goetzel 13451WeId County Road 64 Greeley CO 80631 Ruth Goetzel P.O. Box 4302 Estes Park, CO 80505 Mr. Charles Canon 303878 Rocky Road Greeley, CO 80631 Mr. Mike Refer Aggregate Industries-WCR, Inc. 1707 Cole Blvd., Suite 100, Golden, CO 80401 Ms. Connie Davis Aggregate Industries-WCR, Inc. P.O. Box 337231, Greeley, CO 80633 RE: Aggregate Industries-WCR, Inc.; MLRB Regular 112 Reclamation Permit Amendment Application, Riverview Resource - DRMS File No. M-1999-098; List of Witnesses and Exhibits for Formal Board Hearing; Ladies and Gentlemen: On behalf of Aggregate Industries-WCR, Inc. we hereby submit the following list of witnesses and exhibits that will be used in the upcoming Formal Board Hearing on Wednesday, April 8, 2009 at 10:00 am, and/or Thursday, April 9, 2009 at 9:00 am in Denver, Colorado. RESOURCE CONSERVATION PARTNERS, LLC p.o.oc:< 1522,Iongmont.coiorcdo 80502.tel 303.532.2262.1:a>: 702.0585 March 27, 2009 Witnesses and Exhibits Page 2 of 3 I. WITNESSES Aggregate Industries-WCR, Inc. (Aggregate) hereby identifies and designates the following individuals as witnesses who may be called by Aggregate at the Formal Board Hearing: 1. Mike Refer, Vice President, Aggregate Industries-WCR, Inc., 1707 Cole Blvd., Suite 100, Golden, CO 80401, (303) 985-1070. Mr. Refer may be called to testify about the Reclamation Permit Application filed in November 2008, the facts and circumstances surrounding the application, and operations at the Riverview Resource site. Mr. Refer may also be called to testify about the accommodations made with regard to the referenced application, as well as any other matters relevant to the application or necessary to rebut any other testimony at the hearing. 2. Connie Davis, Land Resources Assistant, Aggregate Industries-WCR, Inc., P.O. Box 337231, Greeley, CO 80633-0621, (970) 336-6526. Ms. Davis may be called to testify about the Reclamation Permit Application filed in November 2008, the facts and circumstances surrounding the application, and operations at the Riverview Resource site. Ms. Davis may also be called to testify about the accommodations made with regard to the referenced application, as well as any other matters relevant to the application or necessary to rebut any other testimony at the hearing. 3. Barbara Brunk, Landscape Architect, Manager, Resource Conservation Partners, LLC, P.O. Box 1522 Longmont, CO 80503, (303) 532-2262. Ms. Brunk may be called to testify about the Reclamation Permit Application filed in November 2008, the facts and circumstances surrounding the application, and operations at the Riverview Resource site. Ms. Brunk may also be called to testify about the accommodations made with regard to the referenced application, as well as any other matters relevant to the application or necessary to rebut any other testimony at the hearing. 4. Gary Linden , R.G., Project Manager, Tetra Tech, 1900 South Sunset Street, Suite 1- F, Longmont, CO 80501, (303) 772.5282. Mr. Linden may be called to testify about the Reclamation Permit Application filed in November 2008, the facts and circumstances surrounding the application, and any soil stability or geotechnical related issues surrounding the application and operations at the Riverview Resource site. Mr. Linden may also be called to testify about the accommodations made with regard to the referenced application, as well as any other matters relevant to the application or necessary to rebut any other testimony at the hearing. II. EXHIBITS Aggregate Industries-WCR, Inc. hereby designates the following exhibits to be used at the Formal Board Hearing: • • • March 27, 2009 Witnesses and Exhibits Page 3 of 3 • 1. Complete Colorado Division of Minerals and Geology Permit Application File; specifically the following documents: • Pre -Mining (Exhibit C of the 112 Application) • Mining Plan Map (Exhibit C of the 112 Application) • Mining Plan (Exhibit D of the 112 Application) • Reclamation Plan (Exhibit E of the 112 Application) • Reclamation Plan Map (Exhibit F of the 112 Application) • Water Information (Exhibit G of the 112 Application) • Stability Analysis (Exhibit S of the 112 Application) 2. Adequacy Response Letters and all attachments. The above listed exhibits are available for inspection at the offices of Resource Conservation Partners, LLC upon reasonable notice. Sincerely, RESOURCE CONSERVATION PARTNERS, LLC C" k YhrY. • • Barbara Brunk, Landscape Architect Manager CC: Weld County Clerk to the Board West Greeley Conservation District Weld County Commissioners i part rent Weld County Planning Department GREELEY OFFICE February 23, 2009 Mr. Kim Ogle Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 RE: AM USR-897 for Sand and Gravel, Riverview Resource Dear Kim: FFR 2 4 2nn4 RECEIVED Aggregate Industries WCR Inc. is working with the Colorado Division of Reclamation and Mine Safety (DRMS) to address the adequacy review for the amendment to the Mined Land Reclamation Permit for the site. Our pre hearing conference with the DRMS is scheduled for the end of March. We are also working to address Weld County referral comments on the Use by Special Review application. We will incorporate any revisions and additional information required to address the DRMS comments with our Weld County referral response. We will keep you informed of our progress. Sincerely, RESOURCE CONSERVATION PARTNERS, LLC ��✓C�t� w, , NY' Barbara Brunk, Landscape Architect Manager Cc: Connie Davis Mike Refer Gary Linden RESOURCE CONSERVATION PARTNERS, LLC p.o.box 1522,Iongmont,colorado 80502.tel 303.532.2262.fax 702.0585 • • • EXHIBIT A Legal Description LEGAL DESCRIPTION CELL A: PARCEL 1: WELD COUNTY PARCEL NUMBER: 080529300009 THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 29, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO LYING SOUTH OF THE RAILROAD BEING DESCRIBED AS THAT STRIP OF LAND CONVEYED IN DEED RECORDED SEPTEMBER 5, 1881 IN BOOK 31 AT PAGE 324. ALSO EXCEPTING THAT PARCEL OF LAND CONVEYED IN DEED RECORDED AUGUST 2,1972 AT RECEPTION NO. 1594788. PARCEL 2: WELD COUNTY PARCEL NUMBER: 080529000048 THAT PORTION OF LOT A OF RECORDED EXEMPTION NO. 0805 -29 -3 -RE -247, RECORDED MARCH 3, 1977 IN BOOK 791 UNDER RECEPTION NO. 1712693, BEING A PART OF THE E1/2, SW1/4, SECTION 29, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, LYING SOUTH OF THE RAILROAD RIGHT-OF-WAY DEEDED TO THE GREELEY SALT LAKE AND PACIFIC RAIL ROAD COMPANY BY DEED RECORDED AUGUST 1, 1881 IN BOOK 31 AT PAGE 289. LEGAL DESCRIPTION CELL B: WELD COUNTY PARCEL NUMBER: 080532000051 ALL THAT PART OF THE N 1/2 AND THE N 1/2 OF THE S 1/2 OF SECTION 32, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, LYING NORTH OF THE CACHE LA POUDRE RIVER AND WEST OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 32 AND CONSIDERING THE NORTH LINE OF SAID SECTION 32 TO BEAR NORTH 90° 00' 00" WEST AND WITH ALL OTHER BEARINGS DESCRIBED HEREIN BEING RELATIVE THERETO; THENCE NORTH 90° 00' 00" WEST ALONG THE NORTH LINE OF SAID SECTION 32, A DISTANCE OF 1,918.10 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00° 45' 07" EAST, 1,140.00 FEET, MORE OR LESS TO THE EXISTING CENTER OF THE CACHE LA POUDRE RIVER AND THE TERMINUS OF THE LINE; EXCEPT THAT PARCEL OF LAND AS CONVEYED TO ROXENA VON TROTHA BY WARRANTY DEED DATED NOVEMBER 18, 1965 AND RECORDED NOVEMBER 24, 1965, IN BOOK 554 AS RECEPTION NO. 1476288, WELD COUNTY RECORDS, EXCEPT THAT PARCEL OF LAND AS CONVEYED TO D AND E INVESTMENT COMPANY BY QUIT CLAIM DEED DATED NOVEMBER 27, 1974 AND RECORDED NOVEMBER 29, 1974 IN BOOK 727 AS RECEPTION NO. 1649367, WELD COUNTY RECORDS. • • • EXCEPT THAT PARCEL OF LAND CONVEYED TO WELD COUNTY, COLORADO, A BODY CORPORATE AND POLITIC IN WARRANTY DEED RECORDED JUNE 12, 1980 IN BOOK 905 AS RECEPTION NO. 1827326, DESCRIBED AS FOLLOWS: A TRACT OF LAND IN THE W 1/2 OF SECTION 32, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SECTION 32 AND RUNNING ALONG THE WEST LINE OF SECTION 32 SOUTH 00° 00' 19" WEST, 2,249.00 FEET MORE OR LESS TO THE CENTER OF THE CACHE LA POUDRE RIVER; THENCE SOUTH 71° 00' 00" EAST ALONG THE CENTER OF THE CACHE LA POUDRE RIVER 31.73 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 27 TO THE POINT OF BEGINNING; THENCE SOUTH 71° EAST ALONG THE CENTER OF THE CACHE LA POUDRE RIVER 8.85 FEET TO A POINT; THENCE NORTH 00° 45' 56" WEST, 622.93 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 27; THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 27, SOUTH 00° 00' 19" WEST, 619.99 FEET TO THE TRUE POINT OF BEGINNING. LEGAL DESCRIPTION CELL C: PARCEL 1: WELD COUNTY PARCEL NUMBER: 080533000003 BEING A PORTION OF THE E 1/2 OF THE NE 1/4 OF SECTION 32, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., LYING NORTH OF THE CENTERLINE OF THE CACHE LA POUDRE RIVER AND ALSO THAT PORTION OF THE SW 1/4 OF THE NW 1/4 OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., LYING NORTH OF THE CACHE LA POUDRE RIVER, COUNTY OF WELD, STATE OF COLORADO, ALSO KNOWN AS LOT B OF RECORDED EXEMPTION NO. 0805 -32 -1 - RE 1539, RECORDED OCTOBER 28, 1993 IN BOOK 1408 AS RECEPTION NO. 2357087. TOGETHER WITH A PARCEL OF LAND SITUATE IN THE NW 1/4 OF THE SW 1/4 OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SW 1/4 OF THE NW 1/4 OF SECTION 33 AS BEARING NORTH 89° 52' 39" WEST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; BEGINNING AT THE SOUTHEAST CORNER OF THE SW 1/4 OF THE NW 1/4 OF SAID SECTION 33; THENCE ALONG THE SOUTH LINE OF SAID SW 1/4 NORTH 89° 52' 39" WEST 32.23 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN BOOK 1246 AS RECEPTION NO. 2194429, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE NORTH 89° 52' 39" WEST 162.19 FEET, MORE OR LESS, TO A POINT ON THE APPROXIMATE CENTERLINE OF THE CACHE LA POUDRE RIVER; THENCE ALONG SAID CENTERLINE OF THE CACHE LA POUDRE RIVER SOUTH 40° 31' 38" EAST 244.70 FEET TO THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN BOOK 1246 AS RECEPTION NO. 2194429; THENCE ALONG THE WESTERLY BOUNDARY OF SAID BOOK 1246 AS RECEPTION NO. 2194429 NORTH 00° 58' 55" EAST 185.68 FEET TO A POINT ON THE SOUTH LINE OF THE SW 1/4 OF THE NW 1/4 OF SECTION 33 AND THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM A PARCEL OF LAND CONVEYED TO WELD COUNTY, COLORADO BY DEED RECORDED OCTOBER 12, 1989 IN BOOK 1246 AS RECEPTION NO. 2194429. PARCEL 2: WELD COUNTY PARCEL NUMBER: 080533000001 LOTS A AND B OF RECORDED EXEMPTION NO. 0805 -33 -2 -RE 978 RECORDED MAY 4, 1987 UNDER RECEPTION NO. 2098341, BEING THE NW1/4, NW1/4 OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. PARCEL 3: WELD COUNTY PARCEL NUMBER: 080532000058 LOT A OF RECORDED EXEMPTION NO. 0805-32-1-RE1539, ACCORDING TO THE MAP RECORDED OCTOBER 28, 1993 IN BOOK 1408 AT RECEPTION NO. 2357087 BEING A PART OF THE FOLLOWING DESCRIBED PARCEL: ALL THAT PART OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 32, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. LYING EAST OF THE FOLLOWING DESCRIBED LINE AND NORTH OF THE CENTER LINE OF THE CACHE LA POUDRE RIVER: COMMENCING AT THE NORTHEAST CORNER SAID SECTION 32 CONSIDERING THE NORTH LINE OF SAID SECTION 32 TO BEAR NORTH 90 DEGREES 00 MINUTES WEST AND WITH ALL OTHER BEARINGS DESCRIBED HEREIN BEING RELATIVE THERETO; THENCE NORTH 90°00' WEST ALONG THE NORTH LINE OF SAID SECTION 32, A DISTANCE OF 985.50 FEET TO THE TRUE POINT OF BEGINNING;THENCE SOUTH 00°07'40" WEST 463.40 FEET; THENCE SOUTH 00°04'20" WEST, 1,162.00 FEET TO THE EXISTING CENTER OF THE CACHE LA POUDRE RIVER AND THE TERMINUS OF THE LINE. PARCEL 4: WELD COUNTY PARCEL NUMBER: 080532100072 THAT PARCEL OF LAND SITUATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32 TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE -SIXTEENTH CORNER OF SAID SECTION 32, WHENCE THE EAST ONE -QUARTER CORNER OF SAID SECTION 32 BEARS NORTH 88°2T12" EAST, A DISTANCE OF 1335.15 FEET, SAID LINE FORMING THE BASIS OF BEARINGS FOR THIS DESCRIPTION; THENCE ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32 NORTH 00°26'17" WEST, A DISTANCE OF 647.70 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE OF A PARCEL OF LAND DESCRIBED BY A LAND SURVEY PLAT RECORDED AS RECEPTION NO. 2422123, BOOK 1475, PAGE 32, JANUARY 9, 1995 ACCORDING THE WELD COUNTY RECORDS AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 00°26'17" WEST 179.40 FEET; THENCE NORTH 09°35'28" EAST, A DISTANCE OF 281.14 FEET; THENCE NORTH 74°25'18" EAST, A DISTANCE OF 115.85 FEET; THENCE SOUTH 64°08'33" EAST, A DISTANCE OF 257.72 FEET; THENCE SOUTH 64° 08'33" EAST, A DISTANCE OF 108.40 FEET; THENCE SOUTH 52°14'29" WEST, A DISTANCE OF 583.82 FEET TO A POINT ON SAID EASTERLY LINE OF RECEPTION NO. 2422123; THENCE ALONG SAID EASTERLY LINE NORTH 40°17'12" WEST, A DISTANCE OF 38.61 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 3.060 ACRES MORE OR LESS. • • • Riverview Resource MINE RECLAMATION COSTS ITEM UNIT COST PER UNIT NUMBER OF UNITS TOTAL COST IDirect Cost Earthmoving and Revegetation ITEM I PERCENT OF D.R.C. COST Indirect Cost: Overhead & Profit LD � in 50I 00 O OW 50I N NO 00 r 00 O N- 'Total Direct Reclamation Cost (D.R.C.) 0 LO Ln , 1.55% 00 0 O O 0 O vi ITotal Indirect Reclamation Cost Per Acre Cost of Reclamation (40 acres) Public Liability Insurance Contractor Performance Bond Contractor Profit IDRMS Project Administration Expense Acre Acre N 0 < 2 0 < Cubic Yard d O Q d U Q Cubic Yard Linear Foot Lump Sum Lump Sum Grass Seed Mix Drilling Grass Seed IFertilizer-40#A N&P Fertilizer Application Top Soiling with Dozer/Loader Disking or Scarifying Weed Control O) C_ a O Co Y U co m I Conveyor Removal Mobilization & Demobilization N C) c C co d K:\Barbb\AI\Greeley\Referral Response\DRMS response 3 10 09\Exhibit L Rec Cost Estimate for DRMS to calculate.xls 3/10/2009 r DEPARTMENT OF NATURAL RESOURCES Vett SEp 2 4 2008 DIVISION OF WATER RESOURCES September 22, 2008 Ms. Kimberly K. Frick Applegate Group, Inc. 1499 West 1201 Avenue, Suite 200 Denver, CO 80234-2759 RE: WW Farms Expansion, Substitute Water Supply Plan (WDID No. 0303014) DRMS File No. M-99-098 Sections 29 & 33, TEN, R66W, 60 P.M. Water Division 1, Water District 3, Weld County Approval Period: January 1, 2009 through December 31, 2009 Contact Phone Number for Ms. Kimberly K. Frick: 303-452-6611 Dear Ms. Frick: Bill Ritter, Jr. Governor Harris D. Sherman Executive Director Dick Wolfe, P.E. Director This letter is in response to the application submitted in April 2008 requesting a substitute water supply plan (SWSP) for a sand and gravel pit to be operated by Aggregate Industries-WCR, Inc. ("Applicant") in accordance with Section §37-90-137(11), C.R.S. The applicant shall be responsible for compliance with this plan, but the State Engineer's Office may also pursue the landowner for eventual compliance. The required fee of $1,593 for the substitute water supply plan has been paid. Plan Operations This plan seeks to replace depletions resulting from the mining at the W.W. Farms Expansion Pit ("Gravel Pit"). The depletions that result from the proposed dry -mining operation include evaporation, dust control, and water lost in mined product. The Applicant proposes to construct dewatering trenches to allow for dry -mining and to reduce the evaporative losses associated with the operation. During mining, a total of up to 1 acre of groundwater in the dewatering trenches may be exposed within the permit area including all exposed water surfaces. The dewatered water will be discharge through a drainage swale directly back to the Cache La Poudre River. Depletions This plan describes the proposed water uses from January 1, 2009 through December 31, 2009. The proposed plan anticipates a maximum year depletion of 19.60 acre-feet from an exposed groundwater surface area of 1 -acre in the dewatering trenches. The IDS AWAS stream depletion model was used to determine the lagged depletions to the Cache La Poudre River. The following parameters were used in the model: transmissivity (T) = 117,000 gallons per day per foot, specific yield (SY) = 0.2, the distance from the Cache La Poudre River to the edge of the alluvium = 8,750 feet, and the distance from the centroid of the exposed surface water areas to the Cache La Poudre River is approximately 700 feet. You have provided a monthly breakdown of the annual depletions at this site in your attached Table 2. The table shows that during the period of January through December 2009, the total depletions are estimated to be 19.6 acre-feet corresponding to 2.88 acre-feet of evaporative loss from an exposed water surface of 1 -acre, 14.72 acre-feet of water lost with mining of 500,000 tons Office of the State Engineer 1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589 www.waterstate.co.us Kimberly K. Frick Page 2 September 22, 2008 of aggregate and 2 acre-feet of dust control. These depletions have been lagged to the Cache La Poudre River and they are 17.69 acre-feet. The estimated depletions are based upon groundwater evaporation, water in mined product, and dust control. No groundwater will be used for equipment washing, concrete production, reclamation, or any other purpose. Replacements The proposed source of replacement water for this pit during the irrigation season (April through September) is historical consumptive use credit from 2.5 shares of the Whitney Ditch (WDID No. 0300930). All of this ditch interest will be dedicated to this plan. A total of 40 shares of the Whitney Ditch were recently changed in case no. 2002CW390 that was approved by the water court on September 26, 2007. As in case no. 2002CW390, this plan will estimate ditch loss to be 15 percent, a maximum farm irrigation efficiency of 60% will be used, and a return flow split of 50/50 between surface and subsurface return flows will be used. The 2.5 shares were historically used for the irrigation of 24 acres. The attached Table 3 summarizes the consumptive use analysis for the 2.5 Whitney Ditch shares that were used on the 24 acre property. The total net consumptive use available for the dry -up of this 24 -acre property is 37.3 acre-feet. The return flow of the 2.5 Whitney Ditch shares will be maintained by this plan. The remainder of the replacement water for this pit during both the irrigation and non -irrigation season is a lease of fully consumable water from excess South Platte Combined Replacement Plan. This water comes from a combination of sources, effluent from the City of Westminster (275 acre- feet), effluent from the City of Thornton (10.5 acre-feet), and 30 acre-feet from the City of Centennial. The leased water will be delivered to the South Platte River at the Metro wastewater treatment plant or the Big Dry Creek wastewater treatment plant located upstream of the confluence with the Poudre. A transit loss of 0.5% per mile has been applied to the projected depletions due to the location of the replacement delivery. The monthly depletions and replacement requirements are found on the attached Table 4. Note that only water rights decreed for augmentation purposes may be used in this plan. Conditions of Approval As required by Section 8 of Senate Bill 89-120, this SWSP has been provided to an outside consultant for review. The consultant has recommended approval of the plan by way of a draft of this letter. Based upon statutory requirements and the recommendations of the consultant, I hereby approve the proposed substitute water supply plan in accordance with § 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 superseded 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 (currently $257) no later than November 1, 2009. 2. Prior to operation of the gravel pit pursuant to this plan, the Applicant must obtain a new well permit for the exposure of ground water and the uses described herein in accordance with §37-90-137(2) and (11), C.R.S. Once a permit is obtained, the Applicant must provide all follow up documentation and forms necessary to keep the permit valid. The provisions of §37-90-137(2) prohibit the issuance of a permit for a well to be located • • • • • • Kimberly K. Frick September 22, 2008 within 600 feet of any existing well, unless the State Engineer finds that circumstances so warrant after a hearing in accordance with the procedural rules in 2CCR402-5. The hearing will 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 the 600 foot spacing, or any other legitimate reason, approval of this substitute supply plan will be canceled. 3. The water consumption and depletions associated with this mining operation must not exceed 19.60 acre-feet. The total surface area of the groundwater exposed at the W. W. Farms Expansion Pit must not exceed 1 -acre during the approval period of this SWSP resulting in an annual evaporative loss of 2.88 acre-feet. 4. The annual amount of water used at the operation shall not exceed 2.00 acre-feet for dust control 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. 5. Total consumption at the W,W. Farms Expansion Pit must not exceed the aforementioned amounts unless an amendment is made to this plan. 6. Approval of this plan is for the purposes as stated herein. Any additional uses of this water must first be approved by this office. If it is anticipated that the total surface area exposed will exceed those amounts, an amendment will need to be filed with this office prior to such expansion. 7. All pumping for dust control shall be measured in a manner acceptable to the Division Engineer. 8. All releases of replacement water must be sufficient to cover all out -of -priority depletions in time, place, and amount and must be made under the direction and/or the approval of the water commissioner. The release of replacement water may be aggregated to maximize beneficial use. The water commissioner and/or the division engineer shall determine the rate and timing of an aggregated release. 9. Replacement water is to be supplied by the 2.5 Whitney Ditch shares and excess South Platte Combined Replacement Plan and will be delivered according to the schedule included in this plan (see attached Table 4) subject to modification by the Division Engineer or Water Commissioner. Transit losses may be modified, as determined necessary, by the Division Engineer per CRS 37-80-102(7) & CRS 37-83-104. 10. The replacement water that is the subject of this plan cannot be sold or leased to any other entity. As a condition of subsequent renewals of this substitute water supply plan, the replacement water must be appurtenant to this site until a plan for augmentation is obtained. A copy of this approval letter should be recorded with the County Clerk and Recorder. All replacement water must be concurrent with depletions in quantity, timing, and locations. 11. Adequate accounting of depletions and replacements must be provided to the division engineer in Greeley and the water commissioner on a monthly basis or other interval acceptable to both of them. The accounting form provided with your application is subject to Page 3 Kimberly K. Frick Page 4 September 22, 2008 modification and approval by the division engineer. All amounts shall be in acre-feet. The accounting must include a list of locations and amounts of this leased water committed for replacement purposes. 12. 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. 13. 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. 14. The Applicant shall perform an inspection and provide verification for all parcels of dried up land used to generate augmentation credits during the term of this SWSP. The final verification of dry up will be in the form of an affidavit signed by an individual having personal knowledge of the dry up for the entire irrigation season for each parcel of land used in this SWSP. The Applicant shall provide all affidavit(s) to the division engineer by November 15, 2009 in order that the final determination of augmentation credits for the irrigation season can be made along with mapping showing any revisions to the dry up acreage. The Applicant shall modify accounting to reflect that the credit from any dried-up fields containing alfalfa or native grass was assessed in the following manner: (a) For fields deep tilled or chemically treated to successfully kill alfalfa or native grass, 100% credit will be given for consumptive use as otherwise computed under the conditions of this approval. (b) For fields not deep tilled or chemically treated to successfully kill alfalfa or native grass, records of monthly monitoring of depth to ground water at existing irrigation wells or existing or new monitoring wells or piezometers within'/4-mile of each alfalfa or native grass field must be maintained. Credits will be reduced according to the following table when depth to ground water is less than the depth assumed to provide no significant contribution to native grass or alfalfa growth. Measurements taken at the start of each month will determine the necessary reduction in credit to be applied during the following month. The applicant may use another methodology upon review and approval by the State Engineer and Division Engineer. Depth to Ground Water (Feet) Percent Reduction in CU Credit' Native Grass Alfalfa 1 85% 100% 2 50% 90% 3 30% 75% 4 20% 50% 5 15% 35% 6 10% 20% 7 5% 15% 8 0% 10% 1. Adapted from EVAPOTRANSPIRATION AND AGRONOMIC RESPONSES IN FORMERLY IRRIGATED MOUNTAIN MEADOWS, South Path, Colorado, March 1, 1990; Revised September 1, 1991 • • • • • • Kimberly K. Frick Page 5 September 22, 2008 15. The approval of this SWSP 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. 16. 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. Once dewatering at the site ceases, the delayed depletions must be addressed. Accordingly, dewatering is required to continue during the term of this approval. 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. 17. This substitute water supply plan may be revoked or modified at any time should it be determined that injury to other vested 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 diversions under this plan must cease immediately. 18. A financial warranty in the form of a bond for $115,400, which is sufficient to pay for reclamation of the area disturbed by mining, has been obtained through the Division of Reclamation, Mining and Safety. Therefore, in the event that the operator and/or landowner fail to obtain a water court decreed plan for augmentation sufficient to replace depletions from the exposed ground water surface in the pit, the bond can finance the backfilling or lining of the pit. 19. In accordance with amendments to §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 the substitute supply is of a quality to meet requirements of use to which the senior appropriation receiving the substituted supply has normally been put. As such, water quality data or analyses may be requested at any time to determine if the requirements of use of the senior appropriator are met. 20. 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 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 this applicant. Kimberly K. Frick Page 6 September 22, 2008 Please contact loans Comaniciu in Denver at (303) 866-3581, or Dave Nettles in Greeley at (970) 352-8712, if you have any questions concerning this approval. Sincerely Kevin G. Rein Chief of Water Supply Attachments: Tables 2, 3, and 4 cc: Dave Nettles, Assistant Division Engineer (810 9Th Street, Ste. 200, Greeley, CO 80631 (970) 352-8712) George Varra, Water Commissioner, Water District 3 (1400 Highway 287 North, Ft. Collins, Colorado 80524, 970-484-1628) Mark McLean, Deere & Ault Consultants, Inc. Division of Reclamation Mining and Safety • • • L • Table -2 Aggregate Industries-WCR, Inc. WW Farms Expansion Operational Losses i Applegate Group, tDc, Date; June -08 Job #: 06.103 Month Percent of Annual Aggregate Production (1) Aggregate Production (tons) (2) Water Retained in Product (ac -ft) (3) Water Used Dust Control (ac -ft) (4) Operational Consumptive Use (ac -ft) (5) Evaporative Consumptive Use (ac -ft) (6) Total Depletion (ac -ft) (1) Jan 1.0% 5,000 0.15 0.02 0.17 0.08 0.25 Feb 2.0% 10,000 0.29 0.04 0.33 0,11 0.44 Mar 6.0% 30,000 0.88 0.12 1.00 0,14 1.15 Apr 9.0% 45,000 1.32 0.18 1.50 0.24 1.74 May 13.0% 65,000 1.91 0.26 2.17 0.31 2.48 Jun 16.0% 80,000 2.35 0.32 2.67 0.43 3.10 Jul 17.0% 85,000 2.50 0.34 2.84 0.46 3.30 Aug 15.0% 75,000 2.21 0.30 2.51 0.43 2.93 Sep 9.0% 45,000 1.32 0.18 1.50 0.30 1.81 Oct 7.0% 35,000 1.03 0.14 1.17 0.20 1.37 Nov 4.0% 20,000 0.59 0.08 0.67 0.10 0.77 Dec 1.0% 5,000 0.15 0.02 0.17 0.08 0.25 Total 100% 500,000 1432 2.00 16.72 2.88 19.60 Total Material Mined = Moisture Content = Dust Control = 500,000 4.0% 2.0 tons ac -ft Notes: (1) Based on estimated mining activity. (2) Equals column (1) * Total Material Mined. (3) Equals column (2) * 4% * (2000 / 62.4) / 43,560. (4) Dust control was estimated at apprmdmately 2 acre-feet annually, (5) Equals column (4) + (3). (6) Taken from Table No. 1.. (7) Total Depletions equal column (5) + column (6). • IL U H K C 8 .o n Lb a) H N rn 4% cuL� .0 ICI 01 f.. Q U i+ O a) Y t 0 d L R to In F� ri L w E Ca in E N C U Average Pro -Rata Farm Water Surface Lagged Historic Diversion for Headgate Available Crop Irrigation Actual Historic Total Return Subsurface Subsurface Accretions/ Headgate Delivery (FHD) to Crop Requirement Consumptive Return Flows Return Return Flows Depletions Month (af) (af) (af) (CIR) (af) Use (at) Flows (af) (af) Flows (af) (af) at River (af) r M .-i O M in N 0 0 V• Vl N VI ri rl rl O V1 00 M H V) •-1 .i 71 (TOTAL ; 10,595.5 70.4 42.2 43.8 37.3 `: 33.1i' 16.6 16.6i' 16.6 37.3 M' O C\ C) W V' I--: T 0 N IA C- ti .-I .-I O O .4 .4 .-+ .4 N .-I .-7 0 0 0 VD in d' in CO 1p N O O = O O O O N N Vr M N O O O 0 0 0 tD in V' IA Co LO N O O ... 0 0 0 0 N N V- MN 0 0 0 LL 0 0 0 .•-i O1 pi g ut Til V• O O 0 0 0 .-I vatt of N VI 0 0 0 W O O O to O Ot N O 0 N O 0 0 0 0 0 V' tD O. Og Q 0 0 0 B 0 0 0 V' N 0 00 N .y CO 0 0 O O O .-i V' Oi ti r, V1 O O O V 0 0 0- C .+co 'A rn c 0 0 0 0 0 -4 Vi h „Vi ,O V1 0 0 0 0 0 o co O 0? N IA C' N 00 SOOO.+oitic,L1 ;,:`, (no od Q IT to Ot 00 .-I o O M LDD V N tD M IT 0 0 0 N ry,ri 1. V' ,y N NN N N N N c a m`a( C . o °Iizaz,,3I ¢5ozo 0 O Na) U e 0. m E o .n o 3 N ri O -4 u II V m2(� .1§I m C E C C414' iii o N a O y LA E O C ) +�-• O N Y C .2(a >s .a) -S.-i o 3 U E P Y 45 f0 .00 o m e C 3..4 -o0 In N C g3 0 rn CO v G oI o E Q J y O H v C ? O = d C ) Ot N C I▪ ''v0 Q C N C VI 0) E O m C G is e-+ CO low t�a oE3A ≥ o bW � -sm 6- ocm—oEl,co o 0 to cu : m_n N cb -91, v � N Ln cu E 13 i � \ t .3 EE o v N o E`aQE3 .S€v0t LL 10 .ti 4-cn ..B .o 3 b (m (ma u 0 L a ma a v"i a E LF `cg LL v', v)-iz < co O O W W or 3--i n • • • • Table -4 Aggregate Industries-WCR, Inc. WW Farms Expansion Water Balance fro Applegate Group, Ines Date: June -08 Job #: 06-103 Net Depletions South Platte Replacement Sources Balance Month Total Depletions (at) (1) Lagged Depletions (af) (2) Net Accretions and Depletions for 2.5 sh of Whitney (at) (3) Net Obligations (at) (9) Excess CU Credit (af) (5) Available Perpetual Lease from Westminster (6) Thornton Effluent Lease (7) Centennial Lease (8) Excess South Platte CU Water (9) Jan 0.25 0.15 -1.25 -1.40 18.36 1.47 18.43 Feb 0.44 0.31 -1.11 -1.42 16.53 1.38 16.49 Mar 1.15 0.77 -0.99 -1.76 18.29 1.47 18.00 Apr 1.74 1.28 0.27 -1.01 17.43 16.42 May 2.48 1.88 5.53 0.00 3.66 17.76 17.76 Jun 3.10 ' 2.44 8.21 0.00 5.77 16.72 16.72 Jul 3.30 2.76 13.84 0.00 11.08 9.96 9.96 Aug 2.93 2.66 12.04 0.00 9.38 9.97 9.97 Sep 1.81 1.98 5.40 0.00 3.42 9.82 9.82 Oct 1.37 1.51 -1.50 -3.01 17.69 17.10 31.79 Nov 0.77 1.04 -1.72 -2.76 17.46 1.42 16.13 Dec 0.25 0.58 -1.45 -2.03 18.28 1.47 17.72 Total 19.60 17.34 37.26 -13.39 33.31 188.27 7.22 17.10 199.20 Notes' (I) Total Depletions from Table 2 (2) Glover Technique: T = 117,000 gpd/ft, Dist to River = 700 ft, Width of AiliMum = 8750 ft; S = 0.2 (see Append A) (3) Aacuetlons are (+) gains to the stream system and depletions (-) are owed (9) Includes the Return flaw obligations from the Whitney + the lagged Depletions from the Site (5) Whitney Win excess of depletions that need replacement. (6) Perpetual Lease from Westminster is 295 ac -feet • 20 of used for Teti Aug Plan (Includes 0.5% transit loss per mile for 63 miles) (7) Ongoing ;ease of Effluent from the Oty of Thornton (Includes 0.5% transit loss per mile for 63 miles) (8) Ongoing lease from Centennial for 30 af (Includes 0.5% transit loss per mile for 86 miles) (9) Sum of (6) + (7) + (8) - (9) the Net Obligations for the Site t • • • Structure Owner Signature AGREEMENT TO MINE WITHIN 200 FEET OF PERMANENT MAN-MADE STRUCTURES THIS AGREEMENT, entered into by and between Aggregate Industries -WCR, Inc., hereinafter called "Aggregate Industries", whose address is 1707 Cole Blvd., Golden, Colorado 80401, and: Qwest 1801 California St., 25th Floor, Denver, CO 80202, hereinafter referred to as the "Structure Owner". The Colorado Mined Land Reclamation Act requires that landowners adjacent to a proposed mining operation be informed about the mine and the reclamation. Further, the Act provides protection for structures that are within 200 feet of a mining operation. Aggregate Industries, is submitting an amendment application to the State of Colorado for its Division of Minerals and Geology Regular 112 Operation Permit M-1999-098 and an amendment application to Weld County for Use by Special Review Permit 2nd AmUSR-897, for sand and gravel mining located within Sections 29, 32 and 33, T6/N, R66W of the 6th P.M., Weld County, Colorado. The Structure Owner owns a permanent man-made structure or structures within 200 feet of the land affected by the mining and reclamation operations. The description of the structure(s) is as follows: fiberoptics, telephone lines, and buried telephone lines, as shown on Exhibit C, Sheet 2 of the Mining Plan Map Amendment to M1999-098. By this agreement Aggregate Industries commits that, if its mining operation causes damages to Structure Owner's structure(s) within 200 feet of such operations, Aggregate Industries will repair or replace such structure(s) or compensate Structure Owner for the value of said structure(s). The parties hereto acknowledge and agree to the above -stated items. AGREED: Structure Owner: Qwest Date: State Of Colorado q ) ss. County of l.✓gZ-(� ) The foregoing instrument was acknowledged before me this 1 Z day of , Z t t/7eetz. , 2008, by %o NALii' irlE - as l2/t.4..) ilibiotipteaLIL of Qweersy Cc:tit -►erta wi (S E A L) My Commission expires: //,€)17/2O 1/7 • Agreement to Mine Within 200 Feet of Permanent Man -Made Structures Aggregate Industries - WCR, Inc./Qwest Page Two Aggregate Industries - WCR, Inc. Date: State Of Colorado County of* ) / /q The foregoing instrument was acknowledged before me this day of Ada/ , 200)by of Aggregate Industries - WCR, Inc. /O /y7. as,4 ►(I7°g ss. 2414Q6' Cfl. ea -07 as //19- al4rela . (SEAL) My Commission expires: 02 /G -fl9' • • Notary Public • • AGREEMENT TO MINE WITHIN 200 FEET OF PERMANENT MAN-MADE STRUCTURES Pewit lee THIS AGREEMENT, entered into by and between Aggregate Industries -WCR, 1 , hereinafter called "Aggregate Industries", whose address is 1707 Cole Blvd., Golden, Colorado 80401, and: Allison gaewwke 13165 CR 64, Greeley, CO 80634, hereinafter referred to as the "Structure Owner". The Colorado Mined Land Reclamation Act requires that landowners adjacent to a proposed mining operation be informed about the mine and the reclamation. Further, the Act provides protection for structures that are within 200 feet of a mining operation. Aggregate Industries, is submitting an amendment application to the State of Colorado for its Division of Minerals and Geology Regular 112 Operation Permit M-1999-098 and an amendment application to Weld County for Use by Special Review Permit 2n° AmUSR-897, for sand and gravel mining located within Sections 29, 32 and 33, T6/N, R66W of the 6th P.M., Weld County, Colorado. The Structure Owner owns a permanent man-made structure or structures within 200 feet of the land affected by the mining and reclamation operations. The description of the structure(s) is as follows: a farm house, and buildings, as shown on Exhibit C, Sheet 2 of the Mining Plan Map Amendment to M1999-098. By this agreement Aggregate Industries commits that, if its mining operation causes damages to Structure Owner's structure(s) within 200 feet of such operations, Aggregate Industries will repair or replace such structure(s) or compensate Structure Owner for the value of said structure(s). The parties hereto acknowledge and agree to the above -stated items. AGREED: Structure Owner: $tverlee Allison&ewniee Struc ure Owner Signature Date: State Of Colorado ) ss. County of 4/4/ ) The foregoing instrument was acknowledged before me this o2 day of es -a Gt , 2008, by 6O k ti entj4 -)7 as of (SEAL) My Commission expires: 00/l -d9 • Notary Public 4 • I • Agreement to Mine Within 200 Feet of Permanent Man -Made Structures Aggregate Industries - WCR, IncJAllison Brownlee Page Two Aggregate Industries - W : Inc. Date: State Of Colorado )ss. County of �py)/har� ) 4S4The foregoing instrument was acknowledged before me this y day of 2008 by as ______i/ t , of Aggregate Industries - WCR, Inc. nucht, e. (SEAL) My Commission expires: Notary Public • • • AGREEMENT TO MINE WITHIN 200 FEET OF PERMANENT MAN-MADE STRUCTURES THIS AGREEMENT, entered into by and between Aggregate Industries -WCR, Inc., hereinafter called "Aggregate Industries", whose address is 1707 Cole Blvd., Golden, Colorado 80401, and: DCP Midstream 370 17th St., Ste 2500, Denver, CO 80202, hereinafter referred to as the "Structure Owner". The Colorado Mined Land Reclamation Act requires that landowners adjacent to a proposed mining operation be informed about the mine and the reclamation. further, the Act provides protection for structures that are within 200 feet of a mining operation. Aggregate Industries, is submitting an amendment application to the State of Colorado for its Division of Minerals and Geology Regular 112 Operation Permit M-1999-098 and an amendment application to Weld County for Use by Special Review Permit 2n° AmUSR-897, for sand and gravel mining located within Sections 29, 32 and 33, T6/N, R66W of the 6'" P.M., Weld County, Colorado. The Structure Owner owns a permanent man-made structure or structures within 200 feet of the land affected by the mining and reclamation operations. The description of the structure(s) is as follows: gas lines, as shown on Exhibit C, Sheet 2 of the Mining Plan Map Amendment to M 1999-098. By this agreement Aggregate Industries commits that, if its mining operation causes damages to Structure Owner's structures) within 200 feet of such operations, Aggregate Industries will repair or replace such structure(s) or compensate Structure Owner for the value of said structure(s). The parties hereto acknowledge and agree to the above -stated items. AGREED: Structure Owner: DCP Midstream Structure Owner Signature State Of Colorado ) ss. County of G✓aLA ) Date: /,7.-0 3-2609 The foregoing instrument was acknowledged before me this •14S -day of beee tt fref.2008, by .4/;, ./4ap <., /nit as /a .44./."7 Zs. Fi.cr of 2 C/" /"r.'.s/ry awyL (SEAL) My Commission expires: 3 (a I ©_` Notary Public • • • Agreement to Mine Within 200 Feet of Permanent Man -Made Structures Aggregate Industries - WCR, Ine./DCP Midstream Page Two Aggregate Industries - WCR, Inc. Date: State Of Colorado ) ss. County of (IV ) The foregoing instrument was acknowledged before me this day of qty ?ladled) C. 261,- as VP - Ccstnu;n of Aggregate Industries WCR. Inc. dirndl 42,,e i/q/09 (SEAL) My Commission expires: /le - D q Notary Public 9 , 200/ by • • • AGREEMENT TO MINE WITHIN 200 FEET OF PERMANENT MAN-MADE STRUCTURES THIS AGREEMENT, entered into by and between Aggregate Industries -WCR, Inc., hereinafter called "Aggregate Industries", whose address is 1707 Cole Blvd., Golden, Colorado 80401, and: North Weld County Water District, 33247 Hwy 85, Lucern, CO 80646, hereinafter referred to as the "Structure Owner". The Colorado Mined Land Reclamation Act requires that landowners adjacent to a proposed mining operation be informed about the mine and the reclamation. Further, the Act provides protection for structures that are within 200 feet of a mining operation. Aggregate Industries, is submitting an amendment application to the State of Colorado for its Division of Minerals and Geology Regular 112 Operation Permit M-1999-098 and an amendment application to Weld County for Use by Special Review Permit 2n° AmUSR-897, for sand and gravel mining located within Sections 29, 32 and 33, T6/N, R66W of the 6'" P.M., Weld County, Colorado. The Structure Owner owns a permanent man-made structure or structures within 200 feet of the land affected by the mining and reclamation operations. The description of the structure(s) is as follows: a building, overhead power lines, and water lines as shown on Exhibit C, Sheet 2 of Mining Plan Map Amendment to M 1999- 098. By this agreement Aggregate Industries commits that, if its mining operation causes damages to Structure Owner's structure(s) within 200 feet of such operations, Aggregate Industries will repair or replace such structure(s) or compensate Structure Owner for the value of said structure(s). The parties hereto acknowledge and agree to the above -stated items. AGREED: Structure Owner: North W Id County W r istrict Structure Owner Signat State Of Colorado ) ss. County of (Wad Date: /L%9Ag" The foregoing instrument was acknowledged before me this BIB, day of Qe.ce..H.4,a/ (door\es b.Oa :6V as Pre ,t&We ID -19-%12 2008, by of 1•Ior L AACank7 Woad' ptstntt of ry ublic • • • Agreement to Mine Within 200 Feet of Permanent Man -Made Structures Aggregate Industries - WCR, Inc./ North Weld County Water District Page Two Aggregate Industries - WCR, Inc. By State Of Colorado County of ) ss. Date: / The foregoing instrument was acknowledged before me this � ay of I / 170 tAiiilee09 as 1/40- (SEAL) My Commission expires: c.,2 -7/4e7 of Aggregate Industries -WCR, Inc. , Notary Public Affidavit of Publication • Aggregate PUBLIC NOTICE 303.716.5312, has filed an application 7 Cole Bto t am amend aRegular r(112) Construction Materials Operation Reclamation Permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construc- tion Materials. The proposed mine Is known as Riverview Re- source , and is located at or near Sections 29, 32 & 33, Town- ship 614, Range 66W, 601 Prime Meridian. The proposed date of commencement is January 2010, and the proposed date of completion is 2024. The proposed future use of the land is Wildlife Habitat. Additional information and tentative decision date may be obtained from the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567, or at the Weld Clerk to the Board's office; 918 10th SI., Greeley, CO, or the above -named applicant. Comments must be in writing and must be received by the Divi- sion of Reclamation, Mining, and Safety by 4:00 p.m. on Janu- ary 2, 2009. The Tribune November 22, 29. December 6, 13, 2008 • STATE OF COLORADO County of Weld, Jennifer Usher ss. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE TRIBUNE that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the, issue of the said newspaper - bearing date the Twenty-second day of November AD. 2008 and the last publication thereof: in the issue of said newspaper bearing date the Thirteenth day of December AD. 20081 that said The Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue there of contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. November 22, 29, December 6, 13, 2008 Total Charges: $130.56 13th day of December, 2008 My Commission Expires 02/14/2011 Notary Public. • 25h2 0E62 a V 4i v T� 40.10 TO ghG W• Lom m 2± O O 00 C rn ✓ N t. 3 Cl) Q 6 0 ° ¢m a cm ma m` `e U 2000 0952 LOU. U `m Cl- 0 ^1 m 0 zcco U U'_ U u E `9 c o 0 7007 2560 0002 2930 2452 • a co W L O m 00 119.S O 0 o U a Cl r< 74 :Li/2e/oa = C4 0 - 7. of WCI t W L`4 ^ — 00 C4 WG4 o 0 4)WLL ▪ ow - - u F-11:: (3 Z_W CA nH? C4 W.3L-3 @1 CO Id 2 m = �fO3 91 - Z r; O ' u! = o — L H X H a �7 Q t 'I f-" a jn a - f c iL -�CM �. 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