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Home My WebLink About20083854.tiff C CONSTRUCTION ACiGREGATES LEASING GOLF • I.1 August 20,2008 Laura E. Dorety Land Administrator Merit Energy Company 13727 Noel Rd.Suite 500 Dallas,Texas 75240 RE: Hall•Irwin Corporation's Parker Dersham Resource 1 Dear Laura: Hall-Irwin Corporation had submitted an application to Weld County for a Use by Special Review Permit to mine and reclaim their Parker Dersham Resource. Hall-Irwin Corporation/Lot Holding Investments,LLC has a surface use agreement in place with Merit Energy for the Dersham property, However,landowners Robert and Valerie Parker do not have a surface use agreement for their parcel. The Parker property is located in a part of the Southwest one-quarter of the Northeast one-quarter of Section 36,Township 1 North,Range 67 West of the 6th Principal Meridian,Weld County,Colorado. As part of the permitting process,Weld County requires that any oil and gas company with mineral interest rights approve of the proposed surface use. The Parker property is shown as Phase1 and Phase 2 on the attached mining plan map. Hall-Irwin anticipates that the site will be mined and backfilled to the existing slopes within two years(per a contractual agreement with the Parkers)so Merit will have access to the mineral resource below the property. Please indicate your approval of the mining plan by signing below. Thank you for your assistance. Sincerely, HA -IRWIN CORP TIC 1= r}a vision Manager HALL—I RWIN 208_� CORPORATION PLIGW 301 CENTENNIAL DRIVE MILLIKEN,COLORADO 80543 970-352-6057 970-352-6284 FAx 11 Ili k /1 ' f • Acceptance I, the undersigned approve of Hall-lrwin's proposed mining plan as described above. Name,add - 'hone .-r, ''te Lau-Pete * rc. e. -e '75 7,.i achment: Parker Dersham USR Mining Plan Map i.. Form No. OFFICE OF THE STATE ENGINEER GWS-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver,Colorado 80203 (303)866-3581 AUTH WELL PERMIT NUMBER 67585 -F APPLICANT DIV. 1 WD2 DES. BASIN MD APPROVED WELL LOCATION WELD COUNTY SW 1/4 SE 1/4 Section 36 HALL IRWIN Township 1 N Range 67 W Sixth P.M. C/O CIVIL RESOURCES DISTANCES FROM SECTION LINES PO BOX 680 Ft. from Section Line FREDERICK, CO 80530- Ft. from Section Line (303) 833-1416 UTM COORDINATES(Meters,Zone:13,NAD83) PERMIT TO EXPOSE WATER IN A PIT Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2)and(11)for the operation of a well(gravel pit ground water pond)in accordance with the temporary substitute water supply plan approved by the State Engineer on July 31,2008 for the Parker-Dersham Resources Pit,Division of Reclamation Mining&Safety Permit Number M-2006-003.The well shall not be operated unless it is included in a substitute water supply plan approved by the State Engineer or a plan for augmentation approved by the Water Court. The water supply plan for this pit is currently valid through December 31,2008 and if it is not extended or if a court decree is not entered for a plan for augmentation,this well permit is null and void, and diversion of ground water from this well must cease immediately. 4) This well is subject to administration by the Division Engineer in accordance with applicable decrees,statutes,rules,and regulations. 5) The annual amount of the ground water to be appropriated shall not exceed 15.75 acre-feet with the total surface area of the gravel pit ground water pond is limited to 0.56 acres or the amounts covered under a water court approved plan for augmentation or substitute water supply plan approved by the State Engineer,whichever is less.No additional water surface shall be exposed unless a permit therefor is approved. 6) The use of ground water,in addition to dewatering, is limited to 1.66 acre-feet of evaporative loss, 12.43 acre-feet of water lost with the • mined product(422,500 tons)and 1.67 acre-feet of water used for dust suppression or the amounts covered under a water court approved plan • for augmentation or substitute water supply plan approved by the State Engineer,whichever is less.No other use of water is allowed unless a permit therefor is approved. 7) The owner shall mark the well in a conspicuous place with well permit number(s)and court case number(s)as appropriate. The owner shall take necessary means and precautions to preserve these markings. 8) Pursuant to Policy 2000-4(as amended October 1,2002)of the State Board of Examiners of Water Well Construction and Pump Installation Contractors(Board),the minimum construction standards in Rule 10 of the Water Well Construction Rules shall be waived for gravel pit ground water ponds except compliance with Rule 10.1 and its subsections 10.1.2, 10.1.4, 10.1.6 and Rule 10.2 and its subsection 10.2.1 is required. The owner of the gravel pit shall take necessary means and precautions to prevent contaminants from entering the gravel pit ground water pond. • 9) Pursuant to Policy 2000-4(as amended October 1,2002)of the Board,the disinfection standards of Rule 15 of the Water Well Construction Rules shall be waived and the water well construction report requirement of Rule 17 shall be waived,except compliance with Rules 17.1.4, 17.3 and 17.4 is required.The site plan and cross section drawings required by Rule 17.1.4 shall include the date ground water was first exposed in the gravel pit. 10) This well shall be located at least 600 feet from any existing well,completed in the same aquifer,that is not owned by the applicant. excluding those wells whose owners were notified pursuant to CRS 37-90-137(2)(b)(II)(A).Spacing agreement was submitted by the owner of well permit no.318-RR. 11) Pursuant to Policy 2000-4(as amended October 1,2002)of the Board.no pumping equipment shall be installed in the gravel pit ground water pond to withdraw water for any beneficial use, unless a separate written request for a variance has been approved by the Board a.467 0210e 1 • • APPROVED ^��g-1�A� / ,/� IDCT_.400/4/4._ vrxyC�l C.�(�/ State Engineer By Receipt No.3628851 DATE ISSUED 11-26-2008 EXPIRATION DATE 11-26-2009 l Jacqueline Hatch From: Jacqueline Hatch Sent: Monday, September 08, 2008 12:57 PM To: 'danna ortiz' Subject: RE: The last thing...I hope for Hall-Irwin's Parker Dersham Resource USR 1611 Good question - it has been a long time. From the emails below it looks like I need a copy of a well permit (as outlined in the Division of Water Resources referral letter) and a copy of the oil and gas surface use agreement for the parker property. I also looked at the paper plats and it looks like the last time I looked at them was back in May and I didn't have any concerns with them. Thanks and let me know if you have any questions Jacqueline Original Message From: danna ortiz [mailto:danna@civilresources.com] Sent: Monday, September 08, 2008 10:49 AM To: Jacqueline Hatch Subject: RE: The last thing. . .I hope for Hall-Irwin's Parker Dersham Resource USR 1611 Good morning Jacqueline. AT LONG LAST, I have obtain a letter from Merit re: the Parker property. Will you please remind me, do I need to turn in the map to you or do you already have it? If you don't, should it be one set of signed mylars or do you want paper? I will submit everything to you today! Thank you. Danna Original Message From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us] Sent: Tuesday, June 03, 2008 8:01 AM To: danna ortiz Subject: RE: The last thing. . .I hope for Hall-Irwin's Parker Dersham Resource USR 1611 Hi I looked over the file last night and all I need is a copy of a well permit (as outlined in the Division of Water Resources referral letter) and the oil and gas surface use agreement that was submitted was for the dersham property. I will still need the surface use agreement for the Parker parcel. Thanks please let me know if you have any questions Jacqueline Original Message From: danna ortiz [mailto:danna@civilresources.com] Sent: Monday, June 02, 2008 4:56 PM To: Jacqueline Hatch Subject: RE: The last thing. . .I hope for Hall-Irwin's Parker Dersham Resource USR 1611 Hi Jacqueline. This is just a friendly reminder to see if we can record the mylars for USR 1611. Thank you. :) Danna Original Message From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us] Sent: Tuesday, May 27, 2008 2:50 PM To: danna ortiz 1 Subject: RE: The last thing E hope for Hall-Irwin's Parker 'sham Resource USR 1611 Danna, Thanks for the email. I don't recall right off hand what still needs to be completed. I will take a look at the file probably tomorrow and get back to you. Thanks Jacqueline Original Message From: danna ortiz [mailto:danna@civilresources.com] Sent: Tuesday, May 27, 2008 2:35 PM To: Jacqueline Hatch Subject: The last thing. . .I hope for Hall-Irwin's Parker Dersham Resource USR 1611 Hello Jacqueline, Attached please find a letter from the Office of the State Engineer that signifies their receipt of the Temporary Substitute Water Supply Plan (per your request we amended the Baseline TSSP to exclude Parker Dersham and we submitted a new TSSP for Parker Dersham) and the surface use agreement for the adjacent HIBE property. May we now record the mylars? Will you please remind me, do we need to provide you with the mylars or do you already have them? What is the recording fee? Thank you. Danna No virus found in this incoming message. Checked by AVG. Version: 8.0.100 / Virus Database: 269.24.1/1468 - Release Date: 5/26/2008 3:23 PM No virus found in this incoming message. Checked by AVG. Version: 8.0.100 / Virus Database: 269.24.4/1478 - Release Date: 6/2/2008 7:12 AM 2 A1/1 urrt CIVIL RES` URCES TRANSMITTAL TO: Weld County Planning FROM: Sarah Foster Services DATE: November 13, 2007 PROJECT: Parker/Dersham USR ATTN: Jacqueline Hatch JOB NO. CC: FAX: PHONE: PAGES: Including Cover RE: ❑ Urgent ® For Review ❑ Please Comment ® As Requested ❑ Please Recycle CONTENTS 2 24" x 36" USR Plats COMMENTS: Hi Jacqueline, Thanks for taking the time to comment on the Parker/Dersham USR plats. I am submitting 2 sets of the full-size plats for your review. We have revised the plans per your comments. The only comment that I was not able to incorporate was changing the scale on the plans. I could not show the entire site on one sheet at the larger scale. Please call me if you have any questions! Thanks, Sarah 451 Oak Street,Suite 209• P.O. Box 680• Frederick, Colorado 80530• Phone: 303.833.1416 Fax:303.833.2850 O VI- 4 ,pf6 DEPARTMENT OF PLANNING SERVICES Longmont Planning Office 4209 CR 24.5 Longmont, Colorado 80504 WEBSITE:www.co.weld.co.us WILD O E-MAIL:jhatch@co.weld.co.us PHONE (720)652-4210, EXT. 8728 FAX(720)652-4211 COLORADO July 8, 2009 Garney Construction Attn: Casey or Joel 10822 Toiler Dr Suite 160 Littleton CO 80127 Subject: Water storage at the Walker Pit, USR-1611 Dear Casey or Joel: The Department of Planning Services has reviewed the building permit (BCR09-00509) and grading permit (GRD09-00013) for the City of Aurora to utilize the Walker Pit, slurry lined reservoir USR-1611 and the Department of Planning Services is not able to release these permits until the following has been completed. The Departments of Public Works and Planning Services in consultation with the County Attorney's office have determined that a new Use by Special Review permit is warranted. At this time it is the determination that substantial improvements will be required of the existing permit, including yet not limited to piping, pump structures, pump stations, electrical transformers, headgates, inlet and outlet weir structures and all associated improvements to the lined reservoir. It is the opinion of Weld County that Section 23-2-400 Major Facility of a Public Utility or Public Agency applies to this proposal. The definition is as follows: MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCIES: Public Utilities or Public Agencies operating or constructing a mine, ELECTRIC TRANSMISSION LINES, commercial radio transmission towers. cellular and other wireless communication towers, domestic water storage facilities. POWER PLANTS, SUBSTATIONS of electrical utilities, wastewater treatment facilities. water treatment facilities, including extensions, expansions or enlargements thereof; STORAGE AREAS of utilities providing electricity, water. wastewater and natural gas or other petroleum derivatives, including extension, expansions or enlargements thereof; PIPELINES of utilities providing natural gas or other petroleum derivatives, including extensions, expansions or enlargements thereof; road, park or other public way, ground or space, public building or structure or public utility, whether publicly or privately owned. Given this determination, Weld County requests a pre-application meeting be scheduled followed by an application for a Major Facility of a Public Agency. s Should you have additional questions or require clarification on any of the points presented herein, please contact this office. Thank you for your inquiry. Sincerely, I _____________ _____4_LD , , Jacqu line Hatch-Drouillard�� Planning Services Enclosures pc: B.Barker,Attorney's Office C.Kimmi,Public Works D.Bauer,Public works Property Research File: USR-1611 Page 1 of 2 Jacqueline Hatch From: Jacqueline Hatch Sent: Friday, October 06, 2006 12:56 PM To: 'Sarah Foster' Subject: RE: Prairie Waters Project USR Sarah, I ran it by staff and the determination was'it depends'. Basically it sounds like the use of the Walker site for water storage is okay but it needs to meet all the requirements as approved through the existing DMG. Any changes to size, amount, location, augmentation, etc would need a new DMG and review by the County. At this time and with the limited amount of information it is hard to determine a definite answer. When the Walker pit has completed their mining and reclamation which I think is in like 5 years we can further review what is proposed and what has been approved for. The Weld County Code may also change during the years and the review may be different- hard to forecast. Thanks, Jacqueline From: Sarah Foster [mailto:Sarah.Foster@ttrmc.com] Sent: Wednesday, October 04, 2006 9:47 AM To: Jacqueline Hatch Subject: RE: Prairie Waters Project USR OK—thanks for your help! Sarah K. Foster, P.E. Project Engineer TETRA TECH RMC 1900 South Sunset Street, Suite 1-F Longmont, Colorado 80501 Phone: 303.772.5282 Fax: 303.665.6959 E-mail: Sarah.Foster@ttnnc.com From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us] Sent: Wednesday, October 04, 2006 9:44 AM To: Sarah Foster Subject: RE: Prairie Waters Project USR . Sarah, Let me run it by the rest of staff and Bruce (County Attorney) to make sure and I will get back with you. It will most likely be Friday afternoon. Thanks Jacqueline From: Sarah Foster [mailto:Sarah.Foster@ttrmc.com] Sent: Wednesday, October 04, 2006 9:26 AM To: Jacqueline Hatch Subject: Prairie Waters Project USR Hi Jacqueline, 10/06/2006 Page2of2 I wanted to confirm something that we talked about a few weeks ago. Since we are not proposing to change the post-reclamation land use at Walker Reservoir from water storage, no further land use action will be required for Aurora to start using Walker Reservoir for water storage once reclamation activities are complete. Therefore, we will continue to discuss Walker Reservoir in our current USR application to provide the County with a complete picture of the Prairie Waters Project. However, an amendment request, administrative or otherwise, will not be required for Walker Reservoir. Can you confirm for me if this is accurate? Thanks, Sarah K. Foster, P.E. Project Engineer TETRA TECH RMC 1900 South Sunset Street, Suite 1-F Longmont, Colorado 80501 Phone: 303.772.5282 Fax: 303.665.6959 E-mail: Sarah.Foster@ttrmc.com 10/06/2006 AURORA WATER Prairie Waters Project 15151 E.Alameda Parkway,3rd Floor Aurora,CO 80012 August 31,2006 Ms.Jacqueline Hatch,Planner Mr.Kim Ogle,Planning Manager Weld County Department of Planning Services 4209 County Road 241 Longmont,CO 80305 RE: Use by Special Review Application for a Major Facility of a Public Utility, Aurora Water,Prairie Waters Project -located near the intersection of WCR 23 and WCR 8,west of Ft.Lupton,Colorado Dear Ms.Hatch and Mr.Ogle: On behalf of the Aurora Water,we respectfully submit this Use by Special Review Application for a Major Facility of a Public Utility for the Prairie Waters Project. This Use by Special Review application is being submitted to Weld County in response to the requirements found within the Weld County Code,Section 23(Zoning-Procedures and Permits),Division 5 Special Review Permits for Major Facilities of Public Utility or Public Agency. Aurora Water's water resources project,known as the Prairie Waters Project,includes the following features within Weld County: • Two alluvial well fields along the South Platte River, • An aquifer,recharge and recovery area(ARR Site A), • A water pipeline network, • A private telecommunication network to support Security Control and Data Acquisition (SCADA),operational communications,and other data transmissions,and • Water storage at Walker Reservoir. The legal description for this USR application is defined as the ARR Site A property only,393- acres located near the intersection of WCR 23 and WCR 8. The other portions of the project are either specifically excluded from the code or,as in the case of Walker Reservoir,will be the subject of a future amendment ctivities are complete. However, in an effort to descri w this site is incorporated in the Prairie a rs-Pro'ec�t,descriptions for all project e ounce are-previded-#hiughuuthis US a on. In addition,as part of this USR application,Aurora Water will alb be requesting at Walker Reservoir be administratively amended to the USR permit by plat when mining and reclamation activities are complete. Jacqueline Hatch From: Jacqueline Hatch Sent: Tuesday, June 03, 2008 8:01 AM To: 'danna ortiz' Subject: RE: The last thing...I hope for Hall-Irwin's Parker Dersham Resource USR 1611 Hi I looked over the file last night and all I need is a copy of a well permit (as outlined in the Division of Water Resources referral letter) and the oil and gas surface use agreement that was submitted was for the dersham property. I will still need the surface use agreement for the Parker parcel. Thanks please let me know if you have any questions Jacqueline Original Message From: danna ortiz [mailto:danna@civilresources.com] Sent: Monday, June 02, 2008 4:56 PM To: Jacqueline Hatch Subject: RE: The last thing. . .I hope for Hall-Irwin's Parker Dersham Resource USR 1611 Hi Jacqueline. This is just a friendly reminder to see if we can record the mylars for USR 1611. Thank you. :) Danna Original Message From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us] Sent: Tuesday, May 27, 2008 2 :50 PM To: danna ortiz Subject: RE: The last thing. . .I hope for Hall-Irwin's Parker Dersham Resource USR 1611 Danna, Thanks for the email. I don't recall right off hand what still needs to be completed. I will take a look at the file probably tomorrow and get back to you. Thanks Jacqueline Original Message From: danna ortiz [mailto:danna@civilresources.com] Sent: Tuesday, May 27, 2008 2:35 PM To: Jacqueline Hatch Subject: The last thing. . .I hope for Hall-Irwin's Parker Dersham Resource USR 1611 Hello Jacqueline, Attached please find a letter from the Office of the State Engineer that signifies their receipt of the Temporary Substitute Water Supply Plan (per your request we amended the Baseline TSSP to exclude Parker Dersham and we submitted a new TSSP for Parker Dersham) and the surface use agreement for the adjacent HIBE property. May we now record the mylars? Will you please remind me, do we need to provide you with the mylars or do you already have them? What is the recording fee? Thank you. Danna 1 No virus found in this incoming message. Checked by AVG. Version: 8.0.100 / Virus Database: 269.24.1/1468 - Release Date: 5/26/2008 3:23 PM 2 Jacqueline Hatch From: danna ortiz[danna@civilresources.com] Sent: Tuesday, May 27, 2008 2:35 PM To: Jacqueline Hatch 'Subject: The last thing...I hope for Hall-Irwin's Parker Dersham Resource USR 1611 Attachments: SEO TSSP signature.pdf; Merit HIBE SUA.pdf SEO TSSP Merit HIBE SUA.pdf gnature.pdf(50 KB) (580 KB) Hello Jacqueline, Attached please find a letter from the Office of the State Engineer that signifies their receipt of the Temporary Substitute Water Supply Plan (per your request we amended the Baseline TSSP to exclude Parker Dersham and we submitted a new TSSP for Parker Dersham) and the surface use agreement for the adjacent HIBE property. May we now record the mylars? Will you please remind me, do we need to provide you with the mylars or do you already have them? What is the recording fee? Thank you. Danna 1 CIVIL RESURCES, LLC fNC,INF.FRS & Pt.ANNL.f25 May 6,2008 Colorado Division of Water Resources Joanna Williams 1313 Sherman Street, Rm.818 Denver,CO 80203 RE: Receipt of the Parker-Dersham Substitute Water Supply Plan Application Ms.Joanna Williams: Hall-Irwin is working to finalize the conditions associated with the approval of their Use-by-Special Review application (USR-1611)through Weld County. Therefore Hall-Irwin must demonstrate that the concerns of the Division of Water Resources as outlined in a letter from Kevin Rein dated March 16,2006 have been adequately addressed. The letter states that a Substitute Water Supply Plan will be required to replace the depletions caused by the proposed mining operation. The application for the Parker-Dersham Substitute Water Supply Plan is enclosed with this letter. In order to demonstrate compliance with the Weld County conditions, I am requesting confirmation that the Division of Water Resources has received this application with your signature below. If you could please fax the signed letter back to our office,we will forward it to#1e.WOld County Department of Planning Services for their records. Thank you in advance for your assistance. Sincerely, L7-Lcit Sarah Foster, P.E. Civil Engineer Attachments Parker-Dersham Substitute Water Supply Plan Application Bestway Concrete's Baseline Resource SWSP 2008 Amendment The Colorado Division of Water Resources received the Parker-Dersham Substitute Water Supply Plan application on MMo`Y 7 ,of 2008. CA7/0i J na Willi ms Date t AHaillruiniPareer-DershaniVe)County`ie`erral ResponsE DWR Parker-Dersham Submittal RRceipt I etler.doc 323 rff—n-f STREET • P.O. Sax 6E-30 • FREDERICK, CD 801530 • PHONE (303) 833-1416 • Fisx (3031833-2850 I Page 1 of 1 Jacqueline Hatch From: Jacqueline Hatch Sent: Monday, May 05, 2008 2:48 PM To: 'Danna Ortiz' Subject: RE: USR-1611 Danna Thanks for the email Basically there are two options when it comes to a land use application. Either an agreement with the mineral owners is finalized, signed and recorded or the plat shows the State designated drill envelopes and no land use activities can occur in those locations without an agreement. I hope that helps — let me know if you have any questions. Thanks, Jacqueline From: Danna Ortiz [mailto:Danna@CivilResources.com] Sent: Monday, May 05, 2008 2:23 PM To: Jacqueline Hatch Cc: 'Sarah Foster'; Jim McFarland Subject: RE: USR-1611 Thanks Jacqueline. Who are we supposed to have an agreement with on the Parker property? We feel strongly that that the oil and gas rights have been adequately incorporated into the mining plan because: 1) There are no wells on that parcel; 2) Parker will be mined in two phases—so if a mining company was able to quickly obtain permits to drill a well out there they'd have access to at least 1/2 the site; 3) The life of each phase is relatively short 1.5-3 years/phase, 4) The site will ultimately reclaimed as upland again (and they could drill wherever they please—subject to setbacks, permitting, having an agreement with the landowners, etc). Danna From: Jacqueline Hatch [mailto:jhatch@co.weld.co.us] Sent: Monday, May 05, 2008 9:55 AM To: Danna Ortiz; Sarah Foster Subject: USR-1611 Thank you for your patience on this one. I have reviewed the paper plat for USR-1611 and the plats look good. There are two conditions of approval remaining. 1.A regarding oil and gas agreements. I have the signed oil and gas agreement for the Dersham property but I don't have one for the Parker property. 1.K regarding the Division of Water Resources. If you have any questions please do not hesitate to email or call me. Thanks again Jacqueline 05/05/2008 Page 1of1 Jacqueline Hatch From: Jacqueline Hatch Sent: Monday, May 05, 2008 9:55 AM To: 'Danna Ortiz'; 'Sarah Foster' Subject: USR-1611 Thank you for your patience on this one. I have reviewed the paper plat for USR-1611 and the plats look good. There are two conditions of approval remaining. 1.A regarding oil and gas agreements. I have the signed oil and gas agreement for the Dersham property but I don't have one for the Parker property. 1.K regarding the Division of Water Resources. If you have any questions please do not hesitate to email or call me. Thanks again Jacqueline • 05/05/2008 Page 1 of 1 Jacqueline Hatch From: Lauren Light Sent: Wednesday,April 09, 2008 9:18 AM To: Jacqueline Hatch Cc: Danna Ortiz; Sarah Foster Subject: USR-1611 Hi Jacqueline, Conditions of approval 1D and 1 E have been met for USR-1611 per the requirements of Environmental Health Services, Weld County Department of Public Health & Environment. There should not be any other outstanding conditions through this department. If you have any questions, please contact me. Thank you. 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) 04/09/2008 CIVIL RES"URCES, LLC ENGINEERS & PLANNERS April 4,2008 Ms.Jacqueline Hatch Weld County Planning Department 4209 CR 24.5 Longmont, CO 80504 RE: USR-1611 Hall-Irwin's Parker/Dersham Resource Final Information for Recording Dear Ms. Hatch: On behalf of Hall-Irwin, I am pleased to submit a final paper copy of the USR-1611 plats for Hall-Irwin's Parker/Dersham Resource for your final review and approval. I am also including your redlines for your reference. Below we have listed the final information that is required in order to record Hall-Irwin's Parker/Dersham Resource (USR-1611). Our responses are in italics below each condition. 1. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. Please refer to the attached Surface Use Agreement for the Dersham parcel. (Attachment 1) 2. The applicant shall provide the Department of Planning Services with written evidence from the ditch company that the proposed mining and reclamation will not impact their use. (Department of Planning Services) Please refer to Attachment 2 for the signed agreement between Hall-Irwin and the City of Westminster(the owner of the ditch). 3. The applicant shall provide current evidence that the facility has an adequate water supply(i.e., well or community water system)to the Department of Public Heath and Environment(WCDPHE). We are waiting on a response from WCDPHE,we hope to forward it to you in the near future. 4. The applicant shall submit evidence of a CDPS from CDPHE-WQCD for any proposed discharge into State Waterways. Evidence of approval shall be submitted to Department of Planning Services and Department of Public Heath and Environment. We are waiting on a response from WCDPHE,we hope to forward it to you in the near future. 5. The applicant shall contact the Department of Public Works Storm Water Drainage Section(WCPWSWDS)for additional information regarding stormwater drainage on site. Evidence shall be submitted to the Department of Planning Services. Please refer to Attachment 3 (letter from WCPWSWDS). 6. The applicant shall submit a Landscape and Screening Plan(and make revisions required by Planning Staff. Please refer to Attachment 4,the revised Landscape and Screening Plan. 323 FIFTH STREET • P.O. Box 680 • FREDERICK, CO 80530 • PHONE (303) 833-1 41 6 • FAX (303) 833-2850 Ms.Jacqueline Hatch April 4, 2008 of 2 Page 2 of 2 7. The applicant shall address the requirements of the Department of Public works, as stated in their OMAN RE s'U R C E s,I_L C responses dated April 30, 2007. Evidence of approval shall be submitted in writing to the Department of Planning Services. Please refer to Attachment 4(letter from WCPWSWDS). 8. The applicant shall provide the Department of Planning Services with evidence that the State of Colorado Division of Water Resources has approved the Substitute Water Supply Plan or court approved augmentation plan for the Parker Dersham Properties. (Department of Planning Services) We have spoken to the Division of Water Resources about your request. They informed us that they have a large backlog of work. We will forward their response as soon as we receive it. 9. The applicant shall complete all proposed improvements including those regarding landscaping, screening, access improvements and parking lot requirements or enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all required materials. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the USR plat. Neither an Improvements Agreement nor collateral is necessary for this project for the following reasons: • The Mining Plan and Landscaping Plan that were approved by the Weld County Commissioners do not propose any upfront landscaping, screening, access improvements,or a parking lot. Reason 2. C.of the Planning Administrative Review report's reasons that the USR should be approved states,"The applicant is proposing to locate the overburden and topsoil stockpiles along County Road 23.5 on the southern lot and smaller piles on the north and west sides of the home located on County Road 2. No landscaping or screening is proposed on site." • The only landscaping proposed is at the time of final reclamation and final reclamation of the property is regulated by Division of Reclamation and Mine Safety(DRMS). Hall-Irwin has posted a financial warranty with the Division to guarantee that the final landscaping is installed. Please contact me if you have any questions at 303.833.1416 extension 203. As always,thank you for your assistance. Sincer , CIVI RE OURCES, C I Danna Ortiz Planner cc: Jim McFarland, Hall-Irwin Corporation Attachments: Attachment 1 —Signed Surface Use Agreement with Merit Energy Attachment 2—Signed Agreement with the City of Westminster(re: ditch) Attachment 3—Letter from WCPWSWDS Attachment 4—24"x 36"final paper copy of USR-1611 plat Attachment 5—Planning Department redlines to the USR-1611 plat J:11alllrwin\Parker-Dersham\Weld County\Referral ResponselFeb 08 Response\Referral response letter March 28 2008.doc 02/19/2008 12:58 3038576789 MERIT ENERGY PAGE 01/11 JUL.-11-06 OS:19 PM K.CROUCH 444 4515 F'-01 14-us-2001 Olt49am From-HALL IRWIN CORP 41016212st t-500 Pisa/cot F-eat SURFACE USE AGREEMENT This Surface Use Agreement("Agreement')is made this 1• day of 3unc 2006.and is zmong MERIT ENERGY COMPANY,with an address of 13727 Noel Road,Suite 500,Dallas,Texas 75240("Merit"),HALL-IRWIN CORPORATION("Operate'),with an address of 301 Centennial Drive,Milliken,Colorado 80543,}U BE,LLC,P.O.Box 519,Greeley,Colorado 80361 ("HIRE")and Lot Holding Inve.stateans,LLC,1760 Broad Street,Unit E,1Vfillilcen,Colon to 80543("Lot Holding"). HIBE and Lot Holding ere sometimes referred to as"Surface thin ors", and Merits Operator and Surface Owners are sometimes jointly referred to herein as the"Fades!" Recitals A. Surface Owners are the current surface owners of several parcels of land located in leaner 36,Township 1 North,Range 67 West of the 6th P.M.,Weld County,Colorado("Prcpertyt "), more particularly described in Exhibit A attached hereto and incorporated herein by this reference. These parcels arc the HIKE parcel[Exhibit A,p. 1)owned by I31BE, Ind the Dersham parcel(Exhibit A,p.2]owned by Lot'Holding. B. Surface Owners are subject to the rights of oil and gas mineral estates owned b; Merit, covering a portion of the Property; C. Operator has the right to mine the Property far sand, gravel, and aggregate pun want to various mineral leases with the Surface Owners. Operator has submitted to the state of Colorado Division of Minerals&Geology("DMG")its 112c Permit Application,:41e No. M-2006-003,in order to obtain permits for a gravel mining and processing operatio 1 on the Dersham property and another property, to be known as the "Parker-Dershaar Mine" ("Mining Permit"); D. Merit currently operates the Kirby 33-36 Well located in the NW/4SE/4 of Sectirn.36 and plans on drilling the Kirby 43-36 Well with a bottom hole location in the NE/4SE/4 of Section 36 from a location that is within 50 feet of the wellhead attic Kirby 33-3.i Well. E. In addition,Merit plans on drilling the Kirby 34-36 Well vertically at a legal loaatit et in the SW/4SEJ4 of Section 36 and the Kirby 44-36 with a bottom hole location in the S/4SE/4 of Section 36 from a location that is within 50 feet of the wellhead of the Kirby 34-16 Well. The approximate locations of the Kirby 34-36 and 44-36 Wells are depicted on Et:habit A, F•3• D. Merit has the right to drill new wells in addition to the wells referred to in Recite,s D and l✓above("Future Wells")on the Property,and has agreed to limit its development+.Ctivitt es as set forth in this Agreement. E. This Agreement sets forth the parties' rights and Surface Owner and M obligationsig' operation regarding t a n hip between the development of the Property by and 02/19/2008 12:58 3038576789 MERIT ENERGY PAGE 02/11 JUL--i1-06 08:20 PM K.CROUCH 444 451ti P.02 14-06.2006 09:i0an Prue-NALL IRWIN CORP • +9103526204 T-616 P.001/000 F-i5g development of its oil and as leasehold estate. Agreement In consideration of the mutual covenants contained herein,and other good and taluable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties igree as follows: 1. OIL Al'TD GAS orERA.TIONS AREA RESERVED. a. With respect to the drilling,operation and maintenance of the Kirby 33-36 and the 43-:a5 Wells Surface Owner shall provide Merit a flat circular well location on the VIBE property with a minimum radius of 150 feet around each of the wellheads of the two wells in the Nt.tS214 of Section 36,depicted as a circle drawn on Exhibit A,p. 3 (the"North Well Area"t for the purpose of drilling two oil and/or gas wells and for operations conducted by elerit in connection with the operation and production of the wells. With respect to the drilling, operation and maintenance of the Kirby 34-36 and 44-36 Wells,Surface Owner shat' provide Merit a flat working area of 200x200 feet until the two wells are drilled and corapte ed and a flat circular wcil location with a minimum radius of ISO feet around each of the wet heeds of the two wells in the S/2SE/4 of Section 36. The 200x200 foot area and the 150-foot radii are depicted on Exhibit A,p.3(the"South Well Area"). In addition to the four oil and:gas wells referred to in this paragraph 1 a, Merit may drill Future Wells if the same can b:drilled, completed,operated and maintained within the 150-foot radius around each of the ft ur wells. Except for the four oil and gas wells ranted to in this paragraph 1 a and the l httu'e Wells, Merit shall not otherwise have the right to drill wells on the Property.and specifically agrees that the drilling site and access road fouaedy reserved by Merit's predecessor in interest,Banta Oil,Inc.,on the MBE property by that certain letter dated October 1, 1997,a copy ei which is attached hereto,is hereby abandoned and released and shall hereafter be available fo:mining, use and occupancy by gIBE and/or Operator. b. Operator shall have the right to reasonable use and occupancy of the surface Will Areas, including the right to extract the sand, gravel and aggregates from the Well Are is if said extraction and MI can be accomplished before Merit needs to initiate operations within the Well Areas with heavy equipment. Operator shall also have the right to extract sand.gravel and aggregates after Merit's drilling operations are completed,as set faith in Section 2,below. Operator's use of the Well Areas shall not hinder or interfere p Merit's ens.operation T r Lion;oro e cause slo an unsafe condition of any kind or nature for any party ll Operator stockpile mined materials within the Well Areas. 2. E$TR.A.C HON ON VICINITY OP WELL AREA;SETBACK REQUIRE!ern. and within the V ell Areas, Operator reserves the option to mine file sand,gravel and agrees to give Merit written notice at least d0 days aggregates to prior operations in the Well Areas. Operator shall conduct such mining by excavating pie 02/19/2008 12:58 3038576789 MERIT ENERGY PAGE 03/11 JUL-11-96 06:21 PM K.CROUCH 4224 451:. P-OZ 14-0i-200S 00:l0se From-NAIL IRNIN CORP +9TD3526284 410 P.004/000 F-430 • shaped wedges of sand,gravel and aggregate and thereafter backfilling and compac ing the area with overburden or other suitable material prior to excavating the next pie snap xt area; provided,however,that in no event shall Hall-Irwin min=e within 75 feet of any I,,sting wellhead or within 50 feet of any production facilities and provided further that in s o event shall more than one quarter circle segment of the pie shape be excavated at any ate time. Operator's operations will be coordinated with Merit in a mutually acceptable rat nnet so as to avoid conflict Merit's oil and gas operations and to ensure there is an appropriate safety plan and interim emergency procedures. Operator will bear all costs&Meta ed with th the mining operation, including'permanent or temporary rerouting and replace of access roads,and flow lines and utility lines in order to prevent unnecessary interruption of production from any affected well. In addition,Operator and its successor and enlists shall indemnify and hold Merit harmless from any and all damage,loss and liability,is eluding attorney's fees incurred as a result of Operator's operations within the Well Area. Subject to the 75 and 50 setbacks provided above,Operator shall at all times be entitled to mine up to the perimeter of the Well Arias regardless of where Merit may have located its vans and surface equipment within said areas. 3. ACCESS. a. Surface Owner shall at all times provide to Merit no less than a 20 foot wide ease nerd for nonexclusive access to the Well Areas in the locationsofset f rhhHolding,Operator A. `/mess to the Well Areas may be changed by mutual agreement All costs and expenses of the relocation shall be borne by Operator. b. Operator shall maintain and keep any access jointly used by Operator and Megood condition and repair;however,if Merit causes damage to a road.Merit agrees to remp y repair any damage which it caused. Neither Merit nor Operator shall unre asocably interfere with the use by the other party of access roads. 4. BATTERIES AND EQUIPMENT(PRODUCTION FACILITIES). Merit shall locate any necessary tanks, separators, dehydrators, compressors rod other equipment reasonably appropriate for the operation and production of the wells within the Surface Facilities Areas labeled as such on Exhibit A,but shell not otherwise be ended to use the surface of the Property for such facilities. 5. FLOWLINES AND PIPELINES. a. Merit agrees that the flowlines and pipelines to and from the Well Areas shall bE installed roximatel at the location specified in Exhibit A. Merit shall not be otherwi e entitled aPp yflowlines shall be 'coated at a to use the Property for such facilities. All pipelines and elevation. The co xsznvotion surface depth of approximately 48 inches from the final graded and burying of flowlines and pipelines shall be at the sole cost and expense of I.tent or its gas purchaser. 3 `f 02/19/2008 12:58 3038576789 MERIT ENERGY PAGE 04/11 JUL-11-06 08:22 PM K.CROUCH 444 4510 P.04 14 6-2006 09:flam From-HALL IRWIN CORP MIT0ll2l214 1W O PASOAN Nto Surface Owner will not allow any�extraction to occur cldf ng 15 feet in depth to be plan cd over pipeline. Surface Owner shall no any stockpile any flowlinc. b. Merit shall mark the routing of its unclergroundfacilities with aboveground pipeline markers end maintain those markers. Markers will be installed,and maintained,a.every point the pipeline route changes direction and adequate markersof will be installed, ;Ind rnainta4aed,on straight sections of pipeline to insure the safety public, ICMG personnel and KMG facilities. 6. DRILLING AND COMPLETION OPERATIONS. Merit shallendeavor to diligently pursue any actual drilling operations to mini1 size the total time period and to avoid rig relocations or startup during the course of drill ng. Lot Molding and Operator waive any objections to continuous(i.e„24-hour)drilling of erations. 7. DEVELOPMENT PLANS. Operator has provided Merit with copies of its Mining Permit and the ern ineeting structural report prepared in connection with the Mining Permit (the "Plans"). Merit acknowledges receipt of said Plains and has no objections to said Plans as s sbrnitted provided Operator is in compliance with the terms of this Agreement. Furth:r, Merit agrees that upon execution of this Agreement, it shall withdraw from the 1)MO its objections to the Ming Permit. This acceptance by Merit and agreement to wit tdraw objections in no way waives Merit's ruts in this Agreement or obligations of O1 orator or the Surface owners under the terms of this Agreement. 8. LIMITATION OF LIABILITY,RELEASE A1v)INDEMNITY. a, NO PARTY SHALL BE LIABLE FOR, OR BE REQUIRED TO Pi.Y FOR, SPECIAL,PUNITIVE,EXFI LARY,INCIDENTAL,CONSEQUEN IAL OR INDIRECT DAMAGES TO ANY OTI-XER PARTY FOR AC1'IVIT1ES UNDERTAKEN WITHIN THE SCOPE OF THIS AGREEMENT. b. Except as to claims arising out of pollution or environmental damage(which claims are governed by Section 9 below) or out of other provisions of this Agreement (which claims shall be governed by the twins of this Agreement),each catty shall be and remain responsible for all liability arising out of those losse:, claims, damages,demands,suits,uses of action,fines,penalties,expense and iabilities, including without limitation attorneys'fees and other costs associated the ewtth(all of the aforesaid herein referred to collectively as "Claims"), arising out of or 4 02/19/2008 12:58 3038576789 MERIT ENERGY PAGE 05/11 JUL-t1-86 08:23 PM K.CRQUCH 444 4510 F•es Id-06-2llS 01:11arr From-HALL IRi1IN CORP +0703626291 T-616 P.046/066 F-196 connected with each such party's respective operations on the Property,rt s matter when asserted, subject to applicable statutes of limitations. Each parts hereby releases,and agrees to defend,indemnify and hold the other pasties,their silicas, directors, employees, successors anti assigns harmless,from and against all sack Claims. This provision does not,and shall not be construed to,create any fights in persons or entities not a party to this Agreement,nor does it create any separate ri ghb in parties to this A,greenwnit other than the right to be indemnt if ed fa.Claims as provided herein. c. Merit shall not permit any liens to be filed on or otherwise attach to,the I ropeerty, and in the event any such liens are filed by a person pursuant to any stator a or any lien attaches by operation of law or otherwise,Merit shall take all neeessar it action, at its sole cost and expense,to have such lien discharged and released as promptly as practicable,except that Merit shall have the right to file an operator's lien against other owners of the oil and gas leasehold interest to recover amounts owed :o Merit. d. Upon the assignment or conveyance of a party's entire interests in the Prop:try,that party shall be released from its indemnification in Section 8.b above,for all actions or occurrences happening after the assignment Cr couveyanee, 9. ENVIRONMENTAL INDEMNITY. The provisions of Section 8. above, except for Section 8.a., shall not app . to any eznvironunental matters,which shall be governed exclusively by the following,subject to the limitations of Section 8.a.: a. "Environmental Claims"shall mean all Claims asserted by governmental'aodies or other third parties for pollution or environmental damage of any kind,aril ing from operations on or ownership of the Property or ownership of the oil and gas leasehold interest,whichever is applicable,and all cleanup and remediati art costs. fines and penaltiesassociated therewith,including but not limited to au r Claims arlsisag from Environmental Laws or relating to asbestos or to naturally occurring radioactive material. Environmental Claims shall not include the cos s of any remediation undertaken voluntarily by any party, unless such reniec Wien is performed under the imminent threat of a Claim by governmental bodies or other third parties; b. "Environmental Laws"shall mean any laws,regulations,rules,ordnance!,or other of any governmental authority(les),which relate to or otherwise impose liability, obligation, or sesndards with respect to pollution or the ptotectio n of the environment, including but not limited to, the Comprehensive Envir anmental Response,Compensation and Liability Act of 1980,as amended(42 U.S,' .§9601 et qeq.),the Resource Conservation and Recovery Act of 197£(42 U.S.C.§§6901 et fee),the Clean Water Act(33 U.S.C.§§466 et seq.),the Safe Drthki ng Water 5 02/19/2008 12:58 3038576789 MERIT ENERGY PAGE 06/11 _ - 444 4535 P.05 JUL-ii-H6 0U:24 PMK.GROUGH 44-06.2006 01:11oa Fras-HAll IRWIN CORP }01011x6214 T-61C P.00T/000 Nati Act (14 U.S.C. §§ 14014450), The Hazardous Material Transportation act (49 U.S.C. §§ 1801 et seo.),The Clear Air Act,and the Toxic Substances Con rol Act (15 ti.S.C. §§2601-2629);and c. "Environmental tudemnification." Merit shall protect, indemnify, ar d hold harmless Operator and Lot Holding,and any lot owner who purchases a 1 a from Lot Holding,from any Environmental Claims relating its operations on the I ropeny. Operator and Lot Holding shall protect,indesnify and hold harmless Merit ftoXtl any and all Environment Claims that arise out of their development of the P.operty. 10. REPRESENTATIONS. The parties represent to one another that each one has the full right and authority to enter into this Agrcenic:nt. 11. SUCCESSORS. The terms,covenants,and conditions hereof shall bee binding upon and shall inu'e to the benefit of the parties and their respective successors and assigns.The rights and obligations provided in this Agreement shall benefit and burden the Lot Holding and HIDE,r nd their respective successors and assigns. 12. TERM. This Agreement shall become effective when it is fully executed and shall remai a in fulI force and effect until Merit's leasehold estate expires or is terminated, and he:exit has plugged and abandoned all wells and complied with the requirements of all appli:able oil and gas leases pertaining to removal of equipment, reclamation, cleanup and il! other applicable provisions of the leases and existing laws and regulations. W cart this Agreement ceases to be its full force and effect,the Parties shall execute any and all releases necessary to evidence tie fact that this Agreement shall no longer apply to the err party. 13. FORCE MAJEUTRE. • In the event either party is rendered unable by an event of Force Majeure(define I below) to perform,wholly or in part, any obligation set forth in this Agreement, other than the obligation to pay money,then the performance by the affected party will be st speeded during the continuance of such event of Force Majeure. The party experiencing an event of Force Majeure shall provide reasonable notice to the other party as soon as possible with all reasonable dispatch. As used herein,the term"Force Majeure shall mean a ay ant of God, acts of the public enemy, blockages, insurrections, riots, epidemics, la rrdslides, lightening,earthquakes,fires,severe weather,floods,washouts,arrests axed rested at,of the federal,state or local government,civil disturbances,explosions,breakage or accidents to machinery or lines of pipe,the binding order of any court of governmental author ty which 6 02/19/2008 12:58 3038576789 MERIT ENERGY PAGE 07/11 - — JUL-11-06 ee;2 PM K.CROUCW 444 451U P. 27 i4-Ur-rung 05:1 la Fres-HALL IRWIN CORP +6?0362Si34 T-316 P.008/662 F-436 has been resisted in good faith, by all reasonable legal means, delay in :.ectaiing environmental approvals,the inability to obtain necessary supplies,material,eqt ipment, machinery or labor and any other causes, whether of the kind herein enume ated or otherwise not within the control of the party claiming suspension and which by the cruise of due diligence such party is unable to prevent or overcome. 14. NOTICES. My notice or other communication required or penonitted under this Agreement tall be sufficient if deposited in U.S.Mail,postage prepaid,addressed to the panicular par.y at the address first listed above;Arty patty may,by written notice so delivered to the othe•parties, change the address or individual to which deliver shall thereafter be made. 15. ARBITRATION, Any controversy or claim arising out of or relating to this Agreement,or the breach thereof, shall be resolved by arbitration administered by the American Arbitration Ass tciation under its commercial rules,and judgment on the award rendered by the arbitrators)may be entered in any court having jurisdiction thereof. 16. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the law; of the State of Colorado. 17. ENTIRE AGREEMENT. • This Agreement sets forth the entire understanding among the parties hereto resort ling the matters addressed herein,and supersedes any previous communications,representations or agreements, whether oral or written. This Agreement shall not be amended, ea cept in written form.signed by all parties. MERIT lE0BE„ C By: By: -Fed Aiwa C.SsieONION a sag, snag ILice-Presideat— w.atwdint LOT HOLDING INVESTMENTS,LLC HALL-, WIN CO ORATION Tay: BY: Stephen R. n, tdent Manager y • 02/19/2008 12:58 3038576789 MERIT ENERGY PAGE 08/11 JUL-11-06 08:26 PM K.CROUCH 444 4515 P..08 14-uo'ialb U9r12am Fran-RAIL IRWIN CORP 427433211294 T-S1e P.O99/009 F-439 STATE OP TEXAS ) )ss. COUNTY OF DALLAS ) irlatcit y_•�' The foregoing instrument was acknowledged before me this 1 1 day of dunc ,by Fred Diehl, as Vice President of Merit Energy Company,a Delaware corporation. Witless my hand=Official seal. My Commission expires: ,tat Yt'to. LAURA E DORETY `*( Notary Public,State of Texas . $,.: My Commission Expires o b C %:;f•r1$. October 18,2009 • �arnr• ;'baitr ur L•VLWR[a. 4 ) )ss. COUNTY OF WF.L13 ) The foregoing instrument was acknowledged before me this I '••day of June 20)6,Jeff Gregg ear Resources Manager of Hall-Irwin Corporation, a Colorado corporation. With ess my bawl and'official scat. My Commission expires: Z!or(tO•e (SEAL) Notary Public QQ-e �• :o s STATE OF COLORADO ) '� os ; )SS. . COUNTY OF'WELD ) ,r,r i� - Thc foregoing instrument was acltuowl.edged before ate this.11.1.day of June 21106,by Jeff Gregg as Manager of HJBE,LLC a Colorado limited liability company. Witness my ht id and official seal. My Commission mires: 31e ISO‘o (SEAL) addir4eLpk .cOPHI,4. ]Votary Public Qil � e' STATE OF COLORADO ) es 55. \W'•Qo COUNTY OF WELD ) 06' 01 The foregoing instrument was acknowledged before me this lyrhday of June 21006, by Stephen R. Hanson as President of Lot Holding Investments,LLC a Colorado limited liability company.! Witness my hand and official seal. My Commission expires: .314 1 ling (SEAL) eiajtri-, 1.,,,,,, Notary Public (...) „0,9,1114 6 9 r'4,94OTA,c C..„ V i ' 'Qe►�gQ '' ti V-,oc -44 , 02/19/2008 12:58 3038576789 MERIT ENERGY PAGE 09/11 JUL-11-06 98:26 PM K.CROUCH 444 4515 P.09 EXTif HIT A • • Thee part et the 5E1/4 0$ section 34, Timehip 1 North, aar.5s 67 yea= of t.'.t beh P.M.. Meld Cootity. Colorado. htia5 described alp aeginning at the South Quaxtar corner og eaid Section 26; r5ance !Worth 00 00.00• Sant on an asamoo'd hearim aloof oho Most line of mild 9t1/A a diStAnCat of z.S20.00 foot to the True 2nina of 9egLanAnfyr Thome* south 10-23'00* Uses. 300.00 feat; Teeace South. c0 00'00" w4 Tlt's►. S0.86 faeC1 c' South 15 p IS'S0R asp, 3,a75.0o feec, Teemee resth CO-0a'00" feat, 1,141.43 Beet, tthintoa $01.[h 6A 64'364 West, ;,,V°.15 root to a pal.= on the west line of said 9E1/4; Thence South et& c,00, dent: ei0n5 said Vest l:.ae. 1,041.00 raft to the True Point of nor n:a np. • 1 02/19/2008 12:58 3038576789 MERIT ENERGY PAGE 10/11 444 4315 P. 1® JUL-1i^0B 88:27 P11 K.CROUGH • Ex1-11BIT A Lot B of Amended Recorded Exomption 4290(part of the SE/4 of SeLtion 36.Township 1 North.Range 67 West of the 6' Principal Meridian,Weld Count},Colorado. • • Ii 2 02/19/2008 12:58 3038576789 MERIT ENERGY PAGE 11/11 JUL-11-86 88:26 PM K.CROUCH 444 451.E P. U. I's:* ;,.-y\$ - IV-1+, _ 4•ta••,. •- III . *v, - 'y'. . ' i i 20'ACCESS �,� ' ' ' EASEMENT -: . . �'1 I HIBE �; •�r, •sllj►A�C �. fill i. 0.3449.4�• • ,. ` r - t 1 1 1‘ 4,--•_ hr i t `'-• :ilt: _ • L. f•r..•w' _ _ - . - I ,�' ;; +,,. _. \,,,.• r+er. .w...+nrlt`..�rwew ..Fw+Ma1.,..,,,r .. �� • ••_.'--- +.5...+ I ?ill': 4"1 I: ; l''''• ; .g: DERSHIAM -. .1 .•' ' . : PARCEL , � a • ` , " • -'•.. zoa i Saar` •f, • i ::4: : - WORiQMG A A r`'74 wa} tir, ll�r - j 1..4y>]� E • m . PROPOSED !t' ' : i�EJ� \ GATHERTMG LINE :i" ' if - `' i• FOR KIRRYWELLS .d - . . iT• • 5 20'At #SS 1 I, I :i j IfiEIIT i IA i pi "ifs t r-� .;\ j i ', 1:-14• Ili,. * \--.F.,..-.'1341: "-" I :4 It"j.. to 4t -�f.._x.-. .i.� i u. - i:i I '}'.• :...- -- I t: + wi4`w r_._:..iR ! Vii. I• ii f k.AT":1--,• . ,:r ''''''' '-•-•;--. '•q_ Irt Bu . ti`s •.'•'":"2.,-S....-_:::-+r'' ''11; •--' - ,.. ' 1 ; • Ware:MERIT WILL DRILL WELLS PRTOR TO COMMENCEMENT OF MINING EXHIBIT A o ,� �' SURFACE USE AGREEMENT FORKIROY WELLS I Ei w E. - ) MM C IN lute AI,7 , February 25,2008 Mr.Josh Nims Water Resources Engineering Coordinator Department of Public Works and Utilities,City of Westminster 4800 West 92nd Avenue Westminster,Colorado 80031 RE: Brighton Lateral Ditch Agreement Dear Mr.Nims: This letter agreement pertains to the Hall-Irwin Parker-Dersham operation and its effect on the Brighton lateral ditch, The proposed sand and gravel mine site is located in Weld County,Colorado. A vicinity map and the legal description of the amended site boundary are attached. The relevant property will hereafter be referred to as the Parker property. The lateral ditch that is the subject of this agreement flows through the Parker property. It is our understanding that this lateral has been historically used to irrigate lands north of Hall-Irwin's Parker-Dersham operation,which most recently involved irrigation of a tree farm located north of Hall-Irwin's Parker-Dersham operation. It is also our understanding that the City of Westminster owns the former tree farm property which is now being mined by Aggregate Industries. The final reclamation plan calls for backfilling the Parker site to existing grade. The City of Westminster has indicated an interest in maintaining this lateral as a turn out to fill the future water storage reservoir. This letter agreement sets forth commitments made to the City of Westminster by both Hall-Irwin Corporation,related to its Parker-Dersham operations and the surface owners of the Parker property, Robert L.Parker and Valerie A.Parker(the"Parkers"),and Westminster's permission to temporarily remove the existing ditch lateral. Hall-Irwin and the Parkers make the following commitments to ensure the reasonable operation of the lateral ditch. 1. Hall-Irwin will mine through the ditch lateral in 2008 and reconstruct it to the same size(as determined by a survey)and location with similar grade,depth and slopes by December 31,2009,unless other arrangements are made with Westminster. 2. No dewatering flows will be added to the ditch during mining operations. 3. The Parkers represent that they are the current and sole owners of the Parker property. 4. Hall-Irwin and the Parkers acknowledge the existence of the ditch lateral on the Parker property,the historical non-exclusive easement related to the same,Westminster's right to utilize the ditch lateral,and all existing rights associated with the ditch. Hall-Irwin and the Parkers waive any and all claims concerning the ditch lateral,including,but not limited to,the existence of,and past and future use of,the ditch lateral by Westminster and its successors and assigns. 5. In consideration for the representations and waivers set forth in paragraphs 1 through 4,above, Westminster consents to the temporary removal of the ditch lateral to accomplish the mining activities contemplated at the Parker property. If the provisions of this agreement are acceptable,please signify your City's approval by signing and notarizing in the appropriate spaces below. IN AGREEM J. ent McFall ity Manager City of Westminster Attachments: Legal Description Figure 1—Vicinity Map Figure 2—Brighton Ditch Lateral Map Page 2 Mr.Josh Nims February 25,2008 STATE OF COLORADO) �� ) ss. COUNTY OFRE ) This instrument was acknowledged before me this .254-day oLfitta-A-dA— ,2008 by J.Brent McFall as City Manager,City of Westminster,a Colorado Municipal Corporation. t'7\-:-`-'11:4),T %y �1 iiltness my h d and official seal. ✓ ��, ! Notary P lic i V -Aldr 4O. ,,, o My commission expires. M Liy Commission Expires l "yA g7 City anagswesMe J/ airy Fci Westminster Once 2EEMENT/h //1 Adams ComV 48t.:0 W".&:d Menus Westmrit&r,Co 80034 r.Jim McFarlan F'/ Vice-President,Aggregate Hall-Irwin Corporation STATE OF COLORADO) ) ss. COUNTY OF �.--�‘t) ) This instrument was acknowledged before me this it:{'.,day of e, ,,, ,2008 by Jim McFarland as Vice-President,Aggregate,Hall-Irwin Corporation,a Colorado Corporation. Witness my hand and official seal. Notary Public My commission expires: 3- `k 2 0.,c- IN AGR (--- Y0664Q-Lect-- _ _ r.Ro rt L.lParker,Parker Property owner Ms.Valerie A.Parker,Parker Property owner STATE OF COLORADO) ) ss. COUNTY OF gf,1t ) This instrument was acknowledged before me this „'? day of > l-. ,2008 by Robert L.Parker and Valerie A.Parker. Witness my hand and official seal. ERIC WOODARD NOTARY PUBLIC C . c STATE OF COLORADO MyCorrraissbn Expires January 24,2010 Notary Public My commissionexpires: ,,,•,,ez+-,/ 7_ `, e / / LEGAL DESCRIPTION Parker Parcel: A part of the Southwest one-quarter of the Northeast one-quarter of Section 36,Township 1 North, Range 67 West of the 6th Principal Meridian,Weld County, Colorado, described as follows: Beginning at the Northwest corner of the Southwest one-quarter of the Northeast one-quarter of said Section 36;thence 589°51'15"E on an assumed bearing along the North line of the South one-half of the Northeast one-quarter of said Section 36 a distance of 185.00 feet to the True Point of Beginning; Thence continuing S89°51'15"E along said North line a distance of 649.64 feet;thence S00°23'08"W a distance of 1318.37 feet to a point on the South line of the South one-half of the Northeast one-quarter of said Section 36;thence N89°52'10"W along said South line a distance of 825.77 feet to the Southwest corner of the Southwest one-quarter of the Northeast one-quarter of said Section 36;thence N00°00'00"E along the West line of the Southwest one-quarter of the Northeast one-quarter of said Section a distance of 624.58 feet;thence N88°48'52"E a distance of 167.00 feet; thence N07°40'45"W a distance of 328.29 feet;thence N00°34'41"W a distance of 82.55 feet; thence N12°32'04"E a distance of 289.08 feet to the True Point of Beginning. Property contains 25 acres more or less. (Former)Dersham Parcel(s): (Lot B— 11585 Weld County Road 2) Part of the Southeast'/of Section 36, Township 1 North, Range 67 West, of the 6th Principal Meridian, Weld County, Colorado,described as Lot B of Recorded.Exemption RE-4290. Property contains 27.3 acres more or less. Hall-Irwin Corporation—Parker/Dersham Sand and Gravel Resource—Brighton Lateral Ditch Agreement p: ,�. $ 4i * it _•,.! . ,^ 1'4.N,3O s:.. ;9401 f.---4,°• ,�., -m ' _( _ ,t'"- ....— : 7 . 1 . .. " I .,. , . � N • r f V "Pi,iti f i a °.a* I i�,. ' . _ _ I fgg I nzar 1 ..�.,. v L- i . e i• f1 I r r.t it • ( r t I t r Er 1 , '' 11 j /' / /"Par$r n I €. , j! el ;/ Pre 1 , ' --f5;.e. '.. s . i i r j)� _ a I. v iii,..7:::?:/:://,„...e"._ • -T N 50wi ". '''% t t f A��J$. e /a ... . • 1^ F '.1.,4970 ,k rs.,.. i .:: ..„ . .....7. I![ BASEL . 3 s Apt1681 i 1'AVM !r") g FF r • ADAMS cooNT}r. ` I i� /1 , e. !! ,,,,,i,,,„ L . ti Pn!t a i ` s Ir'• ^ �� "t '3 ...illI Ent 1t.i i i. dd 1); '4 I (}a4 . i tf•• Via: } ,5 —$ 4 a^ a E i ` y, i. oc •frt.APar# I . $, ,1 �A. . ,... . . i ,.11030,„..,,,,, a 1 °f+Ezetk µ �.;t `i r i i :s, ,' g�p�-'71.1 at.: VENUE) w't' t... I 1fiA1R a�J7{ .444j ., a e 4 '4,issiaim i. //£ 1 jq3 F— ^• I J y °I r ,/•, ( i r . 7 j'. t r a t f. •.`�'^*y»`•r" ,x9ne7 i re`„�€�r> iA : .- •- t ;x:. sl'd \ Jay • .eye" Jgp. t •° J,/ \ . 44-._?,1_7•.,,,&•-•--.... ..`c' LY`,' �� s i�1 A,tL. • `Yt$�`�_. 1 a......f:i.._ _,.Y.1d.R9.•"'. • _...--.,._. � _aY � `.4_t:A. df 0 1000 2000 0 HAu_mIRWTN CORPORATION 1 .f . - PARKER/DERSHAM RESOURCE j CIVIL ES fi2CE5,LLC . ! ( IN FEET ) DATE: FIGURE: VICINITY MAP ' ` 05l2'u0S �, a I ,9 ' ht, o b. , I `i< • 1 t'. LLi • ��• .�,, a i` _ .iJ... .4 ,i :N•• i • Fsi I '4 I . ./. • . rr. iFi • hI 4:. ,. i r :?•''''''.•`' 'I 1 e .l� t I I Wi.J. R1,2•4• • "I.. ..' ' I{. V. '•°ll�)? E'a:e'rti'il , • a;4. } 2rf.)/ F. jri „F�..e 1 i :li rsrala•:ijie.,y} • • 1 1 .($':`Z:;. . S� . : NOTE: THIS FIGURE IS FOR GRAPHIC PURPOSES ONLY. THE BRIGHTON DITCH AND THE BRIGHTION DITCH G'� HALL-IRWIN CORPORATION LATERAL LOCATIONS SHOWN ON THIS FIGURE ARE CIVIL RESVURCES,LLC PARKER-DERSHAM RESOURCE APPROXIMATE AND ARE BASED ON AERIAL PHOTOGRPAHY DATE: FIGURE. OBTAINED FROM GOOGLE EARTH ON FEBRUARY 18, 2008. BRIGHTON DITCH LATERAL MAP 02/2008 2 ____ , MEMORANDUM TO: Jacqueline Hatch, Planning Services DATE: March 31, 2008 FROM: Donald Carroll, Engineering Administrator SUBJECT: USR-1611, Parker-Dersham Sand and Gravel Resource In finalizing the Hall-Irwin USR-1611, the two outstanding items are on Page 1, Item F and Page 2, Item I. With the expansion of the existing USR-1172 Hall-Irwin Pit you can incorporated in the storm water drainage plan to work with the existing facility. By using historical drainage patterns and run-off amounts to be maintained on site, along with best management practices. The applicant has acquired a flood hazard development permit from the Public Works Department for the USR-1611 case. I have signed off on the other 6 transportation items identified in the August 27, 2007, memo from Sara Foster in my memo dated November 2, 2007. pc: USR-1611 USR-1172 M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1611-B.DOC ` ibA\ • February 25,2008 Mr.Josh Nims Water Resources Engineering Coordinator Department of Public Works and Utilities,City of Westminster 4800 West 92nd Avenue Westminster,Colorado 80031 RE: Brighton Lateral Ditch Agreement Dear Mr.Nims: This letter agreement pertains to the Hall-Irwin Parker-Dersham operation and its effect on the Brighton lateral ditch The proposed sand and gravel mine site is located in Weld County,Colorado. A vicinity map and the legal description of the amended site boundary are attached. The relevant property will hereafter be referred to as the Parker property. The lateral ditch that is the subject of this agreement flows through the Parker property. It is our understanding that this lateral has been historically used to irrigate lands north of Hall-irwin's Parker-Dersham operation,which most recently involved irrigation of a tree farm located north of Hall-Irwin's Parker-Dersham operation. It is also our understanding that the City of Westminster owns the former tree farm property which is now being mined by Aggregate Industries. The final reclamation plan calls for backfilling the Parker site to existing grade. The City of Westminster has indicated an interest in maintaining this lateral as a turn out to fill the future water storage reservoir. This letter agreement sets forth commitments made to the City of Westminster by both Hall-Irwin Corporation,related to its Parker-Dersham operations and the surface owners of the Parker property, Robert L. Parker and Valerie A.Parker(the"Parkers"),and Westminster's permission to temporarily remove the existing ditch lateral Hall-Irwin and the Parkers make the following commitments to ensure the reasonable operation of the lateral ditch. 1. Hall-Irwin will mine through the ditch lateral in 2008 and reconstruct it to the same size(as determined by a survey)and location with similar grade,depth and slopes by December 31,2009,unless other arrangements are made with Westminster. 2. No dewatering flows will be added to the ditch during mining operations. 3. The Parkers represent that they are the current and sole owners of the Parker property. 4. Hall-Irwin and the Parkers acknowledge the existence of the ditch lateral on the Parker property,the historical non-exclusive easement related to the same,Westminster's right to utilize the ditch lateral,and all existing rights associated with the ditch Hall-Irwin and the Parkers waive any and all claims concerning the ditch lateral,including,but not limited to,the existence of,and past and future use of,the ditch lateral by Westminster and its successors and assigns. 5. In consideration for the representations and waivers set forth in paragraphs 1 through 4,above, Westminster consents to the temporary removal of the ditch lateral to accomplish the mining activities contemplated at the Parker property. if the provisions of this agreement are acceptable,please signify your City's approval by signing and notarizing in the appropriate spaces below. IN AGREEMENT: J.Bfent McFall City Manager City of Westminster Attachments: Legal Description Figure 1—Vicinity Map Figure 2—Brighton Ditch Lateral Map Page 2 Mr.Josh Nims February 25,2008 STATE OF COLORADO) ss. COUNTY OF11L ) This instrument was acknowledged before me this 4-day of/hah-e-k• ,2008 b J.Brent McFall as City ^4r �_ Manager,City of Westminster,a Colorado Municipal Corporation. �:• ,L. UKitness my h d and official seal. .Q,= 0(5). le- Notary Pdl c ; My commission expires- X-V�_v26, ;'iM t.y Commission Expires City ei Westminster City Mange's Cf e IN AGREEMENT: r,.. Adams Count/ Vrestrirss:ar,CO S0ii31 Mr.Jim McFarland' Vice-President,Aggregate Hall-Irwin Corporation STATE OF COLORADO) ss. COUNTY OF (..,-s•`(":. This instrument was acknowledged before me this £..≥> day of c s • v,. 2008 by Jim McFarland as Vice-President,Aggregate,Hail-Irwin Corporation,a Colorado Corporation. Witness my hand and official seal. tr Ahf Notary Public My commission expires: 1 "Z IN AGR y.j/ I d--•LI —ORoolrtt L.Parker,Parker Property owner Ms.Valerie A.Parker,Parker Property owner STATE OF COLORADO) ss. COUNTY OF 41.4A/L S ) This instrument was acknowledged before me this 17 day of /14.4-6..k._ ,2008 by Robert L.Parker and Valerie A.Parker. Witness my hand and official seal. MC WOODARD -- NOTARY PUBLIC STATE OF COLORADO ` My Camataefon Expires January 24,2010 Notary Public My commission expires:. 7, -Zoe LEGAL DESCRIPTION Parker Parcel: A part of the Southwest one-quarter of the Northeast one-quarter of Section 36,Township 1 North, Range 67 West of the 6th Principal Meridian,Weld County, Colorado,described as follows: Beginning at the Northwest corner of the Southwest one-quarter of the Northeast one-quarter of said Section 36;thence S89°51'15"E on an assumed bearing along the North line of the South one-half of the Northeast one-quarter of said Section 36 a distance of 185.00 feet to the True Point of Beginning; Thence continuing S89°51'15"E along said North line a distance of 649.64 feet;thence S00°23'08"W a distance of 1318.37 feet to a point on the South line of the South one-half of the Northeast one-quarter of said Section 36;thence N89°52'10"W along said South line a distance of 825.77 feet to the Southwest corner of the Southwest one-quarter of the Northeast one-quarter of said Section 36;thence N00°00'00"E along the West line of the Southwest one-quarter of the Northeast one-quarter of said Section a distance of 624.58 feet;thence N88°48'52"E a distance of 167.00 feet; thence N07°40'45"W a distance of 328.29 feet;thence N00°34'41"W a distance of 82.55 feet; thence N12°32'04"E a distance of 289.08 feet to the True Point of Beginning. Property contains 25 acres more or less. (Former)Dersham Parcel(s): (Lot B—11585 Weld County Road 2) Part of the Southeast'/of Section 36, Township 1 North, Range 67 West,of the 6th Principal Meridian, Weld County, Colorado,described as Lot B of Recorded.Exemption RE-4290. Property contains 27.3 acres more or less. Hall-Irwin Corporation—Parker/Dersham Sand and Gravel Resource—Brighton Lateral Ditch Agreement I / •••/ fi , a it ms.µ #, • 9�ro . R a _ «I °v.� <) .-, .'s .w P i '4:`d 444 . ir 3,.,,,\,„,, „„ , 0,,,,/ /. i _ l[p##y t k ..). wg '7% i k). • i C....t•? 47:11 1 I\iil It -.( ..'i '',t1 I t t. \ # 10::,; ll„m) t:>:::\,1;N:\Lirr711 in * ,I ,,Y I is ,, b .;a'•- '— 4a,4+ii ' )1" • x1 ;419 r.. / , 4# '..i t. • • 4 i /.. .. ;I \ •;-+fps •' - i l�,..�...... �'/ P rmr i[ P "" '� BB .. CR (BASEL !i w •!i • • ADAMS ccavr Y ', • P. , ,'Ufa a-.. Pati rw V\ a'''w ,t,' ' +1'x,...� ¢ ni• fit) , j a ,J ,,,,.44,,,,,„0„,,,`I g '• ,r • e ark ,'',(z ., • i 1 d F A i F $$ j�sY*� {y+�t j if 9 • q f 1 # ,''3. J ,° fir! r ..� :xr -.>r' .sue ,',41,•4,14144.„ ,J �,: 1ffr�'� ""m. + Yy ,,«,�s> hh p« tt •. t « "J.."!,,j� 8 , fI d • "r •'tit "vf, 4 ` c •.«x t i e .',.J's'” }+�g"'\"":-,,,;•.„.„,,,,i 't _ ,` e"3 't , 1`th 4-•"-4.1.:1• ; "—, f} } 3' g Sat"li a ,)1.,:i ' .;" 1,-„ air •,.. i ''•S '#2 yr •+ i w ,,,If. w Rio `.., i '�j AG rj} 1000 2000Len Crkal 0 HALL-IRWIN CORPORATION r .' PARKER/DERSHAM RESOURCE CIVIL REMURCES,LLC ? FEET � _' { IN ) DATE: FIGURE: -. ....._ .-_- ` VICINITY MAP :,. 05/2005 1 M . • • i 2r. t: { vS • r ,..1 y: t li .' . {I. {i • i t. . • `.� < • . • •r � e • 1 .I`I,i :.•1•�,: . ,, • : :fig 4_ . . I. �j• it ' +. ,kh ^,.ey9c.�3,4. ,.'�' ,r' •.I I y • ,.f • ...'�,+. '4.., I� •• •i;s.. iJ :111•• • •'�i• :•r.,xl.!. ,ss-.;�sry:1 •r.••:r. ::t:xs;. ... :F t• .. `g •it. • If trait..1. ..ta)•''''..5:'1. I is I. ' .y r•I 1, is ':,.: • • I: ,•••,;:i•.• I ' •. •., • I I, ' 1i ar . }I ^fir rt is ,.• •, ' ; .. it ,.,•3,i . • 1 I• • st•°I4 . .1 I gt, • f, I. • I "� • • i ..2ati)"r 1'dsa•;rtz t ....fi, •i;,,e:,.a:��:i • 21.1.1)1 Elio ;VA 1•ryaill tac'aisn{Iiti+; :ti•4;f+t':.�4. Y' f 1,Yi.. >...... 9 0.,.P NOTE: THIS FIGURE IS FOR GRAPHIC PURPOSES ONLY. THE BRIGHTON DITCH AND THE BRIGHTION DITCH G'] HALL-IRWIN CORPORATION LATERAL LOCATIONS SHOWN ON THIS FIGURE ARE CIVIL RES"PURCES,LLC PARKER-DERSHAM RESOURCE APPROXIMATE AND ARE BASED ON AERIAL PHOTOGRPAHY DATE: FIGURE: OBTAINED FROM GOGGLE EARTH ON FEBRUARY 18, 2008. BRIGHTON • BDITCH LATERAL MAP oDATE: 2 January 18, 2008 Mr. Josh Nims Water Resources Engineering Coordinator Department of Public Works and Utilities, City of Westminster 4800 West 92nd Avenue Westminster, Colorado 80031 RE: Brighton Lateral Ditch Agreement Dear Mr. Nims: This letter agreement pertains to the Hall-Irwin Parker-Dersham operation and its effect on the Brighton lateral ditch. The proposed sand and gravel mine site is located in Weld County, Colorado. A vicinity map and the legal description of the amended site boundary are attached. The lateral ditch that is the subject of this agreement flows through the Dersham property. It is our understanding that this lateral was once used to irrigate a tree farm located north of Hall-Irwin's Parker-Dersham operation. It is also our understanding that the City of Westminster owns the former tree farm property which is now being mined by Aggregate Industries. The final reclamation plan calls for backfilling the Parker site to existing grade. The City of Westminster has indicated an interest in maintaining this lateral as a turn out to fill the future water storage reservoir. The agreement describes commitments made to the City of Westminster by Hall-Irwin Corporation, related to its Parker-Dersham operations, and the City's permission to impact the ditch: 1. Hall-Irwin will mine through the ditch lateral in 2008. Upon request by Westminster prior to the end of mining operations, Hall-Irwin will reconstruct it to the same size (as determined by a survey) and location with similar grade, depth and slopes no later than December 31, 2009, unless other arrangements are made. 2. No dewatering flows will be added to the ditch during mining operations. 3. Hall-Irwin acknowledges Westminster's historic non-exclusive easement and all existing rights associated with the ditch. 4. Westminster consents to the above operations and impacts. If the provisions of this agreement are acceptable, please signify your approval by signing and notarizing in the appropriate spaces below. IN AGREEMENT: Mr. Josh Nims Water Resources Engineering Coordinator City of Westminster STATE OF COLORADO) ss. COUNTY OF ) This instrument was acknowledged before me this day of , 2008 by Josh Nims as Water Resources Engineering Coordinator, City of Westminster, a Colorado Municipal Corporation. Witness my hand and official seal. Notary Public Page 2 Mr. Josh Nims January 18, 2008 My commission expires: IN AGREEMENT: Mr. Jgg X11 Resource Manager Hall-Irwin Corporation STATE OF COLORADO) ss. COUNTY OF wo+ a ) This instrument was acknowledged before me this lard day of 1a..,,�. , 2008 by Jeff Gregg as Resource Manager, Hall-Irwin Corporation, a Colorado Corporation. Witness my hand and official seal. Notary Public My commission expires: 3 n1-2 01 0 A s *° may®��, �ws I f 0 fill (11 y% 1 /f I NORTH 0 250 500 MINSIIM)IMIMMIMI1 ) \?:246-1 � • .; it ' ' - - 4 0 ( IN FEET ) 2 s v ; •,, • CITY OF WESTMINSTER • PARCEL: 146936000029 CITY OF WESTMINSTER PARCEL: 146936000037 r 1 I Sy CITY OF WESTMINSTER PARCEL: 146925000018 WCR 23 . 75 1 7 ,... SI MS =Mil - LCEL (TO BE MINED BY HALL-1RWIN .+ CORPORATION) I 1 n 70 1 N) ie: �.n I �EPL - - - DI-�CN � ) , esIGHIC N 7--- 1 1 _ $ 7 N a v t e `,. / . L.....- — ' . , pa Tech nolagie c_ _ _ . t i, NOTE : THIS FIGURE IS FOR GRAPHIC PURPOSES ONLY . C....C7--- THE BRIGHTON DITCH AND THE BRIGF- TION DITCH HALL- IRWIN CORPORATION LATERAL LOCATIONS SHOWN ON THIS FIGURE ARE CIVIL RES'AURCES, LLC PARKER- DERSHAM RESOURCE APPROXIMATE AND ARE BASED ON AERIAL PHOTOGRPAHY _ -- ---- - --_ DATE: FIGURE: OBTAINED FROM GOOGLE EARTH ON FEBRUARY 18, 2008 . BRIGHTON DITCH LATERAL MAP 02/2008 1 t 1 CIVIL RESUR.CE.S LLC -- - - - ENGINEERS $-PLANNERS February 18,20.08 Engineering Section Weld County Public Works Department 1111 H Street Greeley,CO 80632 RE: Flood Hazard Development Permit(FHDP)Application for Hall-Irwin's Parker-Dersham Resource (USR•1611) Dear Reviewer: Please find enclosed with this letter, Hall-Irwin Corporation's Flood Hazard Development Permit(FHDP)application for the Paiicer Dersham Resource site. In response to the application requirements,please find the following attachments to this letter which have been collated to form four packets as outlined in the FHDP Submittal Checklist. o One original application plus three(3)copies o One copy of the deed or legal instrument identifying applicant's interest in the property a One original supplemental requirements plus three(3)copies o Four(4)certified copies of the Parker-Dersham Resource F EC- Model Report(which includes t#ie;24"x 36"certified Flood Hazard Development Permit Map) o $180 application fee As outlined in the Parker-Dersham Resource HEC-RAS Model Report,Hall-Irwin Corporation is not proposing to build any new structures or substantially alter any existing structures associated with this site,the Elevation Certificate is not applicable and is tt erefcire not included with this submittal. If you have any questions,regarding this application please feel free to-contact me at 303.833.1416 extension 211. Thank you for your time and attention to this application. Sincerely, CIVI RESOURCES C Sarah Foster, P.E. Project Engineer Attachments cc: Jacqueline Hatch,Weld County Planning Department Jeff Gregg, Hall-Irwin Corporation 323 F1EmI S-rREEr • P.O. Sox 680 • FREDERICK, CO 80530 • PHONE (303) 833-1416 • Fax (303) 833-2850. CIVIL RES- URCES, LLC ENGINEERS & PLANNERS February 18,2008 Ms.Jacqueline Hatch Weld County Planning Department 4209 CR 24.5 Longmont, CO 80504 RE: USR-1611 Hall-Irwin's ParkerlDersham Resource Final Information for Recording Dear Ms. Hatch: On behalf of Hall-Irwin, I am pleased to submit a final paper copy of the USR-1611 plats for Hall-Irwin's Parker/Dersham Resource for your final review and approval. I am also including your previously provided redlines for your reference. I have also listed below the final information that is required in order to record HaII-Irwin's Parker/Dersham Resource(USR-1611). We have listed the outstanding conditions that must be met prior to recording the plat. Our responses are in italics below each condition. 1. The applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that an adequate attempt has been made to mitigate the concerns of the mineral owner/operators. . Please refer to the attached Surface Use Agreement for the Dersham parcel(3). The Parker parcel is not currently impacted by active oil and gas activities. It will be accessible for future oil and gas operations because the property will be mined in two phases and because it will ultimately be backfilled to tie into the existing slopes on the property. (Attachment 3) 2. The applicant shall provide the Department of Planning Services with an approved State of Division of Water Resources Substitute Water Supply Plan or court approved augmentation plan. (Department of �,, Planning Services) We have attached the letter from the Office of the State Engineer that states that the Temporary Substitute Water Supply Plan(TSSP)has been approved. Please note that the Parker/Dersham site is included in the Baseline TSSP. (Attachment 4) 3. The applicant shall provide the Department of Planning Services with written evidence from the ditch company that the proposed mining and reclamation will not impact their use. (Department of Planning Services) Please refer to Attachment 5 for the agreement between Hall-Irwin and the City of Westminster(the - p ro owner of the ditch). 4. The applicant shall submit an application for a Flood Hazard Permit to the Department of Public Works for review and approval. Evidence from the Department of Public Works that the application has been approved shall be provided to the Department of Planning Services. (Department of Planning Services) Please refer to Attachment 6 for a copy of the Flood Hazard Permit Application that we have submitted to the Department of Public Works. 323 FIFTH STREET • P.O. Box 680 • FREDERICK, CO 80530 • PHONE (303) B33-1416 • FAX (303) 833-2850 Ms. Jacqueline Hatch CIVIL RESURCES,LLC February 18, 2008 Page 2 of 2 5. The applicant shall provide evidence that the plats for RE-4290,AMRE-4290 and AMSE-656 have been recorded. (Department of Planning Services) The plats for RE-4290,AMRE-4290(RE-4638)and AMSE-656 were recorded on November 5, 2007 as reception numbers 3515414, 3515415 and 3515413, respectively. If you have any questions, regarding these responses please feel free to contact me at 303.833.1416 extension 211. Thank you for your assistance. Sincerely, CIVI RESOURCES, LLC eiskl-z=2, Sarah Foster, P.E. Project Engineer cc: Jeff Gregg, Hall-Irwin Corporation Attachments: Attachment 1 —24"x 36"final paper copy of USR-1611 plat Attachment 2—Previously provided redlines to the USR-1611 plat Attachment 3—Surface Use Agreement for the Dersham parcel Attachment 4—Approved State of Division of Water Resources Substitute Water Supply Plan Attachment 5—Agreement between Hall-Irwin and the City of Westminster Attachment 6—Flood Hazard Permit Application J:1HallIrwin\Parker-DershamlWeld County\Referral Response Feb 08 ResponselReferral response letter Feb 2008.doc Weld County Plannir Iartment SOUTHWEST B NG JAN 312008 RECEIVED CIVIL RESOURCES TRANSMITTAL TO: / J6" Dw „i- FROM: 6afait I��PICC/1✓I r�i DATE: /31 /19 PROJECT: paik,KDA itat"vi ATTN: Ta,_, 44,4 JOB NO. bale //0/ CC: FAX: PHONE: PAGES: Including Cover RE: ❑ Urgent KFor Review ❑ Please Comment ❑ As Requested ❑ Please Recycle CONTENTS 1 Z1 "XeS, " ag-P-11,0/f petpl.. t/ASpJ- COMMENTS: 323 Fifth Street• P.O. Box 680• Frederick, Colorado 80530• Phone:303.833.1416 Fax:303.833.2850 COlO DEPARTMENT OF NATURAL RESOURCES O DIVISION OF WATER RESOURCES is '4,/876£ Bill Ritter,Jr. Governor Harris D.Sherman January 14, 2008 Executive Director Dick Wolfe,P.E. Director Mr. Andy Rodriguez, P.E. Civil Resources, LLC 323 Fifth Street P.O. Box 680 Frederick, CO 80530 Re: Baseline Resource Aggregate Mine, Substitute Water Supply Plan DMG File No. M-97-058 Section 36, T1 N, R67W, 6t" P.M., Adams County Water Division 1, Water District 2 Approval Period: January 1, 2008 through December 31, 2008 Contact phone number for Mr. Andy Rodriguez: 303-833-1416 Dear Mr. Rodriguez: We have received your letter of December 4, 2007, requesting renewal of the above referenced substitute water supply plan to cover depletions caused by an existing gravel mining operation operated by Hall Irwin ("Applicant"). The required fee of$257.00 for the renewal of this substitute supply plan has been submitted (receipt no. 3623820). Plan Operation The Baseline Resources mining area is split into two adjacent sites. The East site is encompassed by an existing slurry wall while the West site is located outside of the wall, as shown in attached figure 1. For 2008 all mining will occur outside of the slurry wall. Operations at the site are expected to occur during nine months of the year from March through November. The applicant will dewater the active mining area to allow for dry mining. The dewatering water will be conveyed through dewatering trenches to a 7.18 acre settling pond An alluvial well has been constructed to provide water for concrete batching and dust suppression. This well was constructed under permit no. 57068-F and is located outside the boundaries of the slurry wall. The applicant has bonded for lining and backfilling of the pit through the Division of Reclamation Mining and Safety. { Office of the State Engineer 1313 Sherman Street,Suite 818•Denver,CO 80203•Phone:303-866-3581 •Fax:303-866-3589 www,water.state.co.us 1 A Mr. Andy Rodriguez, P.E. January 14, 2008 Page 2 Depletions Currently 7.6 acres of ground water surface is exposed at the Baseline Resource pit. Consumptive use from the operation of this site consists of 24.86 acre-feet of water lost in product (4% moisture of 845,000 tons of raw material), 3.31 acre-feet for on-site dust control, 17.8 acre-feet used in the production of 145,000 tons of concrete and 22.38 acre-feet of evaporation from the 7.6 acres of lake surface exposed after December 31, 1980. The total consumption at this site from mining operations is 68.35 acre-feet. The depletions from the mining operation were lagged to the stream using the SDF method. The construction of the slurry wall affects the timing of the lagged impacts on the South Platte River. The applicant previously prepared a numeric model to account for this affect. According to the model, the SDF for the Batch Plant production well (concrete production and dust suppression) was estimated to be 176 days and the SDF for the evaporation loss and water lost in product was estimated to be 205 days. Replacements The proposed source of replacement for this pit is fully consumable effluent leased from the City of Aurora and nontributary ground water pumped from an existing Laramie-Fox Hills aquifer well. The applicant has entered into a long term lease agreement with the City of Aurora ("Aurora") whereby Aurora will deliver up to 49 acre-feet of fully consumable water to the South Platte River at the confluence of the South Platte River & Sand Creek, just north of Metro Wastewater Treatment Plant. The confluence is located approximately 20 miles upstream of the Baseline Resource Pit. A 0.25 percent per mile transit loss for November through March (5.0 percent overall loss) and a 0.5 percent per mile transit loss for April through October (10.0 percent overall loss) has been accounted for in the replacement schedule. In addition to replacing depletions resulting from this mining operation, the City of Aurora effluent will also be used by the Applicant to replace 20.9 acre-feet of depletions resulting from operation of the well no. 14007-R, in accordance with the C.R.S. 37-92-308(4) SWSP approved for Bestway Concrete. Since the City of Aurora effluent is being used as a replacement source for both plans, the applicant's accounting for each SWSP must specify the total amount of effluent released and the amount associated with each SWSP. The nontributary Laramie-Fox Hills aquifer water will be withdrawn by an existing well pursuant to permit no. 64750-F. The well is currently permitted for industrial, commercial and augmentation use and is allowed an average annual withdrawal of 43.5 acre-feet and a pumping rate of 100 gpm. The Applicant's accounting includes the 2% relinquishment requirement for the nontributary Laramie-Fox Hills water. A monthly breakdown of depletions and replacements is shown in attached Table 1-Rev1. { Mr. Andy Rodriguez, P.E. January 14, 2008 Page 3 Conditions of Approval I approve the proposed substitute water supply plan in accordance with Section 37-90- 137(11), C.R.S., subject to the following conditions: 1. This SWSP shall be valid for the period of January 1, 2008 through December 31, 2008, unless otherwise revoked, modified, or superceded by decree. If this plan will not be made absolute by a water court action by the plan's expiration date, a renewal request must be submitted to this office with the statutory fee (currently $257) by November 1, 2008. 2. A new well permit must be obtained for the gravel pit and production well in accordance with §37-90-137(2) and (11), C.R.S. A well permit application has been submitted under receipt no. 532971. Any application will be evaluated subsequent to approval of this plan. The provisions of §37-90-137(2) prohibit the issuance of a permit for a weH to be located 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 amendment will be canceled. 3. The losses associated with this mining operation must not exceed a total of 68.35 acre- feet for the duration of this permit approval. These losses include 22.38 acre-feet of evaporation from the proposed exposure of 7.6 acres of groundwater after December 31, 1980, 24.86 acre-feet of water lost in product (4% moisture of 845,000 tons of raw material), 3.31 acre-feet for on-site dust control, 17.8 acre-feet used in the production of 145,000 tons of concrete. Should the consumptive use at the site exceed 68.35 acre- prior to the expiration date of this plan, an amendment will need to be filed with this office. 4. Approval of this plan is for the purposes as stated herein. Any additional uses of this water must first be approved by this office. 5. The Water Commissioner responsible for the administration of this plan is Mr. Robert Stahl, 9378 WCR 25, Fort Lupton, CO 80621, phone no. (303) 857-0742. The applicant shall maintain daily records of all diversions, replacements, and the amount of water used for each particular purpose. The applicant shall provide a report of these records to the division engineer and the water commissioners on a monthly basis on a form approved by them. The accounting must be submitted within thirty (30) calendar days of the end of the month for which the accounting is being made. In addition, the applicant shall submit a report from the City of Aurora ("Aurora"). The report shall include an accounting of all replacement water controlled by Aurora, showing the total volume of water under its control and the amount committed to each of the recipients of the water. Mr. Andy Rodriguez, P.E. January 14, 2008 Page 4 6. Since the water leased from the City of Aurora will be used to replace depletions under this SWSP and the C.R.S. 37-92-308(4) SWSP approved for Bestway Concrete, the applicant's accounting for each SWSP must show the total amount of effluent released and the amount associated with each SWSP. 7. 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. 8. All releases of replacement water must be sufficient to cover all out of priority depletions and be made under the direction andlor approval of the water commissioner. The replacement may be aggregated to maximize beneficial use. The water commissioner and/or division engineer shall determine the rate and timing of an aggregated release. 9. The name, mailing address, and phone number of the contact person who will be responsible for operation and accounting of this plan must be provided on the accounting forms to the division engineer and water commissioner. 10. The approval of this substitute water supply plan does not relieve the Applicant and/or landowner of the requirement to obtain a Water Court decree approving a permanent plan for augmentation or mitigation to ensure the permanent replacement of all depletions, including long-term evaporation losses and lagged depletions after gravel mining operations have ceased. If reclamation of the mine site will produce a permanent water surface exposing groundwater to evaporation, an application for a plan for augmentation must be filed with the Division 1 Water Court at least three (3) years prior to the completion of mining to include, but not be limited to, long-term evaporation losses and lagged depletions. If a lined pond results after reclamation, replacement of lagged depletions shall continue until there is no longer an effect on stream flow. 11.This substitute water supply plan may be revoked or modified at any time should it be determined that injury to other water rights has or will occur as a result of this plan. 12. Should this substitute water supply plan expire without renewal or be revoked prior to adjudication of a permanent plan for augmentation, all excavation of product from below the water table, and all other use of water at the pit, must cease immediately. 13. Dewatering at this site will produce delayed depletions to the stream system. As long as the pit is continuously dewatered, the water returned to the stream system should be adequate to offset the depletions. However, once dewatering at the site ceases the delayed depletions must be addressed. At least three years prior to completion of dewatering, a plan must be submitted that specifies how the post pumping dewatering depletions will be replaced, in time, place and amount. 14. The decision of the state engineer shall have no precedential or evidentiary force, shall not create any presumptions, shift the burden of proof, or serve as a defense in any water court case or any other legal action that may be initiated concerning the substitute water supply plan. This decision shall not bind the State Engineer to act in a similar manner in any other applications involving other plans or in any proposed renewal of this plan, and shall not imply concurrence with any findings of fact or conclusions of law contained herein, or with the engineering methodologies used by the Applicant. 4 Mr, Andy Rodriguez, P.E. January 14, 2008 Page 5 Should you have any questions, please contact Joanna Williams of this office or Mr. Scott Cuthbertson of our Division office in Greeley at (970) 352-0742. Sincerely, Kevin G. Rein, P.E. Chief of Water Supply • Attachments: Table 1-Rev1 and Figure 1 KGR/JMW cc: Scott Cuthbertson, Assistant Division Engineer Robert Stahl, Water Commissioner, Water District 2 Division of Reclamation, Mining and Safety • i • F _<____ ', k?"�; F � - L . _ ..... .. -i tF .�. .� - , , SLUR i VI, , ,: , MINING ,s r .";- '+ate =4 9 ' Y4 1 LFH WELL . k F P' .t Aa ,1.-...,-.,),Alt.,4 '� APPROX 3 { 6 4 ET'TU.�:ENO POND � . F . PSG f ", z�" 4`� f I' . • d &r'' ` • • • • .; �f -" 1 t , • /r - ,. r k : . \ ' ,m,_,I , . • I 0nre Gp ��4 HALL IRUUIN ' � ' BASELINE RESOURCE 5 CIVIL RES'FURC ES,LLC N DATE: FIGURE: a 1 �' GENERAL LOCATION MAP - - � ° ,. s .k,s...�xc -F�3;;�,'. 12/2007 __' '` Table 1-Rev1 Baseline Resource REPLACEMENT OPERATIONS Laramie-Fox Hills Total Well Pumping to Laramie-Fox Hills Aurora Lease Month Depletions River Well Returns(2%) Delivered Transit Loss-5% Net River Impact (acre-feet) (acre-feet) (acre-feet) (acre-feet) [1] [2] [3] [4] [5] [6] Jan-08 -5.14 3.27 -0.07 2.10 -0.11 0.06 Feb-08 -4.49 2.86 -0.06 1.84 -0.09 0.06 Mar-08 -4.12 2.62 -0.05 1.69 -0.08 0.05 Apr-08 -4.24 2.70 -0.05 1.74 -0.17 -0.03 May-08 -4.70 2.99 -0.06 1.92 -0.19 -0.04 Jun-08 -5.39 3.43 -0.07 2.21 -0.22 -0.04 Jul-08 -6.23 3.96 -0.08 2.55 -0.26 -0.05 Aug-08 -6.97 4.43 -0.09 2.86 -0.29 -0.06 Sep-08 -7.28 4.63 -0.09 2.98 -0.30 -0.06 Oct-08 -7.14 4.54 -0.09 2.92 -0.29 -0.06 Nov-08 -6.69 4.25 -0.09 2.74 -0.14 0.08 Dec-08 -5.98 3.80 -0.08 2.45 -0.12 0.07 Total -68.35 43.47 -0.87 28.00 -2.26 -0.01 Notes: [1]From Table 2,column[17] [2]Pumping from New LFH well on HIBE property [3]Return flow obligation from LFH aquifer pumping-2% [4]Lease from Aurora [5]River transit loss-(0,5%per mile for April through October and 0.25%per mile for November through March from Metro WVVTP) [6]Net River Impact column[1]+column[2]+column[3] +column[4]+column[5] 12/11/2007 Hello