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Home My WebLink About20081221.tiff • sir ern- 11111. NORTHERN COLORADO CONSTRUCTORS , INC . USR 1394 Amendment Application November 15, 2007 • DRMS Permit Information 1 copy • V m 1400 W 122n°Avenue—Suite 120•Westminster CO 80234•Ph:303-457-0735• Fax: 303 - 2008-1221 1.1 • ' • EXHIBIT D - MINING PLAN This section follows the requirements outlined in Section 6.4,4 of the Colorado Mined Land Reclamation Boards Construction Rules and Regulations. A. Background The purpose of this application is to obtain authorization for Northern Colorado Constructors Inc. —Aggregate Division(NCCI)to mine,process and sell sand and gravel and to operate a concrete ' batch plant on property owned by NCCI. NCCI will mine approximately 73 acres of the 102 acre parcel located at the northwest corner of the intersection of Weld County Roads 18 and 25.Please see the attached index map(Exhibit B)for the specific location of the area to be mined. B. Operational Methods ' a. Description of mining method: The applicant will begin mining on the north side of the mining area and proceed through the site in phases as shown on the Mining Plan Map. Upon completion of mining Phase I, the site will be mined from north to south with the processing area being at original surface until there is enough space in the pit to move the operation into the pit. A typical section will be about 10 acres in size. Only one section or I . portions of two sections and the processing area will be disturbed during any phase of mining. This will minimize the amount of land disturbed at any one time. Please ' refer to the Mining Plan Map for details on the phasing order. Site preparation Initial disturbance of the property will include removal of topsoil from the first phase, establishing a processing area and dewatering. Proposed Mining Process for Each Section ' Before any mining commences, the operator will install a dewatering trench around the section to be mined. This water will be pumped and discharged into a pond on the property or into a ditch which discharges to the Platte River pursuant to a discharge ' permit from the Colorado Department of Public Health and the Environment (CDPHE). The site will comply with all CDPHE regulations including monitoring and reporting requirements for the life of the mine. After the section is dewatered, loaders and trucks will strip the topsoil and stockpile it. The overburden will ultimately be used in reclaiming and sloping the shore. When ' the alluvium is sufficiently dry, an excavator will place the gravel on conveyors or NCCI Mining Proposal for the NCCI Pit#1-MLRB 112Permit 14 I� 1 t.. • haul trucks which will convey the material to the processing area. As the area is mined, overburden will be placed along the edges to create the shoreline of a future pond. Topsoil will be placed on finished grades and the area will be seeded. After the mining of a phase is substantialy completed, a dewatering trench will be constructed around the next phase to be mined and the process will begin again. ' b. Earthmoving: sand and gravel will be excavated by loader and loaded onto conveyors or haul trucks which will convey the material to the processing area. c. MI water diversions and impoundments: the perimeter of the mining phase will be dewatered by digging a trench approximately 34 feet deep to bedrock. The water will be pumped and discharged into a pond on the property, then into a ditch which ' discharges to the Platte River. Wash water for the processing equipment will be recycled through a series of small ponds within the processing site(see Mining Plan Map). Upon completion of mining Phase I, the wash ponds will be relocated to the Phase I mining area for the remainder of the operation. All water required to operate the facility will be provided by the existing water rights associated with the property or water rights purchased for the project. ' d. Size of the area to be worked at any one time within the mining area: excluding the processing area and stockpiles, a maximum of 25 acres will be disturbed at any A one time. Concurrent reclamation of the site will include grading, replacement of All topsoil and seeding of the pond embankments. Undisturbed areas will be managed as irrigated pasture or other appropriate cover crop until mining commences on each phase. e. Timing: The applicant anticipates that mining will begin in the winter of 2001. It ' will take approximately 8 to 10 years to mine and reclaim this property. Annual production is estimated to be between 320,000 and 500,000 tons. This may vary depending upon the demand for construction material which may impact the total life of the mining operation. The property will be mined in 7 phases, each phase will take between 10 to 16 months to complete (see Mining Plan Map). Reclamation will proceed in conjunction with the mining of each phase and will consist of regrading, backfilling, replacement of topsoil and seeding of pond banks. f. Nature, depth and thickness of the deposit to be mined and the thickness and ' type of overburden to be removed: Please refer to Exhibit I- Soils Information for a copy of the test hole logs. The nature, depth and thickness of the deposit to be mined and the thickness and type of overburden to be removed is shown on the test hole logs. NCCI Mining Proposal for the NCCI Pit Ill-MIRB 112Permit 1 15 i • • The primary commodity to be mined/extracted is sand and gravel. The intended use is for construction materials. Anticipated incidental production will include gold that ' is recovered as part of the standard washing and screening operation. I 1 I I 1 I. 1 NCCI Mining Proposal for the NCCI Pit#1—MLRB 112Pennit 16 • EXHIBIT E - RECLAMATION PLAN This section follows the requirements outlined in Section 6.4.5. The proposed mining and ' reclamation plans focus on minimizing the ecological impacts of mining, minimizing the length of time of impact and maximizing long-term benefits. ' A. Describe the type(s)of reclamation the Operator/Applicant proposes to achieve,why each type was chosen,the amount of acreage accorded to each,and a general discussion of reclamation methods as related to the mechanics of earthmoving. NCCI developed the reclamation plan based on the depth and configuration of the gravel resource. Reclamation for the mining area includes: Ponds NCCI will create five ponds during final site reclamation. The lakes will total approximately 67 acres in size. Anticipated uses include irrigation water storage and ' recreational use. Earthmoving The topsoil will be replaced by loaders and generally graded with a blade. All grading shall be done in a manner that controls erosion and siltation of the affected lands to protect ' areas outside the affected land from slides and other damage. In addition, all backfilling and grading shall be completed as soon as feasible after the mining process. All disturbed areas shall be regraded and smoothed to a finished grade that is suitable for revegetation or the final land use. NCCI Mining Proposal for the NCCI Pit it I—MLRB 112Permit ' 17 117 1 r • As noted previously, the area will be reclaimed as mining proceeds. Backfilling, finish grading, topsoil placement and seeding will occur throughout the life of the mine. Shoreline treatment will include slope variation to encourage diversity in the type of vegetation that will thrive on the reclaimed property. Typical cross-sections of the shorelines are included on the Reclamation Plan Map. ' B. Compare the proposed post-mining land use to other land uses in the vicinity and to adopted state and local land use plans and programs. ' The land use in the area is generally agriculture and the post-mining use of water storage and wetlands will fit with the current surrounding uses. There is a water storage gravel pit approximately% mile north of this site. The gravel mining proposal and Sketch Plan application are currently being reviewed by Weld County. We will forward a copy of the County's recommendation regarding the Special Use for Gravel Mining once the Weld County review process has been completed. A. Describe how the Reclamation Plan will be implemented to meet each applicable requirement of Section 3.1. The Operator will carry all reclamation to completion with reasonable diligence,and each phase of reclamation shall be completed within five years from the date the Operator ' informs the Board or Office that such phase has commenced. NCCI will comply with all reclamation measures set forth in Section 3.1.5: 1 Grading will create a final topography that is appropriate for ponds and anticipated future • land use. All grading will be performed to help control erosion and siltation of the affected lands. ' All backfilling and grading shall be completed as soon as feasible after the mining process. Any drill or auger holes that are part of the mining operation shall be plugged with inert material, which shall prevent harmful or polluting drainage. Maximum slopes and slope combinations will be compatible with the configuration of surrounding conditions and selected land use. All slopes will be compatible with specified MLRB standards. All mined material to be disposed of within the affected area will be handled in such a manner so as to prevent any unauthorized release of pollutants to the surface drainage system. NCCI will comply with applicable Colorado water laws governing injury to existing water rights and with applicable state and federal water quality and dredge and fill laws and regulations. The Applicant will stabilize and protect all surface areas of the affected land, including spoil piles so as to effectively control erosion. NCCI will comply with all standards and conditions applicable to classified and unclassified groundwater. NCCI Mining Proposal for the NCCI Pit#1—MLRB 111Permit 18 • NCCI will protect the existing and"reasonably potential"future uses of groundwater. We are in process of applying for a well permit and required temporary substitute supply plan to augment evaporative loss from the ponds. We will forward copies of the appropriate documents once the State Engineer has completed review of the applications. All aspects of the mining and reclamation plans shall take into account the safety and protection of wildlife on the mine site,at processing sites,and along all access roads to the mine site with special attention given to critical periods in the life cycle of those species which require special consideration ' Topsoil shall be removed and segregated from other spoil. Topsoil stockpiles shall be stored in places and configurations to minimize erosion and located in areas where disturbance by ongoing mining operations will be minimized. Once stockpiled, topsoil shall be rehandled 1 as little as possible. In those areas where revegetation is part of the reclamation plan, land shall be revegetated in a way as to establish a diverse, effective,and long-lasting vegetative cover that is capable of self-regeneration without continued dependence on irrigation or fertilizer and is at least equal in extent of cover to the natural vegetation of the surrounding area. NCCI will post appropriate signage at the entrance to the mine site. D. Plans for topsoil segregation,preservation and replacement;for stabilization,compaction, and grading of spoil; and for revegetation. Topsoil shall be removed and segregated from other spoil. Please refer to the Mining Plan Map for specific location of stockpiles. For reclamation, topsoil will be replaced by a loader and generally graded with a blade. All grading shall be done in a manner that controls erosion and siltation of the affected land to protect areas outside the affected land from slides and other damage. In addition, all backfilling and grading shall be completed as soon as feasible after the mining process. Final grading will create a final topography that is appropriate for the final land use. For 1 example, final grading along lake shores will replace topsoil at a maximum 4:1 slope to meet the grade at the top of the banks. Topsoil will be replaced on all slopes above the high water line. Bare mineral soil along the shoreline wetland bench (below the high water line) will be scarified in mid-May to late June to allow for Cottonwood and other wetland vegetation establishment. Topsoil will be uniformly placed and spread on all areas disturbed by the mining, above the anticipated high water line, The minimum thickness shall be to 6 to 12 inches above the surrounding finished grade. The topsoil shall be keyed to the underlying and surrounding material by the use of harrows, rollers or other equipment suitable for the purpose. In those areas where revegetation is part of the reclamation plan, NCCI will revegetate the ' land in such a way as to establish a diverse, effective, and long-lasting vegetative cover that is capable of self-regeneration without continued dependence on irrigation or fertilizer and is at least equal in extent of cover to the natural vegetation of the surrounding area. Seed will be drilled and mulched. NCCI Mining Proposal for the NCCI Pit#1—MLRB 112Permit 19 The revegetation plan shall contain a list of the preferred species of grass, legumes, • forbs, shrubs or trees to be planted, the method and rates of seeding and planting,the estimated availability of viable seeds in sufficient quantities of the species proposed to be used, and the proposed time of seeding and planting. The seed schedule is as follows: I Scientific Name Common Name Variety Pounds PLS/Acre IGRASSES Agropyron riparium Streambank Wheatgrass Sodar 1.00 1 Agropyron smithil Western Wheatgrass Arriba 2.00 Agropyron smithii Western Wheatgrass Rosanna 2.00 Andropogon gerardi Big Bluestem 2.00 I Boutelona graci/lis Blue Grama Covington 1.00 Buchloe dactyloides Buffalograss Sharps Improved 0.50 Festuca pratensis Meadow Fescue 1.00 1 Panicum virgatum Switchgrass Trailblazer 1.50 Poa compressa Canada Bluegrass Rubens 0.50 Schizachyrium scoparium Little Bluestem Cimarron 1.50 ISporobolus cryptandrus Sand Drop Seed .50 PORES Ill Achiliea millefolium Yarrow 0.10 Gailiardia aristata $lanketflower 0.20 Linum lewisii Blue Flax 0.20 I Seed shall meet Colorado Department of Agriculture Seed Laws, Chapter 35, Article 27. The seeding mixture shall be applied at a pure live seed (PLS) rate per acre per the Idrawings. The formula for determining the quantity of pure live seed (PLS) shall be: Pounds of Seed (Bulk) X Purity X Germination =Pounds of Pure Live Seed (PLS) I All grass seed furnished shall be delivered in sealed bags showing weight, analysis and Ivendor's name. In certain areas where access is limited, seeding may be accomplished by hand I broadcasting seed over the area. Special care shall be taken to assure the proper seeding rate is used on these areas. After broadcasting of the seed has been accomplished, the seed shall be raked into the soil to a depth of to ' " and rolled. I The seeding mixture shown above applies at twice the pure live seed (PLS) rate per acre. I NCCI Mining Proposal for the NCCI Pit#1 -MLRB l i2Permit 20 I Fertilization will be determined at final reclamation based on a soils test performed by Colorado State University in conjunction with the Soil Conservation Service. Material for mulching shall consist of hay or straw, oats, wheat, barley, or rye, and shall be free of noxious weed seeds. At least 50% of the mulch by weight shall be uniform in length. Mulch will be applied to seeded areas. All newly seeded areas shall receive a uniform layer of mulch applied at the rate of 2 tons per acre, crimped with a crimper or other approved methods. ' Seeding will take place once final grading and replacement of topsoil have been completed for each phase. Timing of seeding will be consistent with standard horticultural practice for dryland applications - generally between late September and the middle of April to assure adequate moisture for germination. Long term maintenance of the shoreline vegetation will be the responsibility of the end user. D. A schedule indicating how and when reclamation will be implemented. The schedule shall include: 1. An estimate of the periods of time which will be required for the various phases of reclamation; Reclamation will proceed concurrent with each phase of the mining. Backfiiling, • grading and replacement of topsoil will be completed as soon the material adjacent to the pond bank has been removed to a point that will allow shaping of the bank or 1 backfilling of the area. The backfilled areas and regraded banks will be seeded at the earliest appropriate time to ensure there is adequate moisture for germination. 2. A description of the size and location of each area to be reclaimed during each phase; and ' Reclamation for each phase will consist of backfilling, regrading, replacement of topsoil and reseeding of perimeter banks and backfill areas. This area will consist of approximately 3-5 acres. The final phase will also include removal of the processing equipment. The operator will regrade the area, replace the topsoil and reseed it. It is anticipated that the site access road and haul road will be used for future access to the site. 3. An outline of the sequence in which each stage or phase of reclamation will be carried out. ' The reclamation sequence will proceed concurrently with mining and will include NCCI Mining Proposal for the NCCI Pit II 1-MLRB 112Permit 21 '• backfilling, regrading of mined sites, replacing 6 to 12 inches of topsoil and seeding during the appropriate season to assure adequate moisture for germination and weed control to assure that grasses can establish. 1 1 1. ' NCCI Mining Proposal for the NCCI Pith 1-MIR8 I12Pennit 22 '• STATE OF COLORADO � IVISION OF RECLAMATION,MINING AND SAFETY epartment of Natural Resources 1313 Sherman 5t.,Room 215 COLORADO Denver,Colorado 80203 Phone:(303)866-3567 FAX:(303)832-8106 CONSTRUCTION MATERIAL REGULAR(1 12)OPERATION RECLAMATION PERMIT APPLICATION PACKAGE Bill Owens Governor Russell George Executive Director APPLICABILITY: Ronald W.Catlany Division Director This application package is for a construction materials operation which affects 10 acres or more. Natural Resource Trustee If you plan to conduct a construction materials extraction operation which meets these criteria,please follow the instructions provided in this package, in the Rules and Regulations, and in the Colorado Land Reclamation Act for the Extraction of Construction Materials,as required. RECOMMENDATIONS PRIOR TO FILING: The Construction Material Rules and Regulations (the Colorado Land Reclamation Act for the Extraction of Construction Materials, Section 34-32.5-101, et seq., C.R.S., and 2 CCR 407-I) and the Colorado Mined Land Reclamation Board (the "Board")regulate the permitting,operational and reclamation requirements for all construction material extraction operations in Colorado. It is your obligation to comply with the Act and Regulations. You are encouraged to obtain and review a copy of the Rules, available for $8.00 from the Division of Reclamation, Mining and Safety (the "Office"). In order to submit your •application properly,it is recommended that you review the Act and: Rule 1.1 Definitions; Rule 1.4.1 Application Review and Consideration Process; Rule 1.4.5 Specific Requirements for Regular 112 Operations; Rule 1.6 Public Notice Procedures; Rule 3.1 Reclamation Performance Standards; Rule 3.3.1 Operating without a Permit -Penalty; Rule 4 Performance Warranties and Financial Warranties; Rule 6 Permit Application Exhibit Requirements; Rule 6.2 General Requirements of Exhibits; Rule 6.4 Specific Permit Application Exhibit Requirements; and Rule 6.5 Geotcehnical Stability Exhibit. It is recommended that you contact the agencies listed in the application section titled"Compliance With Other Laws"prior to •submitting the application to the Office . Office of Office of Mined Land Reclamation Active and Inactive Mines - ii - ill FILING REQUIREMENTS: In order to apply for a Reclamation Permit for a Regular 112 Operation,please provide: C%- ° One(I)signed and notarized completed ORIGINAL and one(1) copy of the completed original Regular 112 Operation Application Form. ORIGINAL SIGNATURES MUST BE DONE IN BLUE INK. GI- 0 Two(2)copies of Exhibits A-S (required sections described in Rule 6). Ci-- ° Two(2)copies of Addendum I -Notice requirements(described in Rule 1.6.2(l)(b)). A sample of this notice is attached for your use. ° The Geotechnical Stability Exhibit when required by the Division. C.& ° The application fee. The ninety(90)day period for review of the application and exhibits will NOT begin until all required information and fee are submitted. The Office will then review the submitted information for adequacy. NOTICE REQUIREMENTS: C1 1. You MUST send a notice,on a form approved by the Board,to the local board of county commissioners. A • copy of this"Notice of Filing Application" form is attached for your use. C. 2. If the mining operation is within the boundaries of a conservation district, send a notice to the board of supervisors of the conservation district, PRIOR to filing the application. A copy of this "Notice of Filing Application" form is attached for your use. CA- 3. You MUST include proof of notice #I and #2 above with the application at the time the application is submitted to the Office for filing(Rule I.6.2(1)(g)). C' 4. PRIOR to filing the application,place for public review a copy of the application,less confidential items,with the clerk or recorder of the county or counties in which the affected land is located. C.% 5. You MUST include an affidavit or receipt demonstrating that the application was filed with the county clerk or recorder at the time the application is submitted to the Office for filing. C.? 6. Any changes or additions made to an application submittal MUST he filed with the county clerk or recorder. You MUST also provide the Office with an affidavit or receipt demonstrating that the change was tiled with the county clerk or recorder no later than the close of business on the day the change was filed with the Office (Rule 1.8.1(2)). CI: 7. Within ten(10)days after your application is considered filed,you must publish four times in a newspaper of general circulation, in the locality of the proposed mining operation,the notice described in Rule 1.6.2(1)(d). Ce.: 8. In addition, after the first publication you must mail or personally serve a copy of the notice described in Rule 1.6.2(1)(d)lo all owners of record of surface rights to the affected land and all owners of record of lands that • arc within 200 feet of the boundary of the affected land (Rule 1.6.2(1)(e)). A copy of a form which includes all required information for the notice is attached for your use. • - Ca- 9. Prior to the Office making a decision(consideration of the application),you MUST submit a copy of the proof of publication from the newspaper and proof of all required notices. Proof of the notices may be by submitting copies of return receipts of a certified mailing or by proof of personal service (Rules 1.4.1(4), 1.4?(4)(c), 1.6.2(1)(a)(ii),and 1.6.2(I)(g)). The copy of the application and any changes or additons placed at the office of the county clerk or recorder shall NOT be recorded,but shall be retained there for at least sixty(60)days after a decision on the application by the Office and be available for inspection during this period. At the end of this period, the application may be reclaimed by the applicant or destroyed (Rule 1.6.2(2)). APPLICATION REVIEW PROCEDURES: The Office shall approve or deny the application within ninety(90)days of filing unless the date for consideration by the Office is extended pursuant to Rule 1.8. The time for consideration shall not he extended beyond ninety(90)days after the last such change submitted. For complex applications,the review period may be extended an additional sixty(60)days. Please see Rule 1.1O0)for the definition of what constitutes a complex application. APPLICATION APPROVAL/DENIAL: if the requirements of the Act and Mineral Rules have been satisfied,the Office will approve the,application. The Act also provides for automatic approval if no action is taken by the Office by the end of the review period. If the Act and Regulation requirements have not been satisfied, the Office will deny the application. If the Office denies the •pplication,you may appeal to the Board for a final determination by submitting a written request for administrative appeal to the Board within 60 days of the decision date (Rule 1.4.7). PERFORMANCE AND FINANCIAL WARRANTIES: A performance warranty, and a financial warranty dollar amount determined during the application review process, must he submitted and approved by the Office PRIOR to permit issuance. A financial warranty should NOT be submitted until a decision on the application has been made. If the applicant is a unit of state or county government,then ONLY a performance warranty is required. Several different types of financial warranties are allowed by the law. Please review Rule 4.0 to determine which type of financial warranty you desire to use. You may obtain the appropriate warranty forms from the Office during the application review period. Please note that an application approval DOES NOT convey a right to begin operations. You MUST submit,and have approval of your performance and financial warranties,and receive your copy of the signed permit document PRIOR to beginning on-site mining activity. AUTOMATIC PERMIT APPROVAL: An automatic approval will occur where the Office fails to notify the applicant/operator that the application has been denied. This decision must be made ninety (90) calendar days from the date the application was determined to have been filed. However, the performance and financial warranties must he submitted and approved by the Office before the permit will be issued even if you receive an automatic approval. NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT iS •ISSUED(Section 34-32.5-109(1), C.R.S.). -iv- • COMPLIANCE WITH OTHER LAWS: Compliance with the Act and Rules and Regulations of the Mined Land Reclamation Board DOES NOT relieve you of your responsibility to comply with all other applicable state and federal laws. We recommend that you contact the following agencies to determine whether you need to comply with their legal requirements: o The Colorado State Historical Preservation Office regarding properties of historical significance including the need for an archeological survey,procedures for requesting a file search, and inventory forms to identify structures. o Colorado Division of Water Resources with regard to water rights; o Colorado Department of Health,Water Quality Control Division,with regard to the discharge of pollutants into the State waters; o Colorado Department of Health, Air Pollution Control Division, with regard to the need for a fugitive dust permit; o U.S. Bureau of Land Management or the U.S. Forest Service if the proposed operation will occur on federal lands; o U.S. Army Corps of Engineers regarding a dredge and fill (404)permit; and o The County Planning Department for the county or counties in which your proposed operation is located. Section 34-32.5-109(3),C.R.S,requires a mining operator to be responsible for assuring that the mining operation and the post-mining land use comply with local land use regulations and any master plan for extraction adopted pursuant to • Section 34-1-304,C.R.S. COMPLETION OF MINING: Upon completion of any phase of reclamation,you should consult Rule 3.1 for reclamation standards and 4.16 for details on how to request a reclamation responsibility release from the Board. M:Ynin\sWre vsfoms`{7ons°udion I I lilac (Approved 054 112005) • STATE OF COLORADO VISION OF RECLAMATION,MINING AND SAFETY partenent of Natural Resources 1313 Sherman St.,Room 215 nC Denver,Colorado 80203 Phone:(303)866-3567 CONSTRUCTION MA'1'ERI.ALS FAX:(303)832-8106 REGULAR(112)OPERATION RECLAMATION PERMIT APPLICATION FORM Bin Owens Governor CHECK ONE: X There is a File Number Already Assigned to this Operation Russell George. Permit p M -Zeal- )of - _ (Please reference the file number currently assigned to this opera[ralffwe Director Ronald W.Cattany New Application(Rule 1.4.5) )X Amendment Application(Rule 1.10) Division Director Conversion Application(Rule 1.11) Natural Resource Trustee Permit S M -Zool - I of - (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts:(i)the application form;(2)Exhibits A-S,Addendum 1,any sections of Exhibit 6.5(Geotechnical Stability Exhibit;and(3)the application fee. When you submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (I) copy of the completed application form,two(2)copies of Exhibits A-S,Addendum I,appropriate sections of 6.5(Geotechnical Stability Exhibit,anda check for the application fee described under Section(4)below. Exhibits should NOT be bound or in a 3-ring binder;maps should be folded to 8 1/2"X 11"or 8 V2"X 14"size. To expedite processing,please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION • Type or print clearly,in the space provided,ALL information requested below. I. Applicant/operator or company name(name to be used on permit): j4ocAi4"EN toss. vgu.7mpf,t Nc-____ 1.1 Type of organization(corporation,partnership,etc.): CorieLs7rgJ 2. Operation name(pit,mine or site name): W—/-1 pr 441 3. Permitted acrea¢e(new or existing site): /call 7_ permitted acres 3.1 Change in acreage(+) 7z..8(0— acres 3.2 Total acreage in Permit area 175 l03 acres 4. Fees: 4.1 New Application $2,344.00- application fee 4.2 New Quarry Application $2,906.00 quarry application 4.4 Amendment Fee 1938.00 amendment fee 4.5 Conversion to 112 operation(set by statute) __.' 2,344.00 . conversion fee 5. Primary commoditie(s)to be mined: AMI7 494.V51_ 5.1 incidental commoditie(s)to be mined: I. _.N/P._...-....._.-...._.._IksiTonsiy_t 2. / Ibsrfonsiyr 3. /--_,_-- lbs)tons/yr 4. _i Ibs,'Tonsryt 5. / lbs;Tonsin 5.2 Anticipated end use of primary commoditie(s)to be mined: W�lopl A +h¢ 67s ,_______ 5.3 Anticipated end use of incidental commoditie(s)to be mined: ___ µAA _ • Office of Office of Mined Land Reclamation Active and Inactive Mines - 2 - •6. Name of owner of subsurface rights of affected land: Z.. wa- FaIr'n u-(, t • p If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: ZAPC(_ F.'u9t LY) bl.l.P 8. Type of mining operation: As, Surface Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: We p PRINCIPAL MERIDIAN(check one): ,X 6th(Colorado) 10th(New Mexico) Ute SECTION(write number): S Z 4 TOWNSHIP(write number and check direction): T Z- X North South RANGE(write number and check direction): R o7 East )X West QUARTER SECTION(check one): NE. _NW X SE SW QUARTER/QUARTER SECTION(check one): NE _NW _SE SW GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation): L"3�f fAlla PLOOm.fl4ar of Fr. L-urronl1 Go ELe4ac ncM = 4,860 Pr . 10. Primary Mine Entrance Location(report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39° 44' 12.98" (W) 104° 59' 3.87" Latitude(N): deg 4'o min o 7 sec 13 . 44- (2 decimal places) Longitude(W): deg f O4}- min 49 sec±. NI (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude(N) (5 decimal places) Longitude(W) __(5 decimal places) OR Universal Tranverse Mercator(UTM) Example: 201336.3 F. NAD27 Zone 13 • 4398351.2 N UTM Datum(specify NAD27, NAD83 or WGS 84) Zone Easting Northing • -3 11. Correspondence Information: APPLICANT/OPERATOR (name,address,and phone of name to be used on permit) Contact's Name: Id's ZAVL— Title: T 74S J rE? Company Name: N cpypicsr4.1 Got4:44•Dn Goi`tST7-4.147aR- , I 1.11-• A' ' 4"TE Las' Street/P.O.Box: ')o70 WI-g- to P.O.Box: City: F1 1-41Pro,r4 State: C.o Zip Code: So(02! Telephone Number: ( 30 3 - $57-1764" Fax Number: ( 303 )- 7— ZC)3, PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: ':DPP Yep: Title: V.p. Company Name: -34-T GaNSvtZ1NFr/! Street/P.O.Box: 14ao L.1 1 ZZ-~d Aiu Sore- 17.c, P.O. Box: City: NEST 1ti.4STe[Z. State: £C' Zip Code: So, Telephone Number: ( 305 )- 457— -135 Fax Number: ( 3e,3 1- 7 —e,34-5 . INSPECTION CONTACT Contact's Name: AI✓(E sty t..t4wT/.43, Title:— Company Name: Street/P.O.Box: P.O.Box: City: _ State: Zip Code: Telephone Number: ( - Fax Number: (_ 1- C CC:: STATE OR FEDERAL.LANDOWNER (if any) Agency: 1J/A _— Street: City: — State: _-- _-_--_ Zip Code: _ -. Telephone Number: ( 1- CC: STATE OR FEDERAL LANDOWNER(if anyl Agency: Street: __— City: _-- -,- . State: -- - ,,p Cade: Telephone Number: L.__�1-__—_ - -4 - x•12. Primary future(Post-mining)land use(check one): _ Cropland(CR) _ Pastureland(PL) _ General Agriculture(GA) _ Rangeland(RL) _ Forestry(FR) _ Wildlife Habitat(WL) _ Residential(RS) _ Recreation(RC) _ Industrial/Commercial(IC) X Developed Water Resources(WR) Solid Waste Disposal(WD) 13. Primary present land use(check one): _ Cropland(CR) _ Pastureland(PL) _ General Agriculture(GA) Rangeland(RL) _ Forestry(FR) Wildlife Habitat(WL) _ Residential(RS) Recreation(RC) IndustriaLiCommercial(IC) _ Developed Water Resources(WR) 14. Method of Mining: Briefly explain mining method(e.g.truckrshovel): eiteaW.7tor.t WI Mc4&.VATog- oIZ s$ TAyai -v fizotski Agra OA Mravt.-In-K- cc- the j r- 15. On Site Processing: )C Crushing/Screening 13.1 Briefly explain mining method(e.g. truck/shovel): eikl SITE GRvoNrU4.4/Sog.ei- '(HJo Prt3G t6 f La'.DEK- '3-' List any designated chemicals or acid-producing materials to be used or stored within permit area: r'YA 16. Description of Amendment or Conversion: If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s). pwl rd<r -ter lb t 4a 1 of CIALicatt51]'E ID fb&flT ._ ADnirl4 l lat r AAD tAM sctrt-1tn45t r-04a-tries, • - 5 - '— aps and Exhibits: Two(2)complete,unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhibits A-S,Addendum 1,and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of reference. if separate documents arc used as appendices,please reference these by name in the exhibit. With each of the two(2)signed application forms, you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4,6.5, and 1.6.2(1)(b): EXHIBIT A Legal Description EXHIBIT B Index Map EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands EXHIBIT D Mining Plan EXHIBIT E Reclamation Plan EXHIBIT F Reclamation Plan Map EXHIBIT G Water Information EXHIBIT H Wildlife Information EXHIBIT I Soils Information EXHIBIT) Vegetation Information EXHIBIT IC Climate Information EXHIBIT I. Reclamation Costs IIIEXHIBIT M Other Permits and Licenses EXHIBIT N Source of Legal Right-To-Enter EXHIBIT O Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined EXHIBIT P Municipalities Within Two Miles EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District EXHIBIT R Proof of Filing with County Clerk or Recorder EXHIBIT S Permanent Man-Made Structures Rule I.6.2(1)(b) ADDENDUM 1 -Notice Requirements(sample enclosed) Rule 6.5 Geotechnical Stability Exhibit(any required sections) The instructions for preparing Exhibits A-S, Addendum 1, and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and Rule 1.6.2(1)(6)of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required, or would like to schedule a pre-application meeting you may contact the Office at 303-866-3567. Responsibilities as a Permittee: Upon application approval and permit issuance,this application becomes a legally binding document. Therefore, there are a number of important requirements which you, as a permittee, should fully understand. These requirements are listed below. Please read and initial each requirement,in the space provided-to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. . t^.2- I. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; -6 - Oft} 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; e$ 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; Ct 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modification and obtain approval from the Board or Office: C% 5. It is your responsibility to notify the Office of any changes in your address or phone number; C% 6. Upon permit issuance and prior to beginning on-site mining activity,you must post a sign at the entrance of the mine site,which shall be clearly visible from the access road, with the following information (Rule 3.1.12): a. the name of the operator; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board;and, c. the permit number. C.t 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. • G� 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. C 9. Annually,on the anniversary date of permit issuance,you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date(if there arc changes from the previous year),any monitoring required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example,a permit with the anniversary date of July 1, 1995,the annual fee is for the period of July 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee,to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. C.% 10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a power of attorney(provided by the partner(s)) authorizing the signature of the representative is attached to this application. Permit Condition: A reportable spill is a spill ot'any toxic or hazardous substance(including spills of petroleum products)within the mined land permit area reportable to any Division of the Colorado Department of Public Health and the Environment,the National Response Center,the Colorado Emergency Planning Commission,any local Emergency Planning Commission, local Emergency Planning Committee, or the State Oil Inspector. The Mine Operator shall notify the Division of • Reclamation,Mining and Safety(DRMS)of a reportable spill within the mined land permit area using the same timeframe required by the permit,license,notice,statute,rule or regulation governing the reporting of the spill to the other appropriate agency. Notice of a reportable spill shall be FAXed to: Minerals Program Supervisor,Division of Reclamation,Mining and Safety,FAX(303) 832-8106. The FAX shall include a call-hack number of a responsible company official for DRMS staff to use as a contact. -7 - --'NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions,changes,and deletions to this document prior to final decision by the Office. Therefore,if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider comments,unless they are written,and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process,you may contact the Office at(303) 866-3567. • • -R - •ertification: As an authorized representative of the applicant,I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. To the best of my knowledge,all significant,valuable and permanent man-made structure(s)in existence at the time this application is filed,and located within 200 feet of the proposed affected area have been identified in this application (Section 34-32.5-115(4)(e),C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(f), C.R.S.; 3. As the applicant/operator,I do not have any extraction/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32,5-120,C.R.S.)as determined through a Board finding. 4. I understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503,C.R.S. This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-111,C.R.S.,of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5-123,C.R.S. Signed and dated this 8 day of ��V St A/0,tMet" Aloe-...b eonciw<A. i..c If Corporation Attest(Seal) Applicant/Operator or Company Name Signed: 11 Signed: M rrt i449 C rate Secret or Equivalent Title: �r+A(Mr) +-r Town/City/County Clerk Lam/f`State of )reC�O ) County of 14/ �/ ) C,•"--r The foregoing insrument was acknowydged before me this day of gz- let�6 _ �/ 2 �)?by U/Tie 1/2 Kele, as 7/L« C_Ce 7 of %/C) --7___ L(1(�lll'4 -/� (21-ti di,It C✓Z2. BRENDA J. MCFARLANE Notary Public NOTARY PUBLIC • STATE OF COLORADO My Commission expires: • My Commission Expires 1(26(08 SIGNATURES MUST BE IN BLUE INK N Jlie'simrcsaf,rTm ou rcrc$nn I12.doc (Approved 05/1112005) You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a "proposed mining operation. The following is a sample of the Notice required for Rule l.6.2(1)(b)that you may wish to use. NOTICE This site is the location of a proposed construction materials operation. (Name of the Applicant/Operator)toL p co 9041- whose address and phone number is(Address and Phone Number of the Applicant/Operator) 303- SS?-1 a s has applied for a Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the(County Name) eJc l dt County Clerk and Recorder's Office, 14Y0 Al. 13k12 /}.n...r�. (Clerk and Recorder's Office Address) Grt...t<OtGo So'Tl ,and should send comments prior to the end of the public comment period to the Division of Reclamation, Mining and Safety, 1313 Sherman St, Room 215, Denver, Colorado 80203. Certification: chn S �ea< , hereby certify that I posted a sign containing the above notice for the proposed permit area known as the(Name of Operation) Wee- P:1• 3t I ,on(Date Posted) avgv c} 8,� , 2oo9— SIGNATURE DATE winthksints,sonatcongrocan I 1doc (Approved 05/ I/2005) • • EXHIBIT A Legal Description The amendment area tract is located in the Northeast % of Section 24, Township 2 North, Range 67 West, Sixth P.M. in Weld County, Colorado as described below. The tract includes 72.86 acres +/- and is north of and immediately adjacent to the existing permit area. The existing permit area is 102.77 acres +/-. The total amended permit area is 175.63 acres +/-. The amendment area tract consists of the following three parcels: Parcel "A" Lot 11 of the Lupton Meadows Land Company Map of Division No. 3, A Subdivision recorded June 12, 1909 in Book 5 of Maps at Page 1, excepting there from 4.66 acres off the extreme Northerly end of said Lot 11, together with the former right of way of the Denver, Laramie and Northwestern Railroad, said right of way being described in Book 314 at Page 440, Weld County records, adjoining the Easterly boundary line of said Lot 11, including said right of way along the Easterly line of said 4.66 acre tract hereinabove excepted from Lot 11, being a part of the NE '/4 of Section 24, Township 2 North, Range 67 West of the 6th P.M., County of Weld State of Colorado, the total being more particularly described as: Beginning at the center if said Section 24; thence N00°19'00"E on an assumed bearing along the Westerly line of said NE '/ of Section 24 a distance of 1311.94 feet to the SW corner of said . Lot 11 and the True Point of Beginning; thence continuing N00°19'00"E along said Westerly line of the NE 1/4 of Section 24 a distance of 992.94 feet to a point 319.00 feet Southerly of the North '/4 corner of said Section 24, said point being the SW corner of said Northerly 4.66 acres of Lot 11; thence S89°40'20"E, parallel with the Northerly line of said NE % of Section 24 a distance of 660.30 feet to the Westerly line of said former railroad right of way; thence N07°58'00"W along said Westerly line of the former railroad right of way a distance of 322.37 feet to a point on the Northerly line of said NE Y of Section 24, said point being 613.86 feet Easterly of said North '/4 corner of Section 24; thence S89°40'20"E along said Northerly line of the NE '/4 of Section 24 a distance of 101.06 feet to a point approximately 1898.88 feet Westerly of the NE corner of said Section 24; thence S07°58'00"E along the easterly line of said railroad right of way and 50.00 feet Easterly of the centerline of said railroad right of way a distance of 1092.48 feet to the beginning of curve to the right, thence Southeasterly on said curve to the right, having a central angle of 2°17'07", a radius of 5779.58 feet, a chord that bears S06°49'27"E 230.50 feet, and an arc length of 230.51 feet to a point in line with the Southerly line of said Lot 11; thence N89°48'41"W along the Southerly line of said Lot 11 a distance of 900.97 feet to the True Point of Beginning. Together with a non-exclusive access and utility easement over the Northerly 30 feet of Lot 7 of said Lupton Meadows Land Company Map of Division No. 3 and over the Easterly 60 feet of the Northerly 685 feet of Lot 12 of said Lupton Meadows Land Company Map of Division No. 3, according to parcel map recorded January 20, 2003 at reception No. 3025127 of Weld County records. • M-2001-107 NCCI Pit#1 DRMS 112 Permit Amendment 1 • Parcel "B" Lot 12 of the Lupton Meadows Land Company Map of Division No. 3, a subdivision recorded June 12, 1909 in Book 5 of Maps at Page 1, together with the former right of way of the Denver, Laramie and Northwestern Railroad, said right of way being described in deed recorded in Book 314, at Page 440, Weld County Records, adjoining the easterly boundary line of said Lot 12, being a part of the NE Y of Section 24, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, the total being more particularly described as: Beginning at the East%corner of said Section 24; thence N89°57'01"W on an assumed bearing along the Southerly line of said NE % a distance of 1654.39 feet to a point on the Easterly line of the abandoned Denver, Laramie and Northwestern railroad right of way, said point being the True Point of Beginning; thence continuing N89°57'01"W a distance of 958.88 feet to the center of said Section 24; thence N00°19'00"E along the Westerly line of said NE '/ of Section 24 a distance of 1311.94 feet; thence S89°48'41"E a distance of 900.97 feet to the Easterly line of said railroad right of way; thence Southwesterly on a curve that bears to the right and along the Easterly line of said railroad right of way and having a delta of 4°07'53", and a radius of 5779.58 feet, a chord bears S03°36'57"E 416.67 feet and an arc length of 416.76 feet to the end of said curve; thence S01°33'00"E along said railroad right of way a distance of 239.19 feet; thence continuing S01°33'00"E along said railroad right of way a distance of 655.08 feet to the True point of Beginning. Together with a non-exclusive access and utility easement over the Northerly 30 feet of Lot 7 of said Lupton Meadows Land Company Map of Division No. 3 and reserving a non-exclusive access and utility easement over the Easterly 60 feet of the Northerly 685 feet of Lot 12 of said Lupton Meadows Land Company Map of Division No. 3, according to parcel map recorded • January 20, 2003 at reception No. 3025127 of Weld County records. Parcel "C" Lot 7 of the Lupton Meadows Land Company Map of Division 3, a subdivision recorded June 12, 1909 in book 5 of Maps at Page 1, being a part of the NE Y of Section 24, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described as: Beginning at the E Y corner of said Section 24; thence N89°57'01"W on an assumed bearing along the Southerly line of said NE Y a distance of 1654.39 feet to a point on the Easterly Line of the abandoned Denver, Laramie and Northwestern railroad right of way, said right of way being described in Deed recorded in Book 314 at Page 440, Weld County Records; thence N01°33'00"W along said Easterly line of the abandoned Denver, Laramie and Northwestern Railroad right of way a distance of 655.08 feet; thence S89°52'51"E a distance of 1675.91 feet; thence S00°20'00"W a distance of 652.80 feet to the Point of Beginning. Reserving a non-exclusive access and utility easement over the Northerly 30 feet of said Lot 7 of Lupton Meadows Land Company Map of Division No. 3, according to Parcel Map recorded January 20, 2003 at Reception No. 3025127 of Weld County Records Said tract of land contains 72.865 acres more or less subject to all easements, rights of way, reservations and restrictions of record or as they now exist. • M-2001-107 NCCI Pat#1 DRMS 112 Permit Amendment 2 . \ r> - : AR67Wl R66W-_._ 4.2..5' • ' In j \CM ( ry` CC• z U.\\ 9 N.... �yr� $ z - CCf N PIT #1 AMENDMENT 14 ; , _AREA . c T2N , . CR181 _f - -- / 5 r t J- a / 1 - j o I , ' FORT LUPTONI, " s. i - ( ( s a�■ 3 I I ' GI. '- ,, P 2000 1000 0 2000 F 3 a (t Mm Exhibit B SCALE IN FEET o E. Date: 3/9/07 •U Jr JtT Consulting, Inc. Northern Colorado Constructors, Inc. Job No: 06109 o NCCI Pit #1 Drawn: WSS ZiTi 1400 W 122nd Avenue-Suite 120 40 Westminster,CO 80234 Scale: 1" = 2000' a 303-457-0735 Vicinity Map Sheet: 1 Of: 1 3 • EXHIBIT C Pre-Mining/Mining Plan Map See attached map. • • M-2001-107 NCCI Pit#1 DRMS 112 Permit Amendment 4 • EXHIBIT D Mining Plan Mining Limits NCCI wishes to amend their current permit to include the tract of land immediately to the north and adjacent to their current permit area as shown in Exhibit C, Mining Plan Map. The limit of mining on the current site has also been modified in two areas: 1. The area around the KPK well in the south end of the current site has been included in the area to be mined. This well is expected to be abandoned and removed. NCCI will maintain the setbacks from this well detailed in Technical Revision #3 until a final agreement with KPK is obtained and the well is abandoned and removed. 2. The area in the northeast corner of the current site has been included in the area to be mined and joined to the area to be mined on the amendment area tract. NCCI's original intent was to preserve this area as a future home building site. They have determined that they no longer desire to place a home in this area and are including it in the area to be mined. The amended permit boundary will encompass a total of approximately 175.63 acres with approximately 112.8 acres being mined. The remaining area will consist of setbacks, road and • utility right-of-ways, equipment storage, and plant site access.. An aggregate processing plant area and a concrete and asphalt batch plant area will be located within the mining area as shown on the Mining Plan Map. These areas will contain stockpiles and storage bins and silos as necessary to support the plant operations. Designated locations for concrete truck washout and excess concrete product dumping will be provided to ensure that waste materials are recycled and kept from entering the stormwater flows on the site. The concrete truck washout area will be a 30 foot by 20 foot three cell concrete structure. Concrete trucks will wash the residual product from their mixing drums and chutes into the first cell of the structure. The first cell spills into the second cell, which spills into the third cell. This allows the aggregate and suspended fines to settle into the cells over time. The water and settled material in the three cells is then removed as required and recycled into the concrete batch plant. Generally, the cells are cleaned on a weekly schedule. The excess product dumping area will be approximately 50 feet by 100 feet and have an exterior berm to limit the migration of stormwater flows to and from the surrounding areas. Excess product that is deposited in this area will be allowed to cure for approximately 90 days until it becomes inert. It will then be crushed and recycled. All local, State, and Federal rules and regulations will be followed for the storage and handling of any fuel, asphalt, cement, flyash, and admixtures required for the batching facilities. • M-2001-107 NCCI Pit#1 DRMS 112 Permit Amendment 5 • Various setbacks from adjacent roads, adjacent structures, and oil and gas infrastructure will be maintained as mining occurs. All setbacks specified in the surface use agreements with the oil/gas companies will be followed. Attached are draft surface use agreements with the pertinent oil/gas companies. The final executed agreements are expected to be obtained in the near future and will be forwarded to the Division when they are available. A minimum 200 foot setback from any existing oil/gas facility will be maintained until that time. See the Mining Plan Map, and the Slope Stability Report for the mining limit configuration and information on setbacks and their locations. Products Sand and gravel will remain the primary product produced from the mining activities, and gold will remain the incidental product produced from the mining activities. The principal intended use for the sand and gravel will remain as construction aggregates. Subsurface drilling and testing has verified that the amendment area tract contains a significant commercial deposit of sand and gravel. The depth of the soil and overburden ranges from 0.5 to 6 feet. The depth of the aggregate material ranges from 0.5 to 31 feet. See Exhibit I, Soils Information, for detailed data on the nature, depth, and thickness of the soil strata present in the amendment area. Mininq Methods The methods for mining, earthwork, and processing that are approved in the current permit and technical revisions will continue to be employed throughout the mining activities. • Mine Phasing NCCI anticipates mining and reclaiming the site in approximately 12 to 15 years. Annual production is expected to be between 300,000 and 500,000 tons depending on market demands. This production rate translates to 9 to 15 months of time required to mine each phase. The active mining area will progress through the 13 phases as shown on the mining plan map. The crushing and screening processing area will remain in its current location until the later phases of mining. It will then be relocated to the pit floor through the completion of mining. The topsoil/overburden stockpiles, temporary dewatering pond, and process water pond will remain in their current locations throughout the mining activities. The topsoil/overburden stockpiles will remain in their current configuration that is parallel to the floodplain in order to limit their affects on it. As approved in Technical Revision #3, NCCI plans to maintain the 10 acre active mining area at the site with the total area of disturbance varying depending on the concurrent reclamation activities. • M-2001-107 NCCI Pd#1 DRMS 112 Permit Amendment 6 • SURFACE USE AGREEMENT This Surface Use Agreement ("Agreement") is dated and made effective this 1,, ' day of til;In*a, 2006, and is between Kerr-McGee Oil & Gas Onshore LP ("KMG") with an address of 1999 Broadway, Suite 3700, Denver, CO 80202, and ZADEL FAMILY, LLLP (collectively hereinafter referred to as "Surface Owner") all with an address of 4200 WCR 19, Fort Lupton, Colorado 80621 .,. _ a I Iii,� , to "rifle "' d —,rxiore par,tt ular y d cn.* ti P 1dbt ett%. , attach *" m ht s, ds a N^a �. - CT"- t'arpert I91019-. rro „, 1 B. Surface ownership of the Property is subject to the rights of the oil and gas mineral leasehold estate, a portion of which is now owned by KMG; C. Surface Owner plans to develop the surface"of the Property as a gravel mining operation known as NCCI Pit Number 1. D KMG currentl operates ,^� well(s) on - the Property, known a ,. , ,. ;. � ,�, (the "Existing Well(s)") generally located : ; . 4 of • Section k c described above, and has the right to develop its oil and gas leasehold estate by drilling additional wells (the "Future Well(s)") on the Property; and E. This Agreement sets forth the parties' rights and obligations regarding the relationship between the development of the-Property by Surface Owner and KMG's operation and development of its oil and gas leasehold estate underlying the Property, such rights and obligations to be bindingupon the parties' successors and assigns. In consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. AREAS RESERVED FOR THE EXISTING WELL AND FUTURE WELLS. Surface Owner shall set aside and provide to KMG that portion of the Property hereinafter referred to as the, "Oil and Gas Operations Areas", such area(s) being depicted on Exhibit 4::.qi.e attached hereto. The Oil and Gas Operations Areas are to be made available to KMG in their present condition for any operations conducted by KMG in connection with the Existing Weti or any Future Well, .,1L. rrg, hut not limited t6. 1n,':ng and production acr;';itie.`:. _.rk( r.s. ; ell A.'3be...,"-l'gs ,---co--. 1 ,ti: -,r> r,;:.';rt , r C'1i e. ' is r kef ft; -2,- ( .. ( 'it.'isal z ,13 -; c:aa. -a,d It -„...;es5 oa,:- an,. ease'!len '- -assi r rate . with ttc ; lint h-^t ' . 1 ' pH re . i 7 t the up,-i-y e, Kepi i=. Me Vet'. )t i; civi .,;enc .! or . ; re suna,:e jr.. der:a:.;, tc coor zi and • '1'-d, a ; . . i fC . -1ici• ,I. ; :zi . be ict,. ;.nit 3„7leiV responsible. for any .it alna�<'is that may occur. 2. WELL LOCATIONS. KMG shall have the right to drill Future Wells within the Oil and Gas Operations Areas, including horizontal and directional wells that produce from and drain lands other than the Property provided such lands are validly pooled with all or any portion of the lands included in KMG's oil and gas lease covering the Property, and so long as such locations are permitted locations under the then applicable well spacing regulations of the Colorado Oil and Gas Conservation Commission ("COGCC") or exceptions granted thereto by the Director of the COGCC. As part of the consideration for this Agreement, Surface Owner hereby waives its right to, and covenants that it shall not protest or object to any such exception location or application for same by KMG. KMG shall not otherwise have the right to drill new wells on the Property. Notwithstanding the foregoing, the wellhead location of any Future Well drilled from any Oil and Gas Operations Area shall not be closer than 150' from a residential lot line. 3. SETBACK REQUIREMENTS. Surface Owner will not locate any lot line, building, or structure within any Oil and Gas Operations Area. Surface Owner understands and acknowledges that the COGCC has rules and regulations that apply to the distance between a wellhead and'public roads, production facilities, building units and surface property lines, among other things_. In order to give full effect to the purposes of this Agreement, Surface Owner hereby waives its right to object to the location of any of KMG's facilities on the basis of setback requirements in the rules and regulations of the COGCC, as they may be amended from time to time. Surface Owner further and similarly • waives its right to object to any other state or local setback requirements or other requirements or regulations that are or become inconsistent with this Agreement or that would prohibit or interfere with the rights of KMG, its successors and assigns, to explore for and produce the oil and gas in accordance with this Agreement. KMG or its successors and assigns may cite the waiver in this paragraph in order to obtain a location exception or variance under COGCC rules or from any other state or local governmental body having jurisdiction. Surface Owner agrees not to object to the use of the surface in the Oil and Gas Operations Areas so long as such use is consistent with this Agreement and Surface Owner will provide KMG or its successors and assigns with whatever written support they may reasonably require to obtain permits from the COGCC or any local jurisdiction. 4. GATHERING LINES AND FLOWLINES. Subject to the limitations hereinafter described, KMG has a continuing right and entitlement to own, operate, maintain, repair and replace all Howl nes, gathering lines and other pipelines that may be necessary or convenient to its operations on the Property. Although this Agreement is intended to confine the placement of those pipelines to certain specified locations within the Property. nothing herein shall be construed as a limitation on KMMG's ultimate right to inat:e i lourof w ,i Th AI( 15 a7y itlS`-Z1 T "in e .ru t les/trp:hen. 'a i �_ �� _ .l ;� 1 .; i ' cr g ' '. .r `hy ''nr j`"{ 1-1,-:11 . P'relir,es " r r.-., t 'O''' ,, T".V- as :It e Petrol: uxr F'ihaisle Iaseo-ier,i.>, 't tt,.thc. of ilci �,att., tt.'. b? y cYdL. Q)"m! F,(le'1k4eF. l• ,rn,, i la IA .'s IS t. V: I it [4 .ii. }utiit 1 "pe trees l nay gist Deed u, &L' e *II ��;n, r t iot'. cd to -fie Pen.olehin P ipel,nc 1 asuntent All such relocations shall be at Surface Owner's cost and expense. 8 • At such time as Surface Owner desires to have any Existing Pipelines or Future Pipelines relocated to the Petroleum Pipeline Easement, it shall give written notice to KMG who shall promptly prepare, or commission the preparation of a cost estimate to accomplish the relocation. As soon as available, KMG will then provide the cost estimate to Surface Owner who will then have the opportunity to review same and make a final determination about whether it wishes to proceed with the relocation. If Surface Owner elects to have KMG effectuate the pipeline relocation, it shall tender the estimated costs of such to KMG together with its written request to commence the project as soon as reasonably practicable, or as otherwise requested by Surface Owner. If it has not already done so, Surface Owner shall also deliver to KMG an executed and acknowledged Pipeline Right of Way Grant on the form that is attached hereto as'4�be in order to convey the Petroleum Pipeline Easement lands as shown on Ei �"t ', The Petroleum Pipeline Easement shall be fifty feet (50') in width during construction, installation or relocation operations and otherwise reduced to thirty feet (30') in width for post-construction usage. All relocated and Future Pipelines shall be located within the Petroleum Pipeline Easement unless otherwise agreed upon between Surface Owner and KMG. KMG acknowledges that the Petroleum Pipeline Easement will benon-exclusive and agrees that it will not object to its concurrent use by other oil and gas operators or utilities, as Surface Owner may grant from time to Jime, so long as such other parties comply with ICVIG's pipeline guidelines, attached hereto as Eat °` Notwithstanding the foregoing, Surface Owner shall not permit, • nor shall it place any other utility or structure within ten feet horizontally or two feet vertically of any KMG pipeline. The Petroleum Pipeline Easement and Oil and Gas Operations Areas shall be depicted and labeled on all subdivision plats submitted to Weld County. If Surface Owner's development plans anticipate that roadways will or may in the future cross over Existing Pipelines. Surface Owner agrees to pay for the cost to have KMG sleeve any Existing Pipeline that is to be crossed by such roadways, such payment to be made in advance of the work and Surface Owner shall not permit any roadway crossing of any Existing Pipeline until the sleeving of the affected line has been completed. KMG shall not, without the prior written consent of Surface Owner, have the right to lay additional flowlines or pipelines on the Property, outside the Petroleum Pipeline Easement. All flowlines and pipelines shall be buried to a depth of approximately 48 inches from the surface. Surface Owner shall maintain a minimum of 48 inches and not more than 72 inches of cover over all pipelines and flowlines during any of Surface Owner's operations on the Property. The construction and burying of additional flowlines, gathering lines and pipelines shall be at the sole cost and expense of KMG or its gas purchaser. 5, NC 1 E . -Jo; ;.:;c iv ei act •if. td- K -. (.7 = Itti ;,n' _n :;:us auc .is t a O1 nd Crab Wi i ei et, h s )ae. rfl cJ.reD ) a . ir larrm nn II- al ' Ail' ,�t, .: �:� M t'U • U) au Lice so.. ‘4',e and cApense nS pa of :MI' ;:ace Owner development of the Property. All access roads constructed shall he of sufficient scope to allow KMG to conduct it 9 • oil and gas operations and shall be at least 30 feet in width and built to withstand a minimum of 104,000 pounds and 26,000 pounds per axle. KMG agrees to access the Property according to the routes depicted and described on the attached Elpt '-' once the streets are constructed by Surface Owner and Surface Owner provides KMG notice of such but KMG may continue to use its present access routes until that time and until receipt of such notice from Surface Owner. 6. BATTERIES AND EQUIPMENT. KMG shall have the right to locate, build, repair and maintain tanks, separators, dehydrators, compressors and other equipment reasonably appropriate for the operation and production of the Existing Well or any Future Wells only within the Oil and Gas Operations Areas. With respect to KMG's equipment and facilities other than flowlines or pipelines: a. KMG shall install and maintain, at its sole cost and expense, all fences around the Existing Well and any Future Wells in compliance with the Rules and Regulations of the COGCC; b. KMG shall install and maintain, at its sole cost and expense, all gates and locks reasonably necessary for the security of any wells or facilities in the Oil and Gas Operations Areas. Such gates and locks shall be the standard gates and locks used by KMG; c. KMG shall paint any production facilities for any wells, including wellhead guards, with paint that is approved by the C0GCC; and d. Surface Owner shall not inhibit KMG's access to the Oil and Gas Operations Areas or inhibit KMG's operations within the Oil and Gas Operations Areas by landscaping or other improvements, unless otherwise agreed upon between Surface Owner and KMG. 7. NOTICE OF FUTURE OPERATIONS. KMG shall provide at least seven (7) days prior written notice to Surface Owner of any operations in connection with the reworking, fracturing, deepening or recompletion operation on the Existing Well or any Future Wells; provided, however, that KMG shall provide at least thirty (30) days prior written notice to Surface Owner and/or any homeowner's association formed by Surface Owner that is associated with the Property upon the drilling of any Future Wells. Regardless of the foregoing notice requirements, KMG shall have immediate access to any of its facilities in the event of an emergency. .flc'r ref., of -'th, he n 'ice. ut 1 ifs.; tl... fi, . t> w(1skme -aye- nrn .• ,a r „. ,R —. rr ,.._. • 'si :. _._4 ;: `.-., t ' ;,i .. 'fa,. r.) ;t.. Mr expecte; ac fly ::-}d ca an c-,::eSs. ha qd5 !tan 'ade:,. reonra in pttt�: • tr ,..:i`i „ `Ul 'ii -n ;.';\; `. . iC.l 't§t...:- } /C r..,.'S71.,.::a.. 10 • 8. NOTICES TO HOMEOWNERS AND BUILDERS. Surface Owner shall furnish all buyers of the Property from Surface Owner with a plat or map showing the Oil and Gas Operations Areas and the Easement. In addition, Surface Owner shall provide notice to all builders, homeowners, homeowner associations and other buyers of the Property from Surface Owner that: a. There may be ongoing oil and gas operations and production in the Oil and Gas Operations Areas on the surface of the Property; b. There are likely to be additional Future Wells drilled and oil and gas operations and production from the Oil and Gas Operations Areas that affect the surface of the Property; c. Heavy equipment may be used by KMG from time to time for oil and gas production operations and that such operations nay be conducted on a'24'hour basis; d. Future purchasers of all or a portion of the Property, as successors in interest to Surface Owner, will be acquiring a proportionate interest in Surface Owner's rights under this Agreement and assuming those obligations undertaken by Surface Owner pursuant to this Agreement;and e. Homeowner associations and buyers of individual lots or homes, as successors in interest to Surface Owner, will be acquiring a proportionate interest in • Surface Owner's rights under this Agreement, and, will be subject to the waivers contained in Sections 3, 9, and the covenants contained in Section 3 prohibiting the location of any building or structure within the Oil and Gas Operations Areas or the Easement and waiving objection to any setback rules of the COGCC or any local jurisdiction. 9. DRILLING AND COMPLETION OPERATIONS. KMG shall endeavor to diligently pursue any drilling operations to minimize the total time period and to avoid rig relocations or startup during the course of drilling. Surface Owner waives any objections to continuous (i.e., 24-hour) drilling operations. 10. GOVERNMENTAL PROCEEDINGS. Surface Owner shall not oppose KMG in any agency or governmental proceedings, including but not limited to the COGCC, the City of " or other governing body proceedings, related to KMG's operations on the Property, including but not limited to drilling, workovers, well deepenings and recomptetions. provided that KMG's position in such proeeeiirtgc :s o si ;7t th .rus k rec'. em ; ('1t!Tri3O', Ortlls)ir ' ,"* _?}•rt.1'-F : VI) ' ... Irv' ha he 4. iL ..le 1L a cme—faG1_I:.;1 or ino;rect damages ti and other party tor activities undertaken within the scope of this agreement; 11 • b. Except as to claims arising out of pollution or environmental damage (which claims are governed by Section 12 below) or out of other provisions of this Agreement (which claims shall be governed by the terms of this Agreement), each party shall be and remain responsible for its own liability for all losses, claims, damages, demands, suits, causes of action, fines, penalties, expenses and liabilities, including without limitation attorneys' fees and other costs associated therewith(all of the aforesaid herein referred to collectively as "Claims"), arising out of or connected with each such party's ownership or operations on the Property, no matter when asserted, subject to applicable statutes of limitations. Each such party shall release, defend, indemnify and hold the other parties, their officers, directors, employees, successors and assigns, harmless against all such Claims. This provision does not; and shall not be construed to, create any rights in persons or entities not a party to this Agreement, nor does it create any separate rights in parties to this Agreement other than the right to be indemnified for Claims as provided herein; c. Upon the assignment or conveyance of a party's entire interest in the Property, that party shall be released from its indemnification in Sectionl1 b. above, for all actions or occurrences happening after such assignment or conveyance. 12. ENVIRONMENTAL INDEMNITY. The provisions of Section 11 above, except for Section II a, shall not apply to any environmental matters, which shall be governed exclusively by the following, subject to the • limitations of Section 11.a. above: a. "Environmental Claims" shall mean all Claims asserted by governmental bodies or other third parties for pollution or environmental damage of any kind; arising from operations on or ownership of the property or ownership of the oil and gas leasehold interest, whichever is applicable, and all cleanup and remediation costs, fines and penalties associated therewith, including but not limited to any Claims arising from Environmental Laws or relating to asbestos or to naturally occurring radioactive material. Environmental Claims shall not include the costs of any remediation undertaken voluntarily by any party, unless such remediation is performed under the imminent threat of a Claim by a governmental body or other third party; b. "Environmental Laws" shall mean any laws, regulations, rules, ordinances, or order of any governmental authority(ies), which relate to or otherwise impose liability,obligation, or standards with respect to pollution or the protection of the environment, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601 et seq.), the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§ 6901 et seq.). the Clean • < �- ;t �e s,i :ter kr 4f .'4 1. `lerai (if 1 ,n „ - ' 1 # e�aN t.. tic ir:;}c �ahcirk nt a.r (}> t C c* '50' , 6 ,t , E:1 ni 'rm:nta `ndsr:nr .,cYsan K N'' -,dilin nd • Jvc -tip, ',Ohs VO .Oh t7.ers assis ia'on :Aid any lit owner who purchases a lot from Surface Owner from any Environmental Claims relating to the Property or oil and 12 • gas leasehold thereunder that arise out of KMG's ownership and operation of the Oil and Gas Operations Areas and its ownership and operation of its pipeline easement or rights- of-way on the Property. Surface Owner shall fully protect, defend, indemnify and hold harmless KMG from any and all Environmental Claims relating to the Property that arise out of Surface Owner's development of the Property. 13. EXCLUSION FROM INDEMNITIES. The indemnities of the parties herein shall not cover or include,any amounts which the indemnified party is actually reimbursed by any third party. The indemnities in this Agreement shall not relieve any party from any obligations to third parties. 14. NOTICE OF CLAIM FOR INDEMNIFICATION. If a Claim is asserted against a party for which the other party would be liable under the provisions of Section 11 or 12 above, it is a condition precedent to the indemnifying party's obligations hereunder that the indemnified party give the indemnifying party written notice of such Claim setting forth all particulars of the Claim, as known by the indemnified party, including a copy of the Claim (if it is a written Claim). The indemnified party shall make a good faith effort to notify the indemnifying party within five days of receipt of a Claim and shall affect such notice in all events within such time as will allow the indemnifying party to defend against such Claim. • 15. REPRESENTATIONS. Each party represents that it has the full right and authority to enter into this Agreement. KMG does not represent that it has rights to settle matters for all of the mineral owners or any other lessees in the Property and this Agreement shall only apply to and bind the KMG leasehold interest in the property. 16. SUCCESSORS. The terms, covenants, and conditions hereof shall be binding upon and shall inure to the benefit of the parties and their respective heirs, devises, executors, administrators, successors and assigns; provided, as to KMG, successors and assigns shall be deemed to be limited to lessees under the oil and gas leases which KMG owns. 17. TERM. This Agreement shall become effective when it is fully executed and shall remain in full force and effect until KMG's leasehold estate expires or is terminated, and KMG has plugged and abandoned 311 we'k r-‘,;nca a' rt ''v VW- d it7^,1C '-:1e -'il 9C 2a: :Cr'CS er 11i _ n'ito (ii C:-.1•1 • 1 -Hp matt' n . p lc z , J. 1 L nisi '_g+ . vv- 3!li! re„ • 13 • 18. NOTICES. Any notice or other communication required or permitted under this Agreement shall be sufficient if deposited in U.S. Mail, postage prepaid, addressed to each of the following: If to KMG: Kerr McGee Oil & Gas Onshore LP 1999 Broadway, Suite 3700 Denver, Colorado 80202 Attention: Director of Land Denver Basin IfIttoSurfacefwz r Zde 'aiIIB 42'00C 19 Fort Lupton„tolo7ado 801521 .ttledtioriJB}`nt7tdelena of Qlart►reN • Any party may, by written notice so delivered to the other parties, change the address or individual to which delivery shall thereafter be made. 19. RECORDING. This Agreement, any amendment hereto shall be recorded by KMG, which shall provide the other parties with a copy showing the recording information as soon as practicable thereafter. 20. SURFACE DAMAGES. Surface Owner hereby waives all surface damage payments pursuant to any COGCC or local regulation, state statute, common law or prior agreement, for each and every well that is drilled, tank battery and emissions control device located on the Property within the Oil and Gas Operations Areas and:also including but not limited to any access road, flowline, or pipeline constructed within the Easement. KMG may provide a copy of this Agreement to the COGCC as evidence of this waiver. 21. ARBITRATION. th;:-eo. sh;'I h re , :vv, h, ,rn �:* , -'ft *Jai ❑ n, r !n ti* _nc , "bc tic tif�r.Sci. .9 7t1':_ iot ;..s Ck or '!L1c.r it< f0: ,Tte -la! Int ,._ a.".1 u m 1• g „tit 7r-sa, 3m "tn , , q�.. e ?,C:. -, dr. ' L' . ., -tUt}. -u1 01 Flts . • 14 • 22. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without reference to its conflict of laws provisions. 23. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding among the parties hereto regarding the matters addressed herein, and supersedes any previous communications, representations or agreement. whether oral or written. This Agreement shall not be amended, except by written document signed by all parties. 25. EXECUTION AND BINDING EFFECT This Agreement may be executed in any number of counterparts each of which shall be deemed an original instrument but all of which together shall constitute one and the same instrument, and shall be binding upon and inure to the benefit of the parties, and each of their respective heirs, executors, administrators, successors and assigns and is executed by the parties as of the Effective Date set forth above. The parties have executed this Agreement on the day and year first above written. • KERR-McGEE OIL & GAS ONSHORE LP By: Joseph H. Lorenzo Attomey-in-fact SURFACE OWNERS BY: JOHN W. ZADEL,MANAGING PARTNER • 15 ACKNOWLEDGMENTS STATE OF COLORADO ) CITY AND )ss. COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this_ t: ` ,'day of rirm , 2006, by Joseph H. Lorenzo, as Attorney-in-Fact of Kerr McGee Oil& Gas Onshore LP,on behalf of such corporation. Witness my hand and official seal. Notary Public My Commission Expires: • STATE OF COLORADO ) )ss. COUNTY OF ) The forwi_oing instrument was acknowledged before me this re * day of irAV:1 2006, „,. Witness my hand and'official seal_ Notary Public My Commission Expires • 16 • Exhibit "#'_:i " Attached hereto and made a part of that certain Agreement Surface Use Agreement between Zadel Family, LLLP and Kerr-McGee Oil &Gas Onshore LP, dated 1!--s g: ofd 2006 RIGHT-OF-WAY GRANT THIS RIGHT-OF-WAY GRANT ("Grant) is made this r l°' r day of ;; �W , 2006, from Zadel Family, LLP, whose address is, WCR 19, Fort Luptonk Colorado 80621 ("Grantor"), to Ken-McGee Sqltiti'afireittern a Colorado limited liability company, whose address is 1999 Broadway,_.Suite 3700, Denver, Colorado 80202("Grantee"). The parties agree as follows: For and in consideration of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, conveys and warrants unto Grantee, its successors and assigns, a perpetual right-of- way(s) and easement(s) to survey, construct, maintain, inspect, operate, repair, replace, modify, change the size of; reconstruct, mark, monitor, abandon or remove, at Grantee's election, pipelines and all appurtenances, below and/or above ground, including but not limited to launchers and receivers, convenient for the transportation or transmission of oil, gas, petroleum products, water, hydrocarbons and any other substances, whether fluid, solid or gaseous, and any • products, derivatives, combinations or mixtures of any of the foregoing, in, on, over, under, or through the lands situated in t County, State of Colorado, being described as follows: %t`STAliIP` ' iO tTl , I2s Ntel. Ee r,'' (?eeti(n. The specific route and course of the right-of-way(s) and easement(s) conveyed hereby ("Right-of-Way Lands") is more particularly described on Exhibit "A" attached hereto and made a part hereof The width of the Right-of-Way Lands during construction shall be fifty feet (50`), and subsequent to construction shall be thirty feet (30'). Grantors represent and warrant to Grantee that Grantors are the sole owner in fee simple of the Right-of-Way-Lands and have full right, power and authority to make this Grant. Grantee shall lay all pipe at a depth of not less than 48 inches. Grantee shall repair and/or restore any fence on or adjacent to the Right-of-Way Lands removed or severed by Grantee in the course of the operations provided for in this Grant. If necessary to prevent the escape of Grants s vest:Jo',b. G ant `e s} air Urs fU: ': te:apr rar`. :rates cc fen.ce`. 1st in. 1n' vt 'n )1- rn: stn, cc 1C brT 'e( (f he vi: 01 w --vc <r ,r CS n t1, a. el, lt, .,ti ;V le ' tp. l r V4 r r, a Y i "d 1 , r[.. �C c': ' .: i;, r ball t l !;_dc F1"al. t ate:c'eis..t !� C .;au, • create, or_iru,t r permiT to _.e hair created or constructed, any obstruction, building, fence, 17 • landscaping, reservoir, engineering works or other structures or improvements over, under, on or across the Right-of-Way Lands without prior written consent of Grantee. Grantee shall be obligated to pay for, repair, replace or otherwise compensate Grantors for any damages resulting from Grantee's activities and operations on the Right-of-Way Lands; and, Grantors shall pay for, reimburse, indemnify and hold Grantee harmless from any and all claims or damages resulting from Grantor's activities on the Right-of-Way Lands. Grantors shall have the right to use and enjoy the Right-of Way Lands, subject to the rights herein granted. This Grant cannot be modified, except in writing signed by all parties hereto. The rights granted herein may be assigned in whole or in part, and the terms, conditions, and provisions of this Grant are a covenant running with the land and shall extend to and be binding upon the successors, and assigns of Grantors and Grantee. Grantee agrees to level and restore any lands that may have excessive settling and sufficiently compact the soil within a reasonable period:of time after completion of construction. This Grant may be executed in counterparts each of which shall be considered one and the same agreement. IN WITNESS WHEREOF, the parties have executed this Grant as of the date first above written. • Grantors: Grantee: Ken-McGee y oafs r erIei1 .Gs Shoe a By: By: Joseph H. Lorenzo, Attorney-in-Fact • 18 STATE OF COLORADO ) • ) ss. COUNTY OF ) The fore oing instrument was acknowledged before me this day of , 2006,by Witness my hand and official Seal. My Commission Expires: Notary Public • ,..: STATE OF COLORADO.: CITY AND ).ssss. .. . COUNTY OF DENVER:= ) The foregoing instrument was:acknowledged haute me this at ci day o - ` :� '2006, h H. :Lorenzo, o f ,, by Josep Lor as Attorney-in-Fact Kerr-McG �"ar l.� =� 'r .. is i : ua �y M ge "Qf'. , Oa Ll� Co d un liabilit " bn behalf ,.. �-s _ .Xn?p.�y, of such company. Witness.:my hand and.official Sea? My Commission Expires: ':,tar:' Ail" • 19 • SURFACE USE AGREEMENT This Surface Use Agreement ("Agreement") is dated and made effective this day of , 2007, and is between K.P. Kauffman Company, Inc. ("KPK")with an address of 1675 Broadway, 28th Floor,Denver, CO 80202-4628,and Zadel Family,LLLP with an address of 4200 WCR 19,Fort Lupton,Colorado 80621. Whereas: A. Zadel Family, LLLP is the current landowner or is the current lessee under one or more sand, gravel and aggregate mining leases covering certain tracts of land located in Weld County, more particularly described on Exhibit"A" attached hereto, being a portion of Section 24,T2N, R67W 6th P.M., Weld County,Colorado(hereinafter referred to as the"Property"); B Surface ownership of the Property is subject to the rights of the oil and gas mineral leasehold estate,a portion of which is now owned by KPK; C. Zadel Family, LLLP has received a mining permit from the State of Colorado Division of Reclamation, Mining and Safety, formerly known as the Division of Minerals & Geology ("DMG") for the purpose of open pit sand and gravel mining operations, known as NCCI Pit Number 1. Portions of the mined out Property are to be reclaimed for use as water storage reservoirs. D. KPK currently operates the following wells on the property, (the"Well"or"Wells"):the 1415 Corp Unit C#1, located in the SW/4NE/4 of Section 24, T2N, R67W, the KPK Glenn Horton #1, located in the NE/4SE/4 of Section 24, T2N, R67W, and the KPK Glenn Horton #2, located in the SE/4SFJ4 of Section 24,T2N,R67W;and E. KPK shall continue to have the right to exercise its oil and gas leasehold tights to drill an additional well or a twinned well on each OGOA in accordance with COGCC rules. F. This Agreement sets forth the parties' rights and obligations regarding the relationship between the operations and development of the Property by Zadel Family, LLLP and KPK's operation and development of its oil and gas leasehold estate underlying the Property, such rights and obligations to be binding upon the parties' successors and assigns. Now Therefore: In consideration of the mutual covenants contained herein,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: 1. AREAS RESERVED FOR THE WELLS;WELL LOCATIONS. 1.I ,F;;;. : set Bch r'd n ire- ,t ft PK ,hat ,rrL:r: nT e l .:per., he -Toner terorregt th, "C' r aai ra i1pE tta Ai ti, such areas Seen¢ des k;tec+ on =xhth B rta� rcl . .;!:- e ':<i-1t t t2 ?ti dl In cL! 3RD .dvfi _ opt.ratin,8 ee' iuc :.l 3I1 c ' ne -:,n .r th 8_nv It 'I e ,lrc . a, h-r! net xm' - le( !,• k nr.5 rat' r Ohl r. c I tiitx.a ag,, set,c, a ,71e ._gin nl.t cr•ng rid -7111 Log repiaeet rent ,wel A:, \k/e;;! W ': be rite:r to the r' i arid la:. ')pe!atiot :. :lreas sh•...vr, ii Ev,ibd t , wt;ass this Agreement is amended by consent of NCC and KPK. Except for the Oil and Gas Operations 20 Areas, and the access roads and Petroleum Pipeline Easements (as defined below) as provided in this Agreement, KPK shall not occupy the surface of the Property except in the event of an emergency or for reasonable incidental, temporary and non-damaging activities, for which KPK shall be strictly and solely responsible for any damages that may occur to the Property. 2. EXTRACTION IN VICINITY OF OIL AND GAS OPERATIONS AREAS; SETBACK REQUIREMENTS. NCC reserves the right,at its option, to mine the gravel within each of the Oil and Gas Operations Areas in accordance with the terms of this Agreement. In the event that NCC elects to mine the gravel in an Oil and Gas Operations Area, Zadel Family, LLLP shall notify KPK in writing 60 days prior to commencing mining operations within the Oil and Gas Operations Areas and shall first place temporary concrete barriers around the Wells as directed by KPK prior to commencing any mining operations on the Property. Zadel Family, LLLP shall conduct its mining operations in the Oil and Gas Operations Areas as quickly as reasonably practicable. Zadel Family, LLLP shall conduct its mining within the Oil and Gas Operations Area by excavating pie shaped wedges of gravel and aggregate and thereafter backfilling and compacting the area with overburden or other suitable material prior to excavating the next pie shaped area; provided, however, that in no event shall Zadel Family, LLLP mine within 90 feet of any Well or Production Facilities (defined below) and provided further that in no event shall more than one quarter circle segment of the pie shape be excavated at any one time. Excavation in the Oil and Gas Operations Areas will be coordinated with KPK in a mutually acceptable manner so as to avoid conflict with KPK's oil and gas operations and to ensure there is an appropriate safety plan and interim emergency procedures. Zadel Family, LLLP will bear all costs associated with the mining operation, including permanent or temporary rerouting and replacement of access roads, and flowlines and utility lines in order to prevent unnecessary interruption of production from any affected Well. In addition, Zadel Family, LLLP and its successor and assigns shall indemnify and hold the KPK harmless from any and all damage, loss and liability, including attorney's fees, incurred by KPK as a result of NCC operations in an Oil and Gas Operations Area. Zadel Family, LLLP will not locate any lot line, building, or structure within any Oil and Gas Operations Area. Zadel Family, LLLP understands and acknowledges that the COGCC has rules and regulations that apply to the distance between a wellhead and public roads, Production Facilities, building units and surface property lines, among other things. In order to give full effect to the purposes of this Agreement, Zadel Family, LLLP hereby waives its right to object to the location of any of KPK's facilities on the basis of setback requirements in the rules and regulations of the COGCC, as they may he amended from time to time. NCC further and similarly waives its right to object to any other state or local setback requirements or other requirements or regulations that are or become inconsistent with this Agreement or that would prohibit or interfere with the rights of KPK, its successors and assigns, to explore for and produce the oil and gas in accordance with this Agreement. KPK or its successors and assigns may cite the waiver in this paragraph in order to obtain a location exception or variance under COGCC rules or from any other state or local governmental body having jurisdiction; provided that Zadel Family, LLLP shall not be required to alter the agreed boundary of the Oil and Gas Operations Area to accommodate the location exception or variance. Zadel Family, LLLP agrees not to object to the use of .he surface in the Oft and Cies O erau.ns 'areas so tor_as such use, is ,nnssien* wi th's Agree ner` in' i :iS „L., ., .A. u;o ai Gs: u, . uc: ea' i) 1 i ,.l 3 r ..piaiy'i, L1'-t.t• #'° ;r } 20`'0L, ,E • .u` ect - tic 1:Aiitat:ons her m i er Jescribecl, KPK has a continuing right and entitlement to own, operate, maintain, repair and replace all existing and future flowlines, gathering lines and other 21 I • pipelines that may be necessary or convenient to its operations on the Property ("Pipelines"). The construction and burying of additional Pipelines shall be at the sole cost and expense of KPK or its gas purchaser. Although this Agreement is intended to confine the placement of the Pipelines to certain specified locations within the Property, nothing herein shall be construed as a limitation on KPK's ultimate right to make all necessary well connections to any Well. Specific locations have been designated on Exhibit B for the location of the Pipelines ("Petroleum Pipeline Easements"). Each Petroleum Pipeline Easement shall be fifty feet (50') in width during construction, installation or relocation operations and otherwise reduced to thirty feet(30') in width for post-construction usage. Each Petroleum Pipeline Easement may be expanded to accommodate new pipeline, but in no event will the Easement exceed sixty feet (60'), with ten feet (10')separating each pipeline. Zadel Family, LLLP's operating plans anticipate that roadways may cross over Existing and Future Pipelines. "Existing Pipelines" shall mean any Pipeline now existing or hereafter constructed within a Petroleum Pipeline Easement prior to Zadel Family, LLLP's construction of a road for its operations or Zadel Family, LLLP's extraction of sand and gravel and backfilling of the Petroleum Pipeline Easement. In particular, when crossing KPK Existing Pipelines with heavy equipment, like earth moving equipment, Zadel Family, LLLP will maintain a minimum of four feet and a maximum of six feet of dirt coverage in addition to the existing cover over the Pipeline. When crossing KPK Existing Pipelines with trucks and lighter equipment, NCC will maintain a minimum of two feet and a maximum of six feet of dirt coverage in addition to the existing cover over the Pipeline. KPK may install and maintain markers on its Petroleum Pipeline Easement. KPK shall mark its flowlines at all locations reasonably requested by Zadel Family, LLLP. • Zadel Family, LLLP will not allow any extraction to occur, commencing at the surface of the original ground, closer than 25 feet from any Existing Pipeline of KPK as shown on Exhibit B unless a soils stability report prepared by an engineer licensed in the state of Colorado indicates that a lesser set back will be adequate for preservation of the integrity of said pipeline and provided that upon completion of such extraction Zadel Family, LLLP shall back fill and level the area within 25 feet from any Existing Pipeline or within any Petroleum Pipeline Easement designated on Exhibit B. Notwithstanding anything herein to the contrary, in no event shall Zadel Family, LLLP allow any extraction to occur, commencing at the surface of the original ground, closer than 15 feet from any Existing Pipeline without KPK's prior written approval. Zadel Family,LLLP shall hold KPK harmless for any and all damages caused by Zadel Family, LLLP's actions under this paragraph. Zadel Family, L1,LP shall not allow any stockpile of soil to be placed over any Existing Pipeline of KPK or in any Petroleum Pipeline Easement as shown on Exhibit B. After written notice of at least fifteen (15) days, Zadel Family, LLLP, shall have the right to cross any Pipeline Easement with roadways and other utilities, provided such crossing of any utilities is made with its acute angle being not less than 60° with respect to KPK's Pipelines, but in no event shall such utility cross above or run parallel above KPK's Lines, except as noted. KPK requires all subsurface u rtft . e in, It ha !° k c, t pe r r �Ft ! .. -.e er k K I ehr , sn, ?r' e ( :act ci 'in 1 .r i„ s .`'.pPl '', ; '- e qr ft > k ir, ;A o fib. . _ h )c s. raf n UE flis ,7Ct JI e Ira *h n .." •I ,c, tits '4k t '.,ef Ana of s <( 4 it; 'qur. S tt 31l di :> i -f ?t' , t _e• d' G „ ,_ t e 1 c die,an t n fff _, asi. len • .les gnafe m r;;hft B hereto. 22 3 - . Construction of any permanent structure within ICPK's Petroleum Pipeline Easement is not permitted. Planting of trees and shrubs is not permitted on KPK's Petroleum Pipeline Easement. 4. ACCESS. Zadel Family, LLLP shall provide KPK with continuous access to all of the Oil and Gas Operations Areas and the Petroleum Pipeline Easements. The access roads to be used by KPK will either be those roads that currently are in place or those that are anticipated to be constructed by NCC at its sole cost and expense as part of Zadel Family, LLLP's operations on the Property. If Zadel Family, LLLP relocates an existing road being used by KPK for access to any Oil and Gas Operations Area, such relocated road shall be built to at least the quality of the road it replaces. The easements for KPK's access roads for its Oil and Gas Operations Areas are shown on Exhibit B hereto and Zadel Family, LLLP hereby grants KPK the non-exclusive right to the use of such easements for so long as KPK or its successors or assigns has rights in and to the oil and gas estate in the Property. KPK agrees to access the Property according to the routes depicted and described on the attached Exhibit B. Access to the Oil and Gas Operations Areas may be changed by mutual agreement of Zadel Family, LLLP and KPK. Zadel Family, LLLP shall maintain and keep any access jointly used by Zadel Family, LLLP and KPK in a condition and state of repair that serves the needs of Zadel Family, LLLP or, in the case of relocated existing roads, to at least the standard such road was maintained prior to its relocation. In the event such joint access roads needs to be improved in order to serve the needs of KPK, the parties agree • to coordinate any such improvements as may be required by KPK in order to conduct its operations, provided that the cost and expense of any such improvements shall be shared equally by both parties. Neither KPIC, nor Zadel Family, LLLP shall unreasonably interfere with the use by the other party of access roads. Zadel Family, LLLP agrees that it will not mine or extract any portion of areas designated as access roads set forth on Exhibit B or as mutually agreed to by the Parties without the written consent of KPK. 5. BATTERIES AND EQUIPMENT. KPK shall have the right to locate, build, repair and maintain tanks, separators, dehydrators. compressors and other equipment ("Production Facilities") reasonably appropriate for he operation and production of the Wells at the locations depicted on Exhibit B. With respect to KPK's Production Facilities other than flowlines or pipelines: A. KPK shall install and maintain, at its sole cost and expense, all fences around the Wells and any other Production Facilities in compliance with the Rules and Regulations of the COGCC; 2.PIC h a .�. ,-A d „,drodi, -. itz. a iv JO:. am) exprase all ales and loos' rrk 301 -111", f- +6 C. i r : el I k ai t .3 ac {[_ s _.7 K k I� ,itgr ,ti ' .,n �... f C . ° ?" ';t ' _ , :. �.. .:.0 c�i ciJ tl 11, i,k L` .' 4R Ju ti l C:rO_ an . 23 -4 - • D. Zadel Family, LLLP shall not inhibit KPK's access to the Oil and Gas Operations Areas or inhibit ICPK's operations within the Oil and Gas Operations Areas or in the vicinity of the Production Facilities by landscaping or other improvements, unless otherwise agreed upon between Zadel Family, LLLP and KPK. Zadel Family, LLLP shall place temporary concrete barriers around all Production Facilities as directed by KPK before any mining operations commence within an Oil and Gas Operations Area for the Production Facilities. In no event shall Zadel Family, LLLP mine within 90 feet of any Production Facilities or stockpile mined materials within a radius of 50 feet of any Production Facilities. 6. NOTICE OF FUTURE OPERATIONS. KPK shall provide at least seven(7) days prior notice to Zadel Family, LLLP of any operations in connection with the reworking, fracturing, deepening or recompletion operation on a Well or Wells. Regardless of the foregoing notice requirements, KPK shall have immediate access to any of its facilities in the event of an emergency. After receipt of the above notice, but not less than five (5) working days prior to KPK's mobilization on the applicable Oil and Gas Operations Areas, either KPK or Zadel Family, LLLP may request an on-site meeting. The purpose of the meeting shall be to inform Zadel Family, LLLP of the expected activity and to coordinate site access, hazards, barricades, restoration or any other issues that affect the use and safety of Zadel Family, LLLP operations. 7. COMPLIANCE WITH SAFETY REGULATIONS. • KPK understands that Zadel Family, LLLP surface mining operations on the Property are subject to certain OSHA and MSHA regulations. KPK agrees that while conducting operations on Property, it will comply with such OSHA and MSHA requirements which NCC notifies KPK are applicable to KPK's operations on the Property. KPK also agrees to inform its contractors and subcontractors about such requirement. 8. DRILLING AND COMPLETION OPERATIONS. KPK shall endeavor to diligently pursue any drilling operations to minimize the total time period and to avoid rig relocations or startup during the course of drilling. Zadel Family, LLLP waives any objections to continuous (i.e., 24-hour)drilling operations. 9. SHUT-IN OF WELLS. The parties recognize that the Pipelines now installed by KPK are made of fiberglass and/or metal and the running of Zadel Family, LLLP's earth moving equipment over said Pipelines tends to crack them, which can cause an oil and gas spill and environmental damage. KPK represents that in its opinion it is not safe to continue to use such Pipelines after heavy earth moving equipment is in use and there is no appropriate dirt coverage in place. If Zadel Family, LLLP begins to use heavy equipment on the prcipert it Sitall ';n.: 7 !;tf Pc:f 4'i and m.;'<iut. �I =�x r;� l ",'4 :- rt (-.r .r adda.io c,t e e. ti cc r i x Y i - d fig Fa„ 1), . L I .-'s rer:'.onlip' rni e^- sic' •� -1e.: „l. ... ; v I! •••It , s v. ,ar eqi It .9 ; , P., eir•dsl • it, C ?� `�� ail.,i fa-. Olin in . r m•—e et its •F eth,lactNifis 7he KPK shaft aol unreasonably refuse to shut in its wells. 24 - 5 • a. Notification. Zadel Family, LLLP agrees to notify KPK at least twenty(20) days before Zadel Family, LLLP begins any activities on the property which will utilize any heavy equipment or other equipment likely to damage KPK's Pipeline(s)that arc not covered appropriately. b. Payment. During the period of any shut in, Zadel Family, LLLP shall pay KPK for each shut in the following amounts: Shut In Duration Fee per Well per Day 5 days or less None 6-29 days $150 30 days or more $200 Zadel Family, LLLP shall also pay KPK any costs to rework the well(s) in order to place the well(s) in production status after the shut in and costs to replace pipeline(s) and flowline(s) that are damaged by the surface construction activities of Zadel Family,LLLP. 10. GOVERNMENTAL PROCEEDINGS. Zadel Family, LLLP shall not oppose KPK in any agency or governmental proceedings, including but not limited to the COGCC, Weld County, or other governing body proceedings, related to KPK's operations on the Property, including but not limited to drilling, workovers, well deepenings and recompletions, provided that KPK's position in such proceedings is consistent with this Agreement and provided further the proposed operations are in accordance with applicable laws, COGCC regulations and • lawful local ordinances, resolutions or permit conditions. 11. MINING PLAN. Zadel Family, LLLP has provided herewith copies to KPK of its Mining Permit, and the engineering structural report prepared in connection with the Mining Permit (the "Plans"). KPK acknowledges receipt of said Plans and has no objections to said Plans as approved by the DMG. This acceptance by KPK in no way waives KPK's rights in this Agreement or obligations of NCC under the terms of this Agreement. Zadel Family, LLLP acknowledges that KPK may conduct oil and gas activities within the applicable Oil and Gas Operations Areas as provided herein and shall not oppose KPK before any agency or governmental proceeding if such oil and gas activities are proposed and carried out in accordance with the terms of this Agreement and applicable laws, COGCC regulations and lawful local ordinances, resolutions or permit conditions. 12. LIMITATION OF LIABILITY,RELEASE AND INDEMNITY. A. No party shall be liable for, or be required to pay for, special, punitive, exemplary, incidental, consequential or indirect damages to any other party for activities undertaken within the scope of this agreement; .j :•_xc..-,� �.c a .,,,;or_ oil rr . .v?r.-: m :'tat ::ai sae .yr , e.-.unr arc z(=- Tl1, b. h_e rn f?f !s rre :-nei iy °rai ti , .1r_na, res, Ne `or '7 hno liarIt! • .,n m, , i, ..g5 ;n, 'r` er srx.'=ic he ewe (a! of lie fora,sid herein referred to collectively as "Claims"), arising out of or connected with each such party's ownership 25 f _ . or operations on the Property, no matter when asserted, subject to applicable statutes of limitations. Each such party shall release, defend, indemnify and hold the other parties, their officers, directors, employees, successors and assigns, harmless against all such Claims. This provision does not, and shall not be construed to, create any rights in persons or entities not a party to this Agreement, nor does it create any separate rights in parties to this Agreement other than the right to be indemnified for Claims as provided herein; C. Upon the assignment or conveyance of a party's entire interest in the Property, that party shall be released from its indemnification in Sectionl2.b. above, for all actions or occurrences happening after such assignment or conveyance. 13. ENVIRONMENTAL INDEMNITY. The provisions of Section 12 above, except for Section 12.A. shall not apply to any environmental matters, which shall be governed exclusively by the following, subject to the limitations of Section 12.A. above: A. "Environmental Claims"shall mean all Claims asserted by governmental bodies or other third parties for pollution or environmental damage of any kind, arising from operations on or ownership of the Property or ownership of the oil and gas leasehold interest, whichever is applicable, and all cleanup and remediation costs, fines and penalties associated therewith, including but not limited to any Claims arising from Environmental Laws or relating to asbestos or to naturally occurring radioactive material. Environmental Claims shall not include the costs of any remediation undertaken voluntarily by any party, • unless such rcmediation is performed under the imminent threat of a Claim by a governmental body or other third party; B. "Environmental Laws" shall mean any laws, regulations, rules, ordinances, or order of any governmental authority(ies), which relate to or otherwise impose liability, obligation, or standards with respect to pollution or the protection of the environment, including but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601 et seq.), the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§ 6901 et seq.), the Clean Water Act (33 U.S.C. §§ 466 et seq.), the Safe Drinking Water Act (14 U.S.C. §§ 1401-1450), the Hazardous Material Transportation Act (49 U.S.C. §§ 1801 et seq.), the Clean Air Act, and the Toxic Substances Control Act (15 U.S.C. §§ 2601-2629); and C. Environmental Indemnification. KPK shall protect, indemnify, and hold harmless NCC, its successors and assigns, from any Environmental Claims relating to the Property or oil and gas leasehold thereunder that arise out of KPK's ownership and operation of the Oil and Gas Operations Areas and it's ownership and operation of its Petroleum Pipeline Easements or rights-of-way on the Property unless such Environmental Claims are the result of Zadel Family, LLLP's conduct. Zadel Family, LLLP shall fully protect, defend, indemnify and hold harmless KPK from any and all Environmental Claims against KPK, its successors and assigns, relating to the Property that arise out of Zadel Family, LLLP's operations en the Property. 1- F , rI ''Ct;)� r'}7t,'w,t NN•;NINTi FS. ''n a .z,. . ii , zu 1 _ t rd ar F e . .er tfi. - it cln ..e a:,3% -are tot:, ar,y or, ga :ona o tr< uat _es. 26 . 15.. NOTICE OF CLAIM FOR INDEMNIFICATION. If a Claim is asserted against a party for which the other party would be liable under the provisions of Section 12 or 13 above, it is a condition precedent to the indemnifying party's obligations hereunder that the indemnified party give the indemnifying party written notice of such Claim setting forth all particulars of the Claim, as known by the indemnified party, including a copy of the Claim (if it is a written Claim). The indemnified party shall make a good faith effort to notify the indemnifying party within five days of receipt of a Claim and shall effect such notice in all events within such time as will allow the indemnifying party to defend against such Claim. An indemnifying party shall not be obligated to reimburse an indemnified party for amounts paid in settlement of an indemnified claim unless the indemnifying party has agreed to the settlement, which agreement shall not be unreasonably withheld or delayed. 16. REPRESENTATIONS. Each party represents that it has the full right and authority to enter into this Agreement. KPK does not represent that it has rights to settle matters for all of the mineral owners or any other lessees in the Property and this Agreement shall only apply to and bind the KPK leasehold interest in the property. 17. SUCCESSORS. The terms, covenants, and conditions hereof shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns; provided, as to KPK, successors and assigns • shall be deemed to be limited to lessees under the oil and gas leases which KPK owns. 18. TERM. This Agreement shall become effective when it is fully executed and shall remain in full force and effect until the earlier to occur of the following: (a)KPK's leasehold estate expires or is terminated, and KPK has plugged and abandoned all wells and complied with the requirements of all applicable oil and gas leases pertaining to removal of equipment, reclamation, cleanup and all other applicable provisions of the leases and existing laws and regulations or (b) Zadel Family, LLLP's sand, gravel and aggregate mining lease expires or is terminated(as to the portion of the Property leased by Zadel Family, LLLP)and Zadel Family, LLLP has complied with the requirements of it mining lease and Mining Permit pertaining to removal of equipment, reclamation, cleanup and all other applicable provisions of the lease, Mining Permit and existing laws and regulations. When this Agreement ceases to be in full force and effect, the Parties shall execute any and all releases necessary to evidence the fact that this Agreement shall no longer apply to the Property, except as to any indemnities set forth herein, which indemnities shall survive termination. 19. AMENDMENTS. This agreement maybe amended by an instrument in writing signed by the parties hereto. i7? I9:. • rt.f. k thr.-a C um; , lre [.auci i arfdly, ,LL. -. 1675 Broadway, 2S"' Floor 4200`NCR 19 27 • Denver, Colorado 80202-4628 Fort Lupton, Colorado 80621 Attention: Land Department Attention: John W. Zadel Any party may, by written notice so delivered to the other parties, change the address or individual to which delivery shall thereafter be made. 21. RECORDING. This Agreement, any amendment hereto shall be recorded by either party, which shall provide the other party with a copy showing the recording information as soon as practicable thereafter. 22. SURFACE DAMAGES. Zadel Family, LLLP hereby waives all surface damage payments pursuant to any COGCC or local regulation, state statute, common law or prior agreement, for each and every well that is drilled within the Oil and Gas Operations Areas and for any access road, flowline, or pipelines constructed on the Property. KPK may provide a copy of this Agreement to the COGCC as evidence of this waiver. 23. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of • Colorado, without reference to its conflict of laws provisions. 24. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding among the parties hereto regarding the matters addressed herein, and supersedes any previous communications, representations or agreement, whether oral or written. This Agreement shall not be amended,except by written document signed by all parties. EXECUTION AND BINDING EFFECT. This Agreement may be executed in any number of counterparts each of which shall be deemed an original instrument but all of which together shall constitute one and the same instrument, and shall he binding upon and inure to the benefit of the parties, and each of their respective successors and assigns and is executed by the parties as of the Effective Date set forth above. The parties have executed this Agreement on the day and year first above written. ZADEL FAMILY,LLLP K.P.KAUFFMAN COMPANY,INC. fll f d ,rd ,-t I_ A ett, +r. • 26 9 - • ACKNOWLEDGMENTS STATE OF COLORADO ) COUNTY OF DENVER ) The foregoing instrument of writing was acknowledged before me on this day of ,2007 by ,for and on behalf of the K.P.Kauffman Company, Inc.,a California corporation,for the uses and purposes stated herein. Witness my hand and seal: Notary Public • Print Name: My Commission Expires: Address: STATE OF COLORADO ) COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this day of ,2007,by ,as forZadel Family,LLLP on behalf of such company. Witness my hand and official seal. Notary Public Print Name: My Commission Expires: Address: • 29 1" • RELEASE OF EASEMENT RIGHTS AGREEMENT AND FIRST AMENDMENT TO SURFACE USE AGREEMENT THIS RELEASE EASEMENT RIGHTS AGREEMENT ("Agreement") is made and entered into this day of . 2007, by and between K. P. KAUFFMAN COMPANY, INC., ("KPK") a California corporation, with an address of 1675 Broadway, Suite 2800, Denver, Colorado 80202 and ZADEL FAMILY, LLLP., ("Surface Owner"), with an address of 4200 WCR 19, Fort Lupton, Colorado 80621. KPK and Surface Owner are collectively referred to as the Parties. RECITALS A. KPK owns the entire working interest in and to those certain oil and gas leases described in Exhibit A attached hereto and made a part hereof(Leases). KPK's interests in the Leases are limited to all depths and formations from the surface of the Earth to the base of the Shannon or Sussex formation, whichever is lower. B. KPK owns certain oil and gas wells drilled on 40 acre spacing locations on the Leases, namely, the KPK Glen Horton #2 Well, located in the SE/4SE/4 of Section 24, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado. The KPK Glen Horton #2 Well will hereinafter be called the "Well." The 40 acre location of the Well will hereinafter be called "Glen Horton#2 Location".111 C. As the assignee of the owner of the severed mineral rights, KPK has the rights of ingress, egress, exploration, and surface usage as are reasonable necessary to the successful exploration of the oil and gas on the Glen Horton#2 Location(Easement Rights). D. KPK owns certain Bowlines, consolidation lines, pipelines and related equipment located on the Glen Horton #2 Location (Lines). E. KPK also owns an easement covering KPK's subsurface lines on the Glen Horton #2 Location (Easement), which is attached to and made a part of a Surface Use Agreement made and entered into on , 2007 by and between the Parties and recorded , 2007, at Reception No , in the land records of the Weld County Clerk and Recorder(2007 SUA). F. Surface Owner desires to mine the Glen Horton #2 Location and has requested that KPK plug and abandon the Well on the Glen Horton #2 Location for the convenience of Surface Owner's mining operations. Surface Owner has determined that its mining operations on the Glen Horton#2 Location will be enhanced without the presence of the Well and Lines. . ,v, •rrft. tt."i a 'es pli..:_ an _biz •„•.'�r �.i, t • 30 Page 1 of • NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and in consideration of the terms and conditions of this Agreement, the Parties agree as follows: 1. Agreement to Plug and Abandon the Well, Release the Easement Rights, Flush and Cleanse the Lines, and Partially Release the Easement. Upon execution of this Agreement by all Parties and upon timely receipt of the payment required by paragraph 2 of this Agreement, KPK hereby agrees to plug and abandon the Well in accordance with paragraph 3 below; to release to Surface Owner all of KPK's rights, title and interest to its Easement Rights on the Glen Horton #2 Location in accordance with paragraph 4 below; to abandon the Lines in accordance with paragraph 5 below; and to partially release the Easement in accordance with paragraph 6 below. 2. Consideration. In consideration for KPK's agreement to plug and abandon the Well, to release to Surface Owner its Easement Rights, and to flush and cleanse the Lines in accordance with the terms and conditions of this Agreement, Surface Owner agrees pay KPK a sum of two hundred and fifty thousand (USA) dollars ($250,000.00), payable to KPK at KPK's offices, the address of which is set forth above, on or before the date of execution. Payment shall be made by cashier check or certified funds. Failure of the Surface Owner to make timely payment shall render this Agreement null and void, the 2007 SUA will remain in full force and effect as to all its provisions, and KPK shall have no obligation under this Agreement to Surface Owner. 3. Plugging and Abandonment of the Well. On or within 15 days after Surface Owner has • fulfilled its obligations under paragraph 2 above, KPK shall apply to the Colorado Oil and Gas Conservation Commission(COGCC) to plug and abandon the Well. The time and manner for the performance by KPK to plug and abandon the Well shall be in accordance with this paragraph. a. Once the COGCC permit is issued to plug and abandon the Well, weather permitting, KPK shall within 90 days, plug and abandon the Well in accordance with rules and regulations of the COGCC, except as provided herein. b. This Agreement is being entered into in accordance with the requests of Surface Owner and for the convenience of Surface Owner to facilitate its plans for the development of the surface of the Property. Accordingly, and except as provided herein, Surface Owner, for itself and its successors and assigns, hereby waives the provisions of the Leases, if any, relating to the reclamation of locations of the Well and the related production facilities. Specifically, KPK will not be required to close, rip, grade, other than to level the location of the Well if necessary, or to re-contour the location of the Well, access roads and the production facility for the Well as required by COGCC regulations absent a waiver or to remove culverts, alleviate compaction, or re-seed or re-vegetate any such areas. Notwithstanding the foregoing and only to the extent required by applicable COGCC regulations. KPK_ wi?l 1 its ..net and expense.. o':e.an up aid '1 r "'no „ s !s ,:,mt 7r:".-er .`7v 'CPI s r'.Pr:2•ter fit? ` . ,il in .rd,•r u wr pj ;;;}1 " ',� � : L t,o�.: ' .; nt .' .•51.5 ItC"l o • ffi1'7nE • •� ( i f I( . R a ) dt -1_i1 L.i< 1._st3 �r� pre, ided licwe , Surface Owner 31 .'age 2 • agrees to pay any unusual costs caused by Surface Owner's actions and incurred by KPK in plugging and abandoning the Well that were not reasonably anticipated by the Parties to this Agreement and are not herein accounted for. d. Upon KPK's completion of its plugging and abandonment operations, KPK shall assume no further risk of damage to the Well and/or Location. The parties further agree to the indemnification provisions of paragraph 10. e. KPK will notify Surface Owner in writing at such time as the Well has been plugged and abandoned, which notice shall be accompanied by a copy of COGCC Form 6, Well Abandonment, as evidence that the Well has been plugged and abandoned 4. Release of Easement Rights by KPK. Upon the timely payment of the full consideration, as set forth in paragraph 2 above, and KPK's completion of its plugging and abandonment operations, KPK shall deliver to Surface Owner an executed Release of Easement Rights covering the Glen Horton #2 Location. Said Release of Easement Rights shall be in the form attached hereto as Exhibit "B". 5. Abandonment of Lines. As soon as reasonably practicable after the fulfillment of Surface Owner's obligations under paragraph 2 above, and after KPK has plugged and abandoned the Well, KPK shall flush and cleanse any Line or Lines that are connected to the Well that is being plugged and abandoned under this Agreement unless said Line or Lines are also attached to a • Well or Wells not subject to this Agreement. In such case, KPK will flush and cleanse only that portion of the Line or Lines no longer in use and shall cap that portion of the Line or Lines not in use. KPK obligations under this paragraph shall be undertaken in accordance with rules and regulations of the COGCC. 6. Amendment of the 2007 SUA. The 2007 SUA is hereby amended with respect to the KPK Glenn Horton #2 Well, which is incorporated into the Oil and Gas Operations Area (OGOA) subject to the 2007 SUA. In amending paragraph 1 of the 2007 SUA, "Areas Reserved for the Wells; Well Locations", the KPK Glenn Horton#2 Well and its location will no longer be subject to the terms of the 2007 SUA. The 2007 SUA will remain in full force and effect with respect to the remaining wells subject to its terms. The 2007 SUA is also hereby amended with respect to the"Petroleum Pipeline Easements" as designated on Exhibit B of the 2007 SUA. The Easement shall he released with the exception of Lines not subject to this agreement, as described in paragraph 7 below. 7. Surface Owner's Obligations as to Wells and Lines Not Subject to this Air eement. a. KPK reserves the right to continue to operate and produce the Well until such time is tile jug In 8(; a- in 'i3fis fit' :L r5 SLN J "y {. .v it{, ._•.If 'rL' is t in (2 b., rF it ,r <u N 'ti A '1rS n( a nbanu 11 ect .aiu, + gr.,un h: 7t, .! .e .l property io ;vhicn Kr'is has already recetved an • easement rights agreement, then Surface Owner agrees to undertake no action that would require KPK to shut in said line, including but not limited to cutting said line, removing overburden from said line, digging closer than 15 feet to said line, running heavy equipment across said line, or building any ignition source within 75 feet of said line. KPK agrees that at Surface Owner's request, it will relocate such line provided Surface Owner provides a suitable location for such line and pays in advance for its relocation. c. In the event that KPK's ingress or egress to a well or wells (Lease Road) shall be across a property described in an already delivered easement rights agreement, then Surface Owner agrees that it will not in any way interfere with KPK's use of such Lease Road. KPK agrees that at Surface Owner's request, it will relocate such Lease Road, provided Surface Owner provides a suitable location for such Lease Road and pays for the Lease Road's relocation. 8. Production Proceeds and Salvage Value. Subject to the payment of all applicable royalties, overriding royalties and taxes, KPK will retain all production and the proceeds from the Well for its benefit until the Well is plugged and abandoned and KPK will also retain for its account all Equipment and all salvageable surface equipment and downhole equipment including, but not limited to, rods, tubing, casing, and downhole pumps in or used in connection with the Well. • 9. Zoning Rights of Surface Owner. It is expected that Surface Owner may use this Agreement for the purposes of obtaining a fmal plat on the Property, provided however, Surface Owner shall not use this Agreement to obtain final plat on any part of the Glen Horton #2 Location until Surface Owner has fulfilled it obligation under paragraph 2 above. Surface Owner agrees that any fmal plat that it obtains shall show a warning of the existence of this Agreement. Additionally, notice of the Release of Easement Rights shall be placed of record in the books and records of County Clerk and Recorder, Weld County, Colorado. 10. KPK Indemnity. KPK hereby agrees to indemnify Surface Owner, its officers, members, managers, employees, agents and successors and assigns, from and against any and all liabilities, claims, causes of action, expenses, including reasonable attorney's fees, expert witness fees, and the costs and expenses litigation, arbitration or other form of dispute resolution as may be agreed, suffered or incurred by Surface Owner as a result of KPK's plugging and abandonment operations and/or KPK's failure to comply with the applicable rules of the COGCC. Upon completion of KPK's obligations under this Agreement, KPK shall assume no further liability for damage to the Well and Glen Horton #2 Location. Surface Owner shall indemnify KPK for all damage to the Well and Glen Horton #2 Location resulting from Surface Owner's actions after completion of plugging and abandonment. ICo criar t ice. '- . t?c 3S, ti . - in it' " h KP'�. SF. act' Ow c•r. - i1 if P'4 �, . ier P .K- ..rai ne -r,ei p • am' ab.. do- d. FIN r'tl eta a C .rc al lg, g 1'lteli to . ui'11cL i..,,f.,.-_ 4,.-33-7 • including but not limited to, the rights to operate, produce, maintain and repair the Well and related facilities including flowlines and production facilities. 12. Further Drilling by KPK. Effective with the payment of the consideration provided for in Paragraph 2 of this Agreement and further subject to the terms of the Agreement, KPK, for itself and its successors and assigns, hereby covenants not to drill any new wells for the production of oil and gas on the Glen Horton #2 Location. Provided, KPK reserves the right to explore, produce and drill for oil and gas under said Glen Horton #2 Location, provided that it does not do so by drilling on the Glen Horton#2 Location or otherwise using the Glen Horton#2 Location. 13. Notices. All notices, requests, demands and other communications required or permitted hereunder shall be in writing and shall be deemed to have been fully given, made and received only when personally delivered, received via facsimile that has been confirmed electronically, delivered by Federal Express or other nationally recognized courier service, or three (3) days after having been deposited in the United States mail, postage prepaid, return receipt requested. All notices requests, demands and other communications required or permitted hereunder shall be addressed as set forth below: IF TO KPK: K. P. Kauffman Company, Inc. 1675 Broadway, Suite 2800 • Denver, Colorado 80202 ATTN: Jason Lilley Phone: 303-825-4822 Fax: 303-825-4825 IF TO SURFACE OWNER: Zadel Family, LLLP 4200 WCR 19 Fort Lupton, Colorado 80621 Attn: John W. Zadel Phone: 303-857-1754 Fax: 303-857-2933 14. Further Assurances. The parties agree to execute and deliver such further documentation as may be reasonably necessary to implement the transaction contemplated hereby upon the written request of any party hereto. 15. Complete Agreement. This Agreement, together with its exhibits. contains the complete mc r1 . ''d - . f it, • ”,: .1_I 'Jry, �'f. i ag!".':s r ` :her .`e n {)'.fats. icht s. - i5 6! ader 7.-nth .;:.i WY- to , inr ..-.T corcemi the i -am co .- r ucticr,. or ;tent • this Agreement or any provision thereof or if 34 rage ' of7 Illany party desires to enforce the provisions of this Agreement, then any such party may submit the dispute to binding arbitration in Greeley, Colorado in accordance with the rules of the American Arbitration Association governing commercial disputes. Any such dispute or disputes shall be resolved by arbitration by a single arbitrator experienced in oil and gas operations. Surface Owner and KPK will attempt to agree upon an arbitrator within ten (10)business days of the filing of a demand for arbitration. If Surface Owner and KPK are not able to agree upon an arbitrator within such 10-day period, the arbitrator will be selected by a District Court Judge sitting in Greeley, Colorado. The arbitration hearing will be conducted within thirty(30) days of the date the arbitrator is selected. The decision of the arbitrator shall be binding and final on the parties and the prevailing party may obtain a judgment on the award pursuant to the then applicable statutes of the State of Colorado. The fee of the arbitrator shall he paid one half by Surface Owner and one half by KPK and the prevailing party as determined by the Arbitrator shall be entitled to recover reasonable costs and attorneys' fees from the other party, which shall be set by the Arbitrator in any such proceeding. Such costs and fees shall be in addition to any other relief that may be awarded. 17. Amendments. This Agreement may only be amended by an instrument in writing signed by the parties hereto. 18. Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable for any reason under present or future laws effective during the term hereof, such provision shall be construed and enforced as if such illegal, invalid or unenforceable provision . had never compromised a part hereof and this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement. 19. Recording. Upon prompt payment by Surface Owner to KPK as described in Paragraph 2 of this Agreement, KPK will deliver to Surface Owner the above referenced Release of Easement Rights, which may be recorded by either party in the records of Weld County, Colorado. 20. Counterparts and Signatures by Facsimile. This Agreement may be executed in counterparts, each of which is deemed an original and all of which constitute collectively one agreement, and in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart. Any party may execute this Agreement by facsimile signature,which shall be deemed an original signature for all purposes. 21. Miscellaneous Provisions. a. Assignment and finding Effect. This Agreement may he asei? ed '. Surface Owner the r-iol iacoeF ,rs gns Ai. rtt ter to- re-. i hu :° ; ss rr °".rc' ..td - ,3er ocrpr:_.x1 i :.der lno.9 n 'te U. ra .U. 35 P<sge 6 i 7 • c. Third Party Beneficiaries. No party to this Agreement shall have any obligation to any person who is not a party to this Agreement, nor shall any person who is not a party to this Agreement have the right to claim that he/she/it is a third party beneficiary to this Agreement, nor shall any third party have the right to seek damages, either actual or punitive, from any party to this agreement for an alleged breach of this Agreement. IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date and year first above written. K.P. KAUFFMAN COMPANY, INC. By: Gordon L. Allott, Jr. Executive Vice-President ZADELL FAMILY, J ]m LLLP W.By: cite-n Za4 Managing Partner • MEMORANDUM OF RELEASE OF EASEMENT RIGHTS AGREEMENT AND FIRST AMENDMENT TO SURFACE USE AGREEMENT This Memorandum is made and entered into this day of 2007, by and between K.P. KAUFFMAN COMPANY, INC. ("KPK") a California Corporation with an address of 1675 Broadway, Suite 2800, Denver, Colorado 80202 and Zadel Family, LLLP ("Surface Owner") with an address of 4200 WCR 19 Fort Lupton, Colorado 80621. KPK and Surface Owner are collectively referred to as the Parties. As of the date above, the Parties entered into a Release of Easement Rights Agreement ("Agreement") covering the following Surface Location: Glen Horton #2, located in the SE/4 of the SE/4 of Section 24, Township 2 North, Range 67 West of the 6'h P.M., Weld County, Colorado. The Agreement provides for KPK to plug and abandon the Glen Horton#2 Well, to release to Surface Owner its Easement Rights to the Surface Location, to flush and cleanse the lines, and to partially release the Easement. This Memorandum of Release of Easement Rights Agreement is executed by the Parties and placed of record in Weld County, Colorado for the purpose of placing all persons on notice of the existence of the Agreement. A true and complete copy of the • Agreement is available from KPK or Surface Owner to any person with an interest in the above described land. IN WITNESS WHEREOF the undersigned parties have caused this Agreement to be executed by a duly authorized representative on the day and year first above written. K.P. KAUFFMAN COMPANY, INC. ZADEL FAMILY, LLLP By: By: ;z/ter,/, Gordon L. Allott, lr. Name_ ' Executive Vice President Title: • -1 A.1 E `.lr CULOP..'1DU ) 37 . ) ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this day of , 2007, by Gordon L. Allott, Jr., as Executive Vice President of K. P. Kauffman Company, Inc. Witness my hand and official seal. My commission expires: _ Notary Public STATE OF COLORADO ) ) ss. County of ) The foregoing instrument was acknowledged before me this day of 2007,by , as of Zadel Family, LLLP. Witness my hand and official seal. • My commission expires: Witness my hand and official seal. Notary Public i 38 • EXHIBIT E Reclamation Plan Reclamation Limits The mine will be reclaimed as a lined water storage reservoir with two interconnected cells. The single reservoir cell that is in the current plan (approved in Technical Revision #3) will be extended onto the southern portion of the amendment area tract. An additional reservoir cell will be reclaimed in the northern portion of the amendment area tract. The two cells will be interconnected via a pipeline so that the reservoir will function as one contiguous cell. The configuration of the final reclaimed reservoir will be as shown in Exhibit F, Reclamation Plan Map. Methods and Criteria of Reclamation Activities The current reclamation plan details the specific methods and criteria (topsoil handling, grading, revegetation, seed mix, etc.) to be used in reclaiming the site. NCCI intends to continue to use these methods. At this time a final liner design has not been completed. Until the final liner design is completed NCCI commits to reclaiming the site with the clay liner approved in Technical Revision #2 and commits to following the quality control plan approved in that revision. This liner would satisfy the requirements of the "State Engineer's Guidelines for Lining Criteria for Gravel Pits." • Reclamation Timing Reclamation activities have not commenced to date on the site. As stated in Technical Revision #3, NCCI is in active negotiations with a buyer for the reclaimed water storage reservoir site. They are in the process of determining what the final liner configuration will be. When the final liner configuration is determined, NCCI will start the reclamation and continue it concurrently with the mining activities. A phased and cumulative bonding approach has been approved in Technical Revision #3 to ensure that NCCI has posted sufficient bond to reclaim the site at any point during the mining activities. See Exhibit L, Reclamation Cost, for details of the phased reclamation costs that have been updated to reflect the amended phasing and quantities. • M-2001-107 NCCI Pit#1 DRMS 112 Permit Amendment 39 • EXHIBIT F Reclamation Plan Map See attached map. • • M-2001-107 NCCI Pit#1 DRMS 112 Permit Amendment 40 • EXHIBIT G Water Information Introduction NCCI Pit#1 is located in the East 1/2 of Section 24, Township 2 North, Range 67 West, in the 6th P.M. in Weld County, Colorado. The proposed mining site is located between the Lupton Meadows Ditch and the Lupton Meadows East Ditch, approximately '/ mile west of the South Platte River as shown in Figure Exhibit G-1. The Lupton Bottom Ditch is approximately '/4 mile west of the site, and Sand Hill Lake lies approximately '/ mile west of the site. The operation will consist of sand and gravel production and will impact the South Platte River in the form of depletions due to evaporation and operational losses associated with mining. Mining of the NCCI Pit #1 will last for approximately 15 years. Once reclamation is complete, a reservoir will be created with a total surface area of approximately 100.6 acres. The depth to groundwater ranges from three to seven feet. The site will be mined down to 30 feet, thus exposing groundwater to the atmosphere. This exposed groundwater, along with the operational losses associated with the extraction of sand and gravel deposits, will impact the South Platte alluvial aquifer. These impacts will cause river depletions that must be augmented. To enable dry mining at NCCI Pit #1, there will be dewatering trenches around the various phases of the site. These dewatering trenches will change in length throughout mining. The maximum length will occur when NCCI is mining Phase 8. The maximum length of trench will be • 7,040 feet long and 3 feet wide. This water will be collected in a 100 feet x 200 feet process water pond. Water from this pond will be used for washing of the mined material. Water exiting the wash plant will be carried by a 1,073 feet x 6 feet trench to a 0.5-acre sedimentation pond. After sedimentation, this water will be returned to Little Dry Creek where it flows back to the South Platte River. As mining progresses, the dewatering trenches will shift as various cells are reclaimed. The gravel pit will be lined concurrent with mining per the reclamation plan. Water Requirements Water use at the NCCI Pit#1 will include evaporation from exposed groundwater, dust control of haul roads and stockpiles, and water retained in material removed from the site. Evaporative Loss Evaporative losses are dependent on the exposed water surface area, which may shift throughout the mining operation, but will not exceed the maximum. Exposed surface area at the NCCI Pit #1 will include groundwater exposed in the dewatering trenches, process water pond and sedimentation pond. The maximum exposed surface area at the site during mining is estimated at 1.6 acres. NCCI will keep the site dewatered throughout the life of the mine. Evaporation data was taken from NOAA Technical Report NWS 33, Evaporation Atlas for the 48 Contiguous United States. The annual gross evaporation was determined to be 45 inches for this location. Monthly evaporation percentages are established by guidelines set by the State • Engineer's Office. To determine precipitation, data from the National Weather Service for both M-2001-107 NCCI Pit#1 DRMS 112 Permit Amendment 41 • the Fort Lupton weather station (1950-1975) and the Brighton weather station (1976-2005)were used. Missing data was replaced with the average for the period. The long-term average precipitation at NCCI Pit #1 is estimated at 13.4 inches. Effective precipitation is calculated as 70% of the total precipitation. The net evaporation is the difference between gross annual evaporation and effective precipitation. The resulting net evaporation is 3.0 feet. The maximum evaporative loss from the 1.6 acres is 4.7 ac-ft. Operational Loss The average annual production from the NCCI Pit #1 site is estimated at 400,000 tons. Using 4% moisture content, the total associated consumptive use for water retained in the material mined is 11.8 ac-ft. Dust control use is 10,000 gal/day, 5 days/week, 4 weeks/month for 10 months of the year. This equates to 6.2 ac-ft. Maximum operational loss is estimated to be 18.0 ac-ft. The maximum annual consumptive use at this site during the mining operation is estimated to be 22.7 ac-ft Replacement Water The replacement of consumptive uses at the original site is accounted for in a substitute water • supply plan (SWSP) approved by the State Engineer. The current SWSP is valid through December 31, 2007. NCCI will operate NCCI Pit#1 in accordance with this approved SWSP. At the time of renewal, the SWSP will be amended to include the original site plus the expansion property. Mining in the expansion area will not occur until after 2007 when a new SWSP has been submitted and approved. The following water sources will provide the necessary replacement water for the site: • Three shares of Lupton Meadows Ditch Company owned by NCCI • Leased water from the Consolidated Mutual Water Company • Leased water from the City of Greeley Surrounding Water Rights Figure Exhibit G-1 shows the permitted wells within ''A mile of the site. The well information and locations were obtained from the Well Look database at the Division of Water Resources and water rights tabulation. This well and water rights information was cross checked with the State's CDSS. Between the sources, all permitted and decreed wells are included. Table Exhibit G-1 is a corresponding list of wells as numbered in Figure Exhibit G-1. A gravel pit well permit has been approved for the original site. At the time of SWSP renewal, a new gravel pit well permit will be applied for to include the additional evaporative and operational losses from the inclusion of the expansion property. If the proposed use of groundwater at the NCCI Pit #1 site results in material injury to surrounding wells, NCCI will ensure that all necessary measures are taken to address the issues. • M-2001-107 NCCI Pit#1 DRMS 112 Permit Amendment 42 • Water Quality An application for an NPDES Permit has been submitted to the Water Quality Control Division at the Colorado Department of Public Health & Environment for the original NCCI Pit #1. This permit will be amended to include the expansion property. Impacts to Groundwater/Hydroloqic Balance As approved in Technical Revision #3, NCCI will monitor the groundwater levels surrounding the site and provide groundwater recharge via perimeter ditches/ponds. NCCI will construct these ditches/ponds in the locations where direct discharge to an existing adjacent ditch is not available to ensure that the stabilized levels are maintained. They will discharge dewatering flows into existing adjacent ditches where possible to limit the disturbance to the surrounding land. See Exhibit C, Mining Plan Map, for the locations of the recharge ditches/ponds. To summarize the mitigation process, as each phase of mining/dewatering occurs it will draw down the surrounding groundwater level to some extent. NCCI will implement the groundwater recharge activities adjacent to each phase as it is mined. The cone of depression/radius of influence will then stabilize. Once it has stabilized NCCI will maintain the groundwater levels in their monitoring wells in that area per the criteria detailed in Technical Revision #3. See Technical Revision #3 for a detailed explanation of the extent of the groundwater impacts and how the impacts will be mitigated. Three groundwater wells that are not owned by the applicant (Figure Exhibit G-1 #3, #6, #7) are • potentially located within 600 feet of the amendment area tract mining limits. Well waivers have been included for wells#3 and #6. Information for the owner of well#7 and the physical location of the well itself could not be located. It will be verified during the substitute water supply plan and well permit update for the pit whether this well is within 600 feet of the mining area. A well waiver will be obtained for this well if this is the case. Five other wells (Figure Exhibit G-1 #4, #8, #11, #89, #93) that are potentially within 600 feet of the amendment area tract are either owned by the applicant, are oil/gas wells, or are wells with no permit on record, therefore groundwater impacts to these wells do not need to be addressed. • M-2001-107 NCCI Pit#1 ORMS 112 Permit Amendment 43 GWS-38A 600 FOOT WELL SPACING STATEMENT• I (we) /151,,�f�t{;1','U ;,:eft✓ do .r.�5- x•� ti � � � � � � � �� ^^c— state as follows: 1. l(we) own real property described as in the 'A of the %4, Section , Township , Range , f ' _ P.M., l<,e•-fd County, Colorado. We own the right and easement to the following weli(s): Actual Actual Distance from Distance from Permit 114 1/4 Sec. Twp. Rng. N!S Sec. Line E/W Sec. Line 4 5,¢'7 ft. ft. �.. ft. ft. ft. ft. 2. I (we) have been apprised that , the present owners of a parcel of land in the '4 of the 'A, Section IIIITownship , Range P.M., desire to drill a new well or extend the use of an existing well. I (we) also understand that the purpose of such well is set forth in the well permit application, and that I (we) have reviewed the application that was submitted to the State Engineer and receipted by him under receipt no. . 3. The proposed location for the subject well will be 600 feet or less from my (our) well. 4. By this statement I (we) am (are) specifically waiving any objection to the issuance of a well permit for the subject well, as set forth in the referenced application, and would request that permit issuance not be postponed or denied because of any concerns by the Division or others that the proposed well will materially affect my (our) well or water right. I (we) am (are) also specifically waiving my (our) right i (we) may have ₹o participate in a hearing before the State Engineer pursuant to Section 37-90-137(2), C.R.S. Dated this . -day of Ap:_ ..,57- , So-_ 1 ,.,. .�' r • 44 GWS-38A 600 FOOT WELL SPACING STATEMENT • I (we)_ Z Cd*✓� /—a.44k 1v e state as follows: l• 1. I(we) own real property described as in the 1/4 of the J '/, Section , Township , Range P.M.. be e.1 County, Colorado. We own the right and easement to the following well(s): Actual Actual Distance from Distance from Permit# 114 1/4 Sec. Twp. Rng. N/S Sec. Line ENV Sec. Line re, ft. ft. 2,;h-i 5' J _ft. ft. ft. ft. 2. I (we) have been apprised that , the • present owners of a parcel of land in the 'A4 of the 1/4, Sectoor. Township , Range _ P.M., desire to drill a new well or extend the use of an existing well. I (we) also understand that the purpose of such well is set forth in the well permit application, and that I (we) have reviewed the application that was submitted to the State Engineer and receipted by him under receipt no. 3. The proposed location for the subject well will be 600 feet or less from my (our) well. 4. By this statement i (we) am (are) specifically waiving any objection to the issuance of a well permit for the subject well, as set forth in the referenced application, and would request that permit issuance not be postponed or denied because of any concerns by the Division or others that the proposed well will materially affect my (our) well or water right. I (we) am (are) also specifically waiving my (our) right i (we) may have to participate in a hearing before the State Engineer pursuant to Section 37-90-137(2), C.R.S. Dated this day of Ay7z' 4 , ( f'kt.. r"\/ • 45 R67W 20 R66W 47 • • 21 22 • A 51 53 51<♦S0 49 • • • 19 •17 . •583*�59-_ - A 23 56 • 57 4s 60 18 16 �• 1• 87 s1 So4fhAjrl ♦ • •54• i 6 d e• 'Qi 25 n 81 _ re, 83 • ....-.1 I 2 A • 1 82 1 . 84 • �' 9 j 1 1 j A86 1 A s..-..7 .1 85 •1 • 4 ♦ 5. • �..�.. 111 • 93 • 89 A 1 1 1 1 • 13 j 1 1 1 0' 43 42 _. IA j ♦ ♦ • 1 1 i. 1 12 • I 1 14 1 1 ♦ •15 t • 73 A : 28 ♦ 67 • 80 �8 i 5 A 36• ♦ 79 33 31 A A A 377 •7172 172 •68 •t•70 A 2 30.27 • • • 29 3•9 88 A 9 92 ♦ • 40 37 41 A ....000000000./A • 74 ♦ Legend N A Wells within 1/2 Mile w E T2N i_.._. NCCI Mining Limit s Northern Colorado Constructors, Inc.al Figure Exhibit G-1 0 700 1,400 Feet NCCI PIT#1ail I I SURROUNDING WEDS AND WATER RIGHTS WATER IMEMEMEMEMEEME 1111111111111111111111111111111111111111111 vi 1111111111111111111111111111111111 11111111111211111111111211111111111113 • al N • t 0 0 0 000000 p < 0 0 b r00N.”40 0 p o O c4 •-•-imocicm 0 N O N.N 0-- .--0 N« -''. LL N « m NNN Nm N0[0V n N N m m m m N N O N O N m m N f N!f ONO 0 m N O f N f ti00000000mnnnnmm000000C000m0Owm0Ommm000m mmmmm . . . . o 0 0 =O O 21-1-1-1- 0 0 0 0 0 0 0 m O m O O Q - . . . 8 EL J j j m J J J J J o 0 0 o 7=7≥J J m 0 >3 -0 -= 0 0 E j E i i 3 ≥J ≥ ≥ r o c L L L L L = m = n c m c L a L t c m C o LL O O O LL LL LL LL LL 2 2 2 LL LL LL LL LL LL LL O LL O LL LL m LL O LL 0 O 0 O J LL LL LL 00_0 0 <Q < 88 0 S 0 22 O _ m m c,-ce O m — o m m cow 55 Y co cow m m m m m m U m„ 0 > m p c_c c N 0.0a 0 0 N N 0 0 000 0 < c m L G ;U N N L L c 0 m N N 0 U 0 m 0 m LL'R'R'0 O N U matart m :222 N U N N 9 m U LL'LL' tm'i m e0i m> rc 333 C ?' 000 `o�3m oom�_=o;'o oui 3m33mui w3 Y5 3 3 3 00...". 0 0 0 0 0 0 0 n N N 0 N N N 0 0 0.00 ....0 ry N S O O < °irvnn¢- �0 t0)0:E7n7- u.r'0-an r �rvrvFn=m ma RRm u u C m S SE u 60 • = m m C m mmot m c me = ww a 0 am- Elkw cc, 3e m mmN g o e e am= 3 33 m Z 0 0 0 33U _ aFaF3 `a a jam gym@ O m m m .a 00 N 000 m mm W x x x -4 m _ 0 0 0 w m m m E c E m a a$z m = c m m m E L E___ J o o___R m E 2 E w m o c o m d O j c 6 w 5 c m c m m a om� g ._mm m e 00EES'� 3Ns'' " ' ="c2 m ccm• acocco m rc m m m U o-1 m'c E v v 2 o m LL a 0--''6 .D .0 m u,c!' m m oo U 0 0 o € m x w E U 0' o =m E E m m m a a1 m m m 'E° 00 `m m U y v m E m 0 m o o '° - miii222 t@ mm m milt; o— "' E"' =m'�"'� t E' —c Lc LL ALL O E u�im U -m,K O K 3 a a wa m o o 0 O K O K O m a R II 0"m 0 o 0_3 2 mm i E g Z Z O z S zin Cs m M Y m 0 m o ��xuu 'u WWI _ OO_J�wu w 5 0 S SNSSZS Z 0 0 0 0200000 O O 0 Z y 0 F O O wl-0Rmim a a n 03'0`0; N - m n O N— J❑ 0 0 0 m O m —m O 0 3 0 0 0- m 0 0 0 0 m 0 EPEE P —w 0.-N LL 0 y<0 m O N 0 0 0 m,.... coo 0 m m coon,n O LL 0 m 8 8 8 Q w m n n inn m<a 0 O m�- O p 0 0.4-00001..-001--00-0 m U U U u S UI .up N N nI m N aa-..:Am INv CNi CNi N m H m m 0 N H,,, m N V NNN N h N m r O c 0 H 0 0 0 0 0 co 0 a 1575O-6 e C ' c Eli • cm .710 0 m m m m m m m n n n n n n n n m m Wmm 9 w � "n"'nn mmmmmmmo� m^m mmo.-mmmmmmmmwmmm �u < 48 • EXHIBIT H Wildlife Information A wildlife assessment was conducted for the site by Savage and Savage. See the attached wildlife assessment report for details on their findings and opinions of the impact that the mining operation will have on wildlife in the area. During the course of the wildlife survey, potential habitat for the Preble's Meadow Jumping Mouse was observed. A subsequent survey was done by Savage and Savage for this mouse and no populations of the mouse were found. This survey was submitted to the U.S. Fish and Wildlife Service and a disqualification concurrence was obtained. Attached are the survey report and disqualification concurrence letter. • • M-2001-107 NCCI Pit#1 DRMS 112 Permit Amendment 49 • 6.4.8 Exhibit H - Wildlife Information Wildlife Assessment— NCO Pit #1 Extension Site Description Savage and Savage conducted a wildlife assessment for the Northern Colorado Constructors, Inc. Pit #1 extension on June 6, 2006. The extension site contains approximately 70 acres located within a portion of the NE% of Section 24 in Township 2 North, Range 67 West of the 6th Prime Meridian, Weld County, Colorado. The property is bounded on the north by a fence line, east by a segment of an old railroad grade and a fence line, south by a fence line, and west by a fence line. The project site is depicted on the attached general location map. The site was accessed via an existing road that enters the property from Weld County Road 25 onto the southeast corner of the site. The weather during our site investigation was hot and dry with the temperature around 95°F. The average elevation of the site is 4860 feet and the property is essentially flat. The South Platte River is a perennial drainage that is located approximately one-half mile east of the site. Little Dry Creek skirts the west boundary of the site and flows across the northwest corner of the project site. The dominant soils on the site are aquolls and aquents and Bankard sandy loam (USDA, 1980). • The site is a mix of dry uplands with some shallow wetlands created by prior excavation of aggregate material. The uplands are dominated by pasture grass and ruderal species. The wetland vegetation communities can be broadly categorized as surface water drainage fringe along Little Dry Creek that is dominated by reed canarygrass (Phalaris arundinacea), topographic depression that include a mixed herbaceous wetland community dominated by three-square (Schpus americanus), cattail marsh wetland (Typha latifolia), and surface swale drainage that is dominated by reed canarygrass. With the exception of Little Dry Creek and surface connected cattail marsh G, all wetlands were determined to be non jurisdictional by the U.S. Army Corps of Engineers. Significant Wildlife Resources Tables 1, 2, and 3 list wildlife species that potentially occur on-site according to the Colorado Distribution Latilong Studies (CDOW, 1981, 1990, 1998). The latilong studies encompass mammals, birds, reptiles, and amphibians. During our site investigation we encountered a number of avian species. Species included mallards (Areas platyrhvnchos), killdeer (Charadrius vociferus), red-winged blackbirds (Agelaius phoeniceus), and western kingbird (Tyrannus verticalis). The majority of birds were feeding and loafing at the time of our investigation. Coyote (Canis lairans) scat was identified along Little Dry Creek. Black-tailed prairie dogs (Cynontys ludoviciamrs) are scattered throughout the site. • 50 Seasonal Use With the exception of bats, the mammals species encountered during the site inspection or that potentially occur on-site are expected to be year-round residents or users of the site. The carnivore and ungulate species are not restricted to this site and tend to have relatively large home ranges (up to several square miles). The majority of rodent and insectivore species can be expected to reside on-site throughout the year, though many may hibernate during the cold months. Avian species may be year-round, temporary migrants, or summer residents of the site. Year-round residents would include waterfowl, raptors, gallinaceous birds, pigeons, owls, and woodpeckers. The majority of the shorebirds and passerines would use the site during the spring, summer, and fall for feeding or resting during migration. Amphibian and reptile species of the site are year- round residents. Threatened and Endangered Species and Critical Habitat Potential habitat for the Preble's meadow jumping mouse (Zapus hudsonius preblei), and Ute ladies'-tresses orchid (Spiranthes diluvialis) are present on the site. Ute ladies'- tresses orchid surveys conducted in 1999 and 2004 did not find the orchid present. Another orchid survey will be conducted in the summer of 2006. Preble's disqualifications were obtained from U.S. Fish and Wildlife Service in 1999 and 2004. An update to the mouse disqualification was submitted to the U.S. Fish and Wildlife Service in June 2006. (See attached USFWS correspondence). • Project Effects to Wildlife Based on our on-site investigation, one clump of cottonwood trees that represented wildlife habitat of value was identified on the extension site. Approximately 15 mature cottonwood trees with little or no recruitment are located along the north boundary of the site. Approximately one-third of the cottonwood trees are senescent. This being the case, there will come a time when the mature cottonwood trees are gone and the overstory structure of the trees will be lost. Mitigation for removal of the tree clump could, in the long term, be of great benefit in maintaining wildlife habitat on the site. Planting cottonwoods of varying ages throughout the site as part of the concurrent reclamation would provide replacement trees for the mature and senescent cottonwoods, and enhance the existing habitat through development of an age stratified vegetation community. According to the mineral extraction plan for the NCCI Pit#1 extension area, noise and air emissions during mining will cause a temporary disturbance to wildlife. Species such as raccoons, coyotes, beaver, deer, and raptors will continue to use the site itself when operations are not active and during contemporaneous reclamation. Bird species will use the periphery of the site and the site itself opportunistically, if prey or food species are present. • 51 • The proposed project will extract material and leave mining cells covering the majority of the site. Permanent reclamation of the site will entail grading, respreading topsoil, and seeding and planting perennial species that will support wildlife. The mining and reclamation will create more diverse range of habitat on the site. Areas of open water will sustain species of reptiles and amphibians as well as shorebirds and waterfowl, and create fringe environments favorable to predatory mammals and raptors, as well as food and water sources for herbivores. With the planting of additional cottonwood trees and shrubs, additional strata and vegetation layers will be added to the site, creating improved cover, foraging, roosting, and nesting areas for wildlife. Improving the cover through seeding and planting will increase wildlife dispersion corridors and "edges" that provide increased habitat diversity. • • 52 Literature Cited Colorado Division of Wildlife. 1981 Ed. Colorado Reptile and Amphibian Distribution Latilong Study. Colorado Division of Wildlife and The Denver Museum of Natural History. 1990 Ed. Colorado Mammal Distribution Latilong Study. Colorado Division of Wildlife in cooperation with the Colorado Field Ornithologists. 1998 Ed. Colorado Bird Distribution Latilong Study. U.S. Department of Agriculture, Soil Conservation Service. 1980. Soil Survey of Weld County, Colorado; Southern Part. • S 53 • •� •• ? %i 1��1 \,:� 17ye _ r • N: .. . , 4 1,, '''',.t • As\ . !. I f faDtlS Cemetery •.t. _ 40616,, .} i♦ -._ c '1$79• _ _ M ''+- (L r • • ......•• .... , 1.-. -1, -,,A:4 -7�CV, %. ; .E F q Fi .� 1 i:� Volimar.4.?' i` :..k.. sy' ' mac. .. 5₹.�.,.-. ___ -�.i w _ _ 4s54ryryry�3�,, �"jj'��....__ •N 3 as ,1 .• C'•!— ...y... �. n • i' )1, i .i .. . ti 466/16•w • . T-' i : . Ns, '•F'• . -.1/; . .... fu. ••... p./4•, • .0 • b .... ! ; ny ` Y f. — N. i • f:. • • _ eil is Ellyi .' :-'' •ks.i.. - ..,• •i - . ., ''may •4867 �'y•�`•,,.• •- - ; 4 :. • ? . .` .w \ \ ti 1- II • i ' N..:k S • _ . r.---' • • f t . . Y' .. RBORl�M'�1� .. • ! ' It • • t �.\ • - f, IF _ � • � x� ----•.. �, ' ^ y.: 163E ••-.1. Li 11 ,,• ...\ 1 � , i I NcC#1 Extension General Location vin'•106.31'59•NADU 4No5Sr.1se4 -s PA•y- ___I,•,..E low r, Y Prat)6oto TOP co CI 908 W.tdfbR,Pindactioos(wn MR;coat) Table 1. • Mammal Species Potentially Inhabiting the NCCI Pit#1 Site Classification/Common Name Scientific Name Preferred Habitat Marsupials Virginia Opossum Dide!phis virginiana RpL Carnivores Coyote Canis lairans MxP,RpL,Ms Raccoon Procyon lotor RpL,Ms Long-tailed Weasel Mustela nigripes MxP,RpL,Ms Mink Mustela vison RpL,Ms Striped Skunk Mephitis mephitis MxP,RpL,Ms Ungulates Mule Deer Odoco/leus hemionus RpL,L White-tailed Deer Odocoileus virginianus RpL Lagomorphs Desert Cottontail Sylvi/agus audubonii RpL Eastern Cottontail SylvilagusJloridanus RpL Black-tailed Jack Rabbit Lepus ca/ifornicus MxP White-tailed Jackrabbit Lepns townsendii MxP • Rodents Wyoming Ground Squirrel Spermophi/us elegans MxP Thirteen-lined Ground Squirrel Spermophilus tridecemlineatus MxP Black-tailed Prairie Dog Cvnomys hudovicianus MxP Fox Squirrel Sciurus niger RpL Plains Pocket Gopher Geomys bursarius MxP Silky Pocket Mouse Perognathus flavus MxP Hispid Pocket Mouse Chaetodipus hispidus MxP,RpL Ord's Kangaroo Rat Dipodomys ordii MxP,RpL Beaver Castor canadensis RpL,L Western Harvest Mouse Reithrodontomys tnegatoti.s MxP,RpL Deer Mouse Perontyscus maniculatus All types Northern Grasshopper Mouse Onychomys leucogaster MxP Prairie Vole Microtus ochrogaster MxP,Ms Meadow Vole Microtus pennsy/vanicus RpL,Ms Muskrat Ondatra zibethiens Ms,L • 55 Table 1. Continued Mammal Species Potentially Inhabiting the NCCI Pit #1 Site Classification/Common Name Scientific Name Preferred Habitat Rodents Norway Rat Rattus norvegicus RpL House Mouse Muc musculus RpL Meadow Jumping Mouse Zapus hudsonius Ms Porcupine Erethizon dorsatum RpL Insectivores Least Shrew Cryptotis parva MxP,RpL Bats Western Small-footed Myotis Myotis ciliolabrum MtP Red Bat Lasiurus borealis RpL Hoary Bat Lasurius cinereus RpL Silver-haired Bat Lasionycteris noctivagans RpL Big Brown Bat Eptesicusfuscus RpL Habitat Types MXP Mixed grasses of habitat alteration RpL Riparian lowland Ms Marshes. bogs,wet hummocks • Lakes,ponds,reservoirs S 56 Table 2. Breeding Bird Species Potentially • Inhabiting the NCCJ Pit#1 Site Classification/Common Name Scientific Name Preferred Habitat Pelicans and Allies Pied-billed Grebe Podilvmbus podiceps Ms.L Eared Grebe Podiceps nigicollis Ms,L Western Grebe Aechmophorus occidentalis Ms,L Clark's Grebe Aechmophorus clarkii Ms,L Double-crested Cormorant Phalacrocorax auritus RpL.L Herons American Bittern Botaurus lentiginosus Ms Great Blue Heron Ardea herodias RpL Great Egret Casmerodius albus RpL Snowy Egret Egretta thula RpL,Ms Cattle Egret Buhulcus ibis RpL,Ms Black-crowned Night-Heron Nycticoras nycticorax RpL White-faced Ibis Plegadis chihi Ms Waterfowl Canada Goose Branta canadensis MxP,RpL Wood Duck Aix sponsa RpL Mallard Antis platyrhynchos RpL,L Canvasback Aythva valisineria Ms,L • Redhead Aythya americana Ms,L Hooded Merganser Lophodytes cucullatus RpL Common Merganser Mergus merganser RpL Ruddy Duck Oxyurajamacensis Ms, L Vultures and Raptors Turkey Vulture Cathartes aura RpL Northern Harrier Circus cyaneus Ms Cooper's Hawk Accipiter cooperii RpL Swainson's Hawk Buten swainsoni RpL Red-tailed Hawk Bute°jamaiccensis RpL American Kestrel Falco sparverius RpL Gallinaeous Birds Ring-necked Pheasent Phasianus colchinus RpL Northern Bobwhite Colinus virginianus RpL Shorebirds Virginia Rail Rallus limicola Ms Sora Pomona carolina Ms American Coot Fulica americana Ms Black-necked Stilt Himantopus mexicanus Ms,L American Avocet Recurviristra americana Ms.L Common Snipe Gallinago gallinago Ms Wilson's Phalarope Phalaropus tricolor Ms • 57 Table 2. Continued Breeding Bird Species Potentially ip Inhabiting the NCCI Pit#1 Site Classification/Common Name Scientific Name Preferred Habitat Gulls and Terns California Gull Larus californicus L Foster's Tern Sterna fasters Ms. L Black Tern Sterna antillarum Ms Pigeons and Doves Mourning Dove Zenaida macroura RpL Cuckoos Yellow-billed Cuckoo Coccvzus americanus RpL Owls Common Barn-Owl Tyto alba RpL Eastern Screech-Owl Otis asio RpL Great Horned Owl Bubo virginianus RpL Burrowing Owl Athene cunicularia MxP Long-eared Owl Asio otus RpL Short-eared Ovi l Asio flanr.rueus Ms Kingfishers Belted Kingfisher Cerylealc on RpL • Woodpeckers Lewis'Woodpecker Melanerpes lewis RpL Red-headed Woodpecker Melanerpes ervthrocephalus RpL Passerines Western Wood-Pewee Contopus sordidulus RpL Cassin's Kingbird Tyrannus voci/erans RpL Western Kingbird Tyrannus verticalis RpL Eastern Kingbird "Tyrannus ttrannur RpL Tree Swallow Tachycineta bicolor RpL Blue Jay Cyanocirta cristate RpL American Crow Corvus brachveynchos RpL Chihuahuan Raven Con'us cryptoleucus IMP Black-capped Chickadee Pat-us altricapillus RpL Marsh Wren Cistothorus palustris Ms Eastern Bluebird Sialia sialis RpL American Robin Turdus migratorius MxP Gray Catbird Dunrelella carolinencis RpL Northern Mockingbird Mimus pohglottos RpL Brown Thrasher Toxostonra ruf:rm RpL Loggerhead Shrike Lanius ludovicianus RpL European Starling Sturnus►'ulgaris RpL Red-eyed Vireo Vireo olivaceus RpL Yellow Warbler Dendroica petechia RpL • 58 Table 2. Continued Breeding Bird Species Potentially • Inhabiting the NCCI Pit#1 Site Classification/Common Name Scientific Name Preferred Habitat Passerines(continued) Common Yellowthroat Geothlypis trichas Ms Blue Grosbeak Guiraca caerulea RpL Lazuli Bunting Passerinna amoena RpL Indigo Bunting Passerine cyanea RpL Lark Sparrow Chondestes grammacus RpL Savannah Sparrow Passerculus sandwichensis Ms Grasshopper Sparrow Ammodramus savannarum MxP Song Sparrow AJelospiza melodic Ms Chestnut-collared Longspur Calcarius ornatus MxP Red-Winged Blackbird Ageloius phoeniceus Ms Western Meadowlark Sturnella neglecta MxP Yellow-headed Blackbird Xanthocephalus xanthocephalus Ms Brown-headed Cowbird Molothrus ater Ms Orchard Oriole Icterus spurius RpL Northern Oriole Icterus ga/bula RpL American Goldfinch Cardue/is tristis RpL Habitat Types MxP Mixed grasses of habitat alteration • RpL Riparian lowland Ms Marshes,bogs,wet hummocks L Lakes,ponds, reservoirs • 59 Table 3. Reptile and Amphibian Species Potentially • Inhabiting the NCCI Pit#1 Site Classification/Common Name Scientific Name Preferred Habitat Amphibians Salamanders Tiger Salamander Ambystoma ligrinum all types Toads and Frogs Great Plains Toad Bufb Cognants MXP,RpL,OW-L/It,In Woodhouse's Toad Bufo woodhousei woodhousei RpL,In Boreal Chorus Frog Pseudacris triseriata maculate RpL,In Bull Frog Rana catesbiana RpL,In Northern Leopard Frog Rana pipiens RpL, In Turtles Common Snapping Turtle Chelydra serpentine serpentine RpL,OW-L/R Western Painted Turtle Chrysemys pitta belli RpL,OW-L/R Ornate Box Turtle Terrapene ornate ornate RpL Western Spiny Softshell Trion vs spiniferus hartwegi RpL,OW-L/12 Reptiles Lizards Northern Earless Lizard Ilolbrookia maculate maculate MXP Red-lipped Prairie Lizard Sceloporus undulatus erythrocheilus RpL Prairie-lined Racerunner Cnemidophorus sexlineatus viridis RpL • Snakes Eastern Yellowbelly Racer Coluber constrictor flaviventris RpL Plains Hognose Snake Helerodon nasicus nasicus RpL Milk Snake Lampropeltis triangrdum RpL Northern Water Snake Nerodia sipedon sipedon RpL,OW-L/R Bullsnake Pituophis melanoleucus savi SgP,RpL, Ag Wandering Garter Snake T hamnophis elegans vagrans MXP,RpL Western Plains Garter Snake Thamnophis radix havdeni RpL Red-sidded Garter Snake Thamnophis sir:alas parietalis RpL Habitat Types MXP Mixed grasses of habitat alteration RpL Riparian Lowland Ms Marshes,bogs,wet hummocks OW-L/R Open Water-Lakes,Ponds,Reservoirs In Intermittent ponds,reservoirs. streams • 60 United States Department of the Interior FISH AND WILDLIFE SERVICE Ecological Services Colorado Field Office P.O. Box 25486, DFC (MS 65412) Denver,Colorado 80225-0486 REPLY REFER TO: ES/CO: 'I'&E/PMJM/other Mail Stop 65412 JUL 1 2 ZOOS Ms. Edith Savage Savage and Savage Environmental 4610 Haystack Drive Windsor, Colorado 80550 Dear Ms. Savage: We are responding to your letter of June 8, 2006,requesting clearance under the authority conferred to the U.S. Fish and Wildlife Service(Service) by the Endangered Species Act of 1973 (ESA), as amended(16 U.S.C. 1531 et seq.), regarding the proposed site plan review for Northern Colorado Constructors Inc.,NCC Pit#1, Weld County, Colorado. You requested an extension of our original ESA section 9 clearance dated September 8, 2004. Based on the information provided, including the lack of recent change to conditions in the area, the Service agrees that a population of Preble's meadow jumping mouse, Zapus hudsonius preblei(Preble's), is not likely to be present within the subject area. Thus, the Service continues to conclude that development on this site should not have direct adverse affects to Preble's. Should Preble's populations exist downstream from the site, actions on the site that result in significant modifications of Preble's habitat downstream(for example, through alteration of existing flow regimes,or sedimentation)may be subject to provisions of the ESA. In addition tc potential impacts to Preble's, please note our concerns under the ESA regarding any potential depletions to the central Platte River,as outlined in our September 8,2004, letter. Please note that this renewed clearance is valid for one year from the date of this letter. Should additional information on listed or proposed species become available,this determination may be reconsidered under the ESA. If development has not commenced within one year, please contact the Colorado Field Office to request an additional extension. On February 2, 2005, Preble's was proposed for delisting in the Federal Register(Vol. 70 No. 21 FR 5404). Until a final determination is made, Preble's remains protected as a threatened . species under the ESA. 61 • If we can be of further assistance, please contact Peter PIage of my staff at(303) 236-4750. Sincerely, i t Susan C. Linner Colorado Field Supervisor pc: Piage PPI age:P MJ M S u rvey Q006.37:071006 • • 62 Savage and Savage Environmental �r • practical solutions for environmental issues 41 4610 Haystack Drive 970 674 8080 telephone Windsor, Colorado 80550 970 674 8088 facsimile savageandsavage@earthlink.net ` r a.: June 8, 2006 Peter Plage U.S. Fish and Wildlife Service P.O. Box 25486 DFC (MS 65412) Denver, Colorado 80225 RE: Update Concurrence Request for Zapus hudsonius preblei Disqualification— Northern Colorado Constructors, Inc. —NCC Pit#1 Extension Dear Mr. Plage: Preble's (Zapus hudsonius preblei) disqualifications have been obtained from U.S. Fish and Wildlife Service for Northern Colorado Constructors, Inc.'s NCC Pit #1 extension on June 9, 1999 and September 8, 2004. Please update the mouse disqualification for the NCC Pit#1 extension. The extension site contains approximately 70 acres located within a portion of the NE'/ of Section 24 in Township 2 North, Range 67 West of the 6'h Prime Meridian, Weld County, Colorado. The NCC #1 extension project is located on the primary alluvial terrace of the South Platte River. Little Dry Creek skirts the west boundary of the site and flows across the northwest corner of the project site. A site visit was conducted on June 6, 2006 of the extension area and the site has not been disturbed or altered since the disqualifications in 1999 and 2004. Attached are the 1999 and 2004 disqualifications. Sincerely, Edith Savage Principal • 63 Peter Plage NCC Pit#1 Extension Mouse Disqualification Page 2 c: John Zadel, Northern Colorado Constructors, Inc. )6dd Yee, J&T Consulting, Inc. attachments: Preble's Meadow Jumping Mouse, Survey Field Data Compilation Form 1999 and 2004 Mouse Disqualifications . • 64 0 • Preble's Meadow Jumping Mouse, Zapars hudsonius preblel Survey Field Data Compilation Form O TRAPPING SURVEY ;3 EVALUATED,NOT TRAPPED Fri':oat both sections 1 and 2 if trapping survey,fill out section 1 only rf habitat evaluation (ie.not trapped). Compilation forms needed for updated habitat evaluations and site disqualification requests. SECTION I Surveyor; Date of Sire/Habitat Assecs'rent JUP tq j zoo C. Organization/Company Full Name(s) Ob rt4 A,n tat / micA Agx.- s.3 L' Atsrz Location: Project Name(if applicable) wv rY` t zicr 1 �� T.,�r) ; Project Description(nearby road intersection,type of impact,etc.) U.S-G.S-Quad Name r.Lei?3 County levation 71`"� Allk Township(s) 2 .' Range(s) IIIII WA Section(s) tE a/4 Basting 13 ©c'3 U 'M Coordinates,Zone 13 Northing_'`r4 g'�f.M K• SFM Coordinate Datum NAD2; * NADS3 O 1r..irectio!S to Location _ ia Z3+w► k'A r T +w 9-' nr-e--- Land Ownership WAvil. - Habitat:General Habitat D .,ctiption CA,Dominant Overstory Plant Community - �z may,, ` Dominant Understoty Plant C mxmunnity •a anti--L w,+:�r�' Y r+:aL f Use ;,a ir, •✓YZi3`�%:� 'k :tzA �e.1C't Curb Type:Perenni2a1 Stream 1 c. Dr�iraYeName: +� �a�cr-- Other ,.�Atic.. _ Ephemeral Stream Powd/Lak—_-----Ditch ?4 SECTION 2: r Z h.p:eblei found? Yes El No O Dates ofj8uvey TrappingInformation: of Bait ' Type of Traps /4e %Available(unsprung) ‘;' maaber of Nights Trapped 0 Total Trapnights _ Weather conditions prior to and(1 survey- Associated Animal Specie urban predators rats,house nice) r' 65 Ay 77� United States Department of the Interior FISH AND WILDLIFE SERVICE Ecological� ces Colorado Field Office 755 Parfet Street,Suite 361 Lakewood,Colorado 80215 N REPLY REFER TO ES/CO: T&EIPM M/Other ,IS 65412 Lkwd SEP 0 8 Edith Srn:iage Savage ano Savage 4610 Haystack Drive Windsor;Colorado 80550 Dear Ms. Savage: We are responding toyour letter of 19,2004,requesting clearance under the authority U.S. �(Service)by. the Endangered Species Act of 1973 conferred to the Fish and Wildlifehasreviewed the Preble's meadow (ESA),as mouse, (16 udro u53�eq�F6e Service for the ]umping mouse,7�pas hrrdrnnurs (Preble's),habitat assessment report !Siberia Colorado Constructors,Inc.Pit#1 ep�abe operations n site sit project,1/as • Section 24,T2N,R67W)located south of Volimar-7n\'.elld County, o rado.proposed,may disturb wetlands and other riparian habitats on little Dry Creek. Based on the information provided,and given our compliance with the Preble's survey guidelines,the Service finds the report as and agrees that a population of Preble's is not likely to be present within the subject area;., us,the Service concludes that development or other aeons on this site should not have direct adverse affects to Preble's. Should Preble's pooulaticas exist downstream from the site,actions on the site that result in significant ;n thfrcations of Ptebte's habitat downstream(for example,through alteration of existing flow regimes,or sedimentation)may be subject to provisions of the ESA. Since 1978,the Service has consistently taken the position in its section 7 consultations that Federai agency actions resulting in existing or new water depletions to the Platte River system rimy affect the endar+gered whnokuieg crane(Gras americana),endangered interior least tern 1 eadangll pallid sturgeon (s ran r amilleron),threres , tenedthreatened ed bag plover (Ha iaeen Termha ),endangered ceet>itynchus. bees),ilia threat bed eagle(Haa g e fringed orchid(Plataathera praeclar), curlew i amen:as iczl borealis),thfor th ed western prcan plover in the central Platte and r in N'ebra ka.iP�'babe tit depletions nciud crew ve kisses and/or amsumptive use less return in Nebraska.C In e wY^^• include return flows. Project elements that could be associated with depletions to the Platte River system include,but are not limited to,ponds(detentiatt�t/irrigation storage),lakes recreatiorhrrigat�on gorav I it apsl staragelpo*t generation),reservoirs (recreation/irrigation storage/mtuncipal stn power generation),pipelines,wells,diversion structures,and water treatment facilities. if there is a Federal agency/money associated with this project,and the Federal'. and the applicant determine that there are depletions associated with Northern Colorado struction's m proposed iogmP�pr the Federal agency shshouldrequest initiation of formal section 7 CoCanSGlta�Onit Yrr a Inter to my office. A request Sr initiation of formal section 7 consultation on • water-relater!projects associated with dons to the central Platte River hould include of water a complete project description including water-related projectorigin month)water r associated with the proposed pro • •an estimate of the amount and timing(by f average annual water depletion(+• i i existing and new depletions);and descriee methods of arriving at such estimates. Completion of the consultation will be based on the date of receipt of the information required to conduct.the consultation. • Page 2 NCC Pit#1 Extension everyeffort to acec�m�xloa�e If a forma section 7 ctinsultation is�eiii+ei �,, rvice will make If your office the iicant�raul�.like to s applicant's s to prerentton to a l`.iver tern depletive 3ssi in Colorado, discuss the proposed in reSahon p} contact ands. project lill'ilier of my staff at(303)275-2370. by the U.S.Army Corps of Engineers under Additionally,a�.ectacan 404 permit may be required the Clean Water Act(33 T.3_ .C.I34 -etseq)if the proposed consquctron may impact jurisdictional wetlands or waters of the U.S. at the subject site. Please note that this clearance is valid for one year from the date of this letter. Should eadditional info: lat�on on listed or ',d species available,this determinationr lease contact reconsidered under the .A. Ii dev&op��nt has not commenced within on year,,p the Colorado Field Office to request an extension. If we can be of further assistance, please contact Barbara Spagn.olo of my staff at(303) 275-2370. Sincerely, Susan C.Linner Colorado Field Supervisor • cc: U.S. Army Corps of Engineers,Denver. Regulatory Office FWS/CFO: Sandy Vans-Miller FWSICFO:lB. S agnuolo Refer BJS1Wc {1NCC_Pidil.wFd • 67 • Savage and Savage Environmental practical solutions for environmental issues 4610 Haystack Drive 970 674 8080 telephone Windsor, Colorado 80550 970 674 8088 facsimile savageandsavage@earthlink.net August 19, 2004 Peter Plage U.S. Fish and Wildlife Service Colorado Field Office 755 Parfet, Suite 361 Denver, Colorado 80215 Re: Concurrence Request for Zapus hnclsonius preblei Disqualification - Northern Colorado Constructors, Inc. —NCC Pit #1 Extension, Weld County, Colorado • Dear Mr. Plage: Savage and Savage conducted a field investigation at the NCC Pit #1 Extension site on July 7, 2004 in order to assess the potential for the presence of critical habitat for the Preble's meadow jumping mouse (Zapus hudsonius preblei), a federally listed threatened species. The extension site contains approximately 70 acres located within a portion of the NE% of Section 24 in Township 2 North, Range 67 West of the 6th Prime Meridian, Weld County, Colorado. The property is bounded on the north by a fence line, east by a portion of an old railroad grade and a fence line, south by a fence line, and west by a fence line. (General site location map) The most significant topographic feature near the proposed extension site is the South Platte River that is located approximately 0.75 miles east of the site. The NCC #1 extension project slopes very gently to the northeast and is located on the primary alluvial terrace of the South Platte River. Little Dry Creek skirts the west boundary of the site and flows across the northwest corner of the project site. An old railroad grade forms a portion of the east boundary of the site and bisects the two southern parcels on the property. Based on a field investigation conducted by Savage and Savage on July 7, 2004 and current U.S. Fish and Wildlife Service (USFWS) interim survey guidelines dated April 27, 2004 we believe this site is exempt from the necessity to conduct Preble's trapping and has very low potential to harbor individuals or a population of Zapus hudsonius preblei for the following reasons. • 68 Peter Plage NCC Pit#1 Extension Site—Mouse Disqualification Request • Page 2 Vegetation along the banks of Little Dry Creek within the southwest corner of the site is a cattail wetland. Dense stands of cattails have very low potential to be Preble's habitat. Vegetation along Little Dry Creek north of the cattail wetland consists of a monoculture of reed canarygrass (Phalaris arundinacea) with scattered plains cottonwood (Populus deltoides) and Russian olive (Elaeagnus angu.stifolia) trees. Mostly rudural species are located upland of the creek banks. The corridor along Little Dry Creek does not include "well-developed plains riparian vegetation with relatively undisturbed grassland and a water source in close proximity" or"dense herbaceous vegetation consisting of a variety of grasses, forbs and thick shrubs" that are considered to be typical Preble's habitat according to the USFWS 2004 Guidelines. (see attached photo of Little Dry Creek) Seven sites along the South Platte River east of the site were trapped for Preble's. All seven sites along the river were trapped and Preble's were not found. A Preble's clearance from the USFWS was conferred on June 9, 1999, for the NCC Pit #1 site that is located immediately south of the proposed NCC Pit #1 Extension site. (1999 USFWS Clearance is attached) For the above reasons we request a concurrence for disqualification of this site for further • consideration as Preble's habitat and exclude the site from the trapping requirements. If you• have any questions, or we can provide additional supporting information regarding this concurrence request for disqualification for the Zapus hudsonius preblei on the NCC Pit #1 Extension site, please contact us. Sincerely, 4..V L° . Edith Savage Principal c: John Zadel,Northern Colorado Constructors, Inc. Attachments: General Location Map Photo of Little Dry Creek 1999 USFWS Clearance of NCC Pit #1 Site • 69 • • • Nee Evtcrtsior G^...•-ra' Loccetion • I, H.- .4. � 'a r x art ab&I`t,.= n-!...' F -Y�tit r. `ti.. y4 #.... -.tl k" At .e "ii'1/4 '' y Yb ","1-;:441;""'"€.- ,yam .�„' \et a'-4.§4,--, y� f + .. s to .y . „"" x `� it, §�Kro--' # ‘4447,4i --P.:- e # •. T a >< _ .t g m k v r�` 'Y J"sr( t 7 I "jure '_. ien of Liiiit. i)r, ( reel. along Ar-rth'sesi ( nrner of Proposed \( ( Pil :i f.�lension "i1 ' • 71 • 0 '' pas ggd�SOPYL7�S jlYE@►EI P eble's Meadow;limping;Mom 2004 Survey Field Data Compilatioz.Form 0 TRAPPING STuE.VEY 183. EVALUATED,NOT TRAPPED both ��^ 3 r/M�fp}}J/ 2 ��r��{.,�. {'p�jp survey,JIB,��;t s�eyc/f��pyoyr/z�•4Yu..rowut�T,ytrti}l�[a.��{t,��evaluation /� (ie. not not 7yout iY3 t b.s�i G;�'.S�.`•g �eve I�v and site�2«��i6M/ Z�c'q�`�"""'• Fig rated far updated trapped). C��tsp:7a�ra forms Sr`Z:lOtL Surveyor: nt .Iwt.� Date of atiool abstat _ ar..�• naac' PallNaatiol Oo1nga-.y S41'iL ` _,$4.44 `_ ldan (sj —�--- Mate(if a licabie)__Wc._ - ,.�,- er%hs 7Frgit-TVi. .1 P c ct D �d intersection,type etc.) P_ci Description(nearby Mzvalicla ; .S.G.S Quad N3 1.1 1.-_,S1" Co '-,m _,— ------1—'" Toat�nshi*(s)____Z I__-:.---1.1...TIM '��0 i.,..........,1_gy.e...______-___ ZDatum NAD21 a NAD w � Cie K l -- a �tY 5 'K - t' C�Y'['M.14r LC)Location ..-_•sC (J _ __{ r_ , rs� �_..___. '.�fP t7 X4"9 �� .f'e '�" . Land Ow `r' r General Habitat Description___,RIZJEgihi..ANgtai:_511AZi,e____ lR2f i]ii:'�:? 1i_S!'_L____ .�"�r •�sI .. rt'�'�''S� �y��3_' d--•-'_.�.� ---- D Oveas+oy Plant '!1ty --� f s•Q __ _- ----.- w..... ."t Uncle Cory Pb Coimaiiuty f uueat Land d Use Type:Pesmaial Stream_Drainage Name: tA '.bienm:7...i Sty __ S ON 2_ / �.es 0 Datescaf"may- Z h pt,>! •foe;n<�? Yes No Trapping Information= - a�►Pe of Bait�_ T �;f�'r'�ps •of eights Tap __— �re % Av�ahle(�spoung� .� Total i pnights cp d ,_______.---c-_ 'saroey III C ^`<icgs p^ aye a -urban per,ram,house mice) Associated Animal St�eS��Y Page 18 of 20 72 f} 7 I United States llepartnient of the Interior =; .v x ,r - _ FISH AND WILDLIFE SERVICE • •. •;, • Ecological Services 755 Parfet Stara,Seise 361 .• Lakewoad.Culo:ac o W215 taicocm,Eremlivsa : ua�Slop 654 t 2 - Brenda Mitchell Queen of the River Fish Company, Inc. 13810 North 115th Street Longmont, Colorado 8€ 501 Dear Ms. Michell: Bash on the authority conferred to the U.S. Fish and Wildlife Service(Service)by the Endangered Species Act of 1973 (F-SA), as ame Bled(16 U.S.C. 1531 er seq.),the Service reviewed the Preble's meadow jumping mouse,Zapus hsulsonius p eblei, Treble's)survey report submitted with your letter of May 11, 1999. This report regards a site on the Platte River near Ft_Lupton in Weld County, Colorado(Section 24,Township 2 South, Range 67 114/ r.). 'S The Service has developed species-specific guidelines and a reporting format for evaluation of potzatial Preble's habitat_ While your submittal does not conform-to the Preble's survey guidelines, the Service has made the determination that Preble's habitat is not present within the subject area. Thus, the Service concludes that development or other actions on this site should not directly affect the continued existence of Preble's. Should Preble's populations exist downstream from the site,actions on the site that result in significant modification of Preble's habitat downstream (for example,through alteration of existing flow regimes,or sedimentation)may be subject to provisions of the ESA. If the Service can be of further assistance, please contact Peter Plage of my staff at (303)275-2370. Sincere el1.)6az__ Carlson Carlson Colorado Field Supervisor cc: U.S.Army COE, Littleton,CO Reading file Project file Plage 1111 Rcference:Pcter/PMJMi E 999.13d 73 • EXHIBIT Soils Information According to the Soil Survey of Weld County, Colorado, Southern Part (United States Department of Agriculture, Natural Resource Conservation Service, Web Soil Survey 1.1 National Cooperative Soil Survey), there are two major soil types within the proposed amendment area: 1. Aquolls and Aquents, gravelly substratum 2. Bankard Sandy Loam, 0 to 3 percent slopes The location of these soil types is illustrated on the attached Natural Resources Conservation Service map and legend. A boring location map and boring logs by Terracon showing the soil strata on the amendment area tract have also been attached. Aquolls and Aquents, gravelly substratum This map unit is typically on bottom lands and flood plains of major streams. Aquolls make up about 60% of the unit and are dark colored at the surface. Aquents have a lighter color surface layer and make up 35% of the unit. The other 5% is Aquents and Bankard sandy loam. The soils of this land type are deep, poorly drained soils that formed in recent alluvium. The water table is at or near the surface early in spring and recedes to as deep as 48 inches in the fall in certain years. These soils are used for rangeland and wildlife habitat. Some areas have • been reclaimed by major drainage and leveling and are used for irrigated crops. These soils have good potential as a source of sand and gravel. The potential native vegetation is alkali sacaton, switchgrass, and western wheatgrass. Saltgrass, sedge, rush, and alkali bluegrass are also prominent. As range condition deteriorates the saltgrass, sedge, and rush increase. Bankard Sandy Loam, 0 to 3 percent This is a deep and excessively drained soil on floodplains at elevations of 4,450 to 5,000 feet. The soil formed in stratified recent alluvium along streams and rivers. The surface layer of this soil is brown sandy loam about four inches thick. The underlying material is pale brown calcareous sand stratified with thin lenses of sandy loam, loam and fine gravel to a depth of 60 inches. The permeability of this soil type is moderately rapid and available water capacity is low. Surface runoff is low and the erosion hazard is low. The potential native vegetation is switchgrass, indiangrass, sand bluestem, sand reedgrass, sideoats gramma, needleandthread, and blue grama. As range conditions deteriorate the tall and mid grasses decrease and blue grama, sand dropseed, and forbs increase. Undesirable weeds and annuals invade when conditions become poorer. This soil is generally not suited for the growing and growth of trees and shrubs. • M-2001-107 NCCI Pit#1 DRMS 112 Permit Amendment 74 OOEz91Y OOZZ011 GOLZ000 0002000 006,000 009L Ott OOLIV 0094900 OOSL*W " I I ) s _ -= o • 8 € 0 4. _ d yqt. - x Y Ma . -- .. ,g" r - Cn I— cC NZN ,.. .+S€ nt r = 8 !'J..e^ a - .`r sue.&.�"� r , 'e' S � S O in • P O 8 S Q N Y fir, J f j a.` � lY v v, 31 -- i - - N w1 f �i o . D 0 -' Nk --' s o co d n sJ ztiz . Zi r -::-?'',''';!_.7.4,4*,. "'. � .�,'e' .p OOEL000 00ZZ010 OOLZO>9 0002900 006114,V OO94 OOLIOVO 0001060 OOS PP 75 b 0 C N • p O a in m O 7E — co m CO a ro m L C iti m a) E o > id> t v `�mm' O O it m m Ta. rn a a dm >. Z ai m ;nm CO w a`) - m v E- C J L c C N O u j O = Z'm. l0 o o _0 m U.. C C L W C a, ':. W a) o n mEJ; CI.ct O Cw = N O) L J �; Z v= O` O o =9 OD Et Q m o U la r v t 3y o. W CO U N n COO m E. ft m m C r m a I O JO 3 Cm J O) o L O m � N Cu at EE c' ❑ Z � n g UNm E 0E ':. To as y _ _ O Q mCC E � g ° m t ❑ 2Z T m (p 0 l0 6 O U E'. Q Q m >. P2 c a V o >` m Ce O3 a) QOE a) on E'. o 2n m m mU• mot O) Lmm O m O J m O L V a) U z' 2 12 y ._ m c) tmm _ • � Z fn3 O co co co �m m 5a _ O U 3 J O W 1 CL CO J a -C Z TO to 2 m N w m Itm J v) U S O K EL a 0 I t t • N D Soil Survey of Weld County,Colorado,Southern Part RANKIN Map Unit Legend Summary • Weld County, Colorado, Southern Part Map Unit Symbol Map Unit Name Acres in AO1 Percent of AOI 3 Aquolls and Aquents,gravelly 67.7 94.9 substratum 10 Bankard sandy loam,0 to 3 3.6 5.1 percent slopes • USDA '+u,ra a...wnr+ Web Soil Survey 1.1 10/30/2006 t'^^"^. National Cooperative Soil Survey Page 3 of 3 77 Ue/Ui/It104 1C Li 9704542847 ROLL IN PAGE 04 r n I-- SZ ADM a ,erg C a8a 0 U w ₹Eil R3$ me (1 .Y ai Wsd oW 5 b N 9 m® ji. z f� C, I a , `c 0 00i o Ana hut I rt = -ci 271 air I • In ® Qm v 6 1 u d V ZZ ZOZ wt G O , C g � p N o 0 5R ,� N 2 2u Cg Z L r 6 5 0 0 w o p _ W el 0 g � p Z w r- M ® ` o � U • z t/ Vq2 O O E2 g4 p L Wp Z O L 3 z 6 p o2 0 1/4.. • 78 LOG OF PORING NC. 6-1 ....._.� Page 1 of 1 -- �_ — — CLIENT Rollin Consulting . SITE NW of WCR 18 and 25 I PROJECT Weld County,Colorado i Gravel Evaluation I l SAMPLES TESTS f 1 I 1 0 l d _• ` � oO. o f DESCRIPTION M rt I- . i z i = c w > t1O 2w Z zz `° till- o Q. m M y o 0 ' 6 c' — Z$- O C I D Z J— C a3 U 0 c Do "' ,` 0.3 \TOPSOIL 1_____^ —I CL 1A GER 27.4 t } SANDY SILTY CLAY, moist, brown -1 ML (CL-ML) 3.5 • 1 III • POORLY GRADED SAND WITH SILT, 1 f I moist to wet, brown (SP-SM) 5- SP 2A�GER 14.9-1 -•SM_ WELL GRADED SAND WITH GRAVEL, 1 ;: gravel 1"max,wet, redddish/brown(SW) - f 10-SW 3AUGER 14.7 15-SW 4A1JGER 15.0 • • • • . at 18'( gravel lens ) 20-SW 5AJGErR 11.1 - 251SW 6AUGEJR 14.4 '!27 (gravel lend at 26') f BEDROCK,claystone, moist, gray -- - ' i ^r •3n 30 1 I 7AUGER 22.4 END OF BORING I i I f I • • Try stratiFc2ron lir.es•eoresert the aDC.oxirrt to bourC_ry fines cz..?el s.: znC rC.c; lypes .--Sltu. .'e .rar,s,1.ci ma, grac 2.7-1 . 'v__ER LEVEL OBSER`,A T IONS.ft BORING STARTED 12 9,- iNL - 4.0 WD .- BORING COMPLETED 12-"'g- WL ..L 1 err acon RIG CME-75 i FOREMAN J: WL ; JOB w 21035' =` 7Q LOG OF FOR4; G NO. B-2 Page 1 of 1 CLIENT -- i Rollin Consulting 0 SITE NW of WCR 18 and 25 ' PROJECT Weid County,Colorado Gravel Evaluation I I SAMPLES I TESTS j i I • O ' O I '_ I c 1-6 o- j DESCRIPTION el ' > i z z z I ce iii_ u-,- j = ai u• ai > rn CCU.' I Z j z z a. • I L 0 . CO w O 0 0 I-Z >- 0 x a 1O a7 zr 0 � N � Z H a et sL ❑ o.j Du) l0-s TOPSOIL / ? - CL 1AUGER 19.0 LEAN CLAY, moist, dark brown(CL) _ I SILTY SAND, moist, brown(SM) - _ 5 -SM j 2AUG R 8.5 _i.. 6 WELL GRADED SAND WITH GRAVEL, gravel 1 1/2"max,wet, reddish/brown — (SW) -1 10 —SW 3A JGEEIR 11.5 15 —SW 4AdG R 13.9 • .j ;� 20 �SW 5AJGER I 13.0 ;.I -SW 6AJGER 10.5 25 ,i; 26 BEDROCK,claystone, moist, gray _ j i 1 ` - 30 30 — f 7AUGER 116.9 f I END OF BORING j I ' I • j j I I I i -1 •.Sire. ;e!:JC!:r=_ .n'rese -:'E aa:±«%:... .cte . cal ii",.=. .'.'een Sc';land roc;:'apes: ."-Sliu. the 7a7sition m be gretai. _: .�,_c'__� .SER IONS. DOPING STARTED - ' _^2-19- V;'L �'_4.5 WD BORING COMPLETED 12-19- - WL 2 ;_ a rr acon RIG CME-75`FOREMAN J: WL ..JOB Y -2' 0251 I` Rfl —_ LOG OF BORING NO. B-2 Pag: of _ CLIENT I Rollin Consulting • SITE NW of WCR 18 and 25 PROJECT Weld County, Colorado Gravel Evaluation SAMPLES TESTS 0 �, d ` o DESCRIPTION I _ 1 r I _ o "- } ccf W I — z — I u.0 i v) w >> w CW z zz Ow < w O 3_ w .. Qp U i z O S z r: n n o D a D N �j `0.5 \TOPSOIL /---- � LEAN CLAY, moist,dark brown (CL) - CL 1A�JGR 27.2 � ll//3 — i POORLY GRADED SAND WITH SILT, - 1 moist, light brown to reddish(SP-SM) `� SP 2AUG R 3.3 I 5 6 _SM WELL GRADED SAND WITH GRAVEL, I —� 1 1 i gravel 1"max,wet, brown (SW) I - I i = a lo- -SW 3AJGdR 10.3 -, Ii i - ! I = 15-SW 4A1JG R 10.0 .I - 411) :;� 20 -SW 5AJGER 8.0 I 25 -SW GAUGER I 12.5 -SW 7AJGf R I 9.7 : : 2s —SW 8AJG R 15.81 I I 'a BEDROCK, claystone, moist, gray - c I ± II30— _ I - I '35 i — i 9AJGER 25.91 1 I 8 I END OF BORING i 35 I = 1 1 I i I i I I 1 S'r2tii:-:,,n;Ines'gJrese•:t^e apprcx^,a'e bc.n.ary ins,s - .aee:. ..-. ,nC rocs ::.TES: i -ESL.the _:iiC, oe nre;.._ • :PATER LEVEL OBSERVA T IONS. ft ` BORING STARTED 12-19-0 - 4.5 ND 'i BORING COMPLETED '2-19-0 VVL '; IT __ iierracon RIG CME-75 FOREMAN JSI .`belt 'JOB# 2103511 44 LOG OF BORING NO. B- • Page 1 of 1 CLIF;'; '' Rollin Consulting 0 SITE NW of WCR 18 and 25 ' PROJECT Weld County, Colorado Gravel Evaluation SAMPLES I TESTS • { I • DESCRIPTION I > - C. z= o : )- ix w -- z — U' u-~ 2 ' _ I U! > MCCW Z ZZ Q a O I co 0_tii OQ 3 I Z )- OO w c9 a mj z � r IZ d 30 , oa zn " ''I0 5 \TOPSOIL i I 2 SANDY LEAN CLAY,moist, brown(CL) CL 1AUG9R 22.9 LEAN CLAY, moist, black with organics — (CL) — 5—CL 2ALIGER 35.1 !"6 V — '. WELL GRADED SAND WITH SILT AND - •' ,: GRAVEL, gravel 1 1/2"max,wet,brown — • +:l (SW-SM) _ �,� -SWI 3AUG R 18.9 I�;f �o-SM� 15-,'SM 4AUGIR 25.8 - • ill _ :. i: . 20=SW SW 5AUG9R 18.7 SM .r 11. (gravel lenses at 22'-26') :: i ( 1"- 1 1/2"gravels ) —'SW' 6AUG R 15.6 25- •: :{ 26 -SM I BEDROCK, claystone, moist, gray W -430 30 — i 7AJGER 29.5 END OF BORING ` I f � r I I 1 I I . I I 1 i iI . Y • T _ S' ,t:`- -. lines cJee^. _-- a¢afC\.` 004-7.27 lines ta,:.•:e.eri sail anc ract :y;:es: in-.. ,., . ;he :ra-si"3n ma j ::e.gracua: al .r''tRJ -- ' -- OSSEf WT :NS. xnR!3 STARTED c,..,-)-:c,..,-)-:Iiilz �'vL .� 6.0-W _ ;ND :1 --- BORING COMPLETED ;'_-',9-03 WL.z Illlerracon RIG CME-75`:FOREMAN JSD WL : 'JOB # 21035117 on CM/el/Z1104 14:19 9784542847 ROLL IN PAGE 05 N LOG OF BORING NO. B-5 Page l &or 1 CLIENT II SITE Rollin Consulting WCR 18 and WCR 25 PROJECT Weld County,Colorado Gravel Evaluation sAMPLES TEST$ tb 9 DESCRIPTION a S z X U_ e' i tu t Cl D U Q ).0. LLJ 0 7 2 1- Ia. m ,.U Ca z ai "a. le \TOPSOIL /____ SANDY LEAN CLAY,moist,dare brown _, (CL) •:: POORLY TO WELL GRADE() SAND s-1 WITH GRAVEL,gravel 2"max,wet, reddish brown(SP/SW) — ;• • 10--- —SW 1AUGER (gravel lens from 15 to 18 feet. ) 0 ::.::': 20—SW 2AUGE R (gravel lens at 22 feet. ) — :•:: 25— •;28 — BEPROCK.ciaystone,moist.gray — 30 END OF BORING 30 T • 0 Ye c c5 The stratification lines represent the approximate bodndsry lines between soil and rocs types: in-situ.the translUon may be gradual. N a WATER LEVEL OBSERVATIONS,ft BORING STARTED 6-30-04 N WL��s Wt) � lierracon ROR)NG COMPLETED 6-30-04WL. RIG CME-55 FOREMAN AB e WL 4 JOB# 21035117 • 83 zr,CI4 14.s.i y;eab428,1 i ROLL IN PAGE 06 LOG OF BORING NO. B4 CLIENT Page 1 of 1 • Rollin Consulting SITE WCR 18 and WCR 25 PROJECT Weld County,Colorado Gravel Evaluation SAMPLES TESTS DESCRIPTION -J � ac O I s: a, a i > t Z i En S u > N KZW Zz U ;9 }r} i al 40 CYS Z� ,.h I J Z F- al K.§ 4Fa Jrq POORLY TO WELL GRADED SAND — WITH GRAVEL.gravel 1'max,wet, 2 - reddish brown (SP/SW) - 5-- 10— 15— [[• : : (gravel lens at 16 feet. ) ; — 20_SW 1AJGER 25— p (gravel lens at 28 feet. ) - KDROCK.daystone,moist,gray = 20 —. END OF BORING — g s k o The strafilcaticn lines represent the approximate boundary lines c between soil and rock types: in-situ,the transition may be gradual. s 'WATER LEVEL OBSERVATIONS,ft BORING STARTED 6-30-04 w WL ly 2.0 WO�Y lrerrac®n BORING COMPLETED 8.30.84 2 WL I RIG CME-55 FOREMAN AB JOB# 21035117 • 84 Utt/ns/2na4 14:t3 S7t?4P426I7 ROLLIN PAGE 07 LOG OF BORING NO. B-7 Page 1 of i CLIENT • Rollin Consulting SITE WCR 15 and WCR 25 PROJECT Weld County,Colorado Gravel Evaluation SAMPLES TESTS 8 $ DESCRIPTION w te S N W J rn Kt- 0 E W 8 0 Cppl >`� 8 4 :C 'J 2 re _ Y'O Od 7w ,)1 0.5 -TOPSOIL SANDY LEAN CLAY,moist,dark brown (CL) Y i%/iY8 5 POORLY TO WELL GRADED SAND WITH GRAVEL,gravel 1 1/2"mex,wet, reddish brown(SP/SW) 10 15 SW 1A G• ■�■� (gravel lens at 16 feet.) SW 2A G-R 20 I I (gravel lens at 25 feet.) 25 BEDROCK,claystone.moist. gray 3e END OF BORING 30 C> 3 Q o The stratification line represent:he approximate boundary lines between soi and rock typos: Inds.,the transition may be gradual. s WATER LEVEL OBSERVATIONS.ft BORING STARTED 6-30-04 72 WL Ya.o WD� 1r�rr�con BORING COMPLETED 6-30-04 WL Y RIG CME-55 FOREMAN AS WL JOB# 2'.03511 • 85 HULL PAGE 38 LOG OF BORING NO. B-8 Pagel of 1 CLIENT • Rollin Consulting SITE WCR 18 and WCR 25 PROJECT Weld County,Colorado Gravel Evaluation ' &AMPLCS ) T5STS DESCRIPTION .d °w U y W 8 ;; frftk5 Y s.5 'NTOPSOIJ SANDY LEAN CLAY,moist,dark brown (CL) Y B 5— POORLY TO WELL GRADED SAND — WITH GRAVEL,gravel 3"max.wet,reddish brown (SP/SW) 10- - is—SW 1AJGER • (gravel lens from 18 to 2C feel. ) _SW 2A JGE R 2g--1-- III, 25— 7t 30— ,' BEDROCK,claystone,moist,gray S 33 END OF BORING i The stratificationYnes represent the approximate boundary fines U between soil end rock types: In-situ,the transition may be gradual. s WATER LEVEL OBSERVATIONS,ft BORING STARTED 6-30-04 WL Sr 2.5 WO = BORING COMPLETED o^-30_04 ierrac®n WL X X RIG CME-55 FOREMAN AS WL JOB# 21035117 • 86 • EXHIBIT J Vegetation Information The project site consists of pasture grass and ruderal species, with several small non- jurisdictional wetland areas and two jurisdictional wetland areas present on the site. The jurisdictional wetland areas are located in the southwest corner of the site (directly connected wetland area) and in the northern portion of the site (Little Dry Creek). The wetland areas are described in the attached delineation report by Savage and Savage and jurisdictional determination from the U.S. Army Corps of Engineers. There will be no impact to jurisdictional wetlands during the mining or reclamation activities. Extensive areas of trees were not noted; however, there are a few mature Cottonwood (Populus deltoides)trees located in the northern portion of the site. The site was surveyed for mature Ute ladies'-tresses orchids in areas where suitable habitat was observed during the wetland delineation activities. No mature orchids were present on the site. Attached is the orchid survey report by Savage and Savage and the U.S. Fish and Wildlife Service concurrence letter. • • M-2001-107 NCCI Pd#1 DRMS 112 Permit Amendment 87 • OI� �£NT .O DEPARTMENT OF THE ARMY CORPS OF ENGINEERS,OMAHA DISTRICT ` -� r DENVER REGULATORY OFFICE,9307 SOUTH WADSWORTH BOULEVARD LITTLETON,COLORADO 80128-6901 ! June 2,2005 Ms.Edith Savage Savage and Savage 4610 Haystack Drive Windsor,CO 80550.2597 RE: NCC Pit#1 Extension,Wetlands F,C,B and A,Approved Jurisdiction Determination Corps File No.200080040 Dear Ms.Savage: After a Notification of Administrative Appeals Options review by Mr.Mores Bergman,US Army Corps of Engineers Northwestern Division,Mr. Terry McKee and Mr. Scott Franklin of my office have reviewed this project on behalf of the Northern Colorado Constructors Inc.during their May 31,2005 site visit. This review was in accordance with Section 404 of the Clean Water Act under which the U.S. Army Corps of Engineers regulates the discharge of dredged and fill material,and any excavation activities associated with a dredged and fill project,into waters of the United States. Waters of the United • States include ephemeral,intermittent and perennial streams,their surface connected wetlands and adjacent wetlands and certain lakes,ponds,irrigation and drainage ditches that have a nexus to interstate commerce.Under the authority of the Clean Water Act,an approved jurisdictional determination has determined that Little Dry Creek(D)and surface connected wetland(G)are waters of the U.S. If a proposed activity requires work within the above-described waters of the U.S.,a proponent of the project should notify this office for Department of the Army permits. Approved jurisdictional determination: Based upon the ruling by the Supreme Court in the matter of Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers No. 99-1178 (January 9,2001),the Department of the Army's(DA)regulatory authority over isolated,non-navigable, intrastate waters has been eliminated if the sole nexus to interstate commerce was use of the waters by migratory birds. It is apparent under the ruling above that the DA does not have the authority to regulate work in isolated wetlands H,I,E,F,C,B and A. These wetlands are not waters of the U.S.and therefore non-jurisdictional. No permit or other authorization by the DA is required for work in these wetlands. This approved jurisdictional determination and delineation is valid for a period of five years from the date of this letter unless new information warrants revision of the determination. The attached Jurisdictional Determination form provides the basis of jurisdiction for Little Dry Creek(I)),surface connected wetlands(G)and isolated wetlands H,I,E, F,C,B and A. If the applicant wishes to appeal this approved jurisdictional determination, the attached Notification of Administrative Appeal Options form should be completed and sent to Mr. Mores Bergman at the address noted on the form. • 88 t 'd 6009 S99 E0C s eneg 4;1p3 e2c :an on an unr • Although a DA permit will not be required for work in isolated wetlands H,1,E,F,C,B and A, this does not eliminate the requirement that you obtain any other applicable Federal,state,tribal or local permits as required. Please be aware that if your client proposes to construct a project that impacts jurisdictional wetlands and a Section 404 Individual Permit is required,mitigation for Impacts to non jurisdictional wetlands may also be required. If you have any questions call Mr.Terry McKee at(303)979-4120 and reference Corps File No. 200080040. Sincerely, Ti Chief, v egulato ce tin • • 89 2 'd 9089 S99 COE a9ene S az?P3 e2s :9n Gn 9n unr JURISDICTIONAL DETERMINATION Revised 8/13/04 U.S.Army Corps of Engineers --� DISTRICT OFFICE: Omaha District Denver Regulatory Office • FILE NUMBER: 200080040 PROJECT LOCATION INFORMATION: State Colorado County:Weld Center coordinates of site(latitude/longitude):40 07 41 104 50 19 Approximate size of area(parcel)reviewed,including uplands:_320_acres. Name of nearest waterway: Little Dry Creek(D) Name of watershed: Middle South Platte-Cherry Creek JURISDICTIONAL DETERMINATION Completed: Desktop determination ❑ Date: Site visit(s) Date(s): May 21,2004 and May 31,2005 Jurisdictional Determination(JD): 0 Preliminary JD-Based on available information,O there appear to be(or)O there appear to be no"waters of the United States"and/or"navigable waters of the United States"on the project site. A preliminary JO is not appealable (Reference 33 CFR part 331). ® Approved JD—An approved JD is an appealable action(Reference 33 CFR part 331). Check all that apply: O There are"navigable waters of the United States"(as defined by 33 CFR part 329 and associated guidance)within the reviewed area. Approximate size of jurisdictional area: ®:There are"waters of the United States" (as defined by 33 CFR part 328 and associated guidance)within the reviewed area. Approximate size of jurisdictional area _5 ac S There are "isolated,non-navigable.infra-state waters or wetlands"within the reviewed area. 0 Decision supported by SWANCC/Migratory Bird Rule Information Sheet for Detemrination of No Jurisdiction. BASIS OF JURISDICTIONAL DETERMINATION: A. Waters defined under 33 CFR pan 329 as"navigable waters of the flatted States": ❑ The presence of waters that are subject to the ebb and flow of the tide and/or are presently used,or have been used in the past,or may be susceptible for use to transport interstate or foreign commerce. B. Waters defined under 33 CFR part 328.3(a)as"waters of the United States": (I)The presence of waters,which are currently used,.or were used in the past,or may be susceptible to use in "Th\ interstate or foreign commerce,including all waters which are subject to the ebb and flow of the tide. • • O (2)The presence of interstate waters including interstate wetlands'. ❑ (3)The presence of other waters such as intrastate lakes,rivers,streams(including intermittent streams),mudflats, sandflats,wetlands,sloughs,prairie potholes,wet meadows,playa lakes,or natural ponds,the use,degradation or destruction of which could affect interstate commerce including any such waters(check all that apply): ❑ ()which are or could be used by interstate or foreign travelers for recreational or other purposes ❑ (ii)from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ❑ (iii)which are or could be used for industrial purposes by industries in interstate commerce. ❑ (4)Impoundments of waters otherwise defined as waters of the US. ® (5)The presence of a tributary to a water identified in(1)—(4)above. ❑ (6)The presence of territorial seas. ❑ (7)The presence of wetlands adjacent'to other waters of the US,except for those wetlands adjacent to other wetlands. Rationale for the Basis of Jurisdictional Determination(applies to any boxes checked above). lithe jurisdictional water or wetland is not itselfa navigable water of the United States,describe connection(s)to the downstream navigable waters. If NI)or B(3)is used as the Basis of Jurisdiction,document navigability and/or interstate commerce connection (i.e.,discuss site conditions,including why the waterbody is navigable and/or how the destruction ofthe waterbady could affect interstate or foreign commerce).If B(2,4,5 or 6)is used as the Basis of Jurisdiction,document the rationale used to make the determination.IfB(7)is used as the Basis of Jurisdiction,document the rationale used to make adjacency determination: Little Dry Creek flows to the South Platte River. Wetland G is surface connected to Little Dry Creek. Lateral Extent of Jurisdiction; (Reference:33 CFR parts 328 and 329) al Ordinary High Water Mark indicated by: E. High Tide Line indicated by: ❑ clear,natural line impressed on the bank O oil or scum line along shore objects ❑ the presence of litter and debris O fine shell or debris deposits(foreshore) ❑ changes in the character of soil O physical markings/characteristics O destruction of terrestrial vegetation O tidal gages ❑ shelving O other: ❑ other: O Mean High Water Mark indicated by: ❑survey to available datum; ❑physical markings;❑vegetation lines/changes in vegetation types. .` zeal Wetland boundaries,as shown on the attached wetland delineation map and/or in a delineation report prepared by. Savage and Savage 90 E d 8089 S99 COE a9eneS t41TPR epe :Rn en an unr 2 • • Basis For Not Asserting Jurisdiction; ❑ The reviewed arca consists entirely of uplands. ❑ Unable to confirm the presence of waters in 33 CFR part 328(ax1,2,or 4-7). ❑ Headquarters declined to approve jurisdiction on the basis of 33 CFR part 328.3(4X3)- la The Corps has made a case-specific determination that the following waters present on the site are not Waters of the United Stales ❑ Waste treatment systems,including treatment ponds or lagoons,pursuant to 33 CFR part 3283. ❑ Artificially irrigated areas,which would revert to upland if the irrigation ceased. ❑ Artificial lakes and ponds created by excavating and/or diking dry land to collect and retain water and which are used exclusively for such purposes as stock watering,irrigation,settling basins,or rice growing. ❑ Artificial reflecting or swimming pools or other small ornamental bodies of water created by excavating and/or diking dry land to retain water for primarily aesthetic reasons. ❑ Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose of obtaining fill,sand,or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water meets the definition of waters of the United States found at 33 CFR 328.3(a). ® Isolated,intrastate wetland with no nexus to interstate commerce. ❑ Prior convened cropland,as determined by the Natural Resources Conservation Service.Explain rationale: ❑ Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale: ® Other(explain): Wetlands H,1,E,F,C,B and A are not surface connected to Little Dry Creek or considered adjacent. They are surrounded by uplands. DATA REVIEWED FOR JURSIDICTIONAL DETERMINATION(mark all that apply): ® Maps,plans,plots or plat submitted by or on behalf of the applicant. ® Data sheets prepared/submitted by or on behalf of the applicant. ® This office concurs with the delineation report,dated_May 10,2004 ,prepared by(company):Savage • ' and Savage ❑ This office does not concur with the delineation report,dated ,prepared by(company): ❑ Data sheets prepared by the Corps. ❑ Corps'navigable waters'studies: ❑ U.S.Geological Survey Hydrologic Atlas: El U.S.Geological Survey 7.5 Minute Topographic maps:platteville 0 U.S.Geological Survey 7.5 Minute Historic quadrangles: ❑ U.S.Geological Survey 15 Minute Historic quadrangles: ❑ USDA Natural Resources Conservation Service Soil Survey. ❑ National wetlands inventory maps: ❑ State/Local wetland inventory maps: ❑ FEMA/FIRM maps(Map Name&Date): ❑ 100-year Floodplain Elevation is: (NGVD) ❑ Aerial Photographs(Name&Date): E( Other photographs(Date):unknown 0 Advanced Identification Wetland maps: Site visit/determination conducted on:May 21,2004 and May 31,2005 Applicable/supporting case law: El Other information(please specify): t Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual(87 Manual)(i.e., occurrence of hydrophytic vegetation,hydric soils and wetland hydrology). 'The term"adjacent'means bordering,contiguous,or neighboring. Wetlands separated from other waters of the U.S.by man-made dikes or barriers,natural river beans,beach dunes,and the like are also adjacent. • 91 I 'd 13OO9 S99 COE a2eneB LI11P3 ees :9O SO 9O unr NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR • APPEAL Applicant: Northern Colorado Constructors Inc. I File Number: 200080040 Date: June 2,2005 Attached is: See Section below INITIAL PROFFERED PERMIT(Standard Permit or Letter of permission) A PROFFERED PERMIT(Standard Permit or Letter of permission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I-The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://usace.arrny.mil/inet/functions/cwicecwoireg or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit • OBJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein,you may request that the permit be modified accordingly.You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice,or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter,the district engineer will evaluate your objections and may:(a) modify the permit to address all of your concerns,(b)modify the permit to address some of your objections,or(c)not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections,the district engineer will send you a proffered permit for your reconsideration,as indicated in Section B below. • B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit • APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein,you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. • D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety,and waive all rights to appeal the approved ID. • APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved • 'ID(which may be appealed),by contacting the Corps district for further instruction. Also you may provide i new information for further consideration by the Corps to reevaluate the JD. 92 g d 8089 S99 E0E a2enes yltpj eES :A0 S❑ 9n urur SECTION II-REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in dear concise statements You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) • ADDITIONAL INFORMATION:The appeal is limited to a review of the administrative record,the Corps memorandum for the record of the appeal conference or meeting,and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may process you may contact also contact US Army Corps of Engineers Timothy T.Carey Northwestern Division Chief,Denver Regulatory Office Attn:Mores Bergman,Appeal Officer 9307 South Wadsworth Boulevard 12565 West Center Road Littleton,CO 80128 Omaha,Nebraska 68144-3869 (303)979-4120 Telephone(402)697-2533 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,and any government consultants,to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day -Th notice of any site investigation,and will have the opportunity to participate in all site investigations. • 93 9 'd 8089 S99 E0E a9enec U1tD7 ecc :on en on unr 1y Savage and Savage practical solutions for environmental issues 4610 Haystack Drive 970 674-8080 telephone Windsor,Colorado 80550-2597 970674-8088 facsimile May 10, 2004 Terry McKee U.S.Army Corps of Engineers 1 9307 South Wadsworth Blvd. Littleton, Colorado 80128-6901 Re: Corps Concurrence Request for Northern Colorado Constructors Inc. NCC Pit#1 Extension Project Wetland Delineation, Weld County, Colorado NCC Pit#1- Corps File No. 200080040 Dear Mr. McKee: On March 29 and April 26, 2004 Savage and Savage staff conducted a wetland. delineation at the NCC Pit #1 extension project site located in Weld County, Colorado that is slated for mineral extraction by Northern Colorado Constructors Inc. Savage and Savage was contracted by Northern Colorado Constructors Inc. to delineate the proposed development site thought to contain potential waters of the United States and potential wetlands. The extension site contains approximately 70 acres located within a part of the NE''A of Section 24 in Township 2 North,Range 67 West of the 6'h prime meridian, Weld County, Colorado. The property is bounded on the north by a fence line, east by a portion of an old railroad grade and a fence line, south by a fence line, and west by a fence line. A survey for wetlands and waters of the United States was conducted within the NCC Pit#1 extension in Weld County, Colorado on March 29 and April 26, 2004. A surface water drainage skirts the west boundary of the site and flows across the northwest corner of the site (feature D). Feature G is a cattail marsh wetland that is adjacent to the surface water drainage. Both the surface water drainage and the cattail marsh wetland are jurisdictional features within the site. Wetlands depressions A, B, C, E, and F are all isolated depressions that are not adjacent to or connected to the any tributary system. Features H and I are isolated surface swale drainages that are not connected to a tributary system or adjacent to a tributary system. All of the wetland depressions within the north portion of the site and both isolated surface swale drainages east of the cattail wetland marsh are nen jurisdictional wetland features of the site. Attached is 1JSACti correspondence dated March 9, 2001 finding no permit is required for the NCC Pit #1 and the NCC Pit #1 extension wetland delineation. • 94 Terry McKee NCC Pit#1 Extension Page 2 If I can provide additional information or clarification for this concurrence request,please call me at your convenience. Sincerely,tc,' •-nliC(."___ 6 C.A.J Edith Savage Principal attachments: NCC Pit#1 USACE correspondence March 9, 2001 NCC Pit 111 Extension Project- Wetland Delineation "'Kohn Zadel, Northern Colorado Constructors Inc. I I 1 I N I • 95 may: wt: °.C .P,•,E_;:' : : , ,LA. ,1i' i 4 3, Jc.:, CORPS OF ENGINEERS,OMAHA)1S TRIM' _ a fix?,' xs DENVER REGULATORY OFFICE,9307 SOUTH PLATTE CANYON ROAD to ''`'-›. '',,,e...40) Li ITL ETON,CO 80122-090 I ! \' .,_,-. ul:�`M March 9,200I IP Ms.Brenda Mitchell Queen of the River Fish Company,Inc. 13810N. 115th Street Longmont,CO 80501 IRe: Department of the Army Application No.200080040 Northern Colorado Constructors Aggregate Mining, Weld County, Colorado IDear Ms.Mitchell: We have reviewed your request,on behalf of Northern Colorado Constructors,Inc., for I Department of the Army(DA)authorization to impact a total of 26.4 acres of wetlands and waters of the U.S near the South Platte River in connection with surface mining of sand and gravel. The project is located approximately 3 miles northwest of Fort Lupton near the South Platte River in Section 24, Township 2 North,Range 67 West in Weld County, Colorado. Based upon the ruling by the Supreme Court in the matter of Solid Waste Agency of Northern Cook County v.U.S.Army Corps of Engineers,No. 99-1178 (January 9,2001), the DA's regulatory i jurisdiction over isolated,non-navigable,intrastate waters has been eliminated if the sole nexus to interstate commerce was use of the waters by migratory birds_ It is apparent under the ruling above that the DA does not have the authority to regulate work in the area reflected in your application. Therefore, i no permit or other authorization by the DA is required. . • Although a DA permit will not be required for the that you obtain any tither applicable Fed project this does not eliminate the requirement y ions from the on �'state,tribal or local permits as required- Please note that original plans and specifications of your project could require other authorizations from this office. If any endangered or threatened species or its critical habitat exists within,or near,the project boundaries,you are urged to contact the U.S.Fish and Wildlife Serrvice. If you have any questions concerning this verification,please call Scott Franklin at(303)979- 4120 and reference File 200080040. Sincerely, 4, T .othy T. arey Chic , 0:. Re Into •ffice Copies Furnished: U.S.Fish& Wildlife Service Colorado Department of Public Health&Environment Environxnertal Protection Agency Colorado Division of Wildlife Z0Wb0040-no permit rcgd.doc • 96 NORTHERN COLORADO CONSTRUCTORS INC. MI NCC PIT#1 EXTENSION PROJECT WATERS OF THE UNITED STATES IDENTIFICATION I AND JURISDICTIONAL WETLAND DELINEATION WELD COUNTY, COLORADO I i z ..,„.,"-?,:x"dza ,,, , Baer M-- - } K' E J/ Z` Y ` _. 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E- P 4�x • 4 s •S �'Y %i P� F' as5h i•�+ u; 4"`�+, rr' 's r` °ct e+. m 3 .'* .- .. .". Fkar-sue' ., r r --,.,,,,,,--,-,,-.5-.,,,, s,,c,s. x mea. .O/F ';.•. v 3. '..;, ..w'A, I iPrepared by: Savage and Savage, Inc. 4610 Haystack Drive VWindsor, CO 80550 970 674 8080 voice 970 674 8088 fax May 2004 I. 1 97 1 TABLE OF CONTENTS U Page EXECUTIVE SUMMARY 1. INTRODUCTION 1. SITE CHARACTERISTICS 2. STUDY METHODS 4. RESULTS 4. SUMMARY AND RECOMMENDATIONS 5. LITERATURE CITED 6. FIGURES 7. APPENDIX 15. FIGURES 1. NCC Pit#1 Extension Project Site Map 2. NCC#1 Extension Wetland and Waters of the United States Features Map 3. NCC#1 Extension Topographic Map of Surface Water Drainage g 4. Feature D—Surface Water Drainage 5. Feature A—Wetland Depression 6. Feature F—Wetland Depression 11 7. Feature G—Cattail Marsh Wetland I I 98 EXECUTIVE SITMMARY t Savage and Savage conducted a jurisdictional wetland delineation March 29 and April 26, 2004 within the boundaries of the Northern Colorado Constructors Inc. Pit #1 extension_ The site was evaluated for the three jurisdictional wetland criteria;hydrophytic vegetation, hydric soils, and a hydrologic regime indicative of inundation or saturation. We concluded: • The surface water drainage that skirts the west boundary of the site and • flows across the northwest corner of the site(feature D) originates south of the proposed extension site and flows north into the South Platte Rivet Recently, Terry McKee of the U.S. Army Corps of Engineers inspected the surface water drainage, and concluded that the surface water drainage was jurisdictional as a result of alterations to the drainage. This feature comprises 0.16 acres within the project area. • Wetland depressions A, B, C, E, and F are isolated features that are not adjacent to or connected to a tributary system. These isolated depressions are located within the north portion of the site_ • Feature G is a cattail marsh wetland located at the southwest corner of the extension area and is connected to the surface water drainage discussed above(feature D). The cattail marsh wetland is jurisdictional as a result of its connection to the jurisdictional surface water drainage. The cattail 4 marsh wetland (including the portion of the surface water drainage in this area)comprises 2.75 acres. • Features H and I are surface swale drainages. These features are not connected to a tributary system and are not adjacent to a tributary system Both of the surface swale drainages are located east of the cattail marsh wetland (feature G). INTRODUCTION Savage and Savage was contracted by Northern Colorado Constructors Inc. to delineate the NCC Pit #1 extension that might contain waters of the United States and wetlands. The extension site contains approximately 70 acres located within a portion of the NE/.of Section 24 in Township 2 North, Range 67 Wcst of the 6th Prime Meridian; Weld County, Colorado. The property is bounded on the north by a fence line, east by a portion of an old railroad grade and a fence line, south by a fence line, and west by a fence line. The project site is depicted on the attached general location map. (. NCC Pit#1 Extension Jurisdictional Wetland Delineation and Determination Page I 99 11. The purpose of this delineation was to identify and map wetlands and Waters of the United States within the site in conjunction with final planning and permitting prior to expansion of the NCC Pit#1 site. Savage and Savage conducted fieldwork March 29 and April 26, 2004. The wetland delineation is depicted on the attached NCC#1 Extension Wetland and Waters of the United States Features Map. A topographic map is also attached that indicates the overall location of origin, and character of the surface water drainage that skirts the west boundary of the site. L sin CIIA.RACTERISTICS Topography and Geomorphic Features The most significant topographic feature near the proposed extension site is the South Platte River that is located approximately 0.75 miles east of the site. The NCC #1 extension project slopes very gently to the northeast and is located on the primary alluvial terrace of the South Platte River. A surface water drainage (feature D) skirts the west boundary of the site and flows across the northwest corner of the project site. An old railroad grade forms a portion of the east boundary of the site and bisects the two southern parcels on the property. Features A,B, C,E, and F are topographic depressions. located within the north portion of the site. Features H and I are surface swale drainages located east of the cattail marsh wetland in the southern portion of the site. Vegetation Four vegetation communities characteristic of wetlands within the site can be broadly categorized as surface water drainage Lunge, depression, cattail marsh wetland, and surface swale drainage. The surface water drainage vegetation community skirts the west boundary of the site and crosses the northwest corner of the site. Several small depression communities and one larger depression community are located within the north portion of the site. Two surface swale drainage vegetation communities are located east of the cattail marsh wetland. Vegetation along the surface water drainage fringe is dominated by reed canarygrass (Phalaris arundinacea) and curly dock (Rumex crispus). This vegetation type comprises a narrow linear band averaging three feet wide on either side of the channel. The small depressions(features A,B, C, and E)located within the north portion of the site have similar vegetation communities. Vegetation within the depressions is dominated by thee-square (Scups americarms), meadow foxtail (Hordeum jubatum), and plains cottonwood(Populus deltoides). N NCC Pit#1 Extension Jurisdictional Wetland Delineation and Determination Page 2 100 aVegetation within the larger depression(feature F) located in the north portion of the site has a tremendously varied vegetation community that includes three-square, smartweed (Polygonum lapathifolium), tule (Scirpus acutus), Baltic rush (Juncos balticus), wild licorice (Glycyrrhiza lepidota), plantain (Plantago major), cattail (1)pha latifolia), meadow foxtail, coyote willow (Salix exigua), and peach-leaved willow (Salix 11 amygdaloides). The cattail marsh wetland (feature G) consists of a monoculture of cattails (Typha latifolia). Two surface swale drainages (features H and I) are located east of the cattail marsh wetland and are dominated by a mixed herbaceous wetland vegetation community. The vegetation community includes reed canarygrass, medow foxtail, and curly dock Hydrology The most significant hydrologic feature adjacent to and within the site is the surface water drainage that skirts the west boundary of the site and flows across the northwest corner of the site. The surface water drainage originates south of the extension site and flows north of the site into the South Platte River. A cattail marsh wetland is located within the southwest corner of the site. The cattail marsh wetland is an arm of the surface water • drainage that skirts the west boundary of the site. IV Soils Soils within the area of interest are representative of their genesis and topographic position_ The Natural Resource Conservation Service (USDA, 1980) identified two soil map units within the project site. The soil units present are aquolls and aquents and Bankard sandy loam. Aquoll and aquent soils are the dominant soil type on the NCC Pit #1 extension site. These soil types are found on bottom lands and flood plains of all the major streams in the area. They are deep, poorly drained soils that have formed in recent alluvium. Aquolls (60% of the unit) have a dark colored surface layer. Aquents (35% of the unit) have a light colored surface layer. In both the surface layer is loam or clay. In places they have a gleyed layer in the underlying material. These soils are underlain by sand or sand and gravel within 48 inches. Aquoll and aquent soils are defined by the U.S. Army Corps of Engineers(USACE, 1987)as hydric. Bankard sandy loam is found in small inclusions on the site within the northwest corner and along the southern boundary of the site. Bankard soils develop in flood plains of srratified recent alluvium along streams and rivers. They are deep, somewhat excessively drained soils. Commonly these soils have a brown sandy loam surface layer about four inches thick which is underlain by brown calcareous sand with lenses of sandy loam, loam, NCC Pit#1 Extension Jurisdictional Wetland Delineation and Determination Page 3 101 and fine gravel to five feet. Bankard soils are not listed as hydric by the U.S. Army Corps of Engineers(USACE, 1987). STUDY METHODS Northern Colorado Constructors Inc. provided Savage and Savage with a map that identified and located the property boundaries and adjacent surrounding areas. Upon 411 arrival at the site, the study area boundaries were driven and walked, and the character of the area was established. After establishing the boundaries and reference points for mapping purposes, a jurisdictional wetland delineation was conducted. The survey and delineation were conducted in accordance with the requirements of the U.S. Army Corps of Engineers Wetlands Delineation Manual (USACE, 1987). To determine the areas are subject to Corps jurisdiction, three criteria were evaluated: (1) evidence of a hydrologic regime reflecting saturation or periodic inundation by surface or ground water of sufficient duration and frequency, (2) soils which are considered hydric by classification or field characteristics indicating anaerobic conditions, and (3) a prevalence of vegetation typically adapted to areas of wetland hydrology and soils. U.S. Army Corps of Engineers Data Sheets are found in the appendix Dominant individual plant species were identified, and their wetland indicator status was assessed at each potentially jurisdictional wetland (UMFWS, 1988). Evidence of the hydrologic regime at the sample point was collected and evaluated. Soil units. were Ridentified from the Soil Conservation Service (USDA, 1974). Color photographs of the potential wetlands were taken and are being maintained in the permanent data file, with relevant photographs included in the Figures section of this report. RESULTS Jurisdictional Waterway A surface water drainage skirts the west boundary of the site and flows across the northwest corner of the site (feature D). The surface water drainage originates south of the proposed extension site and flows north into the South Platte River. This feature(and the wetland fringe along the banks) comprises 0.16 acres within the project site and was concluded to be jurisdictional by Terry McKee of the Corps of Engineers. II I NCC Pit#1 Extension Jurisdictional Wetland Delineation and Determination Page 4 102 Jurisdictional Wetlands Feature G is a cattail marsh wetland that is connected to the surface water drainage discussed above (feature D). The cattail marsh wetland is located within the southwest corner of the site. The area of this feature is 2.75 acres (including the surface water drainage channel through the cattail marsh). Non-Jurisdictional Wetlands The interpretation of what constitutes jurisdictional wetlands and waters of the United States was altered by a United States Supreme Court decision (Solid Waste Agency of Northern Cook Coun US Arm Co s of Engineers No. 99-1178 (January 9, 2001)). In order to be regulated, one of two criteria must be present in determining whether waters or wetlands fall under the jurisdiction of the Corps; first the wetland or waters must be surface connected to tributary waters of the United States, or second, the wetlands or waters must be adjacent to tributary waters of the United States. (�"A Wetlands depressions A,B, C,E, and F are isolated depressions that are not adjacent to or connected to a tributary system. These isolated depressions are located within the north portion of the site. Features H and I are surface swale drainages. These features are not connected to a tributary system and are not adjacent to a tributary system. Both of the surface swale drainages are located east of the cattail marsh wetland (feature G). SUMMARY AND RECOMMENDATIONS A survey for wetlands and waters of the United States was conducted within the NCC Pit#1 extension in Weld County, Colorado on Match 29 and April 26, 2004. A surface water drainage skirts the west boundary of the site and flows across the northwest corner of the site (feature D). Feature G is a cattail marsh wetland that is adjacent to the surface water drainage. Both the surface water drainage and the cattail marsh wetland are jurisdictional features within the site. Wetlands depressions A, B, C, E, and F are all isolated depressions that are not adjacent to or connected to the any tributary system. Features H and I are isolated surface swale drainages that are not connected to a tributary system or adjacent to a tributary system. All of the wetland depressions within the north portion of the site and both isolated surface swale drainages east of the cattail wetland marsh are non-jurisdictional wetland features of the site. The southwest drainage (and adjacent wetland fringe) comprises 0.16 acres within the project site. The cattail marsh wetland (and surface water drainage channel within this area) comprises 2.75 acres within the project site. We recommend obtaining a concurrence from the U.S. Army Corps of Engineers Omaha District for the waterway and wetlands within the NCC Pit #1 extension project. • NCC Pit 41 Extension Jurisdictional Wetland Delineation and Determination 103 Page 5 H LITERATURE CITED Kollmorgen Instruments Corp. 1992. Munsell®Soil Color Charts. Newburg, NY U.S. Army Corps of Engineers. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1. Department of the Army, Waterways Experiment Station, Vicksburg, Mississippi U.S. Fish and Wildlife Service, 1988. National List of Plant Species That Occur in Wetlands: Central Plains (Region 5). U.S. Department of Interior, Fish and Wildlife Service Research and Development, Biological Report 88(26.5),Washington,D.C. U.S. Department of Agriculture, Soil Conservation Service. 1980. Soil Survey of Weld County, Colorado, Southern Part. U' a U. LIID U U U ,7 NCC Pit 11 Extension Jurisdictional Wetland Delineation and Determination Page i..,�j�!�} 1 �_I > !� � ----..�.it. j S �.9` —' 1 / _~\gyp- �" ril -"EI ♦•r' \ ..-- I t \....L_ . C'4856 q'Ir)77 11 p 1 ��1 r !!55 I.• 1 :P.- —) 4 - . -‘;':-.:2 r.. . 1 -1 ,_A.y3.41s.t'-> : .. (' . N.: i - . -I-1i ,:.;I. t \\ •. . _ ' ,!} 1 % 'mod- .. 4 - .. . .. ,.. ...,.. . . . . - ,. - ... _!;--- ::?„it.,..:7:.. . . ,... . ‘, F-• 4., Fes ,,-_ . -. :, r.-_, -,-.,•-. ...•-• ....., ,,,,i.:;,.A,, 1 , •,',.. :. .. .. • . ... . , .: - .. ..-.::,.., . . .. 4: _ •/ ..,. • ' . , , : . �.it z; . . . • ...' ic..?o rc 1. ;+kti r \ • fir .i 4,17' . .t. • "•.' • . ,.. :i•'• 't • ' :' '..--. . - - ' .:.1,-..:: --.:,,, '.7-':':, -:. .'•,::.::,H.:.::•••;•..*::;..--: :.'"„ " . . ''S.:•.'":7`.-1::: !.!:-.Z;t?.:7.:7•: J • 4 02 pI/' 13 • t5 ry� td y J t l� t I •�,l•1 -J 1t),, Y, r _ ,I1 —F .... .-: 123, :: .. :,:;. 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" 3 I r r '�i / �p d� c�' �1GS iE ✓C' T lY• 5 ♦ }�•`V / A .QF^YN ® T. '}JI�i E''"11$t R'?R g s ....•U-. .47,--.„1 e �( .l l / I b�.e �/l l ! YI ,g,�N F 'fT 89 3 Ft�..Yl ..a , \ r it a y 'x / , 1717' „;�3 ( ! ( ,\%c ) ) =I ( i t I - s1 1 )r,' I ', ..- Q qt '7` § 4.', ""st ;.,-Lc� 9 . 'Cy'₹r a2 ,4." pn ktA r"t .: -5ta�.t* "�'�«" ,:, 5Y 4 IP ,,r,_.,,,A , ,.....,_,4.,:_.„4,„..„44,.._ f.,4•.:.r,i.„24,,,,,te,,,,,te.,E,),4$e.iiiit,i,s7.4?2,4,24,:,:it,t_:,..„,,,,itit,,tif,ceix...itiv,:z7ask,tr )%ei„::::::::_:„.,?,. ..,:: 6..„v.h.:.,3.,,,,isa 2 2 �+.� S tom. �,,exiv. " ..7 4f-^ tasvi,44 -s x ,-0 v 2e `ae Z“,ri, c ,�, S eS n - t '0 t f,t. y"R ar ,<r3t srizz + x-LAc k '., JA „- �K� "� £-.�'k�-• -fir^' ,'x a2,:;',5,---t.5.,-,;--.-..:,7g,-,74t,•-.., rtu�.. +.. 1 i J-z.-d s'� �r+� ° `{ '�- s L v. T #-f t ,' 1 P4 ,�'t�u}'` --S s c �r �'�.,,t 1',S r` et ttTiT "1 f .E' , g 7. £r 'C �:: + i �stJ"� 14* 4 `sIll � i r )s)3h'. 7r�p �:#isr.-i," 'ak 3 stsfi"�% s r fi-s�c'' q> ct�I"`�� ,/: �eNl ''`'el --#-b-,-/- F��a �3 �.��, z+�n tti��- z s� >8»� y X�y � tC _,',4,,C_ ✓ r 7 9 rr. Yr5 ireil r9 2r �' ✓0)uz- :A4-'„ +o S2 w'-:,-.H' a '�-� i ! 1 f rte"-.- 1e a't c , Y i:zil �.it I 'I, 4 tie.x' t ,c4 ; :ii;'Y t „-, 4#L.4 f✓rev j/� � JY f u fE,� .: 5i3 5 ,r'�.4., MA14:14P �t f i r r 'ka yy r(�i` S -r � w tr Il ,.�-^�i" iI �3. �Y � �i i .( �� 4 , TM +r.. x ",.'d'Hk I 2 �r�yy��;"r�a_ rR-..�u F- l d st ,' .fi v / ` : '5f' �4 .10-' -- >iPJ,�rr c v r xt k Rtfl� si.l e yr4ry -�} i1 s}A -n.k ry°.t, ,:e4 a: ::1 3 rA ' �t z ��f x1 I r .M^''s�Q�J� c.'ta t.zi '`'S.. J A,w. �` - ti qS`?f`/ ] .".f .. t -ty: i ,, 2�}., .'k. F d wi� c.r I+ ;c"x +a .r-ts,r 'X- inn. A `- " �.'.„, , {`It7. 1I1, "\,,,,t S�.'A'� •r, yy J- s rt 9� '',. z. .---77,r i „ A-c �a t � f ,;t'b ply Ff .e sr el i.,vz 4ut, ; 'hi s O t-ry ;ti'� t7v _ - r Y' . ✓ 'J ✓ Y 'ti X CA .F• illiFigure 4. Feature D—Surface Water Drainage I I I I I I I lib 108 iii At ,ebb- s-; b.n.».4 is ".sfr 4 - ea '- N r 3 -- ap . •s fk'>'i i E. • atts nststr s`5 <� ^` ` 'sr " g Y +�+ 4 a r k *Is -x s`b' '5''`<v'' fi.� '�, x< pkr ^' r'*. "e'` n. n "r .�,, - r u r' ..x s� 'i r a q r ,,, .4-1 ."-S r<h`' i , :41,6z2--,- -,w,N ft, 33 F ' s• A, -a e, '.v:u -p_ � 3.. •a,, ---1 3- �y� n,_ 1 F F . i sAkc -i3 'tom a -- i�y� .� k q.e'r-0. tip- ,aRi n„ - l'4:7�'" S' ' .�"}.';w».` Ste` t. r 1 b' F-r,-- i. ''1Hw -::;;t`W y u- � i� 1e .. i 4' +stkr,r- i t- z!� ,•zy Is yam, ...�� ] r-s.t`n_ .• �a3" '',.- sss.� rka�i E'r s' yr x,dr.,.._, . ...„,. ..„4._.„,_ r "• 'i >° y cat' ..� + ir' ! ¢e� Y .M. ifs + .ti��.y��a.i:K' -A - e r"ffRa'9r 2-r y Kz'�--sVzI , '.7 ,f``.« _r-1 i 7 a � it r raw C ` .rt3 t -v+ ,4 n{ fy,,, y .„ C's , f l j , S: to >: 7er-t}r, 7-,J _ t'�y5 .`y,,H is r a-„' .a.. t ,( 0.i' ,,,i,s it sia \ f• f f> L '='eae .rr � .� / � i'- }rte '^a`{ ti� t e s 'P''�,�L �`'�. t '�t�A � ;��N '" � �.� ,: .< . Y^-„`F7 -r St f 'Je '�A a r� � 1..5-nom fps' ::vaaa t k,:::,: s'r<tk c �„' a� ' -� —"7 "^ o`j'� tf+ js� � y'STI > ,,. 'k1„ K•�-.,t. +t.�j°�tis ar, > 3,� K a,„i isv �3 a, X44>" ,„w r r K z1 z5, s A � - - - -., rh .fit- ' " `.fit>'�a < k.. t,/' yl <�^ ��j (x a r t`'^'" Y,+f, {�°'Xk� "7a*?' J" r r '� � " "}' � �� .� '• 'Y' q(��.-nom• Fa0? Jrp / �L t91 ' ^'t'N f 4 t yJ"i�nj'_' .. `E +tG 'b / 42• ..-7 / p-p `tits-i mow- ' �S .sue . p `Nr7 a' 1 "iu '^„f a fiF7,a; '¢ stt� ` s y`" ...,,, -5.' s,:- $°-+`v+� X ,s ,aai' /X'n�.r'�' ��C'{f;5i � �•' ' 9`^" '`� id`` ''- 4 Figure 5. Feature A—Wetland Depression I 4 4 3 4 4 dill Ill 109 it yh'" .5"° s > +c 't `A�� r� # .»• rJt41 w.-17 z.rav „hee ik5 f a �. �n r J.w f: yj .k ri p &tit s � -.�+T �a"f'; c" fir F..f' ^'ni€t --a4-., 4t) C•r�„ g- ,„,:?A y4, t .F � � r;k T3:'z'ha� ' ar ris.,,Ill 1? .s f nr .� . T.C. 3 r _ s� �t r i .ra e '4hi{ '° :4,61-c R .k.'-'‘ r ^-lei r '',2 R,- 's_ s ws4. aR� n'3�': rn e -,a��,s' �. ' e'i`:'x ��' F... � j At▪ fhri , 7-i4,1.,--r$ 3'., �Y � 3 f `t'�ads R e�.▪ "3Y'rge viA;In+v L r 3rd f�,11�,,g••:, by iq q"�Fvsatks'yav ,t .� .i t,k, r �Y 'dr I K 'a r , t� .. kJ rte; S . r} `� �Tx.� .t�A.:'�� u�.. i l��rwTRLi J�� r��,�KY �3�•s�F7`'�+�ry. �� P� 4`tat,"` ._. 4....„, 'r�,.'",, lm*r,.'�_ .„,„,,,,...„...„:„.....;.4.„,„„:„ ..„,„:„.., ..:4,„.i...3, �q •:„..._,,,,,,,,a.„.0.,,42... ..:4 ^� �.,G y- }� .� rr-P't t� -'. ,•4 V a FJ.k'.r"2v..a� ^'y,,xpt Fzi9>Hf7t y 'iv#- ! } � i ?T . i f Zs}f''w T(1 e *,14� -:y xis 64`41•✓%�.r� .:7- ? �!LP{ r f.4,2,,,,.,....,4....2„,......-" m . {n r ✓;rr�..; am. i yr, 'e • _ _` 'k:L�zfp5:;n} -t::; -K`{c. �✓•' r:t4�J' >,r7: -,t ' ue 2-• rr z_� F y . ei:.t i i � r �o : j�'.1,▪1 r x'x if "^',, zs5 .s ^Ys'ri 4^.Ys"r' iwx- � # •a Y ,4 pP p� '�, ▪_ � Sf` fi� y_/ Yf .'i1S" ` "'`^f� > 3 Tom . il4f-, > I'C t 1 f � L ri '; 4 Cc 7 r h II •,+ 7.te.Y"t v<ti'- �i: s-v,-,-(1!i;`a .0.5� r2� � 3 rtt.. 46' 1'" `,''''•• [7� r 3� S -�p x-'S f Y 5- s 1 v.` a �wts x 4, 'v. yxl ..� tx,X'',.yrT.t 'a'ir F'. • y/I £� TCw .8 �• w .^F.. _ -r y.Sx3. Cr' Ga GIla r..T<;r ., +' n v& x f ..+. >; .."ry +ate'. - _ rah . 'da'•`; e t•J r r P r'i;-1 Figure 7. Feature G—Cattail Marsh Wetland its 0 II I 1 110 If _5,Act DATA FORM ROUTINE WETLAND DELINEATION I�. (1987 COE Wetlands Delineation Manual) Project/Site: Net- 1 N�teh1 Date: t '2% 26°4Applicant/Owner.. ‘4.C.4%.01-444.1:1:5C •S"ct?ve•r S, County: vJ � Investigator t,A;,t Grp, .LAvtatR., '"s" State: cLt> fi() ElDo Normal Circumstances exist on the site? es No Community ID: .Q-lfizerea Is the site significantly disturbed(Atypical Situation)? Yes oo Transect ID: : Is the site a potential Problem Area? Yes � -' Plot ID: ES (If needed, explain on reverse.) • Ell VEGETATION Dominant Plant Species ' Stratum Indicator Dominant Plant Species Stratum Indicator - . 1. Su+ri# awsX,ea W LUggE . „ 9. ..'. 2. AvratL •u12s tlrVt 1! ' . FAc-V 10._ nr 3. PcirA'WS 4:1St1 VOA 42,S TI7 me_ - 11. 91 . 4. 12: • II 5 13. • 6 14• 8. 16. Percent of Dominant Species that are OBL,FACW,or FAC (excluding FAG-) • Remarks: GC1vt%Whrl Tf."Alb 14 :.t ti(3 SZlbe1l'lG 1.6'vta � 1�� ut.vei.4. .verb, 1 c1(►!kyt,e s TAit-ivan .. g.vppol%M 'v ty c c., • >t,%6-14 i v/1416-1-t - vItslikritt4 • HYDROLOGY Recorded Data(Describe in Remarks): Wetland Hydrology Indicators: 13 Stream,Lake or Tide Gauge Primary Indicators: Aerial Photographs . inundated Saturated in Upper 12 Inches . _No Recorded Data Available Water Marks Dal Lines ' Sediment Deposits Field Observations: _ Drainage Patterns in Wetlands Secondary Indicators(2 or more required): Depth of Surface Water Ni A inches Oxidized Root Channels in Upper 12 Inches Water Staineo Leaves Depth to Free Water in Pit: _ N A inches _ Local Soil Survey Data _ FAC-neutral Test Depth to Saturates Soil: }Z•l inches _ Other(Explain in Remarks) Remarks: TococizAnttt, Lox, +:BNWeistir TO %t 0 '- VII-AN'-e S1. +^lizaISATtritl • tI SOILS Map Unit Name (Series and Phase): t J{GA R 'j ' 4..\( VOA-1K— Drainage Class: W147y1-? I L Field Observations Taxonomy(Subgroup): Confirm Mapped Type? Yes- No Profile Description: Depth Matrix Color Mottle Colors Moat .. Texture,Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contraist Structure,etc. • 3^ A x•512 e?&6A.1 C m SA41) Mot '.s 423 Jz • :: .IL OAV-S • W14 5+t+ND s4„rra1s► • 4-1g ," G -f-4/Z .. • • Hydnc Soil Indicators: Concietfons - �� Histic Epipedon ' High Organic Content in Surface Layer m Sandy Sods - Sulfdic Odor :•. Organic Streaking in Sandy Sods Aquic Moisture Regime" Listed on Local Hydrio Soils List • • _ Reducing Conditions, Listed on National Hydric.Sods List - Gieyed or Low-Chrotna Colors • _Other(Explain in Remarks) : • : Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? • 'es .No (CIRCLE) (CIRCLE) Wetland Hydrology present? es No ; Hydric Soils Present? Yes No Is this Sampling Point Within a Wetland? No Remarks: "LigFog..sy@IJ 9O' Approved by HQUSACE 2192 112 I DATA FORM ROUTINE WETLAND DELINEATION (1987 COE Wetlands Delineation Manual) • /' • III Project/Site: NtC- I IptWAtFOt' Date: MAT? a� Applicant/Owner. Na�ri �. t tsxt'�t'tr� County: 'D _ QInvestigator he-, - t -5t,44,(....- - State: CO 1 stleF ►vA - Do Normal Circumstances exist on the site? No . .Community ID: Ttrit t-1 Is the site significantly disturbed(Atypical Situation)? • Yes (Or Transect ID: Is the site a potential Problem Area? Yes Plot ID: , ,• -II . (If needed,explain on reverse.) •- c., -..;...8..% . ..:-.: VEGETATION • Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator ill 1. ptcricAnc..aripAA Iv...0,1A_ oi.-0:4 FAC wt.. 9- - 2: V_Artm,14 rxi.�rL,- pvietz.. Fi ,VN 10- • • 3. 11. 12 6- 13. 7. 15. ID 16. • • Percent of Dominant Species that are OB FACW or FAD P� 4 (excluding FAG) . - I . k Remarks: n2k14C:a 6(•+.t t X11`, or Nr 4'Nei_ . • .. - HYDROLOGY ,I —Recorded Data(Describe in Remarks): Wetland Hydrology Indicators: - Stream,Lake or Tide Gauge Primary Indicators:. - I - Aerial Photographs Inundated Other Saturated in Upper 12 Inches No Recorded Data Available Water Marks.•--•.K•:•., - C Drift Lines • - . ' _ Sediment Deposits. Field Observations: Drainage Patterns in Wetlands Secondary Indicators(2 or more required): I Depth of Surface Water to inches _ Oxidized Root Channels in Upper 12 Inches __ Water Stained Leaves ii Depth to Free Water in Pd: inches Local Soli Survey Data 1 I - _ FAC-Neutral Test r Depth io Saturated Soil: inches Other(Explain in Remarks) i 0 li Remarks: Ot1RN1`tIA-- li W FUtioll NC • 1 t I • SOILS Map Unit Name _ (Series and Phase): A605WV AR V6$' 6 eiNtat-4-1 -WaS P �1A kt1Drainage Class: tIS6'r?.., '1 Field Observations Taxonomy(Subgroup):" Confirm Mapped Type? es. 'o Profile Description Depth Matrix Color -Mottle Colors Mottle Texture,Concretions, (inches) Horizon (Munsell Moist) - (Munsell Moist) Abundance/Contrast Structure,etc. O7 Pr ;o,4>zs13 • • • • Hydric Soir Indicators: • H'istosol 'Concretions. • ID _ Histic Epipedon = — High Organic Content in Surface La g rg yen in Sandy Soils •••••.• =• Sulfdic Odor — Organic Streaking in Sandy Soils Aquic Moisture Regime , ,. listed on Local Hydric Soils List . Reducing Conditions - Listed on National Hydric Sorts List _Gleyed or Low-Chroma Colors _ Other(Explain in Remarks) • Remarks: I3A-N e,-a t9� C}h+4 N�1F WETLAND DETERMINATION • • Hydrophytic Vegetation Present? No (CIRCLE) (CIRCLE) Wetland Hydrology Present? No Hydric Soils Present? es No Is this Sampling Point Within a Wetland? `:.r No Remarks: WinVe•-• 1 w t4 wyvw-1 Ut•JhVLIS PI n 4e- % d44 N wamt41-›5 = I% I rei A-L - I w/q..) »- A TOTA•U- Arats= — p to A L. Approved by HQUSACE 2/92 114 Cit i DATA FORM ROUTINE WETLAND DELINEATION l (1987 COE Wetlands Delineation Manual) lh Project/Site: itt.t 4 1 V)(.014:4144.1Date: �g- AppticantlOtnmer 1V.ss►tdt cr�'i! Ft1CS8 S County: wntVE) Investigator. M S- A. State: Gfl OiDo Normal Circumstances exist on the site? es No Community ID: 1 C t' i Is the site significantly disturbed(Atypical Situation)? '`es No Transect ID:!-10 . Is the site a potential Problem Area? - Yes C SID Plot ID: CrD (If needed,explain on reverse.) OliVEGETATION Dominant Plant Species Stratum . Indicator Dominant Plant Species . Stratum Indicator I1. ScAnms amettar,e..o, 5. utrr (9a1.— 9. Sit,{t.pa, W14.10r►Qr SA MS_ F lia.Gtvitn tkat"ig . FI .VJ 10.Solt", 0.444,,fprkieikos 5fimpt Fi4CW1 3 v 'S ac )rtA , 1);-043- Ci3t�, 11. 1 . 4.jviktAtfx, VaA4AttlA ,.4 5 63(....... 12_ 5.6.N 1-61-2pz-.;.•jA.PNctirke"--_ 1•k''fz;xa F/£.J 13. 6. ►v e r 4461 FI\C.. 14. 7.T$ ' ., koltei3iNet tli r.t; eat,- 15. ij uJ 16. • ' Percent of Dominant Species that are OBL,FACW,or FAC • Iii (excluding FAG-). _3d7, _ • tia Remarks: YCzlu"4141 fed,771,,.VAQrA . v tom.. COW.WWNIT re i tJ MA(4 t Mh`t Cktkifk Tb:R 1'Cz.4CT wit rvwV ' • . HYDROLOGY %I Recorded Data(Describe in Remarks): Wetland Hydrology Indicators: _ Stream,Lake or Tide Gauge Primary Indicators: . . • Aerial Photographs Inundated I - "her t Saturated in Upper 12 Inches No Recorded Data Avafable _ Water Marks / • Drift Lines . • % - Sediment Deposits Field Observations: Drainage Patterns in Wetlands Secondary Indicators(2 or more required): 411 Depth of Surface Water Opt.! inches _ Oxidized Root Channels in Upper 12 Inches i . Water Staned Leaves 1 Depth to Free Water in Pit: hi)A inches , __ Local Soil Survey Data Ill F,�.C-Neutral Test— (Explain in Remarks) Depth to Saturated Soil' ....._04K____inches Other AIDRemarks: $1'1441(4 Hz 10 UPC MCI r 1 t \fed' ec 4 t' lit tit.-S't'P''DI t toxp LIC 115 SOILS Map Unit Name (Series and Phase): (3A,Nt, M2 ) SA-1400V 149A'11/L . Drainage Class: N Taxonomy(Subgroup): Field Observations Mapped T . es o Profile Description: Depth Matrix Color Mottle Colors Mottle Texture,Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) • Abundance/Contrast. Structure,etc. ©—z 0 4s'f7.,3 7 It _ pt3ilFT tael ST /3 t.,Ett,1t,� S4,tJv c-.e�.•r�.. • Hydric Soil Indicators:Hi r 'Hisfosol _ Concretions • High Organic Content in.Surface Layer in Sandy Soils Sullidic Odor Organic Strealdng In Sandy Soils — Aquic Moisture Regime w listed on Local Hydric Soils List• _ - - Reducing Conditions - . `'`_ Listed-on National Hydric Soil's list • Gleyed or Low-Chroma Colors Other(Explain in Remarks) . Remarks: 1VArT1V V-M-01L- t4NIZR--S D}'jTv li> O } Aet?aZt9'tJ FtZBvbt Vl • WETLAND DETERMINATION Hydrophytic Vegetation Present? a. No (CIRCLE) (CIRCLE) Wetland Hydrology Present? No Hydric Soils Present? dallP No Is this Sampling Point Within a Wetland? No Remarks: 54540 Pct.- VVIIIIA.A4rOt 19O-1.4VIVD rte. wi7Tv>.1111 Approved by HQUSACE 2/92 116 it DATA FORM ROUTINE WETLAND DELINEATION 1 (1987 COE Wetlands Delineation Manual) Project/Site: !lice, 1 arrnt i .•4-tv Date: AF�zaf_ . 12 - Applicant/Owner. t-& zttn c..[aNq,,-i )r?- -e County: w127.X' Investigator 'Ai Shva.Gls- State: co I - MAR-->PI Do Normal Circumstances exist on the site? 'es No Community ID: Imp e _ Is the site significantly disturbed(Atypical Situation)? 1Yes _ No f Transect ID: II Is the site a potential Problem Area? es Plot ID: ' ca¢ - (If needed,explain on reverse) • VEGETATION '. Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator : 1. c bo,w ,d,v wt ov470 rn ,≥•errs FAG 9. 2:-ror oxar oven-p0-,rl niAst _ wale. •. V 10. 3. Art*t vnn Alt Yldc.S t4442(‘' FPG) 11: 10 4. t?vrN '( ti-i<S . . bi rrt. iR. FAG1N 12 5. Pkvcol riti•K S Cl r I'm 4 t tiv...vp- f4 zt _Teta,GW A 13. 6. 14. 7. 15. _� p i Percent of Dominant Species that are OBI,FACW,or FAC (excluding FAC-) 60 yF IIRemarks: th>F)e t7F.. Z* , girt A-1--S(' U HYDROLOGY • I Recorded Data(Describe in Remarks): - Wetland Hydrology Indicators: Stream,Lake or Tide Gauge Primary Indicators: U _ Aerial Photographs Inundated Other — Saturated in Upper 12 Inches No Recorded Data Available Water Marks Drift Lines ___- Sediment Deposits Field Observations: Drainage Patterns in Wetlands Secondary indicators(2 or mare required): ll Depth of Surface Water i/A inches Oxidized Rod Channels in Upper 12 Inches Water Stained heaves f Dept,lc Free Water in Pit: jJ jt inches Locab Soil Survey Data __,_ FAC-Neutral Test Depth to Saturated Sot ?' 7 inches Other (Explain it Remarks;; Remarks: t.g) tvat117t,ktf eV SVtw Iy rt#v0 . r osstti e. )-vs t it9ACIMV1A }N '.PeiMc-.) rtrr( y.�.2 7t`aP`;' 64 ?ea-xitwvv iydc'S'1"it`t4art:f,-1. 117 SOILS Map Unit Name • (Series and Phase): ACVOU-S! )?Nl5 Ke.-vmf.`( `t1‘35iWt&)N( Drainage Class: ' Field Observations Taxonomy(Subgroup): * "Confrcin Mapped T Yep Profile Description: Depth Matrix Color Mottle Colors Mottle Texture,Concretions, • (inches) Horizon (MunseN Moist) (Munsetl Moist) Abundance/Contrast Structure,etc. tip. Soa v.:M..X613 . i t0 le 5/5 m:.I,wt�-r'S'Pr c3-ot« • IAN te• 'la. io"la Qla ts'7, o•�s-t,cu4.x • • • • • Hydric Soil Indicators: �__ Htstosol . . Conctetiiotis`' I, - Htic Epipedcxt ' - High Organic Content le Surface!mark!markt Sandy$oils _ Sultidic Odor _.Organic Streaking in Sandy Sods _ Aquic Moisture Regime ` listed on Local Hydrie Soils list • • Reducing Conditions Listed on National Hydric Soils List, .: - • : • - _ Gleyed or Low-Chroma Colors _ Other(Explain in Remarks) Remarks: • WETLAND DETERMINATION Hydrophytic Vegetation Present? es No (CIRCLE) (CIRCLE) Wetland Hydrology Present? Yes Hydric Soils Present? Yes dO,CP Is this Sampling Point Within a Wetland? Yes Remarks:44 E6 i Ws) 14141-1-4 Ott CArt7t r. M AerN W S�1 c'Cl t;4h`N'T" A dt trT T O TA,.I ri N►a► er: ,ro stiferY Q•� 4Y vrw P14‘1.11‹, r Ar' . ia.Artrs•w. ( Approved by HQUSACE 2192 118 • I DATA FORM ROUTINE WETLAND DELINEATION (1987 COE Wetlands Delineation Manual) • Project/Site:t 'IsIct,,,,,It k g"tetA{svoti Date: APt�atr � t Applicant/Owner: NQC� I County: 7 Investigator: M•S•' A•JA '' State: GO 1 - CJ'rr k lL Do Normal Circumstances exist on the site? e No Community ID: [uh2S..>~1 Is the site significantly disturbed(Atypical Situation)? Yes N• .Transect ID: • Is the site a potential Problem Area? Yes o Plot ID: G '�' • 1 (If needed, explain on reverse) �.: " VEGETATION • • Dominant Plant Species Stratum • "Indicator "Dominant Plant Species Stratum. Indicator • II. TKO 4." VoA4sifttc` Iak ct3t , 9. • l . • 2. 10. , - 3. 11. : 5. . 13. 14. • 7. 15. p Percent of Dominant Species that are 081.,FACW,or FAG • (excluding FAG) \Oro Remarks: Me r•tv-r(PiG k) 4-1›.)a,,t t •y-. t f? VLilator t tai c.44,414 t444-_:.•'.;'. ". • HYDROLOGY • I _Recorded Data(Describe in Remarks):- Wetland Hydrology indicators: Stream,Lake or Tide Gauge Primary Indicators: - • _Aerial Photographs Inundated • 1 _ Other X Saturated in Upper 12 Inches No Recorded Data Available Water Marks ..e.....- ; • ' Drift Unes Sediment Deposes . Field Observations: Drainage Patterns in Wetlands Secondary Indicators(2 or more required): • Depth of Surface Water O'"G inches Oxidized Root Channels in Upper 12 Inches ___ Water Stained Leaves Depth to Free Water in Pit: C inches Local Soil Survey Data FP. Neutral'est Depth to Saturates Soil: a inches Otr+ar(Explain,in Remarks) I. Remarks: • I 119 SOILS Map Unit Name " (Series and Phase): Ott- A.,GiNI g As. i(� (Aralnage Class: Field Observations Taxonomy(Subgroup): Confirm Mapped Type? )No Profile Description: Depth Matrix Color Mottle Colors Mottle Texture,Concretions, (inches) Horizon (Munsell Moist) "_ (Munsell Moist) Abundance/Contrast Structure,etc. O-' 10%ig.� ".._.. Slier • • • • Hydric Soil Indicators: • . • Histosoi. Concretions. R Epipedon • _ High Organic Content in Surface Layer h Sandy Sags `•. _ Sulfidic Odor ,- — Organic Streaking in Sandy Soils • Aquic Moisture Regime • • • . . • Listed or t oql Hydoc$alt;t.[st::,• .,: , • Reducing Conditions • Listed on National Hydric•Soils List' • . . _ Gleyed or Low-Chroma Colors Other(Explain in Remarks) • • Remarks: IA rOtZPrt/ Wit p!)Z - •. WETLAND DETERMINATION • Hydrophytic Vegetation Present? al,111 No (CIRCLE) (CIRCLE) Wetland Hydrology Present? Hydric Soils Present? tgji, No Is this Sampling Point Within,a Wetland?' . No Remarks: 5 W t-6tt44.17afL_t9 PYZ9•N;tX Srr72 Ii 1m 11.4.17 vJ'O t t.iJ4-t`' `.._ ii Tai_ Air c,pr r1 A I L• A4z$ 14 + GH•4t' \_t r► lac Mr-S4 ' ?.7 s AC. Approved by HQUSACE 2192 120 III DATA FORM ROUTINE WETLAND DELINEATION 11 • (1987 COE Wetlands Delineation Manual) . . Project/Site: Nat" •1 vs-,S�s:^�i W31.1 Date: A4 L,' .. 'i,- A IicanUOwner: N& 1 County: .t ` Pp Investigator: 'Ac.`>ta•1 ,itcr�;, State:' Gp i mace•-slA Do Normal Circumstances exist on the site? e No Community ID: Mfr !tit . Is the site significantly disturbed(Atypical Situation)?. .- Yes o Transect ID: Is the site a potential Problem Area? Yes <SD Plot ID oorP I. (if needed,explain on reverse.). • VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant SpeciesStratum Indicator. 1. CIrSvp EUhte.4Ma,2� • . ',5 VACJ 9. - . 10. 11. - h 13. • 6. 14: • 15. • Percent of Dominant Species that are OBL,FACW,or FAC ' (excluding FAG) 0 — . . . • Remarks: Os') t L trOtvY al c-s ivt led iziP_ t 1 No:t t p .�F c.:- P3 ctt tr 1t ?'PHYTt TI vi1T . . I: .. 0 ' - HYDROLOGY Recorded Data(Describe In Remarks): Wetland Hydrology indicators: 1. Stream,Lake or Tide Gauge Primary Indicators: • . • • Aerial Photographs _ inundated • I _ Other Saturated • .- _ in Upper 12 inches No Recorded Data Available _— Water Marks : :=-• ''• • Drift Lines Sediment Deposits. Field Observations:• •� Drainage Patterns in Wetlands • Secondary Indicators(2 or more required): . - Depth of Surface Water -inches '_ _ Oxidized Root Channels in Upper 12 Inches Water Stained Leaves Depth to Free Water it Fit :Wt., inches - - Local Soil Survey Data FAC-Neutral Test i j Depth to Saturated Sod: NIA" inches — Caner, (Explain in Remarks) / Remarks: 110 1 121 SOILS Map Unit Name • (Series and Phase): . JaQVGi.Ls/ /i >XA,--t, e—P-a3-,4,4'P;, sve. 7;2, MD 1+? rainage Class: - Field Observations Taxonomy(Subgroup): Confirm Mapped Type? No Profile Description: Depth Matrix Color Mottle Colors Mottle Texture,Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure,etc. el A 4.ZYR .3 �. - • -.Le.x.4.4.••• ) ht. 2+ " 1.--sME q l --• • • Hydric Soil Indicators: r Histosot Concretions . _ Histic Epipedon g Organic Content in ace Layer in Sandy Soils Sulfide Odor Organic trealang in Sandy Soils • Aquic Moisture Regime .- - Listed on Local Hydric Soils List Reducing Co •,'•• — Listed on National Hydric Soils List • - Gleyed or -« oma Col. _ Other(Explain in Remarks) • Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes (CIRCLE) (CIRCLE) Wetland Hydrology Present? Yes Hydric Sods Present? . O" No Is this Sampling Point Within a Wetland? Yes 11 I Remarks: `1 tc-- AGO -1}1S Aleilrp i 4 4A•Ntr c pAtrt c'EV AS A '4v ANT? A VT' • 1 Approved by HQUSACE 2/92 122 IL ` r 7f. 3 sf .r.w a" 33 x x. 144 -ti`�t Y"L a. s .r,-, . f i�T+ ,{4 3�4` ts.5 +h W44{ .ri � ` t , ` t ,,,me ;As, T .: / e)^'W -..g F ₹— yt0,—tr c [K�I ,, 'w X #firRPG�• -d'.�i `E't ` - - z are -a,�+ 1 Cr .a r� s cg: � �r' F w .a_'�£ ''�` F rs rya r �t @ i'� .�F",��.L �_ r �r r.'r. :. � ��3 �� seta. t: �'?. It 3*. 1 ti x qie ss i ti t Y h. x`Xi r iy1 � , r� le :�. r' • 9 S'.3 .a .�d 3. x w- u..3 a�c+..+. :sv 'aS'- fi �Ar �F it x� t sc w, _ ..rq�, t. ur x 'y'°-C - 3 j.^'Iei y it-,,r.-1 y yy':,��Zw rh Z�xippvr�'k aii;:,S"i°.h{'�i[t�{e r (Jix4v.,„ (i F - NL1 a '+�.°▪.e /rte .e-S. „ ax , ask {." �,4i a, q tK ,, y,/ Ay {y{pv, , 1 k ,, :. C; 1-`hE'+ "'" �° t r rG'kFad�`Trod wrh7.4,3 tS°-u1+ p..4� q ')n a 1Yf� S�'.f''Jv.s, y x G (7,1""t",4'..41-4- .t - a�'?ar �'f °" g7Y`.c Y y dF�l$ , fr:igJ it 4' iti - .-ii ' '+4-�+itxti .P '�c. � ., -� � i ' y KY ,I,c,C` .-F `-rrN'}C".;rFr c, ' ,e '=i.f 3U ��2fi' ""₹ J'",G x n p1 t°jr` l Xr'�7' `� ca .,.. qty, -a o- ,,s- '3..c� v v.i II ` �qjC 5 "-' a`y " G .yyrs `�,'lft ' .�,'vy�` t b�-- 'F�.a-A l,tiy,. c�''^t ,�'.F 1..rz. • {74-: :: uta"r Fn4�F.�;�i_� r ` �' 4� -x✓L7y, ,Sr>tee; 7 rt ,,.? ,+�,'6.rr ,� kl �- ` or ,---2,#“, cra vrG -xc,[� '� EI .i.,, t• r 1"7.3„*,,\ .{eC'"F �F :S�(,� '$: � s,�,� ytni. 7t�j. .�+}T J/�„ „�T _.a E�y` ' Y ��y"n��ti l i ,g-"*P1-5:1'.:&t:c i� ry,. Alt ate+ s. _ y� d� _F. .?,r -- 4,,frt x"�`, n os ° p,II � t ` y+4,ti\ { ?4 F (11 Y' s s✓ g r' 2:2-(( .. - Y r , v ,a, ��k�, 1 r . �F ` ; ten (:-:".es "1r �>4:4I 3 F� e 4( ` Jrel -q c ¢ ? rti� .rm% 1 " .w h' > �'!t /yaG.fa� ,� �--u r np�"er,��.�.-"�',�xi�A,y��,'°�*+s�q- ^ia - ""��d'�, � r.- a4.`-`ea;��1 ,Y'3.11e/—?"�as��y�M' . Figure 7. Feature G—Cattail Marsli Wetland 0 I p 123 11 SAiltz- r3 -Taj -' A,_ DATA FORM ROUTINE WETLAND DELINEATION (1987 COE Wetlands Delineation Manual) • . I Project/Site: NeG i fl eXPAIvSurt,1 Date: Mk*. zg, zpO4 Applicant/Owner N Cou7a� j ems,- rfit izS County: vdlr.) Investigator t i 1Av!t O— State: cotzizAND oiDo Normal Circumstances exist on the site? iira. No Community ID: ,%9t .. Is the site significantly disturbed(Atypical.Situation)? Yes o Transect ID: Is the site a potential Problem Area?. Yes Plot ID: apt I (If needed,.explain on reverse) • VEGETATION _ Dominant Plant Species Stratum Indicator Dominant Plant Species • Stratum 1. Serrnr.4,k, ctA v+eet•tfitt $4443F'a pat 9. ...: 2 Floc titvil+t, t -civi . th-g _ 10. fi 3. Popwl&4 dal-o-t•Atc 7I-Vg 'FAC— - 11. si 4. 12 . 5. 13. a 6. 14. 8 16. IIPercent of Dominant Species that are OBL,FACW,or FAC p, (excluding FAC-) 1� iO___ 0 ' Remarks: Cc IA !♦41111 .M1/W Tp1/4VIO 1.454.47 S4 1" t A K fir 3 R-26.l�T1,.t.. .. .: 1 � �l i', I4 . TAII,w . %vr tir>4yY) icy co mcwo k� t , 1.1 .14:t6-a Vb ifts ' • . 0 . . . HYDROLOGY 1 Recorded Data(Descnbe in Remarks): Wetland Hydrology Indicators: Stream,lake or Tide Gauge Primary Indicators: ' Aerial Photographs • _ Inundated . 0 _ Other Saturated in Upper 12 Inches No Recorded Data Available Water Marks - - _ Drift Lines - _Ill Sediment Deposits Field Observations: _ Drainage Patterns ki Wetlands Secondary Indicators(2 or more required): li I Depth of Surface Water Ni A inches — Oxidized Rout Channels in Upper 12 Inches Water Stained Leaves Depth to Free Water in Pit: N/A inches Local Soil Survey Data I _ FAC-Neutral Test 1 _� I Depth to Saturated Soil: 12`l inches _ Other(Explain in Remarks) STO r(17Gs2I WIC, 14144 Cdr�A)CI4E TO slut 11.4 INIfi,: 4 -op Sbia I tcts Remarks: 11 i 124 I SOILS Map Una Name ill (Series and Phase): P:4•Jte4--2,.b {-Mt,'( 104._ Drainage Class: W0ZYI7 f Field Observations Taxonomy(Subgroup): Confirm Mapped Type? Ye( No Profile Description: Depth Matrix Color Mottle Colors Mottle Texture,Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure,etc. .r' l " vt.�'ylZ2.6-Z t � 3 _� � tom' • ..�t�'�-�`RG'5' 3-6" A. 4-5112- *2s• .5 ,c2• 5 C44?� .�, �• -�12 • �' '�.s 2-312— �:5� isyrabrA1 S c t a ; 41i'; ` ' q-S-4•R- 4' r ,i trt • • , Hydric Soil Indicators: T Histosot Concr Lions Histic Epipedon `prdt+' l.1f�._I High Organic Content in Surface Layer n Sandy Soils; :• • • • Sulfidic Odor ) Organic Streaking In Sandy Soils •- • _Aquic Moisture Regime :- "•' • Listed on Local Hydric Soils List Reducing Cond-rfions _ Listed on National Hydnc Soils List , Gleyed or Low-Chroma Colors • Other(Explain in Remarks) . • Remarks: • WETLAND DETERMINATION Hydrophytic Vegetation Present? • es .No (CIRCLE) - , (CIRCLE) Wetland Hydrology present? es No Hydric Soils Present? Yes No is this Sampling Point Within a Wetland? ligglip No Remarks 31 WlCSI-44.2T, Z ',...ve4.1 le;‘;‘( '.x►% Approved by HQUSACE 2192 125 lIl DATA FORM ROUTINE WETLAND DELINEATION 6 (1987 COE Wetlands Delineation Manual) 1 Project/Site: Nt.C-0- t IFAI> 3/0 INADate: tr'At2 Q'4 Applicant/Owner- _N�•-! CD'�t' Lf4"ii 's County: Mt.) Investigator: MS !OIN SI - " State: CO II N____.� • sum �►A t�≥ Do Normal Circumstances exist on the site? No Community ID: rr_- Is the site significantly disturbed (Atypical Situation)? • Yes ( Transect ID: I Is the site a potential Problem Area? Yes cRfdp Plot ID,, ; ;rya_ ' (if needed,explain on•reverse) . - „-'•t .;''; • 1.• ?• Ill •VEGETATION Dominant Plant Species• Stratum Indicator Dominant Plant Species Stratum Indicator I1. ». LLAMA 11A.w to' 't ,y Fk w i" 9. 2- euvot. rx1 � }.ai2 PAL.V_J 10. 3. 1'1. I .. 4. 12 5. 13. .14. 7. 1S. ail , 8. . . . 16. . . Percent of Dominant Species that are 061,FACW,or FAC - (excluduxl FAG} �_. I . Remarks: RZ4t4.1S Gil Flkth • ]'t C'CAANK L... 43 NJ. _ • . • 1. HYDROLOGY �} I _Recorded Data(Describe in Remarks): Wetland Hydrology Indicators: . ' - __ Stream,Like or Tide Gauge Primary Indicators:. . _ _ Aerial Photographs A Inundated - t • . - IOther Saturated in Upper 12 Inches . -No Recorded Data Available Water Marks.:'.-..':-.•.,- ' .. -•... .'-. - Drift Lines . . ' . . . _ Sediment Deposits . - Field Observations: Drainage Patterns in Wetlands • a Secondary Indicators(2 or more required): Depth of Surface Water Co inches Oxidized Root Channels in Upper 12 inches Ii Water Stained Lea•..e: B Depth to Free Water in Pit: inches _ Local Soil Survey Data kik I FA(rtJeutr21 Test Depth to Saturated Soil: inches _ Other(Explain in Remarks) IRemarks: CAAt'itiV ' 51 W, Fr,4441f NC 126 1 a t SOILS Map Unit Name (Series and Phase): j,et?G1 L ( AQ E, A'J V _Nva tap'vm..Drainage Class: 1'eo'i2., • Field Observations Taxonomy(Subgroup):- Confirm Mapped Type? es. •o Profile Description: Depth Matra Color _Mottle Colors Mottle Texture,Concretions,. (inches). Horizon (Munsell Moist). • (Munsell Moist) Abundance/Contrast Structure,etc. ti O—(,'. Pr to y R-S/ C) y • • • Hydric Soil Indicators: His(osol Concretions Histic Epipedon • High Organic Content in Surface .�. g 9 Layer in Sandy Soils ..:. ".• _Sulfidic Odor _ Organic Streaking in Sandy Soils• , . Aquic Moisture Regime - . ., Listed on Local Hydric Soils List Reducing Conditions _ Listed on National Hydric Soils List Gleyed or Low-Chroma Colors Other(Explain in Remarks) . Remarks: !BAN • WETLAND DETERMINATION • Hydrophytic Vegetation Present? No (CIRCLE} (CIRCLE) • Wetland Hydrology Present? ( No Hydric Soils Present? No is this Sampling Point Within a Wetland? No Remarks: htL�J wile Z..tr;d w Qty* tAzikkito WOPPiatCreSrIV 64.1 PI 1 woad_ w t t)t 5' C )P$?� (v l T>S = l / t t9i a4L.._ G 2c t wj/'ti P>' 1 Ate;✓` 1 rat_At, PrczoPt Q,1.6 14L. • Approved U C App ed by HQ 5A E 2192 127 ljt r DATA FORM i ' . . ... LANDA (1987 COEROUTINE WetlandsWET DelineationDELINE ManuTIONal) Project/Site: 1IC.t 1 V4,0k4St ..1 Date: iMa1 � Applicant/Owner. pr.�rt:. a . '' ev . County: v+�W Investigator: S� `i A A. �. all 1 State: Do Normal Circumstances exist on the site? es No Community ID: bta'e; N Is the site significantly disturbed (Atypical Situation)? es No Transect ID: . Is the site a potential Problem Area? Yes �l . Plot ID: c� pi 0 . (If needed, explain on reverse.) , , VEGETATION. Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator, (i 1. Se'fiz a+t:tv>ICO+te. 4t1 9Py1_ 9. 3/4►t. WC &. • .0203 GFA- 2: rimityw+: .$ ' t4tZIZf , F .Vf 10.Sal‘x lA r?tkj StV9t3. FAC N0 3. Y� ' A-VA, 11 11- 4...,rime: \4\ew t 012,1-- 12. , J 5_t 1Yr vris2 ,-Iii.t •clo' ^ 14s zia, • Ff J_ 13.• . , r. pa6. i 4 kl4 c 1•-r lime F t C_- 14. 7.To Au` fly .1..00 � u�6 oF3 L- 15. t tip S.-Av.-du/4i,', jw .. Pte'.: FIE O. 16. Percent of Dominant Species thatare OBL,FACW,or FAC . . (excluding FAC-) LI ;fP Remarks: ''L' > LiCilitoh"4;•.WW' ..V tr... COMA. 1�WN1�ty '«�E1it�I t t4A14 M+ A :. HYDROLOGY : _Recorded Data(Describe in Remarks): , Wetland Hydrology Indicators: _ Stream,Lake or Tide Gauge - Primary Indicators: Aerial Photographs — Inundated `' — Other _ Saturated in Upper 12 Inches No Recorded Data Available WaterMarks 4 - „ Drift Lines Sediment Deposits Field Observations: Drainage Patterns in Wetlands Secondary Indicators(2 or more required): Depth of Surface Water N/A. inches Oxidized Root Channels in Upper 12 Inches Water Stained Leaves Depth to Free Water in Pit: IJi1k inches Local Soil Survey Data FAC-Neutral Test II llDepth to Saturated Soil: inches . Other(Explain in Remarks) r Remarks: STAtablt(& 14 t i►,1 cerPotai PortiotV of 4P-t.. 5dANUII<- Nz0 4 128 SOILS Map Unit Name • (Series and Phase): ffM 4lAA•R--t> sA t4sa.( 1,e-A-IVL Drainage Class: illField Observations Taxonomy(Subgroup): Confirm Mapped T .-: es o Profile Description: Depth Matrix Color Mottle Colors Mottle Texture,Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast. Structure,etc. O 3 x- . I N'B'N� Pf?hT M41 ST rto•t%, .34tJvc-.et .I • Hydric Soil Indicators:• • Histosol - :,_ Concretions �. _ Hrstic Epipedon - High Organic Content h Surrace Layer h Sandy Soils Sulfidic Odor • Organic Strealdng In Sandy Soils • Aquic Moisture Regime Listed on Local Hydric Soils List . - • Reducing Co'ridifions ' Listed on National Hydric Soils List Gleyed or Low-.Chroma Colors. _ Other(Explain in Remarks) Remarks: 'N4T1V '' IL- t•h`il4'R-- pYY .L 1 o N01 451.,E • WETLAND DETERMINATION Hydrophytic Vegetation Present? a . No" (CIRCLE) (CIRCLE) Wetland Hydrology Present? Ya Na • Hydric Soils Present? . . mail No J Is this Sampling Point Within a Wetland? No Remarks: 54 544414' Wir3, ¢t') ISMATIVID ruertk. wo-Tve ,,, Imp t2i iNtr '' 'a_ • Approved by HQUSACE 2/92 129 111. DATA FORM ROUTINE WETLAND DELINEATION gi (1987 COE Wetlands Delineation Manual) 4Ilk Project/Site: WcG { tar,N.a Date: APcAL. 2_G, ' Applicant/Owner: c -pr1 S`7?-ot.1 u-",--"s County: wfdX' Investigator: x4,5 5AVA,��, State: co 10 MA rc•->pi Do Normal Circumstances exist on the site? es . No Community ID: l P t . , Is the site significantly disturbed(Atypical Situation)? •Yes_ . No Transect lD: 4 Is the site a potential Problem Area? es Plot ID: a4. - ' (If needed,explain on reverse) VEGETATION Dominant Plant Species Stratum < Indicator Dominant Plant Species Stratum Indicator II1. t:4lLn6�hd ivWt a.Aspo ,„ tom. FAC 9. 2: -4,,,,ilAortmet.4 oRce.lvtats_ the 10. a ttra-tvw. rMIKLIA 11: 4. t 1 car t S bus pava FACW - 12. 5. G.altalrn U.rvM4 ty,.M,ee. Nt3Ji Flat )A- 13. g 6. 14. 7 15. Percent of Dominant Species that are OBL,FACW,or FAC ill • (excluding FAC-) . , 0 Remarks: OF. e size-�a'55iO'ri1—.SPfdt,ti( bN =AT-Ampr. . . . HYDROLOGY g (Describe`Recorded Data in Remarks): - Wetland Hydrology Indicators: 1 Z- Stream,Lake or Tide Gauge Primary Indicators: Aerial Photographs inundated 1 Other Saturated in Upper 12 inches T No Recorded Data Available Water Marks : • Drift Lines 1 _ Sediment Deposits Field Observations: _ Drainage Patterns in Wetlands. Secondary Indicators(2 or more required): I t Depth of Surface Water illA inches _ Oxrdaed Root Channels in Upper 12 Inches _ water Stained Leaves Depth to Free Water I in Pit: t j A, inches _ Local Soil Survey Data i FAC-Neutral Tess I i { Depth to Saturated Sail: 440inches Other(Fxptain in Remarks) filill Remarks: 140 brrPtt tto eV* .klitc A,C rt4h4 r P OS.I B • >V S1 I i i N • tN S Pei trr.) VA r 4uvq-2481 41, r 64 NItzta Vestrx‘ivvyTy gePSTAtit$14C- . O i 130 SOILS • Map Unit Name ill (Series and Phase): AC'n, Jo{�5 /A(Vlni"-17.5 4 ?J4I W( )asj--cv/ty Drainage Class: fa3Q- Field Observations Taxonomy(Subgroup): ':Conrirm Mapped T • . Yes Profile Description: Depth Matrix Color Mottle Colors Mottle Texture,Concretions, (inches) Horizon (Munsell Moist) (Mansell Moist) Abundance/Contrast Structure,etc. SWAM-p.:M•t37071- 4'(0 A .c 4J Io`1 JZ sF� s 920 .1aarr-y c1.48.1 � t1 tt ! 10`� c./5 ivolJar' _ 1.$ to 412 to`le c/18 c ,�/ • • • Hydric Soil Indicators: t • • — Histosol _ Concretions ' Histic Epd,edon - ^ High Organic Content in Surface Layer in.Sandy Soils Sulfidic Odor • Organic Streaking in.Sandy Soils. . . Aquic Moisture Regime • listed on Local Hydric Soils List • • _ Reducing Conditions • • — Listed on National Hydric Soils list .• • Gleyed or Low.Chroma Colors _ Other(Explain in Remarks) ' Remarks: • WETLAND DETERMINATION Hydrophytic Vegetation Present? 'es No (CIRCLE) (CIRCLE) Wetland Hydrology Present? Yes 4101, Hydric Soils Present? Yes dirP Is this Sampling Point Within a Wetland? Yes (..!7., Remarks:MAea►1J asrzctt oG" C.6tr0t%._ MAt?SH W SVt�t4tt`N r,‘,.6Y A vi4Y TG TArir f1Rat`a'cvQ,�To st/Pp01,--i— t-Y DKa F14•4 T1G rL Tom,. y.Xj1' .S.Vi . • Approved by HOUSACE 2192 131 DATA FORM - ROUTINE WETLAND DELINEATION (1987 COE Wetlands Delineation Manual) , Project/Site: iNctit t IrA1-4-4SoktiDate: A�1r tgo.LeBAr t Applicant/Owner Wt-t..41- I County: v,nL Investigator. M.S. 4- -r .,. State: CO I ' Cu►AIL. Do Normal Circumstances exist on the site? e No Community ID: MArasl\ Is the site significantly disturbed (Atypical Situation)?,, Yes Q7 Transect ID: Is the site a potential Problem Area? Yes 4gi, Plot ID: t • - (If needed, explain on reverse) Ili . VEGETATION Dominant Plant Species stratum Indicator Dormant Plant Species Stratum. Indicator i1. Tip 4- toA CM 1 t3 ca[ F .9. • 2. 10- 3 . 11- 4. 12. ' 5• 13. • I6. 14. • 7. 15. 1 8 16. Percent of Dominant Species that are OBL.FACW,or FAC ill i (excluding FAC-) • Oo : ® Remarks: MefvvT1PIC S%ii C'V Vt7 Vliclie4 I t' C..1441414‘-'2--- • •.•` '••• • HYDROLOGY • I _Recorded Data(Describe in Remarks):- Wetland Hydrology Indicators: stream,Lake or Tide Gauge Primary Indicators: ___ Aerial Photographs Inundated _Other X Saturated in Upper 12 inches No Recorded Data Available Water Marks .. ' • - Drift Lines 1( Sediment Deposits ••- . • Field Observations: , Drainage Patterns in Wetlands . . Secondary Indicators(2 or more required): Depth of Surface Water p"G inches _ Oxidized Root Channels in Upper 12 Inches Water Stained Leaves Depth to Free Water in Pit: O inches _ Local Soil Survey Data FAC-Neutral Test 1 Depth to Saturated Soil: a inches _ Other(Explain in Remarks)11. Remarks: 1 132 SOILS Map Unit Nameill (Series and Phase): O Qv V Drainage Class: I TI Field Observations Taxonomy(Subgroup): Confirm Mapped Type?;0ir' No Profile Description: Depth Matrix Color Mottle Colors Mottle Texture,Concretions, (inches) Horizon (Munsell Moist) (Munsetl Moist) Abundance/Contrast Structure,etc. O-6S 13 1O`iK ?�? SNP • • • Hydric Soil Indicators: _ Histosot Concretions " • _ Histic Epipedon • High Organic Content in Surface Layer in Sandy Sods • • • , Sutfdic Odor ;. Organic Streaking in Sandy Solis • • . • X Aquic Moisture Regime _ Listed on local Hyd(ic SoilSL{st:. • • Reducing Conditions. Listed on National Hydric.Sots List • Gleyed or Low-Chrome Colors X. Other(Explain In Remarks) • Remarks: Ht�`r@i-11tie/ W2 Aer-alt- • • WETLAND DETERMINATION . Hydrophytic Vegetation Present? 4" No (CIRCLE) (CIRCLE) Wetland Hydrology Present? .10,- No • Hydric Soils Present? No is this Sampling Point Within a Wetland? (! No Remarks: 'Jr W (,gtvTSLa(L rizo. ^X `a1 1Mmep vJ OG Cal/4M _ ` Tvr A r giy cpr-rrAi MM?9 4- 440 N\t N M.# 4 ; 7-7 S AC. f Approved by HQUSACE 2/92 133 • JII DATA FORM ROUTINE WETLAND DELINEATION (1987 COE Wetlands Delineation Manual) - IP Project/Site: WJiC I ,s-,t1t *.sc,tet..T Date: APP-1L.;474 - • Applicant/Owner: Kre AL 1. County: u z.X,D Investigator: to c.5A4{� State: Gp ►dimz1L1 Do Normal Circumstances exist on the site? e No Community ID: {o,m1t� Is the site significantly disturbed (Atypical Situation)? Yes Transect ID: Is the site a potential Problem Area? Yes Plot ID ,Corp • -(If needed,explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator •Dominant Plant Species Stratum Indicator i li . 1. ttr‘JvYV1 ctieVe.4 - . Vac a� MO 9• 10. 11. 12. _ • 13. _,:,_ 7. 15. IDPercent of Dominant Species that are OBL,FACW,or FAC dozr '" • (excluding PAC-) Ill Remarks: Cx4) tker1t1 L aTA•vied► .cw.G.povisD %v1av/“V'-No t,)1 1:)a-Imea' ,•s. ' la •Rtat ' 1k-lI P$-YTtC.F1.t-cr. 3 vc1Z' ; • 0 . . . HYDROLOGY ;. • • . _ Recorded Data(Describe in Remarks): Wetland Hydrology Indicators: Stream Lake or Tide Gauge Primary Indicators: q. Aerial Photographs _ Inundated _ Other Saturated in Upper 12 Inches No Recorded Data Available _ Water Marks ' • _ Drift Lines '• . _ Sediment Deposits 1 Field Observations: - Drainage Patterns in Wetlands Secondary Indicators(2 or more required): Depth of Surface Water -inches _ Oxidized Root Channels in Upper 12 Inches Water Stained Leaves Depth to Free Water it Pit: i inches Local Solt Sur+ey Data 11 FAG-Neutral Test 1� ! Depth to Saturated Sc Pier: N� inches _ Other(Explain in Remarks) tit fill . Remarks: 134 SOILS Map Unit Name (Series and Phase): AQVO;—V9 j NTS ' 4V42tAIY "5143%12,444 t+IMrainage Class: . Field Observations Taxonomy(Subgroup): Confirm Mapped Type?(10 Profile Description: Depth Matrix Color Mottle Colors Mottle Texture,Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure,etc. Ode A 4.SYF 3/ t Nom'- t,E7pM1,'D. M- • 2+ " G 4-5kir I ' rD/e. v - Hydric Soil Indicators: f... . .: Histasai _Concretions: 1, Histic Epipedon • • Content in Layer in Sandy Soils Sulfidic Odor _ Organic Streaking in Sandy Soils _ Aquic'Moisture Regime • Listed on Local liydric Soils List • • 1 Reducing C Listed on National Hydric Soils List._ • Gleyed or oma Cot Other(Explain to Remarks) • • • Remarks: WETLAND DETERMINATION . Hydrophytic Vegetation Present? Yes (CIRCLE) (CIRCLE) Wetland Hydrology Present? • Yes .• • • Hydric Soils Present? o No Is this Sampling Point Within a Wetland? Yes N' Remarks: 12AZ AC-0 1146A•ftex. MA1 A VEr C pU F' AS t> wort.Aw9, e qr Approved by HQUSACE 2/92 135 0,04I OP P-� rhFet „ c1' United States Depai talent of the Interior Q d' • • ""`' FISH AND WILDLIFE SERVICE 4'4R 8A9 Ecological Services 764 Horizon Drive, Building B Grand Junction,Colorado 81506-3946 IS REPLY REFER TO: F..S/CO:FW S/E SISpiranthes TAILS 65413-2006-1-0127 September 28, 2006 Edith Savage Savage and Savage Environmental 4610 Haystack Drive Windsor, CO, 80550 Dear Ms. Savage: Based on the authority conferred to the I.J.S. Fish and Wildlife Service (Service) by the Endangered Species Act of 1973 (ESA), as amended (16 U.S.C. 1531 et seq.), the Service has reviewed the habitat assessment and survey report for Spiranthes diluvialis(Ute ladies'-tresses orchid) (orchid) submitted with your letter of July 21, 2006. This report regards the proposed • NCC Pit #1 Extension , a mineral extraction site, located in T. 2N, R. 67W, Section 24, NE 1/4 in Weld County. Colorado. Based on compliance with the orchid survey guidelines, the Service finds the report acceptable. The Service agrees that the suitable habitat surveyed at this site is not occupied by mature orchid plants at this time, and finds that the impacts resulting from the proposed project are not likely to adversely affe;c! the orchid. The orchid does not necessarily flower every year. For any site within required survey areas where habitat alteration has not yet occurred following an initial approved survey, additional surveys shall be conducted annually for two consecutive years or until habitat alteration commences. We appreciate your submission of this report to our office for review and comment. If the Service can be of further assistance, please contact Ellen Mayo at (970) 243-2778, extension 14, or ellen_mayo@fws.gov. Sincerely, tIg ;(/), Allan R. Pfister Western Colorado Supervisor • cc: COE, Littleton, CO r WS/ES/FO, Lakewood I,Ni;iyoa•11SI:SM:i ra1ExtracdonSpiranthesSurvtyl.tr.doc: 136 NORTHERN COLORADO CONSTRUCTORS, INC. NCC PIT#1 EXTENSION SITE WELD COUNTY, COLORADO UTE LADIES'-TRESSES ORCHID SURVEY REPORT (Spiranthes diluvialis) Prepared by Savage and Savage July 2006 EXECUTIVE SUMMARY Savage and Savage conducted a pedestrian survey for the federally listed threatened Ute Ladies'-tresses orchid (Spiranthes diluvialis) within potential critical habitat within the NCC Pit#1 Extension site in Weld County, Colorado on July 20, 2006. This survey was conducted for Northern Colorado Constructors, Inc. The survey was conducted in accordance with U.S. Fish and Wildlife Survey guidelines and during the period of anthesis of the orchid. No individuals of Spiranthes diluvialis were found during the survey. (Figures 1 and 2 illustrate typical wetland vegetation on the site) INTRODUCTION Northern Colorado Constructors, Inc. requested the identification and survey of any • potential critical Ute ladies'-tresses orchid (Spiranthes diluvialis) habitat on site prior to finalization of mineral extraction plans for the NCC Pit #1 Extension site. The extension site contains approximately 70 acres located within a portion of the NEi/< of Section 24 in Township 2 North, Range 67 West of the 6th Prime Meridian, Weld County, Colorado. The property is bounded on the north by a fence line, east by a portion of an old railroad grade and a fence line, south by a fence line, and west by a fence line. (Figure 3 —NCCI #1 Ute Ladies-tresses Orchid Survey Area(2006)) The Ute Ladies'-Tresses orchid (Spiranthes diluvialis) is a federally listed, threatened plant species known to occur in Colorado. Interim U.S. Fish and Wildlife Service survey requirements (USFWS, 1992) for the orchid require surveys along the South Platte River 100-year floodplain and perennial tributaries and in potentially critical orchid habitat. Characteristic orchid habitat requiring a survey includes sites below 6500 feet elevation with seasonally high water tables, wet meadows, stream channels, floodplains, wetlands, and areas where vegetation falls into the facultative wet or obligate classification. Sites excluded from the survey requirement include upland sites (short grass prairie and sagebrush rangeland) and highly disturbed or modified sites. Based on the above requirements, and a site visit, Savage and Savage staff determined that certain portions within the project area could not be disqualified from the requirements for a pedestrian survey. • NCC Pit#1 Extension Page 1 Ute Ladies-tresses Orchid Survey(2006) 137 SITE CHARACTERISTICS Topography and Geomorphic Features The average elevation of the site is 4860 feet and the property is essentially flat. The South Platte River is located approximately one-half mile east of the site. Little Dry Creek skirts the west boundary of the site and flows across the northwest corner of the project site. Orchid habitat areas that may be disturbed are depicted on the NCC #1 Extension Wetland and Waters of the United States Features Map. Features A, B, C, E, and F are topographic depressions located within the north portion of the site. Features H and I are surface swale drainages located along the southern boundary of the site. Hydrology The most significant hydrologic feature adjacent to and within the site is Little Dry Creek. Little Dry Creek originates south of the extension site and flows north off the site and ultimately into the South Platte River. A cattail marsh wetland (feature G) is located within the southwest corner of the site. The cattail marsh wetland is an arm of Little Dry Creek. Vegetation • Three vegetation communities characteristic of wetlands within the site can be broadly categorized as small depression, large depression, and surface swale drainage. Several small depression communities and one larger depression community are located within the north portion of the site. Two surface swale drainage vegetation communities are located along the southern boundary of the site. The small depressions (features A, B, C, and E) located within the north portion of the site have similar vegetation communities. Vegetation within the depressions is dominated by three-square (Scirpus americarms), meadow foxtail (Horde=jubatum), and plains cottonwood (Populus deltoides). Vegetation within the larger depression (feature F) located in the north portion of the site has a complex vegetation community that includes three-square, smartweed (Polygonum lapaihifolium), tule (Scirpus acutus), Baltic rush (Juncus balticus), wild licorice (Glycyrrhiza lepidota), plantain (Plantago major), cattail (Typha latifolia), meadow foxtail, coyote willow(Salix exigua), and peach-leaved willow (Salix amygdaloides). Two surface swale drainages (features H and I) are located east of the cattail marsh wetland and are dominated by a mixed herbaceous wetland vegetation community. The vegetation community includes reed canarygrass (Phalaris arundinacea), medow foxtail, and curly dock (Rumex crispus). • NCC Pit#1 Extension Page 2 Ute Ladies-tresses Orchid Survey(2006) 138 • Soils Soils within the area of interest are representative of their genesis and topographic position. The Natural Resource Conservation Service (USDA, 1980) identified two soil map units within the project site. The soil units present are aquolls and aquents and Bankard sandy loam. Aquoll and aquent soils are the dominant soil type on the NCC Pit #1 extension site. These soil types are found on bottom lands and flood plains of all the major streams in the area. They are deep, poorly drained soils that have formed in recent alluvium. Aquolls (60% of the unit) have a dark colored surface layer. Aquents (35% of the unit) have a light colored surface layer. In both the surface layer is loam or clay, In places they have a gleyed layer in the underlying material. These soils are underlain by sand or sand and gravel within 48 inches. Aquoll and aquent soils are defined by the U.S. Army Corps of Engineers (USACE, 1987) as hydric. Bankard sandy loam is found in small inclusions on the site within the northwest corner and along the southern boundary of the site. Bankard soils develop in flood plains of stratified recent alluvium along streams and rivers. They are deep, somewhat excessively drained soils. Commonly these soils have a brown sandy loam surface layer about four inches thick which is underlain by brown calcareous sand with lenses of sandy loam, loam, and fine gavel to five feet. Bankard soils are not listed as hydric by the U.S. Army Corps of Engineers (USACE, 1987). SURVEY The survey was conducted by randomly crisscrossing the potentially critical orchid habitat within the NCC Pit #1 Extension site. The areas surveyed included those areas that may be disturbed, small depressions (features A, B, C, and E) along the north boundary of the site, the larger depression (feature F) located in the north portion of the site, and surface swale drainages (features H and 1) located along the southern boundary of the site. CONCLUSIONS A pedestrian survey to identify the presence of Spiranthes diluvialis was conducted July 20, 2006 by Savage and Savage staff. The survey was conducted in accordance with U.S. Fish and Wildlife Survey guidelines and during the period of anthesis of the orchid. No individuals of Spiranthes diluvialis were found during the survey within the NCC Pit #1 Extension site. • NCC Pit ft 1 Extension Page 3 Ute Ladies-tresses Orchid Survey(2006) 139 LITERATURE CITED U.S. Department of Agriculture, Soil Conservation Service. 1980. Soil Survey of Weld County, Colorado, Southern Part. U.S. Fish and Wildlife Service. 1992. Interim Survey Requirements for Spiranihes diluvialis. • • :vV/`iW::/`.n-JJY^.M/.nl/`MJ./'nnN�/N-/JV'_WYY..Nv\�.MiVJ•./.'..N'..\n✓ '.V/✓vJ�n.`-/1.-..^JNYV` NCC Pit# 1 Extension Page 4 Ute Ladies-tresses Orchid Survey(2006) 140 ,Y» ,�:+i Per,-„ � v. Y $ �F ,. f �. k �v2t� t � Y i,4 • : % 't.,.-` * -. y n. , . r 4 -ti'�s n� � � " Dtlt ,: S �a '4.- ,-;,;>1.1:71:43":.:1;(:;;; "S d S N i� � yy � 4�'#I . *- .-..,-2,„..,:_,c.., : ‘,=74-: f 4.•. y F t_« � yk � �. r, T { Y+. ::-.‘„.t.474-3, T K , ° 4s _ a• • 4t • s4 F ur '.. t .r 7. R _ r `YLS .fir t F•- _ r • } g „n r .an .J 'Y �Ne4 ER's{ .. / r 141 • ,i,t......... f.--tor: 4 A Pit," E`, 's.'�Yy T $ - Y �t ; w • c : +h}".t�.y mix 3w �d $ —15`s`u�'3v ' 1. LL i 4-1-_-__ r - q > Z Y k4��r —R .'.� Jar . ' q Y d; -rya h is -- t ; t " _`; 4 w ^t'i i r � z `w , eYa "s5`ria %fit, G1 ;'1 F y.4Y ' ' 4-,Yvl �' � rrT C 3 'bt��x . y�A I i+.ure 2. '-mall ilcprc..inn Arca - Fcai Nails E =.lu!,'Y 2u.41Nl6i • "CC Pit # 1 E Vcnrion Pate 6 1 tc I.adic*-trc,ccs Orchid Suns, (241i6 142 • • ..-• u. • • • i6• • 'It i!a^' .• ..r^:r:rry l r. 4864 • • -'3.t%. �J. a t • f C C• • Volimar %•, , • • .A . • _ • 4BS. • A 0 •• • • 4tJfi, 4357 • '.arp. • �_' • • .r _ son I Ill t '9::4 _- !. •. S.PtMIR - v f:t rne- • - - Lake T' ,v. ''rS:Ntor. •A' •4867 -• .- _• f -r...... • _ • • • • • • -..•: • :Rnr•:.. 1?:i 0 :NCCI #1 Lite Ladies-tresses Orchid Survey Area (20O6)i QRYnK''raw SGT!•:nR: V B q C O - c • m 3 d a � a Asa m m.11 2 3 < p Y 2,yam ea "' _ ff b 4W i - a _' 5Z Ppa tNs A1u AleM �' - .- F+ 1 W , _ , ,. , yi40, H 0.„444,= ..,, .4, • ....., =.,, , 4c,a3 .:.44. ..14.,_ _..,... , , 4,•,,, , . 4..K. 4.,...„,„,.„....44.=7;:•#,,,,. 1 .p ,,iff,,,, . It? , 4 .:,,,A_1140., 4,4e-s:(1-4,4 =; 1, .E. ‘ -- - - -'-'''' --': ,%),I•1;_kr .O O, . . ... = 4 , , 44, .=-_.„..4.,..::-' - - - _ ,..._..,.. .,..i4.44,4:4,4=t-,44„ .,_. .- . . •.. a.. .i.) !==-,z in co _ ______4‘. . 4. . , . ., _;....:,.: , , ,. • . _ -<c)4_om ♦`: x ` S 444:4.-.;`- �� 1 C f a ca Vik 4C 4 1i.�' t. a co _ . . : X It--._ III :. _ 1,. Z • 144 • EXHIBIT K Climate Climate information was available for the Fort Lupton 2 SE, CO weather station from the Western Regional Climate Center. The climate data collected from 1971 through 2000 indicates the average total annual precipitation at the site to be approximately 13.79 inches per year and annual mean temperature to be approximately 48 degrees Fahrenheit. Monthly average temperature and precipitation data for the 29-year period of record are provided in the following table: Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual Average Max. 42.5 49.3 55.6 61.6 72.5 83.9 89.1 87.7 77.0 68.0 48.5 41.3 64.9 Temperature(F) Average Min. 11.8 19.0 23.9 30.2 40.1 49.0 53.4 51.3 41.8 32.8 19.2 10.9 32.0 Temperature(F) Average Total 0.48 0.32 0.87 1.84 2.19 1.83 1.17 1.50 1.45 0.94 0.74 0.47 13.79 Precipitation (in.) • • M-2001-107 NCCI Pit#1 DRMS 112 Permit Amendment 145 • EXHIBIT L Reclamation Cost A phased and cumulative bonding approach was approved in Technical Revision #3. The required financial warranty amounts have been updated to reflect the new phasing and new quantities that result from this amendment. Below is a summary table of the financial warranty required for each phase and the cumulative financial warranty required as the mining progresses through the phases. Additional Financial Cumulative Warranty Financial Required Warranty Phase 1 $ 312,044 $ 312,044 Phase 2 $ 101,812 $ 413,856 Phase 3 $ 151,236 $ 565,092 Phase 4 $ 32,426 $ 597,518 Phase 5 $ 107,398 $ 704,916 Phase 6 $ 111,072 $ 815,988 Phase 7 $ 132,003 $ 947,991 Phase 8 $ 204,462 $ 1,152,453 Phase 9 $ 78,846 $ 1,231,299 Phase 10 $ 66,662 $ 1,297,962 Phase 11 $ 72,284 $ 1,370,245 Phase 12 $ 9,909 $ 1,380,154 Phase 13 $ (41,645) $ 1,338,509 These amounts assume that no reclamation activity has occurred. As each new phase is started, the financial warranty for that phase will be posted with the Division. When a phase has been reclaimed, inspected, and accepted by the Division, the associated financial warranty for that phase will then be reduced/released to 20% of the financial warranty required for that phase. Please see the attached calculations for details of the costs and quantities used to determine the financial warranty required for each phase of mining. • M-2001-107 NCO Pd#1 DRMS 112 Permit Amendment 146 Northern Colorado Constructors, Inc. . J&T Consulting, Inc. NCCI Pit#1 6/8/2007 FicRe2colaollim:CoBonstatinnd Quantities and Costs 1Pv g,Ine. 06109 NCCI Pit 1 Amendment Rec Bond Cal Summary of Unit Costs from Technical Revision#2 Direct costs Re-applying topsoil 12"thick $2,178.00 /acre Revegetating disturbed area $820.00 / acre Dewatering full pit $201.50 / million gallons Liner Cost(see breakdown below) $59.36 / linear foot Mobilization $2,500 lump sum Liner Cost Breakdown Ripping Clay and Shale $7.12 / linear foot Hauling and placement of clay $16.46 / linear foot Hauling and placement of overburden $5.94 / linear foot Blending and moisture conditioning $11.80 / linear foot Compaction to desired density $17.43 / linear foot QA/QC $0.61 / linear foot Total Liner Cost $59.36 / linear foot Overhead and Profit Costs Liability insurance 1.55% of direct cost Performance bond 1.05% of direct cost Profit 10.00% of direct cost Total Overhead Cost 12.60% of direct cost Project Management Engineering and bidding 4.25% of direct cost Management and administration 5.00% of direct cost Total Additional Cost 9.25% of direct cost Additional Unit Costs Direct costs Scarifying Ground $200 /acre • 1 of 8 147 Northern Colorado Constructors, Inc. • J&T Consulting, Inc. NCCI Pitt! 8/8/2007 Reclamation Bond Quantities and Costs tPiY ©2007 j&T Consottle&Inc. 06109 NCCI Pit 1 Amendment Rae Bond Cal Phase 1 (11.07 acres) Reclamation Operation Quantity Unit Unit Cost Cost Active Mininq Area Permanent liner 580 If $ 59.36 $ 34,429 Liner Required to Close Phase 1 2,490 If $ 59.36 $ 147,806 Topsoil Area Above Water 1.4 ac $ 2,178 $ 3,049 Revegetate Area Above Water 1.4 ac $ 820 $ 1,148 Dewatering of Full Pit 79.4 Mil.Gal. $ 201.50 $ 15,999 Plant Site/Temporary Topsoil Stockpile Areas in Phases 5 Scarifying Ground in Plant Site Area 4.6 ac $ 200 $ 920 Topsoil Placement in Plant Site Area 4.6 ac $ 2,178 $ 10,019 Revegetate Plant Site Area 4.6 ac $ 820 $ 3,772 Scarifying Ground in Topsoil Stockpile Areas 2.0 ac $ 200 $ 400 Revegetate Topsoil Stockpile Areas 2.0 ac $ 820 $ 1,640 Batch Plant Areas Scarifying Ground in Batch Plant Area 10.0 ac $ 200 $ 2,000 Topsoil Placement in Batch Plant Area 10.0 ac $ 2,178 $ 21,780 Revegetate Batch Plant Area 10.0 ac $ 820 $ 8,200 Mobilization 1.00 Is $ 2,500 $ 2,500 Total Direct Cost $ 253,662 Overhead and Profit Cost(12.60%) $ 31,961 • Contract Cost $ 285,624 Project Management(9.25%) $ 26,420 Total Required Financial Warranty For Phase 1 $ 312,044 Phase 2 (9.93 acres) Reclamation Operation Quantity Unit Unit Cost Cost Active Mininq Area Liner Required to Close Phase 1 (Credit) 885 If $ 59.36 $ (52,534) Permanent liner 570 If $ 59.36 $ 33,835 Liner Required to Close Phases 1-2 1,380 If $ 59.36 $ 81,917 Topsoil Area Above Water 0.9 ac $ 2,178 $ 1,960 Revegetate Area Above Water 0.9 ac $ 820 $ 738 Dewatering of Full Pit 71.2 Mil. Gal. $ 201.50 $ 14,347 Mobilization 1.00 Is $ 2,500 $ 2,500 Total Direct Cost $ 82,763 Overhead and Profit Cost(12.60%) $ 10,428 Contract Cost $ 93,192 Project Management(9.25%) $ 8,620 Additional Financial Warranty Required For Phase 2 $ 101,812 • 2 of 8 148 Northern Colorado Constructors,Inc. • J&T Consulting, Inc. NCCI Pit p1 8/8/2007 !Id©Re2colaollmil7ajtii Bond Quantities and Costs tpy Consulting,Inc. 08109 NCCI Pit 1 Amendment Rec Bond Cake Phase 3 (6.31 acres) Reclamation Operation Quantity Unit Unit Cost Cost Active Mining Area Liner Required to Close Phase 2(Credit) 520 If $ 59.36 $ (30,867) Permanent liner 1,150 If $ 59.36 $ 68,264 Liner Required to Close Phases 1-3 1,190 If $ 59.36 $ 70,638 Topsoil Area Above Water 1.10 ac $ 2,178 $ 2,396 Revegetate Area Above Water 1.10 ac $ 820 $ 902 Dewatering of Full Pit 45.2 Mil.Gal. $ 201.50 $ 9,108 Mobilization 1.00 Is $ 2,500 $ 2,500 Total Direct Cost $ 122,941 Overhead and Profit Cost(12.60%) $ 15,491 Contract Cost $ 138,431 Project Management(9.25%) $ 12,805 Additional Financial Warranty Required For Phase 3 $ 151,236 Phase 4 (8.28 acres) • Reclamation Operation Quantity Unit Unit Cost Cost Active Mining Area Liner Required to Close Phases 2-3(Credit) 1,070 If $ 59.36 $ (63,515) Permanent liner - If $ 59.36 $ - Liner Required to Close Phases 1-4 1,240 If $ 59.36 $ 73,606 Topsoil Area Above Water 0.6 ac $ 2,178 $ 1,307 Revegetate Area Above Water 0.6 ac $ 820 $ 492 Dewatering of Full Pit 59.4 Mil. Gal. $ 201.50 $ 11,969 Mobilization 1.00 Is $ 2,500 $ 2,500 Total Direct Cost $ 26,359 Overhead and Profit Cost(12.60%) $ 3,321 Contract Cost $ 29,680 Project Management(9.25%) $ 2,745 Additional Financial Warranty Required For Phase 4 $ 32,426 • 3 of 8 149 . Northern Colorado Constructors, Inc. J&T Consulting, Inc. NCCI Pit#1 8/8/2007 !iitoRe2colassi:::: Bond Quantities and Costs 1p' Co nadtlos„Inc. 06109 NCCI Pit 1 Amendment Rec Bond Cal Phase 5 (10.20 acres) Reclamation Operation Quantity Unit Unit Cost Cost Active Mining Area Liner Required to Close Phases 34(Credit) 945 If $ 59.36 $ (56,095) Permanent liner 1,520 If $ 59.36 $ 90,227 Liner Required to Close Phases 1-5 555 If $ 59.36 $ 32,945 Topsoil Area Above Water 1.0 ac $ 2,178 $ 2,178 Revegetate Area Above Water 1.0 ac $ 820 $ 820 Dewatering of Full Pit 73.1 Mil. Gal. $ 201.50 $ 14,730 Mobilization 1.00 Is $ 2,500 $ 2,500 Total Direct Cost $ 87,304 Overhead and Profit Cost(12.60%) $ 11,000 Contract Cost $ 98,305 Project Management(9.25%) $ 9,093 Additional Financial Warranty Required For Phase 5 $ 107,398 Phase 6 (11.03 acres) • Reclamation Operation Quantity Unit Unit Cost Cost Active Mining Area Liner Required to Close Phases 1 (Credit) 820 If $ 59.36 $ (48,675) Permanent liner 1,425 If $ 59.36 $ 84,588 Liner Required to Close Phases 1-6 560 If $ 59.36 $ 33,242 Topsoil Area Above Water 0.9 ac $ 2,178 $ 1,960 Revegetate Area Above Water 0.9 ac $ 820 $ 738 Dewatering of Full Pit 79.1 Mil. Gal. $ 201.50 $ 15,939 Mobilization 1.00 Is $ 2,500 $ 2,500 Total Direct Cost $ 90,291 Overhead and Profit Cost(12.60%) $ 11,377 Contract Cost $ 101,668 Project Management(9.25%) $ 9,404 Additional Financial Warranty Required For Phase 6 $ 111,072 • 4 of 8 150 Northern Colorado Constructors, Inc. ID J&T Consulting, Inc. NCCI Pit#1 8/8/2007 rae2cola107::: Bond Quantities and Costs tpY Constaldoa.Inc. 06109 NCCI Pit 1 Amendment Rec Bond Cal Phase 7 (7.81 acres) Reclamation Operation Quantity Unit Unit Cost Cost Active Mining Area Liner Required to Close Phase 6(Credit) 560 If $ 59.36 $ (33,242) Permanent liner 1,400 If $ 59.36 $ 83,104 Liner Required to Close Phases 1-7 685 If $ 59.36 $ 40,662 Topsoil Area Above Water 1.0 ac $ 2,178 $ 2,178 Revegetate Area Above Water 1.0 ac $ 820 $ 820 Dewatering of Full Pit 56.0 Mil. Gal. $ 201.50 $ 11,284 Mobilization 1.00 Is $ 2,500 $ 2,500 Total Direct Cost $ 107,306 Overhead and Profit Cost(12.60%) $ 13,521 Contract Cost $ 120,827 Project Management(9.25%) $ 11,176 Additional Financial Warranty Required For Phase 7 $ 132,003 Phase 8(7.49 acres) • Reclamation Operation Quantity Unit Unit Cost Cost Active Mining Area Permanent liner 1,745 If $ 59.36 $ 103,583 Liner Required to Close Phase 8 770 If $ 59.36 $ 45,707 Topsoil Area Above Water 1.2 ac $ 2,178 $ 2,614 Revegetate Area Above Water 1.2 ac $ 820 $ 984 Dewatering of Full Pit 53.7 Mil.Gal. $ 201.50 $ 10,821 Mobilization 1.00 Is $ 2,500 $ 2,500 Total Direct Cost $ 166,209 Overhead and Profit Cost(12.60%) $ 20,942 Contract Cost $ 187,151 Project Management(9.25%) $ 17,311 'Additional Financial Warranty Required For Phase 8 $ 204,462 I • 5 of 8 151 • J&T Consulting, Inc. Northern Colorado Constructors, Inc. NCCI Pit#1 8/8/2007 !IdiReclam7iticin Bond Quantities and Costs tpy 07 J&T Consulting,Inc. 06109 NCCI Pit 1 Amendment Rec Bond Cal Phase 9(7.49 acres) Reclamation Operation Quantity Unit Unit Cost Cost Active Mining Area Liner Required to Close Phase 8(Credit) 770 If $ 59.36 $ (45,707) Permanent liner 875 If $ 59.36 $ 51,940 Liner Required to Close Phases 8-9 715 If $ 59.36 $ 42,442 Topsoil Area Above Water 0.7 ac $ 2,178 $ 1,525 Revegetate Area Above Water 0.7 ac $ 820 $ 574 Dewatering of Full Pit 53.7 Mil. Gal. $ 201.50 $ 10,821 Mobilization 1.00 Is $ 2,500 $ 2,500 Total Direct Cost $ 64,094 Overhead and Profit Cost(12.60%) $ 8,076 Contract Cost $ 72,170 Project Management(9.25%) $ 6,676 Additional Financial Warranty Required For Phase 9 $ 78,846 Phase 10 (5.97 acres) • Reclamation Operation Quantity Unit Unit Cost Cost Active Mining Area Liner Required to Close Phase 9(Credit) 715 If $ 59.36 $ (42,442) Permanent liner 1,390 If $ 59.36 $ 82,510 Topsoil Area Above Water 1.0 ac $ 2,178 $ 2,178 Revegetate Area Above Water 1.0 ac $ 820 $ 820 Dewatering of Full Pit 42.8 Mil. Gal. $ 201.50 $ 8,624 Mobilization 1.00 Is $ 2,500 $ 2,500 Total Direct Cost $ 54,190 Overhead and Profit Cost(12.60%) $ 6,828 Contract Cost $ 61,018 Project Management(9.25%) $ 5,644 Additional Financial Warranty Required For Phase 10 $ 66,662 • 6of8 152 Northern Colorado Constructors, Inc. • ' J&T Consulting, Inc. NCCI Pit th 8/8/2007 Reclamation Bond Quantities and Costs tpy ©2007 J!T ConsoltIns,Inc. 06109 NCCI Pit 1 Amendment Rec Bond Cal Phase 11 (9.96 acres) Reclamation Operation Quantity Unit Unit Cost Cost Active Mininq Area Liner Required to Close Phases 4-5(Credit) 1,075 If $ 59.36 $ (63,812) Permanent liner 1,290 If $ 59.36 $ 76,574 Liner Required to Close Phases 1-7, 11 450 If $ 59.36 $ 26,712 Topsoil Area Above Water 0.8 ac $ 2,178 $ 1,742 Revegetate Area Above Water 0.8 ac $ 820 $ 656 Dewatering of Full Pit 71.4 Mil.Gal. $ 201.50 $ 14,387 Mobilization 1.00 Is $ 2,500 $ 2,500 Total Direct Cost $ 58,760 Overhead and Profit Cost(12.60%) $ 7,404 Contract Cost $ 66,164 Project Management(9.25%) $ 6,120 Additional Financial Warranty Required For Phase 11 $ 72,284 Phase 12 (6.71 acres) • Reclamation Operation Quantity Unit Unit Cost Cost Active Mining Area Liner Required to Close Phases 1,7 (Credit) 1,470 If $ 59.36 $ (87,259) Permanent liner 1,370 If $ 59.36 $ 81,323 Topsoil Area Above Water 0.6 ac $ 2,178 $ 1,307 Revegetate Area Above Water 0.6 ac $ 820 $ 492 Dewatering of Full Pit 48.1 Mil. Gal. $ 201.50 $ 9,692 Mobilization 1.00 Is $ 2,500 $ 2,500 Total Direct Cost $ 8,055 Overhead and Profit Cost(12.60%) $ 1,015 Contract Cost $ 9,070 Project Management(9.25%) $ 839 Additional Financial Warranty Required For Phase 12 $ 9,909 • 7 of 8 153 Northern Colorado Constructors, Inc. • ' J&T Consulting, Inc. NCCI Pit#1 8/8/2807 Reclamation Bond Quantities and Costs tpy ©2007 MT Consutttny,Inc. 86109 NCCI Pit 1 Amendment Roc Bond Calcs Phase 13 (9.03 acres) Reclamation Operation Quantity Unit Unit Cost Cost Active Mininq Area Liner Required to Close Phases 2,4,11 (Credit) 1,205 If $ 59.36 $ (71,529) Permanent liner 1,265 If $ 59.36 $ 75,090 Topsoil Area Above Water 0.6 ac $ 2,178 $ 1,307 Revegetate Area Above Water 0.6 ac $ 820 $ 492 Dewatering of Full Pit 64.7 Mil. Gal. $ 201.50 $ 13,037 Plant Site/Temporary Topsoil Stockpile Areas in Phases 5 Scarifying Ground in Plant Site Area(credit) 4.6 ac $ 200 $ (920) Topsoil Placement in Plant Site Area(credit) 4.6 ac $ 2,178 $ (10,019) Revegetate Plant Site Area(credit) 4.6 ac $ 820 $ (3,772) Scarifying Ground in Topsoil Stockpile Areas(credit) 3.0 ac $ 200 $ (600) Revegetate Topsoil Stockpile Areas(credit) 3.0 ac $ 820 $ (2,460) Batch Plant Area Scarifying Ground in Batch Plant Area(credit) 10.0 ac $ 200 $ (2,000) Topsoil Placement in Batch Plant Area(credit) 10.0 ac $ 2,178 $ (21,780) . Revegetate Batch Plant Area (credit) 10.0 ac $ 820 $ (8,200) Mobilization 1.00 Is $ 2,500 $ (2,500) Total Direct Cost $ (33,853) Overhead and Profit Cost(12.60%) $ (4,266) • Contract Cost $ (38,119) Project Management(9.25%) $ (3,526) Additional Financial Warranty Required For Phase 13 $ (41,645) Total Financial Warranty Required For All Phases $ 1,380,154 • 8 of 8 154 • EXHIBIT M Other Permits and Licenses NCCI will apply for and obtain and/or update the following permits and/or notices prior to commencement of any mining or mining-related activities at the NCCI Pit #1 amendment area site: Colorado Office of the State Engineer • Well Permit • Substitute Water Supply Plan Colorado Department of Public Health and Environment • Air Pollution Emission Notice • Colorado Discharge Permit System Weld County • Amendment to current Use by Special Review Permit • • Flood Hazard Development Permit • M-2001-107 NCCI Pit#1 DRMS 112 Permit Amendment 155 • EXHIBIT N Source of Legal Right to Enter See attached • • M-2001-107 NCCI Pit#1 DRMS 112 Permit Amendment 156 Zadel Family, LLLP • 4200 WCR 19 Fort Lupton, Colorado 80621 Source of Legal Right to Enter May 9, 2007 Mr. Carl Mount Senior Environmental Protection Specialist Colorado Division of Reclamation, Mining, and Safety 1313 Sherman Street Room 215 Denver, Colorado 80203 Re: NCCI Pit # 1 — Northern Colorado Constructors, Inc., Construction Material Regular(1 12) Operation Reclamation Permit Amendment 41, Mr. Mount: Please accept this letter as evidence that the applicant, Northern Colorado, Inc., has permission to enter and initiate a mining operation on the affected lands. By signing this letter, we warrant that we have the legal and sole ownership and authority to offer this permission. Thank your, Zadel Family, LLLP ne], [Title]/ 157 • EXHIBIT 0 Owner of Record of Affected Land (Surface Area) and Owner of Substance to be Mined The amendment area tract and the existing permitted tract are owned by the following: Zadel Family, LLLP 4200 WCR 19 Fort Lupton, CO 80621 See Attached Warranty Deed and Quitclaim Deed • • M-2001-107 NCCI Pit#1 DRMS 112 Permit Amendment 158 ;3 11111111111111111 III 11111 III 111111I1 1111111111 3213614 08/3012004 11:27A Weld County,CO 1 of 3 R 16.00 D 60.00 Steve Moreno Clerk d Recorder. , .,., '... '-r record the day of ,A.D. , at o'clockM. . RECORDER. By DEPUTY. 0. WARRANTY DEED • { ,':Nth DEED, made cn this day cf August04 between 18, 20 I ,.1 I,; - •.'xTON M. RANKIN AND STEPHANIE S. RANKIN • ..f :f.,. — County of WELD and State of COLORADO the Granter(s), and ',i -...,-..1-.t.,, FAMILY LLLP, A COLORADO LIMITED LIABILITY LIMITED PARTNERSHIP iI r I': ,I '- ''eSat address is : 8593 WELD COUNTY ROAD 25 FORT LUPTON, CO 80621 County of WELD and State of COLORADO the Grantee(s): '1;"NESS, That the Grantor(s), for and in consideration of the sum of ( $600,000.00 ) *'{ Six Hundred Thousand and 00/100 *** DOLLARS I: ..,'apt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conneyed, and by these' •. does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and assigns forever, all the II : :a,. praperty, together with improvements, if any, situate, lying and being in the ^`.Z and State of Colorado, described as follows: County of ti S_:E EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF fi r; ..1- 1 •:,,c,ill as street number 8593 WELD COUNTY ROAD 25, FORT LUPTON, CO 60621 • I., ('X:N1'HER with all and singular and hereditaments and appurtenances thereto bclongirg, or in anywise appertaining.e reversion and reversions, re.rairdcr end remainders, rents, issues and profits thereof; and all the estate, rigf.t' ,nTerest, claim and demand whatsoever of the Grantor(s), either in law or equity, ef, in and to the above bargained r.1 ...:1.1•:Fs, with the hereditaments and appurtenances; rl II'NAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s),fj ,,i ,ei:s and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, ;1 ,.'1,r. and agree to and with the Grantee(s), his heirs and assigns, that at the time cf the ensealing and delivery I' a' tI,'::.., presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible II •;-;e"' of inheritance, in law, in fee ample, and has good right, full power and lawful authority to grant, bargain, e:•.:, convey the same in tanner and form as aforesaid, and that the same are free and clear from all former and other'i �renu, uargains, sates, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature seever, .I.ri:IrT TO GENERAL TAXES FOR THE YEAR 2004;AND EASEMENTS,RESERVATIONS,RESTRICTIONS,COVENANTS AND ! I.I.3I TY OF WAY OF RECORD,IF ANY;AND DISTRIBUTION UTILITY EASEMENTS:AND MATTERS NOT SHOWN BY THE PUBLIC =`.‘ .)?.DS BUT OF WHICH GRANTEE HAS ACTUAL KNOWLEDGE;AND INCLUSION OF THE PROPERTY WITHIN ANY SPECIAL;;:I '. .•..DISTRICT;AND TILE BENEFITS AND BURDENS OF ANY DECLARATION AND PARTY WALL AGREEMENTS,IF ANY. F'1. .:,, :•ranior(s) shall and will WARRAST AND FOREVER DEFEND the above bargained U 1 -sion of the Grantee(s), his heirs and assigns, against all and every peron or premises in the quiet and peaceable the whole w-t thereof. The singular number shall include the plural, and the plur persons lclaiming al thesingular, and the useof any Vennde e r applicable to all genders. r !.V'n1 ITN E,SS WHEREOF the Grantor(s) has executed this doe on the date set forth above, it S'rox x. Ru+r,IH Ci i.i 07 il • siinazafa s, ,ivazus .:' .',T A.'i Or COLORADO ) 'i )£5. County of WILD ) • O�pRY P&f9>II .1 'e foregoing instrument was acknowledged before me on this day of Ao• se Is, 2 04 i . fl y 4A, oN M. RANKIN AND s79JXAtrIa 3. RANKIN // �� :011 '�r f ff r f • r,4 rl./t/o; comairion expiresI �`� 1f 9` 'Q�� ,17';' / 1 '.1 .:,ass my hand and official seal. I � i.: Ill C rr�� ii \--..— Notary;•tit)lic yComaissian(xpiter • I.1 V . 1J kc..,:• ..n. Address of Person Creat;ng Newly Created Legal Description ( 38-35-106.5,`C.R,S,) ?I'--'•,wr, 0N25046v64 When Recorded Return to: ZADEL FAMILY LLLP, A COLORADO LIMITED LIABILITY ',:—...7. rC25045964 LIMITED PARTNERSHIP - 8593 WELD COUNTY ROAD 25 FORT LUPTON, CO 80621 ' `emu •, !1/13/03 WD1 WARRANTY DEED (Photographic)(678815) 159 1111111 Iliil IIIII illii Iltll 111111 Illtll III hill IIII III' E?I-IIBIT A-. 2 of 3 R 16.00 10 60.0027 Steve MorenoRClerk 8 Recorder 4:3 C'EL "A". 11 OP THE LUPTON MEADOWS LAND COMPANY MAP OF DIVISION NO. 3, A SUBDIVISION • RECORDED JUNE LX'::EPTING THEREFROM IN OF MAPS PAGE HEREFROM 4.66 ACRES OFF T EEXTREMEMORTHERLY END OF SAID LOT 11, T]GFTHER WITH THE FORMER RIGHT OF WAY OF THE DENVER, LARAMIE AND NORTHWESTERN RAILROAD, SAID RIGHT OF WAY BEING DESCRIBED IN BOOK 314 AT PAGE 440, WELD COUNTY AC'T"RDS, ADJOINING.THE EASTERLY BOUNDARY LINE OF SAID LOT 11, INCLUDING SAID RIGHT -"' WAY ALONG THE EASTERLY LINE OF SAID 4.66 ACRE TRACT HEREINABOVE EXCEPTED FROM BEING A PART OF THE NE 1/4 OF SECTION 24, TOWNSHIP 2 NORTH, RANGE 67 WEST P :HE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, THE TOTAL BEING MORE 1'A?.TP.CULARLY DESCRIBED AST BE :NNING AT THE CENTER OF SAID SECTION 24; THENCE N 00 DEGREES 19' 00" E ON AN R.�.-JMED BEARING ALONG THE WESTERLY LINE OF SAID NE 1/4 OF SECTION 34 A DISTANCE OP FEET TO THE SW CORNER OF SAID LOT 11 AND THE TRUE POINT OF BEGINNING;. '.Lu:>NCE CONTINUING N 00 DEGREES 19' 00" E ALONG SAID WESTERLY LINE OP THE NE 1/4 OF SRCTION 24 A DISTANCE OP 992.94 FEET TO A POINT 319.00 FEET SOUTHERLY OF THE N 1/4 CORNER OF SAID SECTION 24, SAID POINT BEING THE SW CORNER OF SAID NORTHERLY 4.66 ACRES OF LOT 11; THENCE S 89 DEGREES 40' 20" E, PARALLEL WITH THE NORTHERLY LINE OF SAI' NE 1/4 OF SECTION 24 A DISTANCE OF 666.30 FEET TO THE WESTERLY LINE OF SAID • sMER RAILROAD RIGHT OF WAY; THENCE N 07 DEGREES 88' 00" W ALONG SAID WESTERLY OF THE FORMER RAILROAD RIGHT OF WAY A DISTANCE OF 322.37 FEET TO A POINT ON NORTHERLY LINE OF SAID NE 1/4 OF SECTION 24 SAID POINT BEING 613.86 FEET -.LS'TERLY OF SAID N 1/4 CORNER OF SECTION 24; THENCE S 89 DEGREES 40' 20" E ALONG AM' NORTHERLY LINE OF THE NE 1/4 OF SECTION 24 A DISTANCE OF 101.06 FEET TO A POINT 7PDXIMATELY 1898.88 FEET WESTERLY OF THE NE CORNER OF SAID SECTION 24; THENCE S ,7 DEGREES 58' 00" E ALONG THE EASTELY LINE OF SAID RAILROAD RIGHT OF WAY AND 50.00 'ET EASTERLY OF THE CENTERLINE OF SAID RAILROAD RIGHT OF WAY A DISTANCE OF 1092.48 FRET TO THE BEGINNING OF A CURVE TO THE RIGHT, THENCE SOUTHEASTERLY ON SAID CURVE THE RIGHT, HAVING A CENTRAL ANGLE OF 2 DEGREES 17' 07", A RADIUS OF 5779.58 3;1:'"•', A CHORD THAT BEARS S 06 DEGREES 49' 27" E 230.50 FEET, AND AN ARC LENGTH OF FEET TO A POINT IN LINE WITH THE LOUTHERLY LINE OF SAID LOT 11; THENCE N 89 UHJRCES 48' 41" W ALONG THE SOUTHERLY LINE OF SAID LOT 11 A DISTANCE OF 900.97 'EEL' TO THE TRUE POINT OF BEGINNING. T:'CETHER WITH A NON-EXCLUSIVE ACCESS AND UTILITY EASEMENT OVER THE NORTHERLY 30 • e ror OF LOT 7 OF SAID LUPTON MEADOWS LAND COMPANY MAP OF DIVISION NO. 3 AND OVER TUE EASTERLY 60 FEET OF THE NORTHERLY 685 FEET OF LOT 12 OF SAID LUPTON MEADOWS LAND COMPANY MAP OF DIVISION NO. 3, ACCORDING TO PARCEL MAP RECORDED JANUARY 20, 2003 AT RECEPTION NO. 3025127 OF WELD COUNTY RECORDS. PARCEL "Xi": -4;T 12 OF THE LUPTON MEADOWS LAND COMPANY MAP OF DIVISION NO. 3, A SUBDIVISION RR:''RDED JUNE 12, 1309 IN BOOK 5 OF MAPS AT PAGE 1, TOGETHER WITH THE FORMER RIGHT IF at:( OF THE DENVER, LARAMIE AND NORTHWESTERN RAILROAD, SAID RIGHT OF WAY BEING 4S. C:U:BED IN DEED RECORDED IN BOOK 314 AT PAGE 440, WELD COUNTY RECORDS, ADJOINING :'AO EASTERLY BOUNDARY LINE OF SAID LOT 12, BEING A PART OF THE NE 1/4 OP SECTION 24. TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, THE TOTAL BEING MORE PARTICULARLY DESCRIBED AS: IULT NNING AT THE E 1/4 CORNER OF SAID SECTION 24; THENCE N 89 DEGREES 57' 01" W ON AN ,tlSUMED HEARING ALONG THE SOUTHERLY LINE OF SAID NE 1/4 A DISTANCE OF 1654.39 EST TO A POINT ON THE EASTERLY LINE OF THE ABANDONED DENVER, LARAMIE AND .SRTEWESTERN RAILROAD RIGHT OF WAY, SAID POINT BEING THE TRUE POINT OF BEGINNING; T--EN,-F CONTINUING N 89 DEGREES 57' 01" W A DISTANCE OF 958.88 FEET TO THE CENTER OF SECTION 24; THENCE N 00 DEGREES 19' 00" E ALONG THE WESTERLY LINE OF SAID NE ,'flµ OF SECTION 24 A DISTANCE OF 1311.94 FEET; THENCE S 89 DEGREES 48' 41" E A .-,?TANCE OF 900.97 FEET TO THE EASTERLY LINE OF SAID RAILROAD RIGHT OF WAY; "_'HENCE SOUTHWESTERLY ON A CURVE THAT BEARS TO THE RIGHT AND ALONG THE EASTERLY LINE OF SAID RAILROAD RIGHT OF WAY AND HAVING A DELTA OF 4 DEGREES 07' 53". A.RADIUS OF 5779.58 'r SET, A CHORD BEARS S 03 DEGREES 36' 57" E 416.67 FEET AND AN ARC LENGTH OF 416.76 ['711"T TO THE END OF THE CURVE; THENCE S 01 DEGREES 33' 00" E ALONG SAID RAILROAD RIGHT OF WAY A DISTANCE OF 239.19 PEET; THENCE CONTINUING S 01 DEGREES 33' 00" E .Ar.ONG SAID RAILROAD RIGHT OF WAY A DISTANCE OF 655.08 FEET TO THE TRUE POINT OF LEGINNING. -')GE'TRER WITH A NON-EXCLUSIVE ACCESS AND UTILITY EASEMENT OVER THE NORTHERLY 30 PRO' OF LOT 7 OF SAID LUPTON MEADOWS LAND COMPANY MAP OF DIVISION NO. 3, AND UL;0. ING A NON-EXCLUSIVE ACCESS AND UTILITY EASEMENT OVER THE EASTERLY 60 FEET OF 'UC NORTHERLY 685 FEET OF LOT 12 OF SAID LUPTON MEADOWS LAND COMPANY MAP OF DIVISION • NO. 3, ACCORDING TO PARCEL MAP RECORDED JANUARY 20, 2003 AT RECEPTION NO. 3025127 l2 WELD COUNTY RECORDS.3 /{ /] ..;� F:%h:'LITA 01/17/03 FC25046964 /%��7 a5��+ led (/ i11111 lu l l I I I I I I I I I I III!!I I I!!!111111 III IIIII Jill III I 3213614 08/30/2004 11:27A Weld County,CO 0 of 3 R 16.00 D 60.00 Steve Moreno Clerk&Recorder EXHIBIT A • PARCEL "C": LOT 7 OF THE LUPTON MEADOWS LAND COMPANY MAP OF DIVISION NO. 3, A SUBDIVISION RECORDED JUNE 12, 1909 IN BOOK 5 OF MAPS AT PAGE 1, BEING A PART OF THE NE 1/4 OF SECTION 24, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE E 1/4 CORNER OF SAID SECTION 24; THENCE N 89 DEGREES 57' 01" W ON AN ASSUMED BEARING ALONG THE SOUTHERLY LINE OF SAID NE 1/4 A DISTANCE OF 1654.39 FEET TO A POINT ON THE EASTERLY LINE OF THE ABANDONDED DENVER, LARAMIE AND NORTHWESTERN RAILROAD RIGHT OF WAY, SAID RIGHT OF WAY BEING DESCRIBED IN DEED RECORDED IN BOOK 314 AT PAGE 440, WELD COUNTY RECORDS; THENCE N 01 DEGREES 33' 00" W ALONG SAID EASTERLY LINE OF THE ABANDONDED DENVER, LARAMIE AND NORTHWESTERN.RAILROAD RIGHT OF WAY A DISTANCE OF 555.08 FEET; THENCE S 89 DEGREES 52' 51" E A DISTANCE OF 1675.91 FEET; THENCE S 00 DEGREES 20' 00" W A DISTANCE OF 652.80 FEET TO THE POINT OF BEGINNING. RESERVING A NON-EXCLUSIVE ACCESS AND UTILITY EASEMENT OVER THE NORTHERLY 30 FEET OF SAID LOT 7 OF LUPTON MEADOWS LAND COMPANY MAP OF DIVISION NO. 3, ACCORDING TO PARCEL MAP RECORDED JANUARY 20, 2003 AT RECEPTION NO. 3025127 OF WELD COUNTY RECORDS. • • ,25046964 ..,m EXHIBITAI 07/17/03 (690315) A 161 I1Ill 11 11 11III l Ell II1I lIR !Il l l 11l Ill! fl 11 • c ' 3490931 07/17/2007 01:14P Weld County, CO 1 of 1 R 6.00 D 35.60 Steve Moreno Clerk & Recorder Quitclaim Deed This Quitclaim Deed is made on July 12 , 20 07 between Northern Colorado Constructor, Inc. _ , Grantor, address: 9075 WCR 10 Fort Lupton, CO 80621 and Zadel Family LLLP , Grantee, address: 4200 WCR 19 Fort Lupton, CO 80621 For valuable consideration, the Grantor hereby quitclaims and transfers the following described real estate to the Grantee to have and hold forever, located at: 8240 Weld County Road 25 (Lots 3,4, 5 and 6 of the Southeast 'A, Section 24.Township 2 North, Range 67\Vest of the 6a'P.M..Weld County. Colorado. according to the subdivision of said lands by the Lupton Meadows Land Company; also, a strip of land 100 feet wide,being 50 feet wide on each side of the center line of the Denver, Laramie and Northwestern Railway Company as originally located over, across, and the through • Southeast '/ of Section 24, Township 2 North, Range 67 West of the 6th P.M.; said center line is more fully described as follows: Beginning at a point on the North line of the county road 1002.3 feet East of the West line of said Southeast '/.;thence North 1° 33' West to a point on the County of Weld, State of Colorado City of Fort Lupton , State o f Colorado • Dated: July 12 , 20 07 John M Zadel -President ignature of ntor Printed Name of Grantor State of Colorado County of Weld On July 12 _, 2007-, Sohn M. Zadel _ personally carne before me and, being duly swom, did state that he or she is the person described in the above document and that he or she signed the above document in my presence. • • ! 5 etai'- . .1...McFA rdl. " ir it • ` 4i:•':• i�tiiSil .. il. ,=r.i i<'r :he o•rt ��- :1 $TA E fl= .,.. . State of Co3orado My commission expires: �� C./ .i 'Notary' §krunzssion.tx ;. ; :!2610A 162 • herieD tfle Witflfft instrument is a#F76 1uDI1r.3tf ` tic. Original fiteo iff my office �� • hand and fficial seal this I Weld County Clerk and Recofde �t•�:� (�� ty• ,�ora�� w • 163 EXHIBIT P Municipalities within Two Miles City of Fort Lupton 130 South McKinley Avenue Fort Lupton, Colorado 80621 • • M-2001-107 NCCI Pit#1 DRMS 112 Permit Amendment 164 • EXHIBIT Q Proof of Mailing Notices to County Commissioners and Soil Conservation District See attached. • • M-2001-107 NCCI Pd#1 DRMS 112 Permit Amendment 165 S NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR(112)CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF COUNTY COMMISSIONERS kiew COUNTY Net-itlert4 CotoR.#,po Ccr .T$.Cite$., tttG, (the "Applicant/Operator")has applied for a Regular(112)reclamation permit from the Colorado Mined Land Reclamation Board(the"Board")to conduct the extraction of construction materials operations in Wino County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclamation,Mining and Safety(the"Division")and the local county clerk and recorder. The applicant/operator proposes to reclaim the affected land to txvrtaPEv LAin. searrenteces. use. Pursuant to Section 34-32.5-I I6(4Xm),C.RS.,the Board may confer with the local Board of County Commissioners before approving of the post-mining land use. Accordingly,the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application,you must submit written comments on the application within twenty(20)days of the date of last publication of notice pursuant to Section 34-32.5-112(10), C.R.S. If you would like to discuss the proposed post-mining land use,or any other issue regarding this application,please contact the --- Division of Reclamation,Mining and Safety, 1313 Sherman Street,Room 215,Denver,Colorado 80203,(303) 866-3567. NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate description of the change. M:MinaharevaremsSCauevcd"n 112.doc (Approved 05/11/2005) c o Q`�C �- 3 rn 0 O 30 • O 20 /%1/"(-11,/�L.,ef � 6/96?//d// • NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112)CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL CONSERVATION DISTRICT n-ATIE VALLO( DISTRICT 1.1cr$erat Gael;aoo eationeveTt $,, o.Y (the"Applicant/Operator")has applied for a Regular(112)reclamation permit from the Colorado Mined Land Reclamation Board(the"Board")to conduct the extraction of construction materials operations in We-v County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclamation,Mining and Safety(the"Division")and the local county clerk and recorder. The applicant/operator proposes to reclaim the affected land to DevacreD HAra. Fa35o*FCL'S use. Pursuant to Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Conservation Districts before approving of the post-mining land use. Accordingly,the Board would appreciate your comments on the proposed operation. Please note that,in • order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within twenty(20)days of the date of last publication of notice pursuant to Section 34-32.5-112(10), C.R.S. If you would like to discuss the proposed post-mining land use,or any other issue regarding this application,please contact the Division of Reclamation,Mining and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203,(303)866-3567. NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate description of the change. { t N bm"iiIinv „ I• 1 - SENSE': CAM•LETS THIS SECTI•N C•M•LETE THIS SECTI•N •N •ELIVE•Y • Complete items 1,2,and 3.Also complete A sit .tuna' item 4 if Restricted Delivery Is desired. I 'S Agent • Print your name and address on the reverse X I'�,' �� \..� Addressee so that we can return the card to you. B. •-ceived by(Printed Nam: C Dat.of Delivery ■ Attach this card to the back of the mailpiece, , So 2 or on the front if space permits. i 7 • 1. Article Addressed to: D. Is delivery address different from item 1? O Yes /� / ile7 -1Lk / /r {t niC /.`� If YES,enter delivery address below: ❑No • Pk &atieVc2/. 3 Septice Type V1 .L.C/754 Certified Mail O Express Mail • /. J �/))y Y e^to-b,:21 ❑'Registered ❑ Return Receipt for Mercnandlse ` ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7007 0710 0005 4537 9137 (Transfer from service label- — PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M.1540 • • • EXHIBIT R Proof of Filing with County Clerk or Recorder See attached. • • M-2001-107 NCCI Pit#1 DRMS 112 Permit Amendment 166 Hello