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Home My WebLink About20082471.tiff AFFIDAVIT OF INTERESTED LA. OWNERS • Page 2 of 2 TAYLOR JAMES A & 665 BALSAM AVENUE Additional Owners: 096104301009 T•YLOR DIANA GREELEY,CO 80631 • • http://maps2.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=096104000060&Par 1=096104200017... 5/21/2008 LIST OF MINERAL OWNERS AND MINERAL LESSEES • (Derr) Subject Property: Township 5 North, Range 65 West, 6th P.M., Weld County, CO Sec. 4: A tract in the NE% and being more particularly described as follows: Commencing at the North quarter corner and considering the West line of said NE%to bear South 01 degrees 24 minutes 41 seconds West with all other bearings contained herein being relative thereto: thence South 01 degrees 24 minutes 41 seconds West, 1150.00 feet along the West line of the NE%to an existing fence line and the true point of beginning: thence along said fence line by the following twelve (12) courses; South 82 degrees 26 minutes 00 seconds East, 509.80 feet; North 77 degrees 17 minutes 00 seconds East, 589.30 feet; South 01 degrees 07 minutes 00 seconds West, 82.20 feet; South 28 degrees 44 minutes 00 degrees East 39.30 feet South 00 degrees 46 minutes 00 seconds West, 226.70 feet; South 83 degrees 16 minutes 00 seconds East, 201.80 feet; North 09 degrees 03 minutes 00 seconds East, 164.80 feet; North 88 degrees 31 minutes 00 seconds East, 218,50 feet; South 21 degrees 46 minutes 00 seconds East, 481.30 feet; South 00 degrees 30 minutes 00 seconds East 353.50 fee South 44 degrees 55 minutes 00. seconds East, 237.00 feet; South 26 degrees 57 minutes 00 seconds East 415.57 feet; to a point on the South line of said Northeast quarter thence North 88 degrees 14 minutes 05 seconds West, 2112.20 feet along said South line to the Southwest corner of the Northeast quarter of said Section 4; thence North 01 degrees 24 • minutes 41 seconds East, 1410.09 feet to the True Point of Beginning. Crews & Zeren, LLC, a mineral title company, states that to the best of its knowledge the following is a true and accurate list of the names and addresses of the mineral owners and mineral leasehold owners having an interest in the Subject Property, based upon the real property records of Weld County, Colorado, as verified through May 9, 2008. A photocopy or facsimile of this list shall, for all purposes, be as valid as the original hereof. Dated this 27th day of May, 2008. Crews & Zeren, LLC By: William G. Crews, CPL Certified Professional Landman #3477 • Crews e3'Zeren,LW MlfineraRritke Services P.D. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 1 of 3 Fad,(303)484-2110 • Mineral Owners Mineral Leasehold Owners: Dust & Dirt Excavating LLC Kerr-McGee Oil & Gas Onshore LP 699 N 15' Avenue 1099 18th Street, Suite 1800 Greeley, CO 80631 Denver, CO Monago Operating, LLC 12 Dos Rios Greeley, CO 80634 • • Crews eh'Zeren,LLC MinerdTitfe Services P.O. 930.4,336337 (970)351-0733 Greeley, CO 80633-0606 Page 2 of 3 Fax(303)484-2110 • By acceptance and use of this list, the client and its agents agree to all of the following: William G. Crews ("Crews") and Cynthia A. E. Zeren ("Zeren") are Certified Professional Landmen certified by the American Association of Petroleum Landmen who have been asked by Client or Client's agent to provide listings of mineral estate owners entitled to notice pursuant to §§ 24-65.5-103 or 31-23-215, C.R.S., as provided under the Surface Development Notification Act, Colorado Revised Statutes §24-65.5-101 et seq. Such lists will be prepared by Crews or Zeren, although the Client's contract is with, and all payments are due to, Crews & Zeren, LLC ("C&Z"), a Colorado limited liability company of which Crews and Zeren are the only members. Neither Crews nor Zeren is an attorney licensed to practice law. Crews and Zeren have agreed to prepare listings of mineral estate owners for the Client only if the Client agrees that the liability of Crews, Zeren and C&Z in connection with such services shall conclusively be limited to the amount paid by the Client to C&Z for such services. Crews, Zeren and C&Z make no warranty, express, implied or statutory, in connection with the accuracy, completeness or sufficiency of any such listing of mineral estate owners. In the event any such listing proves to be inaccurate, incomplete, insufficient or otherwise defective in any way whatsoever or for any reason whatsoever, the liability of Crews, Zeren and C&Z shall never exceed the actual amount paid by Client to C&Z for such listing. In order to induce Crews, Zeren and C&Z to provide such services, Client does hereby agree to indemnify and hold Crews, Zeren and C&Z harmless from and against all claims by all persons (including but not limited to Client) of whatever kind or character arising out of the preparation and use of each such listing of mineral estate owners, to the extent that such claims exceed the actual amount paid by Client to C&Z for such listing. • Client specifically intends that both the foregoing limitation on liability and the foregoing indemnification shall be binding and effective without regard to the cause of the claim, inaccuracy or defect, including but not limited to, breach of representation, warranty or duty, any theory of tort or of breach of contract, or the fault or negligence of any party (including Crews, Zeren and C&Z) of any kind or character (regardless of whether the fault or negligence is sole, joint, concurrent, simple or gross). Crews eh'Zeren,LLC Minera[TtleServices • P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 3 of 3 fax(303)484-2110 J&T Consulting, Inc. • Weld coon Sour ,D18 i, DePB LETTER OF TRANSMITTAL suko went JUL Nr; ®eid 2008 Date: 7/2/08 File No: 07-123 E`�EC I Job Name: Derr Pit—USR 1660 ® VED ............................._. To: Department of Planning Services Phone: (720)652-4210 Southwest Office Fax: (720)652-4211 4209 CR 24.5 Longmont, Colorado 80504 Attention: Ms. Michelle Martin WE ARE SENDING YOU: Copies Description 1 Certification for Notification of Mineral Interest Owners and Lessees ...._.._.... 1 Copy of Notification Letters to Dust&Dirt Excavating, Kerr-McGee, and Monago Operating 1 Copy of Delivery Receipts for Certified Mail to Dust & Dirt Excavating,and Kerr-McGee Copy of Sender Receipts for Certified Mail to Dust&Dirt Excavating, Kerr-McGee, and Monago • 1 Operating THESE ARE TRANSMITTED as checked below: For Approval n Approved as ❑ Resubmit copies for approval submitted ■ copies for Foryour use Approved as noted Submit distribution As requested Returned for Return corrected prints corrections For review and comment Other: nFor Bids Due REMARKS: Michelle— Please find attached the mineral owner notification certification and letters that were sent out. I have also attached the receipts we received for delivery for two of the three mineral owners. I attached the sender receipts for all three mineral owners. Please feel free to contact me with any questions. Regards, J.C. York 1 Copy To: File Signed: < / i•t t� 1400 W 122nd Avenue—Suite 120•Westminster CO 80234•Ph: 303-457-0735• Fax: 303-920-0343 CERTIFICATION • RE: NOTIFICATION OF MINERAL INTEREST OWNERS AND LESSEES The undersigned Applicant certifies compliance with the provisions of C.R.S. § 24-65.5- 103(1), and in support thereof, states and certifies as follows: I. That Applicant has provided notice, (a copy of which is attached hereto as Exhibit "A"), containing the time and place of the initial public hearing on its application for Case Number /.(S/L M.Go , the nature of the initial public hearing, the legal description by section, township and range of the property which is the subject of the initial public hearing, and the name of the applicant; 2. That said notice was provided thirty (30) days prior to the scheduled public hearing, that it was provided by certified mail, return receipt requested, or by a nationally recognized overnight courier; 3. That said Exhibit A includes the list of the names and addresses of the surface owners, mineral estate owners and lessees of mineral interests to whom the notice was sent, including those persons who have requested receipt of such notices, pursuant to C.R.S. § 24-65.5-103(3). APPLICANT: • 1 1 (J STATE OF •• COUNTY OF W P,lL Subscribed and sworn to before me this a day of tat n G s , 200 q by cJLikt.t) in 12-P �1s Ltic.e� Q tit) �� NotaryCo itn acn,,. -¢ty7 ll 1 )f�1O Note: This Certification must be received by the Weld County Department of Planning Services prior to or at the initial public hearing. If the Certification is not received by that time, the hearing will be rescheduled to a later date, and Applicant must re-notify all owners of mineral interests. • nu id I J&T Consulting, Inc. June 25, 2008 Dust & Dirt Excavating, LLC 699 N. 1s`Avenue Greeley, CO 80631 Subject: USR-1660 — Request for Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development facility including open pit mining and material processing in the A (Agricultural) Zone District on a parcel of land described as Pt NE4 Section 4, T5N, R65W of the 6th P.M., Weld County, Colorado Dear Mineral Owner: As per Colorado Revised Statute, C.R.S. 24-65.5-103 (adopted as part of H.B.01-1088) we are required to notify all mineral estate owners 30 days prior to any public hearing. Please accept this notice as having been notified that a public hearing will be scheduled on the above referenced USR-1660 Request for Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development facility including open pit mining and material processing • by the Department of Planning Services, Weld County, Colorado. The Weld County Planning Commission hearing for USR-1660 is scheduled for August 5, 2008 at 1:30 PM. This meeting will take place in the Hearing Room, Greeley Planning Department, 918 10th Street, Greeley, Colorado. For additional information or comments, please contact: Department of Planning Services Ms. Michelle Martin Southwest Office 4209 CR 24.5 Longmont, Colorado 80504 Telephone: (720)652-4210 Fax: (720)652-4211 Sincerely, n • J.C. York, P.E. Principal V 1400 W 122nd Avenue—Suite 120•Westminster CO 80234•Ph: 303-457-0735•Fax: 303-920-0343 in J&T Consulting, Inc. June 25, 2008 Kerr-McGee Oil & Gas Onshore LP 1099 18`h Street, Suite 1800 Denver, CO 80202 Subject: USR-1660 — Request for Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development facility including open pit mining and material processing in the A (Agricultural) Zone District on a parcel of land described as Pt NE4 Section 4, T5N, R65W of the 6th P.M., Weld County, Colorado Dear Mineral Leasehold Owner: As per Colorado Revised Statute, C.R.S. 24-65.5-103 (adopted as part of H.B.01-1088) we are required to notify all mineral estate owners 30 days prior to any public hearing. Please accept this notice as having been notified that a public hearing will be scheduled on the above referenced USR-1660 Request for Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development facility including open pit mining and material processing by the Department of Planning Services, Weld County, Colorado. The Weld County Planning Commission hearing for USR-1660 is scheduled for August 5, 2008 at 1:30 PM. This meeting will take place in the Hearing Room, Greeley Planning Department, 918 10th Street, Greeley, Colorado. For additional information or comments, please contact: Department of Planning Services Ms. Michelle Martin Southwest Office 4209 CR 24.5 Longmont, Colorado 80504 Telephone: (720) 652-4210 Fax: (720)652-4211 Sincerely, i e • J.C. York, P.E. Principal V 1400W 122nd Avenue—Suite 120•Westminster CO 80234•Ph: 303-457-0735• Fax: 303-920-0343 FJ&T Consulting, Inc. V1 June 25, 2008 Monago Operating, LLC 12 Dos Rios Greeley, CO 80634 Subject: USR-1660 — Request for Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development facility including open pit mining and material processing in the A (Agricultural) Zone District on a parcel of land described as Pt NE4 Section 4, T5N, R65W of the 6th P.M., Weld County, Colorado Dear Mineral Leasehold Owner: As per Colorado Revised Statute, C.R.S. 24-65.5-103 (adopted as part of H.B.01-1088) we are required to notify all mineral estate owners 30 days prior to any public hearing. Please accept this notice as having been notified that a public hearing will be scheduled on the above referenced USR-1660 Request for Site Specific Development Plan and a Special Review Permit for a Mineral Resource Development facility including open pit mining and material processing • by the Department of Planning Services, Weld County, Colorado. The Weld County Planning Commission hearing for USR-1660 is scheduled for August 5, 2008 at 1:30 PM. This meeting will take place in the Hearing Room, Greeley Planning Department, 918 10`h Street, Greeley, Colorado. For additional information or comments, please contact: Department of Planning Services Ms. Michelle Martin Southwest Office 4209 CR 24.5 Longmont, Colorado 80504 Telephone: (720)652-4210 Fax: (720) 652-4211 Sincerely, e C • J.C. York, P.E. Principal V 1400 W 122n°Avenue—Suite 120•Westminster CO 80234•Ph: 303-457-0735• Fax: 303-920-0343 • SENDER: COMPLETE THIS SECTION C•M•LETE THIS SECTI'N •N •ELIVEV • Complete items 1,2, and 3.Also complete A: • nature item 4 if Restricted Delivery is desired. X tym Agent • Print your name and address on the reverse JJ Addressee so that we can return the card to you. . -=:Ived by('rinjedN�1 C. Date of Delivery Ill Attach this card to the back of the mailpiece, t( or on the front if space permits. __ - D. Is delivery add ss different from item 1? O Yes If YES,enter delivery address below: EP)No Dust & Dirt Excavating, LLC 699 N. 151 Avenue 3. Service Type Greeley, Colorado 80631 ❑ Certified Mail ❑ Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail O C.O.D. 1 4. Restricted Delivery?(Extra Fee) O Yes 2. Article NuMb r service 1 7008 0150 0000 3062 4387 (Transfer from m- PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-15401 • �M'LETE THIS SECTION •N �ELIVE•Y SENSE':C�M'LETE THIS SECTION ■ Complete items 1,2,and 3.Also complete A. Signet ',y/ / // Agent item 4 if Restricted Delivery Is desired. X « 2(/,£y 1 /O Addressee • Print your name and address on the reverse so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from tern 1? O Yes 1. Article Addressed to: If YES,enter delivery address below: O N6'.' Kerr-iscGee Oil & Gas Onshore L? s. Service Type 1099 18th Street, Suite 1800 o Certified Mail O Express Mail Denver, Colorado 80202 ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number (rransferfrom service;al 7008 0150 0000 3062 4363 __ ._._.__ _.-.. 102595-02-M-1540 PS Form 3811,February 20tS4 � jomesnc Nelurn Receipt • Q3:PostitsetviceT$, , CERTIFIED MAIL.e`RLcE1 'T r {poinntic AAa0 Only.No Insurance coverage rprarn II ..o m it deavmy intormielionOn—cuML'l e. ,m1111 . 7 dSn ', __ cri::,,'.,f = Ott.-_.. p 5-0,01,10i , ' , t g o I .i�� ,:,e ti O Perim l e rl � •r �� O Ru trictedDEliveil l QII 01" 0.„ bass o E.odoisement r.eqii.iiuill _) Lry $F,'.',? I Ut 2e+.Ill l,. rA l"ntal Postage&Eeas ' o1 OD liorofosno/4!.!1...fi .. •�,,. ,../.6100 ._....__...-.-. ATTOtikl,04006,3/4 {Domestic Ma►1 bnW No Insurance Coverage Provided) M For delivery intgrmati04AtaiLDar vteb lie,et wow s,, ,,,,000'2U 0r " a r r « w 8i.,ldo U! t- rY U .711070 t' O , may. 1 O not ipU e a�I �(&j Hc'o O (Endorsement Required) I...--...— C:1 4V711. , Reatricrod Delivery Fee ! U dd.. t� ( Il.. ;r`.11;15, rl intai Postage&Feea L$ 1 'a ro N �aCil' I 'lr` o dt„ t,e{ohn'38oa.AdgOsa 2Gd¢ .. e $ -,9r n !sns n R>_ ILS ECEIPT N , atic }it ,'# surmce, m Fard81 lnformptroYi., . ,rHlr etMWi)f«vepE��me;� T h,it tI CN 3 . O orter l b , Certified r 9 +�f L.(I," O -- (� bnalk Return Rac iPt[.e $ ' i ti +erg. O (E. acsnmentP pur d) r ,I,stricter r -, I r Far I }. L� Porn ft 'Pd}• rl 9aml Postage n Rees $ )ser�rn �p f, - u o !c �t p rP91. rr No (or PO Box f2r „[' iF —F','a ,' '.,. . ." %1L1, , r) ;'yisg {f0001 { I f.,d1 5a?O Hello