HomeMy WebLinkAbout20071141.tiff EXHIBIT J
Vegetation Information
The site historically has been used for agriculture, including livestock grazing and
agricultural crops. Current land use in the area consists of agriculture, sand and gravel
mining, light industrial and rural residential. The South Platte River flows along the
eastern edge of the permit boundary. Additionally, several irrigation ditches and Big Dry
Creek traverse the property. Portions of the South Platte River corridor have been
impacted by past agricultural practices and aggregate mining, both upstream and
downstream of the site. Wetland and riparian areas occur along the South Platte River, Big
Dry Creek, and several unnamed irrigation ditches on the properties,see enclosed Wetland
Delineation Studies.
The South Platte River and associated riparian corridor flow along the eastern border of the
site from south to north. A mixture of wetlands,riparian forests, and barren sandbars occur
along the river. Wetland areas occur in low-flow backwater areas and areas along the main -
channel with slow flowing water. Vegetation in wetland areas along the river varies.
Dominant vegetation consists mostly of understory species such as prairie cordgrass, reed
canarygrass,poison hemlock, and cattail. Small patches of soft-stem bulrush, lady's thumb
and blue vervain occur on backwater areas. Sandbar willow is the dominant shrub layer in
wetland areas along the river. Riparian areas are dominated by plains cottonwood, peach-
leaf willow, Russian olive, and sandbar willow. Understory vegetation consists of mostly
smooth brome Canada thistle, showy milkweed,poison hemlock, and poison ivy. Upland
areas bordering the river consist mostly of smooth brome pastures, grazed land, and planted
crops. Many areas adjacent to the river have been disturbed by human activity. Concrete
nibble, trash, and junkyards occur along the river near old farms and industrials areas
between Brighton and Fort Lupton.
Big Dry Creek flows through the proposed permit boundary from the southwest to
northeast. Several diversions occur along the creek within the study area. Vegetation
along the creek consists mostly of sandbar willow, with reed canarygrasss, prairie
cordgrass, stinging nettle, Canada thistle, and poison hemlock. Mature plains cottonwoods
are scattered throughout the Big Dry Creek corridor.
Several irrigation ditches traverse the site. Some linear stands of mature cottonwood occur
along the ditches. Most of the ditches flow through heavily grazed areas or cropland.
Some fringe wetlands consisting mostly of reed canarygrass and Emory's sedge occur
along the banks of the ditches.
Upland areas vary greatly throughout the site. No native shortgrass prairie areas exist in
the permit boundary. Some upland pastures, dominated mostly by smooth brome, occur in
the riparian areas near the South Platte River. The majority of upland areas consist of
irrigated cropland. Prominent crops in the areas consist of corn, onion, mustard, cabbage,
and hay.
ft Lupton Pv
DMG I11 Penn,
Page 55 oj8l
2007-1141
Wetland Delineation Studies For Properties Located Near Ft Lupton, Colorado
Ft Lupton Fu
OMG 112 Permit
Page 56 481
WETLAND DELINEATION STUDIES
FOR PROPERTIES LOCATED
NEAR FT. LUPTON, COLORADO
October,2004
Prepared for:
Lafarge
Denver,Colorado
Prepared by:
Warren R. Keammerer, Ph.D.
Senior Plant Ecologist
Keammerer Ecological Consultants, Inc.
5858 Woodboume Hollow Road
Boulder, Colorado 80301
(303)530-1783
wrkeam@comcast.net
INTRODUCTION
This report presents the results of wetland delineation studies conducted at ten sites in
the vicinity of the South Platte River near Ft Lupton, Colorado. The sites (Table 1) are located
southwest of Ft. Lupton and extend for a distance of approximately three miles on the west side
of the South Platte River. They occur in parts of Township 1 North Range 66 West, Sections 7,
18 and 19; and in parts of Township 1 North, Range 67 West, Sections 1, 12, 13 and 24 (Maps 1
and 2).
Table 1. Site names,general locations and major drainages for the evaluated properties.
Site Name General Location of Site Location Map Major Drainages
Reference on the Site
T 1 N,R 66 W, southwest South Platte River and
Rittenhouse part of Section 19 Map 2 Irrigation Ditch
McWilliams T I N,R 66 W, northwest Map 2 South Platte River and
part of Section 19 Irrigation Ditch
Norden T 1 N,R 67 W,northeast Ma 2 Tributary to Big Dry Creek
part of Section 24 P and wetland drainage
Anderson T 1 N,R 66 W, southwest Map 2 South Platte River
part of Section 18
T 1 N,R 66 W, northwest South Platte River, Big Dry
Chikuma part of Section 18 and Map 2 Creek,Tributary to Big
T 1 N,R 67 W,north half Dry Creek and Irrigation
of Section 13 Ditches
Myrna T 1 N,R 67 W,south- Map 2 Big Dry Creek
central part of Section 12
T 1 N,R 66 W, southwest
part of Section 7 and South Platte River
T 1 N,R 67 W,southeast Map 2 and Big Dry Creek
part of Section 12
D&S Mining T1 N,R 67 W,north Map 1 Irrigation Ditches
central part of Section 12
T1 N,R 67 W,western
part of the southeast Map 1 Irrigation Ditches
quarter of Section 1
T 1 N, R 67 W,central
MFM Farms
Map] None
portions of Section 12
Surface drainages within the study area consist of the South Platte River which mostly
forms the eastern boundary of the study area. Five of the properties, at least in part, are crossed
by the South Platte River. The second major drainage in the area is Big Dry Creek, which enters
the area from the southwest and crosses three of the properties. The third major drainage is a
tributary to Big Dry Creek, which enters the area from the south and crosses two of the
properties. This tributary carries natural run off from upland areas south of the project site,and
also augmented by water diverted from the South Platte River (the diversion point is located on
the Rittenhouse property). In addition to these natural drainages, several major irrigation
distribution ditches and numerous irrigation laterals cross the properties.
-1-
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Map 1. Approximate boundaries and locations of study sites in the northern part of the project
area.
-2-
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Map 2. Approximate boundaries and locations of study sites in the southern part of the project
area.
-3-
Much of the study area consists of upland agricultural fields and grazing lands.
Livestock grazing is the major land use on the Rittenhouse, Norden, Anderson and the
southeast parcel of the D & Mining property. Vegetable and crop production is the major use
on the Chikuma, Myrna and MFM Farm properties. The McWilliams property has been used
for crop production in the past, but currently the fields on this site are fallow. The southwest
parcel of the D & S Mining property has been used for aggregate production. The northern
parcel of the D & Mining property has apparently been used in the past for livestock grazing,
however no grazing was noted in 2004. Most study area consists of upland areas with wetlands
occurring primarily along the drainages and major irrigation ditches.
The extent and character of wetland areas along with wetland maps and photographs
are described separately in following sections of the report. The order in which the properties
are described begins with the southern properties and continues northward.
METHODS •
Wetlands were delineated using a combination of air photo interpretation and field
checking. Aerial photo base maps at a scale of 1 inch equals 200 feet(approximately)were used
to evaluate the location of wetland areas within the study area. These areas were visited in the
field and were evaluated relative to wetland status using the U. S. Army Corps of Engineers
(1987) wetland delineation manual. Boundaries of delineated wetlands were drawn on the
aerial photo base maps. Some upland areas on the sites were also mapped as a means of
clarifying the extent of wetlands.
The indicator status for wetland species has been developed by the U.S. Fish and
Wildlife Service, and a specific publication for Region 5 (which includes the portion of Colorado
where the study was conducted) is available (Reed 1988). Reed was used as the basis for
categorizing the plant species observed in the wetland areas relative to their indicator status. In
cases where species were not listed in Reed (1988), wetland indicator status was assigned on the
basis of how the species tend to grow within the region. These assignments were based on the
experience of the author of this report (These species are marked with an asterisk in the tabular
summaries of observed species). Specifically the status categories include the following:
Obligate Wetland Species: Occur almost always (estimated probability >99 percent)
under natural conditions in wetlands.
Facultative Wetland Species: Usually occur in wetlands (estimated probability 67-99
percent), but occasionally found in non-wetlands.
Facultative Species: Equally likely to occur in wetlands or non-wetlands (estimated
probability 34-66 percent).
Facultative Upland Species: Usually occur in non-wetlands (estimated probability
67-99 percent, but occasionally found in wetlands (estimated probability 1-33
percent).
-4-
Obligate Upland Species: Occur in wetlands in another region, but occur almost
always (estimated probability >99 percent)under natural conditions in non-wetlands
in the region specified. If a species does not occur in wetlands in any region,it is not
on the National List of Wetland Species. (While the U. S. Department of Interior
National List includes many species, there are instances when non-wetland species
that are not included on the National List can be found in wetland areas.)
As part of the field work, all observed species occurring within wetland areas were
recorded. Field searches and compilations of the species lists aided in the assessment of the
potential status of the occurrence of Ute Ladies Tresses Orchid and potential habitat for this
species as well as similar information for Colorado butterfly plant. The field work for this
project was conducted between May and September 2004.
RESULTS
Threatened and Endangered Plant Species. Two species of concern could occur within
the project area: Ute Ladies Tresses Orchid (Spiranthes diluvialis) and Colorado butterfly plant
(Gaura neomexicana ssp. coloradensis). These species occur in wetland areas in the Front Range
region of Colorado. Known populations for the orchid species occur in the Boulder area within
the South Boulder Creek drainage. Colorado butterfly plant is known from a location near Ft.
Collins.
Ute Ladies Tresses Orchid was not observed in any of the wetland areas that that were
evaluated as part of this study. In general, the habitats that occur within the Ft. Lupton areas
are not appropriate for this species. Some of the species that are known to occur with Ute
Ladies Tresses Orchid were observed; however the species that were observed tend to be
widespread and occur in many wetland settings where Ute Ladies Tresses Orchid does not
occur.
Colorado butterfly plant was not observed in any of the wetland areas that were
surveyed. Small-flowered gaura (Gaura paroiflora) was observed in several different locations;
however the two species are easy to distinguish and have very different habitat requirements.
It is unlikely that either of these two species occur within the project area.
Descriptions of Wetlands. Wetlands identified on each of the project properties are
described in the sections that follow. The sections include general descriptions of the sites,
maps of the wetland areas, descriptions of the wetlands, lists of species observed in the wetland
areas and photographs of the different wetlands.
-5-
RITTENHOUSE PROPERTY
Most of the Rittenhouse property is characterized by upland vegetation. While the site
is located on the South Platte River floodplain, most of the areas are topographically too high
and the depth to the water table is too great to support wetlands. Prairie dog burrows are
common throughout the upland part of the area. Major species in the upland areas include
field bindweed (Convolvulus arvensis)and summer cypress (Kochia scoparia)_
Most of the wetland areas on the Rittenhouse property are associated with the channel
and trench of the South Platte River (Map R-1). While in many places the channel consists of
exposed sand and gravel bars, these areas constitute waters of the United States and are treated
like wetlands. Stands of plains cottonwoods (Populus sargentii) occur on the higher terraces
along the sections of the South Platte River within the property. These areas are
topographically too high to support wetlands. The major species in the understory of the
woodlands include smooth brome (Bromus inermis) and white top (Cardaria draba).
In the northwestern corner of the property there is a wetland associated with a diversion
ditch. Within a distance of about 500 feet, the water from the diversion empties into the natural
channel of a tributary to Big Dry Creek. Because of this connection,this wetland area is
jurisdictional.
In the southeast corner of the property there is a small wetland area associated with an
ephemeral drainage- The wetland occurs in a low portion of the drainage where water
occasionally collects. There is also a similar wetland on the south side of Weld County Road 6.
There is a channel that extends northward from this wetland, but no other wetland areas were
noted along the channel. The vegetation is dominated by summer cypress and other weedy
species that are upland in character. Because this small wetland is isolated, it was judged to be
non-jurisdictional. Both jurisdictional and non-jurisdictional wetlands occur on the site (Table
R-1).
If the preliminary boundaries for proposed mining cells are followed, none of the
jurisdictional wetland areas on the Rittenhouse property would be affected by mining_ The
small wetland next to Weld County Road 6 could be avoided if the boundaries were changed
slightly.
6-
Table R-1_Descriptions of wetlands on the Rittenhouse Property. Refer to Table R-2 for lists of
spe 'es observed in these wetland areas.
Wetland Photo
Location Number(s) Descriptions and Comments Jurisdictional Status
These wetland areas are located along the
active channel of the South Platte River and
within the trench formed by the river. Many
Wetlands Along
the South Platte R-1 parts of this area consist of exposed sand and Jurisdictional/Waters
River(W-R1) gravel bars. In places the banks have been of the United States
armored with waste concrete rip-rip.Of the
species observed in these areas,71 percent are
characteristic of wetland areas.
This wetland area occurs along the saturated
margins of an irrigation diversion ditch.
Because of the steep sides of the excavated
Wetland along channel,this wetland does not extend very far Jurisdictional-
Diversion Ditch R-2 away from the flowing water. Seasonally the Connected to other
(VV-R2) flow in this channel is variable depending on jurisdictional
irrigation practices. Reed canary grass is the wetlands
major species in this wetland. A complete list
of species in this type of wetland is presented
for Wetland W-Nl (Norden Property).
This small wetland has developed in what
appears to be an old irrigation channel. Most
of the channel is dry and dominated by upland
species, but at the location just north of the
Wetland in highway bridge, there is a small depression
Southwest R-3 that holds water long enough for a wetland to Not jurisdictional-
Corner(W-R3) develop. The major species in this wetland isolated wetland
included a species of buttercup (Ranunculus
sceleratus)and curly dock(Rumen crispus). All
of the observed species are characteristic of
wetland areas.
-7-
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Map R-1. Wetland areas on the Rittenhouse Property.
-8-
Table R-1. List of species observed in wetland areas on the Rittenhouse Property.
RiTTENHOUSE Area Number/Name
South Platte River
Trench(R-W1) R-1/413
OBLIGATE WETLAND PLANTS
Eleocharis macrostachya x
Elodea canadensis x
Persicaria sp.* x
Ranunculus sceleratus x x
Salix exigua x
Scirpus acutus x
Veronica anagallis-aquatica x x
FACULTATIVE WETLAND PLANTS
Alopecurus pratensis x
Dipsacus sylvestris* x
Lepidium latifolium x
Phalaris arundinacea x
Rorippa sinuata x
Rumex crispus x x
Salix amygdaloides x
FACULTATIVE PLANTS
Apocynum cannabinum (sibiricum) x
Lactuca serriola
Oenolhera villosa x
Plan sago major
Populus sargentii x
Xanthium strumarium x
FACULTATIVE UPLAND PLANTS
Artemisia biennis
Bromus inermis* x
Cirsium aroense x
Conyza canadensis
Malva rotundifolia* x
Onopordurn acanthium*
Dimas pumila* x
UPLAND PLANTS
Brornus tectorum* x
Total Number of Species 28 3
Total Number of Hydrophytic Species 20 3
Percent of Hydrophytic Species 71.4 100.0
-9-
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Photo R-1. Wetland W-Rl. Wetland areas along the South Platte River. Wetlands/waters of the United
States occur within the topographic trench of the river.
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Photo R-2. Wetland W-R2. Wetland areas along the diversion ditch heading northward away from the
South Platte River. The major species in this wetland is reed canarygrass.
-10-
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Photo R-3. Wetland W-R3. Small wetland area in an otherwise dry channel,located adjacent to the
highway bridge in the southeastern part of the Rittenhouse Property.
•
-11-
MCWILLIAMS PROPERTY
Most of the McWilliams property consists of upland agricultural lands that have been
irrigated in the past (Photo MC-1). In 2004, no crops were being produced on the site. Major
species in the upland areas included field bindweed, white top, summer cypress, Scotch thistle
(Onopordum acanthium) and annual sunflower (1-lelianthus annuus). There are some scattered
areas where irrigation water may have pooled in the past. A few wetland species including
knotweed (Persicaria sp.) were noted in these areas, but these areas are not wetlands. They
currently do not have the hydrology necessary to support wetlands.
Wetlands on the property occur in association with the channel of the South Platte River
(Map MC-1). These are the same type of wetland areas that occur on the Rittenhouse property.
No additional observations were made. There is also a small wetland area associated with the
diversion ditch that extends northeastward from the Rittenhouse property. In the field, the
fences and fence lines suggest that this wetland may not actually be on the McWilliams
property, but rather on the property located west of the McWilliams property. The proposed
boundaries for the extent of mining could be slightly adjusted to avoid this wetland. Since this
wetland is an extension of the ditch from the Rittenhouse property, it would also be
jurisdictional. There are no other wetland areas on this property. Mostly, the McWilliams
property consists of an upland site dominated by species that are not characteristic of wetland
areas. The wetlands on the McWilliams property are jurisdictional (Table MC-1).
If the preliminary boundaries for proposed mining cells are adjusted slightly,none of
the jurisdictional wetland areas on the McWilliams property would be affected by mining.
Table MC-1. Descriptions of wetlands on the McWilliams Property.
Wetland Photo Descriptions and Comments Jurisdictional Status
Location Number(s)
These wetland areas are located along the
active channel of the South Platte River and
within the trench formed by the river. Many
Wetlands Along
the South Platte MC-2 parts of this area consist of exposed sand and Jurisdictional/Waters
gravel bars. In places the banks have been of the United States
River(W-MCI) armored with waste concrete rip-rip. Refer to
Table R-1 for a list of species observed in this
type of wetland.
This wetland area occurs along the saturated
margins of an irrigation diversion ditch.
Because of the steep sides of the excavated
channel, this wetland does not extend very far Jurisdictional -
Wetland along
away from the flowing water. Seasonally the Connected to other
Diversion Ditch No Photo flow in this channel is variable depending on jurisdictional
(W-MC2) irrigation practices. Reed canary grass is the wetlands
•
major species in this wetland. A complete list
of species in this type of wetland is presented
for Wetland W-N1 (Norden Property).
-12-
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Map MC-1. Wetland areas on the McWilliams Property.
-13-
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Photo MC-1. Upland areas on the McWilliams Property.
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Photo MC-2. Wetlands/waters of the United States along the South Platte River on the McWilliams
Property.
-14-
ANDERSON PROPERTY
Most of the Anderson property consists of upland areas that are used for livestock
grazing. Major species in the upland areas included summer cypress, smooth brome, field
bindweed and white top. Prairie dogs are common in the upland areas. In general, the depth to
water table is too great on this site to support wetlands. Groundwater is the only source of
water, since the site is not irrigated. Wetlands occur where excavated areas and old channels
are the deepest. Based on observations of exposed water on the site, the water table is
approximately 3-4 feet below the normal surface elevation.
Most of the wetland areas on the Anderson property are associated with the trench and
channel of the South Platte River (Map A-1). There are two other small wetland areas that occur
in depressions on the flood plain of the South Platte River. These wetlands are isolated from the
river and are non-jurisdictional. The southern wetland consists of a cattail marsh that has
developed in what appears to be an excavated stock pond. The other wetland occurs in a
topographically low spot in what may be an old meander loop of the South Platte River or an
old overflow channel of the river. This channel extends to the northeast from the mapped
wetland, but the hydrologic conditions were judged to be too dry to support wetlands. Canada
thistle was one of the dominant species in this channel. At one time, this may have been a
wetland, but currently it appears to be too dry for wetland species to persist and dominate the
vegetation. There are no other wetlands on the site. Both jurisdictional and non-jurisdictional
wetlands occur on the site (Table A-1).
Based on the preliminary mining plans, the two non-jurisdictional wetlands would be
affected by mining operations on the site.
Table A-1. Descriptions of wetlands on the Anderson Property. Refer to Table A-2 for lists
of species observed in these wetland areas.
Wetland Photo Descriptions and Comments Jurisdictional Status
Location Number(s)
These wetland areas are located along the
active channel of the South Platte River and
Wetlands Along
the South Platte No Photo within the trench formed by the river. Many Jurisdictional/Waters
River (W-A]) parts of this area consist of exposed sand and of the United States
gravel bars. Refer to Table R-1 for a list of
species observed in this type of wetland.
The major species in this wetland include
Wetland along Canada thistle and chairmaker's rush (Scirpus Not Jurisdictional -
abandoned arnericanus). Overall 68 percent of the observed Not Connected to
A-1
channel species are hydrophytic species. In the lowest other jurisdictional
(W-A2) part of this area there 3-4 inches of standing wetlands- isolated
water.
This wetland is a cattail marsh that has
developed in an excavated depression- The
Not Jurisdictional-
Excavated major species in the wetland was common
Wetland A-3 cattail (Typha latifolia). In all,88 percent of the Stock Pond excavated
in an upland area-
(W-A3) observed species are hydrophytic_ The surface
isolated
of the water was mostly covered with
duckweed (Lenora minor).
-15-
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• 74.Map A-1. Wetland areas on the Anderson Property.
-16-
Table A-I. List of species observed in wetland areas on the Anderson Property.
ANDERSON Area Number/Name
Old Channel Marsh
(W-A2) (W-A3)
OBLIGATE WETLAND PLANTS
Carex nebrascensis x __
Carex sp.' x
Juncos arclicus ssp.ater x
Lemma minor x
Polypogon monspeliensis , x x
Puccinellia nultalliana x
Salix exigua x
Scirpus americanus
Typha latifolia x x
FACULTATIVE WETLAND PLANTS
Atriplex hastata x x
Carex praegracilis x
Conium rnaculatum x _
Juncus compressus' x
Hordeum jubatum x
Lepidiurn latifolium x x
Phalaris arundinacea x
Rumex crispus x x
Salix amygdaloides x
FACULTATIVE PLANTS
Asclepias speciosa x
Aster falcatus x
Distichlis stricta x x
Elaeagnus angustifoIia x
Planlago major x x
Populus sargentii x
Tnfolium fragiferum x
FACULTATIVE UPLAND PLANTS
Cardaria drabs' x x
Carduus nulans' x
Cirsium aruense x x
Convohnelus aroensis' x
Grindelia squarrosa x
Onopordum acanthium' �^ x
Verbascum thapsus' x
UPLAND PLANTS
Bromus tectorum' x •
Euphorbia esula' x
Total Number of Species 28 16
Total Number of Hydrophytic Species 19 14 _
Percent of Hydrophytic Species 67.9 87.5
-17-
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kii, 1 ,Er,` g7t Ate' it. i �tt,o. r 'f vy '' .,t• ,if i
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ato ter 7." tG � r � iv� jt t fY '�% dn} xtpy
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Photo A-1. Wetland(W-A2)in old channel on the flood plain of the South Platte River on the
Anderson Property.
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f � -Y
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a
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Photo A-2. Wetland(W-A3) (stock pond)in excavated depression on the Anderson Property.
-18-
NORDEN PROPERTY
Most of the Norden property consists of upland areas that are used for livestock grazing.
In 2004, all of the area was being grazed by cattle, and most of the area was closely cropped.
The site is crossed by a tributary to Big Dry Creek (from south to north). There is also a
drainage/seepage area that enters the site from the southwest. This area is a wetland that has
developed in what may be a very old meander structure associated with a former channel of the
South Platte River. The eastern part of the site has a few small, ephemeral drainage channels
that carry surface run-off, but even in the lowest parts of these channels wetlands have not
developed. A few wetland species were noted in these areas, but the sites lack the necessary
hydrology to support wetlands.
Wetlands on the Norden property mostly occur on the western part of the property
(Map N-1). There is a shallow groundwater pond that occurs on a site that has already been
mined. There were only a few places were wetland species were noted growing along the
shoreline of the pond. The shallows of the pond would be considered to be wetlands. Two
small islands in the pond were dry, with no wetland vegetation. This pond is probably non-
jurisdictional because it is isolated from the existing drainages.
Other wetland areas occur in association with a natural channel that drains a much
larger marshy area located southwest of the site. This marsh extends onto the Norden property,
however the evidence of the marshy conditions are less apparent because of livestock grazing
on the Norden property. There are pockets of upland vegetation associated with
topographically higher parts of the marsh.
There are also wetlands associated with the tributary of Big Dry Creek that crosses the
central part of the site. This is the natural channel that is an extension of the ditch that begins
on the Rittenhouse property. Wetlands occur along the saturated zones next to the water and
also on low terraces along the stream. These wetlands are jurisdictional, because of the
connection with other jurisdictional wetlands and waters of the United States.
There are two small wetland areas that occur in association with small ephemeral
drainages located on either side of the access road that crossed the site. These low spots hold
water long enough to create the conditions necessary for the growth of wetland species.
Because they are isolated from the stream and from the larger complex of wetlands on the
western part of the property, they are non-jurisdictional. Summaries of the wetland areas are
presented in Table N-1.
-19-
Table N-1. Descriptions of wetlands on the Norden Property. Refer to Table N-2 for lists of
species observed in these wetland areas.
Wetland Photo Descriptions and Comments Jurisdictional Status
Location Number(s)
This wetland occurs in the saturated zones
along the tributary to Big Dry Creek. Major
Wetlands Along species in this wetland include blister Jurisdictional-
Tributary to Big N-1 buttercup (Ranunculus sceleratus),knotweed Connected to other
Dry Creek (Persicaria spp.)and Nuttall's alkali grass jurisdictional
(W-N1) (Puccinellia nuttalliana). In all,hydrophytic wetlands
species accounted for 64 percent of the
observed species.
This wetland area includes in the salt marsh/
salt meadow in the southwestern part of the
site and includes the channel that drains the
area. This channel eventually connects with
the tributary to Big Dry Creek.Major species in
this area include chairmaker's rush,knotweed
Saline Marsh in Jurisdictional-
and Nuttall's alkali grass. This wetland
southwestern N-2 and Connected to other
extends onto the adjacent property where it is
part of property N-3 not grazed. Differences in the grazed and non- jurisdictional
(W-N2) wetlands
grazed parts of the wetland can be seen in
Photo N-3. Hydrophytic species accounted for
92 percent of the observed species. If this area
is not mined, it could possibly be used as a
potential mitigation area as a site for wetland
improvement.
Wetland W-N3 includes two small wetlands
that have developed in depression in the
upland parts of the site. These may be
Two small ephemeral drainages that collect enough water
wetlands frequently enough to support wetland
Not Jurisdictional-
adjacent to N4 vegetation. Major species in these areas
access road included chairmaker's rush,inland saltgrass Isolated
(W-N3) (Distichlis stricta) and common spikerush
(Eleocharis nmcrostachya). Hydrophytic species
accounted for 91 percent of the observed
species.
Excavated Pond This area is a wetland because of the shallow Not Jurisdictional-
in northwest N-5 water habitats that are present near the Isolated.
corner of site shoreline. There were very few wetland plants Excavated in and
(W-N4) noted along the shoreline of the pond. upland area.
-20-
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Table N-2_ List of species observed in wetland areas on the Norden Property.
NORDEN Wetland Number
W-N1 W-N2 W-N3
OBLIGATE WETLAND PLANTS
Carex nebrascensis x
Carex sp.' -- x
Eleocharis acicularis x
Eleocharis macrostachya x x x
Hippuris vulgaris x
• Juncus sp.' x x
Lonna minor x x
Persicaria maculata*
Potentilla anserina x _
Puccinel is nuttalliana x x
Ranunculus cymbalaria x
Ranunculus sceleratus x x
Sagittaria cuneata x
Scirpus acutus x
Scirpus americanus x x x
Typha fatifolia x
Veronica anagallis-aquatica x
FACULTATIVE WETLAND PLANTS
Equisetum laevigatum x
Hordeum brachyantherum' x
Monolepis nuttalliana x x
Phalaris arundinacea x
Polygonum aviculare x x x
Rumex crispus x x x
FACULTATIVE PLANTS
Distichlis stricta x x
Iva xanthifolia x
Juncus interior x
Lactuca serriola - x x
Planlago major x x
Trifolium fragiferum x
FACULTATIVE UPLAND PLANTS
Cardaria drabs' x
Carduus nutans' x
Cleome serrulata x
Melilotus officinalis x
Onopordum acanthium` x
Sisymbrium altissimum x
Taraxacuni officinale
Thlaspi arvense' x x
UPLAND PLANTS —
Descurainia richardsonii' x
Erodium cicutarium' _ x
Total Number of Species 22 24 11
Total Number of Hydrophytic Species 14 22 10
Percent of Hydrophytic Species 63.6 91.7 90.9
-22-
71
.,s
4, Ori
T
4.
Photo N-1. Wetland(W-N1)along the saturated edges of the tributary to Big Dry Creek. This is the
natural drainage extension of the diversion ditch which begins on the Rittenhouse site.
^
•
—
i.
PIN
•
•
I
Photo N-2. Wetland(W-N2)located in the southwestern part of the Norden property. Wetland is a
saline marsh/meadow.
-23-
a
f y i
Photo N-3. Wetland(W-N2) located in the southwestern part of the Norden property. Wetland is a
saline marsh/meadow. The portion of the wetland on the right side of the fence(adjacent
property)was not grazed.
it fi� an � ° F•
a �
•
A .
Photo N-4. Wetland(W-N3).Small wetland in lowland depression. Only the lowest part of this area
has wetland vegetation.
-24-
i.[Ytm A t y zy 4:
t � a
fora
Photo N-5. Wetland(W-N4)consists of a shallow water pond located in the northwest corner of the
site. There is very limited development of wetland species around the margin of the pond.
Only the shallow water portions of the pond constitute wetland areas.
-25-
CHIKUMA PROPERTY
The Chikuma property is a large upland area used primarily for production of vegetable
crops. Most of the property consists of irrigated fields used for growing a variety of garden
vegetables. Because these crops are irrigated, there is an extensive water distribution network
on the site- Small sections of the South Platte River cross the southeast and northeast corners of
the property. The tributary to Big Dry Creek that crosses the Norden property, extends
northward and enters the Chikuma property in the central part of the south side of the site. If
follows its natural channel for approximately 0.25 miles and then enters an excavated ditch that
carries the water north to the Myrna property where it empties into Big Dry Creek. Big Dry
Creek crosses the western part of the Chikuma property. There is also an irrigation ditch in the
western part of the property that enters the property from the south and flows northward. The
source of water in this ditch comes from a diversion point on the South Platte River
approximately four miles south of Wattenberg (located at the southern end of the Ft. Lupton
properties). After leaving the Chikuma property, the ditch continues northward for
approximately 2.5 miles and empties into Little Dry Creek. The water in Little Dry Creek is
captured in a series of irrigation ditches, and the water that is not used ultimately returns to the
South Platte River. In addition to the croplands, there are cottonwood forests and woodlands
on the portions of the flood plain next to the South Platte River. Also, cottonwoods and willows
area scattered along Big Dry Creek and the tributary to Big Dry Creek. The Chikuma property
has more sources of flowing water than any of the other Ft. Lupton properties.
Wetland areas on the Chikuma property occur in association with this network of
natural drainages and irrigation ditches (Maps C-1 and C-2). Most of the proposed mining cells
for this site are located in the upland areas, and the drainages have been excluded from the
proposed mining areas, however some of the proposed mining sites are located in wetland
areas.
In the eastern part of the site, wetlands occur in association with the South Platte River
(northeast corner and in the southeast corner). There are also, two wetland areas associated
with small drainages on the upland portion of the flood plain. The northern drainage has
wetland vegetation that is connected with the wetlands along the South Platte River. This
wetland is jurisdictional. The wetland in the southeast part is isolated and does not extend to
the wetlands along the river and is non-jurisdictional. In addition to the mapped wetland areas,
there are several places where coyote willows occur along the ephemeral drainages. These
areas were judged to be non-wetlands because the species associated with the willows are
species that are not characteristic of wetland areas. The willows occur in these areas because
they are more deeply rooted and can satisfy their water requirements by tapping into the
capillary fringe of the water table, even though the soil layers close to the surface are dry.
There are also wetlands associated with the tributary to Big Dry Creek in the south
central part of the area. This drainage is an extension of the ditch that begins on the Rittenhouse
property; however the section on this part of the Chikuma property flows through a natural
channel. Because of their connection with the South Platte River, wetlands along this channel
are jurisdictional. Northwest of the point where the drainage enters the Chikuma property, the
water empties into a ditch that carries the water north for approximately 0.25 miles where the
ditch empties into Big Dry Creek, which ultimately empties into the South Platte River north
and east of the project area. Wetlands along these channels are jurisdictional because of these
connections.
-26-
There is an isolated wetland located in the fields east of this ditch. Water to support this
wetland comes from irrigation return flows. Because of the isolated nature of the wetland, it is
likely to be non-jurisdictional.
Additional wetlands occur in association with drainages and ditches on the western part
of the property. With a slight adjustment of proposed mining boundaries, most of these
wetland areas could be avoided.
The only significant wetland areas that occur in proposed mining cells occur in the north
central part of the area. These wetlands occur in association with what was once the
continuation of the natural channel of the tributary to Big Dry Creek. Prior to channelization of
this tributary and creation of the north-south ditch through the central part of the area, water
flowed through a meandering channel. Remnants of the channel can still be seen, and there is
enough water in the area to support a variety of wetland types. Berms created from the ditch
excavation, roads and topographically higher areas support upland vegetation within this
wetland complex. Wetlands in the north part of this area that are adjacent to Big Dry Creek are
jurisdictional. The other wetlands in this part of the property are not jurisdictional because they
are not connected to either Big Dry Creek or to the tributary/ditch to Big Dry Creek. Summary
descriptions of wetland areas are presented in Table C-1.
Table C-1. Descriptions of wetlands on the Chikuma Property. Refer to Table C-2 for lists of
species observed in these wetland areas.
Wetland Photo Descriptions and Comments Jurisdictional Status
Location Number(s)
These wetland areas are similar to other
Wetlands along wetland and waters of the United States sites
the channel and on other properties. Patches of wetland Jurisdictional/Waters
trench of the C-1 vegetation occurs along with areas of exposed of the United States
South Platte sand and gravel. Conditions in these areas is
River (W-C1) very changeable depending on flooding
conditions along the South Platte River.
This small channel carries run-off from the
flood plain and possibly some irrigation return
flow. Small pools of standing water were
)
Small channel noted in this wetland. Coyote willow (Salix nnect dona] -
the drains into C-2 and exigua)is a major species in this wetland. Connected to other
jurisdictional
the South Platte C-3 Chairmaker's rush, duckweed,common cattail
River (W-C2) and a species of teasel (Dipsacus laciniata)occur wetlands along the
South Platte River
as major species. Hydrophytic species
accounted for 86 percent of the observed
species.
This small wetland occurs in a depression in a
channel that carries occasional run-off and
Wetland in an limited amounts of irrigation return flow.
ephemeral Major species in this wetland was a species
Not Jurisdictional-
channel on the C-4 knotweed,reed canary grass and coyote
floodplain willow. Portions of this area had saturated soil Isolated
(W-C3) at the surface, but no standing water.
Hydrophytic species accounted for 90 percent
r-- of the observed species.
c
-27-
Table C-1.(Continued) Descriptions of wetlands on the Chikuma Property. Refer to Table C-2
for lists of species observed in these wetland areas.
Wetland Photo
Location Number(s) Descriptions and Comments Jurisdictional Status
These wetland areas occur in the saturated
zones adjacent to the stream/ditch channel.
Major species include reed canary grass,
common cattail,knotweed species and prairie
Wetlands along cordgrass (Spartina pectinata). At the peak of
the tributary to the irrigation season, this drainage flows at Jurisdictional-
Big Dry Creek C-5 near its flood stage. This allows for greater Connected to other
(W-C4 and W- wetland development in the low areas adjacent jurisdictional
C6) to the drainage. There is more wetland wetlands
development along the natural drainage(W-
C4)than in channelized section of the drainage
(W-C6). Hydrophytic species accounted for 80
percent of the observed species.
Wetland
formed by No specific observations were made in this Non-jurisdictional
pooled No Photo wetland. Overall, the species composition is Isolated-not
irrigation return similar to other wetland areas on the site. connected with
flow (W-CS) existing drainages
This is the largest wetland area on the
property. The former channel is
topographically lower than other parts of the
Wetlands site and is therefore closer to the water table.
Shallow standing water was noted in various
associated with places in this wetland area. When this section Non-jurisdictional
the former of the stream was channelized, the excavated Isolated-not
channel of the C-6
tributary to Big material formed a berm which isolates the connected with
Dry Creek wetland from the existing drainage. Major existing drainages
species in this wetland include common cattail,
(W-C7) Baltic rush (Juncus arcticus ssp.tiler),prairie
cordgrass and chairmaker's rush. Hydrophytic
species accounted for 88 percent of the
observed species.
-28-
Table C-1. (Continued)Descriptions of wetlands on the Chikuma Property. Refer to Table C-2
for lists of species observed in these wetland areas.
Wetland Photo
Descriptions and Comments Jurisdictional Status
Location Number(s)
This wetland area occurs in the low areas that
extend onto the Chikuma property from the
Myrna property(located on the north side of
the Chikuma property). This area occurs near
the confluence of Big Dry Creek and the
Wetland
tributary/ditch. Major species in this wetland Jurisdictional-
associated with include prairie cordgrass,chairmaker's rush Connected to other
low areas along C-7 and alkali muhly (Muhlenbergia asperifoha). In jurisdictional
Big Dry Creek general this area tends to be somewhat drier wetlands
(W-CS) than W-C7. Recent flood debris suggested that
following periods of heavy rainfall in late July,
the water was 2-3 feet deep in this area.
Hydrophytic species accounted for 64 percent
of the observed species.
Small wetland
in natural No specific observations were made in this Non-jurisdictional
depression Isolated -not
No Photo wetland. Overall, the species composition is
along Big Dry connected with Big
similar to wetland W-C8.
Creek Dry Creek
(W-C9)
In general, these wetland areas are similar to
the wetlands along the tributary to Big Dry
Creek;however because the drainage basin of
Big Dry Creek is larger, these wetlands are
more likely to be subject to flooding. On two
separate occasions in 2004,flood waters (2-3
feet deep)covered most of the wetland areas Jurisdictional -
Wetlands along C-8 and along Big Dry Creek. Wetlands occur in Connected to other
Big Dry Creek C-9 saturated areas along the stream channel. jurisdictional
(W-CIO) Major species include reed canary grass and wetlands
woolly sedge (Carex lanuginosa). Coyote
willows occur in small patches in various
places in this wetland. Flows in 2004 were
high enough to wash out the bridge in the
lower part of the area along Big Dry Creek.
Hydrophytic species accounted for 94 percent
of the observed species.
This wetland occurs as a narrow band along Non-jurisdictional-
Wetlands along the channel of the irrigation ditch located in the Ditch excavated in
irrigation ditch west part of the property. The wetland extends upland area.
on west side of C-l0 only 3-4 feet from the channel because of the Hydrology
property steep sides of the ditch. Major is reed canary dependent on water
(W-C]]) grass. Hydrophytic species accounted for 77 diverted from South
percent of the observed species- Platte River
-29-
Table CA. (Continued) Descriptions of wetlands on the Chikuma Property. Refer to Table C-2
for lists of species observed in these wetland areas.
Wetland Photo Descriptions and Comments Jurisdictional Status
Location Numbers)
This is a relatively large wetland area that has
developed in response to leakage from the
adjacent irrigation ditch. There are also
diversion points along the ditch that are used
Wetland on east
to direct water to a ditch at the base of the Non-jurisdictional
side of irrigation wetland. The major species in this wetland Isolated-not
ditch on west C-1] area include common cattail,woolly sedge and connected with
side of site bulrush (Scirpus acutus). Soils are saturated existing drainages
(W-C12) throughout this area and shallow standing
water occurs ill places.Hydrophy tic species
accounted for 78 percent of the observed
species.
This is a small wetland that occurs in an
excavated depression in the south central part
Small wetland Non-jurisdictional
of the site. Major species in this wetland
in excavated Isolated-not
depression C-12 include curly dock (Rumex crispus)and connected with
(W-C13) barnyard grass (Echinochloa eras-galli). existing drainages
Hydrophytic species accounted for 57 percent
of the observed species.
L
-30-
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Table C-2. List of species observed in wetland areas at the Chikuma property.
CHIKUMA Wetland Number
W-C2 W-C3 W-C4 W-C7 W-C8 W- W- W- W-
W-C6 W-C9 _ C10 C11 C12 C13
OBLIGATE WETLAND PLANTS
Carex lanuginosa x _ x x x
Euthamia occidentalis x x x x
G1y eria grandis x
Juncus arcticus ssp.ater _ — x _ x
Lemna minor x x x
Nasturtium officinale x
Persicaria amphibia x x
Persicaria sp.* x x x x x
Salix exigua x x x x x
Scirpus acutus I x x x
Scirpus americanus x x x x
Sparganium eurycarpum x _
Typha angust folia x
Typha latifolia x x x x x
FACULTATIVE WETLAND PLANTS _
Ambrosia tri ftda x x _ x
Atriplex hastata x x x x x
Conium maculatum x x x x x
Dipsacus laciniata* x
Echinochloa crus-galli x x x x
Hordeum jubatum x
Lepidium latifolium x
Muhlenbergia asperifolia x
Phalaris arundinacea x x x x x x x x x
Rumex crispus x x x x x
Salix amygdaloides x x x x x x
Spartina pectinata x x x x x x x
Tamarix ramosissima x
Urtica dioica x x x x x
Verbena hastata
-33-
Table C-2. (Continued) List of species observed in wetland areas at the Chilcuma property.
CHIKUMA Wetland Number
W C2 W C3 W-C4 W C7 W-C8 W- W- W- W-
W-C6 W-C9 C10 C11 C12 C13
FACULTATIVE PLANTS
Ambrosia psilostachya x
Apocynum cannabinum x x x -
T
Asclepias speciosa x x x x x
Distichlis stricta x x x
Echinocystis lobata x x
Festuca pratensis x
Iva xanthi folia x
Oenothera villosa x x
Panicum virgatum x
Plantago major x _ _
Sonchus arvensis _ x
Toxicodendron rydbergii x
FACULTATIVE UPLAND PLANTS v
Asparagus officinalis x
,
Cardaria drabs' x
Cirsium arvense - x x x x x x x x x
Conyza canadensis x x
Gaura parviflora* x
Glycyrrhiza lepidota x x x
Helianthus annuus x i x
Melilotus alba x x
Onopordum acanthium' , x
Rosa woodsii x
Setaria viridis' - x
Solidago canadensis x
Thlaspiaruense' x
litmus pumila' x
Total Number of Species 28 10 20 17 14 17 13 18 7
Total Number of Hydrophytic Species 24 9 16 15 8 16 10 14 4
Percent of 1•lydrophytic Species 85.7 90.0 80.0 88.2 64.3 94.1 76.9 77.8 57.1
-34-
.,4.
Photo C-1. Wetland areas(W-C1)located along the South Platte River.
/"
8 � 7; (qv,� 3 Y+ a :�, r
v F 3 thy"
•
Y-4,
FL
Photo C-2. Wetland(W-C2)located in a small ephemeral channel on the South Platte River flood plain
at the Chikuma property. Upstream portion in the cottonwood woodlands.
-35-
CA' r1-
a .1•�s ., r ,`lh >,
A
� �`W'�xY" Tpw��.
Photo C-3. Wetland(W-C2) located in a small ephemeral channel on the South Platte River flood plain
at the Chikuma property. Downstream portion next to the South Platte River.
•
ir"
k
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do
ft
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-• ' fi if y l �, !:•I-:.'. Y
.M tog.a a tai „ • u'"� riki ;'£
Photo C-4. Wetland(W-C3)located in a small ephemeral channel on the South Platte River flood plain
at the Chikuma property.
-36-
•
. eit
rx �r
Pi ' lam.
.5N.
Photo C-5. Wetland(W-C4)located adjacent to the channel of a tributary to Big Dry Creek on the
Chikuma property. Reed canary grass is the dominant species.
Photo C-6. Wetland area(W-C7) located in what was a former channel of the tributary to Big Dry
Creek.
-37-
r
r
Photo C-7. Wetland(W-C8).This wetland occurs in the low areas between the former channel of the
.� tributa to Big Dry Creek and the Bi: Dr Creek draina•e.
I / Ir':. ` .T ! ,.r �r , i41' , I .� - ti
v ,�•y{4
f' Aan 9 r
. v L
Y y Kle, c7k
,b).::,.„-f... ...,,;;;;;;,..,.Srn Y
r r 1 , h.Y+���.� .� 4'-;;;,,,)tt
rt
Photo C-8. Wetland(W-C10) located along the upper portion of Big Dry Creek on the Chikuma
Property.
-38-
• 1.P.W .( Wf� rn •
fig. 'I} 5
.... vR 44: 1.40rar'. k'!. },' k1, a4,-,2.-'71".....?-41,,,hr. 7 c a,,a'x.
7 cr,,r +A, .14-#.4,.4-4,“:1' 1'
s
u�:� s
f
ifs _ \
Photo C-9. Wetland(W-C10) located along the down stream portion of Big Dry Creek on the Chikuma
,..- Property.
: t. t..‘
Y 5 A y i �, it ,.. , '�4i + ijk 1'
fit
+ - , '� 1 \l if--- -
•mow .� ,�•-� ��1 �� r
. . \ \ • /s^R \ , k
�L.lY 1
, _
Photo C-10. Wetland (W-C11)located along the irrigation ditch(south end)on the west side of the
Chikuma property.
-39-
z, a 'f ! - bs a cr•e• �.` ',44 s `tt s. ve,. Ifi '� .Y'4'''',;.....1'5`C;
•
. •
4.
i Y "
•
•
•
•
•
Photo C-11. Wetland(W-C12) located along the east side of the irrigation ditch on the west side of the
,r. Chikuma Property.
fit, -40t ,Il'
( q
a
,' x F.. `WI •.
fLIS;d Y 4- �M 'u
;foil ,. ' .x A„ �' ,`• • A fr *{
•
, •'''' a ..x • 0 „�,;'
Photo C-12. Wetland(W-C13) located in the south central portion of the Chikuma Property. The
wetland occurs in an excavated depression.
-40-
MYRNA PROPERTY
Most of the Myrna property consists of upland agricultural areas used for production of
garden vegetables. The only drainages on the property are Big Dry Creek which enters the site
from the Chikuma property and crosses the southeast corner of the property (exits onto the
southern parcel of the D & S Mining properties) and the final section of the tributary (ditch) to
Big Dry Creek which enters the property in the extreme southeast corner (continuation from the
Chikuma property). In addition towetland areas in the southeast corner of the property, there
are also some scattered plains cottonwood and peachleaf willow (Salix amygdaloides) trees.
All of the wetlands on the Myrna property are located in the southeastern part of the
property (Map MYR-1), where they occur in association with Big Dry Creek and its tributary.
Because of their connection with drainages that ultimately connect with the South Platte River,
these wetlands are jurisdictional (Table MYR-1). All of the wetlands occur outside of proposed
mining areas.
Table MYR-1. Descriptions of wetlands on the Myrna Property. Refer to Table MYR-2 for a list
of species observed in this wetland area.
Wetland Photo Descriptions and Comments Jurisdictional Status
Location Number(s)
These wetland areas are similar to those that
occur along Big Dry Creek on the Chikuma
property. The wetlands occur in saturated
Wetlands Along zones adjacent to the stream channel and in
Big Dry Creek low areas where the water table is near the Jurisdictional-
and the MYR-1 surface. No standing water(other than the Connected to other
Tributary to Big stream itself) was noted in these wetlands; jurisdictional
Dry Creek however they had been flooded just prior to wetlands
(W-MYR1) the field survey. Major species included reed
canary grass and prairie cordgrass.
Hydrophytic species accounted for 72 percent
of the observed species.
-41-
r
>.
J
11 4 :. ,
y
29 acres , . _y
37 ocres #' eitl
t
16s .10
14 acres
-4, -T:TT1
1a ,•;; ;• r
0' 250' 500' 1000' Upland
19
MYRNA 1" : 500' ; acres
Map MYR-1. Wetland areas on the Myma Property.
r
-42-
Table MYR-2. List of species observed in wetland areas on the Myma property.
MYRNA Wetland
Number
W-MYR1
OBLIGATE WETLAND PLANTS
Carex lanuginosa x
Eleocharis macrostachya x
Euthamia occidentalis x
Persicaria sp.`
Salix exigua
Scirpus acufus
Scirpus americanus x
Typha latifolia x.
FACULTATIVE WETLAND PLANTS
Atriplex hastata x
Conium maciRatum
Lepidium latifolium x
Phalaris arundinacea x _
Rumex crispus __ x
�... Salix amygdaloides x
Spartina pectinata _ x
LIrtica dioica x
FACULTATIVE PLANTS
Asclepius speciosa x
Oenothera villosa x
Xanthium strumarium x
FACULTATIVE UPLAND PLANTS
Cardaria draba* x
Cirsium arvense x
Convolvulus arvensis* x
Melilotus alba x _
Onopordum acanthium* x
Poa pratensis _ x
Total Number of Species 25
Total Number of Hydrophytic Species 18
Percent of Hydrophytic Species 72.0
-43-
fri♦S .
♦ i �
a k
F .�
_ 1 q
�•
F
Photo MYR-1.Wetland(W-MYR1) located along Big Dry Creek on the Myma Property.
•
- s
t .
t'
/
p '
t )
Photo MYR-2.Wetland(W-MYR1) located along the tributary to Big Dry Creek on the Myrna Property.
Looking upstream. This channelized section is a continuation of the tributary that crosses
the Chikuma Property,located south of the Myrna Property.
-44-
MFM FARMS PROPERTY
All of the MFM Farms property consists of upland sites used for production of irrigated
vegetables and crops. There are several irrigation ditches on the property; however these are
lateral ditches that carry water only when the fields are being irrigated. Also, some of these
ditches are concrete lined. No wetlands were observed on the MFM Farms property.
!nit/fe.0441-11
•
fi.
Photo MFM-1.Agricultural fields on the MFM Farms property.
-45-
4
N
c. 11y4g y.
V �
*„ \ �49Mn21
wit ,
Photo MFM-2.Irrigation lateral ditch on the MFM Farms property. Ditches are well maintained with only
,^ a few scattered wetland plants.
',, .„.
# '
-
', fir , ;P':.. ~} t • 'nr
w
��y 1
-. r•r . 4,40,, ,- y - /X55 ! .n ,-,,o,•, .. -.:
,
r. k"Sr I i pl q
hL
� Y e a t }a,afi 1 �- c
c
Photo MFM-3.Irrigation lateral ditch on the MFM Farms property. Ditches are well maintained with only
a few scattered wetland plants.
-46-
D & S MINING PROPERTIES
The three D &S Mining properties (Maps 1 and 2) are all different. The southern parcel
(located just north of the Chikuma property and east of the Myrna property) consists mostly of
a high flood plain terrace along the South Platte River, which runs along the east side of the
parcel. Big Dry Creek enters the property in the southwest corner and meanders across the
western half of the property and exits the site in the northwest corner. Stands of plains
cottonwood trees occur along Big Dry Creek and also along the South Platte River. The site is
used for livestock grazing.
The western D & S Mining parcel is located just north of the MFM property. This parcel
has been partially mined for aggregate and is characterized by excavated ponds and areas
disturbed by the mining process (the site has not yet been reclaimed).
The northern parcel of the D &S Mining property is crossed by an irrigation ditch which
is fed from a diversion on Big Dry Creek, just upstream from its confluence with the South
Platte River. The ditch carries water northward and supplies a variety of feeder ditches.
Wetlands on the southern parcel are associated with the South Platte River channel and
Big Dry Creek (Map DS-1). Most of the wetlands on this part of the D & S Mining property
occur in association with the drainage channels that can be avoided during the mining process.
The second parcel of the D & S property consists of a site that has already been partially
mined. Wetlands on this property occur in association with excavated ponds and with an
irrigation ditch that is located on the west and north sides of the property (Map DS-2). Shallow
water areas in the two large ponds would be considered to be wetlands along with the wetland
vegetation that has developed around the pond margins. There are also several depressions
where water persists for long enough periods to support wetland species. These wetlands are
not jurisdictional because they are isolated and also because they are associated with an active,
permitted mine.
The third parcel of the D & S property is located northeast of the second parcel (Map DS-
2). Wetlands occur in association with an irrigation ditch that carries water diverted from Big
Dry Creek. The diversion head gate is located on the Morton property and diverts much of the
Big Dry Creek flow. There are wetlands that occur in the saturated zones and topographically
low areas adjacent to the irrigation ditch. There is also a very large wetland area on the eastern
part of this property. All of the area east of the berm created by the excavation of the irrigation
ditch supports a large wetland area that extends eastward onto the adjacent property. Field
observations suggest that at times this area is dry enough to allow for farm equipment to work
in the area, however in 2004, standing water and saturated soil conditions characterized nearly
all of the area. Shallow, open water areas occurred along Highway 52 and extended southward
for several hundred feet. The vegetation in the area is dominated by hydrophytic species,
suggesting that saturated conditions commonly occur in this area. The source of water in this
area comes, at least in part, from surface runoff. Some of the wet conditions may be related to a
locally high water table. Also, Highway 52 may be playing a role in restricting the natural
northward flow of water. (The wetland area also occurs on the north side of•Highway 52).
While this wetland is large, it is non-jurisdictional because it is not connected with waters of the
United States or with other jurisdictional wetlands. Descriptive summaries of wetland areas are
presented in Table DS-1.
-47-
Table DS-1.Descriptions of wetlands on the D&S Mining Properties. Refer to Table DS-2 for
lists of species observed in these wetland areas.
Wetland Photo Descriptions and Comments Jurisdictional Status
Location Number(s)
This area includes the wetlands and waters of
the United States that occur along the channel
and trench of the South Platte River. These
areas are similar to other sections of the South
South Platte
Platte River that occur on other properties.
River Channel DS-1,DS-2 Jurisdictional/Waters
and Trench and DS-3 Major species include reed canary grass,coyote of the United States
(W-DSl) willow and woolly sedge. Conditions along
the river channel are highly variable
depending on recent flood conditions.
Hydrophytic species accounted for 68 percent
of the observed species.
These wetland areas are similar to other
wetland areas along Big Dry Creek that occur
on other properties. The wetlands are
restricted to the saturated zones immediately
Wetlands along adjacent to the stream channel. Major species Jurisdictional-
Big Dry Creek DS-4 include reed canary grass,woolly sedge and Connected to other
jurisdictional
(W-DS2) prairie cordgrass. The abundance of wetland wetlands
species rapidly diminishes as the distance from
the stream increases. Hydrophytic species
accounted for 66 percent of the observed
species.
Wetlands are restricted to the shallow water
portions of the ponds and to the shorelines of
the ponds. Development of wetland
Excavated vegetation along the shorelines of the ponds is
ponds DS-5 and discontinuous and limited to scattered patches. Not Jurisdictional-
(W-DS3 and W- DS-6 Since the ponds tend to be steep-sided, Isolated
DS4) vegetation development is limited. Major
species include common cattail and curly dock.
Hydrophytic species accounted for 73 percent
of the observed pecies.
Several shallow depressions occur in the
disturbed areas. These tend to accumulate
enough water to support wetland vegetation
Areas of (either surface run off or groundwater). The
shallow water DS-7 largest of these depressions had 4-5 inches of Not Jurisdictional-
accumulation standing water. Major species included coyote Isolated
(W-DS5) willow,foxtail barley (Hordeurnjubaturn),
common cattail and narrowleaf cattail (Typha
angustifoba). Hydrophytic species accounted
for 88 percent of the observed species.
-48-
Table DS-1. (Continued) Descriptions of wetlands on the D&S Mining Properties. Refer to
Table DS-2 for lists of species observed in these wetland areas.
Wetland Photo
Location Number(s) Descriptions and Comments Jurisdictional Status
These wetlands occur in an irrigation ditch that
is located on the west and north side of the site
and occasionally carries water from the MFM
Along irrigation Farms property. A small amount of standing Non-jurisdictional-
ditch DS-8 water was noted in a portion of the ditch. Ditch excavated in
(W-DS6) Mostly the ditch is very well-vegetated with upland area.
reed canary grass occurring as the dominant
species. Hydrophytic species accounted for 59
percent of the observed species.
These wetlands occur along the saturated ditch
margins and low areas along the irrigation
ditch on the west side of the property. Water
in the ditch is diverted from Big Dry Creek,just Non-jurisdictional-
upstream from its confluence with the South Ditch excavated in
Platte River.A marsh has developed in the low
Along irrigation DS-9 and area along the west side of the ditch. There upland area.
ditch DS-10 were 2-3 inches of standing water in the lowest Hydrology
(W-C7) dependent on water
part of this area. Major species include reed
canary grass,common cattail,chairmaker's diverted from Big
rush,Baltic rush and common spikerush Dry Creek
(Eleocharis macrostachya). Hydrophytic species
accounted for 75 percent of the observed
species.
This is a small segment of excavated ditch that
apparently is used to carry irrigation return
Along small flows from adjacent field. Soils were saturated Non-jurisdictional
at the surface, but there was no standing water Isolated-not
irrigation ditch DS-11
(W-DS8) in the ditch. Major species include reed canary connected with
grass and species of knotweed. Hydrophytic existing drainages
species accounted for 67 percent of the
observed species.
This wetland occurs east of the irrigation ditch
and extends eastward onto the adjacent
property. This is the largest wetland
(approximately 25 acres)encountered on any
of the properties included in the study. The
source of water appears to be surface run-off as
well as groundwater. The area is a closed basin Non-jurisdictional
(W-DS9) DS-12 and and does not drain. Soils are fine-grained and Isolated-not
DS-13 somewhat saline. The northern portion of the connected with
area had standing water throughout the 2004 existing drainages
growing season- Soils were saturated at the
surface throughout most of the area. Major
species include chairmaker's rush, inland
saltgrass,foxtail barley and Baltic rush.
Hydrophytic species accounted for 71 percent
of the observed species-
-49-
vrt 4r:
7 - ti - s
~ +
w
Ai flit .
,„ . .
upland
am.
"4' Vii.. a ;
Aa r 4
M ,:
t „ W-DS1 ,5
,. Qcr c - s �s
y� �
t
al .
eA 5Sp k 3 � a
.t.ii
0' 250' 500' 1000'
19 1_ i 1
: 500'
18 acres 1"
Map DS-1. Wetland area on the southern parcel of the D&S Mining Properties.
-50-
r• L r: o- T Y 3 :+R,,.7i+. .LL,-4rr Y G.• h ,,,r` , e:a •-•rte` .":11D4 •j• - f fi'i.. 7,' ,'4* t� E
-�'".�W-DS7 '� '�_ •. • {
, !"•« �.; upland . '>.i `.., ... �r•n°'" • ,/f 4--,.,. r /4-9,!--s.,‘,4--
• '
1-.m-:-.2•�.5 +•: • .. Ae 'mac : �' - - .'�..�yt�"
'yi '{yet'. '+' c' :.f1;"5' ..y
Itt.; : ` ".
rte, _ •
•
t.71 4414 lizet4i. ``~4 ;' i -r a,'• '., W-DS9 :'a:--. ;Y
S l / a� �i,�; ry.��.,L YRir•.:� �.r: }. � '.FF;:.'� y•k tr
�- ! ., `.. ... ems;:l
�- �( R W DS7 , lilt
A.'..i.-,,,,,.., -`Ur'', . 1•.,•••••^''''* .A- , 4t I . ... A.1 i
vr--% W-DS5
W-DS6 Upland
7A
. .. ,t, If• 1,l ix,
j' W-DS4 ' . `
y R.
es �__r^((qc
3.
, . • i
sx W-DS5 4 •= § t' •
W-DS3 ; s
y
. " Upland
�• '
0' 250' 500' 1000'
1" : 500'
z'
:1
Map DS-2. Wetland areas on the northern parcels of the D& S Mining Properties.
-51-
1 Table DS-2. List of Species observed in wetland areas on the D&S Mining Properties.
D&S MINING PROPERTIES Wetland Number
DSI W-D52 w- 4 W-DS5 W-DS6 W-DS7 W-DS8 W-DS9
OBLIGATE WETLAND PLANTS
Alopecurus pratensis x
Anemopsis californica x •
Carex lanuginosa x x x
Carex nebrascensis x x
Eleocharis macrostachya x x
Epilobium ciliatum x
Euthamia occidentalis x x
halms arcticus ssp.ater r x x x
Nasturtium ofcinale x x
Persicaria maculate x x
Persicaria sp.' x x x
Potentilla anserina x
r
Sagittaria cuneata x
Salix exigua x x x x x
Scirpus acutus x x x
Scirpus americanus x _ x x
Spergularia media x
Triglochin maritimum x
Typha angust folia x x x
Typha latifolia x x x x x
FACULTATIVE WETLAND PLANTS
Ambrosia trifrda x x
Atriplex hastata x x x
Carex praegracilis x
Corium maculatum x x
Dipsacus sylvestns' x
Equisetum laevigatum x
Hordeum jubatum x x x x ` x i x
Lepidium latifolium - x x x
Monolepis nultalliana x
Muhlenbergia asperifolia x
Phalaris arundinacea x x x x x x x
Persicaria pensyluanica x x
Polygonum aviculare x
Rumex crlspus x x x x x x x x
Salix amygdaloides x
Solidago giganlea x
Spartina pectinata x x x x
Suaeda depressa x
Tamarix ramosissima x x x
Urtica dioica x x
FACULT ATIVE PLANTS -
_Ater •
Ane ndo � x i
Ambrosia psiloslachya x
Apotynunr cannabinum x
-52-
Table DS-2. (Cont'd)List of Species observed in wetland areas on the D&S Mining Properties.
D&S MINING PROPERTIES Wetland Number
W-DSI W-D52 W-D65 W-DS6 W-0S7 W-DS8 W-DS9
Asclepias speciosa x x x x x
Distichlis stricla x x
Elaeagnus angushfolia x
Festuca pralensis x _ x x
Iva xanthifolia x
Lactuca serriola x x
Oenothera villosa x
Plantago major _ _ _ x
Poa juncifolia x
Poly$onum ramosissimum _ x x
Populus sargentii x x x x
Portulaca oleracea x
Sonchus arvensis x
Smilacina stellata x
Xanthium strumarium x
FACULTATIVE UPLAND PLANTS
Asparagus officinalis x
Bromus inermis* x x x
Cardaria draba' x x x
Carduus nutans" x x
Cirsium arvense x x x x x x x x
( ---' Cirsium vulgare' x
Convolvulus aruensis* x x
Conyza canadensis x
Gaura parvora' x x x
Gtycyrrhiza lepidota x x x
Helianthus annuus x x
Kochia scoparia x x x
Mehlotus alba x
Onopordum acanthium' x x x
OxybNrhus nyctagineus` _ x x
Physalis virginiana' x
Poa pratensis x '
-Salsola iberica x
Sisymbrium allissimum x
Symphoricarpos occidentalis' x x
I
Thlaspi arUense' x x x
Tragopogon dubius x
,-
Litmus pumila' x
UPLAND PLANTS
Bromus teclorum' x
Descurainia richardsonii' x
Euphorbia esula' x x
'Total Number of Species 22_ 32 15 16 27 24 12 31 _
Total Number of Hydrophytic Species 15 21 11 14 I6_ 18 8 22
'"~ Percent of Hydroohytic Species 68.2 65.6 73.3 87.5 , 593 _ 75.0 66.7 71.0
-53-
i
- 1 os
jtt
•
•
Photo DS-1. Wetland(W-DS1)located along the channel of the South Platte River.
tl k •
ltirper '
`,
a s '{-1.• �-',
Photo DS-2. Gravel bars(W-DS1)located along the channel of the South Platte River.
-54-
Y 4'
— I
gx t
n. -
�k � y
y• P 1 6 • r.
. feF �' t i��•
Iv
Photo DS-3. Wetland(W-DSI)located in a small channel along the South Platte River.
•
v.
-
r
•• S
r �< •
4 a
Photo DS-4. Wetland (W-DS2)located along the channel of Big Dry Creek.
-55-
, k
`, " ''e'ro .4' Wit: ° "i'X` .' r,e'1 '4•,k .i,,,;,"'�?G
r
-a'
1
�4 `t
$
Photo DS-5. Wetland(W-DS3). Pond and pond margins in aggregate pit.
....0 •
.eyri°'�i e.
C
: 4 ti...: 43 F p�'n
S fr Y,-
:,. .
Photo DS-6. Wetland(W-DS4). Pond and pond margins in aggregate pit.
-56-
A-..
s.,.
a n ape .a-
:i
,�n
.. t -a ., .rs*" i s'h� ,. .a--,- . t
µ
sFIl '' ' ,�. `'!' krt e �f .i;-./1" "fin -..C.,:z. ;d}� Y [..
y .tGa v` : 1 S c , ' .;
y� 2 >
Q-S x "C "s' - ' P r F �.
y,, r ati ! t a Y! t. Tt,
Photo DS-7. Wetland(W-DS5) . Developed in shallow water areas in aggregate mining area.
.. . ._. G'It.
•
1 e/
•
" , .i 4. {
I r , I {
I
fj� 4 I I, V+•' ,r
i-. Photo DS-8. Wetland(W-DS6)located along an irrigation ditch along the north side of the aggregate
pit.
-57-
Sr ..-! 1Xl
vl ' ✓P
r '. `-�y •� ''r �. .r
{
01
/ ,f '"•1l .f ./' -e , .
f
/' //i l'':.�� L'
a' %C
Photo DS-9. Wetland(W-DS7)located along the channel of irrigation ditch that crosses the northern
fa- parcel of the D&S Mining Properties.
•
. 1 .
Photo DS-10. Wetland(W-DS7).Marsh located next to channel of irrigation ditch that crosses the
/" northern parcel of the D&S Mining Properties.
-58-
s
a. f.
� a
l fj
eaN
.0O
a. -U '4
It,'.
Photo DS-11. Wetland(W-DS8)located along the channel of excavated ditch.
✓^
t 4 is kowttp ^" (1lQYi'?3`
riot • 412
I
,111ti' '�. 1 e'�
..q a l?
f. f et r - t.. v h=e
W,•,
� a �
Photo DS-12. Wetland(W-DS9) located in low area east of irrigation ditch in the northern parcel of the
D&S Mining Properties. North part of wetland.
r^
-59-
• r`
f A
Photo DS-13. Wetland(W-DS9)located in low area east of irrigation ditch in the northern parcel of the
D&S Mining Properties. South part of wetland.
SUMMARY
• Most of the properties that were evaluated as part of this survey are primarily upland
sites used for agricultural purposes. Irrigated crop production and livestock grazing
are the primary land uses for most of the area.
• Wetlands within the study area occur primarily along drainages and irrigation
ditches. The major drainages include the South Platte River,Big Dry Creek, a
tributary to Big Dry Creek and several irrigation ditches that carry flow during the
growing season.
• Wetlands were identified an all of the properties,except the MFM Farms site. Most of
the wetlands that were delineated occur along drainages that are outside potential
mining areas.
• Both jurisdictional and non-jurisdictional wetlands occur within the project area.
Jurisdictional wetlands occur along the drainages;non-jurisdictional areas occur in
depressions and cut-off channels that are not connected to jurisdictional wetlands or
waters of the United States.
• No threatened species were observed in any of the wetlands on any of the sites.
REFERENCES
Department of the Army. 1987. Corps of engineers wetland delineation manual. U.S. Army
Corps of Engineers Technical Report Y-87-1. 100 p. plus appendices.
Reed,Jr., P. B. 1988. National list of plant species that occur in wetlands: Central
plains,(Region 5). U.S. Department of Interior, Fish and Wildlife Service Biol. Rept. 88
(26.5). 73 p.
USDI. 1992. Interim survey requirements for Spiranthes diluvialis. USD1 Fish and Wildlife
Service,Colorado State Office,Golden. 9 pp. + attachments.
-61-
EXHIBIT K
Climate
The subject site area has a high plain, continental climate. With the mountains to the west,
variations in temperature are wide. The average annual temperature is lower than in the
high plains, and the temperature increases from east to west in the plains area. Average
annual precipitation also increases from east to west. In the high plains area, rainfall is
light and humidity is low.
Differences in altitude and exposure create great variations in both temperature and
precipitation. In general, temperatures are cooler at higher elevations, and northern
exposures are cooler than southern exposures. The average frost-free period ranges from
225 to 270 days. Annual precipitation ranges from about 13 to 24 inches and increase with
elevation.
In the eastern high plains area, the climate is modifies considerably from that expected of a
typical high plains because of the nearby mountains to the west. The winds characteristic
of the plains are reduced somewhat by the shielding effect of the mountains.
Climate data for the site is assumed to be similar to that of a weather station 3 miles south
in Brighton, CO. The Western Regional Climate Center tracks temperature extremes and
precipitation data for this station. The following tables were based on data collected during
the period beginning October 1, 1973 and ending December 31, 2003.
Avg. Max.Temperature Avg. Min.Temperature
January _ 43.00 14.50
February 47.40 18.70
March 55.20 25.60
April 63.60 33.40
May 72.70 42.80
June 83.40 51.60
July 89.20 _ __ 56.80
August 86.70 55.00
September 78.90 45.90
October 67.40 34.20
November 51.60 23.10
December 44.40 15.90
Annual Average 65.29 34.79
Ft Lupton Pi,
OMG 117 Perm,
Page 57 of81
Avg.Precipitation Avg.Snowfall
January 0.46 6.00
February 0.39 4.50
March 1.25 830
April 1.72 5.10
May 2.47 [00
June 1.67 0.00
July 1.60 0.00
August 1.68 0.00
September 1.05 0.50
October 0.81 2.30
November 0.85 7.60
December 0.49 5.80
Annual Total 14.44 41.10
Source: Western Regional Climate Center,www.wrcc.dri.edu,Summary for Brighton,CO(050950),last accessed
05/19/04
Ft Lupton Pit
DMG 112 Permit
Page 58 of 81
EXHIBIT L
Reclamation Costs
The following items represent the estimated cost for the Division to reclaim Riverbend Pit,
based on a maximum disturbed area of 145 acres as detailed in the Mining Plan Exhibit, "
page 15.
TOTAL
ITEM COST/UNIT UNIT UNITS TOTAL COST
Direct Cost: Earthmoving & Revegetation
Grass Seed Mix $39.83 Acre 40 $1,593.20
Drilling Grass Seed $18.00 Acre 40 $720.00
Fertilizer-40#AN&P $29.23 Acre 40 $1,169.20
Fertilizer Application $12.50 Acre 40 $500.00
Top Soiling w/Dozer/Loader $0.75 LCY 64,500 $48,375.00
Disking or Scarifying $28.50 Acre 40 $1,140.00
Weed Control $30.00 Acre 40 $1,200.00
Back Sloping $0.75 LCY 1,500,000 $1,125,000.00
Conveyor Removal $14.10 Linear Foot 16,000 $225,600.00
Mobilization & Demobilization $1,500.00 Lump sum 1 $1,500.00
Compacted Liner Installation $2.25 LCY 325,000 $731,250.00
Total Direct Reclamation Cost $2,138,047.40
Indirect Cost: Overhead& Profit
Public Liability Insurance 1.55% $33,139.73
Contractor Performance Bond 1.55% $33,139.73
Contractor Profit 10.00% $213,804.74
DMG Project Administration Expense 5.00% $106,902.37
Total Indirect Reclamation Cost 5386,986.58
Total Performance Bond Amount $2,525,033.98
Per Acre Cost of Reclamation (145 affected acres) $17,414.03
Ft Lupton Pit
DA1G 112 Permit
Page 59 ofSI
EXHIBIT M
Other Permits and Licenses
A list of other permits. licenses, and clearances in process for the proposed operation is as
follows:
• Weld County Use by Special Review Permit USR
• Air Pollution Emission Permit
• CDPS Industrial General Permit #COG-500416 for ground water discharge
• A Spill Prevention Control and Countermeasures Plan
• Stormwater Management Plan
• Gravel Pit Well Permit
• Substitute Water Supply Plan
• Flood Hazard Development Permit
C.
Ft Lupton Pit
DUG 112 Permit
Page 60 of 8I
This Exhibit was updated in conjunction with the USR Application. June 23, 2005
EXHIBIT N
Source of Legal Right-To-Enter
See attached leases, warranty deeds, and affidavit
!I Lupton Pit
OMG 111 Permit
Page 63 of 85
This page was updated in conjunction with the USR Application. June 23, 2005
Donald L. Rittenhouse & Suzanne Rittenhouse Quit Claim Deed and Gravel
Property Lease
Phase 1
Ft Lupton Pit
DMG 112 Permit
Page 64 of85
.8723. WIS/ISIO II:5011 Weld County CO
I of I R 6.00 0 6.00 JN Sat Taubman
QUITCLAIM DEED
3)31
THIS DEED, made this day of ,4PA?it, 1999, between Frank Damiana,
through his conservator, Randal G. Damiana, whose address is Route 1, Box 113-A,
Moore, ID 83225,grantor,and Donald L. Rittenhouse and Suzanne Rittenhouse, whose
address is 205 W Patit Road,Dayton,WA 99328,grantees,
WITNESS, that the grantor,for and in consideration of the sum ofd
and other good and valuable consideration,the receipt and sufficiency of which
is hereby acknowledged,has remised,released, sold and QUITCLAIMED, and by these
presents does remise, release sell and QUITCLAIM unto the grantees, their heirs,
auCressors and assigns forever, all the right,tide, interest, claim and demand which the
grantor has in and to the real property, together with improvements, if any, situate, lying
and being in the County of Weld and State of Colorado,described as follows:
Section 19,Township I North,Range 66 West,of the 6th P.M.
TO HAVE AND TO HOLD the same, together with all and singular the
appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining,
and all the estate,right,title,interest and claim whatsoever of the grantor,either in law or
equity,to the only proper use, benefit and behoof of the grantees, their heirs and assigns
forever.
IN WITNESS WHEREOF, the grantor has executed this deed on the date set
forth above. o
/.7/,l/ -i , har--a-.-ti f9/gen4f-'74J�
I` YI:".. 0n1 AlXlI' ec
Frank Damiana by his Conservator,Randal G. Damian
STATE OF IDAHO )
)sa-
il The foregoing instrument was acknowledged before me this :qTh day of
( (p 5( ( - 1999,by Randal G.Damiana as conservator for Frank Damiana.
Witness my hand and official seal_
My Commission Expires_ a- J, '_.'A- -'"
.*' ":,• L-c4 a ,:_ . acts-etc {
Notary Public
WHEN iIfj(DRbty,_REtUV* 'CO: DONALD L. & SUZANNE RITTENHOUSE
A._ - 205 W PATIT ROAD
�"` DAYTON WA 99328
(Rai —zro
DONALD L. RITTENHOUSE AND SUZANNE RITTENHOUSE Fill
con
GRAVEL PROPERTY LEASE WITH OPTION TO PURCHASE SURFACE
0,,2e.no.
THIS INDENTURE, dated this ti day of �u
7 S ,)998-(hereinafter referred
to as the "Lease"), by and between Dgnald L. Rittenhouse a d Suzanne Rittenhouse, with their
address being 0 r N at.t o4. w� w It �q (hereinafter a e' ear ' L (hereinafter referred to as jam/
"Lessor" inclusively) and Mobile Premix Concrete, Inc_, a Colorado corporation (hereinafter
referred to as the "Company"), with its address at 1400 West 64th Avenue, Denver, Colorado
80221.
WITNESSETH
In consideration of the sum of paid
by the Company to Lessor (which includes aid for the Option to Lease Gravel
Property ("Option") under which this Lease is taken), the receipt of which is hereby
acknowledged by Lessor, which sum shall satisfy the advance minimum royalty requirement
identified in Paragraph 4 with respect to the period from the commencement date hereof to the
end of the first year of the term of this Lease, and on and subject to the terms and conditions
provided in this Lease, Lessor hereby leases, lets and demises to the Company the Materials as
defined herein, in, on and under the real property situate in Weld County and described in
Exhibit A attached hereto and made a part of this Lease (hereinafter referred to as the
Property"), and the exclusive right to sample, drill, and test for, develop, mine, quarry,
tract, process, sell, use and remove them during the Term of this Lease, along with the right
to locate and operate with associated uses an "Operational Plant Site," as defined herein_
TOGETHER WITH the right to use and exercise the water and water rights appurtenant
to the Property that belong to Lessor ("Water Rights") to the extent appropriate for the
operation of the Operational Plant Site and for the extraction, removal and processing of the
Materials, as well as for revegetation and reclamation, including exposure of alluvial waters to
evaporation.
LESSOR RESERVES the right to use and lease the surface of the Property for
agricultural, hunting and fishing and horseback riding purposes and as provided in Paragraph
18 and for other existing residences and accessory structures only, provided that such uses
shall cease during the times and for the portions of the Property where the Company is
conducting active mining or reclamation activities and where the Operational Plant Site is
located, and provided that Lessor as part of such use shall pay for, install and maintain at its
sole cost any and all fencing the parties mutually agree is necessary to protect the Company's
operations from interference from such uses of Lessor. Lessor shall not interfere with the
Company's operations under this lease in connection with such uses, and Lessor releases
.a-r-grave1.98
Mobile Premix Concrete, Inc.
Attn: Land Department
I400 West 64th Avenue
PM. Box 21588
Denver, Colorado 80221 phone: (303) 657-4425
Donald L. and Suzanne Rittenhouse
-Los N. PPctttt -Rd - gi‘
Day i-on/ W R
p
2L Entire Agreement. This Lease contains the entire agreement between the parties
hereto, and neither it nor any part of it may be changed, altered, modified, or limited orally or
by any agreement between the parties unless such agreement be expressed in writing, signed,
and acknowledged by the Lessor and the Company, or their respective heirs, personal
representatives, successors and assigns. - -
IN WITNESS WHEREOF, this Gravel Property Lease with Option to Purchase Surface
Estate has been duly executed as of the date first above written.
MOBILE PREMIX CONCRETE, INC_ DONALD L. RITTENHOUSE
and
SUZANNE RITTENHOUSE
By 2 JL
Title: G.m.,�t a-Q Lessor: Donald L_ ttenhouse
sso : Suz
anne Rittenhouse
Phone: Home (509) 3754cm 32(2 t°Dto
Ph ,rn W� d t;no� ammmm �M �
err-gravel_98 14
Gravel Property Lease with Option
to Purchase Surface
f7 � am. k 4. ____,, af
io
An undivided 34i- interest in the following described property_
PARCEL 1 _
•
That part of the NW 1/4 of the SE 1/4 of Section 19,
1 North, Range 66 West of the 6th P-M_ , described as
COMMENCING at the Northwest Township
Section 19; corner of the SE follows:
ththence South 1/4 of said
ence along the hest line of said
of 853 feet to the North line quarteramianaipr a
described in Deed recorded in Book 529 of the
thence East along Damiana property- '
feet; the Ncrth line of Said 433;
- thence Diana property 264
section nc North and parallel to the West line of
a distance of 853 feet, more or
of the_ SE L/_4- of saidSection-19;-
thencesaid ouarter
less, to the North line
West a distance of 264
Quarter section to the POINT OF et
along the North line EXCEPT that portion BEGINNING;
ne of said
Cn f a porn onrthereof conveyed---to The State sionrofd hin-iway purposes in Warranty
Commis-
sion Book 1401 , Page 313, described as
follows:
ow
BEGINNING at a point on the linefrom c Deed
Southeast carne_ South prope_t
„....---
distance r of said Section 19 beams property -0 Which the
of 3011 . 2 feet; hears South 54-04 •thence along the South East a
of68_ 9ft to the Soutleast_coy r1er ofine the
88 39 ty; a distance
along the East prc 0 property;
of 856 - 8 feet to Perty line North D .2
thence the East-West Sectionf ' e^ West a distance -
along the East-West quarter line eofc i South 89 -39 . quarter line 19;
West a distance of of Section 19
thence South 4 -48 ' East a distance of535fee_9
thence South 18 .50 ' East a distance o
thence South 4 -48 ' feet;
East a distance off 103 . 1 feet;
the_ POINT OF BEGINNING- 223 - 4 feet,
more or less to
PARCEL 2 :
That part of the W 1/2 of the SE 1/4 of Section
North, Range 66 West of tle 6th P N_
BEGINNING 19, Township 1
at a point described a/4 follows:
Section on tle West line of the SE 1
19 which is 1310 feet North of the Southwestocorner of
said SE 1/4 of said f said
thence Section 19;
North 504 feet;
thence East 272 feet;
thence South 504 teet;
thence West 272 feet to th≥ PLACE OF ?-GINNING -
EXCEPT to that portion thereof included within a parcel of land con-
veyedJohn Schel
l and Constantine
,...---
recorded in Book ell tine Shell
-Page 3g in Quit Claim Deed
described as follows :
t
BEGINNING at a point 247 feet East of the Southwest corner of
the SW 1/4 of the SE 1/4 of said Section 19;
thence North to a point on the North line of said SW 1/4 SE 1/4 ;
thence East 25 feet to a point-
thence South to a point on the South line of said SW- 1/4 SE 1/4 ;
thence West 25 feet to the PLACE-OF BEGINNING; and
EXCEPT that portion thereof lying- within the North 10 feet -of
the S 1/2 of the SE 1/4 and the South 20 feet of tie N 1/2 of
SE 1/4 of said Section 19 as conveyed to The Board of County
Commissioners of Weld :ounty and to Weld 'County to be used and
maintained as a public road in Warranty Deed recorded in Book
1229, Page 556; and
EXCEPT that portion th'_reof conveyed to The State Highway Commis-
sion of Colorado for highway purposes in Special Warranty Deed
recorded in Book 1401, Page 313, described as follows:
BEGINNING at a point on the North property line from which the
Southeast corner of said Section 19 bears South 54'04 ' East a
distance of 3011. 2 feet_;
thence South 4 '48 ' East,a distance of 247 . 6 feet;
thence along the arc of a curve to the left a distance of 186. 3
feet, the radius of which arc has a- length of 5805 feet, and
the chord of which arc bears South 5'43 ' East of distance of
186. 2 feet, to the South property line;
thence along the South property line North 89' 50 ' East a distance
of 32. 8 feet to the Eaa.t'property line;
thence along the East property line North 0'25 '30' West, a dis-
tance of 430 . 3 feet to the North property line;
thence along the North property line North 88'39 ' West a distance
of 68. 9 feet, more or less, to the POINT OF BEGINNING.
ALSO,
Lots 1 and 2 of the SW 1/4 of Section 19, Township 1 -North, Range
66 West of the 6th P.M_
EXCLUDING hydrocarbon mineral rights_ -
Mineral Reserves, Inc. Warranty Deed
Phase 2
Ft. Lupton Pit
DUG 117 Permit
Page 63 oJ8l
11111111111l1111�11181111111IIVIII'"'IUI
163091 07/05/3001 1ti01A JA Suld Tnlomolo
of I R 5.00 0 63.50 Weld County CO
bwd the day of A.D. , at o'clock M. RECORDEk
el?/ By DEPUTY_
SPECIAL WARRANTY DEED
jto
THIS DEED, Made on this day of hoc2001 Op
. between C
GEORGE R NORDEN LIVING TRUST
whose legal address ist
crantor(s),
an
MINERAL RESERVES.INC A COLORADO CORPORATION
whose legal address is: 1400 W.64TH AVENUE,DENVER,CO 80221
of the Grantee(s):
WITNESS, that the Grantor, for and in consideration of the sum of
aniiiis )
DOLLARS
the receipt and sufficiency of which Is herepresentsbydoes acknowledged, has granted, bargained, sold and conveyed, and by these
realbargain, sell, convey and confirm unto the Grantee(s), their heirs and assigns forever, all the
WELD property, together with ',Decrements, if arty, situate, lying and being in the Canty of
and State described as follows:
SEE EXHIT IB 'A'ATTACHED HERETO PART AND MADE A HEREOF
Stz:o Dcc. Fcg
ezto , — , -
also femn as street number 11520 WELDCOUNTY ROAD 8.FT LUPTON, -3-- - �� ..
TOGETHER with all and singular and Tiered'taaents and
and the reversion and rappurtenances issues tand
belonging, or In anywise appertaining
reversions, remainder and h Grantor, rents, issues and profits thereof;i; and all the estate, M
prole interest, hem sa and demand ant, whatsoever of the Grantor(z), either in law or equity, of, in and to the above bargained
r�9hl
SEE , with the eereditmnta and appwterwncez;
SEE EXHIBIT C
TO HAVE AND TO HOLD the said premises above ba and described with their heirs, successors end assigns - appurtenances,a and assign a tcovenantee(s>,
Wl forever_ the VER DEFE for et above ias ained prey is has, lets covenant,
agree that it sell end will YARq.WI MID FOREVER DEFEND the above-bargained peaceable possession of the Grantee(s), their heirs, successors and assigns, against,all and
ses in tes quiet and
claiming the thole or any part thereof, by, through or under the Grantor(s). every person or persons
EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2001 AND SUBSEQUENT YEARS;EXCEPTIONS AS LISTED ON
EXHIBIT-B'ATTACHED AND MADE A PART HEREOF AS IF FULLY SET FORTH HEREIN
IN WITNESS WI[EREOP the Grantor(s) have executed this deed on the date set forth above_
GEORGE R_ RDEN LIMN T ST
M/U �p
/
BY: MARTIN.T���
C MFRS I(NED
/1 /J BY_GEORGE M.NORDEN.TRUSTEE
///l/14
STATE Of l, /
County of /.41' )is.
by The forryoing aY instrument was a knyftedg d t f r she um this day of June 1001
Y( UI Marton) IruSfe OT ( rye . Abrtice,
my ,terramss ry hn dander fZ(Z S
Vi[tiles, an
d d sofficial seal_
1_ /�� �,.
Ia IE4FSA RNJS Rotary PWl is
- tt Commistion.12031]9
a t Nofcry PtALc—CONIcalO
e.51
i % LO A tepee county
, mAapo•
ESC(Chair At:I059 E
litter Ir?0610Jy WenT riled Return to: MINERAL RESERVES, INC_, A COLORADO
CORPORATION
form No. COW.Stp 1400 U. 6418 AVENUE, DENVER, CO 80221
i inn 0111111111 nn iu ui�u�rite gym im un
2863092 17;45 0i „w,a JA SakaCO...mgoao Cnp
) 914 w 20.090 a o-oo WeldCommit rA
'or record the day of A.D. at o'clock M. RECORDER^
O^� a w. Dy DEPUTY.
t-� SPECIAL WARRANTY DEED
State Documentary Fee
THIS DEED. Made on this day of fuee21.TOOT , between
GEORGE R.NORDEN LIVING TRUST Date -3 -O?
$ Ere-pf (pre
Mow level address le:
Brantar(e),
end
MINERAL RESOLVES.INC.A COLORADO CORPORATION
ohoae legal address is; 1400W.64TH AVENUE.DENVER.co ROM
of the ersatee(e)t -
WITNESS, That the Grunter, far ad in cwsidorarion of the cum offa
DOLLARS
the receipt rd stiff felonry of Mich Is hereby stbwvledpea, o granted,bargained, sold end conveyed, end by these
promote does graft, bargain, toll, covey and ernftre trite the 6ronmoee), their heirs and assigns forever, e11 the
ml property, together lath Improvements, if any, ciliate, lying and being in the County of
WRIT and State of Colarab, described os toilet,,:
SEB Extant-It'A'ATTACHED HERETO AND MADE A PART HRREOP
oleo known as arrest rsaber 11520 WEIR COUNTY ROAD II,PT LUPION•
TOGETHER with all end singular end hereditament* and appurtenance* therewto belonging, or In enyalee epportelning sand the reversion end reversions, reminder and remainders, rents, Iseues end profits thereof; and ell the estate, right
title I , clair and dcne d whatsoever of the°renter(el, either In low or equity, of, in end to the above bergelnd prestos, with the hereditament, end appurtenances;
SEE EXHIBrrc
TO RAVE ANDTO HOLD the said premise* above bergoined end Ascribed with oppeutonencea, into the 6rontoete),
their heirs, euccdeeen sod*mime forever. The 6rentor, for itself, Its eucceesore and insigne, does cowmen,
end agree that I. shell and Mil VARIANT AW foREvER DEPEND the above-bergslned praises In the motet end
potssable poseossfon of the 6romeo(e), their heirs, successors and amigos,
claim{ the whole or against oil and every person or persons
rig TAXES pert thereof, T through or under 2001 the D .
EXCEPT GENERAL AND ASSESSMENTS A PA NTH ERE THE IF FAR AND OTE YEARS;P.XCHTIONS AS LLSICD ON
EXHIBIT'V ATTACHED AND MADE A PART HEREOF AS FULLY SET POWER HEREIN
INWITNESS WHEREOF the 6rentorte) have 'mewed this deed on the dote cot forth obovo-
CLI •.� GEORGE R.M)RDENLIVINdtRUSt
_ COUNT ERSIf.NED
[ I'n>•�' -• rh (:ppRGE N.NORD[.N,TRUSI eP
ere.
county of\,jjQ)
It. foregoing Inetngat we sokrovldged{afore ee on la day of luie21.2(DI
by ("eager O, MI Mtn,TrµStee. -}Dr-thee I,corr e I'. NLCl(CV' u-i ul,AG -i •
My commission expire. \\
uitnase my hem end off is lsl seal.
Rtuc\\KS\- 30),9C,OA14 Mobry?obi Ic
Escrma AC21059 Men Recorded Return to: MINERAL RESERVES, INC., A CDtWADo
Titles 1C206113-A CORPORATION
icon R, 6MTN herald, DEINER, CO 8022/form We. COo1.91D
,, , d v r .c- a. .. t ..,u r
120/6TO-a 69991 SONISOID 1040D 011 I) 80 I00Z,6I'Nftr
11111111111111118 IIa 11111111 11111►n 1111111N111
Z 8� n.o2863092 07/05/2001 D W Id JA
tnkamoro
co
EXHIBIT A
THE N 1/2 OF THE NE 1/4 OF SECTION 24, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE
6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS:
BEGINNING AI THE NE CORNER OF SAID SECTION 24, THENCE S 00 DEGREES 25' 10" N,
ALONG THE EAST LINE OF THE N 1/2 OF THE NE 1/4 OF SAID SECTION 24, 1310.16 FEET
TO THE SE CORNER OF THE N 1/2 OF THE NE 1/4 OF SAID SECTION 24; THENCE S 89
DEGREES 45' 34" W. ALONG THE SOUTH LINE OF THEN 1/2 OF THE NE 1/4 OF SAID
SECTION 24, 2637.68 FEET TO THE SW CORNER OF THE N 1/2 OF THE NE 1/4 OF SAID
SECTION 24; THENCE N 00 DEGREES 12' 27' E. ALONG THE WEST LINE OF THE N 1/2 OF
THE NE 1/4 OF SAID SECTION 24. 1309.10 FEET TO THE NW CORNER OF THE N 1/2 OF
THE NE 1/4 OF SAID SECTION 24, THENCE N 89 DEGREES 44' I5' E, ALONG THE NORTH
LINE OF THE N 1/2 OF THE NE 1/4 OF SAID SECTION 24, 2642.54 FEET TO THE POINT
OF BEGINNING.
;r206183-A -
1281111101121111111111:01,111
11111 IN 1111111N 1111
3 01 4 R 20.00 D 0.00 eld tbeery
�. QQ
EXHIBIT'J Our Order No. FC206183-5
RIGHT OF WAY FOR COUNTY ROADS 30 FEET ON EITHER SIDE OF SECTION AND
TOWNSHIP LINES.AS ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS
FOR WELD COUNTY,RECORDED OCTOBER 14, 1889 IN BOOK 86 AT PAGE 273.
RIGHT OF WAY EASEMENT AS GRANTED TO FOR DITCH IN INSTRUMENT RECORDED
May 14. 1918, IN BOOK 513 AT PAGE 205.
ALL OIL.GAS,MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN
INSTRUMENT RECORDED February 02, 1949,IN BOOK 1241 AT PAGE 331.
OIL AND GAS LEASE RECORDED Mardi 31. 1970 UNDER RECEPTION NO. 1544589
IN BOOK 623 AND ANY AND ALL ASSIGNMENTS THEREOF.OR INTEREST
THEREIN.
TERMS.CONDITIONS AND PROVISIONS OF DECLARATION RECORDED January 08.
1982 AT RECEPTION NO. 1879465 IN BOOK 958.
RIGHT OF WAY EASEMENT AS GRANTED TO AMOCO PRODUCTION CO IN INSTRUMENT
RECORDED May 20, 1973. UNDER RECEPTION NO. 1625129 IN BOOK 703.
RIGHT OF WAY EASEMENT AS GRANTED TO PANHANDLE EASTERN PIPE LINE CO IN
INSTRUMENT RECORDED November 04. 1983. UNDER RECEPTION NO. 1946063
IN BOOK 1012.
MATTERS AS SET FORTH ON SURVEY BY ROBERT M SAYERS DATED MAY 5.
2001,INCLUDING BUT NOT LIMITED TO. FENCES NOT ON PROPERTY LINES.
EASEMENT FOR TELEPHONE LINES, EASEMENT FOR IRRIGATION DITCHES.
I 1 1011 quaMINI Mil 11111111111 Mil 111HMI 110till
- 2863092 07/05/2001 11.O1A JA Sem Tsukamoto
- 4 of f R 20.00 0 0.00 Weld Cou CO -
EXHIBIT C
Water. At Closing, Seller will convey to Buyer all seater rights appurtenant to or used
in connection with the Property, together with all well permits for all wells on the Property,
including without limitation Permit No 12368?;and including but not limited to; all ditch rights,
headgates, and measuring devices; well and well rights, including permits with pumps, pipelines
and measuring devices; all tributary, non-tributary or not-nontributary (as defined in CRS 37-90-
103 (103)) groundwater underlying the Property, whether adjudicated or not, whether/permitted
or not; reservoirs, ponds and lakes, and reservoir, pond and lake rights, including any and al!
ditches or diversion structures diverting water therein; spring and spring rights, including
structures, measuring devices and well permits; stock-water ponds and permits therefo;; shares of
stock in any ditch or reservoir company and leases and any other rights of use of any ditch, well
and/or reservoir water rights for water used upon or appurtenant to the Property; it being
specifically intended that all water rights, structures, permits, shares of stock in ditch and
reservoir companies and easements and structures appurtenant to the Propcny will be transferred
with the Property without reservation by Seller.
Minerals and other Rights. The Property expressly includes all minerals and mineral
rights, sand and gravel and sand and gravel rights, oil and gas and oil and pas rights owned by
Seller, all rights-of-way, easements, improvements, structures, fixtures and all other property
rights appurtenant thereto and/or owned or used by Seller in connection therewith, and any right,
title and interest in and to any adjoining or adjacent streets, roads, or rights-of-way, all vacated
alleys, streets and roads, strips and gores of land adjoining the Property described in the
Contract; provided, however, that Seller shall be entitled to retain the right to all royalty
payments paid after Closing under all oil and gas leases presently encumbering the Property for
so long as such leases remain in effect. This right to payment shall be effected by Buyer
assigning such rights to payment to Seller at Closing in exchange for Seller's conveyance of the
minerals and assignment of the lease(s)
Lafarge West, Inc. Warranty Deed
Phase 3
Ft Lupton Pa
DMG 112 Parma
Page 64 of81
I11101cots1111� tII1512004 iini1iuini rmi IIImI •
1 M 1 R 6 00 D 15255 Steve Moreno CIer11 b Recorder
WARRANTY DEED •
THIS DEED. Made this 12th day of July , 2004,
begotten Robert David Anderson and Ronald Dean Anderson
and Richard Dale Anderson
of the County of Weld amt State of Colorado _
grantor.and Lafarge West, Inc., a Delaware corporation
whose legal aldresiis P.O. Box 21588, Denver, CO 80221-0558
of the County of Weld atdStale of Colorado .gaoler:
WI1 NES.SETII.That the grantor,for and in consideration of the sum of
the receipt and sufficiency of which is hereby acknowledged,has granted.levpined,sold and conveyed,and by these presents
does pant.hugain sell,convey and confirm.unto the minter.his heirs and assigns forever,all the real property together with
improvements.if any.situate,lying and being in the County of Weld ,and State of Colorado,
described as follows:
The West 1/2 of the Southwest 1/4 of Section 18, Township 1 North, Range 66
West of the 6th P.H.,
County of Weld, State of Colorado
** Ronald Dean Anderson reserves all gas/oil or hydrocarbons and associated
rights of way. LaFarge (Grantee) receives all sand and gravel rights.
also known by street and number as 12237 Weld County Road 8, Ft. Lupton, CO 80621
TOGETHER with all and sineuhr the Iteredi6 menus and apptnenances(hereunto belonging or in anywise appertaining.and
the reversion and reversions_remainder and rexntinden,rents.issues and profits thereof_and all the estate-right tide interest
claim and demand whatsoever of the grmtor, either in law or equity. ol,N and to the above bargained premises, with the
heredtursnts anti appurtenances.
TO HAVE AND 70 1101_1)the said premises above bargained and described.with the appurtenances_unto the cranky.his
heirs auul assigns forever. And the glamor.for himself,his heirs and persored representatives.does covenant.grant.Aagain and
agate to and with the grantee,his heirs and assigns.that al the time of the ensealing.and delivery of these presents.he is well
seined of the premises above conveyed, has good. sure. perfect, absolute and indefeasible estate of inheritance- in law, in
fee simple,and has rood right full graver and lawful authority to grant hareairt sell and convey the same in manner and form
as aforesaid.and that the same arc free and clear from all former and other grants.bargains,sales,liens.taxes.assessments,
encutnbrances and restrictions of whatever kind or nature sower.except for taxes for the current year,a lien but not yet due
and parable,and those specific Exceptions described by reference to recorded documents as re-Ike-led in the Title
Documents accepted by Buyer in accordance with.section 8a[Title Reviewl,of the contrail dated
April 28, 2004 ,between the parties., and the following matters:"
The pastor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quid and peaceable posses-
sum of the grantee his heirs and ac igm.against all and every person or persons lawfully claiming the whole or any part thereof.
The singular number shall include the plural.the plural the singular,and the use of any render shall he applicable to all venders_
I WITNESS WI IE F. ma'am has executed this deed on the date set forth drove.
QL
obey David Ande/� ��on �� Ronald Dean Andre rso
G✓ders Cca'frl42���
chard Dale Anderson
STATE OF COLORADO
ss.
COUNTY OF BOULDER
Thelorrgoine instrmentI:as acknowledged be fort me this 12th day of July 2004 by
Robert David Anderson and Ronald Dean Anderson and Richard Dale Anderson
My Crnrmissiom tapires. March 27. 2007 W affirm hand and officed scat t/ `(
BEVERLY GRIESSE Beverly Griesse PoWx
NOTARY PJDLJC _
w.ae ANT v nrrntr rssTAJIE d1R-€oL•E/AADO lilt. Oilul}SAm
My Cemnissien(spires 317717010
This page was updated in conjunction with the USR Application. June 23, 2005
Steven S. McWilliams Warranty Deed and Gravel Property Lease
Phase 4
Ft Lupton Pit
DUG/!2 Permit
Page 67 of 85
- - B 1213 R£C 02159442 10/24/88 11:50 $3.00 1/001
^-s F 1652 MARY ANN FEDERSiEIN CLERK & RECORDER 'YIELD CO, CO AR2159442
l
'LC, WARRANTY DEED - I -'1
•
THIS DEED.Made this 21st dry of October .0980 s
.
-- between Esther M. Ocher aka Esther Ocher I
.
'tl State�D/ocuT.Tren-t/ory lee j
Dote%rL'gln2
of the $ //. SD ,
r t ' County of Weld ,Starr of Colorado.grwtotsl and ' t, .,
.
,I 01
Steven S. McWilliams IIa
• whose legal address is 12236 YLR 9. Fort Lupton 4i z "f5"y
re FT
!I y a
r
r�_ . of the Coonry of Weld _State of Colorado.ganoec(s): II ' d
1VITNESSI H,That the g a...ads).foe and in coosidoasion ortne sum of ,
L if the receipt and sufficiency of whack ahethy acknovkdged.has granted,bargained,sold and coon-rd.and by Crew
Y guavas does gam. I "{{.i
S bargam.sell cog-:Y and confirm.onto the granietio. his heirs and assigns forever.an the real property-angether with impne ennems r i
f > ate yrnq and being nn the County of Weld .Stye of Colorado. 4T,
' a�
3. described lama: All that part of the NW I/4 of Section 19. Township I North, Range 60 West of the I a
'; 6th PA__ m ich Ises beat of the center lint of the South Platte River, EXCEPT AND RESERVING unto II
6( the Grantor, 5er heirs and/or assigns an undivided 1/2 interest an and to all royalties paid under ii i.
Jt the s ing oil and gas lease recorded in Book 650, Reception 1192160 and extended by off'davit ! a J
I of production recorded in Book 725, Reception # 1641350, Veld County Records, on all existing oil
�- g . d gas wells and any wells. that may be developed and produced in the future until October 17, 1998 ! A Sirs
+;i N ' ' r-C- at which tine this res cation shall revert to the owners in title, at that time, o: the said part
k' %/16„L2? Met of said Section I9 li -f f-e.t
t
x'45 also known byatte:and number as 12236 WCR 8, Fort Lupton, CO 80621 y r 3jp
t.
TOCETH R wok an and -opulr the hereditamem-a a d appunenances Matto belonging.or manywise appertaining,and the mersion end 4.t a
i'
,a o -d< _ s and plans ed pre and It the e se.ha Fn I and d-nwd whaisu cs of:h ,4.
AS c -i . M1 Equity r d t n. be' Farg:rocd premises. h the h d pp•:
I - Oi . VF AND TOH0L0I -I promises ahembar dadd described with Me !' a
P F t ep - .. the aisr. his n and ' t.
LI o:ma And;he ynnudsl Cor herself ether bears and pusonal representatives bargain.and !i ,Ykf_r i
ay agree d -h M 1I his heirs and ass i N De 11111C of tecusc,Ing-nd delivery these presents.covenant.she is well i Y R
y5 sealed of the renose,damey ha s good SLIM.per absolute and irwef':tile esur<of inhenianee an law let sonote.and !I
• h2 good h ft d M parer and rtos -h g need convey me sme in manner and tool mon:sid and d the free
and rtes Lon aR 1 o and orhe g 6 6 ins_vk I raze. as ssncros encumbrances_and ee nctiwsoe whatever hand or nature server, '' t 1$3
}; ; n<e'0 reservations, Rights of Way, and easeoents of record and/or visually evident SUBJECT 10 It a'
oil and gas lease recorded July 26, lull_ Book 650, Reception #1572160 and extended 5y affidavit
04 o: production, recording in Book 725, Reception #1647350; ALSO ESCEPI AND SUBJECT IO general taxes - <
y ,.
for 1988 which the Gran;ce herein assumes and agrees to pay when due. L e
J t'
s; ffa.+J ."_.
Tnu gun ton l snail and will WARRANT AND FOOLV:FDEFEND iM above berg :real pimp's,m the poet and reattah u issann art the - s#�'
-va(CI. bas rodherod assigns,against all ardmeryffaon rat pusonslawrull I ntuc ahy<on any partthetwf �I .*'8T
rY t ID'A 1TNFSSWHrR TOT the gnmun lvi ha s d dos deed en the dam sit forth about. !I
'S t .her M. Deter 'a
3.kc l Esther Ocher _}_
I'
4 gailf
iI y4 a_
1 STATE 01 COLORADO l s `eS 'J
. C- - Jj x .
Canny Weld
{-'
,^j The forgivably 1pmpp -,n x4mmwlcdyed M1clac me dos 21 dry of October -I9 80 _ 1.
II Ic. Est7WlY ItlicIs r aka Esther Ocher I
ti 'i iti'l t on Iry sN Witness my nand and of finial seal.
stir ` i.rs J ii
My Commission expires OAt76a 24.159/ I' "` 9: t
1030 Fultn AMMOz' "`._
I ueDF o<CGi n crry and- FtI Irate.Coloraod 806:'1 �; .±1...,..;
v
es -. _.
G ;i \ 92.R..,_Y-r v
-. •.ORan .v of TD net Pr.rcn.p•;e Rome. aNb Y a P. nh ss ea.sa W.6T a ro...Tatoom0_ r n....).,,00 Seer ,1
0,
FINAL
STEVEN S. McWILLIAMS
GRAVEL PROPERTY LEASE WITH RIGHT OF FIRST REFUSAL
THIS INDENTURE,dated this J 5T day of Jftwpcs e y /99, [insert date of Lessor's
receipt of Company's notice of exercise of Option],(hereinafter referred to as the"Lease"), by and
between Steven S. McWilliams, with his address being 12236 Weld County Road #8, Fort Lupton,
Colorado 80621 (hereinafter referred to as "Lessor") and Mobile Premix Concrete, Inc., a Colorado
corporation (hereinafter referred to as the"Company"),with its address at 1400 West 64th Avenue,
Denver,Colorado 80221.
WITNESSETH
In consideration of the sum of paid by the
Company to Lessor ( �
previously paid for the Option to Lease Gravel
Property ("Option") under which this Lease is taken), the receipt and sufficiency of which is hereby
acknowledged by Lessor,which sum shall satisfy the advance minimum royalty requirement identified
in Paragraph 4 with respect to the period from the commencement date hereof to the end of the first
year of the term of this Lease, and on and subject to the terms and conditions provided in this Lease,
Lessor hereby leases, lets and demises to the Company the Materials as defined herein,in, on and
under the real property situate in Weld County and described in Exhibit A attached hereto and made
a part of this Lease (hereinafter referred to as the"Property"), and the exclusive right to sample, drill,
and test for,develop, mine, quarry,extract, process,sell, use and remove them during the Initial Term
(as defined in Paragraph 2 below) of this Lease, along with the right during the Initial Term and
Successive Terms (as defined in Paragraph 2 below) to locate and operate with associated use •
easements,as provided in Paragraph 5 below. In no event shall all or any part of the Property be used
as or for a landfill.
TOGETHER WITH the right to use and exercise the water and water rights appurtenant to the
Property that belong to Lessor ("Water Rights")to the extent appropriate for the extraction, removal
and processing of the Materials, as well as for revegetation and reclamation, and including exposure
of alluvial waters to evaporation.
1. Definitions.
•
A Commercially Economic Materials shall mean all Materials that are removed
from the Property and all Materials that can be sold at a profit The determination of whether Materials
can be sold at a profit shall be determined by Company in its sole and exclusive discretion.
SLY203M )1
FINAL
Mobile Premix Concrete, Inc.
Mn: Land Department
1400 West 64th Avenue
P.O. Box 21588
Denver, Colorado 80221
Steven S. McWilliams
12236 Weld County Road#8
Fort Lupton,Colorado 80621
2t Entire Agreement. This Lease contains the entire agreement between the parties
hereto,and neither it nor any pad of it may be changed, altered, modified,or limited orally or by any
agreement between the parties unless such agreement be expressed in writing, signed, and
acknowledged by the Lessor and the Company, or their respective heirs, personal representatives,
successors and assigns.
IN WITNESS WHEREOF, this Gravel Property Lease with Right of First Refusal has been duly
executed as of the date first above written.
MOBILE PREMIX CONCRETE, INC. STEVEN S. McWILLIAMS
•
By i d /.4- GEC )! f l/i
Position: Get mQ
.
SLS90r0 31
FINAL
EXHIBIT A
PROPERTY
All that part of the NW 114 of Section 19,Township 1 North, Range 66 West of the 6th P.M.which lies
west of the center line of the South Platte River,Weld County, Colorado,
EXCEPT:
A parcel of land located in the NW 1/4 of Section 19, Township 1 North, Range 66 West of the 6th
Principal Meridian, Weld County, Colorado,more particularly described as follows:
Commencing at the northwest corner of said Section 19, thence S 00111'42'W, along the west line
of said NW 1/4, a distance of 30.00 feet; thence N 90100'00" E, along a line 30.00 feet south of and
parallel with the north line of said NW 1/4, a distance of 747.67 feet to the Point of Beginning of said
excepted parcel;
1) Thence continuing along said parallel line, N 90100'00" E, a distance of 882.35 feet to the
centerline of the main channel of the South Platte River (1997) and continuing along said
centerline the following 5(five)courses;
2) Thence S 221121'23"W, a distance of 119.58 feet;
3) Thence S 33119'22"W, a distance of 67.31 feet;
4) Thence S 43051'39"W, a distance of 182.10 feet;
5) Thence S 46141'03"W, a distance of 182.88 feet;
6) Thence S 35051'46"W, a distance of 4.35 feet;
7) Thence departing said centerline, N 90100'00"W, a distance of 542-31 feet;
8) Thence NI 00033'48" E, a distance of 427-13 feet to the Point of Beginning of said excepted
parcel, containing 7.273 acres, more or less.
This pare was updated in conjunction with the USR Application. June 23, 2005
Chikuma Family, LLC.Bargain and Sale Deed and Gravel Property Lease
Phase 5
Ft.Lupton Pit
(MG//2 Permit
Page 68 of 85
2%141$ 05/15/0112 ttSP Weld Coney Co
1 e( 1 A 5.00 D 0.00 JA."sew Tzekaeolo
BARGAIN AND SALE DEED
MIS DEED IS MADE TOCORRECTC IheaARGAld AND SALE DEED previously executed by Mary
K.Chicmnu,and thereafter recorded on December 27,2001 in the records of Weld County,Colorado at
Reception N 2912395.
THIS DEED,made April 30,2002,between MARY K. CHBCUMA,of Weld County,State of
Colorado,grantor,and theCHBCUMA FAMILY L.L.C.,a Colorado limited liability company,whose legal
address is 3550 Weld County Road,Ft Lupton,Colorado.80621,grantee,
and other valuable consideration,the receipt and sufficiency of which
is acknowledged.grantor sells and conveys unto the grantee,its successors and assigns,forever,all the
right,tide,interest,claim and demand which the grantor has in and to the real property,together with
improvements,Wary,in the County of Weld and State of Colorado,described as follows-
The N'h of Section 13,Township I North,Range 67 West of the 6th PM,and
the W'/a of the NW I/4 of Section I8,Township I North,Range 66 West of die 6°'P.M.,
Weld County,Colorado.
Except rights of way as conveyed by Deeds recorded in Book I5,Page 81,and
Book 287,Page 208,Weld County Records.
Except reservations as contained in Patent recorded in Book 20,Page 357,Weld
County Records
Except rights of way for pipe lines as conveyed by instruments Recorded in Book
691 as Reception No. 1613042, Book 693 as Reception No. 1614812, Book 698 as
Reception No. 1620035,Book 703 as Reception No. 1624605,Book 724 as Reception
No. 1645678 and Book 753 as Reception No. 1674640,Weld County Records.
All water rights, including 2.60 shares of The New Brantner Extension Ditch
Company and 2.35 shares of The Brighton Ditch Company.
All mineral rights,excepting oil.gas and associated liquid hydrocarbons.
TO HAVE AND TO HOLD together with any and all appurtenances and privileges,and all the
estate,right,title,interest and claim whatsoever,of the grantor,either in law or equity,to the only proper
use and benefit of the grantee,its successors and assigns forever.
The grantor has executed this deed on the date set forth above.
ran, k :
MART/K.CHIKUMA
STATE OF COLORADO
fss
CITY AND COUNTY OF DENVER
The foregoing instrument was acknowledged before me on April 30, 2002 by MARY IC
CIIICUMA.
Witness my hand and official seal_
My commission expires: 1'y'einlissim Ernes 1211612W3 I . Jit/
C,--mei t many Public �t�l
o": At*
JJ p 120 Lincoln Street,Suite 1100
-11sZ I g Denver,Colorado 80203
•
0�
SATE O�'
•
; I intli
2012370 121174101 03:7* JA add rahroto
7 of I O.00 0 0.00 Weld County CO - -
BARGAIN AND SALE DEED
THIS DEED,madeLn- ,2 4. .2001,between
MARY IC CHIKUMA,of Weld County.State of Colorado.
grantor,and the CHIKUMA FAMILY L.L.C.,a Colorado limited
Lability company.whose legal address is 3550 Weld County Road.
Ft.Lupton.Colorado.80621,grantee, .
sea and other valuable consideration.
the receipt and sufficiency of which is acknowledged, grantor sells and conveys unto die grantee, its
successors and assigns,forever,all the right,tide,interest,claim and demand which the grantor has in
and to the real property,together with improvements,if any,in the County of Weld and State of Colorado,
described as follows:
The N IA of Section 13,Township I North.Range 67 West of the 6th P.M.,and
the W Yr of the NW 1/4 of Section 18.Township I North,Range 66 West of the 6'P.M.,
Weld County,Colorado;subsequent to May 21. 1971,at 7:45 o'clock A.M.
Except rights of way as conveyed by Deeds recorded in Book I5 Page 81,and
Book 287,Page 208,Weld County Records.
Except reservations as contained in Patent recorded in Book 20. Page 357,Weld
County Records.
Except rights of way for pipe lines as conveyed by instruments Recorded in Book
691 as Reception No. 1613042, Book 693 as Reception No. 1614812. Book 698 as
Reception No. 1620035, Book 703 as Reception No. 1624605, Book 724 as Reception
No. 1645678 and Book 753 as Reception No- 1674640.Weld County Records.
All water rights. including 2.60 shares of Tice New Braniner Extension Ditch
Company and 2.35 shares of The Brighton Ditch Company.
All mineral rights,excepting oil,gas and associated liquid hydrocarbons.
TO HAVE AND TO HOLD together with any and all appurtenances and privileges,and all the
estate,right,title,interest and claim whatsoever,of the grantor,either in law or equity,to the only proper
use and benefit of the grantee, its successors and assigns forever.
The grantor has executed this deed on the date set forth above. + '
2x tr'
MA .CHIKUMA
STATE OF COLORADO
)ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me on/,mot' ,�/ ti ,2001 by MARY
K.CHIKUMA.
Witness my hand and official seal.
My commission expires: / _tss i
OL A'VO
- Notary Public
Address: !n(ISJ - -
,o,, ••• F
337 . -
-
DAII StCtfrn•(D Sr flirt 4rCalreaa
STATE OF COLORADO
CERTIFICATE OF DEATH
238-684 M,.rsICI4F•OR toao,ft PI
-Stoat Fa(Fivnt•
bft I YMI• atif .,•- we.. •.M 'L• Dwtl of Ofal...-...rm. .u•-
• HARRY SATOSHI _ _ CHIKUMA , Male .Decem_ber 2, .1985_
Yellow :Japanese_ _- _ 73 j._ G l• .71... s 5, 1912 Weld _
un } .,vW✓.:aTn..w M un -1MW.,p0.0"4 a,IV4oM-.........-«—....---_ _-f ... _
o Ft. Lupton •• 3550 Weld County Road 123 I-.- -
A • :w.noc
� ra-:vc•..M- 7rn.>1.iv ie:d erkr.ii.,u i:il niv/n.n.0.40. Lnprvw6Yf%KE-.--�..-�...- __--•'_/u n:�iq=.i.-iv.?:..v-
w a.av04.M..4-a. I Y.Yo K-a':S-
t: Colorado )- U.S.A. ;., Harried - -
` •• Mary KjL.oml N₹shikaw v>..,•u......•aa.Inw - -rm,.a omeum.r_.-..•�....- 3._L__I'!o_ _.__-..__.
�_
—•-.1t..aM f•//4(S.IM I.IMSr4.
__522-48-44759 _ _Farmer
•.:-;•.a SI••• coca:•. --- •— Agriculture _ __
-I C,fV .--0,...0.tor. l,r fIi(fl.<MO MlYm4 1v.4l.I t.
.. Colorado i,.. Weld ••-^--
- Ft. Lupton 80621 .,.7550 Weld County Rd. 12J, L. No
Gotaro Chikuma Yoshi Hacsunaga
•artWw.r_...ut ` .--- .,.,-a... .004SinnG.00wf f.a M.a l as C..rn.11... v...v...la Mary Kiyomi Chikuma wife .3550 Weld Co. Rd.123 Ft. Lupton CO 80621
z FM,.. ca(sa:.W.n(u4VK raft-,....a.- .... Graf 40111 Oa MIn.IOa r_a.a we O t-.•.. c".€”"'"" waft
B ial raft
». Elmwood Cemetery Brighton Colorado
• •• (et k 1M.vf A110A00.ESS OF 90We.I•.O.•F ..,n•0...0•q r... nag ,..
5 .. hn R. Lee .61.17 ICristtsHighlandMortuarv,300E. 104thAve.,Dehver,C08023;
,••M,S•C•.M (�� n.001.ON(•-
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:,John H. Hiner, M.D. 1929 Egberc Bri h
14CC.S1.AA Pj„on, Colorado
ire* .t......... ."- f."..? m I . nen tfnrin Deputy December 6 1985
1. .it Malta Int• C.VS(Ha tw F04W-on,...klI
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�" (YT // E I: . scan.1:141i'lin+C-10,u vt••"!..Vak,Of Da 11.+4.+1»0...s:wa0. _-- — l—
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•
I HEREBY CERTIFY THIS DOCUMENT IS A TRUE AND CORRECT COPY OF THE RECORD IN MY
CUSTODY AS REQUIRED BY LAW.
Witness My n and Seal
NOT VALID WITHOUT This day of Decemb r • 1985
LOCAL REGISTRAP.•S .
SEAL - Q Deputy
AL REG RAR OF VITAI 'TATISTICS
Ralph R. Wooley, MO, MPH Registration strict Numbe 238
Medical Director Greeley , Colorado
WELD COUNTY
DEPARTMENT OF HEALTHPENALTY BY LAW if any person alters, uses, attempts
to use, or furnishes to another for deceptive use
any vital statistics certificate.
UIm MI MINI III JIM MI Mil II III III II
2928337 02/26/2002 04:15P JA Said Tsukamoto
1 o1 2 8 10.00 D 0.00 Weld County CO
EXHIBIT"A"
HARRY CHIKUMA, AKA HARRY SATOSHI CHIKUMA
DOCUMENTS TO BE RECORDED:
CERTIFICATE OF DEATH
RECORD TO THE LEGAL DESCRIPTION LISTED BELOW:
TOWNSHIP 1 NORTH, RANGE 66 WEST
SECTION 18: LOT 1 (W/2NW/4)
TOWNSHIP 1 NORTH, RANGE 67 WEST
SEC. 13: N/2
WELD COUNTY, COLORADO
IHI Ni81 ill mi mI{IINII m 1111 IIII I
2920397 02/26/2002 04:18P JA Sold Tsukainoto
2 of 2 11 10.00 D 0.00 Wald County CO
FJL 2/18/02
GRAVEL PROPERTY LEASE WITH RIGHT OF FIRST REFUSAL
THIS INDENTURE,dated this f, , . day of 2002(hereinafter referred to as
this "Lease"), by and between the CHIKUMA FAMIL , L.L.C., a Colorado limited liability
company, Taxpayer 1.11 No. 84-1567524, whose address is 3550 Weld County Road 23, Fort
Lupton, Colorado 80621 (hereinafter referred to as"Lessor")and MINERAL RESERVES, INC._ a
Colorado corporation (hereinafter referred to as the"Company"), with its address at 1400 West 64th
Avenue, Denver, Colorado 80221, Attention: Division Land Manager_
WITNESSETH
In consideration of the s t
allinno or on behalf of Lessor, the receipt and sufficiency of which is
hereby acknowledged by Lessor, and on and subject to the terms and conditions provided in this
Lease, Lessor hereby leases, lets and demises to the Company the Materials as defined herein, in. on
and under the real property situate in Weld County and described in Exhibit A attached hereto and
made a part of this Lease(hereinafter referred to as the"Property"), and the exclusive right to sample,
drill,and test for, develop, mine, quarry, extract, process, sell, use and remove them during the Term
of this Lease, along with the right to locate and operate and /or sublease aggregate_ asphalt and
concrete plants and with associated easements as provided herein.
1. Definitions.
A_ Lease Year shall mean a period of one year beginning on the date which the Lease is
executed by Lessor or on any annual anniversary thereof
B. Materials shall mean stone, sand and gravel and any overburden and valuable solid
minerals, other than hydrocarbon minerals such as coal, oil, gas and associated liquid hydrocarbons,
that are removed incident to sand and gravel operations hereunder and which are saleable and
recoverable from the Property in the course of such operations.
C. Plant shall mean a facility for processing, storing, washing, sorting, handling loading
and shipping of Materials, along with ancillary facilities, and shall also mean a concrete or asphalt
batch plant.
2. Term. The Term of this Lease shall be an initial period of thirty (30) years
commencing on the 1st day of May, 2002, and ending on the 30th day of April, 2032 ("Term-)
Provided the Company is conducting commercial mining operations at the end of the initial Term the
Company may obtain an extension of the Term for so long after the end of the initial Term as
commercial mining operations continue on the Property by written notice to Lessor prior to the end
of the initial Term. Commercial mining operations shall be deemed to continue on the Property
during such extended term unless there is a total cessation in extraction or processing operations of
Materials from the Property for a period in excess of one year. The period of any extension of the
initial Term pursuant hereto shall likewise be considered to be within the Term of this Lease.
agreement between the parties unless such agreement be expressed in writing, signed, and
acknowledged by the Lessor and the Company, or their respective heirs. personal representatives,
successors and assigns.
28. Counterparts. This Lease may be executed in one or more counterparts_each of which
shall be deemed an original and all of which together shall constitute one and the same Lease
IN WITNESS WHEREOF,this Gravel Property Lease with Option to Purchase has been duly
executed as of the date first above written.
LESSOR:
CHIKUMA FAMILY, L.L.C.
By: n7.G.r� . G'r r�� net 1 i
MarjC. Chikuma. Manager
LESSEE(THE COMPANY):
MINERAL RESERVES, INC.
By:
✓s�� /� Title)
- 13 -
EXHIBIT A
PROPERTY
The N'/ of Section 13, Township t North, Range 67 West of the 6th
P.M., and the W'/ of the NW'/. of Section 18, Township I North.
Range 66 West of the 6th P.M., Weld County, Colorado.
B-1
chstum,Lcisc FINAL.a«
This page was updated in conjunction with the USR Application. June 23, 2005
City of Thornton Special Warranty Deed and Partial Assignment and Consent
Agreement
Phase 6
Ft Lupton Pit
OMG 112 Permit
Page 69 of 85
•
In ;' I� jiui tNIaIINlI
1SIbf/200 o: 8A JA County CO ksmoto
180 R 26 a
SPECIAL WARRANTY DEED
THIS DEED,made this -,r u"� t'day of November, 2000, between D&S MINING, INC.,
of the County of Weld, State of Colorado,grantor and the CITY OF THORNTON, a Colorado
municipal corporation, of the County of Adams, State of Colorado whose address is 9500 Civic
Center Drive,Thornton,CO 80229,grantee:
WITNESSETH That the grantor, for and in consideration of the sum of
the receipt and sufficiency of which is hereby acknowledged,
has granted, bargained, sold and conveyed, and by these presents,does grant, bargain, sell,
convey and confirm, unto the grantee,and its successors and assigns,forever, all the real
property,together with improvements, if any, situate, lying and being In the County of Weld,
State of Colorado,described as follows:
The West Y:of the Southwest Ys of Section 7,Township 1 North, Range 66 West, 61° Principal
Meridian, and
The East Ys of the Southeast Y4 of Section 12,Township 1 North, Range 67 West,6'" Principal
Meridian
SUBJECT TO:
a. Oil and Gas Lease recorded December 1, 1956 in Book 1376 at Page 250,
between Lena Ackerson and The California Company.
b. Oil and Gas Lease recorded April 22, 1970 in Book 624 at Reception No.
1545940, between Doris Ackerson and T. S. Pace.
c. Right-of-way as granted to The Denver Laramie and Northwestern
Railway Company as set forth In Instrument recorded February 13, 1909 In Book
289 at Page 539.
d. Right-of-way set forth in instrument recorded December 28, 1920 In
Book 628 at Page 254.
a Right-of-way as granted to Colorado Central Power Company set forth In
instrument recorded January 22, 1948 in Book 1229 at Page 448.
f. Right-of-way as granted to the United States of America set forth in
Instrument recorded October 10, 1958 In Book 1431 at Page 574.
g. Right-of-way as granted to Amoco Production Co. as set forth in
Instrument recorded January 11, 1973 in Book 683 at Reception No. 1605178.
Page 1 of 3 r-1"'it)
ti
curb2r"7I
11111111
2810180 12/0112000 118A JA Sold Tsrksmoto
2 of 6 R 25.00 0 0.00 Weld Conti CO
h. Rights-of-way as granted to Colorado Interstate Gas Corp. as set forth in
instruments recorded November 19, 1973 in Book 703 at Reception No.
1625016,and November 17, 1975 in Book 753 at Reception No. 1674723.
i. Right-of-way as granted to Panhandle Eastern Pipeline Co. as set forth in
instrument recorded December 2, 1975 in Book 754 at Reception No. 1675875.
J. Right-of-way as granted to Mountain States Telephone and Telegraph Co.
as set forth in instrument recorded June 7, 1985 in Book 1072 at Reception No.
2012673.
k. Right-of-way as granted to KN Front Range Gathering Co. as set forth in
instrument recorded August 13, 1993 in Book 1397 at Reception No. 2346144.
I. Right of way for county roads 30 feet wide on either side of section and
township lines,as established by the Board of County Commissioners, Weld
County, recorded October 14, 1889,in Book 86, Page 273.
m. Taxes and assessments for the current year, payable January 1, 2001.
EXCEPTING AND RESERVING THEREFROM:
a. Water and water rights evidenced by shares in the Brighton Ditch owned
by D&S Mining, Inc. which may be appurtenant to the Property,
b. The right to receive, and the obligation to return or refund, rentals and
royalty payments under the existing I eace Agreement dated August 15,
1996 between O&S and Richardson Contracting, Inc. and the
Assignment, Amendment and Consent Agreement dated April 20, 1998
(`Mining Lease' until 12:00 midnight on August 15, 2018.
c. Any and all mineral interests(excluding sand and gravel)currently
owned by D&S Mining, Inc.
d. Any deep bedrock(Senate Bill 5)groundwater. Excluding therefrom any
right the owner of said groundwater may have to enter upon the Prue,_ty
to extract said groundwater.
also known by street and number as: vacant land;
Page 2 of 3
•
,...,'t101e0 12/0112000 11:3G1 JA Saki Tsolamoto
N 6 II MOO DOA Weld Comity CO
TOGETHER with all and singular the hereditaments and appurtenances thereto
belonging,or in anywise appertaining,and the reversion and reversions,remainder and
remainders, rents, Issues, and profits thereof; and all the estate, btle, Interest,claim and
demand whatsoever of the grantor either In law or equity, of,in and to the above bargained
premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with the
appurtenances, unto the grantee Its successors and assigns forever. The grantor for itself and
successors does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND
the above-bargained premises in the quiet and peaceable possession of the grantee, its
successors and assigns, against all and every person or persons claiming the whole or any past
thereof, by through or under the grantor.
IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above.
D&S MINING, INC.
By: ?�[/..Lt iir 4?� f(tom
President
STATE OF COLORADO )
)ss.
cotniY OF
k�Th foregoing instrument was acknowledged before me this % day of
, 2000 by Freda Dreiling, President of D&S Mining, Inc.
W s my hand and official seal.
1
My commission expires: I x °D g
Notary Public)
Address:
Page3of 3
•
H lieumit'ise
of 5 R� 00.00 lCoosry CO °b
COVENANT NOT TO IRRIGATE
(Dry-Up Covenant)
Notice is hereby given that D & S Mining, Inc., Freda Dreiling, Myrna
Slabaszewski and their predecessors in interest have continuously and historically
irrigated certain lands underlying the Brighton Ditch. These lands indude the
following parcel of approximately 168 acres:
The W1 of the SW1/a of Sec. 7,T1N, R66 West of the 6t P.M. and the E'/z of
the SEA of Sec. 12, T1N, R66 West of the 6t P.M., both in Weld County,
Colorado.
D&S Mining,Inc. contemplates conveying the above-described real property
to the City of Thornton and, as part of that transaction, is not conveying the
appurtenant water rights such as the interests in the Brighton Ditch Company shares
which historically irrigated said property.
D & S Mining, Inc., Freda Dreiling and Myma Slabaszewski contemplate the
separate sale and transfer of their interests in the Brighton Ditch Company, and the
purpose of this Covenant is to be able to give assurances that this historic acreage
will never again be irrigated by waters from the Brighton Ditch once the water is
transferred to a new use by an appropriate proceeding in Water Court.
However, nothing herein shall be construed to prevent any future owner of
both the land and Brighton Ditch Company shares from reapplying said water to
irrigation uses on the above described property by appropriate proceeding in Water
Court. Nor shall anything herein be construed to prevent any future owner of the
above described property from utilizing Brighton Ditch Company shares for the
creation and filling of any reservoir developed on the property. Nor shall anything
herein be construed as a release of D & S Mining, Inc., Freda Dreiling and Myrna
Slabaszewski from any obligation they may have to supply Brighton Ditch Company
water to the property under the Lease Agreement dated August 15, 1996 between
D & S and Richardson Contracting, Inc. and the Assignment, Amendment and
Consent Agreement dated April 20, 1998 ("Mining Lease").
, ,jam
201=0‘ I 71
- 111111011111111111111111111111111111111 • .
notes 12/0112800 11:30A u►field TwMaaoto
6 N 6 R 26.00 D 0.00 weld coeaty co
As part of this Covenant Not to Irrigate, which will run with the land, D &S
Mining, Inc., Freda Drell-mg and Myrna Slabaszewski and their respective heirs,
successors and assigns, retain the right to enter upon, locate and maintain
monuments in the field that may be required by the State Engineer or the Division
Engineer in order to enforce this Covenant.
rVc*n 6f2
DONE this 2r day of August, 2000.
D &S Mining, Inc. !1
President Freda Dreiling
.. 1
My Slabaszewsk
PARTIAL ASSIGNMENT AND CONSENT AGREEMENT
This Partial Assignment and Consent Agreement is made and entered into this a day
of November,2000 by and among D&S Mining,Inc.,a Colorado corporation,whose address is
4025 Weld County Road 23,Fort Lupton,Colorado 80621 ("D&5")and the City of Thornton,a
Colorado municipal corporation,whose address is 9500 Civic Center Drive,Thornton,Colorado
80229 ("Thornton").
RECITALS
A. WHEREAS,D& S entered into that certain Lease Agreement dated August 15,
1996 with Richardson Contracting,Inc. for the right to mine gravel on approximately 200 acres
in Weld County, Colorado("Minting 1-"se"):
B_ WHEREAS,that Mining Lease,among other things,was assigned on April 20,
1998 to Mobile PreMix Concrete,Inc. for the right to mine the subject property.
C. WHEREAS,on or about April 20, 1998 the City of Thornton initiated a
condemnation proceeding in Weld County District Court(Case No.98-CV-449)which sought to
acquire the approximate 168-acre parcel in the Southeast Quarter of Section 12,Township I
North,Range 67 West as a water storage facility after the gravel mining had been completed and
subject to the Mining Lease of August 15, 1996.
D. WHEREAS, D& S and Thornton entered into a settlement of that litigation which
included a Purchase Agreement of August 28,2000. That Purchase Agreement was closed on
November 28,2000 and D& S conveyed the approximate 168-acre parcel to Thornton.
E. WHEREAS,as part of the settlement,the said litigation and in accordance with
the Purchase Agreement,Thornton is to take title to the approximate 168-acre parcel,among
other things,subject to the Mining Lease as amended and assigned to Mobile PreMix Concrete,
Inc.
F. WHEREAS,D&S is entitled to receive all rentals and royalty payments
(including the obligation to return or refund any such rentals or royalty payments),but Thornton
desires to assume all other rights or obligations of the Mining Lease for the 168 acres it has
acquired.
G. WHEREAS,this partial assignment does not relate to or affect the approximate
40-acre parcel in the Northeast Quarter of the Northwest Quarter of Section 12,Township 1
North, Range 67 West where an existing sand and gravel pit is located.
Partial Assignment and Consent Agreement
D& S Mining,Inc./City of Thornton
Page 2
AGREEMENT
NOW THEREFORE,in consideration of the covenants and agreements contained herein
and referenced above and other good and valuable consideration,the receipt and adequacy of
which are hereby acknowledged,the parties hereto agree as follows:
1. D&S hereby makes a partial assignment to Thornton of all of its right,tide and
interest in the Inge Agreement of August 15, 1996 as amended on April20, 1998,subject to the
following reservations:
a. This partial assignment relates only to the approximate 168 acres in the Southeast
Quarter of Section 12 and does not relate to the approximate 40-acre parcel in the
Northeast Quarter of the Northwest Quarter of the same Section 12.
b. D& S will continue to receive all rentals and royalty payments under that Lease
Agreement and will continue to have the obligation to return or refund any of said
rentals or royalty payments in accordance with that agreement.
c. D&S shall continue to have the obligation to provide the use of the .45 share of
the Brighton Ditch Company water for the term of the Mining I rase.
2. Thornton accepts this partial assignment on the terms and conditions set forth
above. Thornton acknowledges that the extent or manner of sand and gravel mining operations is
to be determined by Tenant,subject to the terms and condition of the Leases.
Partial Assignment and Consent Agreement
D& S Mining,Inc,/City of Thornton
Page 3
D& S MINING,INC.
By: Dated: /I-a a-OO
Freda Dreiling,Presider
STATE OF COLORADO )
)ss.
COUNTY OI ,n U _ )
SUBSCRIBED AND SWORN to before me by Freda Dreiling thist1hday of
November, 2000. Witness my hand and official seal.
My corunission.emires: rat .O a
(SEAL) '-S Notary Publi A
CITY OF THORNTON-:t
By: Dated: 1 `-!5 f`Lo0d
a ge, anger
ATTEST:
� a 7Ls-
Nancyr'mcCity Clerk
APPROVED AS TO FORM:
Margaret meric
Thornton City Attorney
SPECIAL WARRANTY DEED
THIS DEED, made this W4- I day of November,2000, between D&S MINING,INC.,
of the County of Weld, State of Colorado, grantor and the CITY OF THORNTON,a Colorado
municipal corporation, of the County of Adams, State of Colorado whose address is 9500 Civic
Center Drive,Thornton,CO 80229, grantee:
WITNESSETH,That the grantor, for and in consideration of the
the receipt and sufficiency of which is hereby acknowledged,
has granted, bargained, sold and conveyed, and by these presents,does grant, bargain,sell,
convey and confirm,unto the grantee, and its successors and assigns, forever, all the real
property, together with improvements,if any, situate, lying and being in the County of Weld,
State of Colorado, described as follows:
The West V2 of the Southwest V. of Section 7,Township 1 North, Range 66 West, 6th Principal
Meridian, and
The East V2 of the Southeast 1/. of Section 12,Township 1 North, Range 67 West, 6th Prindpal
Meridian
SUBJECT TO:
a. Oil and Gas Lease recorded December 1, 1956 in Book 1376 at Page 250,
between Lena Ackerson and The California Company.
b. Oil and Gas Lease recorded April 22, 1970 in Book 624 at Reception No.
1545940, between Doris Ackerson and T. S. Pace.
c. Right-of-way as granted to The Denver Laramie and Northwestern
Railway Company as set forth in instrument recorded February 13, 1909 in Book
289 at Page 539.
d. Right-of-way set forth in instrument recorded December 28, 1920 in
Book 628 at Page 254.
e. Right-of-way as granted to Colorado Central Power Company set forth in
instrument recorded January 22, 1948 in Book 1229 at Page 448.
f. Right-of-way as granted to the United States of America set forth in
instrument recorded October 10, 1958 in Book 1431 at Page 574.
g. Right-of-way as granted to Amoco Production Co. as set forth in
instrument recorded January 11, 1973 in Book 683 at Reception No. 1605178.
Page 1 of 3
h. Rights-of-way as granted to Colorado Interstate Gas Corp.as set forth in
instruments recorded November 19, 1973 in Book 703 at Reception No.
1625016,and November 17, 1975 in Book 753 at Reception No. 1674723.
i. Right-of-way as granted to Panhandle Fastem Pipeline Co.as set forth in
instrument recorded December 2, 1975 in Book 754 at Reception No. 1675875.
j. Right-of-way as granted to Mountain States Telephone and Telegraph Co.
as set forth in instrument recorded June 7, 1985 in Book 1072 at Reception No.
2012673.
k. Right-of-way as granted to KN Front Range Gathering Co. as set forth in
instrument recorded August 13, 1993 in Book 1397 at Reception No. 2346144.
I. Right of way for county roads 30 feet wide on either side of section and
township lines, as established by the Board of County Commissioners, Weld
County, recorded Dauber 14, 1889,in Book 86, Page 273.
m. Taxes and assessments for the current year, payable January 1, 2001.
EXCEP1_ING AND RESERVING THEREFROM:
a. Water and water rights evidenced by shares in the Brighton Ditch owned
by D&S Mining, Inc. which may be appurtenant to the Property;
b. The right to receive, and the obligation to return or refund, rentals and
royalty payments under the existing Lease Agreement dated August 15,
1996 between D & S and Richardson Contracting, Inc and the
Assignment, Amendment and Consent Agreement dated April 20, 1998
("Mining Lease")until 12:00 midnight on August 15, 2018.
c. Any and all mineral Interests(excluding sand and gravel)currently
owned by D&S Mining, Inc
d. Any deep bedrock(Senate Bill 5)groundwater. Excluding therefrom any
right the owner of said groundwater may have to enter upon the Pi welly
to extract said groundwater.
also known by street and number as: vacant land;
Page 2 of 3
TOGETHER with all and singular the hereditaments and appurtenances thereto
belonging, or in anywise appertaining,and the reversion and reversions, remainder and
remainder z, rents,issues,and profits thereof; and all the estate,title,interest,daim and
demand whatsoever of the grantor either in law or equity,of, in and to the above bargained
premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with the
appurtenances, unto the grantee its successors and assigns forever. The grantor for itself and
successors does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND
the above-bargained premises in the quiet and peaceable possession of the grantee,its
successors and assigns,against all and every person or persons daiming the whole or any part
thereof,by through or under the grantor.
IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above.
D&S MINING,INC_/ /{/�//�(� 4
•
i/, /By: A Dier.leZe
President
STATE OF COLORADO )
) ss.
COUNT(OF:4 h
A� The foregoing instrument was acknowledged before me this ' day of
\v C.Lta - , 2000 by Freda Dreiling, President of D &S Mining, Inc
Wi my hand and official seal.
My commission expires: ttia P
Notary Public/
Address:
L
Page 3 of 3
This pare was updated in conjunction with the USR Application. June 23, 2005
Mineral Reserves, Inc. Special Warranty Deed, Bargain and Sale Deed and
Warranty Deed
Phase 7
Ft Lupton Pit
DMG 117 Permit
Page 70 of 85
noun 193012091 *47* JA WI Tttttloaela
1 M 2 R I03!0 0 0.00 Wald tent,CO
496 BARGAIN AND SALE DEED
THIS DEED,Made this 27'day of November,2001,between FREDA LEE DREILIING,formerly known as Freda Lee
Ackerson,MYRNA KAY SLAEtASZEWSKI,formerly known as Myrna Kay Ackerson, LARRY R. LEINWEBER as
personal representative of the Estate of Mary E.Leinweber,also known as Mary Evelyn Leinweber,formerly known as
Mary Evelyn Ackerson,Den-Ara and D&S MINING,INC.,a Colorado corporation,of the County of Weld and State
of Colorado,Grantors,and MINERAL RESERVES,INC.,a Colorado corporation,whose legal address is 1400 West 644
Avenue,Denver,Colorado 80221,Attention:Duane Boltig,Division Land Manager,of the City and County of Denver,
Stale of Colorado,Grantee:
WITNESSETH,that the Grantors,for ten dollars and other good and valuable consideration,the receipt and sufficiency of
which is hereby acknowledged,sell and convey to Grantee all right,title,claim and demand of Grantors in and to all the
real property situate,lying and being in the County of Weld,State of Colorado,described as follows:
The SE%of the N W V.of Section I2,Township 1 North,Range 67 West of the 6"P.M.
(conveyance nude to clarify that the intent of the Quit Claim Deed recorded February 5,
1992 in Book 1325 as Reception No.2277307 was to convey to D&S Mining,Inc..the
NE%of the NW%of said Section 12); and
Vacated roads,streets,alleys or rights-of-way and any strips and gores of land within or
adjoining the following described land in said Section I2:
The N W'''h of the SE%and the East 30 acres of the NE%of the SW'/.;
The SE%of the NW%;
The SK of the East 60 acres of the SW%and the West Quarter of the SW%of the
SE%;and
The East 30 acres of the S W'''A of the SE'/.,
EXCEPTING AND RESERVING TO GRANTORS, HOWEVER, as their interests
therein may now appear of record,the SW%NWV..,the NE''NW%and the EXSE%of
said Section 12.
Vacant Land—No Street Address
With all appurtenances
TO HAVE AND TO HOLD the premises above bargained and described with the appurtenances unto the Grantee, its
successors and assigns forever.
IN WITNESS WHEREOF,the Grantors have executed this deed on the date set forth above
A
G'r4 L-.CF. at:Yla./q'-� � ,.
Freda Lee Dreiling, / Slaeaszewj'
f/k/a Freda Lee Ackerson Ma Myrna K.Ackerson
D&S MINING,INC.,a Colorado corporation,
Larry R. - Leinweber as Personal '
Representative of the Estate of Mary By: a ,cr._ ( �,ir O!
Evelyn Leinweber, a/k/a Mary E. Freda Lee Dreiling,President
Leinweber, f/k/a Mary Evelyn
Ackerson,Deceased Seal]
2104/96 1,vJornn OraA JA SSWTiab.aM
2 M 2 R 11.00 0 0.00 wdd Canty 00
STATE OF COLORA )
)ss
COUNTYOF )
The foregoing instrument was acknowledged before me t day of November.2001 by Freda Lee Meiling,
fAJa Freda Lee Ackerson.and Myrna Kay Slabaszewski,Ok/a Myrna ay Ackerson.
Witness my hand and official seal. f T �O
A e
My commission expires: a ,
410 O '
K ;'. BL�GPr�
STATE OF COL DO ) I or COv°r'
ss.
COUNTY OF ) IliCaradaricatiplus tt0A00t
The foregoing instrument was acknowledged before me thisc2_Zday of November,2001 by Larry R.Leinweber
as Personal Representative of the Estate of Mary Evelyn Leinweber, a/k/a Mary E. Leinweber, f/k/a Mary Evelyn
Ackerson,Deceased.
Witness my hand and official seal. _
My commission expires: a TA/Q}*
No ' Public :
���A•
STATE OF COLORADO ) BL`G''OO/
/RA' )ss- ' ,O'Cpt.OP'
COUNTY OF J1' ` b� ) 1pbla_Otf_Egka 10mIAD1
The foregoing instrument was acknowledged before me this 2day of November,2001 by Freda Lee Drciling,
f7k/a Freda Lee Ackerson,individually and as President of D&S Mining.Inc,a Colorado corporation.
Witness my hand and official seal. 77
My commission expires: a?' -
N Public
OTAq• }
gA.,V kOBLPro tic-
/
-F�OF COs,O:
NgOsimh_F>gw 1212O$
2
2101112 11130/2001 9FpA JA$014 Tuba*
1b 4R20,00 0110.31 WN9 Comity W
SPECIAL WARRANTY DEED
THIS DEED,Made this 27a'day of November,2001,between FREDA LEE DREHJING,formerly known as Freda Lee
Ackerson,and MYRNA KAY SLABASZEWSKL formerly known as Myrna Kay Ackeson,of the County of Weld and
State of Colorado,Grantors,and MINERAL RESERVES. INC.,a Colorado corporation, whose legal address is 1400
West 64'Avenue,Denver,Colorado 80221,Attention: Duane Bolfig,Division Land Manager,of the City and County of
Denver,State of Colorado,Grantee:
WTINESSETH,_that die Grantors, for and in consideration of the sum of
, the receipt and
sufficiency of which is hereby acknowledged,have granted,bargained,sold and conveyed,and by these presents do grant,
bargain,sell,convey,and confirm,unto the Grantee,its successors and assigns forever,all the real property situate,lying
and being in the County of Weld,State of Colorado,described as follows:
Parcel I: The SE%of the NW'/.Of Section 12,Township 1 North,Range 67 West of the
6'P.M.;and
Parcel 2:The NW%of the SE%and the East 30 acres of the NEV.of the SWY.of Section
12,Township I North,Range 67 West of the 6'PM.,
Vacant Land—No Street Address
TOGETHER WITH all minerals and mineral rights,sand and gravel and sand and gravel rights,oil and gas and oil and
gas rights,coal and coal rights owned by Grantors,all rights of Grantors in and to existing oil and gas wells and leases and
other leases affecting the above-described premises("Premises^);all rights-of-way and easements owned or used by
Gnntors in connection with the Premises; all structures, fixtures, houses, buildings, pumps, wells, irrigation
improvements and other improvements on the Premises and all other property rights appurtenant thereto; and except as
otherwise provided herein,all water rights appurtenant to or used or usable in connection with the Premises,including all
ditches and ditch rights, wells and well rights; reservoirs and reservoir and storage rights;all non-tributary or tributary
groundwater underlying the Premises whether adjudicated or not, whether permitted or not; together with any and all
structures and improvements and related facilities used for the diversion of such rights, such as headgates or other
diversion structures, pumps, pipelines and measuring devices; well permits, shares of stock in any ditch or reservoir
company and leases and any other rights of use of any ditch and/or reservoir water rights for water used upon and
appurtenant to the Premises;provided,however,there is expressly excepted from this Deed all of Grantors'right,tide and
interest in the water rights represented by 1.75 shares of the Brighton Ditch Company,evidenced by Certificate Nos. 166,
168 and 223(replacement for lost Certificate No. 167),such shares being the subject of a separate Water Rights Purchase
Agreement between the Grantors and Grantee.
TO HAVE AND TO HOLD the premises above bargained and described with the appurtenances unto the Grantee, its
successors and assigns forever_ The Grantors, for themselves,their heirs and personal representatives or successors, do
covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the
quiet and peaceable possession of the Grantee its successors and assigns,against all and every person or persons claiming
the whole or any part thereof,by,through or under the Grantors,except for those matters set forth on Exhibit A attached
hereto and incorporated by reference.
IIN WITNESS WHEREOF,the Grantors have executed this deed on the date serf h above
'Ladd ter, C'itCLft, � ,
Freda Lee Dreiling, �13 mot"
t lmy Kassd,
f/k/a Freda Lee Ackersonf/k/a Myrna Kay Ackerson
STATE OF COLORADO )
/ )ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of November,2001 by Freda Lee Dreiling,
f/k/a Freda Lee Ackerson,and Myrna Kay Slabaszewski,f/Wa Myrna Kay Ackerson.
Witness my hand and official seal.
My commission expires: IO'
0,• TA Ot
ie„ R : ' nary Pu w
*combo bpas tam=
•
TRANSNATION TITLE INSURANCE COMPANY
Commitment No. r 8053925B C-3
SCHEDULE B - Continued
EXCEPTIONS
EXCEPTIONS I THROUGH 6 DELETED
7. Oil and gas lease between Myrna Kay Slabaszewski, Mary Evelyn
Leinweber and Freda Lee Dreiling and Frontier Land and
Exploration, Inc. dated May 24, 1978, recorded May 26, 1978 in
Book 833 as Reception No. 1754768, and any interests therein or
rights thereunder.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by Cotton
Petroleum Corporation, recorded March 8, 1979 in Book
862 as Reception No. 1783828 and March 29, 1979 in Book
864 as Reception No. 1785820.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by HS Resources,
Inc., recorded December 12, 2000 as Reception No.
2812777.
(Affects Parcel 1)
8. Right of way, whether in fee or easement only, for a pipe line or
pipe lines ar_d appurtenances, granted to Continental Pipe Line
Company by Myrna Slabaszewski, Freda Dreiling and Mary E.
Leinweber by instrument recorded February 22, 1980 in Book 896 as
Reception No. 1817710, in which the specific location of the
easement is rot defined.
(Affects Parcel 1)
9. Right of way, whether in fee or easement only, for undisclosed
purposes, as granted to Elsie Thiebault by Lena Ackerson and
Harold Ackerson, recorded February 7, 1947 in Book 1197 at Page
229, affecting the following described property:
The West 20 feet of the SE1/4.
(Affects Parcel 2)
10_ All ores and minerals, including oil and gas, as reserved by The
Great Western Railway Company, a Colorado corporation, in the deed
to Lena Ackerson recorded September 8, 1948 in Book 1234 at Page
34, and any interests therein or rights thereunder_
(Affects 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 through
the SE1/4, said center line being more fully described as follows:
Beginning at a point on the South line of said SE1/4, 1374 feet,
more or less, West from the Southeast corner thereof, thence North
1 degree 7 minutes East, a distance of 2643 feet, more or less, to
a point on the North line of said SE1/4, 1312 feet, more or less,
West from the Northeast corner thereof.
uPage 10
2 ui o'NY IM4 muI 1 m'w um
288044044 82 iiia@001 08:476 JA Sold Tabmo oo
2 W 4 R 20.110 D 180.31 Weld Cooly CO
TRANSNATION TITLE INSURANCE COMPANY
Commitment No-i 80539258 C-3
SCHEDULE B - Continued
EXCEPTIONS
(Affects Parcel 2)
11. Right of way, whether in fee or easement only, to construct,
maintain, inspect, operate, replace, change, or remove a road
approximately 30 feet wide, as granted to Amoco Production Company
by Doris Ackerson, recorded January 11, 1973 in Book 683 as
Reception No. 1605178, affecting the following described property:
Commencing at a point on the South line of Sec. 12 approximately
100 feet East of the N-S C/L then running approximately 250 feet
North, then Northeasterly approximately 250 feet then generally
North to the North line of the SE1/4, Sec. 12.
(Affects SE1/4 of Parcel 2)
12. Right of way, whether in fee or easement only, for the purposes of
laying, constructing, maintaining, operating, repairing, replacing
and removing pipe lines and appurtenances, granted to Colorado
Interstate Corporation by Doris R. Ackerswon, Executrix of the
Estate of Lena Ackerson by instrument recorded November 19, 1973
in Book 703 as Reception No. 1625016, in which the specific
location of the easement is not defined.
(Affects SE1/4 of Parcel 2)
13. Oil and gas lease between Doris Ackerson, as Executrix of the
Estate of Lena Ackerson, deceased and T. S. Pace dated March 19,
1970, recorded April 22, 1970 in Book 624 as Reception No.
1545940, and any interests therein or rights thereunder_
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by Amoco
Production Company, recorded October 24, 1974 in Book
725 as Reception No. 1647353.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by HS Resources,
Inc., recorded December 12, 2000 as Reception No.
2812777.
(Affects Parcel 2)
14. Right of way, whether in fee or easement only, to lay, construct,
maintain, lower, inspect, repair, replace, relocate, change the
size of, operate, and remove a pipe line and appurtenances,
granted to Panhandle Eastern Pipe Line Company by The Lena
Ackerson Estate by instrument recorded December 2, 1975 in Book
754 as Reception No. 1675875, in which the specific location of
the easement is not defined.
(Affects SE1/4 of Parcel 2)
Page 11
1111111111111
2004102 11/3112001 YAM JA 84td T44bmom
3 a 4 R 20.00 0 18021 Weld Coady CO
TRANSNAnON TITLE INSURANCE COMPANY
Commitment No., 80539258 C-3
SCHEDULE 8 - Continued
EXCEPTIONS
15. Right of way, whether in fee or easement only, to lay, maintain,
inspect, alter, repair, operate, protect, remove and relay a pipe
line or pipe lines and appurtenances, granted to Continental Pipe
Line Company by Myrna Slabaszewski and Freda Dreiling by
instrument recorded February 22, 1980 in Book 896 as Reception No.
1817708, in which the specific location of the easement is not
defined.
(Affects NE1/4SW1/4 of Parcel 2)
16. Easement, Richt of Hay and Surface Use Agreement, and the terms,
agreements, provisions, conditions and obligations contained
therein, between Myrna Kay Slabaszewski, grantor, and HS
Resources, Inc., a Delaware corporation, grantee, recorded
February 3, 2000 as Reception No. 2747864, in which the specific
location is not defined.
(Affects Parcel 2)
17. Lack of a right of access from the land to any open public road,
street or highway.
NOTE: This exception is necessary because it does not appear
from the instruments in the office of the Clerk and
Recorder of the County in which subject property is
situated that any right of access exists to an open
public roadway.
(Affects Parcels 1 and 2)
NOTE: This exception will be deleted upon completion of the
Easements called for in the Requirements being granted.
18_ Notes, Areas of Concern, and Matters of Survey, as shown on
ALTA/ACSM Land Title Survey by Robert H. Sayre, dated November 14,
2001, Job Reference LFRGLPTN, File Reference Sisters]..
19. All Covenants, conditions, restrictions, leases and assignments
thereof, mineral reservations and mineral leases and assignments
thereof.
(Affects Easements 1, 2 and 3)
20. All rights of way and easements, including, but not limited to
those for roads, ditches, waterways, utilities, drainage,
pipelines, railroads, and avigation.
(Affects Easements 1, 2 and 3)
III IIII IINII IMII Iil III llI I I ff It III
2904492 11/3012001 09:47A A4 Sold T4ubmeto
4 of 4 R 20.00 0 100.3* Wdd Couuab CO
Page 12
2777409 06/2812000 02:4 JA Aoki TsukamotD 1 "
1 of 4 R 2ORO D 50-00 Weld County CO
$50.00 WARRANTYDEED
doc fee
THIS DEED, Made this 26th day of June, 2000 between t'f
Myrna Kay Slabaszewski formerly known as Myrna Kay Ackerson
RUE
of the County of Weld and State of Colorado, grantor, and Mineral Reserves, Inc. . a COPY
Colorado corporation
a corporation organized and existing under and by virtue of the laws of the State of
COLORADO, grantee:
whose legal address is 1400 W. 64th Avenue, Denver, Colorado 00221
WITNES That the grantor, for and in consideration of the siMINSIMMa
the receipt and sufficiency of which is
ereby acknowledged, has granted, bargained, sold and conveyed, and by these presents
does grant, bargain, sell, convey and confirm, unto the grantee, its successors and
assigns forever, all the real property together with improvements, if any,
situate,lying and being in the County of Weld and State of Colorado, described as
follows:
SEE EXHIBIT 'A' ATTACHED HERETO AND MADE A PART HEREOF
also known by street and number as vacant land, , Colorado
TOGETHER with all and singular the hereditaments and appurtenances thereunto
belonging, or in anywise appertaining and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right, title,
interest, claim and demand whatsoever of the grantor, either in law or equity, of, in
and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the grantee, its successors and assigns forever. And the grantor,
for himself, his heirs and personal representatives, does covenant, grant, bargain,
and agree to and with the grantee, its successors and assigns, that at the time of the
ensealing and delivery of these presents, he is well seized of the premises above
conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in
law, in fee simple, and has good right, full power and lawful authority to grant.
bargain, sell and convey the same in manner and form as aforesaid, and that the same
are free and clear from all former and other grants, bargains, sales, liens, taxes,
assessments, encumbrances and restrictions of whatever kind or nature soever, except
general taxes for 2000 and subsequent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
as more particularly set forth on Exhibit B" attached hereto.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises
in the quiet and peaceable possession of the grantee, its successors and assigns.
against
all and every person or persons lawfully claiming the whole or any part thereof.
The singular number shall include the plural, the plural the singular, and the use
of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, The grantor has executed this dee on the date set forth— b ve-
a y SlabatzewskFKKA rna Kay
Ackerson
STATE OF COLORADO
ss_ The foregoing instrument was acknowledged before County of Weld ) me this 26th day of June, 2000, by
Myrna Kay Slabaszewski formerly known as Myrna Kay Ackerson
My commission expires 30-17-2002
Witness my hand and official ZPRr(/84,11
, Oa t 1 f -I � Lic
fv�r>�
�^ j = MELINDA ,III, NOTARY PUBLIC
t:
No. 952. Rev. 3"85 : BAESSEER 1 South 4th Avenue
1 /—:$ighton, COLORADO 80601
1‘‘ f OF"�9��
ROaR616n
ziI1400 06/28/2000 02:07P JA S0OMT:owmelo
2 of 4 R 20_00 D 50.00 Weld County CO
ESCROW NO. : 8048616B
DATE _ June 15 2000
'EXHIBIT A"
LEGAL DESCRIPTION
PARCEL 1:
The 51/2 of the East 60 acres of the SW1/4 of Section 12, and the w1/4
of the SW1/4 of the SE1/4 of Section 12, all in Township 1 North, Range
67 West of the 6th P.M. , County of Weld, State of Colorado.
PARCEL 2:
The East 30 acres of the SW1/4 of the SE1/4 of Section 12, Township 1
North, Range 67 West of the 6th P.M., County of Weld, State of
Colorado.
Both Parcels I and II are granted subject to a dry up covenant related
to the Brighton Ditch dated June 26, 2000.
No water rights are granted or conveyed with Parcels I or II .
?777409 P6720/2000 02:07P a Said 7SBwA010
I 01 4 R 20.0 D 50.00 Weld County CO
"EXHIBITBa
Right of way, whether in fee or easement only, for undisclosed
purposes, as granted to Elsie Thiebault by Lena Ackerson and
Harold Ackerson, recorded February 7, 1947 in Book 1197 at Page
229, affecting the following described property.
The West 20 feet of the SE1/4
Terms, agreements, provisions, conditions, obligations and
easements as contained in Agreement record-ell February 24, 1944 -in
Book 1221 at Page 552.
Laramie Seepage and Drainage Ditches, and any arit'all rights of '
way therefore, as evidenced by Map and Statement filed-March 22,
1910 as Reception No. 153271, in which the specific locatioh is
not defined.
All ores and minerals, including oil and gas as reserved by The
Great Western Railway Company in the Deed recorded September 8,
1948, in Book 1234 at Page 34, and any interests therein or rights
thereunder.
(Affects part of SE1/4)
Oil and gas lease between Doris Ackerson, as Executrix of the
Estate of Lena Ackerson, deceased and T. S. Pace dated$larch 19,
1970, recorded April 22, 1970 Id Book 624 as Reception No.
1545940, and any interests therein or rights thereunder.
NOTE: Amendment recorded December 18, 1972 in Book 682 as
Reception No. 1603741:
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by Amoco
Production Company, recorded October 24, 1974 in Book
- 725 as Reception No. 1641153.
Right of-may, whether in fee or easement only, to-construct,
maintain, -inspect, opetate,\iepiace; change, or remove a road
approximately 30 feet wide; 8e gkahted to Amoco Production
Company, a Delaware Corpotatibi by Doris Ackerson, -recorded
January 11, 1973 in Book 683' as Reception No. 1605178, as more
particularly described in said ihdttdisent.
(Affects SE1/4)
Right of way, whether in fee or easement only, for pipe lines and
appurtenances, granted to Colorado Interstate Corporation by Doris
R. Ackerson, Executrix of the Estate of Lena Ackerson by
instrument recorded November 19, 1973 in Book 703 as Reception No.
1625016, in which the specific location of the easement is not
-defined.
(Affects SE1/4)
Right of way, whether in fee or easement only, for a pipe line and
appurtenances, granted to Panhandle Eastern Pipe Line Company by
The Lena Ackerson Estate by instrument recorded December 2, 1975
in Hook 754 as Reception No. 1675875, in which the specific
location of the easement is not defined.
Right of way, whether in fee or easement only, for electrical
. facilities and appurtenances, granted to Union Rural Electric=
'A
ssociation, Inc. by Lena Ackerson Estate; Doris Ackerson -
Executrix by instrument recorded June 15, 1977 in Book 000 as
Reception No. 1721935, in which the specific location of the
easement is not defined.
Right of way, whether in fee or easement only, for pipe line or
pipe lines and appurtenances. 'granted to Continental Pipe Line
Company, a Delaware corporation by Myrna Slabaszewski by
instrument recorded February 22, 1980 in Book 896 as Reception No.
1817709, in which the specific location of the ease,nenui is not
defined.
(Affects SE1/45X1/4)
Right bf way, whether in fee or easement only, for a pipe line or
pipe lines and appurtenances, granted to Continental Pipe Line
company, a Delaware corporation by Myrna Kay Slabaszewskf by
instrument recorded September 8, 1981 in Book 946 as Reception No
1868407, in which the specific location of the easement is not
defined.
(Affects Wl/2H1/25W1/4SE1/4)
Right of way,e, whether in fee or easement only, for a pipe line and
appurtenances, granted to Myrna
Slab) Range Gathering Company, a
Colorado corporation ug nt 519938 iewsoo and Freda eceftion by
instrument recorded AugJst 13,-.1997 in Book 1397 as Reception No:
2346144, in which the specific location of the easement fs not
dgfined.
(Affects SE1/4) -- _
Matters of Survey as shown on baud Survey Plat recorded-May 12,
1992 in Book 1336 ad Reception no. 2287783.
2777409 06/28/2000 02:07P JA Sulu it Dora
4 0l 4 R 20.00 D 60.00 Weld County C0 - -
"EXHIBIT- 0"
continued .
Any question as to the size or location of the subject property
• and as to the encroachment of the subject ptoperty onto adjoining
property.
(Affects SW1/4 and SE1/4)
Road over the Southerly portion of the subject property as shown
on Map of Weld County.
Right of way, whether in fee oreasement only, for pipelines and
appurtenances, granted to WS Resources, Inc. by Myrna Kay
Slabaszewski by instrument recorded February 3, 2000 as Reception
No. 2747864, in which the specific location of the easement is not
defined.
Notes/comments and matters of Survey as shown on ALTA/ACSM Land
Title Survey, dated June 20, 2000 by Robert M. Sayre, Job No:
MYRNA-SI
•
/1. 4
•
•
A.
l'
-s .T
=.
This pare was updated in conjunction with the USR Application. June 23,2005
Mineral Reserves, Inc. Special Warranty Deed, Personal Warranty Deed, and
Bargain and Sale Deed
Phase 8
Ft.Lupton Pit
DMG 112 Pernut
Page 7!of85
•
2990«6 1113011001 0M7A U atl Tssluseols
1 el 2 R 19.90 0 0,90 Weld WW1 al
496 BARGAIN AND SALE DEED
THIS DEED,Made this 27'day of November,2001,between FREDA LEE DREILIING,formerly known as Freda Lee
Ackerson,MYRNA KAY SLABASZEWSKI,formerly known as Myrna Kay Ackerson,LARRY R. LEINWEBER as
personal representative of the Estate of Mary E Leinweber,also known as Mary Evelyn Leinweber,formerly known as
Mary Evelyn Ackerson,Deceased,and D&S MINING,INC.,a Colorado corporation,of the County of Weld and State
of Colorado,Grantors,and MINERAL RESERVES,INC.,a Colorado corporation,whose legal address is 1400 West 64'
Avenue,Denver,Colorado 80221,Attention:Duane Bollig,Division Land Manager,of the City and County of Denver,
State of Colorado,Granter
WITNESSETH,that the Grantors,for ten dollars and other good and valuable consideration,the receipt and sufficiency of
which is hereby acknowledged,sell and convey to Grantee all right,title,claim and demand of Grantors in and to all the
real property situate,lying and being in the County of Weld,State of Colorado,described as follows:
The SE%of the NW%of Section 12,Township I North,Range 67 West of the 6'P.M.
(conveyance made to clarify that the intent of the Quit Claim Deed recorded February 5,
1992 in Book 1325 as Reception No.2277307 was to convey to D&S Mining,Inc.,the
NE%of the NW''/.of said Section 12E, and
Vacated roads,streets,alleys or rights-of-way and any strips and gores of land within or
adjoining the following described land in said Section 12:
The NW%of the SE%and the East 30 acres of the NEV.of die SW'/.;
The SE%of the NW%;
The SYa of the East 60 acres of the S W'A and the West Quarter of the SW%of the
SE%;and
The East 30 acres of the S W'''A of the SE'%
EXCEPTING AND RESERVING TO GRANTORS. HOWEVER, as their interests
therein may now appear of record,the SW%NW%,the NE'ANW%and the E%2SE%of
said Section 12.
Vacant Land—No Street Address
With all appurtenances
TO HAVE AND TO HOLD the premises above bargained and described with the appurtenances unto the Grantee,its
successors and assigns forever.
IN WITNESS WHEREOF,the Grantors have executed this deed on the date set forth above
Freda Lee Deedingj abasze
f/IJa Freda Lee Ackerson Pk/a Myrna K.Ackerson
D&S MINING,INC.,a Colorado corporation,
citPtr.34,11,/-c
Larry R.y Leinweber as Personal 7.4-0 ,✓fit' n
Representative o of f the Estate of Mary By �/
Evelyn Leinweber, a/k/a Mary E Freda Lee Dreiling,President
Leinweber, Vida Mary Evelyn
Ackerson,Deceased (Seal]
- iaotmOhItIIU1Uuh$
-2904496 1113012941 Ot47A JA sew TakameS
2 e1 211 MAO 0 0.00 weN Cony CO
,.... STATE OF COLORA 1
ss_
COUNTY OF )744 foregoing instrument was acknowledged before me ihS 7 7 day of November,2001 by Freda Lee Dreiling,
f/kda Freda Lee Ackerson,and Myrna Kay Stabaszewski,Vida Myrna Kay Ackerson_
Witness my hand and official seal. \ "••
My commission expires d 7-.�
oiary'T. K IN.C4LI NC ".43
STATE OF COL DO ) I Oe.
F COL—
)ss.
COUNTY OF ) h' an MOM
The foregoing instrument was acknowledged before me thisrliday of November,2001 by Lan-y IL Leinweber
as Personal Representative of the Estate of Mary Evelyn Leinwcber, a/k/a Mary E Leinweber, f/k/a Mary Evelyn
Ackerson,Deceased.
Witness my hand and official seal. ._
My commission expires: -I�'" •TA4 .O 'i.
%
No : Public '
STATE OF COLO ADO ) teOF COQ Po.
ss.
COUNTY OF _ 1 0+'edaD9Mat09Gp91
The foregoing instrument was acknowledged before me thiy9day of November,2001 by Freda Lee Dreiling
flk/a Freda Lee Ackerson,individually and as President of D&S Mining,Inc..a Colorado corporation.
Witness my hand and official seal.
My commission expires: Mb)
Public
•
M.O
• ,ro qy=.
1 : to
i
' 15\q F CO ityf
2004403 1113WZM1 00.47A JA fold hubs*
1 a1 4 II 20.000 0 000 Weld Coudlt C0
PERSONAL REPRESENTATIVE'S DEED
483
THIS DEED made by Larry IL Leinweber,as Personal Representative of the Estate of Mary E Leinweber,
a/k/a Mary Evelyn Leinweber,Deceased,Grantor,to Mineral Reserves,Inc..a Colorado corporation,Grantee,
whose address is 1400 W.64th Avenue,Denver,CO 80221
WHEREAS,Mary E.Leinweber died testate on March 10, 1999;
WHEREAS Grantor was appointed as Personal Representative, in Weld County District Court,
Probate Case d99-PR-102 on March 22, 1999;
THEREFORE, for the consideration of- and other good and valuable consideration,
Grantor sells and conveys to Grantee, Grantor's interest in the following real property in Weld County,
Colorado:
The SE%of the NW7 of Section 12,Township I North,Range 67 West of the
6th P.M,
Vacant Land No Street Address
TOGETHER WITH all minerals and mineral rights,sand and gravel and sand and gravel rights,oil and gas
and oil and gas rights,coal and coal rights owned by Grantors,all rights of Grantors in and to existing oil and
gas wells and leases and other leases affecting the above-described premises("Premises"); all rights-of-way
and easements owned or used by Grantors in connection with the Premises;all structures, fixtures, houses,
buildings, pumps, wells, irrigation improvements and other improvements on the Premises and all other
property rights appurtenant thereto;and except as otherwise provided herein,all water rights appurtenant to or
used or usable in connection with the Premises, including all ditches and ditch rights, wells and well rights;
reservoirs and reservoir and storage rights;all non-tributary or tributary groundwater underlying the Premises
whether adjudicated or not,whether permitted or not; together with any and all structures and improvements
and related facilities used for the diversion of such rights, such as headgates or other diversion structures,
pumps,pipelines and measuring devices;well permits,shares of stock in any ditch or reservoir company and
leases and any other rights of use of any ditch and/or reservoir water rights for water used upon and
appurtenant to the Premises; provided,however,there is expressly excepted from this Deed all of Grantors'
right, title and interest in the water rights represented by 135 shares of the Brighton Ditch Company,
evidenced by Certificate Nos. 166, 168 and 223(replacement for lost Certificate No_ 167),such shares being
the subject of a separate Water Rights Purchase Agreement between the Grantors and Grantee.
Grantor warrants title to above-described premises against all persons claiming under Grantor, except as to
those matters set forth in Exhibit A attached hereto and incorporated by reference.
Executed on this 27th day of November,2001(1147,:Larry R. inweber, Personal Representative of the Estate of
Mary E.Leinweber,a/k/a Mary Evelyn Leinweber
STATE OF COLORADO )
)ss.
COUNTY OF ADAMS )
The foregoing instrument was acknowledged before me this 27th day of November, 2001 by Larry R
Leinweber,Personal Representative of the Estate of Mary E.Leinwebcr,afk/a Mary Evelyn Leinweber
(Seal)
" . �,. ,':• � : es: Ili-Z1.lad
:• O 'j��
• Notar
i t
its t egos HIM 1
?RIWSNATION TITLE INSURANCE COMPANY
Commitment No.: 8053925B C-3
SCHEDULE H - Continued
EXCEPTIONS
EXCEPTIONS 1 THROUGH 6 DELETED
7. Oil and gas lease between Myrna Kay Slabaszewski, Mary Evelyn
Leinweber and Freda Lee Dreiling and Frontier Land and
Exploration, Inc. dated May 24, 1978, recorded May 26, 1978 in
Book 833 as Reception No. 1754768, and any interests therein or
rights thereunder.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by Cotton
Petroleum Corporation, recorded March 8, 1979 in Book
862 as Reception No. 1783828 and March 29, 1979 in Book
864 as Reception No. 1785820.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by HS Resources,
Inc. , recorded December 12, 2000 as Reception No.
2812777.
(Affects Parcel 1)
8_ Right of way, whether in fee or easement only, for a pipe line or
pipe lines and appurtenances, granted to Continental Pipe Line
Company by Myrna Slabaszewski, Freda Dreiling and Mary E.
Leinweber by instrument recorded February 22, 1980 in Book 896 as
Reception No. 1817710, in which the specific location of the
easement is not defined.
(Affects Parcel 1)
9. Right of way, whether in fee or easement only, for undisclosed
purposes, as granted to Elsie Thiebault by Lena Ackerson and
Harold Ackerson, recorded February 7, 1947 in Book 1197 at Page
229, affecting the following described property:
The West 20 feet of the SE1/4_
(Affects Parcel 2)
10. All ores and minerals, including oil and gas, as reserved by The
Great Western Railway Company, a Colorado corporation, in the deed
to Lena Ackerson recorded September 8, 1948 in Book 1234 at Page
34, and any interests therein or rights thereunder.
(Affects 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 through
the SE1/4, said center line being more fully described as follows:
Beginning at a point on the South line of said SE1/4, 1374 feet,
more or less, West from the Southeast corner thereof, thence North
1 degree 7 minutes East, a distance of 2643 feet, more or less, to
a point on the North line of said SE1/4, 1312 feet, more or less,
West from the Northeast corner thereof.
Page 10
II11�i �IN�11111�ImII1�1iiJUL
2984493 11l3W2001 09:4TA JA HOd Tsalwwob
2 0l 4 R 20.00 0 0.00 Weld Cowry CO
r
• TRANffiUTION TITLE INSURANCE COMPANY
!" Commitment No.t 80539258 C-3
SCHEDULE B - Continued
EXCEPTIONS
(Affects Parcel 2)
11. Right of way, whether in fee or easement only, to construct,
maintain, inspect, operate, replace, change, or remove a road
approximately 30 feet wide, as granted to Amoco Production Company
by Doris Ackerson, recorded January 11, 1973 in Book 683 as
Reception No_ 1605178, affecting the following described property:
Commencing at a point on the South line of Sec. 12 approximately
100 feet East-of the N-S C/L then running approximately 250 feet
North, then Northeasterly approximately 250 feet then generally
North to the North line of the SE1/4, Sec. 12.
(Affects SE1/4 of Parcel 2)
12. Right of way, whether in fee or easement only, for the purposes of
laying, constructing, maintaining, operating, repairing, replacing
and removing pipe lines and appurtenances, granted to Colorado
Interstate Corporation by Doris R. Ackerswon, Executrix of the
Estate of Lena Ackerson by instrument recorded November 19, 1973
in Book 703 as Reception No. 1625016, in which the specific
location of the easement is not defined_
(Affects SE1/4 of Parcel 2)
13. Oil and gas lease between Doris Ackerson, as Executrix of the
Estate of Lena Ackerson, deceased and T. S. Pace dated March 19,
1970, recorded April 22, 1970 in Book 624 as Reception No_
1545940, and any interests therein or rights thereunder.
Note: Extension of the above lease as claimed by Affidavit of
- Production, pursuant to CRS 38-42-106, by Amoco
Production Company, recorded October 24, 1974 in Book
725 as Reception No. 1647353.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by HS Resources,
Inc_, recorded December 12, 2000 as Reception No.
2812777.
(Affects Parcel 2)
14. Right of way, whether in fee or easement only, to lay, construct,
maintain, lower, inspect, repair, replace, relocate, change the
size of, operate, and remove a pipe line and appurtenances,
granted to Panhandle Eastern Pipe Line Company by The Lena
Ackerson Estate by instrument recorded December 2, 1975 in Book
754 as Reception No. 1675875, in which the specific location of
the easement is not defined_
(Affects SE1/4 of Parcel 2)
Page 11
I,IsIli MOMMill UM MI IIII
2904493 11130/2001 09:QA 3A Sid Talmm.to
3 0l I R 20.00 0 0.00 Weld Canty CO
TRANSLATION TITLE INSURANCE COMPANY
Commitment No.t 8053925E C-3
SCHEDULE 8 - Continued
EXCEPTIONS
15. Right of way, whether in Eee or easement only, to lay, maintain,
inspect, alter, repair, operate, protect, remove and relay a pipe
line or pipe lines and appurtenances, granted to Continental Pipe
Line Company by Myrna Slabaszewski and Freda Dreiling by
instrument recorded February 22, 1980 in Book 896 as Reception No.
1817708, in which the specific location of the easement is not
defined.
(Affects NE1/4SW1/4 of Parcel 2)
16. Easement, Right of Way and Surface Use Agreement, and the terms,
agreements, provisions, conditions and obligations contained
therein, between Myrna Kay Slabaszewski, grantor, and HS
Resources, Inc., a Delaware corporation, grantee, recorded
February 3, 2C00 as Reception No. 2747864, in which the specific
location is not defined.
(Affects Parcel 2)
17. Lack of a right of access from the land to any open public road,
street or highway.
NOTE: This exception is necessary because it does not appear
from the instruments in the office of the Clerk and
Recorder of the County in which subject property is
situated that any right of access exists to an open
public roadway.
(Affects Parcels 1 and 2)
NOTE: This exception will be deleted upon completion of the
Easements called for in the Requirements being granted.
18. Notes, Areas of Concern, and Matters of Survey, as shown on
ALTA/ACSM Land Title Survey by Robert M. Sayre, dated November 14,
2001, Job Reference LFRGLPTN, File Reference Sistersl.
19. All Covenants, conditions, restrictions, leases and assignments
thereof, mineral reservations and mineral leases and assignments
thereof.
(Affects Easements 1, 2 and 3)
20. All rights of way and easements, including, but not limited to
those for roads, ditches, waterways, utilities, drainage,
pipelines, railroads, and avigation.
(Affects Easements 1, 2 and 3)
I nANNIIIUM11ItIUUW I1HI2904493 1113012001 09:47A laTualsmole
IIM
l of 4 R 20.00 D 0.00 Weld County CO
Page 12
IMMO
,2101192 11/3112001 00:47A JA Sidi Tttlbw00
1 of 4 R 20.00 0 100.31 Wolf COINS CO
492 SPECIAL WARRANTY DEED
THIS DEED,Made this 27'day of November,2001,between FREDA LEE DREILIING,formerly known as Freda Lee
Ackerson,and MYRNA KAY SLABASZEWSKI,formerly known as Myrna Kay Ackerson,of the County of Weld and
State of Colorado,Grantors, and MINERAL RESERVES, INC.,a Colorado corporation, whose legal address is 1400
West 64'Avenue,Denver,Colorado 80221,Attention: Duane Bollig,Division Land Manager,of the City and County of
Denver,State of Colorado,Grantee:
WITNESSE7H,that the Grantors,for and in consideration of the sum of �
sufficiency of which is hereby acknowledged,have r use receipt and
8 gnNcd,bargained,sold and conveyed,and by these presents do grant,
bargain,sell,convey,and confirm,unto the Grantee,its successors and assigns forever,all the real property situate,lying
and being in the County of Weld.State of Colorado,described as follows:
Parcel I: The SE'G of the NW'/.of Section 12,Township I North,Range 67 West of the
6'P.M.;and
Parcel 2:The NW''/.of the SE%and the East 30 acres of the NE%of the SW`/.of Section
12,Township I North,Range 67 West of the 6'P.M.,
Vacant Land—No Street Address
TOGETHER WITH all minerals and mineral rights,sand and gravel and sand and gravel rights,oil and gas and oil and
gas rights,coal and coal rights owned by Grantors,all rights of Grantors in and to existing oil and gas wells and leases and
other leases affecting the above-described premises("Premises"), all rights-of-way and easements owned or used by
Grantors in connection with the Premises; all structures, fixtures_ houses, buildings, pumps, wells, irrigation
improvements and other improvements on the Premises and all other properly rights appurtenant thereto;and except as
otherwise provided herein,all water rights appurtenant to or used or usable in connection with the Premises,including all
ditches and ditch rights,wells and well rights; reservoirs and reservoir and storage rights;all non-tributary or tributary
groundwater underlying the Premises whether adjudicated or not, whether permitted or not; together with any and all
structures and improvements and related facilities used for the diversion of such rights, such as headgates or other
diversion structures, pumps, pipelines and measuring devices; well permits, shares of stock in any ditch or reservoir
company and leases and any other rights of use of any ditch and/or reservoir water rights for water used upon and
appurtenant to the Premises;provided,however,there is expressly excepted from this Deed all of Grantors right,title and
interest in the water rights represented by 1.75 shares of the Brighton Ditch Company,evidenced by Certificate Nos. 166,
168 and 223(replacement for lost Certificate No- 167).such shares being the subject of a separate Water Rights Purchase
Agreement between the Grantors and Grantee.
TO HAVE AND TO HOLD the premises above bargained and described with the appurtenances unto the Grantee,its
successors and assigns forever. The Grantors,for themselves,their heirs and personal representatives or successors,do
covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the
quiet and peaceable possession of the Grantee its successors and assigns,against all and every person or persons claiming
the whole or any part thereof,by,through or under the Grantors,except for those matters set forth on Exhibit A attached
hereto and incorporated by reference.
IN WITNESS WHEREOF,the Grantors have executed this deed on the date self h above
il
-2-,tE P. ,.1≤
Freda Lee Dreiling, y labaszew ,
ffk/a Freda Lee Ackerson (Ada Myrna Kay Ackerson
STATE OF COLORADO
COUNTY OF/Id/Wit) ss
The foregoing instrument was acknowledged before me these /day of November,2001 by Freda Lee Oreiling,
f/k/a Freda Lee Ackerson,and Myrna Kay Slabasuwski,f/k/a Myrna Kay Ackerson.
Witness my hand and official seal.
My commission expires: 1O- 7- C
LI
:471) •'TA O � I
2G R} �i otary Pu nc
[ .
i eat•A ;
�Ai'.VOItG'po:
10Croalsokatmlas tt1O,9131
TRANSNATION TITLE INSURANCE COMPANY
Commitment No., 8053925B C-3
SCHEDULE B - Continued
EXCEPTIONS
EXCEPTIONS 1 THROUGH 6 DELETED
7. Oil and gas lease between Myrna Kay Slabaszewski, Mary Evelyn
Leinweber and Freda Lee Dreiling and Frontier Land and
Exploration, Inc_ dated May 24, 1978, recorded May 26, 1978 in
Book 833 as Reception No. 1754768, and any interests therein or
rights thereunder.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by Cotton
Petroleum Corporation, recorded March 8, 1979 in Book
862 as Reception No. 1783828 and March 29, 1979 in Book
864 as Reception No. 1785820.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by HS Resources,
Inc., recorded December 12, 2000 as Reception No.
2812777.
(Affects Parcel 1)
8. Right of way, whether in fee or easement only, for a pipe line or
pipe lines and appurtenances, granted to Continental Pipe Line
Company by Myrna Slabaszewski, Freda Dreiling and Mary E.
Leinweber by instrument recorded February 22, 1980 in Book 896 as
Reception No. 1817710, in which the specific location of the
easement is not defined.
(Affects Parcel 1)
9. Right of way, whether in fee or easement only, for undisclosed
purposes, as granted to Elsie Thiebault by Lena Ackerson and
Harold Ackerson, recorded February 7, 1947 in Book 1197 at Page
229, affecting the following described property:
The West 20 feet of the SE1/4.
(Affects Parcel 2)
10_ All ores and minerals, including oil and gas, as reserved by The
Great Western Railway Company, a Colorado corporation, in the deed
to Lena Ackerson recorded September 8, 1948 in Book 1234 at Page
34, and any interests therein or rights thereunder.
(Affects 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 through
the SE1/4, said center line being more fully described as follows:
Beginning at a point on the South line of said SE1/4, 1374 feet.
more or less, West from the Southeast corner thereof, thence North
1 degree 7 minutes East, a distance of 2643 feet, more or less, to
a point on the North line of said SE1/4, 1312 feet, more or less,
West from the Northeast corner thereof.
�9p9�prymH� rp��E�.I'�EEn1��gp. 'I HpI Page 10
2904492 1113082081 WA7A JA 8eN Teehmoto
2 o1 4 R 20.00 D 109.31 Weld Conti CO
TRANSNATION TITLE INSURANCE COMPANY
Commitment No.z 8053925B C-3
SCHEDULE B - Continued
EXCEPTIONS
(Affects Parcel 2)
11. Right of way, whether in fee or easement only, to construct,
maintain, inspect, operate, replace, change, or remove a road
approximately 30 feet wide, as granted to Amoco Production Company
by Doris Ackerson, recorded January 11, 1973 in Book 683 as
Reception No. 1605178, affecting the following described property:
Commencing at a point on the South line of Sec. 12 approximately
100 feet East of the N-S C/L then running approximately 250 feet
North, then Northeasterly approximately 250 feet then generally
North to the North line of the SE1/4, Sec. 12.
(Affects SE1/4 of Parcel 2)
12. Right of way, whether in fee or easement only, for the purposes of
laying, constructing, maintaining, operating, repairing, replacing
and removing pipe lines and appurtenances, granted to Colorado
Interstate Corporation by Doris R. Ackerswon, Executrix of the
Estate of Lena Ackerson by instrument recorded November 19, 1973
in Book 703 as Reception No. 1625016, in which the specific
location of the easement is not defined.
(Affects SE1/4 of Parcel 2)
13. Oil and gas lease between Doris Ackerson, as Executrix of the
Estate of Lena Ackerson, deceased and T. S. Pace dated March 19,
1970, recorded April 22, 1970 in Book 624 as Reception No.
1545940, and any interests therein or rights thereunder.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by Amoco
Production Company, recorded October 24, 1974 in Book
725 as Reception No. 1647353.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by HS Resources,
Inc. , recorded December 12, 2000 as Reception No.
2812777.
(Affects Parcel 2)
14. Right of way, whether in fee or easement only, to lay, construct,
maintain, lower, inspect, repair, replace, relocate, change the
size of, operate, and remove a pipe line and appurtenances,
granted to Panhandle Eastern Pipe Line Company by The Lena
Ackerson Estate by instrument recorded December 2, 1975 in Book
754 as Reception No. 1675875, in which the specific location of
the easement is not defined.
(Affects SE1/4 of Parcel 2)
Page 11
11111111111111111111111111101111111111111101
2904492 1113012001 09:470 Al Saki Tadmmolo
3 a1 4 B 29.00 0 180.31 Wdd CovUM CO
TRANSNATION TITLE INSURANCE COMPANY
Commitment No.: 8053925B C-3
SCHEDULE B - Continued
EXCEPTIONS
15. Right of way, whether in fee or easement only, to lay, maintain,
inspect, alter, repair, operate, protect, remove and relay a pipe
line or pipe lines and appurtenances, granted to Continental Pipe
Line Company by Myrna Slabaszewski and Freda Dreiling by
instrument recorded February 22, 1980 in Book 896 as Reception No_
1817708, in which the specific location of the easement is not
defined.
(Affects NE1/4SW1/4 of Parcel 2)
16. Easement, Richt of Way and Surface Use Agreement, and the terms,
agreements, provisions, conditions and obligations contained
therein, between Myrna Kay Slabaszewski, grantor, and HS
Resources, Inc. , a Delaware corporation, grantee, recorded
February 3, 2000 as Reception No. 2747864, in which the specific
location is not defined.
(Affects Parcel 2)
17. Lack of a right of access from the land to any open public road,
street or highway.
NOTE: This exception is necessary because it does not appear
from the instruments in the office of the Clerk and
Recorder of the County in which subject property is
situated that any right of access exists to an open
public roadway.
(Affects Parcels 1 and 2)
NOTE: This exception will be deleted upon completion of the
Easements called for in the Requirements being granted.
18_ Notes, Areas of Concern, and Matters of Survey, as shown on
ALTA/ACSM Land Title Survey by Robert M. Sayre, dated November 14,
2001, Job Reference LFRGLPTN, File Reference Sistersl_
19_ All Covenants, conditions, restrictions, leases and assignments
thereof, mineral reservations and mineral leases and assignments
thereof.
(Affects Easements 1, 2 and 3)
20- All rights of way and easements, including, but not limited to
those for roads, ditches, waterways, utilities, drainage,
pipelines, railroads, and avigation.
(Affects Easements 1, 2 and 3)
I MIN NN NNII NN NII III II INII�INI III IIN
2904!92 11110/2001 0➢_4TA JA SIM Tedmmob
4 a 4 B 20.00 0 180.31 Weld Gall CO
Page 12
This page was updated in conjunction with the USR Application. June 23,2005
D&S Mining Quit Claim Deed
Phase 9
Ft Lupton Pit
DMG I12 Permit
Page?2 of 85
B 1325 REC 02277306 02/05/92 11:04 $5.00 1/001
*R2277306 ---- F 0778 MARY ANN FEUERSTEIN CLERK L RECORDER WELD CO, CO
QUIT CLAIM DEED
THIS DEED.Made elms dry el January .ry 92.
lawn
Myrna Kay Stabaszewskt and Freda Loe Urrll ing
of elw 'ruse,of Weld .W Area
Cuhsa&gnaate.and
U a S Mining, Inc..
rh.mkpd althea, 4025 Weld County road 21,
Fort Lupton. Colorado 80621
aide Co'ayuf Weld and Sear ef Colorado.lse11
WIT EZETH.Tim.kpanmmUtfaadaowtikranne.tthemum.4 and or her good
end valuable constderat Iaa. JUWW 0MM
Ow Ampe ad slicing.al vbrb h laaby acknon encd•have .ew.N..eked.a al and QUIT CIA&MFi).era by
thawpR.rmc tes noise..tloe.sell and QtlIT ll.AIM wails anareeK Its kin.annum,mod'Spa.
tweet a0 the.iSM. t]t imant.claim sad demand wain dr. yaemwla)haven end In the real palmy.bertha •s4
npnwear.n.ifa y.elease.Imes andbriwt isdc CaaayN Weld and Sae of
Clotho.Combed m tdluai
The West 1/2 of the Southwest 1/4 of Section 7, Townsh I p 1 Korth,
i:anse 46 Went of the 6th P.M.• containing 80 acres more or Iran, together
with,
Toe East 1/2 of the Southeast 1/4 of Section 12. Township 1 North, •
Range S7 West of the btl. P.M.. containing 80 acres more or less, together
with,
Teo Northeast 1/4, Northwest t/L of Sect ion 12. Towahtp I North.
Range 67 West of bth 1'.N.. containing 40 acres more or .ram together with
all alacrol rights appurtenant thereto.
abaWean by mtel and r.wther an-
70 RAVE AND TO 1Nxl)Se vas.h.gedrr rah a0 ad.mega de animalism's lism's ad stinkers iMrtuan khnging Of le
anys.ae le.nrb.nerbenmg.ad a0 de caber.nen.Mk..morn adclnn whub.cwt.tde gnmanl eider n tone equity.b+
• e only pow*me.►arm ad kbo.d es thy gnat* Its hen ands 1p.lu,nn
IN WITNESS WHFAE:OE The r."° °as vucam-a.d the tend..a the Jac an orb show.
Freda Lee Drell tog -- --� yrM Kay SloOvLiszevaact
STATE Of COLORADO.
Cary or Adams
The Worming aawnm.aaaacl .alcdsed brine MC do 30th day January .IV 92•
by Erode Lee Drell log and Myrna Kay S1abaszewskl.
Msoweslaulkietran June 2. .a 95.Wawa my bed sad Wenda and
f �v:,wRr
l\V' :' 0'^$121#11—,
'ii to Demo.anal-City sad.-
tee.Ma.Raa m aw new emu •
8,....44.44 .Yon.e..En.," eeu Y!�•'.a Lw
This page was updated in conjunction with the USR Application June 23, 2005
Freda L.Dreiling Living Trust Warranty Deed and Quit Claim Deed
Phase 9
Ft Lupton Pit
DMG!!2 Permit
Page 73 of 85
ne 11Mi,I Hi mill INN §
2962200 0611712002 Stiff. VS COw1►CO
1 b 1 R 6-00 D 0.00 LA."Said"Hobs
,.... WARRANTY DEED
THIS DEED,Made this 23s day of April 2002,between FREDA LEE DREILING,County of Weld,State of Colorado,
Grantor and FREDA L DREILING LIVING TRUST,dated February 8,2001,whose legal address is 4025 Weld County
Road 23,Fort Lupton,Colorado,of the County of Weld,State of Colorado,Grantee
WITNESSETH,That the Grantor,for and in consideration of the sum of other good and valuable consideration and ten
and 00/100 dollars,the receipt and sufficiency of which is hereby acknowledged,bas granted,bargained,sold and
conveyed,and by these presents does grant,bargain,sell,convey,and confirm,unto the Grantee,its heirs and assigns
forever,all the real property,together with improvements,if any.situate,lying and being in the County of Weld,State of
Colorado,described as follows:
The West 30 acres of the West One Half of the Southeast One Quarter(W KSE'/.)of Section 1,Township I
North,Range 67 West of the 6'r P.M.,including,without limitation,all right,title and interest in and to all gravel,
coal,oil,gas and all other minerals lying in or under said prupti ry and previously reserved by grantor.
FOR TITLE PURPOSES ONLY,NO DOCUMENTARY FEE REQUIRED.
TOTAL CONSIDERATION PAID ISISOR LESS.
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging,or in anywise appertaining,
and the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,tide,
interest claim and demand whatsoever of the Grantor,either in taw or equity,of,in and to the above bargained premises,
with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances,unto the Grantee,its
heirs and assigns forever. And the Grantor for the Grantor,and the Grantor's heirs and personal representatives,does
covenant,grant,bargain,and agree to and with the Grantee,its heirs and assigns,that at the time of the=sealing and
delivery of these presents,the Grantor is well seized of the premises above conveyed,has good,sure,perfect,absolute and
indefeasible estate of inheritance,in law,in fee simple,and has good right,full power and authority to grant,bargain,sell
and convey the same in manner and form as aforesaid,and that the same are free and clear from all former and other
.�-- grants,bargains,sales,liens,taxes,assessments,encumbrances,and restrictions of whatever kind or nature soever,except
the general real estate taxes and assessments,reservations,restrictions,easements and rights of way of public record
The Grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and
peaceable possession of the Grantee,its heirs and assigns,against all and every person or persons lawfully claiming the
whole or any pan thereof
IN WITNESS WHEREOF,the Grantor has executed this deed on the date set forth above.
4 '
FREDA LEE DREILING
STATE OF COLORADO )
)ss.
COUNTY OF ADAMS
The foregoing Warranty Deed was acknowledged before me this 23'"day of April 2002,by FREDA LEE DREILING.
Witness my hand and official seal.
My Commission expires: August 24/005
•
9.=0TAtjf
Notary Public
a'. t
.;,of���oQ..
.to Imo;M NNE I�
Wald Cady,CO
I of t R D_00 D OAS JJ1."WC Tatdostata
r+. QUITCLAIM DEED
THIS DEED,made this 3i°day of July 2002,between FREDA LEE DREILMG,of the County of
Weld and State of Colorado, Grantor, and FREDA L. DREILING LIVING TRUST, dated February 8,
2001,whose legal address is 4025 Weld County Road 23,Fort Lupton,Colorado,80621,of the County of
Weld,State of Colorado,Grantee;
WI(NESSETH,that the Grantor for and in the consideration of the sum of other good and valuable
consideration and the receipt and sufficiency of which is hereby
acknowledged,has remised,released,sold and quitclaimed.and by these presents does remise,release,sell
and quitclaim unto the Grantee,its heirs,successors and assigns forever,all the right,title, interest,claim
and demand which the Grantor has in and to the real property,together with improvements,if any,situate,
lying and being in the County of Weld,State of Colorado,described as follows:
Any and all interest I may own in:
Section 1,Township I North,Range 67 West of the 6°P.M.;and
Section 12,Township I North,Range 67 West of the 6°P.M.;and Section 7,Township 1 North,Range 66 West of the 6°P.M,
County of Weld,State of Colorado
DEED FOR TITLE PURPOSES ONLY,NO DOCUMENTARY FEE REQUIRED.
TOTAL CONSIDERATION PAID IS S500 OR LESS.
TO HAVE AND TO HOLD the same, together with all and singular and appurtenance and
privileges thereunto belonging or in anywise thereunto appertaining,and all the estate,right,title, interest
and claim whatsoever,of the Grantor,either in law or equity,to the only proper use,benefit and behoof of
the Grantee,its heirs and assigns forever
IN WITNESS WHEREOF,the Grantor has executed this Deed on the date set forth above.
7.t•eZt c
FREDA LEE DREILING
STATE OF COLORADO )
)ss.
COUNTY OF ADAMS )
The foregoing QuitClaim Deed was acknowledged before me this 3"°day of July 2002,by FREDA
LEE DREILING_
Witness my hand and official seal.
My Commission Expires: August 24,2005
=•�pTAAF r.• Notary Public
•
tGs)
GG'�_r
Affidavit—Phases 2, 3, 7, 8
As per the enclosed.Warranty Deeds dated June 20,2001;July 12,2004;November 27,
2001;and June 26,2000 Mineral Reserves, Inc., a subsidiary of the Lafarge Corporation, is
owner of portions of Sections 24 and 12, Range 67 West and portions of Section 18,Range
66 West, Township I North, 6th Principal Meridian, Weld County, Colorado. Mineral
Reserves,Inc. grants Lafarge West, Inc. the legal right to enter for the purposes of mining
and reclamation and the authority to apply for all zoning and permits required for such
operations- Minerals Reserves,Inc. also grants Lafarge West, Inc. the legal right to impact
and/or remove man-made structures,such as lateral ditches,fences,wells, and buildings,
for the purposes of said mineral extraction.
iL ii\44k
Signed: Date: \l I g / Ll
lJ
Name: if\ tv M 1 M-}
The forgoing instrument was acknowledged before me this - day of I Ion rothQ.Y , IDDLI=
- oR q� Notary Public
9l
My Commission Expires: a`(`J
Fr Lpion Pi!
DUG 112 Permit
Page 71 of 81
This Exhibit was updated in conjunction with the USR Application. June 23, 2005
EXHIBIT O
Owner of Record of Affected Land and Owner of Substance to be Mined
See attached Warranty Deeds in previous Exhibit N.
Mineral Reserves, Inc., do Lafarge West, Inc.
Land Department
10170 Church Ranch Way, Suite 200
Westminster, CO 80021
Lafarge West, Inc.
Land Department
10170 Church Ranch Way, Suite 200
Westminster, CO 80021
Donald L. and Suzanne Rittenhouse
205 N. Patit Rd.
Dayton, WA 99328
Steven S. McWilliams
12236 Weld County Road #8
Fort Lupton, Colorado 80621
Chikuma Family, LLC.
3550 Weld County Road 23
Fort Lupton, Colorado 80621
Freda L. Dreiling Living Trust
4025 Weld County Road 23
Fort Lupton, Colorado 80621
City of Thornton
9500 Civic Center Drive
Thornton, CO 80229
Ft.Lupton Pit
DMG I/7 Permit
Page 77 of 86
'o EXHIBIT P
Municipalities within Two Miles
The proposed site is located in unincorporated Weld County. The City of Fort Lupton is
the only municipality located within two miles of the Riverbend Pit. However, the
unincorporated community of Wattenberg is located less than two miles from the permit
boundary.
• City of Fort Lupton
130 South McKinley Avenue
Fort Lupton, CO 80621
Ft. Lupton Pit
DUG 112 Permit
Page 73 of81
EXHIBIT Q
Proof of Mailing Notices to County Commissioners
See attached.
Ft Lupton Pit
DMG 112 Permit
Page 74 of 81
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LAFARGE
NORTH AMERICA
Construction Materials
November 3, 2004 Certified Mail 7003 3110 0002 6079 4186
Board of Weld County Commissioners
915 Tenth St.
P.O. Box 758
Greeley, CO 80632
Dear County Commissioners:
Lafarge West, Inc. is in the process of requesting from the Colorado Mined Land Reclamation
Board a permit amendment for our existing Riverbend operation located just south of Ft. Lupton,
Colorado. As part of the amendment process, we are required to notify you of this application
for amendment.
The enclosed notice gives you the specific location of our site and sources for further
information. If you have any questions or need further information, please call Lafarge West,
Inc.:
Eric Reckentine, Land Manager: 303.657.4330
Suzanne Janzen, Land Specialist: 303.657.4421
Cordially,
LAFARGE WEST, INC.
Suzanne anzen
Land Specialist
•
Enclosure
LAFARGE NORTH AMERICA INC. -Lafarge Construction Materials
10170 Church Ranch Way,Suite 200,Westminster,CO 80021
Telephone:(303)657-4000 Facsimile:(303)657-4037
•
CERTIFIED MAIL
7003 3110 0002 6079 4186
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
Lafarge West, Inc. (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 Weld 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 Minerals and Geology (the "Division") and the local county clerk or recorder.
The applicant/operator proposes to reclaim the affected land to recreational uses. Pursuant to
Section 34-32.5-116(4), C.R.S., the Board may confer with the local Board of County
Commissioners before approving of the post-mining use. Accordingly, the Board would appreciate
your comments on the proposed operation. Please note that, in order to preserve your right to a
hearing with 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 Minerals and Geology, 1313 Sherman Street, Room 215,
Denver, Colorado 80203, (303) 866-3567.
Proof of Mailing Notices to Soil Conservation District
See attached.
Fr.Lepton Pit
MI6 112 Permit
Page 76 of 8/
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(JFARGE
NORTH AMERICA
Construction Materials
November 3, 2004 Certified Mail 7003 3110 0002 6079 4179
Platte Valley Conservation District
840 Broadway Ave.
Fort Lupton, CO 80621
Dear Platte Valley Conservation District:
Lafarge West, Inc. is in the process of requesting from the Colorado Mined Land Reclamation
Board a permit amendment for our existing Riverbend operation located just south of Ft. Lupton,
Colorado. As part of the amendment process, we are required to notify you of this application
for amendment.
The enclosed reclamation permit application form details the specific location of our site and
sources for further information. If you have any questions or need further information, please
call Lafarge West, Inc_:
Eric Reckentine, Land Manager: 303.657.4330
.- Suzanne Janzen, Land Specialist: 301657.4421
Cordially,
LAFARGE WEST, INC.
z anze
Land pecialist
Enclosure
LAFARGE NORTH AMERICA INC. - Lafarge Construction Materials
10170 Church Ranch Way.Suite 200.Westminster,CO 80021
Telephone:(303)657-4000 Facsimile.-(303)657-4037
CERTIFIED MAIL
7003 3110 0002 6079 4179
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
WELD COUNTY
•
Lafarge West, Inc. (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 Weld 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 Minerals and Geology (the "Division") and the local county clerk or recorder.
The applicant/operator proposes to reclaim the affected land to recreational uses. 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 use. Accordingly, the Board would appreciate your comments
on the proposed operation. Please note that, in order to preserve your right to a hearing with 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 Minerals and Geology, 1313 Sherman Street, Room 215,
Denver, Colorado 80203, (303) 866-3567.
CERTIFIED MAIL
7003 3110 0002 6079 4179
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
WELD COUNTY
Lafarge West, Inc. (the "Applicant/Operator") has applied for a Regular (1 12) reclamation
permit from the Colorado Mined Land Reclamation Board (the "Board")to conduct the
extraction of construction materials operations in Weld 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 Minerals and Geology (the "Division") and
the local county clerk or recorder.
The applicant/operator proposes to reclaim the affected land to recreational uses. 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 use. Accordingly, the Board would
appreciate your comments on the proposed operation. Please note that, in order to preserve
your right to a hearing with 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 Minerals and Geology, 1313
Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567.
Ft Lupton Psi
OM(i 112 Permit
Page 77 of 81
EXHIBIT R
Proof of Filing with County Clerk or Recorder
See below.
Ft Lupton Pit
DUG 112 Permit
Page 78 oJ81
CUSTOMER RECEIPT
DATE: AMOUNT PAID:
#DOCUMENTS: CHECK: CASH:
TYPE DOCUMENTS: REFUND:
►�� i� P m ---
` pen* • STEVE MORENO
O VP \1-� c ��� WELD COUNTY CLERK &RECORDER
BY:
Deputy Co Clerk & Recorder
This Exhibit was updated in conjunction with the USR Application. June 23, 2005
,._ EXHIBIT S
Permanent Man-Made Structures within 200 Feet of the Affected Land
The mining operation, as proposed,will not adversely affect any of the permanent man-
made structures within 200 feet of the permit boundary, excluding structures located within
the permit boundary and authorized for removal.
See attached table for all man-structures located within 200 feet of the permit boundary.
The following lists owners of fences, roads, and miscellaneous structures located within the
permit boundary and authorized for removal by the permit leases and/or affidavit found in
Exhibit N:
Mineral Reserves, Inc., c/o Lafarge West, Inc.
Land Department
10170 Church Ranch Way, Suite 200
Westminster, CO 80021
Lafarge West, Inc.
Land Department
10170 Church Ranch Way, Suite 200
Westminster, CO 80021
Donald L. and Suzanne Rittenhouse
205 N. Patit Rd.
Dayton, WA 99328
Steven S. McWilliams
12236 Weld County Road #8
Fort Lupton, Colorado 80621
Chikuma Family, LLC.
3550 Weld County Road 23
Fort Lupton, Colorado 80621
Freda L. Dreiling Living Trust
4025 Weld County Road 23
Fort Lupton, Colorado 80621
City of Thornton
9500 Civic Center Drive
Thornton, CO 80229
Ft Lupton Pit
UMG 111 Permit
Page 84 of 86
madam alai 2toNo
Hooter,--SIn"hare Structure Owner Min;s Phase PI0R.n Mating Address
e
1 Tawertler Ken McGee PHASE I Rittenhouse 199 Broadway,
ay Deriver.
CO CO 0202 •
^^ 2 Tat bbatlmy Ken McGee PHASE 4 Mceriwus 1999&
3 Teri balmy Kea McGee P/USEh McWilliams
oad•Kal,Dower.C080202
4 Separator Kerr McGee PHASE 4 MCWifans
5 Gas his KM 1440205-1973 Kerr McGee PHASE 3 Anderson
6 Gas his be-in Ken McGee PHASE 3 Anderson
7 11G powaYne Ailed Power PHASE 3 Anderson 18551 East 160th Ave Beaton,CO 80601
8 Gas Tine Kar McGee PHASE1 Rittenhouse
9 Gas fine Kat McGee PHASE 1 Rilaaho se
tO Gas Ire Ken McGee PHASE 4 MCNfians
II OG Gas Inc Kerr McGee PHASE S Chicane
12 Gas the new lbw irc Kerr McGee PHASE 5 Chkana
13 Gas Fe 164I5BJ' Kan McGee PHASE 5 Cljvna
14 Gas fine Ken McGee PHASE 5 CMlone
15 Gas ite 16-108' Ken McGee FliASE 5 Chtona
16 Gas brie 16-21-C Ken McGee PHASE 5 Ctitana
17 Gas fine Conoco Phillips PHASE 5 Chtema 3960 East 56111 Commerce City 90022
18 Gas bhe Kerr McGee PHASE 5 Caton
19 Gas bne BP Gas PHASE 5 CNuna 16601irmitDerwer CO 8026•
19 Gas fine BP Gas PHASE 3 Anderson
20 4.16 plastic Gas fine KP Ka llman PHASE 5 Cltom 1675 Broadway,Dawes CO 80202
71 Flow Tine Kerr McGee PHASE 5 CMnona
72 Tat battery Ken McGee PHASE 5 Chtom
23 Abandoned tic gas ha Comm Plaips PHASE 8 Myrna
Pardoned 06 gas tare Conoco Philips PHASE 7 MElt Farms
25 11G Vas Tine Kerr McGee PHASE 7&8 MFM Famis/Myrna
*el and lane Ken McGee PHASE 3 Anderson
27 Block Valve BP Gas PHASE 3 Anderson
28 Gat well heal in lased enclosure Ken McGee PHASE 1 Rittenhouse
29 Schoch Ken McGee PHI.SE 1 Reten case
30 Gaswel Ken McGee PHASE 4 McWYans
31 Gas wet(soar power) Ken McGee PHASE 5 Chain
32 Gas wet Ken McGee PHASE 5 Chluana
33 Tat 1221=TIMMalarnal 3435 Gas antic Kea McGee
36 Gas well Ken McGee PHASE 5
PHASE 5 Charisma
Chlusna
38 OH MIE 39 • Power Yhi =MN Anderson
UnitenaPowerC
n OH Power Tines United PowerGMaa:T=TEIM
al UG United Newer PHASE 3 And.
a __
J UG line Kerr McGee PHASE 5 Catursia
b Tank Dal Ken McGee PHASE 5 Chkuma
4
5 VaNes Ken McGee PHASE 5 Chkuma
46 Abandon VVater Web PHASE 7 MEM F. ma
_
47 OH Power byes United Power PHASE 4 MciMlbams
48 J Box Abandon, ..
alMIM Abandon 0G.s rinne Conoco• • : it a•Ii••— ren
a• MFM FamsThAyna58
—
ir�}���►'1PHA5E ins LM..r>,n•.+J.�.,
60
61
62
63
64 tic.as line
:'atrT .Ja�L1:n4'.GJLO.lLdII�PHASE 768 _________ 4'a
PHASE 5 tS '..
• PHASE S 6'4sd4�Jt>•
PHASE 4
Power trans United Power I
Oft Power Ines— Dated Power
65 OH Power fines — _ United Power
67
Payer Line — United Power G�
68 Gas weg �tial , PHASE 788 I.Via,T},,,a,..,1� I
._ _.. -..
•••.•auk
lan=Thwo
Thomt
PHASE 6 Tlonnw _
. 74 Tank' PHASE 6 T
75 el . PHASE 677 UG bow line urner road Ken McGee
T
ilron8m
78
81 -- 1)6•...•,- tilled Power PHASE 5 Chtuna _-
82 Gas well --.—. Ken McGee __ --. PHASE 5 Chbna --
90 DG• • •Tire _. OwesW5 West PHASES Chore 12680 VCR 58
9l OH. • -line PHASES Ghana
92 GG Gar line Ken McGee PHASE 5 Gams
93 _ ticGa.. - _ Kerr McGee PHASE 5 MFM F
94 DG•• - United Power _ PHASE 788 MGM F.,
rw
95 1• •. • -ire PHASE 7 MFM FarrnaMyna
96 t1G•• United Parer _ PHASE 7 Mf M E.
Kerr 97 Wet head fenced - K McGee PHASE 788 MEM Fanns1M_ytna 9 --
10 Wala wet 6 f eras enclosure McRP Kaiarnt PHASE 4 Holden
102 Kiel Head RP KahMman PHASE 2 Norden
102 Gas b•e _,_--KP Kauffman PHASE 7 Anders
lOJ Warta Well lalage Phase 3 Anderson
Geotechnical Stability Exhibit
Weiland, Inc., a consultant of Lafarge West, Inc., completed the attached geotechnical
stability analysis.
Ft Lupton Pit
DUG 1/2 Permit
Page 80 481
GEOTECHNICAL SLOPE STABILITY ANALYSIS
FORT LUPTON PIT
Prepared For:
LaFarge NA
1400 W. 64th Ave
Denver, CO
Prepared By.
Weiland, Inc.
10395 W. Colfax, Suite 350
Lakewood, CO
303-436-0951
September, 2004
Welland. Inc._
Environmentai & Engineering
1.0 SLOPE STABILITY ANALYSIS
A slope stability analysis was performed for 21 separate proposed gravel pits.
The purpose of the analysis is to evaluate safe setback distances for pit
excavations from permanent man-made structures and hydrologic features.
1.1.METHODOLOGY
The digital model SB-Slope developed by Von Gunten Engineering Software, Inc.
was used to predict a safety factor for a given pit wall configuration. Soils layers
for a given pit cell were entered into Autodesk Land Desktop Development 3 and
point files for line geometry were extracted to text files. Phreatic surfaces were
predicted utilizing the Theis solution for 100 ft distance from the pit dewatering
trench and the Dupuit-Forchheimer approximation was used to predict the
drawdown curve closer than 100ft from the dewatering trench. Phreatic surfaces
near streams were approximated based on a typical stream recharge cross
section.
1.2.DATA INPUT
Model input consisted of soil layer geometry described above and soil physical
strength parameters. Soil strength parameters were taken from a memo from
Alan Sorenson of the Division of Minerals and Geology and Design of Small
Dams. The soils input data are summarized in table 1. Graphical and numeric
input data is given in Appendix I for each mining Phase and Cell.
Table 1 — SOILS DATA
Stratigraphic Layer Density Cohesion (psf) Phi (4)
(pcf)
Silt and Clay—ML 90 4 34
(moist)
Gravel (moist) GW- 130 0 35*
unsat.
Gravel (saturated). 137 0 35
GW-sat.
Weathered Claystone 142 0 14
(saturated)
Intact Claystone (dry) 150 500 25
1.3.MODEL OUTPUT
The model output failures and safety factor are given in Appendix I for each
mining phase and cell. Table 2 summarized the recommended setback for each
mining phase and cell.
Table 2- Recommended Setbacks
RECOMMENDED RECOMMENDED
SETBACK FROM SETBACK FROM REFERENCE
PHASE CELL STRUCTURES STREAMS FIGURE(S)
[Fri
PHASE 1 CELL 1 57 75 1
CELL 2 57 75 2
PHASE 2 CELL 1 63 83 3,4
,.� CELL 2 62 83 5,4
PHASE 3 CELL 1 36 75 5
6
PHASE 4 CELL 1 43 75 7,8
PHASE 5 CELL 1 31 38 9,10
CELL 2 31 38 9,10
CELL 3 65 80 11,27
CELL 4 60 81 12,13
NA -Constrained by Gas
CELL 5 56 Line 14,15
PHASE 6 CELL 1 38 56 16,17
CELL 2 38 56 16,17
PHASE 7 CELL 1 38 50 18,19
CELL 2 51 NA 20
PHASE 8 CELL 1 51 NA 21
PHASE 9 CELL 1 50 NA 22
PHASE 10 CELL 1 44 75 23,24
CELL 2 52 71 25,26
CELL 3 52 71 25,26
PLANT AREA CELL 1 52 71 25,26
1.4.DISCUSSION
In some cases cell depth and soil types were similar enough to allow setbacks to
be determined from the determination of another cell. For example, the depth
and soil types of cell 2 and cell 3 of phase 10 were similar and therefore setback
recommendations for cell 2 are based on analysis for cell 3.
Overall, recommended setbacks are consistent with values used for other pits
previously analyzed by Weiland, Inc with similar soils and depth. Recommended
setback distances from streams could be tightened with better phreatic surface
data, however these analyses are based on conservative estimations and would
therefore satisfy regulators.
•
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