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Home My WebLink About20060572.tiff Page 1 of 1 Carol Harding From: Owttnbrg@aol.com Sent: Tuesday, March 14, 2006 7:49 PM To: Carol Harding Subject: (no subject) March 14, 2006 TO WHOM IT MAY CONCERN I am a resident of Wattenberg Co and lam very concerned regarding the proposal by Aaphalt Paving Co to built a cement batch and recycling plant and another gravel pit just west of our community being that there is already a gravel pit on the east side of Wattenberg. My biggest concerns are as follows: Water How is all the mining that is going on around our community affecting the well that supplies water to all the residents of Wattenberg? If the community well goes dry what are the people of Wattenberg suppose to do? This community has existd for almost 100 years. Most people here own their homes and they wouldn't have anywhere else to go. Traffic People have been killed on Rd 6 in the past by semi-trucks that travel too fast. With more trucks going from the gravel pit on the east side of town to the cement plant on the west side I am sure that there will be more people dieing. My biggest concern is that buses full of children travel road 6 to and from school everyday. As it is now the trucks coming out of the pits on HY 85 don,t stop and there has been alot of close calls. All the money in the world could never replace those children if an accident would happen. Pollution- dust- noise What kind of toxins are going to come out of the recycling plant? What kind of air will our children have to breathe? What about the dust and the noise. As a resident of Wattenberg I do not think we deserve to be surrouned by gravel pits and cement plants. I am positive the owner of Asphalt Paving Co wouldn,t want gravel pits and cement and recycling plants in his neighborhood. sincerely, Robert L Giron and Orlinda J Giron (g. EXHIBIT Q � _AL_ 2006-0572 LCSC#1533 3/15/2006 Page 1 of 1 Carol Harding From: Dmdeherrera@aol.com Sent: Monday, March 13, 2006 11:30 AM To: Dave Long; Glenn Vaad; Rob Masden; Bill Jerke Cc: Mike Geile; Carol Harding Subject: re:case number USR-1533 We are writing in regards to case USR-1533.We are surrounding property/mineral interest owners.We stongly oppose the Development Plans for a Mineral Resourse Development facility including a Concrete and Asphalt Batch Plant, Recycling Plant, Materials Blending, Import of Materials and Gravel Mining . We are located south of and adjacent to CR 6 and east of and adjacent to CR 23. Our concern is the effect of water issues. The possibility of our well drying up due to the water consumption of gravel/cement plant. Safety issues due to traffic increase. Already too many gravel trucks who drive too fast and do not stop at stopsigns. The school bus is a big concern for safety. Health and enviromental issues concerning toxic chemicals emitted into the air, soil, and ground water, please help us against the Development of this project. Thank-you, Arthur and Mary DeHerrera 1513 Caroline Ave. Ft. Lupton,Colorado 80621 303-659-1747 4. EXHIBIT 3/3 ec Z*/533 3/13/2006 x +9Y,p,. .� ,t y#Mtt'Akrd'1 4 ., f, 138 AASHTO—Geometric Design of Highways and Stre ii s ti l == N_IL1O N&n wN to 51 :z 9 a r N�� O w np w r :z to 8" tti W,02 Nta�N O O Ns§gNCN9OOtotOo owls r L tp 9 rrtp...t.0p Ncr.m hm 7 t0++0��fGgytl oo C w o?O6.N e°O1 o"11J t0 7774: t jn a (np trop on'ir ora otpna . y E o M N N(+l t^+l q to th o U NI I • littt+n+��mn �npnao rpmwttotm •+ II Y2st- ! httpAvpoo7o�ppao ' '8n • co • E m0 Ntlfn O��N NM V O m N a. C m m cc 00 v $ M cy m X3 R3 rwi o CD oLL 00000000000 c fJ o To n aa) y ._._ .. „1' . .. ton o to htp o ot�f n o to h E « O rw�t"""°aD RN N Ol co G Y44! t7 aOmpAt7tJrtp: t�I O1p� 1� 1- 0 •� Y — rW ortN�f VwnBi NN O C a s o o m r N O f1 w w in w to to Le? LP to to to . m 0 tV N N N N N N N tV N N m n m m E a 0 CO F Ea '«r WAIRM$ at4it't'nt§twoR a m c E RNP$tNnc`gi4� t`i�tt�°� w mac— Qwo w o m cv— .- 00=a RNtgit'0oqat4it�t4`�R Ow— O m LIT =our 1 I cc, II 4.9 ...ght Distance 1. Permits shall not be issued that include any design element or allow any turning movements where the sight distance is not adequate to allow the safe movement of any motorist using or passing the access. 2. The following table shall be used to determine the required horizontal and vertical sight distance necessary as measured from the vehicle traveling on the highway to the access. TABLE 4.9.2 Posted speed,MPH 30 35 40 45 50 55 Required sight distance in feet 200 250 325 400 475 550 a. This table is based on wet pavement conditions and the average vehicle maintaining the posted speed limit. These lengths shall be adjusted for any grade of three percent or greater using the tables in 4.8.5. b. For calculating this sight distance, a height of 3.5 feet shall be used for the driver's eyes and a height of 4.25 feet shall be used for a vehicle assumed to be on the centerline of the access five feet back from the edge of the traveled way.The driver's eye shall be assumed to be at the centerline of the inside lane (inside with respect to the curve) for measurement purposes. 3. In addition to the sight distance necessary for vehicles traveling on the highway to see vehicles or objects in the traveled way, it is also necessary to provide the entering vehicle adequate sight distance in order to enter or cross the highway. The following table shall be used to establish the minimum sight distance necessary for the entering vehicle. TABLE 4.93 'Vehicle expected to Sight distance in feet for each enter or cross highway 10 MPH of posted speed limit along highway 21ane 4 lane 6 lane Passenger car 100 120 130 Single Unit Truck 130 150 170 Multi-unit Trucks 170 200 210 'a. The vehicle shall be the largest vehicle normally intended to use the access in excess of an average of one per day. b. Sight distance shall be measured at a height of 3.5 feet from the entering driver to a height of 4.25 feet for the oncoming vehicle. c. The entering driver's eyes shall be assumed to be 10 feet back from the edge of the traveled way. d. If there is no median or if the median is too narrow to safely store a left turning or crossing vehicle (a 20 foot minimum for passenger cars), both directions shall be considered from the access location. 37 ¢ , .„...., i, o rac-.4. l i • d I, IL r 1 J ,. WELD c ,- ,-, „g, C ,t 4 ,L,_.,. 11%L_Ii_frii, t , . ) r.' . ' -- • r 4'1yt 2 r r,. "144, -:. I 7444 / �: ' t1 0 x . 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S �, 0 i'' f' . ¥^ T 111 !_ 19 21 23 25 27 R 67W PU PLC ZC70 i, • • • AGREEMENT This agreement is entered into this V4®rday of y�A 2006between ASPHALT i PAVING COMPANY ("APC"), and the WATTENBERG1MPROVEMENT ASSOCIATION, INC ('Wattenberg") WHEREAS, APC seeks to develop and operate a sand and gravel mine operation with concrete and asphalt plants, known as the Wattenberg West project,to be located generally in portions of the NW Y.of Section 25, Township 1 North, Range 66 • West, 6'"P M ,Weld County, Colorado, on lands described in Exhibit A, and comprising i approximately 135 acres (the "property"); and WHEREAS, in conjunction with the Wattenberg West project, APC has filed or will file among other filings,a DMG Regular 112 Construction Materials Reclamation Permit application with the Colorado Division of Minerals and Geology("DMG"), one or more well permit applications with the Colorado State Engineer; and a Use by Special Review Permit application with Weld County; and WHEREAS,APC, in conjunction with one or more water providers,will be developing water reservoirs on the site; and WHEREAS,Wattenberg is a community water provider which provides water to I its customers from the Wattenberg well, Permit No 16006-F. The well was decreed by the Water Court,Water Division No. 1, in Case No 83CW167, and is located in the SW r 1/. NE Y.of Section 25, Township 1 North, Range 67 West of the 6'" P M in Weld County (the Wattenberg well, including any replacement thereof, is hereinafter referred to as the "Wattenberg Well"); and WHEREAS, Wattenberg's customers are located in the vicinity of the Wattenberg West project; and WHEREAS, Wattenberg and APC are mutually interested in protecting the water supply system, including water quality, water quantity and water levels in the Wattenberg Well; and WHEREAS, APC desires that Wattenberg not oppose its permit applications to mine the property and create water reservoirs NOW, THEREFORE, in consideration of the foregoing recitals,the mutual covenants contained herein, and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1 Mining Techniques APC Intents to use both wet mining and dry mining techniques at the Wattenberg West project Dry mining will occur through the installation of a slurry wall with the use of dewatering trenches and pumps. The slurry wall will be constructed around the perimeters of Ponds 2 and 3 (as shown on Exhibit B ) The slurry wall will be designed and constructed in a manner that will ensure that the reservoirs ' meet the performance standards of the Colorado State Engineer and all requirements of i93 L. • • • siC. . the Division of Minerals and Geology A slurry wall will not be installed around Mining Area 1 (as shown on Exhibit B ) 2 Measurement of Water Levels—Wattenberg Well and Monitor Wets APC has installed five (5) monitoring wells (the five monitoring wells and any replacements thereof are hereinafter referred to as"Monitoring Wells")around the planned mining site in order to develop information concerning existing water levels in the area affected by mining and reservoir operations. Said Monitoring Wells are located approximately as shown in Exhibit B Upon execution of this Agreement, APC shall monitor the water levels in the Wattenberg Well to establish a baseline water level in the Wattenberg Well, and shall include the Wattenberg Well as pad of the monitoring program described in paragraph 4. APC and Wattenberg shall cooperate to enable APC to conduct such measurement and monitoring of the Wattenberg Well without disruption to the Wattenberg customers The parties understand that upon completion of mining, Reservoirs 2 and 3 will be used by a private or public water entity to store approximately 1,000 acre-feet of water APC agrees that its contracts and agreements with the reservoir owners will include the requirement that water levels in the Wattenberg Well and the Monitoring Wells shall continue to be measured on a monthly basis until the reservoirs are filled, and for a period of one year after the reservoirs have been filled, and that APC shall be allowed access to the Monitoring Wells for such purpose APC shall prepare each monthly report of such measurements, setting forth water levels as measured, to Wattenberg within ten days of completion of measurements 3 No Unreasonable Disturbance The measurement and monitoring activities described in paragraph 2 above and the water quality testing described in paragraph 5 below shall be conducted in a manner that will not cause unreasonable disturbance to the lands,wells, and/or other improvements of Wattenberg or its customers APC shall be responsible for any damage resulting from said measurement and monitoring activities and such water quality testing and for restoring any such damaged lands, wells, and/or other improvements as a result of APC's activities 4 Monitoring Program Groundwater Elevations. In order to evaluate dewatering and slurry wall effects (including the operation of the slurry wall after mining has been completed and water is stored),APC commits to continue measurement and monitoring of the Monitoring Wells and the Wattenberg Well as herein provided. The wells will be monitored on a monthly basis and results of the monitoring effort will be submitted to the DMG and Wattenberg along with other annual reporting requirements Collected baseline data (data collected prior to mining below the groundwater table or installation of a slurry wall) is expected to provide a range of relative water levels associated with pre-mining groundwater conditions APC believes, based on data collected to date from the Monitoring Wells, the typical alluvial groundwater elevations along the South Platte River near the site tend to fluctuate between two and four feet each year, being highest in the summer and lowest in the winter and early spring. With the baseline information established, monitoring data collected during mining and reclamation activities will be used to identify potential groundwater effects during dewatering and installation of the slurry walls Data collected during and after the reservoirs are filled will identify potential groundwater effects from storage of water in the reservoirs. Monitoring data collected during the mining and reclamation activities, and during and after the time the reservoirs are filled, will be evaluated and compared to the established baseline data. If the groundwater elevation in the Wattenberg Well increases or decreases by two (2) or more feet from the seasonal range, and the measured elevation is consistent with groundwater elevation trends at one or more of the other wells on site, the DMG and Wattenberg will be notified within seven (7) days After the DMG and Wattenberg have been notified, APC will review data from all the Monitoring Wells and the Wattenberg Well and submit a report to the DMG, with a copy to Wattenberg, within thirty(30)days. Changes in measured groundwater elevations will be evaluated based on natural groundwater fluctuations and changes in non-project related local conditions including precipitation, river flows, and land use. The report will present results of the evaluation and identify any potential impacts associated with the change Mitigation of potential impacts caused by changing groundwater elevations will be addressed based upon the specific location and nature of the impact If APC's activities such as dewatering, installation of the slurry wall, or other mining or reclamation activities, or if storage of water In the reservoirs, changes the groundwater elevation which may create adverse impacts to adjacent properties or the Wattenberg L, Well, and the measured elevation is consistent with groundwater elevation trends at one or more of the other APC Monitoring Wells or any other wells on the property, the adjacent property owners and Wattenberg will be notified and the impacts will be addressed to the satisfaction of the DMG and impacts to the Wattenberg Well will be addressed to the satisfaction of Wattenberg as well. APC will coordinate and cooperate with Aggregate Industries or Its successors and Wattenberg in such an evaluation Water Quality The parties agree that quarterly tests of the quality of untreated water in the Wattenberg Well will be conducted at APC's cost prior to installation of the ir slurry wall, and baseline parameters will be obtained for nitrates,turbidity, total F_ suspended solids, total dissolved solids, and hardness Prior to completion of the slurry wall, descriptive statistics such as mean, median and standard deviation acceptable to both parties will be developed for each parameter based on the quarterly testing. When the data has been obtained for at least one year, and the descriptive statistics compiled, the parties will agree upon appropriate mitigation triggers based on deviations from the baseline data The quality of untreated water in the Wattenberg Well will be tested for the same parameters quarterly at APC's cost following commencement of construction of the slurry wall, and the mitigation triggers - will be applied to determine if quality degradation has occurred 441 If,following completion of the slurry wall, no quality degradation in such parameters is shown during two consecutive quarters, quality testing will be undertaken at APC's cost at six-month intervals If no quality degradation in the parameters tested is demonstrated for a period of two years following commencement of the six-month testing intervals, APC shall not be required to undertake any further water quality testing, unless the slurry wall develops a leak or is otherwise compromised, in which case • quarterly testing will be resumed and the above-described quality testing process and schedule will be re-commenced APC will evaluate the water quality data obtained pursuant to the above- described testing process, investigate causes of any quality degradation, prepare a report and submit a copy to Wattenberg and DMG within 30 days of obtaining the quality data The report will present results of the water quality evaluation, identify any activities or conditions associated with the change in quality, and set forth plans for mitigation of any adverse impacts caused by APC. Mitigation must be addressed to the satisfaction of DMG and Wattenberg 5 Mitigation Program If dewatering of the Wattenberg West project or installation of the slurry wall or mining activities or storage in the reservoirs creates • injuries to the Wattenberg Well, APC will take all necessary actions to remedy the injuries. Injuries may include, but are not limited to, inability to obtain the needed water supply from the Wattenberg Well, adverse effect on rate of recovery of the Wattenberg Well, increased pumping casts,water quality degradation, increased costs of operation, maintenance, repair or replacement of the existing reverse osmosis filtration system, or any other injury to Wattenberg's decreed water rights due to installation of the slurry wall or dewatering at the Wattenberg West site by APC, or mining activities or storage of water in the reservoirs. If such Injury occurs, APC will promptly implement one or more of the following mitigation measures which may include, but are not limited to: a. Modification of the existing Wattenberg Well to operate under lower groundwater conditions This may include additional drilling of the existing Wattenberg Well to deeper depths, or lowering the pump All work will be done at APC's expense b. If the existing Wattenberg Well cannot be repaired or modified to enable it to operate under changed groundwater conditions, APC will drill a new well at APC's sole expense for Wattenberg to replace the damaged well The new well will produce water of the same quantity and quality to support its decreed use The design of any new well will be comparable to the existing well c Provision of an alternative source of water to support the decreed water use Additionally, installation of the slurry wall will be deemed to create mounding or shadowing impacts affecting the Wattenberg Well if two consecutive monthly measurements of water level in the Wattenberg Well show a water level increase or decrease of at least 2 feet, and in the event of such water level increase or decrease, • APC will take appropriate corrective action Mitigation measures may include, but are • not limited to: • a Pumping from mounding areas or mine dewatering operations to recharge ponds in shadowing area b Installing surface or underground drain systems to transport groundwater from mounding areas to shadowing areas c Diverting surface water flows to recharge ponds in shadowing areas • Finally, if installation or presence of the slurry wall or mining operations adversely affects the quality of water In the Wattenberg Well, APC will take appropriate corrective action, which may include installation of additional filters on the well, additional water treatment methodologies or facilities,or payment of Wattenberg's increased operation, treatment, repair or replacement costs resulting from such quality impact, including any increased costs that may be incurred by Wattenberg in connection with operating and maintaining its reverse osmosis water treatment system, and discharge of the resulting effluent into the South Platte River in accordance with its discharge permit Wattenberg may invoke the provisions of paragraph 4 and this paragraph 5 as often as may be necessary to protect Its well and water rights APC will attempt to coordinate with Aggregate Industries in such mitigation plans, but cooperation of Aggregate is not a condition precedent for the performance of APC described herein 6 Escrow Account The parties recognize that some impacts may require immediate emergency mitigation, for example, a total failure of the Wattenberg Well Therefore, prior to commencement of any construction or mining activities on the property, APC will establish an escrow account with an escrow agent reasonably acceptable to both parties in the amount of$35,000 for the primary purpose of providing immediately-available funds to allow immediate emergency mitigation to be undertaken without awaiting a determination of responsibility for the impact Upon occurrence of such an event,Wattenberg may, upon written request to the escrow agent, withdraw some or all of the funds in the escrow account in order to provide for immediate emergency mitigation, such as arranging for water deliveries from another source Should it be determined that the event requiring emergency mitigation is an event for which APC is responsible, APC will, within thirty (30)days of determination that the event is an event for which APC is responsible, replace in the escrow account the amount expended for such emergency mitigation, up to a maximum escrow account balance of$35,000 Should it be determined that the event requiring emergency • mitigation is not an event for which APC is responsible, Wattenberg will reimburse to the escrow account the amount withdrawn for such emergency mitigation within thirty(30) days of determination that the event is an event for which Wattenberg is responsible Wattenberg may also make withdrawals from the escrow account upon written request to the escrow agent if mitigation required by paragraphs 4 and 5, or water main repairs required as provided in paragraph 7 below, are not undertaken and completed within a reasonable time, in Wattenberg's reasonable judgment In such event,APC will, within thirty (30) days of the escrow account withdrawal, replace in the escrow account -5- i • the amount expended for such mitigation, up to a maximum escrow account balance of $35,000 If Wattenberg is required to reimburse the escrow account as set forth above, and fails to do so within the thirty(30)day period provided for such reimbursement,the amount owed by Wattenberg to the escrow account will bear interest at the annual rate applicable to the escrow account on the date that reimbursement was due, and said interest shall be paid or credited to APC Furthermore, the parties recognize that increased truck traffic is likely to occur on WCR 6, as a result of APC's activities and mining activities of others in the vicinity, and that this increased traffic may increase the likelihood of a water main break on Wattenberg's water main located in the WCR 6 easement. The parties recognize that in the event of a main break on said water main, it may be difficult to allocate responsibility The parties therefore agree that Wattenberg may withdraw funds from the escrow account upon written request to the escrow agent in an amount necessary to repair any such main break, without the need to first determine responsibility for the break If the main break can reasonably be demonstrated to have been caused by the activities of APC, its contractors, agents or employees,APC will replenish the escrow account by the amount withdrawn to repair such main break However, if the main break cannot be reasonably demonstrated to have been caused by the activities of APC or its contractors, agents, or employees,APC will not be required to replenish the escrow account by the amount withdrawn for such repairs In such event, Wattenberg will reimburse the escrow account by the amount withdrawn for such repairs within thirty days (30)of the date on which it is determined that the main break cannot be reasonably demonstrated to have been caused by the activities of APC, its contractors, agents, or employees. If Wattenberg does not reimburse the escrow account within said 30 day period, the amount owed to the escrow account will bear interest as described above Fees and costs associated with the escrow account shall be paid by APC. 7 Access to Mining Operations APC acknowledges that oversized commercial vehicles and heavy equipment associated with its operations at the Wattenberg West project will utilize only WCR 6 adjacent to the town, and agrees to work with Weld County Public Works to ensure that appropriate safety measures are installed APC agrees that any damage to Wattenberg property, including but not limited to damage to water mains located adjacent to WCR 6, caused by APC vehicles or heavy equipment,will be the sole responsibility of APC and will be fixed in a timely and efficient manner to the satisfaction of Wattenberg 8 Conveyance of 8.88 Acre Buffer Parcel and Irrigation of Buffer Parcel APC is the owner of an 8.88 acre parcel of land located adjacent to and west of Wattenberg, within the NE 1/4 of Section 25, Township 1 North, Range 67 West, 6th P M , also known as Weld County Parcel Number 146925100028 APC agrees to deed this parcel to Wattenberg at no additional consideration after approval of the Colorado _ Department of Minerals and Geology Application for Construction Materials Regular 112 Permit, application number M-2005-066, or any amended or replacement application thereof, and the Application for Weld County Use by Special Review(USR) Permit for -6- Mineral Extraction and Processing, application number USR-1533, or any amended or replacement application thereof, and on or before the commencement date of mining activity The deed of the parcel to Wattenberg shall convey the parcel to Wattenberg to be used for civic or community purposes, including but not limited to a community park, recreation center, meeting rooms,water system infrastructure(such as wells, water treatment facilities and tanks), and wastewater system infrastructure, but not for commercial development or residential purposes APC will use best efforts to assist Wattenberg in obtaining irrigation water, at no cost to Wattenberg, in the amount, at the times, and at the location necessary to enable Wattenberg to reasonably irrigate the parcel for public park, playing field,for other community purposes In particular APC will negotiate for such irrigation water on behalf of Wattenberg with the party or parties (expected to be a municipal water provider)who will develop APC's property following completion of mining. 9 Mosquito Control; Dust Control; Noise.Wet mining activities of APC and post-mining construction and completion of reservoirs at the mining site may increase the mosquito population in and around the Wattenberg community APC agrees that it will engage in mosquito population control, at its expense, in and around the mining site and proposed or constructed reservoirs in and around the mining site Wattenberg agrees to cooperate with APC to allow it to implement the necessary safeguards APC, at its expense, will comply with all requirements imposed by federal, state or local laws, regulations or permits regarding dust suppression, and noise restrictions and, in addition to any such requirements, will take reasonable steps to assure that dust is reasonably suppressed in and adjacent to the Wattenberg community, and that noise from APC's operations is reasonably minimized after 5:00 p.m and on weekends and holidays recognized by the United States government. APC's noise reduction efforts shall include, but not necessarily be limited to, installation of a 6 - 10 foot high berm on the eastern property line of the southern parcel of the property, and planting and maintenance of trees on or adjacent to the berm In addition, representatives of APC will meet with Wattenberg's board or designated representatives at least quarterly, or more frequently as reasonably requested by Wattenberg to advise Wattenberg of its mining plans for the upcoming quarter, or more frequently as reasonably requested by Wattenberg including any anticipated nighttime, weekend or holiday operations, and the expected location, nature and duration of such operations 10 Pending Applications to be Consistent with this Agreement APC agrees that its pending DMG 112 Permit and any applications that have been or may be filed for • a Use by Special Review with Weld County are or will be consistent with this Agreement, and will recognize the terms and conditions of this Agreement, and will not contain terms or conditions inconsistent with this Agreement APC agrees that any well permit or replacement permit issued to it by the Colorado State Engineer's office shall recognize the terms and conditions of this Agreement and will not contain terms or conditions inconsistent with this Agreement. Wattenberg agrees not to file any objections to any applications filed with the DMG or Weld County related to the Wattenberg West project site, provided that such applications are consistent with this Agreement Wattenberg agrees not to object to a well permit or any replacement thereof issued for the 4/4 -7- i Wattenberg West project, provided that such permit is consistent with and will incorporate this Agreement, and any well drilled under the permit is located more than 600'from the Wattenberg Well,with the exception of a well permit for a gravel pit that exposes groundwater to evaporation as required under the provision of C R S § 37-90- 107(6) or C R S § 37-90-137(11) 11 Termination This Agreement shall terminate immediately in the event that either APC's reclamation permit application or its Use by Special Review application • has been finally denied, and no further appeal is available to APC, or upon occurrence of the latest to occur of the following conditions: (1)expiration of the reclamation permit described in the Wattenberg West project's DMG permit, or any extension or renewal thereof, or any subsequent permit for the Wattenberg West project,without commencement of mining activities; or(2) one year following completion of all mining and reclamation activities at the Wattenberg West project and the DMG's release of all bonds related to the Wattenberg West project,provided however that a period of at least 6 months of no de-watering has elapsed immediately prior to the termination, and further provided, that at the time of termination, any agreement between APC and any other party to provide any portion of the Wattenberg West project for water storage has been terminated; or (3) one year following storage of water to the full storage capacity of the Wattenberg West reservoirs. If termination occurs as a result of condition (2) but there has not been a period of at least 6 months of no de-watering immediately prior to such condition, then this Agreement shall remain in effect until such a 6-month period has elapsed If termination occurs as a result of condition (3),APC agrees to inform the purchaser of the reservoirs of this Agreement and facilitate negotiations between Wattenberg and such purchaser for continued monitoring and injury prevention mechanisms 12 Effective Date This Agreement shall become effective upon execution by both parties 13 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado Venue for any litigation regarding this Agreement shall be Weld County, Colorado 14 Notices Any notice or other communication required hereunder shall be in writing and shall be deemed effective upon personal delivery or within three days of the date on which such notice communication is sent by certified or registered U S mail, postage prepaid, return receipt requested, to the other party at the address set forth below that party's signature hereon. Either party may change the place for serving of such notice or communication by giving the other party at least ten days prior written notice in the manner provided in this paragraph Upon execution of this Agreement, each party shall provide to the other the name, address, telephone number and email address of a contact person with whom the other party may address any matters concerning this agreement Each party's contact _ person shall be reasonably available during regular business hours. In the event a party's contact person, or any information regarding the contact person, changes, that party shall promptly provide revised information 4 ,(ty -8- �/ is • 15 Binding Effect This Agreement shall bind and benefit the parties hereto and their heirs, successors, and/or assigns APC shall continue to be responsible for the obligations herein set forth notwithstanding any transfer or conveyance of all or any portion of the Wattenberg West project, or any real property associated therewith Any deeds, contracts, or other agreements regarding transfer or use of the Wattenberg West site (including any agreements regarding development of storage facilities at the site) shall provide notice of and agreement to APC's continuing responsibilities hereunder • IN rT'NESS WHEREOF, the parties have executed this Agreement this day of 200 ASPHALT PAVING COMPANY attn: Jeffrey W Keller, President • 14802 W. 44th Avenue Golden, CO 80403 By: ///�.. , .��L � � _ Date: /02/22/95--Je r l er • 6 Attested to by: -t• l� Title: CLt a:_..r 9h-.... STATE OF COLORADO ) ss COUNTY OLP-Tx)6/} av3 ) �) The foregoin strument was ac nov�d ed efore me this 470 day of , 2005, b�L C' Witness my hand and official seal M_,,.;,:.•;a; ion expires: 7'4i—Cci QQ/pfAqO-a /1 i /4.9„ p s f Not ry Public • rr\h‘OF CO�OPP� My Commission E.zplres0712412009 -9- WA'TT'ENBEG IMPROVEMENT ASSOCIATION attn: Frank Galicia, President 1924 Caroline Avenue Fort Lupton, CO 80621 By: O3/aD 4 Frank Galicia, President Dafe Attest: LL"� /- 3 U 6 Secretary Date STATE OF COLORADO ) • ss COUNTY OF The foregoing instrument has acknowledged before me thisr-3)1L0 day of -Rv\t,Lct✓in , 2006 by --tv C a v"k en. ca.1 i cCt>L —_-- Witness my hand and official sea!! My commission expires c--1 \0l O °I i Notary Public -10- EXHIBIT A Legal Description of Subject Property Lot B of Recorded Exemption No. RE-3007 (1469-25-2-RE-3007), recorded at Reception Number 2859529 on June 22, 2001, being a portion of the North 1/2 of the Northwest IA Section 25, Township 1 North, Range 67 West, 6`h Principal Meridian, County of Weld, State of Colorado; listed in the Weld County Assessor's Office as Parcel No. 146925000020; and South 1/2 of the Northwest 'A Section 25, Township 1 North, Range 67 West, 6th Principal Meridian, County of Weld, State of Colorado; listed in the Weld County Assessor's Office as Parcel No. 146925000002 5 I ` » ( } § | | . , | ) ' "2 Q \ « 7 | % | ( ! | § | I ; IFL I ! § - p : I ; . | 9§/! § � i ' !71i\§0` ` I HI 14 6 z 4 ) /^ I I $/ \ I , in U ME G ME / i ~ 1 \� � � } , i , = t---______—___2 \( �w + �\ ( 2± , ; ) I1 en \[ Vac" \, ° I' .t \i ! ` r / I _ \ ) \§ \ / y _ . . . - \ � » | , ° / . - \\ - 41 \\ ( / } \ \ . . � �2m . . 7 : .---- \��.� \ -� ` \ Asphalt Paving Company USR- 1533 Wattenberg West Sand and Gravel Mine et) 41 C) A r y li a . /Wattenberg e q--.J . Per• m. i ° TT ` 0 West . ; ,, l' -I, \ l -z1 }r EXHIBIT 1 -F _a.. - • Site Ownership • 18+ year history • Purchased specifically for gravel • Responsible utilization of resources at Perry • Mapped as a commercial deposit by CGS • Site compatible with Weld County Mineral Master Plan and Land Use Code O #1 Firi "Mira d ' _ I , ` Q 'LL ,, Wattenberg ` ,, Perr , I; ° m. ti West _x,_ 4 l y I) } '1 ' i _ , . 2 i . M,aT Art i, / re , I .„ t,ra:m....,,.. 1 ,, , Phase 1 I Lit / I i s. e i Phase 1 Slurry Wall Construction ( 3 ) c l (//-6, hat "aY Phase 2 5 3 �� j Phase 3 1 R j4$✓'r �pf z=_: i r 4 t .y„--5.,:-„/./ ,; r a F r r , ' /;115r17/," Vj Ytle� � .,- I r f /rJ�J J ,4 /:, yr r...' � ri'irl r i I/ 1. 4} l D ! :fy:1 � y/l 4,7,-;11/T-05-7-': //IJ-IJ//� "s «x�. -... ..„.._...,.e.....,_ 'y ,f. Yj, "11tf .7/kr,r^Z�,r ^ A'S/1. '� r am—...—_. " 742/fl/1 >Slrr fitylr yyr ( - < r4rJiPvl rl`' Jr /r4, rfe'l.Y✓Jt1f, -I,,,, ff✓'ef 41;"6'! ,+,. y .,`f,+f 1..0;?/:Sr>rF r" r o :-Corner of CR6 and CR23 — looking east 5 Ground Water • 5 on-site monitor wells plus town well • 2+ years baseline data before exposure • State well permit research • Computer modeling • Experience at Perry • DMG monitoring and mitigation requirements apply to all wells • No impact to ground water users Signed Agreements • Utilities: WAPA, United Power, Xcel, Qwest • Oil and Gas: MElll, Kerr-McGee • Brighton Ditch Company • Wattenberg Improvement Association 6 Permits • Reclamation Permit from DMG • State Engineer Water Supply Plan • Well Permits • State Health Permits • County Access, Building, Septic Permits Roads and Traffic • Access location safe/meets code • No increase in traffic — replacement site • Acceleration lane and left turn slot • Pavement maintenance • Committed to safety improvements • No trucks on Wattenberg town streets • No trucks on CR23 or CR4.5 Processing Plants • Portable • Temporary • Job specific use • No concrete recycling W.I.A. Agreement • Meetings with community and WIA Board for over a year • 8.8 acre up-front parcel donation for community use • Escrow account with immediate access • Municipal well monitoring and mitigation provisions — quality and quantity • Regular open community meetings 8 / . «< « � \ > / \ � aa«w . �\ ��>yw < "/~ � : y if;te ��<®� I 9 Enclosed in your packet is a petition, which was signed by the majority of the adult population of the Town of Wattenberg. (Attachment#1) The reason Residents of the Wattenberg signed varied Many of the residents are of the opinion that the owners of the gravel pits only concern is their bottom line. They only worry about making money. Many of those individuals are of the belief that the County Commissioners do what they do because; The Town of Wattenberg is far from the County Seat that the County Commissions do care about the community, OUT SIGHT OUT OF MIND, and That the Community generals such a small amount of taxes that we are insignificant to the Weld County; I personally wonder if the decisions being made by the Board of County Commissioners are because we are seen as a bunch of MEXICANS. Some Residents even joked that the individuals who make decisions that affect, probably couldn't find Wattenberg if they had to. The reason some of the Residents did not sign the petition was because of the agreement that the Wattenberg Improvement Association with Asphalt Paving. (Attachment #2). Some of these individuals have family ties to Board members of the Wattenberg Improvement Association and felt that it best not to sign as to not cause problems within their family. In 2006 the Town of Wattenberg will soon celebrate its 100`h birthday Wattenberg is more that a village situated off of highway 85, it is our home, we as residents of Wattenberg, still share a sense of community, and we know our neighbors by name. If you refer to, Attachment #3, you will see that the Town of Wattenberg is becoming an island, surrounded by gravel pits. We wake up every morning to the pollution from the gravel pits, not only the air borne pollution, but the noise pollution and the traffic congestion that these businesses cause. It is estimated that new gravel pit will increase the semi-truck traffic by seventy more truck traveling from West of Wattenberg to Highway 85. Some of the items to keep in mind are that at the present time there is already countless number of gravel trucks traveling Weld County 6, all of them traveling at rate a exceeding the posted traffic limit. EXHIBIT AASw Weld County Road 6 was not designed for such a heavy amount of truck traffic. In talking to some of the drivers of these gravel trucks, there is an incentive for them to complete as many loads as possible, the speed limit is of no concerns. The proposed hours of operation are DAYLIGHT hours, keep in mind that the gravel trucks start lining up on Weld County 6 before that gravel pit itself is open, which in a sense increases the gravel pits hours of operation. To complicate matters, Weld County Road 6 is the road traveled by the school buses serving the Fort Lupton school district. My concerns is that the increased travel will also increase that the possibility of accidents. I ask you if a school bus is involved in an accident with a gravel truck, is it worth the so-called progress On the portion of Weld County Road 6 traveling from Highway 85, west for approximately one and one half mile, I know of ten (10) individuals who lost their lives as a result of traffic accidents, in as many years. So, I ask you if a school bus is involved in an accident or any other accident as a result of the increased traffic, it may not concern you, however Wattenberg is such small community that if any one of our neighbors is injured or killed, it affect the whole community. The gravel pits that surround Wattenberg, create many lakes, are there plans in the works for controlling the mosquito population if we are forced to live next to LAKE WEST NILE VIRUS? We are being told that the gravel pits will not affect our wells. As you are aware Wattenberg's primary source of water is comes from a well, in addition there numerous private wells, what recourse will we have when our wells go dry. If you have doubts that wells go dry ask the residents who live and operate businesses East of Highway 85, along Weld County Road 27 had there wells go dry as a result to the gravel operations, and they were left on there own to solve the problem. In closing I would like to state that your decisions that affect the Town of Wattenberg are live changing decisions for the Residents of Wattenberg. By continuing to de-value our community and its residents, this board is responsible for killing a whole way of life. RESIDENTS OF WATTENBERG AGAINST USR 1533 We the undersigned, residents of the Town of Wattenberg, by affixing our signature to this document, register our request that the WELD COUNTY BOARD"OF COUNTY COMMISSIONERS vote "` against the BATCH/RECYCLING PLANT requested by Asphalt Paving. Date Name Signature Address 7 -5-35/ A Jr Z'B-o� N � Gy .p�(es.4 k Date Name / (VA e Addre s z 8-06. 11y4,� , R /no�i ¢//s3 q 1 662/ Date YName Sig Address /573 Ca......2,.;.,� are_ . of- ?' D r role soz-2_,/ Date Na e Signatu e Address se 2- i - G lc G4--\-\\ L 9e.�&er^rev' (fin .` De is13 6n, (6. �C.1Ae3A Fd.I..Q->v,n, Ca• S4t,z Date Name Sign tur Address a-6 g -0 (, / 2) .C 4t e_. Signature ® � `, toga/ Date N e gn Address �'t1f'�G 2 Asa/ gehtr/rA� V rl e ideiilleic, 'l/9 42t • (1404 A fit . Lcpton Ca. 7rz.ei Date Name Signature Address Date Nam 4'1 �Gi4-- F /d' / PG Signa e Address , c2/FA (. /2„/„,),,,.., J /%/r�2 j �a�v fire Y � ^L &. ft .Cli� C'a lZG a/ Date Name Signature Address 06 t5�3 C wotm¢ Nue. a—e— �r'tS % GuIQV•,7 cris3- �aalavrt -c4 U-IpVer• CO g0G31 Date ‘ Name Signature Address Lea He c r-ac a Ads-- Wtrvu nk, Date/" / Name m ///"/� Signature Address a — —� ti• 4.5 `-""'-, `V',lcre" 1 ( • O Care /, . �� Date Name Signature Address 1 I t I o?— Y- 0 4, m a,,,A, ( bra.rh.pczovvo Date Name Signature Address l7 l (P /Yl 'Cv-V A1Jt • Q-g-0(v ma•rl�c. D Antra. Y1'Jar�;..0.hi ,-�c., F L1, f2)-a n/, CO Date Name Signature Address gO bd./ • Date Name Signature Address I RESIDENTS OF WATTENBERG AGAINST USR 1533 We the undersigned, residents of the Town of Wattenberg, by affixing our signature to this document, register our request that the WELD COUNTY BOARD OF COUNTY COMMISSIONERS vote — against the BATCH/ RECYCLING PLANT requested by Asphalt Paving. Date //�� Name t (Signature Address Q-1-04 Gsndu/ea4 7*dgmL l �It�G� Ec�wa /d �bGz1 Date Name ignature Address . Date Name Si ature Address MaftktaJ eCdamt I1GGI tdu4rd 5t- Sy°A ir' Attelt rt ta. 1,an I'D ra49/ Dater Name Signature Address it ieSen tail) .Z/9 1 o ..Iz-1 .,� 'c. • told Date Name ignature Address// 2 r 0 f° iv t 44trr f� f- 7'� � 6i Date Name Signature Address A . pb 1r'l4 CamireAy, '1 4� c'o4,e, 1..,:r,14 4� ,ur&'L vi, • Luptt r-re'. Date Name ature A dress ��1 a ` L•flt 1�7 N Cg.•4I;�. e 7�vG FU 2 0 'Yl Ir V �"✓� % ( ( _ d h� k1 1e in Ca 8 oc 2 Date Name S ature Address /9 z3 Qs t flip ate ame Sign Address 4..e/ ..-'41/,;)/7',E /� J- c lv�r �i /7 7,3 i%r .., '' > � 7e'L73, :to ec>6c f Date Name Signature Address ois 70 ,`bi0es Les Jon, m . C4/ ...r3 t m_ sF Date Name Signature Address 47/g - . nat Eg)ai S4. Qlihe .., 4ehrnaQ',.,•a.t pla u... I--f a .gI Date Name Signature Addres / //S/Oede . .2 74__ �eAn R. aM s K h� crysiba al.94160 /o ?Mai e Name Signature Address a its/a Ed& d SA L. o n is ,.Go 4 0,4. 40,‘,2„ a e Name Sig re Address 24- a( t,(:,,�, kip AA. -5_ (V..�. ... it ____PA- Per, 4,4 Date Name gnature Address la06 N � �nc(,�r ._ G3 4 U� A • RESIDENTS OF WATTENBERG AGAINST USR 1533 We the undersigned, residents of the Town of Wattenberg,by affixing our signature to this document, register our request that the WELD COUNTY BOARD OF COUNTY COMMISSIONERS vote against the BATCH/ RECYCLING PLANT requested by Asphalt Paving. Date Name Signature Address �,�� o //lO0 ci Tut: u S S71- - 1- 11- OE W44 t t Wa. k.. att elaG's! Date Name d- Signature Address or•C/.'O � 6604-/} / 70 /� Date Name Si ature Address —0 C Date Name t nature Address .2 11. 0 C /6'S Mei/ A Y4 a.nrrslo ews° „! a rk cot 7/. lit p 4,.1 edi L.SO4 t/ Date Name Signature Address G, / ♦ f /!—e,6 heir 1•a`La ;(OS w Date Name Signature A ess late May j e mike a-(1-o, De [ evv �� __ ( O Date Name gnature Address p.,,, ,(�� l l 3 toff �hi ‘44,4 Pc -e. •- I( -0 to IK4 c od t be Crre roe- 1` ` -ou — cr-4 `•-_P C e 96 b t 1 Date Name Signature Address 2-i/•O °GIl Date Name Si tune Address oar 4 /9 J( /171 ry /4G e. V// C. '70 HIsny Dc.//crrca R /c-�4•.plio-� C-✓# inn.,'Date Name Signature Address 2 /1 o C6,0*!/-. Rr�J� t, g�.irltt t, Prid rra, U , L !�� Th o Date Name L Signature Address '' f ,(!(J Z.,-H.- ;.] �j 16i0 _� i^-4./vi -e ...I 1-0(D k aci (C,n.H� r7r,4j 7:1;i i:�,rg / /i I el 17/l,-� O /J(a�.( Date Dame I Signature Address J I ' r b " 2.; ✓iie ' 1-": -., �ut^ -f0N �o. j./�O 21 Date Name/ Signature A d ass gar-MCI Itz- 2 -1/—OO 1,se 0406St J c44 t t,g- L- Date Name Signature Address Date Name Signature Address 2 -11`Q �Y /78/5 Mat/ qt'.¢ DC ,✓ fizzac F]`- G ajoi-v/J c.. e&C,7/ RESIDENTS OF WATTENBERG AGAINST USR 1533 We the undersigned, residents of the Town of Wattenberg, by affixing our signature to this document, register our request that the WELD COUNTY BOARD OF COUNTY COMMISSIONERS vote — against the BATCH/RECYCLING PLANT requested by Asphalt Paving. Date Name Signature Address 2- it -a CO U 53.e_ lYtte lLs eGQ_QA� cgs t�,r,t .n e. R( l Date Name Signature Addres 1E`0 MAIL Avt 2.11 - 0 C Ai-tkviv v¢ way +J Vf ok.Gkb 2cz& Date Name ignature Address —I I— 0(o P sa l I a, (pc)I u cc, �c-ae-efe�./,�a,�.e, , F+-• i ~ 0 co v Within, rota-/ Date Name Signature Address /(0.5'3 G'2nit.n.c. Clue • x1-11-or, t)a bb; J• ' .S-. ' t .i , co rO4,Z/ Date Name Signat r — Address Ree3 CAA-chile ante • Q3-11'0 /-}• lxeC•s.k, ,. FDr-f- acrtvn CO diV/azi Date Name S ature Address Date Name Signature Addr ss -,V-//- vl. � � /6'�G Mrf2 V ��GE �Gll?Utn�G G/jOtc� For GaPro,, (4, ffo6a/ Date Nam Signature Address s aS 2-//-oG 344A Berl of 1,/ / /rev .le��-rC%moo/ Date Name Sign re Ad ress • 1 -CA U -OW Date Name S. at re Address Alil hrOff ace eg. eiz nz/ Date Name Signa ure Addre s 2. /1 v& SAmv€c n ub 2 ►1• t' CA-0-0‘/ oc. v -re-,: cc,ce, �O(p2! Date Name Signature Mdress 2.11-06 � 11 °1 Ca,. •,,•,i.**4 Ave 3� ,56aDate N me Signature Address n. IT/5. rUZ_ 2-U-010 �� S�(6 Adan cC — O �1 Date /� Name Signature Ar rees 2-1l-0G ` ' s u,Qca c L e O, so62 l Date / ame Si nature Address , RESIDENTS OF WATTENBERG AGAINST USR 1533 We the undersigned, residents of the Town of Wattenberg, by affixing our signature to this document. register our request that the WELD COUNTY BOARD OF COUNTY COMMISSIONERS vote against the BATCH/RECYCLING PLANT requested by Asphalt Paving. Date Name Signature Address Date Name Signature Address / Co R V -0 --t-it •c G-t-it t 7 n-. c � -.- II G �' ate /e Name Signature Address �' 10 , D C t9 A 4 c i.�o /faa oaf y ao ,AT: e i0/10; a� Qom, Date Name Signature Address / 2 -4, -Ce Af>!/rC aderra 7.1>r/ p n l�> Date Name Signature Address dye— oce r_' --_ g-i ��,)�}. G•Date e i a ure Address / Date Name Signature Address Date Name Signature Address Date Name Signature Address Date Name Signature Address Date Name Signature Address Date Name Signature Address Date Name Signature Address Date Name Signature Address Date Name Signature Address RESIDENTS OF WATTENBERG AGAINST USR 1533 We the undersigned, residents of the Town of Wattenberg, by affixing our signature to this document, register our request that the WELD COUNTY BOARD OF COUNTY COMMISSIONERS vote "' against the BATCH/RECYCLING PLANT requested by Asphalt Paving. Date Name Signature Address (-1 2ze/ty - L- 1 CKL- (2\04 o_p., h-1, 6.,,,-Q ilx.).-1._hte16-^' • (12-41.:111:' (5'b":4--1 Date Name Signature Address PIP/of& L (.v r):G l �.f r'c��, vim ' / J �O /Yl iq/�.�� l.�E:� -�} tti�a try-, .-�: 3 i&<4/ Date Name Signa re Address Date Name Signature Address Date Name Signature Address Date Name Signature Address Date Name Signature Address Date Name Signature Address Date Name Signature Address Date Name Signature Address Date Name Signature Address Date Name Signature Address Date Name Signature Address Date Name Signature Address Date Name Signature Address 1 AGREEMENT This agreement is entered into this day of , 2005 between ASPHALT PAVING COMPANY ("APC"), and the WATTENBERG IMPROVEMENT ASSOCIATION, INC. ("Wattenberg"). WHEREAS, APC seeks to develop and operate a sand and gravel mine operation with concrete and asphalt plants, known as the Wattenberg West project, to be located generally in portions of the NW 1/4 of Section 25, Township 1 North, Range 66 West, 6th P.M., Weld County, Colorado, on lands described in Exhibit A, and comprising approximately 135 acres (the "property"); and WHEREAS, in conjunction with the Wattenberg West project, APC has filed or will file among other filings, a DMG Regular 112 Construction Materials Reclamation Permit application with the Colorado Division of Minerals and Geology ("DMG"), one or more well permit applications with the Colorado State Engineer, and a Use by Special Review Permit application with Weld County; and WHEREAS, APC, in conjunction with one or more water providers, will be developing water reservoirs on the site; and WHEREAS, Wattenberg is a community water provider which provides water to its customers from the Wattenberg well, Permit No. 16006-F. The well was decreed by the Water Court, Water Division No. 1, in Case No. 83CW167, and is located in the SW 1/4 NE 1/4 of Section 25, Township 1 North, Range 67 West of the 6th P.M. in Weld County (the Wattenberg well, including any replacement thereof, is hereinafter referred to as the "Wattenberg Well"); and WHEREAS, Wattenberg's customers are located in the vicinity of the Wattenberg West project; and WHEREAS, Wattenberg and APC are mutually interested in protecting the water supply system, including water quality, water quantity and water levels in the Wattenberg Well; and WHEREAS, APC desires that Wattenberg not oppose its permit applications to mine the property and create water reservoirs. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained herein, and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Mining Techniques. APC intents to use both wet mining and dry mining techniques at the Wattenberg West project. Dry mining will occur through the installation of a slurry wall with the use of dewatering trenches and pumps. The slurry wall will be constructed around the perimeters of Ponds 2 and 3 (as shown on Exhibit B.) The slurry wall will be designed and constructed in a manner that will ensure that the reservoirs meet the performance standards of the Colorado State Engineer and all requirements of the Division of Minerals and Geology. A slurry wall will not be installed around Mining Area 1 (as shown on Exhibit B.) 2. Measurement of Water Levels —Wattenberq Well and Monitor Wells APC has installed five (5) monitoring wells (the five monitoring wells and any replacements thereof are hereinafter referred to as "Monitoring Wells") around the planned mining site in order to develop information concerning existing water levels in the area affected by mining and reservoir operations. Said Monitoring Wells are located approximately as shown in Exhibit B. Upon execution of this Agreement, APC shall monitor the water levels in the Wattenberg Well to establish a baseline water level in the Wattenberg Well, and shall include the Wattenberg Well as part of the monitoring program described in paragraph 4. APC and Wattenberg shall cooperate to enable APC to conduct such measurement and monitoring of the Wattenberg Well without disruption to the Wattenberg customers. The parties understand that upon completion of mining, Reservoirs 2 and 3 will be used by a private or public water entity to store approximately 1,000 acre-feet of water. APC agrees that its contracts and agreements with the reservoir owners will include the requirement that water levels in the Wattenberg Well and the Monitoring Wells shall continue to be measured on a monthly basis until the reservoirs are filled, and for a period of one year after the reservoirs have been filled, and that APC shall be allowed access to the Monitoring Wells for such purpose. APC shall prepare each monthly report of such measurements, setting forth water levels as measured, to Wattenberg within ten days of completion of measurements. 3. No Unreasonable Disturbance. The measurement and monitoring activities described in paragraph 2 above and the water quality testing described in paragraph 5 below shall be conducted in a manner that will not cause unreasonable disturbance to the lands, wells, and/or other improvements of Wattenberg or its customers. APC shall be responsible for any damage resulting from said measurement and monitoring activities and such water quality testing and for restoring any such damaged lands, wells, and/or other improvements as a result of APC's activities. 4.Monitorinq Program. Groundwater Elevations. In order to evaluate dewatering and slurry wall effects (including the operation of the slurry wall after mining has been completed and water is stored), APC commits to continue measurement and monitoring of the Monitoring Wells and the Wattenberg Well as herein provided. The wells will be monitored on a monthly basis and results of the monitoring effort will be submitted to the DMG and Wattenberg along with other annual reporting requirements. Collected baseline data (data collected prior to mining below the groundwater table or installation of a slurry wall) is expected to provide a range of relative water levels associated with pre-mining groundwater conditions. APC believes, based on data collected to date from the Monitoring Wells, the typical alluvial groundwater elevations along the South Platte River near the site tend -2- to fluctuate between two and four feet each year, being highest in the summer and lowest in the winter and early spring. With the baseline information established, monitoring data collected during mining and reclamation activities will be used to identify potential groundwater effects during dewatering and installation of the slurry walls. Data collected during and after the reservoirs are filled will identify potential groundwater effects from storage of water in the reservoirs. Monitoring data collected during the mining and reclamation activities, and during and after the time the reservoirs are filled, will be evaluated and compared to the established baseline data. If the groundwater elevation in the Wattenberg Well increases or decreases by two (2) or more feet from the seasonal range, and the measured elevation is consistent with groundwater elevation trends at one or more of the other wells on site, the DMG and Wattenberg will be notified within seven (7) days. After the DMG and Wattenberg have been notified, APC will review data from all the Monitoring Wells and the Wattenberg Well and submit a report to the DMG, with a copy to Wattenberg, within thirty (30) days. Changes in measured groundwater elevations will be evaluated based on natural groundwater fluctuations and changes in non-project related local conditions including precipitation, river flows, and land use. The report will present results of the evaluation and identify any potential impacts associated with the change. Mitigation of potential impacts caused by changing groundwater elevations will be addressed based upon the specific location and nature of the impact. If APC's activities such as dewatering, installation of the slurry wall, or other mining or reclamation activities, or if storage of water in the reservoirs, changes the groundwater elevation which may create adverse impacts to adjacent properties or the Wattenberg Well, and the measured elevation is consistent with groundwater elevation trends at one or more of the other APC Monitoring Wells or any other wells on the property, the adjacent property owners and Wattenberg will be notified and the impacts will be addressed to the satisfaction of the DMG and impacts to the Wattenberg Well will be addressed to the satisfaction of Wattenberg as well. APC will coordinate and cooperate with Aggregate Industries or its successors and Wattenberg in such an evaluation. Water Quality. The parties agree that quarterly tests of the quality of untreated water in the Wattenberg Well will be conducted at APC's cost prior to installation of the slurry wall, and baseline parameters will be obtained for nitrates, turbidity, total suspended solids, total dissolved solids, and hardness. Prior to completion of the slurry wall, descriptive statistics such as mean, median and standard deviation acceptable to both parties will be developed for each parameter based on the quarterly testing. When the data has been obtained for at least one year, and the descriptive statistics compiled, the parties will agree upon appropriate mitigation triggers based on deviations from the baseline data. The quality of untreated water in the Wattenberg Well will be tested for the same parameters quarterly at APC's cost following commencement of construction of the slurry wall, and the mitigation triggers will be applied to determine if quality degradation has occurred. -3- If, following completion of the slurry wall, no quality degradation in such parameters is shown during two consecutive quarters, quality testing will be undertaken at APC's cost at six-month intervals. If no quality degradation in the parameters tested is demonstrated for a period of two years following commencement of the six-month testing intervals, APC shall not be required to undertake any further water quality testing, unless the slurry wall develops a leak or is otherwise compromised, in which case quarterly testing will be resumed and the above-described quality testing process and schedule will be re-commenced. APC will evaluate the water quality data obtained pursuant to the above- described testing process, investigate causes of any quality degradation, prepare a report and submit a copy to Wattenberg and DMG within 30 days of obtaining the quality data. The report will present results of the water quality evaluation, identify any activities or conditions associated with the change in quality, and set forth plans for mitigation of any adverse impacts caused by APC. Mitigation must be addressed to the satisfaction of DMG and Wattenberg. 5. Mitigation Program. If dewatering of the Wattenberg West project or installation of the slurry wall or mining activities or storage in the reservoirs creates injuries to the Wattenberg Well, APC will take all necessary actions to remedy the injuries. Injuries may include, but are not limited to, inability to obtain the needed water supply from the Wattenberg Well, adverse effect on rate of recovery of the Wattenberg Well, increased pumping costs, water quality degradation, increased costs of operation, maintenance, repair or replacement of the existing reverse osmosis filtration system, or any other injury to Wattenberg's decreed water rights due to installation of the slurry wall or dewatering at the Wattenberg West site by APC, or mining activities or storage of water in the reservoirs. If such injury occurs, APC will promptly implement one or more of the following mitigation measures which may include, but are not limited to: a. Modification of the existing Wattenberg Well to operate under lower groundwater conditions. This may include additional drilling of the existing Wattenberg Well to deeper depths, or lowering the pump. All work will be done at APC's expense. b. If the existing Wattenberg Well cannot be repaired or modified to enable it to operate under changed groundwater conditions, APC will drill a new well at APC's sole expense for Wattenberg to replace the damaged well. The new well will produce water of the same quantity and quality to support its decreed use. The design of any new well will be comparable to the existing well. c. Provision of an alternative source of water to support the decreed water use. Additionally, installation of the slurry wall will be deemed to create mounding or shadowing impacts affecting the Wattenberg Well if two consecutive monthly measurements of water level in the Wattenberg Well show a water level increase or decrease of at least 2 feet, and in the event of such water level increase or decrease, APC will take appropriate corrective action. Mitigation measures may include, but are not limited to: -4- the amount expended for such mitigation, up to a maximum escrow account balance of $35,000. If Wattenberg is required to reimburse the escrow account as set forth above, and fails to do so within the thirty (30) day period provided for such reimbursement, the amount owed by Wattenberg to the escrow account will bear interest at the annual rate applicable to the escrow account on the date that reimbursement was due, and said interest shall be paid or credited to APC. Furthermore, the parties recognize that increased truck traffic is likely to occur on WCR 6, as a result of APC's activities and mining activities of others in the vicinity, and that this increased traffic may increase the likelihood of a water main break on Wattenberg's water main located in the WCR 6 easement. The parties recognize that in the event of a main break on said water main, it may be difficult to allocate responsibility. The parties therefore agree that Wattenberg may withdraw funds from the escrow account upon written request to the escrow agent in an amount necessary to repair any such main break, without the need to first determine responsibility for the break. If the main break can reasonably be demonstrated to have been caused by the activities of APC, its contractors, agents or employees, APC will replenish the escrow account by the amount withdrawn to repair such main break. However, if the main break cannot be reasonably demonstrated to have been caused by the activities of APC or its contractors, agents, or employees, APC will not be required to replenish the escrow account by the amount withdrawn for such repairs. In such event, Wattenberg will reimburse the escrow account by the amount withdrawn for such repairs within thirty days (30) of the date on which it is determined that the main break cannot be reasonably demonstrated to have been caused by the activities of APC, its contractors, agents, or employees. If Wattenberg does not reimburse the escrow account within said 30-day period, the amount owed to the escrow account will bear interest as described above. Fees and costs associated with the escrow account shall be paid by APC. 7. Access to Mining Operations. APC acknowledges that oversized commercial vehicles and heavy equipment associated with its operations at the Wattenberg West project will utilize only WCR 6 adjacent to the town, and agrees to work with Weld County Public Works to ensure that appropriate safety measures are installed. APC agrees that any damage to Wattenberg property, including but not limited to damage to water mains located adjacent to WCR 6, caused by APC vehicles or heavy equipment, will be the sole responsibility of APC and will be fixed in a timely and efficient manner to the satisfaction of Wattenberg. 8. Conveyance of 8.88 Acre Buffer Parcel and Irrigation of Buffer Parcel. APC is the owner of an 8.88 acre parcel of land located adjacent to and west of Wattenberg, within the NE 1/4 of Section 25, Township 1 North, Range 67 West, 6th P.M., also known as Weld County Parcel Number 146925100028. APC agrees to deed this parcel to Wattenberg at no additional consideration after approval of the Colorado Mined Land Reclamation Board Application for Construction Materials Regular 112 Permit, application number M-2005-066, or any amended or replacement application thereof, and the Application for Weld County Use by Special Review (USR) Permit for Mineral -6- Extraction and Processing, application number USR-1533, or any amended or replacement application thereof, and on or before the commencement date of mining activity.The deed of the parcel to Wattenberg shall convey the parcel to Wattenberg for so long as it is used for a community park or other community purposes (including Wattenberg's water system infrastructure, such as wells and tanks), and not for commercial development or residential purposes. APC will also use best efforts to assist Wattenberg in obtaining an irrigation water supply to allow Wattenberg to maintain some or all of the parcel as a public park. 9..Mosquito Control; Dust Control; Noise. Wet mining activities of APC and post-mining construction and completion of reservoirs at the mining site may increase the mosquito population in and around the Wattenberg community. APC agrees that it will engage in mosquito population control, at its expense, in and around the mining site and proposed or constructed reservoirs in and around the mining site. Wattenberg agrees to cooperate with APC to allow it to implement the necessary safeguards. APC, at its expense, will comply with all requirements imposed by federal, state or local laws, regulations or permits regarding dust suppression, and noise restrictions and, in addition to any such requirements, will take reasonable steps to assure that dust is reasonably suppressed in and adjacent to the Wattenberg community, and that noise from APC's operations is reasonably minimized after 5:00 p.m. and on weekends and holidays recognized by the United States government. APC's noise reduction efforts shall include, but not necessarily be limited to, installation of a 6 — 10 foot high berm on the eastern property line of the southern parcel of the property, and planting and maintenance of trees on or adjacent to the berm. In addition, representatives of APC will meet with Wattenberg's board or designated representatives at least quarterly, or more frequently as reasonably requested by Wattenberg to advise Wattenberg of its mining plans for the upcoming quarter, or more frequently as reasonably requested by Wattenberg including any anticipated nighttime, weekend or holiday operations, and the expected location, nature and duration of such operations. 10. Pending Applications to be Consistent with this Agreement. APC agrees that its pending DMG 112 Permit and any applications that have been or may be filed for a Use by Special Review with Weld County are or will be consistent with this Agreement, and will recognize the terms and conditions of this Agreement, and will not contain terms or conditions inconsistent with this Agreement. APC agrees that any well permit or replacement permit issued to it by the Colorado State Engineer's office shall recognize the terms and conditions of this Agreement and will not contain terms or conditions inconsistent with this Agreement. Wattenberg agrees not to file any objections to any applications filed with the DMG or Weld County related to the Wattenberg West project site, provided that such applications are consistent with this Agreement. Wattenberg agrees not to object to a well permit or any replacement thereof issued for the Wattenberg West project, provided that such permit is consistent with and will incorporate this Agreement, and any well drilled under the permit is located more than 600' from the Wattenberg Well, with the exception of a well permit for a gravel pit that exposes groundwater to evaporation as required under the provision of C.R.S. § 37-90- 107(6) or C.R.S. § 37-90-137(11). -7- 11. Termination. This Agreement shall terminate immediately in the event that either APC's reclamation permit application or its Use by Special Review application has been finally denied, and no further appeal is available to APC, or upon occurrence of the latest to occur of the following conditions: (1) expiration of the reclamation permit described in the Wattenberg West project's DMG permit, or any extension or renewal thereof, or any subsequent permit for the Wattenberg West project, without commencement of mining activities; or (2) one year following completion of all mining and reclamation activities at the Wattenberg West project and the DMG's release of all bonds related to the Wattenberg West project, provided however that a period of at least 6 months of no de-watering has elapsed immediately prior to the termination, and further provided, that at the time of termination, any agreement between APC and any other party to provide any portion of the Wattenberg West project for water storage has been terminated; or (3) one year following storage of water to the full storage capacity of the Wattenberg West reservoirs. If termination occurs as a result of condition (2) but there has not been a period of at least 6 months of no de-watering immediately prior to such condition, then this Agreement shall remain in effect until such a 6-month period has elapsed. If termination occurs as a result of condition (3), APC agrees to inform the purchaser of the reservoirs of this Agreement and facilitate negotiations between Wattenberg and such purchaser for continued monitoring and injury prevention mechanisms. 12. Effective Date. This Agreement shall become effective upon execution by both parties. 13. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Venue for any litigation regarding this Agreement shall be Weld County, Colorado. 14. Notices. Any notice or other communication required hereunder shall be in writing and shall be deemed effective upon personal delivery or within three days of the date on which such notice communication is sent by certified or registered U.S. mail, postage prepaid, return receipt requested, to the other party at the address set forth below that party's signature hereon. Either party may change the place for serving of such notice or communication by giving the other party at least ten days prior written notice in the manner provided in this paragraph. 15. Binding Effect. This Agreement shall bind and benefit the parties hereto and their heirs, successors, and/or assigns. APC shall continue to be responsible for the obligations herein set forth notwithstanding any transfer or conveyance of all or any portion of the Wattenberg West project, or any real property associated therewith. Any deeds, contracts, or other agreements regarding transfer or use of the Wattenberg West site (including any agreements regarding development of storage facilities at the site) shall provide notice of and agreement to APC's continuing responsibilities hereunder. -8- IN WITNESS WHEREOF, the parties have executed this Agreement this day of , 2005. ASPHALT PAVING COMPANY attn: Jeffrey W. Keller, President 14802 W. 44th Avenue Golden, CO 80403 By: Date: Jeffrey W. Keller President Attested to by: Title: STATE OF COLORADO ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 2005, by Witness my hand and official seal My commission expires: Notary Public -9- WATTENBEG IMPROVEMENT ASSOCIATION attn: Frank Galicia, President 1924 Caroline Avenue Fort Lupton, CO 80621 By: Frank Galicia, President Date Attest: Secretary Date STATE OF COLORADO ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 2005, by Witness my hand and official seal My commission expires: Notary Public -10- •L 7"..a •_ _ Aye � e�' :it-' .-..' J14.974- •. 90. / i 4,923;. - • •i: d .1."41,—.1.----..� - . .--------e-:-.'"15. ' •�.� .49207--,• _____."Flume t i • Mir:7.•':::71 o/ is — --- ?� ' ......3-...............,, J • • c, i ' S 'blectSi I. 098/ ' /{1 ( I ._.• ®` I ---- County 8 497, ,�i ''l <99i _i—.. ��d 7.. 1 1 493! \-.T 1 • • • N./' ' T. ' .1 r ' L�.. Substerion..i. 64147—.. 969 —---') '/ ! I. ,;) o 1.1 • :at enberg • = ,fit r A• tT p+ f i _ I s✓ a Yr . :..�r ,-._ �..� � � ..• . i. _' i• ' 1 j ._N ,,,,�y°b,l , ,. ;� Z i ! v a t ' �' ..; ,.. , . ,. • .� �q . .,., . ,� • rc,..„,„,,,! ....„,....„,„„:„.,., ., ,i, •. 30 I ��"f , v •' �;• ... 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EXHIBIT II - a4'b WELD COUNTY COMMISSION PUBLIC HEARING RE: USR: 1533 MY NAME IS HUGH HAWTHORNE, MY FAMILY AND I HAVE LIVED AT 1771 WELD COUNTY ROAD 23 FOR THE LAST 15 YEARS. OUR PROPERTY LIES DIRECTLY WEST OF THE PROPOSED GRAVEL MINING OPERATION. I AM HERE IN OPPOSITION OF USSR:1533. ADDITIONALLY I HAVE SIGNATURES OF SEVERAL OF MY NEIGHBORS ALLOWING ME TO SPEAK ON THEIR BEHALF,THEY TO ARE OPPOSED TO THE APPLICATION BEFORE YOU TODAY. I UNDERSTAND THE NEED FOR GRAVEL MINING OPERATIONS BUT IT SEEMS TO ME GIVEN THE LARGE NUMBER OF GRAVEL MINING OPERATIONS IN SOUTH WELD COUNTY ALONG THE SOUTH PLATTE AND HIGHWAY 85 CORRIDORS WE HAVE DONE OUR SHARE OF CARRYING THE BURDEN. TOTAL PROLIFERATION OF GRAVEL MINING IN THIS AREA IS NOT COMPATIBLE WITH FUTURE GOALS OF THE AREA. THE 15 TO 20 YEAR PLAN OF THIS OPERATION IS BEYOND ACCEPTABLE TIMELINES. THERE HAVE BEEN SIMULAR APPLICATIONS FOR MINING OPERATIONS PROPOSED IN THE AREA THAT HAVE BEEN DENIED BASED ON ISSUES OF INCOMPATIBILITY.. WE DO LIVE IN AN AGRICULTURE ZONE, HOWEVER PAST LAND USE OF THE COUNTY HAVE ALLOWED FOR LINEAR SUB-DIVISIONS AND THE NEARBY UNINCORPORATED TOWN OF WATTENBERG, CREATING MORE OF RESIDENTIAL ATMOSPHERE. THE APPLICANT HAS BEEN VERY VAGUE IN STATING THEIR PLANS FOR THE ASPHALT BATCH PLANT AND CONCRETE RECYCLING. THEY VERBALLLY STATE THAT IT WILL BE SET UP AS A TEMPORARY OPERATION ONLY AS THEIR CONTRACTS JUSTIFY. THE CONCRETE RECYCLING MATERIAL WOULD BE IMPORTED AND STOCKPILED,AWAITING CRUSHING AND PROCESSING. THIS IS NOT GRAVEL MINING. THEY DO NOT STIPULATE HOW MANY TON OF RECYCLED CONCRETE WILL BE PROCESSED ON AN ANNUAL.BASIS. BY STATING THAT THEIR PLANS ARE FOR TEMPORARY PLANT OPERATIONS ONLY , TELLS ME THEY ARE NOT COMPLETELY FORTHCOMING WITH THEIR ULTIMATE REASON FOR THIS APPLICATION. IT SENDS A CLOUD OVER THEIR EXPLAINATION. THEIR WRITTEN APPLICATION DOES NOT MENTION TEMPORARY. TEMPORARY ASPHALT PLANTS ARE SET UP DIFFERENTLY THAN PERMANENT ASPHALT PLANTS. THE TEMPORARY PLANTS ARE RAN BY DIESEL POWERED GENERATORS. THIS ONLY ADDS MORE NOISE AND ODOR TO THE SURROUNDING AREA. NOISE AND ODOR LIMITATIONS MUST BE INCORPORATED. HOURS OF OPERATION AS STIPULATED IN THE WELD COUNTY CODE UNDER CONDITION 38 MUST BE STRICTLY ADHERED TO. I AND MY NEIGHBORS ARE ASKING YOU TO DENY THE APPLICATION BASED ON ISSUES OF INCOMPATIBILITY, INCREASED TRUCK TRAFFIC RESULTING IN UNSAFE ROAD CONDITIONS , POOR ACCESS TO THE SITE AGAIN RESULTING IN UNSAFE TRAVELLING CONDITIONS, NOISE, ODOR,TOXIC AND DAMAGING DUST FROM THE CONCRETE BATCH PLANT,THE RECYCLING PLANT AND THE ASPHALT PROCESSING PLANT. STOCKPILING OF RECYCLING MATERIAL AND WELL WATER PROBLEMS. SHOULD YOU FEEL COMPELLED TGO APPROVE THIS APPLICATION THEN MY NEIGHBORS AND I REQUEST THE FOLLOWING FOR CONSIDERATION. 1 AT THE VERY LEAST DENY THE ASPHALT AND CONCRETE PLANTS AS WELL, AS THE RECYCLING OPERATIONS. EXHIBIT -I TT USz ►133 THESE ARE NOT NEEDED FOR THE MINING OF GRAVEL,THEY ONY MAKE THE PROPOSAL UNLIVABLE FOR THE SURROUNDING PROPERTY OWNERS AND THE WHOLE COMMUNITY. THE ODOR FROM THE ASPHALT BATCH PLANT CANNOT BE CONTAINED AND IS NOT COMPATIBLE WITH THE NEIGHBORHOOD. I HAVE. READ ASPHALT PAVINGS WRITTEN REQUEST AND LISTENED TO THEIR VERBAL EXPLAINATIONS PERTAINING TO THEIR APPLICATION BEFORE YOU TODAY. OUR OPINION IS THAT THEY WANT A PERMANENT BATCH PLANT AND RECYCLING OPERATION IN OUR AREA FOR THE NEXT 15 TO 20 YEARS. PERVAILING WIND IN THE AREA BLOWS FROM THE NORTHWEST. THE TOWN OF WATTENBERG IS DIRECTLY DOWN WIND FROM ALL ACTIVITIES AT THE PROPOSED SITE. 2. NEXT,THE APPLICANT HAS STATED THEY WILL NOT INCREASE TRUCK TRAFFIC DRIVING THRU WATTENBERG. THE APPLICANT SHOULD NOT BE ALLOWED TO MOVE THE EXCESS MATERIAL FROM THE PERRY PIT TO THE NEW PIT. THE APPLICANT IS PROPOSING TO MOVE 225,000 TONS OF MATERIAL FROM THE PERRY PIT, OVER THAT SMALL STRETCH OF WCR 6 BACK AND FORTH IN FRONT OF WATTENBERG. THAT CALCULATES TO 9000 LOADED TRIPS, CONSIDERING ALL TRUCKLOADS ARE WITHIN WEIGHT LIMITATIONS. THIS WILL ONLY INCREASE THE OPPORTUNITY FOR MORE ACCIDENTS ON A STRETCH OF ROAD THAT HAS LIMITED SIGHT DISTANCE WITHIN THE TOWNS BOUNDARIES. 3. THE APPLICANT SHOULD BE REQUIRED TO DO A NEW STUDY OF THE INTERSECTION AT HWY 85 AND WCR 6 AND THEN MAKE ANY NECESSARY IMPROVEMENTS TO THE INTERSECTION. THE NECESSARY IMPROVEMENTS SHOULD BECOME PART OF THE CONDITIONS OF APPROVAL. THE LAST STUDY WAS DONE OVER 5 YEARS AGO PRIOR TO THIS PROPOSAL AND THE INCREASED DEVELOPMENT AND TRAFFIC ALONG WCR 6 ,WCR 8 , WCR 23 AND THE HIGHWAY CORRIDOR. 4 THE APPLICANT SHOULD BE REQUIRED TO DO AN ACCESS STUDY TO THE PROPOSED SITE AND THEN FOLLOW THE RECOMMENDATIONS. THE RECOMMENDATIONS SHOULD BECOME PART OF THE DEVELOPMENT STANDARDS AND THE ROAD IMPROVEMENT PLAN. WCR 6 HAS BECOME AN ARTERIAL ROAD BETWEEN INTERSTATE 25 AND HIGHWAY 85. WHY DOESN'T THE APPLICANT NEED TO GET AN ACCESS PERMIT FROM THE COUNTY? THE PROPOSED ACCESS IS ONLY 700 FEET FROM WCR 23. ON A HILL WITH LIMITED SIGHT DISTANCE. (SEE ENCLOSED PHOTOS) . ADDITIONALLY,THERE HAVE BEEN SEVERAL ACCIDENTS AT THE INTERSECTION OF WCR 23 AND WCR 6. THE ACCESS TO THE SITE IS NOT IN A GOOD LOCATION AND CAUSES A GREAT DEAL OF SAFETY CONCERNS FOR ANYONE TRAVELING ON WCR6. ADDITIONALLY,THE TRUCKS ENTERING AND EXITING THE PROPOSED SITE SHOULD NOT BE ALLOWED TO USE JAKE BRAKES--THEY ARE LOUD AND OBNOXIOUS. RUMBLE STRIPS ALSO CAUSE EXCESS NOISE. 5. WE ARE CONCERNED FOR THE SAFETY OF OUR NEIGHBORS AND THEIR CHILDREN . THEREFORE, WE REQUEST YOU TO LIMIT THE HOURS OF OPERATION FOR THE FACILITY AND ONLY UNDER EXTREME CIRCUMSTANCES ALLOW THE HOURS OF OPERATION TO BE EXTENDED. PLEASE CONSIDER THE NUMBER OF SCHOOL BUSES AND THEIR TIME SCHEDULES. 6. GRAVEL MINING OPERATIONS HAVE BEEN KNOWN TO DRY UP WELLS. THE APPLICANT SHOULD BE REQUIRED TO LOCATE ALL WELLS WITHIN THE AREA DO A BASELINE ASSESSMENT, DEVELOP A MONITORING PLAN AND THEN MAKEAGREEMENTS WITH WATER WELL OWNERS SHOULD WATER BE DEPLETED, LOWERED OR DAMAGED. 7. AN EMERGENCY WATER PLAN IS NOT ENOUGH. WE SHOULD NOT BE EXPECTED TO GO WITHOUT WATER FOR SO MUCH AS A DAY- THAT WOULD BE A NEGATIVE IMPACT WE CANNOT LIVE WITH. AGAIN, I AND THE PEOPLE FOR WHOM I SPEAK ARE OPPOSED TO THIS APPLICATION( USR 1533). FOR THE REASONS I HAVE STATED. I APPRECIATE YOUR LISTENING TO OUR CONCERNS. WE ARE JUST ASKING FOR OUR QUALITY OF LIFE TO NOT BE IMPACTED IN SUCH A MANNER THAT WE CANNOT ENJOY OUR NEIGHBORS AND OUR COMMUNITY. PHOTOS FOR CASE NUMBER SR-1533 + ' " , 4' ' 1 OF 3 �s t. I is l Sr` l V • A°' } TRAVELING EAST ON ROAD 6 - 700 FT WEST OF INTERSECTION 6 & 23 • BLIND INTERSECTION . CANNOT SEE PROPOSED ENTRANCE TO GRAVEL PIT../. ; ''',. c.' 4i l' (.7.: - •- --' tr. ` f 1i _. H _ Y a" ��gg "p r afx ,gP * s ' P i'<+ }4 reF � R e_ µ r. F 4' fit: .'. .t 9 n TRAVELING EAST ON ROAD 6 - 470 FEET WEST OF INTERSECTION 6 & 23 CANNOT SEE PROPOSED ENTRANCE TO GRAVEL PIT. PHOTOS FOR LASE NUMBER 2-1533 • r/ r i 2 OF 3 ' Su • r A� PrM TRAVELING EAST ON ROAD 6 - 285 FEET WEST OF INTERSECTION 6 & 23 . PROPOSED ENTRANCE TO GRAVEL PIT 175 FT. EAST OF GREEN TANK. • • •Z• ..n"»" "l, tY;iy ' '.wttM1MC111 •� mow.M. _ 4a`.N4 n TRAVELING EAST AT INTERSECTION OF 6 & 23 . PROPOSED ENTRANCE AT BOTTOM OF HILL 175 FEET EAST OF GREEN TANKS . PHOTOS FOR CASE NUMBER USR - 1533 3 OF 3 • .q.rw}av-.Nt M i y Ik, I. I N N ,`It" t ' ,' a2*4 t Jam- 4A i .a. TRAVELING WEST AT PROPOSED ENTRANCE TO GRAVEL PIT 700 FEET EAST OF INTERSECTION 6 & 23 I AM AGAINST ASPHALT PAVINGS REQUEST FOR A BATCH PLANT, RECYCLING PLANT, MATERIALS BLENDING, IMPORTING OF MATERIALS SOUTH AND ADJACENT TO COUNTY ROAD 6 AND EAST OF AND ADJACENT TO COUNTY ROAD 23 . ALSO REFERRED TO AS CASE NUMBER USR-1533 I HEREBY AUTHORIZE HUGH HAWTHORNE TO SPEAK ON MY BEHALF CONCERNING WELD COUNTY PLANNING COMMITTEE MEETINGS AND ANY COMMISSIONER MEETINGS DISCUSSING CASE NUMBER USR-1533 NAME CSIGNATURE) PRINT l ADDRESS PHONE NUMBER 1 Shia.. 40-gad) JAl,snrt /Ill t.JCL21 1• %el on 303-459-337c 2 `�r n 41.9'Y 3"' tfxc 973 2 Ede& I/ ii 1 Yk 305 659 335/ 3 .o-e a r ,e 8')/,q 4)G/d y .6Y I.g h7.--.'� .3.&3103- .&3(05705-32 1 k 1 V. ' e ' "! -itie 4 5 M .-C 2-6 9 Q &t i 'I n .p3 -45, 1�� 6 �� in/ L&CXX Zi/ S� 5i 59!1�Ii/ R f�tt Rita-net e: d<( l / 11,Z.o WC,- 3/ 1a rcikto- . 363--IZ6 -O e 4, J- � 8 ., . ilZa �� /063 op �f�n 30�-6.�1�00 9 act., d � 'Os 'o Gvcat ill et (*oil/ i' 10T 0‘1,14 72 AAAri 9/(9 IV 628 fi.d eh 243-4.5-7- S/S3/ 11 Atm ict A n SnAtrr / o woes 3.e iyreni,6 Sos-4$-Af56 124/414114/ // G�h�/ /1CkY 236dU' L Z3 rZler- 3o3-GsYWs7 .�-y- i�'.u. 3icc 2<411...-- ?30-60C,P a3 t L An (joJ)c SY)CI%, 1J �. �! 144., ��z�t�J�n4,,,c , 04,e1,0,a , v c 977Cty e.z 103---( g-SY/ Yom,Colorado Asphalt 658 South'csectirte u ctuit = Su is 1 n= Centennial CO 80112 Pavem'ent Association SGS-Z p,SG= (- \K r LE =$IC L _ 8..P at .O 1= co asithali.CCnl March 15, 2006 To the Weld County Commissioners, The members of the Colorado Asphalt Pavement Association are proud to be a part of helping Colorado to prosper. Our work is essential in building and maintaining the state's transportation infrastructure — its roads, airport runways, parking lots, driveways — wherever asphalt pavement is needed. Along with the work comes responsibility to protect our natural and manmade environments. It's a responsibility we take seriously. Enclosed is environmental information on asphalt production facilities. Included is a document from the Colorado Department of Public Health and Environment — Air Pollution Control Division. The document provides an overview of the environmental regulations of hot mix asphalt production facilities. When you consider the facts, we think you'll be surprised at the low impact our products and plants have. You'll also see that we're constantly working to lessen that impact even further. If you have any questions, ideas or comments you'd like to share with us about the environmental impact of our industry, please feel free to call our office. We're proud to call Colorado home and proud to be working to make it even better. Sincerely, Tom Peterson, P.E. Executive Director EXHIBIT L(Sre_1533 Colorado Department of Public Health and Environment Air Pollution Control Division co compounds (VOCs), carbon monoxide (CO), nitrogen ] oxides (NO,), sulfur dioxide (SO2-if sulfur is present in i L,i , "j in\T) T; � the fuel), and particulate matter( Asphalt plants take� , are required to install controls or take other measures to reduce harmful air emissions. These measures and controls include counter-flow mixing equipment An Overview of technology, baghouse systems to control particulate emissions, enclosed or partially enclosed conveyor Environmental Regulations systems, and top-of-silo emission recovery systems. In addition, best management practices to minimize In order to protect and preserve Colorado's public emissions during HMA production have been health and valuable resources, hot mix asphalt (HMA) established by the asphalt industry. These best plants (or facilities) must adhere to strict air, water, and management practices include guidance on facility waste requirements administered by the Colorado operation and maintenance so as to maximize Department of Public Health and Environment efficiency and minimize emissions. Natural gas is a (CDPHE). As Colorado moves forward, so has the common fuel for asphalt plants. Therefore, the need for asphalt materials. Today, over 12 million tons emissions from a plant fueled by natural gas are similar of hot mix asphalt are produced by over 60 HMA to a household furnace. facilities in Colorado each year. /7-1, This fact sheet provides an overview of the asphalt production process and the environmental requirements that apply to HMA facilities in Colorado. All Colorado HMA plants are required to report their air emissions to the CDPHE Air Pollution Control Division (APCD) and obtain an air permit. HMA plants must report their air emissions by submitting an Air Pollutant - Emission Notice (APEN)to the APCD. The APEN includes information on the location and ownership of Hot mix asphalt paving materials are a mixture of the site and detailed information on the site-specific aggregate, sand, asphalt binder, and may include process equipment and air pollution control measures. recycled asphalt pavement. The HMA process The APCD uses the information provided on the APEN involves mixing the crushed aggregate with asphalt to write an air permit for the HMA plant. A Final cement (a product of oil refining that acts to glue the Approval air permit is issued only when the HMA plant aggregates together) to form a hot asphalt mixture that demonstrates and certifies compliance with all state can be laid down as a smooth road surface. and federal air quality standards. An Air Permit Includes... ;317 Controlling the emission of harmful pollutants into the • Limits on annual asphalt production air is the guiding principle behind the state's air quality • Required air pollution controls standards. Stringent limits are set for a range of • Opacity casual emissions)limitations pollutants based on their known effects to human • Recordkeeping requirements health and the environment. Technology and control • operating and maintenance requirements systems are available to modern HMA facilities so that • Other key areas that may need to he addressed e g they comply with the air quality standards of the State methods for controlling fugitive dust at the site of Colorado. Operation and Maintenance Plans are submitted by the permittee to ensure and document that their controls are working in the most efficient In addition to obtaining an air permit, HMA plants must manner. In addition, dust control plans are required to comply with federal requirements called New Source be in place to control fugitive dust from material Performance Standards provided in Colorado storage and handling areas and from trucks Regulation No. 6, Part A, Subpart I, Standards of traveling on haul roads. Performance for Hot Mix Asphalt Facilities. The performance standard limits the particulate emissions HMA plants have the potential to emit various from the HMA plant. To show that the HMA plant can emissions. Potential emissions include, volatile organic meet the air emission limits, the owner/operator must Hot Mix Asphalt: An Overview of Environmental Regulations February 2006 Colorado Department of Public Health and Environment Air Pollution Control Division conduct a performance test for particulates, opacity, that reach State waters, must be reported to CDPHE. and sometimes CO emissions. Generally,the test is Spill remediation and monitoring is required. conducted within six months after the HMA plant receives an initial approval to construct the plant. Stormwater and process water permits are issued under the Colorado Discharge Permit System (CDPS) administered by the CDPHE Water Quality Control Division (WQCD). The APCD enforcement staff conducts routine inspections of Colorado HMA plants to ensure that plant operators are properly maintaining the required air pollution equipment, keeping records, and A typical HMA plant does not generate hazardous complying with all conditions of the air permit. Most waste and generates very little solid and universal HMA plants are inspected every 3 to 5 years, while waste. Some wastes, such as petroleum- others are inspected annually. The APCD also contaminated soils, may be reused in the asphalt responds to citizen complaints on dust, odor, or noise production process. All wastes must be properly problems at HMA plants. When a permit violation or managed and disposed of. noncompliance issue leads to enforcement proceedings, corrective action is required and fines up to $10,000 per day can be levied against HMA plants. Frequently Asked Question: On March 1 of each year, every HMA production When I dnve by an asphalt plant, what is it that I see facility is required by state and federal law to report the coming from the plant? storage of regulated onsite chemicals. This information is sent to emergency planning organizations. Concerned citizens can obtain this Often this is steam produced from the moisture in the public information from state and federal agencies. aggregate when dried. This steam may be mistaken for smoke, especially in cold weather. Visual emissions of smoke are regulated and restricted. The air, water, and waste environmental programs at CDPHE work together to answer questions and help businesses understand and comply with environmental Almost all Colorado HMA plants are required to obtain regulations. If you have questions on the requirements a Stormwater General Permit for Light Industrial for HMA plants in Colorado, please contact the Activity or to be covered under a Stormwater General resources listed below: Permit for Construction Activities if the plant is dedicated to a specific construction site covered by this permit. Small Business Assistance Program (SBAP) (303) 692-3175 or (303) 692-3148 Stormwater refers to runoff resulting from rain or snowmelt events. When stormwater comes into contact with plant operations or storage piles, it can - ` - become contaminated with sediments, oil and grease, Water Quality Control Division or other pollutants that could impact Colorado (303) 692-3500 waterways. The Stormwater General Permit requires an HMA plant to develop and implement a Stormwater Management Plan (SWMP)that includes best management practices to prevent the discharge of Generator Assistance Program (GAP) pollutants in stormwater runoff. In addition, spills of oil (303) 692-3415 or Hotline. (303) 692-3320 or fuel of greater than 25 gallons, or spills of any size Hot Mix Asphalt: An Overview of Environmental Regulations February 2006 STATE OF COLORADO Bill Owens.Governor •Jane E.Norton.Executive Director ,Og. • � e Dedicated ro protecting and improving the health and environment of the people of Colorado N," o 4300 Cherry Creek Dr.5. Laboratory and Radiation Services Division Denver,Colorado 80246-3530 8100 Lowry Blvd. +18;G Phone(303)692-2000 Denver,Colorado 80230-6928 7DD Line(3031 691-1700 13031 692-3090 Colorado Department Located in Glendale,Colorado of Public Health http:/lwww.cdphe.state.c.-o.us and Environment August 28, 2002 Torn Peterson Executive Director Colorado Asphalt and Pavement Association 6880 South Yosemite Court, Suite 110 Englewood, Colorado 30112 Re: U.S. Environmental Protection Agency's Delisting of Asphalt Concrete Manufacturing Dear Tom: Congratulations to the hot mix asphalt industry of Colorado and to the Colorado Asphalt Pavement Association("CAPA") for the EPA ruling that de-lists hot mix asphalt plants from the list of major polluters. This is a significant announcement and speaks well for the environmental accomplishments of the industry. On February 12,2002. the U.S. Environmental Protection Agency ("US EPA") issued a decision that deleted asphalt concrete manufacturing as a source type that would require US EPA to promulgate a National Emission Standard for Hazardous Air Pollutants ("NESHAP"). The Clean Air Act requires, under section 112, that EPA list all categories of major sources emitting hazardous air pollutants ("HAPs") and such categories of area sources warranting regulation and promulgate a NESHAP to control, reduce, or otherwise limit the emissions of HAPs from such categories of major and area sources. On December 3, 1993 (58 FR 63941),pursuant to requirements in section 112(e),US EPA published a schedule for the promulgation of emission standards for each of the 174 initially listed source categories. The asphalt concrete manufacturing industry was one of these source categories. The US EPA may, where appropriate,delete categories of sources on the US EPA's own motion or on petition. On February 12, 2002,US EPA deleted the Asphalt Concrete Manufacturing source category on the US EPA's own motion. US EPA included this source category on the initial list notice (57 FR 31576,July 1992),because at the time,US EPA believed there were major sources in each category, either because they were major sources in their own right or because of collocation with other sources of HAPs. This source category was deleted because available data indicate that there are no major sources in any of the source categories. US EPA used emissions data and emission factors to estimate HAP emissions from eleven asphalt concrete manufacturing plants employing various production processes and different ;eels. Emissions of total HAPs at the individual plants ranged from 1.5 tons per year("tpy") to 6.4 tpy. In addition, emission factors were used to estimate HAP emissions from a plant with a high annual production of 1.2 million tons of asphalt concrete. US EPA estimated total HAP emissions from that plant to be 6.2 tpy. Based on the above information,US EPA concluded that no asphalt concrete manufacturing facility has the potential to emit HAPs approaching major source levels. As a result of this decision, the US EPA will not develop a specific regulation for the asphalt concrete manufacturing industry that requires affected sources to implement work practices and install control equipment to reduce HAP emissions. This decision does not exempt individual sources that are major sources from potentially having to comply with other regulatory requirements concerning HAP emissions. If a facility is concerned that it might be operating as a major source for HAPs,the Air Pollution Control Division("Division")recommends the facility conduct an emissions inventory and contact the Division's Operating Permit Program. The asphalt industry of Colorado continues to make significant strides towards environmental excellence and we are pleased to be partnering with your industry on the COMPASS Project and the newly initiated COMET project. Thank you for your continued cooperation in the partnership with the Division. Sincerely, Margie Perkins Director, Air Pollution Control Division cc: Chuck Hix, APCD Jill E. Cooper,Office of Environmental Programs ENVIRONMENTAL ACHIEVEMENT AWARD It, a SUMMARY OF ACHIEVEMENTS COMPANY PROFILE November 19, 2002 Colorado Asphalt Pavement Association 6880 S.Yosemite Court, Suite 110 Tom Peterson,Executive Director Englewood, CO 80112 Phone: 303-741-6150 The Colorado Asphalt Pavement Association(CAPA)is a nonprofit trade association that represents the hot mix asphalt industry in Colorado. CAPA represents 95 percent of Colorado's asphalt industry with nearly 140 organizations participating as association members. The association includes members from both producer and user organizations, including nearly 40 cities and counties. Working together, the members strive to design, construct and maintain high quality asphalt pavements. CAPA was nominated for an Environmental Achievement Award based on the continued willingness of the association and its members to work with the Colorado Department of Public Health and Environment to address compliance issues in the asphalt industry. Specifically, CAPA is being recognized for its participation in two sector-based projects focused on regulatory innovation. The first of the two projects is an innovative non- regulatory approach to achieving compliance through a Compliance Assurance Pilot Project that focuses on compliance assistance in lieu of conventional enforcement procedures. A total of 19 CAPA members volunteered 44 facilities to participate in this multi-year project. The second innovative project builds on the Compliance Assurance project by agreeing to develop comprehensive performance and measurement tools for the asphalt industry. To date, 11 of CAPA's members are participating in the second phase of the grant project. Participation in sector-based compliance projects illustrates the leadership CAPA is taking to help its members overcome reoccurring compliance issues and to achieve improved environmental performance within the asphalt sector. The results of which are already being witnessed through improved compliance and on-going commitments to support the development of a comprehensive environmental management system for the asphalt industry. The environmental benefit realized from CAPA's leadership is widespread throughout Colorado's asphalt industry. STATE OF COLORADO EXECUTIVE CHAMBERS ,of cow a' . 4 . 136 State Capitol H�% b Denver, Colorado 80203-7 92 Phone(303)866-2471 ''.r ' Bill Owens Governor November 13, 2002 Dear Environmental Leader: Thank you for being a member of Colorado's Environmental Leadership Program. You have demonstrated your commitment to the environment by going beyond compliance with environmental laws and regulations. In so doing, your efforts have positively impacted the quality of life for all citizens of the State of Colorado. Your hard work has helped improve the economy and the environment through increasing consumer and shareholder confidence, strengthening employee morale, and operating in a responsible and sensible manner. On behalf of the State of Colorado, I would like to thank you for your commitment to prove that the establishment and implementation of the voluntary environmental leadership program can make a difference in Colorado. My administration will continue to work with you on other innovative programs and continue its efforts to provide incentives for environmental leaders. cv, luKcd 0 Well( S Good afternoon, My name is Stephanie Archuleta and my husband and I hayed lived at 1621 Caroline Avenue in the town of Wattenberg for 23 years. I am here in opposition to the proposal for another gravel pit in my neighborhood. If this proposal is allowed to go forward gravel pits will essentially surround the town of Wattenberg and this pit will border our land and be approximately 200 feet from our house and well. In addition to the mining operation, we will have to deal with a processing plant, concrete and batch plant and recycling plant. I think Wattenberg has done more than its "fair share" of putting up with mining operations that basically do not benefit us. One of the main concerns that I'm talking about to you today is the horrendous traffic if this gravel pit is approved. Road 6 is our primary access to leave or return to Wattenberg. With approximately 70 Semi-trucks coming in and out of the gravel pit,every week day and possibly on Saturdays, the potential for many,many serious accidents is a reality. As of today, without all this heavy traffic, there have been about 10 deaths on Road 6 in the Wattenberg area. Another concern is that our school age children ride the school bus to and from Fort Lupton with Road 6 being its primary access road to Highway 85 and Road 23. Our children are going to be put in great danger because of the immense traffic and because most truck drivers do not observe the 35 mile speed limit. Most of them are paid by the load so they're under pressure to deliver. ! I implore you to please deny approval of the Sand and gravel pit, cement and asphalt recycling plant (Case # USR-1533). Wattenberg will be the town that pays the price! This is not the place for this sand & gravel pit! Thank you for listening to my plea! EXHIBIT I LL US2 l 53 Weld County Commissioners Public Hearing on March 15, 2006 RE: Docket Number: 2006-16 RE: Case Number: USR-1533 Good Afternoon. My Name is Sharlene Krantz and my husband and I live at 1755 Weld County Road 23. I am here to speak in opposition of USR-1533. We have many concerns regarding this proposed development by Asphalt Paving Company that will be located directly across the road to the east of our residence and property. We have lived at this location for almost 29 years and we feel that our lives and life style will be greatly compromised by this proposed development. 1. We are deeply concerned about our water well located on our property which is our only source of water for our residence and for our cattle. Mr. Keller with Asphalt Paving Company told us that they will put in a slurry wall but will that insure 100%that our water supply will not be affected? What legal recourse do we have if there are problems with our water well after the mining development is in operation? We would like to request that Asphalt Paving Company provide a written agreement clearly stating how they will mitigate any negative impacts to our water well, such as being depleted, lowered or damaged. We would also like Asphalt Paving Company to do a baseline assessment of our well and monitor the well on a bi-annual basis to ensure both the quantity and quality of our water well. 2. We are concerned about environmental issues such as: ➢ Traffic—we are concerned about the flow and volume of trucks transporting materials in and out of the gravel mine onto Road 6. I travel the stretch of Road 6 between Road 23 and Highway 85 every day as I commute to work. This section of roadway has become increasingly more dangerous because of increased volume of traffic and because of the speed of the traffic which is usually much faster than the posted speed limit. The intersection of Roads 6 & 23 is very dangerous because it sits just below a hill and oncoming traffic cannot be seen when turning off Road 23 onto Road 6. The hill and intersection is fairly close to the proposed access point into and out of the gravel mine site. We would like to see the speed limit reduced to 35 mph at the site access. With the increased truck traffic traveling through the Wattenberg community on Road 6, there are several other intersections that should be of concern—especially at school bus stops and where the school buses travel along Road 6. I work for a school district and I have a great concern for the safety of our children. There have already been a number of deaths along Road 6 and we cannot afford to put our children at an increased risk of harm. > Air pollution —dust from truck traffic and other mining operations is a serious concern. If a batch plant and concrete recycling plant is installed, airborne particles of cement, asphalt and other chemicals could be harmful to anyone living close to the proposed development. I know several people who live in close proximity to this proposed development who have breathing disorders such as asthma, allergies, EXHIBIT M M emphysema, etc. and the gravel mine operations will threaten the quality of their life. I15x2 1533 ` - 6/5 )--'\) Good Afternoon, My name is Mary Morales and my family and I live at 11510 Edwards Street . We've lived in Wattenberg for approximately 36 years. I'm here to oppose the sand and gravel pit and the cement & asphalt recycling plants(Case #USR- 1533). One of our main concerns is our water supply (both the city well and our private well). Without water , we cannot exist. Because of all the gravel pits,surrounding Wattenberg, there is a big potential for flooding also. This would affect all our community! Another concern is the traffic that will be created by all the semi-trucks using Road 6 as their primary access road coming in and out of the gravel pit. We feel that our school-age students riding one of the eight buses will be put inne danger, as well as all of us residents going and coming on Road 6, which is our main access road. This will be endangering all our families! 1, but not least, is the concern for our health! If this recycling plant is allowed, we know that our nealth will be affected by all the pollutantsgiven off by the asphalt and cement recycling plant. THIS IS NOT THE PLACE FOR THIS SAND &GRAVEL PIT OR RECYCLING PLANT! Thank you for listening to my concerns, God bless you EXHIBIT use i S33 Exhibit PP is an oversized Plat Map of the Town of Wattenberg Please see Original in File a��/ -cam Exhibit QQ is an oversized Aerial Map of the Town of Wattenberg and surrounding area Please see Original in File Hello