The URL can be used to link to this page

Browse Search

Home My WebLink About20022455.tiff SIij1, United States Department of the Interior ~-.-. :Q1 FISH AND WILDLIFE SERVICE � " Ecological Services Colorado Field Office 755 Parfet Street, Suite 361 Lakewood, Colorado 8O215 IN REPLY ES/CO: COE-Omaha peDa�me�ti Mail Stop 65412 ki Q�a�o\°F��F. MAY 1 4 2002 �e\a to\Nc\ -F�'�� E t* ‘10Ij \it0 Michael Savage 4c 464 West Sumac Court St Louisville, Colorado 80027-2227 Re: Aggregate Industries Milliken Project, Eagle Night Roosts Dear Michael Savage: We have received your information of April 12, 2002,regarding bald eagle night roost surveys for the Aggregate Industries Milliken Project(Army Corps of Engineers file#200180243) in Weld County, Colorado. Based on the project description and location, and given your adherence to proper survey guidelines,the Fish and Wildlife Service concurs with your determination that the site does not contain bald eagle night roosts. Should project plans change, or if additional information on the distribution of listed or proposed species becomes available,this determination may be reconsidered. If the Service can be of further assistance,please contact Ari Cornman of my staff at(3O3) 275- 2359. Sincerely,, A/fyidv,,,fc,L___, a LeRoy W. Carlson Colorado Field Supervisor cc: Cornman Reference:General ConsultationsW Milliken 2002-2455 I t 1) » Savage and Savage practical solutions for environmental problems 464 West Sumac Court 303 666-7372 telephone Louisville, Colorado 80027-2227 303 665-6808 facsimile Transmittal To: Danna Ortiz Company: Rocky Mountain Consultants Address: 1900 South Sunset, Suite 1-F City, State, Zip: Longmont, CO 80501 Phone: 303 772 5282 Via: USPS From: Michael Savage Company: Savage and Savage, Inc. Project: Milliken Eagle Night Roost Survey Phone: (303) 666-7372 Fax: (303) 665-6808 r-� Date: May 17, 2002 6:13 AM Mountain Time Comments: Danna, enclosed is a copy of the U.S. Fish and Wildlife Service concurrence with the results of our bald eagle night roost study for the Milliken Project. Copies have also been forwarded to those below. e3 a�- peQ 0 et- A0y ti G®�*2 -a C: Norm Roach, Aggregate Industries Kim Ogle, Weld County Planning Jerry Craig, Colorado Division of Wildlife Weld County Planning Department a GREELEY OFFICE MAY 14 2002 r tit MEMORANDUM RECEIVED TO: Kim Ogle, Planner III DATE: May 10, 2002 WI C. FROM: Donald Carroll, Engineering Administrator Wle COLORADO SUBJECT: USR-1354; Aggregate Industries Conveyor Crossing The Weld County Public Works Department has reviewed the drawing submitted from Rocky Mountain Consultants for the conveyor crossing of WCR 396. The crossing spans Weld County's 60 feet of right-of-way. The height of the crossing is minimum of 17.5 feet clearance. The Engineering and Operations Divisions agree that this meets the requirement for width and height to cross the County road and right-of-way. The applicant shall be totally responsible for keeping this crossing area free of any gravel spillage, vandalism, etc. Please contact the Ted Eyl, Weld County Public Works Department,to acquire a utility right-of-way crossing permit prior to installation. pc: Mike Boden, Rocky Mountain Consultants Dana Ortiz, Rocky Mountain Consultants Ted Eyl USR-1354 WCR 396 M:\INPFILES\DON-C\3-USR.WPD EXHIBIT V73ss, PATANA OIL&GAS CORPORATION �.. 1625 Broadway, Suite 2000 Denver, Colorado 80202 (303) 389-3600 (303) 389-3680 Fax June 14, 2002 Weld County Planning Department GREELEY OFFICE Weld County Colorado Department of Planning Services Attention: Mr. Kim Ogle, Planner JUN 1 7 2002 1555 North 17th Ave. Greeley, Colorado 80631 RECEIVED RE: Use by Special Review# 1354 Aggregate Industries- WCR, Inc. Dear Mr. Ogle: Please be advised that Patina Oil & Gas Corporation ("Patina") hereby withdraws its objections to the above captioned matter. Patina, as owner of a portion of the oil and gas mineral estate under the proposed permit area and Aggregate Industries — WCR, Inc., through their consulting firm Rocky Mountain Consultants, Inc. have agreed on specific terms and conditions, as recited under the heading "Oil & Gas Notes" on the Application Plats, which provide for the concurrent use of the surface by both parties within the permit area. The Oil and Gas Notes are recited as follows: Notwithstanding the illustrative depictions or measurements displayed or contained on the plat drawing, the following restrictions and provisions shall apply to WCR, Inc. their successors and assigns ("WCR") regarding mining operations in the vicinity of oil and gas wells ("Wells"), tanks, separators and meter runs ("Production Facilities") and gas pipelines and flow lines ("Gas Lines"). 1. There shall be a 150 foot setback radius ("Setback Area") from a Well. WCR shall not construct or install any structures or improvements within the Setback Area without the written consent of the oil and gas operator. Upon sending thirty(30) days written notice to the oil and gas operator (`Notice"), temporary mining operations may occur within the Setback Area up to 75 feet from a Well on a quarter circle basis ("Mined Segment"). Mining may be commenced on lands adjacent to a Mined Segment provided no more than one cumulative quarter circle segment is subject to mining operations at any one time. All Mined Segments, shall be reclaimed to original grade at 95% compaction within 90 days of conclusion of mining operations at the sole cost and expense of WCR. 2. WCR shall provide a minimum 40 foot all weather access road to the Wells and Production Facilities at all times. In the event WCR desires to utilize all or a portion of the access road as a haul road, WCR shall provide a minimum six (6) foot cover over Weld County Department of Planning Services June 14, 2002 Page 2 I existing Gas Lines and WCR shall be responsible for maintenance and repairs of that portion of the road so utilized. 3. In no event shall mining operations be allowed or conducted closer than 75 feet from a Production Facility or closer than 40 feet from a Gas Line. 4. Upon receipt of the Notice, oil and gas operators shall locate buried Gas Lines and install permanent markers on the surface at minimum 50 foot intervals at the sole cost and expense of WCR. 5. WCR shall be responsible for all costs and expenses related to the repair and/or replacement of any Wells, Production Facilities or Gas Lines that are damaged or destroyed as a result of WCR operations. Such costs shall also include consideration for lost production, consulting and overhead fees. If you have any questions, feel free to contact Dave Padgett at the letterhead address or (303) 389-3699. Sincerely, n PATINA OIL &/G CORPORATION alit- David W. Siple Vice President cc: Dana Ortiz-Rocky Mountain Consultants Norm Roche-Aggregate Industries-W.C.R., Inc. UNION PACIFIC RAILROAD COMPANY UNION PACIFIC IIIIII July 9, 2002 Kim Ogle Weld County Planning Department 1555 N. 17th Avenue Greeley, CO 80631 Dear Kim: RE: Case Number USR-1354—Aggregate Industries, West Central Region, Inc. in Weld County near Milliken, Colorado This is to advise that the Union Pacific Railroad and Aggregate Industries have reached an agreement in principle with regard to the issues relating to the above-mentioned property. We are confident that formal agreements pertaining to road crossings(primarily for farm equipment), land usage, a conveyor crossing and track agreements will be completed well in advance of the September hearings. As such, we ask that you please proceed with listing this subject on the September docket. If you have any questions or concerns,please do not hesitate to contact me at 303 964 4175 or e-mail—GRHIX@UP.com. Sincerely, a 277 George R. Hix Senior Business Manager 4 mitsont mot FAx TRANSMISSION COLORADO WELD COUNTY DEPARTMENT OF PLANNING SERVICES FAx: 970-304-6498 PHONE: 970-353-6100, En. 3540 To: Lee Morrison Date: July 10, 2002 Fax: 352 0242 Pages: 2, including cover Phone: x 4395 From: Kim Ogle Planner III kogle@co.weld.co.us Subject: Agreement in Principle between Aggregate Industries and Union Pacific Railroad COMMENTS: This case heard by PC held that prior to scheduling a BCC hearing, an agreement was to be in place for transport of material via conveyor across the UPRR corridor envelope and onto lands set aside for a concrete batch plant. (USR-1354 Milliken Site) Is this sufficient to proceed? If you need any further information, please feel free to contact me at the above telephone number or e- mail address. CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged confidential,and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this communication is strictly prohibited. If you have received this communication in error,please notify us immediately by telephone and return the original message to us at the above address via the U.S.Postal Service. Thank you. Kim Ogle- USR-1354 Aggregate Industries Page 1 From: Char Davis r, To: Ogle, Kim Date: 7/30/02 4:00PM Subject: USR-1354 Aggregate Industries Kim, Condition 3C-APEN has been resolved and approved. Condition 3D-CDPS has been resolved and approved. Condition 3F-Waste Handling Plan has been resolved and approved. Condition 3H-Wash area has been resolved and approved. Regards, Char Charlotte Davis, MPH Environmental Health Services Weld County Department of Public Health and Environment 1555 N. 17th Avenue Greeley, CO 80631 Work (970)304-6415 ext 2208 FAX (970) 304-6411 cdavis@co.weld.co.us r tz,$'HWd yYGkfi - ROCKY MOUNTAIN CONSULTANTS, INC. RMC A TETRA TECH COMPANY - 1900 S. Sunset, Suite 1-F Longmont, CO 80501 (303) 772-5282 FAX (303) 665-6959 July 10, 2002 Mr. Kim Ogle Weld County Department of Planning Services 1555 North 17th Avenue Greeley, Colorado 80631 RE: USR-1354, Aggregate Industries—WCR,Inc.'s Milliken Resource Dear Kim: Following is the information that Aggregate Industries is required to submit before we can schedule a Board of County Commissioners hearing. A. Attached is the notice that we sent to all mineral right owners/operators (via certified mail) to ensure they had an opportunity to comment that the oil and gas activities have been adequately incorporated into the site design. I have also enclosed signed letters from Patina Oil and Gas, Fountainhead Resources, Kerr- McGee Gathering, LLC and KP Kaufman Company. B. Enclosed is the letter you requested from US Fish and Wildlife Services (USFWS) stating we are working together on the Preble's meadow jumping mouse mitigation plan. I believe that Savage and Savage sent you a copy of the mitigation plan and the request for authorization for a Nationwide 27 permit. For your information,USFWS has 135 days from May 13, 2002, to submit a biological opinion to the Army Corps of Engineers. C. I have enclosed a copy of the certified letter that we sent to the Union Ditch Company after several unsuccessful attempts to meet with Mr. Gary Alles. In the letter we asked Mr. Alles to contact us before May 1, 2002, if he had additional concerns. We have not heard from Mr. Alles since we sent the letter. We met with representatives from the Big Thompson and Platte River Ditch in January. Attached is a letter outlining the agreement between Aggregate Industries and the ditch company. D. A letter from Union Pacific Railroad is attached. E. Attached is a letter from the Weld County Department of Public Works stating the conveyor crossing meets the County's requirements. r CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING �` www.rmcco.com Mr. Kim Ogle July �� 10, 20002 Page 2 of 3 Following is much of the information that Aggregate Industries is required to submit before we can record the plat. A2. We've added a note to the mining plan (note 9 on Sheet 4 and note 5 on Sheet 4) stating a minimum of ten(10) feet of clearance from any existing power line or future power line shall be maintained at all times as outlined by State Statute. A3.Attached is a letter from USFWS stating they concur there is no bald eagle night roost on the property. A4. The location of on-site signs are shown on the Mining Plan(Sheets 4 and 5). A5.Regarding the"Landscape, Screen and Berm Plan: proposed screening and berming is shown on the Mining Plan(Sheet 4); final landscaping is illustrated on the reclamation plan(Sheets 6, 7 and 10). We have also compiled this information onto Sheets 8 and 9 and entitled them "landscape plan"to facilitate your review. A7. The legal descriptions (contained on the Sheets 2 and 3) for the property are the mining boundary. B. Enclosed are copies of the APEN, CDPS Permit application, existing ISDS permit, Vehicle Washing Plan and Waste Handling Plan that have been submitted to the Environmental Health Division of the Weld County Department of Public Health and Environment. As we discussed, bottled water will be provided for drinking water and portable toilets will be used for sanitary purposes. C. There is no maintenance facility associated with this site(and therefore, no floor drain). D. The applicant has acquired and dedicated to the County the additional right-of- way needed to accommodate the intersection improvements at Two Rivers Parkway and Weld County Road 396 (refer to attached documentation). E. The Mining Plan reserves 50 feet of right-of-way from the centerline of Two Rivers Parkway and 30 feet of right-of-way from the centerline of Weld County Road 396. F. Evidence that the Department of Public Works has approved the conveyor crossing is attached. G. All discharge points are designated on the plat, along with the appropriate routing to the South Platte River. Mr OglJul Kim e RMC July 10, 2002 Page 3 of 3 H. Enclosed is the November 9, 2001, letter from the Division of Minerals and Geology stating that Aggregate Industries—WCR, Inc. has an approved 112c Reclamation Permit for their Milliken Resource. Please contact me to discuss this letter and the Board of County Commissioners' hearing schedule. As always, it is a pleasure working with you. Sincerely, ROCK MOUNTAIN CONSULTANTS, INC. Danna Ortiz Oit Natural Resources Planner H:\3919_007\W eldCty\WCRefe`ralResponse.doc r ROCKY MOUNTAIN CONSULTANTS, INC. RMC Premiere Building 825 Delaware Ave.,Suite 500 VIA CERTIFIED MAIL Longmont,CO 80501 (303) 772-5282 Metro (303) 665-6283 FAX (303) 665-6959 (first initial, last name)@long.rmcco.com April 22, 2002 James Briggs 531 Sandy Walk Stanford, TX 77477 Re: Aggregate Industries—WCR, Inc., Application for Use by Special Review Permit for Gravel Mining near Milliken, USR— 1354; Notification to Mineral Rights Owners and Lessees To Whom It May Concern: Aggregate Industries— WCR. Inc. is proceeding through Weld County's Use by Special Review process to permit a gravel operation on a property near Milliken (see attached Vicinity Man). We have included a copy of the mining plan and reclamation plan for your information. Please notify either Sarah Smith or me by May 6. 2002 if you have any concerns about this proposal. If I haven'theard from you. I will assume that you have no issues with the plan as it is presented. Sincerely, ( ROCKY MOL'NTA CONSULTANTS. LNC. i Danna Ortiz Natural Resources Planner Attachments H,J919!OP WddCir%incratR,enuNomicnonJamesdnggs.ae CIVIL AND E. i:':(ONMENTAL ENGINEERING • ?LANNING ROCKY MOUNTAIN CONSULTANTS, INC. RMC Premiere Building 825 Delaware Ave.. Suite 500 VIA CERTIFIED MAIL Longmont. CO 80501 (303) 772-5282 Metro (303) 665-6283 FAX (303) 665-6959 (first initial, last name)@long.rmcco.com April 22, 2002 Thomas Briggs P.O. Box 34 • Lyons, CO 80540 Re: Aggregate Industries—WCR. Inc., Application for Use by Special Review Permit for Gravel Mining near Milliken, USR— 1354; Notification to Mineral Rights Owners and Lessees To Whom It May Concern: Aggregate Industries—WCR, Inc. is proceeding through Weld County's Use by Special Review process to permit a gravel operation on a property near Milliken (see attached Vicinity Map). We have included a copy of the mining plan and reclamation plan for your information. Please notify either Sarah Smith or me by May 6, 2002 if you have any concerns about this proposal. If I haven't heard from you, I will assume that you have no issues with the plan as it is presented. Sincerely, ROCKY MOUI tCONSULTANTS, INC. A ivy/ Danna Ortiz 1� Natural Resources manner Attachments H`J919 WTWeIdCi MineraiRigSsNmilicvbmT omaBnggs dx CIVIL AND ENVI RCNMENTAL ENGINEERING • 'LANNING ROCKY MOUNTAIN CONSULTANTS. INC. RMC Premiere Building 825 Delaware Ave..Suite 500 GZ-I CERTIFIED MAIL Longmont, CO 80501 (303) 772-5282 Metro (303) 665-6283 SAX (303) 665-6959 (first initial, lcst acme)@long.rmcco.com April 22, 2002 Edkam #1-21, Ltd. co K.P. Kauffman Company, Inc. 1675 Broadway, Suite 1970 Denver, CO 80202 Re: Aggregate Industries —WCR, Inc., Application for Use by Special Review Permit for Gravel Mining near Milliken, USR— 1354; Notification to Mineral Rights Owners and Lessees To Whom It May Concern: Agdegate Industries— WCR, Inc. is proceeding through Weld County's Use by Special Review process to permit a gavel operation on a property near Milliken (see attached Vicinity Map). We have included a copy of the mining plan and reclamation plan for your information. Please notify either Sarah Smith or me by May 6, 2002 if you have any concerns about this proposal. If I haven't heard from you, I will assume that you have no issues with the plan as it is presented. Sincerely. ROCKY MOUNTAIN,CONSULTANTS, INC. Orr-- /1,,A4v Danna Ortiz Natural Resources Planner Attachments H-?nr9 i.tWeicCyMmn,FighuNomicmion,EdKami.doc CIVIL AND ENVIRONMENTAL ENGINEERING - PLANNING ROCKY MOUNTAIN CONSULTANTS, INC. RMC Premiere Building 925 Delcwcre Ave., Suite 500 VIA CERTIFIED MAIL Longmont, CO 80501 (303) 772-5282 Metro (303) 665-6283 FAX (3C3) 665-6959 (first Iniiicl. 'cst ncme)elong. mcco.com April 22, 2002 Edkam #2-23, Ltd. c/o K.P. Kauffman Company. Inc. 1675 Broadway, Suite 1970 Denver, CO 80202 Re: Aggregate Industries —WCR. Inc., Application for Use by Special Review Permit for Gravel Mining near Milliken, USR— 1354; Notification to Mineral Rights Owners and Lessees To Whom It May Concern: Aggegate Industries— WCR. Inc. is proceeding through Weld County's Use by Special Review process to permit a gavel operation on a property near Milliken (see attached Vicinity Map). We have included a copy of the mining plan and reclamation plan for your information. Please notify either Sarah Smith or me by May 6, 2002 if you have any concerns about this proposal. If I haven't heard from you. I will assume that you have no issues with the ?fan as it is presented. Sincerely, n. ROCKY MOUNTAIN CONSULTANTS, INC. kitmoi /t�Lf • Danna Ortiz ✓ Natural Resources Planner Attachments H:U919IXIT wcldCtv'MincruRignu\auficvum E KmC oc ::VIL AND _NVIRCNMENTAL ENGINEERING • rL,APINiNG ROCKY MOUNTAIN CONSULTANTS, INC. RMC Premiere Building e"^ 825 Delaware Ave.,Suite 500 VIA CERTIFIED MAIL Longmont. CO 80501 (303) 772-5282 Metro (303) 665-6283 FAX (303) 665-6959 (first initial, last name)@long.rmcco.com April 22, 2002 Edkam #3-28, Ltd. c/o K.P. Kauffman Company, Inc. 1675 Broadway, Suite 1970 Denver, CO 80202 Re: Aggregate Industries—WCR. Inc.. Application for Use by Special Review Permit for Gravel Mining near Milliken. tSR— 1354; Notification to Mineral Rights Owners and Lessees To Whom It May Concern: Aggregate Industries— WCR, Inc. is proceeding through Weld County's Use by Special Review process to permit a gravel operation on a property near Milliken (see attached Vicinity Map). We have included a copy of the mining plan and reclamation plan for your information. Please notify either Sarah Smith or me by May 6. 2002 if you have any concerns about this proposal. If I haven't heard from you. I will assume that you have no issues with the plan as it is presented. Sincerely, ROCKY MOL'VTAJA1 T CQNSULT SN S. LNC. i\SIiffr Danna Ortiz Natural Resources Planner - Attachments II:U919 007'WeldQn\rmemiRltlnsbmn¢alon EdKaml.doc CIVIL AND ENV!RCNMENTAL 3NGiNEERING • PLANNING ROCKY MOUNTAIN CONSULTANTS, INC. RMC Premiere 3uilding 825 Delaware Ave.. Suite 500 VIA CERTIFIED MAIL Longmont.CO 80501 (303) 772-5282 Metro (303) 665-6283 FAX (303) 665-6959 (first initial, last name)@long.rmcco.com April 22, 2002 Edkam #4-33, Ltd. c/o K.P. Kauffinan Company, Inc. 1675 Broadway, Suite 1970 Denver, CO 80202 Re: Aggregate Industries—WCR, Inc., Application for Use by Special Review Permit for Gravel Mining near Milliken, USR— 1354; Notification to Mineral Rights Owners and Lessees To Whom It May Concern: Aggregate Industries— WCR, Inc. is proceeding through Weld County's Use by Special Review process to permit a gravel operation on a property near Milliken (see attached Vicinity Map). We have included a copy of the mining plan and reclamation plan for your information. Please notify either Sarah Smith or me by May 6, 2002 if you have:any concerns about this proposal. If I haven't heard from you, I will assume that you have no issues with the plan as it is presented. • Sincerely, ROCK, MOUNT i CONSULTANTS, ENC. • 3ctitita VJL Danna Ortiz U Natural Resources Planner Attachments N 3919_007 WeidC:v.MinenaRrgMSNotiticanmEEKanw doc CIVIL ANC _NVIRCNMENTAL ENGINEERING - PLANNING ROCKY MOUNTAIN CONSULTANTS, INC. RMC Premiere Building 825 Delaware Ave..Suite 500 VIA CERTIFIED MAIL Longmont,CO 80501 (303) 772-5282 Metro (303) 665-6283 FAX (303) 665-6959 (first initial, last name)@Icng.rmcco.com April 22, 2002 Edkam #5-34, Ltd. c/o K.P. Kauffman Company, Inc. 1675 Broadway, Suite 1970 Denver, CO 80202 Re: Aggregate Industries—WCR, Inc.. Application for Use by Special Review Permit for Gravel Mining near Milliken. USR— 1354; Notification to Mineral Rights Owners and Lessees To Whom It May Concern: Aggregate Industries— WCR. Inc. is proceeding through Weld County's Use by Special.Review process to permit a gravel operation on a property near Milliken (see attached Vicinity Map). We have included a copy of the mining plan and reclamation pian for your information. Please notify either Sarah Smith or me by May 6. 2002 if you have any concerns about this proposal. If I haven't heard from you. I will assume that you have no issues with the plan as it is presented. Sincerely, ROC \'MOUNTCONSULTANTS. LNIC. r\V/ II LVJ Damn Ortiz Natural Resources PI er Attachments H:U919 W7WeldCq'%tinenIRi¢Ms.NotnicasIon EdKam+ax C!j!L AND ENVIRONMENTA-_ ENC NEERiNG • PLANNING ROCKY MOUNTAIN CONSULTANTS, INC. RnC Premiere Building 825 Delaware Ave..Suite 500 VIA CERTIFIED.YIr1IL Longmont,CO 80501 (303) 772-5282 Metro (303) 665-6283 FAX (303)665-6959 (first initial, last name)@long.rmcco.com April 22. 2002 Fountainhead Resources, Ltd. 7860 E. Berry Place. Suite 120 Englewood- CO 80111 Re: Aggregate Industries—WCR, Inc.. Application for Use by Special Review Permit for Gravel Mining near Milliken, CSR— 1354: Notification to Mineral Rights Owners and Lessees To Whom It May Concern: Aggregate Industries — WCR. Inc. is proceeding through Weld County's Use by Special Review process to permit a m-avel operation on a property near Milliken (see attached Vicinity Map). We have included a copy of the mining plan and reclamation plan for your information. Please notify either Sarah Smith or me by May 6, :002 if you have any concerns about this proposal. If I haven't heard from you. I will assume that you have no issues with the plan as it is presented. Sincerely. ROCKY MOU-NT, NCONSULTANTS, LNC. "la jii/ttij' Danna Ortiz ' Natural Resources Planner Attachments 4:J91e 'HT MImca,itienn.?mfiaon-Fowwsnnc,dooc CIVIL AND E...:IRCNME.4TAL ENGINEERING • PLANNING ROCKY MOUNTAIN CONSULTANTS, INC. KWIC Premiere Building 825 Delaware Ave..Suite 500 VIA CERTIFIED MAIL Longmont. CO 80501 (303) 772-5282 Metro (303) 665-6283 FAX (303) 665-6959 (first rrtict, lost name)@long.rmcco.com April 22, 2002 Norma Ruth Johnson 34517 WCR 16 Keenesburg, CO 80643 Re: Aggregate Industries —WCR. Inc.. -application for Use by Special Review Permit for Gravel Mining near Milliken. L:SR— 1354; Notification to Mineral Rights Owners and Lessees • To Whom It May Concern: I Aggregate Industries—WCR, Inc. is proceeding through Weld Countyfs Use by Special Review process to permit a ,gravel operation on a property near Milliken (see attached Vicinity Map). We have included a copy of the mining plan and reclamation plan for your information. Please notify either Sarah Smith or me by May 6, 2002 if you have any concerns about this proposal. If I haven't heard from you, I will assume that you have no issues with the plan as it is presented. Sincerely, ROCKY MOUNrIN CONSULTANTS, NC. AP V:1 1,7r- Datum Ortiz Natural Resources Planner Attachments H:U919 f0TWe&EC'-MinemlRrnhnNonticmon Smnclonnson.,luc erN CIVIL ?.ND ENVIRCNMENTAL ENGINEERING • °I A'NNNG ROCKY MOUNTAIN CONSULTANTS, INC. RITIC Premiere Building 825 Delaware Ave.,Suite 500 VIA CERTIFIED MAIL Longmont, CO 80501 (303) 772-5282 Metro (303) 665-6293 FAX (303) 665-o959 (first initial, last name)@long.rmcco.com April 22, 2002 John and Ruth Kammerzell 1537 45th Avenue Greeley, CO 80634 Re: Aggregate Industries —WCR. Inc.,Application for Use by Special Review Permit for Gravel Mining near Milliken. USR— 1354; Notification to Mineral Rights Owners and Lessees To Whom It May Concern: Aggegate Industries— WCR. Inc. is proceeding through Weld County's Ilse by Special Review process to permit a gravel operation on a property near Milliken (see attached Vicinity Map). We have included a copy of the mining plan and reclamation plan for your information. Please notify either Sarah Smith or me by May 6, 2002 if you have any concerns about this proposal. If I haven't heard from you, I will assume that you have no issues with the plan as it is presented. Sincerely, RO KY MOUN,FAIN CONSULTANTS. NC. • (4k1 trl Danna Ortiz Natural Resources Planner Attachments H:U9i9 n9TWeldOv MinmiNi¢vuNotuiawndonniCsnerenl Coc C.:VIL AND ENV!PCNMENTAL ENG;NEEr ING • PLANNING ROCKY MOUNTAIN CONSULTANTS, INC. RMC ,.n,. Premiere Building 825 Delaware Ave.,Suite 500 VIA CERTIFIED MAIL Longmont,CO 80501 (303) 772-5282 Metro (303) 665-6283 FAX (303) 665-6959 (first initial, lost ncme)@long.rmcco.com April 22, 2002 Barbara Miercort 4678 No. Versailles Ave. Dallas, TX 75209 Re: Aggregate Industries — WCR. Inc.. Application for Use by Special Review Permit for Gravel Mining near Milliken. CSR— 1354: Notification to Mineral Rights Owners and Lessees To Whom It May Concern: Aggregate Industries — WCR. Inc. is proceeding through Weld County's Use by Special Review process to permit a gravel operation on a property near Milliken (see attached Vicinity Map). We have included a copy of the mining plan and reclamation plan for your information. Please notify either Sarah Smith or me by May 6. 2002 if you have any concerns about this proposal. If I haven't heard from you. I will assume that you have no issues with the plan as it is presented. Sincerely, ROCKYMOL?i CONSULTANTS. INC. I j Danna Ortiz Natural Resources Planner Attachments 4"oic :iOT WCdCvwMmamI,tnn a,iicvan BNLPonen!meson me f �(yl! ANC =. .,."R^_NMCNTAL ENGINEERING • PLANNING ROCKY MOUNTAIN CONSULTANTS, INC. RIC r•—•• Premiere Building 825 Delaware Ave., Suite 500 VIA CERTIFIED MAIL Longmont,Co 80501 (303) 772-5282 Metro (303) 665-6283 FAX (303) 665-6959 (first initial, last name)@long.rmcco.com April 22, 2002 Thelma Jane Miner 29163 E. Church Rd. Boring, OR 97009 Re: Aggregate Industries —WCR. Inc.,Application for Use by Special Review Permit for Gravel Mining near Milliken. USR— 1354; Notification to Mineral Rights Owners and Lessees To Whom It May Concern: Aggregate Industries— WCR. Inc. is proceeding through Weld County's Use by Special Review process to permit a gravel operation on a property near Milliken (see attached Vicinity Map). We have included a copy of the mining plan and reclamation plan for your information. Please notify either Sarah Smith or me by May 6. 2002 if you have any concerns about this proposal. If I haven't heard from you. I will assume that you have no issues with the plan as it is presented. Sincerely, ROCKY MOUNTAIN CONSULTANTS. INC. Danna Ortiz Natural Resources Planner Attachments H.\3919_007 WeIcKty MincnlR,¢msNomicmpn i,eI:a"1inv.,ioc 0:VIL .>ND EN', 7CNMENTAL ENGINEERING • =LANNING ROCKY MOUNTAIN CONSULTANTS. INC. RMC Premiere 3uilding 825 Delaware Ave., Suite 500 VIA CERTIFIED MAIL Longmont.CO 80501 (303) 772-5282 Metro (303) 6.65-6283 FAX (303) 665-6959 (first initial, last name)@long.-mcao.corn April 22, 2002 Mary Frances Nelson 8448 WCR 52 Milliken,CO 80543 Re: Aggregate Industries —WCR Inc., Application for Use by Special Review Permit for Gravel Mining near Milliken. USR— 1354; Notification to Mineral Rights Owners and Lessees To Whoni It May Concern: Aguegate Industries— WCR. Inc. is proceeding through Weld County's Use by Special Review process to permit a ravel operation on a property near Milliken (see attached Vicinity Mao I. We have included a copy of the mining plan and reclamation plan for your information. Please notify either Sarah Smith or me by May 6. 2002 if you have any concerns about this proposal. If I haven't heard from you. I will assume that you have no issues with the plan as it is presented. Sincerely, ROCKY MOUNTAIN CONSULTANTS. INC. Danna Ortiz f Natural Resources Planner Attachments ,1'3Q192)07 W<IdCE,Mmm—d:¢i¢+bmicawn.Hclaun.ucr C:'Jll. ANC E';V'.PCNMENTAL ?NG;NEERING • =!ANNING ROCKY MOUNTAIN CONSULTANTS, INC. RMC Premiere 3uilding ^ 825 Delaware Ave..Suite 500 VIA CERTIFIED MAIL Longmont, CO 80501 (303) 772-5282 Metro (303) 565-6283 FAX(303) ±65-6959 (first initial, last name)@long.rmcco.com April 22, 2002 Patina Oil & Gas Corporation 1625 Broadway, Suite 1600 Denver, CO 80202 Re: Aggregate Industries —WCR. Inc.. Application for Use by Special Review Permit for Gravel Mining near Milliken. USR— 1354; Notification to Mineral Rights Owners and Lessees To Whom It May Concern: Aggregate Industries — WCR. Inc. is proceeding through Weld County's Use by Special Review process to permit a gavel operation on a property near Milliken (see attached Vicinity Map). We have included a copy of the mining plan and reclamation plan for your information. Please notify either Sarah Smith or me by May 6. 2002 if you have any concerns about this proposal. if [haven't heard from you. I will assume :hat you have no issues with the plan as it is presented. Sincerely, I ROCKY MOLNZAZ•i CONSULTANTS. ENC. JL/4.41, Danna Ortiz Natural Resources Planner Attachments Hd3919 cO WddCx MmnAR c ,C*n' O 'Pattt _,'JIL ‘r,= _N`+'RCNMENTAL ENGINEERING • ?LANNING ROCKY MOUNTAIN CONSULTANTS, INC. RIC Premiere Building 825 Delaware Ave..Suite 500 VIA CERTIFIED MAIL Longmont, CO 80501 (303) 772-5282 Metro (303) 665-6283 FAX (303) 665-6959 (firsr initial, fast narne)@long.7mcco,corn April 22, 2002 RME Petroleum Company P.O. Box 1330 Houston, TX 77251-1330 Re: Aggregate Industries —WCR, Inc.. Application for Use by Special Review Permit for Gravel Mining near Milliken. USR— 1354: Notification to Mineral Rights Owners and Lessees To Whom It May Concern: Aggregate Industries—WCR, Inc. is proceeding through Weld County's Use by Special Review process to permit a gavel operation on a property near Milliken (see attached Vicinity Map). We have included a copy of the mining plan and reclamation plan for your information. Please notify either Sarah Smith or me by May 6, 2002 ii you have any concerns about this proposal. If I haven't heard from you, I will assume that you have no issues with the plan as it is presented. Sincerely, • ROCIQ'MOUNT* gONSULTANTS. INC. f� !I �'n1./ ,' Danna Ortiz Natural Resources Planner Attachments a'a919 00TWelnCrv,Minenliti¢msNoiuicauon,RMEPenoleundoc• CIVIL AND ENVIRONMENTAL E`1GINErMNG • =LANNING ROCKY MOUNTAIN CONSULTANTS, INC. RMC Premiere Building 825 Delaware Ave.. Suite 500 VIA CERTIFIED MAIL Longmont, CO 80501 (303) 772-5282 Metro (303) 665-6283 FAX (303) 665-6959 (first initial. last name)@long.rmcco.com April 22, 2002 RML Property Investors, LLC 9145 E. Kenyon Street, Suite =00 Denver, CO 80237 Re: Aggregate Industries—WCR. Inc.. Application for Use by Special Review Permit for Gravel Mining near Milliken. CSR- 1354; Notification to Mineral Rights Owners and Lessees . To Whom It May Concern: r^ Aggregate Industries— WCR. lac. is proceeding throueh Weld County's Use by Special Review process to permit a gravel operation on a property near Milliken (see attached Vicinity Map). We have included a copy of the mining plan and reclamation plan for your information. Please notify either Sarah Smith or me by May 6, 2002 if you have any concerns about this proposal. If I haven't heard from you, I will assume that you have no issues with the plan as it is presented. i Sincer7ly, ROCKY MOUNT ONSULT N T S. LNC. LftliAlf Danna Ortiz Natural Resources Planner Attachments 4:'3919 00TWinldCty,MinmlltighuNonticxiomitMLP,rreinvcttts:.c CIVIL ANC _ <C:NMENTAL ENGINEERING • PLANNING ROCKY MOUNTAIN CONSULTANTS, INC. RIC •••••-• Premiere Building 825 Deicwcre Ave.. Suite 500 VZ1 CERTIFIED MAIL orgmont, Co 80501 (303) 772-5282 'vterro (303) 665-6283 FAX (303) 665-6959 (first initial, last ncme)@long.rmcco.com April 22, 2002 Helen Sauter 9800 WCR 52 Milliken, CO 80543 Re: Aggregate Industries—WCR. Inc., Application for Use by Special Review Permit for Gravel Mining near Milliken, USR— 1354; Notification to Mineral Rights Owners and Lessees • To Whom It May Concern: r Aggegate Industries— WCR. Inc. is proceeding through Weld County's Use by Special Review process to permit a gavel operation on a property near Milliken (see attached Vicinity Map). We have included a copy of the mining plan and reclamation plan for your information. Please notify either Sarah Smith or me by May 6, 2002 if you have any concerns about this proposal. If I haven't heard from you, I will assume that you have no issues with the plan as it is presented. Sincerely. ROCKY MOUNTAIT CQNSLZTANTS, INC. Dann Omz Natural Resources Planner Attachments 4.'3919_:97 W<IdC:%Amen:d!¢m[SouticvgmFoduceicoc CIV IL ANC °..i IRCNMENTAL ENGINEERING • PLANNING ROCKY MOUNTAIN CONSULTANTS. INC. 4 MC Premiere 3uilding r 825 Deiawcre Ave.,Suite 500 VIA CERTIFIED MAIL Lcngronr. Co 80501 (303) 772-5282 Metro (303) 665-6283 FAX ;303) 665-6959 (first initial. last ncrne)3Ic^g.rmcco.com April 22, 2002 U.S. Bank National Association, Trustee Of the T.E. McClintock Mineral Trust P.O. Box 17532 Denver, CO 80217-0532 v. Re: Aggregate Industries —WCR, Inc., Application for Use by Special Review Permit for Gravel Mining near Milliken. USR— 1354; Notification to Mineral Rights Owners and Lessees To Whom It May Concern: Aggregate Industries— WCR, Inc. is proceeding through Weld County's Use by Special Review process to permit a gravel operation on a property near Milliken (see attached Vicinity Map i. We have included a copy of the mining plan and reclamation plan for your information. Please notify either Sarah Smith oc me by May 6. 2002 if you have any concerns about this proposal. If I haven't heard from you, I will assume that you have no issues with the plan as it is presented. Sincerely/ROCKY/MOUNTAIN CO ULTANTS. INC./ (a/Va'Danna CAI/ Natural Resources Planner Attachments H3919 0q7WeldOwMinmIRighuNomienwniLS8.*coc CIVIL AND EN` ;PCIN'4IEN1.=L ENGINEERING - PLANNING ROCKY MOUNTAIN CONSULTANTS, INC. RMC Premiere Building 825 Delaware Ave.,Suite 500 VL4 CERTIFIED MAIL Longmont,CO 80501 (303) 772-5282 Metro (303) 665-6283 FAX (303) 665-6959 (first initial, last name)@long.rmcco.com April 22. 2002 Westchester Limited Liability Company iciedt /( k f kCtLF C\ 1625 Broadway. Suite 1600 me Denver. CO 30202 Re: Aggregate Industries—WCR. Inc.. Application for Use by Special Review Permit for Gravel Mining near Milliken, LSR- 1351: Notification to Mineral Rights Owners and Lessees Ito Whom It May Concern: Aggregate industries — WCR. Inc. is proceeding through Weld County's Use by Special Review process to permit a ravel operation on a property near Milliken (see attached Vicinity Map). We have included a copy of the mining plan and reclamation plan for your information. Please notify either Sarah Smith or me by May 6.2002 if you have any concerns about this proposal. If I haven't heard from you. I w-iil assume that you have no issues with the plan as it is presented. Sincerely. ROCKY MOLN AI) CONSULTANTS- INC. ,v7.; Jig Danna Ortiz j Natural Resources ?!anner Attachments :t 39! '07•xe,..C.r Mr 3qm.%cvS 3 nn r-wuneon,'.X �. . _ aJ.C 3.. . RCNMENTAL ENGINEERING • %LaNNING ROCKY MOUNTAIN CONSULTANTS. INC. RMMMC Premiere Building 825 Delaware Ave.,Suite 500 VIA CERTIFIED MAIL Longmont,CO 80501 (303) 772-5282 Metro (303) 665-6283 FAX (303) 665-6959 (first initial, last name)@long.rmcco.com April 22, 2002 Florence Annie Barber 7630 20`h Street Greeley, CO 80634 Re: Aggregate Industries —WCR. Inc.. Application for Use by Special Review Permit for Gravel Mining near Milliken, USR— 1354; Notification to Mineral Rights Owners and Lessees To Whom It May Concern: es-% Aggregate Industries— WCR, Inc. is proceeding through Weld County's Use by Special Review process to permit a gavel operation on a property near Milliken (see attached Vicinity Map). We have included a copy of the mining plan and reclamation plan for your information. Please notify either Sarah Smith or me by May 6, 2002 if you have any concerns about this proposal. If I haven't heard from you. I will assume that you have no issues with the plan as it is presented. Sincerely, ROCKY MOUNTAIN CONSULTANTS. INC. 00,7, 1 , Danna Ortiz Natural Resources Planner Attachments • H:',3919 0tWeldermmeolRi¢h6Nmdwvpmizn95detp:ue CIVIL ANC EN VIRCNMENTAL ENGINEERING • PLANNING ,� i • • J' • • •a • • • • r •• E. v 3 a )42 z i ', • Camolete items 1,2,and 3.Also complete A.„Received by(PIeasp dnt Ji Cready) ■Mle g gilt Rem a R Restricted Delivery is desired. I\ rR •❑ ❑❑ ❑ 2 0C. S. azure ■ Print your name and address on the reverse t r�h'l rWr:� 2 — so that we can return the card to you.c. /� E = 5 ■ Attacn this card to the back of the mailpiece, 1 ' ❑Agent X � 2 /� ti m l ; or on 71e front R space permits. "�. ❑Addressc pS y a = D. Is delivery address different from item 1? ❑yes a c - U. F Node Addressed to: • \ If YES,enter delivery address below: 0 No 4 y 0 r ( 3n r-NP z a o ti j r- 0 c - -z r• Ce. R r>ti e --)G 30 D-0:1-"k 5-4-re-e.$ • m g3i, r _ �rcC ° g' m _ n - i r 3. Service Type O. '�'— w _o 3 ^i = _ Certified Mail ❑ Express Mail 5 to 5 '^ } y ❑ ❑i = a EC Registered *Return Receipt for Merchandis i X d . m I ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 7 �f cc a Artie Number iCcoy from service label) M ",' o --7000 153o acre g3(0S � -) St °' d IP Q r �;I c PS Form 3811,July 1999 Domestic Return Receipt n C P /02595OOM-099. V • a Tr * d 0 1 g �. 2'5 M s E 'J 0 -> SEN• o': •C•M• ETHIS SECTION C•M•LETS THIS SECTION °N•ELIVE•Y O• `trt7� m l ■ m4iete Rams 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. r= . Der E£ n $ N t i ! ? F) tam a h Restricted Delivery is desired. , U S.. ■ ?•ant your name and address on the reverse ti• o w t'n = I a ficnature 2 C.! 1. _ so that we can return the card to you. 1 c • Q•, C i - n - I ■ 4ttacl this card to the back of the mailpiece. X1 �`� �� 0 3 z m c 3 \; OS1 ?V ® or on 71e front if space permits. . IAddesse t Y• to 7 i G -. Lmcle.addressed to: D. sl�l'elivery atldres5 oiiferent from it; `? 16s N.c • m 4 r s a Q _ If YES,enter delivery address(elow: 0 No " / SCznd� alk :v l 3. Service Type m 3 / �r'erofied Mail 0 Express Mail Ba , z ! } i �{ TX �`ft�i h (/! r I ❑ Registered Rerun Receipt for Marchandis t ❑ 0 44 I ❑ Insured Mail : ❑ C.O.D. 11. Restricted Delivery? Extra Fee) ❑Yes E 71 73 - -rccte Numoer(C:oy(mm service label) m o N 2 2 a ° i FForm3811 3811,July 1999 Domestic Return Receipt 1029•4441-0952m E al a e a w 2 dI a)519 IO. m 2 v SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY m a 5 3 • w L » •m ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print C:earty) B. Date of Delivery }_ item 4 if Restricted Delivery is desired. •�L d ❑t i ¢ • Print your name and address on the reverse �A1.9S 6./34 `/�V _ = so that we can return the card to you. C. Signs CC) & ■ Attacn this card to the back of the mailpiece, X n 0 Agent or on the front if space permits. - 0 Addressee 1 m D. from item 1? ❑Yes � � rant o v \ \ E -. Ante Addressed to: S,�t`r nno ,r) o' deli Gress below: 0 No c o Op �',-�o-- j �o r"'`�� y J _ t1 KSHe‘ ilit U (fr. 'SCSYC II N M `te 1V_) m " I Certified Mail O Express Mail �J 0 Registered 5 w �� O �• m eg etum Receipt for Merchandise w o j r ❑ Insured Mal ❑ C.O.D. J U lac. .{-� 1. Restncted Delivery?:Extra Fee) ❑yes t m .'9 p 1/4.3-N i ' co = :v�Lle Number(CCDy from service,abet) L$ "' �GCG /530 CooC 93GS ` 7 '1 •�• •� l0 �� r� PS Form 3811,July 1999 Domestic Return Receipt IrdsesOPMo952 V a 2 c e q l ■ Complete:'ems 1,2,and 3.Also complete A. Received by(Please Print CI 0 O q L 0 E 2 2 ! z° 2 i ! 4 Clearly) B. Cate of DNive item 4 if Restricted Delivery is desired. .-0 ❑❑ 0 I • Print your rame and address on the reverse �y>'ti. e. ° ' so that we can return the card to you. C. Signature a ■ Attach this card to the back of the mailpiece, ry L�,� 7 Agent 3 2 or on the front f space permits. "'/ ,. - 7 Acts_ m D. Is delivery address differs' mm i em 1? 7 Yes 3i OO $ '.,' r 1. Mice Addressed to: .d 1If YES,enter delivery address below: 7 Nc • 9—LSt-1 troc32. I m q �/ ° �, m laa.mmg -3 ' u"-4 ICernPs bureit Co 3. Sery 3 mitt � q J Pe 53 V >.. g x - - = - $ p CD aff; Certified Mail ❑ Express Mail s a = rn ❑ ❑ x' Ccsio ❑ Registered eturn Receipt for Uerc-arc 5, J X O Ci d - ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 7 Yes Co 2. Article Nampa'/Copy.from service label) C 700o f53o OOOO q3 �5 ��a5 n a r 'S Fomt 3811,.July 1999 Receipt to-:ie-aa1+-s=_ cc=S 0 `. = Domestic Return 0E 2 J r T 0 ss c r 3 2Y OF E d S C c SENDER: COMPLETE THIS SECTION C•M•LETE THIS SECTI•N•N •ELIVE•si Y c a a C Cj ; '�l • Complete t ns 1,2.and 3.Also completer'., ' A::Received by(Please Print Clearly) B. Date of De ner t i C 2 *t� a i item 4 if Restricted Delivery is desired, - 9-2.‘.2.: h `. u r / 4. - m • Prim your rame and address on the reverse m 3 q a in Q ' : a, so that we can return the card to you, C. Si.nature -o w d - 5- : • Attach this. rd to the back of the mailpiece, X f 7 Agent it; q u p q Q"r3 C - or on the iron if space permits. I. / -r 7 Accir tv a p �S D. Is delivery address dill- :4. item l? 7 Yes a ..7 = Q m Mdde,addressed:o: < _ G O (7 If YES,enter delivery ad• below: 7 No is `o h ' =�' LL dc►tn 4 c4i- ` dmfhzr eiI //.��/� COq l.i' I >✓ l.� " l 3. Service Type CD 9 A » J �(�[rJ I�Certified Mail 0 Express Mail a 2 m > b Registered ��(^�'etum Receipt for`Aercranc.se ❑ ❑❑❑ 2 ❑ ❑ Insured Mail 'O C.O.D. 4. Restricted Delivery?(Extra Fee) 7 Yes mo = m 2. Article Number Carry from service label) 7-COC /5-3 O '2OOO 934;6_ %' i - m E '1 1 ' PS Farm 3811.July 1998 r w to U �r ty Domestic Return Receipt t02w' 00-m- 2 9g• ❑k❑ W qiiiiime M� = _ a (rte r. ._. �......,:,v....,,:�. 3 m `m e $ d / SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY am I� m3m m m r a '5 r, ■ Complete items 1.2.and 3.Also Complete A. Received by(P/ease Print Clearly) B. Cate of Delver tt T `—' o co _ : ! 1" a item 4 if Res-Meted Delivery is desired. g __ ❑❑ xa • Prim your came and address on the reverse x so that we mn return the card to you. C. Si/gnet}/y� //77 r X " rY , _ ■ Attach this card to the back of the mailpiece, X(.1/ M�.t.r-� �' 7 aoem or on the front if space permits. / G 7 Accresse� D. Is delivery address different from item t? 7 Yes m 0 Article Addressed to: If YES,enter delivery address below: 7 NO o m - Q 3 tv t�� q on; er r Co rfi i E Z In \l It t x € cl I/1; \X/ o L/,` 3. Service Type p. 0 1 i i\r' /i U :i /` -1 ' Cenified Mail ❑ Express Mail res.', i " q 0 Registered Retum Receipt:cr'Aerearcse J. J ❑ Insured Mail ❑ C.O.D. ° L 9 v:e g W t.11 G = 4. Restricted Delivery?Extra Fee) 7 Yes a c o o m x 5 r 2. Article Numoe'Copy-vm service label) 7.7.80 __ _ ter 70 ? 7 'IOC oo / V � SC 8C� / t r a4.11,' L Y. z O1 PS Form 381 .,;ul 1999 Domestic Return Receipt aa t; 515 m l► - f , --- ..C. __- -- Y P X95-110-Y- T 1 N - y — m plaOls1Ralete117I atalMIZISl.7ANIV�ra.w..a.a..u.‘.,wu.r -"la= g 2 a m a Z m z o g-3 3 ■ Complete items 1,2, and 3.Also complete A. Received by(Pease Pnr.Y Cearly) I B. Dare m Delive m•c av m item 4 if Restricted Delivery is desired. a a ?F c "" • Print your name and address on the reverse _ a we 9 nsowe can rn the card to you. C. Signature O a '»0 a 3 »3 . ■ Attach this card to the back of the mailpiece, ' IAgent nZ. o m a m m �' •or on the front if space permits. _ �1 y�"�Alin 0 Address. /"� t " 'o a D. Is delivery address cfferert .m item-.? 0 Yes Za s 3 re o° m 1. Article Addressed to: 1 m = re r�; y ,� t YES,enter ce•.ivw ar.c._,ceior. 0 No 1� 4 gpaozD -P—Patna. al4 S CorpC �. -i- sa= go /6?Z5 13%C'[tdu� <D.<Er3m0 ) Oio r^� '' /D 3Om NO Y._J m F ` aro3 Z c /60 / /1 3. Service Type v dG•/ (J(i r. cDcD Certified Marl ❑ Fetes Merl m m �/ J n 7/�" /� 0 Registered ear Receipt'or Memnandit W Ven err co V ooY/r_— 0 Insured Mar C._=. 4. Restncted Deliver.?/Era-zee; 0 Yes 4' o •x n n 2 ?2. Article Number(Copy from service label) ❑ DA < "0. ''-0O 1530 . 000) 9.3 c q.7-C-/ c a a • _tmn A 01 u PS Form 3811,July 1999 Domestic Return Receipt -02535-00.M{9E: E i K R x g = _._.. _ . .. _. _ 7001 1140 0003 9654 09E2 u a ny _ . .. p'Q] ❑ ' ° , 1 e m y • SENDER: COMPLETE THIS SECTION C.M•LETE THIS SECTI.r. C•.OE_ E?w n r a R �3 � ? o a H 3 - P nib. . • Complete items 1,2,and 3.Also complete A. Received by(Please Prism C�ryet �Datept,A Zer P 3 H u z item 4 if Restricted Delivery is desired. a b (�fV[ s `� ■ Print your name and address on the reverse c� m "+ C. Signature `-" F 3 \- C so that we can return the cad to you. 9 S' y w `m ■ Attach this card to the back of the mailpiece• X GEE Agent 3' a • or on the front if space permits. D Address- E ❑ D D❑ 1 D. Is delivery address a9uveZ ton item t? ❑Yes I. Article Addressed to: a z m n o yJ o If YES,enter delver!wins dei�rr: CI ^^L . n E Pte'+✓aleum (c?tirPany _ `- . c • Boy / 330 yp� 'rte • 1 1 (0 �),p r» T rev C. ' ) a.a. -, •D m 0 Z 9U I V�( / ( 3. Service Type ` \ o w o 3 0 • 6Certified Mau 7 Stress Mal ^ m o m 5» 3 y 5m-w..< 4,71 m /7 / Registered $Per Receipt for Merchantlisr- Z• �� _a A a m 5 F $ a m 7 7,251- / ° 30 ❑ Insured Mail `7 C-C._. m gin m . l 7N"\\ O rt c y j O O p�j ^m . 4. Restricted Delivery?'Extra Fee ❑Yes 7` \ r` n ^a o '3° FA . 2. Article Number ,o u »a gag (Copy from service label) (� �t � � am �aN m ' oars /5.3 ovpL 934 5 % ? 1 1 '' �\ mop a a 2 PS Form 3811,July 1999 Domestic Return Receipt t02545m-61-0952 g F m t CD o,z W to '4,-, s11 _•o n y m D UI ! -- _ . • . _ . .. J'J � � 3 0 N N O S h m.F � a3 +J Y . `m m 1SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTIC'. C,.;t- �" °S )`. a `m° - CD ■ Complete items 1,2,and 3.Also complete A. stewed by(Pra3se Print Carry) la Dale of Deliver .�trt n - item 4 if Restricted Delivery is desired. Z.h/cx,� if...:: ■ Print your name and address on the reverse so that we can return the card to you. C. Signature O�/!� 0 D�co _ P X o > n ■ Attach this card to the back of the mailpiece, X /9) -.1e .C . 0 Addressee - w m a 3 or on the front if space permits. 0 m m o m m D. Is delivery address dffera['sn item 1? ❑Yes n $ �y j m 'mC a m 1. Article Addressed to: -T� ' If YES.enter delivery aav�s dews. 0 No C PI e—. Pro freAti it a m •cr u p 'd`gtD mg m XI • ! /43 c- `lenti0n St i l J �L .c ) ' N n Z• ' C—tti Z 200 3..Service Type �" 9 d 3 -'. , ry 4 �Certitied Mal 7 ✓.arms).tad ~ ^ I /n I ale✓, 00 ov�' 3 Registered znr.Receipt Mr Macnantlise a m s f 3 .� u m '< k/-C/Vt ( 0 Insured Mal 7 C.C_=. m1. o " p 4. Restricted Delivery?'Extra.^_e# ❑Yes Fp u K ❑ D D ❑ o 2. le Number(Copy from service label) ° Ham 0 00 'S30 0000 573(03' 76,2 4, iga a a ,. .T PS Form 3811 Jury 1999 - Domestic Return Receipt t02595-0PY-0952 ROCKY MOUNTAIN CONSULTANTS, INC. RMC r'- A TETRA TECH COMPANY 1900 S. Sunset, Suite 1-F Longmont, CO 80501 (303) 772-5282 FAX(303) 665-6959 June 3, 2002 Mr. David A Gottenborg Fountainhead Resources, Ltd. - Suite 120 Greenwood Park East 7860 East Berry Place Englewood, CO 80111 RE: Response to Fountainhead's concerns (letter dated April 28, 2002) Dear David: Thank you for discussing Fountainhead Resources' concerns with me in your April 28, 2002 letter and during our phone conversation on May 8, 2002. I have enclosed a revised set of mining and reclamation plans that reflect the commitments discussed below. .-� "Inadequate buffer zones are planned with respect to certain existing tank batteries,flowlines, pipelines, wellheads, and lease access roads." We have added notes regarding setbacks from wells,production facilities, and gas lines to the mining plans. Please refer to the attached map for details. Kammerzell#5-16 well We revised the setback for the Kammerzell #5-16 well to accommodate access to the wellhead and added the flowline for this well. *Future Drilling Per our conversation, you stated that Fountainhead Resources does not have any more reserved drilling locations un this site. Thus,Aggregate Industries' proposed mining plan is in compliance with the current Colorado Oil and Gas Conservation Commission (COGCC) ,regulations. If the COGCC changes the laws to allow in-fill drilling, it is our understanding that whatever development is present first takes precedence. Therefore, if mining has already occurred, directional drilling or other drilling technologies will be required to access the remaining oil and gas reserves. 14 ji_EX HUT LaCt CIVIL AND ENVIRONMENTAL ENGINEERING • P / � CANNING www.rmcco.com Mr. David Gottenborg RMC June 3, 2002 Page 2 of 2 Please call me if you have any questions. If this commitment is satisfactory,please indicate your acceptance by signing below. Please fax your acceptance to our office and mail the original in the self-addressed stamped envelope that is enclosed. We are trying to schedule our hearing in front of the Weld County Commissioners as soon as possible. Your prompt reply is appreciated. Sincerely, ROCKY MOUNTAIN CONSULTANTS, INC. dia,„44,4/;€_, Sarah Smith, E.I.T. Environmental Planning Technician Attachments cc: Norm Roche, Aggregate Industries, Inc. Kim Ogle,Weld County Department of Planning Services M3919_007\WeldCty\Fountainhead letter rev.doc Acceptance I, the undersigned accept Aggregate Industries— WCR, Inc. 's commitment to mitigate any problems caused by, and during, mining as described above. $ s',.6J srt 7s thc.G.//.,,,,,, .. ,F 60 O/O42 &fti av d Gottenb Date . Fountainhead Resources, Ltd. Suite 120 Greenwood Park East 7860 East Berry Place Englewood, Colorado 80111 * Fountainhead Resources' ("FR") agreement with and acceptance of the foregoing is conditioned upon Aggregate Industries' agreement (and that of its assignees or transferees) not to oppose FR in any hearing or proceeding before any agency or governmental entity relating to FR's future operations on its oil and gas leases (specifically the areas, subject to the described setbacks, surrounding its existing wells), including proposed infill or directional drilling, workovers, well deepening, sidetracking, and/or recompletion operations conducted on such areas. ROCKY MOUNTAIN CONSULTANTS, INC. RI11C ��. A TETRA TECH COMPANY 1900 S. Sunset, Suite 1-F Longmont, CO 80501 (303) 772-5282 FAX (303) 665-6959 is rQ to ' th kr June 10, 2002 (kirrQg�' ��ch aoss DF of t k W. 1 .engl net.— tk Later frietake Mr. Vern Kammerzell VJ as1}�. 12614 Highway 60 Milliken, Colorado 80543 Re: Proposed Big Thompson and Platte River Ditch Realignment Near Aggregate Industries Milliken II Gravel Mine; RMC Job No. 19-3919.007.03 Mr. Kammerzell: Per your request during the site visit with Rocky Mountain Consultants, Inc. (RMC) on December 10, 2001, RMC has discussed the potential for realigning the Big Thompson and Platte River Ditch downstream of Two Rivers Parkway(Weld County Road 27V2)with Aggregate Industries. Aggregate Industries has agreed to realign the ditch. The proposed ditch realignment should benefit both the Big Thompson and Platte River Ditch Company (Ditch Company) and Aggregate Industries. The existing and proposed ditch alignments are displayed on Figure 1. The proposed gravel mines are also displayed on the figure. Note that the mine boundaries are for existing ditch conditions. The following items outline RMC's understanding of the Ditch Company's requirements regarding the new ditch: ► The ditch will be designed to meet the flow capacity of the existing ditch but no less than 121.18 CFS (the decreed capacity of the ditch); ► Permeability of material used to construct the ditch shall be less than 10-6 cm/second. The actual thickness and design of ditch lining shall be subject to the review and approval of the Big Thompson and Platte River Ditch Company; ► Riprap erosion control embankments will be placed where necessary; ► The Ditch Company will have an easement, including a maintenance road, along the ditch; and ► The Ditch Company will be reimbursed for reasonable costs resulting from license agreement, attorney, and engineering fees for the ditch realignment. UN MIT [ tisk CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING ? www.rmcco.com RMC r Mr. Vern Kammerzell June 10,2002 Page 2 If the above text accurately describes the items that we discussed,please sign the bottom of this letter and return it to RMC. If you have any questions,please call me at 303-772-5282. Thank you for your time. Sincerely, ROCKY MOUNTAIN CONSULTANTS, INC. erO2/ Alf R. Todd Drexel RTD:sp cc: John Gauthiere, via faxmittal • .1, NEW DRAFT DITCH ALIGNMENT ALONG PROPOSED NORTH SECTION • 1 GRAVEL `�. I ' WITH0UTM DITCH DIVERSION / • \'� REALIGNMENT _ BOX i ) X � - X X X X-- X X ( ( X II / \� ! F / �; • X •\\,. �i `/ EXISTING BIG • l THOMPSON AND / / ICI BHOMPSON PLATTE RIVER DITCH / / RIVER ` / I II I! / / �n Ili hoi GAS WELL / PROPOSED a 1 / / RE—ALIGNED w I ' / DITCH LOCATION -c. __________/ /cn / R OPO ;r, '! . • // WCR 396 ROW p\P y TWO RIVERS —4I4 I /' / P GCE\G "' PARKWAY (WCR • ' II . / N P a 27 1/2) I! III �-. ') Or �! I a a o t CP N _-- c• N G /`LL w U rn N O O to O 0 200 400 I I I SCALE IN FEET C v ul a r JOB NO. 19-3919.007.03 EXISTING AND PROPOSED BIG 3nC ao THOMPSON AND PLATTE RIVER FIGURE: a DITCH ALIGNMENTS m Y, ROCKY MOUNTAIN CONSULTANTS, INC. R111C A TETRA TECH COMPANY 1900 S. Sunset, Suite 1-F Longmont, CO 80501 (303) 772-5282 June 27, 2002 FAX (303) 665-6959 Don Carroll Weld County Public Works Department 1111 H Street P.O. Box 758 Greeley, CO 80632 RE: Weld County Road 396 Realignment Milliken Mine Project Dear Don, I am sending you an original signed deed of dedication for the transfer of a small piece of property from the Kammerzells to the County as ROW. I am also enclosing an 11 x 17 copy of the construction plan that shows the realignment of WCR 396 at Two Rivers and the ROW that needed to be dedicated with the relocation. �-� Per your voice mail today, I understand that you will schedule this for a County Commissioner meeting at a future date. Please feel free to call me at (303) 772-5282 or email: mboden@long.rmcco.com if you have any questions or need additional information. Thank you for your time and help with this matter. Respectfully, ROCKY MOUNTAIN CONSULTANTS,INC. By: Mike Boden,P.E. Project Manager Cc: Dana Ortiz,RMC EXHIBIT CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING www.rmcco.com DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS that Albeit J. Kan,merzell and Karen E. Kammerzell being the owners, collectively, of all of the following described property in Weld County, Colorado,to-wit: A PARCEL OF LAND BEING A PART OF THE NORTHEAST ONE-QUARTER OF SECTION 8,TOWNSHIP 4 NORTH,RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 8, WHENCE THE WEST LINE OF SAID NORTHEAST ONE-QUARTER OF SECTION 8 BEARS SOUTH 03°46'29" EAST, SAID LINE FORMING THE BASIS OF BEARINGS FOR THIS DESCRIPTION; THENCE SOUTH 03°46'29" EAST A DISTANCE OF 476.73 FEET; THENCE NORTH 86°13'31" EAST A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 68°13'08" EAST 34.37 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 120.00 FEET AND A CENTRAL ANGLE OF 41°06'49" (CHORD BEARS SOUTH 88°46'32" EAST 84.27 FEET) 86.11 FEET; THENCE NORTH 70°40'04" EAST 36.20 FEET; THENCE SOUTH 63°54'58" WEST 161.96 FEET; THENCE NORTH 03°46'29" WEST 73.94 FEET TO THE TRUE POINT OF BEGINNING; said parcel of land containing 0.084 acres and described in Exhibit"A", attached hereto and incorporated by this reference, do hereby dedicate forever said property as a public highway, pursuant to Colorado Revised Statute 43-2-201(1)(a), free and clear of all liens and encumbrances and warrant title to the same. a4ey, n Ste' A bent K el Karen E. Kammenell r Deed of Dedication Page 2 of 3 STATE OF COLORADO ) • ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 7 day of 0,0 5 -200t6y Albert I Kammetzell and Karen E. ICammerzell. •• - tiiy fie. 1. fficial seal. `$OTARY • * ♦ + ♦ PUBLIC oo Notary Pu tc 9 •........•.Q,p OF COP My c. expires: 7 it/Zoo ri ACCEPTANCE r The County of Weld, a body corporate and politic of the State of Colorado,by and through its Board of County Commissioners, hereby accepts the above dedication of property as a public highway pursuant to Colorado Revised Statute 43-2-201(1)(a). This acceptance shall not constitute acceptance for maintenance by the County unless and until the road is improved to County standards and accepted for maintenance by separate action of the Board of County Commissioners. Dated this day of ,20 . ATTEST: COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO CLERK TO THE BOARD BY: BY: Deputy Clerk to the Board Chairman, of County Commissioners of the County of Weld • Deed of Dedication Page 3 of 3 STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this_day of , 20 ,by , Chairman,Board of County Commissioners of the County of Weld. Witness my hand and official seal. Notary Public My commission expires: 5nc ROCKY MOUNTAIN CONSULTANTS, INC. Premiere Building 825 Delaware Avenue, Suite 500 Longmont, Colorado 80501 Metro(303) 665-6283 LEGAL DESCRIPTION EXHIBIT A A PARCEL OF LAND BEING A PART OF THE NORTHEAST ONE-QUARTER OF SECTION 8, TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 8, WHENCE THE WEST LINE OF SAID NORTHEAST ONE-QUARTER OF SECTION 8 BEARS SOUTH 03°46'29" EAST, SAID LINE FORMING THE BASIS OF BEARINGS FOR THIS DESCRIPTION; THENCE SOUTH 03°46'29" EAST A DISTANCE OF 476.73 FEET; THENCE NORTH 86°13'31" EAST A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 68°13'OB" EAST 34 .37 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 120 .00 . FEET AND A CENTRAL ANGLE OF 41°06' 49" (CHORD BEARS SOUTH 88°46' 32" EAST 84 .27 FEET) 86.11 FEET; THENCE NORTH 70°40'04" EAST 36.20 FEET; THENCE SOUTH 63°54 '58" WEST 161.96 FEET; THENCE NORTH 03°46'29" WEST 73.94 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 0.084 ACRES. 41,05T cqt•c;,- :i DAT : II" /� Q A. JOH BUR?, COLORADO Pt. 16.24302 as FOR A D ON BEHALF OF 24302 ROCKY OUNTAIN CONSULTAN' , tINC. P% f):�44.•0 SUR•., .i ,5 . '% O RCot ",\�� SHEET 1 OF 2 November 1, 2001 AJB R:\0137 086.bb\SURVEY\ROW AQUISITION.doc • EXHIBIT A A PARCEL OF LAND LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 8, T4N, R66W, 6TH P.M. COUNTY OF WELD, STATE OF COLORADO. POINT OF COMMENCEMENT 0 20 40 e N 1/4, SEC. 8. T4N, R66W, 6TH PM L--1.____I 3 r I FOUND 2 3/8' ALUM. CAP IN RANGE BOX SCALE 1. , PLS 13155, 1986. PER MON. RECORD FILED awe I I 10-14-86, BY PIS 13155. it lo ie p I ^I I OWNER: ALBERT J. & KAREN E. KA MMERZfll vl I I 1 TRUE POINT OF BEGINNING I N8613'31-E - - 1 30.00' S 49. 04 f / ,r, I 4J> P R�120O0' HT}6 0 �.-- ml M86.11' CJ688'46'3rE - ail� ; n 'ca. / 3654 SO R ' u ;� + 0.084 ACRES ,----- .--""--- z NVM i �i ul S1iyfi i „„--- 3 30.00' i o� I N� Q.lSrlNG WCR 3g6 1 / j /.:: I �/ i z Iii / PO I J 'at a a 0 m o rj Inc F, LTANTS IC. S THIS EXHIBIT DOES NOT REPRESENT sst OHAWAREAWE.,suns 604 LONOMC?,Co Mt A MONUMENTED SURVEY. IT IS ONLY a INTENDED TO DEPICT THE ATTACHED /� O� /� DESCRIPTION 11 -1 -01 ` L 80-0137-086-02 v = iiII $ C i fp -- 112• ' 1 ii re Z i ::: \ ,:::::.:.:.:•.;.:.• f{ ._Ado al la o) CC PC ".:°- f :=yr.- ---1 a 2 W o» � O F- r ga G ¢ t7 ail 0 ft 4 IIa L A IIII o = p �� Z E: FI. O CY Ls Ye W ■ ,�_� LEGEND o 3' 3 ' f �m�w SMOLT ROAD • • Y - rnsTM00'a 20/0mu Jun v. 2002 O fe.CONSl$tM l W.V Y.\ • 1.• IN a£04 xn P'OYY Jun 27.2002 Dome)DY: MS o2frm BY: h16 O[CI.ED BY: BMB E JOD BUlent 8 80-013).086423 E. € � of7 K. P. KAUFFMAN COMPANY, INC. WORLD TRADE CENTER 1675 BROADWAY,SUITE 2800 DENVER,COLORADO 80202-4628 TELEPHONE(303)825-4822 FACSIMILE(303)825-4825 www.kpkcom July 1, 2002 Ms. Danna Oritz Ms. Sarah Smith Rocky Mountain Consultants, Inc. 1900 S. Sunset Street, Suite 1-F Longmont, Colorado 80501 RE: Milliken Resources Section 8 Township 4 North—Range 66 West, 6th PM KPK—Edkam 1-21 KPK—Edkam 2-23 KPK—Edkam 3-28 KPK—Edkam 4-33 KPK—Edkam 5-34 Weld County, State of Colorado Dear Ms. Ortiz and Ms. Smith: As per our conversation and correspondence concerning the subject area, the following are K. P. Kauffman Company, Inc.'s (KPK) requests for compatible surface use formulized in this letter: KPK is the assignee of the oil and gas leasehold rights and as such KPK has the right to explore for, develop, and produce certain oil, gas and other hydrocarbons that underlie the Property. KPK will retain all lease and leasehold rights within the subject area. KPK is already producing oil and gas wells on the Property and has other oil and gas production equipment on the Property including, but not limited to pipelines, tank batteries, oil and gas treaters, and lease roads as shown in Exhibit "A". KPK may have the right to drill additional wells on the Property in the future. The WCR, Inc and their successors and assigns (WCR) desires to initiate mining operations to the surface of the Property in a manner compatible with KPK's rights and obligations to produce oil and gas from beneath the surface. KPK desires to produce the oil and gas from beneath the surface of the Property in a manner that will allow WCR to mine and extract the surface of the property. The purpose of the parties to this Surface Use Agreement (Agreement) is to resolve their competing uses in a manner that will 4 EXHIBIT LtSk 4/35t/ K. P. KAUFFMAN COMPANY, INC. allow each party to maximize their use of their respective rights and at the same time provide maximum safety for uses of the Property. This Agreement is limited to the compatible development of the surface estate and the oil and gas estate. NOW THEREFORE, in consideration of the covenants and mutual promises set forth herein, including the information set forth in the recitals, the parties agree, to the extent of each of their respective interests in Exhibit"A"only, as follows: Notwithstanding the illustrative depictions or measurements displayed or contained on the attached plat drawing, also known as Exhibit "A", the following restrictions and provisions shall apply to WCR regarding mining operations in the vicinity of oil and gas wells("Wells"),tanks, separators and meter runs ("Production Facilities") and oil and gas pipelines and flow lines("Oil and Gas Lines"). 1. There shall be a 150-foot setback radius ("Setback Area") from any Well. WCR shall not construct or install any structures or improvements within the Setback Area without the written consent of the oil and gas operator. Upon sending thirty(30) days written notice to the oil and gas operator (`Notice"), temporary mining operations may occur within the Setback Area up to 75 feet from a Well on a quarter circle basis ("Mined Segment"). Mining may be commenced on lands adjacent to a Mined Segment provided no more than one cumulative quarter circle segment is subject to mining operations at any one time. All Mined Segments, shall be reclaimed to original grade at 95% within the Setback Area, in and around other Production Facilities and Oil and Gas Piplines compaction within 90 days of conclusion of mining operations at the sole cost and expense of WCR. 2. WCR shall provide a minimum 40 foot all weather access road to the Wells and Production Facilities at all times. In the event WCR desires to utilize all or a portion of the access road as a haul road, WCR shall provide a minimum six (6) foot cover over existing Gas Lines and WCR shall be responsible for maintenance and repairs of that portion of the road so utilized. 3. In no event shall mining operations be allowed or conducted closer than 75 feet from a Production Facility or closer than 40 feet from a Gas Line. 4. Upon receipt of the Notice, oil and gas operators shall locate buried Gas Lines and install permanent markers on the surface at minimum 50-foot intervals at the sole cost and expense of WCR. KPK will provide an estimate of cost for installing permanent makers. WCR shall be responsible for all costs and expenses related to the repair and/or replacement of any Wells, Production Facilities or Gas Lines that are damaged or JUL-10-2002 WED 01:29 PM FAX NO. P. 02 07/03/2002 1St 33 ROCKY PWRRIN C0NSi.Iicnrs INC + 3837165269 143.094 004 a E Zs atilLAt1 001@at18 era destroyed 41,s restdt,�of WCR opcsi Such con shall also 3001 C CO vu f! beret p ,consulting aid overhead bee. This Agars!and all of the covets in it shall be biotin upon the personal rtirmadslives,beiee, wccessors and aea'r of all of the patties end the benefits of this Apeman shall inure to thek personal reprasentadves,1es,successors,and signs. Should you understand eat apse with die above-mentioned Agreement please emote it the apace provide below.Thank you du your time on this nahtta. is - A)4(/T,c�J/ x Theach, er-eXt. ,7/s /t /?fl4re) duly authorized and appointed reptaemtive of VCR,due. AM L.y��m�d� / It_ .rd f 645 w�°,iu ZONE FIeD ` Dam J.3rfl�le 51641 G mw ai �/ th'O R/VERB-'PARKNA < rC � � ' kI ZONE �P s u / SEE;SHEET - b \` _ ` { /%�„ " -ZONE u-, ,�. ' <� * ' �/r�, �: /. �� IAL OM1( N'� I-01 I fS6 \ \ IFI®1 ` uv. Inu � bML FIND m�"' V I uric 11;1 , I _'in6 MT1dtI QMC FIND 7/ / ser ' I Ij FIHA=.P1HJ1 i .ButHoc pASPiF WOt i j ' ..li j_ `' _ /� /i' /Mlli FIHD FLVO ONf.FIND i 1 $' iI. r` '.. / 112,416A119t112,416A119i7. pp - ' • 1 W�! / 3 ' / 13, / .�$, i 1 pwsTtWE L'Ca I �� I ZONE I' { T wx'' 1 . 4 IyI G / ' ' I 205]3 - 1DF tueIPIHD I 16K TAW CPC OW / G!Z __ 1 YWUFO •I K At Y I 6A5 M81 ��+JJJ [1:21 F¢ I I OVAL PIED I-09new 11 0 ora LY r::::49‘411"E I4E�EDTItYl , 4 /FHy tom_ 1"�`��-y?a-�v�W�l pi witIFlFA I ,I/ J\ D. - / 1 // II v Fl t erl[e®veiarx ' / I G I M iG 7. . - / -. _CI -1 I I 1r ET6 I I 1/ : 0 _ t 1® r� ' aew I. /. ti / / : 43 - r - ent,or vromi f W � � � / // �� III / ICI r, 0. af'�j- -, `I' 1�1 , // a) s�alY �YYhhyYYO ' s:•-----<--i-141jQ0o I � 0 +�`OY','06. �T . "niC'N j' " . �Ira C3 CY,� V ,.inn-1 I�.. 0 al ,7 .,{� q9� /. i °' 1 . - ' / I . •-/ "-- -- Go 0/ d+ / moriat or caamo. 1m /. h — — I GO 0 C� o' /* n�xaa /,.,. I1 �' , --- s- 21 i.' % / --�'/ + ' • dam . / /. uM=Lem leemwr — i _ .aF..aEaa aei D1wue 1i ..ncrrt t jtaw�ya, It S - n'um7n^ , n�an,a . AM:L Sid.-Cii 'TWO RIVERS--PARKAS srYAia s, �f) �I , iZGAE v mm°i°Ea awr,;(4.);10-.,41(?) �i ��S �� / _-- jr '.MA' G r /d".a�� ! r/ revs \1i' `ISO O `�' i s i FIELD � I ; a"//�/ems. / °a' / q� ' -- _ V ea>aacc r' s ao ,� xmm O qx / san I 1 \ax ' / AREA �FAx ` '� / armor roc / �' I l r �� lffiRI®1 �iawra¢ ' � ' i ; �° � ,1 / ,� , F p /' "m' i/ iiiii 11 I'III d// 71 ACRES +�- ce Q� I I'. I a aexuec / I iii�� I I aY 16YX r 0 cx Zett rvu _ G /4 ; -�'© t„ �� a�n e+aZONE Ivwrns 'Ce � -� smell, �'. Q: - - r awma a co rox oou x r ' ! -I .^-91,, - It -i.-_ , i i� ,I ase�.wmn / T - .::. 6 Cr) gy ,. • �• II"awci� I / ��.. C�e , e�® o R. O arsar ewr. fi/ el W P. I a Earwax., Ih t . lI O armor :CS.OITOI / ZONEI 4', 'g l'' V IIYifl' �z r Sr. ®3; 'Q{ll i m wucx "I 4 1 ,d, .fir fey Ii � �'' I. rce rormewao I,� /®,Y p � ' oaaa t• �:/.t' •t//, ( 0i1 / T 4 iIII F.: \i' Ili 4 4 . .---. 't .."ocis- ___ : Z A _.461 I ' s 4 -¢ C{� ge��f '� *dot ar carte. i2 A --Woe _ 1 t. , ,i�/� MioMcd �j i /: i� i -V jar-x_�x �% i =xi / x�Y- P0 mover - /i. ._xTv x —L_— —� Qr�Q—A _ i Abet Lee Pagan ad Ewalt D:No�Poa -- — — — — " I 1 _ Ao/nMrtl / -- • e s vrcf ent �1�O RIVERS ?RRKlJR E ��3_of 1 _� ______.,4,7_4r sa.��- , a_ ) "tf \Al 71 - A i '�f4j y' 1- l um� / im NM!xwc/ � n 16l'blelf M • 46/ —�-� VL� (�. '. \\ I1� ,/'" ' POND OND D Y•dam/. ,7,16:147 ��4 �YYQ// , fd l '— 'd�.r / 58 PlQci +/- 0� �//�//// Ill# , i 1 IIII ay? > j MArce ig i , ! /. 4�� .7.t I n ,! // - TNJz 4.////IFtlt ///i , I t ��JI' 21AIRS. +/ r k 44s4JV47 /// Aga 'P i il , 44)/// a af t GG8 I\ cideu, k ,_________yam, p 1 o ir•.1 �� OND e 6� p 10 C /4' t it t in H � � �� d��i�ll�; ��' n , 00 cO 0 •o �`� , 0, 0 1 ilit.r;y\IIY EL let Aitir k\ \ 0 jo gv. 70'0 %/., -- ' 0 ateCt4 ,oat g I Ill li l 08cr 46-// / wl I III [, -;05,,),„ , fla �Ca ��I \ IIIII `z WGR46� j � � E i. _ - R Y-�A' // • John G.Gauthier*,P.C. Phone(970)330-0855 Gaud11�P ' 2157 Buena Vista Drive e-mail gauthierej@attbicom ani �i . Greeley,Colorado 80634 Cellular(970)302-0039 Fax(970)330-0855 July 11,2002 Danna Ortiz, P.E. Rocky Mountain Consultants, Inc. 825 Delaware Avenue, Suite 500 Longmont,Colorado 80501 dortizre lona.rmcco.com Subject: Proposed Big Thompson and Platte River Ditch Realignment Near Aggregate Industries Milliken II Gravel Mine;RMC Job No. 193919.007.03 Dear Danna: I have reviewed the following document regarding the proposed Big Thompson and Platte River Ditch realignment near Aggregate Industries Milliken II Gravel Mine. 1) Fax of draft letter and sketch from R. Todd Drexel addressed to Mr. Vern Kammerzell dated June 10,2002. I respectfully offer the following comment,regarding the above document: 1) Regarding the first bullet on the first page from"The ditch will be designed to meet the flow capacity of the existing ditch(but no less than the decreed capacity of ditch as of June 10, 2002);". A search of the Division of Water Resources data indicates that the decreed capacity of the ditch is 121.18 CFS. Charge the first bullet on the first page to read "The ditch will be designed to meet the flow capacity of the existing ditch but no less than 121.18 CFS(the decreed capacity of ditch);" 2) Charge the second bullet on the first page from "The ditch will be constructed of low- permeability material (e.g., no less than 10-6 cm/second);"to read as follows: Permeability of material used to construct the ditch shall be less than 10-6 cm/second. The actual thickness and design of ditch lining shall be subject to the review and approval of the Big Thompson and Platte River Ditch Company. 3) The submitted sketch is conceptual in nature and does not reflect the degree of setback for ditch lateral support issues nor the"precise"route. It is understood that final design of the relocation of the ditch should address among other things, the horizontal setback of mining operation from the ditch and associated lateral support issues. Additionally, the northern end of the ditch realignment should be less serpentine. The rest of the draft letter is acceptable. Thank you for the opportunity to review the letter. If you have any questions,give me a call. Sincerely, g John G.Gauthiere, P.E. cc: Mr.Vem Kammerzell, President, Big Thompson and Platte River Ditch Company ets/T em Weld County P!a-r.n; ,t C[ ELC r 1 _. A!J3 13 2002 Wilson Farms 9268 WCR 28 ns '''' Platteville,Colorado 80651 i•64—'La-.. b 7 August 2002 Weld County Commissioners PO Box 758 915 10th Street Greeley,Colorado 80631 Members of the Board: Attached is my response to the Division of Minerals and Geology(DMG)concerning an investigation they performed regarding concerns we had for a drop in water level in wells in the area. It is not my intention to attempt to embarrass or otherwise criticize the DMG before the Board of Commissioners. My concern is that the DMG report was submitted to the Commission as part of the record in hearings(USR 1347)on 31 July 2002 in support of Applicant's request for approval for a gravel mining operation. The hearing relating to USR 1347 was continued until 11 September 2002. At that time,during the period for public comment,we will further address the impact on area wells from mining operations should it be neirccary and/or appropriate. Thank you. ea' iBi-lson (14 Wilson Farms CC: Robert Anderson,Planner e i IXHISIY ..: rs - itb sv re‘ eTh /"`, Wilson Farms 9268 WCR 28 Platteville,Colorado 80651 7 August 2002 Mr. Carl Mount Colorado Division of Minerals and Geology 1313 Sherman Street Room 215 Denver,Colorado 80203 RE: Inspection report dated 27 June 2002 concerning Varna Companies performed by Kate Pickford. Dear Mr.Mount, The purpose of this letter is to request a meeting with the DMG. We finely believe that a re-inspection is warranted in response to our original complaint transmitted to the DMG by letter dated 13 June 2002. The factual basis underlying that complaint remains uncontested by and inadequately dealt with by the inspection report dated 27 June 2002. Inspector Kate Pickford submitted it: ➢ No attempt was made to contact the complainants,Bruce&Roberta Wilson,to ascertain which wells in the vicinity were purported to be dry,experiencing problems,or had experienced"documented" drops in water levels. We were not permitted the courtesy of being a party to either the inspection or the report The data we possess in support of the potential for damage to water levels due to the mining&dewatering was simply ignored > The substance of the report dismissing the complaint centers on the fact that crops in the vicinity had not failed(report observations 5&6). I find this to be both an appalling and mostly irrelevant factor in assessing whether or not area wells had experienced a drop in water levels. I sincerely hope that the standard used by DMG to access whether or not well damage is occurring is not the existence of crop failure.I would argue that such a standard is obviously too little/too late. Our future livelihood demands a more immediate test of the possibility of injury and the implementation of remedial measures. > The visual inspection by the Inspector ignores the use of surface water rights for irrigation She cites, "The Wilson property appeared to be well irrigated during the inspection..."(Observation 5). In fact, my farm south of WCR 28 is irrigated solely with surface water rights. There are no irrigation wells on this farm. Additionally,the report observes: (Observation 6) "A pond north of the Wilson property was full the day of the complaint..." This "pond"is Wheeler Lake. It is resupplied solely from water from the Lupton Meadows Ditch. Again, no water is supplied by wells. (Observation 5) "...Adjacent pivot irrigation systems were operational and the crops served by these systems appeared to be successful." At least one of the systems referenced here would be the pivot operated by the Pyeatt Family farms. It is located southeast of the mine. The pit for the pivot is adjacent to WCR 28. It is about %1 mile from the Varra dewatering operation. That pivot is supported by Lupton Meadows ditch water,as well as an irrigation well. Therefore,the simple observation that the pivot was operating is dangerously biased as to whether or not there might be a problem with the well. In fact,the well serving this pivot is one of the wells now experiencing problems. The owners recently had to install a surge valve to protect the pumps because the water was surging. The well is currently pumping about 400GPM. The prior norm was 800 GPM. The well immediately to the north can now be observed to be surging. It is easily observable from WCR 28. The pipe appears to vary from'A to about'/1 full. r r. > The inspector did activate a"well east of the pit"(Observation 5). This is certainly relevant to the issue. However,it appears that the Inspector merely turned it on and observed that it pumped water at 800 GPM. There may,or may not,be a problem with the subject well. I don't know if we have internal data relating to that well. Its location wasn't specifically identified. Nevertheless,it must be noted that the length of time the well was observed would not be long enough to test whether it could sustain a flow rate sufficient to irrigate effectively or to detect surging under operating conditions. Insofar as the well referred to as"north of the Wilson property"(Observation 6),we own that location too. We have not,however,experienced surging problems. The well pumps well below 600 GPM,but that may be mechanical issues rather than water depth However,that well is about 150 yards west of Wheeler Lake. I would expect it would be one of the last wells in the area to experience surging doe to its location&the recharge impact from Wheeler Lake. It is also a mile from the Varra pit. It is based upon the above observations that I request a meeting with the appropriate personnel with DMG. I also ask to be included as a participant in any re-inspection that may occur. I believe that many of the problems identified above could have been avoided had we been permitted to offer input at the time of the inspection. It is also particularly disturbing that the pit operator can be considered as the sole source of information necessary to conduct the investigation. . For example,there is no evidence of independent verification of discharge flow rates. It is merely stated as"According to Mr.Vann..."(Observation 4). Meanwhile,data that we have gathered to quantitatively establish drops in water levels was not examined. Please note that I am copying the Weld County Commissioners. This is because we learned of the existence of the report during hearings before that body for another gravel pit on July 31,2002. The report was submitted by representatives of the applicant as data purporting to show that mining operations had not damaged wells in the surrounding area,with the inference that other pits nearby likely wouldn't either. I cannot allow that potential inference to go uncontested. It is inaccurate. Thank you for your attention to these issues. We look forward to a hearing from the Division. Sincerely, Biviee 1son Wilson Farms CC. Weld County Board of Commissioners Robert Anderson,Manner,Weld County Kevin Rein,Office of the State Engineer Chris Gates,Colorado Department of Public Health&Environment r 08/20/2002 09:53 ROCKY MOUNTAIN CONSULTANTS INC 4 970 304 6498 NO.221 1)02 wy�� Jahn G.Gauedere,P.E. Phone(070)330-0855 V E • • 2157 Buena VIsta Drive e-mail gaupuerei®atmi.cam 7;` �. Grassy,Colorado 80834 ,Cellular(W0)302-0079 Fag(970)330-0855 August 15,2002 Derma Ortiz,RE. Rodw Mountain Consultants,Inc. 1900 South Sunset Street,Suite 1-F Longmont,Colorado 80501 don iz@lono-nnccacont Subject Proposed Big Thompson and Platte River Ditch Realignment Near Aggregate Industries Milliken l l Gravel Mine RMC Jab No.19-3919.007.03 Deer Dare: I have reviewed a letter signed by R.Todd Drexel of RMC to Mr.Vem kammerzell dated July 29.2002. The letter refletts revisions requested in my letter to you July 19.2002. The revised July 29. 2002 letter is acceptable. Thank you for the opportunity for review_ If you have any questions,give me a call. rrxrrrrly.A •. John G. Gauthiere,P.E. cc: Mr.Vem Kamrnazell.President.Big Thompson and Platte River Ditch Company '' EXHIBIT h LG #1354' 08/20/2002 09:53 ROCKY MOUNTAIN CONSULTANTS INC 4 970 304 6498 NO.221 p01 ROCKY MOUNTAIN CONSULTANTS, INC. Rrnc TRANSMITTAL 1900 S.Sunset Street, Suite 1-F • Longmont, Colorado 80501 (303) 772-5282 • Metro(303)665-6283 Fax(303)565-6959 TO: aid (0u42r� FROM: , OPPirrn%/! Rs DATE: - PROJECT: mil i �CXjj t ppirm,z, ATTN: 1C.f+enl JOB NO.: L7VAS"LL9_007-to Phone: /FAX: Number of pages sent(including this ' pages if you do not receive all v cover): , - soy_/(�_qv' C-I pages, or if transmission is not clear please call RMC at Messenger-Pickup 772-5282 or 665-6283. Mail Other WE ARE SENDING YOU: Copies Description ( ettryi,ems ,� , z W„kA kaLete If enGosures are not as noted,please nobly us promptly. THESE ARE TRANSMITTED: For Approval tveAs Requested i/ For Your Use For Review and Comment COPY TO: a /pl yy�i��j�� rJc C�fg wiyAPleat- ad/ _'"lJ(.cs i �`V CIVIL AND ENVIRONMENTAL ENGINEERING • PLANNING r 1 1 i it it I CASE NO.';? 'PA:412 q ACRES �•l NAME 1.%rifle, REQUEST"<e.. A PUBLIC HEARING CONCERNING THIS ' • PROPERTY WILL BE HELD AT 915-10th STREET. GREEL.EY. COLORADO 80631. • ONN 2e. ■WULAT 'l. r FOR MORE INFORMATION CALL THE ' WELD COUNTY DEPT OF PLANNING SERVICES AT 356-4000. I 1 • EXHIBIT 152 t 1359 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 4;11/411313 Sherman 5t.,Room 215 Denver,Colorado 80203 DIVISION OF Phone:(303)866-3567 M 1 N E RA L S FAX:(303)832-8106 & GEOLOGY December 13, 2001 R E C L A M A T I O N MINING•SAFETY Norm Roche Bill Owens Aggregate Industries -WCR, Inc. Governor 3605 S.Teller St. x Eeg E.warner Executive Director Lakewood,CO 80235 Michael B.Long Division Director Re: Milliken Resource,Amendment Approval,Permit No.M-2000-087 Revision No.AM-1 Dear Mr. Roche: On December 12, 200I the Division of Minerals and Geology approved the Amendment application submitted to the Division on August 23,2001, addressing the following: Add 287.6 acres to existing 205.2 acres. Total acreage will be 492.8 acres • The terms of the Amendment No. 1 approved by the Division are hereby incorporated into Permit No. M-2000-087. • The conditions of the Division approval are noted below. Please note that all other provisions of Permit No. M-2000-087 remain in full force and effect. Stipulation No. 1 The operator shall install a drain to prevent the mounding of groundwater upgradient of the slurry wall. Engineering plans for the drain must be submitted to the Division, and approval received from the Division, prior to the construction of the drain. The drain must be in place prior to the construction of the slurry wall. The estimated liability amount of$622,000.00 for the Milliken Resource, must be submitted to and approved by the Division prior to conducting any mining on the site. If you have any questions,please contact me at(303) 866-4062. Sincerely, &R. qi Environmental Protection Specialist cc: Carl B. Mount, DMG Barbara Chiappone, DMG Danna Ortiz, Rocky Mountain Consultants, Inc. 4. EXHIBIT M:bssAANDkencN1-RV-02 M2000087_GRS_2001 1213_13425 PM.doc It j35y Folder No. Audit No. OVERHEAD CONVEYOR BRIDGE CROSSING AGREEMENT Mile Post • MSubdivision Location: THIS AGREEMENT is made and entered into as of the day of • 2002, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (hereinafter "Licensor"), and , whose address is (hereinafter "Licensee"). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article I. LICENSOR GRANTS RIGHT. In consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter,during the term hereof,to construct,maintain,repair,replace, and operate one (1) Overhead Conveyor Bridge Crossing(hereinafter the"Pipeline Bridge") upon approval of detailed engineering in conformity with the dimensions and specifications indicated on the attached Exhibit "A'print. 'Under no circumstances shall Licensee modify the use of the Pipeline Bridge for a purpose other than the above-mentioned, and said Pipeline Bridge shall not be used for any other use, whether such use is'currently technologically possible, or whether such use may come into existence during the life of this Agreement. Article H. CONSTRUCTION,MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached. Article III. IF WORK IS TO BE PERFORMED BY CONTRACTOR. If a contractor is to do any of the work performed on the Pipeline Bridge(including initial construction and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its contractor to execute the Railroad's form Contractor's Right of Entry Agreement. Licensee acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms; provisions, and requirements, and will inform its contractor of the need to execute the Agreement. Under no circumstances will Licensee's 4. EXHIBIT Page 1 of 3 AA L &&24hWW`I Folder No. Audit No. contractor be allowed onto Licensor's premises without first executing the Contractor's Right of Entry Agreement. Article IV. INSURANCE. A. Before entering Licensor's property, the Licensee, at its expense, shall obtain the insurance described in Exhibit B-1, hereto attached. The Licensee will also provide to the Licensor a Certificate of Insurance,identifying Folder No. , issued by its insurance carrier confirming the existence of such insurance and that the policy or policies contain the following endorsement: UNION PACIFIC RAILROAD COMPANY is named as an additional insured with respect to all liabilities arising out of the existence, use or any work performed on or associated with the Pipeline Bridge crossing located on Railroad right of way at Mile Post on the Subdivision, at or near B. If the Licensee named in this Agreement is a public entity subject to any applicable statutory tort laws, the limits of insurance described in Exhibit B-1 shall be the limits the Licensee then has in effect or which is required by applicable current or subsequent law, whichever is greater, a portion of which may be self-insured with the consent and approval of the Licensor C. All insurance correspondence shall be directed to: Folder No. , Union Pacific Railroad Company,Real Estate Department, 1800 Famam Street, Omaha,NE 68102. Article V. TERM. This Agreement shall take effect as of the date first herein written and shall continue in full force and effect until terminated as herein provided. Article VI. SPECIAL PROVISIONS. 1. Licensee shall be responsible for the structural design,safety,workmanship, and maintenance of Pipeline Bridge. This includes,but is not limited to,containment of the conveyor system so that the tranported material cannot fall onto the track. 2. The minimum horizontal clearance for all support structures is 50 feet from the centerline of track, as measured at right angles from the centerline of track. 3. The minimum vertical clearance for all structures is 24 feet above the top of rail. 4. No overhead work shall be performed while trains are passing under Pipeline Bridge. 5. Any relocation of signal wires shall be coordinated through Railroad's Manager ^ of Signal Maintenance,and Licensee shall be responsible for the expense thereof. Page 2 of 3 Folder No. Audit No. 6. Flagman protection shall be required whenever Licensee occupies Railroad right of way. This protection shall be coordinated through Railroad's Manager of Track Maintenance, and Licensee shall be responsible for the expense thereof. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed as of the date first herein written. UNION PACIFIC RAILROAD COMPANY By: Contracts Representative By Title Page 3 of 3 OH PLE EXB 980112 Fonn Approved,AVP-Law D DC,�a7Q7�i+toll B Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED. a) The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire property including the right and power of the Licensor to construct, maintain, repair, renew, use, operate,change,modify or relocate railroad tracks,signal,communication,fiber optics,or other wirelines, pipelines and other facilities upon,along or across any or all parts of its property,all or any of which may be freely done at any time or times by the Licensor without liability to the Licensee or to any other party for compensation or damages. b) The foregoing grant is also subject to all outstanding superior rights(including those in favor of licensees andiessees of the Licensor's property,and others)and the right of the Licensor to renew and extend the sane, and is made without covenant of title or for quiet enjoyment. Section 2. CONSTRUCTION.MAINTENANCE AND OPERATION. a) The Pipeline shall be constructed, operated, maintained, repaired, renewed, modified and/or reconstructed by the Licensee in strict conformity with plans approved by Licensor and Union Pacific Railroad Co.Common Standard Specification 1029 adopted November 1949,and all amendments thereof and supplements thereto,which by this reference is hereby made a part hereof, except as may be modified and approved by the Licensor's Vice President-Engineering Services. In the event such Sperifiration conflicts in any iesped with the requirements of any federal,state or municipal law or regulation, such requirements shall govern on all points of conflict,but in all other respects the Specification shall apply. b) All work performed on property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor. c) Prior to the commencement of any work in connection with the construction,maintenance,repair,renewal,modification, relocation,reconstruction or removal of the Pipeline where it passes over the roadbed and track or tracks of the Licensor, the licensee shall submit to the Licensor plans setting out the method and manner of handling the work,including the shoring and cribbing, if any, required to protect the Licensor's operations,and shall not proceed with the work until such plans have been approved by the Vice President-Engineering Services of the Licensor and then the work shall be done to the satisfaction of the Vice President-Engineering Services or his authorized representative.The Licensor shall have the right,if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the time of construction,maintenance,repair,renewal, modification, relocation, reconstruction or removal of the Pipeline, and in the event the Licensor provides such support, the licensee shall pay to the licensor,within fifteen(15)days after bills shall have been rendered therefor,all expense incurred by the Licensor in connection therewith,which expense shall include all assignable costs. Section 3. NOTICE OF COMMENCEMENT OF WORK. If an emergency should arise requiring immediate attention,the Licensee shall provide as much notice as practicable to Licensor before commencing any work. In all other situations,the licensee shall notify the Licensor at least ten(10)days(or such other time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in connection with the construction,maintenance,repair,renewal,modification,reconstruction,relocation or removal of the Pipeline. All such work shall be prosecuted diligently to completion. Section 4. LICENSEE TO BEAR ENTIRE D(PFNSF,. The Licensee shall bear the entire cost and expense incurred in connection with the construction, maintenance,repair and renewal and any and all modification,revision,relocation,removal or reconstruction of the Pipeline,including any and all expense which may be incurred by the Licensor in connection therewith for supervision,inspection,flagging,or otherwise. Section 5. REINFORCEMENT,RELOCATION OR REMOVAL OF PIPEI,INF. a) The license herein granted is subject to the needs and requirements of the Licensor in the operation of its railroad and in the improvement and use of its property,and the Licensee shall,at the sole expense of the Licensee,reinforce the Pipeline, or ohple.exb Page 1 of 4 Exhibit B • O1i PLE EXB 980112 Form Approved,AVP-Law any of its supporting structures,or move all or any portion of the Pipeline or any of its supporting structures,to such new location or remove the Pipeline or any of its supporting structures, from such property,as the Licensor may designate, whenever, in the furtherance of its needs and requirements,the Licensor shall find such action necessary or desirable. b) All the terms,conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in the location hereinbef ore described shall, so far as the Pipeline remains on the property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section. Section 6. NO INTERFERENCE W1TH LICENSOR'S OPERATION. The Pipeline and all supporting structures and all parts thereof within and outside of the limits of the property of the Licensor shall be constructed and, at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant,continuous and uninterrupted use of the tracks,property and facilities of the Licensor, and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. a) Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Licensee shall telephone the Licensor at 1-800-336-9193(a 24-hour number)to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications compcmy(fes)involved arrange for a cable locator,make arrangements for relocation or other protection of the fiber optic cable, all at Licensee's expense, and will commence no work on the right of way until all such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of or caused in any way by Licensee's failure to comply with the provisions of this paragraph. b) In addition to other indemnity provisions in this Agreement,the Licensee shall indemnify and hold the Licensor harmless from and against all costs,liability and expense whatsoever(including,without limitation,attorneys'fees,court costs and expenses) caused by the negligence of the licensee,its contractor,agents and/or employees,resulting in(1)any damage to or destruction of any telecommunications system on Licensors property,and/or(2)any injury to or death of any person employed by or on behalf of any telecommunications company,and/or its contractor,agents and/or employees,on Licensor's property,except if such costs, liability or expenses are caused solely by the direct active negligence of the Licensor. Licensee further agrees that it shall not have or seek recourse against Licensor for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Licensor's property or a customer or user of services of the fiber optic cable on Licensor's property. Section 8. CLAIMS AND LIENS FOR LABOR AND MATRRiAT;TAXES. a) The Licensee shall fully pay for all materials joined or affixed to and labor performed upon property of the Licensor in connection with the construction,maintenance,repair,renewal,modification or reconstruction of the Pipeline,and any supporting structures,and shall not permit or suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against and from any and all liens, claims, demands,costs and expenses of whatsoever nature in any way connected with or growing out of such work done,labor performed,or materials furnished. b) The Licensee shall promptly pay or discharge all taxes,charges and assessments levied upon,in respect to,or on account of the Pipeline,to prevent the same from becoming a charge or lien upon property of the Licensor,and so that the taxes,charges and assessments levied upon or in respect to such property shall not be increased because of the location, construction or maintenance of the Pipeline or any improvement, appliance or fixture connected therewith placed upon such p'operty, or on account of the Licensee's interest therein. Where such tax,charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor,then the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the licensee's property upon property of the Licensor as compared with the entire value of such property. Section 9. RESTORATION OF LICENSOR'S PROPERTY. ohple.exb Page 2 of 4 Exhibit B • OH PLE EXB 980112 Fenn Approved,AVP-Law In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in any manner move or disturb any of the other property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction,relocation or removal of the Pipeline,then in that event the Licensee shall,as soon as possible and at Licensee's sole expense,restore such fence and other property to the same condition as the sane were in before such fence was taken down or such other property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its officers, agents and employees,against and from any and all liability,loss,damages,claims,demands,costs and expenses of whatsoever nature,including court costs and attorneys'fees,which may result from injury to or death of persons whomsoever,or damage to or loss or destruction of property whatsoever,when such injury,death,damage,loss or destruction grows out of or arises from the taking down of any fence or the moving or disturbance of any other property of the Licensor. Section 10. INDEMNITY. a) As used in this Section,"Licensor'includes other railroad companies using the Licensor's property at or near the location of the licensee's installation and their officers,agents,and employees;'Loss'includes loss,damage,claims,demands,actions, causes of action,penalties,costs,and expenses of whatsoever nature,including court costs and attorneys'fees,which may result from: (a) injury to or death of persons whomsoever (including the Licensor's officers, agents, and employees, the Licensee's officers,agents,and employees,as well as any other person);and/or(b)damage to or loss or destruction of property whatsoever (including Licensee's property,damage to the roadbed,tracks,equipment,or other property of the Licensor,or property in its care or custody). b) As a major inducement and in consideration of the license and permission herein granted, the Licensee agrees to indemnify and hold harmless the Licensor from any Loss which is due to or arises from: 1. The prosecution of any work contemplated by this Agreement including the installation, construction, maintenance,repair,renewal,modification,reconstruction,relocation, or removal of the Pipeline, its supporting structures,or any other part thereof;or • 2. The presence,operation,or use of the Pipeline or contents escaping therefrom, except to the extent that the Loss is caused by the sole and direct negligence of the Licensor. Section 11. REMOVAL OF PIPELINE UPON TERMINATION OF AGREEMENT. Prior to the termination of this Agreement howsoever,the Licensee shall,at Licensee's sole expense,remove the Pipeline and all supporting structures from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore,to the satisfaction of the Licensor, such portions of such property to as good a condition as they were in at the time of the construction of the Pipeline. If the Licensee fails to do the foregoing,the Licensor may do such work of removal and restoration at the cost and expense of the Licensee. The Licensor may,at its option,upon such termination, at the entire cost and expense of the Licensee, remove the portions of the Pipeline and all supporting structures located over its roadbed and track or tracks and restore such roadbed to as good a condition as it was in at the time of the construction of the Pipeline,or it may permit the Licensee to do such work of removal and restoration to the satisfaction of the Licensor. In the event of the removal by the Licensor of the property of the licensee and of the restoration of the roadbed and property as herein provided,the licensor shall in no manner be liable to the licensee for any damage sustained by the Licensee for or on account thereof,and such removal and restoration shall in no manner prejudice or impair any right of action for damages,or otherwise,that the Licensor may have against the Licensee. Section 12. WAIVER OF BREACH. The waiver by the Licensor of the breach of any condition,covenant or agreement herein contained to be kept,observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent breach thereof. Section 13. TERMINATION. a) If the licensee does not use the right herein granted or the Pipeline for one(1)year,or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty(30)days after written notice from the ohple.exb Page 3 of 4 Exhibit B OHTLE EXB 980112 Form Approved,AVP-Law Licensor to the Licensee specifying such default,the Licensor may,at its option,forthwith immediately terminate this Agreement by written notice. b) In addition to the provisions of subparagraph(a)above, this Agreement may be terminated by written notice given by either party hereto to the other on any date in such notice stated,not less,however,than thirty(30)days subsequent to the date upon which such notice shall be given. c) Notice of default and notice of termination maybe served personally upon the Licensee or by mailing to the last known address of the Licensee. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued, or liabilities,accrued or otherwise,which may have arisen prior thereto. Section 14. AGREEMENT NOT TO BE ASSIGNED. The Licensee shall not assign this Agreement,in whole or in part,or any rights herein granted,without the written consent of the Licensor,and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted,whether voluntary,by operation of law,or otherwise,without such consent in writing,shall be absolutely void and,at the option of the Licensor, shall terminate this Agreement. Section 15. SUCCESSORSAND ASSIGNS. Subject to the provisions of Section 14 hereof,this Agreement shall be binding upon and inure to the benefit of the parties hereto,their heirs, executors,administrators, successors and assigns. • ohple.exb Page 4 of 4 Exhibit B PLIWUDRAINAGE INS.02/16101 Form Approved,AVP-Law EXHIBIT B-1 Union Pacific Railroad Company Insurance Provisions For Pipeline/Wireline/ Drainage License Agreements Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a single limit of at least $2,000,000 each occurrence or claim and an aggregate limit of at least$4,000,000. Coverage must be purchased on a post 1998 ISO or equivalent form, including but not limited to coverage for the following: • Bodily injury including death and personal injury • Property damage • • Fire legal liability(Not less than the replacement value of the portion of the premises occupied) • Products and completed operations The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance: • "For purposes of this insurance, Union Pacific Railroad payments related to the Federal Employers Liability Act or a Union Pacific Wage Continuation Program or similar programs are deemed not to be either payments made or obligations assumed under any Workers Compensation, disability benefits,or unemployment compensation law or similar law." • The exclusions for railroads (except where the Job site is more than fifty feet (50') from any railroad including but not limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground hazard shall be removed. • Coverage for Licensee's (and Licensor's) employees shall not be excluded • Waiver of subrogation Business Automobile Coverage insurance. This insurance shall contain a combined single limit of at least $2,000,000 per occurrence or claim, including but not limited to coverage for the following: • Bodily injury and property damage • Any and all motor vehicles including owned, hired and non-owned The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance: • "For purposes of this insurance, Union Pacific Railroad payments related to the Federal Employers Liability Act or a Union Pacific Wage Continuation Program or similar programs are deemed not to be either payments made or obligations assumed under any Workers Compensation, disability benefits,or unemployment compensation law or similar law." • The exclusions for railroads (except where the Job site is more than fifty feet (50') from any railroad including but not limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground hazard shall be removed. • Motor Carrier Act Endorsement-Hazardous materials dean up(MCS-90) if required by law. C. Workers Compensation and Employers Liability insurance including but not limited to: • Licensee's statutory liability under the workers'compensation laws of the state(s) affected by this Agreement • Employers'Liability(Part B)with limits of at least $500,000 each accident,$500,000 disease policy limit $500,000 each employee If Workers Compensation insurance will not cover the liability of Licensee in states that require participation in state workers' compensation fund, Licensee shall comply with the laws of such states. If Licensee is self-insured, evidence of state approval must be provided along with evidence of excess workers compensation coverage. Coverage shall include liability arising out of the U. S. Longshoremen's and Harbor Workers'Act,the Jones Act,and the Outer Continental Shelf Land Act, if applicable. The policy shall also contain the following endorsement which shall be indicated on the certificate of insurance: • Alternate Employer Endorsement D. Umbrella or Excess Policies In the event Licensee utilizes Umbrella or excess policies, these policies shall "follow form" and afford no less coverage than the primary policy. PLIWLIDRAINAGE INS.02116101 Form Approved,AVP-Law ,--Other Requirements E. Punitive damage exclusion must be deleted,which deletion shall be indicated on the certificate of insurance. F. Licensee agrees to waive its right of recovery, and its insurers, through policy endorsement, agree to waive their right of subrogation against Licensor. Licensee further waives its right of recovery,and its insurers also waive their right of subrogation against Licensor for loss of its owned or leased property or property under its care, custody and control. Licensee's insurance shall be primary with respect to any insurance carried by Licensor.All waivers of subrogation shall be indicated on the certificate of insurance. G. All policy(ies) required above(excluding Workers Compensation) shall provide severability of interests and shall name Licensor as an additional insured. Severability of interest and naming Licensor as additional insured shall be indicated on the certificate of insurance. H. Prior to commencing the Work, Licensee shall furnish to Licensor original certificate(s) of insurance evidencing the required coverage, endorsements, and amendments. The certificate(s) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies)to notify Licensor in writing of any cancellation or material alteration. Upon request from Licensor,a certified duplicate original of any required policy shall be furnished. I. Any insurance policy shall be written by a reputable insurance company acceptable to Licensor or with a current Best's Insurance Guide Rating of A-and Class VII or better, and authorized to do business in the state(s)in which the service is to be provided. J. Licensee WARRANTS that this Agreement has been thoroughly reviewed by Licensee's insurance agent(s)/broker(s), who have been instructed by Licensee to procure the insurance coverage required by this Agreement and acknowledges that Licensee's insurance coverage will be primary.• K. The fad that insurance is obtained by Licensee or Licensor on behalf of Licensee shall not be deemed to release or diminish the "'lability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Licensor shall not be limited by the amount of the required insurance coverage. Dana nr Hello