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Home My WebLink About20050281.tiff APPLICATION TO AMEND WELD COUNTY USE BY SPECIAL REVIEW (MINING OPERATION) PERMIT NUMBER 1255 Fort Lupton Sand and Gravel Mine Weld County, Colorado Prepared for: L.G. Everist, Inc. 7321 East 88`h Avenue, Suite 200 Henderson, CO 80640 (303) 287-4656 Prepared by: Banks and Gesso, LLC 720 Kipling St., Suite 117 Lakewood, CO 80215 (303) 274-4277 September 20, 2004 2005-0281 04004 Banks and Gesso, LLC Table of Contents page 1.0 Introduction 1 2.0 Application Form and Fees 2 3.0 Submittal Checklist 3 4.0 Maps and Drawings 6 5.0 Questionnaire 7 6.0 Road Access Information 13 Appendix A: Reduced Maps 15 Appendix B: Evidence of Adequate Water Supply 16 Appendix C: Evidence of Adequate Sewage Disposal 22 Appendix D: Deeds and Legal Right to Enter Documents 25 Appendix E: Certificate of Conveyance 26 Appendix F: Soils Report 27 Appendix G: Division of Minerals and Geology Permit and Application 31 Appendix H: Oil and Gas Agreements 36 Appendix I: Ditch and Irrigation Agreements 37 Appendix J: Property Owners Within 500 Feet 38 Appendix K: Mineral Owners and Leases 39 Appendix L: IGA Notice of Inquiry 40 Appendix M: Electronic Copy of Maps and Drawings 42 Note: Appendices are not included with all application packages, at the direction of Weld County Planning staff. Please refer to original application package, on file with the Weld County Planning and Zoning Department, for copies of all appendices. Amendment to USR 1255—Ft. Lupton Sand and Gravel Mine September 20,2004 L.G. Everist, Inc. 04004 Banks and Gesso, LLC 1.0 Introduction L.G. Everist, Inc. is requesting an Amendment to Use By Special Review (Mining Operation) Permit Number 1255 to increase the permitted acreage at the Fort Lupton Sand and Gravel Mine. This Amendment will increase the life of the mine, but not the expected annual production. The Applicant is not asking for an increase in the allowed number of trucks, as production will merely transfer to the amendment area as existing reserves are depleted. L.G. Everist, Inc. proposes to mine sand and gravel in five additional phases, resulting in five additional lined water storage reservoirs. This amendment application has been prepared and submitted under the provisions of the Weld County Zoning Ordinance. The current mine area is located on 85 acres in the South 1/2 of the Northwest '/, of Section 30, Township 2 North, Range 66 West. It is approximately '/< mile south of WCR 18 and '/� mile west of U.S. Highway 85. The amendment will expand the acreage of the mine site by approximately 212 acres, of which approximately 165 acres will be mined. Property Ownership The new parcels to be included are located immediately west, north and east of the current mine site and are depicted on both the Vicinity Map and the Mine Plan Map. The owners of the additional parcels are: Phone Owner Address Number Parcel Number Gary and Gloria Swingle 11992 Weld Co. Rd. 18 303-857-9407 131125002002 Fort Lupton, CO 80621 Randall Panowicz 12100 Weld Co. Rd. 18 Not available 130930000075 Fort Lupton, CO 80621 Kevin and Rebecca Parker 12140 Weld Co. Rd. 18 303-857-9299 130930000076 Fort Lupton, CO 80621 Steven Eber and Suzan Folletz 12206 Weld Co. Rd. 18 303-857-4634 130930000002 Fort Lupton, CO 80621 Judy A. Oakley 12236 Weld Co. Rd. 18 303-857-9230 130930000070 Fort Lupton, CO 80621 Gomer and Julane M. Hill Living Trust 12526 Weld Co. Rd. 18 303-857-6546 130930000074 Fort Lupton, CO 80621 130930000073 Golden Properties, LLC 2431 Eagleview Circle 303-485-5196 130930000051 Longmont, CO 80504 130930000068 Existing zoning and current land use of the properties to be added is Agriculture. Legal Description of the Property Lot Nos. 1,2,3 and 4, located in the N ''/I of the NW '/, and Lot No. 6, located in the SW 1/4 of the NE 1/4 of Section 30, Township 2 North, Range 66 West, 6th P.M., County of Weld, State of Colorado; Also, Lot No. 3, located in the E % of the NE 1/4 of Section 25, Township 2 North, Range 67 West, 6th P.M, County of Weld, State of Colorado; All platted as The Lupton Meadows Land Co. Division No. 3, showing Subdivisions of Sections 24-25-19 & 30 of Township 2 North, Ranges 66 and 67 West, Weld County, Colorado. Amendment to USR 1255—Ft.Lupton Sand and Gravel Mine September 20,2004 L.G.Everist,Inc. Page 1 04004 Banks and Gesso, LLC 2.0 Application Form and Fees See Application Form on the following page. An application fee of$9040.00 ($5,000 for first 10 acres, plus $20 for each additional acre within the amendment area) is included with the application package. First 10 acres = $5,000 202 acres x $20 = $4,040 Total 212 acres = $9,040 Amendment to USR 1255—Ft. Lupton Sand and Gravel Mine September 20,2004 L.G. Everist, Inc. Page 2 DEPARTMENT OF PLANNING SERVICES 1555 N 17th Avenue,Greeley,Colorado 80631 Phone (970)353.6100,Ext 3540 Fax (970)304-6498 USE BY SPECIAL REVIEW(MINING OPERATION)APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED RECEIPT#/AMOUNT It___ 1$ CASE#ASSIGNED APPLICATION RECEIVED BY PLANNER ASSIGN ED To be completed by APPLICANT is accordance with procedural guide requirements 1 I(we).the undersigned,hereby request a hearng before the Weld County Planning Commission concerning a proposed__eand ani Gravel(gravel,coal, borrow pit,etc )mining operation for the following described unincorporated area of Weld County Legal Description Please see"Introduction" ,Section___,Township___North. Range___West Flood Plain_ Yes___ Zone District__ A ___. Total Acreage 297(212 ,Overlay()strict NO new) ---___ Geological Hazard No __,Airport Overlay District_No __ 2 Surface owner(s)of area of lend described Please see"Introduction" Name _ Address _ __Phone _ _ Name Address Phone _ _ ______ 3 Owners)of mineral rights or substance to be mined Please see Appendix K r-� Name Address _____ ______ Phone ______________ Name Address Phone 4 Applicant's name L.G. Everist, Inc. EmailAddress__ Address _7_321_E_RRth Ave_Slate 2f)Q..1Ieoder an CO R0640 Phone X3-287-4656 5 Identify any prior permits for mining held by applicant or affiliated person _______ USR 1255- Fort Lupton Sand&Gravel Mine(L.G. Everist, Inca_ ___ U,sR 1326-j4boaann Sand&Gravel a(L.G_Eycrist. USR 874-Camenisch Resource(Andesite Rock Co.) USR 840-Carr Gravel Resource(Andesite Rock Co.) I (We) request that the following described properly be designated a Recorded Exemption by the Weld County Board of County Commissioners I (We) hereby depose and state under penalties of perjury that al statements, proposal ,an,for plans sub milted with or contained within the application are true and correct to the best of my (our -•.w =dge Signatures of all fee owners of property must sign this application If an Authonzed Agent signs, a •t r .i thonzaton from all fee owners must be included with the application If a corporation is the fee owner. •I ze evidence m cluded sh wi g the signatory has to legal authority to sign for the corporation sign re Owner or Authonzed Agent Date Signature Owner or Authorized Agent Dale SIuik ck (oIorJc )� CA h 01- cr-in BY Ph. to v 15 Tl ��h n z� 1 a aEI teJ9(G b1 J . I" �G, f 6„ �' .�. EV�/clS 1, ; P 6C L. G. El?LSj INC. S.`.. 1 i0 NOVA Y P061-1C- • i.. cµl1)fo�1 . FCUti art t k ts' My Commission Expires Jan.22,2036 04004 Banks and Gesso, LLC 3.0 Submittal Checklist Please see the attached, completed submittal checklist for description and location of all required items. Amendment to USR 1255—Ft. Lupton Sand and Gravel Mine September 20,2004 L.G. Everist, Inc. Page 3 04004 Banks and Gesso, LLC SPECIAL REVIEW(MINING OPERATION) SUBMITTAL CHECKLIST ITEMS REQUIRED FOR SUBMITTAL Sec. Z.0 One (1) original application form plus 29 copies - (additional copies maybe required,on request of the Department of Planning Services) Sec.4.0 Thirty (30) copies of the Special Review plat map (24-X36' - See attached page 6 for Map requirements ) App_A Eleven (11)8.1/2"x 11"reduced copy of the(24'X36") Special Review plat App. M Eleven(11)8-1l2"x11"Photo Mechanical Transfer(PMT)or electronic digital copyof map.if requirea Sec. 5.0 One(1)original Special Review Use questionnaire plus nineteen (29) copies SeC_..0 One (1)orignal Weld County Road Access Information Sheet plus nineteen(29)copies App_B Twelve (12)copies of document showng evidence of adequate water supply(e g commercial well permit or letter from water district) App C Twelve(12)copies of documents hawing evidence of adequate sewage disposal(e g septic permit or letter from the sanitary sewer district) App f) Eleven (11)copy of deed or legal instrument identifying applicant's interest in the property App._E One(1) original Certificate of Conveyances form and any attachments, completed within thirty(30) days of the applicabon submission date N/A Two (2)copies of Nose Report. d required by the Department of Planning Services App. F Two (2) copies of Soils Report Soils Reports are available from local Soil Conservation Berme Offices App_D Source of applicant's legal rigni to enter and to mine on the land descnbed (Include certified copy of any document(s)noted App._G Copy of OMG permit AnnJj Oil and Gas Agreement(s) gal Ditch/irrigation Agreement App_J One (1) copy of affidavt and certified list of tie names, addresses and the corresponding parcel identification number assigned by the Weld County Assessor of tie owners'of property(the surface estate)within 5QQjget of property berg considered This 1st shall be compiled from the records of the Weld County Assessor, the Weld County Website,r.r•.v .0 ,:ei .., 1. or a person qualified to do me task, and shall be current as of a date no more than thrty (30) days prior to the date the application is submitted to the Department of Planning Services App. K One (1) copy of affidavit and certified list of tie names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered The 1st shall be prepared from the real properly records by a person qualified to do the task, and shall be current as of a date more than thirty(30)days prior to the date the application is submitted to are Department of Planning Services Note Mineral Notification s rn additon to that required by C R S 24.65 5-102 through 104 1 Amendment to USR 1255—Ft.Lupton Sand and Gravel Mine September 20,2004 L.G. Everist,Inc. Page 4 04004 Banks and Gesso, LLC AB)._L Notice of Inquiry if located within an Intergovernmental Agreement(IGA) boundary Sec. 2.0 Application fee N/A $500 00 investigaton fee, if requred Post Appraise Special Review plat recording fee($11 00 first page • $10 00 each additional page) .r— 2 Amendment to USR 1255—Ft.Lupton Sand and Gravel Mine September 20,2004 L.G.Everist, Inc. Page 5 04004 Banks and Gesso, LLC 4.0 Maps and Drawings The following Use by Special Review Map set includes the following drawings: Sheet 1: Index Map and Extraction Standards Sheet 2: Vicinity Map Sheet 3: Extraction Plan Map Sheet 4: Landscape, Screening and Buffering Plan Map f'^ Amendment to USR 1255—Ft.Lupton Sand and Gravel Mine September 20,2004 L.G.Everist,Inc. Page 6 04004 Banks and Gesso, LLC 5.0 Questionnaire 1. Detailed description of the method of mining operation: a. Structures and Processing Equipment No new structures will be built. The expanded operation will utilize the same equipment that is currently permitted on the site. The scale house and processing equipment will be periodically relocated, however, as mining progresses. Future locations of the processing plants and scale house are shown on the "Extraction Plan Map." b. Number of Shifts to be Worked and Maximum Number of Employees Shifts and numbers of employees working the site will remain unchanged from the original USR permit. c. Wet or Dry Pit Each new phase will be dewatered and dry mined. d. County Roads and Bridges Utilized Truck traffic counts will remain as approved in the existing USR permit. Trucks originating from this operation will continue to use the existing haul route and traffic splits that were approved by the County during the review and approval process for USR 1255. The only change related to traffic will be that the site access will move west on County Road 18 as mining progresses. Only one commercial access point will exist at any given time. Please see the "Extraction Plan Map" for access locations A (existing), B and C. e. Size of Area and Stages to be Worked at Any One Time The addition of the new properties will result in the creation of 5 new mine phases. Only one phase will be mined at any given time. The Hill-Eber-Oakley Pit will be mined first, and will be lined with a slurry wall. The order in which the additional phases will be mined will be determined at a later time. See the table below for approximate mined acreage in each phase. f. Timetable for Various Stages of Operation Phase Range Mined Acreage Hill-Eber-Oakley Pit 6-8 years 44 acres Parker-Panowicz Pit 5-7 years 26 acres Swingle North Pit 6-8 years 37 acres Swingle South Pit 6-8 years 38 acres Golden Pit 4-6 years 20 acres TOTALS 27- 37 years 165 acres g. Depth and Thickness of Materials to be Removed Based on exploratory drilling of the properties, sand and gravel averages approximately 33 feet in depth. Overburden to be removed averages approximately 3 feet in depth. Amendment to USR 1255—Ft.Lupton Sand and Gravel Mine September 20,2004 L.G.Everist, Inc. Page 7 04004 Banks and Gesso, LLC h. Proposed Reclaimed Use and Explanation of Reclamation Process All additional mine cells will be reclaimed for use as lined water storage reservoirs. Slurry walls or clay liners will seal the mine cells from the surrounding alluvial aquifer. Reservoir slopes will be backfilled to a minimum slope of 3:1, and pond edges and other disturbed areas will be graded, topsoiled and reseeded. Please see the Division of Minerals and Geology Amendment Application in Appendix G for more detail. i. Source of Technical Advice Banks and Gesso, LLC 2. Statement of Consistency with Weld County Comprehensive Plan This amendment application has been prepared to conform to all Mineral Resource Goals and Policies contained in the Weld County Comprehensive Plan as described below: CM Goal 1: Conserve lands which provide valuable natural mineral deposits for potential future use in accordance with state law. The amendment area does contain a valuable sand and gravel deposit, and permitting of the site for this use will ensure that material is available to meet future needs. CM Goal 2: Promote the reasonable and orderly development of mineral resources. This amendment proposes to mine the additional property as existing reserves are depleted. There is not expected to be an increase in the average production rate, thus ensuring the Applicant a permitted sand and gravel supply in the future. Reasonable and orderly development of mineral resources requires that companies plan for and permit (via the Special Review process) additional deposits prior to the depletion of existing reserves. CM Goal 3: Minimize the impacts of surface mining activities on surrounding land uses, roads and highways. There will not be any change in the permitted truck count or average production rate, and therefore no additional impacts on surrounding lands and roads, other than a change in the access location. The access location change will be accompanied by road improvements equal to the impact of such change, per future agreement between the Applicant and Weld County Public Works Department. CM Goal 4: Minimize hazardous conditions related to mining activities and the mining site. There will not be any change in the number or type of processing equipment used at this site, or in the average production rate. Equipment will be relocated within the amendment area as mining areas are depleted and reclaimed. The plant and processing areas will continue to be setback from County Roadways, and partially screened via the use of vegetated berms and landscaped areas along the property perimeter. Reclocations to the access road are designed to maintain adequate site Amendment to USR 1255—Ft.Lupton Sand and Gravel Mine September 20,2004 L.G.Everist,Inc. Page 8 04004 Banks and Gesso, LLC distances and minimize impacts on surrounding land uses. In addition, the applicant will continue to conform to all County, State and Federal regulations, and maintain a safe operation via the use of warning signs, gates and security lighting. CM Goal 5: Provide for timely reclamation and reuse of mining sites in accordance with Chapters 22, 23 and 24 of the Weld County Code. L.G. Everist practices concurrent reclamation to minimize surface disturbance as much as possible. Final reclamation will begin within one year of completion of mining activities in any given phase, and seeding and plantings will be done at an appropriate time of year. Topsoil will be stockpiled separately from overburden for use in reclamation. Although cottonwood trees will be removed in a portion of the property to accommodate mineral extraction, removal will be performed at an appropriate time of year (as recommended by wildlife biologists), and wildlife habitat will ultimately be mitigated and enhanced via a landscape plan that increases the diversity of trees and vegetation along the river corridor. CM Goal 6: The extraction of mineral resources should conserve the land and minimize the impact of surrounding land. The reclamation plan for this site proposes to create five additional lined water storage reservoirs, thus creating a low-impact, post-mining land use that is beneficial to both people and wildlife. 3. Statement of Consistency with Intent of District The subject property is located within the `A' (Agricultural) Zoning District. The intent of this district is to "provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production without the interference of other, incompatible land uses... (T)he 'A' District is also intended to provide areas for the conduct of Uses by Special Review which have been determined to be more intense or to have a potentially greater impact than Uses Allowed by Right." Mineral resource development is one of the Uses by Special Review in the 'A' (Agricultural) District. The existing permitted Special Use is adjacent to the properties that will be added through this amendment application. This application has been designed to meet the intent of the Zone District and the requirements of the Use by Special Review. 4. Conservation of Productive Agricultural Land This site is not "Prime Farmland", as designated by the Weld County Prime Farmland Map. Property west of the Lupton Bottom Ditch is labeled "Irrigated Land (Not Prime)" and property east of the Ditch is labeled as "Other Land". The construction of water reservoirs will obviously result in the permanent removal of much of the property from agricultural use. The conversion of this land from agricultural to lined water storage, however, will have a beneficial effect on agricultural users in Weld County in general because of the increased availability of water storage. All portions of the property currently under cultivation are likely to remain as farmland until that phase is mined. T Amendment to USR 1255—Ft.Lupton Sand and Gravel Mine September 20,2004 L.G. Everist,Inc. Page 9 04004 Banks and Gesso, LLC 5. Statement of Adequate Provisions to Protect the Health, Safety and Welfare The expansion of this site will not increase truck traffic on County Road 18 or dust emissions, as the purpose of the amendment is to increase the life of the mine, not the annual production. The health, safety and welfare of Weld County residents and L.G. Everist's employees will continue to be protected through continued compliance with County, State and Federal laws and regulations, as well as through regular internal inspections, training, and improvements to best management practices for dust control, noise suppression, truck traffic safety and stormwater management. 6. Statement of Compatibility with Existing Uses Existing land uses immediately surrounding the property are typically agricultural and rural residential in nature. In addition, there are currently four County-permitted sand and gravel mines, in addition to the Applicant's Fort Lupton Sand and Gravel Mine, located within two miles of the amendment area (Weld County's Koenig and Bearson pits, SW Meadow LLC's Heit mine, and NCCI's Zadel mine-aka NCCI Pit#1). The mining and reclamation plans (water storage) for the amendment areas have been designed to be compatible with the surrounding existing land uses and approved future land uses. Future uses immediately surrounding the subject properties will be agricultural in nature. The development of the properties upon reclamation to water storage facilities will have little impact on the surrounding uses and is consistent with the future anticipated uses of surrounding properties. 7. Existing Land Use The additional parcels are primarily used for rural residential purposes, cropland (primarily forage crops-hay and alfalfa) animal husbandry and private recreational purposes. 8. Other Details a. How many people will use this site? Maximum 11 employees. b. Hours of Operation No change from existing permitted hours. c. Type/number of animals on site. None. d. Vehicle type and access schedule: No change from existing permit. e. Fire protection Fort Lupton Fire District f. Water source A Substitute Water Supply Plan (Plan) for the existing mine was submitted to the Amendment to USR 1255—Ft. Lupton Sand and Gravel Mine September 20,2004 L.G. Everist, Inc. Page 10 04004 Banks and Gesso, LLC ^ State Engineer's Office (SEO) and was approved on September 12, 2001. An updated Plan for the mining area was approved in June, 2004 (see Appendix B for a copy of the Amended Approval Letter, dated September 16, 2004). As described in the updated Plan, all depletions from mining will be fully replaced by two sources of augmentation water- Lupton Bottom Ditch shares during the irrigation season and winter water leased from various sources for the remainder of the year. The Plan will be operated according to any terms and conditions imposed by the SEO. Depletions and diversions will be recorded on an accounting form and reported to the SEO on a monthly basis. g. Sewage disposal system See Appendix C for a copy of the Weld County approval for the existing septic system. When the scale house is relocated, a new engineered system will be installed and permitted. h. Storage and Warehousing No change from existing permit. i. Storage and stockpiling of waste material Waste materials (natural dirt/rock that is not marketable) resulting from mineral processing activities (crushing, screening, washing) will be used for backfilling and reclamation activities. Waste materials will be temporarily stored in the processing area, and used for reclamation and backfilling as soon as practicable. j. Landscape and screening plan During mining activities, the properties will be partially screened by the placement of trees, shrubs, and overburden and topsoil stockpiles that will be seeded with a temporary cover crop (see 'Landscape, Screening and Buffering Plan Map' for proposed screening berm locations). Screening berms are not proposed in all areas, however, as the applicant desires to maintain site distances along County Road 18 and 25, and because topography would make the placement of berms irrelevant for screening purposes in some areas (particularly along the western property boundary). The applicant desires to have this Landscape Plan approved during the public hearing process. k. Construction and landscaping schedule The landscape plan will be implemented in each phase concurrently with the initial earthwork (topsoil removal and overburden stripping). Berms will be seeded and trees will be planted during the next suitable planting season after construction of the screening berms. I. Reclamation Procedures This site will be reclaimed to lined water storage reservoirs (utilizing either a slurry wall or clay liner for each phase) as described in the Division of Minerals and Geology (DMG) amendment application (see Attachment G) and DMG conditions of permit approval. m. Storm Water Drainage Each phase will be graded separately, to direct storm water run-off to the dewatering trenches, and discharged to the river. Process and storm water will be discharged under a valid Colorado Department of Public Health and Amendment to USR 1255—Ft. Lupton Sand and Gravel Mine September 20,2004 L.G. Everist, Inc. Page 11 04004 Banks and Gesso, LLC Environment (CDPHE) Water Quality Control Division discharge permit. n. Method and schedule for removal of wastes No change from existing permit. o. Need of proposed use There is a long-term need for sand and gravel products in Weld County and the greater Denver area to maintain and improve the infrastructure, including roadways, residential and commercial development. Weld County annual growth over the past 10 years averaged 3.6%, with total growth from 1993 to 2003 at 42.2%. Population estimates for Weld County predict an average of 3.0% annual growth for the next 10 years. L.G. Everist, Inc. is a natural resources company whose continuing business depends upon reliable and economic source of raw materials, including sand and gravel. p. Overlay District Regulation Statement As with the current mine area, the additional properties fall within the 100-year floodplain boundary for the South Platte River. The existing mining operation currently operates under an approved Flood Hazard Development Permit issued by Weld County. The Flood Hazard Development Permit will be amended to include the properties that will be added to the mine area as a result of this USR amendment application. None of the properties fall within a geologic hazard or airport overlay district. r .r^ Amendment to USR 1255—Ft.Lupton Sand and Gravel Mine September 20,2004 L.G. Everist, Inc. Page 12 04004 Banks and Gesso, LLC f 6.0 Road Access Information See the following document"Weld County Road Access Information Sheet." The type and number of trucks accessing Weld County Road 18 will not change. The site access will be relocated to Access B and/or Access C as mining progresses (see Extraction Plan Map for locations). Access C will remain the permanent reservoir site access after reclamation, and any existing access point will be permanently closed at that time. There will only be one access for commercial traffic to County Road 18 at any given time. Also attached is a letter from LSC Traffic Consultants, Inc. regarding the current status of Weld County Road 18. Amendment to USR 1255—Ft. Lupton Sand and Gravel Mine September 20,2004 L.G. Everist, Inc. Page 13 r^ WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 1111 H Street. P 0 Box 758, Greeley, Colorado 80632 Phone (970 )356-4000, Ext 3750 Fax (970) 304-6497 Road File# Date RE # Otner Case # 1 Applicant Name L.G. Everist, Inc. Phone 303-287-4656 Address 7321 E. 88th Ave, Suite 200 City Henderson state CO Zip 80640 2 Address or Location of Access WCR 18 (2100 feet east of WCR 25) Section 30 Township 2 North Range 66 West Subdivision Block Lot_ Weld County Road # 18 Side of Road South Distance from nearest intersection 2100 ft. 3 Is there an existing access to the property? Yes_ X _ No # of Accesses 1 4 Proposed Use ❑ Permanent ❑ ResidentiairAgrcmturala Industrial 14 Temporary U Subdivision ❑ Commercial ❑ Other ********************************f***************«xxx******wWth*********************************»* 5 Site Sketch Please see "Extraction Plan Map"for proposed access locations. Only one access will be used at any given time. Legend for Acces Description: AG = Agricultural ____1 L_ RES = Residential O8G = Oil 8 Gas D R = Ditch Road 0 = House O = Shed A = Proposed Access = Existng Access Ni OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By Title 11 04004 Banks and Gesso, LLC f LSC TRANSPORTATION CONSULTANTS,INC. 1889 York Street Denver,CO 80206 (303)333-1105 - FAX(303)333-1107 E-mail:Isc@Iscdenver.com Web Site:http://www.lscdenver.com TRANSPORTATION CONSULTANTS, INC. April 20, 2004 Mrs. Lynn Mayer L.G. Everist, Inc. 7321 E.88th Avenue, Suite 200 Henderson, CO 80640 Re: Ft. Lupton Gravel Mining Facility Traffic (LSC#000290) Dear Mrs. Mayer: This letter is written to address traffic impacts due to the expansion of the Fort Lupton Gravel pit from the existing 80-acre site to approximately 290 acres(an addition of approximately 210 acres). The attached exhibit shows the existing site and proposed expansion. It is our understanding that the number and distribution of gravel trucks related to this site will not change from our assumptions in the May 11, 2000 traffic impact study for this site. In that report we assumed 21 entering and 21 exiting vehicles during the AM peak-hour and 23 entering and 23 exiting vehicles during the PM peak-hour. In addition,we assumed 75 percent of the site-generated traffic would be oriented to the south on US 85,23 percent would be oriented to/from the north on US 85 and the remaining two percent of the site generated traffic would be oriented west along CR 18. Due to the fact that the number and distribution of site-generated traffic is not expected to change from previous assumptions, the conclusions and recommendations expressed in our May,2000 report remain valid. Attached to this document is a copy of our May, 2000 traffic study for this site for your reference. M R f We trust that this information will assist you with further planning for the proposed development of the Ft. Lupton site. Please call if we can be of further assistance. Respectfully submitted, LSC Transportation Consultants, Inc. "M-M�•Ar' ALI _°: njami . Waldman, .E. • BTW/wc '•..eee.••••••t Enclosure: Figure 1 May 2000 TIS \\Server\ixaid P 1\Pr*ct$2000\000290\Ap,il 2004.ddendum.wpd Amendment to USR 1255—Ft. Lupton Sand and Gravel Mine September 20,2004 L.G.Everist, Inc. Page 14 04004 Banks and Gesso, LLC Appendix B: Evidence of Adequate Water Supply A Substitute Water Supply Plan (Plan) for the existing mine area was submitted to the State Engineer's Office (SEO) and was approved on September 12, 2001. An updated Plan for the mining area was submitted to the SEO October 16, 2003 and approved on June 23, 2004 (see Amended Approval, dated September 16, 2004, on following pages). As described in the updated Plan, all depletions from mining will be fully replaced by two sources of augmentation water- Lupton Bottom Ditch shares during the irrigation season and winter water leased from various sources for the remainder of the year. The Plan will be operated according to any terms and conditions imposed by the SEO. Depletions and diversions will be recorded on an accounting form and reported to the SEO on a monthly basis. Water usage at the site is not expected to increase beyond what is currently approved by the Division of Water Resources. Amendment to USR 1255—Ft. Lupton Sand and Gravel Mine September 20,2004 L.G. Everist, Inc. Page 16 04004 Banks and Gesso, LLC f STATE OF COLORADO OFFICE Of THE STATE ENGINEER •". _.• � .: ort9amwh Saab Room ar SEP 202004 U �- t Dewar,Womb row it.", Phone 0031 a66,ua1 ex LION s66ases ay —1 °"„," bhm,VAINCO co.uv September 16,2004 r,,a hal Gawp booms Mac Rachel Peterson is a Samoa,er. Wright Water 2490W 26b'Engineers..,Suite 100A Weimer Denver,CO 80211 Re: Substitute Water Supply Plan.Ft.Lupton Pit(id e?120) . seen 30,T2N,ROW,ae P.N. Water Division 1,Water District 2,Weld County Dear Rachel: We had received your letter of October 16,2003,requesting renewal of the above referenced substitute water supply plan to Cover depletions caused by en existing gravel pit lake. The plan was approved an June 23,2004. This amended approval corrects an enor In first ' paragraph of Page 2 and in Table 1 of the June 23,2004 approval. NI other conditions remain the same. The anticipated net depletion for this plan Is 41 acre-feet per year for up to 2.32 acres of water suttees exposed after Decanter 31,1980 from dewabrhg trenches,3 lined settling ponds and a sump pond. According to the Information submitted,no water surface was exposed within the reclamation permit boundary prior to January 1,1981. A slurry wall has been constructed around the perimeter of the site to hydrauliealy disconnect the mine from the surrounding groundwater system. This slurry wall design has been approved but the consbudlon has not been approved. Once ntrg has been completed,the site will consist of two lined ponds separated by the East Fork of the Lupton Bottom Ditch. You have provided a monthly breakdown of the annual depletions totaling 8.86 acreieet of evaporative loss,3 sore-feet of water used and consumed for dust control,26.65 acre-feet of water ION with 900,000 tons of the mined product,and 4.6 acre-feet Of water used and consumed in batching ng concrete.No phreatophyte credit has been applied to this plan. An existing well,permit no.56746-F currently provides the process water fortis operation. Due to the fact that a slurry wall has been constructed around the entire no,at consumption will originate at the site from the wall providing water. Thle well will be located between the shiny well and the river. The proposed sources of replacement for this pit are 14 acre-feet of reusable water leased from the City of Greeley and 0.62 shares of Lupton Bottom Ditch. The 0.52 shares of the Lupton Bottom Ditch are pert of 2.25 shares that were historically used to Irrigate 95 acres of corn and smell vegetables. Assuming a 10%ditch loos ands 55%irrigation efficiency.the dry- year resumptive use of the 2.25 shares was determined to be 138 acre-feet The prorated consumptive use for ON 0.52 shares is 32.1 sere-feet • Amendment to USR 1255—Ft. Lupton Sand and Gravel Mine September 20,2004 L.G. Everist, Inc. Page 17 04004 Banks and Gesso, LLC ,r- Rachel Peterson September 16,2004 Page 2 This she is cuneMN being dewatered,however,if the dawetatrig of the site is discontinued the two-ponds could ti creating additional depletions to the abeam system due to increased evaporation- Since the construction of the liner is not approved it is unluwwn if the ponds would fill if dewatering ceased. LG.Emig has obtained a bond for 5477,500 through DMG to complete the reclamation at this site. Therefore,if dewatedhg 1s discontinued and the ponds BI this bond can finance the completion of the liner,thus preventing depletions to the steam system. I approve the proposed substitute water supply plan In accordance with Section 37-90- 137(11),C.R5.,subleot to the followMhg condition: 1. This plan shall be valid trough September 30,2005 unless otherwise revoked or modified. If this plan will not be made absolute by a water court action by the plan's expiration date,a renewal request must be submitted to Mks ace with the statutory fee(currently$217)at least 45 days prior to the expiration date of this plan. 2. The losses associated with this miring operation must not exceed a total of 41 acre- feet annuity for the duration of this permit approval.These losses Include 6.86 acre- feet of evaporative loss,3 acre-feet of water used and consumed for duo hrontrot, 26.55 acre-fat of war lost with 900,000 tons of the mined product,and 4.6 acre- feet of water used and consumed in botching concrete.Should the annual losses at the site exceed 41 acre-feet prior to the expiration of this plan,an amendment*1 need to be filed, 3. A copy of the City of Greeley lease shell be submitted to the Division of Water Resources by September 30,2004. • 4. Approval of this plan Is for the purposes as slated harsln.Any additional uses of this -r'^ water must lint be approved by this office. 5. At pumping for shall be measured In a manner acceptable to the division engineer and water commissioner. 6. The replacement water that is the subject of this pion cannot be sold or leaded to any other entity. Asa condition of subsequent renewals of this substitute water supply plan.the replacement water must be appurtenant to this site until a plan for augmentation Is obtained.A copy of this approval letter should be recorded with the County Clerk and Recorder. M replacement water must be concurrent with depletions In quantity,timing,and locations, 7. The Water Commissioner responsible for the administration of this plan le Mr.Robed Stahl.9378 WCR 25,Fort Lupton,CO 80621,phone no.(S03)857-0742.The applicant shall maintain duly records of all diversions,replacements,and the amount of water used for each particular purpoes.The applicant shall provide a report of mesa rarer s to the division engineer end the water commissioner on a monthly bass on a form approved by them.The accounting must be submitted Within five(5) calendar days of to end of the month for which the.counting Is being made. Amendment to USR 1255-Ft. Lupton Sand and Gravel Mine September 20,2004 L.G.Everest, Inc. Page 18 04004 Banks and Gesso, LLC r Rachel Paterson September 16.2004 Page 3 6. The name,address,and phone number of a contact person Who will be responsible for the operation and accounting of this plan must be provided on the accounting forms to the division engineer and water commissioner. 9. The approval of this substitute water supply plan does not relieve the Applicant and/or the landowner of the requirement to obtain a Water Court decree approving• permanent plan for augmentation or mitigation to ensure the permanent replacement of all depictions.including long-tint evaporation losses and lagged depletions after gravel mining operations have ceased.If reclamation of the mine site will produce a permanent water surface exposing groundwater to evaporation,en application for a plan for augmentation must be filed with the revision 1 Water Court et least three(3) years prior to the completion of mining,to Include,but not be limited to,long-term evaporation losses and lagged depletions.tr a Ned pond mauls after reclamation. replacement of ragged depletions from mining and dewatering shell continue until there is no longer an effect on stream flow. 10.This substitute water supply plan may be revoked or modified at any time Should it be determined that injury to other vested water right*has or will occur as a result of this plan. 11.Should this substitute water supply plan expire without renewal or be revoked pdor to adjudication of a permanent pen for augmentation,all excavation of product from below the water table,and all other use of water at the pit,must cease immediately. 12.Derwtaring at this site may produce delayed depletions to the stream system. As long as the pit Is continuously dewatered,the water returned to the stream system should be adequate to offset the depletions, However,once dswetedng at the site ,^. ceases the delayed depletions mull be addressed. At best three years prior to completion of dewaterkrg,a plan must be submitted that upedfies how the post pumping dewetwing depletions will be replaced.In time,place and amount 13.In accordance with amendment to§25-8-202(7),C.R.S.,and'Senate Bill 89-181 Rules and Regulations-adopted on February4,1992,the stateEngineer shall • determine if this substitute water supply plan Is of a quality to meet requirements of use to which the senior appropriation receiving the substitute supply has normally been put. As such,water quality data or analyses may be requested at any time to determine if the requitement of use of the senior appropriator is met 14.The decision of the State Engineer shall have no precedentW or evidentiary force, shall not create any presumptions,shift the Haden of proof,or serve as a defense in any water court can or any other legal action that may be initialed concerning the substitute water supply plan.This decision shel not bind the State Engineer to act In a similar manner in any other applications involving other plans or in any proposed renewal of this plan,and area not imply concurrence with any findings of fact or conclusions of law contained herein,or with the engineering methodologies used by the Applicant T Amendment to USR 1255—Ft.Lupton Sand and Gravel Mine September 20,2004 L.G. Everist, Inc. Page 19 04004 Banks and Gesso, LLC Rachel Peterson September 16,2004 Page 4 Pleaas=tact Jones Williams In Denver at(303)8663561,or Scott Cuthbertson In Greeley at(970)352-6712,it you have any questions concerning this approval. °.Anoyu�e y. 63 Kevin G.Rein Water Resource Engineer Attachments WHFNMW cc:Scott Culhberteon,Assistant Division Engineer Robert Mehl,Water Cornnisaloner,Diablo 2 DMG • Amendment to USR 1255—Ft.Lupton Sand and Gravel Mine September 20,2004 L.G. Everist, Inc. Page 20 04004 Banks and Gesso, LLC r 7eb61 Ft.Lupton Bud end_Orevet Mine(*01-120) v DISTRIBUTION FOR DEPL&TIQN Aun rzna A I91i REEQUIRE M& Month Legged 0.52 Glass Required tAineig pton Bottom Repleeemenis Dept WDitch Own( edey (ecie4eM) (=Wee° (w. ) Januwy 1.61 (0.07) 1.68 rebruery 185 0.00 1.55 March 226 O.OT . 221 - -AM 3.33 206 124 May 4.24 4.43 Jere 5.29 6,60 J01y 5.60 . 6.30 August 623 5.23 Seoternber 4.31 • 5.50 October 9.22 2.21 1.01 November 2,23 (1.46) 3.71 December 1.72 (0.12) 185 Tea 41 22.1 13.5 sr TOrn. Pri[iE.06 es Amendment to USR 1255-Ft.Lupton Sand and Gravel Mine September 20,2004 L.G. Everist,Inc. Page 21 04004 Banks and Gesso, LLC Appendix D: Deeds and Legal Right to Enter Documents Each landowner has signed "Permission to Enter, Mine and Reclaim" agreements with L.G. Everist, Inc., which gives the Applicant the right to include these properties within the scope of this application for the purposes of mining the alluvial sand and gravel. A deed and "Permission to Enter, Mine and Reclaim" document is attached for each of the following landowners: Property Owner Parcel Number(s) Swingle, Gary L. and Gloria 131125002002 Panowicz, Randall 130930000075 Parker, Kevin E. and Rebecca L. 130930000076 Gomer and Julane M. Hill Living Trust 130930000073 and 74 I.L/ R.M Golden Properties 130930000068 and 51 Eber, Steven and Suzan Folletz 130930000002 Oakely, Judy 130930000070 Amendment to USR 1255—Ft. Lupton Sand and Gravel Mine September 20,2004 L.G. Everist, Inc. Page 25 EXHIBIT A PERMISSION TO ENTER, MINE AND RECLAIM I/we the undersigned Owner(s)of certain real estate located in Weld County, Colorado("Property"), hereby grant L. G. Everist, Inc.(hereinafter referred to as the"Applicant/Operator")permission to enter and initiate permitting, exploration, mining,and reclamation activities on the Property described below and made part of the Colorado Division of Minerals and Geology Regular 112 Mining and Reclamation Permit application described below. The aforementioned Property is composed of the following parcel of legally described real estate and is comprised of 93.04 acres, more or less: Weld County Parcel No. 131125002002: That part of Lot 3,which is located in the NE1/4 of Sec. 25, T2N, R67W, 6i°PM, Weld County,Colorado,according to the Lupton Meadows Land Company Map of Division No. 3, recorded June 12, 19O9,consisting of approximately 93.04 acres, more or less. The aforementioned Regular 112 Mining and Reclamation Permit is for the following site: Fort Lupton Sand and Gravel Mine, Permit No. M-199O-12O,and any subsequent amendments /) -/(2 - 03 uName of wner an ate Signed r./ 421/ 03, e of 2wnera &cd "t PRY P6 State of Colorado " �li� County of (([�Q 1)).) ) ss ' KIM CtSVERSE cp This foregoing instrumentt acknowle ed hefoN me this 6a OO3, _�t1. : ` 1 2 by"Name"as Via L(7/ih' l ��1�� .��y _ •• Vii,)I M 2.11, whose address is 2431 Eagleview Ci le Longmont, C Jan.22,2006 Notary Public My Commission expires. G�Z c97,0 U0‘.,a 2 06/26/04. 10:26 FAX 303289''""8 L G EVERIST 002 MAY. 26. 2004. 8:28AM 5I6-GREELEY N0. 8811 P. 2/1 askelA62o r 1269 NNARY02219820 AAIN 7!l fal61BOf IAIM 15.22 815.00 W.b CO,CO3 Marseaky !feed asA of Saari newel terry Creak Nations' , a national banking whose addre.s is C/0 PN6 L.oagmont 403 train Street. CO 80501 Car the ties or 6{2,000.00 in hand anA es o Gary l.. Swingle and Gloria a. Ingle, in joint temmmey, Mimeo edam's is 992 B. 22nd Avenue PSriton, wCt.1a 0601, the f ollowing reel property iodated Sit the rnt Y , *tate of Colorado, to Vitt gee attached Schedule A and warrants the title to the sane by, hrough and tinder the Grantors. .object to existing right* or wart of reads. ditanaa, 40 rbutt�nottilimi,limited to, terse describedinee and in id= followingrailroads/ , //J° nook 86, liege 273 Book 721. Remotion No. 1643709 DOOR 804 Reception No. 1735g95 ps, Book 949. Reception NNo. 1670706 Drie«.. .:.L,.�.Y .• Book 2046,hook Reception NO. 1919767 :....,..M`261 ............. Book 1117 Reception NNO. 2058722 look 1414, Page 169 of the Veld County records; mineral and water tress, conveyances, and oil end gat lemon of recoci d. incindin but not limited te, those described in t Book 1803, Raga 557 book 731, Reception No. 1642930 nook 823, Reception No. 1462233 Book 636, Reception NO. 1888001 cook 711, Reception No.. 1613348, 1613349 and 1633354 Book 731, Racoption NO. 1664473 Pock 641, Reception No. 1663466 ,.-. Book $62, Reception No. 1553529 look 735, Reception No. 1669604 nook 774, Reception No. 1700327 Beek 663. Reception Na. 1684768 look 717, Reception NO. 1659495 Bock 769, Reception No. 1680504 Souk 769, Reception No. 1691203 Seek 1207, Reception No. 2153536 Beek 3250, Reception NO. 3807806 Book 1218, Reception Noe. 3164031, 3164832, and 2164023 of the Nell County records, • building and zoning regulatiene, the 2990 general aM nny vernal Wan?y taxis which Grantee. edema endd agree to pays a tsctatl ng fence lines;( onifg lien recorded in 4s SO. Va260o7) and in the N Ortheany lien by roma=n of the snowman of said premien rn Colorado hater Coheeryaney plstriet: mho Grantor further bargains, sells, and coneys all of its right title and interest in and to .11 described property. 2s aunt PRBstam o0N ON�ud a to al.1 ditch end water rights appertaining thereto, and doss further bargain, sell, asssign end convey the right, as lea..e, under lease ago:asant dated earth So, 19SP, to lea Aft abates of the capital stook or tantetn Meadows bitch company, subject to the lease owing to Eiowe Resources, Inc.., the leaner, for 1990 and rs and subject to a dry up covenant which the Stanton Armin*y end agree to comply with as it relates to said shares. beton July 6 , 1990. groin,l it strAtnuoOraMYy,W B061e81rucv 06/26/04 10:27 FAX 303289'-m$___ L G EVERIST ¢1099 MAY. 26. 2004 8:28AM SIG-GREELEY NO. 8811 P. 3/7 • H 1319 MA SANA90Yo 01/12/20 12:38 1s6 f�•D CO,CO ' f 1312 MARS ANA f)W3L18l8'Zp ass atMeek las Notional • a national banking ATTEST" STA4B Of COLORADO ) ) sa. COUNTY OP BOULDER ) l The !al¢ 3ng ina!ram:MtWAS DanOWledgedcluesedarbefore to this i gsselitaa��Yr and 3e Paul 11. Y as 404. of the d)ersy Creek National Mek, a not oriel eking anon ttm• Witness ay hand and tail sal. Mx commission expires: 5-5-90 Notary Pahl c • , } ;A.\ /1n,/ X12.•......V • meat�1co 3 08/48/04 10:27 FAX 30328r-18-t8 _, L G EVERIST ¢1004 MAY. 26. 2004 8:28AM _ bit—GREELEY NO. 8811 P. 4/7 • E 1269 NEC 02210020 07/12/!0 18,30 61 1.00 3/003 v 1913 NARY *NM 22220328211211 MI ame i WELD CO, CO r SCUSODLE A All of Grantor's right, title and interest in and to; Lot Three (3) of the Northeast Quarter INS1/4) of Section Zventyfi.e (251 . Township Two (21 North. Range Sixty-seven (671 West of the 6th P.M County of Meld. State of eolorya�de.� unty according to Di Number 3 Nap am filed by The Lup co Meadows Land Company in Book 5 id !taps at page Records. being gore persienlarly described ass BEGINNING at the Northeast corner of said Section 25, thence S 09 Degrees 44'15" w along the North line of said Northeast oneguarter a distance of 1668.13 feet to the East line of the abandoned Denver, Laramie and Northwestern Railroad Night-of-way. said right-of-way being described in deed recorded in Book 314 at Page 440. Weld County geaords, thence E 01 Degrees 33'00' E along said East line a distance of 2642.84 feet to the East-Nest centerline of said Section 25, thence 8 59 Degrees 12941" E along maid last-hest centerline a distance of 1495.90 feet to the East one-quarter corner of Section 25; thence K 00 Degrees ,r. ‘ 01,20" E slang the Sant line of said section 25 a distance of rl 2667.04 feet to the POINT OF BEGINNING. contains; 93.358 acres more or less. • grawirtelbw tooth CO areal 05/26/04 10:27 PAL 303289""18 L G EVERIST ^ la 005 MAY. 26, 2004 8:28AM ---Sig-GREELEY N0. 8811 P. 5/7 en 1269 sec 02219821 07/12/90 15.90 216.00 1/003 r 1i14 MART ABN ian SSL1 C.81Z a 2upl Ma 00,di- - ese• First Matianal Dank of a national ban ing .. - ion, whoa. address is 401 Rs • , ypagapnt, oil a0 8 tbP •.. ,. . .._ .“ . . . .. band paid, herdby sells andvoys to Gary L. sw and Gloria A Swingle, in joint t more. se address is 382 s. 22nd Avenue, Brighten, CO 00601, qla lowing real DropartY located in the County of Weld, State of orado. to vi • Dee attached Schedule Warrants the title to the sane by, through end under the ntors, subject to existing rights 0 wayy nor roads, 41tc , , servoita, rivers, utilities, pipelines, ea- railrceds inandi.nn, , but net limited to. !boss d.9cribes in the following listro en Book 84, Page 271 Pock. 721, Reception NO. 1642789 Book 006, � no. 1722103 ' week 904. So. 1725000 Dock 949, Reoaptl.en NO. 1670705 nook 990, Reception No. 1!19767 Roth 1045, Redeption No. 1983544 0q Book1117, Reception Mo. 20.0722 Dock 1414, Page 169 of the Weld County records; naval and water reservations, conveyances, and oil and gas leases t record, including, but not limited to, these described in the allowing instruments: hook LIMO, rage 867 Book 721, on Re. 3642030 Dock 531, Bsospt on No. 1453833 Book 636, Recept ion Do. 1669001 nook 711, o; Roe. 1639146, 1633349 and 1633350 nook 722, Deception So. 16.56273 . book 441, Reception No. 1563446 r Book 682, Reception me. 2263129 look 730, Reception No. 1669508 nook 778, Reception NO. 1700227 Book 663, Reception No. 1584760 Dock 737, asoeption No. 1650496 Book 769, Reception So. 1680504 nook 769, Reception no. 1691203 Book 1207, Aeoeption No. 2153526 Rook 1200, aaeeptien ae. Book 1219, Reception Nos. 2164431, 2164932, and 2164033 of the Weld county records; building and zoning regulations; the 1e90 general and any personal property taxes which Grantees astute and agree to pay; any existing: tenancy (including lien recorded in Reception Ro. 4'234007) aa; gismo linen; any lien by reason of the inclusion of said prosiest; in the Worthiest Colorado Water Conservancy District; The Grantor further bargains, sails, end conveys ail or is right title and interest in end to all appnrteMmoee to the above described property, ix MIR P" T COSDTPION, including all ditch and water rights appertaining thereto, and does further bargainf sell, assign and sunny the right, as tosses under lease agreement dated March 3D, 1989, to leave 120 shares of the capital stock of Lupton Meadows Dltot Company ` to ltioweittmontoes, Inc., the 0er, fen: 1990 - and subject to a dry up nse�which the Grantees agree to comply with an it relatea to maid snares. - 1.) Dated Days 9 1000. lera.4..../T-: r, Ofrava mu OF Mint • toe 100,feet . r...4 ow CO MOM 08/28/04 10:28 FAX 303289'-' 8 L G EVERIST ^ ®006 MAY. 26. 2004 0:29AM bib-GREELEY N0. 8011 P. 6/7 • 6 1269 NIC 02219621 07/12/90 12136 012.00 2/063 • P 1812 MART ANN COOeSa s T* Clan a a OSLO CO, CO .r-- Tbw first national n bank of Longmont, a atiaiil banking association By lir iAl&list- ATTESTS ll WAN President er STA= OF CO MAD° ) ra. COUNTY OF scums ) The inq inatnaint wa9 1 a0 tbis� prY o r 029 g .�}8y a-e. . Y flee ?rsaiden .,r 'Yi • ( .1 of The first National Bank a 1m.g9aht. a national banking association. carita598 uy bind and eal6a'/;�atJ anal. ♦i 1W 0 ton expires: _- (er w� Jrrf` 00T,r„ e Aue'.t� '•rf,� • Ot' Aditlideardesene blic T— - 08/28/04 10:28 FAX 30828P^!8 .__,. L G EVERIST @d 007 MAY. 26. 2004 8; 29AM SiG-GREELEY NO. 8811 P. 7/7 IS 1269 ItRe r^. 02219621 P 1316 MARY AMM PB b/9 168360000RDWA 3/003 WILD CO, CO s aEDOLt A antor i tie rest in a Lot Three 131 of the Northeast Quarter (1181/41 of Section Twenty-five 125), Township Two 12) worth, hangs Sixty-seven 1671 Nest of the 6th P.M.. County of Weld, State of Colorado. Me• adows nLand C to iompanyninBonk 5 at Mapsp as et paged e 1. weld he ounty paeords, being more particularly described as' BEGINNING at the Northeast corner of said gentian 2S, thence S 88Degreesi44'lS' ✓ along the North line of maid Northeast one-qua er a ance of 1568.33 feet to the East line of the abandoned Denver. Laramie and Northwestern Railroad @ight.ofseal, said right-of-way being described in deed recorded in Book 314 at Page 440, Weld Canty Records, thence 8 01 Degrees 33'00' t along said Bast line a distance of 2642.84 feet to the test-West centerline of maid section 28, thence 8 89 Degrees 18'41' b along said Last-west centerline a distance of 1495.90 feet to the East one-quarter corner of Section 251 thence ct 00 Degrees 01'204 feet to the as along thE e fa line of said a ion 25 a distance of 2667.00 Contains: 93.358 acres more or less. t r- EXHIBIT"A" PERMISSION TO ENTER, MINE AND RECLAIM I/we the undersigned Owner(s)of certain real estate located in Weld County, Colorado("Property"), hereby grant L. G. Everist, Inc.(hereinafter referred to as the"Applicant/Operator") permission to enter and initiate permitting,exploration, mining, and reclamation activities on the Property described below and made part of the Colorado Division of Minerals and Geology Regular 112 Mining and Reclamation Permit application described below. The aforementioned Property is composed of the following legally described real estate: Lot 1,NW I/4 S30,T2N, R66W, 6th PM, Weld County,Colorado,according to Division No. 3 of the Lupton Meadows Land Company,recorded June 12, 1909,which is comprised of approximately 22.47 acres,more or less. The aforementioned Regular 112 Mining and Reclamation Permit is for the following site: Fort Lupton Sand and Gravel Mine, Permit No. M-1990-120,and any subsequent amendments a k Pa/ring ne of Owner and Date signed Name of Owner and Date Signed State of Colorado County 1I , `�� )ss of /lJ This foregoing instrument was acknowledged before me this _day of< > 2003, by "Name" as st tttu.., RlIct.r.uN IC g and whose address is 12100 County Road 18, Fort Lupton,Colorado 80621. DER C(/,y NI No Public 1 G0m41.ljy it tart ,, 1AnnC �NOTARY''N / My Commission expires:J& /2 (2G17 ttlyv. ttgQ122 % ‘‘‘� � 11 11111111 d 'III 10111120.1 10:15A IIIIN IIIIIIIIIIN Meth lot 1 R GAO 0 2LO JA.11114"______.....eTtlalon10 riled for record the day of A.D. �, at e�elaek M. REMOEt. Receptlem Yo. By S[PYtt. SPECIAL WARRANTY DEED THIS DEED, Made on this day of October 16.2002 between VECTRA BANK COLORADO.N.A. of the Cant of and state of Colorado , Grantor(s), sc RANDALL PANOWICZ Yuma legal address is t 12100 WELDCOUNIyPOAD 18.FORT LUPTON.CONl621 of the Canty of WELD end State of Colotado , of the Grantee(s): WITNESS, That the Grantor, for and in consideration of the w of ( 5225.000.00 ) •••Two Pondered Teeny Five Thousand and 03/100••• DOLLARS the receipt and sufficiency of laid, is hereby acicowldged, hes granted, bergslned, sold and cameyed, end by these end metres in, awnsell, metre yet*the Grantee(s), their heirs and ensigns forever, ell the reel WelDproper with {aprovennts, if my, situate, lying and being in the Canty of ant state of Colorado, described as follow Rh.TOWNSHIP2 NORTH.RANGE 66 WEST OF THE 6Th P.M.,COUNTY OF WELD. STATE OF COLORADO,ACCORDING TO DIVISION NUMBER J MAP AS BLED BY THE LUPTON MEADOWS LAND COMPANY IN BOOKS OF MAPS AT PAGE I also ROOM es street ember 12100 WELD COUNTY ROAD IS,FORT LUPTON,CO 80621 TOGB1TOfR with all end singular and hereditesente end pplrtsroes thereat,belonging, or in nit*appertaining and the reversion and reversions, reesindr and rwinders, rents, Issues and profits thereof; and all the estate, right title interest, claim end demand Mstseever of the Grantor(s), either in law or equity, of, in end to the shove bargained premises, with the heraditaeMs and apptrtenweess) TO HAVE ANDTO HOLD the said premises dawn bargained and described with apprtanncas, unto the Grantee(s), their heirs, successors and assigns forever. The Grantor, for itself, its aueoesers and aeire, does covenant, aid agree that ft shall and will IIIMART MS MYER NNW the Wow-bargained premises in the quiet ad peaceable possession of the Grantee(s), their heirs, successors and assigns, paint all and every person or person, claiming the whole or any part thereof, by, through or under the Grantors), SUBJECT TO GENERAL TAXES FOR THE YEAR 2002 AND EASEMENTS,RESERVATIONS.RESTRICTIONS.COVENANTS AND RIGHTS OF WAY OF RECORD.IP ANY;AND DISTRIBUTION U111ITY EASEMENTS;AND MATTERS NOT SHOWN BY THE PUBLIC RECORDS BUT OF WHICH GRANTEE HAS ACTUAL KNOWLEDGE;AND INCLUSION OF THE PROPERTY WITHIN ANY SPECIAL TAXING DISTINCT;AND THE BENEFITS AND BURDENS OF ANY DECLARATION AND PARTY WALL AGREEMENTS,IF ANY. IN WITNESS WHEREOF the Grantor(s) have executed this deed on the date set forth above. • vs- • NOTARY PUBLIC i; STATE OF Colonel* ) STATE OF C')L0R/•^r' . .... )ss. ...,.,..�_..,. Canty of ADAMS ) h:;..0 r';. The foregoing iretrue nt was acb swledgd before a an this day of October 16.2002 by DON HIRSCHFIELD.VICE PRESIDENT OF VECTRA BANK COLORADO.N.A. Ry ceemisaiem expires Ely case rayto ohardne and effielal seal. 11��tt ary Public Mar and Address of Perron Creating Newly Created Legal Description ( $6-T6.106.3, C.R.s.) Bpp ''f lawn Records Rehm to: pre �AMWIfz /)Y N[,Ltd,Pans Re. 16 Rev A-4(. SPECIAL ISWITY 1610 (Photographic SPEC.1D1) 10627 b aA.'l f6.l4cn wr.al. C EXHIBIT"A" PERMISSION TO ENTER, MINE AND RECLAIM I/we the undersigned Owner(s)of certain real estate located in Weld County, Colorado("Property"),hereby grant L. G. Everist, Inc.(hereinafter referred to as the"Applicant/Operator")permission to enter and initiate permitting,exploration, mining, and reclamation activities on the Property described below and made part of the Colorado Division of Minerals and Geology Regular 112 Mining and Reclamation Permit application described below. The aforementioned Property is composed of the following legally described real estate: Lot 2,NW 1/4 S30, T2N,R66W,6th PM, Weld County,Colorado, According to Division No. 3 of the Lupton Meadows Land Company, Recorded June 12, 1909,Excepting E4.94 Acres,Also Excepting Parcels A-B-C-D-E (.10R2D),which is comprised of approximately 14.1 Acres, more or less. The Property address is 12140 Weld CR 18, Weld County,Colorado 80621. The aforementioned Regular 112 Mining and Reclamation Permit is for the following site: Fort Lupton Sand and Gravel Mine, Permit No. M-1990-120,and any subsequent amendments r D 782-2- oj 1 e of Owner nd \and Date Signed ` e of Owner and Date Signed State of Colorado ) )ss County of Mukder This foregoing instrument was acknowledged before me this ,.7 na day of 3--Qt 2003, by Kevin E. Parker and Rebecca L. Parker whose address is 12140 Weld County Road 18, Fort Upton,CO 80621. A eVS t, s t ?OT's N44 b ; No Public 3 • ' ' •�L� Apo' My Commission expires: OS!a//O?., ft " t 0F CO'-°> My Commission Expires 05121106 -r IIIIIII TART TART IIII 1111 11111 ONE III IIIII0II III! u 'GI 2665616 12/30/1666 ahma8.Nell-Oeunty- eC . 1 of 1 R 6.00 D 6.00 JR Suk1 Tauka,ele - in-------, - II WARRANTY DEED THIS DEED.Mad.this 28th day of December 1998 ,betwsenLogptt.i STEVEN CRAIG NAYO AND LEONA KAY MAYO• of the mid County of WELD and Sere of COLORADO ,grantor,as ERVIN EUGENE PARPARKER) a s Jo.v.-t 4tnon*S when legal address is P.O. BOX 1555 BERTHOUD, CO 80513 of the said Count f WELD County and Sun ar COLORADO grantee: l an WITNESS,drat the Enamor.ford in consideration of the sum of SIXTY THOUSAND 4 00/100 DOLLARS,the receipt and sufficiency of which is hereby acknowledged,has granted. harpies, sold and conveyed. and by thou presents does grant,tertian,WI.convey add contain,unto the mamma,their heirs and assigns forever,as is tenancy in commw but in joint tenancy,all the reel property.together with improvements, Easy.case,lying and Ming in the mid Comity of WELD and State of Colorado described as follows: LOT 2 OF TEE NW 1/4 OP SECTION 30, TOWNSHIP 2 NORTH. RANGE 66 WEST OP THE '6TH P.N., WELD COUNTY, COLORADO, EXCEPTING FROM LOT 2, A STRIP OF LAND 9.78 , RODS IN WIDTH on TIM EAST PORTION THEREOF; ACCORDING TO DIVISION 63 NAP • PILED BY THE LUPTON MEADOWS LAND COUPANY IN BOOK 5 AT PAGE 1, LESS 4.89 i . ACRES IN THE NE CORNER OF LOT 2, ALSO EXCEPT PARCELS A.B.C,D AND E OF . TEE NW 1/4 OF SECTION 30 PREVIOUSLY CONVEYED TO HISASHI KINOSH2TA BY DEED RECORDED OCTOBER 33, 1969 IN BOOK 616 UNDER RECEPTION NO. 1538429, WELD COUNTY RECORDS., PT. LUPTON, CO. 80621 I also knows by street as arnbm es: l TOGETHER wkk ell sad singular the heredkaaem.sad.ppurteaances thereto belonging,or in anywise appmtainiag.and the reversion and uverpios. reouader and remnants,Nmit.issues end profits thereof.and ell the sass,tight,tide,intern,claim and demand whem n^ 1 son of the grasser,eider in law or equity.of.in and to the above bargsised premises,with the horedhemetan and appurmumee. TO HAVE AND TO HOLD the aid premises above bupb,s and duoribs, with the appurtenances,unto the mama;his heirs and sips forever. As Lb.grertar,fat biself,Ilia hnt.,dog pertain raprn.nmmivm, data covenant,gram.bargain.and.gene to and with the Nsat^e, kis heirs end wipe, drunk me time of the enssaling and delivery of these presents, he is wall seized of the premises shove conveyed.W gnnd,sure,perfects ebedato sad indefeasible unto of inheritance,is law, in fee simple,and has gas tight,fug power and - duffel eiglioripeenget lapin mia&.sevyAera.is,msmr.s tornn srarrwW. and than the ante are free and dear free all famras Warpeete.b.rpis,aka,Ikea was,a aaaameso,mmmbanoss and restriction of whatever kind or solo toner,except i GENERAL TAXES TOR 1998, PATAHLE IN 1999, AID EXCEPT RESTRICTI0fl. RESERVATIONS, RIGHTS OP NAY, AND EABEIENTS OF RECORD, IN VISAGE. ,I The gran OR ZN AM MARRMWI AND FOREVER DEPEND the sb.v►bargnioed premiss in the quiet and pmnmbl.possession s W a , Ms '1.UPH!9P 9r pmdsPa lew11Ml0y Oaimig6 es the whole ay'put thereof. TM singular.e•, Von 'Sol ,ia the aIsgsla,,sad lb.nits of any Baader shell be applicable to all genders. 6i 9PIY$ES$ P,the metes W.gaent.d this dead so lb.aue met forth above. Z(1)4 II 11{‘Li ill CLOD STEVLp CRAIG tarmac, 7 I • sta.of COLORADO 1 L lee. County of WELD ) iJ The furegele8 esteemed as ennewledgs before me this 20th day of December , 1998 'L--.. /-� I by STEVEN CRAIG KAYO AND LEONA KAY MAYO 1'1%1_ 'q9 / 1 is. 0Win) . I,.igMy commission expires January 32, 200T . Witness my hand official ': ♦ i ya u II . Nasty it ADO 1,14 N... w.e.n Yk4 Ma rotas're,rem KEVIN EUGENE PARKER NaAM AAaaMYOtgo(r.Jdet Teeey P.O BOX 1995 AMU'? BERTHOUD, CO 80513 EXHIBIT"A" PERMISSION TO ENTER, MINE AND RECLAIM Uwe the undersigned Owner(s)of certain real estate located in Weld County, Colorado("Property"), hereby grant L. G. Everist, Inc.(hereinafter referred to as the"Applicant/Operator")permission to enter and initiate permitting,exploration, mining,and reclamation activities on the Property described below and made part of the Colorado Division of Minerals and Geology Regular 112 Mining and Reclamation Permit application described below. The aforementioned Property is composed of the following legally described real estate: 16228-D, Lots 3 and 4 according to Division No. 3 of the Lupton Meadows Land Company recorded June 12, 1909, located in the NW 1/4 S30, T2N, R66W, 6th PM, Weld County, Colorado, Excepting a strip of land deeded April 24, 1914 in Book 393 on Page 294. The aforementioned Regular 112 Mining and Reclamation Permit is for the following site: Fort Lupton Sand and Gravel Mine, Permit No. M-1990-120,and any subsequent amendments Gomer ing Trust, Da d May 25, 2000, For the Benefit of Gomer Hill BY: Name: trie 44 L- -Signs re of Owner Please Print Name of Owner r— a.." Julane M. Hill Living Trust, Dated t May 25, 2000, For the Benefit of Julane M. Hill / By: � 11l 4 /Y t Name: �(�(�G�1? it/ /7/! Signature of Owner Please Print Name of Owner TIMOTHY G. HILL State of Colorado ) Notary Public )ss State of Colorado County of u tv .'e r ) The foregoing instrument was acknowledged before me on this .-23,ti day of -Ph r -� , 2004, by the signatory Representatives above. Witness my hand and official seal, Notary Public: ^1c7 l lj, /y I" Mr""ommissionexpires: Ca/ac a_00 111111111111 IIII IIII►Il�IIII Ill lul in Mt Im► o 3140194 12/3012003 03:41P Y9=rd County, CO _ 19, 1 DI 2 R 11.00 D 0.00 Steve Moreno Clerk 8 Recorder WARRANTY DEED THIS DEED,dated between COMER HILL of the •County of WELD and State of grantors and G3MER HILL LIVING TRUST, Dated May 25, 2000, for the benefit of GONER HILL whose legal address is of the County of WELD and State of COLORADO ,grantceX): WITNESS,that the gramorA.for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable considerations DOLLARS. the receipt and sufficiency of which is hereby acknowledged,ha S granted,bargained,sold and conveyed,and by these presents do es grant,bargain,sell,convey and confirm,unto the grantee(1), its * heirs-and assigns forever,all the real property, together with improvements,if any,situate,lying and being in the County of WELD State of Colorado,described as follows: See EXHIBIT A attached hereto and made a part hereof. *successors also known by street and number as: Vacant Land assessor's schedule or parcel number: TOGETHER with all and singular the hereditamems and appurtenances thereto belonging.or in ds,ywise appertaining,the reversion and reversions. remainder and remainders,rents, issues and profits thereof,and all the estate, right, title,inmrest,claim and demand whatsoever of the grantor(s),either in law or equity,of.iii and to the above bargained premises,with the hereditaments and appurtenances: I l jj TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the granteeps).its ** jj Ihetrand assigns forever.The grantor(9J,for himsef his heirs and personal representatives,do es III covenant.grant.bargain and agree to and with the granteeQQ,its ** heirsand assigns,that at the time of the ensealing and delivery 'j of these presents, he is well seized of the premises above conveyed,has good,sure,perfect,absolute and indefeas- ible estate of inheritance,in• ,v.in fee simple,and ha good right,full power and authority to grant,bargain,sell and convey the same in manner and form as at,. 'aid.and that the same are free and clear from all former and other grants,bargains,sales, liens, taxes, assessments,encumbrances.. ,I restnctions of whatever kind or nature soever,except easements, reservations and restrictions of record, if any. The grantorja)shall and ss .WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable posses- sion of the graity5).its ** -reds and assigns,against all and every person or persons lawfully claiming the whole or any part • thereof // **successors IN W S ER O t e grantor(s)ha executed this deed on the date set forth above. 1 STATE OF COLORADO { ss. County of t a The foregoing instrument was an 11ne((before e CJ'IA\ day of cat 3 • by Gomer Hill KIM i CONVERSE ' Witness my hand and official seal.II VaA !�C My c mmission a hey s: 'it,,,Denier.,nsen 'City and te OF C♦)\C.Q Won Punk I�/.-3'zd�&�Cw aciae N•,n.J Address nrPs. ,. My Cmmiasbn Expires Jan.22,20118 ,.o„Creating Ns h Creased Legal Description t§3s-ss.,ws.cases Nn.932.Re..3-98. SARRANTV DEED(For PbotWnphle Raton) ---_- -__ ----- _---� tiwi, Bradford Pubesshina.INS Wrse h,Deaver.CO 10202—(103)292-2503-498 /� ,�y.'f I It.t.1..1.+cl7,4-- r) nn t VIII IIII IIIIIIII IIII IIII III . i lip IIII IIII IIII 3140194 12/30/2003 03:41P Weld Cou. , CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A TO WARRANTY DEED Legal Description Lots 3 and 4, Division No. 3 Plat of the Lupton Meadows Land Company, recorded June 12, 1909, County of Weld, State of Colorado; INCLUDING, WITHOUT LIMITATION, a strip of land thirty (30) feet in width described in Tax Deed recorded April 9, 1999 at Reception No. 2686727 in the Weld County real estate records; AND INCLUDING, WITHOUT LIMITATION, all sand,aggregate, stone and gravel,and any and all other valuable solid minerals lying in, on and under the said Property. BUT EXCEPTING THEREFROM,any hydrocarbon minerals such as coal oil,gas and associated hydrocarbons previously severed from the said Property. CKM\5683'•`.451588.i 1111111 11111 IIII 11111111 Eli IIII IIIIIiI III 1IIII IIII IIII CO a%% 3140195 1 t 2 R1ti 00 O0 0.00 Steve MorenP Weld o Clerk d Recorder 7I 1 WARRANTY DEED r THIS DEED,dated between JULANE M. HILL of the *County of WELD and State of COLORADO ,grantorK)and JULANE M. HILL LIVING TRUST, Dated May 25, 2000, for the benefit of JULANE M. HILL whose legal address is of the County of WELD and State of COLORADO granteeH): ' WITNESS,that the grantorls),for and in consideration of the sum of TEAT DOLLARS ($10.00) and other good and valuable considerations weeLLARS, the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents II do e5 grant,bargain,sell,convey and confirm,unto the grantee Ba g PA.its * h.i,s..nd assigns forever,all the real property, together with improvements,if any,situate,lying and being in the County of WELD State of Colorado,described as follows: See EXHIBIT A attached hereto and made a part hereof * successors also known by street and number as: vacant lard assessor's schedule or parcel number: TOGETHER with all and singular the hereditaments and appurtenances -B thereto belonging,or in anywise appertaining.the reversion and reversions, remainder and remainders, rents,issues and profits thereof,and all the estate, right, title,interest,claim and demand I I whatsoever of the grantor(s),either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances', I TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee%),its ** "hvnrand assigns forever.The grantorHE for hersef , her heirs and personal representatives,does covenant,grant.bargain and agree to and with the grvuec%p,its ** heirs and assigns,that at the time of the ensealing and delivery I of these presents, she is well seized of the premises above conveyed,has good,sure,perfect,absolute and indefeas- 1 ible estate of inheritance,in law.in fee simple.and ha 5 good right,full power and authority to grant,bargain.sell and convey the same in manner and form as aforesaid.and that the same are free and clear from all former and other grants,bargains,sales, liens,taxes, assessments.encumbrances and restrictions of whatever kind or nature soever,except easements, reservations and 1. restrictions of record, if any. **successors The grantor%)shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable posses- sion of the grantee%I. its *** "hens_and assigns,against all and every person or persons lawfully claiming the whole or an part thereof ***successors IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. cAJilie /i Il ({, Julane M. Hill 1 — STATE OF COLORADO /� L I y ss County of I�appI The foregoing instrument was acknowled.. Ila \ kkx Iq day of )(�,(,(h� a�-3 by Julane M. Hill �k/-----4, `i i ( KIM \ r5 Witness my hand and official seal. • II ' i i CONVERSE i a Y coco'f mission ex es: �'y, •Ir.n Den,ee..naer,-et one- asH�,` fca5 I krk, W n W d't y ;9j: . ,•'Q,?S Nota.y Public 1I `khFOF C��°' atas aOC Namea Address of Person Out g Newly Created Lepl Dnvnption l§)545-106.5.C.R.SI Mr Commission Expires Jan,22,2006 L il No.937.Rev,3.98. WARRANT%DEED(Foe Photographic Retard) ntpd Bradford Publishing,i743 wain Si.,Deaver,CO 10202—1505)2923500—4.95 IMO MUM IIIIIIII IIII IIII IIlull �� 'IIII IIII lilt 3140195 12/30/2003 03:41P Weld County, CO 2 of 2 R 11.00 0 0.00 Steve Moreno Clerk& Recorder EXHIBIT A TO WARRANTY DEED Legal Description Lots 3 and 4, Division No. 3 Plat of the Lupton Meadows Land Company, recorded June 12, 1909, County of Weld, State of Colorado; INCLUDING, WITHOUT LIMITATION, a strip of land thirty (30) feet in width described in Tax Deed recorded April 9, 1999 at Reception No. 2686727 in the Weld County real estate records; AND INCLUDING, WITHOUT LIMITATION, all sand, aggregate, stone and gravel, and any and all other valuable solid minerals lying in, on and under the said Property. BUT EXCEPTING THEREFROM, any hydrocarbon minerals such as coal oil,gas and associated hydrocarbons previously severed from the said Property. CKM\5683T461588.I sir—I -2UU3— KI U1 : 39 PM BLGP^^ .r FIRM FAX No. 303 41; ^3 P. 002 G-,9-Oi; iO:aypM:C211iB,lO lA1 LOmt OC ;903 ap9 9160 S 9/ 4 PIT"A" PERMISSION TO ENTER MINE AND RECLAIM I/we the undersigned Owner(s)of certain real estate located in Weld County,Colorado(`Property"),It' reby grant L. G. Everist,Inc. (hereinafter referred to as the"Applicant/Operator")permission to.enter and initi:t permitting,exploration,mining,and reclamation activities on the Property described below and made I art of the Colorado Division of Minerals and Geology Regular 112 Mining and Reclamation Permit applicatior c:scribed below. tih. It 4-t. 0..2crcl "Qd O.a„tr's1 a(“le ,Q' siSSiorc -i-e 1 ncl Jet ti a tics ?ru ril. In *ke G.6) I, 44.15 o r,4-C5reence SL,c,tl nal` % cenS4rb.EO 3.5 e.. ex?revs or in.,Ali ea rOrcirf40- 1-C .o 1/41 or l-ecSa O- ne aforementioned Property is composed of the following two parcels of legally described real estain and is c>,-,j.e r 41. comprised of 34.79 acres,more or less: Weld County Parcel No. 130930000068: That part of Lot 6,which is located in the SW 1/4 o the NE 1/4 of Sec.30,TIN,R66W, 6°'PM;Weld County,Colorado,according to the Lupton Mead%i Land Company Map of Division No.3,recorded June 12, 1909, lying west of the centerline of the ;, uth Platte River,said centerline described as beginning on the S line of Lot 6 at a distance of 610'E of Ih ;SW corner of Lot 6 N33D54'E 190'N59D291E 470'N50D29'E 262.17'to E line of Lot 6,except the :part of the N 1/2 of Sec.30,T2N,R66W described in Book 804,Reception No. 1726470(2.50 acres; : :ore or less)and Reception No. 1726471(2.36 acres,more or less);also except beginning 2.5'N and 4.5'E of the center point of said Sec.30,thence N by NE on a straight line a distance of 1325'nacre or 1 ms to a point 36.2'B of the NE corner of the S 34 of the NW V.of said Sec_30,thence W 36.2'to the s .id NE comer,thence S on the E section line of the S 35 of the NW 34 of said Sec.30 a distance of 13 5'more or less,to a point on the said section lane 2.5'N of the center point of said Section 30,thence E a distance e-^ of 4.5'more or less to the point of true beginning,consisting of approximately 29.93 sores,n 3 e or less. Weld County Parcel No. 130930000051,: That part of Lot 6,which is located in the SW1/4 0: the NE 114 of Sec.30,T2N,R66W.6m PM,Weld County,Colorado,according to the Lupton Meadow :Land Company Map of Division No. 3,recorded June 12, 1909,which is described in Book 804,B.0c ption No. 1726470(2.50 acres,more or lees)and Reception No. 1726471 (2.36 acre;more or less)and di scribed as gravel pits, consisting of approximately 4.86 acres,more or less. • The aforementioned Regular 112 Mining and Reclamation Permit is for the following site: Fort Lupton Sand and Gravel Mine,Permit No.M-1990_120,and any subsequent amendments Name of Owner and Date Signed Name of Owner and Date Signed 2 • 111111111h,I.IIII II 11111111111111111111111111 1111 1111 7-F14, 2017366 01/0412001 02:06P JA fluid Tauhmoto -ate 1 el 1 R 5.00 0 0.00 Weld Canty CO t -- --- QUITCLAIM DEED —.. Yrt I.L.ts- Golden and Robin Mark Golden whose address t.L.: 5897 S. Gallup St.. Littleton, CO ' $9 Robin: 1061 McKinley Avenue, Ft. Lupton, CO r>. r. d� County of Arapahoe/Weld ,and State of �"° c,- o Color ado ,fob the ooesldaation of NO DOLLARS ($0.00) - FAMILY TRANSFER Dokan.in hand paid, trahysdhs)andquitdaims(s)to I.L./R.M. Golden Properties, LLC whose address it 5897 S. Gallup Street, Littleton, Colorado 80120 County of Arapahoe .and State of ,the following real property.In We County of Weld ,end State of Colorado,to wit: 12656 Weld County Road 18 Fort Lupton, Colorado 80621 That part of-Lot 6, W of the South Platte River, of Section 30, Township 2 North, of Range 66 West of the 6th P.M.. according to the Division No. 3 Plat of the Lupton Meadows Block 78 at Lans Company;excepting a strip of land as conveyed by Deed recorded in Page 487; also excepting a strip of land described as follows: THE TRUE POINT OF BEGINNING lies 2.5'N and 4.5'E of the center point of said Section 30; thence N NE on a straight line a distance of 1325.27 more or less to a point 36.2' East of the NE corner of the S is of the NW 1/4 of said Section 30 a distance of 1325'. more or less, to a point on said Section line 2.5' N of the center point of said Section 30; thence E a distance of 4.5' more or less to the TRUE POINT OF BEGINNING. No schedule I C also known as street and amber anesser'a"Stalest pond amber with ail Ye appurtenances Signed this day of July ,0!• 000 MEIJSA HINDERMAN 1 NOTARY PUBLIC in ay 1 I STATE OF COLORADO MY CM,w,4stoa Erphas Fab.20.2001 STATE OFCOLORADO, ll� ."`` et. CouMyd tJOfAIgLLx The foiry hWmneut was acknowledged before me this "d say of de.D�C.m�OR11� „pzo00, npo by I.L. Golden and Robin Mark Golden 1 MynammWlon apices 2 -Zit-OI /11.21/2a•— / /' . I I /' I' WITNESS my hand nod official seat I/`�///LL!1/2a'- Id,,!-/frrt/(d ry nisi sat Nuns Adam Itwaabrim NM.rwwiLyawmirwa 11•uwt.f.uw H.an lln 444. WtTMtM tens0mr,ann WSW MY*. S.D . W80203—t>e»Mat—4-M 01/12/04 15:07 FAX 303289ri L G EVERIST @1003 FAIEWELS r" PERMISSION To J NTER.MINE AND RECLAIM I/we the undersigned Owner(s)of certain real estate located in Weld County,Colorado("Property"), hereby grant L.G.Everist,Inc.(hereinafter referred to as the"Applicant/Operator")permission to enter and initiate permitting,exploration,mining,and reclamation activities on the Property described below and made part of the Colorado Division of Minerals and Geology Regular 112 Mining and Reclamation Permit application described below. The aforementioned novelty is composed of the following parcel of legally described real estate and is comprised of 93.04 acres,more or less: Weld County Parcel No.130930000002: Parcels A-B-C-D-E as described in Deed No. 1538431 all of which are located in Lot 2 in the NW1/4 1/4 of Sec.30,T2N,R66 W,6th PM,Weld County,Colorado,according to the Lupton Meadows Land Company Map of Division No.3, recorded June 12, 1909,consisting of approximately 4.67 acres,more or less. The aforementioned Regular 112 Mining and Reclamation Permit is for the following site: Fort Lupton Sand and Gravel Mine,Permit No.M-1990-120,and any subsequent amendments 3-/z -09- "Name of Owner and Date Signed , ,04sv,,, c -Ic , 3 72 -.o y Name if Owner and Date Signed State of Colorado _- 1 )ss County of WELD ) ThisAgoing instrument was acknowledged before me this_12,_day of by"Name"as - P-- and 141 iket X00 C_ CO 'Taal NOTAR). No ry Public aii My Commission expires: id, doc -7 ter-. 2 '�237fNR14 -- 1 T1 MARY ANN PEDNRSTRIN CLERK & RECORDER HELD CO, CO Ni. AANTY DEED . , CE Made day of JULY, between. ICl%)) _ ! of the Canty of WELD ad State of CO ,grantor, and l 'STEYEtdttdsPR a a SUZAN C.FOLiZFZ it f' whose led adman is lnsc wEw COUNTY RD.m, STATE OOCUtd,9iT Y� of the ComorDORTONo WELD a State fCOLORADO,gnats: Date 7/" iF WITNESS, that the gramtt, for sad 6 consideration of the se of ONE HUNDRED FIFTBIDN THOUSAND AND eM001ha — 0 DOLLARS, *115,000.00).the mode and wlfcaney of whir'it hacby alnarledgd,bas parad,'rptmd,sold ad oaneyeo,at by them p an does pa bugs. sell, convey sad cadre t the pannes,their kin and avigm beef,ma la tawdy h =and NM teado,describede Pot property, Stet with uppavments, ray,sham.Wag ad being 6 me Cowp of SEE ATTACHED LEGAL TO BE INCORPORATED DEtEIN AND MADE A PART fl ZOF. also known by area and comber es 12206 WELD COUNTY RD.OIL Ft LOFTON,COLORADO 80621 . TOGETHER with all ad sapless the herdkuoaa ad appmasoca'maewm belonging,a In anywise apperm6 and for weenies ad mvashes, remainder ad rema6daa, a 'Sams ad pa6a 0meot,ad all the estate.right,dde.'maW.nhhm and tidomed whatsoever. of S pans either : hw a may, of, : ad m m above hasplAad preias,with the bmodlatta s ad — 1 -'LO HAYS Met TO HOLD ne Pak ypmseabmlsaes S heirs ad pa Pad desabd."la llse ypremw,oei t ass Oebhehd _ ad ahe p pate's, t And the grata.briS°lf,=IS heirs ad paaowt mpnmu0rt does aovwm4 path.tWLid atd apes m ad wmfoes Pte.foot twin sad assigns,tacm the these ddeasa6agad attic prates,eInkwellshe ad ad tithe goodly raises those s dayed. ills god, aa, pO*0t, sbolme ad bdedat me ewe of :ha.,ad s6ple,ad Sa god rigs[,er power and lawful amhocky b gnu,tmrga:,ae8 ad aava7'the same b mama m dnei afoaeaid,ad taut em we bee ad ' boa a8 ampI ad Atha gash, aeyear nlm, Gas,msetdee a as and iflw ofwhamwo Undershirt Kowa', etapct mtaeta the cartel year,■In but ad 7u doespay.5 ,a Nab,radrletloa,raeeasYaM wraab ad aTPYsd-na9 d taoad,F ay, me Fs shall ad will WARRANT AND FOREVER DEPEND tbe :0th quiet is pemabb poaaafa — d the grames,emir hind naps,Aaprraa m ad ermy pads a pavan 4e nboba dune. ENV WITNESS EOPmncbdawls, ace dthb deeddau�a again ember dna set e slug be m a8 deaden • STATE OF COLORADO COUNTY OF LFIFPER5'ON ^..., I The tneaohg hasamer was ake WEE 4994 awtodgd.-• .�S . • 5� •: �' '' a ass �,. `v/ ,r•--- 'b wmmiainn adze= 12-6946 .yam•, Sit: J. �. �S•ty "ii; . 91 • / s lb.WA.WM.341 WAQANIT DUD PUNK'I_ V ' • B 1449 R8C Or%6319 07/06/94 16:17 $130 2/003 F 1772 MARY MIN PEUERSTEIN CLERK & RECORDER WELD CO, CO �.� . • f I. Paresis "A", "8", "C", "0" and "E"lof the NWL/4 of Section 30, Township 2 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, being more r— particularly described as follows: . PARCEL A: That part of the NW1/4 of Section 30, Township 2 North, Range 66 ”cot of the 6th P.H. , County of Weld, State of Colorado, described as: • BEGINNING at the Northwest Corner of said NWl/4; Thence East along the North line of said NW1/4, a distance of 1044.6 feet to the TRUE POINT OF BEGINNING: Thence South et right angles a distance of 220.00 feet; Thence West at right angles, 129.11 feet, more or less to a point on the Easterly toe of an Irrigation Ditch Bank; Thence along said Easterly toe by the following courses and distances; North 29°31' West 128.65 feat; North 14'17' West 111.49 feet, more or less to a point on the North line of said NWI/4; Thence East along said North line a'distance of 220.0 feet to the TRUE POINT OF BEGINNING EXCEPT the North 30.00 feet thereof reserved for County Right-of-Way. • PARCEL 8: That part of the NW1/4 of Section 30, Township 2 North, Range 66 West of the 6th P.M.. County of Weld, State of Colorado, described as: BEGINNING at the Northwest Corner of said NW1/4; Thence East along the North line of said NW1/4, a distance of 1264.6 feet to the TRUE POINT OF BEGINNING: Thence South at right angles a distance of 220.0 feet; Thence West .at right angles a distance of 220.0 feet; Thence North at right angles a distance of 220.0 feet to a point on the North line of said NW1/4; Thence East 220.0 feet to the TRUE POINT OF BEGINNING, .EXCEPT the North 30.0 feet thereof reserved for County Road Right-of-Way. PARCEL C: That part of the NW1/4 of Section 30, Township 2 North, Range 66 West of the 6th P.M., County of acid. State of Colorado, described as: BEGINNING at the Northwest Corner of said NW1/4; Thence East along the North line of said NWL/4 a distance of 1264.6 feet; Thence South at right angles a distance of 220.0 feet to the TRUE POINT OF BEGINNING: ' thence West at right angles a distance of 349.11 feet, more or lens, to a point on the Easterly toe of an Irrigation Ditch Bank • • • • • .' . PARCEL.C: (Continued) • Thence•South 29'31' East, along said Easterly toe, a distance of 2C6.39 feet to s point; TAe:jce East a distance. of:241:43t'feet; Thence North a distance of 180.00 feet to the TRUE POINT OF BEGINNING. • PARCEL D: That part of the NW1/4 of Section 30, Township 2 North, Range 66 Wont of the 6th P.N. , County of Weld, State of Colorado described as: BEGINNING at the Northwest Corner of said NWl/4; Thence East along the North line of edict NW1/4 a distance of 1264.6 feet; Thence South at right angles a dlstnnce of 400.0 feet to the TRUE POINT OF BEGINNING; Thence West nt right angles a distance of 247.43 feet, more or less to n point on the Easterly toe of an Irrigation Ditch Nark; Thence along said Easterly toe by the following courses and distances; South 29'31' East, 103.65 feet; South 16'31' East, 94.08 feet to a point; Thence East a distance of 169.61 feet; Thence North a distance of 180.0 feet to the TRUE POINT OF BEGINNING. PARCEL E: That part of the 1IW1/4 cf Section 30, Township 2 North, Range 66 Hest of the 6th P.H. , County of Weld, State of Colorado described as: . BEGINNING at the Northwest Corner of said NW1/4, Thence East along the North line of said NW1/4 a distance of 1264.6 feet; Thence South at right angles a distance of 580.0 feet to the TRUE POINT OF BEGINNING; Thence West at right angles a distance of 169.61 feet, more or less to a point on _ the Easterly tot of an Irrigation Ditch Bank; Thence along said Easterly toe by the following courses and distances: South 16'31' East, 70.88 feet; • South 37'17' East, 246.74 feet to a point; Thence North a distance of 264.28 feet to the TRUE POINT OF BEGINNING. County of Weld, State of Colorado t _. I3 1449 REC 023963 07/06/94 16:17 $15.00 3/003 19 P 1773 MARY ANN 32.9PEUERSTEIN CLERK & RECORDER WELD Co, CO • • • • • . • • , EXHIBIT "A" PERMISSION TO ENTER, MINE AND RECLAIM I/we the undersigned Owner(s)of certain real estate located in Weld County, Colorado ("Property"), hereby grant L. G. Everist, Inc. (hereinafter referred to as the "Applicant/Operator") permission to enter and initiate permitting, exploration, mining, and reclamation activities on the Property described below and made part of the Colorado Division of Minerals and Geology Regular 112 Mining and Reclamation Permit application described below. The aforementioned Property is composed of the following legally described real estate: Parcel Number: 130930000070 Legal Description: 16228-C. The East 4.94 Acres, more or less, of Lot 2, NW1/4 S30, T2N, R66W, 6th PM, Weld, County, Colorado, According to Div. No. 3 of the Lupton Meadows Land Company, Recorded June 12, 1909, Excepting a Strip of Land Conveyed by Deed BK788 PG 487. The aforementioned Regular 112 Mining and Reclamation Permit is for the following site: 1 Fort Lupton nd ravel Mine, Permit No. M-1990-120, and any subsequent amendments 21/ • tam of w nd ate Signe �_ NOTARY State of Colorado )ss �g �1� County of u1/4)&o ) \ .__.. . This fore oing instrument wa acknqwledged ed before me this �S q g q TF{ day of in nIz_L H , 200Y., by"Name" as_ of I-OQ up'TON r N ary Public p My Commission expires: +1 V CILA r r l aci01 AH2O60213 �' B 1119 REC 02060213 07/09/86 16127 $3.00 1/001 F 0668 WARY ANN FEUERSTEIN CLERK 4 RECORDER WELD s:0, CO WARRANTY DEED I 1� THIS DEED,Made this 30th ,lay of June 19 86 Mwren BILLY J. WATRINS as debtor in possession '! urarsant to order of the United States Bankruptcy Court 1 • or the District of Colorado recorded in Book 1112 eception No. 2053089, Weld County Records, or the 'County of Adams and - ' Stateo(Coloralo,grantor.and Stale Documentary Poe J JUDY A. OAKLEY and JOHN E. MYERS Dole..�.9r,,e .6,./91%. ,` S w L• V'Q....._:..� • whose legal adimss is 12236 WCR 18, Pt. Lupton, Co. 80621 ,: of the Calory of Wald and State of Colorado.grantees: WITNESS,that the Brame far and in consideration of the sum of FIFTEEN THOUSAND and 00/100 --------- DOLLARS. the receipt and sufficiency of which is hereby acknow kdged.has granted.bargained.sold and conveyed.and by these presents does gram.bargain.sellconvey and confirm unto the graves.their heirs and assigns former.not In tenancy in common but injoint tenancy , all the real properly.together with improsenmms.if any.situate.lying and being in the County of • Weld and State of Colorado,described ma follows: — The East 4.94 acres of Lo` Z of Section 30, in Township 2 North, of Range 66 West of the 6th P.M., ace .ling to the Division No. 3 Plat of the Lupton . -' Meadows Land Company( EX( .ING a strip of land as conveyed by Deed recorded in Book 788 at Page 487, 'e. .d County Records. \(1\'. TOGETHER WITH four (4) a.; •:a of the Lupton Meadows Ditch Company rights. `P\ \ EXCEPTING AND RESERVING UYvD THE PARTY OP THE FIRST PMT "GRANTOR" ALL RIGHT iy `C TITLE MD INTEREST IN AN TO ALL MINERALS OF WHATSOEVER RIND, IN , UNDER AM) UPON OR THAT MIGHT BE PRODUCED ?RCM THE HEREIN DESCRIBE.) LAND, . ,oleo nontknnt ekWMxawhaxs TOGETHER with all and singular the hereditament,and appunenanm...ovum..belonging.or in anywise appertaining and the reversion and te enions.remainder and remainders.rents.issues and scents thereof.and all the estate.ligmt title.inkiest,claim and demand whauoeser of the grantor.either in law or equity.of.In and to the atone bargained premises.with the hereditamenn and '- ' appurtenances. TO HAVE AND TO HOLD the said premises abase bargained and described.with the aphmrsenances.unto the grantees,their heirs and assigns forever.And the pmmns for himself.his heirs and personal represrnurisys.does covenant gram,bargain and agree wand with the grantees.their twits and resigns.that al die lime of the needing anddcliwry of these presents.he is well seized of die premises r• above conveyed.has good sure.perfect.absolute and indefeasible sae of inheritance.in law,in lee simple,and has good right,full ' power and lawful authority legram.bargain,sell and conwy the same in n.;snerand kwma(swesaid.and that the setae freeandclear for all fanner and other grad use s,bargains.sales.liens. s.assessments.encumbrances and restrictions of whatever kind or nature � m scent eaten. reservations, reatictions, rights of way and easeaents of record or in use; except taxes for the year 1986 due and payable in 1987 The grantor shall and wilt WARRANT AND FDREVER DEFEND the abme.hagained premises In the quiet and peaceable I possession of the grantees,their heirs and assigns.against all and p 'M person or persons lawfully claiming the whole a arty The singular number shall Include the play:the plural the singular.and the use of any gender apPl W IN WfTNFSS WHEREOF the grantor hie mmutal this deed nn the dale abate. / , s , B y e , STATE OF COLORADO ss. • County of Achy 'ool.FN F"wk,4' w The KN was acknowledged before me this 30th dry of June .1986 , p 9W 1 (:0 T+g4ti ,Tj Wnth:nu. Ode : • ' Minna pV "E LIC` , i MyeanmWasnnpies 3-5 ,I95 r. : 1.. e 1 18Lawren<e St.Nww ' Denver, Colorado 80202 q" j •Ir in Denver.insets'City and.' 'y I _.. . ______. _ ______—_________ _ of • No.C.I.A.Rev.NB.waaiA\T1'two,In l+w bait 5Nawl rawbwaa.leas W.to Ms....:r,.4.en an,—tats n'A4a Fa i s • • „r... • . 'raaM1. , .. — • t a e a l.p: 9:,'.�.., I .r 1 x;iI. l +••••••••••'-: I - '.i . .i_ ; rig 04004 Banks and Gesso, LLC Appendix G: Division of Minerals and Geology Permit and Application A copy of the existing Division of Minerals and Geology (DMG) Permit Number M-1999- 120 follows. A copy of the amendment application for the addition of new property is being submitted under separate cover. .r— Amendment to USR 1255—Ft.Lupton Sand and Gravel Mine September 20,2004 L.G.Everist,Inc. Page 31 04004 Banks and Gesso, LLC STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St.,Room 215 Denver,Colorado 80203 DIVISION Of Phone:(303)866-3567 MINERALS FAX;(303)832-8106 GEOLOGY June 1,2000 RECLAMATION MINING•SAFETY Mr.Rick Everist BillL.G.Everist,Inc. Govemor ten, 7321 E.88th Ave.,Ste.200 Greg E.wamhe Henderson,CO 80640 Executive D,rec er Michael B.Lay Diviwn Direna Re: Ft. Lupton Sand and Greed Mine, Permit No. M-1999-120, Permit Issuance - Construction Material Operation Dear Mr.Everist: On June 1,2000 the Division of Minerals and Geology found L.G. Everist,Inc.to have satisfied the applicable requirements of C.R.S.34-32.5-101 gm.for obtaining a mining and reclamation permit. Therefore,a permit is being issued. Two signed originals of the permit have been executed. We have kept one copy for our files and are enclosing one copy for your use. It is your responsibility to comply with all of the terms of the permit. 1. All of the original application materials, as amended and supplemented, are an integral part of your permit. They have been incorporated into the permit by reference. We presume that you have a copy of all of these materials;therefore,none have been enclosed with this mailing. We suggest that you keep a copy of the permit and the permit application at the mining operation as a reference for operating personnel,to help ensure 4" compliance with the terms of the permit. 2. Changes in the mining and reclamation operations that differ from those described in the permit may require a modification to the permit. We suggest consulting the Construction Materials Rules and Regulations and/or contacting us to determine if a revision to the permit is necessary. Rule 1.10 pertains to Amendments, Rule 1.9 to Technical Revisions,and Rule 1.11 to Conversions. 3. On your permit anniversary date each year,June le,you must submit an annual fee and an annual report to us. The annual fee for this permit is S550.00. Please consult the Act,Rules and Regulations,and your permit for specific annual report requirements applicable to your mine. If you have any questions,please the contact the Division. Sincere MIC Division Director MBLfESC/bdc JUN Enclosure cc: Robert Laird,Banks and Gesso Amendment to USR 1255—Ft.Lupton Sand and Gravel Mine September 20,2004 L.G. Everist,Inc. Page 32 04004 Banks and Gesso, LLC • STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department or Natural Resources 1313 Sherman St.,Room 215 Denver,Colorado 80203 DIVISION OE Phone:(303)866-3567 MINERALS FAX:(303)832-8106 & GEOLOGY RECLAMATION MINING AND RECLAMATION PERMIT' MINING•SAFETY CONSTRUCTION MATERIAL MINING OPERATIONS Bill Owens Governor Greg E.Watcher Executive Director Permit Number M-1999-120 Michael B.Long Type of Permit: 112c Division Director Permit Date: June 1,2000 (Amivenary date for annual repot and few pure ) THIS PERMIT is issued by the Mined Land Reclamation Board,Department of Natural Resources, State of Colorado. RECITALS A. The Permttee,L.G.Everist,Inc.desires to conduct a mining operation{mown as Ft.Lupton Sand and Gravel Mine,for the purpose of extracting sand and gravel. The Permttee will not mine any secondary commodities at this site. B. On April 28,2000 the Mined Land Reclametim Board(the"Board")approved the Pamittee's application for this permit,fixed the annmt of the financial warranty aid directed that this permit be issued upon the filing with the Division of Minerals and Geology(the "Division")of performance warranty and financial warranty(or warranties)in the amount so fixed in form and substance approved by the Division. Said warranties have bean filed with the Division. C. If the Pamttee desires to extract materials other than those listed in(A),a separate permit may be required. D. On April 28,2000 the Board made the following findings: 1. The application for this permit complies with the requirements of the Colorado Mined Land Reclamation Act for the Extraction of Construction Materials,C.R.S.34-32.5-101 dm.,as amended,and with all applicable local,state and federal laws; 2. The operatics will not adversely affect the stability of any significant, valuable,and pentane=man-made structure located within two hundred feet of the Affected Land,except where there is an agreement between the Operator and the persons having an interest in the structure that damage to the structure is to be compensated for by the Pemmittee;and; Amendment to USR 1255—Ft. Lupton Sand and Gravel Mine September 20,2004 L.G. Everist, Inc. Page 33 04004 Banks and Gesso, LLC r� -2- 3. The proposed mining and reclamation operations can be carried out in conformance with the requirements of the Ad,and the Construction Material Rules and Regulations. E. The Pennittee has made a showing satisfactory to the Board: 1) that it will employ,during and after its underground mining and/or surface operations, procedures designed to minimize environment disturbance from such operation;2) that it will provide for reclamation of the Affected Lands appropriate to the subsequent beneficial use of such lands;and 3) that,in the event oft he failure of its proposed reclamation plan,it will take whatever measures may be nwnecsnry to assure the success of reclamation of the lands affected by such operations in awndanw with the Act. F. A copy of the Pemmittee's application,as amended and supplemented,has been approval by the Board and is,by this reference,incorporated herein. G. The issuance of this permit does not relieve you from having to comply with all applicable Federal,State and County stahnes,including State water law. GRANTS.CONDITIONS AND AGREEMENTS The Board, in reliance upon the representations and promises made in the permit application, as amended and supplemented, and the performance warranty, hereby issues a life of the mine permit to the Pe ninee,to engage in the operations described in the application on certain lands lying in the County of Weld, State of Colorado. These lands are described in the permit application,as amended and supplemented,and are referred to herein as the"Affected Lands". 'I• This permit is issued sub'Sect to the following oeditioms and ageonhents: 1) The Pennittee will be bound by all applicable requirements of the Act,and all applicable rules and regulations of the Board,as amended from time to time,the terms of the permit application,the terms of the performance warranty,and the terms of the financial warranty filed with the Division. 2) The Pennittee will file with the Division its annual report and fees on each anniversary date of this permit. 3) If analyses of the mining and reclamation operation and the data collected through monitoring and experimentation by the Fermium or monitoring by the Division indicate that the operation will not be able to comply with the require marts of the Ad and applicable rules and regulations of the Board,the Pennittee hereby agrees to exercise its best efforts, after consulting with the Division, to modify the plans to correct such deficiencies in the fixture. Such modifications may require technical revisions or amatdnmts to the permit. 4) The Board,or its authorized representative may after upon the lands of the permitted operation at all reasonable times for the purpose of inspection to determine whether the provisions of the Act,Rules and Regulations,and permit have bear complied with pursuant to C.R.S.34-32.5-121. 5) This permit may be revoked or suspended for non-compliance with the Act or applicable riles or regulations promulgated by the Board,the permit,or by violation of a Board Order. 6) a) Pursuant to 34-32.5-118(5)of the Act,the Board has a right of entry to reclaim the lands affected by the operation,or to respond to an emergency as defined by C.R.S. 34-32.5-121(2) Amendment to USR 1255—Ft. Lupton Sand and Gravel Mine September 20,2004 L.G.Everist, Inc. Page 34 04004 Banks and Gesso, LLC C 3 b) The Board will enter the lands to perform reclamation only if the Board has determined i. that reclamation required by law to have been performed upon such lands has not been performed,and ii. that financial warranty forfeiture proceedings described in the Ad or similar provision of subsequent laws,if any,have beat initiated. c) The Divisim,acting for the Board,will enter lands to remind to an emergency oily where the Division determines that any of the conditions of Cmatructim Material Rule 8.42.exist. 7) The additional cordit ns set forth in the attached rider, if any, am incorporated hank by reference. • / / a) Rider is attached / XX / b) No rider is attached. MINED LAND RECLAMATION BOARD COLORADO DEPARTMENT OF NATURAL RESOURCES MICHAEL B. a'NO Division Director Amendment to USR 1255—Ft.Lupton Sand and Gravel Mine September 20,2004 L.G. Everist,Inc. Page 35 04004 Banks and Gesso, LLC Appendix H: Oil and Gas Agreements Both Kerr-McGee Rocky Mountain Corp. (KMRMC) and Top Operating Company have leasehold interests in oil and gas beneath the Swingle property. Top Operating Company has sole leasehold interests in the oil and gas rights beneath the remaining properties. 1. Kerr-McGee —"Surface Use Agreement" attached. This agreement was recorded on August 24, 2004, and can be found at the Weld County Clerk and Recorder's Office at Reception No. 3211978. 2. Top Operating Company— "Set-Back Agreement" attached, dated September 20th, 2004. r^- .rte Amendment to USR 1255—Ft. Lupton Sand and Gravel Mine September 20,2004 L.G. Everist, Inc. Page 36 SURFACE USE AGREEMENT This Surface Use Agreement ("Agreement") is made and entered into this 16th day of August, 2004, by and between Kerr-McGee Rocky Mountain Corporation ("KMG") with an address of 1999 Broadway, Suite 3600, Denver, CO 80202, and L.G. Everist, Inc. ("LGE"), with an address of 7321 E. 88th Avenue, Suite 200, Henderson, CO 80640. KMG and LGE may be referred to herein individually as a"Party", or collectively as the"Parties". Recitals A. LGE has the exclusive right to permit, enter, explore, mine and reclaim the surface estate for the sand and gravel reserves within that certain tract of land more particularly described on Exhibit "A" attached hereto, being a portion of the E/2NE/4 of Section 25, Township 2 North, Range 67 West, Weld County, Colorado (hereinafter referred to as the "Property"); B. LGE's right to mine the sand and gravel and reclaim the surface estate of the Property is subject to the rights of the oil and gas leasehold estate, all or a portion of which is owned by KMG; C. LGE plans to develop the surface of the Property as part of a gravel mine known as the Fort Lupton Sand and Gravel Mine, and the Property is to be known as the "Swingle North and Swingle South Pits/Reservoirs"; D. KMG currently operates one or more oil and gas wells ("Existing Wells") and has the right to develop its oil and gas leasehold estate by drilling additional wells on the Property ("Future Wells"and together with the Existing Wells, the"Wells"); and E. This Agreement sets forth the Parties' rights and obligations regarding the relationship between the development of the Property by LGE and KMG's operation and development of its oil and gas leasehold estate, such rights and obligations to be binding upon the Parties' successors and assigns. Agreement In consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Well Locations. KMG agrees to limit its oil and gas operations conducted in connection with the Wells, including, but not limited to, lease operating activities, workovers, drilling, deepenings, and fracturing, to those locations identified on Exhibit "A" as the "Oil and Gas Operations Areas". KMG shall have the right to drill Future Wells within the Oil and Gas Operations Areas, including the drilling of twinned wells, and horizontal and directional wells that produce from and drain the Property as well as lands which are pooled or communitized with the Property. Page I of 7 LGE reserves the option to mine the gravel within each of the Oil and Gas Operations Areas. LGE shall give KMG written notice at least 60 days prior to the commencement of operations in the Oil and Gas Operations Areas. In the event that LGE elects to mine the gravel in an Oil and Gas Operations Area that has no existing well or production facility at the time of LGE's notice to KMG, LGE shall conduct its mining operations in such area as quickly as reasonably practicable and, upon completion of such mining operation, shall fill, level, and compact the area to match the Oil and Gas Operations Area described on Exhibit A. In the event LGE elects to mine the gravel in an Oil and Gas Operations Area that has one or more existing wells or production facilities at the time of LGE's notice to KMG, LGE shall conduct such mining by excavating pie shaped wedges of gravel and aggregate and thereafter backfilling and compacting the area with overburden or other suitable material prior to excavating the next pie shaped area; provided, however, that in no event shall LGE mine within 80 feet of any existing wellhead or within 50 feet of any production facilities and provided further that in no event shall more than one quarter circle segment of the pie shape be excavated at any one time. Excavation in the Oil and Gas Operations Areas will be coordinated with KMG in a mutually acceptable manner so as to avoid conflict with KMG's oil and gas operations and to ensure there is an appropriate safety plan and interim emergency procedures. LGE will bear all costs associated with the mining operation, including permanent or temporary rerouting and replacement of access roads, and flowlines and utility lines in order to prevent unnecessary interruption of production from any affected well. In addition, LGE and its successors and assigns shall indemnify and hold KMG harmless from any and all damage, loss and liability, including attorney's fees incurred as a result of LGE's operations in an Oil and Gas Operations Area. 2. Production Facilities. KMG shall have the right to locate, build, repair and maintain tanks, separators, dehydrators, compressors and other equipment reasonably appropriate or convenient for the operation and production of any Wells, only within the Oil and Gas Operations Areas identified on Exhibit "A". 3. Access. LGE shall provide to KMG all necessary access to Oil and Gas Operations Areas. Such access shall be from those Pipeline and Access Routes currently used by KMG or along the proposed future Pipeline and Access Routes, each as shown on Exhibit"A" or as otherwise mutually agreed upon by the Parties. KMG is assured of uninterruped access to all of the Oil and Gas Operations Areas, and no Pipeline and Access Route may be closed to KMG until an acceptable replacement or alternate Pipeline and Access Route is available for use. Any access roads that are constructed by LGE at LGE's sole cost and expense as part of LGE's development of the Property and are also to be used as Pipeline and Access Routes shall be of sufficient scope to allow KMG to conduct its oil and gas operations, shall be at least thirty (30) feet in width and shall be built to withstand a minimum of 104,000 pounds and 26,000 pounds per axle. 4. Flowlines and Pipelines. KMG has the right to maintain or replace any and all existing flowlines and pipelines currently being utilized in connection with the Existing Wells on the Property. In addition, LGE shall provide to KMG all necessary easements to lay additional flowlines or pipelines to service Future Wells on the Property, at the locations shown on Exhibit "A" or such other locations as mutually agreed upon by the Parties. All flowlines and pipeline - easements shall be fifty (50) feet during construction and thirty (30) feet thereafter. KMG shall locate its flowlines or pipelines at a depth of approximately 48 inches from the surface. The Page 2 of 7 construction and burying of additional flowlines and pipelines shall be at the sole cost and expense of KMG or its gas purchaser. Should LGE request any future or additional relocation of existing flowlines or pipelines, or request relocation of any flowlines or pipelines hereinafter constructed on the Property, and KMG agrees to such relocation, LGE shall be responsible for any and all relocation costs. Utility lines for water, sewer, telephone, cable, electric and other utilities as may be reasonably required for development of the Property. LGE agrees to notify each utility company that they contact for service, except in cases of emergency, that KMG must be contacted at least ten business days prior to commencement of any trenching or digging activities within its easement area and that during the installation, maintenance and use of the utilities in any such easement area, LGE will not unreasonably interfere with KMG's use and operation of its flowlines or pipelines and will stipulate the same of such utility company. LGE agrees to inform such utility company that all utilities that are placed in the ground shall be placed horizontally a minimum of 10 feet from the centerline of KMG's flowlines or pipelines, and any such utilities that cross a KMG easement area shall be placed with a minimum clearance of 24 inches between KMG's flowlines or pipelines and such utility lines. LGE shall maintain a minimum of 48 inches and not more than 72 inches of cover over all flowlines and pipelines during any of LGE's operations or construction activities. 5. Impact Mitigation and Improvements. f— a. KMG Mitigation. KMG may install and maintain within the Oil and Gas Operations Areas, at its sole cost and expense, fences, gates and locks if required by the Colorado Oil and Gas Conservation Commission ("COGCC") or if necessary or convenient for the security of any Wells or production facilities. In addition, KMG shall paint its production facilities, including wellhead guards, with paint that is approved by the COGCC. b. LGE Mitigation. LGE shall not inhibit KMG's operations within the Oil and Gas Operation Areas by landscaping or other improvements, unless otherwise agreed to in writing between LGE and KMG. 6. Setback Requirements and Waivers. LGE agrees that it will not plat any lot lines or locate any buildings or structures within the Oil and Gas Operations Areas. LGE understands and acknowledges that the COGCC has rules and regulations that apply to the distance between a wellhead and public roads, production facilities, building units and surface property lines, among other things. Within the Oil and Gas Operations Areas only, LGE hereby waives all setback requirements in the COGCC Rule 603, or any successor rule or amendment to the-COGCC setback rules, and to any other state or local setback requirements or other requirements or regulations that are or become inconsistent with this Agreement or that would prohibit or interfere with the rights of KMG or its successors and assigns, to explore for and produce oil and gas in accordance with this Agreement. LGE understands that KMG may cite the waiver in this paragraph in order to obtain a location requirement exception or variance under COGCC rules or from a local jurisdiction. Page 3 of 7 r 7. Drilling and Completion Operations. KMG shall provide notice to LGE of any operations in connection with the reworking, fracturing, deepening or other operation on its Wells in accordance with the rules and regulations of the COGCC. KMG shall endeavor to diligently pursue any drilling operations to minimize the total time period and to avoid rig relocations or startup during the course of drilling. LGE waives any objections to continuous (i.e., 24-hour)drilling operations. 8. Notices by LGE. a. Notice of Construction Activites. LGE shall provide KMG with ten days written notice prior to commencement of any dirtwork, grading or other surface construction activities they will be conducting on the Property. If requested by KMG, LGE shall meet with KMG representatives at the Property to locate existing flowlines, gathering lines or pipelines and to coordinate proposed surface construction activities with current and prospective oil and gas operations. b. Notice to Future Sand and Gravel Mining Permit Holders. If LGE transfers or succeeds the state and county sand and gravel mining permits to a Future Sand and Gravel Mining Permit Holder,then LGE shall furnish all Future Sand and Gravel Mining Permit Holders of the state and county sand and gravel mining permits with a plat or map showing the Oil and Gas Operation Areas and shall provide notice that: (1) There may be ongoing oil and gas operations and production in the Oil and Gas Operation Areas on the surface of the Property; (2) There are likely to be additional Future Wells drilled and oil and gas operations and production from the Oil and Gas Operation Areas that affect the surface of the Property; (3) Heavy equipment will be used by oil and gas interest owners from time to time for oil and gas drilling and production operations and that such operations may be conducted on a 24 hour basis; and (4) Future purchasers of all or a portion of the Property, as successors in interest to LGE, will be bound by the covenants, waivers and obligations in this Agreement. 9. Governmental Proceedings. LGE shall not oppose KMG in any agency or governmental proceedings, including but not limited to the COGCC, the county, local jurisdiction or other governing body proceedings, related to KMG's operations on the Property, including but not limited to drilling, workovers, well deepenings and recompletions, provided that KMG's position in such proceedings is consistent with this Agreement. KMG shall not oppose LGE in any agency or governmental proceedings, including but not limited to federal, state, county, local jurisdiction, or other governing body proceedings, related to LGE's operations on the Property, including but not limited to permitting, entering, exploring, mining, reclaiming, and otherwise developing the surface estate, provided that LGE's position in such r proceedings is consistent with this Agreement. Page 4 of 7 10. Representations. Each Party represents that it has the full right and authority to ^ enter into this Agreement. KMG does not represent that it has rights to settle matters for all of the mineral owners in the Property, and this Agreement shall only apply to and bind operations conducted by KMG and its successors and assigns on the Property, in the capacity of operator. LGE does not represent that it has rights to settle matters for all surface rights owners in the Property, and this Agreement shall only apply to and bind operations conducted by LGE and its successors and assigns on the Property, in the capacity of operator. 11. No Waiver of Rights. KMG does not waive its rights pursuant to its oil and gas leasehold interest to explore for, drill and produce the oil and gas on the Property or for ingress and egress to any Oil and Gas Operations Areas, except as specifically provided in this Agreement. 12. Successors and Assigns. The terms, covenants and conditions hereof shall be binding upon and shall inure to the benefit of the Parties and their respective heirs, devises, executors, administrators, successors and assigns; provided, as to KMG, successors and assigns shall be deemed to be limited to lessees under KMG's oil and gas leasehold estate. 13. Termination. This Agreement shall automatically terminate and be of no further force and effect at such time that KMG's oil and gas leasehold estate expires or is terminated, and KMG has plugged and abandoned all Wells owned all or in part by KMG and complied with the requirements of all applicable oil and gas leases pertaining to removal of equipment, reclamation, cleanup, COGCC rules and regulations and all other applicable provisions of the oil and gas leases and existing laws and regulations. At the request of LGE, KMG shall execute and record such documents or instruments as LGE shall reasonably request in order to evidence such termination. 14. Notices. Any notice or other communication required or permitted under this Agreement shall be sufficient if deposited in U.S. Mail, postage prepaid, or sent via expedited delivery service,with proof of delivery, addressed as follows: If to KMG: Kerr-McGee Rocky Mountain Corporation 1999 Broadway, Suite 3600 Denver, Colorado 80202 Attention: Director of Lands Denver Basin If to LGE: L.G. Everist, Inc. 7321 E. 88th Ave., Suite 200 Henderson, CO 80640 Any Party may, by written notice so delivered to the other Parties, change the address or individual to which delivery shall thereafter be made. 15. Recording. This Agreement shall be recorded by KMG, which shall provide LGE with a copy showing the recording information as soon as practicable thereafter. Page 5 of 7 16. Waiver of Surface Damages. LGE hereby waives surface damage payments that are related to its sand and gravel mining operation, pursuant to any COGCC or local regulation, state statue, common law or prior agreement for each and every well and related wellsite that is drilled in an Oil and Gas Operations Area and for each production facility, Access Route or flowline easement. KMG may provide a copy of this Agreement to the COGCC or to any local jurisdiction, person or entity or any court of law as evidence of this waiver. Except for the Oil and Gas Operations Areas, Access Routes and all easement associated with flowlines, gathering lines and pipelines as provided in this Agreement, KMG shall not occupy any other portion of the surface of the Property, except in the event of an emergency or for reasonable incidental, temporary and non-damaging activities, and KMG will be responsible for any damages that may occur as a result of its activities on such other portions of the surface of the Property. 17. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without reference to its conflict of laws provisions. 18. Entire Agreement. This Agreement sets forth the entire understanding among the Parties hereto regarding the matters addressed herein, and supersedes any previous communications, representations or agreement,whether oral or written. This Agreement shall not be amended, except by written document signed by all Parties. 19. Counterpart Execution. This Agreement may be executed in any number of counterparts each of which shall be deemed an original instrument but all of which together shall constitute one and the same instrument. The Parties have executed this Agreement on the day and year first above written. KERR-McG ROC MN CORPORATION By ames P. ' . on,''!I'.1. ey-i fact L.G. EVERIST, INC. By: Name: % G no PIi. Its: ' •A vl.,, . Mdt�. .;�• Page 6 of 7 -- ACKNOWLEDGMENTS STATE OF COLORADO ) CITY AND ) ss. COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 16th day of August 2004, by JAMES P. WASON, as Attorney-in-Fact of Kerr McGee Rocky Mountain Corporation, on behalf of such corporation. Witness my hand and official seal. np 1 !:!:1&;.) (SEAL) l i11Q1w� d.3/4 t :� 9p?ARyt ' Notar}PPublic ' My Commission Expires: S f t 9 .VBL‘ POOL pp'bbt„O STATE OF COLORADO ) I'h' )ss. COUNTY OF Qr JL ) The fo, going instrument as ac lc owledgeed before me this 11""day of August 2004, by d va n I I i&tS1e( as Kett cd I'Ibmair of L.G. Everist, Inc, on behalf of such corpoition. Witness my hand and official seal. (SEAL) r lA4C e ' Notary 0}D 14b b ' My oz9nussion Exp. / 3...4_ G $' • \\pF�VO_ My Caminito E*se 03/2/2008 Page 7 of 7 I: ...1, // ,`, \ it, It 1• „,,, -S1111 I: i'.. t,t 'say -- --- . -- • I . _ . +—t ti ,r (� lL , 11: N 1 \;.......... , ' '• f 1 1 1=TI: --., z, (/�6 i1=11=�=Jls=b —■ .'-=-•.L1 . �IIJI- ,^ ill e I I TII-1. 1j=11� I �11�.11=1 I Isl I' I u -11=JI=Jf=1�l-71• i -11=11=1f=� aso —11�• eIMPKW SCALE II 1 ? I FLITS'OIL AND GAS e . r no �y/�L�� NORTH ABM= AREA L� j SWIIJ6LE NORTH RESERVOIR I I I I(INFECT) ft t I r NOTE: II _ a TI O... I r i. �.5-rtsx 7 • I ......�I,o*-gym, .. . TOP06AARQCAL CONTOURS ..r_� ............ Il�6AS :;;VVm6__-- - 5--6A3- GA.S-= _�'{Y'Q< TAKEN FROM MS FORT • u •=11� - --_- LUPTONCOLORADO �, _ '''..4.1"A ..4r r. QUADRANGLE ATfOFOOT . t,/ .' • Il-9 ..- INTERVALS MD p I51Th 11 It INTERPOLATED AT 1 FOOT 1810.AICGff A II I CONTOUR WTERYAL5. ACESS RED' �U ! :• ' I�.IIU 1,r,. i f" OIL AND GAS dill j.: '•i;I-1oOPERATIONS AREA =+-t,Cr_i vi Z .Jill-�l�ll- 11„11r' iii `1 RJJ5'oaANJDcos rr OPERATIONS AREA 61,. .r/- r - I x I SYVIN6LE SOUTH RESERVOIR ;j j ,/;r ' I N ":"..t. ,t• f.'.GY.,yfL'pP. N 111 t • woo ..no,vas CONS -- LMa.�.p.. WATER AA1N6 AT31SLOPE LIAUTOF — — •• ••• ...— r.on.aa.•. SWAGE USLJS EXCAVATION •.. OVERBURDEN OIL — +va..r.ac.c.vwo. rr 4j • s .•• •• :J aama,e....u...., IASE OF F5ROM SITE WEL ... ••—E -•.E ......ro®la....a.Ater RESERVOIR /If ONU—OW-- Cm-- oe•....nn.rn r/�S �L� 11.E• 85 GAS T T \6b.4.LM ry '!, iC:'.^''',"?l(. ,` 'Y `�� 6A5�6AS- .w.., •`(�..Y SS 24«\y%�S�"" '� GA0IR'J<1 r CFr r V -r TYPICAL SLOPE DETAIL oa.,u..a[,aao, ®...,. Nis EXHIBIT A: MINE PLAN LAAI4.NL ■n ei agasT,LL. WI:. fll-IA MR UPTON---AID lama ROE allM IAt AND GESSO,L1L, O m,.o..,.c,... ■ ro mU.II.UMW=010,40 lan5 72'L•� .+.tTd O�a.+mv. PA 4/aI7 1119.2.COMM' 16mfW03 WM =PAW W -TrT1=17-iL-�r'iL-Ti-ii=iril-fi� .mn.... 04C04 J 6.11V 1,..41 1,+. J w.M k.1.(ba, ( w.. ,. 1.6v{Ll(�T 6/27J04 r=nD I DRF 1 1 11�i, r SET-BACK AGREEMENT Site Location: Fort Lupton Sand and Gravel Mine, DMG Permit#M-1999-120. Original permitted area located in S/2 of the NW/4,Section 30,Township 2N, Range 66 West,Weld County, Colorado. Amendment areas located in N/2 of the NW/4 and SW/4 of the NE/4 of Section 30,Township 2N, Range 66 West,and E/2 of the NE/4 of Section 25,Township 2 North, Range 67 West,all in Weld County, Colorado. Applicant: L.G. Everist, Inc. 7321 East 88th Avenue,Suite 200, Henderson,Colorado 80640 Structure Owner: TOP Operating Co. 10881 W Asbury,Suite 230, Lakewood, CO 80227 Structures: Oil and Gas Wells, Pipelines,Collection Facilities,Access Roads Required By: Colorado Division of Minerals and Geology 1313 Sherman Street, Room 215, Denver,CO 80203 The Colorado Division of Minerals and Geology requires all applicants of 112 Reclamation Permits to provide notarized agreements between the applicant and the owner(s)of any significant,valuable,or permanent man-made structure located within 200 feet of the affected property. The agreement shall state that the applicant shall provide compensation for any damage done to the structure through the mining operation. If an agreement cannot be reached, the applicant shall provide an engineering evaluation that demonstrates that such structure shall not be damaged by the mining operation. 1. The Applicant, L. G. Everist, Inc. (LGE), is applying for an amendment to its Fort Lupton Sand and Gravel Mine permit,which is a 112 Reclamation Permit from the Colorado Division of Minerals and Geology. The permit is for the purposes of mining and reclaiming the surface estate of various properties, identified as the Site Location. 2. LGE has agreements with various landowners to permit, mine and reclaim their properties,which make up the entire Amendment Area as described above in the Site Location. LGE owns the land of the original permit area. 3. The Structure Owner,TOP Operating Co. (TOP)owns significant,valuable, or permanent man-made structures, identified as the Structures,which are located within 200 feet of the affected land, identified as the Site Location. TOP's Structures are currently located as shown on Exhibit C3: Mining Plan Map. TOP's seven existing oil wells, are located as follows: 2 wells in the Swingle property, 1 well in the Panowicz property, 1 well in the Parker property, 1 well in the Hill property,2 wells in the LGE Property. TOP's pipelines and collection facilities are also shown. TOP also has rights for 1 future well(and the related access) in the Golden Property. 4. LGE hereby assures TOP and agrees that should LGE's mining or reclamation operations at the Site Location adversely affect TOP's Structures, LGE will repair any damage to the Structures or will provide compensation to TOP for said damage to the Structures. 5. LGE shall reserve the right to remove and relocate TOP Structures(generally pipelines and access roads)in the future,when and If LGE's mining operations shall deem relocation necessary. LGE shall pay for the cost of the removal and relocations of any TOP Structures. Prior to any removals or relocations, LGE and TOP shall determine the specific timing of the removal and relocation and shall determine the new location for any TOP Structures, so as not to adversely affect operations for either company. If the new locations are different than what is shown on Exhibit F: Reclamation Plan Map,as the"Oil and Gas Operations Areas"and the"Pipeline and Access Routes,"LGE shall pay for any permitting changes and shall provide TOP with a revised Exhibit F. 6. LGE shall maintain the set-backs that are stated below in detail in this agreement. Set-backs and Structure relocations are also shown on Exhibit F,as"Oil and Gas Operations Areas"and"Pipeline and Access Routes." a. LGE will not mine closer than 80 feet to TOP's wells and will backfill to at least a 175-foot radius around the existing wells in the amendment area. For the future well site(in the Golden property), LGE shall be able to mine through the area (if no well has been drilled yet)and will then backfill to give TOP an"Oil and Gas Operations Area"for the future well which shall have dimensions equivalent to those for the existing wells. b. LGE will not mine closer than 80 feet to TOP's wells and will backfill to at least a 150-foot radius around the original permit area wells, as previously agreed upon in our original agreement which was signed and notarized May 3,2000. LMIFL-setbadkTOP-091704.doc •r-. SET-BACK AGREEMENT c. LGE shall compact the backfilled areas to ensure stability and adequacy for safety and support of the wells and for temporary placement of equipment for work-over and repair of the wells and collection facilities. d. LGE will not mine closer than 50 feet to TOP's collection facilities. e. LGE will maintain a 50-foot set-back(25 feet from centerline)from pipelines and access roads, except in the case of an agreed upon removal/relocation, as noted in Paragraph 5 above. 7. - w SNIP GroNF/AENT7Hl_ 8. TOP agrees to limit its operations to within the existing and future"Oil and Gas Operations Areas"and"Pipeline and Access Routes,"as shown on Exhibit F, and to maintain safe, clean operations within those areas. 9. Notice for any changes, or amendments, or termination of this agreement may initially be verbal,then must be in writing and delivered either in person, or mailed by certified or registered U.S. Mail, or sent by a nationally recognized overnight delivery service,to the party to receive such notice at the following addresses: TOP Operating Co. Contact: Mr. Rodney Herring 10881 W Asbury, Suite 230 Telephone: 303-727-9915 Lakewood, CO 80227 L. G. Everist, Inc. Contact: Mr. Dennis Fields or Ms. Lynn Mayer 7321 East 88th Avenue, Suite 200 Telephone: 303-286-2249 or 303-286-2247 Henderson, CO 80640 10. This Set-Back Agreement will terminate when either LGE or TOP concludes its operations on the Site Location • and both parties have satisfied their respective obligations existing at that time. Notice should be given by the party terminating the Agreement to the other party a minimum of thirty(30)days before the termination occurs. The notarized signatures of the Structure Owner Representative and the Applicant Representative confirm the Set- Back Agreement and the obligations of both parties as stated above. Applicant: L.G. Everist, Inc. veyil/iUti1gY� ri .- 46191 job /41 ture o ^""'•• nc.Representative Name and tle ea e pri ,(�� State o; fi ,Coun � • III �� -1 J � Ei � �� Thef•'.�• • m 6 � in�e ' st" knowledged before me on this 17 day ofd ��rl�l ll,�t,v"v ,2004, by the fre•t-t•,ry - _•res- �above. Witness my hand and official seal, ( /� / � \ Y X11 \ C.�o< Ow Notary Pu. !t)Ur J� % My Commission expires: My Coitssbn Expires Jan,22 2008 Structu - ner• , TOP Operating Co. ku-e7 16 \-�er��.�Ce.„-t5-) `I -Zo -oil Si ature • O Op ling Co. Representative Name and Title(please prin Date .2'7Q�,...... ) SS ,r-• I 7'C. of Nom, [r Su ) i �r p,, •C) 6 $ <(The ggo Y g iris ent was ackn• ledged before me on this 2--C� day of Seck , , 2004, ".by tt e4tgnatoryf'. Is: -tive a•. e. Witness my hand and official seal,e..Ndtary.Evbli& .." r�'` My Commission expires: I2'137/7€ • STAB;-----:::71•.TOP-091704.doc 04004 Banks and Gesso, LLC Appendix I: Ditch and Irrigation Agreements A new agreement with the Lupton Bottom Ditch Company is pending, and will be submitted as soon as it is finalized. The Applicant already has an agreement with the Ditch Company for the section of the Ditch that crosses the original permit area; the new agreement will include sections of the Ditch traversing both the original acreage and the amendment acreage. With the new agreement, the Applicant has attempted to mitigate any concerns of the Ditch Company. The Applicant has agreed to a 30 foot setback from the centerline of the Ditch, and has agreed to notify the Ditch Company prior to any changes in crossings over the Ditch. The Applicant has submitted a Slope Stability Analysis (which was done by a professional engineering firm) to the Ditch Company to prove the safety of the mined and reclaimed slopes that will be present on either side of their Ditch when the mining is complete and the site has been reclaimed as water storage reservoirs. This new agreement will be submitted under separate cover as soon as it is finalized. Amendment to USR 1255—Ft. Lupton Sand and Gravel Mine September 20,2004 L.G.Everist, Inc. Page 37 04004 Banks and Gesso, LLC Appendix J: Property Owners Within 500 Feet The "Affidavit of Interested Land Owners — Surface Estate" is found on the following pages. Please note that this amendment application contains nine new parcels. We have included an Assessor's Office list for each of these new parcels, plus the existing mine site. We have also included a condensed list for all of the parcels combined, deleting duplicate parcel owners. .r^ Amendment to USR 1255—Ft.Lupton Sand and Gravel Mine September 20,2004 L.G. Everist, Inc. Page 38 04004 Banks and Gesso, LLC Appendix L: IGA Notice of Inquiry Portions of this project area fall within the Urban Growth Boundary of the City of Fort Lupton and may be subject to certain aspects of the Intergovernmental Agreement between the City and Weld County. The Applicant has discussed this project with representatives of the City of Fort Lupton and has submitted a Notice of Inquiry to the City, as required by County Code. As indicated in the Notice of Inquiry (see following page), the City does not wish to annex this property. -r^ Amendment to USR 1255—Ft.Lupton Sand and Gravel Mine September 20,2004 L.G. Everist, Inc. Page 40 04004 Banks and Gesso, LLC st M Notice of Inquiry 11 1a Development within an Intergovernmental Agreement OO LAM Urban Growth Boundary • L ADO Date of Inquiry: Ja41vaH+1 2.9 , 200L1 Planner. C. 6o:ilx wia� Town Referred to: Tote's L..v` ktl P- Ordinance#: v4S s1•. 14 A Name of Person Inquiring: L. G. Legal Description: Legal Parcel#: A 9F. Rom 2S-1-Cl coutivy ttun.y I5 Property Owner ar;owS Major Crossroads: .cOurrel Deno 2S Type of Inquiry: �Gi0,.° "- Gr4wd - :�:(1.3q ;3draT` oN The above person inquired about developing a parcel of land inside your designated intergovernmental agreement urban growth boundary. This person has been referred to your community by Weld County Planning to discuss development options on this site. 1 Weld CountyCommentst`�' I-•G• Eves+ ;s ?ct3?oStA 4a rc G1raf --' Wye's:n { I( esion% . Et<;sT1r\ orraA'io� eu, �,^,�ry�ewe v jar R !Z,50 QC /1 r)T ' R_ ILI tS l.�Ji l�. 1bCT L phsl 068. Town/City Comments: a Platteville,Dacon°,Firestone and Frederick Intergovernmental Agreement If the person applies to Weld County to develop the parcel, the Town/City of desires to have Weld County require a binding annexation agreement'6etween"the person and the'fowri/Cityof which requires the person to annex the parcel-to the-Town/City upon the terms and conditions stated in the agreement. )8 Mead,Kersey,Milliken, LaSalle,Fort Lupton, and Dacona/Ede Intergovernmental Agreements: Has the person petitioned for$he parcel to be annexed to the Town/City of RV L.SFTtW ? If so,what is the status of the petition? . 'pp, If not,does the town/City of citt LUPT(14) desire to have the per$tm pej%pj1}or annexation,or may the person apply to Weld County to develop the parcel without first petitioning to the Town/Cityof ' "t1.4.1P7O1 for annexationl Comments: pbRcsk 1+ Nu-y ra.e'IUttol1S 440 APp1.14teer goes rde-f .esteetL ANNfattpan, At In is trig L - � v --Signature of Weld County Planner Signature of Town/City Representative White copy:Applicant;Yellow copy:Town/City;Pink Copy:Weld County it is the applicant's responsibility to return the completed form to Weld County. +Weld County Planning Department 61555 N.171h Avenue.Greeley.CO 80631 4(970)353-8100,Ext.3540)6(970)304-6498 Fax Amendment to USR 1255—Ft. Lupton Sand and Gravel Mine September 20,2004 L.G.Everist, Inc. Page 41 frlbjj TETRA TECH RMC August 31, 2004 Mr. Jim Sinner L.G. Everist 7321 East 88th Avenue, Suite 200 Henderson, Colorado 80640 Re: Fort Lupton Proposed Gravel Mine Slope Stability Analysis; Tetra Tech RMC Job No. 19-4603.003.00 Dear Mr. Sinner: This letter presents our engineering evaluation of potential mine slopes and setbacks at the proposed Fort Lupton Gravel Mine. Included is a description of the project setting and the slope stability calculations. Slope stability analysis was carried out to evaluate the minimum slope angles and setbacks between the proposed mine and adjacent structures so as to provide adequate factors of safety against slope failure. Both temporary construction/mining slopes and reclaimed slopes were analyzed. Note that the reclaimed slopes represent only one possible reclamation scenario. Other slope stability options exist and should be evaluated during final design. The proposed site will occupy parts of Section 30, Township 2 north, Range 66 West and Section 25, Township 2 north,Range 67 West of the 6th Principal Meridian in Weld County, Colorado. The site is in the alluvial valley of the South Platte River which meanders around the southeast and east sides of the proposed mine. Weld County Road 18 is just north of the subject property. Land use in the area is mainly gravel mining and agricultural. The City of Fort Lupton lies approximately 1.5 miles to the southeast. This report lists minimum safe slope angles and setbacks from structures based on stability calculations. Actual setbacks may be greater and slopes may be flatter due to permit limitations, zoning requirements,construction issues, agreements with owners, extent of economically mineable aggregate, or other issues. The purpose of this report is to support the application of two permits: an amendment to the Colorado DMG MLRB-112 permit (M-1999-120), and the Weld County Use by Special Review(USR-1255). The recommendations and findings outlined in this report should not be considered a final design for water storage. Final design issues including outlet works, intake structures, and the impacts such facilities will have on the reservoir configuration need to be addressed in the future. In particular, the 3:1 (H:V) reclaimed slope recommended herein, may need to be amended if future reservoir operations are determined to induce a rapid drawdown loading condition. Final design and testing 1900 S.Sunset Street.Suite I-F,Longmont.CO 80501 Tel 303.772.5282 Fax 303.665.6959 www.ttrmc.com TETRA TECH RMC Mr. Jim Sittner lilt August 31, 2004 Page 2 will need to conform to state regulations and guidelines concerning the construction of lined,below- grade reservoirs. GEOLOGY The mine site is located in the alluvial valley of the South Platte River. Geologic mapping at the site (Soister 1965)t indicates the mine is on the recent alluvial terrace of the South Platte River. Geologic mapping site by Colton (1979)2 indicates this terrace corresponds with the Piney Creek and Broadway Alluvium. The alluvium overlies the claystone, shale, and sandstone of the Laramie formation. Data for these analyses was extracted from previous geotechnical investigations and construction activities on the site along with our 1pcal geologic experience. The general subsurface profile consists of approximately 8 feet of silty sand overburden overlying approximately 24 to 44 feet of sand and gravel on top of claystone bedrock. Groundwater depths in the area are expected to fluctuate from 5 feet below the surface down to near bedrock in areas influenced by dewatering activities. Typically,the sand and gravel will compromise most of the mine slope. These soils are generally ,— strong and stable,particularly when dewatered. The presence of a mud lens(a zone of sandy clay) within the gravel in parts of the site represents a weaker zone and has been included in the calculations below. STRUCTURES WITH 200 FEET OF DISTURBED AREAS The known,permanent, man-made structures within 200 feet of the proposed mine area are listed below. Note that some utilities and locations are based on survey work done by others. ► Weld County Road (WCR) 18 ► Duke Energy gas line along WCR 18 ► Overhead power lines along WCR 18 ► Xcel Energy gas line north of WCR 18 ► Level 3 fiber optic lines ► Qwest Communications phone lines ► Kerr-McGee oil and gas lines ► Lupton Bottoms Ditch ► Top Operating Company Oil & Gas lines ► Other structures on the edges of the site depending on the final mine plan Geologic Map of the Fort Lupton g Quadrangle,Weld and Adams Counties,Colorado,Paul E. Soister, USGS GQ-397, 1965 Z Geologic Map of the Boulder-Fort Collins-Greeley Area,Colorado,Roger B.Colton,USGS I-855-G, 1978 TETRA TECH RMC Mr. Jim Sittner August 31,2004 Page 3 STABILITY ANALYSES We performed stability analyses to evaluate potential for damage to existing permanent structures due to mine highwall and reclaimed slope failures. Analyses were performed with the XSTABL version 5.202 computer program. XSTABL was used to generate 600 to 1,000 failure surfaces within the area of interest for each scenario and compute the minimum factor of safety using the Simplified Bishop's Method of Slices. We analyzed the apparent most critical soil profiles based on exploratory boring data and the preliminary mining plan. The soil profiles consist of a sandy-silty overburden layer overlying a sand and gravel layer, overlying a weathered claystone bedrock layer, overlying a claystone bedrock layer. Typically, the sand and gravel layer contains a mud lens about one-third of the way up from the bedrock. It is our experience that these mud lenses are very difficult to dewater and represent a weaker part of a slope. Hence,we have included a mud lens in the scenarios below. No laboratory strength tests were performed on soils at the site. The soil strength parameters used were based on typical values for the anticipated soils and our experience at this and other sites in the area. A summary of the material properties used is found in Table 1. For the water table we assumed highest seasonal water levels and the effects of active ditches. TABLE 1-MATERIAL PROPERTIES USED IN SLOPE STABILITY CALCULATIONS ,—. Moist Saturated Effective Effective ID ij In Material Unit Weight Unit Weight Cohesion c' Friction Angle 0' Xstabl (pcf) (pcf) (psf) (degrees) Overburden and 114 126 150 28 1 reclamation slope Sand&Gravel 130 137 0 37 2&6 Weathered Claystone 124 134 0 14 3 Bedrock(residual strength) Claystone Bedrock 124 134 500 22 4 (peak strength) Mud Lens 116 119 200 22 5 Slurry Wall 110 122 0 22 7 The stability analysis geometry represents conditions developed during our discussion on June 23, 2004. Instead of modeling a vertical highwall and adjusting the setback distance from the structures, a given setback distance was used and the slope angle adjusted for stability. In accordance with the Colorado State Engineer's Office (SEO) guidelines for temporary slopes and final slopes in a rapid drawdown situation, slopes with a factor of safety greater than 1.2 were considered acceptable. Based on our conversation of July 9, 2004,we ran additional analyses to evaluate the slope stability during seismic events and before reservoir filling. Both the temporary construction slopes and reclaimed slopes were evaluated for seismic stability by applying a 0.06 G horizontal force within the XSTABL model. Factors of safety greater then 1.0 were considered acceptable. The stability model was also run for the reclaimed slopes under drained (not rapid drawdown) conditions. In accordance rir* TETRA TECH RMC Mr. Jim Sittner August 31,2004 Page 4 with the SEO guidelines for permanent slopes, a factor of safety greater then 1.5 was considered acceptable. Since the mine is still in early planning stages,we have considered several typical scenarios. Slope stability calculations were carried out for typical mining depths of 30 feet and expected maximum mining depths of 50 feet. Each case was modeled both with and without a slurry wall. Each case was also evaluated with temporary construction slopes and with reclaimed slopes constructed of compacted overburden soils. The temporary slopes were evaluated for both static conditions and a 0.06G seismic event. The final slopes were evaluated for stability during static conditions, a 0.06G seismic event, and a"rapid drawdown"situation where the reservoir is drained faster than the pore water pressure in the surrounding soil can respond. The following scenarios were modeled for slope stability.The results are presented in Tables 2 and 3. ► Scenario 1: Lupton Bottoms Ditch. The bottom of the unlined ditch locally extends into the upper gravels and can therefore be assumed to charge the upper gravel when the ditch is running. The top of the mined slope was set back 30 feet from the inside edge of the ditch. Figures 1 and 3 show typical cross section for this scenario. ► Scenario 2: Weld County Road 18 along the north side, including pavement and utilities,and power lines. An 1,800 psf surcharge 10 feet wide simulates live truck loads on the mad. Groundwater levels are relatively high due to nearby irrigation. Note that the structure closest to the proposed mine is gas pipeline owned by Duke Energy(based on flagging seen in the field). This pipeline was the controlling structure in the stability analysis. Other utilities along the road were further removed from the mining highwall and are therefore more stable. That is, if the structure closest to the highwall is determined to be sufficiently stable, then structures further away are inherently just as or more stable. As requested at a meeting on June 23,2004, the top of the mined slope was set back 60 feet from the centerline of the road. Figure 2 shows a typical cross section for this scenario. ► Scenario 3: Other structures without significant topography, surcharges, or influences on the water table (Kerr-McGee oil and gas pipeline, etc). This generic scenario assumes a structure to be 30 feet away from the top of the slope. Groundwater levels are relatively high due to nearby irrigation. ► Scenario 4: Gas wells within the excavation. This scenario specifically addresses the gas wells located within the perimeter of each mine cell. Our understanding of the setback agreement is that the edge of mining will be within 80 feet of the well. The mined area around the well will then be backfilled to full height up to 175 feet away from the well. Starting at 175 feet away from the well, the backfill will be sloped at 3:1 (H:V). This is shown in Figure 4. TETRATECH RMC Mr. Jim Sittner tilib August 31,2004 Page 5 The slope angles indicate the steepest allowable slopes. Slopes can be mined to a flatter angle if needed. For example, from a mine operations standpoint, it may be desirable to keep mine slopes constant. In that case, a construction slope of 1.5:1 (H:V)would be acceptable,unless conditions significantly different than those analyzed here were encountered. TABLE 2-TEMPORARY CONSTRUCTION SLOPE STABILITY CALCULATION RESULTS Setback Slope Slurry Highwall Factor Seismic F.O.S. Scenario Oft (Allowable Wallin Slope of Safety (AUowable 1.0) (ft) Place (H:9 (Allowable 1.2) 1 50 no 1.5:1 1.2 1.0 Lupton 30 yes 1.3:1 1.3 1.1 Bottoms no 1:1 1.3 1.1 Ditch 30 yes 1:1 1.2 1.1 2 60 from 50 no 1.5:1 1.3 1.1 Weld center of yes 1.3:1 1.3 1.1 County road 30 no 1:1 13 1.1 Road 18 yes 1:1 1.2 1.1 50 no 1.5:1 1.3 1.1 3 30 yes 1.3:1 1.3 1.1 r— General no 1:1 13 1.1 30 yes 1:1 13 1.1 4 Internal Gas 80 50 no 1.5:1 1.7 1.4 Wells iirt TETRA TECH RMC Mr. Jim Sittner August 31, 2004 Page 6 TABLE 3-RECLAIMED SLOPE STABILITY CALCULATION RESULTS Slope Slurry Reclaimed F.0.5 F.0.5 Static Scenario Setback Height Wall In Slope Drawdown Condition Seismic F.O.S. (R) Condition (Allowable 1.0) (1) Place (H:V) (Allowable 1.2) (Allowable 1.5) no 4:1 1.4 1.9 1.5 50 yes 4:1 1.3 2.4 1.8 1 no 3:1 - 1.7 1.4 Lupton 30 yes 3:1 - 2.0 1.6 Bottoms Ditch no 3:1 1.2 1.6 1.3 30 yes 3:1 - 2.0 1.6 yes 4:1 1.3 2.3 1.8 no 4:1 1.4 2.0 1.5 2 from 50 yes 4:1 1.3 2.3 1.8 60Weld no 3:1 1.7 1.4 center of County road yes 3:1 - 2.0 1.6 Road 18 no 3:1 13 1.7 13 30 yes 3:1 13 2.0 1.6 no 4:1 1.5 2.0 1.6 50 yes 4:1 1.3 2.3 1.8 3 30 no 3:1 - 1.7 1.4 General yes 3:1 - 2.0 1.6 30 no 3:1 1.3 1.7 1.3 yes 3:1 1.3 2.1 1.6 4 Internal Gas 175 50 no 3:1 2.3 2A 1.7 Wells - Factor of Safety less than required CONCLUSIONS Our evaluation shows that with appropriately graded slopes, gravel can be mined and a reservoir can be established with the requested setbacks. As shown in Table 2,mining slope angles range from 1.5:1 (H:V)in the deep sections of the mine to 1:1 in the more typical sections as long as the slopes are dewatered. For the gas wells within the mine perimeter, the slopes could be mined vertically with an acceptable factor of safety(in regards to the well) since the 80 foot setback from the well is more than the 30 foot required setback. As shown in Table 3, when rapid drawdown conditions are not considered, the acceptable final slopes for all scenarios are 3:1. This situation would be applicable under most circumstances since reservoir drainage is typically slow. If it is determined that rapid drawdown conditions are likely during the life of the reservoir, those slopes shown in Table 3 to be unstable should be stabilized with toe berms, TETRA TECH RMC Mr. Jim Sittner II August 31, 2004 Page 7 constructed with zones of coarser material or flattened to 4:1 (H:V). Specific site conditions that could warrant the use of rapid drawdown criteria include the use of large pumps to drain the reservoir very quickly or transferring most of the water out by connecting pipes or through a breach into an adjacent, empty reservoir. These issues should be addressed during final design when reservoir operations and discharge methods are known. LIMITATIONS Our review is based on regional geologic mapping,preliminary mining plans, bore hole data from the existing mine, and stability analyses using typical strength parameters for the various strata in the critical sections. Should the mining plans change or subsurface conditions vary from those portrayed in this letter,we should be contacted in order to re-evaluate the potential affects on permanent man- made structures. Stability analyses were run at the structure in question and were not run on failure surfaces closer to the highwall. Factors of safety at and closer to the highwall will be less than those calculated at the permanent man made structures. Any mining or slope failure that brings the excavation closer to the structure than indicated here will require a new analysis to evaluate the stability. Note also that surcharge loads due to temporary material stockpiles and overburden berms were not considered in the analysis. Please call with any questions or comments. Sincerely, TETRA TECH RMC, INC. _ o RE G,.......�,'ictrie r. li " 04miC .. i :� ono to cc y' Christoph Goss,PhD,P.E. - 3857.-c.- s . Mining Engineer °�;' �p C' / tItk e,9'u .. lNO h�0 I ANAL Colby Hayden P.E. Engineering Project Manager CG:cg Attachments (figures) Appendix included separately on CD F:4603_003\xstabBtFort Lupton Slope Stability Final August 30 2004llr doc i 1 1 30' OFFSET • BETWEEN STRUCTURE AND TOP OF HIGHWALL 1851-a/ g,5� LUPTON BOTTOMS } MINED SLOPE II /DITCH / , /// ,OVERBURDENT -•.*„. &_„' � . • •• • � . SLURRY WALL: RECLAIMED SLOPE • ,. • o • o: ' ' ��t :x►. :...i :...c!..."7 : b SAND & GRA\'/EL` ' ., :',..•-;.:• '•'70.2-:•• ' • o. :•• MUD LENS• ` .... , • • •'' o'• :. , c ; c:•SAND & GRAVEL _ 1Z_Z__`_1_`_Z___��t��______\CZ1�Z��Z4`Z�._Z______Z_ v \ \\\\\\\\ \ \ \ \\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\ \\\ \ \ \ \ \ \ \\\\ \ \\ \\\\\\\\\ \ \\\\\\\\\ \\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\ \\WEATHERED\ \\\\ \\\ \\\\\\\\\ \\\\\\\\\\ \\\\\\\\\\\\\ \ \ • \ \\\\\\\\\\\\\\\\\\\\ \ BEDROCK \\ \\\' \\\\ \\\\\\\\\ \ \\\\\\\\\ \\\\\\\\\\\\\BEDROCK\ \\\\\\\\\\\\\\\\\\\\\\ \ \ \ \ \ \ \\ \\• ) \\\\\ \\\ \\\\.\\\\ \:\\\:\\\N\.\\ \\\\\\\\\\\\\<\\\\\ \ \\\\\\\\\\\\\\\\\\\\\\\\\.\\\ \\ V 0. 1.7 FACTOR OF SAFETY ALLOWED CALCULATED MOST CRITICAL FAILURE PLANE 0 15 30 MINED SLOPE STATIC 1.2 1.3 - - - - - MINED SLOPE (STATIC) I I I I MINED SLOPE SEISMIC 1.0 1.1 — — — RECLAIMED (RAPID DRAWDOWN) SCALE IN FEET xo RECLAIMED RAPID DRAWDOWN 1.2 1.3 o RECLAIMED SLOPE STATIC 1.5 2.4 JOB NO. 19-4603.003.00 o RECLAIMED SLOPE SEISMIC 1.0 1.8 c 50' DEEP SLOPE D RMC s CROSS-SECTION FIGURE: BY LUPTON BOTTOMS DITCH 1 NOTE: THIS FIGURE IS A CONCEPTUAL SKETCH, NOT A FINAL DESIGN. DO' TO it OF W.G.R. Is 40' FUTURE R.O.W. 32'3 DUKE ENERGY GAS UNE 30' R.O.W. 27'3 OHE 17'3 LEVEL 3 MINED SLOPE W.C.R. 18 i /1° OVERBURDEN 4:1 (0) RECLAIMED SLOPE ..�♦��;�;�;�'�'�'�'�;��;. .�•d '� -. � sj; ..- .. ' ,., . .. ,.••o. :"o,: •' . ��e��♦ ♦ /•. •:.. • a t� :SAND & GRAVEL � L •' .. o ��♦ FILL ♦��♦ 'S\ I.: .. . '.,. ... . ••• MUD LQNS., C _��i��:.��i��ti��i�i��i��'>��i�i��,.- '.•:.. .o. '•.. . . ' ...�i q;', :. SAND & .GRAVEL' c \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \ \ \. .. . \\.\\\\\ \ \ \ \ \\ \\\\\\\\\\\\ \\ \\\ \\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\�WTHERED BEDROCK \\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\� \ ��\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\' \\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\\\' ) \\\\\\ \\\ \ \\ \\ \ \ \\NN \\\\\\\\\\ \\\\ \\\\\\ \ \\\\N\NN\\\\\\\\\ \\\\\\\\\\\\ \ \ \ \ ' 0. SY FACTOR OF SAFETY MINIMUM CALCULATED MOST CRITICAL FAILURE PLANE ALLOWED 0 15 30 MINED SLOPE STATIC 1.2 1.3 - - - - - MINED SLOPE (STATIC) I I I MINED SLOPE SEISMIC 1.0 1.1 - - - RECLAIMED (RAPID DRAWDOWN) SCALE IN FEET RECLAIMED RAPID DRAWDOWN 1.2 1.3 & RECLAIMED SLOPE STATIC 1.5 2.3 JOB NO. 19-4607.003.00 o RECLAIMED SLOPE SEISMIC 1.0 1.8 50' DEEP SLOPE RM C 8 CROSS-SECTION FIGURE: $ WELD COUNTY ROAD 18 2 LL NOTE: THIS FIGURE IS A CONCEPTUAL SKETCH, NOT A FINAL DESIGN. ) 1 1 30' OFFSET BETWEEN STRUCTURE AND TOP OF HIGHWALL 1 8.51 LUPTON BOTTOMS ) MINED SLOPE I /DITCH . OVERBURDEN ' ' ' ' ' .• o . .� .�,� SLURRY WALL: .�..: •o:. ..:a , . RECLAIMED SLOPE • • '•�' • �' / h • •• .. ;, o. .SAND & GRAVEL'.. `ei.,• : . .•. /...0 % o virc;•-•• .. - '. .O.• ' 1... MUD LENS ' o . ^o .' ::...'.•o. •.` • . � o. •^ .. : '' . • ..:•*SAND & GRAVEL.. .. ,0 ... \-"\-\\-\ \\,\-\\ ,\, . .\.\\.\.�'C\k\ \\\ \s.\\\>\ \\ \*„.0\\\\\\\\`\\\\\\\ \\ \\\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\ \\WEATHERED\ \\\\ \\\\\ \\\ \\\\\\\ \\\\\\\\\\\\\\\\\\ . \ . . . \\\\\\\\\\\\\\\\\\\\\ \ BEDROCK \\ \\\\ \\ \\ \\\\ \\\\\\\\\\\\\\\\\\\\\\\\\BEDROCK\ \\\\\\\\\\\\\\\\\\\\\\ \ \ \ \ \ \ \\ \\\\ \\\ \\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \ \\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\ \\\\ \\ ) \.\\\\\ \\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\ \ \\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\ \\\\ \ 0 R FACTOR OF SAFETY MINIMUM ALLOWED CALCULATED MOST CRITICAL FAILURE PLANE 0 15 30 MINED SLOPE STATIC 1.2 1.3 - - - - -- I I I MINED SLOPE (STATIC) SCALE IN FEET MINED SLOPE SEISMIC 1.0 1.1 - - - RECLAIMED (STATIC) x RECLAIMED SLOPE STATIC 1.5 2.0 0 RECLAIMED SLOPE SEISMIC 1.0 1.6 JOB NO. 19-4603.003.00 O g 50' DEEP 3:1 SLOPE © RMC a CROSS-SECTION FIGURE BY LUPTON BOTTOMS DITCH LL 3 NOTE: THIS FIGURE IS A CONCEPTUAL SKETCH, NOT A FINAL DESIGN. ) ) l GAS WELL 175' OFFSET BETWEEN STRUCTURE AND TOP OF RECLAIMED SLOPE 22 80' OFFSET BETWEEN STRUCTURE AND TOP OF MINED 2 SLOPE r RECLAIMED SLOPE //OVERBURDEN/ MINED SLOPE a �� MUnn LENb•.' • •, ,se,NBI, & GRAVEL .:o✓�• • \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \-- T\-\.-.L.\-\.. .•`e-N'[ \\\ \\\\\ \\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\:\\ \\\\\\\\\\\�\\\\`WEATHERED. \\ \\\\\ \\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ BEDROCK\\\\\ \ \\\\\\\ BEDROCK \\\ \\\\\ 1 \\ \\\\\\\\\\\\\\\\\\\ .\��\\\\\\\\\\\\\\\\ \\\\\\y \\\\\\\\\\\\\\\\\ \\ \\\\\ 2 a \\\\S\�\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ mot\\\\\\\\\\\\\\\\ \\\\\\\ \ \\\\\ \\\\\\\\\\��\ y\\\\\\\\\\\\\\\�.\?rac\ \\\\\\\\\\\\\\\\\\\\\ \\\\\\\ \\\\\ \\\\\\\\\\\\\\\\\\ \77\TC\7"\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \ \ \ \ \ \ \\\\\ FACTOR OF SAFETY AVOWED CALCULATED MOST CRITICAL FAILURE PLANE 0 15 30 I E MINED SLOPE STATIC 1,2 1.7 - - - - - MINED SLOPE (STATIC) I w MINED SLOPE SEISMIC 1.0 1.4 - - - RECLAIMED (STATIC) SCALE IN FEET 3 N RECLAIMED SLOPE STATIC 1.5 2.4 u RECLAIMED SLOPE SEISMIC 1.0 1.7 z' JOB NO. 19-4603.003.00 Q ' Ill 50' DEEP 3:1 SLOPE O RMC 8, CROSS-SECTION FIGURE INTERNAL GAS WELLS 4 NOTE: THIS FIGURE IS A CONCEPTUAL SKETCH, NOT A ANAL DESIGN. Affidavit Permission to Enter, Mine, and Reclaim I, as the undersigned Representative for L. G. Everist, Inc., hereby attest that L. G. Everist, Inc., has a "Permission to Enter, Mine, and Reclaim" Agreement with each of the landowners listed below, and that the originals are maintained on file in L. G. Everist, Inc.'s office for state application requirements. Copies of said "Permission to Enter, Mine, and Reclaim" Agreements are attached here for reference and have been included in the amendment application for the Weld County Use by Special Review Permit, #USR-1255, which covers L. G. Everist, Inc.'s Fort Lupton Sand and Gravel Mine. The landowners are as follows: Weld County Parcel No. Landowner 130930000002 Eber, Steven and Suzan Folletz 130930000073, 130930000074 Hill, Gomer and Julane (Gomer Hill Living Trust) 130930000051, 130930000068 Golden, IL (IURM Golden Properties, LLC) 130930000070 Oakley, Judy 130930000075 Panowicz, Randall 130930000076 Parker, Kevin and Rebecca 131125002002 Swingle, Gary and Gloria I-- The notarized signature below confirms the statement above, that the original "Permission to Enter, Mine, and Reclaim"Agreements are maintained on file in L.G. Everist, Inc.'s� office. 0 Si na ure epresentative for . Everist, Inc. ate Z 1pin A c Q7' l /4.17 /l4norg� Na and Title (pl ase print) t State of Col rado ) )ss County of i '7 ) The foregoing instrument was acknowledged before me on this a 7 day of c, :'��► 2004, by the signatory Representative above. Wi ,shiny hand a 1, icial seal, ,' f KIM . '; -,\ CON • ' r No\ .1 Public kc•S r '-la My Commission Expires. J (i k -- L 1 . " �OF CO�— My Commission Expires Jan.22,2001 FL-Leg a IRig htE nter-AII.d oc EXHIBIT A PERMISSION TO ENTER,MINE AND RECLAIM I/we the undersigned Owner(s)of certain real estate located in Weld County,Colorado("Property"), hereby grant L.G. Everist,Inc.(hereinafter referred to as the"Applicant/Operator")permission to enter and initiate permitting,exploration,mining,and reclamation activities on the Property described below and made part of the Colorado Division of Minerals and Geology Regular 112 Mining and Reclamation Permit application described below. The aforementioned Property is composed of the following parcel of legally described real estate and is comprised of 93.04 acres, more or less: Weld County Parcel No. 130930000002: Parcels A-B-C-D-E as described in Deed No. 1538431 all of which are located in Lot 2 in the NW 1/4 of Sec.30,T2N,R66W,6th PM,Weld County,Colorado,according to the Lupton Meadows Land Company Map of Division No.3, recorded June 12, 1909, consisting of approximately 4.67 acres,more or less. The aforementioned Regular 112 Mining and Reclamation Permit is for the following site: Fort Lupton Sand and Gravel Mine,Permit No. M-1990-120,and any subsequent amendments 3—/2 -o ame of Owner and Date Signed 4.‘10,/v„ G , 3 -/z -o y Name if Owner and Date Signed State of Colorado ) County of WELD )ss This fo going instrument was acknowledged before me this 2 ;� _day of 20 by"Name"as L- � and A c M/O3 No : Public //yam pUsu My Commission expires: /WV /c?, 0200 7 Msewne,lr00 2 EXBIBIT"A" PERMISSION TO ENTER,MINE AND RECLAIM I/we the undersigned Owne (s)of certain real estate located in Weld County,Colorado(`Property"),li' reby grant L. G,&verist,Inc. (hereinafter referred to as the"Applicant/Operator")permission to.enter and initi:t permitting,exploration,mining,and reclamation activities on the Property described below and made I ut of the Colorado Division of Minerals and Geology Regular 112 Mining and Reclamation Permit application c :scribed below. I,Jh. 14. 444E O. QrCSJn4J Or.h. w..er5 q�Je j)oe •S5lw_ + ;rid Jet 44'e ?nler4), in ika at lcc•,E`, 44.15 ocnr e+.ne.,+ stu.tl 11a* be [e.+i4fHEd O•S Or OrisreSS or ,mrl.ei rOH+rt(''r 1"C ,okt ar l4 C.c.'? 14" The aforementioned Property is composed of the following two parcels of legally described real estat,: and is ?re r (*t. comprised of 34.79 acres,more or less: Weld County Parcel No. 130930000068: That part of Lot 6,which is located in the SW1/4 c, the NE 1/4 of Sec.30,T2N,R66W,6"PM;Weld County,Colorado,according to the Lupton,Meadc'.,land Company Map of Division Na 3,recorded June 12, 1909, lying west of the centerline of the Sr nth Platte River,said centerline described as beginning on the S line of Lot 6 at a distance of 610'E of lb;SW comer of Lot 6 N33D54B 190'N59D29E 470'1950D2913 262.17'to E line of Lot 6,except the:part of the N 3/2 of Sec.30,11.21.1,R66W described in Book 804,Reception No. 1726470(2.50 acres;; tore or less)and Reception No. 1726471(2.36 acres,more or less);also except beginning 2.5'N and 4.5'E of the center point of said Sec.30,thence N by NE on a straight line a distance of 1325'more or 1 as to a point 36.2'B of the NE corner of the S of the NW%.of said Sea 30,thence W 36.2'to the s.id NE corner,thence S on the E section line of the S'r4 of the NW is of said Sec.30 a distance of 113'more or less,to a point on the said section line 2S'N of the center point of said Section 30,thence E a distance of 4.5'more or less to the point of true beginning, consisting of approximately 29.93 acres,n o e or less. . Weld County Parcel No.1.30930000051: That pert of Lot 6,which is located in the SW1/4 0: the NE 1/4 of Seo.30,T2N,F66 W.66 PM,Weld County,Colorado,according to the Lupton Meadow:Land Company Map of Division No.3,recorded June 1.2, 1909,which is described in Book 804,Rec Titian No. 1726470(2.50 acres,more or less)and Reception No. 1726471 (2.36 acres,more or less)and,i.scribed as gavel pits,consisting of approximately 4.86 acres,more or less. • The aforementioned Regular 112 Mining and Reclamation Permit is for the following site: Fort Lupton Sand and Gravel Mine,Permit No.M-1990-120,and any subsequent amendments Name of Owner and Date Signed Name of Owner and Date Signed 2 EXHIBIT"A" PERMISSION TO ENTER MINE AND RECLAIM I/we the undersigned Owner(s)of certain real estate located in Weld County,Colorado("Property"),hereby grant L. G. Everist,Inc. (hereinafter referred to as the"Applicant/Operator")permission to enter and initiate permitting,exploration, mining, and reclamation activities on the Property described below and made part of the Colorado Division of Minerals and Geology Regular 112 Mining and Reclamation Permit application described below. The aforementioned Property is composed of the following legally described real estate: 16228-D, Lots 3 and 4 according to Division No. 3 of the Lupton Meadows Land Company recorded June 12, 1909, located in the NW1/4 S30, T2N,R66W,6th PM,Weld County, Colorado,Excepting a strip of land deeded April 24, 1914 in Book 393 on Page 294. The aforementioned Regular 112 Mining and Reclamation Permit is for the following site: Fort Lupton Sand and Gravel Mine, Permit No. M-1990-120,and any subsequent amendments Gomer ing Trust,Da May 25,2000,For the Benefit of Gomer Hill C� rye /4i t By: Name: igna of Owner Please Print Name of Owner and Julane M.Hill Living Trust,Dated May 25,2000,For the Benefit of Julane M. Hill �7 , f By: Vail eq A( l Name: it(bill 4. AO Signature of Owner Please Print Name of Owner TIMOTHY G. HILL State of Colorado ) Notary Public ss State of Colorado County of Deaverdreirownerrwe The foregoing instrument was acknowledged before me on this 3,4 day of Pilort-tr-r 2004,by the signatory Representatives above. Witness my hand and official/seal, Notary Public: 741 oTp y (�, y 1/ y Commission expires: &a/ c/acu -7 EXHIBIT "A" PERMISSION TO ENTER,MINE AND RECLAIM I/we the undersigned Owner(s)of certain real estate located in Weld County, Colorado ("Property"), hereby grant L. G. Everist, Inc. (hereinafter referred to as the"Applicant/Operator") permission to enter and initiate permitting,exploration, mining, and reclamation activities on the Property described below and made part of the Colorado Division of Minerals and Geology Regular 112 Mining and Reclamation Permit application described below. The aforementioned Property is composed of the following legally described real estate: Parcel Number: 130930000070 Legal Description: 16228-C. The East 4.94 Acres, more or less, of Lot 2, NW1/4 S30, T2N, R66W, 6th PM, Weld, County, Colorado, According to Div. No. 3 of the Lupton Meadows Land Company, Recorded June 12, 1909, Excepting a Strip of Land Conveyed by Deed BK788 PG 487. The aforementioned Regular 112 Mining and Reclamation Permit is for the following site: Fort Lupto nd ravel Mine, Permit No. M-1990-1 0, and any subsequent amendments . Nam of w n ate Signe L.HOK.re�� NOTARY PUBLIC State of Colorado F C Jl—J iredo -- County of ^g ////'�� This fore oin instrument wa acknqwledged before me this q rH day of m ACCN , 2(: q., by"Name" as_ \iACk4 forming of R i Lup nl1 CQ . �Jt II 1 N ary Public M Commission expires: ' V K-1kr h l o� oaOot� EXHIBIT"A" PERMISSION TO ENTER, MINE AND RECLAIM I/we the undersigned Owner(s)of certain real estate located in Weld County,Colorado("Property"),hereby grant L.G. Everist, Inc. (hereinafter referred to as the"Applicant/Operator")permission to enter and initiate permitting,exploration, mining,and reclamation activities on the Property described below and made part of the Colorado Division of Minerals and Geology Regular 112 Mining and Reclamation Permit application described below. The aforementioned Property is composed of the following legally described real estate: Lot 1,NW 1/4 S30,T2N,R66W,6th PM,Weld County,Colorado,according to Division No. 3 of the Lupton Meadows Land Company,recorded June 12, 1909,which is comprised of approximately 22.47 acres,more or less. The aforementioned Regular 112 Mining and Reclamation Permit is for the following site: Fort Lupton Sand and Gravel Mine, Permit No. M-1990-120,and any subsequent amendments ----Panif&ker and Date/Name of Owner and Date Signed State of Colorado ) I , , )ss County of WAD ) This foregoing instrument was acknowledged before me this 5 _day off" ( -- ,2003,by "Name" as .+(t•.t" t _ %flu IC 7 and whose address is 12100 County Road 18,Fort Lupton,Colorado 80621. .‘\\N‘v nER CuM`I11 �. i� � OM 't1 1 Notary Public y G M��''•%G tl ^-� `r OTq .N 11 AV G+ /2 occ67 •�y i My Commission expires: I tl :08LIC I i I / elitist112, EXHIBIT"A" PERMISSION TO ENTER,MINE AND RECLAIM I/we the undersigned Owner(s)of certain real estate located in Weld County,Colorado("Property"),hereby grant L. G. Everist, Inc. (hereinafter referred to as the"Applicant/Operator")permission to enter and initiate permitting,exploration, mining,and reclamation activities on the Property described below and made part of the Colorado Division of Minerals and Geology Regular 112 Mining and Reclamation Permit application described below. The aforementioned Property is composed of the following legally described real estate: Lot 2,NW 1/4 S30,T2N,R66W,6th PM, Weld County,Colorado,According to Division No. 3 of the Lupton Meadows Land Company,Recorded June 12, 1909,Excepting E4.94 Acres, Also Excepting Parcels A-B-C-D-E (.10R2D),which is comprised of approximately 14.1 Acres,more or less. The Property address is 12140 Weld CR 18, Weld County,Colorado 80621. The aforementioned Regular 112 Mining and Reclamation Permit is for the following site: Fort Lupton Sand and Gravel Mine,Permit No. M-1990-120,and any subsequent amendments O7a-2-o3 e of Owner and Date Signed N�me of Owner and Date Signed State of Colorado ) ss County of "&t,_)k\e,f ) This foregoing instrument was acknowledged before me this ; day of 5\)I' 2003,by Kevin E. Parker and Rebecca L. Parker whose address is 12140 Weld County Road 18,Fort Upton,CO 80621. OTA/t eitA6141/1 Pi 1/4 ttitapabLA G No • Public i �LN �p% My Commission expires: O15-1 al/Oi7 My Commission ExpUes 05121/06 EXHIBIT A PERMISSION TO ENTER, MINE AND RECLAIM I/we the undersigned Owner(s)of certain real estate located in Weld County,Colorado("Property"), hereby grant L.G.Everist,Inc. (hereinafter referred to as the"Applicant/Operator")permission to enter and initiate permitting,exploration,mining,and reclamation activities on the Property described below and made part of the Colorado Division of Minerals and Geology Regular 112 Mining and Reclamation Permit application described below. The aforementioned Property is composed of the following parcel of legally described real estate and is comprised of 93.04 acres,more or less: Weld County Parcel No. 131125002002: That part of Lot 3,which is located in the NE1/4 of Sec.25,T2N,R67W, 6th PM,Weld County,Colorado,according to the Lupton Meadows Land Company Map of Division No.3,recorded June 12, 1909,consisting of approximately 93.04 acres, more or less. The aforementioned Regular 112 Mining and Reclamation Permit is for the following site: Fort Lupton Sand and Gravel Mine, Permit No.M-1990-120,and any subsequent amendments „Name of er an ate Signed /ay/ e3, N e of Owner and Date igned State of Colorado ) . .CS ..4 ss 1 County of L 11/1.3 C• VERSE This foregoing instrument wns acknowledged before me this J _ t �• . ` • 2003,by"Name"as X1 AM )1./1LLCY, '�� -••• . .. • ,•;j�� \.314)L.nl1 .P , whose address is 2431 Eagleview Cir le Longmont,C►�:,,;`it C/dNUS/i u1 (��Jan.71,2008 Notary Public My Commission expires. cc2' Mc 2 AGREEMENT This agreement is made by and between L. G. Everist, Inc. (Applicant), 7321 E. 88th Avenue, Suite 200, Henderson, CO 80460, and Public Service Company of Colorado (PSCo), 550 15th Street, Suite 700, Denver Colorado 80202. Public Service Company of Colorado owns electric and/or gas transmission and/or distribution utility facilities and associated appurtenances located on a portion of the following described property: Portions of the E/2 of the NE/4 of Section 25, Township 2 North, Range 67 West, and the NW/4 of Section 30, Township 2 North, Range 66 West, both in the 6th P.M., Weld County, Colorado. Applicant proposes conducting mining activities on or near the property on which the PSCo facilities referenced above are located, and has or will apply to the Colorado Division of Minerals and Geology for a Construction Materials Regular 112 Operation Reclamation Permit. The Construction Material Rules and Regulations of the Colorado Mined Land Reclamation Board require the Applicant to provide a notarized agreement between the Applicant and the person(s) having an interest in significant or permanent man-made structures located within two hundred (200) feet of the affected land, stating that the Applicant agrees to provide compensation for any damage to said structures. Therefore, Applicant agrees to assume responsibility and to pay for any damage to PSCo or PSCo's facilities resulting from its mining operations. In addition, Applicant is responsible for all costs associated with the relocation of any PSCo facilities necessary to accommodate the mining operation. Applicant agrees to separately enter into a License Agreement with PSCo for any work to be performed on any PSCo property or within any easement held by PSCo, including the use of any roads crossing any such property or easement. This Agreement shall not be construed to limit the rights or remedies available to PSCo. In witness whereof, the parties sign and accept this agreement on the Z3 day of s'eergMBeQ 2004. APPLICANT �p g` By: (�C►ll"7 Title: it i 4vi frig 477- ,_ y 1 of 2 State of Colorado, ) County of OdlLThl jss. T foregoing instrument was acknowle ged before me this I day of utr , 2004 by TiurL. Ma-4u3 as �� i�.act'i[i+:�;.:, of & Foes: r . — /i \ t - t11 r • •, i,,/� Notary • 4lfc rfpi My Commi'a, &rbw � 1. f 4� ,2004 My Commission Expires Jan.fl,2006 PUBL�VICE CQM�PA"NY OF COLORADO By: -et. U._1e%�! Peter West Title: Managing Director. Local Affairs .-.. Public Service Company of Colorado State of Colorado, ) GT'N' )ss. two County of pewits- ) The foregoing instrument was acknowledged before me this t-3 = day of 5 Arrav-t r3t2 , 2004 by n1113 it.W43T- asjtiwnas 'D ac- h micro rt)toca.A tsof Public Service Company of Colorado. Notary 1 ub�c' My Commission expires: 1301.33 2.0o'- �PgY •Pke‘ Z: PAUL 1 KELLOGG,o 2 of 2 SETBACK AGREEMENT Site Location: Fort Lupton Sand and Gravel Mine, DMG Permit # M-1999- 120 - located in the S 1/2 of the NW t/a of Section 30, Township 2 North, Range 66 West, 6th P.M., and including the amendment areas located in the N 1/2 of the NW 1/4 of Section 30, Township 2 North, Range 66 West, 61° P.M., Weld County, Colorado. Applicant: L. G. Everist, Inc. 7321 East 88th Avenue, Suite 200 Henderson, Colorado 80640 Structure Owner: Lupton Bottom Ditch Company c/o Mr. Gene Wagner, President 9990 Weld County Rd 23 Fort Lupton, Colorado 80621 Structure: East Lateral of the Lupton Bottom Ditch - more specifically the section traversing the Site Location noted above. The specific parcels of real property traversed are 130930000002, 130930000004, 130930000070, 130930000073, 130930000074, and 130930000076. Required By: Colorado Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 The Colorado Division of Minerals and Geology ("DMG") requires all applicants of 112 Reclamation Permits to provide notarized agreements between the applicant and the owner(s) of any significant, valuable, or permanent man-made structure located within 200 feet of the affected property. The agreement shall state that the applicant shall provide compensation for any damage done to the structure through the mining operation. If an agreement cannot be reached, the applicant shall provide an engineering evaluation that demonstrates that such structure shall not be damaged by the mining operation. RECITALS A. L. G. Everist, Inc., an Iowa corporation ("Applicant" or "LGE") is applying for an amendment to a 112 Reclamation Permit from the Colorado Division of Minerals and Geology ("DMG"), for the purposes of mining the sand and gravel reserves and then reclaiming certain real FL-LBDCAgreement-Sep2004.DOC 1 property located in Weld County, Colorado, including those parcels identified above as the "Site Location." B. Lupton Bottom Ditch Company ("Structure Owner" or "LBDC") owns an irrigation ditch or lateral identified above as the "Structure," which Structure is a permanent, man-made structure and is located within 200 feet of the Site Location. C. In support of its original Application for Regular 112 Permit, LBDC and Applicant executed, on April 20, 2000, a set-back agreement, dated February 23, 2000 ("Original Set-Back Agreement"), pursuant to which Original Set-Back Agreement, among other things, Applicant agreed to repair the Structure or compensate LBDC for any damage to the Structure lying within 200 feet of the sand and gravel mine operated by Applicant on the S t of the NW 14, Section 30, T2N, R66W, 6`" P.M., Weld County, Colorado. D. LGE and LBDC also entered into an Agreement, dated June 6, 2000 ("Original Ditch Agreement"), pursuant to which LGE and LBDC agreed on the terms and conditions under which LGE would have the right to temporarily relocate the Structure during LGE's mining operations. E. Applicant and LBDC now wish to restate their agreements and understandings concerning the rights, obligations and liabilities of Applicant applicable to its mining activities within the Setback Area, defined below, and the impact of such mining activities on the Structure located within the Site Location. NOW, THEREFORE, in consideration of the covenants, promises, rights and undertakings hereinafter set forth, the sufficiency of which is hereby acknowledged, Applicant and LBDC agree as follows: 1. Prior Agreements. (a) The Original Set-Back Agreement is terminated and declared to be of no further force and effect, and this Agreement is substituted therefore. (b) The Original Ditch Agreement is terminated and declared to be of no further force and effect, and this Agreement is substituted therefore. 2. Applicability of Agreement. LBDC and LGE each acknowledge that this Agreement shall only apply to the actions and activities of LGE that take place on the Site Location and within two hundred feet (200 ft.) of the Structure ("Setback Area"). This Agreement shall have no applicability with respect to any activities of LGE on any other portion of the Site Location. FL-LBDCAgreement-Sep2004.DOC 2 3. Recognition and Acknowledgement of Non-Exclusive Easement. (a) LGE recognizes the existence of LBDC's historic, non-exclusive, easement ("Easement") across the Site Location, to operate and maintain the Structure, including its appurtenant facilities, in the same manner in which LBDC has historically operated and maintained said Structure, which Easement lies within its historic zone of operation of thirty feet (30 ft.) on either side of the centerline of the existing Structure as shown on the "ALTA/ACSM Land Title Survey, dated 06-14-04, prepared by King Surveyors Inc., for LGE (Project No. 2004082) ("Survey"), a copy of which Survey is attached hereto as Exhibit A and made a part hereof. (b) LBDC acknowledges that its historic Easement to operate and maintain the Structure across the portion of the Site Location shown on the Survey is limited to its historic zone of operation not to exceed thirty feet (30 ft.) on either side of the centerline of the existing Structure as shown on the Survey. (c) LBDC acknowledges that its historic Easement is non-exclusive, and that its use and enjoyment of the Easement may be concurrent with or subject to the rights of all other persons and entities who may also have acquired a legitimate, non-exclusive easement, whether by prescription or otherwise, to use certain portions of the Easement, as evidenced by the existence of electric utility lines adjacent to the Structure, the continuous use of the adjacent common service road by the Applicant and/or other owners of the Property, the owners of the mineral estates of this Property, and the owners of the surface and mineral estates of certain adjoining properties, and each of their respective predecessors in title and each of their respective successors and assigns. (d) Nothing contained in this Agreement is intended or shall be deemed to enlarge the historic, non-exclusive easement of LBDC for the operation and management of the Structure and its appurtenant facilities. Further, nothing in this Agreement shall prohibit or restrict the right of LGE to grant to third parties non-exclusive easement rights to use the area containing the Structure in common with LBDC provided that such use does not unreasonably interfere with the safe and effective operation, maintenance, and access of the Structure by LBDC. 4. Special Definitions. As used in this Agreement, the following terms shall have the following meanings: (a) "Permanent Improvement" shall mean any improvement to the Structure, Easement, and/or Setback Area that is intended to remain in place following completion of all of Applicant's mining and reclamation activities and for which the owner of the Site Location shall, per the terms of this Agreement, have a continuing obligation for the maintenance and continued safety and stability of said improvement. (b) "Non-Permanent Improvement" shall mean any improvement to the Structure, Easement, and/or Setback Area that is intended to remain in place only during the Mining Period and/or Reclamation Period. A Non-Permanent Improvement may be removed at any time, or may be replaced by or approved as a Permanent Improvement at any time. FL-LBDCAgreement-Sep2004.DOC 3 (c) "Mining Operations" shall mean the design, development and permitting of a sand and gravel mine and the testing, sampling, excavation, stockpiling, processing and removal of overburden, sand, gravel, stone and/or aggregate from any portion of the Site Location. (d) "Mining Period" shall mean the period of time that Applicant is conducting actual Mining Operations. Once Mining Operations have ceased on a specific portion of the Site Location, the Mining Period shall be deemed to have ended with respect to such location, notwithstanding that Mining Operations may be continuing on other portions of the Site Location. (e) "Reclamation Activities" shall mean any activities relating to the reclamation of the surface estate in accordance with Applicant's mining permits and applicable law, as the same may be amended from time to time. (f) "Reclamation Period" shall mean, with respect to any specified portion of the Site Location, the period of time from the cessation of the Mining Period until all reclamation activities have been completed on the affected portion of the Site Location in accordance with the terms of Applicant's mining permit, regardless of whether Applicant's bond shall have been fully released. (g) "Post-Reclamation Period" shall mean, with respect to any specified portion of the Site Location, any time following the date that Applicant shall have ceased Mining Operations and completed its Reclamation Activities in accordance with the terms of Applicant's DMG 112 Reclamation Permit, regardless of whether Applicant's bond shall have been fully released. 5. Setback Obligations; Liability for Damage. (a) Applicant hereby assures the Structure Owner and agrees that should any of LGE's Mining Operations or Reclamation Activities adversely affect any portion of the Structure located within the Easement or the Setback Area, the Applicant will repair any such damage to the Structure, or will provide compensation to the Structure Owner for such damage to the Structure. Further, Applicant acknowledges that damages could extend to crop losses should Structure damage prohibit or otherwise limit LBDC from the timely delivery of water to its customers. LGE's liability and obligation under this paragraph shall terminate at the end of the Reclamation Period. (b) In an effort to manage its responsibility and potential liability under this Section, Applicant reserves the right to construct berms, slurry walls and/or spillways within the Easement and/or Setback Area to reduce the potential for damages caused by ditch overflows or wall failures. Applicant agrees, absent of emergency situation, to notify LBDC in writing prior to undertaking specific projects within the Easement, as provided for in Paragraph 9, below. Applicant also acknowledges the requirement to ensure said projects do not violate the provisions of Paragraph 3, above. FL-LBDCAgreement-Sep2004.DOC 4 (c) Notwithstanding any other provision of this Agreement to the contrary, Applicant shall not be liable to LBDC or to LBDC's customers for any damages caused by the gross negligence or willful misconduct of LBDC or its employees, agents or contractors. 6. Applicant's Mining Operations. (a) LBDC recognizes Applicant's full right as the owner and/or lessee of all or any portion of the Site Location to conduct Mining Operations and Reclamation Activities, as well as to use, sell and/or lease the reclaimed Site Location, or portions thereof, for water storage purposes, or any other purposes, subject to the provisions of this Agreement. (b) During the Mining Period, and except as otherwise expressly provided herein, Applicant shall not conduct any future Mining Operations in a manner that results in the crest of the pit being located closer than thirty-three feet (33 ft.) from the current centerline of the LBDC's Structure as specified above. (c) During the Mining Period, and except as otherwise expressly provided herein, Applicant shall establish and maintain any future excavated slopes within the Setback Area in accordance with the engineering design criteria set forth on the Slope Stability Analysis for Fort Lupton Sand and Gravel Mine, dated August 31, 2004, prepared by TetraTech Rocky Mountain Consultants, a copy of which is attached hereto as Exhibit B and made a part hereof. (d) Following completion of Mining Operations and as part of its Reclamation Activities, Applicant shall design and construct final reclaimed slopes within the Setback Area in accordance with the engineering design criteria set forth on Exhibit B, and the owner of the Site Location shall thereafter maintain said slopes and other Permanent Improvements in accordance with the engineering design criteria set forth on Exhibit B. (e) LBDC understands that LGE intends to develop the excavated Site Location into one or more water storage facilities in accordance with the criteria set forth by the Division of Minerals and Geology ("DMG") and by the Office of the State Engineer ("SEO") for the safety and stability of water storage facilities. This Agreement neither permits nor denies the Applicant's intended end use for the Site Location during the Post-Reclamation Period. However, in the event that the owner or operator of the Water Storage Facility shall increase the pumping capacity to allow filling or emptying of the Water Storage Facility at such an accelerated rate that there exists a material risk of deterioration of the established excavated slopes that threatens the safety and stability of the Structure, then the operator or owner of the Water Storage Facility shall make such changes to the excavated slopes as may be reasonably required by the DMG or the SEO in order to ensure that the use and operation of the Structure will not be materially impaired. 7. Crossings and Penetrations. (a) During the Mining Period and Reclamation Period, LGE shall have the right to construct, install and maintain, at its sole cost and expense, crossings over the Structure ("Crossings") and penetrations under the Structure ("Penetrations") in accordance with the requirements of this Section. FL-LBDCAgreement-Sep2004.DOC 5 (b) LGE may install one or more Non-Permanent and/or Permanent Crossings in locations selected by LGE and reasonably acceptable to LBDC, utilizing plans and specifications developed by LGE and reasonably acceptable to LBDC and subject to a $1,500.00 set fee per Crossing (to cover LBDC's engineering, legal, and other review costs). LGE agrees to pay LBDC one lump sum set fee of $1,500.00 to LBDC within 30 days of the effective date of this Agreement for all past Crossings that are now in place. Non-Permanent Crossings used for the passage of trucks and other vehicles relating to LGE's Mining Operations and Reclamation Activities will be removed upon the completion of LGE's Reclamation Activities unless LBDC shall otherwise agree in writing, in which event such Non-Permanent Crossings shall become Permanent Improvements. (c) LGE shall have the right to install one or more Permanent or Non- Permanent Penetrations under the Structure for the passage of water and/or mined materials (for example - via conveyor belt), in locations selected by LGE and utilizing plans and specifications developed by LGE and reasonably acceptable to LBDC. (d) Prior to construction, LGE will prepare and submit plans and specifications ("Plans") for the construction and installation of any Crossing or Penetration to LBDC for its review. Such Plans shall be deemed approved by LBDC unless specific written objections are received by LGE within thirty (30) days following submittal to LBDC. If written objections are received, LGE and LBDC agree to work together in good faith to resolve such objections to the reasonable satisfaction of each party. (e) During the Post-Reclamation Period, it may become necessary or desirable for the owner or operator of the water storage facilities to install one or more Crossings or Penetrations. Such owner or operator of the water storage facility shall be responsible for the continued maintenance of any Penetrations which shall remain as part of the water storage facility after the Mining and Reclamation Periods. LBDC is not responsible or liable for maintenance of said Penetrations. 8. Engineering Design and Construction Standards. (a) Exhibit B attached to this Agreement is the Slope Stability Analysis for Fort Lupton Sand and Gravel Mine, dated August 31, 2004, and prepared by TetraTech Rocky Mountain Consultants ("Analysis"). The Analysis has been reviewed, approved and accepted by both LGE and LBDC for future work within the Setback Area. LGE will reconstruct the existing and preexisting excavated slopes lying within the Setback Area to meet the minimum standards set forth in the Analysis before the end of the Reclamation Period. To the best of their knowledge, both parties understand and agree that the existing and preexisting excavated slopes lying within the Setback Area are safe and meet all governmental standards applicable thereto, and that immediate reconstruction is not necessary. Until such time as the existing and preexisting excavated slopes lying within the Setback Area have been reclaimed in accordance with the governmental standards set forth in the Analysis, LGE assumes all liability for any damage to the Structure as provided in Paragraph 5 above. 9. Changes to Engineering Requirements; Notification. FL-LBDCAgreemenl-Sep2004.DOC 6 LBDC understands and acknowledges that both the State of Colorado, acting through the Office of the State Engineer ("SEO") and the Division of Minerals and Geology ("DMG"), as well as Weld County, may change the requirements applicable to the Mining Operations, Reclamation Activities, Crossings, Penetrations, development and operation of a Water Storage Facility, or other matters applicable to the use and development of the Site Location from time to time, or that LGE may need to make certain changes to the terms and conditions of its mining and water storage permits from time to time in order to take into account changed physical or economic circumstances. In the event that any such required or desired changes may impact the Structure or the obligations of LGE within the Setback Area, LGE will provide prior written notification to LBDC and provide information explaining the basis for the requested change, whether the requested change would be permanent or non- permanent, and reasonable engineering design for the requested change. LBDC agrees to evaluate each proposed change in good faith and to work together with LGE to implement the proposed change on terms and conditions reasonably acceptable to both parties. 10. Miscellaneous Provisions. (a) Notices and Addresses. All notices required under this Agreement shall be effective (i) upon delivery if personally delivered, or (ii) if mailed, then on the third business day following deposit in the United States Mail, postage prepaid, sent certified or registered, return receipt requested, and addressed to the proper party, at the following addresses: If to LBDC: Lupton Bottom Ditch Company c/o Mr. Gene Wagner, President 9990 Weld County Rd 23 Fort Lupton, Colorado 80621 If to LGE: L. G. Everist, Inc. 7321 E. 88th Avenue Street Henderson, Colorado 80640 Attention: Dennis Fields, Division Manager With a copy to: Gorsuch Kirgis LLP Tower 1, Suite 1000 1515 Arapahoe Street Denver, Colorado 80202 Attention: Curtis K. Matuna, Esq. Fax: (303) 376-5001 And a copy to: Carrie L. Ciliberto, Esq. and Associates, LLC 1660 Lincoln Street, Suite 1700 Denver, Colorado 80264 FL-LBDCAgreement-Sep2004.DOC 7 Either party may change the address to which notices are to be sent it by giving the other party notice of the new address in the manner provided in this section. (b) Severability. Each of the provisions of this Agreement shall be deemed independent and severable. If any provision of this Agreement or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this Agreement, which shall be given effect without the invalid provisions or applications. (c) Term of Agreement; Runs With Land. The covenants, conditions and restrictions of this Agreement shall constitute covenants running with the land, equitable servitudes and administrative regulations governing the Site Location, in perpetuity. (d) Amendment. Any provision, covenant, condition, restriction or equitable servitude contained in this Agreement may be amended at any time by written agreement signed by each of the parties hereto. (e) Captions. All captions and titles used in this Agreement are intended solely for convenience of reference and shall not enlarge, limit or otherwise affect that which is set forth in any paragraph, section or article hereof. (I) Colorado Law to Apply; Jurisdiction and Venue. This Agreement is intended to be performed in the State of Colorado and shall be construed under and interpreted in accordance with the laws and judicial decisions of the State of Colorado, without giving effect to principles of conflicts of laws. In the event of any dispute hereunder, the parties consent to the jurisdiction of the Colorado courts located in either Weld or Adams County, Colorado, and agree that venue in any such courts shall be proper. (g) Attorneys' Fees and Costs. In the event of any dispute under this Agreement, and in addition to any other relief to which the prevailing party may be entitled as part of an arbitration award, the non-prevailing party shall pay the prevailing party its reasonable attorneys' fees and costs incurred in the enforcement the Agreement. (h) Singular Includes the Plural. Unless the context otherwise requires, the singular shall include the plural, and the plural shall include the singular, and each gender referral shall be deemed to include the masculine, feminine and neuter. (i) Non-Waiver. Any forbearance or failure to enforce any provisions of this Agreement shall not operate as a waiver of any such provision or of any other provision of this Agreement or of any subsequent enforcement of such provision. (j) Authority To Execute. Each of the individuals executing this Agreement in a representative capacity as trustee or otherwise represent and warrant that they have full power and authority to execute this instrument on behalf of such trust or entity, all such power and authority having been conferred upon them by either the terms of, or by such action as may be required under, the trust instrument or other constituent document governing the same. FL-LBDCAgreement-Sep2004.DOC 8 (k) Counterparts. This Agreement may be executed in counterparts, each of which shall be an original document and all of which, when taken together, shall constitute a single agreement. (1) Recording. This Agreement may be recorded in the real estate records of Weld County, Colorado. FL-LBDCAgreement-Sep2004.DOC 9 The notarized signatures of the Structure Owner Representative and the Applicant Representative confirm the Agreement between the parties and the repair/compensation obligation of the Applicant as stated above. IN WITN�,,SS WHEREOF, the parties have executed this Agreement effective as of the cj day oft, 1 .k/m.Q.tl t) , 2004. Agreed by the Applicant: L. G. EVERIST, INC. Signature of Representative for L. G. Everist, Inc. Date r.e wr:5 F,e ids 0. %7 yit/n. ,—w. Name and Title (please print) State of Colorado ) )ss County of nra(Y15 ) e foregoi g instrument was acknowledged before me on this ,r; `f day of < , 2004, by the signatory Representative above. Witness my hand and official seal, to PG® / Notary '�blit�� ' r��,,:�� ;� �- My Commission Expires. �•C7i ll'ot. i 0� t'�FOF COOj. My Camrassbn Expires Jan.22,2008 FL-LBDCAgreement-Sep2004.DOC 1 0 Agreed by the Structure Owner: LUPTON BOTTOM DITCH COMPANY 1 c:� 4tiY. Z3 Sep 04- Signature of Representative'or Lupton Bottom Ditch Company Date (.7.1-NC �l hGNtlz Name and Title (please print) State of Colorado ) )ss County of ) e foregoing instrument was acknowledged before me on this a3 day of I�LUlJ , 2004, by the signatory Representative above. Witness my hand and official seal, •L tNotary S Mk: , My Commission Expires. cQ. MAO r CONVERSE ; .II�\\(OF CO __ My Cammisston Expires Jan.V,zoa FL-LBDCAgreement-Sep2004.DOC 11 EXHIBIT A Survey FL-LBDCAgreement-Sep2004.DOC 12 EXHIBIT B TetraTech Analysis FL-LBDCAgreement-Sep2004.DOC 13 L L.G. EVERIST, INC ,_�■ MOUNTAIN DIVISION OFFICE �■ 7321 E.88TH AVENUE•SUITE 200 HENDERSON,COLORADO 80640 Rock Solid Since 1876 ao3-z83-289- FAX 303-28 dba Andesite Rock Company CORPORATE OFFICE 300 S.PHILLIPS AVE.•SUITE 200 P.O.BOX 5829 October 7, 2004 SIOUX FALLS,SD 57117-5829 PHONE 605-334-5000 FAX 605-334-3656 Mr. Kim Ogle Mr. Donald Carroll Weld County Planning and Zoning Weld County Public Works Department 918 10th Street P.O. Box 758 Greeley, CO 80631 Greeley, CO 80632 Sent via mail and facsimile: Planning(970) 304-6498 and Public Works(970) 304-6497 Re: AmUSR-1255, L. G. Everist, Inc., Fort Lupton Sand and Gravel Mine Additional Information on existing permit Dear Mr. Ogle and Mr. Carroll: As per request, we are submitting additional information taken from our existing permit to"fill in the blank" on any sections in the amendment application that were noted as"No change from existing permit." From the amendment application, Section 5.0 Questionnaire, Question 8. Other Details-the following questions were answered as"no change." Please see the information from the existing permit: b. Hours of Operation No change from existing permitted hours. r The hours of operation from the existing permit are as follows: The following hours are for 6 days per week, Monday through Saturday: 6 am -8 pm for sand and gravel mining and processing 5 am - 5 pm for concrete and asphalt batching 6 am - 5 pm for truck hauling to and from the site 6 am - 12 am (midnight) for maintenance and repairs An exception to the hours is noted in Development Standard#30, "Hours of operation may be extended to 24 hours per day with specific permission from the Weld County Board of County Commissioners at a regular business meeting." d. Vehicle type and access schedule No change from existing permit. Please see complete traffic section below. h. Storage and Warehousing No change from existing permit. The storage and warehousing from the existing permit are as follows: none. n. Method and schedule for removal of wastes No change from existing permit. From the existing permit USR questionnaire, Question 10, "Explain where storage and/or stockpile of wastes will occur on this site: none." We have contracted with Waste Management for standard trash removal and port-a-potty cleaning/waste removal. They come on a weekly schedule. LM/FL-USRAddlnfo-weldKO&DC-100704.doc 1 Mr. Kim Ogle and Mr. Donald Carroll Weld County Planning and Zoning and Public Works Departments From the amendment application, Section 6.0 Road Access Information. As per request, information from the existing permit to fill in the blank and for ease of review: Access Point(s) - Existinq/approved: L. G. Everist, Inc. (LGE) currently accesses CR18 approximately 2,100 feet east of CR25. - Proposed: Truck traffic will exit the amended site at one of three locations on County Road 18, east of County Road 25. Existing Access A is located approximately 2,100 feet east of CR25. Proposed Access B is approximately 1,500 feet east of CR25, and proposed Access C is approximately 800 feet east of CR25. Only one access will be open to commercial traffic at any given time. The proposed access points are shown on the Extraction Plan Map. Haul Route - Existing/approved: As per our Long-Term Road Maintenance and Improvements Agreement, the westbound route is "out of the Everist Fort Lupton operation main entrance, west on Weld County Road 18 to WCR 23." The eastbound route is"out of the Everist Fort Lupton operation main entrance, east on Weld County Road 18 to United States Highway (US) 85." As per our Traffic Study, dated May 2000, conducted by LSC Transportation Consultants, Inc. (and reiterated in the April 20, 2004 letter from LSC included in the amendment application) - most of the traffic is oriented to the east on WCR 18, with 75% of the traffic oriented to the south on 85, and 23% of the traffic oriented to the north on 85. The remaining 2% of traffic is oriented to the west on WCR 18. - Proposed: No change, except for the main entrance/access point-see Access Point(s) above. Truck Types - Existinq/approved: Aggregate trucks - both 85,000 pound tractor-trailers and 55,000 pound tandems. Concrete mixers, and asphalt trucks (tandems) are also used. Of course there are also a few delivery trucks, and employee and visitor vehicles. - Proposed: No change. Truck Counts - Existinq/approved: As per our Traffic Study, dated May 2000, conducted by LSC, the peak-day, peak-season trips are as follows: 324 peak-day vehicle trips (162 entering and 162 exiting) including 284 truck trips and 40 passenger vehicle and pick-up trips. - Proposed: No change. As stated in the amendment application, there will not be an increase in truck traffic or average annual production (500,000 tons per year). Road Improvements - Existing/approved: LGE has an existing Long-Term Road Maintenance and Improvements Agreement with Weld County, which was signed and approved on February 28, 2001. The Agreement required improvements to the intersection of WCR 18 and US Highway 85, as per the LSC Traffic Study. The improvements have been completed, and are the AC/DC lanes on US 85, and the paving of the first 100 feet of the mine access road. - Proposed: Each new mine access point(proposed Access Points B and C) will be paved for the first 100 feet, and shall be constructed to accommodate heavy truck traffic in order to protect any underlying utility lines and pipelines which are located in the Weld County Road right-of-way. If you need any other additional information, or would like a copy of the LSC Traffic Study, please feel free to contact me at 303-286-2247, or by email at lemayer@Igeverist.com. Sin erely, ayer R ulatory Marlal. cc: Mr. Dennis Fields, L. G. Everist, Inc. Ms. Maureen Jacoby, Banks and Gesso LM/FL-USRAddlnfo-weldKO&DC-100704.doc 2 10/08/04 16:48 FAX 3032891348 L G EVERIST 2]001 L. G. EVERIST, INC. 7321 E.88TH AVENUE,SUITE 200 HEN ERSON CO 80640 telephone 303-287-4656 dba ANDESITE ROCK COMPANY facsimile 303.289-1348 DATE a4g9'/� ,,,r t/ ,J ('W PAGES cover+ 17/ 1jt� - TO kti /,��p !,�V V . FAX 970_ joy_ 64/9k p lacCC ---- FAX FROM LYNN MAYER, phone-303.286-22247 lemayer®lgeverist.com / 5 C ACTION ❑ Urgent ❑ Review ❑ Reply O Other JUSA- tK CAC —1111A dDPI*i- -hi c C yy In. -►A . 1 sJb> t Cie b/t4 Glad r� v erg 4-1\C0V 484,4144._ -16r- ikt cOtihrL, /1/22/20 -7t6d, wr ,„ a -Cc- Ins 41 Grua,- da��h� per- Ciro +r47 , t.M/FAX-cove rsheet.doc 10/08/04 18.48 FAX 3032891348 L G EVERIST 1003 • OCT-04-2004 MON 09 10 AN BANKS AND GESSO LLO FAX NO. 303 274 8329 P. 01 • STATE OF COLORADO .31VISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman Si.,Room 215 nCOLORADO o Denver,Colorado 80203 -- --' —' DIVISI0N0 F Phone:(3031 866.3567 L SFAX:(303)832-8706Post-its Fax Note 7671 Data ifi 'Aga 7mmyse Froma/c cc* G YCo/DeW- I /I - Co p ,' CE September 30,2004 PI1d 3_3$7-s/e57p ° aw 1.03--, 7+/- '7/4)77 BEI Owens F""*3o3-ag9- 134& Fe ssoa—aly-g3a, Governor Mr. Paul Gesso Coarse Banks&Gesso, LLC Executive Director 720 Kipling St., Ste. 117 Ronald W.Catrny Lakewood , CO 80215 Division Director Natural Resource Trmlee Re: L.G. Everist, Inc.; Ft.- Lupton Sand •and -Gravel--Mine, Permit No. IVE-1999-•-IZ0, -Receipt of 112 Construction Materials Reclamation Permit Amendment Application Package,Revision No.AM- 1 Dear Mr. Gesso: On September 30, 2004, the Division of Minerals and Geology rereviewed the 112 Construction Materials Reclamation Permit Amendment Application package for the L.G. Everist, Inc., Ft. Lupton Sand and Gravel Mine, Permit No. M-1999-120. Preliminary review of the information received determined that the following items must be received before t the Division can consider your application as being submitted and technical review can begin_ FXHI RIT N - Snorer-of T pget Right to Enter(Rota 6 4.14)• You must provide the source of your legal right to enter and initiate a mining Operation on the affected land. The copy of the statement from T.L./R.M. Golden Properties was not signed in front of a Notary Public. Your application will not be considered submitted until the information listed above is received and found sufficient to begin our review. A decision date will be established 90 days from the date of receipt of all of the requested information. Additionally, if you have already published notice you will need to republish notice, after the Division considers the application submitted. This notice must be published once a week for four (4) consecutive weeks, starting within ten (10) days of the date your application is considered submitted. We will notify you when you should initiate republication of your notice. The final date for receiving comments is the 20th day after the fourth publication or the next regular business day. You have sixty (60)days front the above date to submit all necessary documents that the Office needs for an application to be considered filed, If, at the end of the sixty day period, the application has not been determined to be filed with the Office,the Office shall deny the application and terminate the application file. This letter shall not be construe]to moan that there are no other technical deficiencies in your application. The Division will review your application to determine whether it is adequate to meet the requirements of the Act after submittal of all required itmns. Sincerely, velt&tm_.k. C-442004744_ Barbara D. Chiappone Minerals Division Program Assistant A Office of Off Ice of Colorado Mined Land Reclamation Active and Inactive Mines Geological Survey 10/08/04 16:49 FAX 3032891348 L G EVERI ST 004 EXHIBIT "A" PERMISSION TO ENTER, MINE AND RECLAIM I/we the undersigned Owner(s)of certain real estate located Weld County,Colorado("Property"),hereby grant L.G. Everist,Inc. (hereinafter referred to as the"Applicant/Operator")permission to enter and initiate permitting,exploration, mining,and reclamation activities on the Property described below and made part of the Colorado Division of Minerals and Geology Regular 112 Mining and Reclamation Permit application described below. While the undersigned owner(s)give permission to include the property in the application, this agreement shall not be construed as an express or implied contract to sell or to lease the property. The aforementioned Property is composed of the following two parcels of legally described real estate and is comprised of 34.79 acres,more or less: Weld County Parcel No. 130930000068: That part of Lot 6,which is located in the SW1/4 of the NE 1/4 of Sec. 30,T2N,R66W, 6th PM, Weld County,Colorado, according to the Lupton Meadows Land Company Map of Division No. 3,recorded June 12, 1909, lying west of the centerline of the South Platte River, said centerline described as beginning on the S line of Lot 6 at a distance of 610'E of the SW corner of Lot 6 N33D54'E 190' N59D29'E 470'N50D29'i33 262.17'to E line of Lot 6,except that part of the N 1/2 of Sec.30,T2N,R66W described in Book 804,Reception No. 1726470(2.50 acres,more or less)and Reception No. 1726471 (2.36 acres,more or less);also except beginning 2.5'N and 4.5' E of the center point of said Sec. 30,thence N by NE on a straight line a distance of 1325' more or less to a point 36.2' E of the NE comer of the S 'L of the NW''A of said Sec. 30,thence W 36.2'to the said NE corner,thence S on the E section line of the S ' of the NW Y, of said Sec. 30 a distance of 1325'more or less,to a point on the said section line 2.5' N of the center point of said Section 30,thence E a distance of 4.5' more or less to the point of true beginning, consisting of approximately 29.93 acres,more or less. Weld County Parcel No. 130930000051: That part of Lot 6,which is located in the SW1/4 1/4 of the NE 1/4 of Sec. _ 30,T2N,R66W,6's PM,Weld County,Colorado, according to the Lupton Meadows Land Company Map of Division No. 3,recorded June 12, 1909,which is described in Book 804,Reception Nv. 1726470 (2.50 acres,more or less)and Reception No. 1726471 (2.36 acres,more or less)and described as gravel pits, consisting of approximately 4.86 acres,more or less. The aforementioned Regular 112 Mining and Reclamation Permit is for the following site: Fort Lupton Sand and Gravel Mine,Pc t No. M-1999-120,and any su ments N N-6atf>*l.ttilv+t6Ee £L-Bnt 601499 NRItefi 'ROBI+J Nam f Ow er(prince Sig-nature Date Signed 0 `1 Name o Owner(printed) Signature Date Signed _ • (.- - l70 Laic' State of Colorado ) ' .l ss ) County of LV a � � This foregoing instrument was acknowledged before me this 1" day of Da, 2004, by signatory Owner above as Rprb n 1 y\ 6 erkdtsn and 0 L : ., whose address is 2431 Eagleview Circle, Longmont, CO :0504-7315. p,NN /N. .. u tkOTARp t Notary Public My Commission expires: _'_j PIIBLuC e 15Z-. My Commission Expires Jag 28.2007 J0/08/04 18:49 FAX 3032891348 L G EVERI ST al 005 • L.G. EVERIST, INC. I'i MOUNTAIN DIVISION OFFICE 7321 E.88TH AVENUE•SUITE 200 w I HENDERSON,COLORADO 80640 Rock Solid Since 1876 �p 303-287-9606 FAX 303-269.1345 dba Andesite Rock Company �R4 CORPORATE OFFICE 300 S.PHILLIPS AVE.•SUITE 200 P.O.BOX 5629 SIOUX FALLS,SD 57117.5829 PHONE 605-334.5000 FAX 605-334-3656 October 7, 2004 Barbara Chiappone -tA1�R I DI816L/ Division of Minerals and Geology r� Department of Natural Resources fq ,ti4 1313 Sherman Street, Room 215 Denver, CO 80203 ,,iju) Co. W Sent via mail and facsimile: 303- 832-8106 RE: L. G. Everist, Inc. Fort Lupton Sand and Gravel Mine Additional information for Amendment Application to DMG permit M-1999-120 Dear Ms. Chiappone: As requested in your letter dated September 30, 2004, attached is a notarized statement to complete Exhibit N -Source of Legal Right to Enter, for the I.L./R.M. Golden Properties. Also attached is the Weld County Clerk to the Board's Acknowledgement of Receipt of Materials, showing that Weld County has received a copy. If you have any questions, please feel free to call me at 303-286-2247. Thanks! Sincerel , Lynn E. yer Regulat Manager cc: Dennis Fields, L. G. Everist, Inc. Maureen Jacoby, Banks and Gesso • LM/FL-Golden LegalEntryd m gbc-100704.doc 10/08/04 16:48 FAX 3032891348 L G EVERIST Z002 OCT-08-2004 FRI 01 :48 PM WELD CO GOVT FAX NO. 9703520242 P. 01 - 10/07/04 13:44 FAX, ao3Ygm.013 L G El/EXIST IA 001 /--. Le 13, EVERIST, 1NVa 7321>w es" ,CASTE 200 mENSERSON,CO CO 80 80eA0 telephone aces eete db1N ANDESITE ROI3K COMPANY fay* 303.289-1348 PATE October 7,2004 PAGES covert 3 Weld County Cie t tc the Board • TO 915 10'street.3" Floor FAX 970-352-0242 Greeley,Co 8041:.1 FROM LYNN MAYER, Regulatory Manager, phone-303-286-2247, lemayer@tgeverist.com RE Acknowledgem n of Receipt of Materials ww AcTioN I Urgent ".f: Raylew • Reply C Other RE: L.O.Everitt,Inc.Fan Lupton Sand and Gravel Mine-Additional Information for Amendment Application to DMG;emit M.I999.120(corresponds to Weld County USR 1266) To Weld County Clerk to the Br., rd: The Colorado Division of Minemliis and Geology(DMG)requires that changes and addalons to aDMG permit application must tea sled also'a lit the County Clerk and Recorder. The applicant moat provide the DMG with an affidavit or receipt demonstrali r,y that the change or addition was filed with the County Clerk and Recorder no later than the plow of busines II en the day the change was tiled with the DMG. Please acknowledge that you rave received and placed on public display a copy of the following: - Letter from DMG to Sankt;sand Gesso/LGE dated 9/30/04,requesting a completed Exhibit N, Source of Legal Right to Enter. (1 page) - The completed Exhibit N, ra Olif00 of Legal Right to Enter,for the I,L./R.M.Golden Properties. (1 page) Cover letter from LGE to 1::rAG submitting this Information. (1 page) Thank you in advance for etch r 0wiedging the receipt of this Information. Slated by Weld County perk 40 the Board: ce r 2— /0/i� 6/ Data c.. ! eA Name(please print) / Please FAX this acknowleclr;;ment back today to Lynn Meyer at fax number 303-289-1349. Thank You. NOTE: After acknowledgamr,nt is returned to applicant by Weld County,applicant will fax a copy to: Division of Minerals It id Geology, Fax number 303-6324106. LMWb4dGoClarkAckofROCCO teloa Hello