HomeMy WebLinkAbout20051349.tiff Weld C .._.., P1inni"
LONGMONT OFFICE
DEPARTMENT OF PLANNING SERVICES AUG 17 2004
1555 N. 17th Avenue, Greeley, Colorado 80631
Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498AAPIicalibT Submitted Not De.
USE BY SPECIAL REVIEW(MINING OPERATION)APPLICATION REC E lVL_
FOR THE DEPARTMENT OF PLANNING SERVICES USE ONLY v
Application Fee Receipt Number Case Number
Recording Fee Receipt Number Zoning District
Application Checked By: Planner Assigned to Case
To be completed by APPLICANT is accordance with procedural guide requirements:
1. I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission
concerning a proposed GRAVEL (gravel, coal, borrow pit, etc.) mining operation for the
following described unincorporated area of Weld County:
LEGAL DESCRIPTION:
PARCEL NUMBER: 1 3 1 3 3 2 3 0 0 0 4 0 (12 digit number-found on Tax I.D. Information or
obtained at the Assessor's Office).
2. Surface owner(s) of area of land described
JOHN FILE,FARFRUMWURKIN, LLLP eaoo` EUo r'n`IP
o (303)404-3225
Name: Address: Phone:
KENNETH&JUDITH SCHELL Address: Ms.=.Name: Phone:
3. Owner(s) of mineral rights or substance to be mined
Name: JOHN FILE,FARFRUMWURKIN,LLLP Address: ewe ego coeoom Phone: (303)404-3225
Name: KENNETH&JUDITH SCHELL Address: F4,=-n'"cnnn,o Phone:
4. Source of applicant's legal right to enter and to mine on the Tana aescnoed:
(Include certified copy of any document(s) noted
5. Applicant's address: JOHN FILE,FARFRUMWURKIN, LLLP Phone: (303)404-3225
Address: 1163 OAKHURST DR.,BROOMFIELD,CO 80020 Phone:
6. Identify any prior permits for mining held by applicant or affiliated person:
DMG 111 PERMIT M-2003-060
pin & ;le) Pi-2663 -0`/C /`�'
7. Description of Operation
A. Types and number of operating and processing equipment to be used
TWO(2)SCRAPERS,ONE(1)BULLDOZER,ONE(1)LOADER,TEN(10)25-TON BELLY DUMPS
ONE(1)CRUSHER,ONE(1)WASH PLANT
B. Maximum number of employees: 15 , and number of shifts: 1
C. Number of stages to be worked: 12 , and periods of time each is to be worked
APPROXIMATELY 6 MONTHS
EXHIBIT
2005-1349 I ca
D. Thickness of mineral deposit -12.5 feet, and thickness of the overburden: -11 FEET
E. This will be a wet/dry pit operation. DRY
F. Site entrance/exit points and County roads and bridges to be utilized between site and delivery
point(s)(must be coordinated with County Engineer) SITE ACCESS IS }MILE NORTH OF THE
INTERSECTION OF WCR 3} WITH SH 52. THE OPERATION WILL UTILIZE }MILE OF WCR 3 u TO TRANSPORT
LOADS.
8. Description of reclamation
A. Proposed reclamation land use(s): DEVELOPED WATER RESOURCE
B. Source of technical advise for reclamation:WEILAND.INC.(CONSULTING ENGINEERS)
C. Explanation of Reclamation Process:MINED EXCAVATION WILL BE LINED WITH COMPACTED CLAY AND
UTILIZED TO STORE WATER.
I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted
with or contained within this application are true and correct to the best of my knowledge.
()Inv,
ure: Owner Authorized Agent
d-S,. 1/nl/1J
Rev: 1-27.97
r^
FILE PIT 112
USE BY SPECIAL REVIEW PERMIT APPLICATION
WELD COUNTY, COLORADO
TABLE OF CONTENTS
Use by Special Review (Mining Operation) Application
Special Review Plat Map (24" x 36")
Use by Special Review Questionnaire
Weld County Road Access Information Sheet
APPENDIX
Special Review Plat Map (8.5" x 11")
Road Impact Fee Assessment
Evidence of Adequate Water Supply
Special Warranty Deed
Soils Report
Affidavit and Certified List of Surface Owners
Affidavit and Certified List of Subsurface or Mineral Owners
Division of Minerals and Geology, Regular(112) Permit Application
Weld County Planning Department
918 10th Street
Greeley, CO 80631
Attention: Jacqueline Hatch
Affidavit for Kenneth Schell to sign on behalf of Judith Schell
I, Judith Schell, hereby give permission to Kenneth to sign on my behalf for the
application for a gravel pit and Use by Special Review for our property located in Section
31 2N 68W.
cif
di�l
833 Highway 52
Erie, CO 80516
(303) 828-3339
The oregoing instrument was acknowledged before me this day ofaix,;F-, 2004
bye d l V
i `CA LFO';,4.
=Q N
tart'P c OTAgyigt
My co mission expires: ,y)
USE BY SPECIAL REVIEW QUESTIONNAIRE
Farfrumwurkin LLLP-File Pit
The following questions are to be answered and submitted as part of the USR application. If a
question does not pertain to your use, please respond with "not applicable", with an explanation as to
why the question is not applicable.
1. Explain, in detail, the proposed use of the property.
The property will be used as a gravel mining operation. The proposed mining will extract
construction materials (sand and gravel)for a variety of roadway construction projects and
concrete construction projects in the local area.
Material will be hauled offsite, as needed with the haul trucks utilizing WCR 3 % to transport
material south to SH 52. SH 52 is the most accessible route east, to 125 or west, to County
Line Road. Haul traffic is expected to be in the range of 70-80 trucks per day. Material
extraction is expected to occur over a period of approximately 6 years. Reclamation of the
site will be concurrent with the mining operations with the mine pit being lined with
compacted, low permeability soils and used after mine closure as a water storage facility.
Other parts of the permitted mine area will be developed for residential housing.
2. Explain how this proposal is consistent with the intent of the"Weld County Comprehensive
Plan".
The proposed development of the File Gravel Pit meets the goals and policies required of an
industrial development in Weld County outlined in Section 22-2-150 of the Comprehensive
Plan. The applicant's development is oriented toward supplying construction material
(gravel)for local projects that are likely to benefit Weld County and the surrounding area's
economies. The applicant's plan will encourage an expansion of the County's industrial
economic base and help to achieve a well-balanced, diversified industrial sector for Weld
County by contributing to the tax base and providing job opportunities for County citizens.
The applicant believes that adequate roadway facilities are in place or are easily obtainable
to accommodate the proposed mining operation. The applicant has filed with State of
Colorado Division of Minerals and Geology (DMG) in an effort to meet the required state
standards for mining operations. The applicant believes that the proposed operation will be
compatible with surrounding land uses near the intersection of SH 52 and WCR 3 % and has
determined a road impact fee based on daily usage of the% mile stretch of WCR 3 %that will
be utilized to access the site. The property owner believes it has developed an appropriate
plan that will preserve the land and minimize industrial impacts while demonstrating a
responsibility of ownership.
Other land in the local area is being used for similar gravel mining operations. The Turnpike
Mining Resource has operated for several years at a location directly west of the proposed
site and Lafarge is operating a mining facility northeast of the proposed site. The presence of
these sites, show a similarity of land use that is encouraged by Weld County Planning and
Zoning. Although mining at the proposed site will occur over the course of approximately six
(6)years, the site's mining will be a temporary use of the land. When the proposed mine area
is no longer a viable producer of construction materials, the mine will be closed and
reclaimed for water storage. -
Use by Special Review Questionnaire
Farfrumwurkin LLLP-File Pit 112
Page 1 of 5
3. Explain how this proposal is consistent with the intent of the Weld County Zoning Ordinance
and the zone district in which it is located.
The proposed site and surrounding property is currently designated "A(agricultural)Zone
District". The development of the proposed gravel operation follows the rules, guidelines, and
requirements set forth by Weld County with the intention to minimize the impact on
surrounding nonindustrial land uses and to prevent detrimental impacts that may negatively
affect the future use or development of adjacent properties or the general neighborhood as
defined in Chapter 22 of the Weld County Code. The proposed open pit gravel mining
operation plan also follows all provisions set forth in Article IV, Division 4 Open Mining, of
Chapter 23 to acquire its Special Review Permit for operation. Adjacent properties are
currently zoned agricultural with two PUD's located approximately% mile north of the
proposed site. The majority of adjacent properties are buffered by land surrounding the
proposed site. The site should be considered a temporary industrial site that will be
reclaimed to a use both beneficial and sensitive to the natural patterns of growth in the area.
4. What type of uses surround the site? Explain how the proposed use is consistent and
compatible with surrounding land uses.
Land uses vary surrounding the proposed site. The Turnpike Pit gravel mining operation is
located to the west of the proposed site and has historically mined gravel since the 1970's.
The Turnpike Pit operation is roughly 275 acres in area. The Lafarge Pit gravel mining
operation is located northeast of the proposed site on WCR 3 %. Lafarge is working the 57-
acre Shaw property(parcel#131329000076, See the Site Vicinity and Parcel Ownership
Map). Two PUD's are located adjacent to the Lafarge operation, directly north of the
proposed site on WCR 3 %. The land use to the east is mainly agricultural, while south of the
proposed site; single-family residences occupy most of the parcels. The residences are
generally located south of SH 52 and are buffered from proposed mining activity by a ''/ mile
wide strip of agricultural land north of SH 52 and south of the proposed site.
5. Describe, in detail, the following:
a. How many people will use this site?
The site is restricted to the gravel pit operation and its employees.
b. How many employees are proposed to be employed at this site?
The site will employ 10-15 people mainly as equipment operators or truck drivers, but
the site will also require a foreman and a person to man the weigh station.
c. What are the hours of operation?
The hours of operation will be 8:00 AM to 5:00 PM, Monday through Friday.
d. What type and how many structures will be erected (built)on this site?
The only structure required for this operation is a small office/weigh station housing
the instrumentation necessary to weigh and document the quantity of construction
materials leaving the site.
Use by Special Review Questionnaire
Farfrumwurkin II!?-File Pit 112
Page 2 of 5
e. What type and how many animals, if any will be on this site?
Not applicable, there are no animals associated with the proposed operation.
f. What kind (type, size, weight)of vehicles will access this site and how often?
The mining operation will use earthmoving equipment to work the site area. Two(2)
68-ton scrapers comparable to a Cat 627G and one (1)54-ton bulldozer comparable
to a Cat D9R will be utilized to move material on site. A loader comparable to a Cat
938G with an operating weight of 15-tons will be utilized to load trucks and a fleet of
18-wheel, semi-trailer trucks with 25-ton capacity will haul the construction materials
off site.
g. Who will provide fire protection to the site?
Not Applicable, earthmoving equipment will have self-contained fire protection in the
way of individual extinguishers. No large structures will be utilized in the mining
operation that will require full-scale fire protection.
h. What is the water source on the property? (Both domestic and irrigation).
A well permit and temporary substitute supply plan will protect local water rights for
the operations of the pit. Irrigation water rights are from the Boulder and Weld
County Ditch and the Lower Boulder Ditch, which cross the proposed site near the
corner of SH 52 and WCR 3 ' .
What is the sewage disposal system on the property? (Existing and proposed).
There is no existing sewage disposal system for the property. Sewage disposal for
the proposed mine site will consist of adequate portable sanitation facilities to
accommodate the daily work force at the site.
j. If storage or warehousing is proposed, what type of items will be stored?
Not applicable, no storage or warehousing is necessary for the operation.
6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted
as a landscape plan map as part of the application submittal.
Topsoil will be stripped from the surface and segregated for later use. Topsoil salvaged from
the existing ground surface of the mining excavation will be placed in designated areas
mining operations. Replacement of topsoil will occur on the top and exterior slopes of the
berm surrounding the pit excavation. Replacement will begin in the northeast corner of the
west pit mining operation and continue in a clockwise fashion around the pit. Topsoil will be
replaced to a depth of 0.25-0.50 feet.
Currently, shortgrass prairie is the existing dominant plant species in this vicinity. At present,
a portion of the area is grazed all year around and the remainder is irrigated cropland. Cover
in the pasture is sparse as a result of the continuous grazing of cattle. The proposed seeding
of areas affected by the mining will establish a thick growth. The recommended seeding
method is by drill.
Use by Special Review Questionnaire
Farfrumwurkin LLLP-File Pit 112
Page 3 of 5
7. Explain any proposed reclamation procedures when termination of the Use by Special
Review activity occurs.
The reclamation plan proposes to line a portion of the mining excavation with compacted
inorganic clay material to create a relatively impervious layer, preventing seepage through
the sides of the excavation. The reclaimed pit will then be used as a reservoir to store water
rights, some of which are owned by the applicant and some of which will be acquired. Side
slopes of the reservoir will be graded at 2H:1 V below natural grade leaving a 58-acre pond
area occupying the proposed mine pit area. Wide berms extending above the existing
ground elevation will be constructed from overburden and raise the top of reservoir elevation
to 4955. The side slopes of the berm above natural grade will be 3H:1 V. Inner slopes will be
lined with compacted clay while the outer slopes of the constructed berm will be topsoiled
and revegetated. Over excavation of the bottom of the south pond will be required to extract
borrow material used to construct the ponds above existing grade and balance the cut/fill for
the project. The bottom of reservoir elevation will be approximately 4916.
The top width of the berm varies over its total length from approximately 368-feet on the east
side of the pond, to 30-feet wide on the north, to roughly 250-feet on the northwest edge of
the proposed pit, to 30-feet wide at the southeast corner of the pit where the berm height
tapers to approximately 2 feet. Stockpiled topsoil will be replaced on the berm and outer side
slopes to a depth of 0.25 to 0.5 ft. The clay-lined portion of the pond will not receive
application of topsoil material.
The vertical extent of the berm above natural grade will impound more than 100 acre-ft of
water in the south lake and therefore, could be determined to be a jurisdictional dam.
Preliminary indications from the state engineers office indicate that the width of the berm may
result in a non-jurisdictional determination. Engineering drawings of the berm will be
submitted to the state engineers office for an official jurisdictional determination. A liner
design will also be submitted to the state engineers office for approval.
8. Explain how the storm water drainage will be handled on the site.
Land surrounding the proposed mine excavation will be graded to direct storm water away
from the pit. The surface runoff will be captured by existing roadside and railroad ditches and
conveyed as it has been historically. There will be no increase in the peak runoff quantity, a
shortened time to peak runoff, or increase in the volume of runoff as a result of mining
operations at the site.
Dewatering trenches inside the excavation will be dug to facilitate dry mining as shown in
Exhibit C—Mining Plan. Groundwater was encountered at a depth of approximately 7-8 feet
during soil boring operations. Dewatering trenches will capture groundwater seepage as well
as excess precipitation entering the excavation and move it away from working areas. The
operation will rely upon seepage and evaporation to eliminate excess water accumulation in
the excavation. There are no groundwater pumping wells, creeks, or other significant bodies
of water in close proximity to the permitted mine area that will be affected by the mining
operation.
9. Explain how long it will take to construct this site and when construction and landscaping is
scheduled to begin.
It is anticipated that mining at the proposed site will occur over a period of approximately 6
years. Construction of finished grade slopes for the storage pond as well as construction of a
Use by Special Review Questionnaire
Farfrumwurkin LLLP-File Pit 112
Page 4 of 5
compacted clay liner will proceed as mining continues. Application of topsoil to finished
areas and seeding and mulching of the finished reservoir berms will occur concurrently with
the mining operation.
10. Explain where storage and/or stockpile of wastes will occur on this site.
Stockpiling of stripped topsoil and overburden material will be necessary prior to mining of the
underlying gravels. Topsoil will be used during reclamation procedures at the proposed
mine, so topsoil stripped from the mine will be stockpiled in areas north or east of the mine
area. Overburden from the initial sequence of operations will be stockpiled in the existing pit
area for use when subsequent mining operations ready an area for reclamation. Because
reclamation at the site will occur concurrently with mining operations, overburden material
from the working face along with stockpiled material will be used to prepare slopes on
previously mined portions of the site. This will minimize the need to further stockpile waste
material at the site.
Use by Special Review Questionnaire
Farfrumwurkin l.I.I.P-File Pit 112
Page5of5
Road File#
RE:
Other Case No.
APPENDIX B
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department Date:
1111 H Street,P.O. Box 758, Greeley,CO 80632
Phone: (970)356-4000,Ext. 3750 Fax: (970)304-6497
1. Applicant Name JOHN FILE, FARFRUMWURKIN, LLLP Phone 303 404-3225
Address 1163 OAKHURST DRIVE City BROOMFIELD State CO Zip 80020
2. Address or location of access
Section 31 & 32 Township 2 NORTH Range 68 WEST
Subdivision Block Lot
Weld County Road # 3 1/4 Side of Road WEST Distance from nearest intersection 1/4 MI.
3. Is there an existing access to the property? Yes X No #of accesses 1
4. Proposed Use:
❑ Permanent ❑ Residential/Agricultural M Industrial
XI Temporary ❑ Subdivision 0 Commercial ❑ Other
5. Site Sketch
A
Legend for Access Description: t'b \
AG= Agricultural i��,-.
RES = Residential ■II�G
O&G= Oil& Gas
'1.R. = Ditch Road
D = House
= Shed RAVEL PIT
ACCESS
r
0.25 MI
4444***************4****************
***********4444********444******4******************4444****************
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
*****4*4****4***************************4*************4**********************44***************44444444***4*
�. ❑ Installation authorized ❑ Information Insufficient
Reviewed By: Title:
m:wpl iles\engineer'access
i-- ROAD IMPACT FEE ASSESSMENT
SPECIAL REVIEW(MINING OPERATION)PERMIT APPLICATION
FILE GRAVEL PIT
Weld County,Colorado
FEE=VMT x NET COSTNMT= $4,880.00
VMT=TRIPS x%NEW x LENGTH/2= 40
TRIPS=MINING RATE/WEIGHT PER TRUCK PER DAY= 160
NET COSTNMT=COSTNMT-CREDITNMT= $122.00
COSTNMT=COSTNMC x VMCNMT= $197.00
Where:
VMT=Vehicle-miles of travel placed on the mahor road system during an average weekday
TRIPS=Average daily trip ends(one way,for roundtrip multiply by 2)
%NEW=Percent of trips that are primary trips,as opposed to pass-by or diverted-link trips
LENGTH=Average lenth of a trip on major road system
12=Avoids double-counting trips for origin and destination
COSTNMC=Average cost to create a new vehicle-mile of capacity(VMC)based on planned improvements in the Road CIP
VMCNMT=The system-wide ratio of capacity to demand in the service area roadway system
CREDITNMT=Revenue credit per VMT,based on%of cost anticipated to be paid with other revenues
Input Data:
EST.TOTAL TONNAGE MINED= 3,000,000 tons
TIME TO MINE= 6 years
LOADITRUCK= 25 tons
WORKING DAYS/YEAR= 250 days
%NEW= 100%
LENGTH= 0.50 miles
'COSTNMC= $197
*VMCNMT= 1.00
'CREDITNMT= ..$75.00
'From"County Wide Road Impact Fee Study for Weld County",by Duncan Associates in association with FHU,Nov,2002.
Jacqueline Hatch
from: Peter Wayland [pwayland@weilandinc.com]
Int: Wednesday, December 15, 2004 7:04 PM
i o: Jacqueline Hatch
Subject: File Pit 112 Water Lease
FGF
Nater Lease File Pit
112.pdf(...
Jacqueline,
We have executed a lease agreement with City of Lafayette for the term of Jan 1, 2005-Dec
31, 2005.
This was submitted to the state engineer this morning and Ioana expects to have the
amended SWSP approval letter tomorrow.
«Water Lease File Pit 112.pdf»
Peter Wayland
Weiland, Inc.
10395 W. Colfax, Suite 350
Lakewood, CO 80215
ph. 303 .436. 0951
fax. 303 .436.0953
r
1
WATER LEASE AGREEMENT
1. Parties. The parties to this Agreement are Farfrumwurkin, 1.i.l.P (hereinafter
referred to as "LESSEE"), and the City of Lafayette, Colorado, acting by and through its Water
Fund Enterprise, (hereinafter referred to as "LAFAYETTE").
2. Recitals and Purpose. Lessee owns and operates a sand and gravel mine in Weld
County that is located in Section 31 and 32, Township 2 North, Range 68 West of the 6th P.M.
Lessee requires water to augment and replace stream depletions associated with sand and gravel
mining operations and the exposure of ground water. Lafayette has determined that it has a
limited amount of surplus reclaimable return flows (i.e. water that Lafayette has the legal right to
reuse and successively use to extinction), that can be leased to Lessee for use in a substitute water
supply plan.
3. Agreement to Lease. In consideration of the covenants and agreements set forth
herein, Lafayette hereby agrees to lease water to Lessee pursuant to the following terms and
conditions:
(a) Water Subject to Lease. Lafayette shall deliver to Coal Creek at a location in the
S 1/2 SE '/a of Section 36, Township 1 North, Range 69 West, 6`s P.M., Boulder
County, Colorado, a total of 22.28 acre feet of water between January 1, 2005 and
December 31, 2005. The delivery of water shall be in accordance with the
following monthly distribution, unless otherwise agreed upon by the parties in
writing: January, 2005 — 1.93 acre feet; February, 2005 — 1.86 acre feet; March,
2005 — 1.78 acre feet; April, 2005 — 1.72 acre feet; May, 2005 — 1.71 acre feet;
June, 2005 — 1.72 acre feet; July, 2005 — 1.76 acre feet; August, 2005 — 1.85 acre
feet; September, 2005 — 1.94 acre feet; October, 2005 -2.00 acre feet;November,
2005 - 2.01 acre feet; and December, 2005 - 2.00 acre feet. The water provided
to Lessee shall be reclaimable return flows available to Lafayette; provided,
however, that Lafayette reserves the right to substitute other fully consumable
water available to Lafayette at its sole discretion as long as the point of delivery of
such substitute water is within six stream miles from the confluence of Coal Creek
and Boulder Creek.
(b) Term. The term of this Water Lease Agreement shall commence on January 1,
2005 and continue through December 31, 2005.
(c) Price. Lessee shall pay Lafayette the sum of TWO-THOUSAND-SEVEN-
HUNDRED TWELVE AND 50/100 DOLLARS ($2,712.50) for the 22.28 acre
feet of water above described. The entire payment shall be made at the time this
Agreement is executed by both parties.
(d) Coordination of Delivery. The rate of delivery will be dependent upon the
reclaimable return flow water supplies that are available to Lafayette on any given
day. Lafayette shall apprise the Water Commissioner when water is being
released to the stream system for Lessee's benefit. Lafayette will also keep a
record of the days during which water is released to Coal Creek for Lessee's
benefit and the total volume of water so released. The measurement of the leased
water shall occur at the outfall of the City of Lafayette wastewater treatment
facility unless substitute water supplies are utilized as provided above. Lafayette
shall not be responsible for the delivery of the water to Lessee, and Lessee bears
the responsibility of any transit losses of the water following its release at the
wastewater treatment plant outfall.
(e) Limitation on Lafayette's Obligations. Lessee acknowledges that Lafayette is
providing no guarantees and has made no representations about the fitness of the
water being leased for Lessee's needs. Neither has Lafayette suggested that
release of the subject water will allow Lessee to continue its sand and gravel
mining operations. Lessee is proceeding with this Lease solely on the basis of its
own investigations and discussions with the State water administration officials.
Lafayette's obligations are strictly limited to delivering water to the stream system
at the location described above, and apprising the Water Commissioner of the
details of the delivery.
(f) No Assignment of Rights. Lessee may not assign or sublease any of the water
described herein to third parties without the express prior written consent of
Lafayette.
(g) No Precedent Set. It is agreed and understood by Lessee that this water lease is
limited to the 2005 calendar year only, and this Agreement will expire under its
our terms without further action by either party. Lessee specifically agrees that it
will not assert any long term rights to water from Lafayette as a result of Lafayette
entering into this Agreement.
(h) Notice. Any notice provided for herein shall be given by mail, by facsimile
transmission or by hand delivery as follows:
If intended for Lafayette:
City of Lafayette
c/o Bradley S.Dallam,P.E.
Department of Public Works
1290 South Public Road
Lafayette,CO 80026
FAX: 303-665-2153
2
If intended for Lessee:
Farfrumwurkin,I I T.P
c/o Jon File,Managing Partner
11811 Upham Street,#12
Broomfield, CO 80020
FAX: 303-404-0778
EXECUTED in duplicate counterpart originals on this (5 day of December, 2004.
CITY OF LAFAYETTE,ACTING BY
AND THROUGH ITS WATER FUND
ENTERPRISE
G aph e, Administrator
•
FARFRUMWURKIN,J T J P
Jon F ,Managing Partner
3
DIVISION OF MINERALS & GEOLOGY
REGULAR (112) PERMIT APPLICATION
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR(112) CONSTRUCTION MATERIALS EXTRACTION OPERATION
NOTICE TO THE BOARD OF SUPERVISORS
OF THE LOCAL SOIL CONSERVATION DISTRICT
BOULDER VALLEY SOIL DISTRICT
CONSERVATION
FARFRUMWURKIN LLLP (the "Applicant/Operator")has applied for a Regular (112)reclamation permit
from the Colorado Mined Land Reclamation Board(the "Board") to conduct the extraction of construction materials operations
in WELD County. The attached information is being provided to notify you of the location
and nature of the proposed operation. The entire application is on file with the Division of Minerals and Geology(the"Division")
and the local county clerk or recorder.
The applicant/operator proposes to reclaim the affected land to AG. , WATER RESOURCE use. Pursuant to
Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Soil Conservation Districts before approving of the
t-mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that,in
to preserve your right to a hearing before the Board on this application,you must submit written comments on the application
within twenty(20)days of the date of last publication of notice pursuant to Section 34-32.5-112(10), C.R.S.
If you would like to discuss the proposed post-mining land use,or any other issue regarding this application,please contact the
Division of Minerals and Geology, 1313 Sherman Street, Room 215,Denver,Colorado 80203,(303)866-3567.
NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a
change to a previously filed application you must either attach a copy of the changes,or attach a complete and accurate description
of the change.
M:\MW\SH REWSFORMSQS23CO12..APP 02/10199
6.4.1 Exhibit A — Legal Description
6.4.1.1 INTRODUCTION
The proposed mining operation will extract construction materials (sand and
gravel) for a variety of roadway construction projects and concrete construction
projects in the local area.
Material will be hauled offsite as needed and the haul trucks will likely utilize
WCR 3 '/4 south of the site to SH 52. SH 52 is the most accessible route east,
toward 125 or west, toward County Line Road. Haul traffic is expected to be in the
range of 75-80 trucks per day. Material extraction is expected to occur over a
period of approximately 6 years. Reclamation of the site will be concurrent with
the mining operations and the mining pit will be lined with compacted, low
permeability soils and used as water storage facility. Other parts of the permitted
mine area will be developed for residential housing.
6.4.1.2 LEGAL DESCRIPTION
The File Pit 112 is located on portions of sections 31 and 32 in southwestern
Weld County. The permitted area of the File Pit 112 is located on approximately
69.2 acres east of the abandoned Burlington Northern Railroad grade in the SE
% of Section 31, on all 160 acres in the SW '% of Section 32, on 47.3 acres in the
N '/2 of the SE '/4 of Section 32, and on 37.6 acres in the W'/2 of the NW '% of
Section 32, Township 2 North, Range 68 West, of the 6th Prime Meridian.
The permitted area is divided into two separate areas that combined, total 314.14
acres. The mining permit area west of WCR 3 '/4 is 185.69 acres. The mining
permit area east of WCR 3 '/4 is approximately 128 acres. The limits of
excavation under this permit total 120 acres. On the west side of WCR 3 % the
limit of excavation is approximately 106 acres while on the east side of WCR 3
'/4, the limit of excavation is approximately 10-15 acres. The current access to
both the east and west mining pits is located approximately 0.7 miles north of SH
52 on WCR 3 1/4.
File Pit 112 DMG Permit Application
Page 1 of 27
I 11l"h•
/,•
iI• :.<N Pt t.
•
o,?,
- a;
1' AND
�f m •
/ I re •oa - - e
G1
a/
C\I .?1(L(
•''• ' 2 ALE PIT 112
3 ;' 4
/
ea P AJ'_
•
numtu - _ Kona
- H M 1. _._� NINe ern, S 52
T.L. •
4•
a
6 5
C4 [IX • • C
ry 1
/
I. 1 •l/Ys1ON
•
n • I ....-4(
.
�o•.O -
yJ)T,
..et •
•/ 6 .
I
p,/ r•t
• _,f 8 -
.d„. 2F'�_PAOJf/G
EXHIBIT B-INDEX MAP
Weiland n,c_ SITE LOCATION MAP
Environmental a Engineering SCALE 1"=2000•
mss W.Cara Salo 3®
Lakewood mILMS
,r 303-426CW61 FILE PIT 112 USGS'S QUAD ERIE,CO
far 3O3-tYvdtc. r-
www.w. mn SECTION 31 nx.MOW
6.4.4 Exhibit D — Mining Plan
6.4.4.1 MINING METHODS
All of the mining operation will be "dry" mined. Trenches will be dug around the
perimeter of each mining cell for dewatering purposes. Operations will
incorporate conventional aggregate mining methods, including the use of
scrapers and dozers to strip overburden, scrapers and backhoes to move and
load sand and gravel, and haul trucks to move mined-material. The operation will
mine and reclaim the land concurrently.
6.4.4.2 EARTHMOVING
The north end of the proposed site is currently being mined under the existing
111 Permit M-2003-090. There is currently an area of approximately 10.5 acres
that has been disturbed by this mining operation and is open to a depth varying
between 5 and 8 feet below the existing ground surface surrounding the
excavation. The existing pit will be used to accept stockpiled overburden from
mine areas in the northern portion of the site, where mining under this permit will
commence. Following overburden removal, gravel extraction will occur.
Generally, the proposed mining will begin in the previously mined area (Cell A)
and proceed sequentially to Cell K as shown in Exhibit C-Mining Plan. Mining will
move counterclockwise around the edges of the West Pit. Approximately 15-20
acres of surface area will be mined per year. As overburden or waste material is
removed, it will be placed in an existing stockpile area or in an area that was
previously mined. Adequate overburden volume will be left to backfill adjacent oil
and gas structures. As gravel extraction progresses, concurrent reclamation
operations will also proceed. Backfilling of waste material adjacent to oil and gas
structures will occur no later that two weeks following excavation — as indicated
in Exhibit C-Mining Plan.
Temporary and permanent offsets around oil and gas structures as well as the
roads that serve these structures have been shown in Exhibit C. No mining will
occur within these offset areas in order to protect the existing structures.
Temporary offsets of 75-feet are provided for each well during mining activities.
Once mining is completed in the area of a well, enough overburden will be placed
around the well to achieve 150-feet of offset from the well with a 3:1 slope to
natural ground and 2:1 slope to the bottom of the pit. Likewise, roadways that
access oil and gas wells within the gravel mining operation will be provided with
10-feet of temporary offset during mining activities. When mining activities are
completed in the area, enough overburden will be placed to provide 20-feet of
offset from the centerline of the road. Mining will not occur closer than 200 feet
from any oil and gas structures prior to the execution of agreements allowing
mining to occur closer.
An area of approximately 106 acres will be mined at the site on the west side of
WCR 3 %. An area of approximately 10-15 acres will be mined on the east side
File Pit 112 DMG Permit Application
Page 2 of 27
STATE OOCOLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
Merman St.,Room 215 C O L O isk.A D O
5. _ Tr,Colorado 80203 DIVISION OF
Phone:(303)866-3567 CONSTRUCTION MATERIALS MINERALS
FAX:(303)832-8106 REGULAR(112)OPERATION G E O L O G Y
RECLAMATION PERMIT APPLICATION FORM RECLAMATION•MINING
SAFETT•SCIENCE
Bill Owens
:HECK ONE: There is a File Number Already Assigned to this Operation Governor
Russell George
Permit# M - - _ (Please reference the file number currently assigned to this operation) Executive Director
✓ New Application(Rule 1.4.5) _Amendment Application(Rule 1.10) Ronald W.Cattany
Division Director
Conversion Application(Rule 1.11) Natural Resource Trustee
Permit# M - - - (provide for Amendments and Conversions of existing permits)
fhe application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts:(1)the application form;
:2)Exhibits A-S,Addendum 1,any sections of Exhibit 6.5(Geotechnical Stability Exhibit and(3)the application fee. When you submit your
application,be sure to include one(1)complete signed and notarized ORIGINAL and one(1)copy of the completed application form,two(2)
:opies of Exhibits A-S,Addendum 1,appropriate sections of 6.5(Geotechnical Stability Exhibit,and a check for the application fee described
ruder Section(4)below. Exhibits should NOT be bound or in a 3-ring binder,maps should be folded to 8 1/2"X I I"or 8 1/2"X 14"size. To
:xpedite processing,please provide the information in the format and order described in this form.
GENERAL OPERATION INFORMATION
Type or print clearly,in the space provided,ALL information requested below.
10_ ;1 pplicent/operatoror company name(name tobe used onpermit): FARFRV Peps/URKEN, LLLP
1.1 Type of organization(corporation,partnership,etc.): LLLP
1.2 I.R.S.Tax I.D.No.or Social Security Number. 99 1
2. Operation name(pit,mine or site name): FILE PIT 112
3. Permitted acreage(new or exlstina site): 314. 14 permitted acres
3.1 Change in acreage(+) acres
3.2 Total acreage in Permit area acres
4. fats:
4.1 New Application $2344.00 application fee
4.2 New Quarry Application $2306.00 quarry application
4.4 Amendment Fee $1338.00 amendment fee
4.5 Conversion to 112 operation(set by statute) $2344.00 conversion fee
5. Primary commoditie(s)to be mined: SAND CrRAVEL ROCK
5.1 Incidental commoditie(s)to be mined: 1. - lbs/Tons/yr 2. / lbs/fons/yr
3. / lbs/Tons/vr 4. / lbs/Tons/vr 5. / lbs/Tons/vr
5.2 Anticipated end use of primary commoditie(s)to be mined: CONSTRUCTION MATERIALS
5.3 Anticipated end use of incidental commoditie(s)to be mined:
Office of Office of Colorado
Mined Land Reclamation Active and Inactive Mines Geological Survey
6. Name of owner of subsurface rights of affected land: REFER.Tb EXH iB rT O
If 2 or more owners, "refer to Exhibit O".
7. Name of owner of surface of affected land: RAY NELSom I Co. Li-P, /C7cNNt0TN L.f JUDITH ANri SCNEAL. FARFRUMWURg a u
8. Type of mining operation: / Surface Underground
9. Location Information: The center of the area where the majority of mining will occur:
COUNTY: WELD
PRINCIPAL MERIDIAN(check one): /6th(Colorado) 10th(New Mexico) Ute
SECTION(write number): S 31 c 32.
TOWNSHIP(write number and check direction): T 2. ✓North South
RANGE(write number and check direction): R 68 East V West
QUARTER SECTION(check one): NE NW SE SW
QUARTER/QUARTER SECTION(check one): _NE NW SE SW
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation):
APPROXINI4TELY 2M/ A/OR774 dr ERIE, CO AT not. 7N7ERS5c7'IoN OPSH-52 AND Wag 3 14-.
APpRox I rATr EI-EvATI0 15 4935.
10. Primary future(Post-mining)land use(check onel:
Cropland(CR) Pastureland(PL) General Agriculture(GA)
Rangeland(RL) Forestry(FR) _ Wildlife Habitat(WL)
Residential(RS) Recreation(RC) Industrial/Commercial(IC)
V Developed Water Resources(WR) Solid Waste Disposal(WD)
11. Primary present land use(check one):
✓ Cropland(CR) Pastureland(PL) General Agriculture(GA)
_ Rangeland(RL) Forestry(FR) Wildlife Habitat(WL)
_ Residential(RS) Recreation(RC) Industrial/Commercial(IC)
Developed Water Resources(WR)
12. Method of Mining: Briefly explain mining method(e.g.truck/shovel): SCRAPER BACK Hog
og
13. On Site Processing: ✓ Crushing/Screening
13.1 Briefly explain mining method(e.g.truck/shovel): ON9/TE PROCESSING — NO ASHACT OR CONCRETE Pt.�NT
List any designated chemicals or acid-producing materials to be used or stored within permit area: NOI4
A
-3-
A. Correspondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Contact's Name: .ION FILE Title: MANAG=ING- PARTNER
Company Name: FARFRUMwugKiN
Street/P.O.Box: II 63 OAKkuR5T DRIVE P.O. Box:
City: BROOM FIELD,
State: COLo RADO Zip Code: ROOLO
Telephone Number: f 303 1- 404-3225
Fax Number: ( 303 1- 404-0779
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: PETER WAYLAND Title: PRESIDENT
Company Name: WEILAND, INK .
Street/P.O.Box: 10396 WEST COL.Flx SUITE 350 P.O.Box:
City: LAKEWOOD
State: CoLo2ADO Zip Code: $OZIS
Telephone Number: ( 303 1- 436-0951
Fax Number: ( 303 1- 601 —0943 •
'emNSPECTION CONTACT
Contact's Name: JON FILE Title: M ANA CrINCr PRRTNER.
Company Name: FARFRUMWURKIN. LLLP
Street/P.O.Box: II63 OAkkuRsr DRIVE. P.O.Box:
City: BROoMF'IELD
State: COLORADO Zip Code: $0020
Telephone Number: ( 303 1 - 404-3225
Fax Number: ( 303 1- 404- 0778
CC: STATE OR FEDERAL LANDOWNER(if anvl
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( I-
CC: STATE OR FEDERAL LANDOWNER(if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( 1-
1'
- 4 -
I.5.---Oescriotion of Amendment or Conversion:
If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s).
Mans and Exhibits:
Two(2)complete,unbound application packages must be submitted. One complete application package consists of a signed application form
and the set of maps and exhibits referenced below as Exhibits A-S,Addendum 1,and the Geotechnical StabilityExhibit Each exhibit t.ithin the
application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively for ease of
reference. If separate documents are used as appendices,please reference these by name in the exhibit
With each of the two(2)signed application forms,you must submit a corresponding set of the maps and exhibits as described in the following
references to Rule 6.4,6.5,and 1.6.2(I)(b):
EXHIBIT A Legal Description
EXHIBIT B Index Map
EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands
EXHIBIT D Mining Plan
EXHIBIT E Reclamation Plan
XHIBIT F Reclamation Plan Map
EXHIBIT G Water Information
EXHIBIT H Wildlife Information
EXHIBIT I Soils Information
EXHIBIT J Vegetation Information
EXHIBIT K Climate Information
EXHIBIT L Reclamation Costs
EXHIBIT M Other Permits and Licenses
EXHIBIT N Source of Legal Right-To-Enter
EXHIBIT O Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined
EXHIBIT P Municipalities Within Two Miles
EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District
EXHIBIT R Proof of Filing with County Clerk or Recorder
EXHIBIT S Permanent Man-Made Structures
Rule 1.6.2(1)(6) ADDENDUM 1 -Notice Requirements(sample enclosed)
Rule 6.5 Geotechnical Stability Exhibit(any required sections)
The instructions for preparing Exhibits A-S, Addendum 1, and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and
Rule 1.6.2(1)(b)of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required,or
would like to schedule a pre-application meeting you may contact the Office at 303-866-3567.
, `^
- 5 -
' . --bonsibilities as a Permittee:
Upon application approval and permit issuance, this application becomes a legally binding document. Therefore,there are a
number of important requirements which you, as a permittee, should fully understand. These requirements are listed below.
Please read and initial each requirement,in the space provided,to acknowledge that you understand your obligations. If you do
not understand these obligations then please contact this Office for a full explanation.
CYO 1. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal
�* liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated
with your mining operation in the event your permit is revoked and financial warranty is forfeited;
"it re" 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee
violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information
contained in the application or your permit misrepresent important material facts;
7 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary,
substantial civil penalties,to you as permittee can result;
71 4. Any modification to the approved mining and reclamation plan from those described in your approved
application requires you to submit a permit modification and obtain approval from the Board of Office;
fra 5. It is your responsibility to notify the Office of any changes in your address or phone number;
Cr. 6. Upon permit issuance and prior to beginning on-site mining activity,you must post a sign at the entrance of the
mine site,which shall be clearly visible from the access road,with the following information(Rule 3.1.12):
a. the name of the operator;
b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land
Reclamation Board; and,
c. the permit number.
7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly
7.1-
visible and adequate to delineate such boundaries prior to site disturbance.
91)11 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions
listed in your application, as well as with the provisions of the Act and the Construction Material Rules and
Regulations in effect at the time the permit is issued.
- 6 -
O,,,.l 9. Annually,on the anniversary date of permit issuance,you must submit an annual fee as specified by Statute,
and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date(if there
are changes from the previous year),any monitoring required by the Reclamation Plan to be submitted annually on
the anniversary date of the permit approval. Annual fees are for the previous year a pernrit is held. For example,a
permit with the anniversary date of July 1, 1995, the annual fee is for the period of July 1, 1994 through June 30,
1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty,
revocation of your permit, and forfeiture of your financial warranty. It is your responsibility; as the permittee, to
continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility.
VI
el 10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a
power of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this
application.
Permit Condition: Please read and initial this condition, in the space provided, to acknowledge that you understand your
obligation. If you do not understand your obligation then please contact this Office for a full explanation.
A reportable spill is a spill of any toxic or hazardous substance(including spills of petroleum products)within the
mined land permit area reportable to any Division of the Colorado Department of Public Health and the
Environment,the National Response Center,the Colorado Emergency Planning Commission,any local Emergency
Planning Commission,local Emergency Planning Committee,or the State Oil Inspector. The Mine Operator shall
notify the Division of Minerals and Geology(DMG)of a reportable spill within the mined land permit area using the
same timeframe required by the permit,license,notice,statute,rule or regulation governing the reporting of the spill
to the other appropriate agency. Notice of a reportable spill shall be FAXed to: Minerals Program Supervisor,
Division of Minerals and Geology, FAX(303) 832-8106. The FAX shall include a call-back number of a
responsible company official for DMG staff to use as a contact.
NOTE TO COMMENTORS/OBJECTORS:
It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore,if
you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know
what changes may have been made to the application document.
The Office is not allowed to consider comments,unless they are written,and received prior to the end of the public comment
period. You should contact the applicant for the final date of the public comment period.
' "'.have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process,you may
L..,...act the Office at(303) 866-3567.
Tkrtification:
is..0 authorized representative of the applicant,I hereby certify that the operation described has met the minimum requirements of
he following terms and conditions:
1. To the best of my knowledge,all significant,valuable and permanent man-made st ucture(s)in existence at the time this
application is filed, and located within 200 feet of the proposed affected area have been identified in this application
(Section 34-32.5-115(4)(e),C.RS.).
2. No mining operation will be located on lands where such operations are prohibited by law
(Section 34-32.5-115(4)(f),C.RS.;
3. As the applicant/operator,I do not have any extraction/exploration operations in the State of Colorado currently in
violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials
(Section 34-32.5-120,C.R.S.)as determined through a Board finding.
4. I understand that statements in the application are being made under penalty of perjury and that false statements made
herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503,C.R.S.
rids form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,C.R.S.,of the Colorado Land
2eclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any
'ennit issued on the altered or modifiedfonn and subject the operator to cease and desist orders and civil penalties for operating without
i permit pursuant to section 34-32-123,C.R.S.
Signed and dated this I)-- day of 3-IJL\I a OQ‘l
ERRFRu e&wut-► t.1 Li--P If Corporation Attest(Seal)
Applicant/Operator or Company Name
Signed: P ' i Signed:
Corporate Secretary or Equivalent
Title: Town/City/County Clerk
State of e(e )
)ss.
County of )
The foregoing instrument was acknowledged before me this I day of q by
3O►-1 F tLE as i'f tal of F R W wv IZk'tt, j j- p
InPr�AGtNCr phicr met. anti} `�
st
Notary Public v�G(
--- My Commission expires: (1-Z'10-1
SIGNATURES MUST BE IN BLUE INK
M:\mi shsreWsformeCaruwxion 112doc (05/26/2004)
You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a
proposed mining operation. The following is a sample of the Notice required for Rule 1.6.2(1)(b)that you may wish to use.
NOTICE
This site is the location of a proposed construction materials operation. (Name of the Applicant/Operator) JUN FILE ,
1163 OAKHURST DR.
whose address and phone number is(Address and Phone Number of the Applicant/Operator) BRoorticlel.D.Co eooW (303)404-sag
has applied for a Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the
application may view the application at the(County Name) war;D County Clerk and Recorder's Office,
1407- N. 17+t Ave.
(Clerk and Recorder's Office Address) G-2EE(-Ev, co 13 3I ,and should send comments prior to the end of
the public comment period to the Division of Minerals and Geology, 1313 Sherman St,Room 215,Denver,Colorado 80203.
Certification:
J orl FILE ,hereby certify that I posted a sign containing the above notice for the proposed
permit area known as the(Name of Operation) Fl LE P 1T 112 , on(Date Posted) �(t�( o`{
J ,I,-la tk
SIG ATURE� DATE
M:Ntin\share\va(orntContrucfion 112.634 (03119/20O4)
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR(112) CONSTRUCTION MATERIALS EXTRACTION OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY
FARFRUMWURKIN LLLP (the "Applicant/Operator")has applied for a Regular gulaz(112)reclamation te rations
from the Colorado Mined Land Reclamation Board(the "Board")to conduct the extraction of construction materials operations
in WELD County. The attached information is being provided to notify
of the proposed operation. The entire application is on file with the Division of Minerals and Geology(the the"Division")locaion and nature
th
local county clerk or recorder. gy and the
The applicant/operator proposes to reclaim the affected land to AG. , WATER RESOURCE
use. Pursuant to
Section 34-32.5-116(4)(m), C.R.S.,the Board may confer with the local Board of County Commissioners before approving of
the post-mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that,
in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the
'"^lication within twenty(20) days of the date of last publication of notice pursuant to Section 34-32.5-112(10), C.R.S.
If you would like to discuss the proposed post-mining land use,or any other issue regarding this application,please contact the
Division of Minerals and Geology, 1313 Sherman Street,Room 215,Denver,Colorado 80203, (303) 866-3567.
NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a
change to a previously filed application you must either attach a copy of the changes,or attach a complete and accurate description
of the change.
MANIMSHAREIVSFORMSR823COI2.APP 02/10/99
6.4.4 Exhibit D — Mining Plan
of WCR 3 % . Mining will occur at the site over the course of approximately 6
years. The mining of the west pit will occur in two separate and distinct areas; in
the south portion of the west pit and then in the north portion of the west pit.
Mining will begin at the northeast corner of the south portion of the west pit to
prepare for the relocation of an Encana gas pipeline that runs through the center
of the proposed permitted area. The mining will then proceed north to construct
the North Pond. After the north portion of the west pit is completely mined, the
operation will move to the southern portion of the west pit. When the southern
portion of the west pit has been mined, operations will move to the remaining 10-
15 acres of the east pit.
6.4.4.3 WATER DIVERSIONS AND IMPOUNDMENTS
Dewatering trenches will be dug to facilitate dry mining as shown in Exhibit C —
Mining Plan. Groundwater was encountered during soil boring operations at a
depth of approximately 7-8 feet. Dewatering trenches will capture groundwater
seepage as well as excess precipitation entering the excavation and move it
away from working areas. There are no groundwater pumping wells, creeks, or
other significant bodies of water in close proximity to the permitted mine area that
will be affected by the mining operation. A well permit is currently in place for the
existing 111c operation, which will be amended for the entire project.
6.4.4.4 SIZE OF AREA TO BE WORKED AT ONE TIME
The largest surface area to be worked on at any one time will be approximately
15-20 acres. The largest stockpile that will occur at any one time will be no more
than approximately 100,000 yd .
6.4.4.5 NATURE OF DEPOSIT
Most of the site is overlain with a layer of silty sand (SM). This layer averages
between 6 and 7-feet thick but appears in the soil borings in thickness ranging
from near zero to approximately 11-feet. Underlying this layer of silty sand is a
layer of inorganic clay (CL). This layer averages approximately 4-5-feet thick, but
is not found in some areas of the site and in others can be found to be as much
as 13-feet thick. The overburden is composed of a thin layer(0.5 ft) of loam
underlain by silty and clayey sand to sandy and silty clay. The sand and gravel
deposit (GW) occurs at an average thickness of 12.5 ft. The thickness of the
sand and gravel deposit ranges from a low end of just under 5-feet thick to a high
end of roughly 20-feet.
6.4.4.6 UNDERLYING STRATUM
Underneath the sand and gravel lies bedrock composed of weathered shale and
sandstone (Foxhills)
File Pit 112 DMG Permit Application
Page 3 of 27
6.4.4 Exhibit D — Mining Plan
6.4.4.7 COMMODITIES
The primary commodities of the mine are sand and gravel. There are no
incidental commodities.
6.4.4.8 EXPLOSIVES
No explosives will be used in the mining process.
File Pit 112 DMG Permit Application
Page 4 of 27
6.4.5 Exhibit E — Reclamation Plan
6.4.5.1 RECLAMATION SUMMARY
Reclamation of the pits will occur concurrently with mining. The reclamation plan
proposes to line a portion of the mining excavation with compacted inorganic clay
material to create a relatively impervious layer, preventing seepage through the
sides of the excavation. The reclaimed West Pit will then be used as 2 separate
water storage areas. The largest of the two water storage areas, the South
Reservoir, will encompass roughly 60 acres while the North Pond will be
approximately 6 acres in areal extent when finished. Reclamation will follow the
sequence outlined below beginning in Area A and finishing with the mining and
reclamation of Area K in the West Pit and the west to east mining of the East Pit.
Side slopes of the South Reservoir will be graded at 2H:1 V below natural grade
leaving the 60-acre pond area occupying the proposed mine pit area. Wide
berms extending above the existing ground elevation will be constructed from
overburden and will raise the top of pond elevation to 4955. The side slopes of
the berm above natural grade will be 3H:1 V. Over-excavation of the bottom of
the South Reservoir will be required to extract borrow material used to construct
the ponds above existing grade and balance the cut/fill for the project.
The top width of the berm varies over its total length from approximately 368-feet
on the east side of the reservoir, to 30-feet wide on the north, to roughly 250-feet
on the northwest edge of the proposed reservoir, to 30-feet wide at the southeast
corner of the reservoir where the berm height tapers to approximately 2 feet.
Stockpiled topsoil will be placed on the berm and outer side slopes to a depth of
0.25 to 0.5 ft. The clay-lined portion of the pond will not receive application of
topsoil material.
The vertical extent of the berm above natural grade will impound more than 100
acre-ft of water in the South Reservoir and therefore could be determined a
jurisdictional dam. Preliminary indications from the state engineers office
indicate that the width of the berm may result in a non-jurisdictional
determination. Engineering drawings of the berm will be submitted to the state
engineers office for an official jurisdictional determination. A liner design will also
be submitted to the state engineers office for approval.
6.4.5.2 WEST PIT
Reclamation will follow the same path as the mining. The outer edges of the pit
will be mined first, which will free up these areas for the construction of adequate
sideslopes and clay lining. After the outer edge of this pit has been mined, the
remaining center block of sand and gravel will be mined. Reclamation of the
center block will follow the mining operation in a similar fashion.
After the northern portion (North Pond) of the west pit is mined, operations will
move to the southern portion (South Reservoir) of the west pit. Overburden
File Pit 112 DMG Permit Application
Page 5 of 27
6.4.5 Exhibit E — Reclamation Plan
stripped from this pit will initially be stockpiled as necessary (never to exceed
100,000 yd3) or will be used to construct the berrns for the South Reservoir.
The general order of reclamation activities are provided in Table 1, Reclamation
Sequence Summary on the following page.
File Pit 112 DMG Permit Application
Page 6 of 27
6.4.5 Exhibit E — Reclamation Plan
Table 1 — Reclamation Sequence Summary
Reclamation Activity Mining Sequence
Stockpile any remaining waste material During mining of Area A, (area where the
from Area A in Area D (existing stockpile Encana Nelson 12-32 and the Texas Tea
from work performed under 111 Permit) Nelson 1A gas wells reside and area of
111 Permit work).
Backfill east side slope in Area A of the During mining of gravel deposits in Area B
West Pit to finished grade. Begin to fill the at far north end of the West Pit.
wide flat-topped berm creating the north
side of the South Reservoir.
Backfill the side slopes of the north pond During mining operations in Area C of the
created by excavation of Area B. West Pit.
Backfill Area C of the West Pit to final During mining operations in the south
grade. Relocate the Encana gasline that portion of Area D in the West Pit.
currently runs east/west through the center
of the West Pit in Area.
Backfill the western edge of the West Pit in During mining of a 500' strip on the west
Area D. Bring the South Reservoir berm up edge of the West Pit in Area E.
to grade.and tie in with the reservoir berm
constructed in Area A.
Backfill the northwest corner of the West Pit During mining of a 500' strip on the
in Area E as well as the west slopes of the southwest corner of the West Pit in Area
South Reservoir in this area. F.
Backfill the south and west slopes of the During mining of a 500' strip on the south
South Reservoir in Area F of the West Pit. edge of the West Pit in Area G.
Backfill the south slope and southeast During mining of a 400' strip on the east
corner of the South Reservoir berm in Area edge of the West Pit in Area H.
G.
Backfill the east edge of Area H bringing the During mining of the 400' strip on the east
east berm of the South Reservoir to final edge of the West Pit in Area I.
grade.
Bring all berms surrounding the West Pit During mining of the center portion of the
excavation up to final grade (4955). West Pit in Area J.
Continue to bring all South Reservoir berms During mining of the center portion of the
to final grade as necessary. West Pit in Area K.
Line interior slopes and bottom of South During initiation of mining activity in the
Reservoir with clay, top soil, seed, and East Pit. (See description on following
fertilize exterior side slopes. page).
File Pit 112 DMG Permit Application
Page 7 of 27
6.4.5 Exhibit E - Reclamation Plan
6.4.5.3 EAST PIT
The 10-15 acres of the east pit will be mined last. Overburden will be used as
necessary for the construction of berms for the south reservoir or removed from
the mine area and stockpiled south of the pit. Mining will occur from the west
end of the pit and proceed east with concurrent reclamation following the path of
the mining activity.
6.4.5.4 CONCURRENT BACKFILLING ADJACENT TO OIL AND GAS
STRUCTURES
Agreements between owners of oil and gas structures specify that mining can
occur as close as 10 feet from the centerline of well access roads that overlay oil
and gas pipelines and 75 feet from oil and gas wells as a temporary condition.
The mining operation will backfill areas adjacent to oil and gas facilities to a
distance of 20 ft from the centerline of roads that overlay oil and gas pipelines
and 150 ft from oil and gas wells as shown in Exhibit C — Mining Plan. Backfilling
adjacent to oil and gas structures will occur within two weeks following
excavation near oil and gas structures. Total volume of material needed to
backfill the area around the oil and gas structures is approximately 534,400 yd3.
6.4.5.5 SLOPE GRADING
Both the north and south portions of the west pit will be reclaimed as water
storage ponds. The pit excavation (0.5:1 slopes) will be filled with overburden or
borrow materials to construct the ponds. All pond slopes will be graded no
steeper than 3H:1 V. Volumes to reclaim slopes are provided in Table 2 —
Reclamation Grading Volume Summary.
Table 2 — Reclamation Grading Volume Summary
Area [ft2] Volume[yds)
West Pit
Overburden 4,636,600 1,717,300
Berm Construction 4,636,600 2,222,900
Deficit 505,600
'Overexcavation (south pond) 2,183,400 536,200
'Provides borrow material to make up the deficit of fill necessary for reclamation grading.
Area [ft2] Volume[yds)
East Pit
Overburden 347,000 128,500
Slope Reclamation 347,000 46,300
Excess 82,200
File Pit 112 DMG Permit Application
Page 8 of 27
6.4.5 Exhibit E — Reclamation Plan
6.4.5.6 TOPSOIL REPLACEMENT
Topsoil will be segregated during stripping. Topsoil salvaged from the existing
ground surface of the mining excavation will be placed in designated areas
replacement during reclamation. Topsoil replacement will occur on the top and
exterior slopes of the berm surrounding the pond excavation. Replacement will
begin at the northeast corner of the west pit mining operation and continue in a
clockwise fashion around the pit. Topsoil will be replaced to a depth of 0.25-0.50
feet. Topsoil quantities for both the east and west pits are provided in Table 3 —
Topsoil Replacement Volume Summary below.
Table 3—Topsoil Replacement Volume Summary
Average Topsoil Depth 0.50 ft=0.17 yd
Area [ft2l Volume[yds31
West Pit 2,326,718 43,087
East Pit 439,127 8,132
TOTAL 2,765,845 51,219
6.4.5.7 SEEDING AND FERTILIZING
Currently, agricultural crops including alfalfa, wheat, hay and trees are the
dominant vegetation.
The proposed seeding areas are shown in Exhibit F — Reclamation Plan. The
recommended seeding method is by drill and seeding rates assume this method.
The species composition of the seed mixture recommended for reclamation is
shown in Table 4 below.
Table 4. Recommended Seed Mixture
Species (Variety) Rate—pure live Native/ W/C Cost
seed(pis) Introduced Season pis/ac
lbs/ac
Thickspike wheatgrass 8.0 to 10.0 Native Cool $11.70
(Critana)
Sideoats grama (Vaughn) 5.0 to 7.0 Native Warm $7.25
Switchgrass (Nebraska-28) 4.0 to 6.0 Native Warm $5.00
Alfalfa (Nomad) 3.0 to 5.0 Introduced NA $1.90
TOTAL 20.0 to 28.0 $28.85
File Pit 112 DMG Permit Application
Page 9 of 27
6.4.5 Exhibit E — Reclamation Plan
Based on this seed mixture an application rate of approximately 20.0 to 28.0
pls/ac will be used. Topsoil should be disked prior to seeding. It is
recommended that fertilizer be utilized for reclamation. A standard application of
a fertilizer will be used and applied at a rate of 250 lbs/ac as shown in Table 5.
Table 5. Fertilizer Application
Fertilizer Standard Costs/Pound Cost/Acre Total Costs
rate based on a
lbs/acre bulk rate of (for 64 ac)
$327.00/ton
Diammonium phosphate 250 $0.55 $137.50 $8,800.50
(18-46-0) (46-53%
available P2O5with 18-
21% N)
Fertilizer will not be used near the edge of the pond, since the possibility of
nitrate contamination in the pond water exists. The total area to be seeded is
approximately 64 acres. The total area to be fertilized is approximately 64 acres.
Seeding and fertilizing will be completed after the overburden and topsoil is
replaced, smoothed to conform to the existing topography and disked. Optimal
periods of seeding are in the fall (after November 1st) or in the spring from late
March up to April 30th. Mulching will not be completed as the quality soils and
availability of water should facilitate the rapid establishment of perennial grasses.
Following revegetation, weed management strategies will be implemented to
facilitate and achieve native grassland. Years 1 thru 5 following revegetation will
include an aggressive mowing program to prevent the growth and establishment
of weeds, specifically, the eight noxious weeds including: Canada thistle
(Cirsium arvense), Dalmation toadflax (Linaria dalmatica), diffuse knapweed
(Centaurea diffuse), leafy spurge (Euphorbia esula), musk thistle (Carduus
nutans), Russian knapweed (Centaurea repens), spotted knapweed (Centaurea
maculosa) and Yellow toadflax (Linaria vulgaris) as mandated by Colorado State
Law (35-5.5CRS1990, 1996). If needed, herbicide application will be applied as
indicated in the Colorado State University Cooperative Extension Publication
"Weed Management for small rural acreage" (no. 3.106)
6.4.5.8 ALTERNATIVE RECLAMATION PLAN
There is no alternative reclamation plan.
The mining operation is to be a dry operation, meaning that dewatering trenches
will be constructed surrounding excavations. The configuration of the trenches is
given in Exhibit C — Mining Plan. There are no nearby wells or significant bodies
File Pit 112 DMG Permit Application
Page 10 of 27
6.4.5 Exhibit E — Reclamation Plan
of water that are expected to be adversely impacted by the operational de-
watering.
•
File Pit 112 DMG Permit Application
Page 11 of 27
6.4.7 Exhibit G —Water Information
Currently, a well permit is in place for the File Pit II (M-2003-060) 111c that
accounts for injury to Boulder Creek for mining of approximately 13.4 acres.
Mining has ceased within the File Pit II due to Weld County time limitations and
90% of the gravel remains within this permit area.
This well permit and associated temporary substitute supply plan is currently
being amended to cover the entire new mining project. The amendment will be
in place prior to mining beyond the 13.4 acres.
•
e"
File Pit 112 DMG Permit Application
Page 12 of 27
STATE OF COLORADO
' — -FFICE OF THE STATE ENGINEER oc•co\
Asian of Water Resources o\
Department of Natural Resources Nqt-/ ¢- rF �g
1313 Sherman Street, Room 818 November 10, 2003 `\*-�Denver,Colorado 80203 ra s,
Phone(303)866-3581
FAX(303)866-3589
Bill Owens
www.water.state.co.us Governor
Greg E.Walther
Mr. Peter Wayland Executive Director
Wa land, Inc. Hal D.Simpson,PE.
y State Engineer
10395 West Colfax, Suite 350
Lakewood Co 80215
Re: Substitute Water Supply Plan, Farfrumwurkin. LLLP File Pit II
Sections 32, T2N, R68W, 6th P.M.
Water Division 1, Water District 6, Boulder County
Dear Mr. Wayland:
This letter is in response to your application for a substitute water supply plan for the
Farfrumwurkin, LLLP File Pit II Site. The required fee of$1,343 for the substitute water supply plan
has been submitted.
• The anticipated net depletion for this plan during the twenty months of operation is 11.13
,--, acre-feet per year. It should be noted that the mining at the site will begin in October of 2003 and will
cease the end of May 2004.There will be approximately 0.30 acres of water surface exposed after
December 31, 1980 in the dewatering trenches. Two dewatering wells are to be placed on the east
side of the pit to facilitate dry mining. Any lagged stream depletions to Boulder Creek resulting from
pumping will be offset by placing the water collected from dewatering directly into a recharge well
located approximately the same distance from the river as the dewatering wells. According to the
information submitted, no water surface was exposed within the reclamation permit boundary prior to
January 1, 1981.
You have provided a monthly breakdown of the annual depletions for six months of operation
at this site. During this period there are 0.177 acre-feet of evaporative loss, 10.68 acre-feet of water
lost with the mined product associated with the mining of up to 362,000 tons of aggregate and 0.3
acre-feet of water used for dust control. No phreatophyte credit has been applied to this plan.
The proposed source of replacement for this pit is 12.81 acre-feet of fully consumable water
leased from the City of Louisville and made available at its wastewater treatment plant.A 15 percent
river transit loss is included in this amount.The long-term replacement requirement will be satisfied
through a bond with the Division of Mineral and Geology for backfilling. The monthly depletions and
replacement requirements are found on the attached table.
As required by Senate Bill 89-120 in Section 8, this substitute water supply plan has been
provided to an outside consultant for review. The consultant has recommended approval of the plan
by way of this letter. Based upon statutory requirements and the recommendations of the
consultant, I hereby approve the proposed substitute water supply plan in accordance with §37-90-
137(11), C.R.S. subject to the following conditions:
Mr. Peter Wayland Page 2
File Pit II
November 10, 2003
1. Unless otherwise revoked or modified, this plan shall be valid through May 31, 2005.
2. 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 this office with the statutory fee (currently$217)no later
than April 15, 2005.
3. A well permit must be obtained for the gravel pit in accordance with §37-90-137(2) and (11),
C.R.S. in conjunction with this plan. A well permit application was submitted to this office
under receipt no. 508393, and this application is pending evaluation. In addition well permits
must be obtained for the dewatering wells in accordance with §37-90-137(2) C.R.S. The
provisions of Colorado Revised Statute 37-90-137(2) prohibit the issuance of a permit for a
well to be located within 600 feet of any existing well, unless the state engineer finds that
circumstances so warrant after a hearing held in accordance with the procedural rules in
2CCR402-5. This hearing may be waived if you are able to obtain statements from the
owners of all wells within 600 feet, verifying that they have no objection to your use of the
proposed well. Should a new well permit be denied for reasons of 600 foot spacing, or any
other legitimate reason, approval of this substitute supply plan will be cancelled.
4. The total surface area of the groundwater exposed at the File Pit II site after December 31,
1980 must not exceed 0.30 acres resulting in 0.177 acre-feet per year of evaporative loss.
5. The annual water used for dust control at the File Pit II site shall not exceed 0.3 acre-feet,
and the total product mined at the File Pit II site shall not exceed 362,000 tons resulting in
10.68 acre-feet of water lost with product.
6. Total consumption at the pit(s) must not exceed these aforementioned amounts unless an
amendment is made to this plan.
7. The existing lease of the replacement water is evidenced by an agreement with the City of
Louisville dated October 3, 2003.A copy of the lease agreement has been furnished to this
office on October 20, 2003. All replacement water must be concurrent with depletions in
quantity, timing and location.
8. Approval of this plan is for the purposes as stated herein. This office must first approve any
additional uses for which the water may be used. Any future additional historic consumptive
use credit given (e.g., agricultural water transfer) for this site must consider all previous
credits given.
9. All pumping for dust control shall be measured in a manner acceptable to the division
engineer.
10.The replacement water that is the subject of this plan cannot be sold or leased to any other
entity. As a 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. All
replacement water must be concurrent with depletions in quantity, timing, and locations.
Mr. Peter Wayland Page 3
File Pit II
November 10, 2003
11. Adequate accounting of depletions and replacement must be provided to the division
engineer in Greeley(810 9'h Street, 2"' Floor, Greeley, Colorado 80631, 970-352-8712)and
the water commissioner(Bob Carlson, P. O. Box 380, Erie, Colorado 80516, 303-438-9303)
on a monthly basis or other interval acceptable to both of them. The accounting form
provided with your application is subject to modification and approval by the division
engineer. All amounts shall be in acre-feet.
12. 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.
13. If reclamation of the mine site will produce a permanent water surface exposing groundwater
to evaporation, an application for a plan for augmentation must be filed with the Division 1
Water Court at least three years prior to the completion of mining to include, but not be limited
to, long-term evaporation losses. The applicant shall backfill the pit above the water table
after the mining is complete.
14. Any delayed impact to the stream from the dewatering trenches and wells is to be offset by a
nearby existing well to function as a recharge well. The water pumped by the dewatering
wells shall be directly placed in the recharge well to offset lagged depletions to Boulder
Creek.
15. Applicant shall continue to replace all lagged depletions to the stream system in time,
location and amount. Applicant must have adequate accounting and demonstrate to the
water commissioner and the division engineer that all lagged depletions are being replaced.
When 95 percent of all depletions that remained at the time the mining ceased have
impacted the river, applicant may aggregate the last 5 percent into one month at the
direction and the discretion of the water commissioner and the division engineer.
16. This substitute water supply plan may be revoked or modified at any time should it be
determined that injury to other vested water rights has or will occur as a result of this plan.
17. Should this substitute water supply plan expire without renewal or be revoked prior to
adjudication of a permanent plan for augmentation, all excavation of product from below the
water table and all other use of water at the pit must cease immediately.
18. In accordance with amendments to§25-8-202(7), C.R.S.,and Senate Bill 89-181 Rules and
Regulations adopted on February 4, 1992,the State Engineer shall determine if the substitute
supply is of a quality to meet requirements of use to which the senior appropriation receiving
the substituted supply has normally been put. As such,water quality data or analyses may be
requested at any time to determine if the requirements of use of the senior appropriator are
met.
19. This substitute water supply plan shall have no precedential or evidentiary force, and does
not constitute an admission or statement of position in any other proceeding. This plan shall
not be in concurrence with any findings of fact or conclusions of law contained herein,orwith
the engineering methodologies used by the applicant.
Mr. Peter Wayland Page 4
- File Pit II g
November 10, 2003
Please contact loana Comaniciu in Denver at(303)866-3581,or Dave Nettles in Greeley at
(970) 352-8712, if you have any questions concerning this_approval.
/Sncerel ,
William H. Fro czak, P.E., J.D.
Chief of Water Supply
cc: Dave Nettles, Assistant Division Engineer
Bob Carlson, Water Commissioner District 2
Mark McLean, Tetra Tech RMC, Inc.
DMG
•
Mr. Peter Wayland
,— File Pit II Page 5
November 10, 2003
Farfrumwurkin LLLP-File Pit II
MONTHLY DISTRIBUTION FOR DEPLETION AND REPLACEMENT
REQUIREMENTS
(All values in Acre-Feet)
Water Lost Water Lost Total
Month Evaporative with the Mined for Dust Replacement City of Louisville
Depletions Product Suppression Water Required Lease Water
(Lagged) _
October-03 0.05 1.78 0.05 0.00 0.00
November-
03 0.03 1.78 0.05 0.05 0.18
December- 0.02 1.78 0.05 0.16 0.36
03
January-04 0.02 1.78 0.05 0.28 0.61
February- . 0.03 1.78 0.05 0.38 0.84
"r` 04
March-04 0.03 1.78 0.05 0.46 1.03
April-04 0.00 0.00 0.00 0.54 1.20 —
May-04 0.00 0.00 0.00 0.55 1.23
June-04 0.00 0.00 0.00 0.50 1.11
July-04 0.00 0.00 0.00 0.44 0.97 _
August-04 _ 0.00 0.00 0.00 0.38 0.85
September- 0.00 0.00 0.00 0.33 0.74
04 _
October-04 0.00 0.00 0.00 0.29 0.65
November-
0.00 0.00 0.00 0.26 0.58
04 L
December-
0.00 0.00 0.00 0.23 0.52
04
January-05 0.00 0.00 0.00 0.21 0.47
February-
05 0.00 0.00 0.00 0.19 0.43
March-05 0.00 0.00 0.00 0.18 0.39 _
April-05 0.00 0.00 0.00 0.16 0.36
Ma -05 0.00 0.00 0.00 0.15 0.29
Total 0.18 10.68 0.30 5.74 12.81
Notes: River Transit Loss is 15 percent from the City of Louisville wastewater
treatment plant to the site based on the information received from the water
commissioner.
Form No. OFFICE OF THE - IATE ENGINEER
GWS-25 COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St.,Denver, Colorado 80203
(303)866-3581
AUTH
WELL PERMIT NUMBER 60421 -F
APPLICANT DIV. 1 WD4 DES. BASIN MD
APPROVED WELL LOCATION
WELD COUNTY
1/4 NW 1/4 Section 32
FARFRUMWURKIN LLLP Township 2 N Range 68 W Sixth P.M.
11811 UPHAM ST#12 DISTANCES FROM SECTION LINES
BROOMFIELD, CO 80020- Ft.from Section Line
Ft. from Section Line
(303)404-3225 UTM COORDINATES
PERMIT TO EXPOSE WATER IN A PIT Northing: Easting:
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that
no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2,unless approval of a variance has
been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-90-137(2)and(11)for the construction and operation of a well(gravel pit ground water pond)in accordance
with the temporary substitute water supply plan approved by the State Engineer on November 10,2003,for the File Pit II site. The well(pond)
shall not be operated unless it is included in a substitute water supply plan approved by the State Engineer or a plan for augmentation
approved by the Water Court. The water supply plan for this pit is currently valid through May 31,2005 and if it is not extended or if a court
.i^ decree is not entered for a plan for augmentation,this well permit is null and void and diversion of ground water from this well must cease
immediately.
4) This well is subject to administration by the Division Engineer in accordance with applicable decrees,statutes,rules,and regulations.
5) The total surface area of the gravel pit ground water pond is limited to 0.30 acres exposed after January 1, 1981.No additional water surface
shall be exposed unless a permit therefor is approved.
6) The use of ground water is limited to 0.177 acre-feet of evaporative loss, 10.68 acre-feet of water lost with the mined product(based on
362,000 tons of aggregate),and 0.3 acre-feet of water used for dust suppression.No other use of water is allowed unless a permit therefor is
approved.
7) The owner shall mark the well in a conspicuous place with well permit number(s)and court case number(s)as appropriate. The owner shall
take necessary means and precautions to preserve these markings.
8) Pursuant to Policy 2000-4(as amended October 1,2002)of the State Board of Examiners of Water Well Construction and Pump Installation
Contractors(Board),the minimum construction standards in Rule 10 of the Water Well Construction Rules shall be waived for gravel pit ground
water ponds except compliance with Rule 10.1 and its subsections 10.1.2, 10.1.4. 10.1.6 and Rule 10.2 and its subsection 10.2.1 is required.
The owner of the gravel pit shall take necessary means and precautions to prevent contaminants from entering the gravel pit ground water
pond.
9) Pursuant to Policy 2000-4(as amended October 1,2002)of the Board, the disinfection standards of Rule 15 of the Water Well Construction
Rules shall be waived and the water well construction report requirement of Rule 17 shall be waived,except compliance with Rules 17.1.4,
17.3 and 17.4 is required.
10) The boundaries of the gravel pit ground water pond shall be more than 600 feet from any existing well constructed in the same source,that is
not owned by the applicant,except for the well for which a 600-foot spacing waiver statement was obtained on June 17, 1999.
11) Pursuant to Policy 20004(as amended October 1,2002)of the Board,no pumping equipment shall be installed in the gravel pit ground
water pond to withdraw water for any beneficial use,unless a separate written request for a variance has been approved by the Board.
NOTICE:This permit has been approved for a change of the"township"indicated in the permit application to reflect the actual location of
the gravel pit. You are hereby notified that you have the right to appeal the issuance of this permit,by filing a written request with this office
within sixty(60)days of the date of issuance,pursuant to the State Administrative Procedures Act.(See Section 24-4-104 through 106,C.R.S.)
APPROVED I� Z . jjalifil/a
I` State Engineer By
Receipt No.0508393 DATE ISSUED 11-10-2003 EXPIRATION DATE 11-10-2004
ATTACHMENT A
�-. Table A4. Lagged Stream Depletion and Replacement Delivery Schedule
(1) (2) (3) (4) (5) (6)
Volume of Total Monthly
Elapsed Depletion per Fraction Normalized to Replacement
Calender Time Step of total total Volume Delivery
Month [months] [acre-ftl [acre-ft] [acre-ft] [acre-ft]
Oct-03 1 0.002 0.000 0.004 0.005
Nov-03 2 0.053 0.009 0.102 0.117
Dec-03 3 0.161 0.028 0.313 0.360
Jan-04 4 0.275 0.048 0.533 0.613
Feb-04 5 0.375 0.065 0.729 0.838
Mar-04 6 0.462 0.081 0.897 1.032
Apr-04 7 0.535 0.093 1.039 1.195
May-04 8 0.550 0.096 1.069 1.229
Jun-04 9 0.499 0.087 0.969 1.114
Jul-04 10 0.436 0.076 0.846 0.973
Aug-04 11 0.379 0.066 0.737 0.847
Sep-04 12 0.332 0.058 0.645 0.742
Oct-04 13 0.293 0.051 0.569 0.654
Nov-04 14 0.261 0.045 0.506 0.582
Dec-04 15 0.234 0.041 0.454 0.522
Jan-05 16 0.211 0.037 0.410 0.471
/" Feb-05 17 0.192 0.033 0.372 0.428
Mar-05 18 0.175 0.031 0.340 0.391
Apr-05 19 0.161 0.028 0.312 0.359
May-05 20 0.148 0.026 0.288 0.331
5.734 11.136 12.806
Notes:
(1) =Calender Month
(2) = Elapsed Time
(3)=Volume of Lagged Depletion from Model Output per Step
(4) = (3)/5.734
(5) =((4) '(11.136.5.734)) +(3)
(6) = (5)+ 15%Transit Loss
r.'
l�-
September 23, 2003
Mr. Dan Mathes
Water Resource Engineer
City of Louisville
749 Main Street
Louisville, CO 80027
Subject: Lease of Reuse Water.
Dear Mr. Mathes:
This is to confirm our agreement regarding the transfer of NCWCD C-BT Project water
controlled by Farfrumwurkin, LLP to Louisville in exchange for Reuse Water Discharged to Coal
Creek by Louisville.
1) FARFRUMWURKIN, LLLP will transfer 12.8 AF of C-BT Project water to the City
of Louisville in 2004. This is at a 1:1 ratio of reuse water to C-BT water. A CD-4
NCWCD transfer card will be presented to the City upon execution of this agreement.
2) In exchange, Louisville will deliver fully consumable, reusable water into Coal Creek
at a point upstream of Section 10, Township 1S, Range 69W of the 6`h P.M., to meet
the requested needs of FARFRUMWURKIN,LLLP, at discharge rates detailed in the
attached Exhibit A. Monthly deliveries will be made on the last day of the month.
3) FARFRUMWURKIN, LLLP is responsible for transit losses and for assuring
delivery of the Reuse Water down Coal Creek and Boulder Creek to the required
point of return.
4) FARFRUMWURKIN, LLLP is responsible for the required approval from the State
Engineers Office and will provide the City with a copy of the approval.
ed to as4 f the _day ofC'C2003.
isle /1/1A 1C;igQ 1/12I AJ L.C.-
FARFRUMWURKIN, LLLP
Water Resource Engineer
City of Louisville
Attachment
6.4.8 Exhibit H -Wildlife Information
6.4.8.1 WILDLIFE HABITAT CHARACTERISTICS
Ecological characteristics of the site were determined during a field
reconnaissance on April 28, 2004. The proposed permit area is currently
managed for agriculture. There are several small fields planted in wheat, hay,
alfalfa, and trees. There are also two fallow fields. Approximately 10-acres on
the northern end of the site is highly disturbed by current mining activities. The
site contains a single wetland totaling 1.7 acres. The wetland is dominated
primarily by cattails (Typha sp.) and teasel (Dipsacus fullonum)
There are five ponds on the site. Two of which were dry during the April 28
reconnaissance. The two dry ponds were associated with a wetland. Two of the
remaining ponds each have a narrow band of wetland vegetation along their
banks. The remaining pond appeared to be ephemeral. It was on the edge of a
fallow field and had no vegetation associated with it.
6.4.8.2 COMMON WILDLIFE SPECIES IN THE AREA
When water is present, the ponds on the site provide loafing and feeding habitat
for waterfowl and other aquatic birds. The most common waterfowl that use the
site are mallards (Anas platyrhynchos) and Canada geese (Branta canadensis).
Other aquatic birds that may use the site include great blue herons (Ardea
herodias), American white pelicans (Pelecanus erhthrorhynchos), and California
gulls (Larus califorincus). A wide variety of other aquatic birds are likely to use
.—� the ponds during spring and fall migrations. A great blue heron was observed
flying over the site during the April 28, reconnaissance. Canada geese and a tern
(Sterna sp.) were observed on a pond just north of the site at County Road 3 'A
and 1650 Rd. Nesting opportunities for aquatic birds are poor, because
adequate cover is lacking in the proposed permit area.
Upland portions of the site are agricultural fields and an existing gravel mine.
These areas provide habitat for a variety of common upland species such as lark
bunting (Calamospiza melanocorys), western meadowlark (Sternella neglecta),
and deer mouse (Peromyscus maniculatus). Nesting habitat quality for upland
birds is considered low, because harvest schedules are likely to cause nest
failures. The agricultural fields also provide a potential forage source for deer
(Odocoileus sp). The landowner has reported that deer occasionally feed on the
site (File, 2004).
Large trees that would provide potential raptor nest sites are not present on the
site. However, raptors may hunt over the site. Red-tailed hawks (Buteo
jamaicensis)were observed in the project vicinity during the April 28
reconnaissance.
6.4.8.3 THREATENED AND ENDANGERED WILDLIFE SPECIES
Three wildlife species listed as threatened or endangered by the U.S. Fish and
Wildlife Service (USFWS) and one candidate for listing potentially occur on or
near the site. The listed species include two threatened species, Preble's
File Pit 112 DMG Permit Application
Page 13 of 27
6.4.8 Exhibit H —Wildlife Information
meadow jumping mouse (Zapus hudsonius preblei) and bald eagle and one
endangered species, black-footed ferret (Mustela nigripes). The candidate for
listing is the black-tailed prairie dog (Cynomys ludovicianus). A candidate for
listing is a species for which the USFWS has concluded that listing is warranted.
However, listing activities for the species are precluded by other, higher priority
listing activities. The USFWS reviews this decision annually. Candidate species
have no formal protection under the Endangered Species Act. However, they
are of concern because they could potentially be proposed for listing prior to the
start of mining.
Preble's meadow jumping mouse (PMJM) occupies dense herbaceous
vegetation, usually with a shrub and/or tree overstory in riparian areas, and is
known to feed in upland areas up to 300 m from the riparian habitat (USFWS,
2004). Potentially suitable PMJM habitat is not present within the proposed
permit area.
Bald eagles nest in large trees, usually near a large body of water that provides a
source of fish, the species main food source (Snow, 1973). They tend to return
to the same nest site year after year adding on to the nest each year(Snow,
1973). No large trees typically used by bald eagles were observed during on-site
surveys. Therefore, it is unlikely that bald eagles nest on or the site. During the
winter Colorado is occupied by many bald eagles that nest further north.
. Essential winter habitat includes communal overnight roost sites. Communal
roosts are trees used by several eagles at a time throughout the winter. No trees
suitable for communal roost sites are present within the proposed permit area.
During the winter bald eagles feed on a wide variety of food including carrion and
small to medium sized birds and mammals. However, fish are still the preferred
food source (Steenhoff, 1978). Bald eagles wintering in Colorado are frequently
seen away from water particularly near prairie dog towns where they will feed on
prairie dogs (Andrews and Righter, 1992). No prairie dogs are present on the
site, but there are some just west of the site. Bald eagles probably hunt over the
project site. However, cover on the site is poor and prey is scarce. Better
hunting opportunities are present west of the site. Bald eagles hunt over large
areas and the proposed permit area is a small portion of a bald eagle's foraging
area.
Black-footed ferrets are obligate inhabitants of prairie dog towns (USFWS, 1989).
Black-footed ferrets use prairie dog burrows for dens and their diet consists
almost entirely of prairie dogs (Fagerstone, 1987). No prairie dogs are present
on the site.
Black-tailed prairie dogs are colonial burrowing rodents. They construct large
mounds of dirt at their burrow entrances, which are very visible. Therefore, it is
relatively easy to determine black-tailed prairie dog presence or absence. No
black-tailed prairie dogs are present on the site.
File Pit 112 DMG Permit Application
Page 14 of 27
6.4.8 Exhibit H —Wildlife Information
6.4.8.4 POTENTIAL EFFECTS
The project will affect some individual small mammals and songbirds that live on
the site. However, species using the site are relatively common and the habitat
types present are common in the project vicinity. Because the same habitat
types occur on adjacent and other properties in the area, the same wildlife
species probably occur on these lands. Therefore, populations of wildlife species
using the project area are unlikely to be significantly affected by mining activities.
The project is unlikely to affect PMJM, because suitable habitat for this species is
not present in the project area.
The project is unlikely to affect bald eagles, because nesting, roosting and
perching habitat is not present, and potential food sources on the site are scarce.
The project is unlikely to affect black-footed ferrets, because this species habitat
for this species is not present within the proposed permit area.
The project will not affect black-tailed prairie dogs, because none are present in
the project area.
6.4.8.5 REFERENCES
Andrews, Robert and R. Righter. 1992. Colorado Birds. Denver Museum of
�-. Natural History. Denver, Colorado.
Fagerstone, K. 1987. Black-footed ferret, long-tailed weasel, short-tailed
weasel, and least weasel. pp:548-573. In: Novak, M., J.A. Baker, M.E.
Obbard, and B. Malloch (Eds). Wild Furbearer Management and
Conservation in North America. Ontario Trappers Association and Ontario
Ministry of Natural Resources. Toronto, Ontario.
File, J. 2004. Personal communication between P. Davis Senior Scientist,
Weiland, Inc. and J. File, Landowner. April 28, 2004.
Snow, Carol. 1973. Habitat management series for endangered species Report
No. 5 southern bald eagle Haliaeetus leucocephalus leucocephalus and
northern bald eagle Haliaeetus leucocephalus alascanus. Technical Note T-
N-171. U.S. Bureau of Land Management. Service Center. Denver,
Colorado.
Steenhoff, Karen. 1978. Management of wintering bald eagles. FWS/OBS-
78/79. U.S. Fish and Wildlife Service. Washington, D.C.
U.S. Fish and Wildlife Service. 1989. Black-footed ferret survey guidelines for
compliance with the Endangered Species Act. U.S. Fish and Wildlife Service.
Denver, CO and Albuquerque, NM.
U.S. Fish and Wildlife Service. 2004. Preble's meadow jumping mouse (Zapus
hudsonius preblei) survey guidelines. Revised April 2004. U.S. Fish and
Wildlife Service, Colorado Field Office. Lakewood, CO.
File Pit 112 DMG Permit Application
Page 15 of 27
6.4.10 Exhibit J —Vegetation Information
6.4.10.1 EXISTING VEGETATION TYPES
Vegetation in the study area is mostly crops, including wheat, alfalfa, irrigated
hay, and trees. About 13 acres is a wet pasture (See Exhibit C), which contains
several areas dominated by wetland vegetation, primarily Nebraska sedge
(Carex nebraskensis) and Baltic rush (Juncus balticus). However, hydrologic
conditions in the pasture during a May 7, 2004 site visit were not typical of
wetlands. Wetland conditions in the pasture are apparently supported by
irrigation. A 1.7-acre marsh is present on the west boundary of the proposed
permit area adjacent to the abandoned railroad bed (See Exhibit C). About 1.1
acres of this wetland are within the proposed permit area. Vegetation in the
marsh is dominated by cattails (Typha spp.), with limited amounts of teasel
(Dipsacus fullonum) present around the wetland margins.
6.4.10.2 PRODUCTIVITY
Table 6 (below) presents the potential primary productivity within the permit area
based on native vegetation that occurs on the soil types present. Two soil types,
Olney fine sandy loam, 0 to 1 percent slopes and Vona sandy loam, 1 to 3
percent slopes, are almost always used for irrigated agriculture. Productivity of
native vegetation is not presented for these soil types (USDA Soil Conservation
Service, 1980). See Exhibit C for a map of soils within the permit area.
Table 6. Vegetative productivity (Source: USDA Soil Conservation Service,
A~ 1980).
Soil type Productivity in Favorable Productivity in
Years (lbs/ac) Unfavorable Years
(lbs/ac)
Aquolls and Aquepts,
flooded 4,000 3,000
Olney fine sandy loam, 0
to 1 percent slopes Not Available Not Available
Olney fine sandy loam, 1
to 3 percent slopes 2,200 1,800
Olney fine sandy loam, 3
to 5 percent slopes 2,200 1,800
Otero sandy loam, 3 to 5
percent slopes 2,200 1,800
Otero sandy loam, 5 to 9
percent slopes 2,200 1,800
Vona sandy loam, 1 to 3
percent slopes Not Available Not Available
Vona sandy loam, 3 to 5
percent slopes 2,200 1,800
Table 7 (on the following page) presents yield per acre for irrigated alfalfa under
a high level of management in 1975, for the soil types in the study area. Note
File Pit 112 DMG Permit Application
Page 17 of 27
6.4.10 Exhibit J —Vegetation Information
that Aquolls and Aquepts, flooded is rarely used for irrigated alfalfa and yields are
not available for this soil type (USDA Soil Conservation Service, 1980).
Table 7. Yield per acre for irrigated alfalfa on the soil types in the project
area (Source: USDA Soil Conservation Service, 1980).
Soil type Yield (tons/ac)
Aquolls and Aquepts, flooded Not Available
Olney fine sandy loam, 0 to 1 percent
slopes 5.5
Olney fine sandy loam, 1 to 3 percent
slopes 5.5
Olney fine sandy loam, 3 to 5 percent
slopes 4.0
Otero sandy loam, 3 to 5 percent
slopes 4.0
Otero sandy loam, 5 to 9 percent
slopes 3.0
Vona sandy loam, 1 to 3 percent
slopes 4.5
Vona sandy loam, 3 to 5 percent
slopes 4.0 •
r
6.4.10.3 THREATENED AND ENDANGERED PLANT SPECIES
The project site is within the range of one threatened plant species, Ute ladies'
tresses orchid (Spiranthes diluvialis). Potentially suitable habitat for this species
is present in the wet pasture. A presence/absence survey will be performed in
late July or August.
6.4.10.4 REFERENCES
USDA Soil Conservation Service. 1980. Soil Survey of Weld County, Colorado
southern part. USDA Soil Conservation Service in Cooperation with
Colorado Agricultural Experiment Station. Greeley, Colorado.
File Pit 112 DMG Permit Application
Page 18 of 27
6.4.11 Exhibit K- Climate
Table A9. Period of Record General Climate Summary
-Temperature and Precipitation
Weather Station: :(055116)LONGMONT 2 ESE
Period of Record: From Year 1948 to Year 2000
Month Mean Temperature[F] Mean Rainfall[in]
January 26.9 0.40
February 31.7 0.38
March 37.9 1.10
April 47.0 1.70
May 57.0 2.47
June 66.3 1.74
July 72.0 1.13
August 70.0 1.25
September 61.1 1.24
October 49.9 1.33
November 36.9 0.68
December 29.9 0.46
Source:Western Regional Climate Center
Table updated on Jun 4,2001
For monthly and annual means,thresholds,and sums:
Months with 5 or more missing days are not considered
Years with 1 or more missing months are not considered
Seasons are climatological not calendar seasons
File Pit 112 DMG Permit Application
Page 19 of 27
6.4.12 Exhibit L— Reclamation Costs
A significant amount of the reclamation will occur concurrently with mining and
therefore that portion of earthmoving has not been included in calculation of the
bond amount. There will be no more than 100,000 yd3 of overburden and topsoil
stockpiled at any given time. The costs table shown below is based on the single
largest area open
DIRECT COSTS
DIRECT
NO. TASK DESCRIPTION TASK HOURS COST
001 Backfilling &Slope Grading 0.5:1 TO 3:1 75 $8.953.50
002 Topsoil replacement NA $26,390.00
003 De-watering filled pit NA $2,262.00
004 Place compacted clay liner material $0.80/cv NA $30,960.00
005 Clay liner moisture conditioning, blending, grading, etc. NA $3,870.00
006 Clay liner QA/QC NA $1,277.10
007 Re-vegetate areas surrounding excavation NA $13,216.00
008 Mobilization/ Demobilization of Reclamation Equipment NA $1,000.00
SUBTOTALS 75 $87.928.60
TOTAL DIRECT COST= $87.928.60
INDIRECT COSTS .
OVERHEAD AND PROFIT
009 Liability insurance @ 1.55%of direct costs $1,362.89
010 Performance bond @ 1.05% of direct costs $923.25
011 Job superintendent costs, 5.5 hrs @$33.88/hr $186.34
012 Profit @ 10%of direct costs $8,792.86
TOTAL O&P= $11,265.34
CONTRACT AMOUNT $89,193.94
(direct+O&P) =
PROJECT MANAGEMENT
13 Engineering work and/or contract/bid preparation @ 4.25% of contract. $4,215.74
014 Reclamation management and/or administration @ 5% of contract. $4,959.70
TOTAL INDIRECT COST= $20,440.78
TOTAL BOND AMOUNT= $119,634.73
File Pit 112 DMG Permit Application
Page 20 of 27
6.4.13 Exhibit M - Other Permits and Licenses
• Section 404 — L 404 Nationwide permit for the low water crossing at
Boulder Creek has been applied for and is in process.
• A CDPHE discharge permit has been applied for and is in process
• A Well Permit With the Colorado State Engineers office has been applied
for and is in process.
• An APEN with CDPHE air quality control will be applied for.
File Pit 112 DMG Permit Application
Page 21 of 27
6.4.14 Exhibit N — Legal Right to Enter
"^ Land Owners Within 112 Permit Mining Boundary
Location Relative
to Mining Area* Parcel NumberOwner
East 131332300038 Nelson, Ray L. & Company LLP
West 131331000036 Schell, Kenneth L. & Judith Ann
South 131332300039 Farfrumwurkin LLP (Pit Owner)
*See Exhibit C
A complete list of owners is provided in Exhibit C, Sheet 1 or 2.
File Pit 112 DMG Permit Application
Page 22 of 27
LEGAL RIGHT TO ENTER
This document constitutes a legal right for Jon File and FARFRUMWURKIN LLLP to enter
property located in the East 1/2 of the SE 14 Section 31 2N 68W of the 6PM owner by myself
for the purpose of mining and exploration of the sand and gravel and associated activities.
Signed:
byenneth Schell, Owner
Subscribed and sworn to before me this ��'-� day of . ,,{, h_(. ,.
Witness my hand and official seal.
My commission expires: c_.;/)1/JEL_— sotailmimmis
4),)cflhc,04, ,
_
STATE OF COLORADO
6-9
County of (Di i I ^,1 x_4,CN O T A R y I _
t
' _f lotatrPublic — S�9:P V B L I C OO
LEGAL RIGHT TO ENTER
This document constitutes a legal right for Jon File and FARFRUMWURKIN LLLP to enter
property (Parcel # 131332300038 owner by the Ray L. Nelson & Co. LLP which I Ralph E.
Nelson am a partner for the purpose of mining, exploration of the sand and gravel and
associated activities.
Signed:
/�o lI E ' lc.a....e.,..-17, A-- }/1.1.1--
By Ralph Nelson, Partner /
ea-
Subscribed and sworn to before me this 9"� ._day of ...4 I �,i , . 2003
7%
Witness my hand and official seal. �!
My commission expires: v/J' 'l L)% L • —' -
STATE OF COLORADO )) omo" 'wo„
County of - �i .l ,_i, _ � .t,
tcsOTAgyO=_
C__. —Notary ublic —— �»+—
S4,
d'F"n0\3;2#r
6.4.16 Exhibit P— Municipalities Within Two Miles
There are no municipalities within two miles
File Pit 112 DMG Permit Application
Page 23 of 27
6.4.17 Exhibit Q— Proof of Notice to County Commissioners and Soil
Conservation
.r`
File Pit 112 DMG Permit Application
Page 24 of 27
Doi tits/i
n ua to atltl4 A:tUM: 46FROM-WEIILAND IN
LONGMONT USDA...-. PAGE 01/01
30343608E9 T-238 P.OlO/010 F-888
AFFIDAVIT OF RECEIPT
State of Colorado
County of Boulder
BEFORE ME, a representative of the Boulder Valley Soil Conservation District,
3 �
on this day of _ , 20 p. , Did receive
a fax copy of"Notice of Filing Application for Colorado Mined Land Reclamation
Permit," and attached copy of application form for File Pit 112.
Cielizt/iXE (=sa00.
Signature ,
`
ame(Prbfited)
6.4.18 Exhibit R— Proof of Filing with County Clerk and Recorder
AFFIDAVIT
A copy of the permit application and exhibits for the File Pit Regular 112 c
Construction materials has been placed with the Weld County Clerk and
Recorders office by Peter Wayland of Weiland, Inc.
Signed
Peter Wayland
File Pit 112 DMG Permit Application
Page 25 of 27
r out flV• J I VJJCVC4C 1', UI
^
^
JUL-11-2004 01:2TPM FROM-NtILA11L 2024710068 T-260 P.002 F-IIT
AFFIDAVIT OF RECEIPT
State of Colorado •
County of J eeldl,
BEFORE ME, a n:i resentative of Saari of County Commissioners of Weld
County, on this , /14:4C day of Cary- , 201 Did
receive a fax copy 17f"Notice of Filing Application for Colorado Mined Land
Reclamation Fannie and attached copy of application form for File Pit 112.
•
n r iv
M �2
rn �T
O '9
CA s,.
0-
�� �p •
Stet- ,11;i:�viteetZe/J.2
Signature
feetIA/e,K
Name(Printed)
Jun-u4-[uu4 rK1 IU:36 AM WEI CO GOUT FAX NO. A1)3520242 P. 01/01
JIM-OD-1004 12:0IPM FN0NKILAND INC 0014880069 T-240 P.010/010 Fill
,r.
AFFIDAVIT l)F RECEIPT
State of Colorado •
County of Weld
BEFORE ME, a representative of Board of County Commissioners of Weld
County, on this gri day of Iff l/ 40 , Did
receive a fax copy of"Notice of Filing Application for Colorado Mined Land
Reclamation Permit," and attached copy of application form for File Pit 112.
•
ture
Name (Printed)
73 o
m
n i o
o W z
1v
6.4.19 Exhibit S— Permanent Man Made Structures
Permanent Structures within 200 ft
The following structures have been located on Exhibit S and corresponding
numbers can be found on the drawing or in the legend.
1. Texas Tea, LLC, Nelson No. 5.
2. Encana Nelson, "E" Unit No. 1.
3. Texas Tea, LLC, Nelson No. 2. (Bought out).
4. Encana Nelson, Unit No. 12-32.
5. Texas Tea, LLC, Nelson No. 1a.
6. Encana Flowline servicing "Encana Nelson, Unit No. 12-32".
7. Texas Tea Flow Line servicing "Texas Tea, LLC, Nelson No. 1a".
8. Texas Tea Flow Line servicing "Texas Tea, LLC, Nelson No. 2".
(To be removed)
9. Encana Flowline servicing "Encana Nelson, "E" Unit No. 1.
10.Texas Tea Flow Line servicing "Texas Tea, LLC, Nelson No. 5".
(To be relocated)
11.Kerr-McGee High Pressure Gas Line. (To be relocated)
12.Encana High Pressure Gas Line. (To be relocated)
13.Kinder Morgan High Pressure Gas Line
14.United Power Overhead Electric
Owners of Oil and Gas structures were contacted during the design of the mine
plan and all verbally agreed to allow mining as close a s 10 ft from flow lines, 75
ft from wells with the understanding that backfilling will occur within 2 weeks to
give 20 ft from flow lines and 150 ft from wells.
Owners of Structures have been contacted via mail and agreements are in
process. All Letters of Correspondence regarding structures have been
enclosed.
File Pit 112 DMG Permit Application
Page 26 of 27
unrlo'cuuv jUc UJ•JI l"II LfUt1P UILOUnJ\UJn u m, rnn nth ICUO)UJ UU I . VC
E1iNCANAI.
EnCana Energy Resources Inc.
950 1'Ih Street •. 1303)C23-2x00
September I I, 2003 Stifle 2X)0 w. i3031 ns-%am
Uenver CI)USA H0,107
Mr. Jon f lie www Mrcni gi.awn
Managing Partner
FARFRUMWURKIN, LLP
11811 Upham Street, #12
Broomfield,CO 80020
RE Federal NOAA 11-321 Oil and Gas Well
T2N R6BW
Sec.32:NWNW
Ray Nelson 12-321 Oil and Gas Well
T2N, R68W
Sec.32: SWNW
Weld County,Colorado
Dear Mr. File:
This Later Agreement dated September 11, 2003 is made by and between the undersigned,
F 4RFRUMWURKIN,LLLP,a Colorado Limited liability Partnership,whose address is
11811 Upham Street, #12,Broomfield,CO 80020, herein called"OWNER",and EnCana
Energy Resources Inc.,950-17'" Street, Suite 2600,Denver,Colorado 80202, herein called •
"linCana";
This Letter Agreement has been prepared to be executed by both parties to indicate that both
Parties have agreed to the placement of the gas Bowlines for the above described wells. EnCana
agrees to restore said surface as near as practical to its original contour, indicate said flow line
route with markers,and will locate said flowlines for OWNER upon request.
EnCana agrees to provide an"as-buik survey completed and provided to OWNER.
OWNER agrees that the placement of the Bowlines is in accordance with OWNER'S
requested locations.
This Letter Agreement shall be binding upon and inure to the benefit of the heirs,successors and
assigns of the panics,and may be executed in counter parts. r eat_
_
PrJPla` e„ /1- 37- l5 Locara+l "Mr"• rs Fee^
OWNER: (eewtr.l , . S 4.! Ity After rift' Sec 3a a N Lb &aar
RUMWURKIN,LLLP
���
•
J i e. M Partner
��� NA GY OURCES INC.
r^` A-140 - -F-1- ?111
trans*J EK Iry Cavaiscn...... n;.Manta
Tint IV CUUY tut: Vd• at 111 LnLTY.O VI LaVI10 WOflr Lill/ ITfl IIV. I CVOS,VVV I . VJ
il
NR. COIL. OF THE
NW. 1/1 OF SEC. 33. N d9456'4% W S 89•'_E'27" E S 89'503." F. 268956' .—. . a.
T 2 N R. 68 W.. 6TH M lir
133350' 1333.64'
no. 2 1/2" PIPE WITH NW. COB OF THE NE. COR. OF THE
3 1/4' BRASS CAP I E. 1/2 OF THE i NE, 1/a OF SEC. 3J,
STAMPED: "Bill 1952' Flovllne - NW 1/4 Of SEC. 33. I T. 2 N. R. 68 W., 6TH P.M. u
0.7- ABOVE SURFACE IF
Fed NO -4 T. 2 N., R. 68 W. 6TM P.M. END. 46 REBAR WITH ...-
• -4.- FNO. 06 REBAR WITH NO CAP 0.8' BELOW SURFACE v'
4117 TYWUNE co 2 1/2- ALUMINUM CAN ATTACK 3 1/e ALUMNI)", Q"..._
CT r' STAMPED: "PUS '1434 1994' CAP LS 13155 C
05. BELOW SURFACE I o a
ti I�RANGf BOX NW. CDR. OF THE Li v
�" NE. 1/4 OF SEC. 33, s
f � TANK BATTERY 1a T. 2 N. R. 68 W, 6TH P.M. `"'
FNO. 96 REBAR WITH
• 2 1p- ALUMINUM CAP OT $'
g J4JX'5flNC
C`,I C WELL STAMPED: "PL5 1143: 1994' u'
o f z t o FLUSH WITH SURFACE I
C1 o Toe Nelson I,. ^r
�� WELL NO.
—
CULTIVATED 12-32R z LOT 'A' h
LAND i SEC. 32 LOT e' I
8244158' W N 89'45'31*A_ S 8945'21' E 2688.37_ �,
1340.61' 1340.60
SW. OR. OF THE ':W. COR. OF THE NW. CDR. THE
NW. 1!4 Of SEC. 33, NE. 1/4 OF SEC. 13, SW. 1/4 0 SEC. 33.
T. 2 IF.. R. 68 W. 6Th P.M. 1. 2 N., R. 68 W, 6111 P T. 2 N., R. W., 6TH P.M.
fRO, :' 1/2' PPE IND. 45 REBAR WITH • chi). 2' PIPE TH
3 1/4' BRASS CAP I ALUMINUM CAP 1/2.' BRASS
STAMPED: 'ELM 1952' I FTAMPED: "PUS 20673 PEEL 'BUM 1952'
0.4' BELOW GROUND I 1992" FLUSH WITH SURFACE 1. ' BELOW D -,..h.,
sh
se. CCR. OF THE c
E. 1/2 OF THE
NW 1/4 OF SEC. 33. s
T. 2 N. R. 68 W.. 6TH P.M. '
n
FNO. 70' WITAESS CDR.'
2 26 WITH
1/2" UMMUM CAP I g
STAMPED: 'PL523500 3000'
FLUSH WITH SURFACE I
r _ — _ _ _ _
400 ,MID 2000
r I
1 ill, :10001
W®[MIXT a NOAA & NELSON GAS LINE EXHIBIT
nen am=N6.
REAM MOW=
.1.r rd. R1WE ,6-10-oT au4E irtL NOAA & NELSON GAS LINE EXHIBIT
BUR MERRICK: NW 1/&SEC 32,T. 2 N.,R. 68 W.,6TH P.M.
••I• RLV—t WIMING NW Ism N6
Eversa.sta
/'^ ` 24,0 Sown Prom Strom w..,.I1.r. Cairn*. AM0t4 \ - ^ GAS E%HIBILDWG 1 OF t
Due to tor^ scannia technoit,
11111 11111 III 11111 belt 111111 Mot ill!X111 certain co�orc r ru
1 3053e67 04/1812003 03:38P Weld County.CO
1 0l 2 R 11.00 0 0.00 Steve Moreno Clerk&Recorder
SURFACE DAMAGE AGREEMENT
THIS AGREEMENT,dated effectively this 18th day of March 2003 is made
by and between the undersigned.FARFRUMWURKIN, LLLP, a Colorado Limited
liability limited Partnership, whose address is 11811 Upham Street#12 Broomfield,
CO 80020,herein called"OWNER' and EnCana Energy Resources Inc., 950-17'"
Street.Suite 26(X) Denver,Colorado 80202.herein called"EnCana".
WHEREAS,OWNER represents that they are the surface owners and in
possession of an interest in cart or all of the surface estate (or the following described
lands in Weld County,Colo'ado,said land herein called"LANDS",
o wit:
Township 2 North Rene 68 P.M.
SecliuH I
WHEREAS,EnCana has or will acquire certain leasehold interests in the oil and
gas mineral estate in the LANDS and proposes to conduct drilling and subsequent
production operations on the LANDS:and
WHEREAS,OWNER and EnCana desire to minimize any surface damage to the
LANDS and to reach an agreement regarding such surface damage.
NOW,THEREFORE,in consideration of ten dollars and other valuable
consideration,the sufficiency of which is hereby acknowledged,the parties agree as
follows:
I. Prior to commencement of drilling operations,EnCana shall pay OWNER the
following sum as full settlement and satisfaction of all damages growing out of,incident
i^ to.or in connection with the usual and customary exploration,drilling and completion
operations,unless otherwise specifically provided herein:
fwo Thousand Five Hundred Dollars($2,500.00)tar the wellsite located on the
LANDS in which OWNER owns the surface estate,together with any lands used for• roads purposes,pipelines and Bowlines in connection with the wellsite.
II,by mason directly resulting from the operation of EnCana.there is damage to
crops. real or personal property upon the LANDS which is not associated with the usual
and customary drilling operations,such as(but not limited to)damage to livestock.
structures,buildings,fences.culverts,cement ditches,irrigation systems,and natural
water ways,such damage will be repaired or replaced by EnCana,or EnCana will pay
reasonable compensation to OWNER for such additional damage.
D. If requested by OWNER,prior to heavy equipment operations on each
wellsite,EnCana-s representative will meet and consult with OWNER for
OW NER's representative)as to the location of the wellsite.access roads.
and Bowline.
1 . In conducting operations on the LANDS.EnCana shall:
A. Limit the size of each wellsite to approximately 375 feet by 350 feet
during the original drilling and completion operations and shall limit
the future site to he no more than 1/8 acre during other periods.The
existing access road will be used for the drilling operations and
permanent access until OWNER has constructed new roads for the P'•- F `a
future lakes and subdivisions(which EnCana agrees not cones; "thick'`t
development of the properties covered under the original lea .�).g TA4L' ate'
EnCana shall have the right to access their wellsite over the w•
ttaad S
which shall he a minimum of 30 feet in width. . z
'. q \C°40°51
`tF0F rr• _
Ikl Ccarian Expel WAZTh
1111111111111111111 Ii lvii I T 111111 III Hill iii IIII
3053867 0411812003 03:38P Weld County, CO
2 0l 2 R 11.00 D 0.00 Steve Morena Clerk b Recorder
Nelson 12-32,J Well •
�-^ Page 2
B. Separate the top soil at the time of excavation of pits so that the top soil and
subsurface soil may be placed back in proper order as nearly as possible.
C. Reclaim the wellsite as nearly as practicable to its original condition and if the
locations arc in pasture,reseed the location with native grasses.Weather permitting;
reclamation operations shall be completed within three months following drilling and
subsequent related operations, unless EnCana and OWNER mutually agree to
postponement because of crep or other considerations.
D. Use its best efforts to keep the well site free of weeds and debris.
4. OWNER agrees is waive the minimum thirty-day written notice requirement
described in the Notice Letter provided by EnCana to OWNER when it initially gave
notice of its intent to drill on the LANDS.
5. When the word"EnCana"is used in this Agreement,it shall also mean the
successors and assigns of EnCana Energy Resources Inc.,including but not limited to its
employees and officers,agents,affiliates,contractors,subcontractors and/or purchasers.
6. This agreement shall be binding upon and inure to the benefit of the heirs,
successors and assigns of the parties.
OWNER agrees to waive any timing restrictions to drill this well contained in •
any of the original vesting oil and gas leases.
AGREED TO AND ACCEPTED AS OF THE DATE FIRST WRITTEN ABOVE.
OWNER: $TATF f1F COLORADO rni INTV
FARFRUMWURKW, LLLP M th %Y i••• igtej '
_-` i �Hil'W . '4C .}13.2
pers.,�al� eared be pr, a
Jon File,Managing Partner the "^dJ( ?':i[::9 ebove trument,whq-duly
Tax I.D. Number ;., t o.e
°ti nth,�' )cc,cu ihesl me,
rFOF COt•OP'- nlota
My • ;n• � y;;tear
e�y
000s' � J
ENCANA NERGY RESOURCES INC.
By:
Feb 2¢ 04 09: 23p 3032'7'" 620
FROM M,ct.del L. Blake. P.C.
ptip•E ta0. : 3037907219 Feb. 26 2004 00:25RM P1
AfiBLESMISAT
1'LUts+iNf: ANn sRANDO�NT-nF
riMEN I OF OIL AND GAS
THIS this F day
FOR PLUGGINGb AND��Texas Tea of Colorado,LLC,a
WELL is made ia day of any whose - PMBC-344,Golden,Colorado
Colorado limited liability company whose address is 601 16th Street
"Texas Tea"),and FARFRUMWURK1N,LLLP, a Colorado Limited Liability
80401Limited Partnership
#12, Broomfield, Colorado 80020
Partnership whose address is i 1811 Upham Street.
(hereinafter"Owner")
RECITALS
WHERF SS,Texas Tea is the owner of that certain oil and gas wen known as the Nelson
#2 Well(hereinafter the"Well")situate in the NW 114/SW 114,Section 32,Township 2 North,Range
68 West,County of Weld,State of Colorado(hereinafter the"Land")and is the Lessee of the oil and
gas lease pertaining
thereto(hereinafter the"Lease"), all as more fully described in Exhibit "A",
attached hereto and made a part hereof and
WHEREAS,Owner is the surface owner of a portion of the Land and desires to develop its
portion of said Land;:Ind
WHEREAS,Owner desires to have Texas Tea permanently take the Well out of production
and to plug the Well in order to further develop said Land,and Texas Tea agrees to take the Well
out of production and to plug the Well;
NOW sTHEREFORE,in consideration the foregoing premises and the mutual covenann
valuable consideration.,the sufficiency of which
and agreements herein stated,.and other good
is hereby acknowledged,the parties hereto agree as follows:
1. Payment of Consideration. Owner shall pay to Texas Tea the stun of Forty Thousand
and 00/100 Dollars ($40,000.00) in cash, check or certified funds contemporaneously with the
execution of this Agreement• as consideration for the agreements of Texas Tea hereunder. Said
funds shall be considered earned monies of Texas Tea upon payment and nonrefundable.
2. P.6A of the Wells. Upon sixty(60)days written notice from FARFRUMWURKIN
requesting the same,Texas Tea agrees to permanently plug and abandon the Well under Texas
LLLPo pc
Tea's bonds and/or permits,including but not limited to the following workplugging andpermanent
abaidonntent of the Well;disconnecting,capping off and removing any Bowlines from the Well as
necessary following all Colorado Oil and Gas Conservation Commission("COGCC")and county
policies and regulations related to plugging and permanent abandonment of the Well,and removing
the egtapiacnt to be retained by Texas Tea(collectively the"P&A work").Texas Tea shall also clean
up any environmental damage caused during the plugging and abandonment of the Well;the site
surface reclamation of the Wells,and Bowlines following all Colorado Oil and Gas Conservation
Commission("COGCC")(eollectively the"Site Reclamation").Texas Tea shall obtain all necessary
/%
FROM : Michael L. Blake, P.C. PHONE C. : 3037907219 Feb. 26 2004 00:26RM P2
permits, licenses and approvals for the P&A work and the Site Reclamation. Owner shall pay
directly,or immediately reimburx Texas Tea for,all costs of the P&A work. Such costs of the P&A
work shall be competitively bid,and the parties hereto shall agree in advance of the P&A work on
the contractor to be used for the P&A work. Texas Tea shall pay the cost of the Site Reclamation
Notwithstanding the foregoing,in no event shall Texas Tea be required to begin the P&A work prior
to February 28,2005.
3. Relocation of Fapilities. In the event that it is determined by FARFRUMWURKIN's
ertgmeers that an oil ante!gas collection line or road needs to be relocated or an oil and gas well needs
to be elevated to accommodate FARFRUMWURKIN reservoirs and gravel mine.
FARFRUMWURKIN will give Texas Tea not less than one(1)year's written notice of its intention
to do so and not less than thirty(30)days written notice of the beginning of any such work. The
parties agree to cooperate in scheduling and the scope of any such work. Any such work desired to
be performed by FARFRUMWIIRICIN shall be done at FARFRUMWURKIN's sole cost and
expense through a qualified wrmactor selected by FARFRUMWURKIN with Texas Tea's approval,
such approval not being unreasonable withheld. Any replacement oil and gas collection line shall
be of high strength poly pipe or other material approved by Texas Tea equal to or greater than the
diameter and strength of the collection line it replaces. In the event that any roads are relocated,
FARFRUMWURICIN shall keep reasonable access open to any of Texas Tea's existing wells,and
shall replace any road moved with a road of similar quality to the road replaced.
FARFRUMWURKIN shall restore the ground surrounding any elevated wells to their pee-existing
condition and replace any corroded or damaged pipes or fittings at the well head with new parts to
prevent future failure of any well that is elevated.
4. Reservoirs Texas Tea agrees to not contest the application of FARFRUMWURKIN
for a 112 Mining Permits or other applicable permits as required to construct its reservoirs on the
. Property. The boundaries of any reservoir constructed by,FARFRUMWURICIN shall not be located
any closer that a minimum of one hudred-fifty(150)feet from any of Terns Tea's wells or closer
than those distances front any of Texas Tea's o"1 and gas facilities on the Property as allowed by
applicable state and federal stances and/or regulations.
5. Ownership of Prrtperties. The Well,the Irasr and all equipment at the Well shall
remain the sole property of Texas Tea.
6. Operation of the Well Prior to the P&A work. Texas Tea may continue to operate
and maintain the Well in a reasonable operator manner and retain all proceeds therefrom until the
beginning of the P&A work in accordance with recognized industry standards and in full compliance
with applicable leasesglaws, rules and regulations of appropriate local, state, and federal
governmental authorities. Such operation and maintenance of the Well shall not unreasonably
interfere with Owner's,or its successors or assigns,use of the surface and subsurface of the Lands,
and Owner's use of the surface and subsurface of the Lands shall not unreasonably interfere with
Texas Tea's operation and maintenance of the Well.
2
7
rca CD uY uu; c-r+ auoc / Jocu - - --
FROM : Michael L. Blake, P.C. PHONE NO. : 3037907219 Feb. 26 2004 00:27fM P3
7. Pctmsncnt abingtonment Upon completion of the P&A work hereunder,Texas Tea
agrees that is shall never use or ttola.n either of the Well or drill another well on the that portion of
the Land currently owned by Owner or otherwise use the surface of that portion of the Land
currently owned by Owner in the future without the express written consent of Owner. Not
withstanding the foregoing,nothing in this Agtcement shall be corratirued expressly or by implication
to prevent Texas Tea from drilling an additional well or wells on other portions of lands covered by
the Lease or from operating its existing oil and gas wells and related facilities located on those lands
covered by the Lease. Additionally, FARFRUMWURKIN shall not interfere with Texas Tea's
continued operation of its other oil and gas operations conducted on the Land or under the Lease.
including but not limited to interference with Texas Tea's relationships with governmental agencies.
8. Indemnification
a. texas Tea agrees to indemnify,defend and hold harmless Owner,its affiliates,
members,managers,employees,agents,representatives,assigns and successors from and against
any and all claons,liabilities,losses,costs and expenses(including,without limitation,court costs
and reasonable attorneys'fees)that are attributable to the Well and other asses described herein and
that are based upon acts or omissions which arise prior to the completion of the P&A work and the
Site Reclamation (including,without limitation,liability for damage to property,or injury to or the
death of any person arising prior to the completion of the P&A work and Site Reclamation).
b. Owner agrees to indemnify,defend and hold harmless Texas Tea its affiliates,
members,managers,employees,agents,representatives,assigns and successors from and against
��. any and all claims,liabilities,losses,costs and expenses(including,without limitation,court costs
and reasonable attorneys'fees)that are attributable to the Well and other assets described herein and
that arc bused upon acts or omissions whielttarise after the completion of the P&A work and the Site
Reclamation,including but not limited to damage caused by Owner,it assigns,agents,contractors,
successors,or representatives(and including,without limitation liability for damage to property,or
injury to or the death of any person arising after the completion of the P&A work and Site
Reclamation).
9. Entire Agrcemmnt. This Agreement and exhibits thereto constitutes the entire
understanding between the parties with respect to the subject matter hereof and all prior agreements.
whether written or oral, are merged herein. This Agreement shall not be amended except upon
agreement in writing duly executed by both parties.
10. Waiver. The failure of either party to this Agreement to insist upon the performance
of any of the terms and conditions of this Agreement,or the waiver of any breach of any of the turns
and conditions of this Agreement,shall not be construed as thereafter waiving any such terms and
conditions,but the same shall continue and remain in full force and effect as if no such forbearance
or waiver had occurred.
3
Vt
/1,
Feb 26 04 09: 24p 30327a3 620 auaci^cu r. .
FROM : Michael L. Blake. P.C. PHONE N0. : 3037%7219 Feb. 26 2004 ee:27AM P4
11. Force Majeure.
a. 1f, because of force majeure, either party is unable to carry out its non-
financial obligations under this Agreement,and if the party affected by the force majeure promptly
gives to the other party written notice of the force rnajeure,the obligation of the party giving the
notice shall be suspended to the extent made necessary by the force majeure and during its
continuance, provided the effect t of the force majeure is eliminated insofar as possible with all
dispatch.
b. The term "force majeure" shall mean any cause or causes which materially
prevent the performance of tie obligations arising under this Agreement and which arc not
reasonably within the control of and are without the fault or negligence of the non-performing party,
and shall include,without limitation by enumeration,acts of God,acts of public enemy,blockades,
insurrections,riots,disorders,civil disturbances,fires,explosions,storms,lightning,wind,perils of
the sea,goods,landslides,boycotts,sabotage,embargoes,acts of military authorities, acts of local,
state of federal agencies or legislative and regulatory bodies,court actions,arrests or restraints. •
c. The parties shall use all reasonable means of avoiding the occurrence of any
of the foregoing items of force majeure. Nothing contained herein shall be construed so as to require
a party toSettle any strike or labor dispute in which it may be involved.
12. Noticca. Any notice provided for or concerning this Agreement shall be in writing
and be deemed sufficiently given when sent by certified or registered mail if sent to the respective
r..-, address of each party as set forth herein above.
13. Attorney Fees. In the event that any action is filed or an arbitration is held in relation
to this Agreement,the succcssf.l party in the action.or arbitration shall be entitled to its reasonable
attorneys fees and costs related to such action.
14. jtelatiopchip of the Parties. The relationship of the panics to this Agreement is
limited to the purposes and transactions contained herein in accordance with the terms of this
Agreement. Nothing contained herein shall be construed to create a general partnership,a limited
partnership,a joint venture,or any other similar relationship between the parties.
15. Headings. Paragraph headings are used solely for convenience of reference only and
shall not affect the construction of any provision of this Agreement.
16. Sevexatility. Should any provision of this Agreement or the Assignments be held to
be void or unenforceable,the remaining provisions shall remain in full force and effect,to he read
and construed as if the void or unenforceable provisions were deleted.
17. Qrgyereing Law. This Agreement shall be governed by the laws of the State of
Colorado.
4
/^
l
i V
/ /
Feb 26 04 09: 25p :30:127 bcu
FROM : Michael L. Blake. P.C. PHONE N0. : 3037907219 Feb. 26 2004 ee:28RM P6
EXII?BIT"A"
LEASE.AND PROPERTY DESCRIPTIONS
Attached t and Made and between eennTeex s TeaOption
LLC,and FARFRUMW URK1N,LLLP dated
greement for Sale and Purchase of Oil
and Gas Leases and Well by
February ,2004.
WEL4'COUNTY.STATE OF COLORADO
TOWNSHIP 2 NORTH.RANGE 68 WEST_WELD COUNTY.COLORADO
WELL NAMES: Nelson#1,CA,A,#2,#3,#4, 
LEASE INFORMATION:
LESSOR: Ray L Nelson& Margaret E. Nelson.husband&wife
LESSEE: Martin J.Freedman
LEASE DATED: May 6, 1.976
RECORDED Book:766 Page: 1688170
DESCRIP'i1ON: Township 2 North Range 68 West,6th P M
Section 31: E/2NE/4 lying south and east of the railroad right-of-way,
containing 2 acres,more or less.
Township 2 North.Range 68 West.6th P.M
Section 32:Wf2NW/4,SW/4,N/2SEJ4 except beginning at E. 1/4 corner of
• section,then W. along the centerline of section 1484.5',then S. 25* 46 E.
1460.8',then N. 89° 22' E. 866.4',thence N. 0° 45' W. 1306.0' to point of
beginning.
Limited in depth from surface of the earth to the base at the Shannon
formation. Rancho Partnership,Ltd.,expressly reserved all right,title
and interest in and to the wells and spacing units fir the Nelson"E"Unit
41 & hi wells in that certain Agreement, Assignment and Bill of Sale
between itself and Robert D. Reed dated December 20, 1995 and
recorded February 7, 19%, at Reception No.2475427, B-1531, P-281,
Weld County, Colorado, Clerk and Recorder and in that certain
Ag eeraeat,Assignment sad Bill of Sale between itself and Cheyenne Oil
Properties dated August 3, 1995 and recorded August 29, 1995, at
Reception No.2453244,B-1508,P-797,Weld County,Colorado,Clerk
and Recorder.
6
Feb 26 04 09: 25p 3032739S;;,u
FROM Michael L. Blake. P.C.
P`IONE NO. : 3037907219 eb. 26 201)4 00:28RI.1 PS
The pa[uei,and ee m of them,represent and arrant that they arc to Good
it. S : Y in the Slate of Colorado and their respective
and duly qualified to conduct horsiness to do w;the execution and
sanding this Agreement below are fully empoweredvalidly
representatives executingffr coca edgby,bavebeenduly
and performance of this Agreement and�e aatvctioa
authorized and castlene boding ohm 'MSS.
c.ccwrs aadAs9t as- The tams,covenants,and conditions hereof bind end inure
19. _eve successors and assigns.
to the benefit of the panics hereto and decry nspan
The pities hereto agree that a memorandum of this
20. RC°I'uli Owner at the office of the Oak and Recorder
Agreement suitable for recording may be recorded by
far the County of Weld upon exe ubar of this Agreementthe panics,
21. Facsimile Sivoacusa. Facsimile signatures of this Agreement stall have the same
force and effect as original signatures. .
IN WITNESS WHEREOF, the parties heaeto have caused this Agreement to be duly
shall cantina a single instrument,by their
r respective
d in multiple n Lives theret wheny au together,d,as of the day and year first written above.
respective representatives tlie+eumtd duly arnhaiaad-
TEXAS TEA OF COLORADO,LLC FARFRUMWURKIN,LLLP Cli�-^ r:'„t-- ��---- By: (� ` .� , <....(-w-�
By.
Robot Parker.Manager Title: f 1 t_.o_� ^'1 /
7tg,6er 7/. 17ARA-E/L Did hen:by appear and subscribed and sworn to before me this net day of
i'g —, 2004
_-\\�34 1I.y band and official seal. My commission expires: /-'2'/- P-OO s
.�e:
-.7 ••syl11 c
4 . 0 TAR). p t yy 4A
i STATE OF CO1A' +s O) //I/1
i •
I N , Public
•
Ill . pUBUG •Ap 5
11%.%),‘ OF C O`t--5 �/J
My - ,i -:,• /e Did hereby appear and subscribed and sworn to before me this o2s1" day of
//, •2004 5
--.;�i�"NN hand and official seal. My commission expires: /- a f—O2O-O 5. -
'I
\.• . - - : • 45'Ili
i't. ��7 •.'f�,11 f -�--'
ATft+tlF�kO •' i a) " f
/^ e - tart'Public
r
t •
lll... "usuC .- S ;/ij
11
P_
t1 N. Off_
My Commission Ercires 012v2rnc
W iI Weiland, Inc.
Environmental Fc Engineering
May 13, 2004
•
Environmental Support for:
Tim Atwater
Kinder Morgan • Transportation
•370 Van Gordon St.
P.O. Box 281304 • Land Development
•
Lakewood, CO 80228-1579
• Mining
•
Re: Proposed File Gravel Pit •
RIndustry
Dear Mr. Atwater:
Please be advised that FARFRUMWURKIN LLLP, 1163 Oakhurst Drive, Broomfield,
• Colorado 80020 has filed an application for a Reclamation Permit with the Colorado Mined
Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the
• Extraction of Construction Materials.
The proposed operation is known as the File Gravel Pit. The applicant's property is located
on approximately 69.2 acres in the SE ''A of Section 31, on 160 acres in the SW 'A of
Section 32, on 47.3 acres in the N 'A of the SE 'A of Section 32, and on 37.6 acres in the W
IA of the NW 'A of Section 32, Township 2 North, Range 68 West, of the 6'" Prime Meridian.
The Colorado Division of Minerals and Geology requires notification to owners of permanent
man-made structures within 200 feet of the affected land. The pit excavation in this case
defines the affected land. The pit area is the actual limit of excavation as shown in the
• enclosed Mining Plan Map, Exhibit C. The proposed excavation comes within 200' of Kinder
• Morgan's pipeline that lies within the ROW of WCR 3 'A. but does not encroach on the
Kinder Morgan structure.
The Division of Minerals and Geology Construction Materials Rule 6.4.19 (a) requires that
the applicant
•
provide a notarized agreement between the applicant and the person(s) having an
•
interest in the structure, that the applicant is to provide compensation for any
damage to the structure;
We are requesting that Kinder Morgan provides us with a notarized letter stating that
Farfrumwurkin, LLP shall be responsible for compensating Kinder Morgan in the event of
any damage to Kinder Morgan structures as a result of the proposed mining operation in this
area. Thanks for your assistance.
•
incerely,
William Klawitter, P.E.
•
End: Exhibit C — Mining Plan Map
10395 Colfax Ave.. Suite 350. Lakewood. CO 90215
ph 303-436-0951 fax 303-436-0953
ry
W Si Weiland. Inc.
Environmental & Engineering
May 11, 2004
Environmental Support for.
Dale Hayhurst
ETranEncana Energy Resources, Inc. •
sportation
1313 Denver Avenue, Building 1
Fort Lupton, CO 80621 •
FLand Development
• Mining
Re: Proposed File Gravel Pit
• Industry
Dear Mr. Hayhurst:
Please be advised that FARFRUMWURKIN LLLP, 1163 Oakhurst Drive, Broomfield,
• Colorado 80020 has filed an application for a Reclamation Permit with the Colorado Mined
Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the
• Extraction of Construction Materials.
The proposed operation is known as the File Gravel Pit. The applicant's property is located
on approximately 69.2 acres in the SE '/. of Section 31, on 160 acres in the SW Y. of
Section 32, on 47.3 acres in the N % of the SE V. of Section 32, and on 37.6 acres in the W
'/s of the NW 1/.of Section 32, Township 2 North, Range 68 West, of the 6111 Prime Meridian.
• The Colorado Division of Minerals and Geology requires notification to owners of permanent
man-made structures within 200 feet of the affected land. The pit excavation in this case
defines the affected land. The pit area is the actual limit of excavation as shown in the
enclosed Mining Plan Map (Exhibit C).
The proposed excavation will encroach upon the existing Encana gas line that crosses the
west pit excavation as shown in Exhibit C. Farfrumwurkin LLLP would like to enter into an
• agreement with Encana to relocate this pipeline at some point after mining operations in the
north portion of the west pit are completed. The pipe would be relocated to circumvent the
proposed pond that will be created by the mining operation. Additionally, the proposed
excavation will be temporarily offset 75' from a future Encana well in this area and
• reclamation will provide backfill to increase the proposed pond's permanent offset to 150'
from the future Encana well.
• We would also like to request that Encana provides us with a notarized letter indicating that
all expenses to relocate the Encana structure and compensation for damage to any Encana
structure as a result of the proposed work will be incurred by Farfrumwurkin LLLP.This letter
meets the provisions of the Division of Minerals and Geology Construction Materials,
Section 6.4.19 (a). Thanks for your assistance.
Sin rely,
William Klawitter, P.E.
• End: Exhibit C — Mining Plan Map
10395 Colfax Ave.. Suite 350. Lakewood. CO 90215
ph 303-436-D951 fax 303-436.D953
W IWeiland. Inc_
Environmental E Engineering
May 11, 2004 Environmental Support for.
• Transportation
Bill Meier • Land Development
United Power, Inc.
- 18551 E. 160th
•
P.O. Box 929 Mining
Brighton, CO 80601 • Industry
Re: Proposed File Gravel Pit
Dear Mr. Meier:
Please be advised that FARFRUMWURKIN LLLP, 1163 Oakhurst Drive, Broomfield,
Colorado 80020 has filed an application for a Reclamation Permit with the Colorado Mined
Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the
Extraction of Construction Materials.
The proposed operation is known as the File Gravel Pit. The applicant's property is located
on approximately 69.2 acres in the SE % of Section 31, on 160 acres in the SW V. of
Section 32, on 47.3 acres in the N %z of the SE 'h of Section 32, and on 37.6 acres in the W
• %of the NW' of Section 32, Township 2 North, Range 68 West, of the 6t1 Prime Meridian.
The Colorado Division of Minerals and Geology requires notification to owners of permanent
. man-made structures within 200 feet of the affected land. The pit excavation in this case
defines the affected land. The pit area is the actual limit of excavation as shown in the
enclosed Mining Plan Map, Exhibit C. The location of United Power's overhead lines and
power poles in relation to the proposed limit of mining is provided with this exhibit. It is the
intent of the File Pit owners to create a minimum offset distance of 40' between the pit
excavation limits and any United Power utility structure in the area
The Division of Minerals and Geology Construction Materials Rule 6.4.19 (c) requires that
Where such a structure is a utility, the Applicant may supply a notarized letter, on utility
letterhead, from the owner(s) of the utility that the mining and reclamation activities, as
proposed, will have "no negative effect"on their utility.
We are requesting that United Power, Inc. provides us with a notarized letter so that the
applicant can meet the requirements of this rule. Thanks for your assistance.
Sincerely, 4.-iL_
William Klawitter, P.E.
• End: Exhibit C— Mining Plan Map
• 70395 Colfax Ave.. Suite 350. Lakewood CO 80215
ph 303-436-0951 fax 303-436-0953
W S Weiland. Inc.
Environmental & Engineering
May 13, 2004
Environmental Support for,
Matt Miller
Kerr McGee • Transportation
1999 Broadway
Suite 3600 • Land Development
Denver, CO 80202 • Mining
Re: Proposed File Gravel Pit •
RIndustry
Dear Mr. Miller
Please be advised that FARFRUMWURKIN LLLP, 1163 Oakhurst Drive, Broomfield,
Colorado 80020 has filed an application for a Reclamation Permit with the Colorado Mined
Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the
Extraction of Construction Materials.
The proposed operation is known as the File Gravel Pit. The applicants property is located
on approximately 69.2 acres in the SE ' of Section 31, on 160 acres in the SW '/ of
Section 32, on 47.3 acres in the N 3 of the SE Y of Section 32, and on 37.6 acres in the W
% of the NW ' of Section 32, Township 2 North, Range 68 West, of the 6'" Prime Meridian.
The Colorado'Division of Minerals and Geology requires notification to owners of permanent
man-made structures within 200 feet of the affected land. The pit excavation in this case
defines the affected land. The pit area is the actual limit of excavation as shown in the
enclosed Mining Plan Map, Exhibit C.
The proposed excavation will encroach upon the existing Kerr McGee pipeline located on
the northwest edge of the site as shown in the exhibit. Farfrumwurkin LLLP would like to
enter into an agreement with Kerr McGee to relocate this pipeline approximately 75'
northwest as shown in the exhibit. All expenses to relocate the Kerr McGee structure will be
incurred by Farfrumwurkin LLLP.
The Division of Minerals and Geology Construction Materials Rule 6.4.19 (a) requires that
the applicant:
Provide a notarized agreement between the applicant and the person(s) having an interest
in the structure, that the applicant is to provide compensation for any damage to the
structure;
We would like to request that Kerr McGee provides us with a notarized letter indicating
Farfrumwurkin, LLP's obligation to provide compensation in the event of any damage to Kerr
McGee structures as a result of the proposed mining operation. Thanks for your assistance.
Sincerely,
th
. William Klawitter, P.E.
70395 Colfax Ave.. Suite 350. Lakewood CO 80215
ph 303-438-0951 fax 303-435-0953
AFFIDAVIT OF INTENT TO SETBACK 200 FT FROM ANY PERMANENT MAN-
MADE STRUCTURE SURROUNDING THE FILE PIT 112
FARFRUMWURKIN LLLP agrees to provide information sufficient to demonstrate
that the stability of any structure(s) located within 200 ft of the operation or
affected lands will not be adversely affected or FARFRUMWURKIN LLLP will
provide a notarized agreement between FARFRUMWURKIN LLLP and the
person(s) having an interest in the structures, that FARFRUMWURKIN LLLP is to
provide compensation for any damage to the structure(s).
Signed
•
Jo File, Managing Partner
Subscribed and sworn to before me this l? � day of 4, , 2004
Witness my hand and officia Seal
My Commission Expires /�-c. `a t`
•
STATE O CO RADO
County of
No ary blic
Hello