The URL can be used to link to this page

Browse Search

Home My WebLink About20050683.tiff Applegate Group, December 27, 2004 Weld County Department of Planning Services 1550 North 17th Avenue Greeley, CO 80631 RE: Addendum to Application for Sand and Gravel Mining Operation, USR-1350 To Whom It May Concern: Aggregate Industries-WCR, Inc. is submitting the following information and attached material as an addendum to the pending application for a Mining Use by Special Review Permit application (USR-1350). The application is for lands located in portions of Sections 25 and 36, Township 1 North, Range 67 West, and a portion of Section 30, Township 1 North, Range 66 West, of the 6th P.M., all in Weld County Colorado. The operation will be known as Wattenberg Lakes. In June 2001, a Weld County Use by Special Review permit application was submitted to the Department of Planning Services for the Aggregate Industries' proposed Wattenberg Lakes project. The application and related materials were considered complete and a hearing before the Weld County Planning Commission was held October 16, 2001. In response to Planning Commission concerns, Aggregate Industries requested that the hearing be continued. The concerns were largely based upon referral comments the County had received from the U.S. Fish and Wildlife Service (USFWS) and the U.S. Environmental Protection Agency (EPA) regarding the Clean Water Act Section 404 permit application through the Army Corps of Engineers (COE). Upon recommendation of Planning Staff, the Planning Commission voted unanimously to continue the matter indefinitely to provide ample opportunity for the 404 permit related issues to be resolved prior to the Planning Commission Hearing. Aggregate Industries has diligently worked with the COE, USFWS, and the EPA since October 2001 to address their concerns. Through this process, the finally accepted extraction area has been modified from the plan previously submitted with the pending USR application. However, the modifications have not resulted in an expansion or enlargement of the originally proposed extraction area, but rather a reduction of disturbance to jurisdictional wetlands and acreage to be mined. The permit boundary has not changed from that which is indicated in the pending USR-1350 application. The enclosed Cover Sheet, Extraction Plan Map, and Division of Minerals and Geology permit application, which received approval by the Mined Land Reclamation Board on November 17, ,- 1499 West 120th Avenue, Suite 200 (303)452-6611 • Fax(303)452-2759 Denver, Colorado 80234-2759 2005-0683 www.applegategroup.com •rN•wuweaar3r+3d Weld County Planning Aggregate Industries-WCR,Inc.-Wattenberg Lakes USR-I 350 Addendum Page 2 2004, reflect the modifications resulting from the 404 permit process. The following restates the narrative segment of the application requirements as included in the pending application, with modifications consistent with the Cover Sheet, Extraction Plan Map, and approved DMG permit noted in bold type. 1. The completed application form along with the application fee is attached. A new application form is not attached. Please note the following change of address for the applicant: Aggregate Industries— WCR, Inc. 1707 Cole Boulevard, Suite 100 Golden, CO 80401 2. A summary of the mining operation is presented below. For a detailed description of mining and reclamation methods, please see Exhibits C, D, E, and F in the attached DMG application materials. a. Equipment used at this site will be consistent with that used at other sand and gravel extraction operations in the County; however, there will not be any processing equipment at this site. Operational equipment may include but not be limited to: 1 Dozer 1 Excavator 4 Loaders 4 Scrapers 1 Compactor 1 Water Truck 2 Generators 2 Portable Toilets 1 Employee/Storage Trailer 1 Fueling/Lubricating Facility b. The maximum number of employees for the Wattenberg Lakes operation will be four (4). Two 8-hour shifts will operate Monday through Saturday from approximately 6:00 AM to 10:00 PM. c. The operation will be a dry pit. d. All employee vehicles will access the property from Weld County Road (WCR) 23%z approximately 0.75 miles north of WCR 2. Mining equipment will initially be brought onto the site from WCR 23%, but will not enter and exit on a daily basis. Aggregate materials will be removed using front-end loaders prior to being placed on a conveyor system. The conveyor will transport the material over the South Platte River to be processed at an existing DMG permitted mining site (DMG Permit Number M-89-120 and Weld County USR Permit Number USR-905) located immediately east of Wattenberg Lakes. All aggregate materials will be processed at the adjoining site and will be hauled from that site via WCR 6. Haul trucks will proceed east on WCR 6 to Highway 85. The applicant has been working with the county engineering staff, public works, and CDOT on improvements/upgrades to the Highway 85 intersection and that portion of WCR 6 to be utilized by this operation Weld County Planning Aggregate Industries-WCR,Inc.-Wallenberg Lakes USR-1350 Addendum Page 3 e. The Wattenberg Lakes special use permit boundary includes approximately 421 acres, of which 245 acres will be mined. There will be three mining phases consisting of six mining pits. Mining will begin in Phase I, as shown on Exhibit C of the DMG application materials, and then move to Phases II and III. f. The duration of the mining operation will be 8 to 12 years, depending on market demand. It is expected that the operator will excavate approximately 30 to 40 acres per year. This mining operation is intended to be a continuous operation with no significant cessation in mining. Please see Exhibit D of the DMG application materials for a more detailed discussion on the phasing of the project. g. The thickness of the sand and gravel deposit varies from 2 to 41 feet. The overburden and topsoil depth varies in thickness from 1 to 5 feet. h. The proposed use of the reclaimed land is for water storage and wetland mitigation. A full explanation of the reclamation process is described in Exhibit E and revisions to Exhibit E of the DMG application materials. i. The source of the technical advice for the water storage reservoir reclamation is Applegate Group, Inc. The U.S. Army Corps of Engineers and Applegate Group, Inc. and their subcontractors supplied information for the wetland mitigation. 3. A list of property owners within 500 feet of the Wattenberg Lakes permit boundary is provided on the cover sheet. The list includes names, addresses, and the corresponding parcel identification numbers assigned by the Weld County Assessors Office. 4. A list of the names and addresses of mineral owners and lessees of minerals on or under the proposed mine site, as assigned by the Weld County Assessors Office, is attached along with an Affidavit of Interest Owners— Minerals and/or Subsurface. 5. The following documents are enclosed: a. Reclamation plans, as submitted to the State of Colorado Division of Minerals and Geology (Exhibits E and F and revisions to Exhibits E and F). b. Information for obtaining water supplies for the mining operation is included in the DMG application materials, Exhibit G. c. Cross sections of drainage structures for access to County roads and the interior crossing of the Huett Ditch are shown on the attached Special Review Extraction Plan Map. d. The profile and typical cross section of interior haul roads is also included on the Special Review Extraction Plan Map. Weld County Planning Aggregate Industries-WCR,Inc-Wallenberg Lakes USR-1350 Addendum Page 4 6. This Use by Special Review application for a mining operation is consistent with the Weld County Comprehensive Plan. The Comprehensive plan allows for, and encourages, the extraction of sand and gravel deposits. CM. Goal 2 states that the County should promote the reasonable and orderly development of mineral resources. This application and accompanying materials clearly demonstrates compliance with this goal. All activities at the mine site will be guided by Mine Safety and Health Act (MSHA) and Occupational Safety and Health Act (OSHA) regulations. These requirements, along with the Weld County Comprehensive Plan, specifically Section 22-5-80, CM. Goal 4 which states "minimize hazardous conditions related to mining activities and the mining site", will minimize or eliminate the potential adverse impact of the operation on surrounding properties. The application is proposing setbacks, noise controls, dust controls and general site conditions that will help to comply with the goals and policies of the Comprehensive Plan. Reclamation activities will be concurrent with the mining operation to minimize the area of disturbance on the site as much as possible. Impacts to wildlife habitat will be minimized during the mining operation by maintaining setbacks from the South Platte River and adjacent wetlands. In addition, the water storage reservoirs proposed for the final reclaimed land use and the wetland mitigation within the South Platte River riparian zone could promote additional wildlife use of the area. 7. The Wattenberg Lakes site is located in the A (Agricultural) Zone District and mining is listed as a use allowed by special review under Section 23-3-40 of the Weld County Zoning Ordinance. 8. The Wattenberg Lakes site has a limited amount of prime agricultural ground. A majority of the property lies within the 100-year floodplain of the South Platte River, which limits the agricultural productiveness of the site. The area within the floodplain has historically been used as pastureland and for commercial tree farming. The extent of wetland areas also limits agricultural production on the site. 9. The protection of the health, safety and welfare of the neighborhood and Weld County inhabitants is being considered by the applicant. Possible fugitive dust emissions from the site will be minimized by watering and re-vegetation activities. Noise levels will comply with the requirements of the Weld County Health Department. Employees will access the site from only one direction. There will not be any haul truck traffic to or from the site. All material will be conveyored to an adjacent site for processing and shipping. Through measures taken by the Applicant, along with the Conditions of Approval and Development Standards as established by the County through the permitting process, the consideration of health, safety and welfare of Weld County citizens will be protected. • Weld County Planning Aggregate Industries-WCR,Inc.-Wattenberg Lakes USR-1350 Addendum Page 5 ., 10. Surrounding land uses are primarily agricultural in nature. Existing sand and gravel operations exist northeast, east, and south of the proposed operation. The unincorporated town of Wattenberg is located immediately to the north and the City of Brighton lies to the southeast. The South Platte River is located immediately east of the site. Compatibility with surrounding land uses will be assured by setbacks, noise limitations, and Conditions of Approval and Development Standards as established by the County. 11. Future development of the area is described as open space. This area is not within the boundaries of the Brighton Comprehensive Plan. Sand and gravel mining, and the reclamation plan that includes water storage and wetlands mitigation, is be consistent with the Weld County Comprehensive Plan. 12. The subject site is not located in a geologic hazard area or airport overlay district. However, the subject site does lie within a floodplain area. A flood hazard development permit will be submitted to adhere to all FEMA rules and regulations as described in Section 26 of the Weld County Zoning Ordinance. 13. Drinking water for the employees at the site will be bottled water. 14. Please see the Addendum to Exhibit N in the attached DMG application materials for the legal instruments identifying the applicant's interest in the property under consideration. In addition, a Right-to-Enter statement is attached for those portions of the property owned by The City of Westminster. 15. A noise report is not included, but will be provided if deemed necessary by the Weld County Planning Department 16. Other information determined necessary by the Board of County Commissioners or the Department of Planning Services will be provided upon request. Sincerely, Applegate Group,tnc. 7 7 '2 William Schenderlein, P.E. Project Engineer cc: AG File#00-107 AGGREGATE INDUSTRIES ^ WCR, INC. ss.. WATTENBERG LAKES WELD COUNTY USE BYSPECL4L REVIEW PERMIT APPLICATION ADDENDUM LOCATED IN WELD COUNTY, COLORADO b£. Prepared By: r'* Applegate Group,Ins. Consultants for Land,Minerals,and Water 1499 West 120th Ave.,Suite 200 Denver,Colorado 80234-2728 (303)452-6611 FAX:(303)452-2759 December 2004 AG#00-107 k€' File contains oversized Extraction Plan Map Please see Original File 41 REGULAR 112 OPERATION RECLAMATION PERMIT APPLICATION uy FOR WATTENBERG LAKES WELD COUNTY, COLORADO S AGGREGATE INDUSTRIES I"M1: 1707 Cole Boulevard, Suite 100 Golden, CO 80401 4 Prepared By: Applegate Group, Consultants for Land, Minerals,and Water 1499 West 120th Avenue, Suite 200 Denver, Colorado 80234-2728 July 2004 (303)452-6611 Fax: (303)452-2759 AG File No.00-107 STATE OF COLORADO DIVISION OF MINERA'S AND GEOLOGY /Aepanment of Natural Resources 13 Sherman St.,Room 215 C O L O RAD O Denver,Colorado 80203 DIVISION OF Phone:(303)866-3567 CONSTRUCTION MATERIALS MINERALS FAX:(303)832-8106 REGULAR(112)OPERATION GEOLOGY RECLAMATION PERMIT APPLICATION FORM RE CLAMATION•MINING EAFETr6CIENCE • Bill Owens Governor CHECK ONE: There is a File Number Already Assigned to this Operation Russell George Permit 4 M - - - (Please reference the file number currently assigned to this operatioh)erolive Director X New Application(Rule 1.4.5) Amendment Application(Rule 1.10) Ronald W.Carony Division Director Conversion Application(Rule 1.11) Natural Resource Trustee Permit# M - - - (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts:(1) the application form;(2)Exhibits A-S,Addendum I,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 IVORY ORIGINAL and one(1)copy of the completed Ivory application form, two(2)copies of Exhibits A-S,Addendum],appropriate sections of 6.5(Geotechnical Stability Exhibit,and a check for the application fee described under Section(4)below. Exhibits should NOT be bound or in a 3-ring binder;maps should be folded to 8 1/2"X 11"or 8 1/2"X 14"size. To expedite processing,please provide the information in the format and order described in this fora GENERAL OPERATION INFORMATION ^^ Type or print clearly,in the space provided,ALL information requested below. I. Applicant/operator or company name(name to be used on permit): Aggrega tP Tndn ctnLec - WCR Tnr 1.] Type of organization(corporation,partnership,etc.): Corporation 1.2 I.R.S.Tax I.D.No. or Social Security Number: _ 84-0404340 2. Operation name(pit,mine or site name): Wattenberg Lakes 3. Permitted acreage(new or existing site): 420.8 permitted acres 3.1 Change in acreage(+) — acres 3.2 Total acreage in Permit area 420.8 acres 4. Fees: 4.1 New Application $2,344.00 application fee 4.2 New Quarry Application $2,906.00 quarry application 4.4 Amm,.ndment Fee $1,938.00 amendment fee 4.5 Conversion to 112 operation(set by statute) $2.344.00 conversion fee 5. Primary commodities)to be mined: Aggregate 5.1 Incidental corumoditie(s)to be mined: I. n/a - Ibs/Tons/yr 2. / lbs/Tons/yr 3. / lbs/Tons/yr 4. / Ibs/Tons/yr 5. / lbs/Tons/yr 5.2 Anticipated end use of primary commoditie(s)to be mined: Construction materials 3 Anticipated end use of incidental commodities)to be mined: n/a Office of Office of Colorado Mined Land Reclamation Active and Inactive Mines Geological Survey 2 Name of owner of subsurface rights of affected land: Refer to Exhibit 0 If 2 or more owners,"refer to Exhibit O". 7. Name of owner of surface of affected land: Refer to Exhibit 0 8. Type of mining operation: X Surface Underground 9. Location Information: The center of the area where the majority of mining will occur. COUNTY: Weld PRINCIPAL MERIDIAN(check one): X 6th(Colorado) 10th(New Mexico) Ute SECTION(write number): S 25 TOWNSHIP(write number and check direction): T 1 X North South RANGE(write number and check direction): R 67 East X West QUARTER SECTION(check one): NE NW X 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): Approximately 1 mile northwest of Brighton — elevation 4940. 10. Primary future(Post-mining)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) X Developed Water Resources(WR) Solid Waste Disposal(WD) 11. Primary present land use(check one): Cropland(CR) X 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 Minim': Briefly explain mining method(e.g.truck/shovel): Wet and/or dry mining using scrapers, front-end loaders and back hoes to remove aggregate. 13. On Site Processing: Crushing/Screening 13.1 Briefly explain mining method(e.g.truck/shovel): Majority of material will be conveyed to another site for processing. Some temporary screening, crushing, and washing may occur on—site. List any designated chemicals or acid-producing materials to be used or stored within permit area: n/a -3- 14. Correspondence Information: APPLICANT/OPERATOR (name,address,and phone of name to be used on permit) Vice President and Contact's Name: Damian Murphy Title: General Manager CornpanyName: Aggregate Industries — WCR. Inc. Street/P.O.Box: 1707 Cole Boulevard, Suite 100 P.O.Box: City: Golden State: CO Zip Code: 80401 Telephone Number: f 303 1- 985-1070 Fax Number. ( 303 1- 716-534O PERMUTING CONTACT (if different from applicant/operator above) Contact's Name: Bill Schenderlein Title: Project Engineer Company Name: Applegate Group, Inc. Street/P.O.Box: 1499 W. 120th Avenue, Suite 200 P.O.Box City: Denver State: CO Zip Code: 80234 Telephone Number. ( 303 1- 452-6611 Fax Number: ( 303 )- 452-2759 NSPECTION CONTACT Contact's Name: Connie Davis Title: Land Resource Assistant Company Name: Aggregate Industries — WCR, Inc. Street/P.O.Box: 361 71st Avenue P.O.Box: 337231 City: Greeley State: CO Zip Code: 80613 Telephone Number: (970 )- 353-2005 Fax Number: (970 1 378-6856 CC: STATE OR FEDERAL LANDOWNER(if any) Agency: Street: City: State: Zip Code: Telephone Number: 1 1- CC: STATE OR FEDERAL LANDOWNER(ifanv) Agency: Street: City: State: Zip Code: Telephone Number. ( 1- -4 - _ Description of Amendment or Conversion: n/a If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s). Maps and Exhibits: Two(2)complete,unbound application packages must be submitted. One complete application package consists of a signed application form and the set ofnaps and exhibits referenced below as Exhibits A-S,Addendum 1,and the Geotechnical Stability Exhibit Each exhibit within 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(1)(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 EXHIBIT F Reclamation Plan Map EXHIBIT G Water Information EXHIBIT 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 EXHIBITS Permanent Man-Made Structures Rule 1.6.2(1)(6) ADDENDUM I -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)(6)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- ponsibilities 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. 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; CO2. 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; Q3. 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; 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 or Office; <„ 5. It is your responsibility to notify the Office of any changes in your address or phone number; 10 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 ColoradisMined Land Reclamation Board; and, c. the permit number. 0 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. 7.0 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- (t n 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 permit 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. 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 obli 'on. If do not understand your obligation then please contact this Office fora full explanation. /) A reportable spill is a spill of any toxic or hazardous substance(including spills ofpetroleum products)within the vi ed 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. If yo- ve questions about the Mined Land Reclamation Board and Office's review and decision or appeals process,you may conta. ate Office at(303)866-3567. -7- L..(Mention: As an authorized representative of the applicant,I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. To the best of my knowledge,all significant,valuable and permanent man-made structure(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.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(f),C.R.S.; 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 I misdemeanor pursuant to Section 18-8-503,C.R.S. This form has been approved by the Mined Land Reclamation Board pursuant to section 34--32.5-112,CRS,of the Colorado Land Reclamation for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any permit issued on the altered or mod fed form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32-123, CRS. cA. �-Y 2104 . S' d and dated this 14- J � day of 1 , ' Q T i0t.A.Si &5-VJC(Z, L •If Corporation Attest(Seal) Applicant/Operator or Company Name Si Signed: _ / AS-4 / Corporate Secretary or Equivalent Title: U t c z Pri S r OSN % Town/City/Count/Clerk Stale of f ir114l,(i ep ) ss. County of 44d2rt ) The foregoing instrument wa4cr owledged before / me this >7 day of ,2O 5 by 7226re as U,eb 6?1 a14Zsr� o �J - (Vic GIl • Notary Public My Commission expires: t7? 4-03 SIGNATURES MUST BE IN BLUE INK M:V®\smrt\vsfomsCam-mzdon II2.doc (05/26/2004) EXHIBIT A Legal Description A tract of land located in portions of Sections 25 and 36, Township 1 North, Range 67 West and Section 30, Township 1 North, Range 66 West of the Sixth Principal Meridian, Weld County, State of Colorado as described in the attached description. The proposed permit boundary includes approximately 421 acres. Wattenberg Lakes DMG 112 Permit Page/ WATTENBERG LEGAL DESCRIPTION Legal Description prepared for Camas Colorado from surveys prepared by others and Epp & Associates, Inc. Those prepared by others have not been field verified. A tract of land located in portions of Section 25, 30 and 36, Township 1 North, Range 67. West of the 6th P.M., Weld County, Colorado, more particularly described as follows: Beginning at the center of said Section 25, said point being the northwest corner of the southeast quarter of said Section 25; thence along the East—West centerline of said Section 25, North 89°26'39" East 1166.74 feet; thence North 01°51'01" West 968.66 feet; thence South 89°45'40" East 238.62 feet; thence North 86°09'42" East 200.29 feet; thence South 80°23'13" East 154.12 feet; thence North 60°01'37" East 31.12 feet; thence North 43°20'26" East 107.88 feet; thence North 33°29'32" East 70.27 feet; thence North 89°30'40" East 2177.45 feet to the East line of the southwest quarter of the northwest quarter of said Section 30; thence South 00°33'07" East 1097.67 feet along said East line of said southwest quarter of the northwest quarter to the North line of the southwest quarter of said Section 30; thence South 89°25'40" West 600.24 feet along said North line of the southwest quarter of said Section 30; thence South 00°33'23" East 2651.42 feet to the South line of the southwest quarter of said Section 30; thence south 89°16'13" West 790.38 feet along the south line of the southwest quarter of said Section 30 to the southeast corner of said Section 25; thence South 89°33'35" West 1318.86 feet along the south line of the southeast quarter of said Section 25 to the northeast corner of the northwest quarter of the northeast quarter of said Section 36; thence along the East and South lines of the northwest quarter of the northeast quarter of said Section 36 the following courses: 1. South 00°34'32" East 1317.38 feet; 2. South 89°34'13" West 1319.31 feet to the southeast corner of the northeast quarter of the northwest quarter of said Section 36; thence South 89°44'29" West 1291.99 feet along the South line of the northeast quarter of the northwest quarter of said Section 36; thence North 28°17'37" East 225.34 feet; thence North 13°30'48" East 139.09 feet; thence North 27°57'29" West 125.99 feet; thence North 67°48'29" West 122.36 feet; thence North 00°27'49" West 72.46 feet; thence North 89°58'46" East 137.20 feet; thence North 38°02'39'West 164.39 feet; thence North 28°47'39" West 77.84 feet to the West line of the northeast quarter of the northwest quarter of said Section 36; thence North 00°27'49" West 553.75 feet along said West line of the northeast quarter of the northwest quarter of said Section 36 to the northwest corner of the northeast quarter of the northwest quarter of said Section 36; thence North 89°35'14" East 1318.78 feet along the North line of said northeast quarter of the northwest quarter of said Section 36 to the southwest corner of the southeast quarter of said Section 25; thence North 36°57'21" West 162.01 feet; thence North 46°16'43" West 220.88 feet; thence North 53°26'13" West 216.90 feet; thence North 63°37'31" West 158.51 feet; thence North 11°39'08" West 112.53 feet; thence North 05°22'57" West 59.40 feet; thence North 76'14'10" West 185.65 feet; thence North 77°47'35" West 173.13 feet; thence North 03°50'54" West 137.39 feet; thence North 84°32'57" West 397.07 feet to the West line of the East half of the southwest quarter of said Section 25; thence North 00°26'32" West 1737.35 feet along the West line of said East half of the southwest quarter of said Section 25 to the northwest corner of said East half of the southwest quarter of said Section 25; thence North 89°54'08" East 548.31 feet along the North line of the East half of the southwest quarter of said Section 25; thence South 00°38'08" West 223.68 feet; thence North 8934'08" East 208.69 feet; thence North 00°38'08" East 223.68 feet to the North line of the East half of the southwest quarter of said Section 25; thence North 89°54'08" East 561.06 feet along the North line of the East half of the southwest quarter of said Section 25 to the point of beginning, having an area of 420.834 Acres. BASIS OF BEARING Bearings are based on the West line of the southeast quarter of Section 25, Township 1 North, Range 67 West of the 6Lh P.M. which is considered to bear South 01°06'11" East. A 2 inch alloy capped monument by PLS No. 23027 being found at the points of termination of said line. EXHIBIT B Vicinity Map See attached map. Wallenberg Lakes DMG 112 Permit Page 2 EXHIBIT B \ 44- 1 i 1 .. )' 1 �;R67 i'R64 ti- • w«. !- - ' r'/l,' Ted \. _.. ' ° '� 1 '� .(!A) _ 1, , (1 :N i9 V -1 .,weu 23 .'��— ---T----- 4-X2 i ,� • • e . r IL' *T I ° 3� - 1./ ' I / I School ipc 3- WELD COUNTY ROAD 6 ' j( .ov— — . .� ndence " ; .w-n _ b ff 494 _ I .�NNN i . j_., ,/i , 1 Rad i i r ; Tani( A - ° z + • � - i_i _I - 243','N, ( a g o s / 1 }�� ti ��` 1 f S • • 'I / 1 / , ( ). k—p T , I Y 7 � � � o e , r45 • t I i a ' . . PERMIT '� O 5 •: 36 BO N DARY . /' s/ ;.. 4 �,�} 0; �rev 7 ( f _ :I/ d gi— i !• J re 'WELD COLIN :ROAD 2 If r i �i t i 1 Tv / Ii i-4 L 1" "- ,./...'` ,4( fit '�- 2000 1000 0 2000 SCALE IN FEET Ml.: 09/11/03 Applegate Job la: 00-107 AGGREGATE INDUSTRIES Draw,, Group,h. Damp. 0..�9a WATTENBERG LAKES `°""'�"`"`�°'""""`tlW"` Sie.200 Checked WOL Iava W 0021 Weil 120th Ln2B8 rdc: ric-prop.tl.9 VICINITY MAP (303)412-661I Y (NU).52.2759 Scale 1"=2000' 0.1i:ofo@,(pleW.9'•9wm W,bre AE✓'Ve0'auPmm a EXHIBIT C Pre-Mining/Mining Plan Map See attached map. Cows _ or64.. /no" it Wattenberg Lakes( DMG 112 Permit Page 3 EXHIBIT D Mining Plan Aggregate Industries proposes to mine the Wattenberg Lakes property located in Weld County, Colorado. The community of Wattenberg lies just north of the property. The majority of the site is immediately west of the South Platte River between Weld County Road (WCR) 2 and WCR 6. Although a small northeastern section of the property straddles the South Platte River, the mining operation will not disturb the river. Sand and gavel will be the primary product produced from the Wattenberg Lakes site. The principal intended use for the sand and gravel is for construction aggregates. Permitted mining operations are immediately north of the proposed site, north of WCR 6, and south of the proposed site. An additional permitted mining operation is adjacent to the property east of the South Platte River. The dominant non-mining land use surrounding the property is agriculture. Borehole drilling and testing has verified that the Wattenberg Lakes property contains a significant commercial deposit of sand and gravel. The depth of the soil and overburden ranges from less than 1 foot to 5 feet and averages approximately 2.8 feet over the entire site. The volume of overburden removed is expected to total 1.2 million cubic yards. The depth of the aggregate material ranges from 2 feet to 41 feet and averages approximately 24 feet. The permit boundary will encompass approximately 421 acres with approximately 245 acres being mined. The remaining area will consist of setbacks, road and utility right-of-ways, and undisturbed wetland areas. The Huett Ditch flows across the site from south to north near the eastern side of the permit boundary. The majority of this ditch will be relocated further to the east as mining progresses. Aggregate Industries will maintain a 200-foot minimum setback from the South Platte River. Where slurry walls are to be installed, the limit of mining will be at least 40 feet from the proposed permit boundary or county roads (see the Pre-Mining/Mining Plan Map, Exhibit C). In all other areas a minimum 25-foot setback will be maintained from the permit boundary. Setbacks from man-made structures not owned by the applicant will be established at twice the pit depth, unless an agreement is obtained from the property owner or engineering slope stability analyses are performed. Items owned by the applicant located within the proposed permit boundary, such as roads, fences, water wells and associated pumps, and structures including a house and outbuildings, may be removed or relocated during the mining process. There are additional structures on the site not owned by the applicant (see the Pre-Mining/Mining Plan Map, Exhibit C). The structures include oil and gas wells and associated facilities and power transmission lines. Mining and reclamation activities will avoid the majority of these structures, but some will need to be removed and relocated during mining (see Exhibit S, Permanent Man-Made Structures within 200 Feet of the Affected Land). Wattenberg Lakes DING 112 Permit Page 4 Mine Phasing Aggregate Industries anticipates mining and reclaiming the Wattenberg Lakes site in approximately 11 years. However, the rate of mining and overall life of the mine is dependent on several factors including product demand. Since approximately 245 acres will eventually be mined on the site, mining in phases will limit the area of disturbance at any one time (see the Pre-Mining/Mining Plan Map, Exhibit C). The Wattenberg Lakes site will be mined in three phases, with each of the phases being directly related to six mining areas. The mining areas and phasing have been established for on-site wetland mitigation and, therefore, may change slightly during mining to fulfill mitigation requirements. The following is the anticipated acreage and status of each mining year: Mining Mining Area Time for Mining Phase Areas(s) (acres) (years) Pond 2, MA 3, I and MA 2 59 1.5 II Pond 1, MA 1 44 2.0 III Pond 3 142 7.5 TOTAL 245 11 During the initial phases of mining, a majority of the Huett Ditch will be relocated further to the east of its present location. The ditch will be relocated to an area between mining area 1 and the South Platte River. Approximately 750 feet of the southern portion of the ditch will not be disturbed. In Phase I of the Mining Plan, Pond 2 and mining areas 2 and 3 will be mined. As mining progresses in Phase I, the Huett Ditch will be relocated and the wetlands within the existing ditch will be removed and planted in the relocated ditch. During Phase I, the side slopes in Pond 2 will be created and stripped overburden will be placed back in the mined out portions of mining areas 2 and 3. It is anticipated that the Pond 2 reservoir and wetland mitigation in mining area 2 will be completed by the end of Phase I. Phase I will also include construction of the reservoir slurry walls for Pond 2 and Pond 1. It is anticipated that, as Phase II begins, construction of the slurry wall for Pond 3 will be started. During Phase II, Pond 1 will be mined along with mining area 1. During this phase, the side slopes in Pond 1 will be created and backfilling and wetland mitigation in mining areas 2 and 3 will be completed. During the excavation of mining area 1, dewatering operations may affect flows in the new relocated Huett Ditch. If necessary, groundwater from dewatering the pit will be used to supplement flows in the relocated ditch. Overburden material stripped from the Phase II mining areas not used for backfilling mining areas 2 and 3 will be placed back in mining area 1. As Phase II ends, it is anticipated that the Pond 1 reservoir and wetland mitigation in mining area 3 will be complete. Additionally, the majority of backfilling for mining area I will also be complete. Wittenberg Lakes DMG 112 Permit Page 5 Phase III includes the mining of Pond 3. The Huett Ditch will have previously been relocated and the slurry wall for the final reservoir should be complete. Overburden stripped during the initial stages of Phase III will be used to finish backfilling mining area 1. Excavation of Pond 3 will continue while simultaneously creating side slopes for the final reservoir. Phase III will also likely include installation of inlet and outlet structures for all of the reservoirs. Mining Methods The deposit will be wet and/or dry mined. Dry mining will occur through the installation of slurry walls with the use of dewatering trenches and pumps. It is anticipated that slurry walls will be constructed around the perimeter of Ponds 1, 2, and 3. Design specifications for the slurry walls and quality control procedures used during construction will ensure that the reservoirs meet State Engineer's Office (SEO) performance standards. Specific specifications and quality control procedures will be provided to the Division for review, in the form of a technical revision, prior to construction of the slurry walls. Dewatering trenches and pumps will be used to dewater the deposit enclosed within the slurry walls prior to mining below the water table. The ponds may also be mined prior to complete installation of the slurry walls through the use of dewatering trenches and pumps. Dewatering trenches will be excavated around the perimeter of each pond prior to mining and pumps will be used to remove the water that drains from the deposit and surrounding alluvium into the trench. If necessary, water from the trenches will be circulated through a settling basin to meet applicable Colorado Discharge Permit System requirements prior to it being discharged to the Huett Ditch or South Platte River. Mining areas 1, 2, and 3 may also be dry mined using dewatering trenches and pumps, as described above, or may be wet mined. Slurry walls will not be installed around these mining areas. If the mining areas are wet mined, a dragline or dredge will be used to excavate the aggregate material below the groundwater table. The material wet mined from the pit will be stockpiled and allowed to dewater prior to transporting the material for processing. Stockpile placement and ground slopes will allow the water draining from the aggregate material to reenter the pit lake. The aggregate material will be recovered using equipment and facilities typical for sand and gravel mining operations. The equipment and facilities may include, but are not limited to the following: Processing Equipment Portable, temporary processing equipment on an as needed basis for screening, crushing, and washing. Earth Moving Equipment Dozers, loaders, scrapers, excavators, dragline, dredge,,and compactors will be used for mining and earth moving operations. Field conveyors will be used as needed for mining operations. Watt en berg Lakes DMG 111 Permit Page 6 Miscellaneous An employee/storage trailer and fueling/lubricating station will be located on-site. Dewatering pumps and generators and watering trucks will be used as needed. As mining progresses through each phase, topsoil and overburden will be stripped with scrapers to expose the aggregate product below. All soil and overburden material will be used for reclamation, so long-term stockpiling of these materials is not anticipated. If overburden stockpiles are necessary, they will be located within the proposed mining areas and placed so that they do not impede potential floodwaters. Mining of the aggregate will progress down to the underlying claystone bedrock. The bedrock material is rippable and, when necessary, will be excavated and used for reclamation. However, since reclamation will occur concurrently with mining, it is not anticipated that bedrock material will be stockpiled long-term prior to use. The active mining face will extend no more than 2,000 feet in length. During mining and prior to reclamation, the mine walls will be a nearly vertical to 1/2H:1 V slope. The aggregate material will be temporarily stockpiled or placed directly onto a conveyor system for transport. The conveyor system will transport the material to be processed at an existing DMG permitted mining site (Permit Number M-89-120) immediately east of the property. The conveyor will cross the South Platte River within the permit boundary before entering the adjacent mining site as illustrated on the Pre-Mining/Mining Plan Map (Exhibit C). Alternatively, if needed, material may be processed on-site with portable and temporary screening, crushing, and/or washing equipment. Each mining area will be reclaimed using soil, overburden, process fines and other inert materials from on-site. If materials from off-site are used, the applicant will provide the Division with the appropriate notices and affidavit in accordance with Rule 3.1.5(9). During reclamation, mining areas 1, 2, and 3 will be backfilled to create wetland/riparian areas, whereas only the exterior walls of Ponds 1, 2, and 3 will be backfilled to create reservoir slopes. In Ponds 1, 2, and 3, the active mining face will remain disturbed until the mine area is mined out. The side slopes of the ponds will be backfilled, graded to a 3H:1 V slope, and seeded as mining progresses. The exterior slopes where backfilling and grading has been started, but has not yet been completed, will be no greater than 1,000 feet in length. Once backfilling and grading has been completed in an area, the top of the slope and the side slopes above the anticipated reservoir water level will be seeded as soon as practicable (based on first available seeding season). In order to gain an understanding of the extent of the mining operation, it is helpful to know the acres disturbed by different aspects of the mining operation. Each aspect is listed in the following table with associated disturbed area. The table illustrates a point in time where the mining disturbance will be at its maximum. This occurs during the mining in Phase III. The mining disturbance will be at its greatest when the southern section of Pond 3 has been mined and mining is progressing to the northern part of the pond. During this phase, reclamation of mining area 1 will also be in progress. The area will have been backfilled for reclamation, but Watt en berg Lakes DMG 112 Permit Page 7 grading and seeding for final reclamation may not yet be complete. Although reclamation along the side slopes of Pond 3 will be in progress, the active mining face will be at its greatest length. Disturbed Area Aspect Mining Operation (acres) Pond 3 A Slurry Wall 0 B Stripped overburden and topsoil in anticipation of mining 10.0 C Active mining face (with 1/2H:1 V slope), 2,000 ft x 30 ft 1.4 Pond side slopes being backfilled and graded to 3H:1V side I) slopes, 1,000 feet x 85 feet 2.0 Backfilled top of slope and side slope above reservoir water E level to be seeded, 1,000 x 60 feet 1.4 Mining Area 1 F IBackfilled, to be graded and seeded I 11.5 Miscellaneous Aspects G Roads and conveyors 1.0 H Top soil and overburden stockpiles 4.0 I Employee facilities and maintenance station 0.5 TOTAL DISTURBED AREA 31.8 Wwtenberg Lakes DMG 112 Permit Page 8 EXHIBIT E Reclamation Plan Water storage and wetland/riparian mitigation will be the final reclaimed use for the Wattenberg Lakes site. In this area of Weld County, mining and water storage are a predominant land use along the South Platte River. Therefore, the proposed post mining use is compatible with surrounding land uses. Ponds 1, 2, and 3 will be reclaimed as water storage reservoirs with a storage capacity of approximately 3,800 acre-ft. The remaining area within the proposed permit boundary will consist of reservoir shoreline, backfilled wetland/riparian mitigation areas, access roads, and reclaimed or otherwise undisturbed land. The approximate acreage of each of these areas is: Final Land Use Area (acres) Reservoirs 199 Backfilled/wetland r placement areas 40 _ Access roads 6 _ Reclaimed or undisturbed land 176 TOTAL 421 Some roads inside the proposed permit boundary will remain for accessing and maintaining the reservoirs, wetland mitigation areas, and oil wells. The existing vehicle access road over the southern end of the Huett Seepage Ditch will remain. Unimproved roads around all reservoirs will also remain. Conveyor systems and bridges will be removed from the site during final reclamation activities. Roads not necessary for future access and other disturbed areas associated with the conveyor system will be reclaimed with vegetative cover to stabilize the soil and minimize erosion. Portions or all of the concrete anchors used for the conveyor bridge over the South Platte River may remain in place following reclamation. Any portions of the anchors left in place will be below the existing ground level. Water Storage Reservoirs In general, the mining areas will be mined to the claystone bedrock. The relatively impermeable bedrock will makeup the bottom of the reservoirs in Ponds 1, 2, and 3. The reservoirs will also be separated from the surrounding alluvial aquifer by a slurry wall. The slurry wall will be keyed into the bedrock material and extend upward through the entire length of the saturated alluvium. Design specifications and quality control procedures used during construction of the slurry wall will ensure that the reservoirs meet State Engineer's Office (SEO) performance standards for permeability. Specific specifications and quality control procedures will be provided to the Division for review, in the form of a technical revision, prior to construction of the slurry walls. During reclamation activities, the slurry wall will be monitored for compliance with the SEO performance standard. Wallenberg Lakes DMG 112 Permit Page 9 All reservoir slopes left by the mining operation will be reclaimed to at least 3H:1 V final grade. Reclamation of the side slopes will be concurrent with mining, with reclamation activities following approximately 1,000 feet behind the mining operation. Since reclamation will be concurrent with mining, most soil, overburden, and bedrock material excavated during mining will be used almost immediately. Scrapers will be used to place bedrock claystone and overburden material along the reservoir perimeters to achieve the final grade. Final reclamation by capping with topsoil and re-vegetating above the expected reservoir water level will follow backfilling operations closely to minimize the amount of disturbance at any one time. During reclamation activities, inlet and outlet works for the reservoirs will be installed. The inlet works will be constructed to provide water from the Brighton Ditch along the west side of the site. In the northeastern portion of the site, outlet works will be constructed to deliver reservoir water to the South Platte River. The general location of the inlet and outlet works is illustrated on Exhibit F, Reclamation Plan. The design specifications and plans for the facilities will be provided to the Division prior to construction. Replacement Wetlands and Riparian Area Mining areas 1, 2, and 3 will be backfilled and reclaimed as replacement wetland/riparian areas. Reclamation will begin in Phase I as Pond 2 and mining areas 2 and 3 are mined. Stripped overburden from mining activities will be used immediately to backfill the mined portion of mining areas 2 and 3. As mining progresses into Phase II, additional excavated overburden and bedrock claystone material from Pond 1 will be used to backfill mining areas 2 and 3. Also during Phase II, overburden material from mining area 1 will be placed back in the pit for final reclamation. Backfilling of mining area 1 will be completed during Phase III and excavation of Pond 3. Finally, a minimum six inches of topsoil will be used to cap the mining areas and provide a growing medium for wetland plants. Depending on groundwater elevations, the final surface elevation of the backfilled areas may be below the existing and surrounding ground elevation. Any slopes remaining will be reclaimed to a minimum 3H:1 V grade. Reclamation Measures/Materials Handling The mining will create the rough topography for the three reservoir shorelines and the replacement wetlands (see Reclamation Plan Map, Exhibit F). The backfilling will be done to provide stabilized shorelines around the reservoirs and to minimize erosion. The backfill material will consist of native bedrock claystone, overburden, and topsoil. There will not be known toxic or hazardous materials in the backfill material. Additionally, it is not likely that acid forming or toxic materials will be encountered during mining. Each mining area will be reclaimed using soil, overburden, process fines and other inert materials from on-site. However, if materials from off-site are used, the applicant will provide the Division with the appropriate notices and affidavit in accordance with Rule 3.1.5(9). The mining will not leave high walls on the property. There will be no auger holes, adits, or shafts left on the property. Watt en berg Lakes DMG 112 Permit Page 10 Topsoiling The top two to six inches of soil on the property is classified as topsoil. This layer includes the root zone of grasses and crops, which will be stripped and stockpiled separately. By using concurrent reclamation techniques, the topsoil is not expected to remain in stockpiles for more than one to two years. If the stockpile remains more than one growing season, it will be seeded with a fast growing vegetative cover to prevent erosion. All topsoil will be retained on-site to reclaim the reservoir shoreline, replacement wetlands, and other areas disturbed by mining activities. Where required, topsoil will be replaced to a minimum depth of approximately six inches. When necessary, stripped topsoil will be stockpiled parallel to potential flood flows to reduce the risk of inhibiting the flow. Throughout the mining phases, the amount of topsoil stockpiled will be limited by continuously using it to cap backfilled areas. Revegetation As mining operations are completed, areas for reclamation will be graded and shaped for revegetation. Runoff or excess water from adjacent areas will not be allowed to flow over slopes being graded and seeded. If needed, berms will be constructed to divert excess water and dispose of it in a safe and non-erosive manner. Upland Areas. For disturbed upland areas, the reclamation plan includes re-vegetating with appropriate seed mixes to minimize erosion and reestablish natural terrain. The grass mixture below was selected to be long lasting and regenerating. The ground will he fine graded prior to seeding and fertilizers will be applied according to recommendations from the Soil Conservation Services. Reservoir side slopes below the anticipated reservoir water level will not be seeded. Based on the soils in the area, the following upland seed mixture is recommended: Area Cover Application Rates Upland Grass Seed (%) (#PLS/acre] Vaughn Side Oats Grama 30% 1.35#PLS/ac. Grenville Switchgrass 20% 0.5 #PLS/ac Lovington Blue Grama 20% 0.3 #PLS/ac Barton Western Wheatgrass 30% 2.4 #PLS/ac Application rate is for drilling the seed. If seed is to be broadcast, the application rate will be doubled. Upland grass seed will be planted with a drill equipped with depth bands and press wheels. The seeded areas will then be covered with straw mulch at a rate of 2,000 pounds per acre. The straw will be crimped into the soil to control erosion until the grass becomes established. If a significant invasion of noxious weeds occurs after seeding, the weeds will be mowed before they can go to seed. The areas will be mowed periodically for additional control as needed. Wartenberg Lakes DMG 112 Permit Page 11 Mechanical control will be used as a first priority. Chemical methods will only be used if no other alternative produces acceptable results. Replacement Wetlands. The replacement wetland areas will be planted and seeded with native wetland plants (see Exhibit F, Reclamation Plan). A detailed revegetation plan for the wetland areas is available in the Clean Water Act Section 404 permit application for the Wattenberg Lakes site submitted to the Army Corps of Engineers. Water—General Requirement To minimize the effect on the prevailing hydrologic balance, the operator shall: a. comply with all applicable Colorado water laws, b. comply with all applicable Federal and State water quality laws and regulations, c. comply with all Federal and State requirements for dredge and fill, and d. regrade all sediment and siltation structures after mining is completed unless such structures are to be used for wetlands mitigation. Groundwater— Specific Requirements The operation will not affect groundwater quality on or off the site. The operation will comply with State groundwater quality standards. Due to the absence of sources of potential pollutants, groundwater quality monitoring is not required in this operation. Wildlife The proposed reclamation plan does not propose to create wildlife habitat. All activities will be planned considering the safety and protection of wildlife on the property. Some species may be temporarily displaced by the mining activities, but these species are expected to re-establish with no difficulty after the reclamation has been completed. The creation of the lakes and replacement wetlands may create additional opportunities for aquatic birds, mammals, and fish. Wattenberg Lakes • DMG 112 Permit Page 12 EXHIBIT F . Reclamation Plan Map See attached map. (C0 � /O,, jcndj itietb) Wallenberg Lakes DMG 112 Permit Page 13 EXHIBIT G Water Information The Wattenberg Lakes site is located in Weld County south of the Town of Wattenberg. The site lies between the Brighton Ditch and the west bank of the South Platte River. The Pre- Mining/Mining plan Map (Exhibit C) illustrates water resources on the site. The South Platte River runs along the eastern border and through the northeastern corner of the site. The Brighton Ditch runs along the western boundary of the site. No impacts to the Brighton Ditch will result from mining. The Huett Seepage Ditch runs through the eastern half of the site and the Brighton Ditch runs along the western border of the site. The Huett Seepage Ditch will be relocated prior to mining at the site. Mining of the Wattenberg Lakes site will last for approximately 11 years. As the material is removed, concomitant reclamation will occur with the construction of three slurry walls enclosing three of six mining areas on the site. The three mining areas that will not be enclosed within slurry walls will be backfilled or will be used to create mitigation wetlands or riparian area on the site. Once reclamation is complete, three reservoirs will be created and will have a combined surface area of approximately 187 acres. Generally, the mined material will not be processed on-site. Once material is recovered, it will be conveyed across the South Platte River to an existing permitted sand and gravel mining operation for processing. If necessary, some temporary processing may occur on-site. The site will be mined in six mining areas of varying sizes. Mining areas will be either dry or wet mined. If dry mined, groundwater will be exposed in dewatering trenches and collection basins and prior to mining, dewatering trenches will be excavated in the mining areas. Groundwater and stout' water will flow along trenches by gravity to the collection basins. Prior to discharge into the South Platte River, the collected groundwater and/or storm water will be evaluated for pollution content. The mining operation will impact groundwater systems hydraulically connected to the South Platte River. The depth to groundwater ranges from approximately zero to 10 feet. The operation will extract sand and gravel deposits from the South Platte River alluvial aquifer. This unconfined alluvial aquifer rests atop the outcropping of the Arapahoe aquifer. Water below the property within this portion of the Arapahoe is considered not non-tributary. The Laramie-Fox Hills aquifer lies below the Arapahoe aquifer. Water below the property within this portion of the Laramie-Fox Hills is non-tributary. As delineated on FIRM panels 995 and 983C from September 28, 1982, the entire site except for a portion of the northwest corner and a small peninsula midway along the western border is located within the South Platte River 100-year flood plain. All work performed in the floodplain will conform to the Weld County Flood Hazard Regulations. Wallenberg Lakes DMG 112 Permit Page 14 Water Requirements The maximum annual consumptive use for this site is estimated at 49.1 acre-feet and will result from evaporative losses and operational losses. Evaporative losses are dependent on exposed water surface area, which includes settling ponds, dewatering trenches and collection basins. Operational losses include water used for dust control and water retained in product hauled off site. The maximum exposed surface area at the site during mining is estimated at 1 acre. Total annual evaporative loss is the product of net annual evaporation and total exposed groundwater surface area. Net annual evaporation is difference between gross annual evaporation and effective annual precipitation. The NOAA Technical Report NWS 33, Evaporation Atlas for the Contiguous 48 United States (U.S. Department of Commerce) was used to determine gross annual evaporation. For this location, gross annual evaporation was estimated at 45.04 inches. The Colorado Climate Center climatic data for Brighton was used to estimate annual precipitation. For this station, average annual precipitation was reported as 14.09 inches. Effective annual precipitation was assumed to be 70% of average annual precipitation and was calculated to be 9.88 inches. The net annual evaporation for this site is 2.94 acre-feet per acre or 2.94 acre-feet for the 1 acre of exposed surface area. The maximum annual production from the site is estimated at 1,500,000 tons. The moisture content of the material hauled off the site was assumed to be 4 percent by weight. This results in an annual amount of 44.15 acre-feet of water retained in the product. Dust control is required for internal haul roads and stockpiles. Total annual water requirements for dust control are estimated at 2.0 acre-feet. The estimated total annual consumptive use associated with the mining operation is summarized as follows: Evaporation 2.94 acre-feet Moisture Retained in Product 44.15 acre-feet Dust Control _2.00 acre-feet TOTAL 49.09 acre-feet Sources of Replacement Water The replacement of consumptive uses will be accounted for in a Substitute Water Supply Plan (SWSP) that is administered by the State Engineer. As a component of the SWSP, the operator will provide the necessary water rights to mitigate all consumptive water uses during mining. Wattenberg Lakes DMG 111 Permit Page 15 Replacement water will be supplied from the following sources: 1. 1998 Effluent Lease(1998 Lease) with the City of Westminster The 1998 Lease has been used as a replacement source for individual SSP's that have been approved in the past. This is a perpetual lease that provides 0.28 cfs of fully consumable water every day of each year and an additional 0.17 cfs of fully consumable water every day from October 1St to June 30th during each year at the outfall of the Metro Wastewater Treatment Plant. The lease provides 294.79 acre-feet annually. 2. 1999 Effluent Lease (1999 Lease) with the City of Westminster A conditional lease of a maximum duration of eight years with the City of Westminster, signed on December 21, 1999, will provide 2.0 cfs of fully consumable effluent every day from November 10 to March 20 beginning on November 10, 2000. At the discretion of the City, replacements can be made at either the Metro Wastewater Treatment Plant or the Big Dry Creek Wastewater Treatment Plant. The lease provides 515.70 acre-feet annually. 3. Silver Heights Effluent Lease Silver Heights Water and Sanitation District ("Silver Heights") has an agreement with the Plum Creek Wastewater Authority to treat Silver Heights' consumable wastewater at the Plum Creek Wastewater Treatment Plant (the "Plant"). Silver Heights and Aggregate entered a three-year lease agreement for this consumable water in October 1997; the lease was renewed in January 2004. The lease is based on average flows generated by Silver Heights. These flows averaged 35 acre-feet per year or 2.91 acre-feet per month. 4. Historic Use of 1.323 Shares in the Brighton Ditch Aggregate currently owns 4/1411 share in the Brighton Ditch Company and leases an additional 1.037 shares from the City of Westminster. Collectively, the 1.323 shares provide approximately 182.7 acre-feet per year of consumptive use credit based on dry- year yields. A substitute water supply plan for the site was submitted to the State Engineer's Office for approval on September 19, 2003 and was subsequently approved on February 18, 2004. The currently approved SWSP covers estimated depletions to the river during the first year of operations. Renewals will be submitted to the State Engineer's Office on an annual basis to account for any changes in operations at the site since the previous approval. After reclamation has been completed, there will be no permanently exposed groundwater at the site. The reclamation plan will therefore not require a court approved water augmentation plan. Wallenberg Lakes DMG 112 Pernil Page 16 Surrounding Water Rights Exhibit G-1 shows the permitted wells located within %2 mile of the Wattenberg Lakes site. A well permit database search obtained from the State Engineers Office was used to locate the surrounding wells identified on Exhibit G-1. Although there may be other wells in the area, they are not registered and permitted with the State Engineers Office. Exhibit G-2 shows all adjudicated water rights within %2 mile of the site. As required by the State Engineers Office, a gravel pit well permit will be obtained. Operations at the site will not injuriously affect surrounding water rights. However, if dewatering at the Wattenberg Lakes site directly affects the ability of surrounding wells to pump a full supply of water in accordance with their permitted uses, Aggregate Industries, Inc. will take all necessary actions to remedy the affects to the extent they were directly caused by operations at the site. Water Quality An application for a CDPS Permit will be submitted to the Colorado Department of Public Health and Environment for the Wattenberg Lakes site. This permit will be obtained before the mining operations discharge groundwater into the South Platte River. Wattenberg Lakes DMG 712 Permit Page 17 Exibit Cl Aggregate industries-WCR Inc Wallenberg Lakes Permitted Wells Within 1/2 Mile of Site Ma ID Permit No. Name Address 209215 HALL IRWIN CONSTRUCTION PO BOX 519 GREELEY CO 80632 • 57398-F ASPHALT PAVING CO/JIM SAMPSON 14802 W 44TH AVE GOLDEN CO 80403 ' 5540 CLOSSEN K I RT 1 BRIGHTON CO 80601 6291-R BAURER PETER L&EIBERGER CARL F 294 PARK CIRCLE GOLDEN CO 80401 6647-F BAURER PETERL/CARL F EIBERGER 294 PARK CR GOLDEN CO 80401 10456-R DERSHAM W D RT 1 BRIGHTON CO 80601 13320-F GAMUEDA ANOTHONY&FLORENTINO JO 6001 E 100TH AVE DENVER CO 80229- 13409-F GEO.MANCINI FEEDLOTS INC. PO BOX 398 BRIGHTON CO 80601 13410-F C&M CONCRETE COMPANIES PO BOX 490 NIWOT CO 80544 1 13662-R PERRY LEONA M RT I BX 137 FORT LUPTON CO 80621 I 13663-R PERRY LEONA M RT I BX 137 FORT LUPTON CO 80621 1 15374 CHAMBERS JACK BRIGHTON CO 80601 1 15561 REED BEAUFORD RT 1 BOX 59 BRIGHTON CO 80601 I 16006-F WATTENBERG IMPROV ASSOC. RT I BOX 145 FORT LUPTON CO 80621 1 19805-F CENTRAL COLO.W.CONSER.DIST. 2308 29TH ST.2 GREELEY CO 80631 1 19806-F CENTRAL COLO.W.CONSERDIST. 2308 29TH ST.2 GREELEY CO 80631 - 1 19807-F CENTRAL COLO.W.CONSERDIST. 230829TH ST.2 GREELEY CO 80631 1 19893 FANKHOUSER EARL PO BOX 6 HENDERSON CO 80640 1 20032-F CENTRAL COLO.W.CONSER.DIST. 2308 29TH ST.2 GREELEY CO 80631 2 20033-F CENTRAL COLO.W.CONSER.DIST. 2308 29TH Sr 2 GREELEY CO 80631 2 20034-F CENTRAL COLO.W.CONSERDIST. 2308 29Th ST.2 GREELEY CO 80631 2 28385 SPENCER W T RT I BOX 142 BRIGHTON CO 80601 2 22044 PRIOLA GEORGE&DITIRRO JOJW 7740 E 96TH AVE HENDERSON CO 80640 2 22340 BLACK STEVE BRIGHTON CO 80601 2 31022 BAUMGARTNER HAROLD F PO BOX 144 BRIGHTON CO 80401 2 31731 AERTS STEPHEN E PO BOX 301 BRIGHTON CO 80601 2 32214 BAUMGARTNER HAROLD F PO BOX 144 BRIGHTON CO 80401 2 40026 STRUCK PAUL 259 S 10TH AVE BRIGHTON CO 80601 2 40355 DEIGEL HENRY RT I BOX 226 FT LUPTON CO 80621 3 47086 MORELAND BOB L 31 5 8TH BRIGHTON CO 80601 _ 3 73231 REED JOHN&DOUGLAS&BELL WM PO BOX 162 Fr LUPTON CO 80621 3 103367 BAUMGARTNER HAROLD F PO BOX 144 BRIGHTON CO 80601 3 103370 BAUMGARTNER IIAROLDF PO BOX 144 BRIGHTON CO 80601 3 103371 BAUMGARTNER HAROLD F PO BOX 144 BRIGHTON CO 80601 3 103372 BAUMGARTNER HAROLD PO BOX 144 BRIGHTON CO 80601 3 103374 BAUMGARTNER HAROLD F PO BOX 144 BRIGHTON CO 80601 3 103375 CI ANAHAN DENIS B. 718 17TH ST#1950 DENVER CO 80202 3 103376 BAUMGARTNER HAROLD F PO BOX 144 BRIGHTON CO 00601 3 103377 BAUMGARTNER HAROLD F PO BOX 144 BRIGHTON CO 80601 4 176979 US GEOL SURVEY DENVER FEDERAL CTR BOX 25046 WS 415 DENVER CO 80225 4 876976 ASPHALT PAVING CO 4802 W44'TI AVE GOLDEN CO 80403 4 176977 ASPHALT PAVING CO 4802 W 44TH AVE GOLDEN CO 80403 4 179405 ASPHALT PAVING CO 4802 W 44TH AVE GOLDEN CO 80403 4 179406 ASPHALT PAVING CO 4802 W 44TH AVE GOLDEN CO 80403 4 22927-MH ASPHALT PAVING CO 4802W 44TH AVE GOLDEN CO 80403 4 22928-MH ASPHALT PAVING CO 4802 W 44TH AVE GOLDEN CO 80403 4 13490-AD DOUBLE B DEVELOPENT CORP 021 HWY 85 BOX 8 BRIGHTON CO 80601 4 95014-VE STRUCK JAMES 07 WCR 231/2 ➢RIGHTON CO 80601 4 186919 HILL CLARENCE W&JANE R 158 WELD CNTY RD 23 Ill BRIGHTON CO 80601 5 45006-F STRUCK JAMES 07 WCR#231/2 BRIGHTON CO 80601 5 1255-AD LEHL ALEX BRIGHTON CO 80601 5 114229 JONNSON R E BRIGHTON CO 80601 5 2326-AD NATIONAL FOOD STORES DENVER CO 80216 5 2327-AD NATIONAL FOOD STORES DENVER CO 80216 5 383.AD ADAMS TRANSIT MIX CORP. BRIGHTON CO 80601 5 6645-F SPENCER W.T. RT.2.BOX 142 BRIGHTON CO 80601 5 6646-F SPENCER W.T. RT.2,BOX 142 BRIGHTON CO 80601 5 91055-VE MORALES VICTORIA&TOM 11511 EDWARD ST FT LUPTON CO 80621 5 73231 REED FT LUPTON CO 80621 6 5283-AD WATTENBERG IMP.CORP.ASSN. FT.LUPTON CO 80621 6 13410-F C-M CONCRETE PO BOX 315 BOULDER CO 80306 6 6293-R C&M SAND COMPANY PO BOX 315 BOULDER CO 80306 6 22340 BLACK STEVE FT.LUPTON CO 80621 64 126135 SAKATA FARMS PO BOX 499 BRIGHTON CO 80601 65 130499 SAKATA FARMS PO BOX 499 BRIGHTON CO 80601 66 28700-F GALLICIA C FT LUPTON CO 80621 67 132424 STRUCK JAMES 507 WELD CNTY RD BRIGHTON CO 80608 68 138214 WALSH CHAS L 636 WELD CO RD 23 1/2 BRIGHTON CO 80601 69 138214 STECKLEI N JONATHAN 636 WCR 23.5 BRIGHTON CO 80601 70 34817-F COWAN CONCRETE PRODUCTS PO BOX 5183 DENVER CO 80217 71 34816-F COWAN CONCRETE PRODUCTS PO BOX 5183 DENVER CO 80217 72 158810 STRUCK JAMES P 507 WCR 23 I/2 BRIGHTON CO 80601 73 158810 STRUCK JAMES P 507 WCR 23 1/2 BRIGHTON CO 80601 74 90423-VE STRUCK JAMES P 507 WCR 231/2 BRUGHTON CO 80601 75 158808 ALATORE TONY 1786 MARY AVE FT LUPTON CO 80621 76 159627 MORALES VICTORIA 11511 EDWARD ST FT LUPTON CO 80621 77 159627 MORALES VICTORIA 11511 EDWARD ST FT LUPTON CO 80621 78 159677 HAWTHORNE HUGH 301 S22ND AVE BRIGHTON CO 80601 79 159833 DEHERRERA ART 11522 WCR 6 FT LUPTON CO 80621 „� 80 159833 DEHFRRFRA ART 11522 WCR 6 FT LUPTON CO 80621 81 159832 DELERRFRA TOM 1736 MARY AVE FT LIPTON CO 80621 82 159832 DEHERRERA TOM 1736 MARY AVE FT LUPTON CO 80621 Exibit G-1 Aggregate Industries-WCR,Inc Wallenberg Lakes Permitted Wells Within 1/2 Mile of Site Map IN Permit No. Name Address 83 159830 MORALES TOM 1531 EDWARD ST FT LUPTON CO 80621 84 159830 MORALES TOM 1531 EDWARD ST FT LUPTON CO 80621 85 42155-F ASPHALT PAVING CO 4802W 44TH AVE GOLDEN CO 80403 86 160706 ARCHULETA VENTURA S 621 CAROLINE AVE FT LUPTON CO 80621 87 160706 ARCHULETA VENTURA S 621 CAROLINE AVE FT LUPTON CO 80621 88 161588 GIRON ROBERT L 643 CAROLINE AVE FT LUPTON CO 80621 89 161588 GIRON ROBERT L 643 CAROLINE AVE FT LUPTON CO 80621 90 91336-YE GIRON ROBERT 643 CAROLINE AVE FT LOGAN CO 80621 91 161307 MORALES JOHN 1510 EDWARD ST FT LUPTON CO 80621 92 161307 MORALES JOHN 1510 EDWARD ST FT LUPTON CO 80621 93 91335-YE MORALES JOHN 1510 EDWARD ST FT LUPTON CO 80621 94 163521 PATTERSON CHARLES&BARBARA 2563 WCR 6 BRIGHTON CO 80601 95 48617-F STRUCK JAMES P 67 WCR 231/2 BRIGHTON CO 80601 96 26361-MB MYSTROM INC AHYDROKINETICS INC 12975 W 24TH PL GOLDEN CO 80401 97 46192-F BAURER PETER LIEIBERGER CARL F 294 PARK CR GOLDEN CO 80401 98 46965-F BAURER PETER&CARL EIBERGER 754 COUNTY RD 23 3/4 BRIGHTON CO 80601 99 214705 CAMAS AMERICA INC 989 HWY 85 BRIGHTON CO 80601 100 47868-F ASPHALT PAVING CO 14802 W 44TH AVE GOLDEN CO 80403 101 97074-VE HUBER GARY 1058 WCR 23 1/2 BRIGHTON CO 80601 102 202399 HUBER GARY 1058 WCR 9231/2 BRIGHTON CO 80601 103 202399 HUBER GARY 1058 WCR 923 1/2 BRIGHTON CO 80601 104 130499 SARATA FARMS PO BOX 499 BRIGHTON CO 80601 805 132424 STRUCK JAMES 507 WELD CO RD 23 1/2 BRIGHTON CO 80601 106 126135 SAKATA FARMS PO BOX 499 BRIGHTON CO 80601 107 206557 GODBY CARROLL DON&IVAN COLLINS 37632 WCR 37 EATON CO 80615 108 49717-F BAURER PETER&CARL EIBERGER 754 CO RD 23 3/4 BRIGHTON CO 80601 109 214950 SINGLE EAGLE CO 995 HWY 85 BRIGHTON CO 80601 110 50276-F HALL I(WIN CONSTRUCTION PO BOX 519 GREELEY CO 80632 III 50358-F HALL IRWIN CONSTRUCTION CO 1011 ELEVENTH AVE GREELEY CO 80631- 112 98540-VE SINGLE EAGLE CO 995 HWY 85 BRIGHTON CO 80601 113 220570 DAWSON JACOB I 511 US HWY 85 BRIGHTON CO 80601- 114 33055 MOORE J BRIGGS FARM 171'2 BOX 334 BRIGHTON CO 115 55585-F CAMAS COLORADO INC 3605 S TELLER ST I AVFWOOD CO 80235- 116 230979 DEHERRERA TOMMY 1736 MARY AVE FT LUPTON CO 80621- 117 230979 DEHERRERA TOMMY 1736 MARY AVE F!LUPTON CO 80621- 118 230980 DEHERRERA THOMAS RAY 1736 MARY AVE FT LUPTON CO 80621- 119 230980 DEFIERRERA THOMAS RAY 1736 MARY AVE FT LUPTON CO 8062 120 56784-F HALL-IRWIN CORPORATION 30264TH AVE GREELEY CO80631- 121 234051 GARCIA BEN 1973 CAROLINE AVE FT LUPTON CO 80621- 122 234051 GARCIA BEN 1973 CAROLINE AVE FT LUPTON CO 80621- 123 40055-MH LAFARGE NORTH AMERICA INC °%WATER&WASTE ENGINEERING 621 I7TH ST STE 1020 DENVER CO 80293- 124 56991-F BAUMGARTNER ROBERT L&SHARON A 1564 MANOR WAY BRIGHTON CO 80601- 125 40442-MH AGGREGATE INDUSTRIES-WCR INC PO BOX 337231 GREELEY CO 80633- 126 40443-ME AGGREGATE INDUSTRIES-WCR INC PO BOX 337231 GREELEY CO 80633- 127 40444-MI] AGGREGATE INDUSTRIES-WCR INC PO BOX 337231 GREELEY CO 80633- 128 40445-MR AGGREGATE INDUSTRIES-WCR INC 1'0 BOX 337231 GREELEY CO 80633- 129 40446-MH AGGREGATE INDUSTRIES-WCRINC PO BOX 337231 GREELEY CO 80633- 130 40447-MH AGGREGATE INDUSTRIES-WCR INC PO BOX 337231 GREELEY CO 80633- 131 40448-MH AGGREGATE INDUSTRIES-WCR INC PO BOX 337231 GREELEY CO 80633- 132 40449-MH AGGREGATE INDUSTRIES-WCR INC PO BOX 337231 GREELEY CO80633- 133 103373 BAUMGARTNER HAROLD F PO BOX 144 BRIGHTON CO 80601- 134 242650 CONSOLIDATED MUTUAL WATER CO THE PO BOX 150068 LAKEWOOD CO 80215- 135 242658 CONSOLIDATED MUTUAL WATER CO THE PO BOX 150068 LAKEWOOD CO 80215- 136 242652 CONSOLIDATED MUTUAL WATER CO THE PO BOX 150068 LAKE WOOD CO 802'5- 137 242653 CONSOLIDATED MUTUAL WATER CO THE PO BOX 150068 LAKEWOOD CO 80215- 138 242654 CONSOLIDATED MUTUAL WATER CO THE PO BOX 150068 LAKE WOOD CO 802 I5- 139242655 CONSOLIDATED MUTUAL WATER CO THE PO BOX 150068 LAKEWOOD CO 80215- 140 242656 CONSOLIDATED MUTUAL WATER CO THE PO BOX 150068 LAKEWOOD CO 80215- 141 242657 CONSOLIDATED MUTUAL WATER CO THE PO BOX 150068 LAKEWOOD CO 80215- , 142 242658 CONSOLIDATED MUTUAL WATER CO THE PO BOX 850068 LAKEWOOD CO 80215- 143 251819 AGGREGATE INDUSTRIES WCR INC %CONNIE DAVIS BOX 337231 GREELEY CO80633- 144 251820 AGGREGATE INDUSTRIES WCR INC %CONNIE DAVIS BOX 337231 GREELEY CO 80633- 145 251821 AGGREGATE INDUSTRIES WCR INC %CONNIE DAVIS BOX 337231 GREELEY CO 80633- 146 251822 AGGREGATE INDUSTRIES WCR INC %CONNIE DAVIS BOX 337231 GREELEY CO80633- 147 251823 AGGREGATE INDUSTRIES WCR INC %CONNIE DAVIS BOX 337231 GREELEY CO 80633- 148 251824 AGGREGATE INDUSTRIES WCR INC %CONNIE DAVIS BOX 337231 GREELEY CO 80633- '49 59948-F BAUMGARTNER ROBERT&SHARON C'O ANDREW JONES 101111TH AVE GREELEY CO80631- 150 14646-AD BAUMGARTNERROBERT&SHARON 1564 MANOR WAY BRIGHTON CO 80601- 151 60789-F ASPHALT PAVING CO 14802 W 44TH AVE GOLDEN CO 80403- 152 248986 DOUBLE B DEVELOPMENT CORP 1021 HWY 85 P.O.BOX 8 BRIGHTON CO 80601- 153 248986 DOUBLE B DEVELOPMENT CORP 1021 HWY 85 PO BOX 8 BRIGHTON CO 80601- 154 42989-MH LYMAN HENN INC 110 16TH ST STE 900 DENVER CO 80202- 155 42990-MH LYMAN HENN INC 110 16111 ST STE 900 DENVER CO 80202- 156 43562-MB THORNTON CITY OF %GEI CONSOLINTS INC 6980 SOWN POTOMAC ST STE 300 CENTENNIAL CO 80401- r EXHIBIT G-1 Range 67 West Range 66 West " I i,. Legend , I!• Well located by distance from section line it 6 ♦ Well located by 1/4 1/4 i, , „ F' I Half-mile Boundary IF f//� Site Boundary Huett Seepage Ditch .... .....................123 Ina 5,5.0.,,,• ' 40 1'1 ,b,• I 94, Sy v 8 41 1 7e44 141 •134 I -7658 121 ' 'I(140 14 135 - • 7 91 B3 45 85� • gs ♦96 ' 78 •1 .. t^III ap• 126. '•43 46&l 3g Brighton Ditch 42 11112e 139`•3e, \6 •176 I __..... •. 11'6 ,], 137 23 11 10 86 142l66 27 S2g 707 I • 14.4 2 '19 II ' • e31 151 31 24 125 24 126 129 5, 715♦55 ♦ ♦ 146^`- •• 16 Township 1 North . 114 128• fit248. Ii52102 g.�, Brantner Ditch 1O2 143 147 fist i j fi4s - 1524.404t 12 ' G c(I,r 85 132171 ♦130 57' 4,5412435 09 S 53 25 98 T .. -- d+8 � 97+,08 �38�3�3�321 5 713 34,' l� 74 72 ,27 - I 50 28 ♦18 ♦155 22♦ 1• 56 2 f 110 • 156♦29- i 154♦6 1 120 3 , I . ?' t I I t Nrik-,,T Applegate Gr� :„ ,-...00- Group II 0 1,300 2,600 3,900 5,200 Feet ''''P 1 inch equals 2,000 feet - tr 1' - Exhibit G2 „^^ Aggregate Industries-WCR,Inc Wallenberg Lakes Water Rights Within 112 Mile of Site Map ID Water Right Name Owner Address 1 DI TIRRO WELL 1-6400-F ROBBINS,JAMES E POB 396 BRIGHTION,CO 80601421-1641 2 DI TIRRO WELL 4-13320F ROBBINS,JAMES E POB 396 BRIGHTION,CO 80601421-1641 3 BAUMGARTNER WELL 1-6291 C&M SAND CO 7916 NIWOT RD NIWOT,CO 80544449-6242 4 BAUMGARTNER WELL 2-6293 C&M SAND CO 7916 NIWOT RD NIWOT,CO 80544449-6242 5 BRIGGS SUMP 1 BRIGGS ALLREGATE %STEVE LABRJOLA 900 W 70TH AVE DENVER,CO 80221 428-3131 6 CCWCD WELL I-019805F CENTRAL CWCD 3209W 28TH ST GREELEY,CO 80631330-4540 7 CCWCD WELL 2-019807F CENTRAL CWCD 3209W 28111 ST GREELEY,CO 80631330-4540 8 CCWCD WELL 3-019806F CENTRAL CWCD 3209 W 28TH ST GREELEY,CO 80631330-4540 9 CCWCD WELL 4-020032-FCENTRAL CWCD 3209W 28171 ST GREELEY,CO 80631330-4540 0 CCWCD WELL 5-020033-F CCWCD N/A 1 CCWCD WELL 6-020034-F CCWCD N/A 2 DERSHAM SUMP 10456 DERSHAM,1 C 1206 WCR 23 3/4 FT LUPTON,CO 80621 659-5543 3 DERSHAM WELL 10455 HENSEL,ANNA JOYCE 253 OAK PARK DR SAN FRANCISCO,CA 94131 4 DERSHAM WELL 3690F DERSHAM,DAVID 6148 RD 210 PINE BLUFFS,WY 82082245-3892 5 MANCINI WELL 1-13410-F C&M SAND CO 7916 NIWOT RD X LUCERNE,CO 80646449-6242 6 MANCINI WELL 2-13409-F C&M SAND CO 7916 NIWOT RD LUCERNE,CO 80646449-6242 7 NAIL FOOD WELL 10-103367 N/A N/A 8 NAIL FOOD WELL 12-103368 N/A N/A 9 NATL FOOD WELL 13-103369 N/A N/A 20 NAIL FOOD WELL 14-103370 N/A N/A 21 NAIL FOOD WELL 15-103371 N/A N/A 22 NAIL FOOD WELL 16-103372 N/A N/A 23 NAIL FOOD WELL 17-103373 N/A N/A 24 NAIL FOOD WELL 18-103374 N/A N/A 25 NAIL FOOD WELL 19-103375 N/A N/A 26 NAIL FOOD WELL 20-113376 N/A N/A 27 NAIL FOOD WELL 22-103377 N/A N/A 28 NATL FOOD WELL 7-31022N/A N/A 29 NATL FOOD WELL 8-39157 N/A N/A 30 NATL FOOD WELL 9-103366N/A N/A 3I PERRY SUMP I ASPHALT PAVING CO 14802W 44TH AVE GOLDEN,CO 80403279-6611 32 PERRY SUMP 2 ASPHALT PAVING CO 14802 W 44TH AVE GOLDEN,CO 80403 279-6611 33 PERRY WELL ASPHALT PAVING CO 19802W 44TH AVE GOLDEN,CO 80403279-6611 34 PERRY WELL 2 ASPHALT PAVING CO 14802 W 44TH AVE GOLDEN,CO 80403279-6611 �- 35 PERRY WELL 3 ASPHALT PAVING CO 14802W 44181 AVE GOLDEN,CO 80403279-6611 36 SPENCER WELL 6647-F MOORE,WILMA U 6710W 28TH AVE WHEATRIDGE,CO 80033 37 STIEBER WELL I N/A N/A 38 WATTENBERG W NO 16006-F WATTENBERG IMPROVEMENT ASSOC 826 MARY AVE FT LUPTON,CO 80621 39 BAURER/EIBERGER W 49171 BAURER/EIBERGER 54 WCR 23 3/4 40 STILLWATER SKI LAKE AUG BAUER/EIBERGER 54 WELD COUNTY ROAD 233/4 BRIGHTON,CO 80601 41 STILLWATER SKI LK 47367 BAUER/EIBERGER 54 WELD COUNTY ROAD 233/4 BRIGHTON,CO 80601 42 ASPHALT PAVING PI LFH WL ASPIIALT PAVING CO 4802 WEST 44TH AVE GOLDEN,CO 80403 43 WATTENBURG RCHRG SUMP 2 ASPHALT PAVING CO 4802 WEST 44181 AVE GOLDEN,CO 80403 44 WATTENBURG RCHRG SUMP I ASPHALT PAVING CO 4802 WEST 44TH AVE GOLDEN,CO 80403 45 ROBERT W WALKER PUMP CCWCD 209 WEST 28TH ST GREELEY,CO 80631 46 WATTENBURG RES ASPHALT PAVING CO 480W WEST 44TH AVE GOLDEN,CO 80403[2796611] 47 WATTENBURG RES PUMP STA ASPHALT PAVING CO 480W WEST 44TH AVE GOLDEN,CO 80403(2796611] 48 SLOUGH DITCH I ASPHALT PAVING CO 480W WEST 44111 AVE GOLDEN,CO 80403[2796611] 49 SLOUGH DITCH 2 ASPHALT PAVING CO 480W WEST 44TH AVE GOLDEN,CO 80403 12796611) EXHIBIT G-2 ^1 Range 67" -West Range 66 West I Legend II Water Right Location(by 1/4 1/4) : Half-mile Boundary VA Site Boundary Ore I I V q Huett Seepage Ditch �,un•., , ,�q..„.,. 33 71 2 3 I e *le. ', Brighton Ditch m \v\�I` 44 X1,43 38 49 82 Township 1 North m �'" /* * pfp 0 Brantner Ditch 11 8 1,39 > 3y3�28 2y8�3.�� _ 1 I 2�!ZS 27�y9 434'• X1,13 . 18124 �r n 19 ) m i r i ............. .....Li..............7.' I Y N � 6 Applegate t Group, 0 1,300 2,600 3,900 5,200 Feet 1 inch equals 2,000 feet• r l7i i EXHIBIT H Wildlife Information To evaluate potential wildlife habitat impacts from the proposed operation, information was gathered from the Natural Diversity Information Source (NDIS). The NDIS combines plant and animal abundance data from the Colorado Division of Wildlife (DOW) and other Colorado natural resource agencies to be used for land-use analyses and decisions. The DOW was also contacted directly and comments were received during Clean Water Act Section 404 permitting meetings. There are no known threatened/endangered species within the proposed project boundary. The only exception could be wintering or year-round roosting/feeding bald eagles. However, there are no known nest sites within the proposed project boundary. The proposed Wattenberg Lakes site is a working ranch used primarily for livestock grazing with some areas cultivated for tree production and other crops. The site also contains a mixture of open water, riparian, wetland, and upland habitats consisting of native vegetation. Cattail marsh, wet meadow, and stands of willow and mature cottonwoods are all found on the proposed site. Wildlife known to be common or abundant in Weld County, and which might occur within or near the proposed project site, include a variety of amphibians, reptiles, birds, and mammals. Frogs, toads, salamanders, lizards, and snakes would all be expected to inhabit areas similar to those found within or near the proposed site. Common species could include the bullfrog, plains spadefoot toad, tiger salamander, plains garter snake, and fence lizard. Many birds may use habitats similar to those found at the proposed Wattenberg Lakes site, either year-round, seasonally for nesting, or temporarily for roosting during migration. Some of the common or abundant species could include robins, starlings, grackles, magpies, blackbirds, cowbirds, orioles, finches, sparrows, swallows, wrens, yellowthroats, larks, kingbirds, and doves. Burrowing owls have previously been observed on portions of the site during the summer months: Mining in these areas will be limited or excluded during this time of the year to minimize conflicts with the owls. Because of the abundant wetland and open water habitat within and near the proposed project site, shore birds and waterfowl such as killdeer, herons, gulls,pelicans, ducks, Canadian geese, and grebes might also be present. It could be expected that most mammals common or abundant in Weld County would be found near or within the proposed Wattenberg Lakes site. Smaller mammals that might be found at the proposed project site might include bats, mice, voles, gophers, cottontail rabbits, squirrels, muskrats, raccoons, and skunks. Although several species of mice may occur within the proposed project boundary, suitable habit for the endangered Prebles Meadow Jumping Mouse was not found. Some of the larger mammals could include both mule and white tailed deer, coyote, and fox. Wattenberg Lakes DMG 112 Permit Page 18 The mining operation may disturb some of the wildlife within the proposed site boundary and adjacent area. However, mining activities will be confined to specific areas and reclamation will be performed concurrent with mining to limit the total disturbed acreage at any one time. This will help limit the disturbance to wildlife in the area. Watienberg Lakes DMG 112 Permit Page 19 EXHIBIT I Soils Information According to the Soil Survey of Weld County, Colorado, Southern Part (United States Department of Agriculture, Soil Conservation Service, September 1980), there are three major soil types within the proposed project site: 1. Altvan loam, 2. Aquolls and Aquants, and 3. Dacono clay The location of these soil types is illustrated on the attached map. Altavan loam The Altavan loam soil type is present within the proposed project site at 0 to 1 percent slopes and 1 to 3 percent slopes. They are deep, level and nearly level, well-drained terrace soils formed in alluvium. Permeability and available water capacity are moderate. For the lower sloping areas, surface runoff is slow, and the erosion hazard is low. In areas with steeper slopes, surface runoff is medium, but the erosion hazard is still low. This soil is used almost entirely for irrigated crops. It is suited to all crops commonly grown in the area, but the high clay content and rapidly permeable substratum slightly restrict some crops. The potential is only fair to good for urban and recreational development. The main limitations are the shrink swell, potential of the subsoil as it wets and dries and the rapid permeability of the sand and gravel substratum. The soil can produce habitat elements that are highly suitable for openland wildlife including pheasant, cottontail, and mourning dove. Plantings of trees and shrubs commonly grown in the area are generally well suited to this soil. Aquolls and Aquants, gravelly substratum The Aquolls and Aquants are deep, level and nearly level, poorly drained soils formed in alluvium. Located on flood plains along major streams throughout the area, this soil type is found in areas that are subject to flooding. It is also the most dominant soil type within the proposed project site. The water table is at or near the surface early in spring and recedes to as deep as 48 inches late in fall. Areas containing these soils are used mainly for rangeland and wildlife habitat. The potential is good for development of wetland wildlife habitat and also as a source of sand and gravel. Wetness and the hazard of flooding are the main limitations in farming and for most other purposes. Wattenberg Lakes DMG 112 Permit Page 20 Dacono clay The Dacono clay soil type is present within the proposed project site at 0 to 1 percent slopes and 1 to 3 percent slopes. They are deep, level and nearly level, well-drained terrace soils formed in alluvium. Permeability is moderately slow and available water capacity moderate. For the lower sloping areas, surface runoff is slow, and the erosion hazard is low. In areas with steeper slopes, surface runoff is medium,but the erosion hazard is still low. This soil type is used almost entirely for irrigated crops. It is suited to all crops commonly grown in the area, but the high clay content and rapidly permeable substratum slightly restrict some crops. The soil is only fair to good for urban and recreational development. The moderate to high shrink-swell potential, low strength, and moderately slow permeability create problems in dwelling and road construction. The soil can produce habitat elements that are highly suitable for openland wildlife including pheasant, cottontail, and mourning dove. Plantings of trees and shrubs commonly grown in the area are generally well suited to this soil. Wattenberg Lakes DMG 112 Permit Page 21 EXHIBIT 42 7 ( ,oL ) C(I R6 W k `.., zz / 1 10 l . / 39 -rti/ g 8 3 7,..„..... �i l ' I , 23 16 48 41 f � �� gq 211\\A l7 1. 79 21 10 ' t hA \\\ / W . OU ROAD" 1 wmu.1.9, , (�j� 68 �( 48 P3. I 1jI?1ii: : tFk`E 4 's 4¢ 9 1 `� 1 rGzp L� I's 21 e. 1 3 6• / iI k-46 TCiTj , x v 82 d 1.11.01-18."" e ,xxl d 22 1 �k , 0 1 Ti "I 79 f 53 f 1 a - wa 1 0 �,4 a h. 3 t. 1 I/ ,M1 i1 I 1 fi! ' � �� 3 P 21 I. 17 it 7 4 1 'ti% $ �yy pL� 4 in ..411,4 4 AlbIii 555999 � r mF. Y $ 'q,. I ,� y.. 1 a �, 1 4 n � y," k l `44 ,1 36 °;'l , R tea g° 3 S �t 5 a, eta f € n b 1 , 422D BO ' - I�r�{ 10 -21 / KEY TO SOIL TYPES: (1- )1 1 . ALTVAN LOAM, 0 TO 1 PERCENT SLOPES 2. ALTVAN LOAM, 1 TO 3 PERCENT SLOPES I 3. AQUOLLS AND AQUENTS, GRAVELY SUBSTRATUM 2000 1000 0 2000 21 . DACONO CLAY LOAM, 0 TO 1 PERCENT SLOPES SCALE IN FEET �,.: 09/11/03 Applegate 1 m W0: 00-107 INDUSTRIES .Sw Group,M.. 3 ty Deser DISC. WATTENBERG LAKES uIdtts tesea,+me.k,and Weser p Checked: YOL SOILS MAP 1199wat13phAK,SSte.3W mc,D . Co w234 Mt Jnr (303)452-6611 Fox(301)15-3739 EXHIBIT J Vegetation Information Vegetation information was gathered from the Soil Survey of Weld County, Colorado, Southern Part (United States Department of Agriculture, Soil Conservation Service, September 1980), and the Wetland Delineation Report prepared for the proposed site by ERO Resources Corp. The proposed site is a working ranch used primarily for livestock grazing with some areas cultivated for tree production and other crops. Native grasses including wheat grasses, switchgrass, blue grama, and buffalo grass tend to dominate soils found in upland areas. Trees best suited for these upland soils include Rocky Mountain juniper, eastern red cedar, ponderosa pine, Siberian elm, Russian-olive, and hackberry. The shrubs best suited are skunk brush sumac, lilac, Siberian peashrub, and American plum. Several delineated jurisdictional wetlands occur on the site and include areas in or along the South Platte River floodplain, Huett Ditch, Lupton Slough, and Burlington Ditch. Terraces bordering the South Platte River floodplain contain cottonwood forests with a grassy and mixed- forb understory characterized by wetland herbaceous and shrub species. Sandbars on the west side of the river contain sandbar willow and plantain in wetland areas. On the upper terrace on the east side of the river a large portion of wetland area is dominated by prairie cordgrass, with curly dock, poison hemlock, showy milkweed, reed canary-grass, Baltic rush, and stands of sandbar willow also being present. Where standing water occurs along the Huett Ditch, cattails and other wetland species dominate. Along the channel, patches of sandbar willow mixed with peachleaf willow, plains cottonwood, and Russian olive occur. Russian olive and plains cottonwood are scattered on the terrace above the channel where the herbaceous layer is dominated by saltgrass. Several wetland areas within the proposed project site, including the Lupton Slough, are dominated by broadleaf cattails. The cattail areas are bordered by other wetland species including threesquare bulrush and Emory's sedge, which eventually give way to saltgrass, the dominant species surrounding the slough. Trees and shrubs such as plains cottonwood, Russian olive, peachleaf willow, and sandbar willow also border the cattail areas within the slough. In the southwest corner of the proposed project site, wetlands occur at the base of the Brighton Ditch embankment. Vegetation in this area is dominated by sandbar willow, reed canary-grass, and Baltic rush. Watlenberg Lakes DMG 112 Permit Page 22 EXHIBIT K Climate Climate information was available for the Brighton weather station from the Colorado Climate Center(sponsored by Colorado State University). The climate data collected from 1973 through 1997 indicates the total annual precipitation at the site to be approximately 14.55 inches per year and annual mean temperature to be approximately 46 degrees Fahrenheit. Monthly average temperature and precipitation data for the 25-year period of record are provided in the following table. Average Monthly Average Monthly Temperature (°F) Precipitation Maximum Minimum (inches) January 41.9 13.6 0.48 February 47.3 18.6 0.41 March 55.4 25.7 1.26 April 63.5 33.3 1.56 May 72.4 42.9 _ 2.56 June 83.5 51.8 1.84 July 88.6 56.5 1.55 August 86.2 54.7 1.53 September 78.6 46.0 1.01 October 67.7 34.3 0.87 November 51.1 22.8 0.93 December 43.8 15.8 0.55 Mean/Total 60.0 32.0 14.55 Watienberg Lakes DMG 112 Permit Page 23 EXHIBIT L Reclamation Cost Estimate In order to calculate maximum potential reclamation liability to the State, we have selected a point in time where the mining disturbance could be at is maximum. This point occurs during the mining of Phase III. At this time the active mining face and interior walls of the Pond 3 mining area will be at its greatest length. There will be shoreline (exterior mine area wall) under reclamation in the Pond 3 mining area. Please refer to Exhibit D for a listing of disturbed areas that total 31.8 acres. This estimate will follow the same order as the listing in Exhibit D. Unit Cost Aspect Reclamation Operation Quantity Units ($) Cost($) Pond 3 A Slurry Wall, 10,000 LFx 30 feet deep 60,000 SqFt 3 180,000 (20%) 4 B Stripped Overburden and Topsoil in Anticipation of Mining 1. Replace overburden, 6"x 10 acreas 8,067 CY 0.85 6,857 2. Replace topsoil, 6"x 10 acres 8,067 CY 0.85 6,857 3. Seed and mulch 10 Ac 675 6,750 4. Reseed 20% 2 Ac 675 1,350 C. Active Mining Face, 2,000 feet 1. Backfill slope to 3H:1V 100,000 CY 0.85 85,000 2. Replace topsoil above water level, 370 CY 0.85 315 6"x 10 ft x 2,000 ft 3. Seed and mulch 0.5 Ac 675 310 4. Reseed 20% 0.1 Ac 675 62 D Side slopes being Baclflled, 1,000 feet I. Backfill slope to 3H:1V 50,000 CY 0.85 42,500 2. Replace topsoil above water level, 185 CY 0.85 157 6" x 10 ft x 1,000 ft 3. Seed and mulch 0.2 Ac 675 155 4. Reseed 20% 0.0 Ac 675 31 Top of Slope and Side Slope Seeding, E. 1,000 feet 1. Seed and mulch 0.2 Ac 675 135 2. Reseed 20% 0.0 Ac 675 27 Wattenberg Lakes DMG 112 Permit Page 24 Unit Cost Aspect Reclamation Operation Quantity Units ($) Cost ($) Mining Area 1 F. Backfilled, graded, and seeded 1. Seed and mulch 11.5 Ac 675 7,763 2. Reseed 20% 2.3 Ac 675 1,553 Miscellaneous Aspects - G. Roads and Conveyors 1. Demolition and removal of 1 LS 50,000 50,000 Conveyor Bridge _ 2. Scarify compacted ground I Ac 25 25 3. Replace topsoil, 6" x 1.0 acres 807 CY 0.85 686 4. Seed and mulch 1 Ac 675 675 5. Reseed 20% 0.2 Ac 675 135 H. Topsoil and Overburden Stockpiles 1. Material removed for other 0 Aspects 2. Seed and mulch 3.5 Ac 675 2,363 3. Reseed 20% 0.7 Ac 675 473 Employee Facilities and Maintenance 1 Station 1. Scarify compacted ground 0.5 Ac 25 13 2. Replace topsoil, 6"x 0.5 acres 403 CY 0.85 343 _ 3. Seed and mulch 0.5 Ac 675 338 4. Reseed 20% 0.1 Ac 675 68 Total Disturbance Costs $394,936 Contractor Mobilization/Demobilization (8%) 0.08 $31,595 Overhead (18.5%) 0.185 $73,063 Administration (5%) 0.05 $19,747 Total Proposed Financial Warranty 1 $519,341 Disturbed Acreage 31.8 Financial Warranty per Acre $16,331 Wallenberg Lakes DMG 112 Permit Page 25 EXHIBIT M Other Permits and Licenses • Weld County Use By Special Review Permit • Weld County Flood Hazard Development Permit • APEN, Colorado Department of Public Health and Environment Air Pollution Emission Notification Permit. • CDPS, Colorado Department of Public Health and Environment Colorado Discharge Permit System Permit • CWA Section 404 Dredge and Fill Permit, U.S. Army Corp of Engineers • Well Permit and Substitute Supply Plan, Colorado State Engineer's Office Wattenberg Lakes DMG 112 Permit Page 16 EXHIBIT N Source of Legal Right to Enter See attached material. Wattenberg Lakes DMG 112 Permit Page 27 WATTENBERG RESERVOIRS WELD COUNTY, COLORADO March 2001 EXHIBIT N-SOURCE OF LEGAL RIGHT-TO-ENTER This document is evidence that in accordance with an agreement dated October 24, 2000, the City of Westminster has granted Aggregate Industries — WCR, Inc. permission to enter their property located near the South Platte River and Weld County Road 6 in Weld County, Colorado, for the purposes of mining, constructing reservoirs, reclaiming the property, and making relevant application to Weld County, Colorado, the State of Colorado Division of Minerals and Geology and any other necessary agencies for the purposes of permitting the property as a sand & gravel mine site in accordance with the permits and approvals to be issued. 3 1Vol Owner C i.l.-,' cA' we$.rvvi;N ,, Date The foregoing statement was acknowledged before me this itn th day of MARCH- , 2001 \-u`err') CHusroPHe2 as L.‘rr P'1 AMAG6 tt City of Westminster, Colora . My Commission Expires: O8/3 /200 to up]'c My address is: (MS lC, 9 Ist p e 1 ARTICLES OF MERGER sa�r ,vvoce tas geeerr9ATE OF �visN �r�k�i1VE 06. G-LG - \'L CAMAS COLORADO, INC., Q L VN(to"O an Indiana corporation y5ecJ�lwy) S\tCV\\\0 AND AGGREGATE INDUSTRIES-WCR, INC.,pec ppO\1ra1Z�� a Colorado corporation 20001253953 C. To the Secretary of State $ 110.00 State of Colorado SECRETARY OF STATE... 12-27-2000 14:31:13 Pursuant to the provisions of Section 7-111-105 of the Colorado Business Corporation Act, the domestic business corporation and the foreign business corporation herein named do hereby submit the following Articles of Merger. 1. The name and state of incorporation of each of the constituent corporations participating in the merger is as follows: Name of Corporation State of Incorporation CAMAS Colorado,Inc. Indiana ("CAMAS") Aggregate Industries -WCR, Inc. Colorado ("AI-WCR") 2. Annexed hereto and made a part hereof is the Plan of Merger for merging CAMAS, an Indiana corporation with and into AI - WCR, a Colorado corporation as approved by Unanimous Written Consent of the Board of Directors of CAMAS on December 22, 2000, by Written Consent of the Sole Shareholder of CAMAS on December 22, 2000, by Unanimous Written Consent of the Board of Directors of AI-WCR on December 22, 2000, and by Written Consent of the Sole. Shareholder of AI-WCR on December 22,2000. 3. The number of votes cast for the Plan of Merger by each voting group of CAMAS entitled to vote separately on the merger was sufficient for approval by that voting group. 4. The number of votes cast for the Plan of Merger by each voting group of AI-WCR entitled to vote separately on the merger was sufficient for approval by that voting group. ' COMPUTER UPDATE COMPLETE • MJ n • 5. .The merger herein provided for.is permitted by the laws of the • jurisdiction of organization of CAMAS and is in compliance with said laws. 6. AI-WCR will continue its existence as the surviving corporation upon the effective date of the merger pursuant to the provisions of the Colorado Business Corporations Act. 7. The executed Plan of Merger is on file at the principal office of AI- WCR, which is located at 3605 S. Teller Street, Lakewood, Colorado 80235. 8. The effective time of the Plan of Merger shall be 11:59 p.m. M.S.T. on December 31, 2000. • • [SIGNATURE PAGE FOLLOWS] • 2 1 The foregoing Articles of Merger are hereby agreed to and executed_ CAMAS COLORADO,INC., an Indiana corporation By J es M. Addams,President AGGREGATE INDUSTRIES : WCR, INC., a Colorado corporation By: . C-2.4 J es M.Addams, President r 2r459nj.Doc • • PLAN OF MERGER OF. CAMAS COLORADO,INC.,an Indiana corporation WITH AND INTO AGGREGATE INDUSTRIES•WCR,INC.,a Colorado corporation PLAN OF MERGER approved on December22,2000 by CAMAS Colorado, Inc., a business corporation of the State of Indiana("CAMAS"),and by resolution adopted by its Board of Dim-tors on said date,and approved on December 22,2000 by Aggregate Industries-WCR,Inc., a business corporation organized under the laws of the State of Colorado ("AI-WCR"), and by resolution adopted by its Board of Directors on said date. 1. At 1159 p.m. M.S.T. on December 31, 2000 (the "effective time and date") CAMAS shall, pursuant to the provisions of the Indiana Business Corporation Law and of the Colorado Business Corporations Act, be merged with and into AI-WCR, which shall be the surviving corporation at the effective time and date of the merger and which is sometimes hereinafter referred to as the "surviving corporation"; and which shall continue to exist as said surviving corporation under its present name pursuant to the provisions of the Colorado Business Corporation Act. The separate existence of CAMAS,which is sometimes hereinafter referred to as • the "terminating corporation", shall cease at the effective time and date in accordance with the provisions of the IndianaBusiness Corporation Law. . 2. The Articles of Incorporation of the surviving corporation as in force and effect at the effective time and date of the merger in the State of Colorado shall be the Articles of Incorporation of said surviving corporation and said Articles of Incorporation shall continue in full force and effect until amended and changed in the manner prescribed by the laws of the State of Colorado. • 3. The bylaws of the surviving corporation as in force and effect at the effective time and date of the merger will be the bylaws of said surviving corporation and will continue in full force and effect until changed, altered, or amended as therein provided and in the mariner ' prescribed by the provisions of the laws of the State of Colorado. 4. The directors and officers in office of the surviving corporation upon the effective date of the merger shall be the members of the first Board of Directors and.the first officers of the surviving corporation,all of whom shall hold their directorships and offices until the election and qualification of their respective successors or until their tenure is otherwise terminated in accordance with the bylaws of the surviving corporation 5. Each issued share of the terminating corporation shall,upon the effective date of the merger,be converted into five shares of the surviving corporation, and the issued shares of the terminating corporation shall be canceled. The issued shares of the surviving corporation shall not be converted in any manner. l•11M 6. The Plan of Merger herein made and approved shall be submitted to the sole shareholder of the terminating corporation for its approval or rejection in the manner prescribed by the provisions of the Indiana Business Corporation Law and to the sole shareholder of the surviving corporation for its approval or rejection in the manner prescribed by the laws of the State of Colorado. 7. If the Plan of Merger shall have been approved by the sole shareholder of the terminating corporation in the manner prescribed by the provisions of the Indiana Business Corporation Law and by the sole shareholder of the surviving corporation in compliance with the laws of the State of Colorado, the terminating corporation and the surviving corporation hereby stipulate that they will cause to be executed and filed and/or recorded any document or documents prescribed by the laws of the State of Indiana and by the State of Colorado, and that they will rause to be performed all necessary acts therein and elsewhere to effectuate the merger. 8. The Board of Directors and the proper officers of the terminating corporation and of the surviving corporation, respectively, are hereby authorized, empowered, and directed to do any and all acts and things, and to make, execute, deliver, file, and/or record any and all • instruments,papers, and documents which shall be or become necessary, proper,or convenient to carry out or put into effect any of the provisions of this Plan of Merger or of the merger herein provided for. 9. The effective time and date_of the merger herein provided for in the State of Indiana shall be 11:59 p.m.1vLS.T.on December 31,2000. • [SIGNATURE PAGE FOLLOWS] • • 2 EXHIBIT 0 Owner of Record of Affected Land (Surface Area) and Owner of Substance to be Mined See Exhibit C, Pre-Mining/Mining Plan Map. Wattenberg Lakes DMG 112 Permit Page 28 EXHIBIT P Municipalities within Two Miles City of Brihton 22 South 4` Avenue Brighton, Colorado 80601 City of Fort Lupton 130 S. McKinley Avenue Fort Lupton, Colorado 80611 wan en berg Lakes DMG 112 Permit Page 29 EXHIBIT Q Proof of Mailing Notices to County Commissioners and Soil Conservation District See attached. Watt en berg Lakes DMG 112 Permit Page 30 \yr LD C0UllFr" flak -:: Applegate cry,” rii't P,`> Group, Ilic. MI JUL 1 ti AM 8: 20 Consultants for Land, Mineral and Water RECEIVED LETTER OF TRANSMITTAL DATE: 7/14/04 PROJECT: Wattenberg Lakes AG JOB #: 00-107 I TO: Weld County Board of County Commissioners 915 101h Street 1 Greeley, CO 80631 1 WE TRANSMIT: THE FOLLOWING: FOR YOUR: i ■ Attached n Prints/Bluelines ■ Use 1 nUnder Separate Cover Originals n Approval I nInformation Below Ill Copy of Letter n Information I n Applications n Review & Comment i nSpecifications n Material Returned i nOther 1 1 Revise & Resubmit Number of Copies Dated Sheets Description i 1 07/14/04 DMG submittal form and DMG 112 Application j including Exhibits A and B. Remarks: The enclosed material is provided to fulfill the requirements of the attached Colorado Mined Land Reclamation Permit application. Copy to:File Signed: ;' // / Y �jj-�L- '' L fec . w/Enclosures: 5441 Boeing Drive,Suite 200 • Loveland,Colorado 80233 • (970)461-9884 • (Fax)(970)613-1177 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 Aggregate Industries — WCR, Inc._ (the "Applicant/Operator") has applied for a Regular (112) reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials operations in WELD County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Minerals and Geology (the"Division") and the local county clerk or recorder. The applicant/operator proposes to reclaim the affected land to Developed 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 application within twenty (20) days of the relate of last publication of notice pursuant to Section 34-32-112 (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 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. Applegate - Group, nt:• Consultants for Land, Mineral and Water LETTER OF TRANSMITTAL DATE: 7/14/04 PROJECT: Wattenberg Lakes AG JOB #: 00-107 TO: West Adams Soil Conservation District 57 West Bromley Lane //jam Brighton, CO 80601 �c to ��. IN (ie WE TRANSMIT: THE FOLLOWING: FOR YOUR: ■ Attached n Prints /Bluelines ■ Use Originals n Under Separate Cover ❑ g inals n Approval nInformation Below • Copy of Letter n Information nApplications n Review & Comment nSpecifications n Material Returned nl 1 Other ^ Revise & Resubmit 1 Number of Copies Dated Sheets Description 1 07/14/04 DMG submittal form and DMC 112 Application including Exhibits A and B. Remarks: The enclosed material is provided to fulfill the requirements of the attached Colorado Mined Land Reclamation Permit application. i 7i J � Copy to:File Signed: �/L w/Enclosures: 5441 Boeing Drive,Suite 200 • Loveland,Colorado 80233 • (970)461-9884 • (Fax)(970)613-1177 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 WEST ADAMS SOIL CONSERVATION DISTRICT _Aggregate Industries — WCR, Inc. (the "Applicant/Operator") has applied for a Regular (112) reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials operations in WELD County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Minerals and Geology (the "Division") and the local county clerk or recorder. The applicant/operator proposes to reclaim the affected land to Developed 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 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 Jard on this application, you must submit written comments on the application within twenty (20) days of the uate of last publication of notice pursuant to Section 34-32-112 (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 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. EXHIBIT R Proof of Filing with County Clerk or Recorder See attached. Wattenberg Lakes DMG 111 Permit Page 31 ` Applegate ‘ut.a_ t� „ N U � l-N„a E Y , SC ,,f_. Group Consultants for Land, Mineral and Water 7,W1 JUL 1 Li AM 8: 20 LETTER OF TRANSMITTAL RECFR/7D DATE: July 14, 2004 PROJECT: Wattenberg Lakes AG JOB # 00-107 TO: Weld County Clerk to the Board 91510`" Street Greeley, Colorado 80631 I WE TRANSMIT: THE FOLLOWING: FOR YOUR: MIPrints/Bluelines Attached pi � Use nUnder Separate Cover n Original n Approval nInformation Below Copy n Information nApplications n Review & Comment nSpecifications n Material Returned nOther ^ Revise& Resubmit Number of Copies Dated Sheets Description 1 7/14/04 Construction Materials Regular (112) Operation Reclamation Permit Application—Wattenberg Lakes, Aggregate Industries—WCR,Inc. Remarks: Submission of this material satisfies requirements of the Mine Land Reclamation Board Regular 112 Operation Reclamation Permit Application. The enclosed application material must remain for public review at least sixty (60) days after a decision on said application has been made the Office of Mined Land Reclamation (Rule 1.6.2 (2)). Confidential materials were purposely excluded. /1 /1 4 Copy to:File Signed: t w/Enclosures: 5441 Boeing Drive,Suite 200 • Loveland,Colorado 80233 • (970)461-9884 • (Fax)(970)613-1177 EXHIBIT S Permanent Man-Made Structures within 200 Feet of the Affected Land 1. Power Lines/Poles 2. Phone Lines/Poles 3. Brighton Ditch 4. Huett Seepage Ditch 5. Oil and Gas Lines 6. Oil and Gas Wells, Pumps, and Tank Batteries 7. Fences/Structures 8. Unimproved roads 9. Houses and outbuildings Aggregate Industries believes that the mining operation, as proposed, will not adversely affect any of the permanent, man-made structures located within 200 feet of the affected area. However, the applicant still anticipates providing evidence of agreements for compensation with the appropriate structure owners or engineering evaluations that adequately demonstrate that the proposed mining and reclamation operations will not result in damage to the structures. Until the agreements or engineering evaluations are provided, mining will remain at least twice the pit depth from significant, valuable, or permanent man-made structures not controlled by the applicant. Structures within the affected area that are not owned by the applicant will be removed or relocated during mining. Mining activities will avoid structures within the affected area that can not be removed or relocated. Until agreements with the structure owners are in place, and the structures are removed or relocated, mining will remain at least twice the pit depth from the structures. Alternatively, if structures are not removed from the affected area, engineering evaluations may be provided that adequately demonstrates that the proposed mining and reclamation operations will not result in damage to the structures. Wattenberg Lakes DMG 112 Permit Page 32 NOTICE This site is the location of a proposed construction materials operation known as Wattenberg Lakes. Aggregate Industries — WCR, Inc., whose address and phone number is 1707 Cole Boulevard, Suite 110, Golden, CO 80401, (303) 985-1070, 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 Weld County Clerk and Recorder's Office, 1402 N. 17'"Avenue,Greeley, CO 80631, and should send written comments prior to the end of the public comment period to the Division of Minerals & Geology; 1313 Sherman Street; Room 215; Denver, CO 80203. CERTIFICATION: I, William Schenderlein of Applegate Group, Inc., an agent for Aggregate Industries— WCR, Inc., hereby certify that I posted a sign containing the above notice for the proposed permit area known as Wattenberg Lakes, op July 9, 2004. 7 / / SIGNATURE DATE STATE of COLORADO DIVISION OF MINERALS AND GEOLOGY f ^ Department of Natural Resources '.,', 1313 Sherman St., Room 215 /! V Denver,Colorado 80203 + JUL D D O LO RAD O Phone:(303)866-3567 1 6 2004 M I N FORA L S FAX:(303)832-8106 ; GEOLOGY R ECLAMATION•MINING SAFETY•SCIENCE 6311 Owens July 22, 2004 Governor Russell George Mr. Bill Schenderlein Executive Director Applegate Group, Inc. Ronald W.Cattany 1499 W. 120th te. 200 Division Director Ave.,, Natural Resource Trustee Denver, CO 80234 Re: Wattenberg Lakes, File No. M-2004-0.51, Incomplete 112 Construction Materials Reclamation Permit Application Package Dear Mr. Schenderlein: On July 14, 2004, the Division of Minerals and Geology received your l 12 Construction Materials Reclamation Permit Application package for the Wattenberg Lakes, File No. M-2004-051. Preliminary review of the information received determined that the following items must be received before the Division can consider your application as being submitted and technical review can begin: I XHIDiT N - Source of Legal Right to Enter(Rule 6_4.14): You must provide the source of your legal right to enter and initiate a mining operation on the affected land. Your application will not be considered submitted until the information listed above is received and found sufficient to begin our review. A decision date will be established 90 days from the date of receipt of all of the requested information. Additionally, if you have already published notice you will need to republish notice, after the Division considers the application submitted. This notice must be published once a week for four (4) consecutive weeks, starting within ten (10) days of the date your application is considered submitted. We will notify you when you should initiate republication of your notice. The final date for receiving comments is the 20th day after the fourth publication or the next regular business day. You have sixty(60) days from the above date to submit all necessary documents that the Office needs for an application to be considered fled. If, at the end of the sixty day period,the application has not been determined to be filed with the Office, the Office shall deny the application and terminate the application file. This letter shall not be construed to mean that there are no other technical deficiencies in 3rour application. The Division will review your application to determine whether it is adequate to meet the requirements of the Act after submittal of all required items. Sin•erely, u. arl B. Mount Senior Environmental Protection Specialist cc: Damian Murphy, Aggregate Industries-WCR,Inc. Office of Office of Colorado Mined Land Reclamation Active and Inactive Mines Geoloeical Survey RI- JUL 2 6 2004 BY: July 23,2004 IS Mr.Carl B.Mount AGGREGATE Division of Minerals and Geology FAX: (303) 832-8106 INDUSTRIES 1313 Sherman Street, Room 215 Denver,CO 80203 Re: Wattenberg Lakes Reclamation Permit Application Exhibit N—Legal Source of Right to Enter re Parcel No. 146936000029 Dear Carl: Yesterday you called and advised that Aggregate Industries' Wattenberg Lakes reclamation permit application failed to provide a legal source of right to enter the above-referenced parcel, which is located within the limits of mining and is referenced on the property owner list on Exhibit C Pre-Mining/Mining Plan as being owned by Martin G. and Evelyne S. Schmidt. This parcel was in fact transferred from Schimdts to CAMAS,now known as Aggregate Industries, on January 26, 1998 by Special Warranty Deed that included other parcels in the vicinity, all of which were subsequently transferred from CAMAS to the City of Westminster on December 21, 1999. I researched records within the Weld County Clerk and Recorder's Office and the Weld County Assessor's Office and discovered that they failed to note the transfer of this particular parcel. The Weld County Assessor's Office has reviewed this matter and corrected their records. A corrected copy of a property profile from the Weld County Assessor's Office for the above- referenced parcel is enclosed. The corrected profile identifies the City of Westminster as the current property owner. The enclosure,together with the Source of Legal Right-to-Enter, executed by the City of Westminster and submitted with the application documents, should complete the requirements of Exhibit N, as all parcels within the proposed permit boundary are owned either by Aggregate Industries or the City of Westminster. Please contact me if you have any questions or require additional information. Very truly yours, t Connie N.Davis Land Resources Assistant cc: Clerk to the Board,Weld County Board of County Commissioners Bill Schenderlein,Applegate Group Aggregate Industries-WCR,Inc. Aggregate Industries ^ West Central Region, Inc. P O Box 337231 Greeley Colorado 80633 361 71st Avenue Greeley Colorado 80634 Telephone (970)353-2005 Facsimile(970)378-6856 An Equal Opportunity Employer PROPERTY PROFILE Account: R6089486 Account Type: Agricultural Tax Year: 2004 Version: 20040723004 Parcel: 146936000029 Area ID: 2522 Mill Levy: 83.230000 APR District: Estimated Tax: 15.81 Status: A * This Mill Levy is from the most recent tax roll R1/2*�r+�k—� g 1 �R Ip�rh.� , r��i� `� , g ,l yq�'�E§I s5t(��a s��a,�ti^j�i�i� ':.,�' a pl (Rt 016.05„.. 017��r .:�k a .�O' 011i9hittl, WESTMINSTER CITY OF 20194 N2NW4 36 1 67 EXC BEG NE COR NW4NW4 THENCE C/O DIRECTOR OF PUBLIC WORKS N89D52'W 30'TOW R/W LN OF WCR 23-1/2 TO TRUE POB 4800 W 92 AVENUE THENCE S440.43'S08D08'E ALONG EXIST- ING R/W FENCE WESTMINSTER, CO 80030 S28D20'E 117.40'S37D35'E 164.40' N89D34'W 314.10'TO A PT ON W LN OF BRIGHTON DITCH THENCE N28D43'W 200' N13D56'W 194.45' N06D22'E 189.68' N11D34'W 202.45' P1, s } e THENCE S89D52'E 309.25'TO TRUE POB ALSO EXC BEG NW COR OF SEC S89D52'E 979.63'TO A PT ON W LN OF - BRIGHTON DITCH S11D34'E 202.45' S06O22'W 189.68' Sl3D56'E 194.45'S38D43'E 200'S67O21'E 314.50' S27D30'E WELD, CO 126'S07D32'W 139.10'S28D44'W 225.35'THENCE N89D53'W 1363.51'TO SW COR N2NW4 N1318.54'TO BEG (1.50R .50R) WELD Assessment Information " �: { a nt1Raimup ur �.kP(:vwrisuinmm sw, 4i r a� �usmI rld,d nwit � 4 isrt $$.'t1 i₹,tU: ApkrAa R6ta nt, '�°„'ip4"y�irg4.�}'94 t "cr,,E aOpt.�:', '+ 4zt t�, r r ,, vtif7"i v+sr tt� mama '1 Amy it ' '{, Y°+�'"ru"? '41 t� c 'rA� y4 a ,T vi 'ale- e¢4t',s p44, _�," i(r ., ma,,q Am z .r. f Fax wr purer y,a t• �t.im S3 ✓.n ' os• 4,�`i; • 0 0 0 0 0 0 0 640 190 "" 640 190 0 m s � ltZli*1 rntgat4 reimii,., tia' t„ l u r* F; a , E d.roL to,T.1,r ` ddNdiI. fi 4,ig, 104' • kelaERMI640 190 0 36.910 ® ° a1 0 0 0 . ` , , 640 190 190 r al ,t p 1 F4 ;.: ��.r:.:- ..»i� a; , Iaka'.da�`� �.... 'a 5;d 7�S�t�-tA,��S�. ,�-. i�r� �.,'f.,ax. Weld County AUG-04-04 11:53 FROM-Colorado Division of Minerals & Geology +13038663567 T-300 P.002/002 F-332 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Natural Resources 1313 Sherman St.,Room 215 COLORADO Denver,Colorado 80203 DCVISION OF Phone:(303)866-3567 1N.I N E RA L S FAX:(303)8324106 GEOLOGY I.ECLAPIATION•HINING ZAPiTY•SCI•SCIENCL'E July 29,2004 Bill Owens Cm crnor Mr.Damian Murphy Russaa George Aggregate Industries-WCR Inc. Executive Dlreetor 1707 Cole Blvd, Ste. 100 • Ronald W.Canny Golden, CO 80401 Division Director Natsral Resource Trustee Re: Receipt of 112 Construction Materials Reclamation Permit Application, Wattenberg Lakes, File No.M-2004-051 Dear Mr.Murphy: On July 29, 2004,the Division of Minerals and Geology received your 112 Construction Materials Reclamation Permit application for the Wattenberg Lakes, which is located in Weld County. All comment and review periods began on July 29,2004. The decision date for your application is scheduled for October 27,2004. Within ten(10)days after submittal,you must publish notice in a newspaper of general circulation in the locality of the • proposed mining operation once a week for four (4) consecutive weeks. Immediately after the first publirt:lion, mail a copy of the notice to all owners of record of surface and mineral rights, holders of any recorded easements, and all owners of record of lands that are within 200 feet of the boundary of the affected land. Proof of notice and mailings, such as Certified Mail -Return Receipt Requested, must be submitted to the Division of Minerals and Geology prior to the decision date. Additionally, any changes or additions to the application on file in our office must also be reflected in the public review copy which has been placed with the Weld County Clerk and Recorder. The Division is reviewing your application to determine whether it is adequate to meet the requirements of the Act. We will contact you if additional information is needed_ Please be reminded that all operators must contact the Colorado Department of Health, Water Quality Control Division regarding storm water permits. If you have any questions,please contact me. Sincerely, f/Gregg R. Squire Environmental Protection Specialist ce: Bill Schenderlein,Applegate Group,Inc. Office of Office of Colorado mined Land Reclamation Active,,..t in,r,;,,- STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY E �-T'-=---g Department of Natural Resources - $.�Y� 1313 Sherman St., Room 215 OCT 6 2004 COLORADO Denver,Colorado 80203 DIVISION OF Phone:(303)866-3567 BY. MINERALS FAX: (303)832-8106 GEOLOGY RECLAMATION•MINING SAFETT•SCIENCE October 1, 2004 Bill Owens Governor Mr. William Schenderlein Russell George Applegate Group, Inc. Executive Director 1499 W. 120th Avenue, Suite 200 Ronald W.Cattany Division Denver, CO 80234 Director Natural Resource e Trustee RE: Aggregate Industries-WCR, Inc. Permit Application, Wattenberg Lakes, 112c Permit Application No. M-2004-051, Adequacy Review Dear Mr. Schenderlein: The Division of Minerals and Geology has received your application for the Wattenberg Lake 112 c Reclamation Permit and has reviewed the application for adequacy issues. The Division is required to make a recommendation to the Mined Land Reclamation Board (MLRB) no sooner than October 10, 2004 and no later than October 27, 2004, therefore, your response to the following adequacy review concerns should be received by the Division by October 15, 2004, in order to give the Division some time to review the responses. The Division's comments/concerns are as follows: 1. Exhibit A- Legal Description Exhibit A (page 1 of the application) describes the permit area as "A tract of land in portions of Sections 25 and 36, Township 1 North, Range 67 West and Section 30 , Township 1 North, Range 66 West of the Sixth Principal Meridian, Weld County, State of Colorado as described in the attached description." On the next page (the attached description), the site is described as " A tract of land located in portions of Section 25, 30 and 36, Township 1 North, Range 67. West of the 6th P.M., Weld County, Colorado, more particularly described as follows:" Please determine which of these descriptions is the correct one, and provide the Division with the appropriate legal description. 2. Exhibit D- Mining Plan and Exhibit S- Permanent Manmade Structures a) On page 4 of the application it is stated that the depth of the soil and overburden ranges from less than one foot to five feet and that the aggregate material ranges up to 41 feet. Therefore, it appears that it is possible that high walls could be as much as 46 feet tall. Since the mining and reclamation plans call for mining the high walls at vertical to 1/2H=1V slopes and reclaiming them by backfilling, it appears that the proposed 25 and 40 foot setbacks from the permit boundaries would not Office of Office of Colorado Contnniral SImicv "." Letter to Mr. William Schenderlein 2 October 1, 2004 one foot to five feet and that the aggregate material ranges up to 41 feet. Therefore, it appears that it is possible that high walls could be as much as 46 feet tall. Since the mining and reclamation plans call for mining the high walls at vertical to 1/2H=1V slopes and reclaiming them by backfilling, it appears that the proposed 25 and 40 foot setbacks from the permit boundaries would not be adequate to prevent possible offsite impacts if the high walls were to slump. Please provide a demonstration that there is not a possibility of off site impacts with the proposed setbacks, or if the setbacks are increased,provide a new set of maps showing the new setback distances. b) The applicant has stated that setbacks from man-made structures not owned by the applicant will be established at twice the pit depth, unless an agreement is obtained from the property owner or engineering slope stability analyses are performed. It is the Division's understanding that the permit area property is owned by the City of Westminster and therefore the applicant will have to establish setbacks at twice the pit depth, or an agreement for all structures within the permit area or within 200 feet of the permit area. Is this a correct interpretation of the current property ownership situation ? All agreements with property owners must comply with Rule 6.4.19 Paragraph (a) of the Construction Materials Rules and Regulations (the Rules) which requires the applicant to -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; or (b)- where such an agreement can not be reached, the applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation. Compliance with either Paragraph (a) or(b) must be provided to the Division for each structure prior to any disturbance within 200 feet of said structure. Please note that all agreements must be notarized. c) On page 7 of the Application, in the "Miscellaneous" section, it is stated that a fueling/lubrication station will be located on the site. What protection measures will be used to ensure the capture of fuels/lubricants in the event of a spill? Any protective berms should be designed to contain 100% of the volume of stored material. The Division recommends that the storage area(s) be located outside the floodplain. If it is necessary to have storage areas within the floodplain, the applicant must also describe protection measures that will be employed to contain the materials in the event of a flood. 3. Exhibit G Water Information The Division has received objection letters from two parties, the Wattenberg Improvement Association and Stillwater Lake Ranch, LLC. Among the concerns noted were the effects of pit dewatering on the water table, the potential of impacts on the ground water due to the construction of slurry walls not only at the Wattenberg Lake project but also cumulative impacts due to other operations in the adjacent area and the concern by the Association that the mining operation may adversely affect the water levels of the well from which the Association provides the water supply to its members. Rule 3.1.6(1) of the Rules states that "Disturbances to the prevailing hydrologic balance of the affected land and of the surrounding area and to the quantity and quality of water in surface and Letter to Mr. William Schenderlein 3 October 1, 2004 groundwater systems both during and after the mining operation and during reclamation shall be minimized by measures, including, but not limited to :...". The Division agrees that the dewatering of the pits, and the installation of the Wattenberg project slurry walls, possibly in conjunction with adjacent project's walls, may have an affect on groundwater levels and associated wells. On page 17 of the application, it is stated "However, if dewatering at the Wattenberg Lakes Site directly affects the ability of the surrounding wells to pump a full supply of water in with accordance their permitted uses, Aggregate Industries, Inc. will take all necessary steps to remedy the affects to the extent they were directly caused by operations at the site." In addition to the potential effects on the groundwater through the dewatering of the sites pits during operation, there is the possibility that the slurry walls may cause a damming and mounding effect on the up gradient area of the groundwater movement and a cut-off effect on the down gradient wells in the Wattenberg area. Please provide a description of any expected mounding or cut-off effects and any proposed or completed monitoring of groundwater levels before, during and after installation of the slurry walls. Please describe any proposed mitigation measures to be taken to correct effects to wells or wetlands adjacent to the site, if any effects are anticipated or observed on the groundwater levels adjacent to the permit area. As noted, the applicant has stated that if dewatering the Wattenberg Lakes site directly affects the ability of the surrounding wells to pump a full supply of water Aggregate Industries will take all necessary steps to remedy the affects to the extent they were directly caused by operations at the site. The Division believes that in addition to possible impacts on well levels from dewatering, there is a possibility that well water levels may be lowered by the damming or blocking effects of the installation of the slurry walls. Please describe what actions Aggregate Industries will take to mitigate lowered well water supplies if there are impacts, and describe what events or conditions would trigger these actions. In summary, please provide a hydrologic assessment of the likely impacts of pit pumping and the installation of slurry walls at the Wattenberg Lakes project on the surrounding area wells and wetlands and what measures will be taken to ensure that such impacts will be minimized, as required by Rule 3.1.6(1). 4. Proof of Notice As noted in the Division's July 29, 2004 "Receipt of Application" letter sent to Mr. Damien Murphy Of Aggregate Industries, Inc., and ccd to you, "Proof of notice and mailings, such as Certified Mail-Return Receipt Requested, must be submitted to the Division of Minerals and Geology prior to the decision date." In this case, since the application has received objections, the Division will not make a decision but will make a recommendation to the MLRB, the proof of publication and other notices must be submitted prior to the recommendation. ^ Letter to Mr. William Schenderlein 4 October 1, 2004 Pleased be advised that the Aggregate Industries-WCR, Inc. 112c Application may be deemed inadequate, and the application may be recommended for denial on October 27, 2004 unless the above mentioned adequacy review items are addressed to the satisfaction of the Division. If you feel that more time is needed to complete your reply, the Division can grant an extension to the decision date. This would be done upon receipt of a written waiver of your right to a recommendation to the Board by the October 27, 2004 deadline, and a request for additional time. This must be received no later than October 27, 2004. If you have any questions, please do not hesitate to call. My direct telephone number is (303) 866- 4062. Sincerely, Gregg R Squire EGG' Environmental Protection Specialist cc: Damian Murphy, Aggregate Industries-WCR, Inc. Carl Mount, DMG (via electronic transmission) • Applegate r1/4„; Group, October 19, 2004 Division of Minerals and Geology Department of Natural Resources Attn: Mr. Gregg Squire 1313 Sherman Street, Room 215 Denver, Colorado 80203 RE: Response to Adequacy Review Comments, 112 Construction Materials Application, Aggregate Industries—WCR, Inc., Wattenberg Lakes, M-2004-051 Dear Mr. Squire: The following discussion and attachments are submitted on behalf of our client in response to the adequacy review comments received for the proposed Wattenberg Lakes project. The Colorado Division of Minerals and Geology submitted adequacy review comments to the applicant on October 1, 2004. The information and discussion below addresses each comment as it was presented by the Division. 1. Exhibit A— Legal Description The property is located in portions of Sections 25 and 36, Township I North, Range 67 West and Section 30, Township I North, Range 66 West of the Sixth Principle Meridian, Weld County, Colorado. The corrected legal description is attached. 2. Exhibit D—Mining Plan and Exhibit S—Permanent Manmade Structures a) Bore log data collected in November 1997 indicate that bedrock is, in a few areas, about 41 feet below the surface of the proposed Wattenberg Lakes site. However, these areas are not near the permit boundary where 40-foot or 25-foot setbacks are proposed. The areas where bedrock is located 40 feet below the surface are located in the north-central and northeastern portion of the site where mining setbacks will be at least 100 feet from the proposed permit boundary. b) The majority of on-site permanent manmade structures owned by the City of Westminster will be removed prior to mining. However, prior to mining within 200 feet of structures left in place, Aggregate Industries will provide the Division with a notarized agreement between the applicant and the City of Westminster. c) Protection measures will be taken for the safe storage and transfer of fuels and lubricants at the site. Depending on production and reclamation phasing and scheduling, mobile (i.e. tanker trucks) and/or portable (i.e. stationary tanks) storage facilities may be used for fueling and lubricating mining equipment. While mobile sources are in use, a designated area will be established to perform fueling and lubricating operations. When not in use, the mobile sources would be removed from the site. It may also be necessary to use portable facilities for storing fuels and lubricants at the site. The on-site storage of fuels and lubricants will --also-occur-in-designatedareasP 14Q. wet ,;:h >. Hutt :Suite eon Denver, rah„Pf. a 57.55 • Mr. Gregg Squire October 19,2004 Page 2 qf4 Fuels and lubricants stored and/or used on site in association with the mining operation will be managed in accordance with applicable State and Federal regulations, including a Spill Prevention, Control and Countermeasures Plan (SPCC) developed and certified by a registered professional engineer. The SPCC provides for appropriate containment and spill response measures. In addition, the mining activities operate in compliance with a Colorado Discharge Permitting System (CDPS) discharge permit. The permit includes the continued updating and implementation of a site Stormwater Management Plan. The plan is designed to prevent the contact and transport of potential contaminants by stormwater flows. Both the SPCC and SWMP provide for regular inspections of general plant conditions, containment areas and facilities associated with the use or storage of fuels and lubricants. These plans are updated as required to reflect changes in facilities or best management practices. 3. Exhibit G —Water Information As stated in Exhibit G, the mining operation will affect the alluvial groundwater system hydrologically connected to the South Platte River. The mining operation will extract sand and gravel deposits from the saturated alluvium and the site reclamation will include construction of slurry walls within the alluvium. To anticipate and mitigate potential affects to the alluvial groundwater system, monitoring wells have been installed on the site and alluvial groundwater data have been collected for over two and a half years. The collected data were used along with site bore log information, published studies and reports prepared by federal and State water resource agencies, and information from adjacent aggregate mining operations to prepare a site hydrostratigraphic summary report (see attached report). The attached report summarizes alluvial groundwater conditions at the Wattenberg Lakes site and presents an interpretation of baseline conditions. The report also estimates alluvial characteristics (i.e. gradient, hydraulic conductivity) that will control the aquifers response to mining and reclamation activities. Based upon the estimated alluvial characteristics, potential drawdown affects from dewatering of the three smaller mining areas were calculated in the report. Calculations to estimate the aquifer response to construction of the slurry walls were not performed. Given the aquifer characteristics on and near the proposed project site (relatively high transmissivity and low gradient), major groundwater mounding and shadowing impacts from the slurry walls are not anticipated. The proposed reservoirs are separated by undisturbed alluvial material that will allow groundwater flow around the slurry walls. The shape and positioning of the reservoirs also minimizes the area of slurry wall perpendicular to the direction of groundwater flow, aiding natural flow around the reservoirs. It is expected that mounding and shadowing affects would be greatest immediately adjacent to the slurry walls, within the permit boundary. Because of the relatively low groundwater gradient across the site, only a couple of feet of groundwater mounding will push flows around the slurry walls at velocities similar to those estimated for baseline conditions. Similarly, groundwater gradients and flows will be quickly shifted towards areas of shadowing. To continue to evaluate dewatering and slurry wall affects, the applicant commits to continue the monitoring of alluvial groundwater wells (see attached report). The wells will be monitored on a monthly basis and results of the monitoring effort will be submitted to the Division along with other annual reporting requirements. With the baseline data already collected, consistently • Mr. Gregg Squire October 19,2004 Page 3 of 4 observed data trends during mining and reclamation activities may make it appropriate to reduce the monitoring frequency in one or more wells. If applicable, the applicant will request that the Division allow for the reduction in monitoring frequency. Monitoring data will be used to identify potential changes in alluvial groundwater flow or elevation associated with dewatering, installation of the slurry walls, or other mining and reclamation activities. Baseline data collected from the monitoring wells has provided a range of relative water levels associated with current groundwater conditions both upgradient and downgradient of the site. If, during dewatering or after installation of the slurry wall, the relative groundwater elevation between two or more of the wells differs from the seasonal baseline conditions by more than two (2) feet, the Division will be notified. After the Division has been notified, the applicant will review data from all the monitoring wells and submit a report to the Division within 30 days. Changes in measured groundwater elevations will he evaluated based on natural groundwater fluctuations and changes in non-project related local conditions including precipitation, river flows, and land use. The report will present results of the evaluation and identify any potential impacts associated with the change. Mitigation of potential impacts caused by changing groundwater elevations will be addressed based upon the specific location and nature of the impact. If, due to dewatering, installation of the slurry wall, or other mining or reclamation activities, changes in groundwater elevation may create adverse impacts to adjacent properties, the adjacent property owners will he notified and the impacts will be addressed to the satisfaction of the Division. If dewatering of the Wattenberg Lakes site (or installation of the slurry wall) creates injuries to surrounding wells, the applicant will take all necessary actions to remedy the injuries. If water levels are dropping in adjacent wells, due to installation of the slurry wall or dewatering at the Wattenberg Lakes site, such that well owners historic water production may be injured, the applicant will begin to implement one or more of the following measures. However, if the well has not been put to beneficial use prior to mining, or does not have the legal right to operate, the applicant should have no responsibility to provide mitigation. Mitigation measures may include, but are not limited to: 1. Modify existing wells to operate under lower groundwater conditions. This would include re-drilling existing wells to deeper depths or lowering the pumps. All work would he done at the applicant's expense with the exception of replacing equipment that was non-functional prior to mining. 2. If existing wells cannot be repaired, the applicant will drill a new well for the owner to replace the damaged well. The new well will produce water of the same quantity and quality to support the historic use. 3. Provide an alternative source of water to support the historic well water use. Additionally, if it is determined that installation of the slurry wall creates mounding or shadowing impacts to surrounding water resources, the applicant will take appropriate corrective action. Impacts would trigger mitigation measures that may include, but are not limited to: 1. Pumping from mounding areas or mine dewatering operations to recharge ponds in shadowing areas. Mr.Gregg Squire October 19,1004 Page 4 of I 2. Installing surface or underground drain systems to transport groundwater from mounding areas to shadowing areas. 3. Diverting surface water flows to recharge ponds in shadowing areas. 4. Proof of Notice Proof of notice and mailings are attached. If you have any questions regarding these responses, please do not hesitate to call me at (303) 452-6611. Sincerely, Applegate y,roupOn 4 William Schenderlein, P.E. Project Engineer cc: AG Pile#00-107 Weld County Clerk to the Board Connie Davis, Aggregate Industries — WCR, Inc. List of Objectors and Other Interested Parties • WATTENBERG LEGAL DESCRIPTION Legal Description prepared for Camas Colorado from surveys prepared by others and Epp & Associates, Inc. Those prepared by others have not been field verified. A tract of land located in portions of Section 25 and 36, Township 1 North, Range 67 West and Section 30, Township 1 North, Range 66 West of the 6tu P.M., Weld County, Colorado, more particularly described as follows: Beginning at the center of said Section 25, said point being the northwest corner of the southeast quarter of said Section 25; thence along the East—West centerline of said Section 25, North 89°26'39" East 1166.74 feet; thence North 01°51'01" West 968.66 feet; thence South 89°45'40" East 238.62 feet; thence North 86°09'42" East 200.29 feet; thence South 80°23'13" East 154.12 feet; thence North 60°01'37" East 31.12 feet; thence North 43°20'26" East 107.88 feet; thence North 33°29'32" East 70.27 feet; thence North 89°30'40"East 2177.45 feet to the East line of the southwest quarter of the northwest quarter of said Section 30; thence South 00°33'07" East 1097.67 feet along said East line of said southwest quarter of the northwest quarter to the North line of the southwest quarter of said Section 30; thence South 89°25'40" West 600.24 feet along said North line of the southwest quarter of said Section 30; thence South 00°33'23" East 2651.42 feet to the South line of the southwest quarter of said Section 30; thence south 89°16'13" West 790.38 feet along the south line of the southwest quarter of said Section 30 to the southeast corner of said Section 25; thence South 89°33'35" West 1318.86 feet along the south line of the southeast quarter of said Section 25 to the northeast corner of the northwest quarter of the northeast quarter of said Section 36; thence along the East and South lines of the northwest quarter of the northeast quarter of said Section 36 the following courses: 1. South 00°34'32" East 1317.38 feet; 2. South 89°34'13" West 1319.31 feet to the southeast corner of the northeast quarter of the northwest quarter of said Section 36; thence South 89°44'29" West 1291.99 feet along the South line of the northeast quarter of the northwest quarter of said Section 36; thence North 28°17'37" East 225.34 feet; thence North 13°30'48"East 139.09 feet; thence North 27°57'29" West 125.99 feet; thence North 67°48'29" West 122.36 feet; thence North 00°27'49" West 72.46 feet; thence North 89°58'46" East 137.20 feet; thence North 38°02'39'West 164.39 feet; thence North 28°47'39" West 77.84 feet to the West line of the northeast quarter of the northwest quarter of said Section 36; thence North 00°27'49" West 553.75 feet along said West line of the northeast quarter of the northwest quarter of said Section 36 to the northwest corner of the northeast quarter of the northwest quarter of said Section 36; thence North 89'35'14" East 1318.78 feet along the North line of said northeast quarter of the northwest quarter of said Section 36 to the southwest corner of the southeast quarter of said Section 25; thence North 36°57'21" West 162.01 feet; thence North 46°16'43" West 220.88 feet; thence North 53°26'13" West 216.90 feet; thence North 63°37'31" West 158.51 feet; thence North 11°39'08" West 112.53 feet; thence North 05°22'57" West 59.40 feet; thence North 76°14'10" West 185.65 feet; thence North 77°47'35" West 173.13 feet; thence North 03°50'54" West 137.39 feet; thence North 84°32'57" West 397.07 feet to the West line of the East half of the southwest quarter of said Section 25; thence North 00°26'32" West 1737.35 feet along the West line of said East half of the southwest quarter of said Section 25 to the northwest corner of said East half of the southwest quarter of said Section 25; thence North 89°54'08" East 548.31 feet along the North line of the East half of the southwest quarter of said Section 25; thence South 00°38'08" West 223.68 feet; thence North 89°54'08" East 208.69 feet; thence North 00°38'08"East 223.68 feet to the North line of the East half of the southwest quarter of said Section 25; thence North 89°54'08" East 561.06 feet along the North line of the East half of the southwest quarter of said Section 25 to the point of beginning, having an area of 420.834 Acres. BASIS OF BEARING Bearings are based on the West line of the southeast quarter of Section 25, Township 1 North, Range 67 West of the 6th P.M. which is considered to bear South 01°06'11" East. A 2 inch alloy capped monument by PLS No. 23027 being found at the points of termination of said line. • Affidavit of Publication PUBLIC NOTICE-WATTENBURG LAKES APPLEGATE GROUP STATE OF COLORADO County of Adams SS. Karen Lambert of said County of Adams being duly sworn,say i^•I am publisher of Brighton Standard-Blade than the same is a weekly newspaper of general circulation was printed and published in the town of Brighton in said county and state that the notice of advertisement of which the annexed is a tine copy has been published in said weekly PUBLIC NOTICE PUBLIC NOTICE PUBLIC NO' PUBLIC NOTICE Aggregate Industries-WI Aggregate Industries-,Aggregate Industries W Aggregate Industries-W.C.R.,Inc.,1707 newspaper for 4 consecutive weeks: that the notice was Cole Boulevard,Suite 1d Cole Boulevard, Suite Cole Boulevard, Suite 1 Cole Boulevard,Suite 101,Golden.CO published m the regular and entire issue of every number of said newspaper during the period and lime of publication of said notice 80401 (303) 985-1070,; 80401 (303) 985-10 80401 (303) 985-10th 80401 (303) 985-1070, has filed an and in the newspaper proper and not in a supplement thereof: that appdeationbra Regular(1; application for a Regulllaaa��l application fora Regular(' application bra Regular(112)Consbttetion the first publication of said notice was contained in the issue of Materials Operation Red Materials Operation Fj Materials Operation Res Materials Operation Reclamation Permit with the Colorado Mined Li with the Colorado Minced(with the Colorado Mined! with Use Colorado Mined Land Reclamation said newspaper bearing the date of7q�(�{g4�AD. Board under provisions i"Board under provisi Board under provisions Board under provisions of the Colorado �and the last publication thereof,in the issue o serf A n �ewspaper. Mined Land Redamatii Mined Land Redami Mined Land Redamat- Mined Land.Reclamation Act for the bearing date. the 821/2704 that the said extraction of consbuctod extraction of construe( extraction of construdiol extraction of conshuction materials.The proposed operation is Wins( proposed operation is krj proposed operation is krnn proposed operation isknownasWaeenburg Lakes.The proposed opi( Lakes.The proposed a Lakes.The proposed op. Lakes.The proposed operation is located Brighton Standard-Blade at or near Sections 25 an at or near Sections 25a at or near Sections 25ani at or near Sections 25 and 36,Township1 North,Range 67 West I North, Range 67 Wei North, Range 67 West''. North, Range 67 West and Section 30, has been published continuously and uninterruptedly during the Township 1 North, Ran( Township 1 North, Rs Township 1 North, Ran( Township 1 North, Range 66 West, 6th period of al least fifty-two consecutive weeks next prior to the first Prime Meridian,Weld Cc( Prime Meridian,Weld Prime Meridian,Weld Cot Prime Meridian,Weld issue thereof containing said notice or advertisement above refereed County,Cdaado. to: and that said newspaper was at the time of each of the Thelocation of Thegeneral location c The publications of said notice duly qualified for that purpose within general general location of 1 The general location of this opelation W the meaning of an act entitled. "An Act Concerning Legal Notices, approximately2mdesnortl approximately 2mgesny apgoximately2m11eseWN! approximately 2milesimNtwesl ofBrghbn, Advertisements and Publications and the Fees of Printers and- Colorado and just south t Colorado and just soutl Colorado and just south o Colorado and just south of the community Publishers thereof,and to Repeal all Acts and Pans of Acts in of Watlenburg. of Wattenbur4. ! of Wallenberg. of Wattenburg.with the Provisions of this Act'approved April 7,1921, - - and all amendments thereof,and particularly as amended by an act The proposed date of o The proposed date of The approved.March 30. 1923.and an act approved May 13. 193Eproposed 2005and date of cm, The proposed date of proposed date is early 2005 and the pi early 2005 and the I early 2005 the pro early 2005 and the proposed dale of completion is 2006.Th4 completion is 2006.Ti rortgktion is 2006.The 1-completion is 2006.The proposed future KenKarenLambert use of the land will be use of the land will be use of the land will be dt use of the land wit be developed Water W Resources. Additional' Resources- Additiona Resources. Additional it Resources. Additional information and tentative decision date tentative decision date tentative decision date or tentative decision date may be obtained from the Division of Mine from the Division of Min from the Division of Minera from the Division of Minerals and Geology, Publisher Room 215,1313 Shenre Room 215,1313 Sheen Room 215,1313 Sherman. Room 215,1313 Sherman Street,Denver, Cobrado80203(303)86 Colorado 80203(303)8f Colorado 80203(303)866-d Colorado 80203(303)866-3567 orthe Weld Subscribed and sworn to before me this County Clerk to the Boar County Clerk to the Boa County Clerk to the Board,1 County Clerk to the Board,91510th Street, Greeley,.Colorado 8063 Greeley,Colorado 806 Greeley,Colorado 80631( Greeley,Colorado 80631(970)336-7215 .8/2112044 A.D., or the above named apt or the above named ap or the above named applio,or the above named apptcaM. Comments must be in‘iii Comments must be in a Comments must be in writ Comments must be in writing and must be ��/. �'�/ - r (/',//td received by the Dwsuo received by the Dvisic received by the Division o received by theDivision of Minerals and r !'w� ,/J/t �// o i ( Geology by 4:00 pre, Geology by 4:00 p.m. Geology by 4:00 p.m. Geology by 4:00 p.m.on September 10, 2004. 2004. '.. 2004. 2004. Published in the Bright. Published in the Brighti Published in the Brighton Published in the Brighton Standard Blade Notary Public July 31.August 7,14,a July 31.August 7,14,a July 31,August 7.14,and July 31,August 7,14,and 21,2004. 139 NORTH MAIN BRIGHTON, CO 80601 (I) : y{.II I It O&M IIIAIirm .: Applegatei-47i, Group, inc. ��,,;. .�� rh 1499 West 120th Avenue,Suite 200 7003 3110 x(106 �8�3 3724 ' . Denver,Colorado 80234-2728 • • • Merit Energy Partn s, LP RECEIPT Merit Energy P ners III, LP RETURN 3r f 12222 Meri rive, Suite 1500 �IEa�ESTEU Dallas, T 7525] �lu1:11n:r,li.Inl�,tlnlu�,l�u,I„�,��u',/,1u1,1i „„„ ,F . A " ..PI UM..:YmLL.YwYe5"x5b WYWba'-> w•_r u.. td M 3 Y+ ,. seas r �. nak a t` c 0,r ;', _i !n a €' i 0 W i 3 A �: too . p g 99 i r • }I W O` 8 0 W W C IL 4. c•IL i,„ ." p p ri U Q IL i Q W 0 .1O t 6.' h2zE E0Q0 9000 02Ci JUL ., . .. Gtlillf ltu tiling.. Applegate Group, 4E , rte.: 1499 We venue,Suite 200 c Denver, Col io 34-2728 - 7003 3110 0006 0803 3861 ` -C-17.4 6, , sl' ra c`;19 O Nolan T. Hussey RETURN RECEIPT '' � 1058 wela county Roaa 23 'AREQUESTED Brighton, CO 80603 r ' ' T 2NDNuT;C` • �1'',�.�- ; RETI IRIM d„a�Q, , � 'S,l'f�t` " '`a:"F !ui �1n,liil ri.,t��i�„i l,!,iet� il `o '`[1,,i wm `, O .EH® w f39 \IT the m• LL& a - H E m Sv Sv egg gg .gt � viWo � 10 p ti �g � ';;; > , ,. n=_ �zyi T 9E E090 9000 0TTE E00Z .. '.. . , •.+.. t .+:_rr�., !. ... :. .: is r• � 'J'-... } rh.. �.t+==-�'�s-'.'. - _t" Q `a. ncJ!.t. `'•� ,e, w°t'� ',•� vh' .:r• ,Y� r•.4.,,5`r;iv•��;n � .t �� .rrre•'' =t { s . M� .^ ''S_ j • 3 i k st s• ' 'Y Y'�a rs5 - -.` 1• t • ' 6,L, r• t h 4 CJ!'�. �Vr l.VSki, ,�}¢ r :`{•;s t•rr+,-L r;`' ).;4'8!h T .,)ri"S}. q J Y ••t .4 r V"4 _ --.:::: ',.'7'..';':-:,:',•!•,'..;: -.';.":::6t- :,y,y.'. ,'-2, ? _ "7.,}.'; iir:. .: ;.. ; s'.: 1{ '"•j TiVi• ;t'•(3;� , ,7'+a Cr •:-:;'. :;1~'t' 7 - i } �..'(Gia.,'F'':^''� }li•y !:'r� 'rI'$4;�6(,�:'}kl3Y,..:k. h •:�ii�..s�'r..i:':C.f .;'k,,i.. ':�•r .K,.f•..r 3- '.3' I.F S z >., X r ` fT ire „.,,.11:i;:-.•;'',. .,.:-.• ti_' 3 „ • .t ,. J$• t s'- ' ;:1...:'....1.::...:'.:.::',:,..-'- §§��VJ 44 r �� hx . 3 �.:,r vim_-.I• : ;'f :>=: .':;?..-':.'51.4:5..::',` 4 -��..�;' r• -`,1+" .7fyt�i-�''•,f,Y�d s 'tq:X�',_"�'•'+,i°a"ir�"_��,�Yt,"•; 'i�1+CY •S`r ;�i:�-+'N,� �` _ S .k s'!i :.3,-r'- aTh 3 ,2;C,yAF''-f.-- ;j�;'X;. trY ' - Zv ::1<� _ ��}� �?+mot :f-y _ o -?g `+".. �`r _ o.':Ys't' w; -k.' - :. , ,:r:"; _!?;•rte `;:. -q-. " ¢•'., ^r'.r` - .. :�•. 'r^'- _ li'.3'~ .'•.:if Ll. •tkP i ..•+q, -.• •yr�'`•u p 4 t '� '',;.`t' - her - i ,� R < .:.* SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY U.S. Postal S@�'VIC@rrn: .. items 1,2,and 3.Also complete A. Received by(Please Print C//e/aAjJ B. Dale of Deliver estricted Delivery is desired. /_ey��7 �`k7.1 CERTIFIED MAIL.-RECEIPT ry Ch es,":. l name and address on the reverse (Domestic Mail Only;NO Insurance Coverage Provided) can return the card to you- C. Sig F. livery irtf.rm ti)n visit r we.site at www.us.s. mr card to the back of the mailpiece, X ❑Agent font if space permits- ❑Addresse • OPFICIAL r .> D. Is delivery different from tern 1? ❑ Yes essed to: r �• ,. tJb 1 Postage $ �' r.i N YES, tertiehvrriidress bebw: ❑ No Certified Fee e - G f c�t - .�P- Cv!$rk ;1 rsham ,o ��c J o Return Receept Fee t„ r� l w. Q7 �� (Endorsement Required) F•. Here .3 , Restricted Delivery Fee r��y �Q 8022 :� I (Endorsement Required) l r. '' 3. ServLe.Type 't� ,a..CertifiedrM i O Express Mail ,,. Postage&Fees $ ' . Li ❑ d ❑ eun fie) ❑InsuredRegistere Mail ❑ CR'OtDr. Receipt for 4..) ��....» .»».. .}... 4- Restricted Delivery?(Extra Fee) ❑YesMerchandis€ or Po Sox No.—grief,APE ��: r/ -�j C� `_'..1 eZr�G L�,"�'(':_�.c.»......__--__ ber(Copy from service fatty 7003 3110 B006 0 6 0803 3380 City,State,ZIPt4 «c' 1,July 1999 Domestic Return Receipt 102595-00-M-0952 PS.Form 31100'June 2002 ee vi,,,Mse fpr;lnitilif,Mit!t* r;'.-:,-- .r trFtl&--.,-a`3 Y''A:.a�•+'Lz �i .•. .<.... r _ :.Q.-...�..�.._ ..... Jc t.. 3 'A .9,. �rysc, %a.,;"�'••• •:Y ?•�_.;. , c*�'"'�ti7 F'�� ^•;h.y' �` `i %.;,.....-±?...*•t: ,..f. `}�:.rr,.a' _ •:,r iJ`;' : K �?•.Y-� :.... � z�l:`�c.`t'.°''-1�YfF:.eS�. ...._ �y it 2•,' ,i9.�r` - ��.it�1%i4'9� - PLETE THIS SECTION C•M LETS THIS SECT!•N•N •ELIVE'y U.S. Postal Service,. - i fns 1,2,and 3-Also complete A. Signature CERTIFIED MAIL-,...RECEIPT-.RECEIPT tricted Delivery is desired. - 0 Agent El ,(Domestic Mail Ot Iy;.No insurance Coverage Provided) me and address on the reverse X 4-2....„,„,,,,,,,,,...1. 1., p Addressee 1 I'' an return the card to you_ livery anf atf vitsk ur.we site at www.us• B A eived by(Printed Name) C. Date of Delivery and to the back of the mailpiece, RP) S ,foz-t 1 OFFICIAL U rtt if space permits. 3 tr.'�;',• r D. Is delivery address different flour item 1? 0 Yes sed to: Postage $ - 7 ✓', ' �. .%` If YES,enter delivery address below: 0 No. 0 6 2004 1 Cenibed Fee •�, JT1 ��•7!� AUG1 7� S , vJ 1 Return Reciept Fee - r (Endorsement Required) /,7 5--- i• • 1,, Fiore ..y 1 Restricted Delivery Fee -:•:-. i`: ;truck Living Trust 1 (Endorsement Required) •"114`..."' ; �� County Road 23 %2 3. Service Type Total Postage&Fees $ •Q2- CO 80603 Certified Mad 0 Express Mail I 0 Registered 0 Return Receipt for Merchandise I Seat To ❑Insured Mail ❑C.O.D. ee�74yr l - 4. Restricted Delivery?(Extra Fee) ❑Yes a PO BoxNa': J �,� � s�v �, service label) 7003 3110 0006 0803 3632 PS Form 3800,June 2002 - See Reverse for Instructions. ,August 2001 Domestic Return Receipt 102595 01-M-2509 U.S. Postal S@rVIC@rra PLETE THIS SECTION C•M LETS THIS sECTI•N•N•ELIVE V r CERTIFIED MAIL;r, RECEIPT - ns 1,2,and 3.Also complete A. sig �ture, a -(Domestic Mall(nly;No Insurance Coverage Provided) 'icted Delivery is desired. / 1 /� JJ,1��. 0 Agent fie and address on the reverse X U Zs�/,/lee. �' 0 Addressee F•r..ellvely inf••rmati n.vislt,•ur we.site at wwyy.us.s-c•m,; n return the card to you. O F I A U S ird to the back of the mailpiece, B R 1 eceivedby(Printed Name) C.Date of Delivery 3 E t if space permits. .1:611 e.- d p7-7-Cy Postage $ r D. Is delivery address different from item 1? 0 Yes •-. edto: 1 L.A .`v'i.d,.; If YES,enter delivery address below: 0 No 3 Certified Fee 2. . -�'7 c; —, • l Rectept V Postmark. .,\.;\. 7�• ., 1 (Er.,, cement Requite , -75 Hefei �, Cia L.Nelson -:.:: Restricted Del v[xy Fee ,it ' c- - 1-.. count Road 23 %2 I (Endorsement Required) C yyr. "? Y Total Postage&Fees $ c�7j .� :O 80601 3- Service Type I ,, Certified Mail 0 Express Mail i Sere re' ! 0 Registered 0 Return Receipt for Merchandise ' __ %��`-7' s ' 4-- -N M 0 Insured Mail 0 C.O.D. o'bee; ,011,4; Delivery?(Extra Fee) ❑ Yes or PO Sox No. `�_�) ��j Cie, l 4_ Restricted -oily,State,DPI-4 f::-7---- 7••"—�_Lf--}�/ -- — ., -` -- � 6'0/ service label) 7003 3110 0O06 0803 3649 PS Form 3800.June 2002 See Reterse for insfrootio?s --- ------ ----- - ,-- ,,August 2001 Domestic Return Receipt 102595.01-M-2509 • • • • �gry'l,,J �-•- PMPLETE THIS SECTION 0•M,•GETE THIS SECTI•N •N •ELIVE•Y. U-S- Postal Servicer., ' CERTIFIED MAIL,,, RECEIPT ems 1, 2,and 3.Also complete A Sign�y stricted Delivery is desired. .� ❑Agent (Domestic Mail Only;No Insurance Coverage Provided) ame and address on the reverse ^ A rj /—es O Addressee hue m(•rmaa•nvisit •ur website atwww.us•s.c•m :an return the card to you. ry B. •eceived by(Printed Name)I Date f Deliv I OFFICIAL U - - card to the back the mailpiece, — y �' rot if space permits. ased to: D. Is delivery address different from item 1? O Yes Postage S ; 5-7 ^, If YES,enter delivery address below: O No ass--^tee �7. Certified Fee -Z _ -30 ,.! Return Receept Fee r ;_'IJPostmark (Endorsement Required) i. 7 7 4 �r�3' ' i. Wilson Restrkted(Endorsement Required) :✓ \ /f Id County Roan 4 '/2 $ ell 2./ i ,� I ni CO 80621 a. Service type Postage&Fees . ( r a f�,° ' + ,Gt Tate) OCertified Mail O Express Mail Seed To a - O Registered O Return Receipt for Merchandise - - ❑Insured Mail O C.0 D. Threat Alt No.; / •---• 4. Restricted Delivery?(Extra Fee) O Yes °r MB" (( .a tile le V /PO ....-_-_. rr ... City,State,ZIP•4 4 ✓ service label) 7003 3110 0006 0803 3601 5;Orot/ PS Form 3900 June 2002 See Reverse for instructions ,August 2001 Domestic Return Receipt 102595.01-M-2509 SENDER: COMPLETE THIS SECTION C•M•LETE THIS SECTI•N •N•ELIVE Y U.S. Postal Service, is 1,2,and 3.Also complete A. &gnat,re icted Delivery is desired • r CERTIFIED MAIL,. RECEIPT e o Agent and address the reverse Xi"' _ r? • �' /�„ ;p gddressee(Domestic Mail Only;No Insurance Coverage Provided) i return the card to you. y USE - _ -d to the back of the mail race, B.Mt received F!by(Printed Name) C. Date of Delivery For delivery information visit o OFFICIAL our website at www,usps.corrvy p / if space permits. - s°. , !. � n• /j<:, - D. Is delivery address different from item 1? ❑Yes d to: -� x .'.-'. If YES,enter delivery address below: ❑ No Postage $ . 3"� _ \ '5* n Certified Fee G -2l -- r Po Nelson .orm Rediept Fee — ' (Endorsement Required) ( .1 1 -II inley Avenue Restricted Oelkery Fee -.'F (Endorsement Required) '-t h CO 80621 3. Service Type f 'Certified Mail O Express Mail Total Postage&Fees $ L/' //,f O Registered O Return Receipt for Merchandise -.. O Insured Mail O C.O.D. 5`haef,Ape tevL. mil'/a 1-`� ,1:"'L a2 ,_ 4. Restricted Delivery?(Extra Fee) O Yes ar PO Box No. "70 ;d' -"7 ``//J�3--/ �� 4([q?1.E: 7003 3110 0006 0803 3618 f�- N ••-7:F .- rvice label) City,State,Z/Pr4 r ` Jr V 577 7 x/� \ugust 2001 Domestic Return Receipt 102595-01-M-2509 PS Form 0800-June]nO2 See Reverse for Instruct tors ETE THIS SECTION • • U.S. Postal Servicern CM LETE THIS SECTIN.•N• • ELIVEV 1 CERTIFIED MAIL, RECEIPT 1,2,and 3.Alsocornplete A. Si.nature I rd Delivery is desired. Agent l (Domestic Mail Only;No Insurance Coverage Provided) and address on the reverse X O Addressee 1 F• .•slivery iN•rmati•n visit•or we-site at www.us•s.c•m:; atom the card to you. c. Received by(Printed Name) C. Date of Delivery 1 p f E p .( a ,t to the back of the mailpiece, ST I O F F I C I A ._� space permits. ��sde ad /� ^fie I .yam D. Is delivery address different from item 1? ❑Yes I Postage S -&`, \ ° a: 1 • t gti If YES,enter delivery address below: ❑ No l Certified Fee \ ' !"t(�j 1 - t./\fPostmsrk 1 �/ AUG G f,�7-. I Return Recept Fee (Endorsement Required) 7 S f -,,-,,_Bed ,l )orothy G. Struck (Endorsementorse Required) Fee runty Road 23 /2 1 / 7 ) 80603 3. Service Type —*al Postage&Fees $ .4 9— Id Certified Mail O Express Mail ^... O Registered O Return Receipt for Merchandise • ' ❑ Insured Mail ❑C.O.D. 14A to) f 5 -1 � 1 ' -uhreet Apr Na.; ) 4. Restricted Delivery?(Extra Fee) O Yes 0r 7 y X PO SG (.l,r�)P` F i72, - _ City. ._- .State,Z/IA4 . , 5 .--.,-•- PS Form 3800.June 2002 See Reverse for Instnictions_ 102595-01-M2509 I I carn llrlcu 11111411.7m Applegate , , Group, inc. ,,ut� E� t L 1499 West 120th Avenue, Suite 200 r. Denver,Colorado 80234-2728 7003 3110 0006 0803 3403 • RETURN RECEIPT a ;k Penny Dersham REQUESTED 1256 Albion Street Denver, CO 80220 a DERSasb 8022030.t3 709 40 08/07/04 FORWARD TIME EXP - RT SEND DERSi":AM ' PENNY 1361 SYRACUSE ST DENVER CO 00220-3226 , RETURN TO SENDER Drar r' c v. g_ ij,,i,ji,.,,,1,L,II2,L,j'!jl,i luliuiuH,l,,f.k,,l,LrIJ,i,i„{,i ' J ) j N d o O.N •CCz > 69 p « I ' 76wo € m 8f If i , ;17, x m m st r- LL al- y :d �g 1 \l$ N Fnhg cnan 9nnn nrrrrc Fnn) t_er kIncn._r IMPLETE THIS SECTION C•M•LETE THIS SECTI•N •N•ELIVE•V U.S. Postal Servicen., CERTIFIED MAIL r RECEIPT ems 1,2,and 3.Also complete A. Si. ature v. n *, siricted Delivery is desired ,�1�� 0 Agent I3 (Domestic Mail Only;No Insurance Coverage Provided) lame and address on the reverse X i //r�li�. 0 Addressee can return the card to you. "Vi4i als"niPinn.411411.111 f•Id11-a4vm»ve�ntfil� card to the back of the mailpiece, R. Received by(Printed Name) C. Date of Delivery 3 OFFICIAL USE ont if space permits. ] as ssed to: D. Is delivery address different from item 1? 0 Yes postage $ rz_ --C.2-77-� If YES,enter delivery address below: 0 No ] Certified Fee 2_ �i 7 \ ••i ] Return Reeler&Fee 4%,'P0ibn°.r -, \ ancis Oil Com an (E,durusnmrt Required) , S- Hera 'r,; t " Company 1 Reorse dntRequFe) 1 \1-.: ' L'I :1468 (Endorsement Required( Z.CI .:.1 ;-, .74121 3. Service Type Total Pus,gprey $ • Z ,{ ^ ',. 'I'Certified Mail 0 Express Mail 1 ' '' ' C.❑ Registered 0 Return Receipt for Merchandise 1 Sent To / n 0 Insured Mail 0 O.D. r`“- it L 7� Aer q/ - / iFeet Na! A 41>:L�( _•_____ 4. Restricted Delivery?(Extra Fee) Yes orPo9arNa r(/ City.state,913s4 x 7003 3110 0006 0803 3663 -- 'a n 7(/1 27 nservice label PS Form 3800 June 2002 V ' See Reverse for Instructions 1,August 2001 Domestic Return Receipt 102595-01-M-250' U.S. Postal Service.,., OMPLETE THIS SECTION ' CERTIFIED MAIL, RECEIPT items 1,2,and 3.Also complete A. Signature I (Domestic Mail Only:No Insurance Coverage Provided) estricted Delivery is desired. X ❑Agent 1 name and address on the reverse❑Addressee -F (•elivery l�t•rmati•n visit•ur we•site at vrvrw.us•s.c ma can return the card to you. R. Received by(Printed Name) C. Date of Delivery i O F F I C •I A card to the back of the mailpiece, root if space permits. • 1 P $ 4 '� -�.^ '. -ssed to: D. Is delivery address different from em 1? e 1 ost 2 tt J - °J If YES,enter delivery address below: 0 No I /•'^ CeNtred Fee '_. 3 0 i t _ I - `.T% .Postmark + , (EnvvrsI emelmit Re eequir� 7 s--- -;:*:‘,.."--V: Here/j _` See Gathering LLC Restricted Delivery FeB \11 (Endorsement Required) - ad way, Suite 3600 i �O 80202 3. Service Type Total Portage&Fees $ • � id— __ Certified Mail 0 Express Mail Sent To 0 CiLLL 7P' 6• l 71" ,L,,t 0 Insured Mail 0 C.O.D. Na: 9 4. Restricted Delivery?(Extra Fee) ❑Yes orPoaWrNo. [! r G zafi cauctc /f sl-•-- -•• 7003 3110 0006 0803 3670 re ,i,azJi„ .-' n service label) PS Form 3800.June 2002 See Reverse for Instructions 4 - ----- __ .. _ SENDER: COMPLETE THIS SECTION - C•M•LETE THIS SECTI•N •N.ELIVE•V U.S. Postal Service.., ems 1,2,and 3.Also complete A. Signature ry is desired.stricted Delivery CERTIFIED MAIL,,, RECEIPT � (]Agent ame and address on the reverse X b v O Addressee (Domestic Mail Only;No Insurance Coverage Provided) can return the card to you. F•r.etivery inf•rmati•n visit•ur we•site at www.us•s. tut if space permits. c•m.;. card to the back of the mailpiece, "' Received by(Printed Name) C. Dot of t OFFICIAL. " Sd1J -E ssetl to: D. Is delivery address different from item 17 0 Yes If YES,enter delivery address below: 0 No Postage $ 7 Certified Fee 1'(JI: _so ee Rocky Mountain Corp. ostma, r , Return Baden Fee ,' Here \ - Idway, Suite 3600 (Endorsement Required) ,'7 171`, A Restricted Delivery Fee ' I O 80202 (Endorsement Required) _' x'� 3. Service Type �Poslege&Fees $ ! /� �-C �, If(Certified Mail 0 Express Mail 41,72' 0 r„ 0 Registered 0 Return Receipt for Merchandise C 1., , /� a / 0 Insured Mail 0 C.O.D. eceLL -P CV'Q �(..�,y, 4. Restricted Delivery?(Extra Fee) 0 Yes 'Seat AO 710-4 G, . G--- 'Lr� / _ v or °2xNa 1�� 1 4ter. d`a`cesf� - 2«-f-- ,.(>4?•-- service labep 7003 3110 0006 0803 3687 city,State,ZIPHI i2 CeZe— ,August 2001 Domestic Return Receipt PS Form 3800.June 2002 See Reverse for Instructions p 102595-Ot-M-2509 y,*rt ." - . 'T s { eK. y Tt ir �.,fjX;',11:t,!•" n r-. •At �..;.....,..',.•'..•.`•::::-.. � '.,`' .• _.. -.4.4.,;:.:.ate' _ " " .: C G ill n ... COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY U.S. Postal Service,G, lets items 1,2,and 3.Also complete A. Signature CERTIFIED MAIL. RECEIPT if Restricted Delivery is desired. (Domestic Mail Only;No Insurance Coverage Provided) our name and address on the reverse X C ti O Agent t we can return the card to you. • Addres iv'ry tnf rmati•n visit•ur we sit.at www.us• .e m�. this card to the back of the mailpiece, B. Received b (Piloted Name) C. Date of Dein, fir OFFICIAL E :he front if space permits. Postage $ :'an"�"i Zvi 4ddressed to: D. Is•- -• different from item 1? D Yes 7 ys- fir• x k fajv- address below; O No Certified Fee 7 ,2 v Q Return Recce Feefro /' (Endorsement Required r--'�' t+e r 7e Ann Schneider �9v� 0 Lr•-- 4� Restnctea Delivery Fee %\ eld County _ 2 (Endorsement Required) . / : :' Road 18 ,,`—r 11.9 ' tont, CO 80504 3. ` tl�Q Total Postage&Fees $ • III �:. •.•i fie$Mil$ • „ Express Mail Ssnt __ _.._.. O Registered O Return Receipt for Merchandis b�� L,YC Its[c El insured Mail O C.O.D. Street: [ o� ••:•____.�. �� ) n /Q 4. Restricted Delivery?(Extra Fee) O Yes or PO Box No, '� 57,....• (.4 C.it:...�.Ltl•_..-»... Umber Gb,State,ZIP+O from service lab 7003 3110 0006 0803 3694 0.4—.4414.4 r � �J� � 811,Au ust eS Form 3800,June 2002 See Reverse for Instructions 9 2001 Domestic Return Receipt .. - 102545-01-M-25 -. ' ?_eEkIr,7LCD..n+MPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY U.S: Postal Service1.1 ems 1,2,and 3.Also complete A. Signature CERTIFIED MAIL. RECEIPT stricted Delivery is desired_ X fcAgent '= (Domestic Mail Only;No Insurance Coverage Provided) came and address on the reverse O Addressee e can return the card to you. B. Received by(Printed Name) C. Date of For delivery information visit our vrebsite at.www.uspsitcorni.) card to the back of the mailpiece, ery OFFICIAL n. F F 1 _Y . ; 4 E Y; ont if space permits_ -- A mdt9^1.91 D. Is d i t r Postage $ I. 3) If Y en er ,v �` Certified Fee :72 '30 ,,' ,`�f X07 COLE BLVD . .5:! -!Tr: 100 I `` '` & Evelyne S. Schrr�4°7- �O,OLDEN, CO 804 i I 'n Recaept Fee "V+ (Er, •nevi Required) 75 J r '-. AS i 6 L } Restricted Delivery Fee t1 _ �i 1 ll i IV I (Endorsement Required) L/- r' f V•- „...,, \ r e Boulevard, Suite 1 . 3. S Type Total Postage&Fees $ 1-f: q 0 r� ~0 80401 � /`�_i ified Mail O Express Mail f (� Registered O Return Receipt for Merchandise Sent-6—) Ei ��, O Insured Mail D C.O.D. 3ztieuC per-4-yo,Ci•k ib...62�--`,----E.•Y -' - 4. Restricted Delivery?(Extra Fee) O Yes a PO Box Na ( 70t-7 ems._ - __./e-� .k L'G� er �' "'Z1P� � '�- --"' service label) 7003 311 D 0006 0803 3700 PS Form 3800.June 2002 See Reverse for Instructions 1•August 2001 Domestic Return Receipt 1C2595-01-M-2509 r•^.r•.-r,_ 'MPLETE THIS SECTION Ce!✓1•LETETHIS SECTI.N•N rELIVE-V I - U.S. Postal Service,' f RECEIPT ems t,2,and 3-Also complete A s.• cure CERTIFIED MAIL.. stricted Delivery is desired, O Agent I -(Domestic Mail Only;No Insurance Coverage Provided) ame and address on the reverse / re f F r, return the card to you. B. R•slivery ini•rrtieti•n visit•ur w •sit t www•us.s.c•m, card to the back of the mailpiece, n'/ Y(Print . Name) C pate of F F I C I A L U S )nt if space permits. 1/' f t�lI D. Is deity address different from item 1 T Yes 3sed t°' Postage $ r 37 If YES,enter delivery address below: ii No Certified Fee (Endorsement gequl tiara Fee •` . & Evelyne Schmidt * Restricted Delivery Fee �t j D. Avenue (Endorsement Required) eI• `•+ r f/ ,CO 80601 3. Service type Terri Postage Fees $ tir 64 Certified Mail O Express Mail �` _ �� j El Registered O Return Receipt for Merchandise O Insured Mail O C.O.O. �3`mot na l�-'-"—cL. :rt.-.,'�uszt -4- 4- Restricted Defiv ? xtra Fee or PO Box No ti+J lE 1 ❑Yes Gtr State,ZIP*4 ,_ __-:�: ._.. 1 ..:_---..--------- 7003 3110 0006 0803 3 717 - 7` ?L cg's' - service!shag PS Form 3800.June 2002 See Reverse km leslia4trons I,August 2001 Domestic Return Receipt 102595-01-M-2509 • F, erv. F S d,,s r t C .fy, L .l" !' ..r - ;xi -. .• ,a :. :-.'g o..,,.,,.u.;-s..e:.,,,,, .. - t'-..` Sys ...•,• .. U.S. Postal ServiceTrt OMPLETE THIS SECTION C•M•LETETHISSECTI•N•N •ELlVE CERTIFIED MAIL. RECEIPT items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Deliver i (Domestic Mail Only;No Insurance Coverage Provided) lestricted Delivery is desired. 1 name and address on the reverse 1 elivery inf•rmatl.rt visit ur w:•-'te at W Ww:u •s.c•rn a can return the card to you. C. Signatu- } OFFICIAL E s card to the back of the mailpiece, X 4. --/7)/64(7 ❑Agent — Front if space permits. 1 Postage $ i :} f ❑Addresser 1 ;v, . ti ,, tessed to: D. !s delivery address diRaet it from item 1? ❑Yes 1 if YES,enter delivery address below: O No 1 Certified Fee - . ?il: i' ,- �: IV. 1 C I Return Reclept Fee i i +C, Cs 5 (Endorsement Required) --7. � -r f it & Gas Corp. 1 Restricted Dedvery Fee or.*.;"it, (Endorsementaequked) ,,- �{,''` adway, Suite 2000 I Total Postage i Fees ,$ 7/ '•'-�}....— Total 2O 80202 3. Service Type I it Certified Mail O Express Mad I Sent to -�-••- O Registered O Return Receipt for Merchandise 1 n"eC ✓.,_C-- 14..4-.. (- `34 V•yci d.:7 O Insured Mail O C.O.D. Dr Pet 4c-i No ( 4. Restricted Delivery?(Extra Fee) O Yes City,State,ZIP 44 L._.. -)L4.1-4.:::42: •, 71-2°1:7(`C-- -- :J.4 G�G .•7 a.2 . - ber(Copy from service late ��ut " ' c.. 7003 3110 0006 0803 3397 PS Form 3800.June 2002 See Reverse-for tnstruetions I 1,July 1999 Domestic Return Receipt 102595-00-M-0952 .,fir. ;.. vkv. - w • 1 5 y y,',... . . , . :: - - r -• U.S. Postal ServiceTt1 •MPLETE THIS SECTION Cs/t4•LETE THIS SECTlsN.nl•ELrVERY CERTIFIED MAIL. RECEIPT items 1,2,and 3.Also complete A. Received by (Please Print Clearly) B. Date of Delivery (Domestic Mail Only;No Insurance Coverage Provided) stricted Delivery is desired. lame and address on the reverse J G -• - F•r ellvery inf•rmatt•n visit•ur we site.I:wrww.us s.c•iii can return the card to you. C. Signature Ae OFFICIAL - card to the back of the mailpiece, X " � „t b vnt if space permits. r;�� ♦ .� , O Addressee Postage $ rf7 7 �'.r used to: D. Is delivery address.'event from item 1? O Yes r °, If YES,enter delive address below: O No Certified Fee • ,-. �.r _ Return \--;:s:,\„:-... & Cynthia S. Baurer (ErrdReturnntRequired) ( •7 S i+' 1 < n (EndorsemsntR Restricted Delivery a `�;2 • ,c;`t /: d County Road 23 ''''----- — I, CO 80601 2/ } 3. Service Type E. Total Postage Fees t Certified Mail ❑Express Mail y { `L ( • ` O Registered O Return Receipt for Merchandise _ &"S.r z �`iy 4 ii.-#1.:.Y 1 .,iy _ ❑Insured Mail 0 C-O.D. or pC Box `7 574 J� /l j 9� 4. Restricted Delivery?(Extra Fee) O Yes City Stara,�P�s y , er(Copy from service label) �t t c (--X tai ` r _ / 7003 3110 0006 0803 3410 PS Form 3800.June 2.)12 See Reverse for InsltuctiOn�; ' July Jul 1999 Y Domestic Return Receipt 102595-00-M-0952 tcf 1.,faY��.'eP,iac: '.y 4' •.�•�:.: _i?'�� 4. ,r?.� rae ::k+i . . ••,�.,K.s::1v;,�::.•.`sue---,.... ._4 . � _. .,• U.S. Postal Service,. •MPLETE THIS SECTION C•M•LETETHIS SECT!•N•N •ELIVE•Y '.CERTIFIED MAIL. RECEIPT items 1,2,and 3.Also complete A. R- eived by(Please Print Clearly) B. Date of Dew r .(Domestic Mail Only;No Insurance Coverage Provided) estricted Delivery is desired. t etd a€ter 6 name and address on the reverse delivery information visit our •website afwwri.usps.Corn; C. Sign.ture 3 3 L can return the card to you. 0 Agent OFFICIAL i f# r card to the back of the mailpiece, X � � . I rout if space permits. O Addresse 3 Postage $ : �i �, D. Is delivery address different from item 1? 0 Yes 3x" % ` essecl to: If YES,enter delivery address below: 0 No ] Certified Fee •, ] ��i „ g Fee ¶' . 7 Return t Required} ge fiere ,(Endorsement 7 S -. c.,. Management, LLC ] Restricted Delivery Fee '''(-)N....„ t (Endorsement Required) ",,,,,,......2.2L-.:',...--;--. is• Ij.• 0t' Street Suite G 1 li t`.c� i Total Poste 9 e&Fees /j v- 'O 80634 3. Service Type 1 WC-edified Mail 0 Express Mail I Sent To�1' , . ,� 0 Registered ❑Return Receipt for Merchandise f•e-rl. •C-1 C/�.-241 22Gt�e«ti2�: . 0 Insured Mail ©C.O.D. - Smeei "Ir x -- orP0S No Y`fti 4. Restricted Deliv x{73/ �_ /�' �-- � �?(Extra Fee) 0 Yes CKY arF►4 1 tier(Copylabel, ' "% -. �< � c C., 3 from service 7003 3110 0006 0803 3427 ` AS Form 3800.June 2002 Sex rtP,,"...,se for Instructions • • - oil,July 1999 Domestic Return Receipt 102595.00-M-0952 LI.S. Postal Service,. PLETE THIS SECTION C•M•LETE THIS SECT!•N •N•• ELI VERY CERTIFIED MAIL. RECEIPT ms 1,2,and 3.Also complete A. Received by(Please Print Clear') B. sate .f a�• ery f (Domestic Mail Only;No.insurance Coverage Provided) tricted Delivery iS desired. e 1, O me and address on the reverse F r'.elivery inf•rmati•n visit.ur we site at tivwtq:us s.c•m an return the card to you. C. Signatu OFFICIAL U S• E and to the back of the mailpiece, �/ J ❑Agent _.- -it a7 -it if space permits. ❑Addressee Postage $ 7 '`P- ,.r. ;ed to: ery address different from item 1? ❑Yes r Fee _; .i.°---1.,\,k t�� If YES,enter delivery address below: 0 No -2 . AO.Certified I rectum Reclept Fee(Erxiomemert Required) I'•-7-5 ^'', �Post* 5-% len Huett Restricted De'er'Fee �,`'-"\•� i.".•:)/1 d County Road 8 (Endorsement Required) ; `i; �.•. \. --';'' , z CO 80621 &Fees > 3. Service Type Total Postage $ ` C/- �-�.. � jai Certified Mail 0 Express Mail Sent To 2Receipt for Merchandise [� �, l - 0 Registered 0 Return R ei t -- `!`'1 »�___.�i �___ __ � 0 Insured Mail 0 C.O.D. ?7!� CL� 4. Restricted Delivery?(Extra Fee) 0 Yes -6 - -AN , e&•'2r(Copy/romservicelabei) 7003 3110 0006 0803 3434 PS Form 3800.June 2002 See Reverse for Instructions • •• r,July 1999 Domestic Return Receipt 102595.00-M-0952 U.S. Postal Service,. •LETS THIS SECTION C•M•LETE THISSEC71•N •N ►ELIVE-Y l is 1,2,and 3.Also complete A. Received b not Clearly) B r- - CERTIFIED MAIL.,: RECEIPT p / ��' rir) cted Delivery is desired. B�t1=(Domestic Mail Only;No insurance Coverage Provided) ' e and address on the reverse F•r•elivety irti•rm fi n visit•ur we site at www.us•s.c•mr, t return the card to you. C. Sign , OF F I C I A L S �•. d to the back of the mailpiece, X /0...Agent V e if space permits. 0 Addressee ' I;r v j` D. Is delivery address different from item 1? 0 Yes Postage $ , •• �, d to: If YES,enter delivery address below: 0 No Certified Fee v e Return Rectept Fee , . e03 (Endorsement Required) tt Restricted Delivery Fee a --fir/ n Briggs (Endorsement Required) r• / Peak Road ^ �!/ ' ,+rr' / 80134 3. Service Type Postage 3 Fees $ -� r Certified Mail 0 Express Mail rte+ea l-77---7 j Receipt for Merchandise O Registered 0 Return R ei t - 0 Insured Mail 0 C.O.D. el 16' 'f c�. 3`ee•L Apt ' `�7�,/"""_" •> !'/L�` 3,6, ` i:, 4. Restricted Delivery?(Extra Fee) 0 Yes or PO Sox No [ __..L'i,4•i�c; cc.-L ', cfi:Stale,ZIP+, C� Copy from service k 7003 3110 0006 0803 3441 - i.--r'i, 8eC�,t.:• — PS Form 3800.June 2002: See Reverse for Instructions July 1999 Domestic Return Receipt 102595.00.4.0952 e can co, OMPLETE THIS SECTION C•M LETE THIS SECTieN•N•ELIVE•Y U.S. Postal ServiceTI.I items 1,2,and 3.Also complete A. Re ived by(Please Print Clearly) B. ate D-liver 3 CERTIFIED MAIL. RECEIPT estricted Delivery is desired. e / ' •omestic Mail Only;No Insurance Coverage Provided) name and address on the reverse �� ' 1 - t can return the card to you. C. Signat 1 •elivery inf•rmati•an visit•iur we•site _t wwwus•s.c•ms; -. ;card to the back of the mailpiece, '/�7 1 O F F 1 C 9 A a E front if space permits. X / "' 2 �� O Addrreesse 1 „, D. Is delivery address different from item 1? 0 Yes 1 Postage S r. ',•e essetl t°. If YES,enter delivery address below: 0 No 1 1 Certified Fee m en.• +e1 f Colorado / Return Reclept Fee <{ a (Endorsement Required) y > - Re°.O„ oard of Land Commissioners i dersement \ f ' Kerman Street, Room 620 I �/ f'R''' , CO 80203 3. Service Type Total $ Li.`T Certifietl Mail 0 Express Mail i Postage&Fees _ - _ 0 Registered 0 Return Receipt for Merchandise t sera To T... r , ❑ Insured Mail 0 C.O.D. I / L .a 7 dc�c—LczA^ 4. Restricted Delivery?(Extra Fee) O Yes SYree4 -stix; (��5.�� 7J'��or PO B�No./�J/�j r y l`-!'I. FS '-' doer(Copy from service, cm smas nlw ^—"` — Yn „ 7003 3110 3006 0803 3762 PS Form 3800:June 2002 Sec Reverse - 11.July 1999 Domestic Return Receipt 102595-00-M-0952 SENDER: COMPLETE THIS SECTION C•M•LETE THIS SECTI•N •N•ELIVE•Y U.S. Postal Service, tems 1,2,and 3.Also complete A. Received by(Please Print Clearly) :tie ot[$iv CERTIFIED MAILTM RECEIPT istricted Delivery is desired. �1 tame and address on the reverse (Domestic Mail Only;No Insurance Coverage Provided) can return the card to you. C. Signature card to the back of the mailpiece, / Agent F r.elivery inf•rman•n vislf:urw .site at www.us•s.c•m X V 0 Addressee F F I I L S ont if space permits. D. Is delivery address different from item 1? ❑Yes l - issed So. If YES,enter delivery address below: ❑ No Postage S_. _ •.":mistl•", !`•' Certified Fee '. ' - t ursrm Redept Foe T a*i ;truck (Endorsement Required) I p' �e 'ts I County Road 23 1/ Restricted Delivery Fee ,(4-. C• 3. Service T (Endorsement Required) -1 CO 80601 Type / "?I if Certified Mail 0 Express Mail Total Postage&Fees $ ' /�� rt'nn' ff El Registered O Return Receipt for Merchandise ---j2-2,,--"` ❑ Insured Mail ❑C.O.D. Sent To / Vir.ifeciVEM/�.6-Cif �L� r 7-f ,C �i --.^ 4. Restricted Delivery?(Extra Fee) 0 Yes orPOeox No. Si; GAS aA,/72_, -- er(Copy from service lab 7003 3110 0006 0803 3779 cry,State,nw., �/7 �,•�.-4421..�----. - """"e_ -k- mn S'�‘, 1,July 1999 Domestic Return Receipt 102595-00-M-0952 PS Form 3000.June 2002 See Reverse for Inc rlmfions ... - - -- SENDER: COMPLETE THIS SECTION C•M•LETETHIS SECn•N •N •ELIVE•Y U.S. Postal Service,., tems 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery CERTIFIED MAIL., RECEIPT istricted Delivery is desired. lame and address on the reverse (Domestic Mail Only;No Insurance Coverage Provided). .. C. . i•nat can return the card to you. F•r.elivery tnf•rmati•n visit•urwe•siteat www.us•s.c•ma. . card to the back of the mailpiece, X � ❑Agent OFF I •I • !L E ont if space permits. ddress D. Is delive ❑Addressee C F .tterent from item : 0 Yes I issed to: Postage S LStieki:Y;,� If YES,e er delivery address b- . No Certified Fee ' y t Return Redept Fee P�, '- ating Company (Endorsement Required) l' - J '�t T // ✓lississippi, Suite B-3 Restricted(Endorsement Reequired)Fee �-�\� /r,t�>r I, CO 80226 a Service Type ,� (, r/i,n�,_; IP Certified Mail ❑ Express Mail 'osteee&Fees $ 4. �42 _ ❑Registered 0 Return Receipt for Merchandise ' ❑Insured Mail 0 C.O.D. STent o—, de-) � / P -7i2 g,ty ijiC (_L 4. Restricted Delivery?(Extra Fee) O Yes or PO Box No."7fjt �L: = �J mr(Copy from service lab clt State,zlP+4 - Lt :r �~T- .._ 7003 3110 0006 0803 3786 else e'Z 4 1,July 1999 Domestic Return Receipt 10259500-M 0952 j, PS Form 3800 June 2002 See Reverse for Instructions 1 - '-.:1,:t..ii•f...fa.•.•£'• i 4.1 .F U.S. Postal Sef•vicer•, •MPLETE THIS SECTION C.M-LETE THIS SEC71•N•N DELIVERY CERTIFIED MAIL., RECEIPT terns 1,2,and 3.Also complete A. Signature (Domestic Mail Only;No Insurance Coverage Provided) +stricted Delivery is desired. X CyAgent I iame and address on the reverse livery inf•rm ti.n visit.•.ur we•sit at rrww.us•s.c•m; can return the card to you. CI Addressee F I I r L card to the back of the mailpiece, B. Received by(Printed Name) C. Date t =► ant if space permits. AGGREGATE I D � Postage $ ... / 4 .`fr \ ..-s.' ssed to: D. Is r r'R I `•-i ,` It Y r low Certified fee t i C. �,Wr�a� 00 l__i ; -. A--7 /iv-NA-5 ik�E ` `� '�.. SU 9 Return Rec ept Fee , t t , j : GOLDEN,Co 80401 (Endorsement Required) 75 ": 4t <n S i,,i Q Restricted Delivery Fi Fee .. V n' C0 F67 1 ` (Endorsement Required) , f }� Total Postage&Fees $ 1 ` Al.-) 3 Service Type Certified Mail 0 Express Mail . Sent To O Registered 0 Return Receipt for Merchandise 462‘z_«.`.i1r.!_: — e. �� o°> ❑Insured Matt ❑C.O.D. • wLPO :IV .«._ •._ i Q..s p , 4. Restricted Delivery?(Extra Fee) ❑Yes City,State,2iftW --� - •-- w �� p �=/L ecv - service label) 7003 3110 0006 0803 3458 PS Form 3800.June 2902 See Revers --- .-- SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY U.S. Postal Services, ins 1,2,and 3.Also complete A. S• nature tricted Delivery is desired. ❑Agent o CERTIFIED MAIL-•, RECEIPT me and address on the reverse X �r,Cf � ❑Addressee r (Domestic Mail Only;No Insurance Coverage Provided) an return the card to you. B Received 1;(Printed Name) Dat of Deliv 1 and to the back of the mailpiece, $ .r •eliv ryint•rm ti•nvi5fl•urw •sit twww.us•s-c•m;.. �J OFFICIAL it if space permits. 6 (� 3 E` :t` ;ed to: D. Is delivery address different horn item 1? 0 Yes 3 ...•o.i If YES,enter delivery address below: 0 No 3 Postage $ 1 ' 7 J r 3 i. .'/ • .tG ,4 tA5 3 Cerlified Fee 7 -30 ;"' . „„A - Ate/ 3 Return Reciept Fee 7 — '' s'��/`r/ V Li lt-°G / . rt ^semerttRequred) 1 Icted Delivery Fee r ". I (Endorsement Required) .-. rGL ,...7.,IU (T 0 �C�L/ 3. Service Type 3 71-Codified Marl 0 Express Mail Total Postage&Fees $ `y Z 1 0 Registered 0 Return Receipt for Merchandise I _— 7= 0 Insured Mail 0 C.O.D. 'Sent To /, ! :. 4. Restricted Delivery?(Extra Fee) J L�-%1' a G.,1:46+ ❑Yes - Street Apt,Na; —--- -+—.......«......-- _ or PO Box Na 1. 3 L:da6- � •...� _� ____-_ ) 7003 3110 0006 0803 3465 -( .. service Labe! City,State.ZIP+4 /lip" . e 2/ August 2001 Domestic Return Receipt 102595-Dt-M-2509 PS'Form 3800,Jure 2002 - See Reverse for Instrucriors ' SENDER:-COMPLETE THIS SECTION . COMPLETE THIS SECTION ON DELIVERY U.S. Postal Service— Is 1,2,and 3.Also complete A. Signature " CERTIFIED MAIL RECEIPT icted Delivery is desired. ❑Agent to and address on the reverse X ril 3- (Domestic Mail Only;No Insurance Coverage Provided) 4 i`�.�1lHdressee n i return the card to you. B eceived ,y Printed Name) SPDatetpDeibet9 F.r. liv inf•rmati.n visit•ur we Sit at www.us.s.c•m rd to the back of the mailpiece, OFFICIAL ,, ^,E �4, :if space permits. D. Is delivery O -id to: address different from item 1? ❑Yes 3 Postage $ :37 • % It YES,enter delivery address below: 0 No Certified Fee 2- 3O ` , ,ff—7 (Endorsement s°Red �,• `�c. G r�1 � Required), /• S , 3 Restricted Delivery Fee ! - G l (Endorsement Required) "...„..' fn77 A I g0&Lf 3. Service Type 1 1 $ �� -Certified Mail ❑ Express Mail Total Postage&Fees 1 El Registered El Return Receipt for Merchandise 1 0 Insured Mail 0 C.O.D. j ^ro / 3 t� L; i. . _4 ,`a ,4,.4...._____ 4. Restricted Delivery?(Extra Fee) LI Yes • o(P0 60x N Apt o. , ((��,� City, �>s.4 '-/ .� ''� "w-J-4"--' rrvice label) 7003 3110 0006 0803 3472 �yLL --) — 61 6 z August 2001 Domestic Return Receipt PS Form 3800.June 2002 See Reverse for tnstrucuang 102595-01-M-2509 t ' r: _r• _ _.' ..- _ .- ,.. . ' U.S. Postal Services., •M'LETS THIS SECTION C•M LETE THIS SECTI•N•N •ELIVE•Y • CERTIFIED MAIL, RECEIPT' gems 1,2,and 3.Also complete A. Signature a 1 -(Domestic Mail Only;No Insurance Coverage Provided) ,stricted Delivery is desired. X 9'A-gem 1 lame and address on the reverse 0 Addressee ' •elivery inf rmati nvisit•ur we•site at www.us•s.C•m� can return the card to you. 1 SE card to the back of the mailpiece, B. Received by(Printed Name) C. Date o�f �v,�r ant if space pe mits- REGATEpIN�i1U STR� 1 .a - D. 151 4 AITREG �I: tcs- Postage $ r ssed to: g ,fie '�' If 1707er a vlry_aQ(kgs;eibtUl l t 100 � C ISLV J n Cerdlied Fee 2 3l 1LC" rj_ t GOLDEN, CO 80401 3• Return Recept Fee 1 - i Here ' (Endorsement Required) /•1� .,� *r Colorado, Inc , ,..„ D Restricted Delivery Fee a e Boulevard, Sult000 v` a (Endorsement Required) ,-` - ty` 9 �O 80401 s� Service Type rl Total Postage&Fees $ `7 ' "l 2v -f ,(� ` ertified Mail 0 Express Mail rl I_ �O Registered ❑ Return Receipt for Merchandise D Sent To /J/,- 12,4 __ .__� \P' 0 Insured Mail 0 C.O.D. • � Noa• (/�� -7 I.il t- F_ t •S/CO '�!,...---c,,,,,i r4. Restricted Delivery?(Extra Fee) 0 Yes cII satB,z6+ 6a-t'.cceit_ SOVi0/ 'r 7003 3110 0006 0803 3519 service na,/ PS Form 3800 June 2002 SOP R verse for In i r anon August 2001 Domestic Return Receipt 102595-01-M-25O '.erarrnrn.. -MPLETE THIS SECTION C•M•LETS THIS SECTI•N•N •ELIVE'V U.S. Postai Service,' ems 1,2,and 3.Also complete A. Sr nature CERTIFIED MAIL, RECEIPT stricted Delivery is desired. ❑Agent El rl > (Domestic Mail Only;No Insurance Coverage Provided) - ame and address on the reverse ' W9 ,/�� 0 Addressee n _ :an return the card to you. For_•elivery ml•,�mati n visit-ur we•si_te at_w_ ww.us• . ;, 1 ;ard to the back of the mailpiece, R. eceived• by Pri t-.Name) C- Da -of D-.'very n• OFFICIAL ` rut if space permits. co _ _ -_ _ _ - D. Is delivery dr s afferent from item 1? ❑Y= 277 used to: - If YES,enter delivery address below 0 No Postage 0 - .D Derailed Fee -2 _ _ n Z Cl I Pgsimihrk Westminster J semment Requurt� 'There (. y ;tor of Public Works 7 Restricted Delivery Fee ;St 92nd Avenue (Endorsemem Required) 13. Service Type n it, aster, CO 8003 .Certified Mail 0 Express Mail Total Postage 8 Fees $ el ‘ "1 hi '0 Registered ❑ Return Receipt for Merchandise Tl - 0 Insured Mail ❑C.O.D. 7 Set#To � 'Street- 4N [ C.1I '/ . hit'/t--at..-..ii/ ( 4. Restricted Delivery?(Extra Fee) ❑Yes o,POBoxNo. °Lib Y ' / Got ' 7003 3110 0006 0803 3526 CO,State,ZIP+ I , CC/ „ a service lab. __-- PS Form 3800,June 2002 - Se Reverse for instructions .August 2001 Domestic Return Receipt 102595-01-M-250' - 'W*/anin494H/LUrlli. COMPLETE THIS SECTION ON DELIVERY U.S. Postal Service,' -n _ is 1,2,and 3.Also complete Signature 11 . CERTIFIED MAILr; RECEIPT ictedDeliveryisdesired. - ., `' 0 Agent 41 (Domestic Mail Only;No Insurance Coverage Provided) ie and address on the reverse -S"-t-dam- 0 Addressee -n i return the card to you. F•r•elivery inf•rmati•n visit ur we• ate atwww.us s.g rut Received by(Printed Name) e o elivery T rd to the back of the mailpiece, = OFFICIAL U t if space permits. ennits. 1/4—‘,-�a tag••`-'- •-_ ��l 11 D - - D. Is delivery address different from item 1? ❑Yes Poste E a 7 s�""4.,, x1 to. If YES,enter delivery address below: 0 No �.t Certified Fee 1 _✓0 ih ,- Ream Reciept Fee r� '1:7 P"Inlatk r:'" 1 1 (Endorsement Required) / -% y if° i_�"; esley Hill Restricted Delivery Fee 1. lerl . : 62 (Endorsement Required) ___ - -' _ 'O 80601 3. S�errvice Type TI $ , Ili- - W Certified Mail 0 Express Mail Postage BFeea _ a *. - - 0 Registered ❑ Return Receipt for Merchandise 7▪ to /I 68 /t' O Insured Mail 0 C.O.D. ,• ._• -- l/1Q � -_ �_.__� 4. Restricted Delivery?(Extra Fee) 0 Yes Snaierca No.: �` _ orPOBox No. JY_.� cal srate,zPs - r3v G mace label) 7003 3110 0006 0803 3533 PS Form 3800:June 2002 See Reverse inn Instructions. 4ugust 2001 Domestic Return Receipt 102595-01-M-2509 U.S. Postal Services., - 'MPLETE THIS SECTION - COMPLETE THIS SECTION ON DELIVERY r CERTIFIED MAIL, RECEIPT ems 1,2,and 3.Also complete A. Signature, 1 (Domestic Mail Only;No Insurance Coverage Provided) stricted Delivery is desired. /1/f ❑Agent 1 ame and address on the reverse X (_,yU✓j ❑Addressee •r•elivery inf•rmatr•n visit.ur we site at www us l ^ -- ;an return the card to you. B. Received by(Printed Name) I lr Date of Dr ] OFFICIAL ,. card to the back of the mailpiece, .� 0 L - ant if space permits. 3 /"" Postage / _ •''��N D. Is delivery address different from item 1? O Yes 3 10' If YES,enter delivery address below: El No ] Certified Fee 30 ( 3 Realm Reciept Fee ( .' P re " /esti,IA TT v gin.? �'\ (Endorsement Required) ated mutual Water Co. - F ] Restricted Delivery Fee < lh - .t \ /� 3 (Endorsement Required) . 127 Avenue 3 �:.. \ r,;:;ti if' Z.' 1 Total Postage 8 Fees $ • d, CO 802I 5 3. Service Type \� k re, 1 A Certified Mail ❑Expre ai� ] -M To `/ •] Lmay]//"Vf O Registered O Return Receipt for Merchandise L L✓ O Insured Mail O C.O.D. - 3`oeet API No.: A --_• orPO BaxN° X 2-`7 0 0 /t J /27 rL ry-c_ 4. Restricted Delivery?(Extra Fee) ❑Yes Cly,State,Z1144 li,. tee sit- -≤( er 7003 311❑ 0006 0803 3540 a a.�k;GL L 1 service Zabel) PS Form 3800.June 2002 See Reverse for Instructions PS Form :11,August 2001 Domestic Return Receipt 102595-01-M-250c U.S. Postal Services,., • CERTIFIED MAIL, RECEIPT MPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY n ems 1,2,and 3.Also complete n (Domestic Mail Only;No Insurance Coverage Provided) A Si re „ O Agent R _ ;tricted Delivery is desired. ft For_deliveryinformation visit our webslte at www u ps.corli - ame and address on the reverse O ffj�-1 ec-/r 1K--s,_O Addressee rt :an return the card to you. B. Deceived anted me C. Date of Delivery p ' ' ▪ :aid to the back of the mailpiece, ry� ) 3 — mt if space permits. y N� /Tic� � Postage $ • 77 ( ' - D. Is delive�Y addre - nt from item 1? ❑Yes D 1 feed to: If YES,ens (iQli/I d below: O No 3 Certified Fee q �, y J L U 3 �"`RetumReelept_Feer�°erk- 4>\ cement Required) I .15- � CJJQ _C) Restricted Delivery Fee __-.. Nystrom C\4' O R▪ (eckr•.,vment Required) tp\ l �/ 1689 Total Postage s Foes $ �• y 2- I, CO 80621 3. Service Ty e' 1 *Certified laaiEtob ess Mail 7 Sent To .mot 3 j .� � `� Z/��lm O Registered ❑ Return Receipt for Merchandise Sbeet Na: y �//�'/V,` ❑ Insured Mail ❑C.0 D. ry c- or PO Box No. �C -. 9r-F4 t /(v' 5 / - 4. Restricted Delivery?(Extra Fee) O Yes City,Slate,ZION-4 n ---. A -011keiti f� (` 2/ er 7003 3110 0006 0803 3557 PS Form 3800.June 2002 See Reverse for instructions r service labe, Domestic Return Receipt 102595-01-M-250 PS Form.3811,August 2001 U.S. Postal Servicen., LETE THIS SECT/tN Ce M•LETE THIS SECTIeN eN a ELIVE-Y T CERTIFIED MAIL.,., RECEIPT n - ms 1,2,and 3.Also complete A. Sig ature 11 (Domestic Mail Only;No Insurance Coverage Provided) tricted Delivery n - is desired. :. ❑Agent Fr•elivery inf•rmati•n visit•ur webslte at vnvw.us s.c•m; me and address on the reverse X �� t \ _ - +r ❑Addressee n OFFICIAL - - .S E an return the card to you. a and t0 the back of the mailpiece, B Received by(Panted Name) C Dat of Deli e 3 -] it if space permits. Postage $ / <--.',- D. Is delivery address different from item 1? O Yes n "-""j' ^, :ad to: 3 Certified Fee Z;30 .4:"4.-• „`-4,.. ... If YES,enter delivery address below: O No Posttest\ )41-' 3 (Endorsement RRNquiteed) ' 7 S (° .,i Rere `a c: 3 Restricted Delivery Fee -.r$ -'1) lanaban Trustee (Endorsement Required) \ ..2':`i i i:i .� ,' t 7 Feet, Suite 2700 S Total Postage&Fees , \ F '"—<r. 9 $ J =.r ▪ ) 80202 3. Service Type n ' _ -Certified Mail O Express Mail 3 `^�° / ( O Registered O Return Receipt for Merchandise - La `-•.( +-+� -- ❑ Insured Mail ❑C.O.D- orpt• 4 r1yL%Jo.; earNa e S 4. Restricted Delivery?(Extra City,State,ZIP eG' 7 1--,_ .-13 7"4:_-_-_. Fee) ❑ Yes �L . ea: 2` 7003 3110 0006 0803 3564 PS Form 3800 June 2002 See Reverse for Instructions service label) PS Form 3811,August 2001 Domestic Return Receipt 102595.01-M'2509 U.S. Postal Servicerm •LETS THIS SECTION C•M•LETE THIS SECT/•N•N•ELIVE•Y 9 CERTIFIED MAIL RECEIPT p y( �y1 err 'I MAIL. s 1,2,and 3.Also complete eived b' a Print Clearly) B. Date of Deliv - Domestic Mail Only;No Insurance Coverage Provided) cted Delivery is desired. b ��„ k,6/ ' ,e and address on the reverse delivery information visit our website at ww C. Sig w,usps.coma, I return the card to you. O Agent ] OFFICIAL USE d to the back of the mailpiece, X if space permits. I.eJ� ❑Addressee 1 $ _ e. Is•:.,v Ivey address different from item 1? ❑Yes 1 d to: It YES,ent�;l�lyy address O Cemtied Fee ';t r.v •i� illAIP/ t(d! i 1 1 Return Redept Fee ' Fai (Endorsement Required) r '.t C. Valerie A. Parker 4_i I RestrictedIF, eDefwelyFeent Required) 3 a''o -C-*. ;ounty Road 23 'A i r = :O 80601 3. Serrice Type $ z7. Total Postage&Fees "'I= MI Certified Mail O Express Mail I .Sam To r �"- ' ° ` n ❑ Registered ❑ Return Receipt for Merchandise eeKAp[lvo&1t.� _ `/' C/ -(1 r O Insured Mal O C.O.D. or FOB=It /. t f tur,k' !/_3 // 4. Restricted Delivery?(Extra Feel ❑Yes City, ZIRN ! 2C (Copy from service label) 7003 3110 0006 0803 3731 PS Form 3800 June 2002 See Reverse for insiructons . .,July 1999 Domestic Return Receipt 10259SOO-M-0952 - U.S. Postal Service,. e4iIagg:sg4ei/L•h COMPLETE THIS SECTION ON DELIVERY CERTIFIED MAIL, RECEIPT ems 1,2,and 3.Also complete A Rec ved by(Please Print Ceary) B. Date of Delivery (Domestic Mail Only;No Insurance Coverage Provided) amean ddre ss desired. /aJ - °IL"Sa K -]C- •j O ff' y 9 ante and address on the reverse Sign 're F rdeivvery inf.rniatnn visit •utwe•site afwww us•s.c rn;•, :an return the card to you. 0Agent card to the back of the mailpiece, (7i I OFFICIAL USE ant if space permits. v 7' 411 t _ c.-1' O Addressee D. Is delivery address different from item 1? O Yes Postage $ :�v s`;- ssed to: If-YES,enter delivery address below: O No Certified Fee •`?.. e• 2 turn Redept Fee `�iym rlisr_t - ,,•. arms A Partnership (E,._.ser og Required) 7;et are ; I Restricted Delivery Fee s"' r 508 (Endorsement Required) 7, CO 80601 3.%Service Type Total Postage&Fees $ 'Y ,gi Certified Mail O Express Mail Sent To .. ❑Registered O Return Receipt for Merchandise y j- O Insured Mail O C.O.D. Street /.f :. Y ,L4?'`✓ _hi 1-11-. 7%., ci.. , 4. Restricted Delivery?(Extra Fee) O Yes or PD Box Na /1:202c. r_7j C+4:S zIyq ` - Jr-i _.-..-__- ter(Copy from service tab° Lc ., L ren �C�o/" 7003 3110 0006 0803 3748 PS Form 3800 June 2002 See Reverse for Instructioes 1,July 1999 Domestic Return Receipt 102595-00-M-0952 U.S. Postal Service, ns 1,2,and 3.Also Complete A. Received by(Please Print Clearly) B. Date of Delivery CERTIFIED MAIL, RECEIPT rioted Delivery isdesired. (Domestic Mail Only;No Insurance Coverage Provided) lie and address on the reverse 9 O. Signatu in return the card to you t O Agent F•r•elivery inL rmati•n visit•ur we•site at w ww.us•s.c mL - vd to the back of the mailpiece, X p;..r, /lei- 0 Addressee OFFICIAL USE it if space permits. _ _ �r8 a� D. Is delivery address different from item 1? O Yes ed to: If YES,enter delivery address below: O No Postage y .Iti iN�; - Certified Fee r ~ Q7 i".c -Return Redept Fee _ IIII(((r 3° -- ittenberg Corp. i (Endaserrem ii Required) ' c dway, Suite 2000 Restricted Delivery Fee O (Endorsement Required) s ,r ,,' O 80202 3. Service Type 'Va,:)t r_,N Postage&Fees $ 4. ,/ p Certified Mail ❑Express Mail '-( O Registered O Return Receipt for Merchandise �{ O Insured Mail O C.O.D. CJ-Th i EJi A (�,9- 4. Restricted Delivery?(Extra Fee) O Yes mPoearNa !4ZS i� _e{ti-•_-,v�yl ZfZ?: '(CoPy from service label) 7003 3110 0006 0803 3755 City,Stare,ZIP•4 if v` 3-2 1i ,July 1999 Domestic Return Receipt 102595-00-M-0952 PS Form 3800.June 2002 See Reverse for Instruct on; '.S. Postal Servicerr.+ - PLETE THIS SECTION C•M•LETE THIS SECT/eN sN•ELIVE•Y CERTIFIED MAIL, RECEIPT I` (Domestic Mail Only;No Insurance coverage Provided) ms 1a 2,and 3.Also complete A. y •lease pnfrt C.., y) B. Date of Deliv m 9 rioted Delivery is desired. ,/ ,- '/ —o F.r•slivery inf.rmati•n visit"ur we•site at www.us•s.c ms me and address on the reverse o - -- - -- in return the card to you. C..•.ig lure OFFICIAL USE trd to the back of the mailpiece, x r ,{./ ❑Agent n / !i 7 Pas $ R if space permits. t /! ( ❑Addressee Cgirt 1 r( '—. etl to: D. Is delivery address different from item 1? ❑Yes 7 Gratified Fee Y If YES,enter delivery address below:, ❑No 7 _ ; - r110 eiNc t 7 (Endorsemm Reelept Fee ent Required) `7. 'Q<.l zler t. e.r 7 nestrsemenerneryreea _, .. ewer, Inc. a (Endorsement Required) 0 f n oi 29 ! Total Postage&Fees $ 1 •/R CO 80601 s: service Type rl A Certified Mail O Ex 7 sent To - Press Mail 7 �,�f jam.({ L�yV, _ Registered ❑Return Receipt for Merchandise Saeet Apt it; l `ryry- ` v--I lr ❑Insured Mail O C.O.D. or PO bux Na �) 7:5L e!'"_G L1ry,.Stem,ZlPt4 1X---� 4. Restricted Delivery?(Extra Fee) O Yes Lite Gi k Q/ (Copyfiomservicelal 7003 3110 0006 0803 3793 PS Form 3800.June 2002 See Reverse for.Instructions' PS Form ,July 1999 Domestic Return Receipt 10259500- M 0952 " t OMPLETE THIS SECTION C•M•LETE THIS SECThN eN•ELIVE•Y U.S. Postal Servicerm CERTIFIED MAIL:, RECEIPT items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery estricted Delivery is desired. (441/711 / (Domestic Mail Only;No Insurance Coverage Provided) name and address on the reverse � t2" E r.•elivery inf:rmatnn wsd ur we•site at vnvw us•s.c m„. can return the card to you. C. S_n, OFFICIAL- ' - card to the back of the mailpiece, / G � Agent - t k .{ root if space permits. X$ •k//^ 0 gddressae . D. Is.-livery address differ from item l? ❑Yes Postage `t zssetl to: : RYES,enter delivery address below: O No , Certified Fee 1O•• et '';.f _. O�Pod5hSrk �', (Endorsement Requireturn RsclePt es 1a -Rem Area Power Administration c,. �Re Delivery ul Fee 'I'rr:)'-, � 3700 i, CO 80539 3. Service Type Total Postage&Fees $ 1 )I Certified Mail ❑ Express Mail ❑ Registered O Return Receipt for Merchandise 1 Sent To///,, . / 7) J O Insured Mail ❑ C.O.D. Street #,,,iy.-A/zl 1K-4 LZ4iY.=l.- �a././4..44i...__ No4 ll 4. Restricted Delivery?(Extra Fee) 0 Yes orPOBN°' V ��%� 5 Gr — er(Copy from service label) t op;srem,nw4 -; "'�"' goicay 7003 3110 0006 0803 3809 PS Form 3800.June 2002 See Reverse for InstructionsJuly 1999 Domestic Return Receipt P 102595-00-M4952 .r4 1'..x�_"A -a.,{_z, - '..__%t' r�.�F:, ce•:•:i+_.' r.r-:-.S:' :r''.,, y:,yt Y.W. •'. -:; ,r..:s- � •'.', _ �•T .: �.:6a. fir! :i.-1- .r r: r8 k'� 'T: •A �,- `;,� T:•`:K . saj:K _< ? �G��^r�'� :r,�-, !. :i,: �.'ti'..' .,tii i ;i'•' 'w`;::xc-:'xr;Sk„Y: vr,..•P. 7x J'a'r K1.: '..„.t. • " y.' ,r. •,-1.:.tr�•,*•• ?:1p;,_?-r.. }:,;� t` ...s. ,w,A.��:�, 1 .. JSS,":.,,r'� .� ^.=tax•. . U .',.' . 'ti's : .. .. .a .. .U.S. Postal.Service,. l'r4l#r:If- 'It•}iI•L' C•M LETETHISSECTI•N •N•ELIVE"V CERTIFIED MAIL,-RECEIPT T-• ,:�J '• •-�•. CER. R P s 1,2,and 3.Also complete A. mature Domestic Mail Only;No Insurance Coverage Provided) :ted Delivery is desired, i 1] ;dgent and address on the reverse X �a'�« r taiyery inf rrrlatl n ylsit• r •stlawtvwp •s.e• ddressee return the card to you. R. Received b P .Name) C. Da of livery OFFICIAL E i to the back of the mailpiece, ., t• ._,r if pace permits. PI •r SIG Postage 3 =.37 *,,•r'"-"'v:, Ito a Is delivvy address dd!erent item item 1? 0 es 44,-'7 .�z If YES,enter deliyer.�•• addre4s•below: rlo Certified Feey,` G t`� • -3c) !f• % f-AV/N4, Le: , I' '' -� Return Recept Fee !` t (Endorsement Required) 1.75" , ( 1 os.,..k0 . �1• `"mil a ` �4 r� Restricted Delivery Fee f t.7;1 • (Endorsement Required) `ti`f •••• ''r pti:'z: ,' " G,x, f/ l `'`,__. :..'` C 61 S`V 3. Service Type Total Postage&Fees $ _/ ' f -• ,D-Cettified Mai rtz ail 7 Sent To !�[ 0 Registered eturn Receipt for Merchandise Street,qot Na. (" .—. -M ± & ----) 0 Insured Mail 0 C.0 D. Mar- or PO aox Na t �`�i 4. Restricted Delivery?(Fxtra Fee) ❑ yes c+r,State,zn �� 700'3 3110 0006 0803 3489 C�a' /ice label) PS Form 3800.June 2002 • -See Reverse for Instructio.',e — :a.,:.:'::."'... CFAIFIFR• CAMP • TE THIS SECTION C•M LETETHIS SECTI•N •N•EtrVE"Y U.S; Postal Service,'" 2,and 3.Also complete A. Sign re 7 :CERTIFIED MAIL.' RECEIPT - id Delivery is desired. :'(Dorl]estfc Mail Only,No InsuranceCoverage.Provided) and address on the reverse X ? �"�`J C ' ❑Addressee 1 turn the card to you. B. Received by(Printed Name) C..D a o�ivery y.. • livery •inf• •mati.n •visit ur •we.site t www.us.-.eo `::i o the back of the mailpiece, AUG 4 2004 1 OFFICIAL "� .'y" space permits. I ] _ D. Is delivery address different from item 1? 0 Yes ] !`` r ` If YES,enter delivery address below: Cl No Postage $ �j-� -. —'• •ir+ `.",p 3 Certified Fee . �"j0 ��i 'ompany ] r`-iUirn Rectept Fee •- ^OIJ• -.� .°� ` - Baumgartner :ement Required) "7 -;' I, Restricted Delivery Fee �1 I (Endorsement Required) • I 80601 3. Service Type I o 'ertified Mail 0 Express Mail Total Postage R Fees $ r ,aell 1 �� I Ci _rid � O Registered 0 Return Receipt for Merchandise I Sent To r. f 0 Insured Mail 0 C.O.D. 9 4. Restricted Delivery?(Extra Fee) 0 Yes -rrcet,Apt. • 7Va�� -t�.X.t;.t..��.r_ �_��._........ Of PO Box No. � �_..'t .�:' --c7-7-7,--7-- 7003 3110 0006 0803 34`i6 City,State,ZIP+q :e label) C. lam' - - - PS Form 3800,June 2002 See Reverse for.Instructions gust 2001 Domestic Return Receipt 102595-01-M-2509 ,. . SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY U.S. Postal Service., ems 1,2,and 3.Also complete A. Signature CERTIFIED MAIL., RECEIPT itricted Delivery is desired, I` �, - / ❑Age erne and address on the reverse 4'—- 4. -'201.❑Addressee 1 (Domestic Mail Only;No Insurance Coverage Provided) an return the card to you. `- 1 :ard to the back of the mailpiece, B. Received by(PrintedName) C. Date of Delivery F•r.elivery inf.rmati rt visit ur we•site at w+aw.us.-.c• 1 � � � � � � .ntrf space permits. _; :. 3 - sed to D. Is delivery address different from tin 1? ❑Yes ] f!�`y' r. If YES,enter delivery' address below: - 0 No Postage $ �•%�--,:7, ‘Certified i Fee �¢67etiiilt '" • Dersham ] Return Redept Fee t 1 :-1..-: -i y �• (Endorsement Required) i.;•VI.' .•�)E <`-OUCt .. - ..G Restricted Delivery Fee ✓ ''„ ,.r C‘..")/1 WY 82009 (Endorsement Required) '- r-i' ,, , 3. Service Type °! c,r f �i erti Marl 0 Express Mail I ' Registered 0 R eceipt for Merchandise Total Postage&Fees $ 0 i ^ 0 Insured Mail 0 C.O.D, I � :!_12 4. Restricted Delivery?(Extra Fee) 0 Yes reel,l it' orPO Bay Ma 7!v y7003- i 7003 3110 0006 0803 3502 service label) C67 . L _-il ' . ;;/Le' tiC1' ems% - ,August 2001 Domestic Return Receipt 102595-01-M-2509 PS Form 3800.June 2002 See Reverse for Insiructioos r". tern►►r►cu ►IUN►Lrm r" qAppIegate td� 1499 West 120thV ruDuite polonC. Vw oc ; , , y penver, Colorado 80234-2728 7003 3110 0006 0803 3656 , F 1 % (,tUJRN RECEIPT ,� P Johnathan L. &Deborah Stecklein '�i• ; 3 636 Weld County Road 23 ' REQUESTED j, Brighton, CO 80601 ' - SI'EC636•* 606033044 1204 20 06/0'7/04 NOTIFY SENDER OF NEW ADDRESS ' STECKLEIN'JON 1233 XANADU ST AURORA CO 80011-6530 i u_u 1. a. ...1:IME-4'P 16,1,11,,,,;1.1„1L,L;:d,,li,1 I.,11„LiI„1,11,,J,1,1„I,d,1,1,11,,,1L,J l //4P'/r c r ��pp�� i Uci " � `r NC ` LtJ { e 0I mmea rV 1 NCI 1 ' V`fr ) 4...'.....Y..t.. N. AN�' t ( W -. . m . ,T@ -33 1` �y u . LL NO u m w ,Fi F vii .g .i pv LL �,.: sall E u5 '" $ 0 n , ., 959E E090 9000 OTTE EOOL I erm?co• r+MPLETE THIS SECTION . C•M'LETE THIS SECTUN eN•ELIVE'Y U.S. Postal Service,., a CERTIFIED MAILTM RECEIPT ems 1,2,and 3.Also complete A. Si. turnip siricted Delivery is desired. X ./ 0 Agent n (Domestic Mail Only;No Insurance Coverage Provided) lame and address on the reverse VVV 0 addressee n can return the card to you. delivery information visit our website at www usps.com�. = �ieceiv lby(Printed NN� 32F! card to the back of thmailpiece J - ssed to: Postage $ 2.7 If YES,enter delivery address below: 0 No a 3 Certified Fee _•0Gi ,<,"\/, ' _ `� 3 Return . Postmtra, ee (Endorsement Required) ,j i riere \ '-- Routzon -I Restrictednot �. �r� f z• eld County Road 8 1 - -0- i� ' :on CO 80621 3. Service Type Total Postage&Fees $ ' Certified Mail 0 Express Mail 1 '?.„ ❑Registered ❑ReturnReceipt for Merchandise I Sent To \ 0 Insured Mail 0 C.O.D. 1 �C7C:l'y.GL C ` rer2Ct e-n .St ede Apt .'--•-• << j- 4. Restricted Delivery?(Extra Fee) 0 Yes or PO Bo•No: / 5-1-2 G'.k' py tier Pty.State. --1•-,•-,-- 7003 3110 0006 0803 3571 F+- / /trl aClczl as label PS Form 3800.June 2002 �' t See Reverse for Instructions" 1,August 2001 Domestic Return Receipt 102595-01iM250' ' -Ctta nen' r+MPLETE THIS SECTION C•M LETE THIS SECT/eN•N •ELIVE-V U.S. Postal Servicer+., CERTIFIED MAIL RECEIPT ems 1,2,and 3.Also complete A. Signature , a MAIL. stricted Delivery is desired. Agent T (Domestic Mail Only;No Insurance Coverage Provided) lame and address on the reverse X ' Addressee T - can return the card to you. 1 For delivery inform ur information visit o website atwww.usps.coms card to the back of the mailpiece, ° ••eceived by(Printed Name) C. Date of Delivery 1OFFICIAL ., ont if space permits. Kc c_ k3 \ D. Is delivery address different from item 1? 0 Yes r 1 , - ssed to. Postage $ _ �-J /./ 'y :y ti If YES,enter delivery address below: Giro 1 /,C...". `' 1 ^ Certified Fee o -it (""f — y 4- 1 P ark (ErMorseementt Requirred) 1 -77 5 --% _ m ee r. -rgy I ReseictedDelivery Fee '-r' e" th 7th Avenue I (Endorsement Required)I Si ,-77:::<.,''J CO 8O631 3. Service Type i Total Postage&Fees $ / ` y .Certified Mail 0 Express Mail I \ 0 Registered 0 Return Receipt for Merchandise I Sent To l 0 Insured Mail 0 C.O.D. 1:/t_ LE e.,0- ' •$acct,Apt No; •`fir ' 4. Restricted Delivery?(Extra Fee) ❑yes orPO Box No. /?..:.. � { 7'4‘ / Ciy,State,z/P+4 ' c` of 7003 3110 OOO6 O8O3 3588 r service label) .? PS Form 3800 June 2002 See Reverse for Instructions 1•August 2001 Domestic Return Receipt 102595-01-M-2509 -- ecunrn _ PLETE THIS SECTION C•MPLETE THIS SECTI•N•N•ELIVE'Y U.S. Postal Services:,CERTIFIED MAIL, RECEIPT tins 1,2, and 3.Also complete A. Signaturertricted Delivery is desired. 0 Agent I - (Domestic Mail Only;No Insurance Coverage Provided) tine and address on the reverse X %f'/� ❑Addressee an return the card to you. F.r•elivery inf•rmatt•n visit•ur we•site alwww usps.c. pm� R. erv-. .y(•no Name '.ate• De'very :ard to the back of the mail piece, //-- OFFICIA nt if space permits. ,. eta t7 "'• D. Is delivery address different from item ? ■ Y- 1 Postage $ s c sed to: If YES,enter delivery address below: 0 No Certified Fee z . 0 I l if \\ C' Return Rodept Fee _ - yy p l.'' (Endorsement Required) ( `' � Gam' . _ ,`:e , tergy Resources, Inc. (EndorsementweRequired) __ ,'';•�f treet, Suite 2600 3. Service Type ,.s&Postage&Fees $ • i2.-- O 80202 N-Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise ti. r t7 Insured Mail ❑C.O.D. �l.Q��C-6yc�-GZ r�7 _ / ��Z_<";�_C.Y- 4. Restricted Delivery?(Extra Fee) aPo el"Na 15 ) 171-Li- -,de z&6"L} r ry' 0 Yes �'State,VFW >`, service label) 7003 3110 0006 0803 3595 PS Form 3800 June 2002 See Reverse tar Instructions .August 2001 Domestic Return Receipt 102595-01-M-2509 • Hydrostratigraphic Evaluation Proposed Wattenberg Lakes Site Regional Geologic Setting The proposed Wattenberg Lakes site is located in valley fill alluvium associated with the South Platte River. Alluvial deposits in the valley generally consist of poorly sorted mixtures of unconsolidated gravel, sand, silt, and clay or interlayer beds of relatively well-sorted sand, gravel, or silty clay. The thickness of the alluvial material ranges from near zero at the valley edges to over 30 feet near the South Platte River. The alluvial material is typically covered by organic matter and weakly developed soil and underlain by layers of shale that are part of the Arapahoe Formation. The shale layers as a nearly impermeable lower boundary to the alluvial system. Groundwater in the South Platte River alluvium is under water table conditions. The groundwater in the alluvium adjacent to the river represents a stream-aquifer system in which the groundwater and the surface water are in close hydrologic connection. The South Platte River is used extensively for irrigated agriculture in the valley and on the adjacent lands. Water is supplied for irrigation by diversion of surface flow directly from the river and its tributaries through a network of irrigation canals and ditches. Recharge to the alluvial aquifer consists of infiltration of applied irrigation water and deep percolation of precipitation. The South Platte River forms a natural sink for the groundwater and groundwater discharge to the South Platte and local groundwater pumping represent the major sources of discharge. Site Conditions Information on the subsurface conditions for the project site was derived from boring logs (Aggregate Industries, 1999) and samples collected from groundwater monitoring well installation and data collection (Northern Colorado Geotech, 2002). Additional subsurface information, groundwater and alluvial aquifer characteristics, was obtained from published studies and reports prepared by federal and State water resource agencies. Subsurface information and data collected by adjacent aggregate mining operations was also gathered and reviewed. Records were obtained from the Colorado Division of Minerals and Geology and Weld County Department of Planning and Zoning for the Asphalt Paving Company Perry Pit (M-1990-098 north of the site) and the Hall-Irwin Corporation Baseline Resources Pit (M-1997- 058 south of the site). Aggregate Industries drilled exploration holes in 1999 to define sand and gravel reserves for the proposed mining operation. The drilling included a total of 63 holes spaced throughout the proposed project site. Exploration borings also included lithologic descriptions, sieve analyses of representative samples, and water level measurements. Sieve analyses of exploration borings were used to evaluate the general grain size distributions, and range of materials within the alluvium below the approximate water table. All of the boring holes extended completely through the alluvium. The saturated alluvium consists of predominantly medium to coarse sand with variable amounts of gravel and fines. The saturated alluvium in the borings contained between 55-72 percent sand, 25-35 percent gravel, and 3-13 percent fines. Overall, the samples indicate that the characteristics of the alluvium are somewhat 1 variable across the site, ranging from poorly graded sands with silt and gravel to well graded sand with gravel and cobbles. The borings extended through the alluvium and bottomed in several feet of moist, grey, siltsone/claystone. This clay layer is interpreted to be the transition shale bed of the Arapahoe Formation. The description of the material suggests that the top of bedrock behaves as an aquitard (low permeable barrier) for the overlying alluvial aquifer. Installation of groundwater monitoring wells in 2002 included the drilling and completion of seven (7) wells spaced around the property perimeter. With the exception of MW-09, the wells were drilled into the underlying bedrock and screened through the entire saturated alluvium. The drilled wells were completed according to ASTM Standard D5092, Standard Practices for Design and Installation of Ground Water Monitoring Wells in Aquifers. A typical well installation log and construction diagram is illustrated in Figure 1. Monitoring well MW-09 was hand dug approximately four feet into the saturated alluvium, screened its entire length, packed with natural alluvial material, and sealed near the surface with a collar of compacted natural clay soils. Following installation and completion, measuring point elevations were established on all the well casings for reference during future groundwater monitoring. Groundwater data has been collected on a monthly basis from most of the monitoring wells since January 2002. Collected data includes depth to water and corresponding groundwater surface elevation. A summary of groundwater monitoring well data is provided in Table 1. Groundwater elevation data collected from January 2002 through July 2004 is also provided in Table 2. In general, groundwater elevations have fluctuated similarly in all of the monitoring wells. Monitoring data indicates that groundwater elevations across the site have typically decreased through the winter months, being at their lowest in January through March (Figure 2). Data also indicates that groundwater elevations on the site increase rapidly during the spring (April through June) and then remain fairly constant through summer and into the fall months (Figure 2). Table 1 Summary of Monitoring Well Data Depth to Depth to Saturated Approximate Monitoring Water(I) Bedrock Thickness Average Well (8) (ft) (ft) W.L. Elevation(2) MW-01 9.0 16.5 7.5 4934.3 MW-02 2.0 12.5 10.5 4931.6 MW-03 4.0 20.0 16.0 4929.0 MW-04 4.0 18.5 14.5 4931.5 MW-05 4.5 27.0 22.5 4934.6 MW-07 3.0 13.0 10.0 4939.1 MW-08 9.0 15.5 6.5 4937.5 MW-09 2.0 NA NA 4936.6 (I) Average depth to water from ground surface. (2) Average values calculated from data collected from January 2002 through July 2004 (3) NA=data not available 2 Twenty (20) additional piezometers were installed in May 2000 to monitor groundwater elevations in wetland areas on the site. Piezometer installation was similar to monitoring well MW-09, with the piezometers being hand dug, screened their entire length, and sealed with a collar near the surface. Similar to the monitoring wells, measuring point elevations were established on all the piezometer casings for reference during future groundwater monitoring. Groundwater elevations have been measured in the piezometers on a weekly or bi-weekly basis during the growing season (approximately May through September) for the years 2000 through 2004. Seasonal groundwater elevation data from the piezometers are consistent with elevation data collected from the drilled monitoring wells. Alluvial Aquifer Characterization The exploration borings and groundwater monitoring information were used to construct a conceptual hydrogeologic model of the site. For the purpose of characterizing the hydrogeologic conditions for the proposed site, the subsurface materials can be subdivided into three units: a sandy/clay overburden, permeable unconsolidated sand and gravel deposits, and low permeability bedrock. Bedrock is covered by alluvium throughout the property. In general, the thickness of the alluvium thins from approximately 30 feet to less than 10 feet from the northeast to the west and southwest across the site. Local fine-grained silt or gravel and cobble zones occur as lenses or discontinuous beds within the alluvium, but none of the layers appear to be laterally continuous. Therefore, the subsurface information suggests that the alluvium can conceptually be considered one aquifer. Monitoring and installation data from the wells was used to estimate alluvial aquifer characteristics such as depth to bedrock and saturated thickness (Table 1). Depth to bedrock values and average estimates of the alluvial saturated thickness are consistent with values obtained from published data for the South Platte River valley (Hurr and others, 1972 and Robson and others, 2000). Groundwater elevations, elevation fluctuations, flow direction, and gradients observed from the monitoring well data are also consistent with published data (Hurt and others, 1972 and Robson and others, 2000) and data collected from surrounding property owners. Groundwater has been observed in the monitoring wells for over two years. The water elevation data were used to construct representative water table contour maps for the site (Figure 3 through Figure 8) and estimate groundwater flow direction and gradient. Using the available data, the groundwater gradient is estimated to be approximately 0.002 to 0.003 (0.2 to 0.3 feet decline per 100 feet of horizontal distance) from southwest to northeast across the site. However, at the eastern edge of the site, near the South Platte River, groundwater gradients become less definable. Several factors likely influence the surface gradient of the alluvial aquifer across the site. The aquifer is confined on the eastern boundary by the South Platte River and the alluvium pinches out on the western edge of the property. The Brighton Ditch and irrigated agricultural land adjacent to the western edge of the property likely provide seasonal recharge to the alluvium. The saturated thickness of the alluvial aquifer varies across the site from 6.5 to 22.5 feet, averaging approximately 12 feet. For the alluvial material in the saturated thickness, published estimates of porosity for sand (and sand and gravel) deposits range from 20 to 30 percent. 3 Grain-size distributions from the alluvial samples collected during exploration drilling (Aggregate, 1999) were used to estimate the bulk hydraulic conductivity for the aquifer. The hydraulic conductivity was estimated using the Hazen Method (Fetter, 1994) and graphic relationships developed by Shepherd 1989. Shepherd (1989) used data sets to produce an idealized graph that relates hydraulic conductivity to the mean grain diameter for different sediment types. The Hazen Method is a simple calculation relating the D10 size of the soil to hydraulic conductivity. Using data available from the exploration borings, both of these methods resulted in similar estimates of hydraulic conductivity. Results estimate that the bulk hydraulic conductivity for the alluvium is between 100 and 400 feet/day. In addition, Wilson (1965) and Hun- and others (1972) reported bulk hydraulic conductivity values between 350 and 650 feet/day from pump test data collected along the South Platte River near the site. From the collected data and reported values, it is assumed that the bulk hydraulic conductivity for the alluvial aquifer is approximately 400 feet/day. This value is within the range of reported hydraulic conductivity values for unconsolidated clean to silty sands presented in Freeze and Cherry (1979). Ground water velocities across the site will likely vary with localized changes in hydraulic conductivity, hydraulic gradient, and porosity. However, ground water average linear velocities across the site are estimated to be 4.0 feet/day. This estimate was based upon the previously discussed hydraulic conductivity value (400 feet/day), water table gradient (0.0025 feet/feet), and an average porosity of 25 percent. Proposed Mining and Reclamation Affects The alluvial aquifer parameters discussed in the previous section were used to evaluate the influence of mining and reclamation operations at the proposed Wattenberg Lakes site. Dewatering operations are proposed for several of the smaller mining areas where wetland mitigation areas will be created on-site (Figure 9). Slurry wall installation is anticipated for the larger mining areas where reservoirs are to be constructed (Figure 9). The perimeter for each of the smaller mining areas is approximately 3,000 feet. Dewatering would typically commence with the construction of a perimeter trench that fully penetrates the alluvium. The bottom of the trench is sloped to one or more sumps where the water is collected and pumped from the site. Although the average depth of overburden and alluvial material at the proposed site is approximately 27 feet, on average only the bottom 12 feet is saturated with alluvial ground water. Therefore, the surface area of the alluvial aquifer exposed by each trench at each mining area is 36,000 ft2. Darcy's Law approximates flow into the trenches based on the exposed surface area and the hydraulic properties of the aquifer. Using Darcy's Law, the estimated flow into the trenches from the surrounding alluvial aquifer is approximately 150 gallons per minute (gpm). Flow within the trenches will be slightly greater during the initial dewatering. The added flow will be from ground water inside the mining areas draining into the trenches and drying the alluvial material to be mined. In order to estimate the pit dewatering affects, the Theis assumptions were extended to the alluvial aquifer at the proposed Wattenberg Lakes site. The mathematical approaches developed 4 with the use of these assumptions can approximate the response of the alluvial aquifer near the smaller mining areas. Among other aspects, the saturated alluvium at the site is fairly consistent in material and thickness, the hydraulic gradient is low, and the specific yield is high. Additional simplifying assumptions were made in estimating the pit dewatering affects. Although the South Platte River will likely reduce dewatering affects near the eastern boundary of the site, the influence of the river was neglected for the estimate.. Surface recharge was also neglected since values would fluctuate considerably throughout the year. For instance, surface recharge from irrigation would likely reduce the affects of dewatering significantly during the growing season. In addition, calculations were made assuming the entire pit area would be exposed and dewatered continuously. In reality, with phased mining and concurrent reclamation, it is anticipated that only a fraction of the total pit area will be dewatered at any one time. The reduced dewatered pit area and recharge from the rivers and irrigation, are expected to reduce the affects of dewatering. Therefore, the calculation is considered to be a worst-case estimate. The approach that was used to estimate the extent of drawdown from dewatering is referred to as "flow to a drainage trench from a line source" and is referenced in Powers (1992). Results were checked with additional approaches as presented in Freeze and Cherry (1979). Results indicate that drawdown from pit dewatering will reduce the saturated alluvium by 10 percent approximately 2,000 feet from each of the smaller mining areas. The saturated thickness of the alluvial aquifer during dewatering is illustrated in Figure 10. Wattenberg Lakes Drawdown 15 vs d ▪ d LL 10 cnIi coin E 3 C Y $ 7 L Q ~ 0 , 0 1,000 2,000 3,000 4,000 5,000 Distance from Pit (feet) Figure 10. Dewatering Drawdown from Smaller Mining Areas Affects of the slurry wall installation are more difficult to predict then the estimated affects of pit dewatering. The slurry walls will be constructed to completely enclose the proposed reservoirs and isolate the reservoirs from the surrounding groundwater in the valley alluvium. The slurry walls will create a no flow horizontal barrier within the saturated alluvium. 5 The slurry walls will affect local groundwater flow patterns, including flow direction, gradients, and velocity. It is anticipated that, near the constructed slurry walls, mounding of groundwater will occur in the up gradient areas directly to the south and southwest of the reservoirs. Down gradient of the reservoirs, a groundwater depression, or shadowing affect, will likely develop. The up gradient groundwater mounding and down gradient shadowing is expected to be greatest immediately adjacent to the slurry walls, with the affects decreasing further from the constructed reservoirs. On the eastern edge of the site, near the South Platte River, hydrologic connection to the river will likely minimize mounding and shadowing affects. Groundwater elevation data will continue to be collected from the monitoring wells drilled along the site boundary. Collected data will provide information on the affects of the mining operations and reclamation activities, specifically mine dewatering and slurry wall construction. Data from the monitoring wells can be used to evaluate drawdown affects from pit dewatering and mounding and shadowing affects of constructed slurry walls. Observed changes in groundwater elevations, flow directions, and gradients can be used, if necessary, to plan and design potential mitigation measures for groundwater flow. References Aggregate Industries - WCR, Inc. 1999. Lithologic logs from property exploration. Proposed Wattenberg Lakes property, Weld County, Colorado. Fetter, C.W. 1994. Applied Hydrogeology. 3`d Edition. Freeze, Allen R. and Cherry, John A. 1979. Groundwater. Prentice Hall. Hun, Theodore R., Paul A. Schneider, Jr. and others. 1972. Hydrogeologic Characteristics of the Valley-Fill Aquifers in the Brighton Reach of the South Platte River Valley, Colorado. U.S.G.S. Open-File Report. Northern Colorado Geotech. 2002. Lithologic logs from groundwater monitoring well installation. Proposed Wattenberg Lakes property, Weld County, Colorado. Powers, J. Patrick. 1992. Construction Dewatering, New Methods and Applications. John Wiley and Sons,New York, N.Y. 2°d Edition. Robson, S.G., J.S. Heiny, and L.R. Arnold. 2000. Geohydrology of the Shallow Aquifers in the Fort Lupton-Gilcrest Area, Colorado. U.S.G.S. Hydrogeologic Investigations Atlas. Shepherd, R.G. 1989. Correlations of Permeability and Grain Size. Ground Water 27, no. 5. Ground Water Publishing Publishing Co. Wilson, Woodrow W. 1965. Pumping Tests in Colorado. Colorado Ground Water Circular No. 11, Colorado Water Conservation Board. 6 ) ) ,r - Table 2 . Wattenberg Groundwater Monitoring Data MW-Ot MW-02 MW-03 _ MW-04 MW-05 MW-07 MW-08 MW-09 Depth to GW Depth to GW Depth to GW Depth to GW Depth to GW Depth to GW Depth to GW Depth to GW Date Water Elev. Water Elev. Water Elev. Water Elev. Water Elev. Water Elev. Water Elev. Water Elev. (ft) (ft) (ft) (ft) (ft) (ft) (ft) (ft) (ft) (ft) (ft) (ft) (ft) (D) (ft) (ft) - 01/24/02 11.1 4934.5 4.7 _ 4931.7 _ 6.8 4929.3 _ 7.3 4932.0 7.9 4934.7 4.7 4939.2 12.0 4937.6 NA NA 02/05/02 12.5 4933.1 5.0 4931.4 _ 7,0 4929.1 8.0 4931.3 8.0 4934.6 5.0 4938.9 12.5 4937.1 NA NA 03/14/02 13.0 4932.6 5.0 4931.4 7.0 4929.! 7.5 4931.8 8.0 , 4934.6 5.5 4938.4 13.5 4936.1 NA NA 04/08/02 13.0 4932.6 5.0 4931.4 7.5 4928.6 8.0 4931.3 8.0 4934,6 5.5 4938.4 13.0 4936.6 4.0 4936.2 05/04/02 12.0 4933.6 4.5 4931.9 7.0 4929.1 7.5 4931.8 7.0 4935,6 5.0 4938.9 12.5 4937.1 3.5 4936.7 06/05/02 10.5 4935.1 4.0 4932.4 6.5 4929.6 7.5 4931.8 7.5 _. 4935.1 5.0 4938.9 11.5 4938.1 3.0 4937.2 07/03/02 9.5 4936.1 4.0 4932.4 6.5 4929.6 7.5 4931.8 7,5 4935.1 4.5 4939.4 11.0 4938.6 3.0 4937.2 08/02/02 9,5 4936.1 4.5 4931.9 7.0 4929.1 7.5 4931.8 7.5 4935.1 4.5 4939.4 10.5 4939.1 3.0 4937.2 09/10/02 6.0 4939.6 3.5 4932.9 6.5 4929.6 7.5 4931.8 7.5 4935.1 4.5 4939.4 11.5 4938.1 3.0 4937.2 10/03/02 8.5 4937.1 3.0 4933.4 6.0 4930.1 7.0 4932.3 7.0 4935.6 4.0 4939.9 10.0 4939.6 2.5 4937.7 11/05/02 9.5 4936.1 3.0 4933.4 6.0 4930.1 _ 7.5 4931_8 7.5 4935.1 4.0 4939.9 10.5 4939.1 2.5 4937.7 12/06/02 10.5 , 4935.1 4.0 4932.4 6.5 4929.6 _ 7.5 4931.8 7.5 4935.1 4.5 4939.4 11.5 4938.1 3.0 4937.2 01/03/03 11.5 4934.1 4.5 4931,9 6.5 _ 4929.6 (4) _ (4) 8.0 4934.6 5.0 4938.9 12.5 4937.1 3.5 4936.7 02/03/03 12.0 4933.6 5.0 4931.4 7.0 4929.1 _ (4) (4) 8.0 - 4934.6 - 5.5 _ 4938.4 13.0 4936.6 4.0 4936.2 03/04/03 13.0 4932.6 5.5 _ 4930.9 7.0 _ 4929.1 (4) (4) 8.5 4934.1 6.0 4937.9 13.5 4936.1 4.5 4935.7 04/02/03 12.0 4933.6 4.0 4932.4 6.5 4929.6 _ 7,5 _ 4931.8 7.5 4935.1 4.5 4939.4 11.5 4938.1 3.0 4937.2 5/6//03 11,0 4934.6 4.0 4932.4 7.0 4929.1 _ 7.0 _ 4932.3 7.5 4935.1 4.0 4939.9 11.0 4938.6 2.5 4937.7 06/04/03 11.0 4934.6 4,0 4932.4 7.0 4929.1 5.5 4933.8 6.5 4936.1 4.0 4939.9 11.5 4938.1 2.5 4937.7 07/09/03 11.0 4934.6 4.5 4931.9 7.0 . 4929.1 7.0 _ 4932.3 7.0 4935.6 3.5 4940.4 11.0 4938.6 (5) (5) 08/01/03 11.0 4934.6 5.0 4931.4 8.0 4928.1 7.5 4931.8 7.5 - 4935.1 4.5 4939.4 12.0 4937.6 (5) (5) 09/11/03 10.5 4935.1 _ 4.5 4931.9 7.0 4929.1 _ 7.5 _ 4931.8 7.5 4935.1 4,5 - 4939.4 12.0 4937.6 3.0 4936.6 10/06/03 11.0 4934.6 5,0 4931.4 7.0 4929.1 _ 8.0 4931.3 7.5 4935,1 - 4.5 4939.4 12.0 4937.6 3.0 4936.6 11/05/03 NA NA NA NA NA NA 8,0 _ 4931.3 8.5 4934.1 NA NA , NA NA 3.5 4936.1 12/26/03 12.5 4933.1 5.5 4930.9 7.5 4928.6 9.5 4929.8 9.0 4933.6 5.5 4938.4 13.0 4936.6 3.0 4936.6 _ _ 01/22/04 13.0 4932.6 5.5 4930.9 8.0 4928.1 11,0 _ 4928.3 10.0 _. 4932.6 4,0 4939.9 13.0 4936.6 3.5 4936.1 02/12/04 13.0 4932.6 6.2 4930.2 8.2 4927.9 10.9 4928.4 10.5 4932.1 6.1 4937.8 13.2 4936.4 4.7 4934.9 _ 03/10/04 13.2 4932.4 6.5 4929.9 8.0 4928.1 , 8.1 4931,2 10.1 4932.5 6.2 4937.7 134 4936.2 4.8 4934.8 04/05/04 13.0 4932.6 6.5 4930.0 7.8 4928.3 8.0 _ 4931.4 9.4 4933.2 5.2 4938.7 12.7 4936.9 _ 4.6 4935.0 05/05/04 12.7 4933.0 5.8 4930.6 _ 7.3 4928.8 _ 7.8 4931.5 8.1 4934.5 4.9 4939.0 12.1 4937.5 4.0 4935.6 06/08/04 12.0 4933.6 5.5 4930.9 7.5 4928.6 7.5 4931.8 7.l 4935.5 4.4 4939.5 11.9 4937.7 3.6 4936.1 _ 07/09/04 11.6 4934.0 5.0 4931,4 7.0 4929.1 7.3 4932.0 7.2 4935.4 4.3 4939.6 12.0 4937.6 3.4 4936.2 (I) Groundwater data not available (2) Well Installation Dates: MW-01,MW-03,and MW-07 installed January 22,2002 MW-02,M W-04,and MW-06 installed January 23,2002 M W-05 and MW-08 installed on January 24,2002 MW-09 installed on March 13,2002 (3) During the June 2003 monitoring event,MW-02,M W-03,and MW-09 were monitored on June 5,2003 (4) No groundwater data available-well obstructed (5) No groundwater data available-well damaged (6) MW-09 reinstalled September 1 I,2003 LOG OF BORING No. 1 Sheet 1 of 1 CLIENT ARCHITECT/ENGINEER Aggregate Industries Applegate Group SITE WCR's 4 1/2 and 23 PROJECT Wattenberg, Colorado Groundwater Monitoring Wells SAMPLES TESTS CO j CltH sa w zR a • Q I^ IN Z> w to Z w aC, m m� w ≥cOi a w d-J f- ?yQ m w [L'lll y O c 3 a n z Z 2oar0.5 6 TOPSOIL _SILTY SAND WITH GRAVELBrownto tan,moist - - 5 — SANDY LEAN CLAY 5.5 Brown,moist 5- WELL GRADED SAND WITH GRAVEL --••••:: - AND COBBLES Tan, moist to wet d: o:©: - --kl- : - _;:-'1 .-.E.-. 10— 12 - - ;:...F4: - - :Q' : - :V:_ 15 _ : 16.5 •n • — 17.0 WEATHERED � t:'� ' - SANDSTONE1SILTSTONE / — Gray to gold,moist BOTTOM OF BORING ^"1 WATER LEVEL OBSERVATIONS Northern STARTED 122/02 FINISHED 122/02 4/S0S4 . WL SZ 11.1 TOC Colorado - Geotech DRILLco. Drilling Eng DRILL RIG CME-55 a 2956 29th Street,Unit 21 Greeley,Colorado 80631 o Measured 1-24-O2 Phone: 970-50S-9244 FIGURE 1 O- Fax: 970-506-9242 ) ) ) Figure 2 Wattenberg Groundwater Monitoring Data 4942 - 2002 2003 2004 \ 4940 — MW-07 , 4938 l�� - _ MW-08 N R 4936 MW-09 — — — 0 MW-OS > (11 to 4934 — MW-01 — i y I \, 0 4932 f " MW-04 — o ■ MW-02 4930 r.'�-,k .A MW-03 J 4928 - — _ ,-_ " 4926 , 1/02 4/02 7/02 10/02 1/03 4/03 7/03 10/03 1/04 4/04 7/04 Date (month/year) ) ) ) I ate.. qti I 4 a O in i = :tail c 41 Alig �■1 : 49zeMW3 \ lei tj e1"t3o—.......__t__• \\LL�a�� II o \\ m TO siCtriar9ere• / !Q 3 r- ¢0 f . mp u \ V, 0 3 I gitgZ 4 MW1\ .., W\\-Y .�i y`[4 � 36 3� 49346 \\ m iar' C ' /O s: O 1 \ ,was noun \\\ 1 \''.4 .. Ft 1 !I V J \ . N\ ------jr-- \ d,. 493-® ,' :..\ o W \ \ \� , AO I A\ Ck \ a�a .c. ` ,� taJq. • , r °1o �arw 1 �.0 TOT TT 493)6 MW-!. MW-5 t i�`�k / /I ya wws r.«in•� \ MW.B • .r.. c \ � 1 \\ a/ S r.cwn r' �.6. N. ww FaTr •• �t0 t N ®MW-79 2 N\ ' 000"a N.-••,.. LEGEND \ 49363 \ ..� \ MW-6 \\ ElevetlonCar Monitor Well Interpreted � ��! \\ ®MW-1 Groundwater Monitor Well \ \� 4934.6 with January 2002'donation ra rL eta ni I oc � 8 ) f1 � � I ; a � �• 'u. � avl10 lc, \ e �\ �\ P-� ^ r ic,`i ■7 Ira as>BMW�3 I �ems / /k I ggg 9 to innoitzoo 7. I it 6� -. ® 'I r \ 4931 8 ;G J Mdy,Z 46 t\\ \ avws r�ry \�J?� I }Up u ; Oil � �. a + \ �� M W_4 WWli \ `]}� F \ , 4X 61 S \_ e.,0,,./.r n >� \ \ *11"s"4" Ci � /1 i L t \ =W�e — �L1 I 0„/“$now, bsas.t MW9 \ 111 I_ I •a 1117 a®Mw•e \ 4 9a>.x® \�\ M / E a \ avw3 FOCOIY .` p•••• 4/416. \ It- 32caS w r.cuT®M vLEGEND b939as4 1 \\ \ Interpreted Groundwater ✓ \ .� Elevation Contour F9 _... EB MW-1 Groundwaterit Aug 0 torelevation atill \ 4s36.1 with August 2002 Jrv•tlon \va,N w 34 sumo v ) ) ) In i„ I � ! WAS \ � a'tl _7 8 /BMW-9: _____________.+7 tr LL "R,, _/aszs t 1_:i -1...._ ^To WAITCH0CK Mein Rao. 240 KID / JCL r ' a s { 20 2,.4-24 ( m¢¢u u 7r. az ®6930 9 Z ; MW- MW 2 ((, /h a° 493].6 `\ anus r.�cxm 1 I I O l N - \\ I , 9) MW-4 ' f liJ o No GW Data 00 N CC 9 1\ �� \ hti utli if. \\ tl 3 r/ tl a.iw.r a,.. 2., \ l 8 \ e A 1 T \ a 'VGA'nc o s oausIwtir� M .,tom M9W-9® 141W-5.� i \i jE e rill' a �� av<..FKun ). 9 a„v , ate = r ,MW-7 .,,\��,,. n LEGEND 493)9 I Intvprobd Groundwater 1�� EIw�Oon t �( w ®MW-1 Graundwch aooa two:wail =� x* \ 49320 wlthmoch3003.1Irv.dnn m .0 a .m m we M w •N ) ) ) 4 !1 " CD Ih p y dl t\,�\ _ ' aerA In j} I . Vi I 41 c d CI < l77 A' P R BMW-3 �! fy;1 a Jae e i \ ' ) a \ T.wAnzNagso \ 075 as ¢I U M W1 C a d g 4935 at roan \ -48,32,... ^ l !Qa .V.5;Aa.n fT'\\ \ \�.. I` y 7 / v MW 4 E w \ W v o I \ \. � u OIL/CAS a a 1 \\w rum W 2W m/w �� V— ....... �.t ` 1 a./w rw. ,MW-8 MeW 5® ��BJ@\� MW-5 I 4,;hi- �� 1- �' ... �. ®4835 1 '3 w. N. -- ..4— ....."--......�� . ._ \\ C avw cram ��e� �� /a4as r.curv ( 4 ». _ } u.N Vas"air' ®Mwa LEGEND 1939 0 ��,� Inbrpnbtl Uround .br ��, tp ElwNbn Cal: \I, ®MW-1 aroundw.nr Monitor Well J \v A9J5.1 with 5•pdmb.r 2003 Mw.Nen �. �n verve c r8 ern rY ) ) ) 4� 1 � /i N , wAi t/\� - - j CC_ � & -: im JJ 49z6MW-3 �� \ ��J E3l+➢- Lt/ck, u * iC aa wane..IC MO ryDb. I\ ss w.m \ E i i 0! 3 yae 9 —•--4930 ,,., _" � ._- 4z b c MW-1 I //� Q W g 4932 4 aUms ° I I 3 \\ u,�ryT \ \\\ e( I) !!!!!!y 1iI\# V u l i A \\ ' I I, 3 ^ ors..d,n'�` \ \ -- 41 6 41 t \\ \� k 1 r'' � _ r z l \ .e ow.149 .am. d \ C�1�� ' AV /C-----..\_ e I �\ 4400e� ------V uaa wrzx It It' N gg wrs-a4 ' 6R MW-9 N19�. MW-5 "�. 1 Myt-. 49346® �. ®49326' 1 /� 1_ p \ \ --, Q G a I � ,y,� 494 2_ 4 \ . Ol/GA5 .MW-7 LEGEND 4937] -� Interpreted Groundwater /�\ Elevation Contour \ w ®MW-I Groundwater Mooney Well 4931.4 with March 2004 elevation no .a o m w ,00 wine ,v \vcx 4 14 ) ) ) __,I I 1 1 .r O0 = W .� w/ y co1ppy 1/\ cc•.. - - ... all, it a 04 u Jt 3 '''kI a9zsMW 3 ,� ilaLl i�9i1 noauc Phi Li _n, ..m.rl \ ®49314 _. /7 32g MW2 J S 4 i -'��. MW-0 44..,E o x' I v �� 4eu t�,. F � .V 33 AP S)/ J 11 L I 4vw 23, 49329 MW-9 '!� A BMW-9 49384® +eJG__•_ M®48361tI \ G NN. 1)~ 1 I, vv c // iffe g N. o4w rKun t 9�. avcu r.Cun ®MW7 LEGEND 4939 6 Interpreted Groundwater Elevation C NJ -_ r - - . ®MW1 Groundwater Monitor Well \ \ 4934.0 with July 2004 elevation vcx vy vw au , ) ? ) q 07 p i W w waw,�. o_ .a�.. .a 6 RBI 1 ..,�� 'AO db, W S Aj SY E , i f ≥ ^^ F ..�. i.'°. ...C3 GOT ! . _ 1 '' IL ¢ Eki i..m' r 1/ wa \. 1 "�, �, ' gym i _ °, i 1 rr a -.erg- .m.00, — — -- a WA 4�„gy fees - • tee ••••-„..„.....," f' I� — N F _�1 X n ,� I 'I' J TYPICAL RESERVOIR RECLAMATION FACE AND SLURRY WALL YJ ;op:: P]CB[ . I iW/ 0:! r I . �:.. ro a 11 `e NA •r ,�// RESERVOIR I I 41 w. w g RESERVOIR 1/ ��e .J•jf n............i I it / WEST r......+noon.. noon 3 M I I.....a...... P • y I P ;] V 1� • L:. DST 1 1 1 • • .Y' Y1 tL 1 a M Woe eV V tile' \/✓"'l • u PROPOSED HUETT DITCH-TYPICAL SECTION E A �'yn• � WETLAND SEEDING/PLANTING LIST W /s�/� • a Y'1 y, mow, TO&nen.nt. 5 end Wee snob Wlm w emell 1q .jl fir WETWAN ,^' WF,, „ I _;—,'.'" anew s...rn.r. •• W j 'MITIGATION G }s AREA • ♦�T }' / j MITIGATION/ ..".w. e..:,w:xM"'w".. �_ •.^'.nuns ••.eM+ r AI / 1 1 RIPARIAN R w v"1 •'r a e � . /7 ° AREA. I T NOTES M..w b. .e.M Mow w i 1• a • ��L �Fv��.� nTaQ.'e'�he.� ▪w..nor• m�~ 1 • 'WETLAND a / r-2....„2_„....s"'Y/ I ZIA,.uv• 1 ..JSSn m y ' rMITIGATION �.. ..w, F ...."41."" AREA w+F.. . a / a I : noon„woe. w b"�N.. `sh Ib' e / . I.t:' LEGEND; •auw iv' '� .� a ., / j UPLAND SEEDING/PLANTING LIST ___ `u.new. ' u z a RESERVOIR w,.,w.a,noon. o.� l •`t• • I ,' w..•OIR I- v ..0,.... .. ..« V o e.Cxm.u�a/� .'""//1 ._ s• III ...VIZ........ NOTES .• e,. _ e. a wow move rt ."Far w.w.noon • .. .LA...•a oz wain m." n \_,,,,,,„ �..ne .w,...............,. • noon•n" ,,,, w .o..i,tau E Twn own Er, NOTES; a5 m"'m-s-s"�'�"aomo:.Cs.s.,.. ow �e noon owns,.1wlla'fitaaal wow na•r. .I on. WO 3. �M 3 a .M 03 i.m ,. 1a STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY �pepartment of Natural Resources t1- r 7 j;) {n 1313 Sherman St.,Room 215 COLORADO Denver,Colorado 80203 °1CT E; 5 2004 DIVISION OF Phone:(303)866-3567 MINERALS FAX:(303)832-8106 �- — •�� GEOLOGY �•--��, -_�� RECLAMATION•MINING SAFf TY•SCIENCE October 21, 2004 Bill Owens Governor Mr. William Schenderlein Russell George Applegate Group, Inc. Executive Dire or 1499 W. 120th Avenue, Suite 200 Ronald W.Cattany Division Director Denver, CO 80234 Natural Resource Trustee RE: Aggregate Industries-WCR, Inc. Permit Application, Wattenberg Lakes, 112c Application No. M-2004-051, Additional Adequacy Review Comments/Clarifications Dear Mr. Schenderlein: The Division of Minerals and Geology(DMG)has received your October 19, 2004 responses to the DMG's October 1, 2004 adequacy review of the Wattenberg Lakes 112 Reclamation Permit application. and would like to have a few items addressed in more detail.. The Division is required to make a recommendation to the Mined Land Reclamation Board (MLRB) no later than October 27, 2004, therefore, your response to the following items should be received by the Division by noon on October 25, 2004, in order to give the Division some time to review the responses. The Division's questions all relate to 3. Exhibit G- Water Information The applicant's October 19, 2004 response states that" If, during dewatering, or after installation of the slurry wall, the relative groundwater elevation between two or more of the wells differs from the seasonal baseline conditions by more than two (2) feet, the Division will be notified. The Division would like a clarification of the wording, if any one well differs from the seasonal baseline conditions by more than two (2) feet the Division should be notified. Also please describe how the"seasonal baseline condition"will be measured to determine if the two foot difference has occurred . Finally, although the applicant states that the Division will be notified, no notification time frame is proposed. The Division requests that they be notified within five (5) working days of the time that the two foot difference is observed. Pleased be advised that the Aggregate Industries-WCR, Inc. 112c Application may be deemed inadequate, and the application may be recommended for denial on October 27, 2004 unless the above mentioned adequacy review items are addressed to the satisfaction of the Division. If you feel that more time is needed to complete your reply, the Division can grant an extension to the decision date. This would be done upon receipt of a written waiver of your right to a recommendation to the Board by the October 27, 2004 deadline, and a request for additional time. This must be received no later than October 27, 2004. Office of Office of Colorado Mined Land Reclamation Active and Inactive Mines Geological Survey Letter to Mr. William Schenderlein 2 October 21, 2004 If you have any questions,please do not hesitate to call. My direct telephone number is (303) 866- 4062. Sincerely, Gtegg RU ire Environmental Protection Specialist cc: Damian Murphy, Aggregate Industries-WCR, Inc. Andrea L. Benson, Alperstein& Covell, P.C. Peter L. Baurer, Stillwater Lake Ranch, LLC Tyson Powell, AGO Steve Brown, AGO Carl Mount, DMG (via electronic transmission) ria. Applegate Group, October 22, 2004 Division of Minerals and Geology Department of Natural Resources Attn: Mr. Gregg Squire 1313 Sherman Street, Room 215 Denver, Colorado 80203 RE: Response to Adequacy Review Comments, 112 Construction Materials Application, Aggregate Industries—WCR, Inc., Wattenberg Lakes, M-2004-051 Dear Mr. Squire: The following discussion and attachments are submitted on behalf of our client in response to the adequacy review comments received for the proposed Wattenberg Lakes project. The Colorado Division of Minerals and Geology submitted clarification comments to the applicant on October 21, 2004. The information and discussion below addresses each comment as it was presented by the Division. 3. Exhibit G —Water Information As stated previously, to evaluate dewatering and slurry wall affects, the applicant commits to continue the monitoring of alluvial groundwater wells on-site. The wells will be monitored on a monthly basis and results of the monitoring effort will be submitted to the Division along with other annual reporting requirements. Collected baseline data (data collected prior to mining below the groundwater table or installation of the slurry walls) will provide a range of relative water levels associated with pre-mining groundwater conditions. Typically, alluvial groundwater elevations along the South Platte River near the site tend to fluctuate between two and four feet each year, being highest in the summer and lowest in the winter and early spring. With the baseline information established, monitoring data collected during mining and reclamation activities will be used to identify potential groundwater affects during dewatering and installation of the slurry walls. Monitoring data collected during the mining and reclamation activities will be evaluated and compared to the established baseline data. If the groundwater elevation in a well increases or decreases by two (2) or more feet from the seasonal range, and the measured elevation is not consistent with groundwater elevation trends at the other wells on- site, the Division will be notified within seven (7) days. After the Division has been notified, the applicant will review data from all the monitoring wells and submit a report to the Division within 30 days. Changes in measured groundwater elevations 1495 Wes' Suhe 200 .- Den e e sdo S7234 275.9 „ _ Mr. Gregg Squire RE:Wattenberg Lakes Adequacy Review Comments October 12,2004 Paget of will be evaluated based on natural groundwater fluctuations and changes in non-project related local conditions including precipitation, river flows, and land use. The report will present results of the evaluation and identify any potential impacts associated with the change. Mitigation of potential impacts caused by changing groundwater elevations will be addressed based upon the specific location and nature of the impact. If, due to dewatering, installation of the slurry wall, or other mining or reclamation activities, changes in groundwater elevation may create adverse impacts to adjacent properties, the adjacent property owners will be notified and the impacts will be addressed to the satisfaction of the Division. If you have any questions regarding these responses, please do not hesitate to call me at (303) 452-6611. Sincerely, Applegate Group,Inc/ / / William Schenderlein,P.E. Project Engineer cc: AG File#00-107 Weld County Clerk to the Board Connie Davis, Aggregate Industries—WCR, Inc. List of Objectors and Other Interested Parties STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY "Department of Natural Resources ,313 Sherman St.,Room 215 COLORADO Denver,Colorado 80203 DEC DIVISION OF Phone:(303)866-3567 2004 - MINERALS FAX:(303)8328106 - 6c GEOLOGY ? -.._ i RECLAMATION•MINING - 1 SAFETY•SCIENCE December 17,2004 Bill Owens Governor Mr.Damian Murphy Russell George Aggregate Industries-WCR,Inc. Executive Director 1707 Cole Blvd,Ste. 100 Ronald W.Cattany Golden,CO 80401 Division Director Natural Resource Trustee Re: File No. M-2004-051, Wattenberg Lakes, 112c Decision Letter - Conditions, Financial and Performance Warranty Request-Construction Material Operation Dear Mr.Murphy: On December 6, 2004, the Division of Minerals and Geology approved your 112c mining permit application. The conditions to the approval are noted below: Stipulation No. Description 1. The Applicant is or will be responsible for demonstrating to the Division's satisfaction that its operations have not caused the 2-foot elevation drop trigger identified in its October 19,2004 response to the Division. 2. The Applicant shall notify adjoining landowners, including Peter L. Balzer and Carl C. Eiberger, of any technical revisions it may submit to the Division. The amount of financial warranty set by the Division for this operation is $520,000.00. You must submit a financial warranty in this amount and a performance warranty in order for us to issue a permit. In the event you have requested a financial warranty form,we have enclosed it in this letter. If you have not,please select a type of financial warranty from Rule 43. Then contact us so that we can provide you with the appropriate warranty form. We have enclosed a performance warranty form with this letter for your use. PLEASE NOTE THAT MINING OPERATIONS MAY NOT COMMENCE UNTIL A PERMIT HAS BEEN ISSUED BY THE DIVISION AFTER RECEIPT OF YOUR FINANCIAL WARRANTY AND PERFORMANCE WARRANTY. A PERMIT WILL NOT BE ISSUED UNTIL WE VERIFY IRE ADEQUACY OF BOTH YOUR FINANCIAL WARRANTY AND PERFORMANCE WARRANTY. If you have any questions,please contact me at(303)866-4062. Sincerely, Gregg R. ire Environmental Protection Specialist enclosure cc: Bill Schenderlein,Applegate Group,Inc. Barbara Chiappone,DMG Office of Office of Colorado Mined Land Reclamation Active and Inactive Mines Geological Survey PERFORMANCE WARRANTY Permittee: Aggregate Industries-WCR,Inc. Operation: Wattenberg Lakes Permit No: M-2004-051 This form has been approved by the Mined Land Reclamation Board pursuant to sections 34-32-117, C.R.S., of the Mined Land Reclamation Act and 34-32.5-117, C.R.S.,of the Colorado Land Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form, without approval by the Board shall result in the financial warranty being invalid and result in the voiding of any permit issued in ^ conjunction with such invalid financial warranty and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to sections 34-32-123, C.R.S., of the Mined Land Reclamation Act and 34-32.5-123, C.R.S., of the Colorado Land Reclamation Act for the Extraction of Construction Materials. KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, C.R.S. 34-32-101 et seq. (the "Act"), as amended, and the Colorado Land Reclamation Act for the Extraction of Construction Materials, C.R.S. 34-32.5-101 et seq.(the"Act"),as amended,provides that no permit maybe issued under the Act until the Mined Land Reclamation Board(the"Board")receives a performance warranty(or warranties)that is a written promise to comply with all applicable requirements of the Act. WHEREAS, Aggregate Industries-WCR, Inc. (the "Permittee"), has applied for a permit to conduct a mining operation known as Wallenberg Lakes (the "Operation") on certain lands in Weld County, Colorado. These lands are described in the permit application,as amended and supplemented,and are referred to herein as the "Affected Lands". WHEREAS,in its application for the permit,the Permittee has agreed to be bound by all requirements of the Act and all applicable rules and regulations of the Board, as amended from time to time. WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs of reclamation with regard to those affected lands in Weld County which are now or may become subject to the permit are those amounts for the stated periods of time as set forth in the financial warranty, which may be amended from time to time to reflect revised estimates of said costs of reclamation. _2 - • WHEREAS, the Permittee hereby gives the Board a performance warranty pursuant to Section 34-32-117(2) or Section 34-32.5-117(2) of the Act, and herein promises the Board that it will comply with all applicable requirements of the Act with regard to those Affected Lands. NOW, THEREFORE, the Permittee hereby promises the Board that it will comply with all applicable requirements of the Act and rules and regulations of the Board with respect to the Affected Lands. FURTHER, the Permittee hereby promises the Board that it will comply with all of the terms of the application for a permit, as amended and supplemented,as well as any conditions attached to the permit by the Board. FURTHER,the Permittee promises the Board,pursuant to 34-32-112(2)(d)or 34-32.5-112(1)(c)(iv)of the Act,that it has the lawful authority to enter upon the Affected Lands to conduct mining operations,including, but not limited to,reclamation. The Permittee further recognizes the right of the Board to enter to reclaim lands affected by the operation. The description of lands herein is for convenience of reference only,and no error in such description,nor any revision of the permitted mining area,nor the disturbance by the Warrantor of lands outside of the permitted mining area shall alter or diminish the Permittee's obligation hereunder,which shall extend to the reclamation of all such lands disturbed. The obligation of the Permittee hereunder is such that,if the Permittee shall successfully comply with the requirements of the Act,applicable rules and regulations,and the permit,then the Board,upon a finding that the Permittee has so complied, shall release this performance warranty, and the Permittee from its obligation hereunder,to the extent that the Board determines that such compliance has been accomplished. The obligation of the Permittee hereunder shall continue until released in whole or in part by the Board in accordance with applicable law. In further satisfaction of the requirements of the Act,the Permittee promises to be responsible for the cost of reclamation up to the amount established by the Board and has attached hereto its financial warranty,which may be amended from time to time. The Permittee agrees that it will maintain a financial warranty (or warranties)for the estimated costs of reclamation in good standing for the entire life of the permit. Please note that under the provisions of the Colorado Mined Land Reclamation Act and the Colorado Land Reclamation Act for the Extraction of Construction Materials, any Applicant or Permittee that submits proof, acceptable to the Board or Division of Minerals and Geology, that an Applicant or Permittee is a unit of County or Municipal government, or is a department or division of State government, the Applicant or Permittee is not required to submit or post any other instrument of financial responsibility but hereby promises to be responsible for the cost of reclamation up to the amount specified by the Board. If the Board determines that the Permittee is in default under this performance warranty and has failed to cure such default, although written notice of such default and ample time to cure such default have been given, the Permittee's financial warranty shall be subject to forfeiture. This performance warranty may be executed in multiple copies, each of which shall be treated as an original, but together they constitute only one agreement, the validity and interpretation of which shall be governed by the laws of the State of Colorado. - 3 - The provisions hereof shall bind and inure to the benefit of the parties hereto and their successors and assigns. SIGNED, SEALED AND DATED this day of Aggregate Industries-WCR,Inc. (SEAL) Permittee By: Title: NOTARIZATION OF PERMITTEE'S ACKNOWLEDGEMENT STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of by as of NOTARY PUBLIC My Commission expires: APPROVED: State of Colorado Mined Land Reclamation Board Division of Minerals and Geology By: Date: Division Director Hello