HomeMy WebLinkAbout20032856.tiff Weld County Hann
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CREEL nrF,g Denartment
AUG 2 2003
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9075 WCR 10*Fort Lupton,CO 80621
303-857-1754
FAX:303-857-2933
July 28, 2003
Attn: Chris Gathman
Weld County Planning Department
1555 North 17th Avenue
Greeley, Co 80631
RE: Lateral Ditch
Dear Chris,
As owner of the property adjacent to the proposed gravel mining area and user of
the lateral ditch located within the area, we understand that there is not an impact
to our lateral ditch. This is based on the preview of the plans and in fact the
lateral ditch has been repaired and is better now.
Respectfully,
r
IXHIRIT
S
Gs;'139V
2003-2856
K. P. KAUFFMAN COMPANY. INC.
WORLD TRADE CENTER
ea'', 1675 BROADWAY, 28TH FLOOR
DENVER, COLORADO 80202-4628
TELEPHONE (303) 825-4822
FACSIMILE(303) 825-4825
WWw.kpk.com
VIA FACSIMILE: 970-352-0242
HARD COPY TO FOLLOW VIA
UNITED STATES MAIL
September 18, 2003
Board of County Commissioners
of Weld County
915 10th Street -.
First Floor _0 -
Greeley, Colorado 80632 n7 ,
RE: Notice of Zoning
Northern Colorado Constructors, Inc.
E/2 SE/4 Section 24 Township 2 North —Range 67 West, 6th-,PM
DOCKET NUMBER: #2003-68 1
Weld County, State of Colorado
Dear Sir and/or Madam:
I have reviewed the Notice of Zoning that you sent to me. K. P. Kauffman
Company, Inc. (KPK) finds the proposed gravel pit in conflict with KPK's existing oil
and gas leasehold estate. KPK and Northern Colorado Constructors, Inc. have not agreed
upon certain issues of the surface estate, including but not limited to, ingress, egress,
crossing recorded easements, pipeline, flowline easements and safety around the existing
oil and gas wellheads.
KPK objects to the proposed gravel pit zoning due to surface conflicts and
request a Surface Use Agreement between both parties. Should you have any questions
please contact me at anytime. Thank you for your attention to this urgent matter.
S' erely,
. P. KAUryM ANY, INC.
.r
J n D. Lille ,
L d Manag
.r-.
EXHIBIT
RECEIVED
SEP 0 8 2003
/'` NOTICE
K.P.KAUFFAAAN row r
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, apublic
hearing will be held in the Chambers of the Board of County Commissioners of Weld County,
Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the
time specified.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five
days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting
party. In accordance with the Americans with Disabilities Act, if special accommodations are
required in order for you to participate in this hearing,please contact the Clerk to the Board's Office
at (970) 336-7215, Extension 4226, prior to the day of the hearing.
The complete case file may be examined in the office of the Clerk to the Board of County
Commissioners,Weld County Centennial Center,915 10th Street,Third Floor,Greeley, Colorado.
E-Mail messages sent to an individual Commissioner may not be included in the case file. To
ensure inclusion of your E-Mail correspondence into the case file, please send a copy to
charding@co.weld.co.us.
DOCKET NUMBER: #2003-g8
DATE: SINSISOMit 24.
TIME: 00 a.m.
APPLICANT:
Northern Colorado Constructors, Inc
do Ken Rollin
r^ 18100 Weld County Road 19
Johnstown, Colorado 80534
REQUEST: A Site Specific Development Plan and Use by Special Review Permit #1394 for a
Mineral Resource Development Facility (Dry Open Pit Mining for Sand and Gravel), in the A
(Agricultural) Zone District
LEGAL DESCRIPTION: Lots 3, 4, and 5 of Lupton Meadows Subdivision; being part of the E1/2
SE1/4 of Section 24, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado
LOCATION: North of and adjacent to Weld County Road 18; and east of and adjacent to Weld
County Road 25 (See Legal Description for precise location.)
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: September 5, 2003
PUBLISHED: September 11, 2003, in the South Weld Sun
/ aN
T -- —
Plan
ing RC ROLLIN CONSULTING Weld CountyGREELEYn 0FFICE
Partment
970-454-0404 ,JUL 1 8 2003
RECEIVED
July 17, 2003
Mr. Chris Gathman
Weld County
Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
Re: NCCI Pit #1
Dear Mr. Gathman,
I have contacted Mr. Jerry Westbrook of the Northern Colorado Water Conservancy
District regarding the Sand Hill Reservoir outlet ditch which is on the project site. He
indicated that if NCCI does not mine within 200 feet of the ditch they have no objection to
the project. He said he would send a letter stating this. This was some time ago and I have not
recieved the letter. I will continue to attempt to get a letter and forward it to you.
If further information is required please contact Ken Rollin of Rollin Consulting, 840
Eagle Drive, Eaton, CO 80615, 970-454-0404.
Respectfu y,
Rollin nsulting
K Rollin .E.
NCCI 99-517-002
g EXHIBIT
840 EAGLE DRIVE, EATON, COLORADO 80615 6
Sep-22-03 09:49A
P. 02
SURFACE USE AGREEMENT
This Surface Use Agreement("Agreement") is made as of this_ day of August, 2003,
by and between K.Y. Kauffman Company,Inc. ("KPK"), a California company authorized to
do business in Colorado and whose address is 1675 Broadway, Suite 2800, Denver, Colorado
80202-4628 and Northern Colorado Constructors, Inc., (hereinafter referred as "Surface
Owner"), with an address of 9075 Weld County Road 19, Fort Lupton, Colorado 80621.
A. Surface Owner is the surface owner of a parcel of land located on the following
described land located in Weld County, Colorado (which will hereinafter be called the
"Property,") to wit:
Section 24,T2N.R67W of 6th P.M
1/2 , SE/4
The Property is further described on Exhibit"A" attached hereto and incorporated herein by
reference.
B. Surface Owner's right to develop the surface is subject to the rights of the oil and
gas mineral estate of which a portion is now owned by KPK;
C. Surface Owner will apply for and obtain mining permits for a sand and gravel
/"� mining and processing operation known as the NCCi Pit#1 ("Mine") in accordance with the plat
set forth in Exhibit"A";
ll. KPK has the right to explore for and produce oil and gas from the Property,
including but not limited to operate, deepen,drill,recompletc, rework,twin the already existing
Glen Horton #1 and#2 wells on the Property (Existing Wells);
E. This Agreement sets forth the parties rights and obligations regarding the
relationship between the development of the Property by Surface Owner and KPK operation and
development of its oil and gas leasehold estate.
Now, therefore, in consideration of the mutual covenants contained herein, and other
good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,
the parties agree as follows:
1. Existing Oil and Gas Operations Areas: Surface Owner shall provide KPK an area
of not less than the area described on Exhibit"A"as the"Oil and Gas Operations Area", but in
no event shall the Oil and Gas Operations Area be less than 150 feet radius surrounding the
Existing Well for any oil and gas operations to be conducted by KPK in connection with any
Existing Wells, including, but not limited to lease operating activities, workovers, well
deepenings, recompletions and fracturing. Surface Owner agrees that it will not build or install
any object or obstruction either above or below the surface within150feet of any Existing Well,
including but not limited to buildings, sand or gravel piles,extraction equipment, and pipelines.
The Oil and Gas Operations Area surface height and level existing at the time of the execution of
this Agreement shall not be changed by Surface Owner without written permission of KPK.
I
Sep-22-03 09 : 49A
P. 03
2 Future Wells. KPK shall have the right to drill Future Wells (including horizontal
and directional wells that produce from and drain or inject into the Property and land other than
the Property)at any locations within any of the Oil and Gas Operations Area shown on
Exhibit "AT KPK shall not otherwise have the right to drill Future Wells on the Property which
are not within an Oil and Gas Operations Area.
3. Ingress and Egress.
a. Surface owner shall at all times provide to KPK no less than a 30 foot
wide easement for ingress and egress to the existing Oil and Gas Operations Areas. Surface
Owner shall be solely responsible to assure that the 30 fbot width shall he maintained at all
times. KPK shall maintain access roads at its sole cost during the period of time that it conducts
operations on the Property using such ingress and egress.
h. ingress and egress to the existing Oil and Gas Operations Area as shown
on Exhibit "A"may be changed by mutual agreement of Surface Owner and KPK provided in
the case of such a change, all costs and expenses of the relocation shall be born solely by the
party requesting the change.
c. if the Surface Owner desires to mine within 150 feet of any Existing Well,
the Surface Owner shall submit a written plan to KPK for satisfactory operation of any well,
access and deployment of a workover rig and emergency vehicle to any well (Plan). In no event
shall the Surface Owner he permitted to mine within an 80 foot radius of any Existing Well. The
Plan shall provide for the mining of sand and gravel in pie shape wedges to within a 80 foot
radius of the well which after mining the affected area shall he backfilled and compacted to 90%
compaction or KPK approval of the original contours of the Property at the time of the execution
of this Agreement. No wedge shape mining shall be such that KPK cannot continue to produce
its Existing Wells and if necessary access any Existing Well with a workover rig. Whether or
not to approve such a Plan in whole or in part shall be in the sole discretion of KPK.
4. Batteries and Equipment(Production Facilities). KPK shall have the right to
locate,build, repair and maintain tanks, separators, dehydrators, compressors and other
equipment reasonably appropriate for the operation and production of the Existing Wells or
Future Well within the Oil and Gas Operations Areas,including a road way of sufficient width
and turning radius to accommodate a semi-truck to remove the crude oil. in no event shall such
area be less than 75 feet from the battery.
5. Flowlines and Pipelines.
a. KPK has the right to lay flowlines and pipelines which to the extent
possible will be located under roads for ingress and egress to the existing Oil and Gas Operations
Areas. All pipelines shall be located to a surface depth of approximately 48 inches from the final
grade elevation. Flow lines,which are defined as those lines which carry water any/or
hydrocarbons to or from the Existing Wells, shall be buried to a surface depth of at least 48
inches. The construction and burying of flowlines and pipelines shall be at the sole cost and
expense of KPK or its gas purchaser,unless Surface Owner requests that such flowlines or
r
Page 2 of 9
Sep-22-03 09:49A
P .04
pipelines he moved from their present position at the time of the execution of this Agreement.
then such costs shall be paid for by the Surface Owner.
h. Surface Owner will not allow any extraction to occur, commencing at the
surface of the original ground closer, than 25 feet from any flowline or pipeline. The Surface
Owner shall maintain a side wall of sufficient distance and angle to assure that such 25 feet shall
be maintained at all times.
e. Surface Owner shall not allow any stockpile of soil exceeding 5 feet in
depth to he placed over any flowline, provided however, if the flowline or pipeline is within the
ingress and egress areas, no stockpile of any sort shall be placed in such area.
d. When crossing a KPK flowline or pipeline with heavy equipment, like
earth moving equipment, the Surface Owner will maintain a minimum of(bur foot and a
maximum of 6 foot of dirt coverage in addition to the existing cover over the flowline or
pipeline. When crossing KPK's pipelines with trucks raid lighter equipment, the Surface Owner
will maintain a minimum of two foot and a maximum of 6 foot of din coverage in addition to the
existing cover over the flowline or pipeline.
e. The depth of cover over the KPK flowlines or pipelines shall not be
reduced or drainage altered without KPK's written approval.
f. Surface Owner shall not issue any right, permit, or easement unless such
right, permit or casement requires any third party's flowline or pipeline crossing KPK's
flowlines or pipelines to be buried a minimum of 18"inches beneath KPK's flowlines or
pipelines. in no event shall an electrical line of any kind be buried in such area without written
permission of KPK. Any parallel flowlines or pipelines must maintain a minimum 10 foot
separation, unless KPK grants a lesser distance of separation in writing. The Surface Owner will
request all utility companies contact KPK prior to laying any such lines.
g. Construction of any permanent structure within KPK's pipeline easement
is not permitted, nor shall the planting of trees and shrubs be permitted.
h. The Surface Owner understands that KPK by federal law, must mark the
routing of its underground facilities with aboveground markers and maintain those markers.
Surface Owner agrees that such markers may be installed and maintained.
i. In the event that Surface Owner does not maintain the above standards or
damages any of KPK's facilities, while conducting its mining operations,then KPK shall have
the right to undertake to uphold those standards and/or mitigate any such damage and the Surface
Owner shall reimburse KPK all of its costs of relocation, replacement or repair.
6. Notice to Subsequent Purchasers. Surface Owner shall furnish all buyers of the
Property with a plat or map showing the access roads,the Oil and Gas Operations Areas,
production facilities and other related facilities. In addition, the Surface Owner shall provide
notice to all builders, homeowners and other buyers of any portion of the Property from Surface
Owner that:
Page 3 of 9
Sep-22-03 09 : 49A
P _ OS
a. There will he ongoing oil and gas operations and production in the Oil and
Gas Operations Areas on the surface of the Property;
h. There may be additional Wells drilled on the Oil an Gas Operations Area;
and
c. Purchase of portions of the Surface Owner's property, as successors in
interest to the Surface Owner, will be acquiring all of the Surface Owner's rights under this
Agreement and assuming these obligations under taken by the Surface Owner pursuant to this
Agreement, including, but not limited to the waiver provisions provided in Section 9 below.
7. KPK Notice. Except in the event of any emergency, or in connection with
ordinary scheduled maintenance or normal operations of the Existing or Future Wells batteries,
for which not notice will be required and immediate access will be available to KPK,KPK shall
provide Surface Owner with at least five business days' prior written notice of any operations in
connection with the reworking, fracturing, deepening or other operations on any Existing Well or
Future Well; provided however that KPK shall provide notice required by COGCC regulations to
Surface Owner of the initial drilling of any Future Wells. The notice shall describe the proposed
starting date,approximate duration and operations intended to he performed. Either party may
request an on-site meeting or telephone conference concerning the intended activity, to
coordinate access or to discuss any other issues.
8. Drilling and Completion Operations. KPK shall endeavor to diligently pursue any
actual drilling operations to minimize the total time period and to avoid rig relocations or startup
during the course of drilling. Surface Owner waives any objections to continuous(i.e., 24 hour)
drilling operations. KPK will conduct its operations in compliance with the provisions of the
rules and regulations of the COGCC set forth in Rule 603, subject to the setback waivers
provided in Section 9 below.
9. Setback Requirements. Surface Owner will not locate any permanent or
temporary structure which contains an ignition source within 75 feet from the existing Oil and
Gas Operations, pipelines or flowlines. Since Future Wells maybe located at any location within
the Oil and Gas Operations Area, Surface Owner waives the 150-ftxt setback requirement
provided in Rule 603a.(2) of the COGCC rules and regulations insofar as subsequent
development may create new surface property lines within 150 feet of any Oil and Gas
Operations Area. In the event new high density area rules become applicable to any Future
Wells, Surface Owner also waives the high density set back requirements in Rule 603h of the
COGCC rules and regulations. The waivers provided herein shall he binding upon the
successors and assigns of Surface Owner and shall benefit KPK, its successors and assigns under
the existing oil and gas leasehold estate.
10. Development Plans. Surface Owner agrees to provide true copies of any
proposed Pre-Mining Plan, Mining Plan and Reclamation Plan. KPK agrees that so long as such
mining plans are not in conflict with this Agreement, it will not object to any such plan and if
requested will provide Surface Owner with written documentation of such. Nothing in this
paragraph in any way waives KPK's rights in this Agreement or obligations of the Surface
Owner under the terms of this Agreement. Surface Owner acknowledges that KPK may conduct
Page 4 of 9
Sep-22-03 09: 60A
P .06
egia
oil and gas activities within the applicable Oil and Gas Operations Areas provided herein and
neither shall oppose KPK concerning such activities before any agency or governmental
proceeding if such oil and gas activities are proposed and carried out in accordance with terms of
this Agreement.
11. Limitation of Liability, Release and Indemnity.
a. NO PARTY SHALL BE LIABLE FOR, OR BE REQUIRED TO
PAY FOR, SPECIAL, PUNITIVE, EXEMPLARY,INCIDENTAL, CONSEQUENTIAL
OR INDIRECT DAMAGES TO ANY OTHER PARTY FOR ACTIVITIES
UNDERTAKEN WITHIN THE SCOPE OF THIS AGREEMENT;
h. Except as to claims arising from of pollution or environmental damage
(which claims arc governed by Section 12 below) or out of other provisions of this Agreement
(which claims shall be governed by the terms of'this Agreement), each party shall be and remain
responsible for all liability arising out of the losses, claims, damages, demands, suits, causes of
action, fines, penalties, expenses and liabilities, including without limitation attorneys' fees,
consultant, expert ices and other costs associated therewith and any fees and expenses in
enforcing this indemnity (all of the aforesaid referred to collectively as "Claims"), arising out of
or connected with each such party's ownership or operations on the Property, no matter when
asserted, subject to applicable statutes of limitations. Each party shall release, defend, indemnify
and hold the other party, their officers, directors, employees, successors and assigns
("indemnified Parties"),harmless against all such Claims. This provision does not, and shall not
be construe to, create any rights in persons or entities not a party to this Agreement, nor does it
create any separate rights in parties to this Agreement other than the rights to be indemnified for
Claims as provided herein;
c. KPK shall not permit any liens to be filed on or otherwise attach to the
Property and in the event any such liens arc filed by a person pursuant to any statute or any lien
attaches by operation of law or otherwise,KPK shall take all necessary action at its sole cost and
expense, to have such lien discharged and released as promptly as practicable, except KPK shall
have the right to file an operators lien against other owners of the oil and gas leasehold interests
to recover amounts owed KPK; and
d. Upon the assignment or conveyance of a party's entire interest in the
Property, that party shall be released from its indemnification in Section 11.b above, for all
actions or occurrences happening after the assignment or conveyance.
12. Environmental Indemnity.
a. The provisions of Section 11 above, except for the definition of"Claims"
and "Indemnified Party or Parties,"shall not apply to any environmental matters,which shall he
governed exclusively by the following;
b. "Environmental Claims"shall mean all Claims asserted by governmental
bodies or other third parties for pollution or environmental damage of any kind arising from
operations on or ownership of the Property or ownership of the oil and gas leasehold interest,
r` whichever is applicable, and all cleanup and remediation costs, fines and penalties associated
Page 5 of 9
Sep-22-03 09 : 5OA
P_ 07
therewith, including hut not limited to any Claims arising from Environmental Laws or relating
to asbestos or to naturally occurring radioactive material. Environmental claims shall not include
the costs of any remediation undertaken voluntarily by any party, unless such remediation is
performed under the imminent threat of a claim by governmental bodies or other third parties;
c. "Environmental Laws" shall mean any laws, regulations, rules,
ordinances, or other governmental authority(ies), which relate to or otherwise impose liability,
obligation, or standards with respect to pollution or the protection of the environment, including
but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act
of 1980, as amended (42 U.S.C. §§ 9601 et._sg), the Resource Conservation and Recovery Act
of 1976 (42 U.S.C. §§ 6901 et seq.), the Clean Water Act (33 U.S.C. §§ 466 et seq), the Sale
Drinking Water Act(14 U.S.C. §§ 1401:1450),The Hazardous Material Transportation Act
(49 U.S.C. §§ 1801 et seq..),The Clear Air Act, and the Toxic Substances Control Act
(15 U.S.C. §§ 2601-2629); and
d. KPK agrees to fully protect, indemnify, and hold harmless Surface Owner
and any lot owner who purchases a lot from Surface Owner and its indemnified Parties from any
Environmental Claims relating to the Property or oil and gas leasehold thereunder that arise out
of its ownership and operation of the applicable Oil and Gas Operations Areas, tlowlines and
pipelines or any such claims resulting from acts or KPK, its employees and agents. Surface
Owner shall frilly protect, indemnify and hold harmless KPK and its Indemnified Parties from
any and all Environmental Claims relating to the Property that arise out of their development of
the Property or any such claims resulting from the acts ot'the Surface Owner,its employees and
/'� agents.
13. Exclusions from indemnities. The indemnities of any party herein shall not cover
or include any amounts for which the Indemnified Party may legally recoup from other third
party owners without judicial process, or that for which the Indemnified Party is reimbursed by
any third party. The indemnities in this Agreement shall not relieve any party from any
obligations to third parties.
14. Notice of Claim for Indemnification. If a Claim is asserted against a party for
which another party would be liable under the provisions of Section II or 12 above, it is a
condition precedent to the indemnifying party's obligations hereunder that the Indemnified Party
give the indemnifying party written notice of such Claim setting forth all particulars of the
Claim,as known by the indemnified party, including a copy of the Claim(if it was a written
Claim). The Indemnified Patty shall make a good faith effort to notify the indemnifying party
within one month of receipt of a Claim and shall affect such notice in all events within such time
as will allow the indemnifying party to defend against such Claim and not later than three
calendar months after receipt of the Claim by the Indemnified Party. Indemnified Party shall
forward the originals or adequate copies of all materials received concerning the claim as soon as
reasonably possible.
15. Representations. The parties represent to one another that each one has the full
right and authority to enter into this Agreement. KPK does not represent that it has rights to
settle matters for the mineral owners in the Property. KPK has only the right as a mineral lessee
and this Agreement only pertains to such rights as KPK may hold.
Page 6 of 9
Sep-22-03 09: 5OA
•
reN
1(i. Successors and Assigns. The terms, covenants, and conditions hereof shall be
binding upon and shall inure to the benefit of the parties and their respective successors and
assigns; provided, as to KPK, successors and assigns shall he deemed limited to lessees tinder the
oil and gas lease which KPK owns. The rights and obligations provided in this Agreement shall
benefit and burden Surface Owner, its successors and assigns.
17. Term, This Agreement shall become effective when it is fully executed and shall
remain in full force and effect until KPK's leasehold estate expires or is terminated, and Existing
or Future Wells are plugged and abandoned and KPK has complied with requirements of all
applicable oil and gas leases pertaining to removal of equipment, reclamation, cleanup and all
other applicable provisions of the leases and existing laws and regulations. When this
Agreement ceases to be in full force and effect, the parties shall execute any and all releases
necessary to evidence the fact that this Agreement shall no longer apply to the Property.
18, Force Majeure. in the event either party is rendered unable by an event of Force
Majeure (defined below) to perform, wholly or in part, any obligation set forth in this
Agreement, other than the obligation to pay money then the performance by the affected party
will be suspended during the continuance of such event of Force Majeure. The party
experiencing an event of Force Majeure shall provide reasonable notice to the other party as soon
as possible with all reasonable dispatch. As used herein, the term "Force Majeure" shall mean
any act of God,acts of the public enemy, blockages,insurrections, riots, epidemics, landslides,
lightning, earthquakes,fires, severe weather, floods,washouts, and restraints of the federal, state
or local government, civil disturbances,explosions, breakage or accidents to machinery or lines
of pipe, the binding order of any court of governmental authority which has been resisted in good
faith by all reasonable legal means, delay in securing environmental approvals, the inability to
obtain necessary supplies, material, equipment,machinery or labor or any other causes (other
than the failure to pay money),whether of the kind herein enumerated or otherwise not within
the control of the party claiming suspension and which by the exercise of due diligence such
party is unable to prevent or overcome.
19. Notices. Any notice or other communication required or permitted under this
Agreement shall be sufficient if deposited in U.S. Mail, postage prepaid or by sent by facsimile
transmission addressed as following:
if to KPK:
•
K.P. Kauffman Company, Inc.
1675 Broadway, suite 2800
Denver, CO 80202
Attention: Kevin P. Kauffman
Facsimile No. 303-825-4825
Page 7 of 9
Sep-22-03 09: 51A
P. 09
I f to Surface Owner:
Northern Colorado Constructors, Inc.
9075 Weld County Road 19
Ft. Lupton, CO 80621
Attention: John Zadcl
Facsimile No. 303-857-2933
Any notice shall he considered to have been sent and deliver,when hand delivered by whatever
means; three days atter the same is deposited in the U.S. Mails as described above, or when
received via facsimile on the recipients fax facilities (as confirmed on the fax facilities of the
notifying party). Any party may, by written notice so delivered to the other parties change the
address or individual to which deliver shall thereafter be made.
20. Waiver of Surface Damage Payments. Surface Owner hereby waives all surface
damage payments pursuant to any COGCC or local regulation, state statue, common law or prior
agreement for each and every well and related well site that is drilled within the Oil and Gas
Operations Areas and ler each production facility. KPK may provide a copy of this Agreement
to the COGCC or to any local jurisdiction, person or entity or any court of law as evidence of
this waiver. "Surface damage payments" as used herein shall be given the meaning commonly
used in the oil and gas industry.
21. Recording. This Agreement, any amendment hereto, and any release entered into
pursuant to Section 18 above, shall be recorded by KPK, which shall provide all other parties
with a copy showing the recording information as soon as practicable thereafter.
22. Arbitration. Any controversy or claim arising out of or relating to this
Agreement, or the breach thereof, shall be resolved by arbitration administered by the American
Arbitration Association under its commercial rules and judgment on the award rendered by the
arbitrator(s) may be entered in any court having jurisdiction thereof.
23. •pnlicablc Law. This Agreement shall he governed by and consorted in
accordance with the laws of the State of Colorado.
24 Entire Agreement. This Agreement sets forth the entire understanding among the
parties hereto regarding the matters addressed herein,and supersedes any previous
communications, interpretations or agreements, whether oral or written. This Agreement shall
not be amended, except in written form signed by all parties.
The parties have executed Agreement on the day and year first above written.
K.P. ICAUFFMAN COMPANY,INC-:
By:
Title:
Page 8 of 9
Sep-22-03 09: 51A
P. 10
SURFACE OWNER:
NORTIIERN COLORADO
CONSTRUCTORS, INC.
Name: V)cr1 Co e s Jrs
By:
STATE. OF COLORADO )
CTI'Y AND ) ss.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this_day of
2003, by as of the K.P. Kauffman Company,. Inc.
on behalf of that corporation.
Notary Public
Witness my hand and official seal. (SEAL)
My commission expires:
STATE OF COLORADO )
) ss.
COUNTY OF )
The fwcgoing instrument was acknowledged before me this._day of �-7-
2003, by b &ezt ., taut,/ as ALAI( of Northern
Colorado Constructors, Inc. on behalf of that corporation.
4 .-
Notary blic
Witness my hand and official seal. (SEAL)
My commission expires:17 .50.70.-4
Page 9 of 9
BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE
THE LAST DAY TO POST THE SIGN IS: YTo.. Ze -
-t � THE SIGN SHALL BE
POSTED A.CJA.CENT TO AND VISIBLE FROM A.PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE
EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A
PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY,THE DEPARTMENT OF PLANNING SERVICES SHALT
POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN
AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE; INTERSECTS A PUBLICLY MAINTAINED
ROAD RIGHT-OF-WAY,
1 HEREBY CERTIF.( !. NCER THE PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE
PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COUNT`! COMMISSIONER'S HEARING FOR
- 13` 9 . THE SIGN WAS POSTED BY: .
VS g-
NAME OF PERSON POSTING SIGN
'1444,
SIG,NA T UROR PERSON POSTING SIGN
•
STATE OF COLORADO)
)ss.
COUNT{ OF WELD )
SUBSCRIBED AND SWORN TO ME TH!SSt-V DAY OF O"E�\• ,, , L 'l ) .
NOTARY PUB?.,C
MY COMMISSION EXPIRES
SEPTEMBER 14, 2003
MY COMMISSION E{PIRES:
THIS FORM SHALL FL A c —* K18�.
E, CJ IN THE AF, ROARIA.TE FILE FOR ;rE ABOVE CAS
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09/23/2003 15: 05 9704542847 ROLLIN
PAGE 03
WELL MONITORING PLAN
FOR
NORTHERN COLORADO CONSTRUCTORS
NCCI PIT #1
Northern Colorado Constructors (NCCI) has applied for a Use by Special Review Permit to
mine sand and gravel on a parcel in the east half of the south east one quarter of Section 24,
Township 2 North, Range 67 West in Weld County, Colorado. The mining will requite the de-
watering of the site of the mining and the primary source of water in the area is the alluvial
aquifer and is produced by shallow wells. Because of the concern of the surrounding well
owner as to the effect of the de-watering on their wells Northern Colorado Constructors will
implement the following well monitoring program to determine the effect, if any, of the de-
watering on the surrounding wells.
1. Install monitoring wells on the mining site boundary as shown on the attached site
plan.
2. Monitor the level of the water in the wells monthly and monitor the quality of the
water yearly. The monitoring data will be available to the surrounding well owners
and the Weld County Planning Department.
3. If the surrounding well owners will agree NCCI will monitor the water level and
quality of the wells on their property on the same schedule. NCCI will require
written approval from the property owner to enter the property and test the wells.
4. All monitoring will be at NCCI's expense.
5. If damage to a well is determined to be caused by NCCI, steps will be taken to
mitigate the damage by the method which is best suited to the situation. These
methods include grout walls, re-drilling of the well, directing pumped water to
recharge the well, provide another source of water or cease pumping the mining
site.
09/23/2003 15: 05 9704542847 ROLLIN
PAGE 02
MONITORING WELL AND PRIVATE WELL LOCATIONS
NORTHERN COLORADO CONSTRUCTORS NCCI PIT
PW
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