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Home My WebLink About20010415.tiff ThttleApplegate,lnc. Consultants for Land,Mineral and Water Weld County Planning Dept. December 22, 2000 DEC 26 2000 Ms. Sheri Lockman RECEIVED Weld county Department of Planning Services 1555 North 17th Avenue Greeley, Colorado 80631 RE: Lafarge Riverbend Operation, Weld County Case Number USR-1259 Dear Sheri: Please find enclosed our response to the staffs conditions for approval prior to scheduling a Board of County Commissioners Hearing. The material includes: 1. A memo updating you on the agreement between Lafarge and mineral rights owners on the Riverbend property, 2. The report documenting results of a Ute Ladies-tresses orchid survey on the property and a copy of the response letter from the United States Department of the Interior,Fish and Wildlife Services, 3. The report documenting results of a Preble's Meadow Jumping Mouse habit assessment and presence/absence survey on the property, and 4. A copy of the letter agreement Lafarge is pursuing with the Lupton Bottom Ditch Company and a letter to the Weld County Department of Planning Services regarding the "McCann Seep". As you can see, some of the agreements have not yet been completed, but it is the intention of everyone involved to finalize these agreements soon. Sheri,based on the material contained with this letter,we are requesting to be scheduled for the next available Board of County Commissioners Hearing. We will forward additional information and copies of finalized agreements to you when they become available. Sincerely, T> e�lega 2001-0415 William Schenderlein [g. EXHIBIT Project Engineer E lase*PSI Spiranthes diluvialis Survey Report The River Bend Parcel Weld County, Colorado Prepared for— Tuttle Applegate 11990 Grant Street, Suite 304 Denver, Colorado 80233 Prepared by— ERO Resources, Corp. 1842 Clarkson Street Denver, Colorado 80218 (303) 830-1188 EXHIBIT August31, 2000 USK *taS9 ERO Resources Corporation ERO Resources Corp. 1842 Clarkson Street Denver, CO 80218 (303) 830-1188 Fax: 830-1199 Denver • Boise www.eroresources.com ero@eroresources.com August 31, 2000 Ms. Jan McKee U.S. Fish and Wildlife Service P.O. Box 25486, DFC Denver, CO 80225 RE: Spiranthes diluvialis survey for the River Bend Parcel Dear Ms. McKee: On behalf of Tuttle Applegate,please review the attached survey for Spiranthes diluvialis. This project occurs in Section 19. TIN. R66W of Weld County. After you review this information, I would appreciate written acceptance or rejection of this Spiranthes diluvialis survey. Please call me if you need any additional information or have any questions. I look forward to hearing from you. Sincerely, Mary L. Powell Natural Resource Specialist Cc: Pam Acre, Tuttle Applegate survey letter.doc Consultants in Natural Resources and the Environment Contents Introduction Project Location Methods 3 Ecological Descriptions and Site Features 4 Conclusions 5 Appendices 6 A: Surveyor Qualifications B: Site Photos C: Data Sheets ERO Resources Corporation Spiranthes diluvialis Survey Report River Bend Parcel Weld County, Colorado August 30, 2000 Introduction On August 10, 2000, Mary L. Powell, an ecologist with ERO Resources Corporation, performed a survey for the federally-listed threatened orchid, Ute ladies'-tresses (Spiranthes diluvialis). This survey is necessary because proposed activities will potentially affect areas considered to be wetlands regulated under the Clean Water Act, and because the project occurs below 6,500 feet in elevation and within the 100-year flood plain the South Platte River in Colorado. This survey report follows the U.S Fish and Wildlife Service's November 23, 1992 interim survey requirements for Spiranthes diluvialis. The following items are included in this report— I. Name(s) and qualifications of surveyor(s). 2. Site location map. 3. Photographs of the site. 4. Completed data sheets for sites surveyed. 5. Location of sites surveyed on USGS topographic maps. Project Location The parcel is located in the E ' Sect. 34, R67W, TIS, Brighton Quadrangle in Adams County, Colorado (Figure I). 1 ERO Resources Corporation 1 Wells �.v,o -BM _._, . . ,,� r__ -.. • 4928 4932 4 4I xe I t• c ♦ i •• - 1 JCos 13 49ie. ' v 18 1 o 945 4''' .• ) k� 85 `JEE 1).(Q - • i { - 4935( BM ' 0.923_. -.,�. ., __-_.- ._..._______ __-- 6�= 493 _ _._.______- ._.___ _.._.____ _.. -. 74936 1 11• 1 v 4945 3'44 Gram 4- •I '.0 Elevator 10949 24 19 Well 4] l i • River Bend Parcel • j' _ i • ! . Mobile rhm Independence '•ark F? School •49]/ 4950 493r__.--s. - -_• ' ...• Well 1: Bf•}. r *Pit T d 4926 9 . 4950 Ovate I sell 1- -»' p Tank • •1.11' Raoi owe is Wattenberg F__,; 1 ) . I //I: I 1 \ I i 940 • 25 - ! a is i I KGreveI, Pis ' 4956 ! I• - / _ ___..' I 1 , FRORiver Bend Parcel Figure 1 �I Us, R66W,W 1/,519 Site Location ER0 Resources Corp. UTM Coordinates: Zone 13,4,431,550mN, 515,000mE 1842 Clarkson Street Denver,CO 80218 (ao3)Sao-1185 N Prepared for:Tuttle Applegate Fa: 830.1199 Fort Lupton, Colorado Quadrangle Weld County File:1307 Figurel.cdr 1 inch=1,000Feet August2000 SPIRANTHES DILUVIALIS SURVEY REPORT RIVER BEND PARCEL Methods Prior to beginning the field survey for Spiranthes diluvialis, the project area was reviewed to determine the location and extent of any potential habitat for Spiranthes diluvialis. The following types of habitat were considered to potentially support populations of Spiranthes diluvialis- 1. Areas determined to be jurisdictional wetlands; 2. Seasonally moist areas near springs, lakes, irrigation ditches, or perennial streams and their associated flood plains; 3. Old stream channels and alluvial terraces; 4. Subirrigated meadows; 5. Areas supporting vegetation indicative of seasonally wet areas or areas dominated by vegetation considered to be facultative wet. Additionally, NWI maps and SCS soils maps were reviewed for areas mapped as wetlands or hydric soils or soils with hydric inclusions. It was the intent of the survey to be overly inclusive in determining areas to be surveyed for the presence or absence of Spiranthes diluvialis. Before the search, ERO biologists visited the Spiranthes diluvialis reference area in Wheat Ridge, Colorado to observe and photograph the plant in bloom. Each area considered to be potential habitat for Spiranthes diluvialis was carefully surveyed by walking a pattern of parallel transects through the potential habitat. The interval between transects was determined separately for each site depending on the height of vegetation and the distance that the surveyor was confident in determining the radius of accurate observation. Typically, the surveyor slowly walks 3 to 5 paces, stops, and slowly rotates 360° while continually viewing the vegetation within the predetermined radius or belt of vision, while looking for the presence of Spiranthes diluvialis. The surveyor is very familiar with both the vegetative characteristics as well as the inflorescence of Spiranthes diluvialis. The surveyor did not solely key on inflorescence and color. Additionally, two infrequently occurring species (Lobelia siphilitica and Limnorchis hyberborea) known to occur with Spiranthes diluvialis were looked for as part of the survey. 3 ERO Resources Corporation SPIRANTHES DILUVIALIS SURVEY REPORT RIVER BEND PARCEL Ecological Descriptions and Site Features The assessment area includes the majority of the reach of the South Platte River from Weld County Road 6, north to Weld County Road 8. Through most of the assessment area, the South Platte River has steep, downcut banks that drop abruptly to water level 4 to 8 feet below. Where the banks are vertical, they are bare of vegetation. The upper banks are covered with weedy upland vegetation such as cheatgrass (Bromus tectorum), diffuse knapweed (Acosta diffusa), bindweed (Convolvulus arvensis), and kochia(Kochia scoparia). Cottonwood (Populus deltoides) and crack willow (Salix fragilis) dominate other reaches of the bank. Debris, such as pieces of concrete, has been dumped along the banks in places. In several places in the assessment area, sandbars have been deposited. Wetland vegetation is present at the back edge of the sandbar, along the toe of the bank. These areas are covered by reed canarygrass (Phalaris arundinacea) and sandbar willow (Salix exigua). Smartweed (Persicaria sp.) is also present but is not dominant. The McCann seep runs through the southeast portion of the parcel. Water flows through a broad-bottomed channel with low banks. The channel bottom is wide enough that wetland vegetation has become established throughout. Species present include cattail (Typha angustifolia), watercress (Nasturtium officinale), smartweed (Persicaria maculata), threesquare (Schoenoplectus pungens), speedwell (Veronica catenata), Emory sedge(Carex emoryi), and spike rush (Juncus balticus). The Natural Resource Conservation Service has mapped soils in the River Bend parcel as Aquolls and Aquents with gravelly substratum and Bankard sandy loam. Aquolls and Aquents are deep, poorly drained soils that formed in recent alluvium. they are mildly to moderately alkaline. The water table is at or near the surface in early spring. Bankard sandy loam is described as a deep, somewhat excessively drained soil formed in stratified recent alluvium along streams and rivers. 4 ERO Resources Corporation SPIRANTHES DILUVIALIS SURVEY REPORT RIVER BEND PARCEL Conclusions Wetlands along the South Platte River are not conducive to the establishment of Spiranthes and differ from the criteria of the U.S. Fish and Wildlife Service's November, 1992 Interim Survey Requirements for Spiranthes diluvialis for the following reasons: • In most areas, the bank is nearly vertical and/or is unvegetated. Several sparsely vegetated areas are periodically scoured clean by high flows. • Dense stands of reed canarygrass and sandbar willow dominate the other areas of the bank. • The sand and gravel bars in the study area are covered by species not typically associated with Spiranthes. Because of heavy grazing, the wetlands along the McCann Seep do not provide high quality orchid habitat. However, these wetlands were carefully surveyed but no orchids were observed. All habitats within the project area that could potentially support Spiranthes diluvialis were surveyed per the U.S. Fish and Wildlife Service November 23, 1992 interim survey requirements for Spiranthes diluvialis. Spiranthes diluvialis was not observed within the project area and there is no reason to believe that it occurs within the project area. ERO 5 Resources Corporation Appendices Appendix A: Surveyor Qualifications Appendix B: Site Photos Appendix C: Data Sheet ERO Resources Corporation Appendix A Surveyor Qualifications ERO Resources Corporation Statement Of Qualifications To conduct surveys to determine the presence or absence of the federally threatened orchid species,Spiranthes diluvialis Mary L. Powell ERO Resources Corporation Botanical Expertise Mary received a Masters Degree in Biology from the University of Colorado at Denver. Her coursework included basic botany, grassland plants, and plant morphology. As a research assistant, she participated in a five-year long study of the effects of the 1988 Yellowstone Fires on plant communities in the greater Yellowstone Area. Rare Plant Surveys . Colorado Front Range 1993 to present. Conducted numerous surveys for Spiranthes diluvialis in various habitat types throughout the Front Range. . Rock Springs, WY. 1997. Surveyed for Physaria dornii and Physaria saximontana. Familiarity with Spiranthes diluvialis Mary has read the most recent literature available regarding local populations and the ecology of the species. She has visited the orchid populations in Clear Creek Canyon in Golden, Boulder City Open Space, and Wheat Ridge, Colorado yearly since 1993. References Steve Dougherty ERO Resources Corp. 1842 Clarkson Street Denver, Colorado 80218 (303) 830-1188 ERO Resources Corporation Appendix B Site Photos 80 Resources Corporation RIVER BEND PARCEL AUGUST 2000 � 4 .` ' I ° t •Ille17-441 $.,;711, k tl ',b^ x Ayr r •.' U k ya>_• 1 uh . Photo 1 - Typical view of the South Platte River in the parcel. r y ids p w J, } 1 a `P i'"" S r - A �4 t✓fi + .. ^ Ire 1 1y ' st• Aw w dq iv Is I 4 Y tY YZ V' !', }7L J lh, ♦kix Tx tit Y e4.�.'•t � . , Photo 2 - Typical view of the South Platte River in the parcel. RIVER BEND BAP(EL ALICUS r 2000 r > A, in e lY • i b ¢-t d 'F" P '1 - 14,41tOliglau ; . -., . N t 4'rac w d'' Y _ L Kt,.;' '. "si'41:'''''.41- .fit 5 St"4ts �' V " �.'r , S 1 G. Photo 3 - McCann Seep looking north. wt,# r,<y-tsak is •>- r y, t ,,,yw o ^ al a i . t -}4t tf .' t' t r y � . r S b • go, qu us ).-4.1,,,.u.,, g� krl�t,I.,n,',4,1- y yi. Y \)1)" � t ,�. Z�Y" ti ,Z ' . k,' .„,,st,.A.y^,4wlai 'iv') I.? T" �' t • 1 6 + r;' i c,4 , 'h ".E7 y ` . saa� • e'u`,4'rA,..Y tik y yY r �. } �t I y ; a,� , `' . a ra 9 �c y '� r`r'n. ''a' , e !' y y_: .xk , ! S s..tf d „4. , th'" 4zi•�f, ,7: . ,, 4. fEi _ 4 k s -"1--4,-, v • 7 k?1 ` s ----,*f. ✓ - � ,yt• Y Y 'L'.y `t` r ^fir , t !F 1 . 1'r" �'W •4 14, �4`,.: lv' . .1/4„:... .6...,...,, ,c�▪ iS`q�rit-- f. . ' -",:-"--:-,Ta '„ , tY .rT;}t �i* a �'+{e. ° ' ' n r,,....#4 . t "C ',Jr'S ..+ yyu R- itjw ?.¢"F �! Sx, t\.U '. +> . r'r B * t"wo'.. ay . .1".,/,.,- .'hJ C*'' {S'S' s-'1 <" fi .L:yd r '? a • 1 3 4. i Y +e2:s y. t_... x ti Tl 'iL. yr. do e v r''' v t t 4264 s +a'` t+"ln �!i . r `▪ t f ' F r a * " D- fiy 1 i 't Y• i 1 , y yt:. ' 1 `j r ▪ v��f �' t 41%1�� 3v(}4.i X4'04'�� 4 � t��!`,*,} t• 2,33. i lC i.• iC •'.!!�.t� r' r�i .\ ,� ` r!iB PR �`• ,,F _ \ "f .. Photo 4 - Wetland vegetation along McCann Seep. Appendix C Data Sheets ERG Resources Corpora lion Spiranthes diluvialis FIELD FORM Proiect/Site: ! �(�,� sk cd Date: `b ' )J' Applicant/Owner: County: LJ d t^i State: Cu Investigator: IY1(i, Section: I I Township: J j,\( Range: SITE CONDITIONS USGS Quad Name: f4 . Ecological Condition: iki9,c, chr -1-14S,aC .5 u(1414) - Udd'kis 45301)APO) 4:"t‘ S19L 1/ l Grin 9i ' 1 Management History: ,! rlt0 65C (�(G ) Landscape Position: so.1�1l e rrkX(1,vv�iYe� +��/ �; n �W ‘10AV19 cA 411 S �v1Y1 01, (?it VEGETATION Dominant Plant Species Other Commonly Occurring Species 1. ku' ;x C , V s 1. 2. 6... Lrun . 2. 3- 'Pe,( (MC- 3. 4. %p deli( 4. 5. Sv� X V(1. 5. 6. 6. Plant community name: 1.-, Alf ,Gr Notes: O\l2I (®t.Jh vR h1i ;v, n WL ' £r6G5• &(,-,ter bt✓s , ( nc‘5,&9 eha✓wle, 54K1 )2425 , jSOILS Q1-,... Map Unit Name j � S tw) 1Field Obse . 'ons (Series and Phase): 11/1) 7 U K�,1 5 d 'S 413a� `� N Confirm Mapped Type? es No Profile Description: Texture, Matrix Color Mottle Color Mottle Concretions, Depth (in) Horizon Munsell Moist Munsell Moist Abundance/Contrast Structure, etc. } No + S i \f- Hydric Soil Indicators: D Histosol O Concretions 0 Histic Epipedon 0 High Organic Content in Surface Layer-Sandy Soils 0 Sulfidic Odor 0 Organic Streaking in Sandy Soils D Aquic Moisture Regime 0 Listed on Local Hydric Soils List _ - 0 Reducing Conditions 0 Listed on National Hydric Soils List El Gleyed or Low-Chroma Colors 0 Other (Explain) HYDROLOGY Field Observations: Depth of Surface Water: (in.) Depth to Free Water in Pit: (in.) Depth to Saturated Soil: (in.) Seasonally Flooded? Ye No OCCURRENCE OF SPIRANTHES DILUVIALIS Was Spiranthes diluvialis observed on the site Yes No State basis of population: If yes, what is the estimated size of the population: Percent of population that is: Not flowering % Flowering % Set Seed % Attach photo of population IVn-\ L l l f\ 9-1 Spiranthes diluvialis FIELD FORM Proiect/Site: 12-;N(0.1 17 t��((d Date: <3 )y , 0 -o Applicant/Owner: County: L c l)L-71l State: 6 Investigator: /111-(?) Section: 9 Township: )1J Range:SU SITE CONDITIONS USGS Quad Name: P* LV o�'1) Ecological Condition: £(r y A>,y (akin , 7 di OAS b(00 6491 LI Ic one/ Management History: n /ky f e (ft 4_6 )rj Landsca e Position: a ;Jl I�� '�n ( d r)A„( 6( / &) J y VEGETATION Dominant Plant Species Other Commonly Occurring Species 1. tat ire 1. 2. idn��1llQ!C(P�c, 2. 3. ,k (. Qr-) . 3. 4. i /i. I .. 4. s. 6UA b h it . 5. 6. 6. Plant community name: Notes: LiVQ5LcA qu �,d"j mi cluinned 57r 4.\I\ 91A SOILS Map Unit Name 4, oh''' Field Obse .tions (Series and Phase): A �0 a A1 ,ni3 pjLr,4t�l� S�► " 11 Confirm Mapped Type? es No Profile Description: Texture, Matrix Color Mottle Color Mottle Concretions, Depth (in) Horizon Munsell Moist Munsell Moist Abundance/Contrast Structure,etc. �1 A r 5 A � Hydric Soil Indicators: ❑ Histosol 0 Concretions ❑ Histic Epipedon 0 High Organic Content in Surface Layer-Sandy Soils ❑ Sulfidic Odor 0 Organic Streaking in Sandy Soils ❑ Aquic Moisture Regime 0 Listed on Local Hydric Soils List ❑ Reducing Conditions 0 Listed on National Hydric Soils List ❑ Gleyed or Low-Chroma Colors 0 Other(Explain) HYDROLOGY Field Observations: Depth of Surface Water: 6 (in.) Depth to Free Water in Pit: O (in.) Depth to Saturated Soil: 0 (in.) Seasonally Flooded? Yes No OCCURRENCE OF SPIRANTHES DILUVIALIS Was Spiranthes diluvialis observed on the site Yes ',-No/ State basis of population: If yes, what is the estimated size of the population: v Percent of population that is: Not flowering % Flowering % Set Seed Attach photo of population PRESENCE / ABSENCE SURVEY FOR PREBLE'S MEADOW JUMPING MOUSE RIVERBEND OPERATION Weld County, Colorado Prepared for: Tuttle Applegate, Inc. 11990 Grant Street, Suite 304 Denver, CO 80233 Prepared by: Ronald Beane DA TI MBI Environmental 181 Plum Creek Place Littleton, CO 80126 August 7, 2000 EXHIBIT 1.152 3I9 Riverbend Preble's Meadow Jumping Mouse Survey TABLE OF CONTENTS -- Section 1.0 INTRODUCTION 2.0 PROJECT DESCRIPTION 3.0 STUDY AREA AND METHODS 4.0 PREBLE'S MEADOW JUMPING MOUSE SURVEY RESULTS 5.0 CONCLUSION AND DISCUSSION 6.0 QUALIFICATIONS OF SURVEYORS 7.0 SITE INFORMATION 8.0 REFERENCES CITED Appendix A - Summary of PMJM Trapping Appendix B —Survey Field Data Compilation Form Riverbend.doc 08/07/00 9:54 PM 1 Riverbend Preble's Meadow Jumping Mouse Survey 1.0 INTRODUCTION Mobile Pre-Mix Concrete, Inc., a subsidiary of Lafarge Corporation, proposes to conduct aggregate mining operations adjacent to the South Platte River on property located in southern Weld County. Prior to any surface disturbance associated with drainage improvements or other activities on the property, a habitat assessment and presence/absence survey for Preble's meadow jumping mouse (Zapus hudsonius preblei) was conducted in compliance with the Endangered Species Act (ESA) of 1973, as amended, and guidelines prepared by the US Fish and Wildlife Service (1999). The Preble's meadow jumping mouse (Zapus hudsonius preblei) (PMJM) is currently listed as"threatened"under the Endangered Species Act (ESA) (63 Fed. Reg. 26517, May 13, 1998). Pursuant to this listing, the ESA Section 7 requires consultation for any activities associated with a federal action, including activities requiring a Section 404 permit for dredge and fill activities under the federal Clean Water Act. Typically, consultation in this case would require that a presence/absence survey for PMJM be conducted in areas containing PMJM habitat. Alternatively, it is recommended that a habitat assessment be prepared for areas not likely to support the mouse. The PMJM occurs along stream courses and moist drainages within a narrow corridor at the base of the Rocky Mountains from Casper, Wyoming to Colorado Springs, Colorado. Habitat requirements of this mouse are currently poorly understood; however, a review of current literature provides some indication of habitat associations for the PMJM. Typically, this mouse occurs below 7,800 feet in elevation, generally in lowlands with medium to high moisture (USFWS 1998, Natural Heritage Program 1996) along permanent or intermittent streams and canals(Ryon 1996, Meaney et al. 1996). The mouse occurs in low undergrowth consisting of grasses and forbs, in open wet meadows, riparian corridors near forests, or where tall shrubs and low trees provide adequate cover (USFWS 1998, Meaney and Clippinger 1995). A comparison of vegetation structure and dominant plant species between sites historically and currently occupied by PMJM in Colorado found that the species is apparently restricted to multi-strata, stream-side vegetation often in association with willow shrubs(Salix spp.) and thick herbaceous undergrowth(Ryon 1996, EG&G 1993). Habitat disturbing activities connected to a federal nexus (such as Section 404 permits) that are within areas occupied by PMJM require a Formal Section 7 Consultation under the ESA. Areas determined not to be occupied by PMJM, either by a habitat evaluation or presence/absence survey, do not require Section 7 Consultation. Section 7 Consultation usually requires a Biological Assessment that evaluates alternatives (Including avoidance) to the habitat disturbing activity, predicts impacts to PMJM, and develops mitigation and monitoring activities. Activities within potential PMJM habitat but not connected to a federal nexus will be regulated under Section 9 of the ESA. Riverbend.doc 08/07/00 9:50 PM 2 Riverbend Preble's Meadow Jumping Mouse Survey The proposed project will not impact any jurisdictional wetlands and thus will not require any 404 permits. Objectives The objectives of this survey was to: • Determine the suitability of habitat within the project site to support PMJM. • Conduct live-trapping surveys to determine the presence or absence of PMJM within all potential habitat located on the project site. 2.0 PROJECT DESCRIPTION Mobile Pre-Mix Concrete, Inc., proposes to conduct aggregate mining operations adjacent to the South Platte River on property located in southern Weld County(Exhibit A). This project proposes to disturb 120 acres on a total permit area of 237 acres. The remainder of the area will consist of setbacks (200 feet from the South Platte River) and road right- of-ways. The Riverbend operation will process approximately 800,000 tons of aggregate per year over the 10-15 year life of the project. The area will be mined in 5 phases, limiting the area of disturbance at any one time. 3.0 STUDY AREA AND METHODS Ecological Condition/Management History The project site is located north of Weld County Road 6, south of Weld County Road 8 and immediately west of State Highway 85 in Weld County, Colorado (Exhibit A). This site has historically been used for agriculture, including livestock grazing and the production of row crops such as wheat and corn. The project site contains two large meanders of the South Platte River that generally divides the site into a northern and southern portion. The northern portion of the project site is currently fallow and dominated by invasive weedy vegetation such as kochia(Kochia iranica) and sunflower(Helianthus annum). A narrow band of plains cottonwoods (Populus deltoides) Siberian elm(Ulmus pumila) and peachleaf willow(Salix amygdaloides) borders the western side of the river. Much of the river bank has been fortified with riprap and the understory vegetation is dominated by reed canarygrass(Phalaris arundinacea), poison hemlock (Conium maculatum), whitetop (Cardaria pubescerns), wild licorice (Glycyrrhiza lepidota), smooth brome (Bromopsis inermis) and cheat grass (Bromus tectorum). The southern portion of the project site has been heavily impacted by horse and cattle grazing. Much of this area is severely degraded and is characterized by extensive bare ground and weedy fords. An active prairie dog town, approximately 50 acres in size Riverbend.doo 08/07/00 9:54 PM 3 _ J13 ►w V t 18 .� 17 '_ . • o � 71 - ty Survey Area ` a` _ j, ,\ /.I %It an -. i �j(( tiadot .:24- s /( -Well �.•Potential sx. ▪ ', PMJM .. ---,...—)19 f Habitat \ _ - - .; ,..mimics _ f . ! - a4�1001 00iP tl s9Si' Wilq .Y•r 4950 R '. ^ '% Wattenberg L ; ( ' •. _ :t-__ 30 '. -- 4 . tii,/ \\.,.) \. ill .14.)."'Itill it.t..\41 I ,: lii: 6 (-, 1 0 1 ,, . - ,k..\ 1-1(..... ] -\'\i") : i 0 , ) : 73 ( 4i cs,.$ ..*•.6 . i : 1 . -4) if foe? ...., _ , , • PrintedflnmTOPO! 01998 Wildflower Productions I Exhibit A Prepared by: Site Map of Riverbend Survey Area DA TI MBI Environmentalre:„\\ N Weld County,Colorado Is] Plum Creek Place _- Fort Lupton Colorado Quadrangle Littleton,CO. 80126 DA TI MBI (303)470-7598 EIMRORMFMRL Riverbend Preble's Meadow Jumping Mouse Survey dominates the southern portion of the site with vegetation dominated by kochia, field bindweed (Convolvulus arvense) and other weedy species. Riparian vegetation along the South Platte River is also severely degraded. Vegetation within the riparian zone is characterized by widely dispersed mature and decadent plains cottonwood trees with a severely grazed understory (Photograph 1). Grazing has prevented regeneration of cottonwoods and the establishment of any shrub riparian component. Most of the riverbank is characterized by steep cutbanks reinforced by riprap and debris (old car bodies) (Photograph 2). Large sandbars have been deposited along the river, particularly on the inside bend of the two large meanders. Much of the eastern bank of the river is heavily fortified with concrete debris(Photograph 3). One of the larger cottonwoods in the southern portion of the project site has a large hallow approximately 8 meters off the ground that apparently was used as a nest site for a pair of Canada geese in 1999 (Photograph 4). Methods The project site was surveyed on foot in April 2000 following USFWS guidelines (1999) to determine the suitability of the area to support PMJM. Surveys for the presence or absence of PMJM were conducted from 26 June through 01 July, 2000 in the best potential PMJM habitat available on the project site. Survey protocol followed guidelines provided by the U.S. Fish and Wildlife Service (USFWS, 1999), and consisted of live-trapping techniques using Sherman(H.B Sherman Traps, Inc., Tallahassee, FL.) live-traps (3 x 3 x 10 and 3 x 3.5 x 9 in.) baited with omolene (Oats and cracked corn coated with molasses). Trapping involved parallel lines of trap stations positioned within the best available habitat. Traps were spaced at approximately 10-meter (m) intervals in all potential habitat, including moderate to low quality potential habitat. Total survey efforts exceeded the minimum required (750 trapnights) by the USFWS and consisted of 800 trapnights over a period of five consecutive nights. 4.0 PREBLE'S MEADOW JUMPING MOUSE SURVEY RESULTS Habitat Assessment The entire project site has been impacted by agriculture. Invasive and introduced weeds, including thistle (Cirsium spp.), kochia and sunflower are common throughout the site. Most of the riparian area associated with the South Platte River and various canals and irrigation ditches on the site have been severely degraded and provide very low quality wildlife habitat. Vegetation along the South Platte River consists of thick, rank grasses dominated by smooth brome, and reed canarygrass (Phalaris arundinacea). Invasive and introduced forbs such as Canada thistle (Cirsium arvense), goldenrod (Solidago spp.), hemlock, and dogbane (Apocynum spp.) dominate the herbaceous vegetation. A few scattered patches of shrub riparian exist in area protected from grazing. These areas contain snowberry(Symphoricarpos sp.), chokecherry(Prunus virginiana), wild plum (Prunus americana) and Woods rose (Rosa woodsii). Riverbend.doc 08/09/00 4:30 PM 4 - Al; fg-; .$ - 1 14111 " • < ,. 14 ^ t tea y YI • Photograph I (Top). Typical riparian vegetation at Riverbend site Photograph 2 (Bottom). Steep cutbanks and lack of understory typical of Riverbend site DATI MBI ENVIRONMENTALRiverbend Project- Weld County, Colorado .mss VI --^'f11 µ .sn541:f 1,1*/r«v ;Ru'isSML e , •w-x :11'., ..uG&ua'u I t n � T- I A o— • NC ,, t+i : "4 Photograph 3 (Top). Riprap bank stabilization characteristic of Riverbend site Photograph 4 (Bottom). Nest site for Canada Goose DA TI MBI ENVIRONMENTALRiverbend Project- Weld County, Colorado Riverbend Preble's Meadow Jumping Mouse Survey Most of these small patches of shrub vegetation are inadequate to provide habitat for PMJM; however, one patch of willow riparian exists along the river in the southern portion of the project site(Exhibit A). This area is characterized as a narrow linear patch of sandbar willow (Salix exigua) intermixed with small cottonwood and elm trees (Photograph 5). Understory vegetation is dominated by rank grasses and early successional forb species (Photographs 5 and 6). This area provides low quality potential PMJM habitat and will need clearance surveys prior to any habitat disturbing activities in the area. Presence/Absence Survey No PMJM were captured during a total of 800 trapnights over five consecutive nights. A total of 246 captures were recorded with deer mouse (Peromyscus maniculatus) dominating captures (101 captures or 41%). Other small mammals captured included house mouse(Mus musculus) (51 captures or 20.7%), meadow vole (Microtus pennsylvanicus) (25 captures or 10.2 %), prairie vole (M. Ochrogaster) (47 captures or 19.1 %), and western harvest mouse (Reithrodontomys megalotis) (22 captures or 8.9 %). Thirty-four of 800 traps (4.2 %) were sprung without a capture of an animal. Total open available traps was 65 percent. Other animal or animal sign observed included raccoon (Procyon lotor), mule deer (Odocoileus hemionus), white-tailed deer (O. virginiensis), coyote (Canis latrans) and cats (Felis domesticus). Soils and Hydrology Soils within the project site are classified as Bankard sandy loam and Aquolls and Aquents, gravelly substrate (NRCS 1974). These soils are deep, nearly level soils that are excessively drained and formed in alluvium. The Bankard sandy loam is generally not suited to the establishment and growth of trees and shrubs. Hydrology of the site consists of the perennial South Platte River and seasonal irrigation ditches, including the Lupton Bottom Ditch and the McCann Seep. Human Development/Disturbance in Survey Area The area has been impacted by human activity including historical farming, livestock grazing, water diversion for irrigation, farmsteads and highway construction. 5.0 CONCLUSION AND DISCUSSION A Habitat Assessment was conducted on April 12, 2000 at a proposed aggregate mining area on the Riverbend Operation in Weld County, Colorado. Most of the area contains no habitat typically associated with the presence of PMJM; however, one linear patch of potential PMJM habitat exists on the site and did require clearance surveys. Based on the Habitat Assessment a Presence/Absence survey for PMJM was conducted from 26 June through 1 July, 2000 in all potential PMJM habitat. No PMJM were captured during a total of 800 trapnights over five consecutive nights. Rivcrbend.doc 08/07/00 9:54 PM 5 r ,.. hg ti .at*ivtl max\ y, i• ' I&., "...1 '," oaf' , `\' +n ' �l G' q.'j}�y, ,ti • ° rJ✓ pr'''o +: w a .l tc= ,c / ,,...111`,,m-h. " , y"2'... tl r Flak.^✓ '. F i 7 v 't r r�x .t ,t�y�v av rNN -712,... :\,....: v.,: v„ ,P• � i. �' fi . 1 , F`f } y � �S"C- }: , ..{. .x' F � . M rt... ,-.` �....l pa H L x I . !I tli" l,p f µil k i r tl•li r l a 3tl :SiM1 \ * yr: li „i *.4.1,11?'" � ..� „12c',. h ,l" Ae; A 4" }' y F e 1.:',,,c.5rk ttj{s t. •` P-. '*•• - , ? • l h. �T! RiWp eV _ ,' . M? l f' -` .� .. is 7.' % ' _ � c , 11 Photograph 5 (Top). Riparian vegetation patch at Riverbend Project site Photograph 6 (Bottom). Shrub willow riparian vegetation at Riverbend Project site DA TI MBI Riverbend Project WeldCounty,Colorado EPVIRONIAFNTN Riverbend Preble's Meadow Jumping Mouse Survey Based on 800 nights trapping effort it appears highly unlikely that PMJM presently exists along this portion of the South Platte River because of the following: • No captures of PMJM. • Limited shrub habitat and lack of lush dense understory preferred by the PMJM. • Fragmentation of available habitat and barriers to movement between patches. • Previous disturbance (severe grazing). • No known existing populations along the South Platte River. • Numerous predators including free roaming house cats. 6.0 QUALIFICATIONS OF SURVEYOR Mr. Beane is a certified ecologist and a Zoology Research Associate with the Denver Museum of Natural History. Ile has performed small mammal investigations for more than 14 years throughout the Western US. He has completed more than 50 Habitat Assessments and 40 Presence / Absence Surveys for PMJM over the last four years. 7.0 SITE INFORMATION Location: Western 1/2 Section 19, TIN, R66W, Fort Lupton, Colorado Quadrangle. UTM's: 13 S 4431400 N / 514725 —515225 E Elevation: 4,910 to 4,930 feet Soils: The NRCS (formally USSCS) has defined the soils at this location as Bankard sandy loam and Aquolls and Aquents, gravelly substrate. Site Hydrology: Perennial River (South Platte) Proposed Construction: Aggregate mining Riverbend.doc 08/07/00 954 PM 6 Riverbend Preble's Meadow Jumping Mouse Survey 8.0 REFERENCES CITED EG&G. 1993. Report of findings: 2nd year survey for the Preble's jumping mouse. Prepared by Stoecker Ecological Consultants for ESCO Associates Inc., September, 1993. Meaney, C.A. and N.W. Clippinger. 1995. A survey of Preble's meadow jumping mouse(Zapus hudsonius preblei) in Colorado. Prepared for Judy Sheppard, Colorado Division of Wildlife. Meaney, C.A.,N.W. Clippinger, A. Deans, and M. O'Shea-Stone. 1996. Second Year Survey for Preble's Meadow Jumping Mouse(Zapus hudsonius preblei) in Colorado. 15 November. Prepared for Colorado Division of Wildlife. Natural Heritage Program. 1996. Vertebrate characterization abstract(State) Zapus hudsonius preblei. Ryon,T.R. 1996. Evaluation of historical capture sites of the Preble's meadow jumping mouse in Colorado. Final Report. MSES Thesis University of Colorado at Denver. May I. United States Soil Conservation Service(USSCS). 1974. Soil Survey of Weld County, Colorado. U.S. Department of Agriculture Soil Conservation Service. U. S. Fish and Wildlife Service(USFWS). 1999. Survey Guidelines for Preble's Meadow Jumping Mouse. USFWS, Colorado Field Office. Rivcrbcnd.doc 08/07/00 954 PM 7 Riverbend Preble's Meadow Jumping Mouse Survey Appendix A - Summary of PMJM Trapping Riverbend.doc 08/07/00 9.54 PM 8 Summary of PMJM Trapping Riverbend ANNUAL REPORT OF SCIENTIFIC COLLECTION OE MAMMALS,BIRDS,AMPHIBIANS AND REPTILES 2000 STATE PURPOSE FOR COLLECTION: Presence/absence surveys for Zapus hudsonius preblei Species Number Taken Collection Location ' Traps Common Name Code Date Adult Young Total Denver-Metro Area Sprung/total Male Female hilt Male Female Unk Male Female link County T/R/Sect. UTM-N UTM-E Riverbend 0 0 0 Weld IN/66W/19 Peromyscus maniculatus PEMA 6/27/00 3 10 7 2 10 12 0 Weld IN/66W/19 0/160 Mus musculus MUMU 6/27/00 6 2 1 6 3 0 Weld 1N/66W/19 Microtus pennsylvanicus MIPE 6/27/00 3 3 0 0-Weld 1N/66W/19 Microtus ochrogaster MIOC 6/27/00 2 4 2 2 6 0 Weld IN/66W/19 Reithrodontomys megalotis REME 6/27/00 2 3 I 2 4 0 Weld 1N/66W/19 Peromyscus maniculatus PEMA 6/28/00 7 9 1 9 3 1 16 12 2 Weld IN/66W/19 0/160 l — Mus musculus MUMU 6/28/00 9 2 1 9 3 0 Weld IN/66W/19 Microtus ochrogaster MIOC 6/28/00 I 1 I I 2 2 0 Weld 1N/66W/19 Reithrodontomys megalotis REME 6/28/00 2 1 2 1 0 Weld IN/66W/19 Peromyscus maniculatus PEMA 6/29/00 8 5 3 2 2 I1 7 2 Weld 1N/66W/19 23/160 Mus musculus MUMU 6/29/00 10 2 _ 2 12 2 0 Weld IN/66W/19 Microtus pennsylvanicus MIPE 6/29/00 2 I I I 1 2 2 Weld IN/66W/19 Microtus ochrogaster MIOC 6/29/00 3 1 5 2 3 1 7 Weld 1N/66W/19 — Reithrodontomys megaotis REME 6/29/00 4 3 4 3 0 Weld IN/66W/19 Unknown 6/29/00 2 0 0 2 Weld 1N/66W/20 Peromyscus maniculatus PEMA 6/30/00 6 3 2 8 3 0 Weld IN/66W/19 0/160 Mus musculus MUMU 6/30/00 2 3 2 3 0 Weld 1N/66W/19 Microtus pennsylvanicus MIPE 6/30/00 I 4 1 2 2 4 2 Weld 1N/66W/19 Microtus ochrogaster MIOC 6/30/00 4 4 2 I 2 6 5 2 Weld IN/66W/19 Reithrodontomys megalotis REME 6/30/00 3 3 0 0 Weld IN/66W/19 - Peromyscus maniculatus PEMA 7/1/00 3 4 _ 8 3 II 7 0 Weld 1N/66W/19 11/160 MUs musculus MUMU 7/1/00 7 I I I 1 8 1 2 Weld IN/66W/19 Microtus pennsylvanicus MIPE 7/1/00 4 4 1 4 5 0 _Weld IN/66W/19 Microtus ochrogaster MIOC 7/1/00 2 3 I 2 3 4 6 I Weld IN/66W/19 _ Reithrodontomys megalotis REME 7/1/00 2 I 2 1 0 Weld 1N/66W/19 Riverbend Preble's Meadow Jumping Mouse Survey Appendix B —Survey Field Data Compilation Form Rivcrbend.doc 08/07/00 9'54 PM 9 SURVEY FIELD DATA COMPILATION FORM Zapus hudsonius preblei, Preble's Meadow Jumping Mouse (submit this field data form with the survey report) Z. h. preblei found? Yes EJ Nokl Date of Survey 2 b J 4-n - D/ J t,&.1y Surveyor: .Ko.y,a< f Organization/Company DeA, 0\ 6 '1 L V i rch-v Vv‘ejJA I Full names) �`t'1"°j c' D . 1 3.x Ye t Location: } � V e r 6 e tn� Descriptive site name (creek, nearby road intersection, etc.) ` C3ui�^ ier v� t o ' 1).--)e 16 GD c . v\-t 7 Le n a ck USGS quad name _Ern L LAO oin county LLie c• Elevation '41 Section(s) 112._ 1 Township(s) ( N Range(s) 1O to I-0 U I'M Coordinates, Zone 13 Northing_. LE. .-2_ Easting_ 5-19 72-5 —`� i Za Directions to location Lk-r>1 e5 4a_ < ue-E C uLrie,n{ 7 etc4 8 P !.)e^er\ e)` -4 1th, f-Or: Land ownership—.. 1"r f -tf Habitat: D,�—{ w��e S k i p od\(a v\ General habitat description 4e.1-1 Lt.? Crr\ rto 4:-.1 c ((1 t u� S it/itrcAA) / . ev,4f30f t-, Dominant plant community _. a X b (A 11 MO Drainage Type: Perennial Stream Ephemeral StrearnD Pond/Lake❑ DitchD Other❑ Trapping Information: Type of trap S Type of bait (DJ/vAt: Percent available (unsprung) ' 4>0 Number of nights trapped Total trapnights altDO Weather conditions prior to and during survey Hcr / Dr y Associated animal species (especially urban predators, rats house mice) �ot�,ae i vui Q /CAR )(I Sketch of surveyed area showing trapiincs, specific area disqualified (can be done on required USGS map of site if appropriate: se_j_ :,L52uo9.Dua4,2661 ` ,Jan-25-01 17:47, Page 2/2 01/25/01 13:56 FAX 303 275 2371 US FISH & WILDLIFE V002/002 ✓_ _ ^ , .= United States Department of the Interior FISH AND WILDLIFE SERVICE Ecological Services —"a- 755 Parfet S`tteet, Suite 361 Lakewood, Colorado 30215 IN REPLY REFER TO: FS/CO rS/Specirz/Plants/ Spirsnibcs diluvialis/ Survey Reports Mail amp 65412 LK January 25, 2001 Mary L. Powell ER() Resources Corp 1847 Clarkson Stitt Denver, Colorado 80218 Dear Ms. Powell: This letter is a correction to a letter from our office to you in September 2000 regarding the the ladies'-tresses orchid (Spiranthes diluvialis) survey report for Tuttle-Applegate's proposed aggregate mining operation at the River Bend Parcel in Weld County, Colorado. As noted in your January 11, 2001 letter,the correct legal description of the property is Township 1 North, Range 66 West, Section 19. We appreciate your submitting this correction to our office_ If the Service can be of further assistance, please contact Jan McKee at (303)275-2370. Since( i J`r. , (7 LeRoy W. arlson Colorado Field Supervisor cc: U.S. Army COE; Littleton, CO (Attn.: Terry McKee) Reference: JPM*TaE\ORCFIIDt2000\SDERO020924.000.wpf • . EXHIBIT 1 /4 1US12 /aSq lluttleApplegate,Inc. Consultants for Land, Mineral and Water MEMORANDUM TO: Sheri Lockman TA JOB#99-138 COPIES: Duane Bollig, Lafarge File 99-138 FROM: Bill Schenderlein, Tuttle Applegate DATE: December 22, 2000 SUBJECT: Riverbend Operations Board of County Commissioners Hearing Weld County Case Number USR-1259 Sheri, This memo is to update you on the agreement between mineral rights owners on the Riverbend property and Western Mobil Inc., a subsidiary of Lafarge Corporation (Lafarge). To the best of our knowledge, HS Resources is the sole mineral rights leaseholder on the property. Maps have been created identifying HS Resources wells, tanks, and transmission lines. We (Lafarge project manager Duane Bollig and representatives from Tuttle Applegate) have met with representatives of HS Resources to discuss formulating an agreement. We are currently in the process of exchanging information and conceptualizing alternatives. It is the full intent of everyone involved to have an agreement in place within the next month and prior to the Board of County Commissioners Hearing. We will forward additional information and a copy of the finalized agreement when they become available. EXHIBIT 14. 1z 0, use 4#/.259 11990 Grant Street, Suite 304 • Denver,CO 80233 • 303-452-6611 • Fax 303-452-2759 / � I ICS L A Davis Graham & Stubbs 1. L P December 14, 2000 Weid Cough/ )4C r;inp '.lept mu n � q Colorado Mined Land Reclamation Board R C € 3 D Division of Minerals and Geology 1313 Sherman Street, Room 215 Dens er, Culoardo 80203 Re: Proposed Gravel Mine in Section 19 Township I North, Range 66 West, Weld County, Colorado To Whom It May Concern: This law firm represents HS Resources, Inc. ("HSR"). HSR was recently informed by a representative of the surface owner of the above captioned lands that a gravel mine is being proposed for the west half(W/2) of Section 19, although more specific information concerning the proposed development has not been furnished to HSR. It is also our understanding that the surface owner is currently seeking, or will be seeking, a special use permit from the Weld County Department of Planning Services. HSR has not received notice of a public hearing from Weld County concerning a special use permit application for the proposed gravel mine, nor is HSR aware of a public notice from your agency concerning an application for the proposed gravel mine. In any event, you should be aware of HSR's mineral rights in Section 19. In addition to existing wells located in the SW/4SW/4 and SW/4NW4 of Section 19, HSR also owns the right to explore for and develop its mineral rights in Section 19, including those portions of Section 19 where the proposed gravel mine may be located. A Notice of Oil and Gas Interests and Surface Use indicating IISR's leasehold interests. as well as a plat depicting allowable future drillsite locations under the applicable rules of the Colorado Oil and Gas Conservation Commission, are enclosed for your review. At this time, I ISR and the surface owner have not executed a surface use agreement covering Section 19 and the proposed gravel mine. HSR requests that your agency consider its EXHIBIT a J use #1..6q Decccibar.4.20011 I2:I epu Dusttn M.Ammons 303 892 7488 du stln.arnrnons@dgslaw corn J Seveng•� r 3. ,rt tl r,. err „I vdd.,, .r, - December 14, 2000 Page 2 existing wells in Section 19, as well HSR's right for future development, as you evaluate the proposed gravel mine during the permitting process. Very truly yours, —tatDustin M. Ammons for DAVIS GRAIIAM &STUBBS LLP DMA/jw Enclosures cc: Weld County Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 Mr. Duane Bollig - Land Manager Lafarge Corporation P.O. Box 215001 Denver, Colorado 80221-0599 J. Wason of HS Resources (without attachments) 11111111111111111111111 IP X1111 !1111111111111 III 11111 2747882 02/03/2000 02:__. JA Suki Tsukamoto 1 of 2 R 10.00 0 0.00 Weld County CO gz NOTICE OF RIGHT TO USE SURFACE OF LANDS THE UNDERSIGNED, James P. Wason, as Denver Basin Land Supervisor, of HS RESOURCES, INC., a Delaware corporation ("HSR"), whose address is 1999 Broadway, Suite 3600, Denver, Colorado 80202, on behalf of HSR, states as follows: HSR is the owner of or has the right to an undivided interest in and to those certain Oil and Gas Leases set forth on Exhibit "A" attached hereto and by this reference made a part hereof, as same may be amended, (hereinafter referred to as the"Oil and Gas Leases"). The undersigned is familiar with the terms and conditions of the Oil and Gas Leases and hereby confirms such as a valid and subsisting Oil and Gas Leases which are within or have been extended beyond their primary terms by the actual drilling and production from a well or wells capable of producing oil and/or natural gas on lands covered by the Oil and Gas Leases or lands which have been pooled or unitized therewith. HSR, its agents, employees, designees, co-owners, successors and assigns hold certain rights to use and access the surface of the lands described below for the purpose of, among other things, DRILLING OR COMPLETION OPERATIONS OR CONTINUING ACTIVITIES FOR THE PRODUCTION OR TRANSPORTATION OF OIL, GAS, OR OTHER HYDROCARBONS OR PRODUCTS ASSOCIATED WITH THE FOREGOING INCLUDING, BUT NOT LIMITED TO, SURFACE USE, INGRESS TO, EGRESS FROM, AND CONSTRUCTION, MAINTENANCE, REPAIR, REPLACEMENT, AND MONITORING OF WELLS, LOCATIONS, EQUIPMENT,MUD AND RESERVE PITS, WELLHEAD EQUIPMENT, SEPARATORS,TANK BATTERIES, PIPELINES, GATHERING LINES, FLOWLINES, PIPELINE INTERCONNECTIONS,AND ANY AND ALL OTHER REASONABLE OR CUSTOMARY USES OF LAND RELATED TO SAID OPERATIONS OR ACTIVITIES. ALL OF SUCH SURFACE USES ARE SUBJECT TO THE TERMS SET FORTH IN THE OIL AND GAS LEASES,AT LOCATIONS WITHIN THE FOLLOWING DESCRIBED LANDS: Township 1 North , Range 66 West.6th P.M. Section 19: W/2; NOTICE is hereby provided to all interested parties, including any surface owners, their heirs, assigns and successors-in-interest that HSR has an ongoing right to use the surface of the lands described above for any use as allowed by the Oil and Gas Leases now or at some future date. Certain Oil and Gas Leases may contain specific provisions restricting HSR's surface uses and occupancy. This Notice shall not apply to those Oil and Gas Leases containing such provisions. The provisions of each Oil and Gas Lease may be determined by examining the document as recorded on the Weld County records at the book and reception number provided on the attached Exhibit "A". This notice is intended to remain in force for as long as the Oil and Gas Leases, or any extensions or renewals thereof remain in effect as to the above described lands or any portion thereof. However, nothing herein contained shall be construed to limit the rights or enlarge the obligations of HSR or any other party owning an interest in said lands or Oil and Gas Leases. Further, this notice shall not be construed to modify or disclaim any interest HSR or any other party may have in any other valid lease or leases which along with the Oil and Gas Leases may form a part of a pooled or unitized area for an existing well or which may become part of a future spacing unit or pooled area or may actually cover an interest in the specific lands herein described. HS RESOURCES,INC. By: J es P. on ti nver Ba Lan• " pervisor STATE OF1cOpRADO ) .. ) �'TY AND.ecv wry (1f• IIr.NVHK ��, .ir Th • fore oing instrument was acknowledged before me thisk"V day of January, 2000, by James P. Wason,'as Yonne Tiasib Land Supervisor of HS Resources, Inc.,a Delaware corporation. WITNESS my hand and official seal. \mil LD ► J ' i Notary P lic Address: 1999 Broadway,Suite 3600 Denver,CO 80202 My Commission expires: 3— -1 -aeW EXHIBIT "A" Page 1 ATTACHED TO AND MADE A PART OF NOTICE OF RIGHT TO USE SURFACE OF LANDS SEC. 19: W/2; Ti N-R66W NN WELD COUNTY, COLORADO a A�_ ti.�. CO N CO N M - !SE. �gR.� s fS5 .. , . ._.. ...:DATE BOOK. ..._...__... ..Y �. .... �..�_ _..�._ ._.r..�.,.. ""-• :1 Q`;.T'WP.,: .RANGE SECTION DESCRIPTION : -' IMMO • n O CO-004467-000 OCKER ET AL, W{LLIAM GILMORE, REED 07/02/71 650 1572159 1N 66W 19 25.0 AC TRACT IN NW/4 cr.rim nc,w ENERGY MINERALS 19 51.4 AC TRACT IN NW/4 O o.r,.. •CO-000706-000 DAVIS E7 UX, JOHN H. CORPORATION 05/15/70 627 1548861 1N 66W oNr... 19 89.00 AC IN NW/4 LYING ." .�. WEST OF SOUTH PLATTE EL'z � CO-004466-000 OCKER ET A;.. CHARLES GILMORE, REED 07/02/71 650 1572160 1N 66W RIVER C,�...JIM DAMIANA, F l , JK& DAMIANA, HELEN 19 LT 2, EI2SW/4 (SW/4) C Col CO-003047-000 LOUISE T. S. PACE 04/11/70 625 1547399 1N 66W — mom c-,-I O M G E- . err„ O / Page 1 EXHIBIT B Colorado Oil and Gas Conservation Commission GREATER WATTENBERG AREA Special Well Location Rule 318 A 320 Acre Spacing Unit 2640• 400' 600' 920' 460' .-920' 460' 400' 800' E1 m T920 '-� 4,60 920' n 460' 400' x 400' Sec.H - T ! N - Rk: 111/ 800' x 800' 1000 F1 Scale 211d 1VNIOIèIO 33S dVIPJ 2ZlSèI2AO — ThttleApplegate,lnc. Consultants for Land, Mineral and Water December 22, 2000 Lupton Bottom Ditch Company Board of Directors Greeley, Colorado RE: Lafarge Riverbend Operation and the Lupton Bottom Ditch Directors: This letter agreement pertains to the Lafarge Riverbend Operation and its potential affect on the Lupton Bottom Ditch and associated facilities. The proposed sand and gravel mine site is located in Weld County, Colorado. The property covers approximately the western half of Section 19, Township 1 North, Range 66 West of the sixth Principle Meridian and includes a portion of the South Platte River and a headgate for the Lupton Bottom Ditch. The headgate and a short reach of the ditch (approximately 600 feet) are located within the property boundary along the western edge of the proposed site. As proposed in the mining plan, it is expected that the headgate structure and ditch will not be disturbed. Mining and reclamation of the pits will remain at least 200 feet from the headgate structure. In addition: • No dewatering flows will be added to the ditch during mining operations. • To control seepage into the pit located on the west side of the South Platte River, the pit area adjacent to the Lupton Bottom Ditch will be backfilled to create 3H:1 V slopes as soon as practicable after mining near the ditch is complete. The backfill adjacent to the ditch will contain compacted material similar to pit liners constructed for water storage reservoirs (as presented in the Riverbend Operation Regular 112 Operation Reclamation Permit). Alternatively, a setback distance equal to twice the pit depth will be maintained from the crest of the ditch to the top edge of the pit wall. EXHIBIT use-41-b2,5-9 5190 Grant St. • Suite 304 • Denver, CO 80233 5441 Boeing Drive • Suite 200 • Loveland, CO 80538-8855 1)31) xb? 561 1 • Fax (303) 452-2759 (970) 461-9884 • Fax (970) 613-1177 • For headgate and ditch maintenance and operation, access across the site will be allowed for Lupton Bottom Ditch personnel or their representatives. Lafarge Corporation does not own the property to be mined and, therefore, cannot assure permanent access across the property. However, during mining and reclamation activities, roads will be available and access will be allowed for the maintenance and operation of the ditch and headgate facilities. • The course of the South Platte River within the permit boundary will not be changed due to mining or reclamation activities. The South Platte River bank adjacent to the mining operation north of Weld County Road 6 features significant existing concrete rubble armoring to stabilize the main channel alignment. The effectiveness of the existing concrete rubble will be measured, monitored, and evaluated for channel stabilization. If necessary, Lafarge Corporation will provide additional stabilization within the permit boundary. However, outside the permit boundary, Lafarge Corporation cannot guarantee the stability of the riverbank or the main channel alignment. Consistent with permitting requirements, Lafarge agrees to provide compensation for any unforeseen damage to the Lupton Bottom Ditch or associated structures caused by mining activities. IN AGREEMENT: IN AGREEMENT: Mr. Howard Cantrell Mr. Duane Bollig Secretary Treasurer, Board of Directors Project Manager Lupton Bottom Ditch Mobile Pre-Mix Concrete, Inc., a subsidiary of Lafarge Corp. hdtleApplegate,Inc. Consultants for Land, Mineral and Water December 22, 2000 Weld County Depaitment of Planning Services 1555 N. 17th Avenue Greeley, Colorado 80631 RE: Lafarge Riverbend Operation, Weld County Case Number USR-1259 To Whom It May Concern: This letter pertains to the Lafarge Riverbend Operation and its potential affect on the drainage labeled as the "McCann Seep" on the Pre-Mining/Mining Plan Map. The proposed sand and gravel mine site is located in Weld County, Colorado, west of State Highway 85. The property covers approximately the western half of Section 19, Township 1 North, Range 66 West of the sixth Principle Meridian and includes a portion of the South Platte River. It appears the seep was mislabeled "McCann Seep" during preparation of the Riverbend Operation Pre-Mining/Mining Plan. The seep crosses under Weld County Road 6, entering the proposed site from the south and draining north to the South Platte River, but it does not appear to be associated with the McCann Ditch. Flows within the drainage originate from irrigated lands west of State Highway 85 and immediately south of the project site (between Weld County Roads 4 and 6). The McCann Ditch is located west of State Highway 85 as it runs north into Weld County, but it crosses to the east side of the highway south of Weld County Road 4. As it continues north, the ditch remains on the east side of the highway and no laterals or structures connecting the ditch to the seep drainage area have been found. Additionally, current property deeds and associated easements do not indicate a property transfer or easement for the McCann Ditch and Reservoir Company through the Riverbend parcel. Both county and ditch company records were reviewed and documentation of a ditch lateral or easement across the Riverbend parcel was not found. Representatives of the McCann Ditch and Reservoir Company were also contacted directly. They were not aware of any McCann Ditch laterals within the Riverbend parcel. 1 5390 Grant St. • Suite 304 • Denver, CO 80233 5441 Boeing Drive • Suite 200 • Loveland, CO 80538-8855 .=((3) 4?? ,),-)11 • Fax (303) 452-2759 (970) 461-9884 • Fax (970) 613-1177 A site visit was conducted with ditch company representatives to look for active or historic headgates, laterals, and other structures connecting the seepage ditch to the McCann Ditch. No connecting structures were found. Therefore, based on county and ditch company records, discussions with ditch company representatives, and field investigations, operations of the McCann Ditch will not be affected by the proposed mining plan. Sincerely, Tuttle Applegate, Inc. William Schenderlein Project Engineer cc: Duane Bollig File 99-138 BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS: ` \ \(t% 3 ,20p\ . THE SIGN SHALL BE POSTED ADJACENT TO AN VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FORA SPECIAL REVIEW OR CHANGE OF ZONE IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL 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. I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COUNTY COMMISSIONER'S HEARING FOR CASE USt- )a,S1THE SIGN WAS POSTED BY: LHvQ , t- ' HT NAME O PERSON POSTING SIG GNATURE FOR PERSON POSTING SIGN STATE OF COLORADO ) )ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS /LI DAY OF 7"7cvzch , 20 U r NOTARY BLIC MY COMMISSION EXPIRES: THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE exHisiT lostitiasq L U3/13/2001 20:38 9707856368 CORKY CANTRELL PAGE 01 Cover Sheet Facsimile Transmittal Log To: (lLL SUk-1.40,{n L-EIN Fax #: _3 03 5 9 - ii41 Date: 3 L3 (al - From: 10k161 1, ANTQEGL Fax: 970 785-6368 Telephone: 970 785-2147 LI Pages transmitted, including this cover. Additional Comments: �hl (Ado tikI S 6lc. CoP`! 'fo g*old 'NE l,wPifo ,J Qo{4Otts C_or+ MlffNOr1'f 'fo <V\ ', A cc R.>i•kv- •f G k s soon R>; `L�E�ti <\kE fEJ Copy o&Z o G 1 N ►tl �(t}R11 14fr Rk\L W a WILL 11-k'JC //VT Nofoe- t 20 kN O Cd '` ► ukNE• 10PESuLLV -tlkis W1L>_ &NI Queer °WS f3j eilkk Cov w fy k( vovrt rkr.E KII Ia4 k nnS l'.okti 03/13/2001 20:38 9707856368 CORKY CANTRELL PAGE 02 ' - MAR-12-01 'ION 02:43 fM BANNER BANK - DA417,.! YAK 130998212.25! PAGE 2 JAFARGE March 5, 2001 Mr. Gene Wagner President Lupton Bottom Ditch Company P.O.Box 305 Fort Lupton,CO 80621 Re: Letter Agreement - Lafarge-Mobile Premix Concrete. Inc. (Lafarge) Riverbend Operation and the Lupton Bottom Ditch Dear Mr.Wagner: This letter Agreement pertains to the Lafarge Riverbend Operation and its potential effect on the Lupton Bottom Ditch and associated facilities. The proposed sand and gravel mine site is located in Weld County, Colorado The property covers approximately the western. half of Section 19, Township 1 North, Range 66 West of the sixth Principle Meridian and includes a portion of the South Platte River and a headgate for the Lupton Bottom Ditch. The headgatc and a short reach of the ditch (approximately 600 feet) are located within the Riverbend Project boundary along the western edge of the proposed site. This Agreement describes conumiltnents made to Lupton Bottom Ditch Company by Lafarge, related to its operations on the entire Riverbend Project, and by Donald L. Rittenhouse(Landowner)related to his property, primarily Eon I and 2 of the S W 14 of Section 19,TIN. R56 W of the 6th Principal Meridian. The headgatc structure and the ditch will not be disturbed by the proposed mining plan. Mining and reclamation of the pits will remain at least 200 feet Iron) the headgate structure, as permitted by the approved Colorado DMO mining and reclamation plan and the Weld County zoning resolutions for the project. Lafarge and/or the Landowner make the following additional commitments to ensure the reasonable operation of the Lupton Bottom Ditch. • No dewatering flows will be added to the ditch during mining operations. • To control seepage into the pit located on the west side of the South Platte River, the pit area adjacent to the Lupton Bottom Ditch will be backfrlled to create 3H:1V slopes us soon as practicable alter mining near the ditch is complete. The backfill adjacent to the ditch will contain compacted material similar to pit liners constructed for water storage reservoirs(as presented in the Riverbend Operation Regular 112 Operation Reclamation Permit). Alternatively, a setback distance equal to twice the pit depth will be maintained from the bank or edge of the ditch to the crest of the pit excavation. • Prior to the start of mining and during the mining operations, both the Landowner, Donald I.. Ritenhouse, and Lafarge agree to allow access across the Rittenhouse property for Upton Bottom Ditch personnel or their representatives to perform ditch/headgate maintenance and operation nctivities. The landowner understands these activities may include reinforcing, by placing concrete-rubble armoring, the south hank of the South WESTERN MOBILE DENVER,a tubtldlery of lafdrg•Cu,Ooret,on DENVER MET4O AGGREGATE DIVISION BOO W.64th Av..P.O.BOX 215001, Oenvt'.Crin,'aclo d0??1-O,99 Mee(3031 657,4400 far.1303)4574413 rte/13/ZuuI z0:38 9707856368 CORKY CANTRELL PAGE 03 • MAR-12-0i LION 01:44 Pk SAiNNES bANK - DA'!.7 FAX i5: 382225i EAGE 3 Lupton Bottum Ditch Co. Mardi ,2001 papa Platte Rivet on his property from time to time. Lupton Bottom Ditch will be responsible for any fence repairs, other property damage, or personal injury related to or arising from their operations on the Ritcnhousc property. • Lafarge Corporation does not own the property to he mined and,therefore,cannot assure permanent access across the property. However, during mining and reclamation activities, which are estimated to take approximately 13 years to complete, roads will be available and access will be allowed for the maintenance and operation of the ditch and headgate facilities. After the completion of the mining and reclamation activities, the Landowner will grant a perntanen!, non-exclusive access easement to Lupton Bottom Ditch Company. the specific location of this easement to be determined after mining and reclamation operations are concluded. This commitment to grant a non-exclusive easement will survive to all heirs and assigns of the current Landowner. • The course of the South Platte River within the permit boundary will not be changed due to mining or reclamation activities The South Platte River bank adjacent to the mining operation north of Weld County Road 6 features significant existing concrete-rubble armoring to stabilize the main channel alignment. The effectiveness of the existing concrete rubble will be measured, monitored, and evaluated for channel stabilization. If necessary. Lafarge Corporation will provide additional stabilization within the permit boundary. However, outside the permit boundary, Lafarge Corporation cannot guarantee the stability of the riverbank or the main channel alignment. • Consistent with permitting requirements, Lafarge agrees to provide compensation for any unforeseen damage to the Lupton Bottom Ditch or associated structures caused by mining activities. If the provisions of this Letter Agreement are acceptable. please signify your approval by signing and notarizing in the appropriate spaces below. IN AGREEMENT: IN AGREEMENT: Mr. roue Wagner—ifir Mr. Duane W. Bollig President Division Land Manager Lupton Bottom Ditch C:ontpany Mobile Premix Concrete,Inc.. a subsidiary of Lafarge Corp. itaiWet es-1 Qia,SRItrenhouse Landowner ` 03/13/2001 20: 38 9707856368 CORKY CANTRELL PAGE 04 7 ON ! VAR-12-0;� •_. V !)2:44 PM SANNER gA,tiC - D?'�-1;; F.4i;„3:..93Eii151 PAGE 4 Lupton Meta Ditch Co. ,i-- Mach 5,2001 page 3 STM'E OF COLORADO ) ss. --_, ..COUNTY OF.. iiedm`; .. i C. // This instrument was acknowledged before me this_1 EL day of_ A re. f.I- , 2001 by DuagiW ljig ,as Division Land Manager_of Mobile Premix Concrete,Inc.,a Colorado Corporation. Witness my hand and official eilil. My commission expires: _..f(.a-/ _ - ,, [SEAL) C _.__ Pu lic STATE OF WASHINGTON ) ss. COUNTY OF_Oit--/iy l;, _ .) This instrument was acknowledged before me this ,714tday of '-ill Q/1.ZJC-.. ,2001 by Donald LJ igcn !?sc ,as LandowiL_.. ^ band and official seal. ion expires: 4/r-/C- Ctt/ _. r NOfAgY f ( 1L-/.tit'. '. ' .. t'te- -4-4 ) A tt , .i s. Notary Public / jaest STATE;OF COLOTADO ) ) ss. COUNTY OF—.-_.. _1 This instrument was acknowledged before me this _ day of ,2001 by . Gene Wagn ____ . .._, as_ Pre„itcm __ of Lupton Bottom Ditch Company,a Cobrado_:. . I Witness my hand and official seal. My conunission expires: _ _ _ --__.. [S EA L] Notary Public r MAR-13-2001 15 19 LAFARGE CONCRETE 303 442 7666 P.01 AEAFARG4 FACSIMILE Date: '3 off-/ Number of pages (including_this one): CiC From:. ell4e Fax Number: 303-F57-40'i 7 To: i7Gr, 4r--AM417 Fax Number: 'a2. 3 to g' me uEq- /a5'9 �amois rat c�-ice qrG1161C tC .acv/� J �. a c. 41e ' tcf Aicsmarnil- t)" - � e�i darn a -any ai .d.:era. z=m�X �„c, •. seP Oara A?hte7fJvsr'G . nvelea Ta y,/.-roc► /h /` adoe4+�g>%c» £:t 4 1e.-;, ,o% �ii � /PDX' ��v 3v3. • of C : ytti If you do not receive all pages of this fax,or if information is not dear, please call 303-657-4540 The information contained In this facsimile message is privileged and confidential, intended for the use of the individual or entity named above. If the reader of this message is not the intended recipient or the employee agent responsible to deliver It to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication In error, please immediately notify us by telephone, and return the original message to us at the address below via U.S. Postal Service. agie Construction Materials Group/Westem U.S.Region � � Western Mobile, Inc., a Subsidiary of Lafarge Corporation o�, Metro Concrete Division 6 1400 West 64°1 Avenue, Denver,Colored- 80221 Office: 303-657-4000 . ]I1iilif 44-Se*IPPI MAR-13-2001 15:20 LAFARGE CONCRETE 303 442 7686 P.02 r♦MAR-12-01 MON C2: 39 PM BANN. BANK - DAYTON FAX: :509382225. PAGE 2 • 205 North Petit Road Dayton, WA 99328 March 12, 2001 To Whom It May Concern: Please be advised that Fred Orr is authorized to act as my representative in all matters concerning property I own in Weld County, Colorado, Sincerely, Donald L. Rittenhouse .42/4&...4 eft" Zit MI Mr.NV. N0TAPf L 114 AA / c #-G(�2�' —it/tt uau sN PUBLIC �i� et 9a:%. . .test: °.� 4ik a°'�r'�`G ,wit /f-Ga� ''�'0�C wakt1 * lam —t MAR-13-2001 15:20 LAFARGE CONCRETE 303 442 7686 P.03 MAR-12-C1 MON C2:40 PM BANdANK - DAYTON FAX: 15093822251^ PAGE 3 /', ^ FARCE March 5, 2001 Mr. Gene Wagner President Lupton Bottom Ditch Company P.O. Box 305 Fort Lupton, CO 80621 Re: Letter Agreement -- Lafarge-Mobile Premix Concrete, Inc. (Lafarge) Riverbend Operation and the Lupton Bottom Ditch Dear Mr. Wagner: This letter Agreement pertains to the Lafarge Riverbend Operation and its potential effect on the Lupton Bottom Ditch and associated facilities. The proposed sand and gravel mine site is located in Weld County, Colorado. The property covers approximately the western half of Section 19, Township 1 North, Range 66 West of the sixth Principle Meridian and includes a portion of the South Platte River and a headgate for the Lupton Bottom Ditch. The headgate and a short reach of the ditch (approximately 600 feet) are located within the Riverbend Project boundary along the western edge of the proposed site. This Agreement describes commitments made to Lupton Bottom Ditch Company by Lafarge, related to its operations on the entire Riverbend Project, and by Donald L. Rittenhouse (Landowner) related to his property, primarily Lots 1 and 2 of the SW'/ of Section 19, TIN, R66W of the 6th Principal Meridian. The headgate structure and the ditch will not be disturbed by the proposed mining plan. Mining and reclamation of the pits will remain at least 200 feet from the headgate structure, as permitted by the approved Colorado DMG mining and reclamation plan and the Weld County zoning resolutions for the project. Lafarge and/or the Landowner make the following additional commitments to ensure the reasonable operation of the Lupton Bottom Ditch. • No dewatering flows will be added to the ditch during mining operations. • To control seepage into the pit located on the west side of the South Platte River, the pit area adjacent to the Lupton Bottom Ditch will be backfilled to create 3H:1 V slopes as soon as practicable after mining near the ditch is complete. The backfill adjacent to the ditch will contain compacted material similar to pit liners constructed for water storage reservoirs (as presented in the Riverhead Operation Regular 112 Operation Reclamation Permit). Alternatively, a setback distance equal to twice the pit depth will be maintained from the bank or edge of the ditch to the crest of the pit excavation. • Prior to the start of mining and during the mining operations, both the Landowner, Donald L. Ritenhouse, and Lafarge agree to allow access across the Rittenhouse property for Lupton Bottom Ditch personnel or their representatives to perform ditch/headgate maintenance and operation activities. The landowner understands these activities may ,... include reinforcing, by placing concrete-rubble armoring, the south bank of the South WESTERN MOBILE DENVER,a subsidiary of Lafarge Corporation DENVER METRO AGGREGATE DIVISION 1400 W.64th Ave.,P.O.8OX 215001 Denver,Colorado 80221-0599 Office:(303)657-9400 Fax:(303)657'4413 MAR-13-2001 15 21 LAFARGE CONCRETE 303 442 7686 P.04 MAR-12-C1 MON C2:41 PM BAN.. BANK - DAYTON FAX: 1509382225 PAGE 4 Lupton Bottom Ditch Co. /"` March s,200I page 2 Platte River on his property from time to time. Lupton Bottom Ditch will be responsible for any fence repairs, other property damage, or personal injury related to or arising from their operations on the Ritenhouse property. Lafarge Corporation does not own the property to be mined and, therefore, cannot assure permanent access across the property. However, during mining and reclamation activities, which arc estimated to take approximately 13 years to complete, roads will be available and access will be allowed for the maintenance and operation of the ditch and headgate facilities. After the completion of the mining and reclamation activities, the Landowner will grant a permanent, non-exclusive access easement to Lupton Bottom Ditch Company, the specific location of this easement to be determined after mining and reclamation operations arc concluded. This commitment to grant a non-exclusive easement will survive to all heirs and assigns of the current Landowner. • The course of the South Platte River within the permit boundary will not be changed due to mining or reclamation activities. The South Platte River bank adjacent to the mining operation north of Weld County Road 6 features significant existing concrete-rubble armoring to stabilize the main channel alignment. The effectiveness of the existing concrete rubble will be measured, monitored, and evaluated for channel stabilization. If necessary, Lafarge Corporation will provide additional stabilization within the permit boundary. However, outside the permit boundary, Lafarge Corporation cannot guarantee the stability of the riverbank or the main channel alignment. • Consistent with permitting requirements, Lafarge agrees to provide compensation for any unforeseen damage to the Lupton Bottom Ditch or associated structures caused by mining activities. If the provisions of this Letter Agreement are acceptable, please signify your approval by signing and notarizing in the appropriate spaces below. IN AGREEMENT: IN AGREEMENT: NA dosne-A2SEAL Mr. Gene Wagner Mr. Duane W. Bollig President Division Land Manager Lupton Bottom Ditch Company Mobile Premix Concrete, Inc., a subsidiary of Lafarge Corp. an/ Mr.Do 1 Rittenhouse Landowner MAR-13-2001 15 21 LAFARGE CONCRETE 303 442 7696 P.05 MAR-12-C1 MON C2:42 PM BANK - DAYTON FAX: 150938222( ' BA. PAGE 5 Lupton Bottom Ditch Co. March S,2001 page 3 STATE OF COLORADO ) ss. COUNTY OF Mr/22‘.__. ) This instrument was acknowledged before me this 1 i4,day of YyIQ�+.4-4 , 2001 by_ Duane W. Botha , as Division Land Manage[__of Mobile Premix Concrete,Inc.,a Colorado Corporation. Witness my hand and official al. My commission expires: _ //Pa;cal/ [S EA L) Pu he STATE OF WASHINGTON ) ss. ___•_._COUNTY OF . 42z. e, This instrument was acknowledged before me this f,g4 day of`4F7&4_t-k_ 2001 by Donald L. Rittenhouse , as Landowner .y d and_ � ion expires: official: / —./0 _ (Sr*/ 14, N�OtA-g-y = it�� L L�s ,ApV1B��C 2e Notary Public STATE OF COLORADO ) ) ss. COUNTY OF --- This instrument was acknowledged before me this _day of , 2001 by_ Gene Wagner , as President of Lupton Bottom Ditch Company, a Colorado Witness my hand and official seal. My commission expires: [SEAL) Notary Public MAR-13-2001 15:22 LAFARGE CONCRETE 303 442 7686 P.06 e /1 LAFARGE March 12, 2001 Mr. Christopher Greneaux Landman HS Resources, Inc. 1999 Broadway, Suite 3600 Denver, CO 80202 Re: Lafarge-Mobile Premix Concrete, Inc. Riverbend Project, Weld County, CO — Joint Use Agreement Dear Chris: This letter is a follow-up to our meeting of this afternoon where we discussed the main provisions of a joint-use agreement between Mobile Premix Concrete, Inc. (MPC) and HS Resources, Inc. related to MPC's proposed sand and gravel mining and processing operation, the Riverbend Project, located west of U.S. Highway 85 and north of Weld County Road 6. This letter summarizes MPC's commitments and understandings related to modifying its proposed operations to accommodate HS Resources' existing and future drilling and production operations on the property. MPC understands that these commitments will be made part of the final joint- use agreement. These commitments are made for the two properties that make up the Riverbend Project in Section 19, T1N, R66W, of the 6`h P.M. —namely, the portion of the SW'/a of Section 19 owned by Donald L. Rittenhouse (approximately 160 acres) and the portion of the NWY of Section 19 owned by Steven S. McWilliams (approximately 80 acres). As part of the Greater Wattenberg oil and gas basin, MPC understands that HS Resources has the right to drill up to five wells within each 160-acre quarter section. In addition, the approximate location for these wells are as prescribed by the Colorado Oil and Gas Commission— one well each in a square area, 400 feet on a side, centered on the quarter-quarter section; and a fifth well in a square area, 800 feet on a side, centered on the quarter section. At the Riverbend Project, the Rittenhouse property includes all five of the drill boxes or "spots", and the McWilliams property includes three of the spots. On both properties, a well, and its associated tank battery and collection pipeline, already exists within the spot located at the center of the quarter section. MPC commits to the following items and has the following cooperative understandings. General 1. MPC understands that, in general, HS Resources requires an area of approximately 200-feet radius around a well site for drilling operations and an area approximately 150-feet radius around a completed well for possible well-service and maintenance operations. Where possible, MPC will provide these clearances. However, at several drill spots, where interference with MPC facilities may exist (depending on the timing of well installation), or WESTERN MOBILE DENVER,a subsidiary of Lafarge Corporation DENVER METRO AGGREGATE DIVISION 1400 W.64th Ave.,P.O.BOX 215001, Denver,Colorado 80221-0599 Office:(303)657-4400 Fax:(303)657.4413 MAR-13-2001 15:22 LAFARGE CONCRETE 303 442 7686 P.07 /"1 Mr. Christopher Greneaux March 12,2001 page 2 maximum recovery of the sand-and-gravel resource may be affected, HS Resources will work with MPC to reduce the required minimum radius as much as practicable. 2. HS Resources will cooperate with MPC to locate future well sites in order to maximize the recovery of the sand and gravel resource as much as possible. Where beneficial to either company, and with the required approvals and variances, these locations may include a site located outside the limits of a spot box. Rittenhouse Property. SWK of Section 19 1. Center Spot(existing well) The existing pipeline runs from the well and tank battery south- southeast to WCR 6. The pipeline runs through the general area MPC has identified as the site of a proposed asphalt plant. MPC acknowledges that HS Resources has requirements related to maintenance access to the pipeline and restrictions on truck traffic over the pipeline. If MPC cannot locate the proposed asphalt plant facilities such that HS Resources requirements and restrictions can be met,then MPC will relocate the pipeline at its cost. 2. SE Spot This spot box is located within the processing area that MPC has designated for the material stockpiles, wash plant, concrete batch plant, etc. MPC will relocate/re-align its process facilities to allow for this well site. Our review at today's meeting preliminarily identified the northeast quadrant of the spot box as a possible area that would allow for drilling room and minimize impacts to the gravel facilities layout. 3. SW Spot MPC is required to leave a 200-foot-wide offset from the existing bank of the South Platte River to the crest of the gravel pits, in addition to providing bank stabilization as required in this area. HS Resources agreed to site the future well within this 200-foot offset area, and MPC will provide access to the well through this offset area. 4. Tank Battery and New Pipelines HS Resources will use the existing tank battery for the new wells in the SW'/. If only one additional well is drilled, probably no additional tank will be required at the battery. If two wells are installed, one additional tank may be required. MPC will provide access through its processing area to the tank battery. 5. NW and NE Spots These boxes are located within the limits of the South Platte River, and are not in the areas of MPC's proposed mining or processing areas. If HS Resources drills these wells, MPC will provide access through/around its process area to the nearest bank of the South Platte River. McWilliams Property, approximately W/s NW'/, Section 19 1. SW Spot This spot box is located within, but near the east edge of the proposed gravel pit. HS win locate the well in the northeast quadrant of the box. If the well is installed before mining begins in this immediate area, MPC will mine around the well site, and will leave access and the necessary working radius for well operations and maintenance. If the gravel MAR-13-2001 15 23 LAFARGE CONCRETE 303 442 7686 P.08 is1 Mr.Christopher Greneaux March 12,2001 page 3 mining precedes the well installation, MPC will mine the area, but will backfill the area with compacted overburden to re-establish adequate area for the future drill site. 2. NW Spot This spot box is located similar to the SW Spot above, within but close to the eastern edge of the proposed gravel pit. As above, HS will locate the well in the northeast quadrant of the box, and possibly outside of the limit of the pit. The same provisions as above, related to the precedence of mining or well-drilling apply to this future site. 3. Tank Battery and New Pipelines The existing tank battery and collection pipeline will be used for the two future wells on this property. Pipelines from the new wells to the tank battery will be routed around the proposed gravel pit. MPC will provide access, through the offset area along the South Platte River, to all three well sites. MPC will also re-locate the existing access road to the existing well and tank battery around the proposed gravel pit. Pleaar call me if you have any questions or comments related to the items I've listed above. I appreciate your and Don French's help in working through these issues, and HS Resources' proposed recommendation to the Weld County Commissioners at the hearing this coming Wednesday that they approve the Riverbend Project. After the hearing, I'd like to finalize the joint-use agreement as soon as possible. We are looking forward to a cooperative working relationship with HS Resources that will allow both companies to develop their mineral interests on these properties to the fullest extent possible. Best Regards, Duane W. Bollig Division Land Manager cc: Greg Lindsay Don Rittenhouse Steve McWilliams Central File TOTAL P.08 Hello