HomeMy WebLinkAbout20012648 HART ENVIRONMENTAL
A Member of the Aggregate Environmental Resource Group, LLC. n Michael J.Hart a Associates
Shaw Sand and Gravel USR
Prepared for:
Western Mobile, Inc.
A subsidiary of Lafarge Corp.
Prepared by:
Michael I Hart
Hart Environmental
Boulder, Colorado
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Table of Contents
• USR Application
• Weld County Road Access Information
• Substitute Supply Plan
• Right to Mine Sand and Gravel
• Soils Report
• Surface Owners within 500 Feet
• Mineral Owners
• Maps
DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, Colorado 80631
Phone (970) 353-6100, Ext. 3540 Fax (970) 352-6312
USE BY SPECIAL REVIEW(MINING OPERATION)APPLICATION
FOR THE DEPARTMENT OF PLANNING SERVICES USE ONLY
Application Fee IN 1155-00 Receipt Number 01 09- Case Number US --134(0
Recording Fee Receipt Number Zoning Distric
Application Checked By: (°. Planner Assigned to Case
To be completed by APPLICANT is accordance with procedural guide requirements:
1. I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission concerning
a proposed gravel (gravel, coal, borrow pit, etc.) mining operation for the following described
unincorporated area of Weld County:
LEGAL DESCRIPTION: Part of sections 29 and 20 ,T.;2 North,R 68 West of the 6th pi
,PARCEL NUMBER: 13132900068 31 32900068 & 076 (12 digit number -found on Tax I.D. Information or
obtained at the Assessor's Office).
2. Surface owner(s) of area of land described
Name: Virgina Shaw Address:p_O_Box 1727 Phone: ( 9701396-5506
Name: Addressiongmont,CO Phone:
80502
3. Owner(s) of mineral rights or substance to be mined
Name: Virgina Shaw Address: Same as abov@hone:
Name: Address: Phone:
4. Source of applicant's legal right to enter and to mine on the land described:
Lease agreement and option to purchase sand and gravel
(Include certified copy of any document(s) noted
5. plicant'saddress: P.O.Box 215001 Denver.CO 80221 Phone: ( 303) 657-4475
ess: P.O.Box 1303 Boulder,CO 80306 Phone: ( 303) 444-6602
6. Identify any prior permits for mining held by applicant or affiliated person:
USR # ' s 488, 1199 , 397,809 , 1132,
7 Description of Operation
A. Types and number of operating and processing equipment to be used Front end Loaders,
scrapers,dozers ,graders,backhoes,compactors,pumps,hoppers,rnnveyors,
feeders service vehicles and associatd support eanipment _
B. Maximum number of employees: six ( 6) , and number of shifts: two ( 2)
11
C. Number of stages to be worked: 1 , and periods of time each is to be worked 6-9 months
D. Thickness of mineral deposit: 1 0-1 5 feet, and thickness of the overburden:3-6 feet
E. This will be a wet/dry pit operation. Dry
F. Site entrance/exit points and County roads and bridges to be utilized between site and delivery
point(s)(must be coordinated with County Engineer) Excavated sand and gravel will be
conveyed to an off site processing plant from which finished
products will be delivered to customers .Truck crossing at WCR 16Z.
8. Description of reclamation
A. Proposed reclamation land use(s): Multi-use includinq:recreation,water storage
and wildlife habitat.
B. Source of technical advise for reclamation: Colorado Division of Minerals and Geology,
Western Mobile,Inc. and Hart Environmental .
C. Explanation of Reclamation Process: Side slopes of excavated areas will be back-
filled to 3 : 1 slopes and revegetated,Water storage ponds will be
sealed with compacted backfill and all disturbed areas will be seeder
I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with
or contained within this application are true and correct to the best of my knowledge.
22PAlet4)
i ie re: Owner/Authorized Agent
9 9
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WESTERN PAVING CONSTRUCTION C S USR 00488 SECTIONS 17 AND 21 68 Fir Fl
'WESTERN PAVING CONSTRUCTION C 1 USR-00488A SECTIONS 17 AND 21 P 68 :02 16 AMI
e- 4111,47I
EN CUT GRAVEL MINE 02/05/1982
END USR 488 - _ 10/08/1984
Shaw Sand and Gravel USR
Response to Application Requirements and Questions
1. Completed, signed original USR Application forms (3), plus 24 copies and the
required fee of$1,455.00 are attached.
2. A detailed description of the method of mining operation. The description shall
include:
a. The types and numbers of operation and processing equipment to be
employed include,but are not limited to, the following:
• Scrapers to be used for striping and stockpiling topsoil and overburden
and for reclamation
• Dozers used for mining and reclamation
• Motor graders to be used for mining and reclamation
• Tracked excavator to be used for mining and reclamation
• Front-end loaders to be used primarily for mining sand and gravel
• Electric pump
• Portable primary crusher with screens for initial processing
• Haul vehicles for transportation of sand and gravel from the south parcel
to the west parcel
• Field conveyors to transport mined sand and gravel from the pit to the
processing plant facility located at the Cottonwood Pit (USR 488)
• Scales
• Service trucks—fuel, oil, grease
• Employee pick-up trucks
b. The maximum number of shifts to be worked is two. The maximum number
of employees per shift is six(6).
c. All proposed mining stages will be operated as dry pits;each stage will be
dewatered prior to mining.
d. Haul trucks will cross Weld County Road 16 1/2 at the intersection of
WCR 3 1/4 and WCR 16 1/2.
e. The size of the area and stages to be worked at any one time. The following
stages will be mined at the Shaw Pit:
(1) Shaw South 30 acres
(2) Shaw West 30 acres
(3) Shaw North 50 acres
f. The estimated timetable for the Shaw Pit is as follows:
(1) Shaw South
• Pre-mining—Summer 2001
• Mining— 12/1/01
• Reclamation—5/1/02
(2) Shaw West
• Pre-mining— 12/1/01
• Mining-6/1/02
• Reclamation-9/1/02
(3) Shaw North
• Pre-mining—4/1/02
• Mining— 1/1/03
• Reclamation-4/1/03
Reclamation work will be completed by 3/31/04.
g. Sand and gravel thickness ranges from 10 to15 feet, overburden thickness is
3-5 feet.
h. The Reclamation Plan map is included with this application. The proposed
post reclamation land uses include recreation, wildlife habitat, and water
storage. The reclamation process involves the grading and shaping of banks in
areas where open water will be a post mining landscape feature. Other
reclaimed areas will be backfilled, covered with topsoil, and revegetated or
backfilled with overburden and shale from the pit floor, topsoiled, and
revegetated.
i. Technical advice was obtained from Western Mobile,Inc.,the Colorado
Division of Minerals and Geology, and Hart Environmental.
3. A certified list of property owners within 500 feet of the parcels to be permitted was
prepared by the Weld County Title Company and is included with this USR
application.
4. A certified list of mineral owners and lessees of minerals on or under the parcels to
be permitted was prepared by Crews&Zeren and is included with this USR
application.
5. Additional documents submitted by the applicant with this application include the
following:
a. Reclamation plans which either have been or will be submitted to the
Colorado Division of Minerals and Geology are provided as exhibits to this
submittal.
b. Included with this application package is a copy of the substitute Supply Plan
for the Shaw Pit that was submitted to the State Engineer's Office on April 5,
2001.
c. No new drainage structures of modification of existing drainage structures
will be required as a result of this application.
d. No new haul roads will be constructed for this application. Excavated sand
and gravel will be transported to the Cottonwood processing plant by
conveyor.
6. The proposed use is consistent with the Weld County Comprehensive Plan. Sand
and gravel mining is currently taking place to the west and east of the Shaw North
parcel and is complete in an area west of the Shaw South parcel. The Shaw
property has been historically used as pasture. The extraction of sand and gravel
resources will not result in the loss of prime agricultural land.
The Shaw property is located southwest of the Del Camino Mixed Use
Development (MUD) area. Post mining conditions will be compatible with existing
and proposed adjacent land uses. Riparian habitat areas will be undisturbed by the
proposed new mining areas. Following mining, the Shaw Pit will provide
significant wildlife habitat as well as an enhanced landscape and visual aesthetic.
Important sand and gravel resources have been identified for this area in the
Weld County Comprehensive Plan. Sand and gravel mining is currently a
significant land use along this section of Boulder Creek.
The operator(Western Mobile) will continue to provide tax revenues and
employment opportunities to the area. In addition,the Shaw Pit sand and gravel
operation does not require any county resources;rather,the operation provides
significant aggregate resources needed to meet the growth demands of the area.
7. The Shaw property is located outside of any designated urban growth and
development areas in southwest Weld County. Existing uses in the vicinity of the
Shaw property include sand and gravel mining, agricultural, oil and gas production,
recreational, and low-density residential. The Weld County Comprehensive Plan
identifies the sand and gravel resources found on the Shaw property. The recovery
of these commercial sand and gravel resources is consistent with Weld County's
goals related to such resources, which state at CM. Goal 1, "Conserve lands which
provide valuable natural mineral deposits for potential future use in accordance with
Colorado State Law."
8. Certain productive agricultural lands in the"A" zoned district will be lost due to the
proposed mining operation associated with the Shaw property. It is often difficult,M)
if not impossible,to recover sand and gravel resources without affecting the
agricultural uses that occur on the surface of the land to be mined.
9. The applicant will secure the site with appropriate fencing. All mining and
processing operations will be carried out in accordance with applicable permits.
The project is not anticipated to pose risks to the health and safety of local residents
of Weld County.
10. Currently, local land uses include agriculture, oil and gas production, sand and
gravel mining, and low-density residential. The permitted use will be compatible
with existing uses. Reclamation of the site will include wildlife habitat, water
storage, and recreation, uses that are compatible with other local reclaimed sand and
gravel areas.
11. As stated above, the Shaw property contains commercially recoverable sand and
gravel resources that have been identified on the Weld County Sand and Gravel
Resources Map, which was prepared by the Weld County Planning Commission.
Furthermore,the extraction of this commercially recoverable sand and gravel
deposit is consistent with the goals and policies as stated in the Weld County
Comprehensive Plan. Finally,the Reclamation Plan and post mining used of
wildlife habitat, recreation, and water storage are compatible with existing and
future development in this part of Weld County.
12. The site is located within the 100-year floodplain of Boulder Creek. The area is
designated as Zone"A,"corresponding to Flood prone Zone FP-1, base flood
elevations and other flood hazard factors undefined.
The proposed mining is not anticipated to have adverse impacts on local flood
hazard potential. The post mining ponds will increase local flood storage capacity
and reduce downstream flood hazards.
The proposed expansion area does not lie in the airport overlay or geologic
hazard overlay districts.
13. Existing water supplies are adequate for processing operations. No change in the
type or rate of processing is proposed as part of this application.
14. Required legal instruments are included with this application.
15. No increases in equipment usage or changes from the existing mining operation
(Nelson Pit USR#260) are proposed as part of this application. Therefore,no
increases to existing ambient noise levels are anticipated.
16. The proposed Shaw Sand and Gravel Mining and Reclamation Plan by Lafarge is
the continuation of a 25-year history of sand and gravel mining in this area by the
Company and its predecessor. Currently, Lafarge is mining and reclaiming land
immediately west of the Shaw property at what is commonly known as the Nelson
Pit (DMG Permit#74-70,USR#260 ).Currently, Sand and gravel excavated from
the Nelson Pit is transported by field conveyor to an off-site processing plant
located at the"Cottonwood Pit"(USR#488),)vhere it is processed into finished
sand and gravel products.
It is estimated that, mining at the Nelson Pit will be completed by the end of
the year. In anticipation of the depletion of the Nelson Pit sand and gravel reserves,
Lafarge desires to recover the sand and gravel reserves found on the Shaw property.
Once all approvals have been obtained,the Company will begin mining the South
Shaw parcel, hopefully before the end of 2001. Sand and gravel excavated from the
South Shaw parcel will be transported by truck across Weld County Road (WCR)
16 1/2 to the West Shaw parcel, where it will be fed onto the relocated Nelson Pit
field conveyor system, which will then transport the sand and gravel to the
Cottonwood Pit for processing and distribution to customers. Mining activities at
the South Shaw parcel are estimated to last for 6 months, with reclamation
scheduled to be completed by fall 2002.
Mining at Shaw West is estimated to be completed by the end of 2002, and at
Shaw North by the end of 2003. All mining and reclamation is scheduled to be
completed by the end of March 2004, provided, of course,that there is no
significant decline is regional construction activity over the next three years. Like
Shaw South, sand and gravel from the Shaw West and Shaw North parcels will be
transported by field conveyor off-site for processing at an existing facility.
To summarize,the Shaw sand and gravel reserves will be used to replace the
depleted reserves from the Nelson Pit. The life of this proposed mining operation is
a relatively short three years. Mined sand and gravel will be transported by
conveyor to an of-site processing plant. The commercially recoverable sand and
gravel resources found on the Shaw property have been previously identified as
such by Weld County,the recovery of which is consistent with the goals of the
County's Comprehensive Plan. The proposed use is compatible with that Plan and
the existing uses in the area, and will not adversely affect the health, safety, and
welfare of the inhabitants of Weld County.
Use by Special Review Questionnaire
1. Explain in detail, the proposed use of the property.
Answer: The proposed Shaw Sand and Gravel Mining and Reclamation Plan by
Lafarge is the continuation of a 25-year history of sand and gravel mining in this
area by the Company and its predecessor. Currently, Lafarge is mining and
reclaiming land immediately west of the Shaw property at what is commonly
known as the Nelson Pit (DMG Permit#74-70,USR#260).Currently, Sand and
gravel excavated from the Nelson Pit is transported by field conveyor to an off-site
processing plant located at the"Cottonwood Pit"(USR#488),where it is processed
into finished sand and gravel products.
Mining at the Nelson Pit is estimated to be completed by the end of 2001. In
anticipation of the depletion of the Nelson Pit sand and gravel reserves,Lafarge
desires to recover the sand and gravel reserves found on the Shaw property. Once
all approvals have been obtained,the Company will begin mining the South Shaw
parcel,hopefully before the end of 2001. Sand and gravel excavated from the South
Shaw parcel will be transported by truck across Weld County Road(WCR) 16 1/2
to the West Shaw parcel,where it will be fed onto the relocated Nelson Pit field
conveyor system, which will then transport the sand and gravel to the Cottonwood
Pit for processing and distribution to customers. Mining activities at the South
Shaw parcel are estimated to last for 6 months, with reclamation scheduled to be
completed by fall 2002.
Mining at Shaw West is estimated to be completed by the end of 2002, and at
Shaw North by the end of 2003. All mining and reclamation is scheduled to be
completed by the end of March 2004,provided, of course,that there is no
significant decline is regional construction activity over the next three years. Like
Shaw South, sand and gravel from the Shaw West and Shaw North parcels will be
transported by field conveyor off-site for processing at an existing facility.
To summarize,the Shaw sand and gravel reserves will be used to replace the
depleted reserves from the Nelson Pit. The life of this proposed mining operation is
a relatively short three years. Mined sand and gravel will be transported by
conveyor to an of-site processing plant. The commercially recoverable sand and
gravel resources found on the Shaw property have been previously identified as
such by Weld County,the recovery of which is consistent with the goals of the
County's Comprehensive Plan. The proposed use is compatible with that Plan and
the existing uses in the area, and will not adversely affect the health, safety, and
welfare of the inhabitants of Weld County.
2. Explain how this proposal is consistent with the intent of the Weld County
Comprehensive Plan, Chapter 22 of the Weld County Code.
Answer: The proposed use is consistent with the Weld County Comprehensive Plan.
Sand and gravel mining is currently taking place to the west and east of the Shaw
North parcel and is complete in an area west of the Shaw South parcel. The Shaw
property has been historically used as pasture. The extraction of sand and gravel
resources will not result in the loss of prime agricultural land.
The Shaw property is located southwest of the Del Camino Mixed Use
Development (MUD) area. Post mining conditions will be compatible with existing
and proposed adjacent land uses. Riparian habitat areas will be undisturbed by the
proposed new mining areas. Following mining,the Shaw Pit will provide
significant wildlife habitat as well as an enhanced landscape and visual aesthetic.
Important sand and gravel resources have been identified for this area in the
Weld County Comprehensive Plan. Sand and gravel mining is currently a
significant land use along this section of Boulder Creek.
The operator(Western Mobile) will continue to provide tax revenues and
employment opportunities to the area. In addition, the Shaw Pit sand and gravel
operation does not require any county resources;rather, the operation provides
significant aggregate resources needed to meet the growth demands of the area.
3. Explain how this proposal is consistent with the intent of the Weld County Code,
Chapter 23, and the Zone District in which it is located.
Answer: The Shaw property is located outside of any designated urban growth and
development areas in southwest Weld County. Existing uses in the vicinity of the
Shaw property include sand and gravel mining, agricultural, oil and gas production,
recreational, and low-density residential. The Weld County Comprehensive Plan
identifies the sand and gravel resources found on the Shaw property. The recovery
of these commercial sand and gravel resources is consistent with Weld County's
goals related to such resources, which state at Cm. Goal 1, "Conserve lands which
provide valuable natural mineral deposits for potential future use in accordance with
Colorado State Law."
4. What type of uses surround the site? Explain how the proposed use is consistent
and compatible with surrounding land uses.
Answer: Uses currently surrounding the Shaw North and West parcels include sand
and gravel mining and limited agricultural(pasture) uses. The Shaw South parcel is
adjacent to agricultural uses on the east and south and low-density residential(five
dwelling units) on 40 acres of previously mined and reclaimed sand and gravel
ground to the west. The Shaw property is located outside of any designated urban
growth and development areas in southwest Weld County. Existing uses in the
vicinity of the Shaw property include sand and gravel mining, agricultural, oil and
gas production, recreational, and low-density residential. The Weld County
Comprehensive Plan identifies the sand and gravel resources found on the Shaw
property. The recovery of these commercial sand and gravel resources is consistent
with Weld County's goals related to such resources, which state at CM Goal 1,
"Conserve lands which provide valuable natural mineral deposits for potential
future use in accordance with Colorado State Law."
5. Describe, in detail, the following:
a. How many people will use this site?
Answer: The only people using this site will be employees of the Company.
b. How many employees are proposed to be employed at this site?
Answer: Six(6).
c. What are the hours or operation?
Answer: Daylight hours except in the case of public or private emergency or
repairs to equipment. This restriction shall not apply to operation of
administrative and executive offices or repair and maintenance facilities
located on the property.
d. What type and how many structures will be erected(built) on this site?
Answer: Temporary portable field conveyors, portable feeder for the
conveyor system.
e. What type and how many animals, if any, will be on this site?
Answer: None
f. What kind(type, size, weight)of vehicles will access this site and how often?
Answer: Pick-up trucks(2,500-4,000 lb.), end dump trucks(80,000 lb. load),
tandum dump trucks(45,000 lb. load)may be infrequently used to haul
material from the site. However, off-road haul units will be used to haul
gravel from Shaw South to Shaw West, where gravel will be fed into a
conveyor feeder and transported off-site.
g. Who will provide fire protection to the site?
Answer: The local Fire Protection District for this part of Weld County.
h. What is the water source on the property?
Answer: If needed,bottled water will be provided for domestic use. The
property has been historically irrigated with water rights from the Houck No.
2 ditch.
i. What is the sewage disposal system on the property?
Answer: The applicant will provide portable sanitary facilities to this site as
needed.
j. If storage or warehousing is proposed,what type of items will be stored?
Answer: Sand, gravel, and overburden, including topsoil, will be temporarily
stockpiled on site from time to time.
6. Explain the proposed landscaping for the site.
Answer: No landscaping is proposed for this site.
7. Explain any proposed reclamation procedures when termination of the Use by
Special Review activity occurs.
Answer: The Shaw property will be reclaimed according to the Reclamation Plan
as approved by the Colorado Division of Minerals and Geology. Included with this
permit application is a copy of the Reclamation Plan drawing for the Shaw Pit.
8. Explain how the storm water drainage will be handled on the site.
Answer: Storm water drainage will be directed into the excavated pits, which will
serve as storm water detention basins.
9. Explain how long it will take to construct this site and when construction and
landscaping is scheduled to begin.
Answer: Mining and reclamation of the Shaw Pit is estimated to take
approximately 2 1/2 years to complete.
10. Explain where storage and/or stockpile of wastes will occur on this site.
Answer No wastes will be generated at nor stockpiled on this site.
SHAW PIT DEVELOPMENT STANDARDS
1. The following development standards are for open pit sand and gravel mining
operations, including the conveyance of excavated sand and gravel, importation of
sand and gravel material, processing, and sales in the"A" (agricultural)Zone District
as described in the application materials submitted under this Special Use Review
Permit, all of which is subject to the development standards stated herein.
2. Approval of this plan may create a vested property right pursuant to Article VIII of
the Weld County Zoning Ordinance.
3. The sand and gravel operation shall comply with operation policies identified in
Section 23-4-290 of the Weld County Zoning Ordinance. Any violation of these
regulations shall be grounds for cancellation of the Permit.
4. All operations on said described parcel shall maintain conformance at all times with
the Weld County Flood Hazard Overlay District.
5. All liquid and solid wastes shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination.
6. No permanent disposal of wastes shall be permitted on this site.
7. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
8. Fugitive dust shall be controlled on this site.
9. The maximum permissible noise level shall not exceed the industrial limit of 80
db(A), as measured according to 25-12-102, Colorado Revised Statutes.
10. All construction on the property shall be in accordance with the requirements of the
Weld County Building Code Ordinance.
11. The site shall maintain compliance with the Mountain View Fire Protection District,
the U.S. Fish and Wildlife Service, and the U.S. Army Corps of Engineers.
12. Mining in Boulder Creek shall be prohibited.
13. No excavation or processing of sand and gravel nor the creation of any reclaimed
lake boundary shall be permitted nearer than 100 feet to Boulder Creek.
14. All sand and gravel operations shall be conducted during the hours of daylight
except in the case of public or private emergency or to make necessary repairs to
equipment. This restriction shall not apply to operation of administrative and
executive offices or repair and maintenance facilities located on the property.
15. "No Trespassing" signs shall be posted and maintained on the perimeter fence to
clearly identify the boundaries of the site.
16. No excavation or processing shall occur within 10 feet of the boundary of an
adjacent property, easement or irrigation ditch.
17. No excavation or processing shall occur within 125 feet of any existing off-site
residence.
18. Excavation-generated traffic shall utilize the approved haul road, Weld County Road
3 1/4, and shall maintain compliance with the existing improvements agreement for
the Nelson Pit.
19. Lighting provided for security and night operation on the site shall be designed so
that the lighting will not adversely affect surrounding property owners.
20. The site shall be maintained in such a manner so as to prevent soil erosion, fugitive
dust, and the growth of noxious weeds. The site shall be maintained in such a
manner as to present a neat and well-kept appearance.
21. Existing trees and ground cover along public road frontage and drainageways shall
be preserved, maintained, and supplemented, if necessary, for the depth of the
setback in order to protect against and/or reduce noise, dust, and erosion.
22. Where topsoil is removed, sufficient arable soil shall be set aside for respreading
over the reclaimed areas.
23. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Zoning Ordinance.
24. The property owner or operator shall be responsible for complying with the
Operation Standards of Section 23-2-250 of the Weld County Zoning Ordinance.
25. Personnel from the Weld County Health Department and the Weld County
Department of Planning Services shall be granted access onto the property at any
reasonable time in order to ensure the activities carried out on the property to
comply with the Development Standards stated herein and all applicable Weld
County regulations.
26. The Special Review area shall be limited to the plans shown herein and governed by
the foregoing Standards and all applicable Weld County regulations. Major changes
from the plans or Development Standards as shown or stated shall require the
approval of an amendment of the Permit by the Weld County Planning Commission
and the Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office
of the Department of Planning Services.
27. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards.Noncompliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
SHAW PIT EXTRACTION STANDARDS
1. No excavation or processing sand and gravel shall be permitted nearer than ten(10)
feet to the boundary of adjacent property, irrigation ditch, or easement, and within
125 fret of an existing off-site residence.
2. M sand and gravel operations shall be conducted during the hours of daylight
except in the case of public project or private emergency, or to make necessary
repairs to equipment. This restriction shall not apply to operation of administrative
and executive offices or repair or maintenance facilities located on the property.
3. Weeds and any other unsightly or noxious weeds shall be cut or trimmed as may be
necessary to preserve a reasonably neat appearance and to prevent seeding on
adjacent property.
4. Existing trees and groundcover along public road frontage and drainageways shall be
preserved,maintained, and supplemented if necessary for the depth of the setback.
5. Insofar as practicable, all means of access to the property from any street shall be
located and designated as to avoid the routing of vehicles to and from the property
over streets that primarily serve residential development.
6. All access roads from sand and gravel operations to public highways, roads, or
streets, or to adjoining residential structures shall be paved or otherwise treated to
minimize dust conditions of all parts of such access roads that are located within
one-fourth mile of the public highway,road, street, or adjoining residential structure.
7. The property shall be fenced with three-strand barbed wire and posted with"No
Trespassing" signs.
8. All topsoil shall be set aside for reclamation.
9. Rock crushers, screens, feeders, conveyors and all accessory facilities and
equipment, as well as the exportation by conveyor of sand and gravel materials to
adjoining, surrounding or nearby properties will be allowed.
10. Conveyors, field hoppers, and similar accessory facilities and equipment, as well as
the conveyance of sand and gravel materials from adjoining, surrounding, or other
properties will be allowed.
11. The operator shall furnish evidence they are insured to the extent of not less than
$100,000.00 against liability for any negligent act or omission by the operator from
the operation or maintenance of the sand and gravel pit and the extraction and
production of sand and gravel and all activities connected with or incidental thereto.
r.,,lApplegate
Group, Inc.
April 5, 2001
Mr. Bill McIntyre
State Engineer's Office
1313 Sherman Street,Room 818
Denver, CO 80203
RE: Substitute Supply Plan for the Shaw Pit.
Dear Mr.McIntyre:
The purpose of this letter is to request approval of a substitute water supply plan pursuant
to Section 37-80-120 (2) C.R.S on behalf of Lafarge mining operations for the Shaw Pit
sand and gravel mining operations. A check made out to the Division of Water
Resources for$1343.00 for the gravel pit substitute supply plan review is attached to this
letter.
Project Description
The Shaw Pit is located in Weld County, approximately 3 %2 miles south of state highway
119 near the town of Longmont and 2 '/.miles west of I-25. Specifically,the site is
located in section 29, and the south half of section 20,Township 2 N,Range 68 W,6th
P.M. Figure No. 1 is a vicinity map of the Shaw Pit Site with the permit boundary clearly
delineated.
The mining operation will impact Boulder Creek,which in turn will impact the St. Vrain
Creek. Consumptive uses associated with the Shaw Pit will include water used for dust
control, water retained in product conveyed off-site, and evaporation from the dewatering
trenches.
The operation at the Shaw Pit is expected to be a two-year operation. Dry mining at the
Shaw pit area will convene following the end of operation at Lafarge's Hamm Pit site,
possibly early fall of 2001. The plant currently at the Hamm Pit will be transported to
their Cottonwood Pit located approximately 1 mile north east of the subject pit. There
will be three sub-pits with in the Shaw Pit area(herein referred to.as the north pit,the
south pit, and the central pit). Material mined at these pits will be conveyed to the plant
on the Cottonwood property.
1499 West 120th Avenue,Suite 200 www.applegategroup.com 5441 Boeing Drive,Suite 200
Denver,Colorado 80234-2728 Loveland,Colorado 80538-8855
Mr.Bill McIntyre
April 5,2001
Page 2of6
Projected Consumptive Use
Water use at the site will include evaporation from exposed groundwater,dust control of
a single haul road located between pit numbers 1 and 2,and water retained in material
removed from the site.
Evaporative Losses
The NOAA Technical Report NWS 33,Evaporation Atlas for the Contiguous 48 United
States (U.S. Department of Commerce)was used to determine the gross evaporation
associated with the area. For this location,the annual evaporation is 38 inches. Monthly
distribution percentages provided by the State Engineers Office were used to determine
monthly evaporation.
Annual and monthly precipitation values were obtained using the Colorado Climate
Center Website. Precipitation values were assumed to be equal to those collected at the
nearest weather station; in this case the Longmont Station reported a mean annual value
of 13.4 inches(Table 1). A copy has been enclosed for your reference in Appendix F.
Effective precipitation was calculated as 70%of the total precipitation. Net evaporation
at the site was calculated at the site to be 5.0 acre-feet annually.
The site will be dry mined and exposed water surface area will consist only of the area
associated with dewatering trenches. This value was estimated at 2.1 acres. This entire
exposed area will require augmentation throughout the mining operation.
Operational Losses
The moisture content of the material conveyed off the site was assumed to be 4%by
weight per the SEO guidelines. The two-year production at the site is estimated to be 1.2
million tons of raw materials,or 600,000 tons per year. This production results in a total
loss of 17.7 acre-feet to product for each year of operation at the Shaw Pit(Table 2).
Dust control at the site will consist of watering a single haul road. Material mined at the
site will be conveyed to the cottonwood site,and therefore,water will not be required for
the suppression of dust created by hauling material. Approximately 1 acre-feet of water
pumped from the dewatering trench will be used each year for controlling dust on this
haul road.
The total consumptive use requiring augmentation during mining is estimated at 23.7
acre-feet per year of operation at the Shaw Pit(Table 2).
Mining Stream Depletions
Due to the fact that a majority of the pit boundaries are set back from Boulder Creek
more than 100 ft,the mining stream depletions were not assumed to be instantaneous. A
stream depletion model was used to show the lagged effect of the mining depletions on
Mr.Bill McIntyre
April 5,2001
Page3of6
the creek(Appendix A). A monthly breakdown of these depletions can be seen in Table
2.
The stream depletion model for the Shaw Pit mining operation was developed under the
following assumptions:
• The pumping well was placed 150 feet from an active stream. This represents the
distance between the down-gradient extent of the mining operation and nearby
Boulder Creek.
• There was no transmissivity data available for the area. A value of 50,000 gpd/ft
was chosen based on an average transmissivity for the St. Vrain River and
Boulder creek.
• The specific yield was assumed to be 0.2,which is typical for an alluvial aquifer.
• The distance from the adjacent stretch of Boulder Creek to the parallel
impermeable boundary was assumed to be 4225 feet. Source: USGS Depth to
Water Table in the Boulder-Fort Collins-Greeley Area,Front Range Urban
Corridor, Colorado.
Historic Stream Depletions and Accretions—Houck 2 Ditch
The Houck 2 Ditch has historically been used to irrigate the Shaw Property. The ditch
water right was adjudicated on June 2, 1882 for 7.16 cfs and an appropriation date of
June 1, 1861,giving it a priority of 6 on Boulder Creek. The Houck 2 Ditch is used only
to irrigate the Shaw Property.
Prior to 1974 the ditch was used to irrigate approximately 500 acres of pasture grass
associated with the Shaw Property. However,according to a report prepared by RMC in
March of 2001,400 acres were sold in 1973 and only 100 acres of pasture grass have
been irrigated since(Figure 2). For this reason, diversion records for the years 1974-
1998 were used to determine the consumptive use credit associated with the site. A
summary of the annual diversion can be found in Appendix B. 1977 was the dry year for
the Houck 2 Ditch; however,the Houck 2 ditch has a very senior water right and the dry
year yield was greater than the 1974-1998 average yield for all months except June
(Table 3). For this reason,the average yield was used for calculating consumptive use
credit. Figure 2 on the following page shows the general location of the irrigated land
using the Houck 2 Ditch water right.
A Blaney-Criddle analysis was completed for 100 acres of pasture grass. The results are
presented in Appendix C. The total irrigation requirement for 100 acres of pasture grass
historically grown on the Shaw property is 159 acre-ft.
Mr.Bill McIntyre
April 5,2001
Page 4 of 6
The monthly historic crop consumptive use credit is equal to the lesser of the water
supply available or the total irrigation requirement. The water supply available was
calculated by applying a 2%ditch loss and a 55%farm efficiency to the average monthly
diversion records for the Houck 2 Ditch; a 2%ditch loss was used because water travels
less than 'A mile from diversion to application. The resulting historic consumptive use
credit from the Houck 2 Ditch water used on the Shaw Property is 149.1 acre-ft,
compared to a value of 153.71 acre-ft in RMC's March 2001 report on the Shaw
Property.
The quantity of surface and subsurface return flows was calculated as 50%of total return
flows. A stream depletion model based on.Glover techniques was then used to determine
the timing of the historic lagged subsurface irrigation return flows. The result of this
analysis is presented in Appendix D.
Replacement Water
Two replacement sources will be used for the evaporative and mining losses associated
with the Shaw Pit
The Houck 2 Ditch will be used to cover depletions from May through September(Table
4). Only %of the Houck 2 Ditch historic diversion will be needed to counter mining
depletions and mimic summer return flows associated with the property. Water will be
diverted into the Houck 2 Ditch and measured. Houck 2 water required for augmentation
will then be diverted into a channel that will return water to the adjacent Boulder creek.
Water diverted into this return ditch will also be measured to assure Boulder Creek is not
deprived of historic summer return flows. This return point to Boulder Creek will be
upstream of the Rural Ditch headgate,as were the historic irrigation return flows
associated with the parcels irrigated with Houck 2 water.
Winter replacement water will be supplied from a lease of 17.7 acre-feet from the
Stromquist property for the months October through April (Table 5). The lease will
begin covering winter depletions this October if mining begins when expected. A copy
of this lease agreement will be mailed to your office as soon as it is received.
The point of replacement will be downstream of the Rural Ditch headgate on Boulder
Creek. There are no problematic intervening water rights between the point of
replacement and the point of depletion. Because the point of replacement is downstream,
there will be no transit losses and winter replacements will be made on a 1 to 1 basis.
Operation of Plan
This substitute water supply plan was developed under the projected operations for the
Shaw Pit. All three pits within the permit boundary will be dewatered before mining.
Actual production numbers and water use may vary from the projected amounts
presented in this plan. The operator of the Shaw Pit will utilize the"Monthly Accounting
Form"found in Table 6 to calculate and report on a monthly basis the depletions
Mr.Bill McIntyre
April 5,2001
Page Sof6
occurring at the mine during operation. After mining production is finished at the Shaw
Pit,the south pit will be lined,the north pit will remain unsealed, and the future of the
central pit is based on the ability to relocate Idaho Creek. The Shaw family will be
responsible for any long-term augmentation responsibilities associated with these pits
after mining at the site is complete.
Wells Within 600 Feet
A field inspection was completed with District 6 Water Commissioner, Robert Carlson,
on March 13,2001. Mr. Carlson determined from a visual inspection of the site that
there are wells within 600 feet of the permit area. A copy of his report is included in
Appendix E. A well location map is also included in Appendix E as Figure 3. A gravel
pit well application will be submitted in a separate letter.
Conclusions and Recommendations
• Consumptive uses for this pit include evaporation from a dewatering trench and
water retained in product. The annual consumptive use for the project is 23.7
acre-feet based on a total exposed area of 2.1 acres and an annual production of
600,000 tons per year
• Houck 2 Ditch water historically used to irrigate the Shaw Property will be used
to meet replacements during the summer months. A lease with the Stromquist
Ponds north of the Shaw Property for 17.7 acre-feet annually will provide
replacements for the winter months. This combination will provide an adequate
replacement supply to meet depletions associated with the mining operation.
• The applicant will use the attached accounting form to keep monthly records of
water use. These forms will be available to the Water Commissioner or the
Division Engineer upon request.
• The District 6 water commissioner determined that there are wells within 600 feet
of the future permit boundary. A subsequent letter will be sent to the State
Engineers Office regarding notification to the owners and submission of a gravel
pit well permit.
• This plan is requested for a period of two years with the option of renewal.
Mr.Bill McIntyre
April 5,2001
Page 6 of6
This completes the application for a substitute water supply plan. If you have any
questions or need additional information,please do not hesitate to call me at
(303)452-6611.
Cordially,
APPLEGATE GROUP, INC.
William A. Warmack, P.E. Jason G. Morrow, E.I.T
Water Resource Project Engineer Water Resource Engineer
Enclosures:
Cc: File#01-128
Duane Bollig
Mike Hart
I
Table No.-1 Job Number: 01-128
Lafarge Date: 4/3/01
Shaw Pit Calc. By: JGM
Percent of Gross Lake Effective Net Lake ' Total Lake
Month Annual Evaporation Precipitation Precipitation Evaporation Evaporation
Evaporation (ft) (in) (ft) (acre-ft/acre) (ac-ft)
(A) (B) t) D) (E) (F)
Jan 3.0% 0.10 0.40 0.02 0.07 0.15
Feb 3.5% 0.11 0.39 0.02 0.09 0.18
Mar 5.5% 0.17 1.10 0.06 0.11 0.23
Apr 9.0% 0.29 1.71 0.10 0.19 0.39
May 12.0% 0.38 2.47 0.14 0.24 0.50
June 14.5% 0.46 1.76 0.10 0.36 0.75
July 15.0% 0.48 1.13 0.07 0.41 0.86
Aug 13.5% 0.43 1.24 0.07 0.36 0.75
Sept 10.0% 0.32 1.24 0.07 0.24 0.51
Oct 7.0% 0.22 0.86 0.05 0.17 0.36
Nov _ 4.0% 0.13 0.67 0.04 0.09 0.18
Dec 3.0% 0.10 0.47 0.03 0.07 0.14
Total 100% 3.2 13.44 0.8 2.4 5.0
Total Exposed Water Surface= 2.1 acres
Annual Precipitation= 13.4 inches -Taken from the Longmont Weather Station
Gross Annual Evaporation= 38 inches -Taken from NOAA Technical Report NWS 33
(A)Taken from General Guidelines for Substitute Water Supply Plans For Sand And Gravel Pits Submitted to The State Engineer
(B)A product of column (A)and Gross Annual Evaporation
(C)Mean monthly precipitation values taken from Longmont weather station 2ESE for years 1948-1999
(D)Effective precipitation=0.7*(C)/12
(E)Net evaporation from exposed water surfaces=(B)-(D)
(F)Total evaporation from exposed water surfaces=(E)*Total Exposed Water Surface
I
Table No.-2 Job Number: 01-128
Lafarge Date: 4/3/01
Shaw Pit Calc. By: JGM
Operational Losses
Percentof Water ' Water Used Operational Evaporative Total Lagged
Annual Aggregate Retained for On-site Consumptive Consumptive Mining Mining
Aggregate Production in Product Dust Control Use Use Depletions Depletions
Production (tons) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft) (ac-ft)
Month (A B) C D) E F (G) H
Jan 3.0% 18000 0.53 0.03 0.56 0.15 0.71 0.80
Feb 3.5% 21000 0.62 0.04 0.65 0.18 0.84 0.89
Mar 5.5% 33000 0.97 0.06 1.03 0.23 1.26 1.24
Apr 9.0% 54000 1.59 0.09 1.68 0.39 2.07 1.96
May 12.0% 72000 2.12 0.12 2.24 0.50 2.73 2.59
June 14.5% 87000 2.56 0.15 2.71 0.75 3.45 3.27
July 15.0% 90000 2.65 0.15 2.80 0.86 3.66 3.52
Aug 13.5% 81000 2.38 0.14 2.52 0.75 3.27 3.23
Sept 10.0% 60000 1.77 0.10 1.87 0.51 2.38 2.46
Oct 7.0% 42000 1.24 0.07 1.31 0.36 1.67 1.79
Nov 4.0% 24000 0.71 0.04 0.75 0.18 0.93 1.10
Dec 3.0% 18000 0.53 0.03 0.56 0.14 0.70 0.83
Total 100% 600000 17.7 1.0 18.7 5.0 23.7 23.7
Total Material Mined/Year= 600,000 tons Total Depletion/Year= 23.7 acre-feet
Moisture Content= 4.0%
Dust Control= 1 •ac-ft
(A)Average monthly production percentages from the sand and gravel mining industry
(B)Monthly aggregate production=(A)'Total Material Mined/Year
(C)Water retained in product calculated as 4%of aggregate production
(D)Water for dust control
(E)Operational consumptive use equals moisture lost to water retained in product+water used for dust control
(F) Taken from Table 1
(G)Total mining depletions=(E)+(F)
(H)Lagged depletions realized by the stream from Appendix A
Table No.3 Job Number: 01-128
Lafarge Date: 4/3/01
Shaw Pit Calc. By. JGM
Dry Year vs.Average Year Diversions
Dry year Average'Yield
Month Houck 2 Ditch Houck 2 Ditch
Yield(1977) (1974-1998)
(ac-ft) (ac-ft)
January 0 0
February 0 0
March 0 0
April 0 2.86
May 65.5 56.83
June 35.7 76.3
July 280 105.6
August 161 124.91
September 95.2 42.28
October 0 0
November 0 0
December 0 0
Total 637.4 408.78
Note: Diversion records for Houck 2 Ditch located in Appendix B
I
Table No.-4 Job Number 01-128
Lafarge Date: 4/4161
Shaw Pit Cale.Br. JGM
Houck 2 DWI Information
Mstale Consumptlon Use and Return Flows for Houck 2 DRch Shares In Ditch 1
Skins Owned 1
Shares Required 0.25 _,
Average Diversions aiSe Water Avelino for Net Crop Aqui I Total Surface Sttwface Total Ream - Historic Accretions AVOW
Hoodoo*
Hsodpefe et Farm Heedgate_ Com.uvate we Irrigation CU Credit -Ream Flaws Rita Flmr .'.Rehm Flows Flows at d Depletions H00000.ca,Uaw
Divanlon w4/2%Daan Was... arstl%allber y Ravakemara at Fan atSasem sawn :. 6 Depletion
(ac-ft) (act) (aa9)'. (salt) (sat) (eon) OKA) (4K4t) (ac-ft) (earl).. (9040
Most (A). (B) (C) - ID) ;(E) (F) (G) (H) (I) (J) (K)
Jan 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4.47 4.47 -4.47 - -1.13
Feb 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3.83 3.83 -3.83 -0.97
Mar 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3.32 3.32 -3.32 -0.84
Apr 2.88 2.80 1.54 3.20 1.54 1.28 0.63 3.06 3.69 -0.88 -0.22
May 58.83 55.89 30.83 14.51 14.51 41.19 20.59 Ti8.51 29.10 26.59 6.71
an 76.30 - 74.77 41.13 31.07 31.07 43.71 21.8514.18 38.01 38.76 9.77
July 105.80 103.49 56.92 44.34 44.34 59.15 29.57 18.34 47.92 55.57 14.01
Aug 124.91 122.41 67.33 37.23 37.23 85.19 42.59 25.18 67.77 54.64 13.78
Sept 42.28 41.43 22.79 20.39 20.39 21.05 10.52 21.15 31.67 9.76 2.48
Oct 0.00 0.00 0.00 8.26 0.00 0.00 0.00 11.44 11.44 -11.44 -2.88
Nov 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6.95 6.95 -6.95 -1.75
Dec 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5.36 5.36 -5.38 -1.35
Total 409 401 220.3 159.0 149.1 er 251.5 125.8 125.8 251.5 149.1 37.6
(A)From Houck 2 Ditch Diversion records for 1974-1996(Al Hark 2 water used on Shaw Property)
(B)Water travels only 12 mile Bragh Houck 2 Ditch before Stew Properly
(C)Water available for mop consumption.(B)Farm Headgate Delivery'0.55
(D)Taken from Blaney-Cricket analysis h Appendix B
(E)The laser of water available for crop consumptive use and net crop kdgation requkements
(F)Total Rabin Flows,(B)-(E)
(G)Surface Return Flews at Farm,(F)'0S
(H)Lagged Subsurface Return Flows at Stream From Appendbr B
(I) Return flows realized by stream,(G)•(H)
(J) Historic Accretions and Depletions.(B)-(1)
(K)Accretion and depletions based on shares used for augmenting.(J)•(Shares Required/Shares Owned)
i
Table No.-5 Job Number. 01-128
Lafarge Date: 4/4/01
Shaw Pit Calc. By: JGM
Water Balance and Lease Water Required from Stromquist to meet Winter Replacements
Applied Shaw. Lagged Excess Credit Winter Replacements
Month Accretions Mining Mining to River from Stromquist
&Depletions Depletions Depletions Lease
(acre-feet) (acre-feet) " (acre-feet) (acre-feet) (acre-feet);
(A) (B) (C) (D) , (E)
January -1.13 0.71 0.80 1.9
February -0.97 0.84 0.89 1.9
March -0.84 1.26 1.24 2.1
April -0.22 2.07 1.96 2.2
May 6.71 2.73 2.59 4.12
June 9.77 3.45 3.27 6.51
July 14.01 3.66 3.52 10.49
August 13.78 3.27 3.23 10.55
September 2.46 2.38 2.46 0.00
October -2.88 1.67 1.79 4.7
November -1.75 0.93 1.10 2.8
December -1.35 0.70 0.83 2.2
Total 37.6 23.7 23.7 31.7 17.7
(A)Accretion and depletions based on shares used for augmenting;Table 4, column K
(B)Total mining depletions at Shaw Pit
(C)Lagged Mining Depletions from Stream Depletion Model
(D) Excess Credit to River from Houck 2 Ditch, (A)-(B)
(E)Total Winter Replacements for Mining Depletions and Return Flows, (C)-(A)
— Table No. -6
Lafarge Month:
Shaw Pit Year:
SUBSTITUTE WATER SUPPLY PLAN
MONTHLY ACCOUNTING FORM
DESCRIPTION I TOTALS FOR MONTH I YTD
1 Sand and Gravel Production (tons)
2 Moisture Loss in Material (ac-ft)
3 Dust Control(ac-ft)
4 Evaporation (ac-ft)
Totals (ac-ft)[Line 2+Line 3+Line 4]
2= (tons of material mined*0.04*2000/62.4)/43560
3=(gallons used/7.48)/43560
4 =monthly net evaporation*exposed water surface area
- Exposed water surface area= acres
Month I Monthly Net Evaporation(ft
Jan 0.07
Feb 0.09
Mar 0.11
Apr 0.19
May 0.24
Jun 0.36
Jul 0.41
Aug 0.36
Sep 0.24
Oct 0.17
Nov 0.09
Dec 0.07
Gross Annual Evaporation =38 inches
Annual Precipitation = 13.4 inches (taken from Colorado Climate Center)
Appendix B
Houck 2 Ditch Diversion
Stream Depletion Analysis
Shaw Pit 4/3/01
Stream Depletion Study Lakes
Distance from stream= =Mall ft
Transmissivity— �fiL.0t)• y.. ft
Specific Yield= 0.2
No-flow Boundary= 4225 ft
Consumed Cumulative Cumulative Volume of Volume of
Cumulative Volume Volume Volume of Depletion Stream
Time Month Pumped Pumped Depletion Thls Step Depletions
(months) (ac-ft) (ac-fl) (ae-ft) (ac-ft) (ac-ft)
1 Jan-01 0.71 0.710 0.599 0.5987
2 Feb-01 0.84 1.548 1.367 0.7687
3 Mar-01 1.26 2.806 2.512 1.1448
4 Apr-01 2.07 4.874 4.386 1.8737
5 May-01 2.73 7.609 6.905 2.5188 Year 1
6 Jun-01 3.45 11.063 10.110 3.2052
7 Jul-01 3.66 14.722 13.574 3.4644 22.79
8 Aug-01 3.27 17.987 16.753 3.1790
9 Sep-01 2.38 20.366 19.174 2.4205
10 Oct-01 1.67 22.032 20.927 1.7530
11 Nov-01 0.93 22.963 21.993 1.0666
12 Dec-01 0.70 23.664 22.793 0.7998
13 Jan-02 0.71 24.375 23.565 0.7717
14 Feb-02 0.84 25.213 24.433 0.8684
15 Mar-02 1.26 26.470 25.659 1.2255
16 Apr-02 2.07 28.539 27.601 1.9422
17 May-02 2.73 31.273 30.179 2.5778 Year 2
18 Jun-02 3.45 34.728 33.435 3.2564
19 Jul-02 3.66 38.386 36.944 3.5089 23.52
20 Aug-02 3.27 41.651 40.162 3.2176
21 Sep-02 2.38 44.030 42.616 2.4541
22 Oct-02 1.67 45.697 44.398 1.7822
23 Nov-02 0.93 46.627 45.490 1.0920
24 Dec-02 0.70 47.329 46.312 0.8218
25 Jan-03 0.71 48.039 47.103 0.7909
26 Feb-03 0.84 48.877 47.988 0.8850
27 Mar-03 1.26 50.135 49.228 1.2399
28 Apr-03 2.07 52.203 51.182 1.9547
29 May-03 2/3 54.938 53.771 2.5887 Year 3
30 Jun-03 3.45 58.392 57.037 3.2659
31 Jul-03 3.66 62.051 60.554 3.5171 23.64
32 Aug-03 3.27 65.316 63.779 3.2248
33 Sep-03 2.38 67.695 66.239 2.4603
34 Oct-03 1.67 69.361 68.027 1.7875
35 Nov-03 0.93 70.292 69.123 1.0966
36 Dec-03 0.70 70.993 69.949 0.8259
•
Consumed Cumulative Cumulative Volume of Volume of
Cumulative Volume Volume Volume of Depletion Stream
Time Month Pumped Pumped Depletion This Step Depletions
(months) (ac-ft) (ac-ft) (soft) (ac-ft) (ac-ft)
37 Jan-04 Oil 71.704 70.744 0.7944
38 Feb-04 0.84 72.542 71.632 0.8881
39 Mar-04 1.26 73.799 72.874 1.2426
40 Apr-04 2.07 75.868 74.831 1.9570
41 May-04 2.73 78.602 77.422 2.5908 Year 4
42 Jun-04 3.45 82.057 80.690 3.2676
43 Jul-04 3.66 85.715 84.208 3.5186 23.66
44 Aug-04 3.27 88.980 87.435 3.2261
45 Sep-04 2.38 91.359 89.896 2.4614
46 Oct-04 1.67 93.026 91.685 1.7885
47 Nov-04 0.93 93.956 92.782 1.0975
48 Dec-04 0.70 94.658 93.609 0.8266
49 Jan-05 0.71 95.368 94.404 0.7950
50 Feb-05 0.84 96.206 95.292 0.8887
51 Mar-05 1.26 97.464 96.535 1.2431
52 Apr-05 2.07 99.532 98.493 1.9575
53 May-05 2.73 102.267 101.084 2.5911 Year 5
54 Jim-OS 3.45 105.721 104.352 3.2680
55 Jul-05 3.66 109.379 107.871 3.5189 23.66
56 Aug-05 3.27 112.644 111.097 3.2264
57 Sep-05 2.38 115.024 113.559 2.4617
58 Oct-05 1.67 116.690 115.348 1.7887
59 Nov-05 0.93 117.620 116.445 1.0977
60 Dec-05 0.70 118.322 117.272 0.8268
61 Jan-06 0.71 119.032 118.067 0.7952
62 Feb-06 0.84 119.871 118.956 0.8888
63 Mar-06 1.26 121.128 120.199 1.2432
64 Apr-06 2.07 123.196 122.157 1.9575
65 May-06 2.73 125.931 124.748 2.5912 Year 6
66 Jun-06 3.45 129.386 128.016 3.2680
67 Jul-06 3.66 133.044 131.535 3.5190 23.66
68 Aug-06 3.27 136.309 134.761 3.2264
69 Sep-06 2.38 138.688 137.223 2.4617
70 Oct-06 1.67 140.354 139.012 1.7888
71 Nov-06 0.93 141.285 140.110 1.0977
72 Dec-06 0.70 141.987 140.936 0.8268
73 Jan-07 0.71 142.697 141.732 0.7952
74 Feb-07 0.84 143.535 142.620 0.8888
75 Mar-07 1.26 144.792 143.864 1.2432
76 Apr-07 2.07 146.861 145.821 1.9576
77 May-07 2.73 149.596 148.412 2.5912 Year 7
78 Jun-07 3.45 153.050 151.680 3.2680
79 Jul-07 3.66 156.708 155.199 3.5190 23.66
80 Aug-07 3.27 159.973 158.426 3.2264
81 Sep-07 2.38 162.353 160.888 2.4617
82 Oct-07 1.67 164.019 162.676 1.7888
83 Nov-07 0.93 164.949 163.774 1.0977
84 Dec-07 0.70 165.651 164.601 0.8268
85 Jan-08 0.71 166.361 165.396 0.7952
86 Feb-08 0.84 167.199 166.285 0.8888
87 Mar-08 1.26 168.457 167.528 1.2432
88 Apr-08 2.07 170.525 169.486 1.9576
89 May-08 2.73 173.260 172.077 2.5912 Year 8
90 Jun-08 3.45 176.714 175.345 3.2680
91 Jul-08 3.66 180.373 178.864 3.5190 23.66
92 Aug-08 3.27 183.638 182.090 3.2264
93 Sep-08 2.38 186.017 184.552 2.4617
94 Oct-08 1.67 187.683 186.341 1.7888
95 Nov-08 0.93 188.614 187.438 1.0977
96 Dec-08 0.70 189.315 188.265 0.8268
Consumed Cumulative Cumulative Volume of Volume of
Cumulative Volume Volume Volume of Depletion Stream
Time Month Pumped Pumped Depletion This Step Depletions
(months) (ac-it) (ac-ft) (ac-ft) (ac-ft) (ac-ft)
97 Jan-09 0.71 190.026 189.060 0.7952
98 Feb-09 0.84 190.864 189.949 0.8888
99 Mar-09 1.26 192.121 191.192 1.2432
100 Apr-09 2.07 194.190 193.150 1.9576
101 May-09 2.73 196.924 195.741 2.5912 Year 9
102 Jun-09 3.45 200.379 199.009 3.2680
103 Jul-09 3.66 204.037 202.528 3.5190 23.66
104 Aug-09 3.27 207.302 205.755 3.2264
105 Sep-09 2.38 209.681 208.216 2.4617
106 Oct-09 1.67 211.348 210.005 1.7888
107 Nov-09 0.93 212.278 211.103 1.0977
108 Dec-09 0.70 212.980 211.930 0.8268
109 Jan-10 0.71 213.690 212.725 0.7952
110 Feb-10 0.84 214.528 213.614 0.8888
III Mar-10 1.26 215.786 214.857 1.2432
112 Apr-10 2.07 217.854 216.814 1.9576
113 May-I0 2.73 220.589 219.406 2.5912 Year 10
114 Jun-10 3.45 224.043 222.674 3.2680
115 Jul-10 3.66 227.702 226.193 3.5190 23.66
116 Aug-10 3.27 230.967 229.419 3.2264
117 Sep-10 2.38 233.346 231.881 2.4617
118 Oct-10 1.67 235.012 233.669 1.7887
119 Nov-10 0.93 235.943 234.767 1.0977
120 Dec-10 0.70 236.644 235.594 0.8268
Houck 2 Ditch
Div 1 Total Number of Shares: All shares owned by Shaw Property
Dist 6
Year I Nov,'Dec I Jan' Feb Marl Apr May I Jun I Jul I Aug Sep Oct I Totals
1950 0 0 0 0 0 47.6 ') 41.7 47.6 167 282 71.4 0 657.3
1951 0 0 0 0 0 0 250 139 292 208 238 0 1127
1952 0 0 0 0 0 0 111 305 417 430 347 139 1749
1953 0 0 0 0 0 0 222 111 264 303 210 154 1264
1954 0 0 0 0 192 159 264 367 375 256 149 154 1916
1955 0 0 0 0 0 65.5 272 238 395 188 18.8 119 1296.3
1956 0 0 0 0 0 95.2 397 345 323 288 252 63.5 1763.7
1957 0 0 0 0 0 0 0 222 430 264 250 111 1277
1958 0 0 0 0 0 0 55.5 333 184 422 335 298 1627.5
1959 0 0 0 0 0 0 139 403 430 391 278 0 1641
1960 0 0 0 0 0 167 0 264 430 430 375 83.3 1749.3
1961 0 0 0 0 0 0 111 111 430 375 167 0 1194
1962 0 0 0 0 0 147 292 163 49.6 333 319 111 1414.6
1963 208 0 0 0 0 242 415 83.3 403 206 159 0 1716.3
1964 0 0 0 0 0 25.8 417 139 430 303 234 121 1669.8
1965 51.6 0 0 0 0 139 305 27.8 97.2 0 83.3 0 703.9
1966 0 0 0 0 0 157 240 208 430 389 115 0 1539
1967 0 0 0 0 0 127 305 0 0 430 280 153 1295
1968 0 0 0 0 0 111 305 319 13.9 389 242 0 1379.9
1969 0 0 0 0 0 288 69.4 0 403 121 212 17.9 1111.3
1970 0 0 0 0 0 0 149 65.5 99.2 399 319 0 1031.7
1971 0 0 0 0 0 180 39.7 268 430 301 169 0 1387.7
1972 0 0 0 0 0 188 282 292 430 407 131 0 1730
1973 0 0 0 0 0 0 0 236 430 430 0 0 1096
1974 0 0 0 0 0 0 95.2 179 143 116 122 0 655.2
1975 0 0 0 0 0 0 264 0 119 149 143 0 675
1976 0 0 0 0 0 71.4 65.5 35.7 95.2 83.3 53.6 0 404.7
1977 0 0 0 0 0 0 65.5 35.7 280 161 95.2 0 637.4
1978 0 0 0 0 0 0 0 59.5 143 153 0 0 355.5
1979 0 0 0 0 0 0 0 0 179 83.3 0 0 262.3
1980 . 0 0 0 0 0 0 0 109 55.5 220 0 0 384.5
1981 0 0 0 0 0 0 0 29.8 167 0 0 0 196.8
1982 0 0 0 0 0 0 0 0 47.6 63.5 0 0 111.1
1983 0 0 0 0 0 0 0 0 55.5 53.6 65.5 0 174.6
1984 0 0 0 0 0 0 0 0 125 89.3 0 0 214.3
1985 0 0 0 0 0 0 0 0 59.5 143 155 0 357.5
1986 0 0 0 0 0 0 41.7 103 69.4 55.5 0 0 269.6
1987 0 0 0 0 0 0 119 97.2 97.2 139 0 0 452.4
1988 0 0 0 0 0 0 0 119 167 35.7 0 0 321.7
1989 0 0 0 0 0 0 222 0 347 139 0 0 708
1990 0 0 0 0 0 0 0 208 0 264 264 0 736
1991 0 0 0 0 0 0 175 149 13.9 0 0 0 337.9
1992 0 0 0 0 0 0 149 333 41.7 143 0 0 666.7
1993 0 0 0 0 0 0 111 107 0 218 0 0 436
1994 0 0 0 0 0 0 0 167 0 333 0 0 500
1995 0 0 0 0 0 0 0 0 274 430 391 0 743.7
1996 0 0 0 0 0 0 0 116 0 50.6 0 0 166.6
1997 0 0 0 0 0 0 5.95 59.5 59.5 0 0 0 124.95
1998 0 0 0 0 0 0 107 0 101 0 119 0 327
1950-1998 Avg 5.30 0.00 0.00 0.00 3.92 45.11 124.55 134.58 203.94 217.71 122.68 31.12 888.91
1974-1998 Avg 0.00 0.00 0.00 0.00 0.00 2.86 56.83 76.30 105.60 124.91 42.28 0.00 408.78
ge1of3
i
COLORADO'S
r Decision Support Systems
0‘CT- ;t:\-\ \ ivy Data Products Documentation Ca
STRUCTURE SUMMARY FOR: HOUCK 2 DITCH
WATER DISTRICT: 6
ID NUMBER: 534
WATER SOURCE: BOULDER CREEK AT STREAM MILE:
LOCATION: 2N 68W 29 IN WELD COUNTY
TOTAL IRRIGATED ACRES: See irrigated acres summary.
ESTIMATED CAPACITY: 7. 1
DECREED CAPACITY: 7.16 CFS
MEASURING DEVICE/RECORDER: 8 FT PAR/TYPE F
CONTACT: NELSON, MILTON (OWNER)
ADDRESS 1: 3521 CAMDEN
CITY/STATE/ZIP: LONGMONT CO
WATER RIGHTS TRANSACTION INFORMATION
DECREED DECREED ADJ
ADMIN NO ADJ DATE APPRO DATE COURT NO RATE (CFS) VOL. (AF) TYPE STATUS USES COMMENT
4109.00000 1882-06-02 1861-04-01 1278 7. 16 0 A IRA 21
i
IRRIGATED ACRES SUMMARY
ilif
GIS Total (Acres) : Reported:
Diversion Comments Total (Acres) : 590.0 Reported:1982
Structure Total (Acres) : Reported:1998
No GIS irrigated acres records to display
-s.state.co.us/cgi-bin/cgirun.exe 3/5/01
Page 2 of 3
I 1
DIVERSION SUMMARY IN ACRE FEET - TOTAL THROUGH STRUCTURE
YEAR FDU LDU DWC MAXQ & DAY NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT T
1950 04/11 09/12 74 7.00 05/22 47.6 41.7 47.6 167 282 71.4
1951 05/11 09/30 86 7.00 05/11 250 139 292 208 238
1952 05/21 10/10 126 7.00 05/21 111 305 417 430 347 139
1953 05/08 10/31 125 7.00 05/08 222 111 264 303 210 154
1954 03/16 10/31 195 7.00 03/20 192 159 264 367 375 256 149 154
1955 04/25 10/15 122 7 .00 04/26 65 .5 272 238 395 188 18 .8 119
1956 04/23 10/16 166 7.00 05/06 95.2 397 345 323 288 252 63.5
1957 06/15 10/17 92 7.00 06/15 222 430 264 250 111
1958 05/28 10/22 126 7.00 05/28 55.5 333 184 422 335 298
1959 05/12 09/28 129 7.00 05/12 139 403 430 391 278
1960 04/18 10/06 126 7.00 04/18 167 264 430 430 375 83.3
1961 05/08 09/19 86 7.00 05/08 111 111 430 375 167
1962 04/20 10/31 107 7.00 04/21 147 292 163 49.6 333 319 111
1963 11/01 09/18 141 7 .00 11/01 208 242 415 83.3 403 206 159
1964 04/27 10/13 137 7.00 04/30 25.8 417 139 430 303 234 121
1965 11/02 09/19 60 7.00 04/21 51.6 139 305 27.8 97.2 83.3
1966 04/06 09/29 118 7.00 04/12 157 240 208 430 389 115
1967 04/04 10/11 97 7.00 04/07 127 305 430 280 153
1968 04/15 09/30 119 7.00 04/15 111 305 319 13. 9 389 242
1969 04/07 10/03 96 7.00 04/14 288 69.4 403 121 212 17.9
1970 05/07 09/23 104 7.00 07/30 149 65.5 99.2 399 319
1971 04/13 09/16 122 7.00 04/13 180 39.7 268 430 301 169
1972 04/08 09/14 140 7.00 05/21 188 282 292 430 407 131
1973 06/14 08/31 79 7.00 06/14 236 430 430
1974 05/16 09/16 104 4.50 08/29 95.2 179 143 116 122
1975 05/05 09/24 90 7.00 05/05 264 119 149 143
1976 04/19 09/09 66 6.00 07/19 71.4 65.5 35.7 95.2 83. 3 53. 6
1977 05/07 09/16 91 6.00 07/05 ,... 65.5 35.7 28,0 161 95.2 ..;,.
1978 06/01 01/30 53 5.00 08/15
59.5 143 153
1979 07/02 08/16 44 3.00 07/02 179 83 .3
1980 06/20 08/20 37 6.00 08/02 109 55.5 220
1981 06/26 07/31 25 6.00 07/03 29.8 167
1982 07/26 08/08 14 4.00 07/26 47.6 63.5
1983 07/01 09/13 29 4.00 07/01 55.5 53. 6 65.5
1984 07/06 08/15 36 3.00 07/06 125 89.3
1985 07/01 09/21 30 6.00 07/01 . 59.5 143 155
1986 05/ 15 08/04 20 7.00 05/15 41.7 103 69.4 55.5
1987 05/17 08/16 34 7.00 06/20 119 97 .2 97.2 139
1988 06/05 08/03 27 6.00 06/05 119 167 35.7
hi
1 .state.co.us/cgi-bin/cgirun.exe 3/5/01
i
Appendix C
Blaney-Criddle Analysis
♦.l,...,....J„ ....V Mlle'alle. P 1e 3 of 3
1989 05/10 08/10 51 7.00 05/10 222 347 139
1990 06/08 09/30 53 7.00 06/08 208 264 264
1991 05/14 07/01 30 7.00 06/21 175 149 13. 9
1992 05/19 08/12 57 6.00 05/20 149 333 41.7 143
1993 05/13 08/20 39 7.00 05/13 111 107 218
1994 06/13 08/30 43 6.00 06/13 167 333
1995 07/12 09/04 55 7.00 07/13 274 430 39.7
1996 06/07 08/28 29 3.00 06/08 116 50. 6
1997 05/31 07/16 21 3.00 05/31 5.95 59.5 59.5
1998 05/14 09/23 55 3.00 05/14 107 101 119
AVE: 05/24 09/13 79 6.21 06/03 5.30 3. 93 45.1 125 135 204 218 123 31.1
49 years with diversion records Average Flow = 5. 67
Notes: The average considers all years with diversion records, even if no water is diverted.
Diversion comments are NOT considered in the average.
cdss@state.co.us I CDSS Help I Contact CDSS [CDSS Home I View Data
Query and formatting took 46.70 seconds.
HydroBase output generated on: 2001-03-05 10:28:53 MST
,:;;- • state.co.us/cgi-bin/cgirun.exe 3/5/01
I 1 1
Appendix C Job Number: 01-128
Lafarge Date: 3/21/01
Shaw Pit Calc. By: JGM
Modified Blaney-Criddle Consumptive Use Analysis
Crop: Pasture Grass Calculated Number of Days in Growing Season= 201
Weather Station: Longmont 2ESE Maximum Number of Days in Growth Period= Variable
Latitude of Project Site: 40.1
Earliest Growth Date Temperature(°F)= 45 Earliest Growth Date= April 9
Latest Growth Date Temperature(°F)= 45 Latest Growth Date= October 26
Midpoint of Mean Monthly Climate Growth Consumptive Percent Daylight"for Consumptive Percent of Potential Crop
Month Growth Period Temperature Coefficienr Stage Use 40.1 Use Month in Consumptive Use
t Coefficient Coefficient Degrees Latitude "'Factor Growing U
F) Kr. Ke K P F Season 4 (inches)
January -N/A - 26.7 0.15 0.49 0.07 6.74 1.80 0% 0.00
February -N/A - 31.5 0.23 0.57 0.13 6.72 2.12 0% 0.00
March --N/A - 37.8 0.34 0.73 0.25 8.32 3.14 0% 0.00
April April 19 48.2 0.52 0.86 0.45 8.93 4.31 73% 1.41
May May 15 56.9 0.67 0.90 0.60 10.02 5.70 100% 3.44
June June 15 66.2 0.83 0.92 0.76 10.10 6.68 100% 5.11
July July 15 71.8 0.93 0.92 0.85 _ 10.23 7.34 100% 6.27
August August 15 69.9 0.90 0.91 0.81 9.55 6.68 100% 5.44
September September 15 61.1 0.74 0.87 0.65 8.39 5.13 100% 3.31
October October 13 50.6 0.56 0.80 0.45 7.75 3.92 84% 1.47
November —N/A — 37.0 0.33 0.67 0.22 6.73 2.49 0% 0.00
December —N/A — 29.3 0.19 0.55 0.11 6.53 1.91 0% 0.00
Equations:
U= K'Fe(%of Month in Growing Season)
ria
K= Kt'K°
F= (teP)/100
7WttleApplegate,lna
Kt=0.0173(t)-0.314 Come1tan4 er tae8.Mine l and W.I r Development
11990 Gram St.Suite 304.Denver,CO 80233
I I I
Appendix C Job Number: 01-128
Lafarge Date: 3/21/01
Shaw Pit Calc.By: JGM
Net Irrigation Requirement
Weather Station: Longmont 2ESE
Crop: Pasture Grass
Application Depth (D)= 3
Application Factor(F)= 1.00
#of Acres Irrigated = 100
Mean Monthly Potential Crop Effective Net Irrigation i Net Irrigation
Month Precipitation Consumptive Use Preapitatlon Requirement Requirement
(inches) (inches) -t hes) _ (incites) (acre-feet),
January 040 0.00- 0.22 0.00 0.00
February 0.39 0.00 0.21 0.00 0.00
March 1.10 0.00 0.65 0.00 0.00
April 1.71 1.41 1.07 0.34 2.83
May 2.47 _ 3.44 1.67 1.77 14.73
June 1.76 5.11 1.35 3.76 31.35
July 1.13 6.27 0.95 5.32 4.4.34
August 1.24 5.44 0.99 4.45 37.08
September 1.24 3.31 0.88 2.43 20.28
October 0.86 1.47 0.55 0.92 7.64
November 0.67 0.00 0.39 0.00 0.00
December 0.47 0.00 0.27 0.00 0.00
Total 1 13.4 26.5 9.2 19.0 158.3
a_
�i
in
'hmttleApplegate,lnc.
Condtau for Land.Mme al and Water Dwelopmat
11990 Grant St.,Suite 30/,Denver,CO 80233
Appendix D
Lagged Subsurface Return Flows
Recharge Analysis
Shaw Pit
4/3/01
Historic Return Flows Lakes
Distance from stream= t i' ft
Transmissivity= �'Vrt IA.. ft
Specific Yield= 0.2
No-flow Boundary= 4225 ft
Consumed Cumulative Cumulative Volume of Volume of
Cumulative Volume Volume Volume of Depletion Stream
Time Month Pumped Pumped Depletion This Step Depletions
(months) (ac-fl) (ac-fl) (ac-fl) (ac-ft) (ac-ft)
1 Jan-01 0.00 0.000 0.000 0.0000
2 Feb-01 0.00 0.000 0.000 0.0000
3 Mar-01 0.00 0.000 0.000 0.0000
4 Apr-01 0.63 0.631 0.179 0.1786
5 May-01 20.59 21.223 6.185 6.0066 Year I
6 Jun-01 21.85 43.076 18.174 11.9891
7 Jul-01 29.57 72.650 34.631 16.4566 98.40
8 Aug-01 42.59 115.243 58.173 23.5416
9 Sep-01 10.52 125.766 77.898 19.7252
10 Oct-01 0.00 125.766 88.096 10.1982
II Nov-01 0.00 125.766 93.969 5.8729
12 Dec-01 0.00 125.766 98.396 4.4272
13 Jan-02 0.00 125.766 102.057 3.6610
14 Feb-02 0.00 125366 105.186 3.1287
15 Mar-02 0.00 125.766 107.890 2.7038
16 Apr-02 0.63 126.397 110.413 2.5238
17 May-02 20.59 146.990 118.457 8.0432 Year 2
18 Jun-02 21.85 168.843 132.215 13.7584
19 Jul-02 29.57 198.417 150.209 17.9939 120.72
20 Aug-02 42.59 241.009 175.086 24.8772
21 Sep-02 10.52 251.533 195.972 20.8857
22 Oct-02 0.00 251.533 207.178 11.2066
23 Nov-02 0.00 251.533 213.928 6/49!
24 Dec-02 0.00 251.533 219.116 5.1886
25 Jan-03 0.00 251.533 223.439 4.3225
26 Feb-03 0.00 251.533 227.142 3.7036
27 Mar-03 0.00 251.533 230.346 3.2033
28 Apr-03 0.63 252.164 233.303 2.9577
29 May-03 20.59 272356 241.724 8.4204 Year 3
30 Jun-03 2185 294.609 255.810 14.0860
31 Jul-03 29.57 324.183 274.088 18.2785 124.83
32 Aug-03 42.59 366.776 299.212 25.1242
33 Sep-03 10.52 377.299 320.313 21.1006
34 Oct-03 0.00 377.299 331.706 11.3933
35 Nov-03 0.00 377.299 338.618 6.9111
36 Dec-03 0.00 377.299 343.948 5.3302
Consumed Cumulative Cumulative Volume of Volume of
Cumulative Volume Volume Volume of Depletion Stream
Time Month Pumped Pumped Depletion This Step Depletions
(months) (ac-ft) (ac-ft) (ac-ft) @ac-ft) (ac-ft)
37 Jan-04 0.00 377.299 348.393 4.4451
38 Feb-04 0.00 377.299 352.203 3.8100
39 Mar-04 0.00 377.299 355.499 3.2958
40 Apr-04 0.63 377.930 358.537 3.0381
41 May-04 20.59 398.523 367.027 8.4902 Year 4
42 Jun-04 21.85 420.376 381.174 14.1467
43 Jul-04 29.57 449.950 399.505 18.3314 125.59
44 Aug-04 42.59 492.542 424.675 25.1699
45 Sep-04 10.52 503.066 445.816 21.1406
46 Oct-04 0.00 503.066 457.244 11.4278
47 Nov-04 0.00 503.066 464.185 6.9411
48 Dec-04 0.00 503.066 469.542 5.3569
49 Jan-05 0.00 503.066 474.009 4.4678
50 Feb-05 0.00 503.066 477.839 3.8301
51 Mar-05 0.00 503.066 481.153 3.3133
52 Apr-05 0.63 503.697 484.205 3.0522
53 May-05 20.59 524.289 492.708 8.5030 Year 5
54 Jun-05 21.85 546.142 506.866 14.1580
55 Jul-05 29.57 575.716 525.207 18.3410 125.73
56 Aug-05 42.59 618.309 550.385 25.1785
57 Sep-05 10.52 628.832 571.533 21.1480
58 Oct-05 0.00 628.832 582.968 11.4342
59 Nov-05 0.00 628.832 589.914 6.9467
60 Dec-05 0.00 628.832 595.276 5.3616
61 Jan-06 0.00 628.832 599348 4.4719
62 Feb-06 0.00 628.832 603382 3.8339
63 Mar-06 0.00 628.832 606.898 3.3165
64 Apr-06 0.63 629.463 609.953 3.0548
65 May-06 20.59 650.056 618.458 8.5054 Year 6
66 Jun-06 21.85 671.909 632.618 14.1600
67 Jul-06 29.57 701.483 650.961 18.3428 125.76
68 Aug-06 42.59 744.075 676.141 25.1803
69 Sep-06 10.52 754399 697.291 21.1492
70 Oct-06 0.00 754.599 708.726 11.4354
71 Nov-06 0.00 754.599 715.674 6.9477
72 Dec-06 0.00 754.599 721.036 5.3625
73 Jan-07 0.00 754.599 725.509 4.4729
74 Feb-07 0.00 754.599 729.344 3.8345
75 Mar-07 0.00 754.599 732.661 3.3169
76 Apr-07 0.63 755.230 735.716 3.0553
77 May-07 20.59 775.822 744.222 8.5059 Year 7
78 Jun-07 21.85 797.675 758.382 14.1601
79 Jul-07 29.57 827.249 776.726 18.3434 125.77
80 Aug-07 42.59 869.842 801.906 25.1806
81 Sep-07 10.52 880.365 823.056 21.1494
82 Oct-07 0.00 880.365 834.491 11.4357
83 Nov-07 0.00 880.365 841.439 6.9476
84 Dec-07 0.00 880.365 846.802 5.3627
85 Jan-08 0.00 880.365 851.275 4.4733
86 Feb-08 0.00 880.365 855.110 3.8348
87 Mar-08 0.00 880.365 858.427 3.3171
88 Apr-08 0.63 880.996 861.482 3.0551
89 May-08 20.59 901.589 869.988 8.5060 Year 8
90 Jun-08 21.85 923.442 884.148 14.1601
91 Jul-08 29.57 953.016 902.492 18.3438 125.77
92 Aug-08 42.59 995.608 927.673 25.1809
93 Sep-08 10.52 1006.132 948.821 21.1489
94 Oct-08 0.00 1006.132 960.257 11.4359
— 95 Nov-08 0.00 1006.132 967.205 6.9475
96 Dec-08 0.00 1006.132 972.568 5.3627
Consumed Cumulative Cumulative Volume of
Cumulative Volume Volume Volume of
Time Month Pumped Depletion olume of Depletion is Step Stream
pl
(months) (ac-ft) ff)) c-11) ThisDepletions
97 (ac-11) .4738 (ac-ft)
Jan-09 0.00 1006.132 977.041 4.4738 98 Feb-09 0.00 1006.132 980.876 3.8346
99 Mar-09 0.00 1006.132 984.193
I00 Apr-09 0.63 ,006.763 987.248 3.0151
8.5061
101 May-09 20.59 1027.355
102 Jun-09 995. 8.5060 Year 9
21.85 1049.208 1009.91.91 4 14.1601
103 Jul-09 29.57 1078.782 1028.258 18.3436
104 Aug-09 42.59 1121375 1053.439 25.1811 125.77
105 Sep-09 10.52 1131.898 1074.588
21.1487
4
106 Oct-09 0.00
107 1131.898 1086.023 11.4358
Nov-09 0.00 1131.898 1092.971 6.9477
108 Dec-09 0.00 1131.898 1098.333
109 Jan-10 5.3623
0.00 1131.898 1102.808 4.4742
110 Feb-10 0.00 1131.898 1106.642
Ill Mar-10 3.8348
0.00 1131.898 1109.960 3.3173
112 A r-10
P 0.63 1132.529 1113.015 3.0549
I13 May-I0 Y 20.59 1153.122 1121.520 8.5055 Year 10
214 Jun-10
21.85 1174.975 1135.680 14.1599
115 Jul-10 29.57 1204.549 1154.023 18.3433
116 Aug-10 42.59 1247.141 1179.205 25.1814 125.77
117 Sep-10 10.52 1257.665 1200.354 21.1488
118 Oct-10
0.00 1257.665 1211.789 ]].4353
119 Nov-10 0.00 1257.665 1218.736 6.9476
120 Dec-10 0.00 1257.665
1224.099 5.3625
Appendix E
600 ft. Field Investigation
Prase complete this tom In 1W" *PL reaelpt no(s). �,,�
�WD Gilfl g S tkiusq
DATE OF INSPECTION_ IJ 3 " Z4p PURPOSE OF INSPECTION:LATE REG..• OTHER
APPUC*; person contacted k not applicant rata. r
ADDRESS: ' W.C.name&phone#: (t&4 corketi,
3 oY .p 9'Uo 3
phone:
•
EXISTING WELL LOCATION:
1/4, 1/4,Sec. ,Twp. .Rng P.
DIST. homN/Ssecline, fromE/WsecJine;Counth• •
of rapt, glue dist b dlr. to new well site— )
circle type of existing well: DRILLED, NAND DUG, SPRING WELL, GALLERY WELL, GRAVEL PIT, OTHER
any other wells are located on this parcel?(yes)a wvmvy (tw);pennica+.+.wn
EST.DATE WELL CONSTRUCTED DATE OF FIRST USE EST.PUMPING RATE
TOTAL # OF ACRES IN THIS TRACT/PARCEL ACRES ,
a •
ddress
yo� W `fpoppeerrty},(If different than applicant address): .
add /par a: 6
# a
•
acres inigated(non-exempt/crop in) PL NAME OFAUG. AN?•
• USE OF WELL
household use in (indicate how mare single fan*y dwellings) '
—watering of poultry and/or domestic animals ('domestic animals'would include a fe�v cows, horses,etc.)
watering of livestock on a farm or ranch—approx.how many heed?
is this a feed lot? :how many head?
or Is important to specify estimated historic Wm/garden hr) kr. square feet/acre of lawn and/or gam
Ike protection
commercial drinking&sat. only?(write details hi'commenW section)
other(write details ht'co:m enet section) Y:
yes / no WERE THE USES CHECKED ABOVE INITIATED PRIOR TO MAY 8, 1972?
NOTE:(F ANY CHANGE IN THE HISTORIC USE OF THIS WELL HAS OCCURRED SINCE MAY 8. 1972. ok
indicate the deters)the use changed.and discuss this changelandlor expansion of the currentlor orocosed
in the 'comments'section of this tong
(r completing Inspection for NONEXEMPT(USES,use comments section below(include case#, *acres hr.if eppicaibie,E
*signed: t ' Q 1, GIVJA4)•J detect ii.111 214I
additional comments andlor Nomtat= 1Ne.0 s a eau- 4t I1nt u t/ :.- 6001
42Ltc1 3_04 91 ) ISY4$ R ) I tc8F ) y1SwF
•
450 inn&H61 a we (l dwheA hh SL&w-
more room comments on the back
f _ . F.. _ " R68W� -_ _ .
, r- /� ' / � .F
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y
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. ... 19 'I y __ t . s ,
I"' !1
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1 b /
9 7l may/ •
_) �'• // 1-42169F '
.�YavL�Yd Ridgsacte ; - _ EXTENT OF
1 � � v,!- MINING
YF•
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a
3-15958R `I-' ,x ..- 2-30491 .-��,,,
'�pv�'� J • 600
BOUNDARY_-�v s
I
) . 0:
3 5-47353E
} 19'1v9 . 4-10458F ,,
/./) V , 1 ,r ,QIE� 'i !Q—_
•
•
.� 1 •
1
y T b
! fin'
• _4
3 i
2 • 33
,C
I
2000 1000 0 2000
SCALE IN FEET
FIGURE 3
data 3-20-01
Job m: 01-1}0 LAFARGE
_
Dram Y>5 TuttleApplegate,lnc.
°`° sHAw PIT �� = = Casaba fa La Mena.m WW
Checked: WM
fie: dine She.Yenta WELL LOCATION MAP °0737= "'
S:Wc 1'-ZOtp' �
� • YR 01aCmAtmaOYry,Yv
Appendix F
Average Monthly Precipitation Data
-`age 1 of 1
i
Monthly Climatic Data for LONGMONT 2ESE for years 1948 - 1999
Station - 55116 Latitude - 4010 Longitude - 10504 Elevation - 4950
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual
Total monthly precipitation.
Ave 0. 40 0.39 1. 10 1.71 2.47 1.76 1.13 1.24 1.24 0.86 0.67 0.47 13.54
Max 1.35 1. 45 4.68 5.15 7.00 5.09 3.49 4.77 3.88 4.80 2. 46 1. 73 20. 89
Year 1996 1987 1983 1999 1995 1967 1967 1992 1961 1969 1983 1987 1983
Min 0.00 0. 00 0. 10 0.01 0. 08 0.01 0. 06 0.00 0.00 0.00 0. 00 0. 00 6. 76
Year 1952 1992+ 1966 1963+ 1974 1971 1989 1971 1992+ 1995 1949 1991+ 1954
Count 51 50 51 51 51 51 51 52 52 52 51 52 49
http://ccc.atmos.colostate.edu/cgi-bin/mlydb.pl 3/5/01
Right to Mine Sand and Gravel
Shaw Prooe[ty-03/02/00
OPTION AND AGREEMENT TO PURCHASE SAND AND GRAVEL
THIS OPTION AND AGREEMENT TO PURCHASE SAND AND GRAVEL (herein
called "this Agreement") is made and entered into as of the r—day of MA¢cH- , 2000 by
and between VIRGINIA SHAW ("Seller") and MINERAL RESERVES, INC., a Colorado
corporation("the Company")
Recitals
A. Seller owns certain real property in Weld County, Colorado, more particularly
described in Exhibit A hereto, including without limitation three parcels, described as the"South
Parcel", "West Parcel",and"North Parcel", as more specifically described in Exhibit B hereto.
B. Seller and the Company (as assignee) are parties to a certain Mineral Deed
recorded in Book 1185 at Page 1343 of the Weld County Clerk and Recorder's records (the
"Original Mineral Deed") and a related Mining Agreement (the"Original Mining Agreement"),
each dated October 8, 1987, and both of which are subject to an amendment dated June 7, 1991.
C. Seller and the Company desire to enter into an option for the Company to purchase
the sand and gravel in place in the South Parcel and the West Parcel and a related agreement for
operations on such parcels and to amend the existing Original Mining Agreement and Original
Mineral Deed as to the North Parcel on the terms and conditions set forth in this agreement.
Option
NOW,THEREFORE, for and in consideration of the option payment herein set forth,the
mutual promises and covenants set forth herein and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged,the parties agree as follows:
1. In consideration of the sure of fifty thousand dollars (the "Option
Payment"), receipt of which is hereby acknowledged by Seller, Seller, for herself, her heirs,
personal representatives, successors, and assigns, hereby gives and grants unto the Company, its
successors and assigns,the exclusive right and option to purchase sand, gravel and stone in place
and existing in and under and that may be produced from and within all of the three parcels of
real estate situate in Weld County, Colorado, described in Exhibit A attached hereto and by this
reference made a part of this Option (the "Property"), together with any precious metals
contained within said sand, gravel and stone (collectively, "Materials") at the price, for the term,
and upon and subject to all of the other terms and conditions set forth in this Agreement (the
"Option").
2. The term of the Option shall be for an original eighteen-month period
commencing on the date first above written, subject to Section 3 hereof(the"Option Period"). If
not exercised within the time required by this Section and Section 3 this Option shall expire and
be of no further effect and Seller may retain all payments received from the Company as her
compensation for the grant of this Option and/or for the Original Mining Agreement and Original
Mineral Deed and the Original Mineral Deed and Original Mining Agreement shall terminate,
with rights thereunder reverting to Seller.
3. The Company agrees, within thirty (30) days after the date hereof, to retain, at its
expense, an engineering or consulting firm and begin to formulate engineering, mining, and
reclamation plans and the Company will thereafter diligently pursue the application process to
obtain the necessary legal permission to conduct its sand and gravel operations on the Property.
The three parcels included in the Property shall be permitted under a single permit application to
Weld County and to the Colorado Division of Minerals and Geology,provided,however,that the
Company reserves the right to adjust the mining and reclamation plans to the extent that
objections of the regulatory authorities or the public jeopardize the ability to obtain approvals for
the entire project, so as to minimize or obviate such objections and provided, further, however,
that any modification that deletes or substantially alters the size of the lakes to be developed on
the South Parcel and West Parcel, respectively, shall require the mutual agreement of the parties.
The Company shall meet with Seller and discuss and negotiate in good faith to reach a
reclamation plan for the Property to which both agree and which is a minimum acceptable to the
Mined Land Reclamation Board. If said reclamation plan agreed upon includes provisions which
shall cause the Company to incur costs in excess of what would have been otherwise incurred to
meet minimum requirements, Seller shall reimburse the Company for said additional costs.
Seller authorizes the Company at its expense and as appropriate in Seller's name, to file such
petitions or applications for special or conditional use permits,variances or exceptions as well as
other required governmental approvals, permits, licenses or rights and agree to cooperate with
the Company and to execute or join in applications, plats and other documents which the
Company believes required to obtain the same. The Company shall complete, on or before the
date set by the various regulatory agencies, such reclamation plan as is finally approved and
required by the various regulatory agencies and agreed to by Seller. Notwithstanding Section 2
hereof,if the Company has diligently applied for all required authorizations and permits and any
such permit is pending at the end of the Option Period, the Option Period shall be extended until
fifteen (15) days after such authorization or permit is acted upon by applicable authorities or
until six months after the end of the Option Period,whichever occurs first. The Company agrees
to keep Seller informed as the application process progresses and to furnish Seller with two
copies of the reclamation plan approved by the Company and Seller at the time of submittal to
Weld county and to advise Seller of any significant changes to the approved plan proposed by
the Company and/or by any regulatory agency.
4. Seller agrees to supply a title commitment for the South Parcel and West Parcel to
the Company, together with legible copies of all instruments giving rise to title exceptions in
such commitment, within 15 days after the date of this Agreement. The Company shall then
have 15 days after receipt of the commitment and all exception documents to review the same
and to advise Seller of any objections to title. If the Company does not object to an exception,
title shall be deemed accepted as to such exception. If the Company objects to any title matter,
Seller shall have 30 days to cure the same. If Seller fails or is unable to cure any such title
defect,the Company may terminate this Option and shall then be entitled to a refund of the entire
Option Payment or may waive such defect.
- 2 -
5. The Company may exercise the Option at any time during the Option Period not
later than fifteen (15) days after the Company shall have obtained all governmental approvals,
permits, licenses and rights required for the Company's proposed operations on the Property.
The Option shall be exercised by the Company' s either delivering personally or depositing in the
United States certified mail, return receipt requested, notice of such exercise addressed to Seller
at the address set forth below. Upon exercise this Agreement shall become the purchase and sale
agreement for the Materials.
6. This Agreement is subject to approval of the senior management of the Company.
If such approval is not obtained within thirty (30) days after the date set forth in the initial
paragraph hereof, the Company may terminate this Agreement by notice to Seller and Seller
shall return to the Company the Option Payment, in which case all of the Company's rights
under this Agreement shall terminate and this Agreement shall be null and void. In such event
the terms and conditions of the Original Mining Agreement and Original Mining Deed shall
remain in full force and effect according to their terms.
7. Seller hereby grants to the Company the right through its agents, employees and
contractors during the term of the Option Period to enter upon the Property, and to core, auger,
drill trench and otherwise test and sample stone, sand, gravel, soil and earth in, on and under the
Property and with free ingress and egress to and from the Property for such purposes and to bring
thereon and remove tools,machinery and equipment and to take and remove such samples. The
results of the Company's testing, sampling and other operations shall be and remain the
Company's confidential information and its sole and exclusive property. The Company shall pay
Seller the reasonable value of crops growing on the Property which are destroyed by operations
pursuant to this Section, and shall pay Seller for any damages caused by the Company's
operations pursuant to this Section.
Purchase and Sale
If the Company exercises the Option, then this Agreement shall become the purchase and
sale agreement and the mining agreement between the parties, and each shall have the following
rights and obligations:
8. The Option Payment described in Section 1 shall be considered as part of and
shall be credited against the Purchase Price for the Materials in the South Parcel and West Parcel
pursuant to Sections 9(a) and 10.
9. Within 15 days of notice of exercise of the Option, Seller and the Company shall
schedule a eable ti, ri location (the f losing") At the Closing the
following shall occur:
(a) The Company shall pay Seller the sum of by certified or
cashier's check. Such payment, together with thi Option Payment described in Section
1, shall be deemed payment in advance for the purchase tons of Usable Material from
the West Parcel and all Usable Material the Company extracts from the South parcel pursuant to
Section 10. "Usable Material" shall mean Materials extracted and removed from the Property.
- 3 -
The Company agrees to remove all Materials which meet commercial specifications for
construction aggregates or other salable Materials and which are not needed for reclamation.
Additionally, both parties agree that up to twenty percent (20%) of the mineable in situ sand and
gravel onsite may need to be rejected in order to meet commercial specifications.
(b) Seller shall deliver to the Company a Mineral Deed substantially in the
form of Exhibit C hereto, conveying to the Company the Materials in all of the Parcels and
expressly amending and superseding the existing recorded Mineral Deed for the North Parcel.
(c) As security for the performance of its obligations hereunder, the Company
shall execute a Deed of Trust to the public trustee covering the property granted by the revised
Mineral Deed and in the form attached hereto as Exhibit D.
10. After Closing, the Company shall diligently commence, and substantially
complete prior to October 31, 2002, excavation of a lake on the South Parcel with a surface area
of at least 30 acres and related reclamation. The Company shall have no obligation to line the
excavation after it is completed. In consideration of the payments provided for in Section 9(a)
and of the Company's excavating the South Parcel lake, the Company is granted title to and will
be entitled to extract, remove and sell for its own account all Materials within the South Parcel,
without further payment therefor to Seller,under Section 11(b)or otherwise. Materials extracted
and removed from the South Parcel shall not be charged against tht - ton amount
removable from the West Parcel pursuant to Sections 9(a) and 11(a), and in no event shall any
amount be payable by the Company to Seller for Materials removed from the South Parcel after
the initial payment pursuant to Section 9(a). Subject to the existing topographic and
geographical constraints, the Company shall design and construct the South Parcel lake in a
reasonably compact and regular form and shall consult with Seller as to the surface configuration
of such lake, but the final configuration shall be within the sole determination of the Company,
subject to the minimum surface acreage requirement.
11. Provided that the Company has diligently commenced excavation of the lake on
the South Parcel and is otherwise in substantial compliance with this Agreement, the Company
shall have and is hereby granted the sole and exclusive right to enter upon the West Parcel and to
extract and remove Materials from the West Parcel upon and subject to all of the following
terms:
(a) The Company shall have the right to remove all Materials up to
tons of Usable Material from the West Parcel without further payment to Seller beyond the
consideration paid by the Company pursuant to Section 9(a).
tons e€ Usable--
Material from the West Parcel, if additional Usable Material is extracted and removed by the
Company from the West Parcel, the Company shall pay for such Usable Material at the rate of
per ton, subject to adjustment as follows. On each anniversary of the date of this
Agreement, the per ton purchase price for Usable Material shall be adjusted by multiplying I.
by the ratio of the Denver Index of the Consumer Price Index published by the United States
-4-
Department of Labor,Bureau of Labor Statistics(CPI-U) last published prior to such anniversary
to the same index last published prior to the date of this Agreement.
(c) The Company shall have no duty to remove, save and/or sell precious
metals from the Property. However, if the Company does recover precious metals from
Materials removed from the West Parcel or North Parcel, the Company shall deliver to the Seller
fifteen percent (15%) of the net recovered gold or other precious metals no later than fifteen (15)
days after the Company receives such gold or other precious metals from the processor. Any
such precious metals recovered by the Company from the South Parcel in the course of the
Company's performance of its obligations under Section 10, above, shall be retained by the
Company solely for its own account without any obligation to pay Seller for the same.
(d) The right of the Company to extract and remove Materials from the West
Parcel pursuant to this Agreement will, in any event, expire on October 31,2005.
12. Provided that the Company has commenced and is diligently continuing
excavation operations in the West Parcel, and provided further that the Company remains in
substantial compliance with all material provisions of this Agreement, upon Closing, the
Company shall have and is hereby granted the sole and exclusive right to enter upon the North
Parcel and to extract and remove Materials from the North Parcel under the Original Mineral
Deed and Original Mining Agreement as they are hereby amended in the following respects:
(a) The expiration date, prior to which the Company shall have the right of
ingress and egress to conduct its extraction and removal operations, shall be amended and
extended to October 31,2005.
(b) The per ton purchase price set forth in the Original Mining Agreement as
to the North Parcel shall be amended to be the same as that set forth in Section 11(b) above for
the West Parcel, and shall be offset by all minimum payments heretofore or hereafter made under
the Original Mining Agreement as previously and herein amended.
(c) The monthly minimum payments under the Original Mining Agreement
shall continue 0 per month following execution of this Agreement and while this
Agreement remains in effect. All such payments shall be credited against and in reduction of the
purchase price set forth in Section 12(b) for the Usable Materials in the North Parcel only. Seller
acknowledges that all required minimum payments due prior to the date of this Agreement have
been paid by the Company or its predecessor in interest.
13. Subject to any credits for minimum payments previously made pursuant to
Section 9(a) for the West Parcel or 12(c) for the North Parcel, all per ton purchase price
payments with respect to a Parcel shall be made on or before the 20th day of the second month
after the Materials have been removed from the Property. If payments are not timely made by
the Company, the amounts due shall bear interest at the rate of ten percent (10%) per annum.
The quantity of Materials removed shall be determined by weighing. The Company shall
provide Seller with monthly reports showing the quantity of materials removed according to
scale tickets. Records concerning the amount of Materials removed shall be kept by the
- 5 -
Company. Seller shall have the privilege of reviewing said records at reasonable times with two
days prior notice having been given to the Company. If the total of minimum payments and
prepayments for Materials exceed the stipulated price of Materials actually removed as to a
Parcel, the Company shall not be entitled to a refund of the excess, and Seller shall retain the
same.
14. If at any time the Company shall fail to make any payment due hereunder and
said failure shall continue for sixty (60) days after notice from Seller, all mining on the Property
shall cease.
15. Seller may, at Seller's option, arrange for moving the existing oil pump and gas
line on the West Parcel and for relocation of oil and gas lines on the North Parcel so as to
facilitate the Company's extraction and removal operations on the West Parcel and, if Seller so
desires, to facilitate excavation of additional land between the West Parcel and the North Parcel
for a larger lake.
16. The Company agrees that the pit remaining after excavation of the West Parcel
shall be lined by the Company, at the Company's expense, as part of its reclamation thereof. If
Seller desires a lined lake after the Company completes its operations on the North Parcel, or if
Seller desires to further excavate the West Parcel and North Parcel to create a single lake
spanning the two parcels, Seller may request that the Company make a proposal to Seller as to
designing embankments and supplying, placing and compacting lining material for such lake.
The cost to Seller for such work proposed by the Company shall not exceed fifty percent (50%)
of the amounts customarily charged by the Company for the same type of work in arm's length
transactions in the general vicinity of the Property. The intention of this provision is that each
party shall pay fifty percent (50%) of the additional cost incurred in lining the lake on the North
parcel over the cost of reclamation without lining (all of which is the Company's cost). In
addition, if Seller chooses to add cross-dikes, cascading or any other features to this lake, the
cost of such features shall be one hundred percent (100%) Seller's.. The Company will
reasonably cooperate with Seller, at no cost to the Company, in any effort by Seller to divert
Idaho Creek into the lake to be excavated on the West Parcel.
17. Seller shall be responsible for supplying sufficient water and water rights for the
Company's Operations on the Property and shall also be responsible, at her cost, for all
adjudications or agreements necessary to allow creation of the lakes contemplated by this
Agreement. This obligation shall include the obligation of Seller to satisfy the requirements of
C.R.S. 37-90-137(11).
18. Seller agrees to permit the Company to conduct a pit-run operation which may
ereening, eenvey�ing-and washing plants or equipment but the C'ompa�will
not use the Property for other types of operations or the storage of equipment used in other types
of operations without Seller's prior written consent. The Company shall not make any use of the
Property which is contrary to applicable zoning regulations or the provisions of any permit
issued. Seller shall furthermore, at all times, have the right of access to the areas used by the
Company for purposes of inspection.
- 6 -
19. The Company grants to Seller the right to use all portions of the Property not
necessary for The Company's activities. In the event Seller uses the surface for the grazing of
livestock, Seller will be responsible for fencing livestock out of the areas where mining and
related operations are taking place and the Company will not be responsible for injuries incurred
by livestock in the area where mining operations are being conducted, unless such injuries are
caused by its negligence or the negligence of its employees or agents. The Company shall be
responsible for maintaining the perimeter fences in their present condition and installing cattle
guards at all points of ingress and egress from the Property to adjacent property or roads. Seller
covenants not to irrigate the Property to such a degree that such irrigation interferes with the
Company's operations.
20. All operations of the Company on the Property shall be conducted so as not to
damage or destroy Seller's existing house, barns, and corrals or the leach field for the house.
The Company shall have the right to move or destroy any roads within the boundaries of the
West Parcel in connection with its operations.
21. Seller shall become the owner of all water well casings, fences, gates, and cattle
guards placed upon the Property. All other improvements and equipment placed on the Property
by the Company, except water well casings, fences, gates, and cattle guards, shall remain the
property of the Company and the Company shall remove such property prior to the expiration of
its easement for ingress and egress as set forth in the Mineral Deed.
22. At all times that the Company is in possession of the Property, it will maintain in
force a public liability and property damage insurance policy naming Seller as an insured and
having limits of not less than $1,000,000.00 per person and $1,000,000.00 per accident for
personal injury and$1,000,000.00 for property damage.
23. The Company hereby covenants to fully indemnify and hold Seller harmless from
any demand, claim, or cause of action for personal injury, death, or property damage brought
against Seller by a person or entity not a party hereto and not a successor, assignee, grantee,
employee, or tenant of Seller, arising out of or connected with any operations or activities
conducted or performed hereunder or under the Mineral Deed by the Company or its successors,
tenants, agents, employees, or assigns. The Company shall have full control of any litigation
covered by this indemnity, with right to settle or compromise, and Seller shall cooperate fully in
any such litigation, settlement, or compromise. Seller shall give the Company written notice of
the assertion against Seller of any matter covered by this indemnity, within thirty (30) days after
such assertion against Seller of any matter covered by this indemnity is first made.
24. Seller hereby covenants to fully indemnify and hold the Company harmless from
any demand, claim, or cause of action foi personal injury, death, or property damage brought
against the Company by a person or entity not a party hereto and not a successor, assignee,
grantee, employee, or tenant of the Company, arising out of or connected with any operations or
activities conducted or performed on the Property by Seller or her successors, tenants, invites,
agents, employees, or assigns including but not limited to, activities carried on by Seller or her
successors,tenants, agents,employees, invitees, or assigns on the Property. Seller shall have full
control of any litigation covered by this indemnity, with right to settle or compromise, and the
- 7 -
Company shall cooperate fully in any such litigation, settlement, or compromise. The Company
shall give Seller written notice of the assertion against Purchaser of any matter covered by this
indemnity, within thirty (30) days after such assertion against the Company of any matter
covered by this indemnity is first made.
25. The Company acknowledges that the use of the Property is primarily for the
mining and processing of sand and gravel and associated precious metals from the Property and
not for the storage or processing of materials from off the Property. The Company therefore
agrees that materials originating from off the Property shall not be brought on the Property,
except the Company shall have the right to continue to use the existing haul mad used to haul
materials from the Williams Pit to Weld County Roads 3''/ and 16'/2, which extends from the
intersection of Weld County Road 3/ and Weld County Road 16'A north across the southwestern
portion of Seller's Property to the low water crossing to the existing Nelson(Williams)pit.
26. Seller shall be responsible for the payment of all real property taxes and
assessments on her surface interests and mineral interests in the Property other than Materials
levied during the term hereof and for all assessments on ditch and water rights associated with
the Property. The Company shall pay,before they become delinquent, all taxes and assessments
levied against property owned by it or resulting from its operations on the Property, and all taxes
or assessments relating to the sand and gravel granted in the Mineral Deed, specifically including
all severance taxes.
27. If any party breaches the terms or covenants of the Mineral Deed and this Mining
Agreement, the breaching party shall pay all of the nonbreaching party's reasonable damages,
attorneys' fees, and costs in enforcing such terms or covenants whether or not legal proceedings
are instituted.
28. The Mineral Deed and this Agreement represent the entire agreement between the
parties and there are no oral or collateral agreements or understandings. The Mineral Deed and
this Agreement may be amended only by an instrument in writing signed by the parties. If any
provision of the Mineral Deed or this Agreement is held invalid or unenforceable, no other
provision shall be affected by such holding, and all of the remaining provisions of the Mineral
Deed and this Agreement shall continue in full force and effect.
29. The Mineral Deed and this Agreement and the rights and duties hereunder shall
be freely assignable by either the Company or Seller.
30. The Mineral Deed and this Agreement shall be governed by the laws of Colorado.
31. The Mineral Deed and this Agreement shall inure to the benefit of, and by
binding upon,the parties, and their respective legal representatives, successors, and assigns.
- 8 -
IN WITNESS WHEREOF, this Option has been duly executed as of the date first above
written.
MINERAL RESERVES, INC.,
a Colorado corporation
144.,,(fl '4„ ,,(/ By: Arkw---•.--•-w
Vir 'nia Shaw, '
rv`
Owner Title: 1{-C. c . 611'
STATE OF COLORADO )
) ss.
CO ER )
'nstrument was acknowledged before me this to1L day of
.y Virginia Shaw.
M 11'•sione p' - :j 11 } 2oo3
111 81.E
at CA-'
MyCommUJIon Exiles tt�ILW3
otary Public
STATE OF COLORADO )
COUNTY OF 1Aou.t LI )
The foregoing instrument was acknowledged before me this 4fllis day of
14(3.W-- , 2000, by beAte s GI M'' —, of Mineral Reserves, Inc., a Colorado
corporal =1'"•‘• •f the corporation.
11
'1
/
i .�EAL]
1
1 . �
,,-- '` •1111 �,V�•, •
. , �-
`k% •Fp• taryPubic
My Commission Exmlres 11/07/2003
Shaw Option and Material Purch agmt 11
- 9 -
4/1999 10:26 303-444-4024 ROBER' "'• SgY't
•
SIZIMIT A (Revised December 3, 1999)
LE AL DESCRIPTION:
A tract of land located in section 29, and in the outh one-half
of Section 20, all in Township Two (2) North, Rang sixty-eight
(68) West of the Sixth (6th) principal Meridian, C unty of Weld,
state of Colorado, described in particular as foil ws:
Beginning at the Northeast corner of the Southwest one-quarter of
the Southeast one-quarter of Section 20, T2N, R68W thence
N88o43'19■W 454.44 feet to a point on the Southeas erly bank of
Boulder Creek; then along said Southeasterly bank he following
courses:
thence 517047'34"W 185.29 feet; thence 521017'26'W 274.14 feet;
thence 831034'49'W 241.52 feet; thence 837059'36"W 286.81 feet;
thence 842051'20"W 254.13 feet; thence 833018'39"W 238.16 feet;
thence 530028'13°W 267.03 feet; thence S41044'29"W 286.67 feet;
thence 839055'55'W 317.86 feet; thence 822046'39°W 373.22 feet;
thence $14°27}20"W 162.02 feet; thence 810019'48"W 237.60 feet;
thence S28056'37"W 184.47 feet; thence 849051'05"W 174.22 feet;
thence 864054'25"W 200.90 feet; thence 063001'45"W 211.41 feet;
thence 856806'40'W 249.47 test;
thence departing the Southeasterly bank of Boulder Creek,
806057'58"E 255.55 feet to a point on the Northwes erly bank of
Idaho Creek;
thence South 590 feet to the point of intersection f the North
right-of-way line of Weld County Road 16 1/2 with a East right-
of-way line of Weld County Road 3 1/4;
thence South 2670 feet along the Bast right-of-way ine of Weld
County Road 3 1/4 to the South line of the southwe 1/4 of said
section 29;
thence East 244 feet, along the South line of the S thwest 1/4
of said Section 29, to the centerline of the railr formerly
known as the Burlington-Northern Railroad;
thence N36028 '28"E 3357.7 feet along the centerline of said
railroad to a point on the North right-of-way line f Weld County
Road 16 1/2;
thence East 415. 60 feet along the North right-of-we line of Weld
Count Road 16 1/2 to a point on the East line of t e West one-
f o t e or eas e-
thence North 3963 feet along the East line of the W st one-half
of the Northeast one-quarter of said Section 29, an along the
Bast line of the Southwest one-quarter of the Sout st one-
• • quarter of said Section 20,• to the point of beginni .
CO.1i'!'E:n=a 229 acres, more or less.
Hello