HomeMy WebLinkAbout972799.tiffBASELINE RESOURCE
USE BY SPECIAL REVIEW
Weld County, Colorado
Prepared For:
HALL-IRWIN CONSTRUCTION CO.
P.O. Box 519
Greeley, CO 80632
Prepared By:
-
7tittleApplegate,Inc.
Septembe- 1007
TA #9 972799
EXHIBIT
USP -t1fl2
September 17, 1997
Ms Shani Eastin
Weld County Department of Planning Services
1400 North 17th Avenue
Greeley, CO 80631
RE: Use By Special Review (Mining Operation); Baseline Resource
Dear Ms Eastin:
Hall -Irwin Construction Company is applying for a Use By Special Review permit for a mining
operation (on Lots B & C) along with concrete and asphalt batch plants (on Lot B). In addition
to this application, a Recorded Exemption and Subdivision Exemption will be submitted and
reviewed with this proposal.
Presently, the owners of Lot B are H.I.B.E. LLC and Bernice Larson (aka. Bernice L. Dersham),
each having half ownership in the 112.95 acre parcel.
Lot C is owned by Peter and Cindy Baurer and Carl Eiberger and is 88.66 acres in size.
This letter will supply the narrative segment of the Special Review application requirements.
This letter is formatted in the same numerical order as the procedural guide for the application
requirements.
I . The completed application form is attached. The application fee was previously
submitted.
2. A detailed description of the method of the mining operation is as follows:
a. The types and numbers of equipment and facilities can be found in Exhibit D of
the DMG application.
b. Occasionally during the busy periods of the summer and fall construction season
two shifts may be employed. Generally only one shift will be used. The
maximum number of employees is 40.
c. The operation will be a dry pit.
972799
Ms. Shani Eastin
Weld County Department of Planning Services
September 17, 1997
Page 2
d. All trucks will exit from the property onto Weld County Road 2 and proceed to
U.S. Highway 85. These trucks will cross the South Platte River via a bridge on
Weld County Road 2.
e. The phases and size of the phases can be found in Exhibit D of the DMG
application. The size of the active mining area at any one time is 17 acres with
the total disturbance at any one time of 40 acres. The aggregate processing plant
is the largest area at 19 acres. The concrete and asphalt batch plants are located
here. From time to time to meet specifications of public and private projects,
aggregate may be imported into the processing plant for production of concrete
and asphalt.
f. A time table giving periods of time for each of the mining phases can be found in
Exhibit D of the DMG permit. Overall, we expect the operation to last 25 -years
and are requesting a 25 -year term on the Use By Special Review permit.
Production of sand and gravel depends on overall market demand, amount of
material used in the concrete and asphalt batch plants, and the amount of outside
sales
g. The depth and thickness of the mineral deposit varies from 30 to 40 feet. The
thickness of the overburden is from 6 inches to 6 feet.
h. Proposed use of the reclaimed land is a water storage reservoir and a private lake.
A full explanation of the reclamation process can be found in Exhibit E of the
DMG permit.
Technical advice from the Soil Conservation Service and Tuttle Applegate, Inc.
was used to develop the reclamation plan.
3. Please see attached certified list.
4. Please see attached certified list.
5. a. A copy of the application to the Colorado Division of Minerals & Geology is
attached with this letter. It includes the reclamation plan map.
b. The mining operation will consume water for dust control, moisture in material,
and concrete production. This water will be replaced by shares held by Central
Colorado Water Conservancy District from the Brighton Ditch.
c. The only drainage structure we are aware of will be a culvert placed in the borrow
ditch of Weld County Road 2 for the access drive. A cross-section of this can be
found on the extraction plan map (see Exhibit C of DMG permit application).
97279
Ms. Shani Eastin
Weld County Department of Planning Services
September 17, 1997
Page 3
d. A typical cross-section of the paved and unpaved haul roads can be found on the
extraction plan map. (Exhibit C of DMG permit application).
6. This Use by Special Review application for a mining operation is consistent with the
Weld County Comprehensive Plan. The Comprehensive Plan allows for the extraction of
recognized sand and gravel deposits, and promotes the reasonable and orderly
development of such. This application proposes to develop a commercial sand and gravel
deposit and return the affected lands to a beneficial use. As this proposal will replace the
applicants current mining operation, no additional impacts on surrounding land -uses,
roads and highways are anticipated.
All activities at the mining site are guided by the regulations of the Mine Safety and
Health Act (MSHA) and the Occupational Safety and Health Act (OSHA). These
requirements along with the Weld County policies help to minimize or eliminate the
potential adverse impact of the operation on surrounding properties. The applicant is
proposing setbacks, noise controls, dust controls and general site conditions which will
all help to comply with the policies and goals of the Comprehensive Plan.
Reclamation activities will be concurrent with the mining operation. Disturbances to the
site will be minimized as much as possible. Wildlife habitat on the site will be preserved
to the extent practicable.
7. This proposal is located on lands that are within the Agricultural District. This zoning
designation allows for the extraction of sand and gravel as a Use by Special Review
within that district.
8. Not applicable.
9. The protection of the health, safety and welfare of the inhabitants of the neighborhood
and the County are being considered by the applicant. Possible fugitive dust emissions
from the site will be minimized by watering and revegetation activities. Noise levels
from the operation will fall below the requirements for the agricultural zone. The site
will be fenced and signed to help prevent accidents. Only one access point will be used
for the truck traffic at the site. This operation will replace the applicants existing adjacent
mining site, Tucson Resource, located across Weld County Road 2, and the noise, dust,
and traffic levels should not increase. For the next two years, Tucson Resource will only
be used for stock pile storage and shipping.
10. Surrounding land uses are primarily agricultural with some residential. There are other
permitted sand and gravel extraction operations in the general vicinity. This use is not
high intensity development which would increase the amount of traffic in the vicinity of
the site, nor will it bring the need for additional housing or support services to the area.
Compatibility with the surrounding uses will be assured by setbacks, noise limitations
972799
Ms. Shani Eastin
Weld County Department of Planning Services
September 17, 1997
Page 4
and other restrictions on the operation.
Future development of the area within the agricultural zone may not significantly change
the character of the surrounding areas. This area may some day be annexed into the City
of Brighton, but it is anticipated that the rural, large -lot character of the area will remain.
The reclamation plan for this site would fit into that type of housing development quite
easily.
12. This site is not located in a geologic hazard and Weld County Airport overlay districts
The entire site is located within the 100 -year floodplain of the South Platte River and is
within the flood hazard overlay district. The applicant is applying for a floodplain
development permit. No permanent structures are proposed for this site. No equipment
or stockpiles will be located in the floodway of the river. The creation of a permanent
open water area will increase the potential for floodwater detention at this site but it is not
being designed for this purpose.
13. Drinking water will be supplied at the aggregate processing plants by delivered bottled
water. Other consumptive use of water for the mining operation will be supplied by
water from the Brighton Ditch. Exhibit G of the DMG application discusses how
replacement of consumptive uses will be achieved.
14. Please see attached warranty deeds and lease agreements.
15. The noise from the Baseline Resource operation will be very similar to that produced in
the existing Tucson Resource Pit in Adams County. The main source of noise is
generated in the aggregate processing plant area. This area is located 700 feet from Weld
County Road 2 and removed from nearby residences. Agricultural noise levels will apply
to this operation since it is located in an agricultural zone. No extraordinary methods are
needed to attain the agricultural noise level at the property line. As an added
consideration, a landscaped berm will be constructed adjacent to the two residences on
the southeast corner.
16. Other information determined necessary by the Board of County Commissioners or the
Department of Planning Services will be provided upon request.
Sincerely,
TUTTLE APPLEGATE, INC.
U AJA-L e1 — 1 L,c-9_41,1
Molly Orkild-Larson
MOL/sjr
cc: File #97-125N
Jeff Gregg, Hall -Irwin Construction Co.
972799
DEPARTMENT
F PLANING SERVICES
Weld County Administrative ffice O
, 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 Receipt Number Case Number
Recording Fee Receipt Number Zoning District
Application Checked By: Planner Assigned to Case
To be completed by APPLICANT is accordance with procedural guide requirements:
1. I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission concerning
a proposed sand Gravel (gravel, coal, borrow pit, etc.) mining operation for the following described
Unincorporated area of Weld County: R,q S i ,36 TEN R67W Weld County Colorado
LEGAL DESCRIPTION:114-, h°,Section 436,11,N , , , [�e1el Loudly, col oraao
Section 31.T1N,R66W, Weld County, Colorado
PARCEL NUMBER 1 '4 6 9 3 6 0 0 0 0 1 4
obtained at the ER: 1_4_7_4_3_1,..a
4_7_ Office). 1'S q Q. 0 p Q(12 digit number . found on Tax I.D. Information or
2. Surface owner(s) of area of land described
H.-I.B.E. LLC, P.O. Box 487, Johnstown, CO 80534, (970) 587-4608
Name: Cindy & Peter Baurer Address:CountyRd23 3/1Phone:Brighton 80601
Name: Carl Eiberger Address: rountyRd23 3//Phone: Brighton 80601
Bernice Larson, 764 Earle Ct., Cheyenne, WY 81009
3. Owner(s) of mineral rights or substance to be mined
H.I.B.E. LLC, P.O. Box 487, Johnstown, CO 80534, (970) 587-4608
Name:0in y & Peter Raurer Address:CormtvRD23 3/4Phone:Brighton, CO 80601
Narne:cori cihar r
EP Address:Lpc,ntyRd73 3/4Phone:B-rizhton, CO 80601
Bernice Larson 764 Earle .heenne, WY 82009
4. Source of applicants legal Aunt to enter and otmine n the and described:
See lease agreements.
(Include certified copy of any documentls) noted
5. Applicant's address: Hall Irwin Construction Co.
Address: 3026 Fourth Avenue, Greeley, CO 80631
Phone(970) 352-6057
Phone:
5. Identify any prior permits for mining held by applicant or affi:iated person:
Tnrsnn Resource - MLRB Permit ?/M -91-I40. Firestien Property - MLRB I/M-96-060
Anncar Pyt - MTPR Permit 14M -R6-011 TaPondrt S & G Inc. - MTRB Permit ltM-83-090
7. Description of Operation
A. Types and number of operating and processing equipment to be used Crusher/Screen (2),
concrete plant (2), asphalt plant (1), wash plant (1J, recycling plant (1),
loaders (3). scraper (1). convenors (4). office trailor (1), equipment
shop (1), scale (1), dozer (1), grader (1), haul trucks (4), excavator (1)
B. Maximum number of employees: 40 , and number of shifts: 2
11
972799
C. Number of stages to be worked_ _ 3 and periods of time each is to be worked First -1 years
cornnd-1 cyears. Third -6 6 years,
D. Thickness of mineral deposit 30-45 _ feet and thickness of the overburden: 6" to 6'
E. This will be a�t/dry pit operation.
F. Site entrance/exit points and County roads and bridges to be utilized between site and delivery point(s)(must be coordinated with County Engineer) Site entrance west of south Platte
River and U.S. 85 along WCR 2(E168th). Roads used will be WUR 2 and
IT S. 85.
.8. Description of reclamation
A. Proposed reclamation land use(s): Water storage reserviors & private lake
B. Source of technical advise for reclamaton: Tuttle Applegate, Inc., Soil Conservation
Service
C. Explanation of Reclamation Process: Concurrent reclamation as mining progresses.
I hereby depose and state under the penalties of perjury that all statements, proposals andlor plans submitted with
or contained within this application are true and correct to the best of my knowledge.
12
gent
972799
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND SUBSURFACE FSTATF
Application No.
Subject Property Baseline Resource; SE 1/2, Section 36, TIN, R67W, Weld County, Colorado;
51/2, NE1, Section 36, TIN, R67W, Weld County, Colorado; Wz, NW', Section 31, TIN,
R66W, Weld County, Colorado.
THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a
true and accurate list of the names and addresses of all mineral comers and lessees of mineral owners on or under
the parcel of land under as their names appear upon the records in the Weld County Clerk and Recorders Office
or from an ownership update from a title or abstract company or an attorney_
13
972799
MINERAL OWNERS AND tau" O^ MINERAL INTERFS7c
Please print or type
NAME
MAILING ADDRESS CITY/STATF_ ZIP
Mineral Owners: (sand & gravel)
Lot B H.I.B.E. LLC
Lot C
P.O. Box 487 Johnstown, CO 80543
R rni e Larson 764 Earle Ct
Cheyenne, WY 82009
Cynthia & Peter Baurer 754 County Road 23 3/4
Brighton, CO 80601
Carl Eiberger
754 County Road 23 3/4 Brighton, CO 80601
14
972799
AFFIDAVIT OF INTEREST OWNER$
SURFACEESTATE
Application No.
Subject Property Baseline Resource; SEA, Section 36, TIN, R67W, Weld County, CO
51/2, NE1, Section 36, TIN, R67W, Weld County, CO
Wz, NW', Section 31, TIN, R66W, Weld County, CO
THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of
the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor
of the owners of property (the surface estate) within 500 feet of the property being considered. This list was
compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company,
or an attorney. The fist compiled from the records of the Weld County Assessor was assembled within thirty days
of the application's submission.
,>C1,7
Signature
15
972799
PeterL. & Cynthia
Eiber er
Marcus Caine Po itz
ie Dineen Conter
AM OF OWN RS ne PROPE ff' hIN 500 F
Please print or type
NAME
ADDRESS. TOWWCITY,
STATE AND LP CODE ASSESSOR'S PARCEL
Tucson Resources LLC
925 Frontage Road IDENTIFICATION g
Littleton, CO 80120 0157101000006
Donald 0. Peterson 12055 WCR
Bri hton, CO 80601 147151000003 147131000043
4 131000055
147131000003
aurer 754 County Rd 23 3/4
001
James & Sarah Mumford 11835 WCR 2
Brighton, CO 80601 146936000009
Annajoyce Hensel Kirby 3855 West Wide Road
Lincoln, CA 95648 146936000013
H.I.B.E. LLC P.O. Box 487
Johnstown, CO 80534 146936000011
764 Earle Court
Cheyenne, WY 82009
2427 Lincoln venue _
147131000001 146936000014
ernice L.Dersham
Amalgamated Sugar Co. LLC
James & Dorothy Struck
Janice Dersham
aura Knapp
Robert & Valeria Parker
Bessie B. hood
uenis B.
Clanahan Trustee
Denver, CO 80202
146936000011
Ogden, UT 84402-1520
507 WCR 2312
Brighton, CO 80601
1206 WCR 23 3/4
Brighton. CO 80601
634 WCR 231
Rrinhtnn CO 80601
12502 Last losth Ave.
Brighton, CO 80601-6677
1600 Broadway, Suite 2400
0156906200016
146936000026
146925000018
146936000031
0157101000052
147130000014
WELD COUNTY ROAD 2
Weld County Public Works
Adams County Public Works
P.O. Box 758
Greeley, CO 80632
4955 East 74th Avenue
C1nmmorrP City CO 80072
is
972799
Road File #
RE:
APPENDIX B
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department
933 North 1 Ith Avenue, P.O. Box 758, Greeley, CO 80632 Date: September 12, 1997
Phone: (970 )356-4000, Ext. 3750 Fax: (970) 352-2868
1. Applicant Name Hall -Trwin Cnnstruc-tion Comnany Phone (9701 352-6057
Address 309b Fourth Avenue City Greeley StateC0 zip 806x1
2.
Directly across the road from lucson Resource's point
Address or location of access o f access along WCR 2.
Section 36 & 31 Township 1N Range b 7W S Fbk
Subdivision Block Lot
Weld County Road # 2 Side of Road North Distance from nearest intersection 1.430 feet
3. Is there an existing access to the property? Yes X No __ # of accesses 1
4. Proposed Use:
a Permanent
O Temporary
Other Case No.
❑ Residential/Agricultural
❑ Subdivision
❑ Industrial
O Commercial
Private Lake
OX Other Water reservior
5. Site Sketch
Legend for Access Description:
ARG = Argricultural
--.RES = Residential
&G = Oil & Gas
D.R. = Ditch Road
WAT=Water Reservior
PL = Private Laxe
OFFICE USE ONLY:
Road ADT Date
Road ADT Date
Accidents Date
Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
❑ Installation authorized ❑ Information Insufficient
Reviewed By:
Title:
7
972799
APPENDIX B
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department
933 North 11th Avenue, P.O. Box 758, Greeley, CO 80632
Phone: (970 )356-4000, Ext. 3750 Fax: (970) 352-2868
Road File #
RE:
Other Case No.
2.
3. Is there an existing access to the property?
4. Proposed Use:
Permanent
Cl Temporary
❑ Subdivision
Date: September 12, 1997
Applicant Name Pall-Trwin rnnstrnrtinn Cotnnany Phone (97U 352-6057
Address 4076 Fourth Avenue City Greeley Stat CO Zip S U 6 3 I
Directly across the road from lucson Resource's point
Address or location of access o f access along WCR 2.
Section 36 & 31 Township 1N Range 67W & &6W
Subdivision Block
Weld County Road # 2 Side of Road Nartn Lot
Distance from nearest intersection 1, 430 feet
Yes X No _ # of accesses I
❑ Residential/Agricultural ❑ Industrial
❑ Commercial
Private Lake
❑X Other Water reservior
5. Site Sketch
Legend for Access Description:
ARG = Argricultural
RES = Residential
&G = Oil & Gas
D.R. = Ditch Road
WAT=Water Reservior
PL = Private Lake
OFFICE USE ONLY:
Road ADT Date
Road ADT
Date
Drainage Requirement Culvert
Special Conditions
Accidents Date
Accidents Date
Size Length
❑ Installation authorized
❑ Information Insufficient
Reviewed By:
Title:
7
972799
WARRANTY DEED
972999
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972799
FR?
02
„- AR2468005 _ 2468005 B-1523 P-193 12/18/95 03:39P PG 1 OF 2
Weld County CO Clerk & Recorder
REC DOC
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WARRANTY DEED
THIS DEED, Made this 14th day of December 19 95 ,
between
WILMA V. MOORE
of the Jefferson and Slate of Colorado
grantor, and Peter L. Baurer and Cynthia S. Baurer as
Joint Tenants as to an undivided 1/2 interest AND
Carl F. Eiberger as to an undivided 1/2 interest.
whose legal address is 294 Park Cr.. Golden, CO 80401
of the County of Jefferson and State of Colorado ,grantee:
WITNESSETH, That the grantor, for and in consideration of the sum of TWO HUNDRED TWENTY ONE
THOUSAND NINE HUNDRED AND NO/100 DOLLARS. ( $221,900.00
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents
does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with
improvements, if any, situate, lying and being in the County of Weld , and State of Culorada.
described as follows:
SEE ATTACHED EXHIBIT eeA"
also known by street and number as VACANT LAND
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right title, interest,
claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the
hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his
heirs and assigns forever. And the grantor, (or himself, his heirs and personal representatives, dues covenant, grant, bargain and
agree to and with the grantee, his heirs and assigns, that at the Gine of the unsealing and delivery of these presents, he is well
seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance. in law, in
fee simple, and has good right, full power and lawful authority to grant. bargain, sell and convey the same in manner and form
as aforesaid, anu that the same are free and cleat from at tonnes and oilier pmts. bargains. sales. liens. taxes, assessments,
encumbrances and restrictions of whatever kind or nature soccer, except for taxes for the current year, a lien but not yet due
or payable, easements, restrictions, reservations, covenants and rights.of.way of record, if any,
The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable posses-
sion of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof.
The. singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
WILMA V. MOORE
BY
Lester E. Hartley. Atto ey in —f
et
gat, =14r:it 1 I
STATE OF Colorado
COUNTY OF Jefferson )s
The foregoing instrmneni was acknowledged before Inc this 14th day of December
Lester E. r Hartley,as attorney in fact for Wilma V. Moore.
I i f)O -
MyConSuijssionexpires. 4/12/98
Aas
No. 9IIA. Rer. Lµ WARRANTY DEED Or Photographic Record)
972799
2468005 8-1523 P-193 12/18/95 03:39P PG 2 OF 2
EXHIBIT A - LEGAL DESCRIPTION
A tract of land consisting of the W 1/2 of the NW 1/4 of Section 31, Township 1
North, Range 66 West of the 6th P.M., WELD COUNTY COLORADO, and a portion of -
the NE 1/4 of Section 36, Township 1 North, Range 67 West of the 6th P.M.,
WELD COUNTY, COLORADO, more particularly described as follows:
Beginning at the Northeast corner of Section 36, Township 1 North, Range 67
West of the 6th P.M., said point being the TRUE POINT OF BEGINNING and
proceeding thus along the North line of Section 31, Township 1 North, Range 66
West of the 6th P.M. on an assumed bearing of South 89'55'20" East, of which
all other bearings described herein are relative thereto, a distance of
1372.20 feet;
thence South 00'51'39" East, along the East line of the W 1/2 of the NW 1/4
of said Section 31, 2650.51 feet;
thence North 89'22'20" West along the South line of the NW 1/4 of said
Section 31, 1412.10 feet to the East Quarter Corner of Section 36, Township 1
North Range 67 West of the 6th P.M.;
thence South 88'37'40" West along the South line of the NE 1/4 of said
Section 36, 1813.63 feet;
thence North 00'16'20" East, 1343.05 feet;
thence North 89'25'20 East along the North line of the SW 1/4 of the NE 1/4
of said Section 36, 484.65 feet to the center of the NE 1/4 of said Section 36;
thence North 00'07'20" East along the West line of the E 1/2 of the NE 1/4 of
said Section 36, 1336.35 feet to a..point on the North line of said Section 36;
thence South 89'49'00" East along the North line of said Section 36, 1319.25
feet to the TRUE POINT OF THE BEGINNING.
together with a 30 foot wide right of way over and upon the North 30 feet of
the West 25.92 acres of the SW1/4 of the NE1/4 of Section 36, Township 1
North, Range 67 West of the 6th P.M.,
County of Weld, State of Colorado.
AND including all mineral rights owned by the grantor
AND including all water and well rights to the property owned by the grantor.
972799
LEASE AGREEMENT
972799
40
BRIGHTON PIT MINING LEASE
(RALL4t WIN CONSIZUCIJON CO. MBE. LW)
April ?2, 1997 �{
This Mining Lease is made this day 01414c:1997 by and between MBE,
LLC, of a P,- Z y CLandlord') together with each of the Members of the Landlord
signing this Agreement and Hall -Irwin Construction Co., 3026 4th Avenue, Greeley, Colorado
$0631 ('Tenant').
Background of Agreement. The following background statements are made to aid in
the understanding and interpretation of this Mining Lease:
A. Landlord owns a sand, gravel and aggregate mine on the property described on
Exhibit A (hereafter known as the 'Property' and sometimes referred to as the 'Sand, Gravel
and Aggregate Mine').
B. Tenant is willing to pay the costs associated with permitting the Property as a
Sand, Gravel and Aggregate Mine.
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein, Landlord hereby leases to Tenant those portions of its Sand, Gravel, and
Aggregate Mine located on Landlord's Property as described on Exhibit A.
L. Incorporation of Recitals by Reference. All of the recitals are incorporated
herein by this reference and made a part of the agreement of the parties.
2. Minerals to be Mined. Tenant shall have the right, but not the obligation so
remove sand, gravel and aggregate only from the Sand, Gravel, and Aggregate Mine.tA 7-1
3. Term. In no event shall this lease take effect prior to the termination of the
lease between the Tenant and Jack Rogers, Gwenie Rogers and Alpha 6 and Omega, Inc. (the
'Roger's Lease) for the property located in Adams County directly south of the subject
Property. The term of this lease stall commence on the fast day of that month immediately
after all of the following have been completed: termination of the Roger's Lease and Lessee's
receipt of all required mining permits, including, without limitation, a Use by Special Review
permit from the Board of County Commissioners of Weld County, ('BCCWC') and the
Colorado Mined land Reclamation Board ('CMLRB) for any portion or all of the Property.
It is anticipated that one or more phases may be granted creating phases of an overall mining
plan and, if so, the commencement date will be the date the permit for the first phase is issued.
The Lease teen shall correspond to the duration specified in the permit or permits granted.
4. Storage. Tenant may more and, gravel and aggregate on the Property during
the term of this Lease and may operate a batch plant on the Property.
S. Royalty. Tenant shall pay the landlord as : on of
materials sold from the Sand?Criravel and Aggregate Mine and payment shall only occur when
such materials are sold to customers of Tenant. The quantity shall be determined after the
972799
materials are loaded in Tenant's trucks. It is further agreed that Tenant shall have the right to
mine all other materials and minerals on the Property, including but not limited to gold and
other precious metals and Tenant shall have all such materials and minerals without proration.
Tenant shall pay the amount of royalty in arrears at the end of each month that
this I nee is in effect. Tenant shall forward to Landlord monthly reports showing the quantity
of materials sold during the preceding month according to load tickets with dates of loading.
The reports shall be forwarded to Landlord by the 10th day of the month following any month
in which materials are sold by Tenant. During certain months of the year, it may be
impractical to remove and sell materials because of weather conditions. No report shall be
required for any month during which no materials have been sold. Tenant shall keep a strict
and accurate record of all sales of materials.
6. Surface Rights of Tenant. Tenant may clear brush any undergrowth from a
portion of the Property as may be reasonably nerncary to explore for minerals or to locate
pits, quarries and stockpile areas.
In order to obtain access to the Property and to carry on its operations, Tenant
shall have the right to make use of all roadways now existing on the Property, and shall have
the right to build such additional roads as may be nrrrsnry for the production and removal of
materials. In building the roads, Tenant may use materials from the kased area. Tenant shall
not be required to pay royalties to Landlord for materials so used.
Tenant may erect a plant or plants, including a concrete batch plant, on the
Property if it should so desire to process materials. Tenant may erect such buildings and
install such machinery and equipment as may be useful in connection with its operations. Until
mining on the Property is 50% completed, the location of such batch plants, machinery and
equipment shall be sited in locations and under circumstances satisfactory solely to the Tenant
without consultation with the Landlord. When mining on the Property is 50% completed the
location or relocation of new batch plants, machinery and equipment shall require the
consultation with the Landlord and consideration of the Landlord's development plan for the
Property after mining and reclamation are completed, but no consent of Landlord shall be
n rrescary in the evert of a dispute. When mining on she Property h 75% completed,
landlord's written consent shall be required for the location or relocation of new batch plants,
machinery and equipment. At all times, Landlord shall be required to balance its development
interests with the Tenant's right to produce and sell sand and gravel products as permitted by
this Lease.
After all minerals are mined, Tenant shall have the right to lease from landlord
an area sufficient to operate a concrete batch plant at a monthly rent equal to market rates for
comparable facilities in Weld County. Other terms of the Lease shall be for twenty (20) years
after the minerals am mined out of the Property, but may be terminated by Tenant on sixty
(60) day's notice to Landlord. Any of the Property that is not included in the Use by Special
Review plat and not necrstary for reclamation shall be released to the landlord and no longer
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972799
•
a part of this lease. Landlord shall not use such released area in any way that jeopardizes the
Tenant's use of the Property for mining or the Use By Special Review Permit.
Tenant shall have the right to drill water wells on the Property for use in
connection with mining operations, but shall have the duty to notify the Landlord where such
wells have been drilled. On permanent cessation of the use of any well, or on termination of
this Lease, Tenant shall leave the well and the well casing for the use of Landlord, but Tenant
may remove any pumps or motors it has installed or caused to be installed.
7. Damage to Water Wells and Improvements. Tenant will repair any damage
to water wells, drinking troughs, storage tanks, and other similar improvements on the
Property.
8. Protection and Restoration of Surface. In digging pits for the purpose of
producing and removing materials, Tenant shall make separate stockpiles of topsoil and of
waste substances. Before termination of the Lease, Tenant shall plow, level and re -seed with
grass all areas where roads and stockpiles have existed pursuant to Tenant's Reclamation Plan.
Tenant shall reasonably consult with the landlord regarding the development of a Reclamation
Plan, but this provision shall not be construed as a right of the landlord to approve of the said
Reclamation Plan. However, in the event that Landlord makes reasonable requests regarding
changes to the proposed Reclamation Plan, Tenant shall be required to incorporate such
reasonable requests into the plan, but landlord shall pay for the additional cost of such
changes. Tenant may deduct the additional cost of implementing the Reclamation Plan from
its payments to the landlord.
9. Payment of Taxes. Landlord shall pay all real estate taxes levied against the
Property before they become delinquem. If landlord fails to pay the taxes Tenant may, at its
option, pay the taxes and assessments that could become a lien against the Property. Tenant
shall reimburse Landlord for the amount of said taxes 30 days after billing.
10. Removal of Improvements and Equipment. All improvements and equipment •
placed on the Property by Tenant, except water well casing, fences, gates, and cattle guards,
shall remain the property of Tenant. Tenant shall have the right to remove such non -excepted
property prior to the expiration of this lease.
On termination of this lease for any cause, Tenant shall have the right to remove
all its improvements and equipment . if it removes such improvements and equipment within
six (6) months after termination, except watt well casing, fences, gates, and cattle guards, but
including any materials mined and produced, but not removed on the date of termination, all
subject to payment of royalties provided in this Lase.
11. Default by Tenant. If any default occurs in the performance of any term or
condition of this IPate by Tenant, landlord shall have the right to give a 60 -day notice in
writing to Tenant, demanding the correction or removal of the default. If Tenant fails to
-3
972799
•
The Company shall not sell additional interests in the Company without
the prior written consent of the Tenant. Nor shall the Company divide the Property, or
sell interests in the Property, without the prior written consent of the Tenant.
17. Indemnity. Tenant agrees to indemnify and hold harmless the Landlord for
all claims by third parties as a result of Tenant's mining activities.
18. Attorney's Fees. In the event of a dispute between the parties regarding this
Agreement, the Property, or the Sand, Gravel and Aggregate Mine, or the right of first refusal
contained in this Agreement that results in litigation, the prevailing party shall be awarded his
court costs and attorney's fees in connection with such lawsuit.
19. Effect of Agreement. This Lease shall inure to the benefit of and shall be
binding on the heirs, legal representatives, successors and assigns of the parties.
IN WITNESS WHEREOF, the parties have executed this agreement at Greeley,
Colorado the day and year first above written.
Landlord:
BIBE, LLC
B
Member
Member
4
Member
t V.
Mem
Tenant
Hall -Irwin Construction, Co.
By: Bret Hall
Its: Vice President
-7-
972799
Member AA''
ii'
Member
STATE OF COLORADO )
)ss•
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of ino—i
1997, by (Likud W Q? as 0 .,i 1 for MBE, LLC.
Witness my hand and seal.
My commission expires: S `13 pi
< pm..�
No Public
STATE OF COLORADO )
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of Int. t •
1997, by Bret Hall as Vice President of Hall Irwin Construction, Co.
Witness my hand and seal.
My commission expires: it 1 I j9'
Notary Public
-8-
972799
SAND, GRAVEL AND AGGREGATE MINING LEASE
(Hall -Irwin Construction Co., Co./Carl Eiberger, Cindy Baurer and Peter Baurer)
Final-- August 26, 1997
This Mining Lease is made this 26 Bay of August , 1997 by and between Carl Eiberger,
Cindy Baurer and Peter Baurer ("Landlord") and Hall -Irwin Construction, Co, 3026 4th Avenue,
Greeley, Colorado 80631 ("Tenant").
Background of Agreement. The following background statements are made to aid in the
understanding and interpretation of this Mining Lease:
A. Landlord owns the property described on Exhibit A (hereafter known as the
"Property" and sometimes referred to as the "Sand, Gravel and Aggregate Mine").
B. Tenant is willing to pay the costs associated with permitting the Property as a
Sand, Gravel and Aggregate Mine.
C. Tenant has a lease for mining sand, gravel and aggregate on the land immediately
south of the Property with HIBE, Inc. (the "HIBE Parcel").
D. Tenant has agreed to develop and seek approval of a mining plan that incorporates
the HIBE Parcel and the Property, including the development of a water ski lake.
E. Tenant is willing to construct a water ski lake on the Property as shown on Exhibit
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, Landlord hereby leases to Tenant those portions of its Sand, Gravel, and Aggregate Mine
located on the Property.
1. Incorporation of Background Statements by Reference. All of the Background
Statements are incorporated herein by this reference and made a part of the agreement of the
parties.
2. Construction of Water Ski Lake. Landlord and Tenant have agreed that a water
ski lake (the "Water Ski Lake") will be developed on the Property under the following conditions:
a. The Water Ski Lake will be in the location as shown on Exhibit B and built to
the specifications shown on Exhibit C.
b. Tenant will develop the mining plan for the property in conjunction with the
HIBE Parcel and will make the Water Ski Lake the first phase of mining on either parcel.
972799
c. Notwithstanding any other provision of this Agreement regarding payment of
royalties, Tenant shall have all soil (overburden), sand, aggregate and other minerals (excluding
oil and gasp water rights, wells and well rights from the construction of the Water Ski Lake
without payment of any royalty.
the Landlord.
Ski Lake.
d. Water augmentation for the Water Ski Lake shall be the sole responsibility of
e. The mining activities of Tenant shall be no closer than 200 feet from the Water
f. Other than the Water Ski Lake, there will be no mining east of the section line
dividing the Property, or north of the east -west overhead electric power line that is depicted on
Exhibit D.
g. Tenant shall be in default of this lease if Tenant does not substantially complete
construction of the Water Ski Lake within eight (8) months of the date all permitting for the
mining of the Property is completed.
3. Minerals to be Mined. Tenant shall have the right, but not the obligation, to
remove sand, gravel and aggregate from the Property.
4. Term. This Lease is effective as of the date of execution and shall expire when all
minerals are fully mined, but not later than thirty (30) years from the date of this Agreement.
However, in the event Weld County does not issue a Use by Special Review Permit to allow sand
gravel and aggregate mining on the Property, or the Colorado Mined Land Reclamation Board
does not issue a permit by August 1, 1998, this agreement shall be terminated.
5. Storage. Tenant store sand, gravel and aggregate on the Property during the term
of this Lease and shall not operate a batch plant on the Property.
372 799
following any month in which sand, gravel and aggregate are sold by Tenant. During certain
months of the year, it may be impractical to remove and sell sand, gravel and aggregate because
of weather conditions. No report shall be required for any month during which no sand, gravel
and aggregate have been sold. Tenant shall keep accurate record of all sales of sand, gavel and
aggregate.
7. Surface Rights of Tenant. Tenant may clear and remove brush and undergrowth
from portions of the Property as may be reasonably necessary to explore for sand, gravel and
aggregate, or to locate pits, quarries and stockpile areas.
In order to obtain access to the Property and to carry on its operations, Tenant
shall have the right to make use of all roadways now existing on the Property, and shall have the
right to build such additional roads as may be necessary for the production and removal of sand,
gravel and aggregate. In building the roads, Tenant may use sand, gravel and aggregate from the
leased area. Tenant shall not be required to pay royalties to Landlord for sand, gravel and
aggregate so used.
Tenant shall not erect a concrete batch plant, on the Property
Tenant shall have the right to drill water wells on the Property for use in
connection with mining operations. On permanent cessation of the use of any well, or on
termination of this Lease, Tenant shall leave the well and the well casing for the use of Landlord,
but Tenant may remove any pumps or motors it has installed or caused to be installed
8. Damage to Water Wells and Improvements. Tenant will repair any physical
damage, created from the mining operation, to water well equipment, drinking troughs, storage
tanks, and other similar improvements on the Property. Damages to water wells shall not include
a reduction in the water table.
9. Protection and Restoration of Surface. In digging pits for the purpose of
producing and removing sand, gravel and aggregate, Tenant shall make separate stockpiles of
topsoil and of waste substances. Before termination of the Lease, Tenant shall plow, level and re-
seed with grass all areas where roads and stockpiles have existed pursuant to Tenant's
Reclamation Plan.
10. Payment of Taxes. Landlord shall pay all real estate taxes levied against the
Property before they become delinquent. If Landlord fails to pay the taxes, Tenant may at its
option, pay the taxes and assessments that could become a lien against the Property. Tenant shall
reimburse Landlord for the amount of said taxes thirty (30) days after billing. The Tenant shall
pay, before they become delinquent, all taxes levied against personal property owned or leased by
it, all taxes on aggregates and other materials owned by Tenant or removed from their natural
state, all sales or inventory taxes and all payroll taxes relating to its operation.
-3-
972799
11. Indemnity Against Claims of Others. The Tenant shall fully indemnify and hold
the Landlord harmless from any demand, claim or cause of action for personal injury, death or
property damage brought against the Landlord by a person or entity not a party hereto (but not a
successor, assignee, grantee, employee or tenant of the Landlord) arising out of or connected with
any operations or activities conducted or performed hereunder by the Tenant or its successors,
tenants, agents, employees or assigns. The obligation to indemnify shall not include payment of
the Landlord's attorneys' fees so long as the Tenant provides competent counsel to represent the
Landlord in the action. The Tenant shall have full control of any litigation covered by the
indemnity, with right to settle or compromise, and the Landlord shall cooperate fully in any such
litigation, settlement or compromise. The Landlord shall give the Tenant written notice of the
assertion against the Landlord of any matter covered by the indemnity, promptly after such
assertion is first made.
12. Removal of Improvements and Equipment. All structures, personal property
and equipment placed on the Property by Tenant shall remain the property of Tenant.
On termination of this lease for any cause, Tenant shall have the right to remove all
its improvements and equipment, except water well casing, fences, gates, and cattle guards. The
right to remove its improvements and equipment however, shall include any sand, gravel and
aggregate mined and produced, but not removed on the date of termination, all subject to
payment of royalties provided in this Lease.
13. Default by Tenant. If any default occurs in the performance of any term or
condition of this Lease by Tenant, Landlord shall have the right to give a 60 -day notice in writing
to Tenant, demanding the correction or removal of the default. If Tenant fails to correct or
remove the default within this period, Landlord may, at Landlord's option, terminate this Lease.
If this Lease is terminated by Landlord pursuant to this section, each party shall
have their rights and remedies provided by law or in equity. Notwithstanding such termination,
Tenant shall have six (6) months after the termination within which to remove any plant,
structures, or equipment placed on the Property by Tenant.
14. Permits. The Tenant shall be responsible for applying for all permits necessary to
obtain legal permission to conduct its mining operations including a reclamation plan. The
Landlord, for itself, its successors and assigns, agrees to cooperate in all reasonable ways in
Tenant's efforts to obtain such permits and agrees to furnish, without cost, all information
regarding the Property which it has insofar as such information relates to sand, gravel, aggregate
and other materials.
Tenant shall be solely responsible for all costs and fees of obtaining the necessary permits
for its proposed mining operations and reclamation, which shall be the sole and separate property
of Tenant. Once such permits are granted, the Tenant shall not amend the permits without the
permission of the Landlord.
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972799
Landlord understands that the mining plan will provide phasing that causes the Water Ski
Lake to be constructed first, followed by complete mining of the HIDE Parcel in phases followed
by the mining of the subject Property.
15. Agreement Concerning Reclamation. Tenant shall be responsible for
compliance with all rules and regulations of the Mined Land Reclamation Board and shall be
responsible for reclamation on the Property to the extent the Property is actually mined by Tenant.
16. Agreement Concerning Water Augmentation. Tenant shall be responsible and
pay for any additional water augmentation required due to Tenant's mining of the Property.
Y
l�
T �n
L
Landlord shall be responsible and pay for any additional water augmentation required due to the
development of the Water Ski Lake.
17. Lining of Pits. Tenant may, at its option, line the mining pits on the Property. If
any water storage rights are created by such lining, Tenant shall have the proceeds of sale and
Landlord shall grant to the Tenant and its assigns an easement for such storage together with
access(s) thereto. Landlord shall have the exclusive surface rights for recreation purposes to any
lakes created by this agreement. However, Landlord may be required to provide an indemnity and
insurance in a reasonable amount (but in no event less than $1,000,000) to protect the owner of
the storage rights from liability.
18. Attorney's Fees. In the event of a dispute between the parties regarding this
Agreement, the Property, or the Sand, Gravel and Aggregate Mine that results in litigation, the
prevailing party shall be awarded his court costs and attorney's fees in connection with such
lawsuit.
19. Acknowledgment of Real Estate License. Tenant understands that Carl
Eiberger is a licensed real estate salesperson.
20. Miscellaneous.
a. This Agreement shall inure to the benefit of and shall be binding on the heirs,
legal representatives, successors and assigns of the parties.
b. Time is of the essence in all provisions of this Agreement.
c. Colorado Law shall be used in the interpretation and construction of this
Agreement and the resolution of all disputes hereunder.
d. The provisions of this Agreement may be amended only in writing signed by
both parties.
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972799
e. Paragraph headings are for convenience only and shall not be considered in
any controversy involving the meaning and intent of this Agreement.
IN WITNESS WHEREOF, the parties have executed this agreement at Greeley,
Colorado the day and year first above written.
Landlord:
Carl Eiberger
4
Cindy Baurer
84.
�7
4.a LLLIACA"
0
STATE OF COLORADO
Tenant:
Hall -Irwin Construction, Co.
By Bret Hall
Its Vice President
1,l ( ( ;
My Commission Exiles February26, eau
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this aiz day of( M C11
1997, by Carl Eiberger.
Witness my hand and seal.
My commission expires: Lk \ , 1 Cn
-6-
972799 S
( 4
STATE OF COLORADO
)ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this,cday of ()Q r)
1997, by Cindy Baurer.
Witness my hand and seal.
My commission expires: LI I
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me thisday of fj C' q
1997, by Peter Baurer.
Witness my hand and seal.
My commission expires:919e0J(.14.-
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this _ day of
1997, by Bret Hall as Vice President of Hall Irwin Construction, Co.
Witness my hand and seal.
My commission expires:
Notary Public
LIWP61\CLffi771HAL.WWN\BRIOIrFON\PROP-NO\LGSEn.WPD ' 7 -
972799 Sri
VJ (f t
LEGAL. DESCRIPTION:
FROM SECURITY TITLE GUARANTY COMPANY
TITLE COMMITMENT U026686A95 DATE AUGUST 28. 1995.
A tract of land consisting of the W 1 of the NW 1/4 of Section 31. Township I North.
Range 66 West of the 6th P. M.. Weld County Colorado. and a portion of the NE 1/4
of Section 36. Township I North. Range 67 West of the 6th P. N1.. Weld County. Colorado.
more particularly described as follows:
Beginning at the Northwest corner of Section 36. Township I North. Range 67 West
of the 6th P. M.. said point being the TRUE POINT OF BEGINNING and proceeding thus
along the North line of Section 31. Township 1 North. Range 66 West of the 6th P. M.
on an assumed bearing of South 89° 55' 20" East. of which all other bearings described
herein are relative thereto, a distance of 1372.20 feet:
thence South 00° 51' 39" East. along the East line of the W 'h of the NW 1/4 of said
Section 31. 2650.51 feet:
thence North 89° 22' 20" West along the South line of the NW 1,4 of said Section 31.
1412.10 feet to the East Quarter Corner of Section 36. Township I North Range 67 West
of the 6th P. M.: thence South 88° 37' 40" West along the South line of the NE 1,4
of said Section 36. 1813.63 feet: -
thence North 00° 16' 20" East. 1343.05 feet:
thence North 89° 25' 20" East along the North line of the SW 1/4 of the NE 1/4 of
said Section 36. 484.65 feet to the center of the NE 1/4 of said Section 36:
thence North 00° 07' 20" East along the West line of the E 'h of the NE. l;4
of said Section 36. 1336.35 feet to a point on the North line of said Section 36:
thence South 89° 49' 00" East along the North line of said Section 36.
1.119.25 feet to the TRUE POINT OP TI IE BEGINNING.
County of Weld. State of Colorado.
J FGA! DFSCRIPT,ONS FOR PARCELS -A' & '8'
A tract of land consisting of the W yr of the NW 1/4 of Section 31. Township I North.
Range 66 West of the 6th P. M., Weld County Colorado, and a portion of the NE 1/4
of Section 36. Township I North. Range 67 West of the 6th P. 51.. Weld County. Colorado.
more particularly described as follows:
PARCEL'A'
TO WIT: BEGINNING AT THE NORTHWEST CORNER OF SECTION 31.
TOWNSHIP I NORTH. RANGE ee WEST OF THE /HA P.M..
WELD COUNTY. COLORADO:
THENCE ALONG THE NORTH LINT OF SAID SECTION 3I
SOUTH 19°5310" EAST A DISTANCE OF 1390.29 FEET TO THE
NORTHEAST CORNER OF THE NORTHWEST Ir4 OF THE
NORTHWEST 1/4 OF SAID SECTION 31:
THENCE ALONG THE EAST LINE OF SAID NORTHWEST 14
OF THE NORTHWEST 14 SOUTH 0048'35' WEST A DISTANCE OF 951700 FEET.
THENCE PARALLEL WITH THE NORTH LINE OF THE
NORTHWEST 14 OF SAID SECTION 35 NORTH 10775320' WEST
A DISTANCE OF I000.00 FEET:
THENCE PARALLEL WITH THE WEST LINE OF
THE NORTHWEST l4 OF SAID SECTION 31
SOLTH 009131T WEST A DISTANCE OF *R L12 FEET:
THENCE PARALLEL WITH THE SOUTH LINE
OF THE NORTHEAST W OF SECTION 36. TOWNSHIP I NORTH.
RANGE *7 WEST OF TILE nth P. M..
W F LH COUNTY. t]nLoitum NtIRTI l N9^Je 4 Y WEST A DISC ANCE OF 2119.57 FEET:
THENCE NORTH one 44' EAST A DISTANCE OF 312.21 FEET TO THE
NORTH LINE OF THE SOUTHWEST 14 OF THE NORTHEAST
I'4 OF SAID SECTION le:
THENCE ALONG SAID NORTH LINE SOUTH S9°3945' EAST A DISTANCE
OF ses.uS FEET TO THE NORTHEAST CORNER OF THE
SOUTHWEST I/4 OF THE NORTHEAST 1/4 OF TILE SAID SECTION 30:
THENCE ALONG THE WEST LINE OF THE NORTHEAST 1 v OF THE
NORTHEAST 174 OF SAID SECTION le NORTH 00°1431 EAST
A DISTANCE OF 1318.09 FEET TO THE NORTHWEST CORNER nF
THE NORTHEAST I/41)F THE NI)RTHFASF ios OF SAID SECTION 36/
TIIF NTT Al ONG TED NnRTii I IN or TI IF NOk (I II-A]T 1.4 so I TII "9"1512' EST
.5 I Hsi ANCE co. Ill e.un I ELT to rill. NUR l l Itch S I Li RNER OF
AI ORESAID SECTION' 11 THE POINT OF BEGINNING.
CONTAINING 19.017 ACRES MORE OR LESS.
COUNTY OF WELD. STATE OF COLORADO.
PARITI 'R"
111 WIC: RI LINN'INI, AI 1111Noit I I IW F ST CORN ER Oh SEt' 1PM 31. II IWN'SI III' 1 Nook III.
RANGE ee WEST OF 111E nth P.M.:
THENCE ALONG TILE NORTH LINE OF THE NORTInWE ST 1,4 OF SAID SECTION 11
SOUTH 89'S320' EAST A DISTANCE OF 1390.29 FEET TO THE NORTHEAST CORNER OF THE
NORTHWEST D4 OF THE NORTHWEST 1/4 OF THE SAID SECTION 31:
THENCE ALONG THE EAST LINE OF THE NORTHWEST 14 OF THE NORTHWEST I4 OF
SAID SECTION 31 SOUTH 004835' WEST A DISTANCE OF 930.00 FEET TO THE TRUE POINT OF
BEGINNING
THENCE PARALLEL WITH THE NORTH LINE OF THE NORTHWEST 1,4 OF SAID SECTION
31 NORTH 89'5320' WEST A DISTANCE OF 1000.00 FEET:
THENCE PARALLEL WITH THE WEST LINE OF THE NORTHWEST L4 OF SAID SECTION 31
SOUTH 00'I327 WEST .5 DISTANCE OF *41.12 FEET:
THENCE PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST 1,4 OF SECTION 3e.
TOWNSHIP I NORTH RANGE 67 WEST OF THE 6th P.M.. WELD COUNTY. COLORADO
NORTH 89 lSVS' WEST A DISTANCE Of 2189. S. FEET:
THENCE SOUTH 00'2944' WEST A DISTANCE Of 1005.79 FEET TO THE 5OCT11 LINE OF THE
NORTHEAST 1/S OF SAID SECTION It
THENCE ALONG SAID SOUTH LINE OF THE NORTHEAST W OF SAID SECTION le
SOUT11 39931 43' EAST A DISTANCE OF 11113.74 FEET to THE
SOUTHEAST CORNER OF THE NORTHEAST P4 OF SAID SECTION 3e:
THENCE ALONG THE SOLTII LINE OF THE SOUTI M'EST I /4 OF THE NORTHWEST ST P4 OF
AFORESAID SFt.TIS)N 31 M)t'TH Rmns177' FAST A GIST ANCE OF 1183.] I FE F. T TO THE sot'THLA.T
CORNER OF TIIE SAID SOUTHWEST 14 OF THE NOR] ITWEST D4 OF SAID SECTION II:
THENCE ALONG THE EAST UNE OF THE WEST W OF THE NORTHWEST 1 4 OF RAID
SECTON 31 NORTH tx 4s3)' EAST A DISTANCE on lose. 26 FEET TO TIn I kl F POIN FI1
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AGREEMENT TO PARTITION REAL
PROPERTY
972799
AGREEMENT TO PARTITION REAL PROPERTY
(WBE. !LC /Bernice Lamm: & Paige Denham; Penny L Denham)
April 3, 1997
THIS AGREEMENT is made this -1/day of i"! ! 6.r i = , 1997, by and
between MBE, LLC ('HIBED and Bernice Larson ('Larson'), S. Paige Dersham and Penny
L. Dersham (jointly hereafter 'Denham").
BACKGROUND OF AGREEMENT. The following statements are made to aid in the
understanding and interpretation of this Agreement:
A. MBE and Larson are tenants in common, each with an undivided one-half ('/) interest
in the property which is 112.9496 acres, described on the Plat shown as Exhibit A (the
'Property'), an irrigation well and two water taps. Exhibit A shows the division of the
Property into Tracts A, B and C.
B. Larson and Denham each own an undivided one-fourth (5i) interest in and to the oil,
gas and other minerals under the Property by virtue of a Mineral Deed recorded in
Book 1468 at Reception No. 2416617 on November 23, 1994, in the Weld County
Clerk and Recorder's records.
C. MBE and Larson have agreed upon a division of the Property and Dersham has agreed
to convey their mineral interests as more specifically set forth in paragraph 4 below.
NOW THEREFORE, in consideration of the mutual promises of the parties, it is agreed as
follows:
(.off
1. The Exhibit B Property rine( A')- MBE. The property that is approximately
82.9492 acres labeled as'Tract A' described on Exhibit B, together with all vacated
streets and alleys adjacent thereto, all easements and other appurtenances thereto, all
improvements thereon, and all attachedfi�=nures thereon shall go to HIKE.
(.o{ A + SE FAect'
2. The Exhibits froperty rFroe +st . Larson. The properties that are
labeled as (15.0001 acres) an met (15.0003 acres) described on Exhibits
C and D, together with all vacated streets and alleys adjacent thereto, all easements and
other appurtenances thereto, all improvements thereon, and all attached fixtures thereon
shall go to Larson.
3. Water. Larson shall have, as her sole and separate property, the 450 -gallon per
minute irrigation well, Colorado Registration No. 10455a bothof th t1 2ntaiI View
Water Users' water taps and all other water wells on Tract Swith-the exception
of one water well to be selected by HIKE prior to Closing which shall be transferred to
HIBE (in no event however shall MBE select the water well under Colorado
r/ \'
•
972799
Registration No. 10455). In addition, HIDE shall have any water wells that are
actually located on Tract A, if any.
C.o+ II
4. Minerals. Larson and Dersham shall convey their entire mineral interest in the
property described on Exhibit B to HIDE by mineral deed in exchange for a deed to the
oil and gas rights only to the property described on Exhibit B without the right to
explore or remove such oil and gas from the surface of the property described on
Exhibit B.
5. Price Adjustment. On the day of Closing, MBE shall
pay DershamS
isimas in funds which comply with all applicable Colorado
laws which include cash, electronic transfer funds, certified check, savings and loan
teller's check, and cashier's check.
6. Title Insurance. Title shall be merchantable in the respective parties. Each party
will purchase, at its own cost, a title insurance policy on the property being transferred
to that party in an amount satisfactory to each party. If title is not merchantable and
written notice of defect is given by either party to the other party on or before April
20, 1997, then this contract, at the option of the party giving such notice, shall be void
and of no effect, and each party hereto shall be released from all obligations hereunder
provided, however, that in lieu of correcting such defect, the party receiving such
notice may, within 10 days, obtain a commitment for owner's title insurance policy in
the amount of the purchase price reflecting the title insurance protection in regard to
such defect and the party giving such notice shall have the option of accepting the then
existing insured title in lieu of such merchantable title. Or, the objecting party may
waive the defect. If title insurance is not ordered by each party as allowed by this
paragraph by April 20, 1997, then title shall be deemed merchantable in the other party
and the right to object to non merchantability of title shall be deemed waived.
7. Taxes, Utilities and Other Costs. Taxes for 1996 and prior years have been paid.
Taxes for the year of Closing shall no1 be prorated to the date of Closing. Each party
shall pay the taxes due for his or her respective paw as partitioned in this Contract.
Utilities and other costs shall not be prorated. Each party shall pay the utilities and
costs applicable to each parcel partitioned to them.
8. Rents. Rents shall not be prorated. Each party shall be entitled to retain the rents
collected by him or her to the date of Closing.
9. deed dro the other and Larson have each agreed to execute and deliver a general warranty
party conveying the property as described in paragraphs 1 and 2
above and water. Dersham and Larson shall convey the minerals described in
paragraph 4 by Mineral Deal.
2
17. Miscellaneous.
A. In the event of litigation between the parties, prevailing party shall be awarded
his costs and attorney's fees.
B. lime is of the essence in all provisions of this Agreement.
C. Colorado Law shall govern the interpretation and construction of this document
and the resolution of all disputes hereunder.
D. This document is binding upon and will inure to the benefit of the parties
hereto, their successors and assigns.
E. The provisions of this document may be amended only in writing signed by both
parties.
F. Paragraph headings are for convenience only and shall not be considered in any.
controversy involving the meaning and intent of this Agreement.
DBE, LLC
By. Bernice Larson
/0_,AA
S. Paige Dersham
t wniCUDTPIALAMNIIXIIITOPetAILIONtaTTSAOT
4
y
97275)0
BASELINE RESOURCE
Amendment Application
for
DMG REGULAR OPERATIONS (112) PERMIT
Located in Weld County, Colorado
Prepared For:
HALL-IRWIN CONSTRUCTION CO.
P.O. Box 519
Greeley, CO 80632
Prepared By:
7luttleApplegate,inc.
September, 1997
TA #97-125
972799
STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department of Natural Resources
1 313 Sherman St.. Room 215
Denver. Colorado 80203
Phone 1303, 866-3567
FAX. 1303, 832-8106
CONSTRUCTION MATERIALS
REGULAR (112) OPERATION
RECLAMATION PERMIT APPLICATION FORM
CHECK ONE: New Application (Rule 1.4.5)
Conversion Application (Rule 1.11)
xx
DEPARTMENT O
NATURA]
RESOURCE.
Rov Romer
Governor
lames S lochhead
E,ecun.e Director
Michael B. Lone
Division Director
Amendment Application (Rule 1.10)
Permit # M- 97 - 058 - (provide for Amendments and Conversions of
existing permits)
The application for a Construction Materials Regular 112 Operation Reclamation Permit contains
three major parts: (1) the application form; (2) Exhibits A -S, Addendum 1, any sections of
Exhibit 6.5 (Geotechnical Stability Exhibit; and (3) the application fee. When you submit your
application, be sure to include one (1) complete signed and notarized IVORY ORIGINAL and four (4)
copies of the completed Ivory application form, five (5) copies of Exhibits A -S, Addendum 1,
appropriate sections of 6.5 (Geotechnical Stability Exhibit, and a check for the application fee
described under Section (4) below. Exhibits should NOT be bound or in a 3 -ring binder; maps
should be folded to 8 1/2' X 11' or 8 1/2' X 14• size. To expedite processing, please provide
the information in the format and order described in this form.
GENERAL OPERATION INFORMATION
Type or print clearly, in the space provided, ALL information requested below.
1. Applicant/operator or company name (name to be used on permit):
Hall Irwin Construction Company
1.1 Type of organization (corporation, partnership, etc.): COiporation
1.2 I.R.S. Tax I.D. No. or Social Security Number: 84-0524573
2. Operation name (pit, mine or site name): Baseline Resource
3. Permitted acreage (new or existing site): acres
80.96 permitted
3.1 Change in acreage (+ or -) 88.66 acres
3.2 Total acreage in Permit area 169.6 acres
4. Fees:
4.1
4.2
4.3
4.4
4.5
New Application
New Quarry Application
Milling Application (Non-DMO)
Amendment Fee
Conversion to 112 operation (set by statute)
5. Primary commodities) to be mined: Gravel
5.1 Incidental commoditie(s) to be mined:
Sand
1. N/A
2. lbs/Tons/vr 3.
4. / les'Tons'vr 5.
$1,875.00 application fee
$2,325.00 quarry application
$3,100.00 milling application
$1,550.00 amendment fee
$1,875.00 conversion fee
lbs/Tons/yr
5.2 Anticipated end use of primary commoditie(s) to
5.3 Anticipated end use of incidental com-,oditie(s)
be mined:
to be mined
lbs !Tons/yr
lbs/Tons'yr
Construction Material
N/A
372799
- 2 -
-6. Name of owner of subsurface rights of affected land:
See Exhibit 0
If 2 or more owners, "refer to Exhibit O".
7. Name of owner of surface of affected land: See Exhibit 0
7.1 Names of the holders of any recorded easements on the affected land:
Public Service Company of Colorado Bataa Oil Inc.
8. Type of mining operation: XX Surface _ Underground
9. Location Information: The center of the area where the majority of mining will occur:
COUNTY: Weld
PRINCIPAL MERIDIAN (check one): h 6th (Colorado) _ 10th (New Mexico) _ Ute
SECTION (write number): Phase 1 S 31
TOWNSHIP (write number and check direction): T 1 X North _ South
RANGE (write number and check direction): R 66 East X West
QUARTER SECTION (check one): _ NE X NW _ SE _ SW
QUARTER/QUARTER SECTION (check one): X W1/2 _ NE NW SE SW
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the
approximate elevation): One and one-half miles northwest of Brighton. Average
elevation is 1,945 feet.
Primary future (Post -mining) land use (check one):
_ Cropland(CR) _ Pastureland(PL) _ General Agriculture(GA)
Rangeland(RL) _ Forestry(FR) _ Wildlife Habitat(WL)
_ Residential(RS) X Recreation(RC) DDar_ Industrial/Commercial(IC)
_ Developed Water Resoilrces(WRi _ Solid Waste Disposal(WD)
11. Primary present land use (check one):
_ Cropland(CR) X Pastureland(PL) _ General Agriculture(GA)
_ Rangeiand(RL) _ Forestry(FR) _ Wildlife Habitat(WL)
_ Residential(RS) _ Recreation(RC) _ Industrial/Commercial(IC)
Developed Water Resources(WR)
12. Method of Mining: Briefly explain mining method (e.g. truck/shovel):
Dry surface mining using an excavater to remove the resource and
transport to the processing site in Lot B. Dewatering of the site will be required.
13. On -Site Processing: _ Crushing/Screening
13.1 Briefly explain on -site processing:
Processing will involve crushing, screening and washing of the resource will be
done in Lot B.
List any designated chemicals or acid -producing materials to be used or stored within
permit area: None anticipated.
J72799
-2 -
Name of owner of subsurface rights of affected land: See Exhibit 0
If 2 or more owners, "refer to Exhibit O".
7. Name of owner of surface of affected land: See Exhibit 0
7.1 Names of the holders of any recorded easements on the affected land:
Public Service Company of Colorado, Bataa Oil, Inc.
8. Type of mining operation: XX Surface _ Underground
9. Location Information: The center of the area where the majority of mining will occur:
COUNTY: Weld
PRINCIPAL MERIDIAN (check one): X 6th (Colorado) _ 10th (New Mexico) _ Ute
SECTION (write number): Phase 2 S 36
TOWNSHIP (write number and check direction): T � _X _ North _ South
RANGE (write number and check direction): R 67 East X West
QUARTER SECTION (check one): _ NE _ NW X SE _ SW
QUARTER/QUARTER SECTION (check one): _ NE _ NW X SE _ SW
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the
approximate elevation): One and one-half miles northwest of Brighton. Average
elevation is 4,945 feet.
Primary future (Post -mining) land use (check one):
Cropland(CR) _ Pastureland(PL) _ General Agriculture(GA)
Rangeland(RL) _ Forestry(FR) _ Wildlife Habitat(WL)
Residential(RS) _ Recreation(RC) _ Industrial/Commercial(IC)
X Developed Water Resources(WR) _ Solid Waste Disposal(WD)
11. Primary present land use (check one):
Cropland(CR) X Pastureland(PL) _ General Agriculture(GA)
Rangeland(RL) _ Forestry(FR) _ Wildlife Habitat(WL)
_ Residential(RS) _ Recreation(RC) _ Industrial/Commercial(IC)
Developed Water Resources(WR)
12. Method of Ninina: Briefly explain mining method (e.g. truck/shovel):
Dry surface mining using scrapers and front -loaders to remove the resource and
transport to the processing site. Dewatering of the site will be required.
13. On -Site Processing:
XX Crushing/Screening
13.1 Briefly explain on -site processing:
Processing will involve crushing, screening and washing of the resource.
List any designated chemicals or acid -producing materials to be used or stored within
permit area: None anticipated.
972799
-2-
7. Name of owner of surface of affected land:
6. Name of owner of subsurface rights of affected land: See Exhibit 0
If 2 or more owners, "refer to Exhibit O".
See Exhibit 0
7.1 Names of the holders of any recorded easements on the affected land:
Public Service Company of Colorado, Raraa Oil, Inc.
8. Type of mining operation: X Surface _ Underground
9. Location Information: The center of the area where the majority of mining will occur:
COUNTY: Weld
PRINCIPAL MERIDIAN (check one): Y 6th (Colorado) _ 10th (New Mexico) _ Ute
SECTION (write number): Phase 3 S 36
TOWNSHIP (write number and check direction):
RANGE (write number and check direction):
QUARTER SECTION (check one):
QUARTER/QUARTER SECTION (check one):
T 1
R 67
__ NE
NE
GENERAL DESCRIPTION: (the number of miles and direction
approximate elevation):
elevation is 4,945 feet.
X North _ South
East X_West
NW
NW
SE
SW
SE SW
from the nearest town and the
One and one-half miles northwest of Brighton. Average
-10. Primary future (Post -mining) land use (check one):
_ Cropland(CR) _ Pastureland(PL)
Rangeland(RL) _ Forestry(FR)
Residential(RS) _ Recreation(RC)
X Developed Water Resources(WR)
11. Primary present land use (check one):
Cropland(CR) �_ Pastureland(PL)
Rangeland(RL) _ Forestry(FR)
Residential(RS) _ Recreation(RC)
Developed Water Resources(WR)
General Agriculture(GA)
Wildlife Habitat(WL)
_ Industrial/Commercial(IC)
_ Solid Waste Disposal(WD)
General Agriculture(GA)
_ Wildlife Habitat(WL)
Industrial/Commercial(IC)
12. Method of Mining: Briefly explain mining method (e.g. truck/shovel):
Dry surface mining using scrapers and front -loaders to remove the resource and
transport to the processing site in Lot B. Dewatering of the site will be required.
13. On -Site Processing: _ Crushing/Screening
13.1 Briefly explain on -site processing:
Processing will involve crushing, screening and washing of the resource in Lot B.
List any designated chemicals or acid -producing materials to be used or stored within
permit area: None anticipated.
372:99
- 3 -
14. Correspondence Information:
APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Contact's Name: Jeff Gregg Vice President -Aggregate
Title:
Company Name: Hall Irwin Construction Co. Division
Street: P.O. Box 519
City: Greeley
State: Colorado Zip Code: 80632
Telephone Number: ( 303 ) _ 654-1684 (Metro)
Fax Number: ( 970 ) - 352-6284
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: Gary J. Tuttle Title: Principal
Company Name: Tuttle Applegate Inc.
Street: 11'90 Grant Street. Suite 555
City:
Denver
State: Colorado Zip Code: 80233
Telephone Number: ( 303 ) _ 452-6611
Fax Number: ( 303 ) _ 452-2759
INSPECTION CONTACT
Contact's Name: Jeff Gregg Title Vice President -Aggregate
Company Name: Hall Irwin Construction Co. Division
Street: P.O. Box 519
City: Greeley
State: Colorado Zip Code: 80632
Telephone Number: ( 303 ) - 654-1684 (Metro)
Fax Number: ( 30i ) - 352-6284
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency: N/A
Street:
City:
State: Zip Code:
Telephone Number: ( ) -
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency: N/A
Street:
City:
State: Zip Code:
Telephone Number: ( ) -
972799
- 4 -
15. Description of Amendment or Conversion:
_f you are amending or converting an existing operation, provide a brief narrative describing
the proposed changes
The addition of8'66
/�.�acres of land to the north to be included in the permit bounday for
mining.
Maps and Exhibits:
Five (5) complete, unbound application packages must be submitted. One complete application
package consists of a signed application form and the set of maps and exhibits referenced
below as Exhibits A -S, Addendum 1, and the Geotechnical Stability Exhibit. Each exhibit
within the application must be presented as a separate section. Begin each exhibit on a new
page. Pages should be numbered consecutively for ease of reference. If separate documents
are used as appendices, please reference these by name in the exhibit.
With each of the five (5) signed application forms, you must submit a corresponding set of the
— maps and exhibits as described in the following references to Rule 6.4, 6.5. and 1.6.2(1)(b):
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
EXHIBIT I
EXHIBIT J
EXHIBIT K
EXHIBIT L
EXHIBIT M
EXHIBIT N
EXHIBIT O
EXHIBIT P
EXHIBIT Q
EXHIBIT R
EXHIBIT S
Rule 1.6.2(1)(b)
Rule 6.5
Legal Description
Index Map
Pre -Mining and Mining Plan Map(s) of Affected Lands to include the
location of any recorded easements
Mining Plan
Reclamation Plan
Reclamation Plan Map
Water Information
Wildlife Information
Soils Information
Vegetation Information
Climate Information
Reclamation Costs
Other Permits and Licenses
Source of Legal Right -To -Enter, to include holders of any recorded
easements,
Owners of Record of Affected Land (Surface Area) and Owners of
Substance to be Mined, to include holders of any recorded easements
Municipalities Within Two Miles
Proof of Mailing of Notices to County Commissioners and Soil
Conservation District
Proof of Filing with County Clerk or Recorder
Permanent Man -Made Structures
ADDENDUM 1 - Notice Requirements (sample enclosed)
Geotechnical Stability Exhibit (any required sections)
The instructions for preparing Exhibits A -S, Addendum 1, and Geotechnical Stability Exhibit
are specified under Rule 6.4 and 6.5 and Rule 1.6.2(1)(b) of the Rules and Regulations. If
you have any questions on preparing the Exhibits or content of the information required, or
would like to schedule a pre -application meeting you may contact the Office at 303-866-3567.
97279'
-5 -
Responsibilities as a Permittee:
-upon application approval and permit issuance, this application becomes a
.egally binding document. Therefore, there are a number of important
requirements which you, as a permittee, should fully understand. These
requirements are listed below. Please read and initial each requirement, in
the space provided, to acknowledge that you understand your obligations. If
- you do not understand these obligations then please contact this Office for a
full. lanation.
i !.."-fr
1. Your obligation to reclaim the site is not limited to the amount of
the financial warranty. You assume legal liability for all reasonable
expenses which the Board or the Office may incur to reclaim the affected
lands associated with your mining operation in the event your permit is
revoked and financial warranty is forfeited;
2. The Board may suspend or revoke this permit, or assess a civil
penalty, upon a finding that the permittee violated the terms or
conditions of this permit, the Act, the Mineral Rules and Regulations,
or that information contained in the application or your permit
misrepresent important material facts;
3. If your mining and reclamation operations affect areas beyond the
boundaries of an approved permit boundary, substantial civil penalties,
to you as permittee can result;
4. Any modification to the approved mining and reclamation plan from
those described in your approved application requires you to submit a
permit modification and obtain approval from the Board or Office;
5. It is your responsibility to notify the Office of any changes in your
address or phone number;
6. Upon permit issuance and prior to beginning on -site mining activity,
you must post a sign at the entrance of the mine site, which shall be
clearly visible from the access road, with the following information
(Rule 3.1.12):
a. the name of the operator;
b. a statement that a reclamation permit for the operation has been
issued by the Colorado Mined Land Reclamation Board; and,
c. the permit number.
7. The boundaries of the permit boundary area must be marked by
monuments or other markers that are clearly visible and adequate to
delineate such boundaries prior to site disturbance.
-6-
8. It is a provision of this permit that the operations will be
conducted in accordance with the terms and conditions listed in your
application, as well as with the provisions of the Act and the
Construction Material Rules and Regulations in effect at the time the
permit is issued.
9. Annually, on the anniversary date of permit issuance, you must submit
an annual fee as specified by Statute, and an annual report which
includes a map describing the acreage affected and the acreage reclaimed
to date (if there are changes from the previous year), any monitoring
required by the Reclamation Plan to be submitted annually on the
anniversary date of the permit approval. Annual fees are for the
previous year a permit is held. For example, a permit with the
anniversary date of July 1, 1995, the annual fee is for the period of
July 1, 1994 through June 30, 1995. Failure to submit your annual fee
and report by the permit anniversary date may result in a civil penalty,
revocation of your permit, and forfeiture of your financial warranty.
It is your responsibility, as the permittee, to continue to pay your
annual fee to the Office until the Board releases you from your total
reclamation responsibility.
10. For ioint venture/vartnershio operators: the signing
representative is authorized to sign this document and a power of
attorney (provided by the partner(s)) authorizing the signature of the
representative is attached to this application.
POT! TO COMMENTORB/OBJECTORS:
It is likely there will be additions, changes, and deletions to this document
prior to final decision by the Office. Therefore, if you have any comments or
concerns you must contact the applicant or the Office prior to the decision
date so that you will know what changes may have been made to the application
document.
The Office is not allowed to consider comments, unless they are written, and
received prior to the end of the public comment period. You should contact
the applicant for the final date of the public comment period.
If you have questions about the Mined Land Reclamation Board and Office's
review and decision or appeals process, you may contact the Office at
(303) 866-3567.
97273
-.7 -
certification:
-as an authorised representative of the applicant, I hereby certify that the operation
ascribed has met the minimum requirements of the following terms and conditions:
1. To the best of my knowledge, all significant, valuable and permanent man-made
structure(s) in existence at the time this application is filed, and located within 200
feet of the proposed affected area have been identified in this application (Section 34-
32.5-11,5(4)(e), C.R.S.).
2. Mo mining operation will be located on lands where such operations are prohibited by
law (Section 34-32.5-115(4)(f), C.R.S.;
3. As the applicant/operator, I do not have any extraction/exploration operations in the
State of Colorado currently in violation of the provisions of the Colorado Land
Reclamation Act for the extraction of Construction Materials (Section 34-32.S-120, C.A.S.)
as determined through a Board finding.
4. I understand that statements in the application are being made under penalty of
perjury and that false statements made herein are punishable as a Class 1 misdemeanor
pursuant to Section 18-8-503, C.R.S.
Signed and dated this ,Zo day of
Applicant/
Signed:
Title:
State of
county of
) as
)
bid)
)
)
If Corporation Attest (Seal; „ i'
Signed: �'Y� 14
Corporate Secretary or equivalent
Town/City/County Clerk
4
The foregoing instrument was acknowledged before se this day of ill/A r
41-1
by
01/@/96 3E3Fco.n
as Vitt -PA lead tett of i+lll-1A La i1n—
Slain ii,IJ
.1447,
Rotary Public
My Commission expires: ,tnA ti,y,0
SIGNATURES MOST BE IM SLOE IRE
:•: .1\. .
972'7'9
TABLE OF CONTENTS
EXHIBIT A
Legal Description
EXHIBIT B
Vicinity Map
EXHIBIT C
Pre-Mining/Mining Plan Maps
EXHIBIT D
Mining Plan
EXHIBIT E
Reclamation Plan
EXHIBIT F
Reclamation Plan Map
EXHIBIT G
Water Information
EXHIBIT H
Wildlife Information
EXHIBIT I
Soils Information
EXHIBIT J
Vegetation Information
EXHIBIT K
Climate
EXHIBIT L
Reclamation Costs
EXHIBIT M
Other Permits and Licenses
EXHIBIT N
Source of Legal Right to Enter
EXHIBIT 0
Owner of Affected Land (Surface) and Owner of Substance to be Mined
EXHIBIT P
Municipalities Within Two Miles
EXHIBIT Q
Proof of Mailing to County Commissioners and Soil Conservation District
EXHIBIT R
Proof of Filing With the County Clerk and Recorder
EXHIBIT S
Permanent Man -Made Structures
972793
EXHIBIT A
Legal Description
A portion of the Southeast '/, Section 36, Township 1 North, Range 67 West, South %2 of
the Northeast % of Section 36, Township 1 North, Range 67 West, and West 1/2 of the
Northwest''/, Section 31, Township 1 North, Range 66 West; the 6`h P.M. Weld County,
Colorado.
9'72709
NAMES OF OWNERS OF PROPERTY WITHIN 200 FEET
Tucson Resources LLC. 0157101000006
925 Frontage Rd.
Littleton, CO 80120
Donald O. Peterson
12055 Weld Co Rd 2
Brighton, CO 80601
Peter & Cynthia Baurer
Carl F. Eiberger
754 County Rd 23 3/4
Brighton, CO 80601
147131000054
147131000055
147131000003
147131000001
146936000014
Marcus Caine Politzki & 146936000010
Kellie Dineen Conter
11915 Weld Co Rd 2
Brighton, CO 80601
James & Sarah Mumford
11835 Weld Co Rd #2
Brighton, CO 80601
Annajoyce Hensel Kirby
3855 West Wide Road
Lincoln, CA 95648
H.I.B.E. LLC.
P.O. Box 487
Johnstown, CO 80534
Bernice L. Dersham
(a.k.a. Bernice Larson)
764 Earle Court
Cheyenne, WY 82009
146936000009
146936000013
146936000011
146936000011
James & Dorothy Struck 146936000026
507 Weld County Road 2312
Brighton, CO 80601
Laura M. Knapp & 146925000018
Janice E. Dersham
1206 Weld County Road 23%
Brighton, CO 80601
Robert & Valerie Parker 146936000031
634 Weld County Road 2312
Brighton, CO 80601
Weld County Road 2
Weld County Public Works
933 North 11th Avenue
P.O. Box 758
Greeley, CO 80632
Adams County Public Works
4955 E. 74th Ave.
Commerce City, CO 80022
972799
EXHIBIT D
Mining Plan
The Baseline Resource Property has a significant commercial deposit of sand and gravel located
in the alluvium of the South Platte River in Weld County. There are existing mining operations
immediately to the south of this property. The west, north, and east sides of the property are in
agricultural uses.
Mining will occur in three phases; Phase 1 and 3 in Lot C and Phase 2 in Lot B (see Exhibit C).
The SE parcel and Lot A are not part of this review, but will be processed under Weld County's
Subdivision and Recorded Exemption processes (see Exhibit B).
Before any mining commences in Phase 1, the operator will install a dewatering trench around
the mining area, whereas, in Phases 2 and 3, a slurry wall will be used. The slurry wall will
separate the mine from the adjacent aquifer and prevent ground water depression.
In all the phases, the deposit will be mined through the use of dewatering trenches and pumps.
Initially, scrappers will strip the topsoil and overburden. The topsoil is six inches in depth and
will be stockpiled separately. The overburden consists of clayey sand and silty sand and it will
also be stockpiled separately. Later these stockpiles will be used in reclaiming and sloping the
lakeshore. With in -progress reclamation, it is the intent of the operator to replace the overburden
and topsoil in its final location quickly. As mining progresses, the operator will replace the
topsoil and spread it on the lakeshore immediately after it is stripped from a new mining area.
With the stripping done, the dewatering trenches will be dug down to bedrock in Phases 2 and 3.
However, dewatering trenches in Phase 1 will be 15 feet deep since the mining area will only be
to a depth of 10 to 12 feet. Trenches in all phases will be constructed on the east, north, and west
sides of areas to be mined. Direction of mining is generally south. When the alluvium is
sufficiently dry, an excavator will excavate the material and deposit it in haul trucks which will
transport the material to the aggregate processing area in Lot B.
The subsurface drilling in Lot B indicates that the deepest deposits are in the east section and
may be up to 45 feet in depth. The shallowest deposits are to the west and are 30 to 35 feet deep.
It is anticipated that the mining areas in Lot C will have similar deposit stratification.
The first area to be dug will be the mining area in Phase 1. The next area to be mined will be in
Phase 2 and will consist of a small pit established as a settling pond for the sand and gravel
washing operation. Mined materials in Phase 1 will be transported to the processing area in
Phase 2 by haul trucks.
After Phase 1 has been mined, mining will then proceed to the Phase 2A area on the north side of
Lot B. Mining will progress southward into the Phase 2B and 2C areas.
D -I
972799 '
Mining in Phase 3 will commence with the completion of Phase 2 (with the exception of Phase
2D). Mining will occur at south side of the mining area and proceed to the northwest and all
aggregate materials will be taken to the processing area by haul trucks. Last, the processing area
will be mined (Phase 2D) and once this Phase has been completed, all equipment will be moved
off site.
Each year approximately two to five acres of land will be mined. Annual production will depend
upon the demand for construction materials on the northern metro area of Denver. The
anticipated production is from 200,000 to 450,000 tons per year. This production will also vary
depending on the amount of outside sales as related to internal production of concrete and
asphalt.
Generally we believe the mine will progress according to the following time table:
Phase 1
Phase 2A
Phase 2B
Phase 2C
Phase 3
Phase 2D
Final Reclamation
Total Operation
1 year
4 years
3 years
4 years
6 years
4 years
3 years
25 years
During the first 22 years, the processing plant will operate. The processing area contains the
crushing and screening equipment for the raw material. Some of the material will be washed for
use in the on -site concrete plant. An on -site asphalt plant will also use some material. Recycling
is becoming an accepted method of operation in the industry. Therefore, we will have a plant
here to reprocess concrete and asphalt. Some special aggregate products may be imported to the
site for sale and use in the concrete and asphalt.
The following equipment and facilities will be utilized in this operation:
Loaders (3)
Feeders (3)
Screens (2)
Generators (2)
Crushers (2)
Conveyors (4)
Excavator (1)
Bottled Water
Fuel Truck (1)
Mechanic Truck (1)
Portable Toilets (3)
Scale (1)
Haul Trucks (4)
Scraper (1) Aggregate Wash Plant (1)
Fuel Tank (1) Electric Control Van (1)
Stacking Conveyor(3) Asphalt Batch Plant (1)
Dozer (1) Concrete Batch Plant (1)
Road Grader (1) Ready Mix Concrete Trucks
Shop Building (1) Office Trailer (1)
D-2
972799
In order to gain an understanding of the extent of the mining operation, it is helpful to know the
acres disturbed by different aspects of the mine. We have selected a point in time where the
mining disturbance could be at its maximum. This occurs during the mining of the southern end
of Phase 2A. Here the dewatering ditch will be at its maximum length along with roads to the
processing area. There will be shoreline under reclamation at the north end. The following acres
of disturbance apply at this time:
Stripped overburden and topsoil in anticipation of mining
Active mining area
Topsoil and overburden stockpiles
Dewatering trench
Roads
Aggregate processing plant
Settling pond
Lakeshore final graded with topsoil
Lakeshore seeded
Total Disturbed Area
3 Acres
6 Acres
2 Acre
I Acre
1 Acre
19 Acres
4 Acres
2 Acres
2 Acres
40 Acres
There is an overhead powerline which transects Lots B and C south to north and two oil and gas
wells are located in Lot C. Access to each of the towers and wells will be provided.
An easement has been obtained to discharge water from all mining areas into the South Platte
River (see Exhibit C).
A 404 permit is being applied for due to wetland disturbances in Phase 3. A 404 permit (#
199580950) has been obtained for the private lake area and the permit is enclosed.
The sand and gravel deposit varies from 30 to 45 feet deep. The overburden and topsoil vary in
thickness from six inches to six feet. Bedrock under the deposit is sandstone and siltstone.
Sand and gravel is the primary mineral produced.
Principal intended use of the mine products is construction aggregates. These aggregates will be
sold to customers and included in the asphalt and concrete produced on -site.
D-3
972799
EXHIBIT E
Reclamation Plan
The beneficial end use is designated as a private lake in Phase 1 and water reservoirs in Phases 2
and 3. See enclosed Army Corps of Engineers permit #199580950 regarding specific
recommendations for reclaiming the private lake.
The paved access road into Lot B will be left intact. In addition, access roads will be established
along the edge of the private lake and reservoirs to allow for maintenance vehicles.
In the final reclamation state, the land will be reclaimed in the following categories:
Lake 119.3 Acres
Shoreline 13.6 Acres
Undisturbed ground 36.7 Acres
Total 169.6 Acres
Mining along the shoreline will be at a maximum of a 8:1 slope in Phase 1 and 3:1 slope in
Phases 2 and 3. As the mining progresses through a certain length of shoreline, the overburden
and topsoil will be replaced on the lakeshore above the projected waterline.
In this rural area of Weld County grazing and mining is a predominate land use along the South
Platte River. Thus the post mining use proposed here is compatible. The Weld County
Comprehensive Plan allows for mining uses in the rural and agricultural zones.
The operator will comply with Rule 3.1 according to the following measures:
Reclamation Measures/Materials Handling
The mining will create the rough topography for the lakeshores. Instead of being mined
vertically, these lakeshores will be mined at a 8:1 or 3:1 configuration. See details on Exhibit C
for proposed lakeshore configuration. Overburden and topsoil will be placed on the shoreline for
final grading. Compaction of this overburden will occur by the scrapers and dozers which place
the soil. There are no structures proposed here so no greater compaction is required. Final
grading will be done along the contours and revegetation will occur as soon as possible to
prevent erosion. Lakeshores will be graded and seeded within one to two years after the mining
occurs.
The mining will leave no highwalls on the property. No acid forming or toxic materials are used
in the mining. There will be no auger holes, adits, or shafts left on the property. The operator
will utilize concurrent reclamation in this operation.
Backfill generated on the site will include concrete, silts and clays from the materials washing
operation and non -marketable fine material. These backfill materials will be compacted on the
floor of the processing area and buried along the lakeshore in Phases 2 and 3. The mined area in
Phase 1 will not be lined.
E-1
972799
Inert fill generated off the permit area will also be brought onto the site as backfill. This material
could include concrete, soil, brick, and limited amounts of asphalt. Generally any asphalt
brought in will be recycled into new product. These off -site inert materials will be disposed of in
a similar manner as those generated on -site as described above. Since this material is inert, there
will be no release of pollutants. This reclamation plan identifies off -site material to be used as
backfill. Therefore, no further notice to the Division is required.
For the maintenance of the reservoir and the private lake in Lot C, a 12 foot road around these
water bodies will remain.
Water - General Requirements
Disturbance of the area will be done to minimize the effect on the prevailing hydrologic balance
as follows:
a. The operator shall comply with all applicable Colorado water laws.
b. The operator shall comply with all applicable federal and State water quality laws and
regulations.
c. The operator shall comply with all federal and State requirements for dredge and fill.
d. The operator shall regrade all sediment in siltation structures after mining is completed.
Groundwater - Specific Requirements
The operation will not affect groundwater quality on or off the site. The operation will comply
with all State groundwater quality standards. The Baseline Resource will be operated similar to
the applicants Tucson Resource, which is adjacent to this permit application, where there have
been no water quality violations or problems.
In the wash plant, water will be recycled to a settling pond. Flocculants may be utilized to assist
in the settling out of suspended solids. Flocculants used will not contain hazardous or toxic
materials. The water recycled in the washing operation will not be released into any waterways.
The clays and silts salvaged from the washing operation may be used as fill material if the Phase
2A hole becomes filled.
All chemicals and materials used in the concrete and asphalt plants will be stored and handled
properly according to separate permits with the Colorado Department of Health.
Due to the absence of any pollutants, groundwater quality monitoring is not required in this
operation.
Wildlife
The proposed reclamation plan does not propose to create wildlife habitat. However, the private
lake created in Phase 1 will be stocked with commercial fish. All activities will be planned
considering the safety and protection of wildlife on the property. Some species may be
temporarily displaced by the mining activities. These species are expected to reestablish
E-2
972799
with no difficulty after the reclamation has been completed. The creation of the lakes will create
more opportunities for aquatic birds, mammals, and fish.
Topsoiling
The top six inches of soil is classified as topsoil. This layer includes the root zone of the grasses.
It will be stripped and stockpiled separately. By using concurrent reclamation techniques, the
topsoil in the stockpile should only remain for one to two years. If the stockpile remains more
then one growing season, it will be seeded with Wheatgrass to prevent erosion.
Topsoil will be replaced in reclaimed areas in the same six inch depth.
Revegetation
The purpose of revegetation is to re-establish the pasture grasses for cattle and horses in Phases 2
and 3. Slopes will be no greater than 3:1. The grasses were selected to be long lasting and
regenerate themselves. The ground will be fine graded and prepared for seeding. Fertilizers will
be used according to recommendations from the Soil Conservation Services. The operator will
contact the Soil Conservation Service periodically throughout reclamation for soil tests.
In Phase I, the 8:1 slopes on the east and west sides of the lake are to be planted with wetland
vegetation as specified in the Corps permit. Other areas surrounding the lake will be planted
with the grasses recommended within this permit.
If a significant invasion of noxious weeds occurs, the area will be mowed periodically for
control. Weeds will be mowed before they go to seed during the first growing season.
Mechanical control will be used as a first priority. Chemical methods will only be used if no
other alternative produces acceptable results.
As mining operations are completed, the area will be graded and shaped. Runoff or excess water
from adjacent areas will not be allowed to flow over any of the slopes. Berms will be
constructed to divert this excess water and dispose of it in a safe and non -erosive manner.
The seedbed will be worked up and be weed free and firm at the time of planting. If the seed is
broadcast, the seeding rates will be doubled.
Based on the soils in the area, the following seeding mixtures are recommended:
Vaughn Side Oats Grama
Grenville Switchgrass
Lovington Blue Grama
Barton Western Wheatgrass
Barton Western Wheatgrass
Luna Pubescent Wheatgrass
Lincoln Smooth Bromegrass
30%
20%
20%
30%
30%
30%
40%
1.35 #PLS/ac.
0.5 #PLS/ac.
0.3 #PLS/ac.
2.4 #PLS/ac.
-OR
3.2 #PLS/ac.
3.6 #PLS/ac.
1.30 #PLS/ac.
E-3
972799
Seeds will be planted with a drill equipped with depth bands and press wheels. The seeded areas
will then be covered with straw mulch at a rate of 4,000 pounds per acre. The straw will be
crimped into the soil to control erosion until the grass becomes established. Seeding will be
done between November 1 and May 1 and as soon as possible after fine grading is completed.
Cattle and horses will not be grazed on the revegetated areas for at least two years so the grasses
can become established.
Wetlands species recommended for Phase I include:
Softstem Bullrush
Sloughgrass
Sedge
Trees and shrubs will be planted in clusters as indicated on the Reclamation Plan Map. Each
cluster will contain five to ten trees and ten to twenty shrubs. Trees will be selected from the
following list:
Willow Cottonwood Hackberry Honey Locust
Eastern Red Cedar Rocky Mountain Juniper Ponderosa Pine Scotch Pine
Shrubs will be selected from the following list:
Winterfat Snowberry Native Plum
Sandcherry Rabbit Bush Siberian Peashrub
Sumac Lilac Tartarian Honeysuckle
Trees and shrubs will either be nursery grown or native collected stock. The newly planted trees
and shrubs will be watered from a truck for the first several years.
Reclamation will occur as mining progress throughout the life of the mine. During the fall those
areas mined during the past year will be graded with overburden and topsoil. Seeding and
mulching will generally occur in the fall.
E-4
972799
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, OMAHA DISTRICT
TRI-LAKES PROJECT OFFICE, 9307 STATE HWY 121
LITTLETON, COLORADO 80123-6901
REPLY TO
ATTENTION OF
Mr. Peter Baurer
294 Park Circle
Golden, Colorado 80401
Dear Mr. Baurer:
March 29, 1996
Enclosed is a Department of the Army permit, number 199580950 for
the excavation of material from waters of the United States, Weld
County, Colorado.
Please notify Mr. Rex Fletcher at (303) 979-4120, or the above
address, when work on this project is begun and also when completed. He
may also be called if you have any questions concerning the permit.
Enclosure
Sincerely,
Primed on ® Recycled Paper
972799
DEPARTMENT OF THE ARMY PERMIT
Permittee Mr. Peter Baurer
Permit No. 1 99580950
Issuing Office Omaha District, Corps of Engineers
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office"
refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate
official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description:
See page 4 for a Detailed Description of Authorized Work
Project Location: Approximately 1 /8 mile east from the juncture of Weld County Road 23 1 /2 and Weld County Road 23 3/4,
in Section 31, Township 1 North, Range 66 West, Weld County, Colorado.
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on March 31, 1998 . If you find that you need more time to complete
the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is
reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this
permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a
third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire
to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration
of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit,
on must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine
if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. I33 CFR 320-330)
972799
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward
a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the
certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being
or has been accomplished in accordance with the terms and conditions of your permit.
Special Conditions:
See page 5 for a continuation of General Conditions and for a list of Special Conditions
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
( x ) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the
United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized
y this permit.
d. Design or construction deficiencies associated with the permitted work.
2
972799
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made
in reliance on the information you provided.
- 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant.
Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in suppott of your permit application proves to have been false, incomplete, or inaccurate
(See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures
contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement
procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and
for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if
you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the
corrective measures by contract or otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are
—circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will
rmally give favorable consideration to a request for an extension of this time limit.
Yogaw a(permittee)indicates that you accept and agree to comply with the terms and conditions of this permit.
(FERMI" IL
31 act— 0
(DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
MICHAEL S. MEULENERS
(DISTRICT ENGINEER)
COLONEL, CORPS OF ENGINEERS
TIMOTHY T ARE PROJ• T MA AGER
TRI-LAKES P • 'Fr OFFIC
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions
of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated
liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
--- (TRANSFEREE)
(DATE)
972799
199580950
Mr. Peter L. Baurer
Wetlands
DETAILED DESCRIPTION OF AUTHORIZED WORK
In accordance with the terms and conditions of this Department of the
Army permit, Mr. Peter L. Baurer, is granted authorization by the
Secretary of the Army to impact 0.09 acres of water of the United States
in conjunction with the construction of the fish pond.
The project entails constructing a private fishing pond. The scope of
work will require excavating mostly upland areas approximately 2200 feet
long, 200 feet wide and 8 feet deep. The surface area of the pcnd will
be approximately 10.17 acres. The shoreline around the pond will have
8:1 slopes. Excavation will be done by scrapers and graders. The
excavated material will be placed in upland sites creating an access
road and two pads for two single family homes. An old abandon levee
lies between the project site and the South Platte River. The levee
will be built up to serve as part of the entrance road and help deflect
the road noise from US Hwy. 85. Any excess excavated material will be
used to level upland vegetated depressions in the pasture.
Approximately 0.09 acres of wetlands will be impacted by the project.
Existing wetlands targeted to be impacted by the project are limited to
a very small area on the North end of the pond. Mitigation will be on
a 1:1 ratio and take place on site in an upland area adjacent to
existing wetlands not impacted by the project. Wetlands will be allowed
to develop along the pond's edge, creating much more wetlands than will
be impacted by the project.
L
972799
GENERAL CONDITIONS, CONTINUED
7. That all construction debris will be disposed of on land in such a
manner that it cannot enter a waterway or wetland.
8. That equipment for handling and conveying materials during
construction shall be operated to prevent dumping or spilling the
materials into the water except as approved herein.
9. That measures will be employed to prevent or control spilled
petroleum products, chemicals, or other deleterious materials from
entering the waterway and the peiuiittee will formulate a contingency
plan to be effective in the event of a spill.
10. That all work in or along the Huett Seepage Ditch and wetlands is
performed in such a manner so as to minimize increases in suspended
solids and turbidity which may degrade water quality and damage aquatic
life outside the immediate area of operation.
11. That fuel storage tanks above ground shall be diked or curbed or
other suitable means provided to prevent the spread of liquids in case
of leakage in the tanks or piping.
12. That when the District Engineer has been notified that a filling
activity is adversely affecting fish or wildlife resources or the
harvest thereof and the District Engineer subsequently directs remedial
measures, the permittee will comply with such directions as may be
received to suspend or modify the activity to the extent necessary to
mitigate or eliminate the adverse effect as required.
13. That the disposal area, method of disposal, or methods of dredging
will not be changed without prior written approval of the District
Engineer.
14. That the clearing of vegetation will be limited to that which is
absolutely necessary for construction of the project.
15. That all dredged and excavated materials, with the exception of
that authorized herein, will be placed on an upland site above the
ordinary high water line in a confined area, not classified as a
wetland, to prevent the return of such materials to the waterway.
15. That the cross-sectional area of Huett Seepage Ditch is not
reduced.
17. That the fill created by the discharge will be properly maintained
to prevent erosion and other non -point source of pollution.
5
972799
SPECIAL CONDITIONS
A. That 0.09 acres of wetlands will be created on site and adjacent to
existing wetlands which are not going to be impacted by the project.
B. That wetland vegetation Scirous validus (softsteam bullrush),
Beckmannia svzigachne (sloughgrass), and Carex Aquatills (sedge) will be
planted on the east and west sides of the pond, using good planting
techniques, to aid in stabilizing the banks. A wetland consultant should
be contacted for this part of the project.
C. That any changes and modifications in the proposed plan be presented
to the Corps of Engineers for review prior to doing any work.
D. That any and all equipment will be inspected for possible petroleum
(oil,gas, grease and etc.) leeks. Any and all contaminant leeks will be
repaired prior to the equipment being allowed to enter any waters of the
United States to include wetlands.
E. That livestock grazing will not be permitted on mitigtion sites
until such time that the Corps of Engineers has accepted the mitigation
site as viable and selfsustaining.
F. If success is not achieved within 3 years, the applicant will take
appropriate steps, as directed by the Corps, to ensure wetlands are
created at the mitigation site.
G. That any and all construction will be performed during time periods
which the eagles are not present in the area.
6.
972799
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199580950
WELD COUNTY
831, TIN, R66W
972799
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STILL WATER RANCH
199580950
WELD COUNTY
531, TIN, R66W97
C
STATE OF COLORADO
Roy Romer, Governor
Patti Shwayder, Acting Executive Director
Dedicated to protecting and improving the health and environment of the people of Colorado
4300 Cherry Creek Dr. S. Laboratory Building
Denver, Colorado 80222-1530 4210 E. 11th Avenue
Phone (303) 692-2000 Denver, Colorado 80220-3716
1303) 691-4700
January 9, 1996
Peter L. Baurer
294 Park Circle
Golden, CO 80401
Re: Section 401 Water Quality Certification
Permit No. 199580950
Colo. Cert. No. 2528
Dear Mr. Baurer:
C
Colorado Department
of Public Health
and Environment
The Water Quality Control Division has reviewed the federal license or permit application, public notice,
or other information submitted related to certification for the activity described below. Provided the
plans of operation included in the submitted information are followed and the attached General
Conditions (where applicable) are complied with, the Division is reasonably assured that Sections 301,
302, 303, 306, and 307 of the Clean Water Act and applicable sections of the Colorado Water Quality
Control Act will not be violated by this activity.
Description:
Location:
Place fill material in wetlands in conjunction with the construction of a fish
pond.
Section 31, T1 N, R66W, Weld County, Colorado.
Watercourse: Platte River Wetlands.
This certification does not constitute a relinquishment of the Water Quality Control Division's authority
as delineated in the "Colorado Water Quality Control Act" or any subsequent alterations or additions
thereto, nor does it fulfill or waive any other local, state or federal regulations.
Sit erely<
��
t
Jon Scherschligt/Chief
Groundwater and/Standards Section
WATER QUALITY CONTROL DIVISION
JS:cm/401Cert.
Attachment
cc: COE, Omaha District - Omaha
COE, Omaha District - Littleton
Victor Sainz, District Engineer
File
972799
BEST MANAGEMENT PRACTICES
1.
At least fifteen days before a federal licensee or permittee commences any project
in a watercourse, which project may adversely affect water quality, it shall notify the
following:
A. Applicable local health department;
B. Owners or operators of municipal and domestic water supply intakes which
are located within twenty miles downstream from the site of the project; and
C. Owners or operators of other intakes or diversions which are located within
five miles downstream from the site of the project.
2. Construction operations in watercourses and water bodies shall be restricted to
areas specified in the federal license or permit.
3. Permanent erosion and sediment control measures shall be installed at the earliest
practicable time consistent with good construction practices and shall be
maintained as necessary throughout the operation of the project. One of the first
construction activities shall be the placement of permanent and temporary erosion
and sediment control measures around the perimeter of the project or the initial
work areas to protect the project water resources.
4. Temporary erosion and sediment control measures shall be coordinated with
permanent measures to assure economical, effective, and continuous control
throughout the construction phase and during the operation of the project.
5. Work should be carried out diligently and completed as soon as possible.
6. The use of chemicals such as soil stabilizers, dust palliatives, sterilants, growth
inhibitors, fertilizers, deicing salts, etc., during construction and operation should
be limited to the best estimate of optimum application rates. All reasonable
measures shall be taken to avoid excess application and introduction of chemicals
into the waters.
7. Measures shall be taken to prevent spilled fuels, lubricants, or other toxic materials
from entering the watercourse.
8. Whenever practicable, discharges of dredged or fillmaterials shall be conducted
during low flow periods, during periods when spawning is not occurring and during
periods when recreational use is relatively low. If such discharges willoccur when
water temperatures are near freezing and where a domestic water supply diversion
is located within twenty miles downstream, the permittee shall coordinate with the
water purveyor in order to minimize impacts on treated water quality.
9. Solids, sludges, dredged, stockpiled or other materials which are potential sources
of toxic pollutants, shall be controlled in a manner so as to prevent such materials
(over)
972799
from entering water courses. Materials which are not a potential source of toxic
pollutants shall be disposed or controlled in a manner reasonably designed to P
prevent them from entering water courses.
10. Upon discovery of solids, sludges, dredged or stockpiled materials, or other
potential sources of pollutants entering a watercourse, the licensee or permittee
shall immediately make every reasonable effort to notify:
A. Applicable local health departments and the Colorado Department of Health;
B. Owners or operators of municipal and domestic water supply intakes which
are located within twenty miles downstream from the site of the project; and
C. Owners or operators of other intakes or diversions which are located within
five miles downstream from the site of the project.
11. Measures shall be taken to prevent the entrance of wet concrete into the
watercourse when placed in forms and/or from washing of trucks.
12. Fillmaterials shall be clean as practicable.
13. Structural fillor bank protection shall consist of materials, which are placed and
maintained so as to withstand predictable high flows in the watercourse.
Hazardous areas should be clearly marked or made inaccessible to the public.
14. Concrete slabs which may be unstable are not authorized for use as riprap.
Broken concrete chunks are authorized but shall be free of protruding reinforcing
materials.
15. Areas disturbed by a project and which are suitable for vegetation shall be seeded
or revegetated to prevent subsequent soil erosion.
16. Discharges of dredged or filimaterials in excess of that necessary to complete the
project shall not be permitted.
17. Discharges to waters of the State not included in the license or permit and not
certified in accordance therewith are not included within the terms of this 401
certification.
18. To the extent reasonable and cost-effective, the activity submitted for certification
shall be designed to minimize subsequent maintenance.
19. Frequent fording of a channel is not permitted. Temporary bridges or other
structures shall• be built if frequent crossings are necessary, provided that such
structures are approved by the federal licensing or permitting agency.
20. The discharge of materials which cause floating debris, surface scum or film, or
color or odor which impair classified uses is not permitted.
972799
EXHIBIT G
Water Information
The proposed mining operation is to be located in Weld County, north of the existing Hall -Irwin,
Tucson gravel pit in Brighton, Colorado. The area to be mined totals to approximately 125
acres. The southwestern portion of the area will be used for aggregate washing, and concrete and
asphalt production purposes. During the initial phase, a 4 -acre area will be mined to serve as a
lined pond to supply water that is required for these processes. Water will be taken from the
Brighton Ditch to fill this pond. Eventually the remaining area, along with the 4 -acre pond, will
be utilized for the mining and extraction of sand and gravel.
The total operation will consist of three gravel pit lakes, which will be mined in phases. Lake 1
will be mined initially, followed by Lakes 2 and 3. Lake 1 will be an open lake. There is
currently an approved substitute supply plan for Lake 1, and a well permit has been issued under
permit number # 47367-F (referred as #95 on Exhibit G -I). A substitute supply plan for Lakes 2
and 3 will be submitted to the State Engineer's Office.
A slurry wall will be placed around the perimeter of Lakes 2 and 3 to allow for dry mining. The
wall will be constructed before the start of the mining operations on each lake. Upon completion
of the mining operations, the property will be purchased by Central Colorado Water
Conservancy District and converted into a reservoir. The length for the completion of the project
is estimated at 25 years.
Water Use
Water use at the site will include evaporation from the 4 -acre pond, water retained in material
removed from the site, dust control of haul roads and stockpiles, and water used in concrete and
asphalt production.
The gross annual evaporation for the site is 38 inches at the subject location, taken from NOAA
Technical Report NWS 33, Evaporation Atlas for the Contiguous 48 United States. The annual
mean precipitation is 15.31 inches. The precipitation at the mine site is estimated to be the same
as that found at the nearest weather station to the site which is located in Denver. The
precipitation was found using data from the publication, Climatography of the United States No.
81.
The effective precipitation is computed to determine the net evaporation from the 4 -acre pond.
The effective precipitation is calculated as 70 percent of the total precipitation. The net
evaporation is then determined by subtracting the effective precipitation from the gross
evaporation. The net annual evaporation from the pond is 2.27 feet. Thus, the resulting net
annual evaporative consumptive use during the mining operations is 9.09 acre-feet.
G-1
272799
As material is excavated, it will be washed on site. The water retained in this material is
considered as consumptive use. The anticipated amount of material that will be mined and
washed each year is estimated at 450,000 tons. Assuming a 4 percent moisture content by
weight as suggested by the State Engineer's Office, the total annual depletion is 13.2 acre-feet.
Because the mining area will be isolated from the water table by installation of a slurry wall,
there will be no exposed groundwater. After the site is lined with the slurry wall, the pit will be
excavated and dry mined.
In addition, water use at the site will include dust control. This is water applied to haul roads and
stockpiles. It is estimated that one load from a 3000 -gallon capacity water truck twice a day
(Monday through Friday) for nine months is required for dust control. This results in a
consumptive use of 3.6 acre-feet per year.
Water will be used in the batching of concrete. It is estimated that two million gallons of water
will be used in the concrete production process. This results in an annual consumptive use of 6.1
acre-feet.
Water will also be used in the production of asphalt. It is estimated that approximately 1.0 acre-
foot per year will be used for this process.
The total annual consumptive uses associated with the mining operations are as follows:
Evaporation
9.1 acre-feet
Moisture Retained in Product
13.2 acre-feet
Dust Control
3.6 acre-feet
Water Used in Concrete Production
6.1 acre-feet
Water Used in Asphalt Production
1.0 acre-feet
Total
33.0 acre-feet
Water Rights
Central Colorado Water Conservancy District will be providing the necessary water required for
the mining operation using shares from Brighton Ditch. An application to temporarily change
the use of the Brighton Ditch shares from agricultural use to industrial use will be submitted to
the State Engineer's Office.
G-2
972799
C.C.W.C.D. will construct a pipe from the Brighton Ditch to the site. The water from the
Brighton Ditch will be conveyed through this pipe to fill the 4 -acre pond. All water used for
mining operations will be taken from this pond. Upon completion of the project, the Brighton
Ditch water will be used to fill the reservoir.
Surrounding Water Rights
Exhibit G-1 shows the permitted and/or adjudicated water rights within one half mile of the site.
Well and water rights tabulations from the State Engineer's Office were used to locate the
surrounding wells and water rights as shown in Exhibit G-1.
Since the slurry wall will prevent additional groundwater exposure, there will be little effect on
the level of the groundwater table. Therefore, we anticipate no injury on the surrounding water
rights.
Discharge Permit
A Discharge Permit will be applied for with the Colorado Health Department. This permit will
be obtained before the mining operations begin.
G-3
972799
REPORT DATE 06/06/97
PERM:T D CO OWNER INFORMATION
COLORADO WELLS, APPLICATIONS, AND PERMITS PAGE 1
COLORADO DIVISION OF WATER RESOURCES
ACTIVITY STATUS 1ST USED ANNUAL ACRES GEOL WELL WELL WATER SEC LOCAT'N TONE P
CD DATE CD DATE ND MD DB USE DATE APROP IRA AQFR YIELD DEPTH LEVEL COORDINATES QTRS SC SHIP RANGE M
6647F 1 62 BAURER PETER L /CARL F EIBERGER 294 PARK CR GOLDEN, CO 60601
NP 01/04/65 OC 03/21/96 2 1 04/07/65 Gm 775.00 34 4 1327N. 0670A NENE 36 1 N 67 N S •
JIG1.1-313-SA1G TON CO Saw,
NP 11/21/8 2
GA 15.00 30 160024,2520E SANE 36 1 N 67 N $
136216 A 1 62 CRAVER DAVID L i BARBARA 645 SO 6TH POB 573 BRIGHTON, CO 10601
NP 11/21/84 RC 07/10/91 2 19 12/10/84 ow 15.00 25 5 1600N,2690E SANE 36 1 N 67 N S.
x.34 -NOR 23 1/2-BRief9'BN-4Pt06L1
AP 03/03/93 5/20/93 2 H GA 175024.2400E SANE 36 1 N 67 A $
126135 A 1 62 SAKATA FARMS BRIGHTON, CO 80601
NF 05/27/62 2 8 hE WIC 5/2,04j 2. 7j01 ti''L`'N NY6NN 3E 1 N
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419893 1 62 FANKHOUSER EARL BOK 6 HENDERSON, CO 80680
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132626 A 1 62 STRUCK J BRIGHTON. CO 60601
NC 07/25/83 2 9
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NI 08/21/90 LR 21/19/90 2 1 12/31/60 1,00
158810 _A 1 62 STRUCK JAMES P 507 NCR 23 1/2 BRIGHTON. CO $0601
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2 1 KLF 1720N,1280A $WNW 36 1 N 67 N S
0026 1 62 STRUCK PAUL 259 S 10TH AVE BRIGHTON. CO $0601
2 1 01/19/70
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6S006F -t 62 BTTUCK JAMES P 507 NCR 123 1/2 BRIGHTON. CO 80601
MP 02/17/95 EP 06/02/96 2 9 5
4k5540 1 62 CLOSSDi R J RT I BRIGHTON. CO 60601
14.00 710 72 SARA 36 1 M 67 N $
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2 1 06/16/71 30.00 30 5 SESE 36 1 N 67 N S
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972799
REPORT DATE 06/06/97 COLORADO WELLS, APPLICATIONS, AND PERMITS PAGE 1
COLORADO DIVISION OF WATER RESOURCES
PERMIT D CO OWNER INFORMATION
ACTIVITY STATUS 1ST USED ANNUAL ACRES GEOL WELL WELL WATER SEC LOCAT'N TOWN P
CD DATE CD DATE WD MD DB USE DATE APROP IRE AQFR YIELD DEPTH LEVEL COORDINATES QTRS SC SHIP RANGE N
164121 1 62 LARSON BERNICE L/FKA B L DERSHAM 9517 WAYNE RD CHEYENNE, WY 82009
NP 03/09/92 AR 04/07/92 2 9 12/31/48 GN 25.00 17 01665,1998E SWSE 36 1 N 67 W S '
164120 1 62 ]ARSON BERNICE L/FKA B L DERSHAM 9517 WAYNE RD CHEYENNE, WY $2009
NP 03/09/92 AR 04/07/92 2 9 12/31/48
OW 15.00 16 06665.2325E SWSE 36 1 N 67 M S
164122 1 62 LARSON BERNICE L/FKA B L DERSHAM 9517 WAYNE RD CHEYENNE, WY $2009
NP 03/09/92 AR 04/07/92 2 9 12/31/48 ON 15.00 16 02975.2175E SWSE 36 1 N 67 M S '
164123 1 62 LARSON BERNICE L/PIA B L DERSHAM 9517 WAYNE RD CHEYENNE, WY 82009
y NP 03/09/92 AR 04/07/92 2 9 12/31/49 Gm 15.00 13 01355,2031E SWSE 36 1 N 67 M 5 '
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10455R 1 62 HIBE LLC P 0 BOX 487 JOHNSTOWN, CO 80534
NP 04/11/60 OC 03/13/97 2 1 05/01/51 GN 450.00 28 8 SWSE 3E •I N 67 N S
,.y "'29308 1 62 POLITZKI MARCUS C i CONTER KELLIE D 11915 WELD CNTY RD 2 BRIbHIUN. CO 80601
NE 11/14/66 OC 05/14/96 2 9 10/11/66 Gil 100.00 24 3 SWSE 36 1 N 67 N S '
'"73047 1 62 SAXATA ROBERT PT 3 BOX 304 BRIGHTON, CO $0601
2 B 03/12/68 15.00 31 11 SWSE 36 1 N 67 N S
60355 1 62 DEICE'. HENRY RT 1 BOX 226 FT LUPIVN, CO 80621
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25.00 45 18 NESN 36 1 N 67 N S
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OM 500.00 26 4 00255.2600W SESW 36 1 N 67 W $
■ICIOIDR RT 1 BOX 104. BRIGNION, CO $0601
7 1 06/03/63
19615 1 62 SOMATA FARMS BRIGN7ON, CO $0601
2 8 05/05/46
33087 A 1 62 SAXATA ROBERT P.O. BOX 508 BRIGHTON. CO $0601
RP 06/09/84 2 6
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2 1 01/05/62
74695 1 62 SAXATA ROBERT 0.T.) BOX 304 BRIGHTON, CO $0601
2 8 09/05/14
1000.00 24 3 SESW 36 1 N 67 M Sy
500.00 21 4 SESW 36 1 N 67 M $
350.00 26 6 SESW 36 1 N 67 M S
$.00 40 15 BESN 36 1 N 67 M S
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1,00 15.00 910 265 03005,0300W SW5W 36 1 N 67 M @
972799
REPORT DATE 06/06/97
PERMIT D CO OWNER INFORMATION
ACTIVITY STATUS
COLORADO WELLS, APPLICATIONS, AND PERMITS
COLORADO DIVISION OF WATER RESOURCES
PAGE 1
15T USED ANNUAL ACRES GEOL WELL WELL WATER SEC 1OCAT'N TOWN P
CD DATE CD DATE RD 90D DB USE DATE APROP IRR AGFR YIELD DEPTH LEVEL COORDINATES QTRS SC SHIP RANGE N
CO 80216
3 WENN 31 1 N 66 W
AD
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NENW 11 1 N 66 W S
NP 10/10/58 OC 05/03/96 2 1 Gil 1400.00 40 11 MEr1N 31 1 N 66 M S '
103370 1 62 BAIIMGARTNER HAROLD F PC BOX 144 BRIGHTON. CO 80601
2 89 12/31/56 20.00 1100N,2570W VENN 31 1 N 66 W S '
103371 1 62 BAUMGARTNER HAROLD F P0 BOX 144 BRIGHTON, CO 80601
2 89 12/31/56
103373 1 62 BAUMGARTNER HAROLD F P0 BOX 144 BRIGHTON, CO 80601
2 89 12/31/56
,103376 1 62 BAUMGARTNER HAROLD F PC BOX 144 BRIGHTON, CO 60601
2 69 12/31/56
20.00 1060N,2600W NENW 31 1 N 66 H S
20.00 1100N,2360w NEW 31 1 N 6E H 5
20.00 098CN,2010W NEW 31 1 N 66 M S
4444€ 4 43 PSNCER 1.-T. -RT.T2. 130X 142 - BRII.H,UN.-CO 40401
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2 6 05/27/63
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20.00 155014.2090W SEWN 31 1 N 46 N E.
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2 4 09/09/64
15.00 37 19 SWMm 31 1 M 66 N E
14.00 320
SWNH 31 1 M 66 M $
972799
REPORT DATE 06/06/97 COLORADO WELLS, APPLICATIONS, AND PERMITS PAGE 1
COLORADO DIVISION OF WATER RESOURCES
PERMIT D CO OWNER INFORMATION
ACTIVITY STATUS 1ST USED ANNUAL ACRES GEOL WELL WELL WATER SEC LOCAT'N TOWN P
CD DATE CD DATE WD MD DB USE DATE APROP IRS AQFR YIELD DEPTH LEVEL COORDINATES QTRS SC SHIP RANGE N
irk
_ . 12668R 1 62 HORNBUCKLE VICTORIA RT 1 EX 444 BRIGHTON, CO 80601
2 1 550.00 31 21 NESN 31 1 N 66 M S
1'36708 1 62 SAXATA BOB RT 3 BOX 304 BRIGWOON, CO 80601
2 8 07/20/68 20.00 41 24
5716 1 62 CALHOUN JAMES T RT 2 BOX 132 PT LUPTON, CO 80621
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2 9 04/28/6C 10.00 12 6 NWSW 31 1 N 66 N S
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JJ4ANGE-RAHEIR iARK-T:07-13JY-27--BR ICH ILN,ZO 20601 -
NP 12/01/66 FF)07/01/73 2 3
158330 1 62 CONOCO INC 12354 WELD COUNTY RD BRIGHTON, CO 60601
09/14/90 AR 09/26/90 2 3 07/01/59 1.00
. - 12222F 1 62 BASHER ROBERT SYLMAR MANOR LTD BRIGHTON, CO $0601
RC 09/30/93 2 3 08/06/73
NESW 31 1 N 66 W S
SESN 31 1 N 66 M S
Gil 15.00 50 00995,2382W SESW 31 1 N 66 W S
60.00 1008 260 01545.1900W SESW 31 1 N 66 N S
, 13162F 1 62 STANFIELD LEE C 6 SYLMAR MANOR ICE RT 856CNTY LNE RD BRIGHTON, CO $0601
2 3 09/30/68 13.00 50.00 1004 100 0600S,1100W $ESW 31 3 N 66 W 5
1686( 1 62 CLAYBROOK JOE 9170 FEDERAL BL WESTMINSTER, CO $0030
2 $ 04/13/63 15.00 40 21 $ESN )1 1 N 66 N 5
1'31625 1 62 YOUNGER THEODORE N RT 1 BOX 167 BRIGHTON, CO 80601
2 $ 05/13/69
120727 1 62 PREVOST AL 960 49TH AVE. CT GREELEY, CO 80611
2 9 10/2)/62
35.00 60 20 6ESW 31 1 N 66 M $
15.00 40 02505.2050E SESN 31 1 N 66 M $
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AP 08/13 9/27/93 2 3 ELF 06005.1165W SESW )1 1 N 66 W S
2.- 6264F 1 62 SPENCER M T RT 1 BOX 142 BRIGHTON. CO $0601
2 1 10/04/64
410
7110 1 62 TOTEMS ABEL BRIGHTON, CO 60601
2 9 11/01/60
tk6166R 1 62 JENSEN IVAN D RT 1 BRIGHTON. CO 80601
2 1
68116 1 62 O'BRIQI DIGS L 6510 M COLFAX IAXEW000. CO 60216
2 09 04/16/73
500.00 )1 4 SNSW 31 I N 66 N 5
10.00 13 20 SKEW 31 I N 66 M 6
750.00 6 2 6WSM 31 1 N 66 W 6
15.00 22) 100 02006.0300V 6M$N 31 1 N 66 N ¢ ,
972 799
REPORT DATE 06/06/97
PERMIT D CO OWNER INFORMATION
ACTIVITY STATUS
COLORADO WELLS, APPLICATIONS, AND PERMITS PAGE 1
COLORADO DIVISION OF WATER RESOURCES
1ST USED ANNUAL ACRES GEOL HELL WELL WATER SEC LOCAT'N TOWN P
CO DATE CD DATE lID SID DB USE DATE APROP IRE AQFR YIELD DEPTH LEVEL COORDINATES CTRS SC SHIP RANGE M
+ nDQBRt *CK— 92S FROAiRAiGE RD
AP 09/20/91 AU 11/08/91 2
1 1 ROGERS JACK %
NP 11/02/92
RS 7A
34
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OW 120014,1200E NENE 1 1 S 67 W S
2
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AP 09/20/91(A11)11/08/91 2 34
OW
.'L 19680F 1 1 ROGERS JACK 925 FRONTRANGE ROAD LITTLETON, CO 80120
RC 09/23/91 2 4 06/15/17
1''63R 1 1 ROGERS JACK % KIM LAWRENCE GREELEY, CO 80631
NP 11/02/92
167639 1 1 RtY:r
NP 11/02/92
167640 1 1 ROGERS JACK % KIM LAWRENCE GREELEY, CO 80631
2
O N
2
O M
GM
GW
016014,0530E NENE 1 1 S 67 W S
027014,28206 NENE 1 1 S 67 W S
100.00 15 02106,2820W NINE 1 1 S 67 M S
12056,2630E NWNE 1 1 S 67 M 5
GM 011014,2680E NWNT 1 1 S 67 N S
NP 11/02/92 2 O M 0At 00156,1460E NNNE 1 1 5 67 M 5
AI 41222F 1 1 ROGERS JACK 925 FRONT RANGE RD LITTLETON, CO 80120
Sr 09/20/91 AR 04/15/92 2 34
41618F 1 1 ROGERS JACK 925 FRONT RANGE RD LITTLE7ON, CO 80120
`6� PP 04/21/92 AR 09/11/92 2 0
`i1677F 1 1 ROGERS JACK 925 FROM RANGE RD LITTLETON, CO 10120
NP 04/21/92 AR 09/11/92 2 00
R,016701R 1 1 STOUGH DONALD D 13110 6 160TH BRIGHTON, CO 10601
RC 07/02/92 2 1 05/31/47
R SRr3X T lI1k R GREELEY m -2/5R7+
NP 11/02/92 2 0 M
•34-14P T 1 wwcRS'tACK N Ran tw.RanttriO69t
Pr 08/09/93 EP 05/09/95 2 N
._ 44902F 1 1 ROGERS JACK %KIN LAWRENCE GREELEY. CO 80631
NP 03/29/95fjR 05/15/96 2 1)
- 66.1637 1 1 ROGERS srit
NF 11/02/92
3 201932 1 1 STOUGH DONALD D 13110 1 160TH AVE BRIGHT 1. CO 60601
PP 02/12/97 2 I 12/31/60
-861912 AI 1 STOUGH DONALD D 13110 I 160Th AVE BRIGHTON. CO 80601
NP 02/12/97 2 E9
6nN/OE-7'Ti90U1H 40044 -i7tro Y1tOTM AVE- BR76RNew,--00 0601
2 0 N
GM 23005,06001 SENE 1 1 S 67 M S
Pt 210014,0100E SENT 1 1 $ 67 M $
OM SENE 1 1 S 67 M $
750.00 24 6 SENE 1 1 6 67 N S
OM 19256.07405 SENE 1 1 6 67 M 6
AV 02/15/97
1 II
- 165271 1 1 HOOD BESSIE 8 12502 6 161TH AVE BRIGHTON, CO 80601
PP 06/12/92 2 1
_679RN 1 1 HOOD ERVIN L RT 1 BOX 11 BRIGHTON, CO 80601
NP 04/29/6E 2 9 03/01/55
OM 500.00 3) 9 21005,0600E SENE 1 1 6 67 M S
ON 500,00 13 9 210021,0600E SENE 1 1 6 67 M
ON 1660N 1550E SMNE 1 1 S 67 N
ON 15.00 12 216514,2625E ONE 1 1 6 67 M 6
0w 1200 15 11 215014,1615E 6701E 1 1 6 67 M 6
215921,2625E SMNF 1 1 6 67 M S
OM 0166N,1566M VENN 1 1 6 67 M $
10.00 26 6 PENN 1 1 6 67 W 5
972799
REPORT DATE 06/06/97
COLORADO WELLS, APPLICATIONS, AND PERMITS PAGE 1
COLORADO DIVISION OF WATER RESOURCES
PERMIT D CO OWNER INFORMATION
ACTIVITY STATUS 1ST USED ANNUAL ACRES GEOL WELL WELL WATER SEC LOCAT'N TOWN P
CD DATE CD DATE 100 MD DB USE DATE APROP IRA AUFR YIELD DEPTH LEVEL COORDINATES LITRE SC SHIP RANGE M
*3750 1 1 DAVIS Cv1RLs5 595 S VINE DENVER, CO 80202
-- NP 06/25/59 3 8 07/03/59 30.00 32 3 NENE 1 1 6 67 N 6.
141
0949R 1 1 ROOD IRVIN L RT 1 BE 111 BRIGHTON, CO $0601
2 1 850.00 26 6 WENM 1 1 S 67 N S •
26382 1 1 BARNHART FLOYD ROUTE 1 BRIGHTON, CO 80601
L'
3 89 03/03/66 2D 00 30 6 SEWN 1 1 67N
S
+26670 1 1 BARNHART FLOYD ROUTE 1 BRIGHTON, CO 80601
2 09 03/07/66
'636190 1 1 BARNHART FLOYD RT 2 BOX 307 BRIGHTON, CO 80601
2 9 12/19/68
109409
1 1 SAYERS WINE H L 16525 N TUCSON 6T BRIGHTON, CO 80601
NP 05/30/95 AR 07/14/95 2 89
20.00 24 5 SENN 1 2 S 67 N S
18.00 28 4 SENN 1 1 S 67 N S
ELF 10.0D 90D 520 1910N,1890W SENN 1 1 $ 67 M S
972799
REPORT DATE 06/06/97
PERMIT D CO OWNER INFORMATION
COLORADO WELLS, APPLICATIONS. AND PERMITS PAGE 1
COLORADO DIVISION OF WATER RESOURCES
ACTIVITY STATUS 1ST USED ANNUAL ACRES GEOL WELL WELL WATER SEC LOCAT'N TURN P
CD DATE CD DATE MD 30 DB USE DATE APROP IRR AGFR YIELD DEPTH LEVEL COORDINATES OTRS SC SHIP RANGE N
AD
4
VENN 6 1 6 66 M 5
A@FF-4NC- 7H AVE BRIGHTON CO 40601 LOT 1 ILK 1 GREAT WESTERN SUGAR
}}yy AD OS /17/91 2 3 CW 0250N 2040W NENW 6 1 $ 66 W S
'10137R 1 1 GRT WESTERN SUGAR CO BX 34 BRIGHTON. CO 40601
2 4 08/01/48 12.00 500.00 36 20 NENW 6 1 S 66 M 5
10138R 1 1 GRT WESTERN SUGAR CO IX 38 BRIGHTON, CO 00601
f
�r10958F 1 1 GREAT WESTERN SUGAR COMPANY 8X5308 TRl0. ANNEX DENVER, CO 00202
2 4 06/28/66 405.00 36 24 NENW 6 1 S 66 M S
2 4 10/05/56
124608 A 1 1 BRIGHTON GRAIN BRIGHTON. CO 80601
350.00 35 22 0206N,2587E NENW 6 1 5 66 W 5
NP 03/15/82 2 3 , 1. 1 ' 1 /y2 1D 34 - :"SENT 6 1 5 66 W S
"2148 1 1 FEINSTEIN SAM 376 SUNSET DR BRIGHTON. CO 80601
NP 10/10/58
19677 R 1 1 KUNER-EMPSON
NP 03/28'78 • .
2 4
BRIGHTON, CO 80601
2 3
Um'EE-3'YPSON BRIGHTON, CO 40601
- AP 06/26/79 2 3
- 41223F 1 1 ROGERS JACK 125 FROM RANGE RD LITTLETON, CO 80120
9 0/91 AR 06 1 4
41224E 1 ROGERS JACK 925 FRONT RANGE RD LITTLETON, CO 40120
NP 09/2•'91 AR 04/15/92 2 34 ON
15.00 40 23 SENN 6 1 S 66 N S
4r r
2l ci?cm.v 5w.mN,
225F 1 1 R•• RS JACK $25 FRONT RANGE RD LITTLETON, CO 40120
RP 09/20/91 04/15/92 2 34 Or
41226F 1 1 ROGERS Cr 925 FRONT RANGE RD LITTLETON, CO 40120
RP 09/20/9: AP 0 15/92 2 34 OW
41227F 7 1 ROGERS JACK 25 FRONT RANGE RD LITTLETON, CO $0120
PP 09/20/91 AR 04/15/ 2 34 GM
-_ 11669 --4 a ROGUE 'JACK -125 ONT RAMMED LITTLETON, CO 40120
OS 04/61 CA 05/19/92 6 - 22/30/61
----6-1-AOG6R9 uAL6 )t5 KME ROAD LITTLETON, CO $0120
RP 07/01/63 ' 5/19/92 2 1 07/05/63
1947•$--�T. oB RCK-yiS-RONIRAWGF . L1'1713TON, "CD X0146--
X5/15/25
29678 ' j T-RoGER_S JACK 125 FRONFRANGE ROAD 3TTTPAR -increD120
05/19/92 2 4 04/1 'SC
427321_ .4 3-AOCGBR9 OACK -t-'RTM MRH106 pains!, • .0631
NP 08/09/93 42P x5/09/95 2 14
44775F --I 1 ROGERS JACK I KIM LAWRENCE GREELEY. 00-46431
MP 06/09/91 Er 5/09/95 2 34
Gw
GM
6 1 5 66 N S
SWNW 6 1 S 66 M 6
D 0 00W SWNW 6
M
26506,0700V SWNW 6 1 $ 66 N $
27006.0700w SWNW 6 1 $ 66 M 6
24005,1275w SNvw E I $ 66 N 5
30505.0900N BMW 4 1 6 66 4 6
200.00 16 1240DN,1275E PEW 4 1 6 64 M §
100.00 15 14 6MNW 6 1 6 64 M $ '
300.00 24 26506.0200w SWNW 4 1 6 46 M
200.00 24 27005.07004 $WNW 6 1 5 46 M $
27505 0300W $WNW 6 1 6 66 M S
2650$.0700N SWNW 6 1 6 66 M $
972799
REPORT DATE 06/06/97
PERMIT D CO OWNER INFORMATION
COLORADO WELLS, APPLICATIONS, MD PERMITS
COLORADO DIVISION OF MATER RESOURCES
PAGE 1
ACTIVITY STATUS 1ST USED ANNUAL ACRES CECIL WELL WELL MATER SEC LOCAT'N
TOWN P
CD DATE CD DATE MD MD DS USE DATE APROP IRR AUER YIELD DEPTH LEVEL COORDINATES OTRS SC SHIP RANGE M
NP 06/09/93 EP 05/09/95 2 34
NP 00/09/93 EP 05/09/95 2 34 OR
W°.1=-6-'� fRD4Cb e063r---
NP 08/09/93 2 34
—9N
44903F 1 1 ROGERS JACK GRIM LAWRENCE GREELEY, CO 80631
• NP 03/29/95 SU 04/17/96 2 13
44904F 1 1 ROGERS JACK BRIM LAWRENCE GREELEY, CO 80631
L
NP 03/29/95 SU 04/17/96 2 13
. = 66905? 1 1 ROGERS JACK %KIM LAWRENCE GREELEY, CO 80631
NP 03/29/95 SU 04/17/96 2 13
44906F 1 1 ROGERS JACK %KIM LAWRENCE GREELEY, CO 80631
NP 03/29/95 SU 06/17/96 2 13
452-68-r `42736 -F-
OM 27005,0700W SWNW 6 1 S 66 M S
27005,0700W MEW 6 1 S 66 M $
30505.0800w SWNW 6 1 S 66 w 5
OM 450.00 33 8 27505,0300M SWNW 6 1 S 66 M S
'M 26505,0700M SWNW 6 1 S 66 N 5
'M 27005,0,00W SWNW 6 1 5 66 M S
'M 21005,1275W SWNW 6 1 5 66 M 5
972799
REPORT DATE 09/09/97 COLORADO WELLS, APPLICATIONS, AND PERMITS
COLORADO DIVISION OF WATER RESOURCES
PAGE 2
PERMIT D CO OWNER INFORMATION
ACTIVITY STATUS 1ST USED ANNUAL ACRES GEOL WELL WELL WATER SEC LOCAT'N TOWN P
CD DATE CD DATE WD MD DB USE DATE APROP IRR AQFR YIELD DEPTH LEVEL COORDINATES QTRS SC SHIP RANGE M
160706 A 1 62 ARCHULETA VENTURA S 1621 CAROLINE AVE FT LUPTON, CO 80621
NP 06/14/91 2 8 OW 15.00 39 5 1990N,2360E SWNE 25 1 N 67 W S
161588 1 62 GIRON ROBERT L 1643 CAROLINE AVE FT LUPTON, CO 80621 LOT 5-10 BLK 24 WATTENBERG
NP 07/16/91 AB 08/27/91 2 6 09/26/44 1.00 GW 20.00 40 2176N 2290W SWNE 25 1 N 67 W S
161588 A 1 62 GIRON ROBERT L 1643 CAROLINE AVE FT LUPTON, CO 80621 LOT -5-10 ELK 34 WATTENBERG
NP 07/16/91 P1 2 8 GW 15.00 39 13 2176N,2310W SWNE 25 1 N 67 W S
91336VE 1 62 GIRON ROBERT 1643 CAROLINE AVE FT LOGAN. CO 80621 LOT 6 BLK 24 WATTENBERG
AV 08/20/91 2 8 GW 2176N,2310E SWNE 25 1 N 67 W S
- 16006F 1 62 WATTENBERG IMPROV ASSOC. RT 1 BOX 145 FORT LUPTON, CO 80621
2 2 0110//71 30.00 44 10 0483N,0300E SWNE 25 1 N 67 W S
13320F 1 62 DITIRRO JOHN DENVER, CO 80202
2 3 10/01/68
60.00 48 10 NENW 25 1 N 67 W S
13662E 1 62 PERRY LEONA M RT 1 BX 137 FORT LUPTON, CO 80621
2 1
400.08 10 7 SENW 25 1 N 6 W S
13663R 1 62 PERRY LEONA M RT 1 BX 137 FORT LUPTON, CO 80621
2 1
400.00 14 8 SENW 25 1 N 6' W S
176977 1 62 ASPHALT PAVING CO 14802 W 44TH AVE GOLDEN, CO 80403
NP 02/20/94 CA 06/26/95 2 0 M
GW 1520N,3640E SENW 25 1 N 67 W S
-- 22044 1 62 PRIOLA GEORGE 6 DITIRRO JOHN 7740 E 96TH AVE HENDERSON, CO 80640
2 8 11/09/64
22340 A 1 62 BLACK STEVE FT. LUPTON, CO 80621
NP 02/24/82 2 89
2340 1 62 BLACK STEVE BRIGHTON, CO 80603
20.00 800 60 SWNW 25 1 N 67 W S
GW NESW 25 2 N 67 W S
2 8 12/23/64 6.00 35 10 NWSW 25 1 N 67 W S
186919 1 62 HILL CLARENCE W 6 JANE R 1158 WELD CNTY RD 23 1/2 BRIGHTON, CO 80601
NP 02/13/95 AR 04/10/95 2 8 0.33 OW 6.00 22 08755,1450W SESW 25 1 N 67 W S
k2.024VE.- i 62 HUBER GARY 1058 WCR 23 1/2 BRIGHTON, CO 80601 - -
AV 03/18/97 2 89 20.00 30 11 03005,1460W SESW 25 1 N 67 W S
_- 202399 1 62 HUBER GARY 1058 WCR *23 1/2 BRIGHTON, CO 80601
NP 03/16./91 2 8 06/01/53 1.00 GW 15.00 60 03005,1450W SESW 25 1 N 67 W 5
202399 A 1 62 HUBER GARY 1058 WCR 423 1/2 BRIGHTON, CO 80601
NP 03/18/97 2 0 GW 15.00 30 11 03005,1460W SESW 25 1 N 67 W S
972799
REPORT DATE 09/09/97 COLORADO WELLS, APPLICATIONS, AND PERMITS PAGE
COLORADO DIVISION OF WATER RESOURCES
FERN:T D CO OWNER INFORMATION
ACTIVITY STATUS 1ST USED ANNUAL ACRES GEOL WELL WELL WATER SEC LOCAT'N TOWN P
CD DATE CD DATE WD MD DB USE DATE APROP IRR AOFR YIELD DEPTH LEVEL COORDINATES QTRS SC SHIP RANGE M
152851 1 62 SASAXI JOE 1821 WCR 27 BRIGHTON, CO 80601
NP 10/25/88 2 8 03/31/52 1.00
152851 A 4 62 SASAXI JOE 1821 WCR 27 BRIGHTON, CO 80601
NP 10/25/88 2 8
OW 15.00 40 0945N,0145E NENE 30 1 N 66 W S
GW 085074,0115E NENE 30 1 N 66 W S
5889 1 62 ODAY DON EX 6556 STKYD S DENVER, CO 80202
2 B9 05/12/60
10286R 1 62 BRANCUCCI STEVE 2520 CHERRY DENVER, CO 80202
1
187695 1 62 SASAXI FARMS BRIGHTON, CO 80601
2 1 06/19/50
47086 1 62 MORELAND BOB L 31 S 8TH BRIGHTON, CO 80601
2 B 06/28/71
26361MB 1 62 MYSTROM INC %HYDROKINETICS INC GOLDEN, CO 80401
MB 06/21/95 AB 11/04/96 1 0 M
6292R 1 62 DEBETZ FRED BRIGHTON, CO 80601
2 1
40.00 41 20 NENE 30 1 N 66 W S
640.00 37 18 NENE 30 1 N 66 W S
580.00 40 18 NENE 30 1 N 66 W S
15.00 58 30 NWNE 31 1 N 66 W S
GW NWNE 31 1 N f6 H S
690.00 37 16 SENE 3: : N 6f H S
18769F 1 62 SASAKI FARMS BRIGHTON, CO 80601
2 1 09/11/52
•- 99796 1 62 MONIER 8 CO 1571 WELD CO RD 27 BRIGHTON, CO 80601
2 8 07/01/78
700.00 40 24 SENE 30 1 N 66 W S
1.00 15.00 40 21 1800N,0200E SENE 30 1 N 66 W S
20033F 1 62 CENTRAL COIO.W.CONSER.DIST. 2308 29TH ST. 2 GR£ELEY, CO 80631
2 0 06/02!75 1150.00 36 2250N,2669W SWNE 30 1 N 66 W S
,034F 1 62 CENTRAL COIO.W.CONS£R.DIST. 2308 29TH ST. 2 GREELEY, CO 80631
2 0 08/12/75 1150.00 38 2010N,2670W SWNF 3C 1 N 66 W S
1 62 GODBY CARROLL DON i IVAN COLLINS 37632 WCR 37 EATON, CO 80615
AP 06/17/97 AU 09/08/97 2 3
OW
2400,1600E SWNE 30 1 N 66 W S
13410 R 1 62 C -M CONCRETE P. 0. BOX 315 BOULDER, CO 80306
NP 03/14/80 SA 2 4 03/09/89 15.00 OW 0520N,2340W NENH 30 1 N 66 W S
- 13409F 1 62 GEO. MANCINI FEEDLOTS INC. P. 0. BOX 398 BRIGHTON, CO 80601
2 3 08/09/55
54.00 150.00 42 20 NENW 30 1 N 66 W S
13410F 1 62 CLM CONCRETE COMPANIES PO BOX 490 NIWOT, CO 80544
RC 10/26/89 2 1 06/25/80 15.00 OW 150.00 38 9 0520N,2340W NENW 30 1 N 66 w S
1 62 ALBERT FREI i'SONS 11521 BRIGHTON RD HENDERSON, CO 80640 GRAVEL PIT
AP 07/16/90 AU 08/29/90 2 0 G
OW SE 3C 1 N 66 W S
124369 A 1 62 HRAPSKI P BRIGHTEN, CO 80601
NP 07/12/82 2 8 NESE 30 1 N 66 W S
1 62 BRANCUCCI STEVE 8120 E 104TH AVE HENDERSON, CO 80640
AP 03/06/90 AU OP'15/90 2 H GW 14755,0200E NESE 30 2 N 6E H 5
1.626%56 1 42 BRANCTICCI STEVE 1120 E 104TH AVE HENDERSON, CO 80640
2 1
800.00 40 14 NESE 30 1 N 66 w 5
124369 1 62 HRA?SKI PETER 4 LAVINA M. 1391 WELD CO RD 27 BRIGHTON, CO 80601
2 8 12/30/28
1.00 10.00 35 2035S,0180E NESE 30 1 N 6E H S
- 19826F 1 62 CENTRAL COLO.W.CONSER.DIST 2308 29TH ST 2 GREELEY. CO 80631
2 0 07/19/75 1100.00 38 3405N,3040w NWSE 30 1 N 6E w S
196176 1 62 CENTRAL CC;A.W.CONSER.DIST. 2308 29TH ST 2 GREELEY, CO 80631
2 0 07/14.75 1100.00 35 3545N,2670W NWSE 30 1 N Er W S
20•:326 1 62 CENTRAL COLC.W.CONSER.DIST 2300 29TH ST 2 GREELEY, CO 80631
2 0 08/15/75 1150.00 34 2680N 2730W NWSE 30 1 N 6t H 5
972799
REPORT DATE 09/09/97
PERMIT D CO OWNER INFORMATION
ACTIVITY STATUS
COLORADO WELLS, APPLICATIONS, AND PERMITS PAGE 4
COLORADO DIVISION OF WATER RESOURCES
1ST USED ANNUAL ACRES GEOL WELL WELL WATER SEC LOCAT'N
TOWN P
CD DATE CD DATE WD MD DB USE DATE APROP IRR AQFR YIELD DEPTH LEVEL COORDINATES QTRS SC SHIP RANGE M
100830 1 62 SHAFFER MAURICE B PO BOX 102 BRIGHTON, CO 80601
NP 07/13/78 SA 08/16/78 2 H 07/20/78
`452EVE 1 62 LASATER JACK 12577 WCR 2 1/2 BRIGHTON, CO 80601
AV 12/16/94 - 1- 8
31977 A 1 62 LASSITER JACK 12577 WCR 2 1/2 BRIGHTON, CO 80601
NP 12/27/94 AR 02/13/95 2 8
.2.22bAD . 1_62 NATIONAL FOOD STORES DENVER, CO 80216
AD 3
10.00 44 16 2400N,2250E SWNE 31 1 N 66 H S
` OW 2600N,2210ESWNE 31 1 N 66 H S
GW 5.00 40 20 26006%2210E SWNE 31 1 N 66 W S
NENw 31
1 N 66 w S
2327AD 1 62 NATIONAL FOOD STORES DENVER, CO 80216
AD 3
6291R 1 62 BAURER PETER L,6 EIBERGER CARL F 294 PARK CIRCLE GOLDEN, CO 80401
NP 10/10/58 OC 05/03/96 2 1
103370 1 62 BAUMGARTNER HAROLD F PO BOX 144 BRIGHTON, CO 80601
2 89 12/31/56
103371 1 62 BAUMGARTNER HAROLD F PO BOX 144 BRIGHTON. CO 80601
2 09 12/31/56
103373 1 62 BAUMGARTNER HAROLD F PO BOX 144 BRIGHTON, CO 00601
2 89 12/31/56
NENW 31 1 N 66 w S
GW 1400.00 40 11 NENW 31 1 N 66 H 5
20.00 1100N,2570W NENW 31 1 N 66 H S
20 00 1060N,2600W NENw 31 1 N 66 w S
20.00 1100N,2360W NENW 31 1 N 66 H S
103376 1 62 BAUMGARTNER HAROLD F PO BOX 144 BRIGHTON, CO 80601
2 89 12/31/56 20.00 0980N,2010W NENW 31 1 N 66 W S
46152F 1._62 BAURER PETER L/EIBERGER CARL T 294 PARK CR GOLDEN, CO 80401
NP 01/17/96 EP 03/07/97 2 8
KLF 0900N,0910W NWNW 31 1 N 66 W S
16965F 1 62 BAURER PETER 4 CARL EIBERGER 754 COUNTY RD 23 3/4 BRIGHTON, CO 80601
NP 07/09/96 2 8 5 KLF 25.00 900 447 090014,0910W NWNW 31 1 N 66 H S
133727 A 1 62 ELMS JEFFREY A RT 1 BOX 151A BRIGHTON, CO 80601
NP 10/13/83 2 8 10/28/83 15.00 40 19 2610N,2344W SENW 31 1 N 66 H S
15374 1 62 CHAMBERS JACK BRIGHTON. CO 80601
2 8 24.00 36 22 SENW 3: 1 N 66 H S
103366 1 62 BAUMGARTNER HAROLD F PO BOX 144 BRIGHTON, Co 80601
2 89 12/31/56
103369 1 62 BAUMGARTNER HAROLD F PO BOX 244 BRIGHTON, CO 80601
2 89 12/31/56
103374 1 62 BAUMGARTNER HAROLD F PO BOX 144 BRIGHTON, CO 80601-
2 89 12/31/56
133727 1 62 EI2S JEFFREY A PT 1 BOX 151A BRIGHTON. CO 80601
NP 10/13/83 2 8 01/01/15
15561 1 62 REED BEAUFORD RT 1 BOX 59 BRIGHTON, CO 80601
2 8 05/27/63
21385 1 62 SPENCER W T RT 1 BOX 142 BRIGHTON, CO 80601
2 8 09/09/64
20.00 1850N,2510E SENW 31 1 N 66 H S
20.00 1730N2510E SENw 31 1 N 66 W S
20.00 1550N2090W SENW 31 1 N 66 W S
15.00 40 2580N,2344W SENW 31 1 N 66 H 5
15.00 37 19 SWNW 31 1 N 66 W S
14.00 320 SWNW 31 1 N 66 H S
149664tH 1 62 SMITH ENERGY SERVICES C/0 7450 S LINCOLN ST LITTLETON. CO 80122 ---- ..
MH 04/17/89 2 0 OW SE 31 1 N 66 W S
39674F 1 62 BLAZK HILLS TRUCKING INC 540 N 7TH ST BRIGHTON, CO 80601
NP 07/26;9: AR 06/21/91 2 3 E KLF 10.00 1000 268 22105,2380E NESE 3: 1 N 66 H S
91321VE 1 62 SLACK HILLS TRADING 540 N 7TH ST BRIGHTON. CO 80601
AV 08/09'91 2 3
79:73 1 62 LAN1 ELMER 1691 EGBERT ST. BRIGHTON. CO 80601
2 9 04/30/75
GW 22105,2300w NES£ 31 1 N 66 H S
46.00 15.00 46 19 20005,0900E NESF 3: 1 N 66 w S
972799
REPORT DATE 09/09/97 COLORADO WELLS. APPLICATIONS, AND PERMITS PAGE 2
COLORADO DIVISION OF WATER RESOURCES
PERMIT D CO OWNER INFORMATION
ACTIVITY STATUS 1ST USED ANNUAL ACRES GEOL WELL WELL WATER SEC LOCAT'N TOWN P
CD DATE CD DATE WD MD DB USE DATE APROP IRR AQFR YIELD DEPTH LEVEL COORDINATES QTRS SC SHIP RANGE M
116824 1 62 BRANCUCCI S HENDERSON, CO 80640
NP 03/17/80 AR 09/25/80 2
3 SESE 3C 1 N 66 N S
1997R 1 62 BRANCUCCI STEVE 8120 E 104TH AVE HENDERSON, CO 80640
2 1
350.00 41 21 SESE 30 1 N 66 W S
1998R 1 62 BRANCUCCI STEVE 8120 E 104TH AVE HENDERSON, CO 80640
2 1
6293R 1 62 DEBETZ FRED BRIGHTON, CO 80601
2 1
- 17900 1 62 BRENNING RALPH 815 S 2ND BRIGHTON, CO 80601
2 8 10/29/63
34889 1 62 LUFT JACK BOX 122 BRIGHTON, CO 80601
2 8 08/05/68
.89,72VI .1 62 BRENNING RALPH 1212 GRANT LONGMONT CO, 80501
AV 05/04/89 2 8
1050.00 36 18 SESE 30 1 N 66 N S
400.00 32 14 SESE 30 1 N 66 N S
15.00 36 17 SESE 3C 1 N 6E N S
15.00 43 21 SESE 30 1 N 66 N S
GW 01505,1654E SWSE 30 1 N 66 N S
1 62 C -M SAND CO BOULDER, CO 80306
AP 07/10/80 AR 07/21/80 2 4 SWSE 30 1 N 66 N 5
6293RF 1 62 C -N SANT CC BOULDER. CO 80306
NP 12/16/81 2 1 SWSE 30 1 N 66 w S
34817F 1 62 COWAN CONCRETE PRODUCTS P 0 BOX 5183 DENVER, CO 80217
NP 01/19/89 SR 04/11/89 2 3 GW 01105,2430E SWSE 30 1 N 66 N S
34816F 1 62 COWAN CONCRETE PRODUCTS P 0 BOX 5183 DENVER, CO 80217
NP 01/19/89 SR 04/11/89 2 3 GW 0396S,2430E SWSE 30 1 N 66 N S
- '68178 1 62 COTTONWOOD WATER SKI CLUB LTD I NORMAN SPEAK WHEATRIDGE, CO 80033
EX 11/03/92 RC 11/27/95 2 3 L GW 15.00 30 3 08505,1950E SWSE 30 1 N 66 w S
383AD 1 62 ADAMS TRANSIT MIX CORP. BRIGHTON, CO 80601
AD 3 NESW 30 1 N 66 W
, 1980SF 1 62 CENTRAL COLO.W.CONSER.DIST. 2308 29TH ST. 2 GREELEY, CO 80631
2 0 07/11/75 1320.00 36 3580N,2380W NESW 30 1 N 66 W S
1.14 0AD 1 62 DOUBLE B DEVELOPENT CORP 1021 HWY 85 BOX 8 BRIGHTON, CO 80601
AD 10/21/94 2 3
GW 00865,2750E SESW 30 1 N 66 N S
47367F 1 62 BAURER PETER L/EIBERGER CARL F 754 WELD CNTY RD 23.75 BRIGHTON, CO 80601
NP 01/17/96 AR 04/30/96 2 0 G
1 62 FINLEY TONY COMMERCE CITY, CO 80022
AP 05/20181 AU 11/25/87 2 3
31 1 N 66 N S
GW NENE 31 1 N 66 W S
11620R 1 62 R.T. DEVELOPMENT INC. 2008 FT.WORTH NAT.B.B FT. WORTH, TX 76102
2 1
130898 1 62 HURLEY WINONA E 6 CORDON S RT 1 BX 168 BRIGHTON, CO 80601
2 1
26591
1 62 HURLEY GORDON BRIGHTON, CO 80601
2 8 03/03/66
38779 1 62 FIELDS ENG. 6 FAB. CO INC P.O. BOX 887 BRIGHTON, CO 80601
2 8 08/01/69
800.00 44 19 NENE 31 I N 66 N S
450.00 )0 18 NENE 31 1 N 66 N S
8.00 302 26 NENE 31 1 N 66 N S
40.00 1020 127 1180N,1235E NENE 31 1 N 66 N S
- 39157 1 62 BAUMGAR7NEF HAROLD F PC BOX 144 BRIGHTON, CO 80601
2 9 08/27169 20.00 27 5 1080N,2000E NENE 31 1 N 56 N S
79538 1 62 JIM'S WTR SERV OF COLO INC PO BOX 718 HWY 856RD4 BRIGHTON. CO 80601
2 0 07/18/75 15 00 600 250 0950N,1240E NENE 31 1 N 66 W S
303375 1 62 CLANAHAN DENTS B 718 17TH ST 01950 DENVER. CO 80202
2 89 12,31/56 20.00 123011,2010W NENE 31 1 N 66 W S
972799
REPORT DATE 09/09/97
PERMIT D CO OWNER INFORMATION
ACTIVITY STATUS
COLORADO WELLS, APPLICATIONS, AND PERMITS
COLORADO DIVISION OF WATER RESOURCES
PAGE 3
1ST USED ANNUAL ACRES GEOL WELL WELL WATER SEC LOCAT'N TOWN P
CD DATE CD DATE WD MD DB USE DATE APROP IRR AQFR YIELD DEPTH LEVEL COORDINATES QTRS SC SHIP RANGE M
13,3376_x-4-62-4Y-'P-DEVELORMENT--6167-90 SPRUCE-ENGLEWOOD, CO 80110
CA 10/28/93 2 8 10/28/83 1.00 45.00 45 20 0350N,0970E NENE 31 1 N 66 W S
181391 1 62 FINLEY TONY C/0 KIM LAWRENCE GREELEY, CO 80631 -----___..
NP 03/15/94 AR 08/09/94 2 B 06/15/27 3.00 GM 42 0400N,0720E NENE 31 1 N 66 W S
17196F __"1 62 RANCHl KING MEAT PACKERS ROUTE 1, BOX 154 BRIGHTON, CO 80601
NP 04/16/73 EP 05/15/74 3 NWNE 31 1 N 66 W S
12905AD 1 62 FINLEY TONY/TODD/DAVID 12750 WCR 4 BRIGHTON, CO 80601
AD 04/01/92 AR 2 34 GW 0061N,1322E NWNE 31 1 N 66 W S
19173 1 62 FIELDS ENG. 4 FAB. CO. INC P.O. BOX 887 BRIGHTON. CO 80601
2 9 04/01/64 20.00 43 18 1140N,1450E NWNE 31 1 N 66 W S
31022 1 62 BAUMGARTNER HAROLD F PO BOX 144 BRIGHTON, CO 80401
2 9 05/17/67 20-00 27 8 0740N,2095E NWNE 31 1 N 66 W S
303263- 1 62 RITCHIE BROS AUCTIONEERS INC P 0 BOX 144 BRIGHTON, CO 80601
NP 07/06/83 2 89 12/31/56 20.00 0770N,1550E NWNE 31 1 N 6E W S
y03444- 1 62 RITCHIE BROS AUCTIONEERS INC P.O. BOX 887 BRIGHTON. CO 80601
NP 08/23/78 RC 04/20/90 2 3 12/31/56 GM 20-00 0890N,1530E NWNE 31 1 N 66 K S
103366- 1 62 RITCHIE BROS AUCTIONEERS INC P 0 BOX 144 BRIGHTON, CO 80601
2 89 12/31/56 20.00 1290N,1930E NNNE 31 1 N 66 W S
- 103366 1 62 RITCHIE BROS AUCTIONEERS INC P 0 BOX 144 BRIGHTON, CO 80601
2 89 12/31/56 20.00 1300N,2020E NWNE 31 1 N 66 W S
103367 1 62 BAUMGARTNER HAROLD F PO BOX 144 BRIGHTON, CO 80601
2 89 12/31/56 20.00 1160N,2450E NWNE 31 1 N 66 W S
..73372 1 62 BAUMGARTNER HAROLD F PO BOX 144 BRIGHTON. CO 80601
2 89 12/31/56 20.00 0640N,2630E NWNE 31 1 N 66 W S
_1 103377 1 62 BAUMGARTNER HAROLD F P0 BOX 144 BRIGHTON, CO 80601
2 89 12/31/56 20.00 1020N,2440E NWNE 31 1 N 66 W S
42897F - 1 62 FINLEY TONY G TODD L DAVID_ 1276Q WELD CATY RD 4 BRIOIITON,- CO -80601
NP 10/15/93 SA 10/31/94 2 3 10/26/93 GB 45.00 45 20 0061N,1322E NWNE 31 1 N 66 W S
137418 .1 62 SAKATA ROBERT RT 1 BRIGHTON, CO 00601 _ _ _
2 1 485.00 38 19 SENE 31 1 N 66 W S
13742R 1 62 SAKATA ROBERT RT 1 BRIGHTON. CO 806.01""-
2 1 935.00 43 20 SENE 31 1 N 66 W S
18157 1 62 RITCHIE ROS. AUCTIONERS INC P.O. BOX 144 BRIGHTON, CO 80601
2 89 11/08/63 20.00 42 16 1680N,1280E SENE 31 1 N 66 W S
-1 62 CHAMBERS RICHARD A. BRIGHTON, -CO 80601 - --- ------ - _ ___ ___ ____ _.-- -
AP 05/08/87 AU 06/01/87 2 B G14
100012 _1" -62 -WOODMAN FRED- 12661 WELD COUNT?" -RD 2.5 - BRIGHTON, "CO 80603 --LOT- -17--916-1864_OiAMBERS _ADDITION
07/14/76 EP 08/08/80 2 H
9r 2634 1 62 CHAMBERS S J RT 1 BRIGHTON, CO 80601
2 8 12/26/58
44 5295 1 62 KLUG M C RR 1 BRIGHTON. CO 80601
2 8 03/11/60
15.00 34 18
4.00 60 16
SWNE 31 1 N 66 W S
2300N,1340E SWNE 31 1 N 66 W S
SWNE 31 1 N 66 W S
SWNE 31 1 N 66 W S
NP 08/31/67 2 8 08/30/67
32214 1 62 BAUMGARTNER HAROLD F PC BOX 144 BRIGHTON. CO 80401
2 9 1C/C1%67
32215 1 62 BAUMGARTNER HAROLD F PO BOX 144 BRIGHTON. CO 80401
2 9 09/3067
GW 15.00
38
20
SMNE 31 1 N 66 W S
20.00 31 4 1530N,2620E SWNE 31 1 N 6t W S
20.00 32 4 1600N,2060E SWNE 31 1 N 66 W S
972799
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972 799
EXHIBIT H
Wildlife Information
The area within the proposed permit boundary consists mainly of non -irrigated pasture land and
is currently overgrazed. There are numerous prairie dog holes, many of which are abandoned.
This area provides limited wildlife resources for forage or cover. This site is approximately one-
half mile to the west of the South Platte River.
Seasonal use of the South Platte River corridor may vary by species. Migrating waterfowl may
use the area for resting and overnight stops from September through December. Bald eagles may
use this area and areas to the east along the river for hunting and resting from mid January to mid
April after waterfowl season. Various reptiles, amphibians, shorebirds, hawks, owls, small
mammals and deer may use the river corridor on a year-round basis for nesting, cover and food.
As stated above, Bald Eagles may use this area during the winter. The permit area does not
contain any known roosting trees or nest sites for eagles. There are no other known threatened or
endangered species from either the federal or state lists using this area.
During mining activities, the additional human activities may disturb some of the animal
residents of the area. As the mining is proposed to be confined to specific areas to limit the total
disturbed acreage at any one time, this will help limit the disturbance to the wildlife of the area.
Following the reclamation of the area, there will be additional water surface in the area. Species
impacted by the mining are expected to return to the area following reclamation efforts, with a
possible increase in numbers and species due to the change in potential habitat.
H-1
972799
EXHIBIT I
Soils Information
The following information was obtained from the Soil Survey of Weld County, Colorado. This
information was developed by the United States Department of Agriculture, Soil Conservation
Service in cooperation with the Colorado Agricultural Experiment Station.
The soil types impacted by the mining operation include the following:
• 1 — Altvan loam. 0 to 1 percent slopes
• 2 — Altvan loam, 1 to 3 percent slopes
• 3 — Aquolls and Aquents, gravelly substratum
• 10 — Bankard sandy loam, 0 to 3 percent slopes
I-1
972799
WELD COUNTY, COLORADO, SOUTHERN PART 7
brief description of the soil profile. In each description,
the principal hazards and limitations are indicated, and
the management concerns and practices needed are
discussed.
The map units on the detailed soil maps represent an
area on the landscape made up mostly of the soil or soils
for which the unit is named. Most of the delineations
shown on the detailed soil map are phases of soil series.
Soils that have a profile that is almost alike make up a
soil series. Except for allowable differences in texture of
the surface layer or of the underlying substratum, all the
soils of a series have major horizons that are similar in
composition, thickness, and arrangement in the profile. A
soil series commonly is named for a town or geographic
feature near the place where a soil of that series was
first observed and mapped. Olney and Nunn, for example,
are names of two soil series.
Soils of one series can differ in texture of the surface
layer or in the underlying substratum and in slope, ero-
sion, stoniness, salinity, wetness, or other characteristics
that affect their use. On the basis of such differences, a
soil series is divided into phases. The name of a soil phase
commonly indicates a feature that affects use or manage-
ment. For example, Olney fine sandy loam, 1 to 3 percent
slopes, is one of several phases within the Olney series.
Some map units are made up of two or more dominant
kinds of soil. Such map units are called soil complexes and
undifferentiated groups.
A soil complex consists of areas of two or more soils
that are so intricately mixed or so small in size that they
cannot be shown separately on the soil map. Each area in-
cludes some of each of the two or more dominant soils,
and the pattern and proportion are somewhat similar in
all areas. Midway -Shingle complex, 5 to 20 percent slopes,
is an example.
An undifferentiated group is made up of two or more
soils that could be mapped individually but are mapped as
one unit because there is little value in separating them.
The pattern and proportion of the soils are not uniform.
An area shown on the map has at least one of the domi-
nant (named) soils or may have all of them. Loup-Boel
loamy sands, 0 to 3 percent slopes, is an undifferentiated
group in this survey area.
Most map units include small, scattered areas of soils
other than those that appear in the name of the map unit.
Some of these soils have properties that differ substan-
tially from those of the dominant soil or soils and thus
could significantly affect use and management of the map
unit. These soils are described in the description of each
map unit. Some of the more unusual or strongly contrast-
ing soils that are included are identified by a special sym-
bol on the soil map.
Most mapped areas include places that have little or no
soil material and support little or no vegetation. Such
places are called miscellaneous areas; they are delineated
on the soil map and given descriptive names. Rock out-
crop is an example. Some of these areas are too small to
be delineated and are identified by a special symbol on
the soil map.
The acreage and proportionate extent of each map unit
are given in table 4, and additional information on proper-
ties, limitations, capabilities, and potentials for many soil
uses is given for each kind of soil in other tables in this
survey. (See "Summary of tables.") Many of the terms
used in describing soils are defined in the Glossary.
Soil descriptions
jLAltvan loam, 0 to 1 percent slopes. This is a deep,
well drained soil on terraces at elevations of 4,500 to 4,900
feet. It formed in old alluvium deposited by the major
rivers. Included in mapping are small areas of soils that
show evidence of poor drainage. Also included are small,
long and narrow areas of sand and gravel deposits.
Typically the surface layer of the Altvan soil is grayish
brown loam about 10 inches thick. The subsoil is brown
and light yellowish brown clay loam and sandy clay loam
about 15 inches thick. The substratum is calcareous loamy
sand about 6 inches thick over gravelly sand.
Permeability and available water capacity are
moderate. The effective rooting depth is 20 to 40 inches.
Surface runoff is slow, and the erosion hazard is low.
This soil is used almost entirely for irrigated crops. It
is suited to all crops commonly grown in the area, includ-
ing corn, sugar beets, beans, alfalfa, small grain, potatoes,
and onions. An example of a suitable cropping system is 3
to 4 years of alfalfa followed by corn, corn for silage,
sugar beets, small grain, or beans. The high clay content
and the rapidly permeable substratum slightly restrict
some crops.
All methods of irrigation are suitable, but furrow ir-
rigation is the most common (fig. 4). Proper irrigation
water management is essential. Barnyard manure and
commercial fertilizer are needed for top yields.
Windbreaks and environmental plantings of trees and
shrubs commonly grown in the area are generally well
suited to this soil. Cultivation to control competing
vegetation should be continued for as many years as
possible following planting. Trees that are best suited and
have good survival are Rocky Mountain juniper, eastern
redcedar, ponderosa pine, Siberian elm, Russian -olive, and
hackberry. The shrubs best suited are skunkbush sumac,
lilac, Siberian peashrub, and American plum.
This soil can produce habitat elements that are highly
suitable for openland wildlife, including pheasant, cotton-
tail, and mourning dove. Such crops as wheat, corn, and
alfalfa provide suitable habitat for openland wildlife,
especially pheasant. Tree and shrub plantings and
undisturbed nesting cover would enhance openland wil-
dlife populations.
This Altvan soil has fair to good potential for urban
and recreational development. The chief limiting soil fea-
tures for urban development are the shrink -swell poten-
tial of the subsoil as it wets and dries and the rapid
permeability of the sand and gravel substratum. Septic
tank absorption fields function properly, but in places the
substratum does not contain enough fines to properly
972799
8 SOIL SURVEY
filter the leachate. Sewage lagoons require sealing.
Lawns, shrubs, and trees grow well. Capability subclass
II irrigated.
(2}Altvan loam, 1 to 3 percent slopes. This is a deep,
weeeI drained soil on terraces at elevations of 4,500 to 4,900
feet. It formed in old alluvium deposited by the major
rivers. Included in mapping are small areas of soils that
show evidence of poor drainage. Also included are small,
long and narrow areas of sand and gravel deposits.
Typically the surface layer of this Altvan soil is grayish
brown loam about 10 inches thick. The subsoil is brown
and light yellowish brown clay loam and sandy clay loam
about 14 inches thick. The substratum is calcareous loamy
sand about 5 inches thick over gravelly sand.
Permeability and available water capacity are
moderate. The effective rooting depth is 20 to 40 inches.
Surface runoff is medium, and the erosion hazard is low.
This soil is used almost entirely for irrigated crops. It
is suited to all crops commonly grown in the area, includ-
ing corn, sugar beets, beans, alfalfa, small grain, potatoes,
and onions. An example of a suitable cropping system is 3
to 4 years of alfalfa followed by corn, corn for silage,
sugar beets, small grain, or beans. Land leveling, ditch
lining, and installing pipelines may be needed for proper
water application.
All methods of irrigation are suitable, but furrow ir-
rigation is the most common. Barnyard manure and com-
mercial fertilizer are needed for top yields.
Windbreaks and environmental plantins of trees and
shrubs commonly grown in the area are generally well
suited to this soil. Cultivation to control competing
vegetation should be continued for as many years as
possible following planting. Trees that are best suited and
have good survival are Rocky Mountain juniper, eastern
redcedar, ponderosa pine, Siberian elm, Russian -olive, and
hackberry. The shrubs best suited are skunkbush sumac,
lilac, Siberian peashrub, and American plum.
This soil can produce habitat elements that are highly
suitable for openland wildlife including pheasant, cotton-
tail, and mourning dove. Such crops as wheat, corn, and
alfalfa provide suitable habitat for openland wildlife,
especially pheasant. Tree and shrub plantings and
undisturbed nesting cover would enhance openland wil-
dlife populations.
This Altvan soil has fair to good potential for urban
and recreational development. The chief limiting soil fea-
tures for urban development are the shrink -swell poten-
tial of the subsoil as it wets and dries and the rapid
permeability of the sand and gravel substratum. Septic
tank absorption fields function properly, but in places the
substratum does not contain enough fines to properly
filter the leachate. Sewage lagoons require sealing.
Lawns, shrubs, and trees grow well. Capability subclass
Ile irrigated.
7-Aquolls and Aquents, gravelly substratum. This
nearly level map unit is on bottom lands and flood plains
of all the major streams in the survey area. Aquolls,
which have a dark colored surface layer, make up about
60 percent of the unit. Aquents, which have a lighter
colored surface layer, make up about 35 percent. About 5
percent is Aquepts and Bankard sandy loam.
These are deep, poorly drained soils that formed in
recent alluvium. No one pedon is typical. Commonly the
soils have a mottled, mildly alkaline to moderately al-
kaline loamy or clayey surface layer and underlying
material and are underlain by sand or sand and gravel
within 48 inches. In places they have a gleyed layer in the
underlying material.
Most of the acreage is subject to flooding. The water
table is at or near the surface early in spring and recedes
to as deep as 48 inches late in fall in some years.
These soils are used for rangeland and wildlife habitat.
Some small areas have been reclaimed by major drainage
and leveling and are used for irrigated crops.
The potential native vegetation is dominated by alkali
sacaton, switchgrass, and western wheatgrass. Saltgrass,
sedge, rush, and alkali bluegrass are also prominent.
Potential production ranges from 3,000 pounds per acre in
favorable years to 2,000 pounds in unfavorable years. As
range condition deteriorates, the switchgrass, alkali
sacaton, and western wheatgrass decrease and saltgrass,
sedge, and rush increase.
Management of vegetation should be based on taking
half and leaving half of the total annual production. Seed-
ing is difficult and costly because numerous tillage prac-
tices are required to eliminate the saltgrass sod.
Switchgrass, western wheatgrass, alkali sacaton, tall
wheatgrass, and tall fescue are suitable for seeding. They
can be seeded into a clean, firm seedbed. Seedbed
preparation usually requires more than 1 year to
eliminate the saltgrass sod. A grass drill should be used.
Seeding early in spring has proven most successful.
Wetland wildlife, especially waterfowl, utilize this unit.
The wetland plants provide nesting and protective cover,
as well as some food. The nearby irrigated cropland,
where wildlife obtain much of their food and fmd protec-
tive cover, makes this unit valuable to both wetland and
openland wildlife.
Openland wildlife, especially pheasant, use this unit for
cover and nesting. Deer find excellent cover in some
areas.
These valuable wildlife areas should be protected from
fire and fenced to prevent encroachment and overuse by
livestock. They should not be drained.
These soils have good potential as a source of sand and
gravel. Capability subclass VIw; Salt Meadow range site.
4—Aquolls and Aquepts, flooded. This nearly lever
map unit is in depressions in smooth plains and along the
bottoms of natural drainageways throughout the survey
area. Aquolls, which have a dark colored surface layer
make up about 55 percent of the unit. Aquepts, whicf
have a lighter colored surface layer, make up about 2E
percent. About 20 percent is soils that are well drainec
and soils that have sandstone or shale within 48 inches o
the surface.
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972799
12 SOIL SURVEY
This soil has good potential for urban and recreational
development. Increased population growth in the survey
area has resulted in increased homesite construction. The
chief limiting soil features for urban development are the
shrink -swell potential of the subsoil as it wets and dries
and the limited ability of this soil to support a load. Septic
tank absorption fields function properly, but community
sewage systems should be provided if the population den-
sity increases. Because of the moderately rapid permea-
bility of the substratum, sewage lagoons must be sealed.
Lawns, shrubs, and trees grow well. Capability subclass
II rrigated.
Bankard sandy loam, 0 to 3 percent slopes. This
is a deep, somewhat excessively drained soil on flood
plains at elevations of 4,450 to 5,000 feet. It formed in
stratified recent alluvium along streams and rivers. In-
cluded in mapping are numerous sand and gravel bars
and small areas of noncalcareous soils.
Typically the surface layer of this Bankard soil is
brown sandy loam about 4 inches thick. The underlying
material to a depth of 60 inches is pale brown calcareous
sand stratified with thin lenses of sandy loam, loam, and
fine gravel.
Permeability is moderately rapid. Available water
capacity is low. The effective rooting depth is 60 inches or
more. Surface runoff is slow, and the erosion hazard is
low.
This soil is suited to limited cropping. It is sandy and
subject to flooding. Pasture is the best use. Tall wheat -
grass, tall fescue, and annual sw•eetclover are some of the
most suitable crops. Light, frequent irrigation by furrows
and flooding is best. Commercial fertilizer improves the
amount and value of forage produced.
The potential native vegetation is dominated by
switchgrass, indiangrass, sand bluestem, sand reedgrass,
aideoats grama, needleandthread, and blue grama. Much
of this range site includes other soils and vegetation in
such a complex pattern that it is difficult to map them
separately. Potential production ranges from 2,600 pounds
per acre in favorable years to 1,600 pounds in unfavorable
years. As range condition deteriorates, the tall and mid
grasses decrease; blue grams, sand dropseed, and forbs
increase; and forage production drops. Undesirable weeds
and annuals invade the site as range condition becomes
poorer.
Management of vegetation should be based on taking
half and leaving half of the total annual production. Seed-
ing is desirable only in areas large enough to interseed or
to prepare a seedbed. Switchgrass, sand bluestem, sand
reedgrass, sideoats grama, little bluestem, blue grams, pu-
bescent wheatgrass, and intermediate wheatgrass are
suitable for seeding. This soil can be seeded by using an
interseeder or a firm, clean sorghum stubble. A grass drill
is required. Seeding early in spring has proven most suc-
cessful.
This soil is generally not suited to the establishment
and growth of trees and shrubs. Onsite investigation is
needed to determine feasibility and possible tree and
shrub species.
Wildlife is an important secondary use of this soil. The
cropland areas provide favorable habitat for ring-necked
pheasant and mourning dove. Many nongame species can
be attracted by establishing areas for nesting and escape
cover. For pheasants, undisturbed nesting cover is essen-
tial and should be included in plans for habitat develop-
ment, especially in areas of intensive agriculture. Range-
land wildlife, for example, deer and antelope, can be at-
tracted by managing livestock grazing and reseeding
where needed.
This soil is not suited to urban or recreational develop-
ment because of the flood hazard. Capability subclass
IVw irrigated, VIw nonirrigated; Sandy Bottom land
range site.
11—Bresser sandy loam, 0 to 1 percent slopes. This is
a deep, well drained soil on terraces at elevations of 4,700
to 4,800 feet. It formed in alluvium deposited by the
South Platte River. Included in mapping are small areas
of soils that have sand and gravelly sand in the lower
part of the substratum.
Typically the surface layer is grayish brown sandy loam
about 11 inches thick. The subsoil is brown and yellowish
brown sandy clay loam about 19 inches thick. The sub-
stratum to a depth of 60 inches is loamy sand.
Permeability and available water capacity are
moderate. The effective rooting depth is 60 inches or
more. Surface runoff is slow, and the erosion hazard is
low.
This soil is used almost entirely for irrigated crops. It
is suited to all crops commonly grown in the area includ-
ing corn, sugar beets, beans, alfalfa, small grain, potatoes,
and onions. An example of a suitable cropping system is 3
to 4 years of alfalfa followed by corn, earn for silage,
sugar beets, small grain, or beans. Few conservation prac-
tices are needed to maintain top yields.
All methods of irrigation are suitable, but furrow ir-
rigation is the most common. Barnyard manure and com-
mercial fertilizer are needed for top yields.
Windbreaks and environmental plantings are generally
suited to this soiL Soil blowing, the principal hazard in
establishing trees and shrubs, can be controlled by cul-
tivating only in the tree row and by leaving a strip of
vegetation between the rows. Supplemental irrigation
may be needed at the time of planting and during dry
periods. Trees that are best suited and have good survival
are Rocky Mountain juniper, eastern redcedar, ponderosa
pine, Siberian elm, Russian -olive, and hackberry. The
shrubs best suited are skunkbush sumac, lilac, and Siberi-
an peashrub.
Wildlife is an important secondary use of this soil.
Ring-necked pheasant, mourning dove, and many non -
game species can be attracted by establishing areas for
nesting and escape cover. For pheasants, undisturbed
nesting cover is essential and should be included in plans
for habitat development, especially in areas of intensive
agriculture.
This soil has good potential for urban and recreational
development. Lawns, shrubs, and trees grow well. The
372799
EXHIBIT J
Vegetation Information
As stated in Exhibit H, this area has been severely grazed and a large prairie dog town covers
most of the site. In the southern portion of the site, little native vegetation exists, and weeds such
as whitetop and tansy mustard sparsely cover the site. Hay bale remnants are strewn throughout
the area. In the northern portion of the site there is more grassy vegetation consisting of
cheatgrass, sand dropseed, saltgrass and other grasses. Scattered peachleaf willows and
cottonwoods occur along the east boundary.
Notes on Exhibit C - Pre -Mining and Mining Plan Map, indicate the relationship of the types of
vegetation to the existing topography. Notes on the soils map for Exhibit I - Soils Information,
indicate the relationship of the present vegetation to the soil types.
J-1
3'7?799
EXHIBIT K
Climate Information
The following provides information on the significant climatological factors for the locality.
K-1
7:'799
i
CLIMATOLOGY REPORT NO. 77-1
J
L
rD
re
2•0
All
4.:
a7
a:
021_4.
0006.
LEVEL JAM FL, M44 104
+5 6 46 6 60 : d :I5
342E fI- tj'
40 j1 {6 .4] .45
`♦ 3 l .56 .70
//6i 6 •5 .10 .Oe
p0 50 SS .'66 .170
S 1 . I •I 1.I1 .61
.62
A 4NA 1 17 2 56 1.66 1.74 2jj1 11
OS e5 0,00 0.65 0.00
own 44.4.4 01(44160410s PITTE6 TO 0174
410.44. {5.]`1 6404.(.1.4. 1C i4. •4.E 44444 ETC.
MEDIAN O0 ls7.5 IO�I�.' 7100 •-EE10114.1.41OTIL 4.0. Or MpViw5
CCIo T47 �p51S 446 hJIC41LY 4T TAE .50 0Rne4U1LITl 1(0(1
FORT LIPTON
05 3:27
COLORADO CLIMATOLOGY DFF:CE
COLORADO STATE UNIVERSITY
FT. COLLINS, CO. 90523
TE1RERAT'.;RE I FJ
PRECIPITATION I1'JCHtS)
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1954
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972799
PCRI LUITCN SS 3027 4
10TAL PRECIPITATION IIICHES1
TEAR JAI FES RAP APR RI7 JUN JUL AUG SEP OCT AOR OEC ANNUAL
1951 .56 .50 .52 1.20 .97 1.11 2.20 3.00 .63 1.69 .27 .61 21.29 '
2!'-L •/0 .760 .I7 1.66 2.25 T .10 1.17 .22 .32 1.11 .11 I.22'
7157 .17 .29 .II 1.02 1.93 .15 1.69 1.25 .13 .12 .70 .37 2.98
t9!1 .J9 .55 .a1 .40 .!1 .JS 2.14 1.00 .17 .55 .J1 .26 7.74 k
1955 .16 .St .45 .09 1.11 1.27 1.43 2.66 3.17 .16 .J0 .20 31.10
1951 .39 .11 .60 .92 .72 .31 1.29 3.11 T .39 .6e
1951 1.45 .75 2.27 .77 1.11 .20 T
1151 .40 .26 1.36 1.52 4.15 1.30 2.13 .12 1.t1 .7e .25 .75 18.70
1151 .79 1./4 2.53 1.22
2.35 .41 .it .t9 2.13 2.21 .13 .01 13.76
1420 .!2 1.10 .SS 1.42 1.20 .1e .13 .SS .36 1.61 .52 1.61 17. J9
19(1 .SS .29 3.17 .52 ♦.16 1.13 .7a 1.54 3.11 JS .SS .21 17. 1i
19(2 2.22 .57 .12 .6t 3.11 I.21 1.17 .11 .11 .01 .37 .l0 7.08
392! .44 .25 1.06 .07 .25 1.55 .IS 2.51 1.12 ./S .20 .26 1.79
29(2 .17 .27 .St .72 1.14 1.25 J4 .32 .10 ./1 .11 .22 7.28
19(5 .32 .t1 .32 .17 2.65 4.11 ). 11 .29 2.58 .14 .10 .21 15.21
111E .5S .46 .11 1.31 .73 1.43 .35 .37 2.17 .64 .22 .21 8.41
1967 .49 .L1 .36 1.29 4.12 1.\J !.15 .16 .3l .60 .SS .SS 19.02
l5l! .l6 .53 .82 1.33 1.65 1.11 .20 1.7-4 .IS .43 .77 .!3 9.2S
1969 .25 .i/ .7J 1.la 7.71 t. t1 .66 1.21 1.75 3. t1 .52 .I5 15.70
1170 .17 1 L4S .Sa .15 7.99 4.51 1.11 2.35 .14 .t9 .24 13.1q
TOTAL SN0N7ALL IINCNESI
SSASCI JUL AUG SEP OCT 1.00JU
CT DEC JAN FES PAR APR NAT N SEASON
56-SI 12.1 4.4 3.4 4.3 .8 .1
51-S2 ./ .1 .1 .8 1.5 .4 .8 S .0
S2-53 .1 .8 .1 .1 4.5 7.5 6.5 1.5 1.1 .1 .1
I1 -S2 .6 .I ./ .1 ./
14 -SS .6 .1 .8 .8 6.1 .6 .1 .1
S3 -S4 .1 .8 .8 .0 .8 .1 .1
$6 -S7 .8 .6 ./ .1 14.2 .1
17 -St .6 .8 .4 2.1 T 1 2.1 2.1 .1 .1
11 -SS .8 .5 .1 1 4.0 0.1 .8 .1
11-1/ .0 .4 .8 4.0 1 2.4 6.1 13.8 .6 .1
4/-!f .1 ./ .0 .5 4.5 T .1
tf-it .8 .1 .1 6.1 9.3 2.3 .8 .1
52-E3 .8 ./ .8 .8 1.6 1./ 4.4 1 .1 .8
13_64 .9 .1 .1 .1 .1 .1
18 -ES .1 .1 .1 .8 8.1 .1 .0 .6
5S-14 .8 .1 1 ./ ./ 1.1 7 .6
51-E7 .8 .8 .4 1 2.1 ./ T .5
47-12 .1 .6 .1 ./ .3 1.8 .1 .1
11 -ES .5 .8 .8 .4 1.8 2.6 8.0- .1 .1 .8
49-11 .1 .4 .6 .3 .5 T .8 .6
(
I
i.
I.
i•.
1� 1�Q
9/2/99
smut LUITCM 4! 3227
RA31MJN TC$RERAIURE 111
Jai FEB MAR APR 41T JUN JUL AUG SER OCT 600 0EC ANNUAL
1921 40.2 47.1 51.1 60.4 71.5m 97.9 66.5$ 13.3$ 65.1 32.1$ 42,0$
1952 41.19 49.64 44.4$ 74.3$ 92.2$ ^J.0 11.24 16.1$ 77.14 46.0$ 43.0$
/?53 54.04 50.2$ 60.44 59.2 71.4$ 49.49 92.1 N.6$ l0. 14 72.74 '.L On 44,/4 (9.5.
1954 49.2 62.1 41.6$ 14.5 14.9" 90.1$ 96.4 92.004 14.5' 19.1 59.4 49.0 71.0•
1925 37.29 40.14 54.6 10.49 75.95 N.6' 9S.2 49.6 11.4$ 71.1$ 41.1$ 46.94 66.1•
1921 47.44 40.4 47.1 65.14 7S.I% 14.1 91.19 46.7 46.1 72.1 49.9
19`.7 43.1 49.7 66.5 16.9 64.0 49.5 93.7
1956 45.2 50.6 44.6 60.1 77.1 44.3 65.0 44.2 10.9 70.0k 46.4 43.5 46.6•
1555 40.1 39.4 51.0 61.24 71.1 46.7 49.4 43.04 76.5 62.4 33.9 49.9 64.1•
1910 39.4 31.4 52.6 61.7 73.5 44.9 69.7 14.1 41.0 47.4 34.3 36.1 64.5
19(1 44.1 30.6 52.1 62.7 12.1 42.2 61.0 14.4 10.9 67.3 47.4 39.1 41.4
19(2 24.1 ♦3.2 49.5 61.1 77.0 12.6 40.♦ 11.1 41.1 12.2 57.7 4+.4 66.4
1917 34.2 53.0 52.3 61.1 71.7 66.5 93.5 41.6 43.2 75.1 57.1 44.4 67.4
19(4 47.1 43.1 49.6 63.0 10.74 63.2$ 95.1 41.1 40.5 12.0 53.1 45.! 66.5•
1915 41.1 41.6 43.2 66.6 13.4 74.9 ►7.7 65.3 61.4 12.7 39.4 41.1 64.6
1111 41.4 41.9 39.9 60.1 76.9 42.2 12.6 45.6 17.4 66.4 90.1 34.5 44.6
1961 43.9 49.5 59.1 44.1 65.7 13.2 44.2 64.4 71.4 64.3 42.1 33.3 43.1
19(5 61.1 43.9 31.1 37.1 49.4 64.6 47.7 44.1 79.7 $1.2 67.1 41.1 53.3
1919 44.5 66.4 45.1 66.9 17.1 14.1 49.1 90.1 41.4 33.4 31.2 43.2 63.1
1970 44.4$ 53.9 43.2 3►.2 76.4% 60.3 47.9 46.1 16.1 59.6 32.7 43.4 43.4•
1
i
1
91$T4UM TC%RERATURE IFS
TIJI 764 TES MAR APR MT JUN JUL AUG Sir OCT 400 DEC LNI4UIL
1951 9.5 15.7 11.6 29.7 44.3$ 53.5 97.14 43.6 12.1 70.1$ 12.4$
1157 13.2M 14.6% 32.24 41.1$ 51.04 44.1$ 54.24 45.7$ 14.7$ 17.5$ 17.5$
14:1 21.4% 14.4% 27.14 36.5 39.49 52.59 59.4 94.6$ 45.24 36.1% 11.64 11.4% 31.1•
1924 19.4 14.6 20.74 31.3 41.1$ 51.14 60.7 45.7$ 47.44 33.4 23.7 17.2 36.1•
1126 4.14 12.64 73.4 32.14 43.4$ 47.54 56.1$ 46.♦ ♦4.64 33.3% 17.9$ 17.3$ 33.9'
152( 17.14 9.9 72.4 35.1$ 43.44 51.1 56.24 31.4 40.3 31.9 21.4
1921 51.6 41.4$ 57.4 44.1 39.5 24.7 22.7
7751 151.9 27.6 22.1$ 32.5 41.1 41.4 44.4 51.2 46.2 15.34 21.1 21.7 36.4•
1455 15.2 16.1 23.1 42.4 94.3 55.4 45.4% 45.1 12.6 21.5 16.9
1+t, 17.1 14.9 24.4 35.1 42.1 93.4 34.1 46.2 46.6 34.1 72.1 12.51 34.9
1911 14.2 21.4 76.1 32.4 44.7 41.6 56.1 47.9 43.1 33.9 12.7 13.3 34.9
3112 .2 14.1 21.1 14.7 49.3 44.4 52.5 99.1 67.9 11.1 24.2 14.1 31.4
1913 .3 27.9 21.9 32.6 62.4 96.5 15.7 94.9 44.4 31.4 21.4 9.6 33.4
19(4 13.7 12.1 (9.0 14.6 41.4 49.6 55.4 51.1 41.6 31.9 72.7 15.4 31.4
19(6 14.6 16.6 13.6 34.1 .61.1 41.2 51.0 91.6 40.3 34.3 74.1 13.6 32.1
19(1 6.1 9.3 21.9 24.4 41.7 41.4 57.1 51.2 44.5 21.4 24.2 16.9 34.6
14(1 13.9 16.6 14.4 31.! 31.6 46.1 55.1 49.4 42.9 33.1 19.5 7.5 31.9
1916 11.4 IA.3 23.2 27.2 31.2 30.4 55.5 52.0 31.6 32.5 19.5 11.2 31.4
III! 14.6 16.9 16.1 34.4 42.4 46.6 57.0 S'..4 46.4 21.5 22.7 25.6 33.5
2475 11.14 17.5 19.4 21.4 40.64 49.1 94.1 55.1 41.3 71.1 27.7 11.2 11.1'
fell 10ITCN OS 3027 4 ir-
AVERAGE TEMPERATURE 121
TEAR JAl 1E1 MAR APR MAT JUN JUL AUG SEP OCT NOV DEC £NMVAL f
1951 24.9 31.4 35.4 65.1 60.91 12.2 69.91 .11.74 41.4 35.%4 27.24
19.2 31.74 14.11 46.31 55.14 72.64 11.61 72.11 66.31 54.04 31.44 30.54
1953 31.74 34.54 44.3M 44.6 55.21 71.04 75.1 11.71 16.14 54.11 42.04 31.44 52.6•
19`4 36.5 44.1 35.11 55.4 71.94 70.64 79.0 73.94 15.69 51.6 41.1 31.1 53.6•
I
1155 21.64 26.34 34.4 51.14 55.74 64.64 76.14 13.1 63. 7N 52.41 33.44 32.21 49.6•
1156 12.74 25.2 39.6 47.64 21.14 73.1 73.61 63.2 63.2 52.0 35.4
1157 - 67.3 74.14 17.0 60.5 51.6 31.1 36.0 [.
1954 34.1 31.6 33.14 41.3 42.1 19.1 71.1 72.5 64.6 53.31 40.1 32.4 11.1•
1151 21.7 27.3 31.5 57.1 71.5 17.4 72.31 60.0 47.6 31.7 34.4
1960 25.6 25.5 36.2 Sl.7 51.1 65.2 73.5 72.7 63.6 51.1 36.6 25.4 49.5
1961 29.2 35.6 36.7 41.2 51.4 66.6 71.6 71.4 67.1 50.6 35.3 26.2 49.7
1912 15.1 31.7 15.1 50.9 59.2 65.5 71.7 76.7 62.0 53.1 41.1 72.0 46.9
1963 17.3 37.5 366.7 50.0 60.6 64.5 74.i 69.4 65.6 51.3 39.6 26.0 50.3
1964 36.4 27.6 34.3 46.1 55.011 46.11 75.3 46.6 41.1 51.5 36.1 30.0 49.2•
1125 12.1 26.1 24.4 50.7 57.2 44.5 11.4 64.4 55.1 53.5 42.1 30.5 40.4
3166 25.5 25.4 46.9 44.5 50.4 64.4 74.9 67.5 11.2 41.4 35.E 25.2 47.6
1917 20.4 33.1 42.0 46.3 52.2 69.4 70.1 61.1 60.0 51.7 35.6 21.3 41.5
13(1 26.4 37.2 44.2 47.4 14.1 67.4 71.6 •4.1 56.4 40.9 33.5 26.1 47.6
1911 10.7 32.1 31.6 50.7 57.9 61.7 13.4 72.9 63.1 36.1 36.4 29.4 44.3
1174 21.64 35.7 32.1 42.4 56.34 64.7 71.6 32.4 46.0 44.6 34.2 26.2 47.9•
1
)orarr Table
tenthly llcrvry is for the period 1951-1970. however consult the
particular parameter table for precise member of months la 'tannerybecame of missing data.
Wean member of precipitation days with .10 inches or gory I9
6mmearlted for tae period 1953-1970.
Sr.tols and letters Indicate the rollowlnt
E Amount 1s partially estimated.
D Water equivalent of snowfall wholly or partly estimated.
R lrss than 10 days of record missing if overage entered.
otherwise 10 Or MOM days missing.
• One or are of the above codes encountered la tsWtlmo
the anneal moan or total.
T Trace, on giant 6.o small to measure.
• Multiple occurrence.
J72799
EXHIBIT L
Reclamation Cost Estimate
In order to calculate maximum potential reclamation liability to the State, we have selected a
point in time where the mining disturbance could be at its maximum. This point occurs during
the mining of the southern end of Phase 1. Here the dewatering ditch will be at its maximum
length along with roads to the processing area. There will be shoreline under reclamation at the
north end. Please refer to page D-2 for a listing of disturbed areas which total 40 acres. This
estimate will follow the same order as the listing on page D-2.
A. Stripped overburden and topsoil
1. Replace the silty, clayey sand, 12" 500 haul, over 3 ac
2. Replace topsoil, 6" 500 ft haul, over 3 ac
3. Seed and mulch
B. Active mining area
I. Will fill in with water
C Topsoil and overburden stockpiles
1. See Item H below for these costs
D. Dewatering trench
1. Dozer soil into trench, 100' push
2. Replace topsoil, 6" 500 ft haul, over 1 ac
3. Seed and mulch
E. Roads
1. To remain
F. Aggregate processing plant Note: Equipment is portable
and would be removed by the operator
1. Move the surge pile into settling pond
2. Wash plant, remove concrete pad, 20' X 20' X 1'
3. Asphalt plant, remove concrete pad, 80' X 20' X 1'
4. Concrete plant, remove concrete pad, 50' X 20' X 1'
5. Shop, demo and remove, 2000 sf X 20'
6. Office, remove concrete footings
7. Scale, remove concrete base
8. Scarify ground
9. Spread topsoil, 6"
10. Seed and mulch
L-1
Qty
Units
Unit Cost
Cost
4,850
CY
$1.25
$6,063
2,425
CY
$1.25
$3,031
3
AC
$800
$2,400
Qty
Units
Unit Cost
Cost
20,200
CY
$.55
$11,110
813
CY
$1.25
$1,016
1
CY
$800
$800
Qty
Units
Unit Cost
Cost
1,000
CY
$ 1.25
$1,250
15
CY
$65
$975
60
CY
$65
$3,900
37
CY
$65
$2,405
40,000
CF
$.05
$2,000
8
CY
$65
$520
10
CY
$65
$650
19
AC
$150
$2,850
15,325
CY
$1.25
$19,156
19
AC
$ 800
$15,200
372799
G. Settling pond
1. Place overburden, 12" on 4 ac
2. Place topsoil, 6" over 4 ac
3. Seed and mulch
H. Lakeshore final graded with topsoil
1. Place topsoil above water level, 6" over 2 ac
2. Seed and mulch
I Lakeshore seeded
1. Seed and mulch
Disturbance Costs
Contractor Mob/Demob (8%)
Overhead (18.5%)
Administrative (5%)
Total Proposed Financial Warranty
Disturbed Acreage
Financial Warranty per Acre
L-2
Qty
Units
Unit Cost
Cost
6,460
CY
$1.25
$8,075
3,230
CY
$1.25
$4,038
4
AC
$800
$3,200
Qty
Units
Unit Cost
Cost
1,615
CY
$1.25
$2,018
2
AC
$800
$1,600
Qty
Units
Unit Cost
Cost
2
AC
$800
$1.600
$ 93,857
$ 7,509
$ 17,364
$ 4,693
$ 123,423
40
$ 3,086
372799
EXHIBIT M
Other Permits And Licenses
The following is a list of other permits and licenses required for this mining operation.
Weld County Use by Special Review
Colorado Dept. Of Public Health and Environment Air Pollutant Emission Notice
(APEN)
Colorado Dept. of Public Health and Environment Process Water Discharge Permit and
Stormwater Management Plan
U.S. Army Corps of Engineers — Section 404 Permit
M-1
''71'799 '
EXHIBIT N
Source Of Legal Right To Enter
H.I.B.E. LLC and Bernice Larson are the existing property owners (see warranty deed). Also
enclosed is a partition agreement indicating that the final owner of Lot B will be H.I.B.E. LLC.
Please find enclosed two lease agreements between H.I.B.E. LLC and Hall -Irwin Construction
Company and Carl Eiberger/Peter and Cindy Baurer and Hall -Irwin, giving Hall -Irwin
Construction Company the right to enter the property for mining and reclamation purposes on
Lot B and Lot C respectively.
The Holder of recorded easements within the permit boundary is Public Service Company of
Colorado. Bataa Oil, Inc. recently placed two oil and gas wells on Lot C, however it is not clear
if any easements have been recorded.
N-1
EXHIBIT 0
Owner of Record of Affected Land (Surface Area) and Owner of Substance to be Mined
Owner of Record of Affected Land
H.I.B.E. LLC.
P.O. Box 487
Johnstown, CO 80534
Bernice L. Larson
(a.k.a. Bernice Larson)
764 Earle Ct.
Cheyenne, WY 82082
Owner of Substance to be Mined
H.I.B.E. LLC.
P.O. Box 487
Johnstown, CO 80534
Bernice L. Larson
(a.k.a. Bernice Larson)
764 Earle Ct.
Cheyenne, WY 82082
Carl Eiberger
754 County Road 23'/4
Brighton, CO 80601
Cynthia and Peter Baurer
754 County Road 23%
Brighton, CO 80601
Carl Eiberger
754 County Road 23%
Brighton, CO 80601
Cynthia and Peter Baurer
754 County Road 23%
Brighton, CO 80601
Affected Land/Subsurface to be Mined To Be Leased By
Hall -Irwin Construction Company
P.O. Box 516
Greeley, CO 80534
Holders of any Recorded Easements
Public Service Company of Colorado
c/o John Keller — ROW, Siting & Permits Department
550 15th Street
Denver, CO 80202-4256
Bataa Oil, Inc. (possibly)
2500 West 29th Street
Greeley, CO 80631
2/ 7 2 799
EXHIBIT P
Municipalities Within Two Miles
City of BriOton
22 South 4" Avenue
Brighton, CO 80601
P-1
x'72799
EXHIBIT Q
Proof of Mailing of Notices to County Commissioners and Soil Conservation District
P 412 271 136
Receipt for Certified Mail
�:.'3'.C:: --•x'3_2
•
L L t �i.;Lll tkC.-
L~'t�4 tr≤t io i L C116: -Z
S c�
ees
- (-1-4 l ;tom► 1
0-1
P 412 271 137
Receipt for Certified Mail
tic ^ce __:erage—rc-,he•;
.se r.^r -t'r•at:c^al Ma: See 'e: e.•se
•
,�r'st\Lr1C�<.i
=ce:ai:ei:;err Fee
r 1 a It '•4
1
,fispoinck
l 27
✓
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION
NOTICE TO THE BOARD OF COUNTY COMMISSIONERS
Weld COUNTY
Hall Irxin Construction (the "Applicant/Operator") has applied for a Regula
(112) reclamation permit from the Colorado Mined Land Reclamation Board (th•
'Boa d")) to conduct the extraction of construction materials operations in
�`ll County. The attached information is being deti
notify you of the location and nature of the proposed operation. pThelentir.
application is on file with the Division of Minerals and Geology (the "Division -
and the local county clerk or recorder.
The applicant/operator proposes to reclaim the affected land to
Private Lakefhatcr Storagdse. Pursuant to Section 34-32.5-116(4)(m), C.R.S., th,
Board may confer with the local Board of County Commissioners before approvin(
of the post -mining land use. Accordingly, the Board would appreciate you
comments on the proposed operation. Please note that, in order to preserve you
right to a hearing before the Board on this application, you must submit writte:
comments on the application within twenty (20) days of the date of las
publication of notice pursuant to Section 34-32-112(10), C.R.S.
If you would like to discuss the proposed post -mining land use, or any othe:
issue regarding this application, please contact the Division of Minerals ant
Geology, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567
$OTE TO APPLICANT/OPERATOR: You must attach a copy of the application form t,
this notice. If this is a notice of a change to a previously filed applicatio:
you must either attach a copy of the changes, or attach a complete and accurst.
description of the change.
06 26'97 1307F-112
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION
NOTICE TO THE BOARD OF SUPERVISORS
OF THE LOCAL SOIL CONSERVATION DISTRICT
Southeast Iie1dSC1DISTRICT
hall Irt,in Construction (the 'Applicant/Operator') has applied for a Regula
(112) reclamation permit from the Colorado Mined Land Reclamation Board (tt,
'Board') to conduct the extraction of construction materials operations in
held County. The attached information is being provided
notify you of the location and nature of the proposed operation. The entir
application is on file with the Division of Minerals and Geology (the 'Division -
and the local county clerk or recorder.
The applicant/operator proposes to reclaim the affected land to
P.Fivatc Lakc4hater Storaydse. Pursuant to Section 34-32.5-116(4)(m), C.R.S., th
'Board may confer with the local Soil Conservation Districts before approving o
the post -mining land use. Accordingly, the Board would appreciate your comment
on the proposed operation. Please note that, in order to preserve your right t
a hearing before the Board on this application, you must submit written comment
on the application within twenty (20) days of the date of last publication o
notice pursuant to Section 34-32-112(10), C.R.S.
If you would like to discuss the proposed post -mining land use, or any othe
issue regarding this application, please contact the Division of Minerals an
Geology, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567
NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form t
this notice. If this is a notice of a change to a previously filed applicatio
you must either attach a copy of the changes, or attach a complete and accurst
description of the change.
C1x, 3 G(nsSc r-
LcC S ► L
06'26/97 1307F-112
EXHIBIT R
Proof of Filing With County Clerk and Recorder
R-1
WPM
TuttleApplegate,Inc.
Consultants for Land, Mineral and Water Development
LETTER OF TRANSMITTAL
DATE: September 17, 1997
TO:
Weld County Clerk to the Board
915 Tenth Street
Greeley, CO 80632
TA Project #: 97-125N1
WE TRANSMIT:
Attached
Cover
THE
FOLLOWING:
Prints
Originals
Copy of Letter
Applications
Specifications
Other
FOR YOUR:
■ Use
❑
❑ Under Separate
❑
❑ Approval
❑
❑ Information Below
❑ Information
❑ Review & Comment
❑
❑ Material Returned
❑
❑ Revise & Resubmit
Number of Copies
Dated
Sheet No.
Description
1
September
1997
Amended DMG permit application
Copy to: File 97-125N1
w/Enclosures:
Signed: r1\/`A-kl GLA-ck'--d' 1a -A-414-\1
Molly Orkild-Larson
972799
11990 Grant Street, Suite 555 ■ Denver, Colorado 80233 ■ (303) 452-6611 ■ Fax (303) 452-2759
EXHIBIT S
Permanent Man -Made Structures
Permanent man-made structures within 200 feet of the active mining area that are owned by
others include the following:
Weld County Road 27, Asphalt 2 Lane Road
Weld County, Colorado
Residential Buildings/Garages/Outbuildings
Marcus Cain Politzki and Kellie Dineen Conter
James E. & Sarah J. Mumford
Farm Building
Donald O. Peterson
Fences
Robert L. and Valerie A. Parker
Peter L. and Cynthia S. Baurer/Carl F. Eiberger
Annajoyce Hensel Kirby
Marcus Caine Politzki & Kellie Dineen Conter
James E. & Sarah J. Mumford
Donald O. Peterson
H.I.B.E. LLC/Bernice L. Dersham
Laura M. Knapp & Janice E. Dersham
Overhead Electrical Lines
United Power, Inc.
Public Service of Colorado
Underground Gas Pipeline
Public Service of Colorado
Oil/Gas Wells
Bataa Oil, Inc.
The companies/individuals listed above are being contacted by the applicant to develop
agreements for mining within 200 feet of the structures. These agreements will be provided to
the Division prior to disturbance closer than 200 feet to the structures.
S-1
972799
10/14/1997 15:45 4522759
TUTTLE APPLEGATE INC PAGE 01
DATE:
TO:
FROM:
l ittleApplegate,lnc.
FAX TRANSMITTAL
Can \L HC n-.
Shii--,i.(
etaf
Number Pages including cover page
FAX NUMBER: Me ‘2)e -Lo3} chi
COMMENTS:
0CT 1 5 1997
PROJECT #TA_ - 1a61a.
IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US
IMMEDIATELY BY TELEPHONE (IF LONG DISTANCE, PLEASE CALL COLLECT) AND
RETURN THE ORIGINAL MESSAGE VIA THE U.S. POSTAL SERVICE. THANK YOU.
IF THERE ARE PROBLEMS, CALL STEPHANIE (303) 452-6611.
11990 Grant Strea*$uite 555 • Denver, Colorado 80233 • (303) 452-6611 • Fax (303) 452-2759
10/14/97 14:50
972799
TX/RX N0.8832 P.001 •
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C"' 09/25/97 14:49 '89703501111
TUTTLE APPLEGATE INC
THE LAW BUILDING CCWCD
PAGE 02
aoo1/o04
`7-Z5A,
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT made and entered into this 2C. • day of August,
1997, by and between Carl F. Merger/nit tact 73% dales teat 3 co _ and Pete
Bawer, hereafter referred to Co
as "Grantor," and the CENTRA▪ L COLORADO WATER CONSERVANCY DISTRICT, 3209
West 28th Street, Greeley, CO 80631, hereafter referred to as "Grantee.."
WITNESSETH:
WHEREAS, Grantor owns the property described on Exhibit 1, hereafter known as
"the Property."
WHEREAS, Grantee has the right to store water in a gravel pit lake, (mown as the
Brighton Pit, to be constructed on property adjacent to Grantor and Grantee has need of
access to deliver water to and dived water from the South Platte River, and
WHEREAS, Grantor has agreed to provide Grantee an easement to allow Grantee
to deliver water to and divert water from the South Platte River.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the
parties hereto, it is agreed as follows:
1. Grantor hereby conveys to Grantee an easement for a water conveyance pipeline
from the Brighton Pit to the South Platte River for the purpose of delivering water
dirisctly to the South Platte River. Such easement shall also include an inlet to the
Brighton Pit which shall be in a location to allow pumping from the South Platte
River to the Brighton Pik Grantee shall have tie right to install such svuctures,
regulation or measuring devices as needed. The width of the easement shall be
40 feet
2. The above -described pipeline, inlet and outlet shall be built within two (2) yearsof
the date of completion of the excavation of the lake and shall be surveyed within six
(6) months after actual construction of such inlet and outlet. The approximate
location of the easement is shown on Exhibit 2 attached hereto.
Operation and maintenance of the pipeline, inlet and outlet described above shall
be the responsibility of Grantee. All water conveyance pipeline, inlet and outlet
easements shall be maintained according to state and local regulations.
F:YOMCCWCi tlOFRaNtEASE2
10/14/97 14:50
S72799'
TX/RX NO.8832 P.002 •
10/14/1997 15:45 4522759
09/25/97 14:49 '$9703551111
TUTTLE APPLEGATE INC
THE LAW BUILDING +.-. CCWCD
PAGE 03
Ij002/004
4. Grantee shall be provided access to the easement as necessary for operation,
maintenance, replacement and repair of the structures. Grantee's access shall be c ---z
on the proposed road on the south end of the proportysaimiesloailiessuaintimaso-
Setianl 5 jss E
fi 'to 'e'r Lwt + 4gi4Gtttar•
GRut 0 5
hvease s w��ww ! Ktt1+-C oat t�'i tut Plf664KE: .
S. 4fhWe easement l t'Ie patPakVal• int tium4 2';,,,
6. Grantor shall be entitled to use the land upon which the easement granted herein
is located, but no use made by Grantor may interfere with the use granted to
Grantee. Grantor may use the road described in 114, which is located upon the
easement, for a driveway. Grantor Is granted no right to use Grantee's pipeline or
structures herein. Grantor shall notify Grantee in writing of any improvements it
intends to make within the easement and shall seek approval of the same from
Grantee.
7. The consideration for said Easement Agreement shall be $8000.00 payable at the
time of execution by Grantor.
8. This Easement Agreement represents the complete agreement of the parties and
no oral modification shall be effective. Any amendments or additions to the
Easement Agreement shall be made in writing and shall be signed by the parties
hereto.
9. This Agreement is binding upon the parties, their successors and assigns.
IN WITNESS WHEREOF, Grantor has caused this Easement Agreement to be
executed and the Grantee has caused this Easement Agreement to be executed by its
President and attested by its Secretary.
s.
Dated the day and year first written above.
2
10/14/97 14:50 TX/RX NO.8832 P.003
■
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09/25/97 14:4A 'D970a561111
TUTTLE APPLEGATE INC
THE LAW BUILDING --+ CCWCD
PAGE 04
1j003/004
ATTEST:
(Seal)
-Tke {!e C. 0
Thomas V; Cech, Secretary
F:V9OcCM C'9184Hrcwt_.sQ 3
CENTRAL COLORADO WATER
CONSERVANCY 13 ISTRICT,
fay:.irf-...�G%1
Robert W. Walker, President
10/14/97 14:50
.W.27139
TX/RX NO.8832
P.004
•
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09/25/87 14:50 $8703581111
TUTTLE APPLEGATE INC
THE LAW BUILDING •o- CCWCD
PAGE 05
Qn 004/001
STATE OF COLORADO )
)35 -
COUNTY OF WELD
The foregoing instrument was acknowledged before me this 116 day of
1997, by Robert W. Walker, President of The Central Colorado Water
Die ct.
Witness my hand and seal.
My commission expires: cd214l
STATE OF COLORADO )
)as.
COUNTY OF DENVER
Notary Public
e foregoing instrument was acknowledged before me this
1997, by Carl F. Eiberger.
Mess my hand and seal.
My commission expires:
STATE OF COLORADO )
ss.
COUNTY OF DENVER
day of
The foregoing instrument was acknowledged before me this 2 :`. day of
r"1997, by Pete Saurer.
dross my hand and seal_
My commission expires:int)._
4
10/14/97 14:50 TX/RX NO.8832
972799
P.005 •
Hello