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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 FRAME 0292 2532852 S-1311 a-114 07/10/11!7 0J.S1P PG I 01 2 Ret 00C erld County CO JA Dula Teutawto Clerk 4 Recorder 11.00 MSS Warranty Deed TOSS O!ID Y a teneyerce el in wr teen sward Me... rued. ern` e p Mramerts vs Me enee . ,aeTCI ernes e. aeM ..rs1. wrie..tieerl ee l' stywq On be M in*rle) r rentDul rsd Mew as GRA.714L Ta GMMOR deem rel re won 0. we.enr r de GRANTEE end 0. GeunDR ...ensrower0r ew r TM now ell V. Sr M 0. ear reprinter n N V. yew M Dlid O ie Seed. .. OM M0F .a ee et weenrcs IS erenen flee .een el .sew OI ter per intern en In. wereed tI W r.a ,a non ties ee�Sdr env"r soar len virescre erne MfwS I. Ilene r ri .n .erMelr Its emirs Saw d 0i. Seed an Mew rove Iw.ee is scow N .nC.•e.: I M eM a e�ceC Meve R Veer Ye W Deed w Mau rear orts, Ins peters Owe 0. Doerr 4141 bee 210 Pa. MAL Wrenn 41041 Mr nines: re edet...eul. Nl.nen0 el nu. Incur d w tsbie ed v rue., never.•. Y ,.dewed.1 let tic, a Cnlarw0o I.:ttted J.S hate t 401e er awned Metre. Crruo 40431 Pere r pown.d.Y- WWII VI ?..• • MOM writer wen. Inv werwte tom me errs in rms. u+n .e on to WW1 torsi o wee. le We WPMre•e.we0 w Pedal r.a ..C. Sees..) Irnerr t Deer Pero ecale OW/wry WO Well 4r ruled 45M a r Wm Mr Yen sit M tN eh 450 errs" t wee re Dery ~Winne Mr er ~me ,ere•. bon..vn Ire IO.OI eeeeea ner Greened . RM Pamir r a err retie Y Wee.. Mesh .reewrer te 4u dew r.e W ✓ r.,_.e Jet! M ar—nne a Miner M e eft. r r, leer. N ewrrc. a .Mane frt. .M r.rneeeni Tree Wend.T rti GM Tearer 04•n eHen / Pent tr. WW 0080000.', 1.434.441.001 annsevaanirer. r it. WJIT y1 Peres r worn rte sewn r h /OS.ns w r went an Sr te warily. Swett* a mein es ~MCI ern red peen. rn e n ni a eecaart Sisal lenity MrAr.: WAS deeds el we. wen ae,'sa w Me .nt at erred Ws I '.eaw M re Mow r IN ...M. M Moon 1e/1. Ire Y. Ow Colo r• Mrtiw r Ywlr. War tar es ens Li rare a CAeear0 I e n HURT a rats I Do treere •wsome or wnen eon.. to Can I .tea. tgetApowde 4.0.* Menu sr en In so er Mrw•••eew er+ IV Il• • ILL e• J� 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 11.00 22.19 0 6 w' Oa Ye rn N W e n N1 +i O 9 b 0 O 0 F o • a+ 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 -2- 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. -4- 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. -5- 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 RI c.INNt N(._ A 97279 All) 80011 JS8U O)SOdOtld 7% '. t'otD . o • w : m t 2: ± 2�r2?/ •/ ( 2 A an | RID O m O 0- f§* /)0 0 7}\ gym% \ F� to• Led o \ \ o 23 0 »rn • o 0 • a Ca | l/ 9\l`/ 2|i i|| /q\/§h/|!§ .,:ug;g!*!;.!|,1!!!a illif tlf / Q/ /!j'rl |p \, 2fa',isi/ ,-1,J� \(je,! X17I? \ /g 11 i` J \| G 1 §` $[ \I &i /i �R !\ t t. i1 ! Ili! Hit gl ; '' 97 'tit.: f t 2! / R. 1t Ili' �\ F7 !. 5 # . Nit f7 t. /f ; � i C.3 ,8 C 5 rn rn n 3 I, f E h 972799 tDo � 2 !/ o (9 \ )\ .XL \1 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 o —966 ?: b9e6 urns A\ T -- - �1�) 9302 ; 7 '1A� 01 a 4949 4990'/ /! 35n / 49711 `V%odi 2 0 000 FEET 513 3I S vey id tecked 1949 he, sources .ve not been o nd •one 13 224 MN GN t 0'07 I 96 MILS 2 MILS I l 49231 ,r 514 50' CO" Welln IIi 0 om= Park o Radii o Towe Gr: vet 2 X( oWell •,Well / I IT 14938 TT il' Train / - avatar -inn _ / 2C Water Tank 4947 104950 0 Well Racetrack BIRIGHT0N y JE s 515 (BRIGHTON) 5063 IV NE 9 MI. TO INTERSTATE 76 z 25 32 L 5 97279►9 SCALE 1:24 000 STILL WATER RANCH 1000 0 1000 20O0 7; 4000 5000 6000 Wt.Lll 'CUtt 1 Y 5 1 R CONTOUR INTERVAL 10 FEET (tow �NRuw SET • 53O 74AE w /z at= 1lW 7 5 31 71M LCoP (.'t P. L)cLo, co. , cowe...OO 53c N STILL WATER RANCH 199580950 WELD COUNTY 831, TIN, R66W 972799 c(osS SEcttorl t': \cU ft CM5TING GQACC S ts)ATEtt O[PTH wnc¢Q ZASLL y AL',t c N t. VlKerr vtiAP Lotus) cr[ 20 Q:\ S9oQVL\M.E 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 ,""�60 L-I131N3 67 A S 130499 A 1 62 SAKATA FARMS BRIGHTON. CO 80601 �. 9� NF 06/21/83 2 B fJ Pic) 2"--4i2��W N 36 1 N 67 W S 419893 1 62 FANKHOUSER EARL BOK 6 HENDERSON, CO 80680 2 8 05/19/64 25.00 30 13 SENT 3E 1 N 67 W ≤ 132626 A 1 62 STRUCK J BRIGHTON. CO 60601 NC 07/25/83 2 9 b 413, 161 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 NP 08/23/90 2 6 -- 7AME57"907 VICR 21 1/2-BRUGNTON, 09A0601 AV 08/31/90 L �c Sc 2cc ,, '-)5C h' SHAH 36 1 N 67 N S KLF 25.00 100 1720N,1310W SWNA 36 1 N 67 M S LF 15.00 110 522 1720N,1280w 51*1W 36 1 N 67 N 5' 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 J-172 'lRIGHTON, CG 60601 -- AV 01/33/9` 1 $9 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 $ KLF 20001 05COA Sim 36 N (7 N S q,F 15.00 710 520 2000N,0500N WNW ]6 I M 67 N Q 3 I 04/15/60 10.00 40 12 ANSE 36 1 N 67 8 • _NA 0656R 1 62 DERSHAM A D RT 1 BRIGHTON. CO $0601 2 1 400.00 / 6 MNSE 36 1 M 67 W& • -i ]3197 1 62 ►RANKHOUSER EARL NT 2 PDX 331A BRIGHTON. CO $0601 2 1 03/18/68 10.00 220 40 685E 36 1 M 67 N 5 tk65206 1 62 FRANIOIOUSER EARL M7 1 BOX 340 M BRIGHTON. CO $0601 2 1 06/16/71 30.00 30 5 SESE 36 1 N 67 N S 714,2 1 62 POLITZKI MARCUS C • CONTER KELLIE 11915 WELD CITY RD 2 BRIGHTON, CO 60601 NP 09/17/73 Cr. 05/15/96 2 1 02/26/76 1,00 QM 2.00 615 35 01755 0550E SE5E 36 1 N 67 N g 1+8MF a 6c-wrOTE atONGE ---fl7GIITOR.-666i4 AD 1 WAS M-1cl 1-vrTLi] gLCA„5C 0157 Ar1cC5 F2c hn SC_C l�ti T C \SKI T CC.22ESP�Nf� C_ U a 2-rE:. - Gl V 61 (2_7-E12, Whys L -1-c �+v .AIZ S1, Ie I t-+ Cf c Ak i'C2_ f-eCl>USC S C1=5 C I ' c i,., `, L L "'T i c ' -n ,_, . mac `, ^._H.- ( SASE 36 1 N 67 N S 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 ' _44 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 $0601 2 B 03/12/68 15.00 31 11 SWSE 36 1 N 67 N S 60355 1 62 DEICE'. HENRY RT 1 BOX 226 FT LUPIVN, CO 80621 2 8 03/24/70 -----y!2-0TRUCB-dA16B5 -WIMP 23 1/2 bR101RON, 0O60601 -' -'- AP 10/29/96 AR 06/02/97 2 3 KLF 3168 R 1 62 SAXATA ROBERT P 0 BOX 50$ BRIGHTON, CO 80601 RP 10/20/89 2 1 10/27/54 4* 318R 1 62 ROCK JOHN 6 JOSEPH 6 PETE RFD BRIGHTON, CO 80601 2 1 10/27/54 -- 319R 1 62 ROCK JOHN i JOSEPH & PETE RFD BRIGHTON, CO 80601 2 I 04/26/55 I;6271F 1 62 LAKATA 25.00 45 18 NESN 36 1 N 67 N S 24605.1910E NE5W 36 I N 67 M S 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 t4r269DF 1 62 DERSHAM ■ B RT 1 BRIGHTON, CO $0601 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 OW 15.00 26 6 0$20S 013561 SWA+ 36 1 N 67 W @ 4525.90 24 4 SW5W 36 1 N 67 N S 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 il46291R 1 62 BAURER PETER L 6 EIBERGER CARL F 294 PARK CIRCLE GOLDEN, CO 80401 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 NP 01/04/65,EP"09/02/65 1 NWW. 31 1 N 66 H E 41T99P --1-17BAURER��VITER 1/EIBERGER CARL T 7� 94 PART CR OIAC4, -CO 40401 NP 01/17/961Ev\03/07/97 2 4 TLF 09006,0910W MNNN 31 2 N 4E N $ 46965F 1 62 BAURER PETER 4 CARL EIBERGER 754 COUNTY RD 23 3/4 BRIGHTON. CO 80601 .133727 MP 07/09/96 2 4 5 MS 25.00 940 447 090014,0910W MWNN 31 1 N i6 N S A 1 62 ELLS J A MP 10/13/63 BRIGHTON, CO 80601 t -.C' Act 10 tzt6 io3 15 e10 2! `116-6., 2349 2 6 SEW+ 31 1 N 66 M 5 5374 1 62 CLAMBERS JACK BRlunsuN, CO 80601 '5103368 tr1 2 6 24.00 36 22 SENW 31 1 N 66 M S' 162 BAUMGARTNER HAROLD P PO BOX 144 BRIGHTON, CO 40601 2 69 17/31/56 103369 1 62 BAUMGARTNER HAROLD P P0 BOX 144 BRIGHTON, CO $0601 2 99 12/32/56 X103374 1 62 BAUKDVRTNER HAROLD ► PC BOX 144 BRIGHTON, CO 60601 2 69 12/31/56 4j,43F 9' 79961ER'w r-Tri. _1, 3X771 mu AA, -M40 P' 5561 1 62 REED BEAUFORD RT 1 BOX 89 BRIGHTON. 02 90601 2 6 05/27/63 20.00 14506,2510E SEWN )1 1 M 66 N S 20.00 17306,2510E SENN 31 1 M 66 N S 20.00 155014.2090W SEWN 31 1 N 46 N E. %1385 1 62 SPENCER N T NT 1 BOX 142 BRIG TCD, CO 40601 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 A-. 2 9 04/28/6C 10.00 12 6 NWSW 31 1 N 66 N S 1 AD 3 SESW 31 1 N 66 W S 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 $ 62 SIl1MH'-POBERT--DYIMRP 1MMOR 1A9 "BRIW ITONr- J060L--- 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 C9 60120 OW 120014,1200E NENE 1 1 S 67 W S 2 O M 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 UNREGISTERED o. ;;Zz,_!,! ;,,,. ;:!! „ ,,? E „ i,E;I,EEE !!: LitiuutitiOUULPOU 000m0000deido 11 ///!|;Qa \ m! :_:_::::_:z. i| ] ! /) § !ii""iiii | |||§!|||||!| 972799 a -?.:xs ssp. Rs^ "srrrry 2" xr nor E!! 1 ? r n<< sxa 0 gsgggg sg s§g'sfl 8 88fl888sgsag§8gs8§888888888888S8ESR8 gga�xgaa"��a�a' a M g g 4 as gaga??saa sP^ "T --. .. 8 e7E777..77��0�7S7go�-,;t.•�-7777^7770 §4 $$ aPRa to nn ga 0. fg,f 6 faFa�KEffffKFEffEf FFFF�''FFCr4'ag Fa`afff fffffff f Ie zgQgggggggggggggzgzggggggggggzg � 77.-.7777777777.77777^77777777-._77777_77777777777 C� 000000h o0000o000000000000000000000000000000000000000 0000000000000000000 0000000000000000000000p0000000 UOUU gR8og8888ggsg88ssg g3oegoogao3oo000 omg"sosegggggggg o o 0 Ma.2.z.._<sm............'9`8g'9'd`819'99B'B'98$o..0`�0.. .! zomowwwmmwwmw :f �eeeeene„eeeeee., �enneeeffie.��.�eeeeeee.�eeeeeeee'e°ezee z:zz:zzzzzzzazzzzz 2 zzzzzzzzz 2 x222222522222222222222 2 ➢183��1�93��a4t4�4�6�ti1191��19���0#R���6�0�R88�1��1�" rg � 7 a F� „. 8� 8;�3&8Fao' a e 8R �.y: a�„tl. ��.. $o.aRasmcm�� .oe a f,,, ;' Nss;;�� :,arse .M. .rr eW,1-;;Mn iP s' 972799 0 e -n. IOffff N. S . SECTION. Q160 falsa aa:argg sss7ss 55 555 EEG&a 08 7777'a'a 3E AVV 1111'888 wzzzs ggggggg Illiill aaanana 972799 000000000 titJUUULJUUU WHIM 9 \/\/) !};R EE i„EE;E IEEE EE ggg eeee 972799 /(f\/ 3 |M Cti,SI SECTION. 0160 ) ! uu uu.u„. \mum a! | IWI „}; HOOD 7. 972799 g r. f �C@ a soaaa�aBaaeaaBo EEEEEEEEEE 6&F�F 77377a77777��7777 00000000000000000 UUOVUOIJOUtalsOQUOUU ti 88,8§08,8 NNNNNNNNNNNNNNNNS ZMX222ZZUMZZONNNw #6�i319AISllIItl9 $ S fi IIIIIII gg.,,,,,gcngtgp,ncttgx 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. v !Ad 9Y bg . 3; gip:• assg;;raapgagxrnr;g ;I P!; gr.,;;<n:•m ao OM;pgng5 ; 31 0. #A g;3; '77o77ss777 7777 ssssss� $goes asgsassssaaassasassssaggs=ssgsgssssg ! P&a 8mffi %a •, ••^^777737ooa� 3 u KFFPFfEFFFFF�K'EaPFE,F FFFFFRFa4�'Rggag gE EEEE 1e ?yag a`a. ^c ^" 37^ 7777777777377 q 3777 771777777;77378 a7 ---- OOOOOONNOOOOOmw InOOOOOOOOOOOO0000000000060000000000000 UUUVU VOUV UV UVUVU V UVU V VUVUVUVVVUUUVVUVVV V VUV00 VU V N sea ggrAg88 I5Raoeg M ;;';n1'oeai$i eme.o� a eaanew -- _:_ jJJ= =z= :_!__.7.........._.72227.......... ca2;naaa:2Vao.aaeaafaa • .P11111,1111.!lPaP.aPaa.aPaa,.aP.Ulillil1111111111! 333 ====f=" '"' ummowmwvmmmwevubeb.=ooeeuvu em p m n ama83�vSea!sag 4-2Z g 1 4- FaA�� g1m ss .^. g'=o' cs 1 l88; ,- .m; r RAC 5%ASg=, 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) K='3 t.t r'(s KL•. I.: :r x413 3'Ka. Sr Kr.. 7:: ,t a � ;: t Y€ gy �':' �' Y a r, ' a rr• 4.:r. 3 `� Y io Y a I i� w il$ Y IS • 0 ;r 6415 S IS tY -.Y •...: St al a. ;nY sE EE vg .. 43.: 12.6 20.: CC. 1054 S -27. :545 12 0.4 4.5 ::.4 5.3 .41 .a 154: I7 4.1 IS. 0942 0: :.3 :.C :.: 44.5 '4.7 3'.4 74. '054 4 -37. 105' 1 0.0 3.5 27.2 2.4 .4 .5: 1071 :3 5.7 O. 1545 IS 1.0 :.: C.C 5'.4 2'.7 34.4 0'. 1043 21 -13. 154: 3 4.C 2.4 24.2 1.1 .54 1.00 1050 25 0. 1050 25 3.: .4 .1 44.' 3'.0 41.' 07. 1055 24 4. 1055 02 0.0 .2 14.4 1.0 1,54 2.20 1547 13 1.7 O. 1044 3 3.2 .3 .1 74,3 4-.0 50.1 OS. 1954 2: 14. 1954 2 1.0 C.0 2.0 0.0 2.15 2.05 1941 13 C.0 1. 0 0 4.0 0,4 .4 03.4 5:.3 47.0 1N. 1054 23 3:. 1051 4 4.4 1.0 .2 1.0 1.53 i.03 1070 II 1.0 4. 0 0 4.4 .0 .4 5:.: 54.2 -3.3 107. 1054 '1 41. 1445 31 11.7 0.0 0.0 1.0 1.25 I.SC 1545 24 0.0 1. 0 0 3.4 .5 .3 4-.7 54.: 7:.0 ':2. 1154 3 37. 1544 3: 12.4 0.0 0.1 4.0 1.23 1.40 1051 3 1.0 0. 0 4 3.C .4 0.0 ':.4 44.: 42.7 103. 1552 4 24. 1542 1: 4.5 0.0 1.0 0.0 1.14 2.2C TOSS 14 1.0 O. 0 0 2.5 .5 .2 40.1 33.2 53.7 42. 1053 I -I. 1040 :4 4.4 .1 14.5 .1 .47 1.34 1051 5 .4 II. 1040 13 2.5 .4 0.0 53.: 22.' 37.5 74. 1153 2 -12. 1052 21 0.0 2.1 27.3 .5 .43 .44 IOU 10 2.0 II. 1164 2C 1.5 1.0 1.0 44.2 14.4 2:.5 72. :441123 -11. 1647 3: 1.0 5.4 37.4 3,1 .34 .41 1060 12 2.1 6. 1051 12 1.1 .1 1.1 45.0 33.4 4:.4 44. 20. 170. '2. II.? 13. 4. 2. 00CCI01TATIO4 VITM 0MOR4e1L11, (OWL OR LESS TMTM MET .41 .40 .02 21 .5220 .6117 4:1v 5.40 I.UN 0 .72 . 17 23 5 10 .40 .2I 4.00 I. . 4077 .05 LUG •43 .40 14 1,40 .4t .44 .04 M .5 .70 .42 1.62 5I. 4 3.51 1.14 05 :40 1.73 4.00 5V OCT 0.00 .04 4.27 .10 .50 .41 .40 y0 1.13 ./V 1.44 .04 .44 .•0 54 3.11 .ii 1.41 .15 .IO .07 .40 6.00 MOV 6.00 41, .37 .3 .44 .53 .45 1.03 2.10 .01 DEC 4 6 00 00 ail '7 i.•i R1 i:21 0.0? 67 0.55 7, 30 4S 14.54 4.60 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 • 10/14/1997 15:45 4522759 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 ■ 10/14/1997 15:45 4522759 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 • 10/14/1997 15:45 4522759 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