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Home My WebLink About960508 mEmoRAnDum 1. 1 To Shani Eastin, Current Planner Date Feb. 27, 1996 COLORADO From Don Carroll, Project Coordinator 1.� Subject: USR-1102, Owen Brothers Concrete Company The applicant has requested that the haul route be changed at the ingress/egress point of the facility south from WCR 15 to WCR 24 approximately 1.25 miles to the nearest paved road. This change would eliminate trucks having to turn the corner on WCR 26 and negotiating a narrow bridge from the previous haul route. The applicant has placed on the mylar the typical cross-section including the county road, borrow pit ditches, setbacks, and the additional shore line with the vertical and horizontal slopes into the pond. I have requested all these stipulations on my previous memo. We would like the applicant to enter into a "road maintenance and improvement agreement" with Weld County on the designated haul route. The applicant is indicating a range of daily average trips between 48 and 96, and the maximum daily trips are 100-200 trips per day. I recommend that the applicant pave the haul route from the entrance from WCR 15 to WCR 24 with adequate base and asphalt to accommodate the heavy hauling from this facility. cc: Commissioner Hall USR-1102 FEB 2 8 1996 planl.dc 960508 VpUN7yy MOUNTAIN VIEW FIRE PRO I ECTION DISTRICT F Administrative Office: I s 9119 County Line Road • Longmont, CO 80501 8 (303) 772-0710 Metro (303) 666-4404 FAX (303) 651-7702 VIEW • November 22 , 1995 Weld County Department of Planning Services 1400 N. 17th Ave. Greeley, CO 80631 RE: OWENS BROTHERS USE BY SPECIAL REVIEW PERMIT AAE Project No. E95-7040 To Whom It May Concern: I have reviewed a packet of information submitted by AGRA Earth & Environmental, Inc. with regards to this project. The project is within the boundaries of the Fire District and therefore would receive our services. Nothing in the packet reflects the on- site dispensing of flammable or combustible liquids or the storage of same. If this were to occur, the occupant would need to satisfy the requirements of the adopted codes and standards of the Fire District. Although there was no mention of specifics with regards to the access road, with the occupants intended use of heavy construction equipment I believe the road system would adequately meet our requirement for an all weather surface able to handle 60 , 000 pounds. The Fire District has no objection to this project at the time of this referral review. If you have any questions, please let me know. Sincerely, AA William -N. Bailey Fire Prevention Manager Fire Marshal 960538 planrvw.cor\E957040 .wc Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 EXHIBIT 9119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run P.O.Box 666 Longmont,CO Longmont,GO 299 Palmer Ave. 8500 Nlwot Road Lafayette,CO 600 Briggs 80501 -80504 Mead,CO 80542 Niwot,CO 80544 80026 Erie,CO 80516 mEmoRAnDum Shani Eastin, Current Planner November 27, 199 To Date Fr,� COLORADO Don Carroll, Project Coordinator From P�G Subject: USR-1102, Owen Brothers Concrete Company- I have reviewed the application and the drawings and I have the following comments: WCR 26 and WCR 15 in this area are the designated County roads that have a 60 feet County right- of-way. I would like the applicant to place on the mylar a typical cross section that includes the County road,borrow ditches, and the setbacks. Also indicate the shoreline including the vertical and horizontal slopes to the ponds. The dimensions should be included on the mylar to verify lengths. We would like the applicant to enter into a "road maintenance and improvement agreement" with Weld County on the designated haul route. The shared maintenance, specifically, will be from the egress/ingress point of the facility, south on WCR 15 to WCR 26, then west on WCR 13, which is a paved road. The applicant is indicating a range of daily average trips between 48 and 96, and the maximum daily trips of 100-200 trips per day. The ADT count taken on November 28, 1995, was 121 vehicles per day utilizing WCR 26. The count indicates that 1/3 of the maximum projected trips are from this location. I recommend-that the applicant pave the haul road from the entrance to WCR 13 with adequate base and asphalt to accommodate the heavy hauling from this facility. cc: Commissioner Webster USR-1102 plan l.dc 960598 EXHIBIT 417'/74A. M1fqtqr F - rrr ri �1I7/ M DEPARTMENT OF THE ARMY P' "^a; _ CORPS OF ENGINEERS, OMAHA DISTRICT u, TRI-LAKES PROJECT OFFICE, 9307 STATE HWY 121 _ 50 r LITTLETON, COLORADO 80123-6901 a'a* ryes�srnrzs us nc^p REPLY TO '•rr'ty�ry:murt•ss`>• ATTENTION OF November 30, 1995 Department of Planning Services Weld County Administrative Offices 1400 N 17th Avenue Greeley, CO 80631 Dear Ms. Eastin: Reference is made to your case number USR-1102 located in Section 32, Township 3 North, Range 67 West, Weld County, Colorado, determination conducted by Mr. Terry McKee of the Tri-Lakes Project Office which concerns a Special Review permit for a west sand and gravel mining operation in the A (Agricultural) zone district wetlands. Your project has been reviewed in accordance with Section 404 of the Clean Water Act under which the U.S. Army Corps of Engineers regulates the excavation and discharge of dredged and fill material into waters of the United States including wetlands. Please see the enclosed map that shows approximate locations of wetlands at this site. If a proposed activity requires work in the wetlands at this site, the wetlands should be delineated and mapped prior to any work. This office should be contacted prior to the work for proper Department of the Army permits. Please find the enclosed list of Environmental Consultants who may assist in the wetland delineations and mapping. If you have any questions concerning this matter, please feel free to contact Mr. Terry McKee of this office at 303-979-4120 and reference action ID #199580966. Sincerely, Tim y Carey Project anager Encl r , DEC 6 1995 L _' •■f EXHIBIT' Printed on %r' Recycletl Paper 4 960508 iiy■y]1 tilt' mEmORAnDum�, .. . DEC Wilk Shani Eastin y f r1j99 l(f Te 1 COLORADO. Weld County Planning Date L '"Detembgr , 9,3 From Trevor Jiricek, Supervisor, Environmental Protection Service Subject: Case Number: USR-1102 Name: Owen Brothers Concrete Co. PT W2 of Section 32, Township 03 North, Range 67 West Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. All necessary Emissions Permits must be obtained from the Air Pollution Control Division, Colorado Department of Health. 3. No permanent disposal of wastes shall be permitted at this site. 4. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 5. Fugitive dust shall be controlled on this site. 6. The maximum permissible noise level shall not exceed the [industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 7. Adequate toilet facilities shall be provided on the site. Maintained portable toilets shall be adequate. 8. A NPDES Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health for any proposed discharge into State Waterways. 9. A dust abatement plan shall be submitted to the Weld County Health Department for approval prior to operation. The facility shall have sufficient equipment available to implement the dust control as required by the health department. EXHIBIT IL ' 960508 December 07, 1995 Shani L. Eastin Page 2 10. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 11. The applicant shall incorporate the recommendations of the District soil Conservation Service upon reclamation and revegetation of the site. TJ/rb-1749 360598 STATE OF COLORADO Roy Romer, Governor REFER TO DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE o60% AN EQUAL OPPORTUNITY EMPLOYER • %e C Perry D.Olson,Director to 6060 Broadway Y 0740 Denver,Colorado 80216 ON OF Telephone:(303)297-1192 i a i� '� ForWildlife- D EC For People r;Y " December 5, 1995 Shani Eastin Department of Planning Services Weld County Administrative Offices 1400 N. 17th Avenue Greeley, CO S0631 Case Number: USR-1102 Dear Ms. Eastin: The location of the proposed Owens Brothers Concrete Company Sand and Gravel Mine was visited by Don Bogart, Habitat Biologist, and me, on December 4 at approximately 10:00 a.m. The area currently consists of irrigated cropland in the southern portion and previously cultivated pasture in the northern portion. Permanent wetlands occur along the old railroad bed, which will likely require a 404 Permit for excavation. Vegetation in the wetlands area includes a variety of sedges, rushes, willows, grasses, and forbs . Wildlife species likely to inhabit the area are listed in Section 2.6 of the Project Overview. In addition to the numerous songbirds, small mammals, and amphibians, a Northern Harrier and a Bald Eagle were observed at the site. There are no known Bald Eagle nesting sites on the property. The mining operation will result in a loss of wetland and terrestrial habitat, but will create aquatic habitat in the form of ponds that will attract waterfowl. The loss of trees around the mobile home site should he mitigated by planting trees on upland areas. These trees provide necessary habitat for several species of songbirds and small mammals, as well as roosting sites for raptors. Reclamation efforts should also include planting of native grasses, fortis, and shrubs to provide diverse wildlife habitat, as well as minimize erosion of soil and siltation of waterways. Negative impacts on wildlife should he minimal, given that the above recommendations and sound reclamation practices are implemented. Thank you for the opportunity to comment on this project. Please contact the Division of Wildlife for suggestions on developing valuable wildlife habitat in the project area. Sincerely, Sharlene Haeger, District Wildl'if'e Manager DEPARTMENT OF NATURAL RESOURCES,James S.Lochhead, Executive Director WILDLIFE COMMISSION,Thomas M.Eve,Chairman•Louis F.Swift,Vice-Chairman•Arnold Salazar,Secreta Jesse Langston Boyd,Jr.,Member•Rebecca L. Frank,Member -r William R.Hegberg,Member•Mark LeValley,Member•John D. Fuller Sr.,Member + I x H I p I T JAIL 960508 STATE OF COLORADO OFFICE OF THE STATE ENGINEER coeco�� Division of Water Resources LT Department of Natural Resources 1313 Sherman Street, Room 818 Denver,Colorado 80203 � 3 `"! " Phone(303)866-3581 (� FAX(303)866-3589 y December 14, 1995 ` !`G Roy Romer Governor James S.Lochhead Planning Director Executive Director Weld County Department of Planning Services Hal D.Simpson 1 400 N. 17TH Ave. .,, State Engineer Greeley, CO 80631 Re: Owen Brothers Site Specific Development Plan, USR-1102 Under the provisions of Section 30-28-136(1)C.R.S., the county is directed to distribute copies of the Preliminary Plan submittal materials described in Section 30-28- 133(3)(d), related the proposed water supply for subdivision of land, to the State Engineer for an opinion on the potential for injury to decreed water rights and adequacy of the proposed water supply. As pointed out in the State Engineer's memorandum of August 7, 1995, to all county Planning Directors, because our legislated assignments must be given the highest priority, we will no longer be able to provide comments on land use actions that do not involve the subdivision of land as defined in Section 3O-28-1O1(1O)(a)C.R.S. Additionally we will no longer provide comments on concept, sketch or other'submittals proceeding the preliminary plan for a subdivision of land. Because this referral is a site specific development plan and not a preliminary plan for a subdivision of land, we are not providing comments and are returning the submittal materials for the Owen Brothers Site Specific Development Plan, herewith. If you have any questions in this matter, please contact John Schurer of this office. Sincerely, \ • I 95,L Steve Lautenschlager Assistant State Engineer enclosure cc: Shani Eastin, Planner SPL/JS/owen i EXHIBIT I , ' 960598 STATE OF COLORADO COLORADO GEOLOGICAL SURVEY Division o(Minerals and Geology Pin Department of Natural Resources iI��ikt 1313 Sherman Street, Room 715 �/ s i56 D. Denver,Colorado 80203 Phone(303)866-2611 1* FAX(303)866-2461 DEPARTMENT OF January 5, 1996 1 2 199a. WE-96-0006 RESOURCES I N I, Roy Romer ----- Ms. Shari Eastin, Current Planner Governor Weld County Department of Planning Setvices James it,rn„e.td 1400 North 17th Avenue °" D"e"°r Greeley, Colorado 80631 Dnision" `°n^ o��.�.�ttn Direr Vi,ki Cowart S.Re: Proposed Owens Brothers Concrete Sand and Gravel Mining Operation -- and�o,�C�t�,"'' Vic. Intersection of C.R. 26.70 and C.R. 15 and the Adjacent UPRR ROW, Weld County Dear Ms. Eastin: At your request, we have reviewed the materials submitted for and made a field inspection of the site of the proposed sand-and-gravel mining operation indicated above. The following comments summarize our findings. (1) From a resource-development standpoint, there is no geology-related reason why this proposal should not be approved. The materials to be mined clearly have sufficient value for the operator to make a profit mining them as well as to supply a critical need for aggregate within acceptable haul distance to market. (2) The proposal to reclaim the area as open ponds will improve wildlife habitat and wetlands as well as provide enhanced opportunities for recreational activities. (3) The overall sequencing of the operation appears to be well thought out. Our only concern about this is that the operator maintain sufficient berm-bank slopes to encourage growth of beneficial aquatic life and to minimize growth of noxious weeds. (4) This use should present no serious conflicts with surrounding present or reasonable-to- anticipate land uses. In summary, if this proposal meets with the requirements for reclamation of the Colorado Division of Minerals and Geology, Then we have no geology-related objection to it. S' cerely, (James . Soule Engineering Geologist a EXHIBIT 960508 1 -1-4- ENVIRONMENTAL CQ ' ULTANTS for wetlands determinat; 's & delineations. This list is not compiled to endorse, any specific consultant PEGGY ANDERSON STEVEN DOUGHERTY 420 Sunset Street ERO Resources Corporation Longmont, CO 80501 1740 High Street (303) 776-4636, 545-2910 Denver, CO 80218 FAX (303) 776-4636 (303) 320-4400 FAX (303) 320-4491 SAMUEL A. BAMBERG, PhD Bamberg Associates SCOTT ELLIS & PHIL HACKNEY 26050 E. Jamison Cir. ENSR Aurora, CO 80016 1601 Prospect Parkway (303) 690-7402 Fort Collins, CO 80525 FAX (303) 680-9203 (970) 493-8878 FAX (970) 493-0213 DENNIS BLINKHORN 6496 Manila Rd. LOREN HETTINGER, PhD Goshen, OH 45122 Dames & Moore (513) 625-3721 First Interstate Tower North 633 Seventeenth St., Suite 2500 TED BOSS Denver, CO 80202-3625 T.R. Boss Consulting (303) 294-9100 308 Milkyway FAX (303) 299-7901 Fort Collins, CO 80525 (970) 223-5145 DAVID JOHNSON FAX (970) 223-5145 Western Resource Development 711 Walnut Street DAVID L. BUCKNER Boulder, CO 80302 PATRICK H. MURPHY (303) 449-9009 ESCO Associates FAX (303) 449-9038 P.O. Box 18775 Boulder, CO 80308 STEVE JOHNSON (303) 447-2999 Riverside Technology, inc. FAX (303) 499-4276 2821 Remmington Street Fort Collins, CO 80525 JANE BUNIN, PhD (970) 223-2944 Natural Science Associates FAX (970) 223-2955 4814 W. Moorehead Cir. Boulder, CO 80303 (303) 499-5014 DEBORAH KEAMMERER FAX (303) 499-4276 Keammerer Ecological Consultants, Inc. 5858 Woodbourne Hollow Road Boulder, CO 80301 DONALD R. D'AMICO (303) 530-1783 5935 Baseline Road FAX (303) 581-9219 Boulder, CO 80303 (303) 494-7959 DENISE LARSON Ecological Consultants JEFFEREY L. DAWSON 1975 South Sherman Street Woodward-Clyde Consultants Denver, CO 80210 Stanford Place 3, Suite 1000 (303) 733-4338 4852 S. Ulster Street Parkway Denver, CO 80237 (303) 694-2770 FAX 960&!! STEPHEN G. LONG PETER SP"TH STEVE VIERT Stoneman ....aders, Inc. Cedar Creek Associates, Inc. 11480 Cherokee Street, #L S16 Willshire Avenue Denver, CO 80030 Fort Collins, CO 80525 (303) 280-0048 (970) 493-4394, 229-9278, 223-0775 FAX (303) 280-9245 FAX (970) 493-4394 DAVID STEINMANN JANICE MCKEE Professional Wetlands Consulting Wetland Ecology & Associates 20 Rim Road 5745 Arrowhead Boulder, CO 80302 Greeley, CO 80634 (303) 444-1715 FAX (303) 443-6141 DAVID MEHAN PETER SWIFT Wright Water Engineers Swift & Associates 2490 W. 26th Avenue, Ste 100A 709 3rd Avenue Denver, CO 80211 Longmont, CO 80501 (3Q3) 480-1700 (303) 772-7052 FAX (303) 480-1020 FAX (303) 651-7226 JOSE-MARIA MERINO, PhD BRUCE D. SNYDER engineering-environmental Management, Parsons Engineering-Science, Inc. Inc. (e2M) 1700 Broadway, Suite 900 350 Indiana Street, Suite 415 Denver, CO 80290 Golden, CO 80401 (303) 831-8100 (303) 278-0229 FAX (303) 831-8208 ERIK OLGEIRSON, PhD MIKE STANTON 4440 Tule Lake Drive Quaternary Environmental Consulting Littleton, CO 80123 1210 South Park Drive (303) 347-8212 Monument, CO 80132 (303) 347-8348 (719) 488-2769 LAURANNE RINK Aquatic & Wetland Consultants Aquatic & Wetland Construction Co. 2045 Broadway St. #100 Boulder, CO 80302 (303) 442-5770 FAX (303) 442-8133 MICHAEL S. SAVAGE Savage and Savage, Inc. 464 West Sumac Ct. Louisville, CO 80027 (303) 666-7372 FAX (303) 665-6808 RANDY SCHROEDER Greystone Development Consultants 5990 Greenwood Plaza Blvd., Ste 250 Englewood, CO 80111 (303) 850-0930 FAX (303) 721-9298 9605n® .. -to )i ( /(�' .>3 6'8181 1 4]SU _ 'F�J -_: 4894 A•• V • ) env' ' I M 1 II o/ %% fl I'll 0 II n p.7il II Ditch yy .I I _ ��t \ 28 __S C. �J _' 29"" '\ _ - 14195 Well // I- III �. a9 e,.8 i4]91 I ., _.,,, esoi ,, es S . �- ,- \,... � '0 I /J ° n I 0n . . I l -_' -28 LSa ` m/ _II 14198 v JJww 1 �- 4799a 4 • I lam . C ti - JtV /L7/ W O / f 1 0- 7 a 111///^^^ 75810 • tt f"\'••-----.'xp . , •_St Vraln Sch7// Psi D:C r-/- Io. " �/ 31 WErLgNOS y° c II I 6o i V • - - �. I% 9- BOTT al0 j % — • le • oI QeII p �I II BM�• WGQl J.b y a: ��TL_�_ v :.:4o li I 4813" • n8/3l a ,9 i.G `es. j lit ili i it: -s6//0 I /7---rl--).----. 9101-9,...,,,, - ,,,t, , i ....„.„..:7) ,/,/ _ ,,--/---- / , y „ ‘77' 6810 "\ CN / \ c 6 04900 F=-_ I 11 I � I oll . -46$0 \�` e I hi ii V II Il �- 49/6 1/2 oea• 1686/II ii Ill is 7 I /I II• �— i l! I o• Ill I II il al-, • II �s II p I n -I Pj� %® I o ill II O 8 • �`" i �� 490° - V Q 8 VESSELS OIL & GAS COMPANY December 6, 1995 �i. D E0 8 `ia'3a1 � t Owens Brothers Concrete Co. © O 5550 Sheridan Blvd. Arvada, CO 80002 Re: Case # USR-1102 Ladies and Gentlemen: Referencing the subject case, Vessels Oil & Gas Company is in receipt of your notice of an Application for Use by Special Review for a sand and gravel operation. Your proposed operation would be conducted on lands subject to an oil and gas lease taken by Vessels from John H. and Lorraine L. Pivonka, dated May 27, 1983 and recorded at Reception #1926973 of the Weld County records. This lease predates the April 19, 1985 deed from the Pivonkas to Owens Bros. Concrete Co., which specifically states that the transfer was "subject to easements, rights-of-way, oil and gas leases of record...". By virtue of our oil and gas lease and the 1980 Operating Agreement covering the W/2 of Section 32: Township 3 North, Range 67 West, Vessels has the rights to drill additional wells in the NW/4 of Section 32. The purpose of this letter is to put your company and the Weld County Planning Commission on notice of the existence and nature of Vessels' rights and to respectfully request that the applicant to enter into discussions with Vessels to preserve Vessels' future rights to drill additional wells and to access and gather those wells in a manner which will cause the least impact to the proposed sand and gravel operation. Please contact the undersigned sometime after December 21st, 1995 to initiate such a meeting and thank you in advance for your cooperation. Sincerely, �4`1Andy Boden Landman Cc: Paul Banks; Agra Earth & Environmental, Inc. Ms. Shani L. Eastin, Current Planner-Weld County, Colorado 960508 : EXHIBIT SUITE 2000 • INDEPENDENCE PLAZA • 1050 SEVENTEENTH STREET• DENVER,CO 80255 • 303-825-3500 • FAX 2 `.a"./4 DATE: December 28, 1995 TO: Weld County Department of Planning Services Weld County Administrative Offices 1400 North 17th Avenue Greeley„Colorado 80631 CASE NUMBER: USA-1102 There is a dust problem in the area now from the increasing traffic on Road 26. The gravel mining and more trucks would increase the problem. I am also concerned about the irrigation ditches through the property, thelowering of the water table and the appearance of the area. FROM: Robert 0. Nelson 7497 Weld County Road 26 Longmont, Colorado 80504 SIGNED: F 11 N 2 1996 e. •▪ EXHIBIT G 960508 EXHIBIt DEC 6 1995 a 7. 7 0 L)t t i. / . a r�u._ � . v. .32 r,z N F C -7 La" = G C--cam P Al. .r-t.1 .1 J ,: .:_tiev . a /tr., ,.r-cam,=�„1..k., �� '-' .� mil.-a-l..�_ �:.,ts-/c.e • 11-2 1. r r •1 - t..: �,L... „-cam c.-G�Ja (i_,� /-. S- . y/ t _ a / • -..,C, LL.-l2az L-4,-/ �t�c-�.. L Lam...,_ �G�._ • u._... te � , .�c.,..�.,_ y • l 0508 7. .S .-a:l �. V :, � . �_: v.l .ice � .._.._A �� ✓ �.:��..� Lk, , - 4- .1� �f-c r 6 Y/ . 75 y ' 960508 NORTH AMERICAN RESOURCES COMPANY Re DENVERDISTRICT OFFICE � 1700 BROADWAY, SUITE 508, DENVER, COLORADO 80290 TELEPHONE (303)861-9183 January 3, 1995. z 1g9r0 WELD COUNTY �.,. SO DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. 17th Avenue e Greeley, CO 80531 Ann: Ms. Shani L. Eastin Current Planner Re: REVISED NOTICE OF INTERES IED PARTY Township 3 North,Range 67 West Section 32: SW/4 Weld County, Colorado Dear Ms. Eastin, Please allow this letter to serve as formal notice that North American Resources Company (NARCO) is the owner of that certain Oil and Gas Lease dated 5/27/83, filed 5/13/83,by and between John H. Pivonka and Lorraine L. Pivonka, as Lessors, and The Vessels Company, as Lessee covering the following described land in Weld County, Colorado: Township 3 North,Range 67 West Section 32: All that part of the W/2, lying West of the Right-of-Way of the Union Pacific Railroad and except that portion lying North of the center of Public Highway described in Book 296,Page 556 of the Weld County Records, and We were notified today as a courtesy by Vessels Oil& Gas Company,another interested party, of the existence of a Use by Special Review Application Mining Permit for sand&gravel development covering the above lands by Owens Brothers Concrete Company. In the third paragraph of their letter to you dated 11/6/95, AGRA Earth and Environmental, Inc. notified you that Owens Brothers Concrete Company mailed an informational notice to neighbors within 500 feet of their property and received no objections to their proposal. Further,under Article 1.3.1 (Mineral Owners and Lessees of Mineral Interests), AGRA Earth and Environmental, Inc. listed us incorrectly and improperly as follows: North American Research Company (NARCO) do Logan and Firmine Inc. P.O. Box 4274 Englewood, CO 80155 This letter shall serve as official notice to you that North American Resources Company is not the same company nor is it affiliated with North American Research Company. We are associated with the firm Logan and Firmine,Inc., who is our tax agrent for valuation assessments only. However,the Denver exploration and production department was not notified by either Owens Brothers Concrete Company or AGRA Earth&Environmental and knew nothing of this matter until the courtesy call by Vessels this morning. EXHIBIT it 96 .E& >8 Weld County Department of Planning Services Page 2 of 2 Further, our Oil and Gas Lease,which remains in full force and effect, is subordinate to that Deed dated 4/19/85,filed 4/22/85 in Book 1066,Reception Number 02006658, Weld County,Records, which is where we assume Owens acquired its interest. NARCO reserves all rights,if any, it may have in the proper development of its mineral resources in accordance with the terms and conditions of the lease, or any leases with which the subject lease is pooled and the rules and regulations of the State of Colorado Oil and Gas Conservation Commission. I have attempted to contact you by telephone this afternoon and will both fax this notice to you (and to Owens and Agra)and mail it to you. In addition, I am enclosing copies of pertinent documentation to verify our claim. Thank you for your immediate attention to this matter. Please call me at(303) 861-9183, ext: 216 as soon as is possible. Sincerely, NORTH AMERICAN RESOURCES COMPANY cwi 1\frtLk Michael T. Holland Senior Landman cc: mth,jao,ke,jr,kb,jc, AGRA Earth&Environmental, Owens Brother Concrete Company 960508 JAN 23 '96 15:41 FR VESSELS DENVER 303 925 2532 TO 19703526312-1130 P.01/03 Vessels Oil & Gas Company 1050 17th Street,#2000 Denver,CO 80265 Date: Tuesday,January 23, 1996 Time: 3:17:58 PM Fxotn To Name: Andy Baden Name:Ms. Shan/L.Easfin Company: Vessels Oil&Gas Company Company:Weld County Department of Planning Services Phone: (303)825-3500 Phone: (970)353-6100 Ext.3540 'Fax:(303)825-2532 Fax:(970)352-6312 Total number of pages,including cover:3 Re: Owens Brothers Concrete Company USR Application 1102 Ladies and Gentlemen: I have reviewed the Application for Use by Special Review as proposed under Case USR 1102 by Owens Brothers Concrete Company, dated November 6, 1995. Vessels has no problem with the Application proceeding as proposed subject to the consultation process and other conditions set forth in the attached letter dated January 11, 1996, signed by my- self as representative for Vessels and Mike and John Owens for Owens Brothers Concrete Company. I have no plans of attending the hearing to protest the Application. Please contact me at (303) 825-3500 if you have any questions. Thank you. cc:Paul G Gesso J ■ EXHIBIT !K . 01/23/96 15:25 TX/RX N0.296.1 01 t JRN 23 '95 15:41 FR VESSFLS DENVER 303 825 2532 TO 19703526312-1130 P.02'03 I 'JAM 2 3 ' . INDUSTRIAL REALTY ASSET MANAGEMENT, LTD. Real Estate Services for the Mining and Construction Industry Nationwide January 11, 1996 Andy Boden, Landman Vessels Oil and Gas Company 1050 Seventeenth Street, Suite 2000 Independence Plaza Denver, Colorado 80265 RE: Owens Brothers Concrete Company Use by Special Review to Mine Sand and Gravel in Weld County, Case USR 1102 Dear Andy: I enjoyed talking to you concerning the various surface and mineral rights on the subject property and your concerns that Vessels Oil's rights continue to be protected. I've relayed to the Owens Brothers the contents of our phone discussions and they have agreed to do nothing during their mine development that would impede any of your rights. If the use by special use case is approved by Weld County, we do not anticipate starting mining for at least a year if not longer. We are merely tying to get all of the governmental approvals in place at this time. When we are ready to mine, we will contact you to make sure we are doing nothing to impede you rights and access to your well. We would lake to request that if the above covers your concerns that you send a letter to Weld County Planning that we have been able to resolve any concerns you have with mining and that you have no objection to the permit being issued. Their address is: Weld County Planning and Zoning ATTN: Shani Bastin 1400 North 17th Street Greeley, Colorado 80631 PAUL 6.GESSO 7475 West 5th Ave.,Suite 216 - Lakewood,CO 80226 • Office(303)274-4277 • Home(303)237-1050 - Mobh(303)8881926 - Fax(303)2744277 EXHIBIT 01/23/96 15:25 TX/ .+1g1 ,4 JAN 23 '96 15:41 FR VESSELS DENVER 303 225 2532 TO 19703526312-1130 P.03'03 Please send me a copy of the letter also. The hearing is February 6th so it would be best if your letter would arrive before that. Owens Brothers will work with you to preserve any access or other needs you have. Please return a copy of this letter to me. Sincerely, Paul G. Gesso, MCR G o-- 4//i/4( I Owens, Owens Brothers Concrete Company Date J. Owens, Owens Brothers Concrete Caupany Andy Vessels Oil and Gas Cu„ipany Date 960508 ** TOTRL PRGE.03 ** 01/23/96 15:25 Tk/$X NO.2961 P.003 .<?G-; i99 � 419 , $:i2 . Ca 2. t996 U EE8 (Lac), G`'o-7ar zie- , `I r 1. Zwal d/J a Ca � 7�� cQ� titi�l // (/ Ufa i d Gc41 -��'�� alit « - tzt-et! /S' a, rjozzel Ira-ze, /L- -1G_11- �L <L Thelma Swarts L ��Ayi.=�-�'eLL¢J 6856 Weld Co. Rd.26 �� Longmont, CO 80504 IXHISIT 960508 - FEB-05-1996 15'56 NFRCO _-_`- -' -- --- Date: 02/05/96 • To: Mr.John Owens Owens Bros-Concrete Co. 5550 Sheridan Blvd. Arvada,CO 80002 FAX 429-5916 From: Michael Holland North American Resources Company FAX 861-1636 RE: Joint Surface Use Agreement Portions of the W/2 Section 32,T3N-R67W Weld County,Colorado FIVE PAGES, INCLUDING THIS COVER CC: Shari Eastn,Weld County Department of Planning Services Mr. Owens, I have just heard from Don Klene that the letter agreement faxed this afternoon is acceptable to you. The originals will be distributed for formal signature. However, due to the short period of time before the Weld County hearing, I am faxing you another executed copy of the agreement for you to execute and return to me by fax this afternoon. Please execute your signature as an authorized party for Owens Brothers Concrete Company and return the fax to me at the number listed above to signify your formal approval. A copy will be sent to Weld County. Thank you for your prompt attention to this matter. If you have questions, please call me at(303) 861-9183, ext. 216 I FEB 51996: --1 Post-ie Fax Note 7671 Date z\-s. is' `"- Celoeq. vF Q�ann c f?_! �j (-0 Phone* Sit K: �1b- isi Giov� ;.�'3 3-66t-91�i Fax« at lo- ISM.- (.2,1)- Fax*3o -B(.i- 1te3(a 08/22/95 Confidential 1 N • EXHIBIT 960598 02/05/96 15:58 TX/RX NO.3059 2 FEB-05-1996 15 56 WPC0 _t138619183 P.02i vJ5 I inoa, iii aasncsw nsaMaaca COICIRSTWIt C! j ) DENVER DISTRICT OFFICE 7�/ 1700 BROADWAY, SUITE 508, DENVER, COLORADO 80290 TELEPHONE (303)881-9183 February 5, 1996 Mr.John Owens Mr.Mike Owens Owens Bros.Concrete Co. 5550 Sheridan Blvd. Arvada,CO 80002 RE: Joint Surface Use Agreement Portions of the W/2 Section 32,T3N-R67W Weld County,Colorado Gentlemen: North American Resources Company("NARCO")is the successor owner of rights under an oil and gas lease,dated May 27, 1983,recorded at Book 996,No. 1926973, from John H.Pivonka,and Lorraine 1.--Pivonka,Lessors,and The Vessels Company,Lessee,covering the following lands in Weld County,Colorado: Township 3 North.Range 67 West.6th P.Mj Section 32: All that part of the W/2,lying West of the Right-of-Way of Union Pacific Railroad and EXCEPT that portion lying North of the center of Public Highway described in Book 296, Page 556 of the Weld County records containing 108.46,mil(the"LANDS"). Owens Bros. Concrete Co.("OWENS")is the owner of the surface and minerals,other than oil and gas,of the LANDS,by virtue of the Deed,dated April 19, 1985, recorded at Book 1066,no.2006658, between John H.Pivonka and Lorraine L.Pivonka,Grantors,and Owens Bros. Concrete Co.,Grantee. NARCO currently conducts oil and gas leasehold operations on the LANDS and anticipates future operations on the LANDS. OWENS anticipates conducting sand and gravel mining operations on portions of the LANDS. Both NARCO and OWENS wish to conduct their operations concurrently on the LANDS with minimal interference and damage to one another's operations, facilities,and access. Consequently,in consideration of the mutual promises contained in this letter agreement,OWENS and NARCO agree to the following: 1. OWENS will conduct its operations in accordance with its Use By Special Review Application Mining Permit submitted by date of November 7, 1995,Weld County Department of Planning Services Case No. USR-1102,and with all applicable statutes,laws,rules,and regulations. 960508 02/05/96 15:58 TX/RX NO.3059 P.002 FEB-05-1996 15'56 NARCO Owens Brothers February 5, 1996 Page 2 of 3 2. NARCO will conduct its operations in accordance with its oil and gas lease described above and with all applicable statutes,laws,rules,and regulations. 3. NARCO is presently aware that it will require a drillsite location,producing well site, related surface facilities,and access to a location on or near center of the N W/4SW/4 of the subject Section 32. Such location will consist of a drillsite,approximately 400 ft.by 400 ft. in size,a long-term production facility approximately 200 ft.by 200 ft.in size around the producing well or wells,and continued access to the site which is acceptable to NARCO_ OWENS agrees that it will conduct its operations in such a way as to provide NARCO with such drilling and facilities site and access without cost to NARCO. 4. OWENS will make all reasonable efforts to avoid interference with NARCO's present operations;and,NARCO will make all reasonable efforts to avoid interference with OWENS' operations. OWENS will compensate NARCO for damages to NARCO resulting directly and indirectly by OWENS'operations and ownership of the LANDS;and,NARCO will compensate OWENS for damages to OWENS resulting directly or indirectly from NARCO's operations. 5. OWENS and NARCO will each Indemnify and hold the other harmless for damages to persons or property resulting directly or indirectly from its operations and ownership of the LANDS, whether such damages result from action or faultier to act. 6. NARCO shall notify OWENS of its intention to conduct drilling,workover,or other similar , operations on the LANDS at least thirty days prior to initiation of such operations. It is anticipated that NARCO's operations will occur within that radius as set forth in attached Exhibit "A". Prior to initiating such operations,NARCO shall describe the nature and extent of such operations to OWENS and consult with OWENS with regard to the precise locations of access roads,pipelines,gathering lines,tank batteries,and other related facilities so as to minimize any surface interference with OWENS'gravel operations.However,it is understood that NARCO is obligated to conform to rules and regulations as established by the State of Colorado Oil and Gas Conservation Commission.OWENS agrees to assist NARCO in establishing a drillsite and access road to enable NARCO to conform with those rules and regulations. 7. OWENS shall notify NARCO of its intention to conduct mining operations within 200 feet of NARCO's existing or anticipated facilities and access routes at least thirty days prior to initiation of such operations. 8. In the event that NARCO should require new drillsite and facilities locations,and/or access to them,in addition to that provided for in Paragraph 3 above,in order to fully develop its oil and gas leasehold,NARCO shall notify OWENS of such fact at least sixty days prior to initiation of such operations.NARCO shall consult with OWENS with regard to the precise location of such locations and access.The cost of preparing and maintaining such locations and access shall be borne wholly by NARCO,including increased costs resulting from impediments or surface irregularities created by OWEN's operations. 9. This agreement may be assigned by either party. 10. This agreement shall be governed by the laws of the State of Colorado. 960508 02/05/96 15:58 TX/RX NO.3059 P.003 FEB-05-1996 15:57 NARCO 3©38619183 F.Cn4i@::; • Owens Brothers February 5, 1996 Page 3 of 3 11. Notices provided for in this agreement shall be considered given when placed in the U.S. Mail, First Class postage prepaid to the parties,to the following address,or addresses provided subsequently by the parties: NARCO: North American Resources Company 1700 Broadway,Suite 508 Denver,CO 80209 OWENS: Owens Brothers Concrete Company 5550 Sheridan Blvd. Arvada,CO 80002 12: Either party may provide a copy of this agreement to the Weld County and State of Colorado agencies whose permits are required for operations anticipated under this agreement. Promptly upon execution of this agreement,NARCO shall notify the Weld County Department of Planning Services that it does not object to OWENS use by Special Review being approved for the LANDS. If you agree to the above,please date,sign and return one copy of this letter to the undersigned. Sincerely, NORTH . AMER.!ERI SO RCES COMPANY. Kevin T. Edwards Denver District Manager AGREED TO AND ACCEPTED THIS DAY OF FEBRUARY, 1996. OWENS BROTHERS CONCRETE COMPANY Its: 960508 02/05/96 15:58 TX/RX N0.3059 P.004 FEB-05-1996 15:5? NARCO 3038619183 F'.05,05 i I x I I : I , • r ! I I •. ! I / 1 I 1 , I' I • !� I I I : r I ! ♦ I 1 ie0zs ! , 1 � � • i 1 III I /-#. 4Z I I THIS AREA SUBJECT TO _ . 1. .. I. - ! , I wc{E€MEHT WITH a� j 1 • _ { • AND GAS INTERESTS. I ,,-- • Li 1 I (APPROXIMATE) aw j / /7 I 7 1 : 1 ,0, / 4 Cr Al / I - f. �, . . / , . , I 1 1 / ♦ / r / 4:03$ ♦ it t l / . 1 / • �{ 0 I / Ir 1 / �SE- 4 / ♦ F I x4w6/ /I . 1: / ♦ (�,.��1 II I ! i / ♦ lots ots !/ 'tea 1 . ! ♦ / ��/ IS I ! ♦ / Q 1 i. / • / 1 !: ! / �, I / / 1 .. 1 • I / II ii 404.7 I / '�� / i x ii ! •♦ '004.0 '1108'1 '/ / i / . 4002+ +000.1 / I '. : ! ♦ 400.2 I i 1 . 1 / • 7RT/GK �1 Ti:I /! 1 I:• I / MA S roar x�-r -_..- I ; -- • --/' .,: boas / / 1 I ! 13.7 / ! I j / AWICO 1 1 S / I : I: ‘/! 460,26 • G45 LIEU I I // 6.7 X 3 N , '••4604.74006.+ / ♦ *••,, - ,- 4901.6 3 / ♦ x m I / 1 / ♦ x4403.4 x �./ I / ♦ 2 / I f/ l ;*- • . / ♦ elf I / TOTAL P.05 960590 02/05/96 15:58 TX/RX NO.3059 r.005 II FEB-05-1996 16:29 NRRCO 3!738619183 P.01/2 ********»OK***** —COMM.7OURNA. ******************** DATE FEB-0S :396 ***mos TIME i5:58 *** P.01 MODE = MEMORY TRANSMISSION START-FED-05 15 55 END-FEB-05 i5:58 FILE NO.= 142 NO. CAM ABBR/NTWK STATION NAME/ PAGES PRO.NC. PROGRAM NAME TELEPHONE NO. 001 OK a 19703526312 0051005 -MARCO - ************************************ - ***** - 3038619183- ********* • Date; 02/05/96 To: Mr.John Owens Owens Bras.Concrete Co. 5550 Sheridan Blvd. Arvada,CO 80002 FAX 429-5916 From: Michael Holland North American Resources Company FAX 861-1636 RE; Joint Surface Use Agreement Portions of the W/2 Section 32, 'I IN-R67W Weld County,Colorado FIVE PAGES,INCLUDING THIS COVER CC: Shari Eastin,Weld County Dcpamnent of Planning Services Mr. Owens, I have just heard from Don Klene that the letter agreement faxed this afternoon is acceptable to you. The originals will be distributed for formal signature. However, due to the short period of time before the Weld County hearing, I am faxing you another executed copy of the agreement for you to execute and return to me by fax this afternoon. Please execute your signature as an authorized party for Owens Brothers Concrete Company and return the fax to me at the number listed above to signify your formal approval.A copy will be sent to Weld County. Thank you for your prompt attention to this matter. If you have questions, please cats me at(303) 661-9183, ext.216. FEB 5 1996 " Post-it Fax Nora . 7671 Date 2IT r a F ��oea�s ' Flue, " 11�,,1 i •a •'G 0%4 PIA An\y��r.,_ ca. NAV') • EXHIBIT . q'e^ Le2-e iNI,£aet'. Ph--- a. : -...- ev.4: 960509 02/05/96 16:31 TX/RX NO.3080 FEB-06-1996 07:29 MARCO - 1Ri`/) 14QRT$ S IZIRZCAN R 8OVJICEB Conn.s '�T J ` \ �J • DENVER r� T 1700 BROADWAY, SUITE 506,DEENVER,'CECOLORADO 80290 TELEPHONE (303)861-9183 February 6, 1996 WELD COUNTY DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. 17th Avenue Greeley,CO 80531 Ann: Ms.Shani L.Eastin Cuiieut Planner FAXED FIVE PAGES(INCL.COVER)TO(970)352-6312 Re:NOTICE OF NO OBJECTION TO USE BY SPECIAL REVIEW-CASE NUMBER USR-1 102 Townshin 3 North.Range_67 West Section 32: SW/4 Weld County,Colorado Dear Ms. Eastin, Please allow this letter to serve as formal notice that North American Resources Company (NARCO)has reached agreement with Owens Brothers Concrete Company insofar as developing its mineral resources under the captioned lands in Weld County,Colorado. A copy of that agreement is provided for your review. Insofar as the proposed Special Review Case Number USR-1102 does nor conflict with the intent as set forth in NARCO's letter agreement dated February 5, 1996 with Owens Brothers Concrete Company, NARCO does not object to Owens use by Special Review being approved for those lands listed in the Special Review application. • Thank you for your assistance in this matter.If you have any questions or if I may be of assistance in any way,please call meat(303)861-9183,ext:216. Sincerely, NORTH AMERICAN RESOURCES COMPANY Michael T.Holland Senior Landman cc:mth,Owens Brothers Concrete Company FEB � 519961 �a 1 id EXHIBIT 960598 02/06/96 07:31 TX/RX NO.3061 ), ,s,10741" ." FEB-06-1996 07:29 MARCO Owens Brothers February 5, 1996 Page 2 of 3 • 2. NARCO will conduct its operations in accordance with its oil and gas lease described above and with all applicable statutes,laws,rules,and regulations. 3. NARCO is presently aware that it will require a drilisite location,producing well site, related surface facilities,and access to a location on or near center of the NWl4SW/4 of the subject Section 32. Such location will consist of a drilisite,approximately 400 ft.by 400 ft in size,a long-term production facility approximately 200 ft by 200 ft.in size around the producing wen or wells,and continued access to the site which is acceptable to NARCO. OWENS agrees that it will conduct its operations in such a way as to provide NARCO with such drilling and facilities site and access without cost to NARCO. 4. OWENS will make all reasonable efforts to avoid interference with NARCO's present operations;and,NARCO will make all reasonable efforts to avoid interference with OWENS' operations. OWENS will compensate NARCO for damages to NARCO resulting directly and indirectly by OWENS' operations and ownership of the LANDS;and,NARCO will compensate OWENS for damages to OWENS resulting directly or indirectly from NARCO's operations. 5. OWENS and NARCO will each indemnify and hold the other harmless for damages to persons or property resulting directly or indirectly from its operations and ownership of the LANDS, whether such damages result from action or faultier to act. 6. NARCO shall notify OWENS of its intention to conduct drilling,workover,or other similar operations on the LANDS at least thirty days prior to initiation of such operations. It is anticipated that NARCO's operations will occur within that radius as set forth in attached Exhibit "A".Prior to initiating such operations,NARCO shall describe the nature and extent of such operations to OWENS and consult with OWENS with regard to the precise locations of access roads,pipelines,gathering lines,tank batteries, and other related facilities so as to minimize any surface interference with OWENS' gravel operations.However,it is understood that NARCO is obligated to conform to rules and regulations as established by the State of Colorado Oil and Gas Conservation Commission. OWENS agrees to assist NARCO in establishing a drilisite and access road to enable NARCO to conform with those rules and regulations. 7. OWENS shall notify NARCO of its intention to conduct mining operations within 200 feet of NARCO's existing or anticipated facilities and access routes at least thirty days prior to initiation of such operations. S. In the event that NARCO should require new drilisite and facilities locations, and/or access to them, in addition to that provided for in Paragraph 3 above,in order to fully develop its oil and gas leasehold,NARCO shall notify OWENS of such fact at least sixty days prior to initiation of such operations.NARCO shall consult with OWENS with regard to the precise location of such locations and access.The cost of preparing and maintaining such locations and access shall be borne wholly by NARCO, including increased costs resulting from impediments or surface irregularities created by OWEN's operations 9. This agreement may be assigned by either party. 10. This agreement shall be governed by the laws of the State of Colorado. 960598 02/06/96 07:31 TX/RX NO.3061 P.002 FEB-06-1996 07:Jd MARCO 3038b1 1r.,,. • Owns bothers February 5,1996 e 3 of 3 1. Nation poached form this ageeeowt chan be eeeaiasrsd Owen when planed ion due tJ.S,Mail. Fleetbse pos.Ovoid' lo the patties,to the t8lbvitig address,or addresses plpvided subsequently by the parties NARCO: North Atosriena Resoaees Casopery 1700 aoadway.Suite 508 Dar,OD 10209 OWENS_ Owens Hatherstemerac Company 5550 Shaidm Blvd. Arvada,OO 80002 12: Either pony easy provide a copy ofdds agreement to Ow Weld County sad Ste of Caen& sgwaies Obese permits are required for anode=amilcipsted under ads asteeplmt,PromPd'moo emotion ofd agsnnieata NAACO shall artily die Weld County Deparnsent of Pig See'iees that it does not object to OWENS use by Speeiai Review being approved foe the LANDS. If yen wee to the above,please date,Sr end inn=one cony otthis letter to$te nndmslg cd. Siocaoty, NORTH 1‘LIKER reds CO EPAhly Kevin 1.Edwards Deaver District Manager AGREED TO AND ACCHATBD T!US DAY OFFEBAUAAY,1996. O3YPNS nil CONCRLTS COMPANY POes .e-�. cites. TOTAL P.02 960598 02/06/96 07:31 TX/RX NO.3061 P.003 FEB-06-1996 07r.al MARCO - I I I 1 I / x as V i I x x qI : : I r-.I 41103.7 ''I 1 I r" I I 1 . I : I I 1 l . 1 : f: I /, 1 1 1 f' ! / 1 T^ ( / 4402.5 / I RI I 1 r I/ ♦ II • ♦ I I THIS AREA SUBJECT TO I J /♦ 4 CAGREEMENT WITH ON. ! - - ( AND GAS INTERESTS. • / _— 1 ■ I tAPPROxIMATEI 1 i ' , r xII I 440.5 -'— • 1 e. } ., / r 1 l /� 1 : f I , . ., / All i 1 f / I a it +406. / ■ 1 I ! it', .44xy' I I 0 I / I/I it III /; If I / PHASE 4�t 1 I / • : / / ♦ 41102-3 0 ! / ♦ // �/ I i / / 1 / I / ��. / f • I 7 I / / 1: Iii ii.up / /44045 ,0 / : - 1 I ;: l /,a 1 ob.� f ► / M. MUCKq� —_- / ' .6 a'ru PONTMff x ti.' --,,,---4,0-4•,-,----/a �/. ....- f' ! • ..... { . %/--• x • . / / ! ! / \► ----_ (l Iz7 / 1 : .Li" AMMIO x / 05.7 ek ♦ / 4444.1< — 4406.4 'u' E / ♦ �. Ca I / ♦ • a I I _ x 4405.4 1 / ; x / I .j , / [ I I / TOTAL P.04 960508 02/06/96 07:31 TX/RX NO.3061 P.004 II *AGRA AGRA Earth& Environmental, Inc. Earth & Environmental 17301 W. Colfax Avenue Suite 170 Golden, Colorado 80401 Tel (303)277-9988 January 22, 1996 Fax (303)277-9955 Ms. Shani Eastin AEE Project E95-7040 Weld County Department of Planning Services 1400 N. 17th Avenue Greeley, CO 80631 RE: APPLICATION FOR USE BY SPECIAL REVIEW PERMIT FOR MINING Weld County Case No. USR-1102 v. 1996 Del Camino Sand and Gravel Mine 30 2 5 Applicant - Owens Brothers Concrete Company Draft plot of oil and gas interests area Dear Ms. Eastin: In response to the January 3, 1995 letter from Mr. Michael T. Holland of North American Resources Company (NARCO), Owens Brothers Concrete Company and Mr. Holland have discussed and agreed upon an "area of oil and gas interests". The "area of oil and gas interests" is located in the NW 1/4 SW 1/4, Section 32, T3N, R67W as shown on the attached mine extraction plan map . As a result of these discussions, you should be receiving a letter from Mr. Holland reflecting NARCO's satisfaction with agreement reached on this issue. Sincerely, AGRA Earth & Environmental, Inc. AlLi4Lto•- Susan Harrison Land Use Planner cc: Owens Brothers Concrete Co. Paul Gesso Engineering& Environmenta - 'X I$ I T 960533 01/25/1996 15:04 3032744277 PAUL G GESSO INC PAGE 02 INDUSTRIAL REALTY ASSET MANAGEMENT, LTD. Real Estate Services for the Mining and Construction Industry Nationwide FAX MEMO TO(970)352-2868 a -Pia1 TO: DON CARROL, PROJECT COORDINATOR FROM: PAUL G. GESSO DATE: JANUARY 25, 1996 RE: CASE USR 1102, OWENS BROTHERS CONCRETE CO. Dear Don: I was supplied a copy of your referral letter regards the above referenced case by Shari Eastin and have gone over your recommendations with John and Mice Owens. First of all, we arc having the mylans modified to show the various cross sections that you requested and you and Shani should be getting a draft copy to review very shortly. Secondly, the Owens' brothers toxin*have no problems with entering into a road maintenance and improvement agreement with Weld County depending upon the specific contents of such an agreement. If you could send a copy of a draft or a typical agreement it would be very helpful. Concerning the contents of the agreement they have no difficulty at all with the shared maintenance portion which we would hope would be tied to the actual impacts. They do have a problem with your last recommendation that they pave about 1 and 1/4 to 1 and 1/2 mile of road surface. The recommendation is based upon the maximum number of trips in the planning application and herein lies the problem. In the application, we are asked for a number of tricks however we do not know what to actually anticipate for several years into the future. The actual trip counts may be much less than those numbers. If we put too low of a number in the application we may get stuck with a restriction on the number of truck trips that we might need. The tendency on the part of an applicant is to put in a high number which may or may not be reached. The up front cost of paving such a long h PAUL O.SOSO 7475 West 5th Ave.,Suite 216 • (kayoed,(0 80226 • Oho(3031 2744277 • Home(303)2371050 • MoSe(303)8887926 • Fax(303)2744277 14:ILIXIIIIISIT 96050$ eita 3 01/25/96 15: 11 TX/RX N 01/25/1996 15:04 3032744277 PAUL G GEcSU -. `- length of road would be very high especially since it is based upon a speculative number of trips and not on actual counts or impacts caused by the operation. In speaking with the Owens brothers, this improvement cost would make the entire project prohibitive to undertake. We would like to suggest an alternative and see if it is something that the County could live with. First of all, we would commit to paving in asphalt with adequate base material to handle the trucks from the scale to the entry and then south from the entry on Weld County Road 15 to Weld County Road 26 which would be approximately 1/4 of a mile. Based upon our past experience, this length would be more than adequate to make sure that mud and debris on the trick tires would be removed. We would also agree to keep this stretch of road and our entry clean of typical road debris. We would then prefer to provide cash in lieu of paving for the stretch of road from Weld County Road 15 on Weld County Road 26 to Weld County Road 13 based upon actual truck counts once the facility is open if this is even necessary. In other words, do a cost sharing based upon actual impacts and truck counts. We believe this to be a more fair approach. The Owens brothers are certainly willing to pay for impacts they cause with the operation but do not want to pay for improvements based upon some speculative numbers. Please think about this proposal and call me to discuss it if you feel it is necessary. Sincerely, 77,,,,y7ay Paul G. Gesso, R Consultant to Owens Brothers Concrete Company cc: Shand Eastin John and Mike Owens Paul T. Banks 2 960508 01/25/96 15: 11 TX/RX NO.2981 P.003 A G RA AGRA Earth & Environmental, Inc. Earth & Environmental 17301 W. Colfax Avenue Suite 170 Gelden, Colorado 80401 Tel (303) 277-9988 January 26, 1996 Fax(303) 277-9955 v. �� 0 Ms. Shani Eastin AEE Project E95-7040 Weld County Department of Planning Services 1400 N. 17th Avenue Greeley, CO 80631 RE: APPLICATION FOR USE BY SPECIAL REVIEW PERMIT FOR MINING Weld County Case No. USR-1102 Del Camino Sand and Gravel Mine Applicant - Owens Brothers Concrete Company Typical Cross-section Dear Ms. Eastin: In response to Don Carroll's November 27, 1995 memorandum we have included the typical cross section on the Post Mining Contour Map as requested. We have enclosed two copies of the revised map, and assume you will forward a copy to Don Carroll. The typical cross section shows the position of the existing County Road 15 right-of-way in respect to the approximate post-mining pond bank slope and estimated water level on the map, i.e.: Final pit bank slopes will be no steeper than 3h:1v, and a setback of 30 feet will separate the road right-of-way from the outer pond margin. According to my conversation with Mr. Carroll of January 23, 1996 these parameters are acceptable. Please call us if you have any questions regarding this transmittal. Sincerely, AGRA Earth & Environmental, Inc.( Susan Harrison Land Use Planner cc: Owens Brothers Concrete Co. Paul Gesso Engineering& Environmen r.r-f •N lair 960508 1 `3/ Monday, February 05, 1996 case # USR-1102 Owen Brothers Concrete Company To. current planner Shani L. Eastin, Subject: Information on sand and gravel mining permit application.There has been big concern about the gravel mining in our area due to the water table that has risen so high. Three years ago , when Varra gravel mining started working on the pit on Harold Nelson's property west of us there was another problem with our shallow well going dry. we contacted Harold Nelson, Jack Varra and Chris Varra. We told them that our shallow well went dry. they immediately worked with us 100 % concerning this matter. over a period of time Jack Varra said that our shallow well would come back. in the meantime we used our deep well which is on the second aquifer so we got by until Harold Nelson's lake was finished. thanks to Jack and Chris Varra and Harold Nelson for the support of the project. Since then the water table has risen and the shallow well came back. For the past two years we have had flooding problems in our basement from the irrigation water on the Owen brother's property, which the tenant is Jim Vogel. Last August 1995 we called Jim Vogel which is Mike Owen 's tenant and told him that his irrigation water was washing out the 26 3/4 , the culvert and in our basement of our home . Jim Vogel told us that he couldn't shut off the water or he would ruin his crop at the corner of our road. So in meantime the water height came up to ten inches in our basement and completely ruined everything we had down there, we called Allstate Insurance company and told them what happened and they told us that there was nothing they could do, due to the fact that the cause of the damage to our basement was called surface water, manmade by the irrigation of the corner field. Which washed out the road ,and the culvert and closed the road for several days. We called Mike Owen and had him come out and check the damage of the road and culvert and the basement of our home. between Mike Owen and Jim Vogel they decided to clean out the ditch that goes through our property , that was in September of 1995. Mike Owen said that there is a problem with water on the corner of 263/4 on the west end of the Timko's property. So after the amount of $15,000 damage, what lays ahead in the future of the property we live on. Nobody has helped us , Jim Vogel, which is the tenant of Mike Owen hasn't offered to help clean up the mess the flooding has caused. If anybody is interested the mess still exists except for the damaged carpeting we have taken out of the basement. All the dry wall and equipment are still there if anybody is interested in it. I will be there February 6, 1:30 P.M. to confront anybody that has anything to say in this matter. Sincerely , _ ✓ Mr. & Mrs. J. Timko I EXHIBIT 960508 32— sR— //0 2 Hello