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Home My WebLink About20242981.tiffISO COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources NOTICE Consideration of 112c Construction Materials Reclamation Permit Application DATE: December 16, 2024 TO: Weld County Commissioners 1150O St P.O. Box 758 Greeley, CO 80631 RE: Farmers Sand, File No. M-2024-057 RECEIVED DEC 16 2024 WELD COUNTY COMMISSIONERS Please be advised that on December 16, 2024, The Farmers Reservoir and Irrigation Company, whose address and telephone number are 80 South 27th Avenue, Brighton, CO 80601; (303) 659-7373, filed an application to conduct a(n) Surface mining and reclamation operation, at or near Section 3, Township 3N, Range 65W, 06th Principle Meridian, in Weld County. Please be advised that the permit area may be located in more than one Section, Township, and Range. Affected lands will be reclaimed to support a(n) Developed water resources post -mining land use. The application decision date is scheduled for March 16, 2025. A copy of the application is available for review at the Weld County Clerk & Recorder's office and at the office of the Division of Reclamation, Mining and Safety. The application, as well as all other permit documents, can also be viewed at https://dnrweblink.state.co.us/drms/search.aspx by searching M2024057 in the "Permit No" field. A user guide is available to help first time users of the imaged document system and can be viewed at https://drive.google.com/file/d/118OUdf Mpjo3kxIHkP5hMH-w7MeBtxX7/view. To be considered in the review process, comments or objections on the application must be submitted in writing within twenty (20) days of the date of the last newspaper public notice. You should contact the applicant for the newspaper publication date. The Office will assume you have no comment or objection to the proposed activity if none are received by the end of the public comment period. If you need additional information or have any questions regarding the above -named application, please contact Chris M. Girardi at the Division of Reclamation, Mining and Safety, 1313 Sherman Street, Room 215, Denver, CO 80203, by telephone at (720) 793-3041, or by email at Chris.girardi@state.co.us. M -AP -05A Physical Address: 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 Mailing Address: DRMS Room 215, 1001 E 62nd Ave, Denver, CO 80216 https://drms.colorado.gov Jared S. Polis, Governor I Dan Gibbs, Executive Director I Michael A. Cunningham, Director �u►�I} L tReu i el.o eci "i'L. (Dt CRI M Kt I DA -I DA -O4 K) , 17-13o 17-4 l CCAu jc,K IDI, Dig! 513) ZoZt4 -Zg81 STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 CONSTRUCTION MATERIALS REGULAR (112) OPERATION RECLAMATION PERMIT APPLICATION FORM COLORADO DIVISION OF RECLAMATION MINING SAFETY CHECK ONE: ■ There is a File Number Already Assigned to this Operation Permit # M - - - (Please reference the file number currently assigned to this operation) IX 1 New Application (Rule 1.4.5) Conversion Application (Rule 1.11) i Amendment Application (Rule 1.10) Permit # M -2024-057 - (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 ORIGINAL and one (1) copy of the completed application form, two (2) 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): The Farmers Reservoir and. Irrigation Company 1.1 Type of organization (corporation, partnership, etc.): 2. Operation name (pit, mine or site name): Farmers Sand 3. Permitted a ew ore fisting site): 3.1 Change in acreage (+) 3.2 Total acreage in Permit area 4. Fees: 4.1 4.2 4.4 4.5 New Application New Quarry Application Amendment Fee Conversion to 112 operation (set by statute) 5. Primary commoditie(s) to be mined: sand & tines 1 .6 M to n s/ r 5.1 Incidental commoditie(s) to be mined: 1. lbs/Tons/yr 2. 3208 permitted acres 0 acres 3208 acres $2,696.00 application fee $3,342.00 quarry application $2,229,00 amendment fee $2,696.00 conversion fee lbs/Tons/yr 3. lbs/Tons/yr 4. / lbs/Tons/yr 5. i lbs/Tons/yr . Sold to O&G and construction companies. See 5.2 Anticipated end use of primary commoditie(s) to be mined.. Exhibit D - Mining Plan 5.3 Anticipated end use of incidental commoditie(s) to be mined: Public Review 12/09/24 cc: PL (DE/ER/MN/DA/DA/MK), PW (CH/CK/DD/DN/SB) 12/04/24 2024-2981 6. Name of owner of subsurface rlatsofaffected land: The Farmers Reservoir and Irrigation Company If 2 or more owners, "refer to Exhibit O". 7. Name of owner of surface of affected land: _ 8. Type of. linieratiOnse vs. A., Suriacc The Farmers Reservoir and Irrigation Company, REI LLC, REI Lia flit COI Beebe Draw Farms Authority Underground 9. Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN (check one): SECTION (write number): TOWNSHIP (write number and check direction): RANGE (write number and check direction): QUARTER SECTION (check one): QUARTER/QUARTER SECTION (check one): 6th (Colorado) la 10th (New Mexico) Ute s 03, 04. 09 10, 11, 14, 15, 22, 23 T 3.0 X North R 65.0 ■ East NW J South RiWest E )171 SW SE SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): Nearest Town: Platteville 9.6 miles West Elevation 4800.00 feet 10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) (W) 39° 44' 12.98" 104° 59' 3.87" Latitude (N): deg min sec . (2 decimal places) Longitude (W): deg min sec (2 decimal places) OR Example: (N) 39.73691° (W) -104.98449° Latitude (N) 40.21825 (5 decimal places) Longitude(W) -104,65913 (5 decimal places) OR Universal Tranverse Mercator (UTNI) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum (specify NAD27, NAD83 or WGS 84) Nad 83 Zone 13 {P fy Easting Northing 11. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: Scott Edgar Titie:General Manager The Farmers Reservoir and Irrigation Company 80 South 27th Avenue Brighton P.O. Box: CO Zip Code: 80601 ( 303 )-_6.5_9=7_313 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: INSPECTION CONTACT Contact's Name: Company Name: Street/P.O. Box: City: . State: Telephone Number: Fax Number: Lisa Shea Title: Senior Engineer Ecological Resource Consultants 12345 W. Alameda Parkway #206 Lakewood P.O. Box: CO Zip Code: 80228 ( 303 ) - 679-4820 x110 ( 720 1- 403-9879 Scott Edgar Title: General Manager The Farmers Reservoir and Irrigation Company 80 South 27th Avenue Brighton P.O. Box: CO 303 ) CC: STATE OR FEDERAL LANDOWNER - 659-7373 Agency: Street: City: State: Telephone Number: Zip Code: 80601 if an Zip Code: CC: STATE OR FED ER/U. LANDOWNER INE (if any) Agency: Street: City: State: Telephone Number: Zip Code: 4 12. Prima r future f P'ostaminin g land use (check one): Pastureland(PL) Forestry(FR) Recreation(RC) _ Cropland(CR) RL Ran eland g ( ) Residential(RS) Developed Water Resources(WR) 13. Prima r,° present land use Cropland(CR) Rangeland(RL) Residential(RS) x check one General Agriculture(GA) Wildlife Habitat(WL) Industrial/Commercial(IC) Solid Waste Disposal(WD) Pastureland(PL) -_•- General Agriculture(GA) Forestry(FR) Wildlife Ilabitat(WL) Recreation(RC) Industrial/Commercial(IC) Developed Water Resources(WR) 14. Method of ining: Briefly explain mining method (e.g. truck/shovel): Dredge equipped with a cutter head & suction to remove solids as slurry from reservoir bottom & pumped to dewatering ponds - See Exhibit D - Mining Plan. 15. On Site Processing: Crushing/screeninSlurry is currently being dewatered using settling ponds 13.1 Briefly explain mining method (e.g. truck/shovel): and a vortex cyclone. Future plans are to install a sand plant. Dewatered material is hauled and placed in stockpiles. See Exhibit D - Mining Plan. List any designated chemicals or acid -producing materials to be used or stored within permit area: Fuel - 12,000 gallons, four - five 55 -gal drums motor & hydraulic oil, one 55 -gal drum brake cleaner, two 5 -gal buckets of cleaning liquid 16. Description of Amendment or Conversion: If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s). N/A s Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: L To the best of my knowledge, all significant, valuable and pert man-made stzuctare(s) in existence at the time this application is filed, and located within 200 fret of the proposed affected area have been identified in this application (Section M32.5-115 (4Xc), C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4Xf), 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 34-32.5-120, C.R.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 18.8403, C.R.S. lib form har been approved by the Mined Land Reclamation Board p'aat to section 3AI2.1I4„CZS., of the Colorado Lad Reclassolon Act for Eke Extraction ofConstruction Mataials. Any alintion or modWcatioa old*form shall malt in voiding any permit issued on the altered or form and subject the operator to cent and desist orders and civil penalties.for operating without a penult pursuant to union 3442 5423, CRS. Signed and dated this LA day of T)eoerja bir . �aa41- F 0 0 e- &Ice/ Applicant/Opeiator or Company Name Si Title: State of AP/0J gnati NnrraA r County of PK\ cx l'fl) )ss. If Corporation Attest {Scaly ' • �, ,, , �'i Signed: tzgaz "mu • -g t = - r tkt \ SEAL AZD ) Rye +�� • izi %,fr"Z'ci% s Corporate Secretaty or Equivalent Town/City/County Clerk The foregpipg instrument was acknowledged before Dim, this of c c e rn I ice`„ by C` irt‘ u ei t charrikei r:Priefred ;941)60 r MOLLY LO NOTARY pub STATE OF COLORADO NOTARY ID 20044013 01 OOMMINION EXPIRES MAY 8, 2028 2 You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a Notary Public MyCommission expires: SIGNATURES ES MUST BE IN BLUE MK A f ! 4 nets Sapid Mining Plan Mine Plan Oct 2024 will be an ongoing process throughout the mining operation as ground conditions evolve. Additionally, interim sediment control BMPs will be installed as needed to manage sediment and erosion during construction and until the site has been stabilized. The plan includes seven stockpiles, as illustrated in Drawings C-10 and C-11. Table 4.1 provides the available volume, approximate maximum height, and footprint area for each stockpile. Figure 4.2: Stockpile Development Constructed from Cyclone Underflow Table 4.1: STOCKPILE GEOMETRY Stock Stockpile p, Available volume Height Maximum Approx. (ft} Perimeter Length (ft)Comments Area (ac) Area eft ) Stockpile 1 700,000 40 790,000 18.1 4,870 Filled 2021- 2024 INi 4,400,000 110 2,700,000 62.0 10,113 Partially Filled 2024 N2 950,000 90 750,000 17.2 4, 000 N3 12, 000, 000 150 8,350 3,940, 000 90.4 N4 4,900,000 150 1,910,000 5,520 43.8 West 1,000,000 40 29.8 9,790 1,300,000 ; East 2,300,000 120 _ 1,200,000 27.5 4,300 DS Embank 863, 000 50 583,000 2,700 13.4 TOTAL 27,113,000 13,173,000 302.4 12 ax1ERC101 projects\342 Milton12203 Milton Dredge Project\02 ACADIMINE PERMIT\00 GA dwg, 12/3/2024 2:24:15 PM C:1UserslLisa\ERC Coioradc ti PLATTE VALLEY CANAL I BEEBE DRAW FARMS PKWY I I II 1 1 1 I L a WCR 32 MINE ENTRANCE la i Mpg I BEEBE SEEP CANAL qs) \tyli tres- IF I 1 EVANS #2 DITCH CHEVRON OIUGAS SITE C C *. L LAKE CHRISTINA I Tik MILTON RESERVOIR WCR 30 i LEGEND: Sio AFFECTED LAND GILMORE CANAL ier MILTON DAM WELD COUNTY ROAD 30 I I I I I I U DESCP:1P NON B A 12/03/24 11/01/24 RE -ISSUED FOR MINE PERMIT ISSUED FOR MINE PERMIT PREPARED Fr ECOLOGICAL RESOURCES CONSULTANTS, LLC 12345 W ALAMEDA PARKWAY SUITE 206 LAKEWOOD, CO 80228 I I I PLATTE IVALLEY 'N CANAL I I 1. I BEEBE DRAW FARMS PKWY I I I I I WCR 32 MINE ENTRANCE VJENT FARMERS RESERVOIR AND IRRIGATION COMPANY (FRICO) 1 PROJECT EVANS #2 DITCH - CHEVRON OILIGAS SITE C LAKE CHRISTINA lor MILTON RESERVOIR WCR 30 LEGEND: AFFECTED LAND FRICO PROPERTY REI LTD PROPERTY STOCKPILE AREA SETTLING POND PLANT SITE AREA GILMORE CANAL 1 MILTON DAM - - - WELD COUNTY ROAD 30 MCI - 11 U WCR 345 E NERES CANAL 2000 4000 Feet J 1 FARMERS SAND TITLE GENERAL ARRANGEMENT SHEET C-1 Jx1ERCt01 projects1342 Mi toni2203 Milton Dredge Project102 ACADIMINE PERMIll01 PLAN dwg, 12/3/2024 2:23:47 PM C:\Users1LisalERC Coloradc WEST STOCKPILE (APPROX. CONFIGURATION BASED ON STORAGE OF MATERIALS FROM IN-RES SETTLING PONDS) EXISTING GROUND SURVEY COMPLETED BY AYERS 1N 2OI BASE[ ON NAD83 COLORADO STATE PLANES, NORTH ZONE, US FOOT. VERTICAL DATUM BASED ON NGVD29. 11/01/24 DESCRIPTION ISSUED FOR MINE PERMIT STOCKPILE 1 SAND PROCESSING PLANT WELD COUNTY ROAD 32 MINE ENTRANCE PREPARED BY ECOLOGICAL RESOURCES CONSULTANTS, LLC 12345 W ALAMEDA PARKWAY SUITE 206 LAKEWOOD, CO 80228 2000 Feet CU041 FARMERS RESERVOIR AND IRRIGATION COMPANY (FRICO) NOTES: 1. EXISTING GROUND SURVEY WAS COMPLETED IN 2004 WHEN THE RESERVOIR LEVEL WAS APPROXIMATELY 23 FT BELOW THE EMBANKMENT CREST, PHOTOGRAMMETRIC MAPPING AND HYDROGRAPHIC SURVEY WERE COMPLETED. CHANGES TO THE TOPOGRAPHY SINCE THAT TIME INCLUDE THE ADDITION OF THE NORTH DREDGE, PARTIAL DEVELOPMENT OF STOCKPILES 1 AND N1, ADDITION OF THE CHEVRON OIL/GAS PADS. TOPOGRAPHY IN THE NORTH DREDGE PONDS IS BASED ON DESIGN CONFIGURATION AND ESTIMATED IN THE AREA OF THE N1 STOCKPILE. 2. SLURRIED MATERIALS FROM THE DREDGE WERE DEPOSITED IN THE IN-RES SETTLING PONDS IN 2021 AND 2022. MATERIALS HAVE BEEN DRYING SINCE THAT TIME AND THE DRIER MATERIALS WILL BE HAULED TO STOCKPILE 1 AND/OR THE WEST STOCKPILE. THE SETTLING PONDS WILL BE RESTORED TO THEIR ORIGINAL CAPACITY. LEGEND: -- EXISTING GROUND CONTOURS AND ELEV (5' INTERVAL) ain EXISTING HAUL ROAD ��- EXISTING LIGHT VEHICLE AND FUTURE HAUL ROAD POTENTIAL FUTURE HAUL ROAD STOCKPILE p SETTLING POND DREDGE DISCHARGE PIPELINE CYCLONE OVERFLOW OR PLANT DISCHARGE PIPELINE FARMERS SAND END OF 2025 PLAN SOUTH SIDE Jx1ERC101 projects1342 MiIton12203 Milton Dredge Project102 ACADIMINE PERMIll01 PLAN dwg, 12/3/2024 2:20:50 PM C:IUsers\Lisa\ERC Colorado PLATTE VALLEY CANAL NORTH SETTLING PONDS -\\N SOUTH SETTLING PONDS (SEE NOTE 3) EXISTING GROUND SURVEY COMPLETED BY AYERS IN 2004 BASED ON NAD83 COLORADO STATE PLANES, NORTH ZONE, US FOOT. VERTICAL DATUM BASED ON NGVD29. t 1/0 I/24 DESCRIPTION ISSUED FOR MINE PERMIT N3 STOCKPILE PRE3We III ECOLOGICAL RESOURCES CONSULTANTS, LLC 12345 W ALAMEDA PARKWAY SUITE 206 LAKEWOOD, Co 80228 EVANS 42 DITCH GAUGED OISCEIA.RGE TO EVANS I't2 CIJEHT FARMERS RESERVOIR AND IRRIGATION COMPANY (FRICO) LAKE CHRISTINA PROJECT NOTES: 1. EXISTING GROUND SURVEY WAS COMPLETED IN 2004 WHEN THE RESERVOIR LEVEL WAS APPROXIMATELY 23 FT BELOW THE EMBANKMENT CREST. PHOTOGRAMMETRIC MAPPING AND HYDROGRAPHIC SURVEY WERE COMPLETED. CHANGES TO THE TOPOGRAPHY SINCE THAT TIME INCLUDE THE ADDITION OF THE NORTH DREDGE, PARTIAL DEVELOPMENT OF STOCKPILES 1 AND N1, ADDITION OF THE CHEVRON OIL/GAS PADS. TOPOGRAPHY IN THE NORTH DREDGE PONDS IS BASED ON DESIGN CONFIGURATION AND ESTIMATED IN THE AREA OF THE N1 STOCKPILE. 2. STORAGE WITHIN THE STOCKPILES WILL DEPEND ON THE AMOUNT OF MINED MATERIALS SOLD. FOR CONSERVATISM, THE STOCKPILE LOADING SHOWN ON THE PLAN INCLUDES STORAGE FOR 5 YEARS OF MINING AT AN AVERAGE MINING RATE OF 1.2 MILLION (M) CY/YR PLUS THE ESTIMATED 1.0 MCY PREVIOUSLY PLACED IN THE N1 STOCKPILE 1N 2024 FOR A TOTAL OF 7 MCY. 3. THE SOUTH SETTLING PONDS ARE SHOWN ARE ASSUMED TO BE CONSTRUCTED AT THE END OF YEAR 5. ACTUAL CONSTRUCTION WILL DEPEND ON MORE DEVELOPED PLANS FOR THE SAND PLANT OPERATION AND ANY CHANGES TO ACCOMMODATE THE THE DREDGING OPERATION. GILMORE CANAL LOW LEVEL OUTLET WORKS MILTON RESERVOIR FARMERS SAND TITLE LEGEND: EXISTING GROUND CONTOURS AND ELEV (5' INTERVAL) EXISTING HAUL ROAD EXISTING LIGHT VEHICLE AND FUTURE HAUL ROAD POTENTIAL FUTURE HAUL ROAD STOCKPILE S SETTLING POND DREDGE DISCHARGE PIPELINE CYCLONE OVERFLOW OR PLANT DISCHARGE PIPELINE EMERGENCY SPILLWAY END OF YEAR 5 PLAN NORTH SIDE 2000 Feet SHEET C-8 ox\ERC\01 projects1342 Milton12203 Milton Dredge Project\02 ACAD1MINE PERMIT\01 PLAN dwg, 12/3/2024 2:21:27 PM C:\Users\Lisa\ERC Colorado, HYURU•CYCLC`FE • STOCKPILE I - WEST STOC P;i y WELD COUNTY ROAD 32 EXISTING GROUND SURVEY COMPLETED BY AYERS IN 2004 BASED ON NAD83 COLORADO STATE PLANES. NORTH ZONE, US FORT. VERTICAL DATUM BASED ON NGVD2., DESCRIPTION !SUED FOR MINE MOM' SAND PROCESSING P,5r4T PREPARED UT ECOLOGICAL RESOURCES CONSULTANTS, LLC 12345 W ALAMEDA PARKWAY SUITE 206 LAKEWOOD, CO 80228 DREDGE DISCHARGE PIPE (EXAMPLE ALIGNMENT) cur FARMERS RESERVOIR AND IRRIGATION COMPANY (FRICO) EXAMPLE DREDGE LOCATION MILTON RESERVOIR FARMERS SAND NOTES: 1. EXISTING GROUND SURVEY WAS COMPLETED IN 2004 WHEN THE RESERVOIR LEVEL WAS APPROXIMATELY 23 FT BELOW THE EMBANKMENT CREST. PHOTOGRAMMETRIC MAPPING AND HYDROGRAPHIC SURVEY WERE COMPLETED. CHANGES TO THE TOPOGRAPHY SINCE THAT TIME INCLUDE THE ADDITION OF THE NORTH DREDGE, PARTIAL DEVELOPMENT OF STOCKPILES 1 AND N1, ADDITION OF THE CHEVRON OIL/GAS PADS. TOPOGRAPHY IN THE NORTH DREDGE PONDS IS BASED ON DESIGN CONFIGURATION AND ESTIMATED IN THE AREA OF THE N1 STOCKPILE. 2. STORAGE WITHIN THE STOCKPILE WILL DEPEND ON THE AMOUNT OF MINED MATERIALS SOLD. FOR CONSERVATISM, THE STOCKPILE LOADING SHOWN ON THE PLAN INCLUDES STORAGE FOR 5 YEARS OF MINING AT AN AVERAGE MINING RATE OF 1.2 MILLION CY/YR OR 7 MILLION CY. TITLE LEGEND: EXISTING GROUND CONTOURS AND ELEV (5' INTERVAL) ---- EXISTING HAUL ROAD EXISTING LIGHT VEHICLE AND FUTURE HAUL ROAD POTENTIAL FUTURE HAUL ROAD STOCKPILE CO SETTLING POND DREDGE DISCHARGE PIPELINE CYCLONE OVERFLOW OR PLANT DISCHARGE PIPELINE 1000 .2000 END OF YEAR 5 PLAN SOUTH SIDE C:\Users\Lisa\ERC Colorado 1 EXISTING GROUND SURVEY COMPLETED BY AYERS IN 2004 BASED ON NAD83 COLORADO STATE PLANES, NORTH ZONE, US FOOT. VERTICAL DATUM BASED ON NGVD29. BEV A DATE 11/01/24 N3 STOCKPILE PLATTE VALLEY CANAL NORTH SETTLING PONDS -. SOUTH SETTLING PONDS DESCRIPTION ISSUED FOR MINE PERMIT PREMED BY ECOLOGICAL RESOURCES CONSULTANTS, LLC 12345 W ALAMEDA PARKWAY SUITE 206 LAKEWOOD, CO 8O228 EVANS #2 DI TCH N2 STOCKPILE MIXING TANK 0 WENT FARMERS RESERVOIR AND IRRIGATION COMPANY (FRICO) PROJECT NOTES: 1. EXISTING GROUND SURVEY WAS COMPLETED IN 2004 WHEN THE RESERVOIR LEVEL WAS APPROXIMATELY 23 FT BELOW THE EMBANKMENT CREST. PHOTOGRAMMETRIC MAPPING AND HYDROGRAPHIC SURVEY WERE COMPLETED. CHANGES TO THE TOPOGRAPHY SINCE THAT TIME INCLUDE THE ADDITION OF THE NORTH DREDGE, PARTIAL DEVELOPMENT OF STOCKPILES 1 AND N1, ADDITION OF THE CHEVRON OIL/GAS PADS. TOPOGRAPHY IN THE NORTH DREDGE PONDS IS BASED ON DESIGN CONFIGURATION AND ESTIMATED IN THE AREA OF THE N1 STOCKPILE. 2. THIS LAYOUT IS BASED ON AN ULTIMATE CONFIGURATION ASSUMING MOST OF THE MATERIAL REMOVED FROM THE RESERVOIR BASIN ARE STOCKPILED ON THE ADJACENT LANDS. THE DEMAND FOR PURCHASE OF THE MINED SAND WILL DICTATE THE STOCKPILE SIZING. 3. THE BASIN EXCAVATION PLAN IS BASED ON MAINTAINING A POSITIVE GRADIENT TOWARD THE LOW LEVEL OUTLET WORKS LAKE CHRISTINA ' GILIIIORE CANAL LOW LEVEL OUTLET WORKS MILTON RESERVOI MILTON DAM FARMERS SAND VILE LEGEND: EXISTING GROUND CONTOURS AND ELEV (S' INTERVAL) EXISTING HAUL ROAD EXISTING LIGHT VEHICLE AND FUTURE HAUL ROAD POTENTIAL FUTURE HAUL ROAD STOCKPILE q SETTLING POND DREDGE DISCHARGE PIPELINE - CYCLONE OVERFLOW OR PLANT DISCHARGE PIPELINE EMERGENCY SPILLWAY ULTIMATE LAYOUT PLAN NORTH SIDE 2000 Feet SHEET C-10 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 Farmers Reservoir and Irrigation Company (the "Applicant/Operator") has applied for a Regular (112) reclamation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials operations in Weld County. The attached information is being provided to notify you of the location and nature of the proposed operation. The entire application is on file with the Division of Reclamation, Mining, and Safety (the "Division") and the local county clerk and recorder. reservoir/dam maint., monitoring, The applicant/operator proposes to reclaim the affected land to & oil/gas operations access use. Pursuant to Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Board of County Commissioners before approving of the post -mining land use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within twenty (20) days of the date of last publication of notice pursuant to Section 34-32.5-112(10), C.R.S. If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567. NOTE TO APPLICANT/OPERATOR: You must attach a copy of the application form to this notice. If this is a notice of a change to a previously filed application you must either attach a copy of the changes, or attach a complete and accurate description of the change. lW(,thliL evi�.tJ "113)74 RECEIVED NOV 06 2024 WELD COUNTY COMMISSIONERS 1 PAGE OF DOCUMENT INCLUDED IN PAPER FILE. REMAINDER RETAINED ELECTRONICALLY IN TYLER. 121- CAi,� �D �N�5t3�PMK), Tu.) (,++I ttl$-v-I 2024-2981 STATE OF COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman St., Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 CONSTRUCTION MATERIALS REGULAR (112) OPERATION RECLAMATION PERMIT APPLICATION FORM CHECK ONE: LJ There is a File Number Already Assigned to this Operation Permit# # M - COLORADO DIVISION OF RECLAMATION MINING SAFETY (Please reference the file number currently assigned to this operation) New Application (Rule 1.4.5) FL Amendment Application (Rule 1.10) Conversion Application (Rule 1.11) Permit # M - - (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 ORIGINAL and one (1) copy of the completed application form, two (2) 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 Derwin: Farmers Reservoir and Irrigation Company 1.1 Type of organization (corporation, partnership, etc.): 2 Operation name (fittmine or site namel: Farmers Sand 3 Permitted acreage (new or existing site): 3.1 Change in acreage (+) 3.2 Total acreage in Permit area 4. Fees: 4.1 4.2 4.4 4.5 New Application New Quarry Application Amendment Fee Conversion to 112 operation (set by statute) 5 Primary commoditie(s) to be mined: sand & fines 1.011/1 to n sf y r 5.1 Incidental commoditie(s) to be mined: 1. lbs/Tons/yr 2. 3208 permitted acres acres 3208 acres $2,696.00 application fee $3,342.00 quarry application $2,229.00 amendment fee $2,696.00 conversion fee lbs/Tons/vr 3. ,r` lbs/Tonsjyr 4. / lbs ions/yr 5. / lbs/Tons/y_r. . Sold to O&G and construction companies. See 5.2 Anticipated end use of primary commoditie(s) to be mined.. Exhibit D - Mining Plan 5.3 Anticipated end use of incidental commoditie(s) to be mined: 6. Name of owner of subsurface rights of±affected land: Farmers Reservoir and Irrigation Company If 2 or more owners, "refer to Exhibit 0". 7. Name of owner of surface of affected land: 8. Type of mining operation: n Farmers Reservoir and Irrigation Company, REI LLC, REI Liability CO, Beebe Draw Farms Authority Surface I I Underground 9 Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN (check one) : SECTION (write number): TOWNSHIP (write number and check direction): RANGE (write number and check direction): QUARTER SECTION (check one): QUARTER/QUARTER SECTION (check one): i X 6th (Colorado) 10th (New Mexico) Ute s 03, 04, 09, 10, 11, 14, 15, 22, 23 X I North South r1East X West T 3.0 R 65.0 NE J NE NW SE E SW SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): Nearest Town: Platteville 9.6 miles West Elevation 4800.00 feet 10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) (W) 390 104° 44' 12.98" 59' 3.87" Latitude (N): deg min sec Longitude (W): deg min sec OR Example: (N) 39.73691 (W) -104.98449° 0 (2 decimal places) (2 decimal places) Latitude (N) 40.21825 (5 decimal places) Longitude(W) -104.65913 (5 decimal places) OR Universal Tranverse Mercator (VTMJ Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum (specify NAD27, NAD83 or WGS 84) _ Easting Northing Nad 83 13 Zone 3 11. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: Scott Edgar Title: General Manager Farmers Reservoir and Irrigation Company 80 South 27th Avenue P.O. Box: Brighton CO Zip Code: 80601 ( 303 ) - 659-7373 PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: INSPECTION CONTACT Contact's Name: Company Name: Street/P.O. Box: City: State: Telephone Number: Fax Number: CC: CC: Lisa Shea Title: Senior Engineer Ecological Resource Consultants 12345 W. Alameda Parkway #206 P.O. Box: Lakewood CO Zip Code: 80228 1 303 ) - 679-4820 x110 720 ) - 403-9879 Scott Edgar Title: General Manager Farmers Reservoir and Irrigation Company 80 South 27th Avenue P.O. Box: Brighton CO L _ 303 _ 659-7373 Zip Code: 80601 STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Telephone Number: ( _) Zip Code: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Telephone Number: Zip Code: C 15. On Site Processing: 12. Prima future (Post -mining) land use (cheek one): Cropland(CR) 7 Pastureland(PL) General Agriculture(GA) rei Rangeland(RL) fal Forestry(FR) Wildlife Habitat(WL) Residential(RS) Recreation(RC) Industrial/Commercial(IC) Developed Water Resources(WR) jjSolid Waste Disposal(WD) 13. Primary )resent land use (check nat Cropland(CR) Pastureland(PL) General Agriculture(GA) I___[Rangeland(RL) Forestry(FR) _ Wildlife Habitat(WL) Residential(RS) Recreation(RC) IndustriaUCommercial(IC) Developed Water Resources(WR) X 14. Method of Mining: Briefly explain mining method (e.g. truck/shovel): Dredge equipped with a cutter head & suction to remove solids as slurry from reservoir bottom & pumped to dewatering ponds - See Exhibit D s Mining Plan. _17 Crushing/screeninSlurry is currently being dewatered using settling ponds 13.1 Briefly explain mining method (e.g. truck/shovel):and a vortex cyclone. Future plans are to install a sand plant. Dewatered material is hauled and placed in stockpiles. See Exhibit D - Mining Plan. List any designated chemicals or acid -producing materials to be used or stored within permit area: 16. Description of Amendment or Conversion: If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s). N/A Maps and Exhibits: Two (2) complete, unbound application packages must be submitted. One complete application package consists oft signed application form and the set ofnaaps and exhibits referenced below a& Exhibits A -S, Midendinn 1, and the Geotechnical Stability Exhibit Each exhibit within the application mat be presented as a separate section. Begin each exhibit on a new page. Pages show 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 two (2) signed application forms, you must submit a corresponding set of the maps and exhibits u described in the following references to Rule 6.4, 6.5, and 1.6.2(10): EXHIBIT A - IBiT B EXHIBIT C EXHIBIT EXHIBIT E EXHIBIT F EXHIBIT O EXHIBIT H =MIT I Ewan J EXHIBIT K EXHIBIT L EXHIBIT M EXHIBIT N EXHIBIT 0 EXHIBIT P EXH]BIT Q EXHIBIT R EXH1BTT S Rule 1.6.2(1)(b) Rule 6.5 Legal Description Index Map Pie -Mining and Mining Plan Maps) of Affected Lands Mining Plant Reclamation Plan Reclamation Plan Map Water Information Wildlife Information Soils Information Vegetation Infonnation Climate ration Reclamation Costs Other Permits and Licenses Source of Legal Right -To -Enter Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined Municipalities Within Two Miles Proof of Mailing of Notices to County Onanissionera and 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- 3, Addendum 1, and Geoteclmical Stability Exhibit aid 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 infotmation required, or would like to schedule a pyre -application meeting you may contact the Office at 303466-3567. Responsibilities as a Permittee: Upon application approval and permit issuance, this application becomes a legally 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 of lundentand these obligations then please contact this Office for a full explanation. 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; - b - 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 permitter 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 lined 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. $. It is a provision of this permit that the operations will be conducted in accordance withthe 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 ofpemnit 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 ofJuly 1,1995, the annual fee is for the period ofJuly 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 joint yentw partnrshi.p pesters: the signing representative is authorized to sign this document and a power of attorney (provided by the partn+or(s}D authorizing the signature of the representative is attached to this application. 7 NOTE TO COM1VIENTORS/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. Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. To the best of nay 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 34-32.5-115(4)(e), C.R.S.). 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(f, 3. As the applicantfoperator, 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 34-32.5-120, C.R.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. This form hos been approved by the Mined Land Redamaikne Board pFormto section 34-42.5412, C1&S., of the Colorado Land Reclamation Act, for the Extraction of Construction Materials Any alteration or mmosVcation of thisform shall resin in voiding permit isswed on the altered or modified form and subject the operator to cease and desist orders and ctrl penalties for operating without a penal tpursuant to section 34.32.5-123, CR.Sf "ivied and dated this �" day of, MIS Applicants/ , or Company Name Signed: Title: 1 State of en 10 ra4o County of Rd osv comecod If Corporation Attest (Seal) ■ F� , 1 "'yy5jjj '. .tip, �.��.��.►i Y��I. f#i. •. t‘etPi1t + r 4,4 •e # r i co�� CO, 7J U •• 111 f e=��VVV � : r . r (2— RICO f a O i +f • A ay \ SEAL a . •• i r • .0%to O1 +1 A .' a. Corporate Secretary or Equivalent Town/City/County Clak The foregoing instrument was acknowledged before me this _ _5 day of Karl -T) tart& FloiL (IC r -ate 5e0? MOLLY LOCKHART NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20044013601 MY COMMISSION EXPIRES MAY 6, 2028 My Commission expires: SIGNATURES MUST BE TN BLUE INK You inust post sufficient Notices at the location of t e proposed mine site to clearly identify the site as the location of a EXHIBIT A LEGAL DESCRIPTION MAP LEGEND • Existing Haul Roads Affected Land (3,208 acres) BLM PLSS Sections Sections 03, 04, 09, 10, 11, 14, 15, 22, 23 Township 3N Range 65W CsIIeRCock Prepared By: � ERC 12345 W. Alameda Pkwy Suite 206 Lakewood, CO 80228 (303) 679-4820 ERC #: 342-2203 Projection: NAD 7983 StatePian e Colorado North FAPS 0501 Feet EXHIBIT A - LEGAL DESCRIPTION AND LOCATION MAP FARMERS SAND WELD COUNTY, COLORADO APPLICANT: FRICO DATE: 10/11/24 EXHIBIT B INDEX MAPS Prepared By: 12345 W Alameda Pkwy Suite 206 Lakewood, CO 80228 (303) 679-4820 ERC #: 342-2203 Louisville 6,500 13,000 26,000 Feet Projection: NAD 7983 StatePlane Colorado North FIPS 0507 Feet aacono a" • • • c \> a • I C, • it Lupton • b 0 • of J. a 1 • d ,j • s • ADAMS COUNTY gei WELD COUNTY Y It• % • • • EXHIBIT B INDEX MAP FARMERS SAND WELD COUNTY, COLORADO 4 f S. r • PLICANT FRICO 10O1 /2 PREPARED BY ERC EXHIBIT C PRE -MINING AND MINING PLAN MAPS OF AFFECTED LAND Prepared By: 12345 W Alameda Pkwy Suite 206 Lakewood, CO 80228 (303) 679-4820 ERC #: 342-2203 COLORADO STATE OF FRANK 'MARJORIE A 1 000 2 000 Projection: NAD 7983 StatePlane Colorado North PPS 0507 Feet DRAM_ FARMS AUTHORITY i �4R1>'+IELIUS,,, JANE EVANS RITCHEY EY JOEL E SARCHET DENNY W MAP LEGEND Affected Land (3,208 acres) Weld County Assessor Parcels (within 200 feet) Farmers Reservoir and Irrigation Company REI LTD Liability Company Other Weld County Parcels FORD LONNIE R 41D '4WELZIG JAMES CARSON TONY,W LEIrlAS DOROTHEA M � 3 HAAS _ SHERALYN FAYE EXHIBIT C (a) - ADJOINING SURFACE OWNERS OF RECORD FARMERS SAND WELD COUNTY, COLORADO APPLICANT FRICO 10/30/24 PREPARED BY ERC r =r MAP LEGEND Existing Contours 1 foot • Existing Haul Roads Affected Land (3,208 acres) ♦ ERC 12345 W, Alameda Pkwy Suite 206 Lakewood, CO 80228 (303) 679-4820 ERC #: 342-2203 Prepared By: SHEET 2 SHEET 1,000 2,000 4,000 Feet Projection: NAD 1983 StatePlane Colorado North FIPS 0501 Feet • EXHIBIT C (c) — EXISTING TOPOGRAPHY (OVERVIEW) FARMERS SAND WELD COUNTY, COLORADO MAP LEGEND Affected Land (3,208 acres) Existing Contours 1 foot % /Existing Haul Roads Prepared By: 12345 W Alameda Pkwy Suite 206 Lakewood, CO 80228 (303) 679-4820 ERC #: 342-2203 Projection: NAD 7983 StatePlane Colorado North PPS 0507 Feet EXHIBIT C (c) — EXISTING TOPOGRAPHY (SHEET 2) FARMERS SAND WELD COUNTY, COLORADO 11/1/24 PREPARED BY: ERC Prepared By: 12345 W Alameda Pkwy Suite 206 Lakewood, CO 80228 (303) 679-4820 ERC #: 342-2203 Reservoir 300 600 1 200 Feet Projection NAD 1983 StatePlane Colorado North F1PS 0501 Feet EXHIBIT C (c) — EXISTING TOPOGRAPHY (SHEET 3) FARMERS SAND WELD COUNTY, COLORADO MAP LEGEND Affected Land (3,208 acres) Existing Contours 1 foot Existing Haul Roads 11/1124 12345 W Alameda Pkwy Suite 206 Lakewood, CO 80228 Prepared By: 12345 W Alameda Pkwy Suite 206 Lakewood, CO 80228 (303) 679-4820 ERC #: 342-2203 ¢807 Projection: NAD 7983 StotePlone Colorado North FIPS 0501 Feet FARMERS SAND WELD COUNTY, COLORADO MAP LEGEND Affected Land (3,208 acres) Existing Contours 1 foot % / Existing Haul Roads APPLICANT: FR[CO 11/1/24 PREPARED BY: ERC Prepared By: 12345 W Alameda Pkwy Suite 206 Lakewood, CO 80228 (303) 679-4820 ERC #: 342-2203 1,000 2,000 Projection: NAD 7983 StatePlane Colorado North FIPS 05177 Fee!' Milton Reservoir EXHIBIT C (d) - AFFECTED LAND MAP FARMERS SAND WELD COUNTY, COLORADO MAP LEGEND Affected Land (3,208 acres) Weld County Parcels APPLICAN FRno 11/1/24 PREPARED BY• ERC Prepared By: 12345 W Alameda Pkwy Suite 206 Lakewood, CO 80228 (303) 679-4820 ERC #: 342-2203 1,000 2.000 4 000 Feet Projection: NAD 1983 StatePlane Colorado North FIPS 0501 Feet MAP LEGEND Affected Land (3,208 acres) MI 192 - Western Great Plains Floodplain RP 194 - Western Great Plains Riparian Woodland and Shrubland 329 - Western Great Plains Sandhill Steppe 331 - Western Great Plains Shortgrass Prairie 458 - Inter -Mountain Basins Playa 556 - Cultivated Cropland 557 - Pasture/Hay 575 - Disturbed/Successional - Shrub Regeneration 579 - Open Water (Fresh) 581 - Developed, Open Space Milton Reservoir EXHIBIT C (e) - AFFECTED LAND VEGETATION COMMUNITIES MAP FARMERS SAND WELD COUNTY, COLORADO APPLECANt FRICO DATE: 11'?'? sREPARED BY: ERC Prepared By: 12345 W Alameda Pkwy Suite 206 Lakewood, CO 80228 (303) 679-4820 ERC it: 342-2203 COLORADO STATE OF 1.000 2 000 FRANK MARJORIE. A Projection: NAD 7983 StotePlane Colorado North FIPS 0507 Feet MAP LEGEND Affected Land (3,208 acres) Pipelines % / Existing Haul Roads Tank Batteries (AC - Active) Oil and Gas Wells (PR - Producing; SI-Shut In; TA -Temporarily Abandoned, DG - Drilling) Weld County Assessor Parcels (within 200 feet) Farmers Reservoir and Irrigation Company REl LTD Liability Company Other Weld County Parcels SHARON L '�-- 15300 CR 4i LLC RITCHEY JOEL E SARCHET DENNY W EXHIBIT C (g) - LAND OWNERSHIP AND SIGNIFICANT PERMANENT MAN-MADE STRUCTURES WITHIN 200 FEET FARMERS SAND WELD COUNTY, COLORADO APPLICANT: FRICO DATE: 11/1/24 PREPARED BY ERC Prepared By: 12345 W Alameda Pkwy Suite 206 Lakewood, CO 80228 (303) 679-4820 ERC #: 342-2203 Eo my Road 32 1.000 2,000 4,000 Feet Projection. NAD 7983 StatePlane Colorado North F/PS 0507 Feet MAP LEGEND Affected Land (3,208 acres) 10 - Ellicott -Ellicott sandy -skeletal complex, 0 to 3 percent slopes, rarely flooded 35 - Loup-Boel loamy sands, 0 to 3 percent slopes 44 - Olney loamy sand, 1 to 3 percent slopes 49 - Osgood sand, 0 to 3 percent slopes 69 - Valentsand, 0 to 3 percent slopes 70 - Valent sand, 3 to 9 percent slopes 72 - Vona loamy sand, 0 to 3 percent slopes 73 - Vona loamy sand, 3 to 5 percent slopes 85 - Water EXHIBIT C (h) - AFFECTED LAND NRCS SOILS MAP FARMERS SAND WELD COUNTY, COLORADO APPLICANT FRICO DATE 11/5/24 PRFPARED BY; ERG EXHIBIT D MINING PLAN MILTON RESERVOIR FARMERS SAND MINING PLAN October 2024 PREPARED FOR: Farmers Reservoir Irrigation and Company (FRICO) PREPARED BY: ECOLOGICAL RESOURCE CONSULTANTS, LLC 12345 W ALAMEDA PARKWAY LAKEWOOD, COLORADO 80228 A ERC Farmers Sand Mining Plan Mine Plan Oct 2024 Table of Contents 1.0 MINING METHOD .................. n ..... n....s....,,i..........i• 2.0 DEPOSIT TO 6E MINED 5 3.0 INTENDED USE OF MINED MATERIALS.......a....•.........s...*..i............• 9 4.0 MATERIAL HANDLING 9 4.1 Settling Ponds, OOOOOOOOOOOOOOO m.,.....O............4...,.e..t *.............O........... 10 4.2 Stockpiles. .... 4•......... e. ..#.e..t.........•4...b.....f..1 r..ae*a.i I11 4.3 Future Plant Operation • ...................... 5.0 PROJECT TIMEFRAME 6.0 HAUL ROADS •*.*.l.....eee.eee.ee!!!!le..r.*iel.l0..i......s...i•........l... .....e.....�.e s,�e... a.er.!l... 16 7.0 REFERENCES 16 List of Tables Table 2.1: PARTICLE SIZE ANALYSIS RESULTS — 2019 AND 2022 TESTING _.8 Table 4.1: STOCKPILE GEOMETRY List of Figures I.t... iii....ee......a.e■t.......i 12 Figure 1.1: Existing and Year 1 Operations Process Flow Diagram tap 4 Figure 1.2: Future Operations Process Flow Diagram ,...te........t...eet.t......t 0.............4 Figure 2.1: 2019 Drill Hole and 2022 Test Pit Locations*..t.ae...e.....r.....r..r....r.aial a 7 Figure 2.2: 2024 Dredge Material Particle Size Analysis****Vdiddv*sta*VV***00,0•6400 * 8 Figure 4.1: Settling Pond Outlet Schematic.....,..+...........................e.4............F4...*....a.., 11 Figure 4.2: Stockpile Development Constructed from Cyclone Underflow •...•.....,....q.12 2 ♦ ERC F ci.r iler 3 Sand Mining ,Pan Mine P i .3 n Oct 2024 1.0 MINING METHOD Throughout all phases of the operation, mining will involve extracting soil from the Milton reservoir basin, primarily targeting sand. The excavated materials will either be sold for construction use or stockpiled on - site. The mining plan involves removing sediments that have built up in the reservoir due to inflows, as well as the native materials beneath these sediments. The goal is to excavate the reservoir to a level that allows for gravity drainage through the existing low-level outlet, avoiding the creation of a dead pool. While the mining operation may be paused for economic reasons, it will be conducted in a way that ensures materials are extracted to maintain positive drainage toward the outlet conduits. The operation aims to restore and increase the water storage capacity in Milton while selling the mined materials for construction or hydraulic fracking sand. Currently, the demand for these materials looks promising, but future conditions remain uncertain. The removal method primarily employs a floating dredge operation. This dredge is equipped with a cutter head and suction system that extracts solids from the basin and transports them to the surface as a slurry. An on -board pump moves the slurry to the shore, where it is currently directed either into temporary holding bays for dewatering or to a cyclone system for solids -water separation. The dredged materials have a solids content of approximately 15% to 20% and require dewatering before being transported and placed into a stockpile. Dewatering is achieved using temporary holding/dewatering basins (settling basins) and/or a cyclone operation that utilizes vortex separation to remove soil particles from the water. The cyclone's underflow (solids) is either directly discharged into a stockpile or transported to a designated stockpile area for potential sale as construction material or for long-term storage. The water is then returned to the reservoir. The plan moving forward is to construct a sand plant that, once operational, will receive dredged materials directly. The plant will separate the sand particles to produce a sellable product suitable for hydraulic fracturing. By-products will include oversized materials, undersized materials, and water. The oversized materials will be stockpiled for potential use as construction material, while the undersized particles and water will be pumped as a slurry to a settling pond. The resulting solids could be utilized as a construction resource or stored in a permanent stockpile. Water will be returned to the reservoir by gravity through low-level drainage pipes or decanted over spillways. FRICO started removing materials from the basin via dredging in November 2021 and plans to continue the removal process for several more years (+10 years). The first year of mining operations will continue to follow the existing operations in that materials will be dredged and run through the cyclone to separate water and solids. The solids will be stockpiled and water will be directed back to the reservoir either via a settling pond or direct routing. The process flow diagram associated with the current and Year 1 operation is shown on Figure 1.1. The future process flow diagram with the sand plan operational is shown on Figure 1.2. 3 Farmers Sand Mining Plan Mine Plan Oct 2024 Figure 1.1: Existing and Year 1 Operations Process Flow Diagram \\st, MILTON RESERVOIR I 9,400 Lykiay Syrtis 15% b 20 Scrods T DREDGE DREDGE POND eatts%1 • (-2 % Muicnn ) SURGE TANK arly HYDRO CYCLONE Onatared Sand (- I9 to 24% Maestua) STOCKPILE (Permariant or Loidout) _ask au Figure 1.2: Future Operations Process Flow Diagram DREDGE 39k1wea- ra SLURRY SURGE TANK DREDGE POtor fa.;t 1531,0t4t htfilif sA` TIR COLLECT TAME i lc -Xi he id r rijaLE AAUP IAJPIN tax r I, STOCKPILE 1404104 L r 4 LNi[W ♦ enra:i1].a Q1TIfIC4 ritrwal dotal' *. I -in eint+no STOCKPILE (1:cv!dcri,ii) � ERC Th fT; .ar`?�:l !�/I!r! 1i� Phan e Plan Oct 2024 2.0 DEPOSIT TO BE MINED As stated previously, the initial objective of the dredging operation was to remove materials from the basin to restore and expand the water storing capacity of the reservoir. The constraints of the excavation are based on maintaining gravity drainage from the outer edges of the reservoir to the invert of the outlet pipes that extend under the dam. Using the inlet elevation of the outlet works as a low point in the grading, contours representing the maximum excavated surface were generated by radiating outward at a slope of 0.5%. Across the reservoir floor there will be an approximate 5 foot elevation difference. Equipment on the dredge is used to monitor excavation elevations. The proposed ultimate excavated surface is shown on Drawing C-2. Dredging of the basin will occur in four quadrants by focusing on a single area before moving onto another area. Area 1, where current operations have been focused, is located in the northwest quadrant of the reservoir. Dredging will occur in a counterclockwise direction with Area 2 being the southwest quadrant, Area 3 the southeast, and Area 4 the northeast. An isopach showing the estimated excavation depths within the basin is shown on Drawing C-3. The average excavation depth ranges between 12 to 13 feet with maximum excavations reaching 20 feet. The deepest regions of the excavation are in the northwest quadrant where the Platte Valley Canal enters the reservoir. It makes sense that this area would have a deep sandy sediment deposit as this type of material would be first to settle out. A geotechnical investigation was completed in 2019 to evaluate the properties of the accumulated sediments, to the extent possible, and the underlying native materials along the west shoreline of the reservoir. The investigation was completed in November when the reservoir was low exposing more of the reservoir basin ground surface, however, due to the soft nature of the basin materials, drilling was limited to a maximum distance of 400 feet from the shoreline. From this investigation, it was possible to get an understanding of the sediment characteristics along with the localized existing ground conditions even though the sampling was limited to only a small fraction of the entire reservoir. At this point of the project the primary intent of the project was to increase the water storage space within the reservoir by removing materials and stockpile materials around the lake into permanent fill areas. The investigation was done to develop an understanding of the materials to see if dredging was the best option for the removal process, to make business decisions, and to see from a broad perspective if the materials could potentially have a use for other off -site third -party construction projects. Once dredging began and it became evident that the materials being dredged were primarily sand with a large portion of the sand being of the grains sizes used in the oil and gas industry for fracking, the concept of being able to use the sand as a fracking material along with using the oversize and undersize materials for construction borrow sources became a possibility. The results of the 2019 investigation revealed three distinct stratums within the explored areas. Each stratum is summarized as follows. 1. Stratum 1: This layer consists of sediments or materials transported with flows into the reservoir over the course of 100 plus years since the dam was built. These materials consisted primarily of sand and were found at depth ranging between 5 to 15 feet deep. 5 � ERC Farmers Sand Mining Plan Mime Plan Oct 2024 2. Stratum 2: This layer starts at the sediment/native ground intercept and is characterized as clayey sand to sandy clay. 3. Stratum Three: Here the subsurface transitions into the weathered bedrock layer and consists of high plasticity, stiff clay. In addition to the 2019 geotechnical investigation, three test pits were excavated on the periphery of the lake near the In -Res Settling ponds and in April 2024, a sample of the dredged materials was obtained and tested. Samples from the 2022 test pit investigation were subjected to particle size analysis (PSA) and Atterberg limit testing and the results are in Table 2.1. About half of the samples tested consisted of silty sand while the other half classified as clayey sand. About 50% of the material was of a size that is desirable for use as frac sand. When the dredged sample was collected in 2024, a hydro cyclone had been added to the operation to more effectively remove a significant amount of water more quickly. Underflow (solids) from the cyclone were discharged and worked into a stockpile while overflow (water and fines) was fed to a settling pond. A sample was taken from both the underflow and overflow and PSA and Atterberg limits testing were completed on the samples. It was estimated that 70% of the dredged materials were coming out as underflow and 30% as overflow. Based on the ratio, a PSA test was recreated to represent the base material. These results are shown on Figure 3.2 and indicate that the material consists of 70% sand and 30% fines. The 70% sand portion is of a size that can be used for frac operations. 6 Farmers Sand Mining Plan Mine Plan Oct 2024 Figure 2.1: 2019 Drill Hole and 2022 Test Pit Locations - " L1 f( _jl '_i'1;(.,1 Farmers Sand Mining Plan Mine Plan Oct 2024 Table 2.1: PARTICLE SIZE ANALYSIS RESULTS - 2019 AND 2022 TESTING Depth (ft) Atterberg Limits Grain Size Analysis - Percent Passing Soil Classification Test Pit LL I PL 1 P1 #4 #10 1 #30 (0.6mm) #40 #140 (0.1mm) #200 I 2022 TEST PIT INVESTIGATION - North Dredge Ponds 22-1 5 NP NP NP 100 88 79 12 Sand 18 21 4 100 96 52 44 Silty/Clayey Sand 22-1 8 17 98 22-2 4 21 18 3 100 96 93 53 45 Silty Sand 100 22-2 4 21 16 5 96 92 48 39 Silty Sand 22-2 7 27 17 10 100 98 92 88 59 55 Sandy Clay 22-3 2-3 NP NP NP 100 90 83 28 18 Silty Sand 22-3 10-11 34 19 15 _ 100 99 97 75 68 Sandy Clay 2019 INVESTIGATION (Western Shoreline) - In Basin Sediments 5 NP 0 100 97 94 38 18 Silty Sand 3 NP NP 41 Clayey Sand 11A 10 26 14 12 0 100 96 94 54 100 86 12A 40 19 0 77 Lean Clay w/ Sand 3 2019 INVESTIGATION (Western Shoreline) In -Basin Native Ground 10 27 11 16 100. 98 96 62 54 Sandy Lean Clay 8 NP NP 100 93 83 78 30 24 Silty Sand 9 15 NP 20 31 12 12A 98 94 66 60 Sandy Lean Clay 19 100 1.00 0.90 0.80 0 70 8 0.60 .E 0,50 ro 0.40 0.30 0.20 0.10 0.00 10 1 Figure 2.2: 2024 Dredge Material Particle Size Analysis -#200 - Calculated Simulated Feed GA 0 01 Grain Size (mm) - - - U -How __ - - -Flow Pipe S U/O-Pipe Reconst --At— Frac Sand Fine End Frac Sand Coarse End 8 Ea? -r i-?ri Sand Mining Plan Mine Plan Oct 2024 No overburden will be removed within the deposit since the sand stratum starts immediately at the basin ground surface. The dredge will move positions in the reservoir to follow the sand deposit following the counterclockwise progression described above. 3.0 INTENDED USE OF MINED MATERIALS Given that the materials mined from the basin are not solely sand, the process generates by-products in addition to the primary commodity. The different materials are described below: PRIMARY COMMODITY: FINE SAND • Fine sand consists of particles sizes ranging from a #30 sieve (0.0232 in or 0.595 mm) to a #140 sieve (0.0041 in or 0.071 mm). • This sand is specifically intended for use in hydraulic fracturing (fracking) in the oil and gas industry. INCIDENTAL PRODUCT #1: COARSE SAND • This by-product includes coarse sand and occasional gravel that is generated during the screening process. • Coarse sand can be sold as a construction material, commonly used for applications such as concrete production or other earthwork operations. INCIDENTAL PRODUCT #2: SILT/CLAY • This by-product comprises silts and clays that are finer than the desired frac sand. • These materials can be sold to the construction industry for various earthwork applications, such as backfill or amended to create growth media. 4.0 MATERIAL HANDLING The slurried material pumped from the dredge to the shoreline can be handled in three primary ways: 1. RESERVOIR DREDGING: Dredging occurs for about 9 months every year between March and November. It does not occur in the winter due to freezing conditions and low reservoir levels. Approximately 1.5 million cubic yards of material is dredged on an annual basis. 2. SETTLING POND DISCHARGE: Slurry can be pumped directly into a settling pond, where it is deposited and spreads out since it is a liquid consistency. The solids are allowed to settle and drainage from an underdrain and skimmer system help to dewater the mass. The underdrain collects water that drains through the settled solids, while the skimmer helps to remove surface water. Once the solids have been sufficiently dewatered, they are excavated and moved to a stockpile. This stockpile serves either as permanent storage or as temporary storage for materials to be sold to the construction industry. 3. HYDRO -CYCLONE PROCESSING: Slurry can be pumped directly to a hydro -cyclone. This process separates a large portion of the solids from the water improving the efficiency of the operation by being able to immediately place solids into a stockpile. The cyclone equipment is moveable 9 1-_ Y';i E.-! ?.-I)' d "'dining ; Plan Atline Plan Oct 2024 such that the operation can be strategically positioned during the dredging operation to minimize the haul distance from the cyclone stockpile to the fill or other stockpile areas. 4. FUTURE SAND PLANT DIRECT PROCESSING: Future plans include sending slurried material directly to a sand plant. This will enable the separation of soils into specific grain sizes suitable for hydraulic fracturing operations. 4.1 SETTLING PONDS There are five In -Reservoir (In -Res) settling ponds that are located within an outer finger of the Milton Reservoir as shown on Drawing C-5. These were constructed in 2021 in preparation for the dredge operation and consist of adjoining cells separated by low embankments. The cells are constructed such that the crest elevation of the further west basin is one foot higher than the mid cell and the mid cell is one foot higher than the eastern basin. This allows water to overflow from one cell to another when they fill with solids. When the reservoir water level falls in the winter, water drains from the base of these cells. The typical operation involves removing the materials from these basins once the materials have dewatered sufficiently to allow the material to be loaded and transported with haul trucks. Currently the In -Res basins are full. During 2025, materials will be removed from these basins and transported to the West or Load Out Stockpile as shown on Drawings C-7, C-9 and C-11. After the initial year of the dredging operation, it was found that additional settling ponds were necessary to handle the volume of materials being generated from the dredge. Consequently, nine ponds were designed and four have been constructed as shown on Drawings C-5, C-7, C-9 and C-11. The ponds are located in the northwest section of the mine area and each has a capacity of approximately 90 ac -ft. The ponds are grouped as follows. Pond 1: Located furthest north, is a single pond. Pond Complex (Ponds 2, 3A, 3B, and 4): • Pond 2: Highest elevation in the complex. • Pond 3A and 3B: Intermediate ponds. • Pond 4: Lowest elevation; overflows back into Milton Reservoir. • These ponds are interconnected via overflow spillways. Southern Ponds (Ponds 5/6 and 7/8): Ponds 5 and 6: Connected with an overflow spillway. • Ponds 7 and 8: Connected with an overflow spillway. • Ponds cannot be continuously connected due to an oil and gas line interference. The ponds are irregularly shaped to follow the existing topography and facilitate water cascading from one pond to another through an overflow spillway. The ponds are configured to avoid oil/gas pipelines and workings and to optimize cut/fill to the extent possible. Embankments are limited to approximately 10 � ERC Fai Sand Mining Plan Mine Plan Oct 2024 10 feet high, have 3H:1V upstream slopes and 3H:1V downstream slopes with a 20 -foot -wide crest. Embankments are constructed of compacted fill materials placed in thin lifts. The downstream slope of the existing ponds were seeded and hydro mulched to provide a vegetative cover to reduce wind erosion. Any new ponds will be completed in this same manner. The ponds are designed with a drain systems where water can be removed from the basins via a flexible hose attached to a riser pipe that has an outlet pipe that extends under the embankment and ultimately back into the reservoir. A schematic of the outlet is provided in Figure 4.1. Figure 4.1: Settling Pond Outlet Schematic 24' dla HOPE (OR17) Bluer PIN; G' dla HOPE ISlInd Flange — w/ Flange Adapter veil Backup Flange 24H dlo iiD r wino rbngn w/ Flunge ArdM'atr:r 6 iivcicup F 6r -cc cir HOPE ply: %IL') */ W'elded HOPE Plate I 1G Pill c purr. ut pipe with cunt,1r;tu I -hating else 6' ale, F l�xlt;Ie HDPE Ho5.e v1/ I lace Adapter Dewatering has also been carried out using the existing ponds at the south end of the N1 stockpile (see Drawing C-4). To support the cyclone operation during the irrigation season when FR1CJ is using the Gilmore Ditch, these ponds may serve as temporary holding and clarification areas for slurried dredged materials. Once the water in the ponds has cleared, it will decant over the pond crest and flow into the Evans #2 ditch, ultimately reaching Christina Pond. Here, further clarification can occur before it flows into the Gilmore Ditch. 4.2 STOCKPILES Stockpiles have been strategically positioned within the mine area to make use of available space and maximize the amount of storage. The layouts included working around, providing sufficient buffer for, and allowing access to the oil/gas well sites that are located within the area as shown on Drawing C-10 and C-11. Ultimately, the objective is to sell the dredged materials, however, if the demand falls short of the amount produced, stockpile storage will be necessary. Consequently, the stockpile will be constructed as needed to contain the materials being removed and not sold. The stockpiles will be developed to form a stable configuration with side slopes no greater than 3H:1V. The stockpile surfaces will be stabilized by creating a vegetative cover that controls dust and enhances resistance to erosion caused by runoff. This 11 ♦ ERC Farmeri Sand Mining Plan Mine Plan Oct 2024 will be an ongoing process throughout the mining operation as ground conditions evolve. Additionally, interim sediment control BMPs will be installed as needed to manage sediment and erosion during construction and until the site has been stabilized. The plan includes seven stockpiles, as illustrated in Drawings C-10 and C-11. Table 4.1 provides the available volume, approximate maximum height, and footprint area for each stockpile. Figure 4.2: Stockpile Development Constructed from Cyclone Underflow Table 4.1: STOCKPILE GEOMETRY Stockpile (c) Volume Height(ft)Length Maximum Approx.Available Area (ft2) Perimeter (ft) Stockpile 1 700,000 40 790,000 I 4,870 N1 4,400,000 110 2, 700,000 10,113 Partially Filled 2024 N2 950,000 I 90 750,0001 4,000 N3 8,300,000 150 8,350 2, 600,000 N4 8,869,794 150 5,520 2,600,001 West 1,000, 000 1, 300,000 9,790 40 East 2,300,000 120 1,200,000 ' 4,300 Loadout Pile DS Embank 863,000 1 583,000 2,700 50 TOTAL _ 27,382,794 12,523,001 12 Farrneis Sand ,MinIeg Plan Mine Plan Oct 2.024 4.3 FUTURE PLANT OPERATION The sand plant will likely have stages to produce an end product of sand with particles between the #30 and #140 sieve size. Preliminary planning is currently in progress and involves the following three stages. The sand plant will likely have stages to produce an end product of sand with particles between the #30 and #140 sieve size. Preliminary planning is currently in progress and involves the following three stages. STAGE 1: VELOCITY REDUCER AND OVERSIZE REMOVAL 1. Velocity Box: The flow from the dredge will first enter a velocity box. This component reduces the speed of the flow, allowing for more controlled feeding into Stage 2. 2. Oversize Material Removal: From the velocity box; The feed material will then be spread over a 3/8" screen. This screen effectively separates oversize materials, such as sticks, clay balls, and gravel. 3. Slurry Tank Entry: All material passing the initial oversize screening system will enter the slurry tank, which helps to regulate and stabilize the flow of material. 4. Material Separation: o Minus 3/8" Material: The fine material (less than 3/8") will be pumped to Stage 2 for further processing. o Plus 3/8" Material: The larger particles, which typically constitute less than 1% of the total feed, will be set aside and placed in a stockpile for later use or placed in a permanent stockpile. STAGE 2: COARSE SCREEN SYSTEM. 1. Coarse Screen: The minus 3/8" material from Stage 1 will be fed into the coarse screen system, which uses a +#30 sieve. 2. Separation Process: This stage targets the separation of coarse sand and possibly pea gravel from finer materials. The coarse screen will allow for effective segregation based on particle size, ensuring that only the desired materials proceed further in the processing chain. 3. Output: The outputs from this stage may include usable coarse sand and gravel, which can be directed to stockpiles or further processed depending on quality and application requirements. Over 30mesh material will be deposited on a belt while the under 30mesh is hydraulically transported to stage 3 for final separation. STAGE 3: FINE SCREEN SYSTEM. 1. Feed: This stage will process the output from Stage 2, which includes materials that are #30 sieve size and finer. 2. Separation of the feed material begins with a bank of Hydro -cyclone separators designed to "cut" the material at 140mesh; finer material will exit the overflow and coarser material will be deposited onto a dewatering screen. 13 .� ERC Sand Mining Plan M i no Plan Oct 7024 3. Marketable Product: The end product is the frac sand, which will consist of particles sized between #40 and #140. This specific range is typically that used in hydraulic fracturing. 4. Conveyor System: The marketable frac sand will then be output onto a conveyor belt, which transports it to a load -out stockpile for storage. This area is specifically designed for temporary storage before the sand is loaded onto transport trucks. 5. Water and Fines Discharge: Water and any materials finer than the #140 sieve will be directed to settling ponds. This will help liberate water and allows for the settling of fine particles. 5.0 PROJECT TIMEFRAME The current plan involves removing the maximum amount of material from the reservoir while ensuring proper drainage across the basin and into the low-level outlet conduits, allowing the reservoir to be emptied if necessary. At the current dredging production rate, the sediment removal process is expected to take over 20 years. However, if any economic, business, or permitting changes occur that render the project no longer feasible, operations may be suspended at any time. Plans have been developed assuming the operation is viable for complete removal of materials from the reservoir but in a way that earlier termination is not detrimental. The plans have been organized to illustrate existing conditions, operations in 2025, the end of year five (2029), and the ultimate configuration. Below is a summary of work activities in these time frames. 2025 OPERATIONS • Dredging will occur from March through November with a production rate of 1.2 MCY per year. • Dredged materials will be directed to the hydro -cyclone on the north side of the reservoir where it currently resides. • Solids from the cyclone will be stockpiled in the northern stockpiles (N1, N2, and N3). The current plan is to maximum filling within N1 before filling in another stockpile. • The stockpile configuration shown on Drawing C-6 can accommodate the total volume of material expected to be dredged in 2025. • The hydro -cyclone may be moved to accommodate the operation. • If Pond 2 has not been completely emptied of dewatered dredge materials, the solids will be hauled and placed into the West Stockpile or Stockpile 1. • Materials from the In -Res Settling Ponds will be transferred to the West Stockpile or Stockpile 1 throughout the year, as equipment and manpower availability permits. • Materials will be sold to customers if the opportunity arises. • Third party trucks will enter and exit from the main mine entrance. • Planning and designing of the sand plant will continue. 14 ERC OPERATIONS AFTER 2026 flirt Sand Mining Plan Mine Plan O c t 2024 • The sand plant will be erected early into this timeframe. • Dredging will occur from March through November annually with average production rate of 1.2 MCY per year. • Until the sand plant is running, dredged materials will continue to be routed to the hydro -cyclone similar to 2025 operations. • The stockpile configuration shown in the end of year five configuration (Drawing C-8 and C-9) can accommodate the total volume of material expected to be dredged during this period. However, the actual volume of dredged materials in the stockpiles will depend on the quantity sold. The stockpile layout conservatively assumes that no material is sold. Selling the materials is a key objective of this project, so it is anticipated that the stockpiles will be significantly smaller than depicted in the drawings. • The ultimate stockpile configuration shown on Drawings C-10 and C-11 can accommodate approximately 17 MCY which is approximately 65% of the anticipated materials to be dredged. This means, as a minimum, approximately 9 MCY of materials will be sold. • Normal operations when the sand plant is operational (current plan): o Dredged materials will be directly fed to the sand plant. o The sand plant will segregate the dredged materials into the desired particle sizes. Oversize materials will be placed into stockpiles. Water and fines will be pumped to the settling ponds. o After dewatering the solids, materials will be extracted from the settling ponds and placed in one of the site stockpiles. These materials will primarily consist of particles smaller than #200 sieve size and are likely to contain a significant amount of clay. As a result, these materials could be beneficial and marketable for projects requiring low permeability materials. o The current plan is to transport the primary product (sand) from the sand plant to a load - out stockpile using a conveyor system equipped with a radial stacker. • Operations when the sand plant is not operating (current plan): o The dredging, cyclone, filling, and dewatering processes will be similar to those in the 2025 operation. o The hydro -cyclone will be relocated as needed to enhance logistics and efficiency in material handling. • Third party trucks will enter and exit from the main mine entrance. 15 Farmers Sand ;\?liriir!g Plan P/line Plan Oct 2024 6.0 HAUL ROADS The site will be traversed with primarily light vehicle pickup trucks and haul trucks. The roads will be used occasionally by large equipment when moving within different areas of the site. Haul roads as shown on Drawings C-2 through C-11 and include a primary haul route that extends the entire north -south length of the project area along the west side of the reservoir. This is an existing road that has been improved for use by large equipment. The road is approximately 20 feet wide and is gravel surfaced. This road has been and will continue to be used when removing materials from the settling ponds and transporting them to Stockpile 1 or the West Stockpile. The access route along the north side of the Milton reservoir is not regularly used for the current mining operation, however, the road does experience daily use of larger vehicles/equipment to support dam maintenance and by oil/gas companies that infrastructure in the area. An access routes is shown along the east side of the reservoir. This route is an existing road that is used by the boating community that has several spots along the shoreline in this area. The road is in good shape and would be improved and maintained more often if it were to be used as a haul route for the mine operation. Off -site transport trucks entering the mine to load out stockpiled materials will enter in the southwest corner of the mine site. The proposed plant site is sited in this area such that materials produced by the mining operation can be efficiently loaded into trucks and transported off site without having to enter a significant portion of the mine. 7.0 REFERENCES Arnold and Gibbons (1996) and Pikes Peak Area Council of Governments (2005). Colorado Division of Water Resources (DWR 2019), "Colorado -New Mexico Regional Extreme Precipitation Study REPS Tool and Met Portal PF Tool Interim Use Guidance Document," State of Colorado. Version: January 15, 2019. Colorado Division of Water Resources (DWR 2022), "Guidelines for Hydrological Modeling and Flood Analysis," State of Colorado. Version: January 2, 2022. 16 PLATTE VALLEY CANAL WE L.l) COUNTY ROAD 32. MINF TNTRANCE BEEBE SEEP CANAL DISCRIPTION [vows 11. DI IC i N.NN CHEVRON OILJGAS SITE LAKE CHRISTINA t“ LEGEND: AFFECTED LAND MILTON DAM MILTON RESERVOIR \IN CAVANAUGH RD (WELD COUNTY ROAD 43) WELD COUNTY ROAD 30 Ito, Sap PREPARED BY ECOLOGICAL RESOURCES CONSULTANTS, LLC 12345 W ALAMEDA PARKWAY SUITE 206 LAKEWOOD, CO 80228 PLATTE VALLEY CANAL WELD COUNTY ROAD 32 MINE ENTRANCE BEEBE SEEP CANAL EVANS #2 DITCH CHEVRON OIUGAS SITE LAKE CHRISTINA LEGEND: FRICO PROPERTY BOUNDARY REI LTD PROPERTY RESERVOIR EXCAVATION APPROX LIMITS STOCKPILE AREA SETTLING POND PLANT SITE GILMORE CANAL MILTON DAM MILTON RESERVOIR CAVANAUGH RD (WELD COUNTY ROAD 43) WELD COUNTY ROAD 30 2000 4000 Feet CLIENT FARMERS RESERVOIR AND IRRIGATION COMPANY (FRICO) PROJECT FARMERS SAND TITLE GENERAL ARRANGEMENT SHEET C-1 11/01/24 ISSUED FOR MINE PERMIT 41) Or) M N N O rn of III III taL i 2 w a) z Q N O O N 0 O N !_ 0 N C" U a) 0 a O U rY w 0 a O L a (U L 0 U U C:\Users\Lisa (7 C + Ca CI O O O 60+00 _t O CD EXCAVATION AREA EXISTING GROUND SURVEY/COMPLETED BY AYERS IN 2004 BASED ON NAD83 COLORADO STATE PLANES, NORTH ZONE, US FOOT. VERTICAL DATUM BASED ON NGVD29. 4800 REV DATE DESCRIPTION GILMORE CANAL -- MILTON DAM EXCAVATION AREA 4 Uto ` R�servo EXCAVATION AREA 3lin W 0 600 um 1200 Fort AERIAL IMAGE FROM GOOGLE EARTH 2016 PHOTO, 4810 4800 4790 4781 A76 4750 /9-H 99 4820 4810 4800 4790 4780 4 IT AVG IRRIGATION SEASON WSEL N i EXISTING GROUND AVG WINTER WSEL r ESTIMATED NATIVE GROUND PROPOSED EXCAVATED GROUND t' 60+ 0 1', I,; d�GU4 4820 4810 .38OU 4790 780 4770 4760 -70.0,0 4750 EXISTING GROUND ESTIMATED NATIVE GROUND PROPOSED EXCAVATED GROUND iir 5u+00 4810 I tiiJl.� 4810 4 800 4790 1780 770 4760 4750 5000 �d_p_ 7000 8000 4800 4790 4780 4770 4760 475O, ESTIMATED NATIVE GROUND EXISTING GROUND PROPOSED EXCAVATED GROUND 1 1000 2000 3000 40Of 6 5O00 6O00 7 0.00 4810 4800 4790 4780 4770 4760 4750 A 10/01%24 ISSUED FOR MINE PERMIT SAL PREPARED BY ECOLOGICAL RESOURCES CONSULTANTS, LLC 12345 W ALAMEDA PARKWAY SUITE 206 LAKEWOOD, Co 80228 MEW FARMERS RESERVOIR AND IRRIGATION COMPANY (FRICO) PROJECT FARMERS SAND TITLE RESERVOIR BASIN EXCAVATION PLAN SHEET C-2 24 3:35:04 PM C") (5) of p 2 U Q 0 C!) I X gicr I Z U) Q In 0 I— w w Z 0 Q N 0 U CI) onn L C 0 C,, 0 N C O N d Co C/) U N O L a r 0 0 tY W x O .n a O 0 -v O 0 0 Cr:). REV DATE DESCRIPTION N OTES: 1. CONTOURS REPRESENT THE APPROX. BASIN EXCAVATION DEPTH AND ARE BASED ON MAINTAINING POSITIVE DRAINAGE TO THE LOW LEVEL OUTLET CONDUITS AT THE DAM. 2. AERIAL IMAGE FROM GOOGLE EARTH 2016 PHOTO AS THIS WAS THE MOST RECENT SNAPSHOT WHEN THE RESERVOIR LEVEL WAS LOW. A 10/20/2 1 ISSUED FOR REVIEW PREPARED BY ECOLOGICAL RESOURCES CONSULTANTS, INC 12345 W. ALAMEDA PKWY, SUITE 206 LAKEWOOD, CO 80228 cuovr FARMERS RESERVOIR AND IRRIGATION COMPANY (FRICO) PROJECT FARMERS SAND T BASIN EXCAVATION ISOPACH SHEET C-3 PLATTE VALLEY CANAL NORTH SETTLING PONDS EXISTING GROUND SURVEY COMPLETED BY AYERS IN 2004 BASED ON NAD63 COLORADO STATE PLANES, NORTH ZONE, US FOOT. VERTICAL DATUM BASED ON NGVD29. )ea_. as 1"Isi give 11 T1 Ilrci POND - g, si Nit ISE ";18i(::;,.KljILE{511*NOTE i SD ‘ I HYDRO -CYCLONE, it LA rl ih VI . I II%.%••..., MIXING 1kN CYCLONE OVERFLOW (24" HDPE PIPE) EVANS #2 DITCH CHEVRON OIUGAS SITE - GAUGED DISCHARGE TO EVANS #2 DREDGE DISCHARGE (2? HDPE PIPE) IN-RES SETTLING PONDS DREDGE BOAT POSITION AT TIME OF PHOTO (BOAT MOVES REGULARLY) NOTES: 1. EXISTING GROUND SURVEY WAS COMPLETED IN 2004 WHEN THE RESERVOIR LEVEL WAS APPROXIMATELY 23 FT BELOW THE EMBANKMENT CREST. PHOTOGRAMMETRIC MAPPING AND HYDROGRAPHIC SURVEY WERE COMPLETED. CHANGES TO THE TOPOGRAPHY SINCE THAT TIME INCLUDE THE ADDITION OF THE NORTH DREDGE PONDS, PARTIAL DEVELOPMENT OF STOCKPILES 1 AND N1, ADDITION OF THE CHEVRON OIL/GAS PADS. TOPOGRAPHY IN THE NORTH DREDGE PONDS IS BASED ON DESIGN CONFIGURATION AND ESTIMATED IN THE AREA OF THE N1 STOCKPILE. 2. MATERIALS IN THE N1 STOCKPILE WERE GENERATED FROM THE CYCLONE UNDERFLOW SOILS. MATERIALS WERE PUSHED AND WORKED INTO THE AREA USING EARTHMOVING EQUIPMENT. 3. MATERIALS FROM THE DREDGE AND UNDERFLOW FROM THE CYCLONE WERE DEPOSITED IN SETTLING POND 2 IN 2023. MATERIALS ARE CURRENTLY AND WILL CONTINUE TO BE MOVED TO STOCKPILE 1 AND THE WEST STOCKPILE. 4. MATERIALS FROM THE CYCLONE UNDERFLOW WERE DEPOSITED IN SETTLING POND 3A IN 2024. MATERIALS ARE CURRENTLY DRYING AND, ONCE SUFFICIENTLY DEWATERED, WILL BE MOVED TO STOCKPILE 1 AND THE WEST STOCKPILE. GILMORE CANAL LOW LEVEL OUTLET WORKS MILTON RESERVOIR EMERGENCY SPILLWAY LEGEND: EXISTING GROUND CONTOURS AND ELEV (5' INTERVAL) ---- EXISTING HAUL ROAD --- EXISTING LIGHT VEHICLE AND FUTURE HAUL ROAD POTENTIAL FUTURE HAUL ROAD STOCKPILE G9 SETTLING POND DREDGE DISCHARGE PIPELINE CYCLONE OVERFLOW OR PLANT DISCHARGE PIPELINE 'woo PROJECT 2+ 00 Feet ,; i. I)ATE RECrRrpT1nN A I 1 1/01 /24 ISSUED FOR MINE PERMIT PREPARED SY ECOLOGICAL RESOURCES CONSULTANTS, LLC 12345 W ALAMEDA PARKWAY SUITE 206 LAKEWOOD, CO 80228 CUENT FARMERS RESERVOIR AND IRRIGATION COMPANY (FRICO) FARMERS SAND EXISTING OPERATIONS NORTH SIDE SHEET CA NOTES: •'' ,"`> • 1, EXISTING LEVEL GROUND SURVEY WAS COMPLETED IN 2004 WHEN THE RESERVOIR WAS APPROXIMATELY 23 FT BELOW THE EMBANKMENT CREST. IN-RES SETTLING PONDS PHOTOGRAMMETRIC MAPPING AND HYDROGRAPHIC SURVEY WERE , COMPLETED. CHANGES TO THE TOPOGRAPHY SINCE THAT TIME INCLUDE THE ADDITION OF THE NORTH DREDGE, PARTIAL DEVELOPMENT OF STOCKPILES 1 ` I ' • ti I - AND NORTH IN THE 2. SLURRIED N1, ADDITION OF THE CHEVRON OIL/GAS PADS. TOPOGRAPHY IN THE DREDGE PONDS IS BASED ON DESIGN CONFIGURATION AND ESTIMATED AREA OF THE N1 STOCKPILE. MATERIALS FROM THE DREDGE WERE DEPOSITED IN THE IN-RES I 11 _ SETTLING THAT AND/OR PONDS IN 2021 AND 2022. MATERIALS HAVE BEEN TIME AND THE DRIER MATERIALS WILL BE HAULED TO THE WEST STOCKPILE. DRYING SINCE STOCKPILE 1 ' .� LEGEND: 1 - - -- EXISTING GROUND CONTOURS AND ELEV (5' INTERVAL) *Maw EXISTING HAUL ROAD J - STOCKPILE I --- EXISTING LIGHT VEHICLE AND IF FUTURE HAUL ROAD - POTENTIAL FUTURE HAUL ROAD WEST STOUR - ,, .E STOCKPILE a'J SETTLING POND ti . 1 DREDGE "me-- CYCLONE Ste% - DISCHARGE DISCHARGE PIPELINE OVERFLOW OR PLANT PIPELINE U' • :-WELD ROAD COUNTY 32 .•1• '- MILTON RESERVOIR• �n f ff, t l 1+-`., I.1 I4NE:' IN"i IfI •„r . `fT5� -. �i. . r I ct �, ,, 1 rl•ir - iJ .. � • ' Nt , �` .; Si . . • , ^ • ♦♦ x/244. 1� J 1 EXISTING GROUND SURVEY i. • al. be .`. COMPLETED BY AYERS IN 2004 BASED ON NORTH NADS3 ZONE, COLORADO US STATE FOOT, VERTICAL PLANES, _ , 0 800 1600 DATUM BASED ON NGVD20. Feet REV DATE DESCRIPTION - - PREPARED BY CUENT PROJECT TFr E SHEET ECOLOGICAL RESOURCES CONSULTANTS, LLC FARMERS RESERVOIR AND EXISTING OPERATIONS 12345 W ALAMEDA PARKWAY SUITE 206 FARMERS SAND C LAKEWOOD, CO 80228 IRRIGATION COMPANY FRICO ( ) SOUTH SIDE -S A 11/01/24 ISSUED FOR MINE PERMIT -ti - - =� _ �• '` .' NOTES: o , u .; 1, SI !� _ —. ` 7 l'� k� a,• - '4 • ' , i- r i bill ' '� `' , r 1, . EXISTING GROUND SURVEY WAS COMPLETED IN 2004 WHEN THE RESERVOIR LEVEL WAS APPROXIMATELY 23 FT BELOW THE EMBANKMENT CREST. PHOTOGRAMMETRIC MAPPING AND , ,�" . , o ' 1 E"r Mr -•3 HYDROGRAPHIC SURVEY WERE COMPLETED. CHANGES TO THE TOPOGRAPHY SINCE THAT TIME INCLUDE THE ADDITION OF THE NORTH DREDGE, PARTIAL DEVELOPMENT OF STOCKPILES 1 AND Ni, •'�► •` '=4� s ` ` ADDITION OF THE CHEVRON OIL/GAS PADS, TOPOGRAPHY IN THE NORTH DREDGE PONDS IS BASED ON DESIGN CONFIGURATION AND ESTIMATED IN THE AREA OF THE N1 STOCKPILE. • ti `; , `C yr `` 2. THE Ni STOCKPILE HAS BEEN BEEN CONFIGURED TO CONTAIN APPROXIMATELY 1 MCY OF MATERIAL `..�. EVANS DI 1 CH 'S +, � rvi ,; — ,__� #2 r '''' PLACED IN 2024 AND 1.2 MILLION CY OF MATERIAL ESTIMATED FOR 2025 FOR A TOTAL VOLUME OF ' • . � \ �, i ti'`\2.2 CHEVRON OIL/GAS SITE � , ,' MILLION CY. THE ACTUAL CONFIGURATION MAY CHANGED BASED ON DEVELOPING THE PILE ils r 4. ,. - HIGHER WHILE COVERING LESS AREA OR STORAGE OF MATERIALS IN OTHER STOCKPILES. - • L 1 I r - L 3. CYCLONE TO MOVE AS NEEDED TO EFFECTIVELY PLACE MATERIALS IN STOCKPILE. 4 LEGEND: EXISTING GROUND CONTOURS PLATTE VALLEY CANAL 1ii - [ '� AND ELEV (5' INTERVAL) S ----- EXISTING HAUL ROAD '� / - EXISTING LIGHT VEHICLE AND -•`'�=..-- LAKE CHRISTINA FUTURE HAUL ROAD - ' POTENTIAL HAUL �- ' '', S '� ' DGAUGED EVANS ISCHARGE #2 i� r,. W FUTURE ROAD STOCKPILE , . s"'..r►a» A _ 00 SETTLING POND i IlkF— SETTLING POND • DREDGE DISCHARGE PIPELINE CYCLONE OVERFLOW OR PLANT it ' DISCHARGE PIPELINE #_ • it Ni STOCKPILE NORTH SETTLING PONDS ' (SEE NOTE 2) HYDRIJ4 YCLO-- ••tom" I ,_ _ ' * ild III Z , l 0 ` ' ALONE OVERFLOW �K � '��` i. GILMORE' CANAL (��'HOPEPfPE)ii, MI xING TANK /— \ I r 3H "ti, I. . LOW LEVEL OUTLET WORKS • I a z •'tom ,- • a! , A 1 '� '• DREDGE DISCHARGE ••Ili , . _ _ 'ti ��, i . (21" HDPE PIPE) MILTON I DAM % loom • 1 _ EMERGENCY J ' I SPILLWAY mono • BOAT POSITION I.iiDREDGE AT TIME OF PHOTO (BOAT MOVES REGULARLY) ` I {. J - MILTON RESERVOIR _' •- t. . i ti i EXISTING COMPLETED GROUND SURVEY BY AYERS IN 2004 BASED ' i �ry - _ ` ON NORTH NAD83 COLORADO STATE ZONE, US FOOT. VERTICAL PLANES, -;_ -• ` 1000 2000 DATUM BASED ON NGVD29. Feet --_ , RE.; DATE DESCRIPTION - - - -- - PREPARED BY CLIENT PROJECT ,E SHEET 1 ECOLOGICAL RESOURCES CONSULTANTS, LLC FARMERS RESERVOIR AND END OF 2025 PLAN 12345 W ALAMEDA PARKWAY SUITE 206 IRRIGATION COMPANY FRICO C ) FARMERS SAND NORTH SIDE C _ 6 LAKEWOOD, Co 80228 A 11/01/24 ISSUED FOR MINE PERMIT -I . NOTES: I II I •i I `. I •- - 1 EXISTING GROUND SURVEY WAS COMPLETED IN 2O04 WHEN THE RESERVOIR LEVEL WAS APPROXIMATELY 23 FT BELOW THE EMBANKMENT CREST. PHOTOGRAMMETRIC MAPPING AND HYDROGRAPHIC SURVEY WERE COMPLETED. CHANGES TO THE TOPOGRAPHY SINCE THAT TIME INCLUDE THE ADDITION OF THE NORTH DREDGE, PARTIAL DEVELOPMENT OF STOCKPILES 1 AND N1, ADDITION OF THE CHEVRON OIL/GAS PADS. TOPOGRAPHY IN THE NORTH DREDGE PONDS IS BASED d ON DESIGN CONFIGURATION AND ESTIMATED IN THE AREA OF THE N1 STOCKPILE. �� IN-RES SETTLING PONDS NOTE 2) (SEE h '=it- j f f 2. SLURRIED MATERIALS FROM THE DREDGE WERE DEPOSITED IN THE IN-RES SETTLING PONDS IN 2021 AND 2022 MATERIALS HAVE BEEN DRYING SINCE THAT TIME AND THE DRIER MATERIALS WILL BE HAULED TO STOCKPILE 1 AND/OR THE WEST STOCKPILE. THE SETTLING PONDS WILL BE RESTORED TO THEIR ORIGINAL CAPACITY. • I , •- ;" I- _ - s� LEGEND: If :, EXISTING GROUND CONTOURS AND ELEV (5' INTERVAL) - ' 1 WEST STOCKPILE ' •, CONFIGURATION BASED ON STORAGE (APPROX. OF °' Sim EXISTING HAUL ROAD -1-- EXISTING I MATERIALS FROM IN-RES SETTLING PONDS) t LIGHT VEHICLE AND FUTURE HAUL ROAD - ,-._....- POTENTIAL FUTURE HAUL ROAD I ►' • STOCKPILE 1 iiID STOCKPILE dI SETTLING POND 'I ' DREDGE DISCHARGE PIPELINE •= CYCLONE OVERFLOW OR PLANT DISCHARGE PIPELINE 1I I ' - 1 rad WELD COUNTY ROAD 32II r ;` MILTON RESERVOIR IA ,. I 1 1 'Oil 1 b •. t 4 p ,1 ' r' !'il.'NE ENTRANCE -- •. a: f .. _ '. - i' r ' lift:::: scrr:..., ise:.(:. 'i 1 1 , • _ .. A• fir! e 44:1 1` �'.1 I , i 1�•1' .:4. .1::: .--:., L'Owe '- - 1-..1: ♦ r : [{ � _. te . FI ' t 1 J. _- EXISTING COMPLETED ON NADB3 NORTH GROUND ZONE, SURVEY BY AYERS IN COLORADO STATE US FOOT. 20(4 VERTICAL PLANES. BASED •... 1000. BBD X000 DATUM BASED ON NGVD29, Feet I?EV DATE DESCRIPTION PREPARE BY CLIENT PROJECT TITLE SHEET ECOLOGICAL RESOURCES CONSULTANTS, LLC FARMERS RESERVOIR AND END OF 2025 PLAN A, 12345 W ALAMEDA PARKWAY SUITE 206 FARMERS SAND C4-7 LAKEWOOD, CO 80228SOUTH IRRIGATION COMPANY (FRICO) SIDE A 11/01 /24 I ISSUED FOR MINE PERMIT 4 NORTH SETTLCNG PONS -\\N SOUTH SE I JUNG PONDS (SEE NOTE 3J EXISTING GROUND SURVEY COMPLETED BY AYERS IN 2004 BASED ON NAD83 COLORADO STATE PLANES, NORTH ZONE, US FOOT. VERTICAL DATUM BASED ON NGVD29. DATE 11/01/24 DESCRIPTION ISSUED FOR MINE PERMIT r' - N3 STOCKPILE (SEE NOTE 2) ow ••��-4.111 -M PREPARED BY ECOLOGICAL RESOURCES CONSULTANTS, LLC 12345 W ALAMEDA PARKWAY SUITE 206 LAKEWOOD, CO 80228 - r VANS jq2 D TC CHEVRON OILIGAS SITE r- GAUGED DISCHARGE TO EVANS #2 1 SE I1LNG POND LAKE CHRISTINA N1 STOCKPILE (SEE NOTE 2) CLIENT FARMERS RESERVOIR AND IRRIGATION COMPANY (FRICO) PROJECT a LOW LEVEL OUTLET WORKS ILTON RESERVOIR FARMERS SAND NOTES: 1. EXISTING GROUND SURVEY WAS COMPLETED IN 2004 WHEN THE RESERVOIR LEVEL WAS APPROXIMATELY 23 FT BELOW THE EMBANKMENT CREST. PHOTOGRAMMETRIC MAPPING AND HYDROGRAPHIC SURVEY WERE COMPLETED. CHANGES TO THE TOPOGRAPHY SINCE THAT TIME INCLUDE THE ADDITION OF THE NORTH DREDGE, PARTIAL DEVELOPMENT OF STOCKPILES 1 AND N1, ADDITION OF THE CHEVRON OIL/GAS PADS. TOPOGRAPHY IN THE NORTH DREDGE PONDS IS BASED ON DESIGN CONFIGURATION AND ESTIMATED IN THE AREA OF THE N1 STOCKPILE. 2. STORAGE WITHIN THE STOCKPILES WILL DEPEND ON THE AMOUNT OF MINED MATERIALS SOLD. FOR CONSERVATISM, THE STOCKPILE LOADING SHOWN ON THE PLAN INCLUDES STORAGE FOR 5 YEARS OF MINING AT AN AVERAGE MINING RATE OF 1.2 MILLION (M) CY/YR PLUS THE ESTIMATED 1.0 MCY PREVIOUSLY PLACED IN THE N1 STOCKPILE IN 2024 FOR A TOTAL OF 7 MCY. 3. THE SOUTH SETTLING PONDS ARE SHOWN ARE ASSUMED TO BE CONSTRUCTED AT THE END OF YEAR S. ACTUAL CONSTRUCTION Will DEPEND ON MORE DEVELOPED PLANS FOR THE SAND PLANT OPERATION AND ANY CHANGES TO ACCOMMODATE THE THE DREDGING OPERATION {^- MILTON DAM TITLE LEGEND: MEI -- EMERGENCY SPILLWAY EXISTING GROUND CONTOURS AND ELEV (5' INTERVAL) EXISTING HAUL ROAD EXISTING LIGHT VEHICLE AND FUTURE HAUL ROAD POTENTIAL FUTURE HAUL ROAD STOCKPILE SETTLING POND DREDGE DISCHARGE PIPELINE CYCLONE OVERFLOW DR PLANT DISCHARGE PIPELINE 1000 END OF YEAR 5 PLAN NORTH SIDE 2000 Feet SHEET C-8 I k hr -1/ HYDRO -CYCLONE • STOCKPILE 1 - WEST STCICWILE --\\\ I WILD COUNTYROAD 32 EXISTING GROUND SURVEY COMPLETED BY AYERS IN 2Q04 BASED ON NAD83 COLORADO STATE PLANES, NORTH ZONE, US FOOT, VERTICAL DATUM BASED ON NGVD.LO. SAND PROCESSING PLANT fi=r ? NJ MILTON RESERVOIR NOTES: 1, EXISTING GROUND SURVEY WAS COMPLETED IN 2OO4 WHEN THE RESERVOIR LEVEL WAS APPROXIMATELY 23 FT BELOW THE EMBANKMENT CREST. PHOTOGRAMMETRIC MAPPING AND HYDROGRAPHIC SURVEY WERE COMPLETED. CHANGES TO THE TOPOGRAPHY SINCE THAT TIME INCLUDE THE ADDITION OF THE NORTH DREDGE, PARTIAL DEVELOPMENT OF STOCKPILES 1 AND N1, ADDITION OF THE CHEVRON OIL/GAS PADS. TOPOGRAPHY IN THE NORTH DREDGE PONDS IS BASED ON DESIGN CONFIGURATION AND ESTIMATED IN THE AREA OF THE N1 STOCKPILE. 2. STORAGE WITHIN THE STOCKPILE WILL DEPEND ON THE AMOUNT OF MINED MATERIALS SOLD. FOR CONSERVATISM, THE STOCKPILE LOADING SHOWN ON THE PLAN INCLUDES STORAGE FOR 5 YEARS OF MINING AT AN AVERAGE MINING RATE OF t2 MILLION CY/YR OR 12 MILLION CYY I LEGEND: EXISTING GROUND CONTOURS AND ELEV (5' INTERVAL) EXISTING HAUL ROAD EXISTING LIGHT VEHICLE AND FUTURE HAUL ROAD POTENTIAL FUTURE HAUL ROAD STOCKPILE -, SETTLING POND DREDGE DISCHARGE PIPELINE CYCLONE OVERFLOW OR PLANT DISCHARGE PIPELINE 1OOO 200O Fcr.I nenfi' I1L'=;�dii Ii 572 PREPARED BY ECOLOGICAL RESOURCES CONSULTANTS, LLC 12345 W ALAMEDA PARKWAY SUITE 206 LAKEWOOD, CO 8O228 CUENT FARMERS RESERVOIR AND IRRIGATION COMPANY (FRICO) FARMERS SAND END OF YEAR 5 PLAN SOUTH SIDE SHEET C-9 A ISSUED FOR MINE PERMIT N3 STOCYPLE - N4 STOCKPILE ! PLATTE VALLEY CANAL NORTH SETTLING PONDS SOUTH SETTLING PONDS EXISTING GROUND SURVEY COMPLETED BY AYERS IN 2004 BASED ON NADB3 COLORADO STATE PLANES, NORTH ZONE, US FOOT. VERTICAL DATUM BASED ON NGVD29. DATE A I1 %01 /2.4 DESCRIPTION ISSUED FOR MINE PERMIT PREPARED BY ECOLOGICAL RESOURCES CONSULTANTS, LLC 12345 W ALAMEDA PARKWAY SUITE 206 LAKEWOOD, CO 80228 CHEVRON OIL/GAS SITE 1 MIXING TANK , I,I1 STCA2gPIL C•UENT FARMERS RESERVOIR AND IRRIGATION COMPANY (FRICO) LAKE CHRISTINA PROJECT FARMERS SAND =IMF le IP w NOTES: 1. EXISTING GROUND SURVEY WAS COMPLETED IN 2004 WHEN THE RESERVOIR LEVEL WAS APPROXIMATELY 23 FT BELOW THE EMBANKMENT CREST. PHOTOGRAMMETRIC MAPPING AND HYDROGRAPHIC SURVEY WERE COMPLETED. CHANGES TO THE TOPOGRAPHY SINCE THAT TIME INCLUDE THE ADDITION OF THE NORTH DREDGE, PARTIAL DEVELOPMENT OF STOCKPILES 1 AND N1, ADDITION OF THE CHEVRON OIL/GAS PADS. TOPOGRAPHY IN THE NORTH DREDGE PONDS IS BASED ON DESIGN CONFIGURATION AND ESTIMATED IN THE AREA OF THE N1 STOCKPILE. 2. THIS LAYOUT IS BASED ON AN ULTIMATE CONFIGURATION ASSUMING APPROXIMATELY 75% OF MATERIAL REMOVED FROM THE RESERVOIR BASIN ARE STOCKPILED ON THE ADJACENT LANDS. THE DEMAND FOR PURCHASE OF THE MINED SAND WILL DICTATE THE STOCKPILE SIZING. 3. THE BASIN EXCAVATION PLAN IS BASED ON MAINTAINING A POSITIVE GRADIENT TOWARD THE LOW LEVEL OUTLET WORKS LOW LEVEL OUTLET WORKS it a MILTON DAM TILE EMERGENCY SPILLWAY 0 4 - - LEGEND: EXISTING GROUND CONTOURS AND ELEV (5' INTERVAL) EXISTING HAUL ROAD EXISTING LIGHT VEHICLE AND FUTURE HAUL ROAD POTENTIAL FUTURE HAUL ROAD STOCKPILE SETTLING POND DREDGE DISCHARGE PIPELINE CYCLONE OVERFLOW OR PLANT DISCHARGE PIPELINE 1000 2000 1 Feet ULTIMATE LAYOUT PLAN NORTH SIDE SHEET G1 0 If I I 1 - "W '- , - 1 Ifl \1i -•..' - LEGEND: ,, 1 M HYDRQCYCLONE �' ----EXISTING HAUL ROAD I = SAND PLANTWATERWUNES DISCHARGE IPOTENTIAL LOCATION I PIPELINE (EXAMPLE ALIGNMENT) I "� , FOR SACI#IIP(RERATIC} t -- -EXISTING LIGHT VEHICLE AND -.=- • FUTURE HAUL ROAD 'I , Y - - -POTENTIAL FUTURE HAUL ROAD { f i• STOCKPILE ' 1 SETTLING 00 POND ---------DREDGE I I 'a, ti --- - -CYCLONE DISCHARGE OVERFLOW PIPELINE OR PLANT y ` s. DISCHARGE GE PIPELINE sPNE AFFECTED AREAS- \I CHEVRON/NOBLE 0&(.3 WELLS \ , I r,' WEST STOCKPILE 4 '� , CHEVR , N NOBLE TANK BATTERIESh STOCKPLE 1 Itts/ EXAMPLE DREDGE LOCATION I i , (MOVES CONSISTENTLY TO I ;1 FOLLOWDEPOSIT) II •, _:. _ ' /1 I 1 JJ * DREDGE DISCHARGE PIPE IEXAMftE AUG IEN•T) �I■■11 r I I I �- SAND PROCESSING i 7 I PLANT , -- WELD COUNTY ROAD 32 i ,ii + 1S '. MILTON RESERVOIR .� EAST STOCKPILE • EN TRANCE i� I illr • , UNE ,_i' 1 4 Cry 6 - • ♦ • 'j I . r �1 ', r 1 1._,IF • ' \'.•Y • ' r' f' Sa+`r�� • ..~I 4 . ! t.. I EXISTING GROUND SURVEY COMPLETED Oil NORTH DATUM NADB3 ZONE, COLORADO BY US ON AYERS FOOT. NGVO29, STATE IN 2004 VERTICAL PLANES, BASED . �} 'I�Q : , L Q BASED Fctot A PREPARED SY CLIENT PROJECT ITITLE SHEET ECOLOGICAL RESOURCES CONSULTANTS, LLC 12345 W ALAMEDA PARKWAY SUITE 206 FARMERS RESERVOIR AND FARMERS SAND ULTIMATE LAYOUT PLAN -11 IRRIGATION COMPANY (FRICO) SOUTH SIDE LAKEWOOD, CO 80228 A 11/01(24 ISSUED FOR MINE PERMIT RE.A' DATE DESCRIPTION 0 O NORTH SETTLING PONDS N O SOUTH SETTLING PONDS 1830 4820 4810 4800 4790 4780 (p N O 3. n+1 Inc4 13' 1+00 2+00 (A Containment — Berm Fill (Typ) Existing Ground —\ --H F— 20' 3 In O rb In co N O co O Ir M to O a) CO u N O co cc N M O IA In In O 0O t M O oo CO cod Ib a O O it (N OD CO M O N a It 3+00 4+00 5+00 6+00 7+00 8+00 9+00 10+00 11+00 12+00 13+00 14+00 SECTION THRU NORTH DREDGE SE I I INC PONDS VERICAL EXAGGERATION: SX 4830 4820 4810 4800 4790 4780 4850 4840 4830 4820 4810 4800 4790 L Containment Seem Fill (Typ) Existing Ground U) c'1 N !) 4NJ CJ POD t 'Q •I N N d - N M a) N co M CO N cC It t In OO N 1+00 2+00 3+00 4+00 5+00 6+00 7+00 B') SECTION THRU POND 5 DREDGE SETTLING POND c+,, , VERICAL EXAGGERATION: 5X SPECIFICATIONS: 1. SUBGRADE PREPARATION: THE SUBGRADE BENEATH THE BERMS SHOULD BE FREE OF VEGETATION AND UNSUITABLE MATERIALS. SOFT, SATURATED, AND/OR LOOSE SOILS ENCOUNTERED DURING SUBGRADE PREPARATION SHALL BE REMOVED AND COMPETENT MATERIALS EXPOSED. PRIOR TO PLACEMENT OF FILL, THE EXPOSED SUBGRADE SHOULD BE THOROUGHLY SCARIFIED AND WELL -MIXED TO A DEPTH OF 6 INCHES, ADJUSTED TO A MOISTURE CONTENT WITHIN 3 PERCENT OF OPTIMUM, AND COMPACTED TO 95% OF THE STANDARD PROCTOR (ASTM D698) MAXIMUM DRY DENSITY. 2. FILL OPERATIONS: MATERIALS WILL BE GENERATED FROM EXCAVATING WITHIN THE PROJECT AND CAN CONSIST OF A WIDE RANGE OF SOIL CLASSIFICATION. FROZEN MATERIAL, ICE, SNOW, COBBLES/RUBBLE LARGE ENOUGH TO INTERFERE WITH COMPACTION, DEBRIS AND OTHER DELETERIOUS MATERIAL SHOULD BE EXCLUDED FROM FILL MATERIALS. MATERIALS SHALL BE PLACED IN MAXIMUM ONE -FOOT COMPACTED LIFT THICKNESS AND TO AT LEAST 95% OF THE MAXIMUM DRY DENSITY AND TO WITHIN 3% OF THE OPTIMUM MOISTURE CONTENT DETERMINED BY THE MODIFIED PROCTOR METHOD (ASTM D698). 3. DENSITY TESTING FREQUENCY REQUIREMENTS: DENSITY TESTING SHALL BE PERFORMED AT A MINIMUM FREQUENCY OF ONE PER 5000 CY OF BACKFILL PLACED. THE TESTS SHALL BE DISTRIBUTED THROUGH THE DIFFERENT LIFT LAYERS AND LATERALLY THROUGHOUT THE PROJECT. ADDITIONAL TESTING WILL BE REQUIRED AT THE ONSET OF FILL OPERATIONS TO DETERMINE METHODS AND PROCEDURES NEEDED TO OBTAIN THE PROPER MOISTURE AND COMPACTION. NUCLEAR DENSITY OR SAND CONE DENSITY ARE APPROVED METHODS FOR COMPLETING THE IN PLACE MOISTURE/DENSITY TESTING, 4. PROTECTION OF FILL MATERIALS: MATERIALS THAT HAVE BEEN COMPACTED AND MOISTURE CONDITIONS TO THE SPECIFICATIONS SHALL BE PROTECTED FROM FREEZING, EXCESS DRYING, INUNDATION, AND BECOMING SATURATED FROM PRECIPITATION EVENTS. FINISHED AREAS THAT HAVE BECOME DAMAGE OR COMPROMISED SHALL BE REMOVED AND REPLACED PER THE REQUIRED SPECIFICATIONS. 5. LABORATORY TESTING: FILL MATERIALS SHALL BE SUBJECTED TO LABORATORY INDEX TESTING (GRADATION, ATTERBERG LIMITS, MODIFIED PROCTOR AND NATURAL MOISTURE CONTENT) AT A MINIMUM RATE OF ONE SAMPLE PER 15,000 CY OF MATERIAL PLACED OR IF A CHANGE IN MATERIAL IS ENCOUNTERED. Existing Ground - Containment Berm F 91 (Typ) 20' O vn y Mcd M CO N CO In M M CO m O c0 M Of' NN? oe rn N CO C0 O7 rt O O13 Co co OO Ill �r7 O ao co In Ir) O It U) O cc c0 0 '4- 0 w O) co IT tO CO W CO O (O CO d d' CS) N It 8+00 9+00 10+00 11+00 12+00 13+00 14+00 15+00 16+00 17+00 18+00 19+00 20+00 21+00 22+00 4850 4840 4830 4820 4810 4800 4790 C SECTION THRU POND 8 DREDGE SETTLING POND VERICAL EXAGGERATION: SX PREPARED BY ECOLOGICAL RESOURCES CONSULTANTS, LLC 12345 W ALAMEDA PARKWAY SUITE 206 LAKEWOOD, CO 80228 CLJENT FARMERS RESERVOIR AND IRRIGATION COMPANY (FRICO) PROJECT FARMERS SAND TT LE SETTLING PONDS PLAN & SECTIONS SHEET C-12 A 11/01/24 ISSUED FOR MINE PERMIT ULTIMATE STOCKPILE SURFACE REV DATE 11/01/24 N3 STOCKPILE I" 48 % DESCRIPTION ISSUED FOR MINE PERMIT - N4 STOCKPILE O PREPAR€1D BY x 48,,00 5000 4950 4900 4850 4800 4750 INITIAL STOCKPILE AREA 2+00 4+00 6+00 8+00 { N2 STOCKPILE ECOLOGICAL RESOURCES CONSULTANTS, INC 12345 W. ALAMEDA PARKWAY, SUITE 206 LAKEWOOD, CO 80228 N1 STOCKPILE 3 N3 STOCKPILE 10+00 1 • 12+00 5000 4950 4900 4850 4800 4750 14+00 3 16+00 18+00 20+00 22+00 24+00 SECTION THRU N3 & N4 STOCKPILES VERICAL EXAGGERATION: 5X N4 STOCKPILE EXISTING GROUND 26+00 28+00 30+00 32+00 34+00 36+00 1 I. v O 0 N1 STOCKPILE v so n CO N )` N N N C 00 v, be APPROX. EXISTING FILL AREA N q 11 N2 STOCKPILE t ND r) Y 0 rn oao Op t N ft' U It, wl- 4J 2+00 4+00 6+00 8+00 10+00 12+00 14+00 16+00 18+00 20+00 c, SECTION THRU N1 & N2 STOCKPILES VERICAL EXAGGERATION: 5X 5000 4950 4900 4850 4800 4750 5000 4950 4900 4850 4800 4750 EXHIBIT E RECLAMATION PLAN MILTON RESERVOIR FARMERS SAND RECLAMATION PLAN October 2024 PREPARED FOR: Farmers Reservoir Irrigation and Company (FRICO) PREPARED BY: ERC ECOLOGICAL RESOURCE CONSULTANTS, LLC 12345 W ALAMEDA PARKWAY LAKEWOOD, COLORADO 80228 A ERC Farmers Sand Exhibit E — Reclamation Plan Nov 2024 Table of Contents 1.0 INTRODUCTION 1 2.0 RECLAMATION PLAN 1 2.1 VEGETATION EARTHWORK PLAN ...a..,..1 2.2 SETTLING PONDS ....,....,.....................................n..fl*.sell,mtta.,.,,..,.,.rni..i*del. 1 2.2.1 STOCKPILES „E ..............2 2.2.2 TEMPORARY HAUL ROADS f.......1.2 2.2.3 FINAL GRADING 2 2.3 VEGETATION PLAN 2 2.3.1 SOIL CHEMISTRY 3 2.3.2 SOIL AMENDMENTS 3 2.3.3 SOIL COMPACTION.11......................n.....•............ 3 2.3.4 SEEDING 3 2.3.5 MULCH AND STABILIZATION... .........................,..,.....,,....,..,,.,...1....../.........1.,.,5 2.3.6 TOPSOIL•....e.la...s..all...l............./..i..4in..lips.leR...............,..,.. s..,. 6 3.0 POST -MINING LAND USE...................1..................,:......,....e.aa....►.........s.........,.,....,.,... 6 4.0 RECLAMATION SCHEDULE,...1.....l.s.l..............su.1..s.,..,....,....Ron s... ..............................6 ERC Farmers Sand Exhibit E - Reclamation Plan Nov 2024 1.0 INTRODUCTION Milton reservoir is a plains reservoir fed by surface water diversions from the South Platte River through the Platte Valley and Beebe canals. Milton Reservoir, which is an artificial man-made reservoir, was constructed to regulate and store water for irrigation. The reservoir is owned and operated by Farmer's Reservoir and Irrigation Company (FRICO). FRICO also owns the land surrounding the reservoir. Since its original construction in the early 1900s, the reservoir has accumulated a significant amount of sediment conveyed with inflows that enter the reservoir. In 2019, a geotechnical investigation was completed in the reservoir for the purpose of estimating the thickness of the sediments and evaluating the properties of deposited sediments and the native materials beneath. Sediments, consisting of primarily silty to lean clayey sands were found in thicknesses ranging from 3 feet to 10 feet thick. It is estimated that the accumulated sediments have resulted in approximately 4,000 to 8,000 acre-feet of lost reservoir capacity. FRICO started removing these sediments in November 2021 and will continue the removal process for approximately 10 years. The sediment removal process consists of using a dredge equipped with a cutter head and suction. The solids are removed as a slurry (approximately 20% solids) from the lake bottom and pumped through a large diameter pipeline to either the settling ponds or the cyclone where the dredge materials are dewatered prior to placing them in stockpiles. 2.0 RECLAMATION PLAN The disturbed areas that will require reclamation consist of stockpiles, settling ponds, and haul roads (temporary and permanent). Revegetation was selected as the type of reclamation for the stockpiles, settling basins, and temporary haul roads since these areas consisted of native grasses prior to the mining operations. Permanent roads which have been used during mining operations are also used for daily use of larger vehicles/equipment to support dam maintenance and by oil/gas companies for access to infrastructure. These roads are routinely graded and graveled and will continue to be maintained as such through the mining operations and after mining is completed to support operations and maintenance at the reservoir. There are approximately 2,660 acres of revegetation and 4 -acres of permanent roads. The locations of the settling ponds, stockpiles, and haul roads are presented on Exhibit F — Reclamation Plan Ma P. 2.1 VEGETATION EARTHWORK PLAN 2.2 SETTLING PONDS Scenario 1: Prior to the closure of mining operations, it is likely that the settling ponds will be backfilled with materials excavated from the reservoir basin. If this occurs, reclamation will involve grading the backfilled surfaces to restore the area's contours, ensuring they blend seamlessly with the natural topography. The inter -berms between the ponds will also be integrated into the overall landscape, and the entire area will be seeded and mulched to encourage regrowth of native vegetation. 1 A ERC Farmers Sand Exhibit E — Reclamation Plan Nov 2024 Scenario 2: The pond will be drained, and the surrounding embankments will be removed. The area will then be regraded to contours that blend with the surrounding landscape. Finally, it will be seeded and mulched to promote the regrowth of native vegetation. 2.2.1 STOCKPILES The stockpile slopes will be developed with an overall angle of 3H:1V as they are loaded, resulting in a roughly graded outer surface. To facilitate reclamation, these slopes will need to be further graded to establish more uniform contours that align with the existing topography. Once the slopes have been roughly graded, they will be scarified in preparation for seeding and mulching. 2.2.2 TEMPORARY HAUL ROADS Temporary haul roads are roads that have been constructed (graded and graveled) specifically for use during mining operations and will no longer be utilized after completion of these operations. Upon completion of the mining operations, these road surfaces will have the gravel removed and regraded to match surrounding topography. Once these roads have been roughly graded, they will be scarified in preparation for hydro -seeding and mulching. Interim sediment control BMPs (wattle, silt fence & erosion control blankets) will continue to be used to manage sediment and erosion until the disturbed areas reach final stabilization. 2.2.3 FINAL GRADING Final grading of stockpile slopes will be 3H:1V. Settling basins and temporary roads final grade will be restored to blend in with the surrounding topography. Final grading will be accomplished using a dozer and/or grader, as applicable. 2.3 VEGETATION PLAN The Site is situated within the Great Plains ecoregion at an approximate elevation of 4,800 feet above mean sea level (AMSL). The landscape within the Site surrounding the open water reservoir predominantly consists of Western Great Plains Sandhill Steppe (22%), Western Great Plains Shortgrass Prairie (10%), Cultivated Cropland (7%), and Pasture/Hay (7%). Smaller portions of upland habitat comprise less than 1% of the total area and include Inter -Mountain Basins Playa, Disturbed/Successional Shrub Regeneration, and Developed Open Space. Vegetated wetland habitat mapped within the site comprises less than 1% of the total land cover and includes a few small pockets of fringe habitat along the dam which are characterized by the Western Great Plains Floodplain, and Western Great Plains Riparian Woodland and Shrubland vegetation communities. The vegetation plan was developed so a single seed mix can be used throughout to establish ground cover quickly, minimize weed infestation, and stabilize the soil to reduce wind and water erosion with minimal maintenance. 2 2.3.1 SOIL CHEMISTRY Farmers Sand Exhibit E — Reclamation Plan Nov 2024 Understanding soil chemistry for any seeding work is critical for establishment success. Seed will not germinate and develop if soil chemistry is not within acceptable ranges. A minimum of 3 composite grab samples of soil in areas to be revegetated will be collected for laboratory analysis. The samples will be sent to Weld Laboratories, Inc. (www.wcldiabs.com) in Greeley, Colorado for a Complete Nutrient Test. Most critical soil chemistry parameters are salts below 2 mmhos/cm and pH between 6.0 to 7.5. 2.3.2 SOIL AMENDMENTS Once soil chemistry results are reviewed, soil amendments may be added or the seed mix modified. The addition of soil amendments (e.g., fertilizer + organic matter) will only be considered to facilitate more rapid and prolific native grass establishment. Soil amendments will only be applied based on the nutrient testing so as not to promote excessive weed growth. Initial recommendations for soil amendments include 1) Biosole Forte at a rate of 800 pounds per acre or 2) humates at a rate of 200 pounds per acre and mycorrhizae at a rate of 20 pounds per acre. Soil amendments will either be applied hydraulically to the soil surface or incorporated into the soil surface through other broadcast methods. 2.3.3 SOIL COMPACTION All areas to be seeded shall be ripped or tilled to a minimum depth of 3 -inches. Soil decompaction will be completed with a tractor, AN with disc/harrow, or with dozer rippers. 2.3.4 SEEDING The seed mix presented in the following table is diverse and effective at wind and water erosion control, is fast growing and has a fibrous and/or rhizomatous root system which will provide adequate ground cover. Seeding will be completed using drill methods (drill seeding is preferred) or by broadcast seeding on slopes or narrow locations where equipment may have limited access. 3 f- '1 a �; + -4 r �'; � 1-1.1.11 L - Farmers Sand Exhibit E — Reclamation Plan Nov 2024 Scientific Name o of Mix LBS/PLS Required er Acre Common Name Achnatherum hymenoides Indian ricegrass 10 6 Andropogon gerardii Big bluestem 10 7 Elymus lanceolatus Stream bank wheatgrass 20 11 Koeleria macrantha 0.1 Prairie Junegrass 20 Western wheatgrass 15 Pascopyrum smithii 12 S 2 Setaria italica Foxtail l millet Sporobolus cryptandrus Sand dropseed 20 0.1 Total: 100 38.2 Notes: LBS/PLS = pounds pure live seed. Values in table are per acre LBS/PLS values for Prairie Junegrass and Sand dropseed set to 0.1 due to high seeds/weight Quantity assumes 200 seeds per square foot broadcasted. Reduce 25% for drill seeding (150 seeds per square foot) Total quantity assumes 1.0 acre of seeding. Adjust accordingly for required seeding area. Species variety to be determined approved based on commercial availability. Final species composition and rates subject to commercial availability. 4 � ERC Farmers Sand Exhibit E — Reclamation Plan Nov 2024 • Seed will be purchased locally at Granite Seed (https://graniteseedl.corn) or Arkansas Valley Seed (https://ayseeds.com). ). O Dormant seeding is recommended generally between October through May when soil moisture is adequate. Summer seeding is not recommended. • Seed bags will be thoroughly mixed prior to distributing for seeding. • Drill Seeding is the most effective and preferred method. All seed is to be drilled one -quarter (1/4) inch to one-half (1/2) inch into the soil at the specified pure live seed (PLS) per acre rate with a mechanical grass drill with depth bands and an agitator in the seed box. Rows shall be spaced no more than seven (7) inches apart. One-half (1/2) of the required PLS per acre will be drilled in one compass direction, and then the remaining half of the required PLS per acre will be drilled in a direction ninety degrees (90°) to the first half. Drills will be calibrated to ensure the correct pounds per acre application rate. • Broadcast Seeding - Broadcast seeding may be used in places not accessible to drilling. All seed shall be uniformly broadcast at specified PLS per acre and covered with soil to a depth of one - quarter (1/4) inch to one-half (1/2) inch by hand raking, harrowing or similar method to ensure good soil -to -seed contact. Broadcast seeding shall be accomplished by hydro -seeding or using hand -operated "cyclone -type" seeders or rotary broadcast equipment attached to construction or revegetation machinery. All machinery will be equipped with metering devices. 2.3.5 MULCH AND STABILIZATION Mulching will follow seeding for immediate soil stabilization and to enhance seed germination. Mulching will be completed within twenty-four (24) hours after seeding. The following describes the two proposed methods of how mulch will be applied. • Hydraulic application of wood fiber (Profile High Performance Mulch -Wood) with organic tackifier (Ranter EM -Tack) at a rate of 2000 pounds per acre. Hydraulic application will result in a consistent and complete uniform coverage done from multiple angles to prevent any shadow effect areas. Wood fiber mulch is the best type to minimize weeds. • Erosion Control Blanket (ECB) secured to the soil surface. An appropriate ECB for this application is North American Green BioNetS75BN or S15OBN. This method will primarily be utilized on slopes where there is a greater chance of erosion from wind and water. 5 Farmers Sand Exhibit E — Reclamation Plan Nov 2024 The estimated areas to be seeded using the seed mix and application rates above are follows: Stockpiles -- 250 acres Settling Ponds —110 acres Temporary Haul Roads — 4 acres Total — 364 acres 2.3.6 TOPSOIL It is anticipated that topsoil will be placed at a minimum depth of 4 inches to 6 inches, if needed. Soil amendments will be used where needed based on soils testing. 3.0 POST -MINING LAND USE Historically and currently, Milton Reservoir land is used for access for reservoir/dam maintenance and monitoring and oil/gas operations. Mining operations including stockpile and settling pond locations have been situated to continue accommodating these uses. Future (post -mining) land use will continue accommodating these uses. 4.0 RECLAMATION SCHEDULE During mining operations, as settling ponds are constructed slopes will be seeded/mulched to provide a vegetative cover to reduce wind and water erosion. Stockpiles will be developed to form a stable configuration with side slopes no greater than 3H:1V. As settling ponds and stockpiles are no longer being utilized and upon completion of mining operations, reclamation operations will begin. Earth work such as cut, fill, contouring, and grading will take place immediately with seeding taking place between October through May. Water will be applied to seeded areas via a water truck. The anticipated seeding water schedule is weekly for the first four (4) months and then monthly for the next eight (8) months. This schedule may be adjusted according to weather conditions and vegetation establishment. 6 EXHIBIT F RECLAMATION PLAN MAP N3 STOCKPILE PLATTE VALLEY CANAL NORTH SETTLING PONDS (TO BE BACKFILLED) EXISTING GROUND SURVEY COMPLETED BY AYERS IN 2004 BASED ON NAD83 COLORADO STATE PLANES, NORTH ZONE, US FOOT. VERTICAL DATUM BASED ON NGVD29. 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ALAMEDA PKWY, SUITE 206 LAKEWOOD, CO 80228 { • a • • # p • r x a • f Sa• it • • • • - a p T•• p 04 a • p t•lj. • b• •f I• r• 4 l • I•F • • • 4. • i i p •. • • • ♦ a• • • • i a +•r • r-• +• r •4 • • •' - • •• y r.. I AP• E / i Y x• ▪ •••••••••••••r• •• h i jn • ♦ • • • • •s:. PI J • - . Ore" J , h • a p • • • • • • • f • ,. •ak • • • ♦ • • • • • •_,• • i•t•• i i,•t • r • . # ♦' • • •' s ♦ • • i ••a• • • • • • i a p • •-a, ewe •• • • i # • p 544 a + • * • '• • • • • • • • r i • I, ♦ • a - a p • 0 4 • • • - • • • . W •`.ann. 4• • • • •i ♦ ♦ s I t 1 * pf a•• • • ♦ r ♦ • • ♦ ! a ♦ • • • f r • '• e # • • . • • p 4 a• ♦ 4 r# • • ♦ • p • - i i •• 4 • t4 • i ♦ ♦ • •*• 10 • 4 - • •6.0::::. • / t •• i k 4 W • i ••• r • 4 • nwe um •:. Si• •I • •••• 4 / ef-- EVANS #2 DITCH f I - CHEVRON OIL/GAS SITE N2 STOCKPILE t • • • • • 4 t • • • S ♦ •' a • _ •R, • • • w 4 • I a • • •• • t • •••t • •. • • i • t •• ` • `• p• • f • t a a - 4 • • • • f • • `•• « • r Cat f4 S40 4 f,1`a *V • • • • • * 4' • • 4 - • r ♦ •••• • '• • 4 - • • • • s ! a . • s •• 4.!F a • f a • . . • t • • a• • 4 • I* • a • • 4 • • • ♦• NI STOCKPILE a - LAKE CHRISTINA •.•,• • • • a,- • • a • • • • • • 4 ♦ r t • • • a # ♦ a a: t • • p a • • • • • • + • t r • r • • • • + • •a a• i •` sI• ••• a it •»•• w ••• •••• p • a♦_ ••••• •• a• %basal pip a mg MILTON REST- _ HVOIR cuENT FARMERS RESERVOIR AND IRRIGATION COMPANY (FRICO) PROJECT wti` • F. f sr_ NOTES: 1. THE STOCKPILE SLOPES WILL BE CREATED WITH AN OVERALL ANGLE OF 3H:1V AS THEY ARE LOADED, RESULTING IN A ROUGHLY GRADED OUTER SURFACE. TO FACILITATE RECLAMATION, THESE SLOPES WILL NEED TO BE FURTHER GRADED TO ESTABLISH MORE UNIFORM CONTOURS THAT ALIGN WITH THE EXISTING TOPOGRAPHY. ONCE THE SLOPES HAVE BEEN ROUGHLY GRADED, THEY WILL BE SCARIFIED IN PREPARATION FOR SEEDING AND MULCHING.. LEGEND: t # # • • III • • • • • * • • ---- GILMORE CANAL - LOW LEVEL OUTLET WORKS r� FARMERS SAND MILTON DAM TITLE SEED AND MULCH PERIMETER STABILIZATION HAUL ROAD EMERGENCY SPILLWAY 41/4 944 Si 94,4 RECLAMATION PLAN NORTH SIDE SHEET R-1 RI EXISTING GROUND SURVEY COMPLETED I Y AYERS 4N 2004 BASED ON NADB3 COLORADD STATE PLANES, NORTH ZONE, US FOOT, V'ERTICA! DATUM BASED ON NOV029• DATE: I tar . . s • • • �-• s 1 s ♦ • s ♦ . . • • • • • • • • 1 • . • • • . • • a • ar • . . • • • • � �J••a •i"� } • • • • ••• • . •j. �• s • • P ♦ la Lr P • • • ••i f 5•• • • •••••�, t La •• •♦ • •• •lMi�iLti '4R• r•f. -'•�� ii WEST STOCKPILE -- - W[LL) C.OUWFY ROAD 32 10/20/21 ISSUED FOR REVIEW Asmodi • • • • ♦ • • . * . • •f ! !a. • • '• • • •.• a • • • •.S a • ! a •* •r • • • a ♦ a * • • . i • • •• • • • • ••• a •• • • a • IS S • �^• • .- r • r r • .. • • • • • • • • • 4 • • a •• • • • a • I • • • a1 • • • ▪ • ! , • • • •a I•' • a • • i• • ♦ • ▪ - • • • • • * a STOCKPILE 1 RECLAIMEO PLANT SITE AREA PfiIPAHW 81" ECOLOGICAL RESOURCES CONSULTANTS, INC 12345 W. ALAMEDA PKWY, SUITE 206 LAKEWOOD, Co 80228 a MILTON RESERVOI NI .44 CUENT FARMERS RESERVOIR AND IRRIGATION COMPANY (FRICO) PRCkiEICT FARMERS SAND 1 • 4 • • • • • • • • • e a • • • • ♦• • e • •• a • . P ! • r • n a a • • II i • r •! • • • • •••• • r• ••• a aI • •• ♦ . •••• • r • • • • • • • • • • • • • • • • a • • • • •a1 • • •• • s r' • • • • •• a• • • . • • • • • . • • E • R. • •••• . • • •• ••••• • .••••• •• 4 T-• 11 •• ••• ISO r • • • . •♦ a • • • a • • • • ♦ ♦ • • • a • • • LEGEND: Wm. ♦:•:•:l.1 SEED AND MULCH ----- PERIMETER STABILIZATION --- HAUL ROAD EAST STOCKPILE RECLAMATION PLAN SOUTH SIDE SHEET R-2 EXHIBIT G WATER INFORMATION � ERC EXHIBIT G - WATER INFORMATION SURFACE WATER RUNOFF Farmers Sand Exhibit G — Water Information Nov 2024 Milton Dam and Reservoir are located in southern Weld County approximately twelve miles north of Hudson, Colorado and thirteen miles south of Greeley, Colorado. The reservoir has an approximate storage capacity of 32,300 acre-feet at the spillway crest and 44,122 acre-feet at the dam crest. The Beebe Seep Canal feeds the reservoir from the south and the Platte Valley Canal from the northwest as shown in Exhibit C (b). In addition, precipitation falling directly on the reservoir and runoff from upstream watershed areas contribute to the reservoir. The mine area is situated along the perimeter of the Milton Reservoir, meaning that any runoff from the mine facilities will flow into the reservoir rather than onto neighboring properties. The watershed area that drains to the west side of the reservoir, where most of the mine facilities are located, extends northwestward and includes the nearby Pelican Lake Ranch neighborhood. While the mine development will not change the ultimate discharge point of the runoff, some rerouting may be necessary to manage runoff effectively. This will help prevent excessive ponding, erosion, and issues with driving on the site roads The tributary areas to the site extend about three miles to the northwest, encompassing approximately 3,940 acres as shown on Figure 1. Within this area, there are three primary drainages that converge at specific discharge points along the perimeter of the mine area. To assess the flow magnitude and volume at these points, a hydrologic evaluation was conducted using the computer program HEC-HMS which requires the following input parameters. • Runoff Collection Area and Characteristics • Rainfall to Runoff Correlation and Flow Routing • Meteorological Input and Precipitation Distribution The basin area, drainage length and average slope of the watershed are included in Table 1. Table 1: Watershed Geometric Properties 'BASIN 'PROPERTY BASIN I BASINi,3 BASIN 2 920 1,487 1,532 Area (ac) Watershed Length (ft) 12,500 16,1.00 18,200 Top Elevation (ft) 4,975 4,975 5,020 Bottom Elevation (ft) 4,808 4,802 4,807 Average Slope (%) 1.34 1.07 1.17 1 � ERC Figure 1: Watershed Map Farmers Sand Exhibit G — Water Information Nov 2024 BASIN 1 AREA = 920 AC BASIN 2 AREA = 1487 AC BASIN 3 AREA = 1532 AC 144 /i ti7.:14 PILE A Curve Number (CN), an empirical parameter used to estimate the amount of runoff resulting from a single precipitation event based on land use, soil conditions, and vegetation was used in this assessment. A CN of 72 was assigned to reflect the surface conditions, which consist primarily of sandy soils and extensive areas of gently rolling grassland with few shrubs and little to no trees. This classification is typical of semi -arid climates and includes shortgrass prairie, cultivated cropland, and pasture/hay, while also considering the large residential lots at Pelican Lake Ranch. A 10% impervious factor was used for conservatism. The model was completed using the 100 -year, 24 -Hour Storm event with a depth of 4.65 inches. The rainfall was distributed throughout the 24 -hour timeframe using the hypothetical storm option developed by the Natural Resource Conservation Service (NRCS). This method requires an input value for lag time which were estimated at 104, 127 and 132 minutes for Basins 1, 2 and 3, respectively. The rainfall was spread within the 24 hour period using the NRCS Type 2 distribution. 2 Farmers Sand Exhibit G — Water Information Nov 2024 Peak flows and runoff volumes were estimated based on the input parameters and the results of the are included in Table 2. Table 2: Results of Runoff Evaluation DESCRIPTION BASIN 1 BASIN 2 BASIN 3 2.2 2.2 Net Runoff (in) 2.2 Total Runoff (ac -ft) 169 273 281 Peak Flow (cfs) 472 659 661 Based on this evaluation, the following items will be implemented to control runoff: 1. Runoff from Basin 1 flows to the low point downstream of Settling Pond 3k The total estimated runoff volume generated by a 100 -year, 24 -hour storm event is approximately 169 acre-feet (7,362,000 cubic feet). The approximate inundation boundary is illustrated in Figure 2. The pond embankment is constructed with an internal zone of clayey material and have upstream and downstream side slopes of 3H:1V. The downstream slope has a well -established vegetative cover. The upstream slope is armored with riprap. As a result, ponding behind the embankment will not negatively affect its structural integrity. Additionally, FRICO will continue to address any issues related to pond stability. Figure 2: Runoff Inundation Area 3 Farmers Sand Exhibit G — Water Information Nov 2024 2. Basin 2 Discharge Point: Runoff from Basin 2 flows to the north end of the West Stockpile, near the existing oil and gas tank battery. To manage this runoff, a drive -through swale will be graded and reinforced with rock and gravel to prevent erosion of the sandy soils in the area. Riprap will be employed upstream and downstream of the crossing as required. 3. Basin 3 Discharge Point: Runoff from this basin reports the north side of the West Stockpile. A diversion channel will be constructed along the southwest perimeter of the West Stockpile to route runoff to the south then east across the site haul road. A diversion channel will be constructed along the southwest perimeter of the West Stockpile to direct runoff southward and then east across the site haul road. To manage runoff as it crossed the haul road, a drive -through swale will be graded and reinforced with rock and gravel to prevent erosion of the sandy soils in the area. Riprap will be placed both upstream and downstream of the crossing as needed. GROUNDWATER CONDITIONS The likelihood that the dredging process will impact groundwater appears small due to the relatively thin depth of deposit that will be excavated with respect to the groundwater in the area. The average excavation depth within the reservoir is on the order of 12 to 13 feet with maximum excavations reaching 20 feet along the outer rim of the reservoir (shown on Drawing C-2 in Exhibit D). The mine area sits over two known aquifers: the South Platte River Basin (SPRB) alluvium aquifer at the surface level and the Laramie Fox Hills (LFH) aquifer which is part of the Denver Basin Aquifer system. The top of the SPRB, found within the alluvium layer, is estimated to be at least 15 feet deep, if not deeper, outside the reservoir, where the reservoir level has minimal impact on groundwater. The top of the LFH is encountered at depths ranging from 60 to over 100 feet in the area around the lake (Hahn 2023). The estimated top of the SPRB alluvium aquifer is based on the following: • In March 2022, three exploratory test pits were excavated, all located on the west side of the lake as shown on the map below. The test pits were excavated at locations slightly above high water level of the lake within 200 feet. The water level in the lake at the time of excavation was approximately 4,797.5. The test pits were all excavated to a depth of 10 feet. None encountered the natural groundwater table (Hahn 2023). 0 In October 2022, a geotechnical investigation was completed to assess conditions for construction of a bridge near the inlet of the Platte Valley Canal to the Milton reservoir along the Beebe Draw Farms Pkwy. Two boreholes were drilled, one on either side of the canal. Groundwater was encountered at 16 feet and 20 feet on the west and east sides of the canal, respectively. The natural groundwater in the area is likely lower than these values as these depths are likely influenced by the water level in the canal/reservoir. • An inventory of wells surrounding Milton Lake was completed with 8 wells having been constructed in the alluvial sediments (Hahn 2023). Of these, one well was reported as a monitoring well installed at a site used for land application of wastewater. That site is no longer 4 Farmers Sand Exhibit G — Water Information Nov 2024 operational. Of the remaining 7 wells identified in the inventory, the wells were drilled to an average depth of 64 feet. The average depth to water in the wells was 31 feet, with a minimum depth to water of 27 feet, measured from ground surface. This information is summarized on Table 3 and a map showing the inventoried wells is shown on Figure 3. Table 3: Groundwater Depth Well N o . Sao �/�}j] • Permit 7'o♦ Total (ft) Depth i ll Depth Ya Water y( f� e } r (It) to 1 55 36 47556-MH 2 47558-MH 48 I 31 47559-MH 45 3 27 4 236201- 96 30 5 157030- 99.00 40.00 6 176969- 39 24 7 65 31 68855- 8 319033- 20 7 � ERC tat di 0-04 woe 55, 36 0 Figure 3: Well Inventory Location Map [4830.8 t [4s26.7 • 1LFH a • [-75,; a S -74.) roc LEGEND or LFH TO, SWL Milton Reservoir LFH 7-24t6.5. Farmers Sand Exhibit G — Water Information Nov 2024 Laramie Fox Hills well Alluvial well, total depth, SWL LEH ° Monitoring well for land application operations, discontinued • • OPERATIONAL WATER REQUIREMENTS Water used in the mining process will be supplied by FRICO's Milton Reservoir with excess recycled back to the reservoir. The dredging operation generates a slurry by excavating materials from the reservoir and mixing them with reservoir water, achieving a solids content of about 15% to 20%. At present, materials are dewatered using two methods: a cyclone and dewatering ponds. With the construction of the sand plant, an additional 3,500 to 4,500 gallons per minute (gpm) will be required to push materials through and clean the screens. Water from the sand plant will either be recycled directly to the reservoir if the fines content is low or routed to a settling pond for dewatering via the decant overflow system if needed. The use of the cyclone during the sand plant operation has yet to be determined. A general flow diagram and related values can be found in Figure 4. 6 13.200 glom Decant b run +r MILTON RESERVOIR Y Farmers Sand Exhibit G — Water Information Nov 2024 Figure 4: Flow Diagram 4,000 gm 5,000 cy/day Solids DREDGE 9,500 gpm Water Evap 00 gpm 15% to 20% Solids 1 SETTLING POND IMOWIESO lei .r SOSO 40 gpm Water 1-9014 Moisture), 160 gp.n Water i�4. alSails 1-15Si Moisture) 10 gpm Water Oversize 6% o; Solids 116% Moisture STOCKPILE (Over and Undersize) STOCKPILE (Loadaut) The only consumptive water use at the mine site consist of that needed for dust suppression. Approximately 10,000 to 15,000 gallons of water per day will be needed for dust control. The source of the water will be from the reservoir or settling ponds. RECLAMATION WATER REQUIREMENTS Reclamation will require approximately 650,000 gallons of water for the hydroseeding and 240,000 gallons during vegetation establishment (24 watering events at 10,000 gallons per event). Water from the reservoir will be used for reclamation. STORM WATER CONTROL PERMITS FRICO has acquired from the Colorado Department of Public Health and Environment CERTIFICATION TO DISCHARGE UNDER CDPS GENERAL PERMIT COR400000 STORM WATER ASSOCIATED WITH CONSTRUCTION ACTIVITIES, Certification Numbers: COR419504, COR414592, and COR418738. Copies of the permits are attached. EROSION AND SEDIMENT CONTROL Sediment and erosion control will be completed in phases with implementation of pre -construction BM Ps and work continuing through final stabilization. The plans will be dynamic and reviewed/adjusted periodically as the project develops over time. The Pre -Construction and Site Access Phase has included 7 ERC Farmers Sand Exhibit G — Water Information Nov 2024 the installation of vehicle tracking control, perimeter controls around stockpile locations, and stabilized staging areas. Perimeter control consists of installing sediment control logs or earthen berms as needed to intercept stormwater runoff from disturbed areas. If needed, stormwater runoff will be directed to sediment traps (ST) that will be constructed to capture runoff at low points around the facilities. The Construction Phase includes modifying the location of sediment control logs/berms as needed to accommodate stockpiles development, applying gravel and/or water to haul roads for dust control, surface roughening, seeding, and mulching, and developing stockpiles to form a stable configuration with side slopes no greater than 3H:1V. The Final Stabilization Phase will include temporary or permanent seeding, erosion control blankets, and removing all temporary BMPs when the site has reached final stabilization. REFERENCES Natural Resources Conservation Service (MRCS). National Engineering Handbook Part 630 Hydrology, Chapter 15. Hahn Water Resources, LLC, Memorandum of September 7, 2O23 to Heather Thompson with Subject: Preliminary Assessment of Groundwater Conditions at Milton Reservoir. 8 EXHIBIT H WILDLIFE INFORMATION A Ecological Resource Consultants, LLC 2820 Wilderness Place, Suite A I Boulder, CO I 80301 I (303) 679-4820 WILDLIFE REPORT MILTON RESERVOIR- FARMERS SAND PROJECT November 5, 2024 Weld County, Colorado Prepared for: Farmers Reservoir and Irrigation Company (FRICO) 80 South 27th Avenue Brighton, CO 80601 Contact: Scott Edgar Phone: (303) 659-7373 Email: scoff@farmersres.com ERC Project #: 342-2203 � ERC Milton Reservoir - Farmers Sand Project Wildlife Report Wildlife Report Milton Reservoir - Farmers Sand Project Weld County, Colorado November 5, 2024 CONTENTS 1.0 INTRODUCTION . !, 4.i..1 2.0 GENERAL SITE DESCRIPTION f. , . . .i. •4i00,_; 1 3.0 METHODOLOGY .P..,...1 4.0 EXISTING CONDITIONS........3 4.1 ONGOING MINING ACTIVITIES ., ,,,,,,,,,,,,,},,,,,,a,,arit.,3 5.0 VEGETATION COMMUNITIES 4 a... ....,.,.......i..4....i..,*b..,....a..i3 6.0 GENERAL WILDLIFE USE ,,,.,,.,, y.,..5 7.0 CPW SAM DATA .,...,,444 4, .t... * ai 5 8.0 MIGRATORY BIRDS a.............:..,.wP....,ia.i i 9.0 USFWS INCIDENTAL TAKE PERMIT.... .. • 13 10.0 CPW HIGH PRIORITY HABITAT ..,,...i.,,.,..i...Y......tr.........,.,.,..... 15 11.0 SPECIES PROTECTED UNDER THE ENDANGERED SPECIES ACT OF 1973 ......17 11.1 SPECIES NOT WITHIN RANGE OF THE SITE 17 11.2 WATER DEPLETION SPECIES17 11.3 SPECIES POTENTIALLY WITHIN RANGE OF THE SITE .,......., 18 12.0 STATE THREATENED AND ENDANGERED SPECIES ,,, ,,.,,i,19 12.1 SPECIES NOT WITHIN RANGE OF THE SITE 19 12.2 SPECIES POTENTIALLY WITHIN RANGE .....•.. a.....,r•.........r.sa►a...r.s.....ar.sir.a...20 13.0 REFERENCES 1...4444.. riai....,1.i ..Ki..l22 APPENDICES Appendix A — Incidental Take Permit Appendix B -- Exhibit C(e) Affected Land Vegetation Communities Map 1.0 INTRODUCTION Milton Reservoir - Farmers Sand Project Wildlife Report Ecological Resource Consultants, LLC (ERC) provides the following Wildlife Report for the proposed Milton Reservoir - Farmers Sand Project located in Weld County, Colorado. This report includes site -specific evaluation of wildlife habitat and use within the affected land (site) based on existing vegetation communities, species activity mapping (SAM) from the Colorado Parks and Wildlife (CPW), potential migratory birds and potential federal and state listed threatened or endangered species and/or habitat that could exist on or immediately surrounding the affected land. This report evaluates the potential impacts of the proposed project on wildlife and vegetation communities within the site. This report was prepared to support the 2024 Mine Plan permit application (specifically, Construction Materials Rule 6, Exhibit H — Wildlife Information) for Farmers Reservoir Irrigation and Company (FRICO). 2.0 GENERAL SITE DESCRIPTION The 3,208 -acre site is located in southern Weld County, approximately 12.5 miles southeast of Greeley, Colorado. The site is located in Sections 3, 4, 9, 10, 11, 13, 14, 15, 16, 22 and 23, Township 3 North, Range 65 West (Latitude 40°13'47.613" North, Longitude 104°38'24.236" West). A Location and US Geological Survey (USGS) Topographic Map are provided in Figure 1. The site can be accessed by taking 1-76 E toward Fort Morgan. From the interstate, take exit 34 toward Kersey Road, turn left at County Road (CR) 49, turn left at CR 34, turn left onto CR 47 and the first right onto CR 34. The site is located at the end of a gated dirt access road. 3.0 METHODOLOGY ERC evaluated the existing conditions, vegetation communities and general wildlife habitat within the site. The evaluation comprised a Geographic Information Systems (GIS) desktop review utilizing existing available mapping including: • Satellite Imagery Dated June 2024 (Apollo 2024) • GAP/LANDFIRE National Terrestrial Ecosystems data (GAP Analysis) for Colorado (USGS 2011) • CPW SAM Data (CPW 2023) • CPW High Priority Habitat (HPH) Mapping (CPW 2024) Site -specific field evaluation was conducted numerous times from 2021 to the present to evaluate existing conditions within the site. ERC conducted a literature review for potential resources as part of initial data collection for the preparation of this report. Among others, ERC reviewed the available literature sources including the US Fish and Wildlife Service (USFWS) Federal Register. This review specifically addresses Compliance with the Migratory Bird Treaty Act (MBTA) (16 U.S.C. 730-712), Bald and Golden Eagle Protection Act (BGPA), USFWS Endangered Species Act (ESA) of 1973, and CPW Colorado Statute Title 33. 1 � ERC Prepared By: 2820 Wilderness Place, Suite A Boulder, CO 80301 (303) 679-4820 ERC #: 342-2203 Milton Reservoir - Farmers Sand Project Wildlife Report FIGURE 1 USGS TOPOGRAPHIC & LOCATION MAP FARMERS SAND WELD COUNTY, COLORADO Map Legend Approximate Location Affected Land (Site) - Existing Haul Roads 2,500 5,000 Feet 2 I► ERC Milton Reservoir - Farmers Sand Project Wildlife Report 4.0 EXISTING CONDITIONS The project is situated within the Great Plains ecoregion at an approximate elevation of 4,800 feet above mean sea level (AMSL). Milton Reservoir, Beebe Seep Canal, Platte Valley Canal, and the Gilmore Ditch are depicted on the USGS Topographic Map within the site (Figure 1). Beebe Seep Canal occurs in the southern portion of the site and conveys water north into Milton Reservoir. Platte Valley Canal occurs in the northwest portion of the site and flows southeast into Milton Reservoir. Gilmore Ditch occurs in the northern portion of the site and conveys flows north out of Milton Reservoir. The northwestern shore peninsula has an access road on an upland berm that connects the uplands west of the reservoir to below the OHWM without crossing any wetland vegetation. Two boat ramps are located in the northern portion of the site with one present in the northeast corner and one in the northwest corner of the reservoir. The site is bound by agricultural land on all sides. Two exiting haul roads are located along the western portion of the reservoir. Approximately 40 active or idle but unclosed oil and gas facilities and associated infrastructure are located throughout the site (ECMC 2024). 4.1 ONGOING MINING ACTIVITIES Existing and ongoing mining activities on the site include dredging Milton Reservoir using a hydraulic dredge boat. The dredge operates on the water surface of Milton Reservoir from approximately March through November. The slurry is pumped from the dredge either to a hydraulic cyclone or into several settling ponds adjacent to Milton Reservoir. Once the settling ponds fill up with sediment removed from Milton Reservoir, earth moving equipment is used to remove the material from the settling ponds and it is hauled to an onsite location for staging. Ongoing dredge activities have occurred within Milton Reservoir from November 2021 to the present. The dredging operation at Milton Reservoir is anticipated to continue for several (10+) years. Additional proposed land disturbance associated with the Mine Permit includes the construction of additional settling ponds, sediment stockpile areas, a sand plant and associated infrastructure. 5.0 VEGETATION COMMUNITIES Vegetation communities within the site were evaluated by ERC using the USGS GAP/LANDFIRE National Terrestrial Ecosystems data (GAP Analysis) for Colorado (USGS 2011). The GAP Analysis provides GIS spatial data and classification of land cover and vegetation community type classification. In total, 10 vegetation communities and land cover types are mapped within the site, with Open Water comprising approximately 53% of the total land (Refer to Appendix B). In the upland areas, the site predominantly consists of Western Great Plains Sandhill Steppe (22%), Western Great Plains Shortgrass Prairie (10%), Cultivated Cropland (7%), and Pasture/Hay (7%). Smaller portions of the land comprise less than 1% of the total area and include Inter -Mountain Basins Playa, Disturbed/Successional Shrub Regeneration, and Developed Open Space. Vegetated wetland habitat mapped within the site comprises less than 1% of the total land cover and includes a few small pockets of fringe habitat along the dam which are characterized by the Western Great Plains Floodplain, and Western Great Plains Riparian Woodland and Shrubland vegetation communities. Refer to Table 1 for a detailed description of the vegetation communities and land cover types within the site. 3 Milton Reservoir - Farmers Sand Project Wildlife Report Table 1. USGS GAP Analysis Vegetation Communities and Land Cover Types Mapped Within the Site GA + 'Analysis Comm, ity Ty' '1. (Approximate) Acres Iota Cove Des i TO 579 - (Fresh) Open Water 1,686 53% All or lakes. areas soil. of open Specifically, water, inland generally waters less of than streams, 25% cover of rivers, ponds vegetation and 329 Plains - Western Sandhill Great Steppe 700 22% This drained, systems characterized dominated geography, soil system texture. deep and is by amount found ancient by sand sandy a sparse on soils floodplains. sagebrush. and somewhat season that to are moderately Associated of excessively often Typically, precipitation, associated dense this to system woody species disturbance, excessively with can dune is layer vary well with and - 331- Plains Prairie Western Shortgrass Great 322 10% This soils dominate system and is characterized this occurs primarily system are by extremely on blue flat grams. to rolling drought- The uplands short and with grasses grazing -tolerant. loamy that 556 - Cropland Cultivated 218 7% Areas soybeans, woody accounts also includes used crops for for vegetables, such greater all the land production as orchards than being tobacco, 20 actively of and and percent annual cotton, vineyards. tilled. of crops, total and Crop vegetation. such also as corn, perennial vegetation This class 557 - Pasture/Hay 238 7% livestock Areas of a perennial 20 percent grasses, grazing cycle. of total legumes, or the Pasture/hay vegetation. production or grass -legume of vegetation seed mixtures or accounts hay crops, for planted typically greater for than on 192 Plains - Western Floodplain Great 20 1% These dynamics underneath and within grazing less are the desirable and/or the largely perennial the floodplains. agriculture driven trees grasses is big rivers by snowmelt an important and These and areas forbs can of are be the in can the part often heavily region of invade mountains. this subjected degraded. with system. degraded hydrologic Grass Tamarix areas to cover heavy 194 Plains Woodland Shrubland - Western Riparian Great and 13 0% These found frequent stream can replace are in the livestock salinity, the the stream western non-native native and Great grazing, species. creek Plains. or trees heavy -side such When woodlands agricultural as tamarisk heavily runoff, and use, and shrublands such increasing Russian as too olive 581- Developed, Space Open 9 0% Includes mostly account commonly courses, erosion vegetation control, areas for include and less vegetation with in than or a the 20 large aesthetic mixture -lot form percent planted of of single-family purposes. some lawn in of total developed constructed grasses. cover. housing settings Impervious These materials, areas units, for most but golf surfaces parks, recreation, 458 -Inter Basins Playa -Mountain 1 0% Barren, the usually Intermountain alkaline desert West. playas, are found in closed basins in 575 Disturbed/Successional - Shrub - Regeneration 1 0% signs techniques, Areas between dominated where of which 1999-2001) and vegetation. a are relatively still have or recent visible identifiable regenerated on disturbance the imagery using to shrub change event (images detection or stunted has occurred, acquired tree Grand Total 3,208 100% 4 Milton Reservoir - Farmers Sand Project Wildlife Report 6.0 GENERAL WILDLIFE USE Wildlife can utilize the landscape in a multitude of ways. Wildlife can use specific habitats as areas of permanent or seasonal residence, breeding, migration, foraging, temporary shelter or as open space. The majority of potential wildlife habitat within the site is represented by the Western Great Plains Sandhill Steppe, Western Great Plains Shortgrass Prairie communities and a mix of native and nonnative grasses dominating the Cultivated Cropland, Pasture/Hay vegetation communities. Several disturbances currently affect the site's upland habitats, with active mining operations and adjacent oil and gas operations by others being the most significant. Stockpiles associated with mining activities on the north and west sides of the reservoir, ranging from 40 to 150 feet in height, have limited vegetation, significantly altering the natural landscape. Settling ponds along the reservoir's western edge are sparsely vegetated basins, spanning hundreds of feet in width. Two existing haul roads are present along the west and north sides of the reservoir. The stockpiles, settling basins, and haul roads along the western and northern boundaries collectively fragment the vegetation communities, reducing habitat connectivity and limiting the site's ability to support wildlife in these upland areas. The persistent noise from heavy machinery and haul trucks compounds the disruption, further limiting wildlife use within the uplands of the mining site. Beyond the immediate mining zone, disturbances become more dispersed, including vegetation impacts from agricultural land use, habitat fragmentation caused by barbed wire fencing, and further disturbances from oil and gas facilities. The open water of Milton Reservoir and its surrounding fringe wetlands support a diverse ecosystem, providing habitat for aquatic species, birds, amphibians, and mammals. These habitats function as key areas for foraging, breeding, migration stopovers, shelter, and movement corridors. However, recreational activities at the reservoir such as boating, fishing, and camping can disrupt wildlife behavior and reduce the availability of suitable habitat. Seasonal fluctuations in water levels, driven by agricultural and municipal water storage needs, can further disrupt wildlife activity and potential habitat. Despite these disturbances, migratory bird species utilizing Milton Reservoir appear somewhat adapted as nesting activity has been observed for a number of species (Section 8.0 Migratory Birds). The CPW has identified potential wildlife use areas for game and non -game species within the site which are summarized as follows in Section 7.0. 7.0 CPW SAM DATA The CPW SAM data identifies buffer zones and other distribution data for general wildlife species which is available in GIS format (CPW 2023a). This mapping provides information on wildlife distributions to public and private agencies and individuals, for environmental assessment, land management resource planning, and general scientific research. Some wildlife use areas that are part of the SAM program fall within the site. The specific CPW-mapped wildlife use areas or ranges for these species within the site are summarized as follows in Table 2. 5 ERC Table 2. CPW SAM Wildlife Use Areas within the Site Milton Reservoir - Farmers Sand Project Wildlife Report NON -GAME 1Bald Eagle Bald Eagle Nest Sites Bald Eagle Roost Sites Bald Eagle Communal Roosts ,r Bald Eagle Winter Concentration Bald Eagle Winter Forage Bald Eagle Winter Range Bats Big Brown Bat Overall Range Hoary Bat Overall Range Little Brown Myotis Overall Range Red Bat Overall Range Silver -haired Bat Overall Range Tri-colored Bat Overall Range Birds American Bittern Breeding Range Bobolink Breeding Range Brewer Sparrow Breeding Range 2Burrowing Owl Breeding Range Cassin Sparrow Breeding Range Ferruginous Hawk Breeding Range Golden Eagle Breeding Range Grasshopper Sparrow Breeding Range Lark Bunting Breeding Range Long -billed Curlew Breeding Range Mountain Plover Breeding Range Northern Harrier Breeding Range Prairie Falcon Breeding Range Rufous Hummingbird Migration w Range Swainson Hawk Breeding Range Upland Sandpiper Breeding Range Black -tailed Prairie Dog Black -tailed Prairie Dog Colony Potential Occurrence Black -tailed Prairie Dog Overall Range Geese Canada Geese Foraging Area Canada Geese Production Area Canada Geese Winter Concentration Area 6 Aes, ERC Milton Reservoir - Farmers Sand Project Wildlife Report CPW SAM Layer Wildlife Use Area within the Site Canada Geese Winter Range 1Great Blue Heron Great Blue Heron Nesting Area Great Blue Heron Foraging Area Great Blue Heron Historic Nesting Area Greater Prairie Chicken Greater Prairie Chicken Historic Range Olive -backed Pocket Mouse Olive -backed Pocket Mouse Overall Range 3Preble's Meadow Jumping Mouse Preble's Meadow Jumping Mouse Overall Range Reptiles Bullsnake Overall Range Common Gartersnake Overall Range Common Lesser Earless Lizard Overall Range Hernandez's Short -horned Lizard Overall Range Milksnake Overall Range North American Racer Overall Range Ornate Box Turtle Overall Range Painted Turtle Overall Range Plains Black -headed Snake Overall Range Plains Gartersnake Overall Range Plains Hog -nosed Snake Overall Range Prairie Lizard And Plateau Fence Lizard Overall Range Prairie Rattlesnake And Western Rattlesnake Overall Range Six -lined Racerunner Overall Range Snapping Turtle Overall Range Spiny Softshell Overall Range Terrestrial Gartersnake Overall Range Variable Skink and Many -lined Skink Overall Range Ring-necked Pheasant Ring-necked Pheasant Overall Range Sandhill Crane Greater Sandhilll Crane Overall Range 1White Pelican White Pelican Nesting Area White Pelican Foraging Area White Pelican Overall Range White-tailed Jackrabbit White-tailed Jackrabbit Overall Range 7 � ERC Milton Reservoir - Farmers Sand Project Wildlife Report W SAM - er Wildlife Use Area within the Site GAME SPECIES °Mule Deer Mule Deer Concentration Area Mule Deer Resident Population Area Mule Deer Severe Winter Range Mule Deer Winter Range Mule Deer Overall Range White-tailed Deer White-tailed Deer Overall Range Several species warranted additional consideration and are addressed subsequently in this report: 'Further addressed in Section 8.0 Migratory Birds 2 Further addressed in Section 12.0 State Threatened and Endangered Species Further addressed in Section 11.0 Species Protected under the ESA Further addressed in Section 10.0 High Priority Habitat • Based on a review of the CWP SAM data, the site occurs within numerous mapped species' overall ranges. The site represents only a minor portion of these regional ranges; therefore, the proposed expansion to the existing mining operation is not expected to negatively impact the overall range for these species. • The protection of migratory birds is further addressed in Section 8.0 Migratory Birds. • The CPW SAM data identified the following wildlife use areas and nest sites for bald eagles, great blue heron and American white pelican, which are further addressed in Section 8.0 Migratory Birds: o Bald Eagle Roost Sites o Bald Eagle Communal Roosts o Bald Eagle Winter Concentration o Bald Eagle Winter Forage o Bald Eagle Winter Range o Great Blue Heron Nesting Area o Great Blue Heron Foraging Area o White Pelican Nesting Area o White Pelican Foraging Area o White Pelican Overall Range • A bald eagle Incidental Take Permit was obtained for the project on April 26, 2023, Eagle Take Form 3-200-71 (Eagle Take — Associated with but not the Purpose of an Activity (Incidental Take Permit) (Appendix A). The Incidental Take Permit is summarized in Section 9.0. Burrowing owl breeding habitat is further addressed in Section 12.0 State Threatened and Endangered Species. • Preble's meadow jumping mouse is further addressed in Section 11.0 Species Protected under the ESA. • Mule deer are further addressed in Section 10.0 High Priority Habitat. 8 8.0 MIGRATORY BIRDS Milton Reservoir - Farmers Sand Project Wildlife Report Migratory birds are protected under the Migratory Bird Treaty Act (MBTA) (16 U.S.C. 730-712). The MBTA makes it illegal for anyone to take, possess, import, export, transport, sell, purchase barter, or offer for sale, purchase, or barter any migratory bird, or the parts, nests, or eggs of such a bird except under the terms of a valid permit issued pursuant to Federal regulations. In Colorado, all birds except for the European starling (Sturnus vulgaris), house sparrow (Passer domesticus) and rock pigeon (Columba Livia) are protected under the MBTA. A total of 523 migratory bird species are known to occur in the Mountain - Prairie Region (USFWS Region 6, Montana, Wyoming, Utah, North Dakota, South Dakota, Nebraska, Kansas and Colorado); 320 of the 523 migratory bird species are known to breed in USFWS Region 6. MBTA Nests and Raptor Species (Non -Eagle) • The CPW SAM data (Section 7.0) indicates that the site falls within the overall range of several migratory bird and non -eagle raptor species. Numerous field assessments by ERC from 2021 to the present identified numerous MBTA nests and non -eagle raptor nests. These birds, their eggs, and active nests are protected under the MBTA, and taking or possessing these resources is prohibited. Active nests must become inactive before the destruction of the nest without a USFWS permit. The USFWS regulates active raptor nest sites under the MBTA with local review from the CPW. CPW has established recommended protective buffer zones and seasonal activity restrictions for a variety of Colorado raptors (CPW 2020). No non -eagle raptor nest protection buffers are identified on the CPW SAM data within the site (CPW 2023a). Nest protection buffers are mapped on the site for the great blue heron and white pelican, which are discussed subsequently. 0 Disturbances associated with the proposed project will include the removal of vegetation to construct additional settling ponds and stockpile areas and the utilization of haul roads to transport sediment for processing and storage. Additionally, continued dredging of the reservoir will occur from approximately March through November when reservoir drawdown can occur without impacting water delivery. • Prior to vegetation removal, a nest survey will be completed to ensure that active nests are not disturbed. Generally, the active nesting season in this region of Colorado occurs between April 1 and August 31 for most non -raptor migratory birds and between February 1 and September 15 for non - eagle raptors. Haul road usage and dredging activities will avoid trees or locations with active MBTA and raptor nests. Dredging activities will be limited during the active migratory bird and raptor breeding season per CPW buffer zone protocol (CPW 2020). Great Blue Heron and White Pelican Nesting Areas A vast abundance (>200) of active great blue heron (Ardea herodias) nests were observed within the site during a 2021 field inspection. The 2024 field evaluation occurred outside of the active nesting season, however, the presence of blue herons within the western side of the site was confirmed. Blue herons return to the same nest site for consecutive breeding seasons. CPW recommends a 500 -meter buffer for active great blue heron nests and a seasonal restriction on human encroachment from March 1 to July 1 (CPW 2023b). Impacts related to human activity and development can disrupt heron nesting and cause nest abandonment and mortality. CPW mapped buffer zones for the great blue heron within the site (CPW 2023a) are shown in Figure 2. 9 Milton Reservoir - Farmers Sand Project Wildlife Report • Mine activities that will occur within the great blue heron nest buffer include ongoing dredging of the reservoir from March through November, sediment removal from the In -Reservoir (In -Res) Settling Ponds and transportation of the material using the existing haul roads to Stockpile 1 or the West Stockpile area and vegetation removal for construction of the North Settling Ponds (6, 7 and 8). The proposed mine activities within the great blue heron buffer are shown in Figure 2. • The CPW SAM data identified an American white pelican (Pelecanus erythrorhynchos) nesting area on the western side of the site. The CPW recommends a seasonal restriction to human disturbance on those islands and/or beach areas where any pelican nests are found from April 15 to August 15 (CPW 2023b). The CPW mapped buffer zone for the white pelican nesting area within the site (CPW 2023a) is shown in Figure 3. • Mine activities that will occur within the white pelican nesting buffer include ongoing dredging of the reservoir from March through November, sediment removal from the In -Res Settling Ponds and transportation of the material using the existing haul roads to Stockpile 1 or the West Stockpile area. The proposed mine activities within the great blue heron buffer are shown in Figure 3. • Nesting sites for the white pelican and the great blue heron rookery will be avoided during the recommended buffer seasons for each species (CPW 2023b). To comply with CPW buffer zone protocols, dredging activities will be strategically sequenced during the nesting season. Dredging operations within the reservoir, ongoing since 2021, are conducted using a floating dredge equipped with an on -board pump. This method limits disturbances to the immediate vicinity of the dredging vessel, with only minimal noise generated. Disturbances within the In -Res Settling Ponds have also been ongoing since 2021. These reservoirs are now filled with sediment and future activities will include removing and transporting the sediment to the nearby stockpile locations, which have also been utilized since 2021. Observations from 2021 until the present confirm that the great blue heron rookery and white pelican nesting area have remained intact since the initiation of mining activities in 2021, suggesting that these species may demonstrate a degree of tolerance to the operational presence and noise produced by the mine. New disturbances within the great blue heron rookery will include the construction of the North Settling Ponds. These areas are located on the west side of the existing haul road and are separated from the rookery by a large berm. Construction of the North Settling Ponds will occur outside of the great blue heron nesting season from March 1 to July 1 (CPW 2023b). 10 Milton Reservoir - Farmers Sand Project Wildlife Report ERC Prepared By: 2820 Wilderness Place, Suite A Boulder; CO 80301 (303) 679-4820 ERC #: 342-2203 Map Legend ® Affected Land (Site) Approximate Great Blue Heron Rookery ID Great Blue Heron Nesting Area (5OOm Buffer) Existing Haul Roads Mine Actitivites Sediment Removal Area FIGURE 2 - CPW SAM GREAT BLUE HERON FARMERS SAND WELD COUNTY, COLORADO Species Activity Mapping (SAM) GREAT BLUE HERON Seasonal Activity Area Definitions .NESTING AREA (ROOKERY) Groups of or individual trees containing nest platforms and a buffer zone extending 500 meters around a known active or inactive nest site Nest platforms are usually located in dominant trees associated with riparian habitats In Colorado, human activity al active sites should he restricted from March 1 to July 1 0 0 500 1,00 11 ERC Milton Reservoir - Farmers Sand Project Wildlife Report Prepared By: 2820 Wilderness Place, Suite A Boulder, CO 80301 (303) 579-4820 ERC #: 342-2203 FIGURE 3 - CPW SAM AMERICAN WHITE PELICAN FARMERS SAND WELD COUNTY, COLORADO Map Legend Affected Land (Site) White Pelican Nesting Area Existing Haul Roads Mine Plan Species Activity Mapping (SAM) WHITE PELICAN Seasonal Activity Area Definitions NESTING AREA Those islands and;o' beach areas where any pelican nests are found Human disturbance should be eliminated from these areas from April 15 to August 15 0 500 1,000 I. I Feet 12 Milton Reservoir - Farmers Sand Project Wildlife Report Bald Eagle Nest Sites • ERC confirmed four active eagle nests (Nests A, B, C, and D) on March 31, 2023; June 28, 2024; July 26, 2024; and August 9, 2024. A fifth potential alternate nest was also identified during the 2024 season. The status of all five nests will be reassessed after December 1, 2024, when the bald eagle nesting season begins. The location of the eagle nests is shown in Figure 4. • Eagle species are regulated by the USFWS under the MBTA and Bald and Golden Eagle Act with local review from the CPW. CPW has established specific recommended protective buffer zones and seasonal activity restrictions for bald and golden eagles. O A bald eagle Short Term Incidental Take Permit was obtained for the project effective June 11, 2024 (#MBPER3656925) and expires May 31, 2029 (Appendix A). The Incidental Take Permit is summarized in Section 9.0. 9.0 USEWS INCIDENTAL TAKE PERMIT The project received a Short -Term Incidental Take Permit (#MBPER3656925) from the USFWS for four bald eagle nest sites on the western side of Milton Reservoir (expires May 31, 2029) (enclosed as Appendix A). Refer to Figure 4 for the location of the nest sites and the regulated 660 -foot disturbance buffer. The CPW data identifies the nests as: 01149A (Destroyed, no longer present) 01149B (Nest is Intact, occupation undetermined) 01149C (Nest is Intact, occupied) 01149D (Nest is Intact, occupied) The following conditions are required by the permit: 1. Annual Report to MBTA Permit office a. Complete form (Form 3-202-15) for each nest and each monthly monitoring event. b. Monitoring required from 2024-2031 during the nesting season. For USFWS Mtn Prairie Region, per CPW agreement, nesting season is considered Dec 1 through July 31 (CO only). c. No monitoring is required if activities are outside of the Jan 1 Aug 31 timeframe. d. Avoid moving dredge boat and pontoon boat through the Nest D buffer before dawn or dusk. Disruptive construction (dredging, heavy equipment work, other loud activities) within the 660 -foot buffer must occur outside the Jan 1 -Aug 31 timeframe when eagles are most sensitive unless there is a biological monitor on site. e. Monitoring to occur early morning, before sunrise or late afternoon just prior to sunset (5am-8am; 3pm-5pm) f. Monitoring to be completed at least once per month for a minimum of 1 hour. 13 Milton Reservoir - Farmers Sand Project Wildlife Report g. If monitoring determines the nest is inactive or failed as of June 1, then monitoring can be discontinued for the remainder of the nesting season. h. If young are present, and documented as having fledged by June or July, then no additional visits during the nesting season is necessary. i. If no eagle activity is observed, a report is still required. The report must indicate "No activity observed". ERC observed a new alternate bald eagle nest along the western side of the reservoir (Latitude 40.224947° N, Longitude -104.649520°W) (refer to Figure 4). This nest was not included in the USFWS Take Permit therefore the applicant is in consultation with CPW, and the permit will be amended as necessary to remain in compliance through the expiration date of May 31, 2029. 14 Milton Reservoir - Farmers Sand Project Wildlife Report Map Legend Affected Land (Site) Existing Haul Roads Sediment Removal Area Mine Plan Bald Eagle Nest Sites Bald Eagle Nest Sites (Take Permit) 1 Potential Alternate Nest Site (New) 7 Bald Eagle Nest Buffer (660 FT) Prepared By: 2820 Wilderness Place, Suite A Boulder; CO 80301 (303) 679-4820 ERC it: 342-2203 FIGURE 4 - BALD EAGLE NEST SITES FARMERS SAND WELD COUNTY, COLORADO 0 750 1,500 Feet 15 r ERC Milton Reservoir - Farmers Sand Project Wildlife Report 10.0 CPW HIGH PRIORITY HABITAT The CPW developed High Priority Habitat (HRH) areas to ensure land use development recommendations are consistent statewide (CPW 2023c). This data was compiled for the Colorado Energy & Carbon Management Commission in response to SB181. CPW HPH data was reviewed, and four areas are mapped within the site: Bald Eagle Active Nest Site (0.5 mile buffer), Bald Eagle Active Nest Site (0.25 mile buffer), Bald Eagle Roost Site and Mule Deer Severe Winter Range. Bald Eagle HPH • The monthly monitoring requirements and mitigation measures for the project comply with the terms of the USFWS 2024 Take Permit. Disturbances to this HPH have been minimized to the extent practicable. Monthly monitoring and consultation with CPW will continue for the duration of the permit (expires June 15, 2029). Mule Deer Severe Winter Range Habitat The CPW has identified Mule Deer Severe Winter Range Habitat within the project area (CPW 2023c), as shown in Figure 5. CPW defines Mule Deer Severe Winter Range Habitat as: That part of the overall range where 90% of the individuals are located when the annual snow pack is at its maximum and/or temperatures are at a minimum in the two worst winters out of ten. No permitted or authorized human activities from December 1 to April 30. Since 2021, FRICO has conducted dredging operations at Milton Reservoir, which take place primarily when water levels are lower, from March through November. During the summer months, dredging is performed with a cutter -head dredge boat that operates continuously, 24/7, to remove bottom sediments. This material is pumped as a slurry to a discharge basin near the shore. The dredging season can extend into December, depending on weather conditions. Potential Impact on Mule Deer Severe Winter Range Habitat • The site lies within CPW mapped Mule Deer Severe Winter Range Habitat, which presents the potential for temporary habitat disturbances from mining activities. These disturbances are considered temporary as future reclamation will occur according to the site's reclamation plan. Most dredging operations occur during the warmer months when mule deer are less reliant on Severe Winter Range. Some mining activities may overlap with milder winter conditions in November/December and March/April, though these periods typically pose fewer risks to mule deer populations. • Mule deer do not directly utilize the reservoir itself, making it unlikely that dredging operations will directly impact Severe Winter Range Habitat. Additionally, no dredging operations are planned during peak winter conditions when snowpack and low temperatures are at their most extreme. Reclamation and Post -Mining Land Use • Reclamation efforts will target disturbed areas, including stockpile areas, settling ponds, and both temporary and permanent haul roads with the lands returned to rangeland. Approximately 2,660 acres will be revegetated, with 4 acres designated as permanent roads. Grading, seeding, and mulching will establish ground cover to minimize weed growth and stabilize the soil, reducing erosion with minimal maintenance requirements. The future, post -mining landscape will continue to support reservoir use, dam maintenance, and oil and gas operations. 16 Milton Reservoir- Farmers Sand Project Wildlife Report 11.0 SPECIES PROTECTED UNDER THE ENDANGERED SPECIES ACT OF 1973 The ESA of 1973 was enacted by the United States to conserve endangered and threatened species and the ecosystems that they depend on. Under the ESA, species may be listed as either "endangered" or "threatened"; both designations are protected by law. The ES/Vis administered by the USFWS. The USFWS has developed project -specific species lists, available online by request, identifying threatened, endangered, and proposed species, designated critical habitat, and candidate species protected under the ESA that may occur within the boundary of the proposed project and/or may be affected by the proposed project (USFWS 2024) (Project Code: 2024-0145993). The species list for the site has identified a total of seven threatened or endangered species within the site. 11.1 SPECIES NOT WITHIN RANGE OF THE SITE The following federally listed threatened and endangered species are identified to occur within Weld County. However, these species are not known to exist within the specific vicinity of the site and/or have specific habitat requirements (i.e., elevation range) that are not common in the vicinity of the site. *S Common Narn:e Determination Status* Scientific Name Whooping crane FT NO EFFECT; HABITAT LACKING Grus Americana tatus key: FT— Federally Threatened, FE — Federally Endangered The site does not contain the specific habitat characteristics necessary to support the species listed above. This species is not likely to occur within the site, therefore any future land use changes would not likely adversely affect the continued existence or available habitat of the species. 11.2 WATER DEPLETION SPECIES The USFWS under the ESA has determined that water depletions in the South Platte River Basin could be considered an adverse effect to the species identified below. The site is considered to be located within the South Platte River Basin. 'Common Name 1 Scientific Name Status* Determination FE NOT LIKELY TO ADVERSELY AFFECT Scaphirhycchus albus Pallid sturgeon FT NOT LIKELY TO ADVERSELY AFFECT Piping plover Charadrius melodus *Status key: FT— Federally Threatened, FE — Federally Endangered Any water -related project conducted in the Platte River Basin that has a federal nexus; such as federal funding or a federal permit (i.e., Section 404 Clean Water Act (CWA) Permit), is subject to ESA Section 7 Consultation with the USFWS. The consultation is a mandate for water depletion projects that may adversely affect threatened and endangered species that rely on the South Platte River. Currently, the proposed project does not involve a federal nexus that would trigger ESA Section 7 Consultation with the USFWS. As a result, the project is not expected to adversely affect water - depletion species, their habitats, or any proposed or designated critical habitats. 17 � ERC Milton Reservoir- Farmers Sand Project Wildlife Report 11.3 SPECIES POTENTIALLY WITHIN RANGE OF THE SITE The following federally listed threatened and endangered species are identified to occur or historically occur within Weld County (USFWS 2024). The site is located within the potential known range for these species to occur. Further analysis was conducted to determine if the species or habitat has the potential to exist on the site considering site -specific conditions and characteristics. A brief explanation is provided as to the species life cycle, habitat requirements and potential occurrence on the site. The site is not within designated critical habitat for the species listed below. Common Name Scientific Name Status* Habitat Project Rational Determination Eastern Rail Black FT i. Dense vegetative within freshwater marshes. Interspersed or adjacent shallow to 6 centimeters. and salt water complex cover and with, to, very of 1 The canopy drawdown further of site potential limits lacks and the of a the the habitat. shrub seasonal reservoir suitability Laterallus jamaicensis NOT ADVERSELY HABITAT PRESENT LIKELY TO AFFECT; NOT Preble's Meadow Jumping Zapus hudsonius preblei FT Undisturbed riparian with herbaceous vegetation, 7,600' 300' canals, wetlands. dense of and vegetated ditches, habitat within below and The vegetation reservoir suitable adjoining disturbed activities potentially dense does habitat. uplands further fringe by around suitable not mining The limiting cattail the contain are habitat. highly LIKELY TO AFFECT; NOT Mouse NOT ADVERSELY HABITAT PRESENT Ute Ladies'- tresses orchid Spiranthes diluvialis Typical open vegetated habitats. not with species reed or cattails. compete aggressive canary monocultures and habitat such They is sparsely riparian do well as grass The dominated open do habitat not fringe water contain for wetlands by this of cattails the suitable species. reservoir and LIKELY TO AFFECT; NOT FT of NOT ADVERSELY ' HABITAT PRESENT Western Fringed g Prairie Orchid Platanthera praeclara FT Found prairies meadows. in native and sedge wet the The dominated conditions do habitat seasonally not fringe contain for wetlands of this by the cattails fluctuating suitable species. reservoir and NOT LIKELY TO ADVERSELY AFFECT; HABITAT NOT PRESENT 18 � ERC Milton Reservoir - Farmers Sand Project Wildlife Report 12.0 STATE THREATENED AND ENDANGERED SPECIES Species identified as state threatened or endangered are protected by the CPW under Colorado Statute Title 33. State regulations prohibit "any person to take, possess, transport, export, process, sell or offer for sale, or ship and for any common or contract carrier to knowingly transport or receive for shipment" any species or subspecies listed as state endangered or threatened. The CPW also has identified State Species of Special Concern, which are species or subspecies of native wildlife that are currently vulnerable in their Colorado range and have the potential to become threatened or endangered. Species of Special Concern are not protected under State regulations but the `take' of individuals and disturbance of their habitat is strongly discouraged. All state listed species were screened as potential inhabitants of the survey area based on general habitat requirements and CPW Species Profiles (CPW 2024). ERC evaluated the species listed by CPW as threatened or endangered that could potentially exist within the survey area. All animal species listed above as threatened or endangered by the USFWS are also listed by the CPW as threatened or endangered, respectively, therefore were not duplicated below. 12.1 SPECIES NOT WITHIN RANGE OF THE SITE The following listed threatened and endangered species are identified to occur within the state (CPW 2024). However, these species are not known to exist within the specific vicinity of the survey area and/or have specific habitat requirements (i.e., elevation range) that are not common in the vicinity of the survey area (CPW 2024 and USFWS 2024). Common Name Went c Name Status* Determination Boreal toad Bufo boreas boreas SE NO EFFECT; HABITAT NOT PRESENT Arkansas darter ST NO EFFECT; HABITAT NOT PRESENT Etheostoma cragini Bonytail Gila elegans SE NO EFFECT; HABITAT NOT PRESENT Brassy minnow ST NO EFFECT; HABITAT NOT PRESENT Hybognathus hankinsoni Colorado pikeminnow Ptychocheilus luck's ST NO EFFECT; HABITAT NOT PRESENT ST NO EFFECT; HABITAT NOT PRESENT Luxilus cornutus Common shiner Greenback trout cutthroat Oncorhynchus clarki stomias ST NO EFFECT; HABITAT NOT PRESENT Ursus arctos SE NO EFFECT; HABITAT NOT PRESENT Grizzly bear Humpback chub ST NO EFFECT; HABITAT NOT PRESENT Gila cypha Kit fox Vulpes macron's SE NO EFFECT; HABITAT NOT PRESENT SE NO EFFECT; HABITAT NOT PRESENT Lake chub Couesius plumbeus Lesser prairie -chicken Tympanuchus pallidicinctus ST NO EFFECT; HABITAT NOT PRESENT Lynx canadensis SE NO EFFECT; HABITAT NOT PRESENT Lynx Northern redbelly dace Phoxinus eos SE NO EFFECT; HABITAT NOT PRESENT Plains minnow SE Hybognathus placitus NO EFFECT; HABITAT NOT PRESENT Plains grouse sharp -tailed Tympanuchus phasianellus jamesii SE NO EFFECT; HABITAT NOT PRESENT Razorback sucker Xyrauchen texanus SE NO EFFECT; HABITAT NOT PRESENT Rio grande sucker Catostomus plebeius SE NO EFFECT; HABITAT NOT PRESENT River otter Lontra canadensis ST NO EFFECT; HABITAT NOT PRESENT Southern redbelly dace Phoxinus erythrogaster SE NO EFFECT; HABITAT NOT PRESENT 19 A ERC Milton Reservoir - Farmers Sand Project Wildlife Report Common Name Scientific Name Status* Determination Southwestern flycatcher willow SE NO EFFECT; HABITAT NOT PRESENT Empidonax traillii extlmus Phenacobius mirabilis SE NO EFFECT; HABITAT NOT PRESENT Suckermouth minnow SE NO EFFECT; HABITAT NOT PRESENT Wolverine Gulo gulo * Status key: ST — State listed as threatened, SE - State listed as endangered • The site does not contain the specific habitat characteristics necessary to support the species listed above. These species and/or critical habitat are not present within the site. Therefore, any future land use changes will have no effect on the species, their habitats, or proposed or designated critical habitat. 12.2 SPECIES POTENTIALLY WITHIN RANGE The following state listed threatened and endangered species are identified to occur or historically occur within Weld County. The site is located within the potential known range for these species. Further analysis was conducted to determine if the species or habitat has the potential to exist on the site considering site -specific conditions and characteristics. A brief explanation is provided as to the species life cycle, habitat requirements and potential occurrence within the site. Common Name Scientific Name Li l Status* Determination Habitat Athene cunicularia POTENTIALLY WITHIN RANGE ST Nesting especially prairie dog habitat in colonies. both occurs in active and burrows, inactive Burrowing owl -- * Status key: ST — State Threatened, SE - State Endangered BURROWING OWL (ATHENS CUNICULARIA) The burrowing owl (Owl) is listed as a state threatened species in Colorado. The Owl is small (length of 24 centimeters), long-legged, boldly spotted, and barred with brown and white. The Owl is a breeding species across the plains of eastern Colorado however, it rarely winters in the state. Nesting habitat is in burrows, especially in both active and inactive prairie dog colonies, located in grasslands, mountain parks, well - drained steppes, deserts, prairies, and agricultural lands from late March through October. The Owl can usually be observed on low perches such as fence posts, dirt mounds or the ground. Clutch size of this Owl averages six to seven and incubation lasts up to 30 days. The owlets usually run and forage at 4 weeks and fly at 6 weeks. Primary threats to the existence of this species are habitat loss due to intensive agriculture, habitat degradation and fragmentation due to control of burrowing mammals and predation by cats and dogs. • The CPW Sam Data identifies the entire site as Burrowing Owl Breeding Range (Section 7.0 CPW SAM Data). No Owl individuals were observed in or surrounding the site. However, areas that contain prairie dog burrows are visible on the aerial imagery, which is considered potential Owl habitat. 20 � ERC Milton Reservoir - Farmers Sand Project Wildlife Report • Owl habitat is considered likely to occur within the site. Prior to any future land use changes, a burrowing owl survey is recommended in accordance with CPW Burrowing Owl Survey Protocol (CPW 2021 • Any disturbances, including vegetation removal, should not occur during Owl breeding season in Colorado (generally between March 15 and October 31), without an Owl survey. According to CPW guidelines, disturbance is prohibited within % mile (660 feet) of a Burrowing Owl nesting site during nesting season, March 15 through August 31(CPW 2020). 21 A ERC 13.0 REFERENCES Milton Reservoir - Farmers Sand Project Wildlife Report Apollo. Apollo Mapping, LLC. 2024. Satellite Imagery Acquired from AIRBUS DS GEO dated June 2024. Armstrong, D.M., et al. Edited by M.E. Bakeman. May 1997. Report on Habitat Findings of the Preble's Meadow Jumping Mouse. Presented to the US Fish and Wildlife Service and the Colorado Division of Wildlife. CPW. Colorado Parks and Wildlife. 2020. Recommended Buffer Zones and Seasonal Restrictions for Raptors. Available online at: https://cpw.state.co.us Docur eats/WildlifeSpecies/LivinfWit Wiidlife,Raptor-Buffer- Guidelines.pdf CPW. Colorado Parks and Wildlife. 2021. Recommended Survey Protocol and Actions to Protect Nesting Burrowing Owls. Available online at: https://cpw.state.co.us/Documents/WiIdlifeSpeciesjLiving ith ►+'ildlife/Recomme ded-Sure . Protocol -Burrowing -Owls. pdf CPW. Colorado Parks and Wildlife. 2023a. Species Activity Mapping (SAM), Geographic Information Systems (GIS) Data. Updated December. Available online at: hrttp://wwwv.arcgis.corn/h+arse, item.l tml'ids1.9(573c5aba643aobc058e6f7f0510b7 CPW. Colorado Parks and Wildlife. 2023b. CPW Recommendations to Avoid and Minimize Impacts to Wildlife from Land Use Development in Colorado. July 19. Available online at: https://cpw.state.co.us/'Documents/Conservation-Resources "�= -► �_, a,� �i'��''� < l l 7 ;''b �''w��'�I H I H I ii n p. Layers. pdf CPW. Colorado Parks and Wildlife. 2023c. High Priority Habitat (HPH), Geographic Information Systems (GIS) Data. Updated December 22. Available online at: htt s: www.a►rcgis.com/home/'its_!rn.html?id=104877140e534e52840a2bc380390495 CPW. Colorado Parks and Wildlife. 2024. Threatened and Endangered List. Available online at i itp://cpw.state.co.0 learn/Pad;es/SOC-ThreatenedEndangered List.asx ECMC. Energy & Carbon Management Commission. 2024. Data Downloads. Available online at: https: /ecmc.state. co.us/'data2.htmlitidownloads Robert A. Schorr, Brian S. Mihlbachler. 2018. Understanding Habitat Quality for Preble's Meadow Jumping Mouse: How Survival Responds to Vegetation Structure and Composition. Journal of Fish and Wildlife Management 1 December 2018; 9 (2): 54.5--553. Doi: Ili °I nnoi.orwi ��_.�• :��_;�U6/lik, )0 1.8 _�I=vy m USFWS. US Fish and Wildlife Service. 2018. Preble's meadow jumping mouse (Zapus hudsonius preblei) trapping database for scientific collection activities conducted under section 10 of the Endangered Species Act. Colorado Ecological Services Field Office. Denver. USFWS. United States Fish and Wildlife Service. 2024. Official Species List. List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project. Project Code: 2024-0145993. 22 � ERC Milton Reservoir - Farmers Sand Project Wildlife Report USGS. US Geological Survey. 2011. GAP/LANDFIRE RE National Terrestrial Ecosystems GIS Data for Arizona. Available online at: https://www.usAs.goviproxramsig_ap-analysis-pro‘ect/science, land -cover -data - download DWR. Division of Water Resources. 2024. Colorado's Decision Support Systems GIS Data Download. Available online at: bt ps://cdss.colorado.gpvJgis-data 23 AL. ERC Milton Reservoir - Farmers Sand Project Wildlife Report APPENDIX A 1 of 6 SHORT-TERM EAGLE INCIDENTAL TAKE Permit Number: MBPER3656925 Version Number: 0 Effective: 2024-06-11 Expires: 2029-05-31 Issuing Office: Department of the Interior U.S. FISH AND WILDLIFE SERVICE MB Lakewood Permit Office P.O. Box 25486 DFC (60154) Lakewood, Colorado 80225-0486 permitsR6MB@fws.gov Tel: 303-236-8171 Permittee: FARMERS RESERVOIR AND IRRIGATION COMPANY dba MILTON RESERVOIR OWNER 80 SOUTH 27TH AVENUE BRIGHTON, CO 80601 U.S.A. Name and Title of Principal Officer: SCOTT EDGAR GENERAL MANAGER ANNA MUNOZ DEPUTY REGIONAL DIRECTOR Digitally signed by ANNA MUNOZ Date: 2024.06.12 11:34:48 -06'00' Authority: Statutes and Regulations: 16 U.S.C. 668-668(d), 16 U.S.C 703-712 50 CFR Part 13, 50 CFR 22.80 Location where authorized activity may be conducted: Weld County, Colorado Reporting requirements: You must submit an annual report to your Regional Migratory Bird Permit Office each year, even if you had no activity. To retain the authorizations granted under this permit, you must comply with its reporting requirements. See Condition H and I for more information. You must submit an annual report to your Regional Migratory Bird Permit Office each year, even if you had no activity. Form can be found at: https://fwsepermits.servicenowservices.cornlfws Under "Explore Permits" select your permit type. Annual Report Form is under Permit Details. 2of6 SHORT-TERM EAGLE INCIDENTAL TAKE Permit Number: MBPER3656925 Version Number: 0 Effective: 2024-06-11 Expires: 2029-05-31 Link to federal permit regulations: https://www.fws.gov/program/migratory-bird-permit/permit-types-and-forms Reporting Form: Form 3-202-15 (Eagle Incidental Take Report): http://www.fws.gov/farms/3-202e15,pdf. Authorizations and Conditions: Eagle Biologist and Contact Number: Anna Joy Lehmicke at: 720-948-4966 General Permit Office Number 303-236-8171 A. General conditions set out in Subpart B of 50 CFR 13, and specific conditions contained in federal regulations cited above, are hereby made a part of this permit. All activities authorized herein must be carried out in accordance with and for the purposes described in the application submitted. Continued validity, or renewal of this permit is subject to complete and timely compliance with all applicable conditions, including the filing of all required information and reports. B. You are responsible for ensuring that the permitted activity is in compliance with all federal, tribal, state, and local laws and regulations applicable to eagles. C. Valid for use by permittee named above and any subpermittees (see Condition G.). D. You are authorized to disturb four (4) bald eagle (Haliaeetus leuocephalus) nests incidental to your ongoing dredging of the Milton Reservoir Project. The building of settling ponds, pipeline routes, haul roads and the dredge boat parking location at the following locations: Nest 01149A - Latitude 40.22758TN, Longitude -104.65525°W; Nest 01149B- Latitude 40.224810°N, Longitude -104.651969°W; Nest 01149C - Latitude 40.241085°N, Longitude -104.654913°W; Nest 01149D - Latitude 40.240224°N. Longitude -104.650158°W The authorizations granted by this permit apply only to take that results from activities conducted in accordance with the description contained in the permit application and the terms of the permit. If the permitted activity changes, you must immediately contact PermitsR6MB@fws.gov to determine whether a permit amendment is required in order to retain take authorization. To disturb/disturbance means to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available, (1) injury to an eagle, (2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or (3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior. E. This permit does not authorize intentional take of eagles or eagle nests. F. You must comply with the following avoidance and minimization measures: 1. To the extent practicable, avoid moving the work boat and pontoon boat through the Nest D buffer before dawn or after dusk. 3of6 6 IIli la?ill ..l)IJF'k. RYAN SHORT-TERM EAGLE INCIDENTAL TAKE Permit Number: MBPER3656925 Version Number: 0 Effective: 2024-06-11 Expires: 2029-05-31 2. If any new activity (i.e., anything other than boat movement or regular vehicular traffic) is started within the 660 -ft buffer of any nest when that nest is active, a qualified biological monitor must be on -site and will have stop work authority if eagles exhibit adverse reactions to the new disturbance. 3. As previously agreed, all dredging activity within nest buffers should occur outside the nesting season. If a nest is not occupied by April 1, it can be assumed that it will not be used that year and these restrictions will no longer apply. G. Subpermittees. Any person who is • employed by or under contract to you for the activities specified in this permit, or • otherwise designated a subpermittee by you in writing, may exercise the authority of this permit. 1. A subpermittee is an individual to whom you have provided written authorization to conduct some or all of the permitted activities in your absence. Subpermittees must be at least 18 years of age. 2. Any subpermittee who has been delegated this authority may not re -delegate to another individual/business. 3. You are responsible for ensuring that your subpermittees are qualified to perform the work and adhere to the terms of your permit. You are also responsible for maintaining current records of designated subpermittees. As the permittee, you are ultimately legally responsible for compliance with the terms and conditions of this permit and that responsibility may not be delegated. 4. You and any subpermittees must carry a legible copy of this permit and display it upon request whenever exercising its authority. H. Monitoring Requirements. You are required to monitor eagle use of important eagle -use areas where eagles are likely to be affected by your activities. You are required to monitor until 2031, during the season(s) when eagles would normally be present, in the area where the take is likely to occur, and noting whether eagles continue to nest, roost, or forage there. a. If FRICO completes its activities outside of the January 1 — August 31 nesting season, no monitoring is required. b. If FRICO activities occur during any portion of the nesting season, a qualified biologist must monitor the nest for activity using standard permit conditions for monitoring. c. Disruptive construction activities (dredging work, heavy equipment work, other loud activities) within the 660 -foot nest buffer area must occur outside the eagle sensitive time (January 1 through August 31) or while a biological monitor is on -site. The biological monitor will have stop work authority when eagles exhibit adverse reactions to disturbance. 4of6 SHORT-TERM EAGLE INCIDENTAL TAKE Permit Number: MBPER3656925 Version Number: 0 Effective: 2024-06-11 Expires: 2029-05-31 Monitoring should occur at a time of day when eagles are most likely to be in the area, e.g., early morning, before sunrise or late afternoon, just prior to sunset, e.g. 7am- 10am; 5pm-7pm EST. Monitoring must be able to provide data on the following: Monitoring should be conducted by qualified biologists and consist of the following: 1. Monitoring should be conducted throughout the entire bald or golden eagle nesting season. For the USFWS, Mountain Prairie Region the bald eagle nesting season is generally considered to be January 1st through August 31st of each year. An exception to this is for the state of Colorado where per agreement with the Colorado Division of Parks and Wildlife the bald eagle nesting season for Colorado is considered to be 1 December through 31 July, each year. For golden eagles the USFWS, Mountain Prairie Region, Migratory Management Office generally considers the nesting season to be January 1st through August 31st of each year. This applies to all 8 states in the USFWS, Mountain Prairie Region. 2. Monitoring should be conducted by qualified biologists in a manner such that the nest monitoring itself does not result in disturbance to nesting bald or golden eagles, if any are present. 3. Monitoring should be done at least one time per month throughout the bald or golden eagle nesting season for a minimum of 1 hour of observation time per month. 4. If monitoring determines the nest is inactive or that it has failed, discontinued for the remainder of that nesting season. as of June 1st then monitoring can be 5. If the bald or golden eagle pair produces young eagles, and these young eagles are documented as having fledged from the nest by June or July (per these monitoring recommendations), then no additional visits to the nest are necessary, during the current nesting season, to determine status after fledging of the young occurs. 6. If regular once a month monitoring visits are not sufficient to determine occupancy, productivity, and nest success additional monitoring visits should then be added in order to make these determinations. 7. Monitoring should occur at a time of day when bald or golden eagles are most likely to be in the nest area, (e.g., early morning, before sunrise or late afternoon, just prior to sunset). 8. Nest monitoring should provide data on nesting bald or golden eagles regarding the following: a) Date and length of time eagles were observed b) Time of day c) Number and age of eagles observed (i.e. juvenile, immature, subadult, adult) d) Observed behavior (e.g. perching, feeding, sitting on or attending nest, in flight) 5 of6 ii.*;. t Lhi! i'i 'Pt"; p tit., rt.: gIF'1{ t' if F. INs SHORT-TERM EAGLE INCIDENTAL TAKE Permit Number: MBPER3656925 R3656925 Version Number: 0 Effective: 2024-06-11 Expires: 2029-05-31 e) Nest activity status (active, inactive) f ) Nesting status (incubating eggs, eaglets present) g) Nest productivity (number of young produced/observed etc.) h) Nest success (number of eaglets fledged, or note if nest failed) You remain responsible for all outstanding monitoring requirements required under the terms of the permit for take that occurs prior to cancellation, expiration, suspension, or revocation of the permit. I. Reporting Requirements. 1. You must submit an annual report summarizing the information you obtained through monitoring to the Service for seven years (2024-2031) to the issuing permit office at PermitsR6MB@Iws.gov You may use Form 3-202-15 (Eagle Take Report) found online at http://www.fws.gov/forms/3-202-15.pdf to report eagle monitoring activities. Monitoring reports must be submitted by November 30 of each calendar year a report is required to the issuing migratory bird permit office at U.S. Fish and Wildlife Service, Migratory Bird Permit Office, P. O. Box 25486, DFC (60154), Denver, CO 80225 and/or PermitsR6M B a@fws.gov, and should include the following information: a. Date and length of time eagles were observed; b. Time of day; c. Number and age of eagles observed (i.e. juvenile, immature, subadult, adult); if age is not known, provide description, d. Observed behavior (e.g. perching, feeding, sitting on or attending nest, in flight); e. In the event a new eagle's nest is built on/adjacent to your property, you must also report the new location and whether the eagles produced young at that site; f. If any eagle nesting attempt was successful, failed or the eagles abandoned the area; and g. A description of any human activity at the time eagles are observed during each month of the monitoring period, (e.g. construction, road building, use of machinery, etc.). If no eagle activity is observed, a report indicating "no activity observed" is still required. If project activities were delayed or not conducted, an Annual Report indicating that "no activities occurred" is required. 2. You must immediately notify the migratory bird permit issuing office at Permits 6MB@f s,gov upon discovery of any unanticipated take or regarding any apparent injury or death occurring to any eagle, including viable eggs or young, related or unrelated to the project activities. You must immediately contact the nearest available permitted migratory bird rehabilitator (see https://www.fws.govlstory/find-migratory-bird- rehabilitation-facility) to find a permitted rehabilitator near you) to coordinate transportation of any injured eagle. 6of6 ,ICE SHORT-TERM EAGLE INCIDENTAL TAKE Permit Number: MBPER3656925 Version Number: 0 Effective: 2024-06-11 Expires: 2029-05-31 All of the provisions and conditions of the governing regulations at 50 CFR part 13 and 50 CFR part 22.80 are conditions of your permit. Failure to comply with the conditions of your permit could be cause for suspension of the permit and/or citation. J. The standard conditions below are a continuation of your permit conditions. If you have any questions regarding these conditions, refer to the regulations and forms, or to obtain contact information for your issuing office, visit: https://www.fws.gov/program/migratory-bird-permit/permit- types-and-forms 1. This permit does not authorize you to conduct activities on federal, state, tribal, or other public or private property without additional prior written permits or permission from the agency/landowner. 2. You remain responsible for all outstanding monitoring requirements and mitigation measures required under the terms of the permit for take that occurs prior to cancellation, expiration, suspension, or revocation of the permit. Provisions for discontinuance of permit activity are outlined in 50 CFR 13.26. 3. You must maintain records as required in 50 CFR 13.46. Your records must also include the data gathered for monitoring and reporting purposes. All records relating to the permitted activities must be kept at the location indicated in writing by you to the migratory bird permit issuing office. 4. Acceptance of this permit authorizes the U.S. Fish and Wildlife Service to inspect and audit or copy any permits, books or records required to be kept by the permit and governing regulations (50 CFR 13.47). 5. You must allow Service personnel, or other qualified persons designated by the Service, areas where eagles are likely to be affected by your project activities, at any reasonable hour, and with reasonable notice from the Service, for purposes of monitoring eagles at the site(s) while the permit is valid access to the and for up to 3 years after it expires 6. The Service may amend, suspend, or revoke a permit issued under this section if new information indicates that revised permit conditions are necessary, or that suspension or revocation is necessary, to safeguard local or regional eagle populations. This provision is in addition to the general criteria for amendment, suspension, and revocation of Federal permits set forth in 13.23, 13.27, and 13.28 of this chapter. 7. To renew this permit if the activities described in Condition D have not been completed by the expiration date of this permit, permittee must meet issuance criteria at the time of renewal and must also have been in compliance with permit conditions, including all monitoring and reporting requirements of the original permit. 8. You may request amendment to your permit. The Service will charge a fee for substantive amendments made to permits within the time period that the permit is still valid. The fee is $500 for commercial permittees and $150 for non-commercial permittees (50 CFR 13.11(d)(4)). Substantive amendments are those that pertain to the purpose and conditions of the permit and are not purely administrative. Administrative changes, such as updating name and address information, are required under 13.23(c), and the Service will not charge a fee for such amendments. Requests for substantive amendment must be submitted via Form 3-200-71. � ERC Milton Reservoir - Farmers Sand Project Wildlife Report APPENDIX B Prepared By: 12345 W Alameda Pkwy Suite 206 Lakewood, CO 80228 (303) 679-4820 ERC #: 342-2203 0 1,000 2,000 4,0.00 Feet Projection: NAD 7983 StatePlane Colorado North FIPS 0507 Feet MAP LEGEND I Affected Land (3,208 acres) 192 - Western Great Plains Floodplain 194 - Western Great Plains Riparian Woodland and Shrubland 329 - Western Great Plains Sandhill Steppe 331 - Western Great Plains Shortgrass Prairie 458 - Inter -Mountain Basins Playa 556 - Cultivated Cropland 557 - Pasture/Hay 575 - Disturbed/Successional - Shrub Regeneration 579 - Open Water (Fresh) 581 - Developed, Open Space 1 fton ri Reservoir EXHIBIT C (e) - AFFECTED LAND VEGETATION COMMUNITIES MAP FARMERS SAND WELD COUNTY, COLORADO APPLICANT FRICO DATE 1111.124 PREPARED BY: ERG EXHIBIT I SOILS INFORMATION A ERC Farmers Sand Exhibit I — Soils Information Nov 2024 Exhibit I - Soils Information 6.4.9 EXHIBIT I - Soils Information (1) In consultation with the Natural Resources Conservation Service (NRCS) or other qualified person, the Operator/Applicant shall indicate on a map (in Exhibit C) or by a statement, the general type, thickness and distribution of soil over the affected land. Such description will address suitability of topsoil (or other material) for establishment and maintenance of plant growth. If necessary, at its discretion, the Board may require additional information on soils or other growth media to be stockpiled and used in revegetation. 1. NRCS Soils The NRCS soil map (NRCS 2024) presented in Exhibit C identifies eight soil types that cover approximately 1,870 acres, or 58% of the total affected land area. The remaining 42%, approximately 1,338 acres, consists of open water and is therefore not classified as a soil type. A table summarizing the distribution of these soil types across the affected land is provided below. I� Exhibit I - NRCS Soils within the Affected Land NRCS Soil Type % Cover Total Affected Land 4 85 - Water 70 - Valent sand, 3 to 9 percent slopes 72 - Vona loamy sand, 0 to 3 percent slopes 35 - Loup-Boel loamy sands, 0 to 3 percent slopes 69 - Valent sand, 0 to 3 percent slopes 44 - Olney loamy sand, 1 to 3 percent slopes 10 - Ellicott -Ellicott sandy -skeletal complex, 0 to 3 percent slopes, rarely flooded 73 - Vona loamy sand, 3 to 5 percent slopes 49 - Osgood sand, 0 to 3 percent slopes Grand Total 1,338 882 412 250 196 83 41 5 1 3,208 42% 27% 13% 8% 6% 3% 1% 0% 0% According to the NRCS, several key soil characteristics are essential for supporting plant growth and for stabilizing a site, including, soil texture, structure, organic matter content, pH, nutrient availability, water holding capacity and erosion potential (NRCS 2024). The NRCS Web Soil Survey supplies detailed information on soil chemistry, health (i.e., organic content), and suitability for vegetative productivity, which has been evaluated for the affected land and is included as an attachment to this exhibit. Site -specific soil characteristics can determine the need for soil amendments, inform plant species selection, and guide reclamation strategies to promote long-term vegetation success and site stability. The complete Reclamation Plan is provided as Exhibit E, with additional information on soil chemistry and recommended amendments included from the plan, as follows. 1 � ERC Farmers Sand Exhibit I — Soils Information Nov 2024 2. Soil Chemistry Understanding soil chemistry for any seeding work is critical for establishment success. Seed will not germinate and develop if soil chemistry is not within acceptable ranges. ERC recommends a minimum of 3 composite grab samples of soil in areas to be revegetated be collected and sent to a lab for analysis prior to revegetation. Weld Laboratories, Inc. (www.weldlabs.com) in Greeley, Colorado can be used for a Complete Nutrient Test. Most critical soil chemistry parameters are salts below 2 mmhos/cm and pH between 6.0-7.5. The topsoil in the area is thin at an average depth of approximately 6 inches. Overall, the topsoil exhibits a distinct darker color, which indicates the presence of organic material from decomposed plant and root matter. This suggests that the material is suitable for use as a borrow source for growth media, as it effectively supports the existing vegetation in the area. Soils beneath the topsoil consist primarily of sand with clay and silt as defined by the laboratory testing that was completed on samples from test pits excavated along the northwest side of the reservoir. Since these types of materials have a fine texture and there are no indications of low pH such as discoloration, these materials will likely be satisfactory to use as growth medium, but soil amendments will likely be required. Grain size analysis and Atterberg Limits from soils sampled in test pits are provided below. Test Pit Depth Ift) Atterberg Limits Grain Size Analysis - Percent Passing #30 #140 Soil Classification LL PL PI #4 #10 (a. mrn� (0.1mm� NP N NP 100 88 79 18 12 22-1 5 NP Sand 22-1 l 8 21 4 100 98 96 44 Si Itv/Cl aver Sand 52 22-2 4 21 18 3 100 96 93 53 45 Silty Sand 22-2 4 21 16 5 100 96 92 48 39 Siltvjand 27 10 100 98 92 88 55 Clayey Sand 22-2 7 17 59 NP NP NP 90 83 28 18 22.3 2.3 100 Silty Sand 3. Soil Amendments Once soil chemistry results are reviewed, any required soil amendments may be recommended, or the seed mix modified. The addition of soil amendments (e.g., fertilizer + organic matter) should be considered to facilitate more rapid and prolific native grass establishment. Soil amendments should only be applied based on the nutrient testing so as not to promote excessive weed growth. Recommended (for initial planning purposes only) soil amendments include 1) Biosole Forte at a rate of 800 pounds per acre, 2) humates at a rate of 200 pounds per acre and mycorrhizae at a rate of 20 pounds per acre. Soil amendments can be applied hydraulically to the soil surface or incorporated into the soil surface through other broadcast methods. 2 Farmers Sand Exhibit I — Soils Information Nov 2024 ENCLOSED NRCS SOIL REPORTS • Chemical Soil Properties • Organic Matter Depletion, Salt Concentration, Aerobic Soil Organisms, Organic Soil Subsidence Range Production (Normal Year) REFERENCES NRCS. Natural Resources Conservation Service. 2024. Soil Survey Area: Weld County, Colorado, Southern Part Survey Area Data: Version 23, Aug 29, 2024. Available online at: https://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx 3 Chemical Soil Properties ---Weld County, Colorado, Southern Part Chemical Soil Properties This table shows estimates of some chemical characteristics and features that affect soil behavior. These estimates are given for the layers of each soil in the survey area. The estimates are based on field observations and on test data for these and similar soils. Depth to the upper and lower boundaries of each layer is indicated. Cation -exchange capacity is the total amount of extractable cations that can be held by the soil, expressed in terms of milliequivalents per 100 grams of soil at neutrality (pH 7.0) or at some other stated pH value. Soils having a low cation - exchange capacity hold fewer cations and may require more frequent applications of fertilizer than soils having a high cation -exchange capacity. The ability to retain cations reduces the hazard of ground -water pollution. Effective cation -exchange capacity refers to the sum of extractable cations plus aluminum expressed in terms of milliequivalents per 100 grams of soil. It is determined for soils that have pH of less than 5.5. Soil reaction is a measure of acidity or alkalinity. It is important in selecting crops and other plants, in evaluating soil amendments for fertility and stabilization, and in determining the risk of corrosion. Calcium carbonate equivalent is the percent of carbonates, by weight, in the fraction of the soil less than 2 millimeters in size. The availability of plant nutrients is influenced by the amount of carbonates in the soil. Gypsum is expressed as a percent, by weight, of hydrated calcium sulfates in the fraction of the soil less than 20 millimeters in size. Gypsum is partially soluble in water. Soils that have a high content of gypsum may collapse if the gypsum is removed by percolating water. Salinity is a measure of soluble salts in the soil at saturation. It is expressed as the electrical conductivity of the saturation extract, in millimhos per centimeter at 25 degrees C. Estimates are based on field and laboratory measurements at representative sites of nonirrigated soils. The salinity of irrigated soils is affected by the quality of the irrigation water and by the frequency of water application. Hence, the salinity of soils in individual fields can differ greatly from the value given in the table. Salinity affects the suitability of a soil for crop production, the stability of soil if used as construction material, and the potential of the soil to corrode metal and concrete. Sodium adsorption ratio (SAR) is a measure of the amount of sodium (Na) relative to calcium (Ca) and magnesium (Mg) in the water extract from saturated soil paste. It is the ratio of the Na concentration divided by the square root of one-half of the Ca + Mg concentration. Soils that have SAR values of 13 or more may be characterized by an increased dispersion of organic matter and clay particles, reduced saturated hydraulic conductivity and aeration, and a general degradation of soil structure. USDA Natural Resources Web Soil Survey all Conservation Service National Cooperative Soil Survey 11/5/2024 Page 1 of 4 Chemical Soil Properties ---Weld County, Colorado, Southern Part Report —Chemical Soil Properties Chemical Soil Properties —Weld County, Colorado, Southern Part Map symbol and soil name Depth Cation- exchange capacity Effective cation- exchange capacity Soil reaction Calcium carbonate Gypsum Salinity Sodium adsorption ratio In meq/100g meq/100g pH Pct Pet mmhos/cm 10 —Ellicott -Ellicott sandy -skeletal complex, 0 to 3 percent slopes, rarely flooded Ellicott, rarely flooded 0-4 0.9-3.5 6.1-6.5 0 0 0.1-2.0 0 — 4-13 0.8-3.4 — 6.6-7.3 0 0 0.1-2.0 0 13-30 0.8-3.4 1 — 6.6-7.3 0 0 0.1-2.0 0 30-44 02-3.3 1 — 7.4-7.8 0 0 0.1-2.0 0 -- 44-80 0.8-3.3 7.4-7.8 0 0 0.1-2.0 0 — Ellicott sandy flooded -skeletal, rarely 0-4 0.9-3.5 6.1-6.5 0 0 0.1-2.0 0 i 4-13 0.8-3.4 — 6.6-7.3 0 0 0.1-2.0 0 13-30 0.8-3.4 — 6.6-7.3 0 0 0.1-2.0 0 30-44 0.8-3.3 — 7.4-7.8 0 0 0.1-2.0 0 44-80 0.8-3.3 7.4-7.8 0 0 0.1-2.0 0 35—Loup-Boel loamy 0 to 3 percent sands, slopes Loup 0-16 5.0-15 - 7.9-8.4 0-5 0 0 0 — 7.9-8.4 0-5 16-40 3.0-10 0 0 0 40-60 4.0-15 i 7.9-8.4 0-5 0 0 0 Boel 0-14 3.0-10 7.9-8.4 — 0-5 0 0 0 14-60 1.0-5.0 7.9-8.4 0-5 — 0 0 0 USDA Natural Resources aim Conservation Service Web Soil Survey National Cooperative Soil Survey 11/5/2024 Page 2 of 4 Chemical Soil Properties --Weld County, Colorado, Southern Part Chemical Soil Properties —Weld County, Colorado, Southern Part Map symbol and soil name I Depth Cation- exchange capacity Effective cation- exchange capacity Soil reaction Calcium carbonate Gypsum Salinity Sodium adsorption ratio In meq/100g meq/1OOg pH Pct Pct mmhoslcm i �, 44 —Olney loamy sand, 1 to 3 percent slopes Olney 0-10 2.0-10 6.6-7.8 0 0 0 I— I 10-20 10-25 6.6-7.8 0-10 - 0 0 0 20-25 10-20 7.9-8.4 0-10 0 0.0-2.0 0 25-60 3.0-10 7.9-9.0 - 5-15 0 0.0-2.0 0 49 —Osgood 0 to 3 slopes sand, percent Osgood 0-22 1.0-5.0 6.6-7.8 0 0 0 22-34 5.0-15 — 6.6-7.8 0 0 0 0 34-60 1.0-5.0 — ' 7.4-8.4 0 0 0.0-2.0 0 69 Valent 0 to 3 sand, percent slopes Valent 0-5 1.8-4.5 — 6.6-7.8 0-1 0 0.1-1.9 0 5-12 0.9-5.7 6.6-7.8 0-1 0 0.1-1.9 0 12-30 0.9-5.4 6.6-7.8 0-1 - 0 0.1-1.9 0 { 30-80 — 6.6-7.8 04 X0.8-5.4 0 0.1-1.9 0 _ F . 70—Valent sand, 3 to 9 percent slopes Valent 0-5 1.8-4.2 6.6-7.8 0-1 0 0.0-1.9 0 5-12 0.9-5.7 —F 6.6-7.8 0-1 0 0.0-1.9 0 12-30 0.9-5.4 6.6-7.8 0-1 -- - 0 0.0-1.9 0 30-80 0.8-5.4 - 6.6-7.8 0-1 0 0.0-1.9 0 USDA Natural Resources :ale Conservation Service Web Soil Survey National Cooperative Soil Survey 11/5/2024 Page 3 of 4 Chemical Soil Properties --Weld County, Colorado, Southern Part Chemical Soil Properties —Weld County, Colorado, Southern Part Cation- exchange capacity Effective cation- exchange capacity Soil reaction Calcium carbonate Gypsum Salinity Sodium adsorption ratio Map symbol and soil name Depth In I meq/100g meq/100g pH Pct Pct mmhos/cm 72 Vona loamy 0 to 3 sand, percent slopes Vona 0-6 2.0-5.0 - 6.6-7.8 0 0 0.0-2.0 0 r 6-28 5.0-10 s 6.6-8.4 0-10 0 0.0-4.0 0 28-60 5.0-10 7.9-9.0 0 0.0-4.0 0 A=MS 2-15 73 —Vona loamy percent slopes sand, 3 to 5 Vona 0-7 2.9-4.8 6.6-7.8 0 0.1-1.0 0 - 0-1 7-14 7.1-12 -- 6.6-7.8 0-5 0 0.1-1.0 0 14-20 6.9-12 — 7.0-8.4 0-10 0 0.1-1.0 0 20-45 2.6-8.6 7.9-8.6 0 0.1-1.0 0 2-10 45-80 1.9-8.6 ..... 7.9-8.6 2-10 0 0.1-1.0 0 76 —Vona sandy loam, 1 to 3 percent slopes Vona 0-6 3.0-10 6.6-7.8 0 , — - 0 0.0-2.0 0 6-28 5.0-10 I= 6.6-8.4 0-10 0 0.0-4.0 0 28-60 5.0-10 7.9-9.0 2-15 - 0 0.0-4.0 0 85 —Water Water — _ ,__ Data Source information Soil Survey Area: Weld County, Colorado, Southern Part Survey Area Data: Version 23, Aug 29, 2024 USDA Natural Resources alma Conservation Service National Cooperative Soil Survey Web Soil Survey 11/5/2024 Page 4 of 4 Organic Matter Depletion, Salt Concentration, Aerobic Soil Organisms, Organic Soil Subsidence ---Weld County, Colorado, Southern Part Organic Matter Depletion, Salt Concentration, Aerobic Soil Organisms, Organic Soil Subsidence Soil health is primarily influenced by human management, which is not captured in soil survey data at this time. These interpretations provide information on inherent soil properties that influence our ability to build healthy soils through management. The ratings are both verbal and numerical. Numerical ratings indicate the propensity of individual soil properties to influence specific aspects of soil health resources. The ratings are shown in decimal fractions ranging from 0.01 to 1.00. For organic matter depletion, salt concentration, and organic soil subsidence, ratings indicate gradations between the point at which a soil feature has the greatest ability to enable depletion of the soil health resource (1.00) and the point at which the soil feature becomes least likely to allow depletion of the soil health resource (0.00). For aerobic soil organisms, ratings indicate gradations between the point at which a soil feature is most favorable to enhance the soil health resource (1.00) and the point at which the soil feature is least favorable to enhance the soil health resource (0.00). The ratings for soil organic matter depletion are based on seasonal saturation, organic matter content, clay content, and shape of the land surface. The degree of limitation caused by each of these properties is rated for a soil, and the sum of the ratings is the overall rating. Rating class terms indicate the extent to which the soils enable the depletion of organic matter. "Organic matter depletion high" indicates that the soil and site have features that are very conducive to the depletion of organic matter. Very careful management will be needed to prevent serious organic matter loss when these soils are farmed. "Organic matter depletion moderately high," "Organic matter depletion moderate," and "Organic matter depletion moderately low" are a gradient of the level of management needed to avoid organic matter depletion. "Organic matter depletion low" indicates that the soil that has features that are favorable for organic matter accumulation. These soils can maintain favorable organic matter levels under more management options. The ratings for surface salt concentration are based on excess salts, which are measured by the electrical conductivity of the soil, the amount of precipitation relative to evapotranspiration, shape of the land surface, and depth to saturation. The rating of the attribute that contributes the least to surface salinization is the overall rating. Rating class terms indicate the rate at which the soils are likely to accumulate salts considering all the soil features that are examined for this rating. "High surface salinization risk or already saline" indicates that the soil has features that are very favorable for the accumulation of salts at the surface or is already saline. These soils are already limited by excess surface salts. "Surface salinization risk" indicates that the soil has features that are somewhat favorable for surface salinization. Careful management will be needed to avoid damage from salinity. "Low surface salinization risk" indicates that the soil has one or more features that are unfavorable for salinization. These soils exist in climates where salinization does not occur or occur in landscape positions where salts are unlikely to accumulate. USDA Natural Resources Web Soil Survey la Conservation Service National Cooperative Soil Survey 11/4/2024 Page 1 of 8 Organic Matter Depletion, Salt Concentration, Aerobic Soil Organisms, Organic Soil Subsidence ---Weld County, Colorado, Southern Part The ratings for suitability for aerobic soil organisms are based on soil temperature, the average total yearly precipitation, soil organic matter content, soil pore space, soil water, and osmotic conditions. The degree of favorability of each of these properties is rated for a soil, and the degree of limitation of the least favorable attribute determines the overall rating. Rating class terms indicate the extent to which the soils are favorable considering all the soil features that are examined for this land use. "Very favorable" indicates that the soil has features that are very favorable for aerobic soil organisms. Healthy and thriving populations can be expected under properly managed agricultural systems on these soils. "Somewhat favorable" indicates that the soil has features that are moderately favorable for aerobic soil organisms. The soil can be made more favorable by careful management. Fair performance and moderate maintenance can be expected. "Very limited" indicates that the soil has one or more features that are unfavorable for aerobic soil organisms. The ratings for agriculture organic soil subsidence are based on soil temperature, degree of saturation, and soil acidity. The degree to which each of the soil properties considered promotes oxidation is rated. The average degree of accelerating microbial oxidation of organic matter is taken as the overall rating. Rating class terms indicate the extent to which the soils enable the depletion of organic matter. "Organic matter depletion high" indicates that the soil and site have features are very conducive to the depletion of organic matter. Very careful management is needed to prevent serious organic matter loss when these soils are farmed. "Organic matter depletion moderately high," "Organic matter depletion moderate," and "Organic matter depletion moderately low" are a gradient of the level of management needed to avoid organic matter depletion. "Organic matter depletion low" indicates that the soil has features that are favorable for organic matter accumulation. These soils can maintain favorable organic matter levels under more management options. Report —Organic Matter Depletion, Salt Concentration, Aerobic Soil Organisms, Organic Soil Subsidence [Onsite investigation may be needed to validate the interpretations in this table and to confirm the identity of the soil on a given site. The numbers in the value columns range from 0.01 to 1.00. The larger the value, the greater the potential limitation or suitability. The table shows only the top limitations for any given soil. The soil may have additional limitations] USDA Natural Resources Web Soil Survey aoill Conservation Service National Cooperative Soil Survey 11/4/2024 Page 2of8 Organic Matter Depletion, Salt Concentration, Aerobic Soil Organisms, Organic Soil Subsidence ---Weld County, Colorado, Southern Part Organic Matter Depletion, Salt Concentration, Aerobic Soil Organisms, Organic Soil Subsidence —Weld County, Colorado, Southern Part Map symbol and soil name Pct. of map Suitability Soil for Aerobic Organisms Agricultural Organic Soil Subsidence Surface Salt Concentration Organic Matter Depletion unit Rating class and limiting features Valu e Rating class and limiting features Valu e Rating and limiting features class Valu e Rating class and limiting features Valu e 10 Ellicott Ellicott skeletal complex, percent rarely flooded sandy slopes, - 0 to - 3 Ellicott, rarely flooded 65 i Mineral soil Low surface salinization risk OM depletion high Flooding ponding and 1.00 Non -leaching climate 1.00 Low antecedent organic content matter 1.00 Not saline 1.00 Water table the surface, months at 1.00 Well aerated r 1.00 Subaerial 1.00 Flooding and ponding 1.00 Low clay area amount of surface 1.00 pH 0.98 Surface concentrates salts shape 0.67 Not water gathering surface 0.87 Frost -free days 0.38 Electrical conductivity 0.01 Moderate 10.86 moisture deficit Ellicott skeletal, rarely sandy- flooded 25 Mineral soil Low salinization surface risk OM depletion high Flooding and ponding 1.00 Non climate -leaching 1.00 Low antecedent organic matter content 1.00 Not saline 1.00 I Water the table surface, months at 1.00 Well aerated 1.00 Subaerial 1.00 I Flooding ponding and 1.00 Low amount clay surface area of 1.00 pH 0.98 Surface concentrates salts shape 0.67 Not water gathering surface 0.87 Frost -free days 0.38 Electrical conductivity 0.01 Moderate moisture deficit 0.86 USDA Natural Resources Web Soil Survey a Conservation Service National Cooperative Soil Survey 11/4/2024 Page 3 of 8 Organic Matter Depletion, Salt Concentration, Aerobic Soil Organisms, Organic Soil Subsidence ---Weld County, Colorado, Southern Part Organic Matter Depletion, Salt Concentration, Aerobic Soil Organisms, Organic Soil Subsidence —Weld County, Colorado, Southern Part Map symbol soil and name Pct. of Suitability Soil for Aerobic Organisms Agricultural Soil Subsidence Organic Surface Salt Concentration Organic Depletion Matter map unit Rating and limiting features class Valu e Rating and features class limiting Valu e Rating class and limiting features Valu e Rating and features class limiting Valu e 35--Loup-Boel loamy to slopes sands, 0 3 percent Loup 55 Mineral soil Low salinization surface risk OM depletion moderate Flooding ponding and 1.00 Non -leaching climate 1.00 Not water gathering surface 1.00 Not saline 1.00 Water the months table at surface, 1.00 Low amount clay surface area of 1.00 Subaerial 1.00 Flooding ponding and 1.00 Moderate moisture deficit 0.84 pH 0.75 Depth Saturation to 0.96 Moderate antecedent organic content matter 0.55 Frost -free days 0.45 Persistent table water 0.75 Moderate oxidation rate 0.35 Boel 35 Mineral soil Low salinization surface risk OM depletion moderately high Flooding and ponding 1.00 Non climate -leaching 1.00 Not gathering surface water 1.00 Not saline 1.00 Water the table surface, months at 1.00 Low amount of clay surface area 1.00 Subaerial 1.00 ' Flooding ponding and 1.00 Moderate moisture deficit 0.86 1 pH 0.75 Persistent table water 0.75 Moderate antecedent organic content matter 0.82 S. Aeration 0.61 Depth Saturation to 0.39 Moderately aerated 0.69 USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 11/4/2024 Page 4 of 8 Organic Matter Depletion, Salt Concentration, Aerobic Soil Organisms, Organic Soil Subsidence ---Weld County, Colorado, Southern Part Organic Matter Depletion, Salt Concentration, Aerobic Soil Organisms, Organic Soil Subsidence —Weld County, Colorado, Southern Part Agricultural Soil Subsidence Organic Organic Depletion Matter Suitability Soil for Aerobic Organisms Map symbol soil name and Pct. of map unit Surface Salt Concentration Rating and limiting features class Valu e Rating and limiting features class Valu e Rating and limiting features class Valu e Rating and limiting features class Valu e 44 --Olney loamy sand, 1 to percent slopes 3 I Olney 85 Low salinization surface risk I OM depletion high Mineral soil Flooding and ponding 1.00 Well aerated 1.00 Non climate -leaching 1.00 Not saline 1.00 Water table the surface, months at 1.00 Not water gathering surface 1.00 Subaerial 1.00 Flooding ponding and 1.00 Low clay area amount of surface 1.00 pH 0.81 Electrical conductivity 0.06 Moderate antecedent organic matter content 0.96 Frost -free days 0.40 Moderate moisture deficit 0.86 49 —Osgood r sand, percent 0 to slopes 3 Osgood 85 Low salinization surface risk Mineral soil OM depletion high Flooding and ponding 1.00 Non -leaching climate 1.00 Well aerated 1.00 Not saline 1.00 Water the table at surface, months 1.00 Not water gathering surface 1.00 Subaerial 1.00 Flooding and ponding 1.00 Low clay area amount of surface 1.00 pH 0.94 Electrical conductivity 0.03 Moderate antecedent organic content matter 0.96 Frost -free days 0.38 Moderate moisture deficit 0.87 USDA Natural Resources Web Soil Survey ass Conservation Service National Cooperative Soil Survey 11/4/2024 Page 5 of 8 Organic Matter Depletion, Salt Concentration, Aerobic Soil Organisms, Organic Soil Subsidence ---Weld County, Colorado, Southern Part Organic Matter Depletion, Salt Concentration, Aerobic Soil Organisms, Organic Soil Subsidence —Weld County, Colorado, Southern Part Map symbol and soil name Pd. of map unit Suitability for Aerobic Soil Organisms Agricultural Organic Soil Subsidence Surface Salt Concentration Organic Matter Depletion Rating class and limiting features Valu e Rating class and limiting features Valu e Rating class and limiting features Valu e Rating class and limiting features Valu e 56—Renohill clay loam, 0 to 3 percent slopes Renohill 85 I- 69—Valent sand, 0 to 3 percent slopes Valent 85 Mineral soil Flooding and ponding Not saline 1.00 1.00 Subaerial 1.00 pH 0.99 Frost -free days 0.30 Mineral soil Flooding and ponding Not saline 1.00 1.00 Subaerial 1.00 pH 0.99 Frost -free days 0.33 Low surface salinization risk Non -leaching climate 1.00 Water table at the surface, months 1.00 Flooding and ponding 1.00 Low surface salinization risk Non -leaching climate 1.00 Water table at the surface, months 1.00 Flooding and ponding 1.00 Electrical conductivity a 0.01 OM depletion moderately high Well aerated 1.00 Not water gathering surface 1.00 Moderate 0.83 moisture deficit Moderate antecedent organic matter content 0.82 Moderate oxidation rate 0.35 OM depletion high Well aerated 1.00 Not water gathering surface 1.00 Low amount of clay surface area 1.00 Moderate antecedent organic matter content 0.95 Moderate 0.84 moisture deficit U6DA Natural Resources Web Soil Survey al Conservation Service National Cooperative Soil Survey 11/4/2024 Page 6of8 Organic Matter Depletion, Salt Concentration, Aerobic Soil Organisms, Organic Soil Subsidence ---Weld County, Colorado, Southern Part Organic Matter Depletion, Salt Concentration, Aerobic Soil Organisms, Organic Soil Subsidence —Weld County, Colorado, Southern Part Map symbol soil name and Pct. of map unit Suitability Soil for Aerobic Organisms Agricultural Soil Subsidence Organic Surface Salt Concentration Organic Depletion Matter Rating and features class limiting Valu e Rating and limiting features class Valu e Rating and limiting features class Valu e Rating class and limiting I features Valu e 70 Valent 3 to 9 slopes sand, percent Valent 80 Mineral soil 4- Low surface salinization risk OM depletion high Well aerated 1.00 Flooding and ponding 1.00 Non -leaching climate 1.00 Not saline 1.00 Water the months table surface, at 1.00 Not gathering surface water 1.00 Low amount of clay surface area 1.00 Subaerial 1.00 Flooding and ponding 1.00 pH 0.99 Electrical conductivity 0.01 Moderate antecedent organic matter content 0.95 Frost -free days 0.43 Moderate moisture deficit 0.86 72 Vona loamy - sand, 0 to percent 3 slopes _ Vona J 85 Surface salinization r risk OM high depletion Mineral soil • Flooding and ponding 1.00 Non climate -leaching 1.00 Well aerated 1.00 Not saline 1.00 Water table the surface, months at 1.00 Not water gathering surface 1.00 Flooding and ponding 1.00 Subaerial 1.00 Low amount of clay surface area 1.00 pH 0.82 Moderate antecedent organic content matter 0.96 Electrical conductivity 0.29 Frost -free days 0.38 Existing electrical conductivity, 0-30cm 0.08 Moderate moisture deficit 0.87 e_r Natural Resources Web Soil Survey a Conservation Service National Cooperative Soil Survey 11/4/2024 Page 7of8 Organic Matter Depletion, Salt Concentration, Aerobic Soil Organisms, Organic Soil Subsidence ---Weld County, Colorado, Southern Part Organic Matter Depletion, Salt Concentration, Aerobic Soil Organisms, Organic Soil Subsidence —Weld County, Colorado, Southern Part Agricultural Soil Subsidence Organic Surface Salt Concentration Organic Depletion Matter Map symbol soil name and Pct. of Suitability for Aerobic Soil Organisms map Rating and features class limiting Valu e Rating and features limiting class Valu e Rating and limiting features class Valu e unit Rating and features limiting class Valu e 73 —Vona loamy sand, 3 to 5 percent slopes Vona 85 Low salinization surface risk OM depletion high Mineral soil Flooding and ponding 1.00 Non -leaching climate 1.00 Well r aerated 1.00 Not saline 1.00 Water the table surface, months at 1.00 Not water gathering surface 1.00 I Subaerial 1.00 Flooding ponding and 1.00 Low amount of clay surface area 1.00 pH 0.86 Electrical conductivity 0.01 Moderate antecedent organic content matter 0.91 Frost -free days 0.35 Moderate moisture deficit 0.81 84 —Playas Playas 100 Not rated Not rated Not rated 85 —Water - .. Water 95 Not rated Not rated Not rated Data Source Information Soil Survey Area: Weld County, Colorado, Southern Part Survey Area Data: Version 23, Aug 29, 2024 agNatural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 11/4/2024 Page 8of8 Range Production (Normal Year) —Weld County, Colorado, Southern Part MAP LEGEND Area of Interest (AO!) Area of Interest (AO i ) Soils Soil Rating Polygons <= 935 FL] > 935 and <= 1445 > 1445 and <= 1700 > 1700 and <= 1973 > 1973 and <= 3150 Not rated or not available Soil Rating Lines <= 935 F, -At' > 935 and <= 1445 r > 1445 and c= 1700 > 1700 and <= 1973 ogon > 1973 and <= 3150 • • Not rated or not available Soil Rating Points <= 935 D a a O A O > 935 and <= 1445 > 1445 and <= 1700 > 1700 and <= 1973 > 1973 and <= 3150 Not rated or not available Water Features Streams and Canals Transportation ++t Rails rut Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography MAP INFORMATION The soil surveys that comprise your AOI were mapped at 1:24,000. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Weld County, Colorado, Southern Part Survey Area Data: Version 23, Aug 29, 2024 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Jun 8, 2021 Jun 12, 2021 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. USDA Natural Resources a Conservation Service Web Soil Survey National Cooperative Soil Survey 11/5/2024 Page 2 of 4 Range Production (Normal Year) --Weld County, Colorado, Southern Part Range Production (Normal Year) Map unit symbol Map unit name Rating acre (pounds per per year) Acres in A01 Percent of AOl 10 Ellicott skeletal 3 percent rarely -Ellicott flooded complex, slopes, sandy- 0 to 1865 41.4 1.2% 35 Loup-Boel 0 to 3 percent loamy sands, slopes 3150 263.9 7.6% 44 Olney 3 loamy sand, percent slopes 1 to 935 107.8 3.1% 49 Osgood sand, percent slopes 0 to 3 1700 0.2 0.0% '69 Valent percent sand, slopes 0 to 3 1830 255.3 7.4% 70 Valent sand, percent slopes 3 to 9 1973 910.5 26.3% 72 M Vona loamy sand, 0 to 3 percent slopes 1445 497.2 14.4% 73 Vona loamy sand, 3 to 5 percent slopes 1824 30.9 0.9% 76 Vona sandy percent slopes loam, 1 to 3 1445 7.9 0.2% 85 Water 1,343.6 38.8% I Totals for Area of Interest 3,458.5 100.0% Description Total range production is the amount of vegetation that can be expected to grow annually in a well managed area that is supporting the potential natural plant community. It includes all vegetation, whether or not it is palatable to grazing animals. It includes the current year's growth of leaves, twigs, and fruits of woody plants. It does not include the increase in stem diameter of trees and shrubs. It is expressed in pounds per acre of air-dry vegetation. In a normal year, growing conditions are about average. Yields are adjusted to a common percent of air-dry moisture content. In areas that have similar climate and topography, differences in the kind and amount of vegetation produced on rangeland are closely related to the kind of soil. Effective management is based on the relationship between the soils and vegetation and water. Rating Options Units of Measure: pounds per acre per year USDA Natural Resources Web Soil Survey gas Conservation Service National Cooperative Soil Survey 11/5/2024 Page 3 of 4 Range Production (Normal Year) —Weld County, Colorado, Southern Part Aggregation Method: Weighted Average Aggregation is the process by which a set of component attribute values is reduced to a single value that represents the map unit as a whole. A map unit is typically composed of one or more "components". A component is either some type of soil or some nonsoil entity, e.g., rock outcrop. For the attribute being aggregated, the first step of the aggregation process is to derive one attribute value for each of a map unit's components. From this set of component attributes, the next step of the aggregation process derives a single value that represents the map unit as a whole. Once a single value for each map unit is derived, a thematic map for soil map units can be rendered. Aggregation must be done because, on any soil map, map units are delineated but components are not. For each of a map unit's components, a corresponding percent composition is recorded. A percent composition of 60 indicates that the corresponding component typically makes up approximately 60% of the map unit. Percent composition is a critical factor in some, but not all, aggregation methods. The aggregation method "Weighted Average" computes a weighted average value for all components in the map unit. Percent composition is the weighting factor. The result returned by this aggregation method represents a weighted average value of the corresponding attribute throughout the map unit. Component Percent Cutoff: None Specified Components whose percent composition is below the cutoff value will not be considered. If no cutoff value is specified, all components in the database will be considered. The data for some contrasting soils of minor extent may not be in the database, and therefore are not considered. Tie -break Rule: Higher The tie -break rule indicates which value should be selected from a set of multiple candidate values, or which value should be selected in the event of a percent composition tie. interpret Nulls as Zero: Yes This option indicates if a null value for a component should be converted to zero before aggregation occurs. This will be done only if a map unit has at least one component where this value is not null. USDA, Natural Resources Web Soil Survey a Conservation Service National Cooperative Soil Survey 11/5/2024 Page 4 of 4 EXHIBIT ) VEGETATION INFORMATION A ERC Farmers Sand Exhibit J — Vegetation Information Nov 2024 EXHIBIT J - VEGETATION INFORMATION The Site is situated within the Great Plains ecoregion at an approximate elevation of 4,800 feet above mean sea level (AMSL). Vegetation communities within the site were evaluated by ERC using the USGS GAP/LANDFIRE National Terrestrial Ecosystems data (GAP Analysis) for Colorado (USGS 2011). The GAP Analysis provides geographic information systems (GIS) spatial data and classification of land cover and vegetation community types. In total, 10 vegetation communities and land cover types are mapped within the Site, with Open Water comprising approximately 53% of the total land (Refer to Exhibit C (e)). In the upland areas, the Site predominantly consists of Western Great Plains Sandhill Steppe (22%), Western Great Plains Shortgrass Prairie (10%), Cultivated Cropland (7%), and Pasture/Hay (7%). Smaller portions of upland habitat comprise less than 1% of the total area and include Inter -Mountain Basins Playa, Disturbed/Successional Shrub Regeneration, and Developed Open Space. Vegetated wetland habitat mapped within the Site comprises less than 1% of the total land cover and includes a few small pockets of fringe habitat along the dam which are characterized by the Western Great Plains Floodplain, and Western Great Plains Riparian Woodland and Shrubland vegetation communities. Refer to the enclosed Wildlife Report Milton Reservoir - Farmers Sand Project (ERC Dated November 1, 2024) for a detailed description of the vegetation communities and land cover types within the site. The relationship between vegetation and soil types is presented in the following table. Exhibit .1- Affected Land - Vegetation Community Type & NRCS Soils USGS GAP Analysis Vegetation Community and Land Cover Type NRCS Soil Type Acres Cover Affected Land 579 - Open Water (Fresh) 579 - Open Water (Fresh) Total Water Valent sand, 3 to 9 percent slopes Loup-Boel loamy sands, 0 to 3 percent slopes Valent sand, 0 to 3 percent slopes Vona loamy sand, 0 to 3 percent slopes Ellicott -Ellicott sandy -skeletal complex, 0 to 3 percent slopes, rarely flooded Olney loamy sand, 1 to 3 percent slopes 1,332.5 105.6 104.5 86.9 27.6 23.2 5.6 1,68641 4y�c ' i . i J A ERC Farmers Sand Exhibit J — Vegetation Information Nov 2024 Exhibit .1- Affected Land - Vegetation Community Type & NRCS Soils USGS GAP Analysis Vegetation Community and Land Cover Type f 557 - Pasture/Hay 557 - Pasture/Hay Total 329 - Western Great Plains Sandhill Steppe NRCS Soil Type Valent sand, 3 to 9 percent slopes Vona loamy sand, 0 to 3 percent slopes Valent sand, 0 to 3 percent slopes Olney loamy sand, 1 to 3 percent slopes Ellicott -Ellicott sandy -skeletal complex, 0 to 3 percent slopes, rarely flooded Loup-Boel loamy sands, 0 to 3 percent slopes Water Vona loamy sand, 3 to 5 percent slopes 329 - Western Great Plains Sandhill Steppe Total Valent sand, 3 to 9 percent slopes Vona loamy sand, 0 to 3 percent slopes Olney loamy sand, 1 to 3 percent slopes 331 - Western Great Valent sand, 0 to 3 percent slopes Plains Shortgrass Prairie Vona loamy sand, 3 to 5 percent slopes Loup-Boel loamy sands, 0 to 3 percent slopes Ellicott -Ellicott sandy -skeletal complex, 0 to 3 percent slopes, rarely flooded estern Great Plains Shortgrass Prairie Total Loup-Boel loamy sands, 0 to 3 percent slopes Vona loamy sand, 0 to 3 percent slopes Valent sand, 3 to 9 percent slopes Valent sand, 0 to 3 percent slopes Water Osgood sand, 0 to 3 percent slopes Valent sand, 3 to 9 percent slopes Vona loamy sand, 0 to 3 percent slopes Olney loamy sand, 1 to 3 percent slopes Loup-Boel loamy sands, 0 to 3 percent slopes 556 - Cultivated Cropland Valent sand, 0 to 3 percent slopes Ellicott -Ellicott sandy -skeletal complex, 0 to 3 percent slopes, rarely flooded Water Osgood sand, 0 to 3 percent slopes 556 - Cultivated Cropland Total Loup-Boel loamy sands, 0 to 3 percent slopes Valent sand, 0 to 3 percent slopes Valent sand, 3 to 9 percent slopes Vona loamy sand, 0 to 3 percent slopes Water 192 - Western Great Plains Floodplain Acres 476.9 141.2 44.3 25.5 % Cover Affected Land 10.9 0.8 0.1 0.0 699.7 22% 153.8 113.1 24.4 23.1 4.6 2.5 0.1 321.6 10% 108.8 51.7 48.9 27.1 0.7 0.4 237.7 87.4 71.0 27.3 13.9 9.3 7% 4.6 4.2 0.6 218.2 7% 12.5 3.1 3.1 0.7 0.4 2 ERC Farmers Sand Exhibit J —Vegetation Information Nov 2024 Exhibit J - Affected Land - Vegetation Community Type & NRCS Soils USGS GAP Analysis Vegetation Community and Land Cover Type NRCS Soil Type Ellicott -Ellicott sandy -skeletal complex, 0 to 3 percent slopes, rarely flooded 192 - Western Great Plains Floodplain Total 194 - Western Great Plains Riparian Woodland and Shrubland Loup-Boel loamy sands, 0 to 3 percent slopes Valent sand, 3 t0 9 percent slopes Ellicott -Ellicott sandy -skeletal complex, 0 to 3 percent slopes, rarely flooded Valent sand, 0 to 3 percent slopes Acres 0.2 20.0 5.5 3.6 2.4 2.0 % Cover Affected Land 194 - Western Great PlainsRiparian O _p Viand; anti .Shrub:land Total 13.4 0% 581- Developed, Open Space Vona loamy sand, 0 to 3 percent slopes Valent sand, 3 to 9 percent slopes Olney loamy sand, 1 to 3 percent slopes Valent sand, 0 to 3 percent slopes Water 5.6 2.8 0.1 0.1 0.0 581 - Developed, Open Space Total OM 458 -Inter -Mountain Basins Playa Loup-Boel loamy sands, 0 to 3 percent slopes 4584 -Inter -Mountain Basins s Playa Total 575 - Vona loamy sand, 0 to 3 percent slopes Disturbed/Successional - Shrub Regeneration Valent sand, 0 to 3 percent slopes 575 - PaP!d/Succ�S$.iqnaI - Shrub Regeneration Total Grand Total 1.3 13 0.7 0.5 1.. 0% 3,207.6 100% EXHIBIT K CLIMATE INFORMATION A ERC EXHIBIT K - CLIMATE Farmers Sand Exhibit K — Climate Nov 2024 1.0 Introduction Climatic conditions at the project site were characterized for this assessment using site specific data. FRICO owns and operates a remote meteorological gaging station at Milton Lake. The station is located on the northeast corner of Milton Lake (40°13'58.02"N, 104°37'24.55"W) as shown in Figure 1.1. The site was installed in 2013, but did not provide reliable data until the start of 2014. The site is used to collect precipitation, temperature, relative humidity (RH), barometric pressure, wind speed and direction, and shortwave radiation data with a Campbell Scientific CR800 Datalogger and Campbell Scientific sensors. In image of the weather station is provided in Figure 1.2; Table 1.1 presents data collected at the station. Data collected at the station is collected every 15 minutes with data transmitted to FRICO's office. Figure 1.1: The Milton Lake Weather Station Location Relative to Milton Lake 1 I I , I L I'� �r e.' Figure 1.2: A Photo of the Milton Lake Weather Station Table 1.1: Parameters Measured and Related Sensors Farmers Sand Exhibit K — Climate Nov 2024 Parameter Measured Sensor Texas 03002 Vaisala Campbell Campbell Electronics R.M. HMP50 Temperature Scientific Young Scientific TE525 CS100 Wind CS301 Tipping Sentry Barometric Pyranometer and Set Bucket Relative Pressure Rain Humidity Gage Sensor Probe ' Precipitation Temperature Barometric Wind Shortwave Speed/Direction Radiation Pressure & Relative Humidity 2 ERG 2.0 Site Climate Climate at the Milton Lake site is presented below. Farmers Sand Exhibit K — Climate Nov 2024 2.1 Temperature Recorded daily maximum, average and minimum temperatures are presented in Figure 2.1. Average monthly values are shown in Figure 2.2. Average monthly temperatures range from a minimum of approximately -10°F in December and January to a high of approximately 100°F in July. The average temperature is roughly 50°F. 120 100 80 4360 C z 40 0 E 20 0 -20 -40 Figure 2.1: Daily Maximum, Average, and Minimum Temperature Milton Lake Max, Avg, Min Air Temp (f) 2014-2024 ‘ ,lis• ‘ '�` 'Ste 1\` N 3 91' tn Cle Max Air Temp (F) Avg Air Temp (F) Min Air Temp (F) 120.00 100.00 80.00 60.00 40.00 20.00 0.00 -20.00 Farmers Sand Exhibit K - Climate Nov 2024 Figure 2.2: Maximum, Minimum and Average Monthly Temperature Milton Lake Air Temperatures (F) 2014-2024 eat \,> NZ N4941 es. 4eie 44# +13 Month Average Monthly Max Air Temp Average Monthly Air Temp(F) sAverage Minimum Monthly Air Temp(F) 2.2 Precipitation Daily precipitation recorded over the site's period of record is presented in Figure 2.3. Average monthly values are shown in Figure 2.4. As is clearly displayed in Figure 2.4, the site has a distinct wet period with approximately 55% of the site's annual 10.73 inches of precipitation falling in May and June. June is the wettest month with an average of 3.35 inches of precipitation while December is driest with 0.09 inches of monthly precipitation on average. 4 � ERC 2 1.8 1.6 c c 1.2 a' 1 '5 0.8 c) °- 0.6 1.4 0.4 0.2 0 Farmers Sand Exhibit K — Climate Nov 2024 Figure 2.3: Total Daily Precipitation Milton Lake Total Daily Precip (in) 2014-2024 q�t� hl O\<19. �415) qq Nei OHO q�� Cl, ti\�\�\ti\�` �� '\ ti' N' N\ PN 4.00 3.50 3.00 c = 2.50 O Es 2.00 1 1.50 L 1.00 0.50 0.00 Date Figure 2.4: Average Monthly Precipitation Milton Lake Average Monthly Precip (in) 2014-2024 ■ wo eb 4.per: �'CsP's kei +(II\ Nda 5 NA cojc- iss> .%) /0%, 'ir# e Month bt NIN • %to 464.4 a0e� Farmers Sand Exhibit K — Climate Nov 2024 2.3 Wind Speed Maximum daily wind speed at Milton is presented in Figure 2.5. Average monthly maximum values are shown in Figure 2.6. As can be observed from the figures, there is seasonal variability in wind speeds with the lowest wind speeds in November and December and peaks in March and April. Figure 2.5: Maximum Daily Wind Speed Milton Lake Maximum Wind Speed (Miles/hour) 2014-2024 60 O 50 2 w 40 in 30 a 20 a cn - 10 C 0 hit <O o NA\ O 0 O O Ncb NO 0 COQ \�° pN'N\ Date o`1' O1' o`V1 o" Maximum Wind Speed (mites/hour) ; ---I Maximum Wind Speed {miles/hour) (Sensor Broken) 6 14.00 z O cp 0 -v 12.00 10.00 8.00 6.00 4.00 2.00 0.00 1Ia f—�. 41 k,� Figure 2.6: Average Monthly Maximum Wind Speed Milton Lake Average Maximim Wind Speed (Miles/Hour) 2014-2024 ISISN Month so Vk As" Farmers Sand Exhibit K — Climate Nov 2024 4 esvc Noe 2.4 Barometric Pressure Average monthly barometric pressure at the site is presented in Figure 2.7. As with other parameters, there is an observable seasonal variability in pressure with peak pressures in July — September and lowest pressures from February — May. 7 A ERC 856.0 L m 855.0 E 854.0 2 853.0 852.0 0 851.0 •L 850.0 c) 849.0 2 848.0 co CO 847.0 Farmers Sand Exhibit K — Climate Nov 2024 Figure 2.7: Average Monthly Barometric Pressure Milton Lake Average Monthly Barometric Pressure (mBar) 2014-2024 seN i I Month 5.ieys n oc) �G O 23 Relative Humidity Average monthly relative humidity at the site is presented in Figure 2.8. Values range from a low of 50% in July to a high of 67% in January. 8 � ERC a 80 70 J C) a) cc C v O a 0 60 50 40 30 20 10 Farmers Sand Exhibit K — Climate Nov 2024 Figure 2.8: Average Monthly Relative Humidity Milton Lake Average Monthly Relative Humidity (%O 2014-2024 .)0 se 4c ‘-t<tt\ "zi Month 1/400 cot cow O ‘4° J 2.6 Shortwave Radiation Average monthly shortwave radiation is presented in Figure 2.9. Values range from a low of 156 Watts per square meter (W/m2) in December to a high of 271 W/m2 in August. 300 250 200 150 100 50 0 Figure 2.9: Average Monthly Shortwave Radiation Milton Lake Average monthly Shortwave Radiation W/m2 2014-2024 qtr �`is G� 9 vev)` c#0 11/49 Oci ERC Farmers Sand Exhibit K — Climate Nov 2024 2.7 Evaporation Raw meteorological data collected in the site weather station is used to calculate reference evapotranspiration, Etr. The method used to calculate ETr is the FAQ Penman -Monteith equation. ETr is converted to open water evaporation by multiplying ETr by a factor that accounts for the difference between the reference crop and a free water surface. In this case, calculated ETr is multiplied by 1.2 to convert ETr to pan evaporation and then by 0.7 to convert pan evaporation to open water surface evaporation. Average monthly evaporation at the site as calculated from base climate data is presented in Figure 2.10. Average annual evaporation is approximately 50.7 inches with monthly values ranging from a low of 1.3 inches in January to 7.3 inches in July. 8 7 6 5 4 2 0 I Figure 2.10: Average Monthly Evaporation Average Monthly Lake Evaporation (in) 2014-2024 2 3 4 5 6 10 9 10 11 12 EXHIBIT L RECLAMATION COSTS � `i► �� ♦ � i a fv yy,'j•rcaa ♦. _ ►.. Zs ; s ;4C -a 9 • .! .• Tom• >f�M ! !L _• &a aa ttiAlaikea ��y _r �•'�� WESTERN STATES RECLAMATION 3756 Imperial Street r Frederick, CO 80516 (303) 833-1986 + (303) 833-4447 - Fax To: Address: ERC Lakewood Lakewood, Office 12345 CO 80228 W Alameda Pwky #206. Lakewood ... Contact: Phone: Fax: Project Project Name: Location: Milton Reservoir ERC Bid Bid Number: Date: Item # Item Description Estimated Quantity Unit Unit Price Total Price 1 Mob 2 Project Management 3 Reclamation Oversight 4 Weekly Meetings 5 Remove Dredge & Cyclone Discharge Pipe 6 Remove Dredge Equipment 7 Remove Cyclone Infastructure 8 Remove Conveyors 9 Remove Sand Plant Infrastructure 10 Fill Settling Pond 11 Grade Stockpiles And Slopes 12 Grade Settling Pond 13 Grade Permanent Roads 14 Grade Temp Roads 15 Placement Of Topsoil? On Stockpiles 16 Placement Of Topsoil? Settling Ponds 17 Placement Of Class 6? On Temporary Roads 18 Placement Of Class 6 On Permanent Roads 19 Ripping Of Stckpiles 20 Ripping Of Settling Ponds 21 Ripping Of Temp Roads 22 Hydroseed Stockpiles 23 Hydroseed Settling Ponds 24 Hydroseed Temp Roads 25 Monitor And Maintenance 26 Vegetation Water Truck 27 Vegetation Water 28 Erosion Controls/maint 29 Waddles 30 Silt Fence 31 SWMP Management & Inspections 32 Debris Removal 33 BMP Removal 1.00 LS 400.00 HR 8.00 WK 8.00 WK 18,600.00 LF 1.00 EACH 9,000.00 SF 1,500.00 LF 342,000.00 SF 355,000.00 CY 250.00 ACRE 74,770.00 CY 6,00 ACRE 4.00 ACRE 169,150.00 CY 74,770.00 CY 3,000.00 CY 4,100, 00 CY 250,00 ACRE 110.00 ACRE 4.00 ACRE 250.00 ACRE 110.00 ACRE 4.00 ACRE 122.00 HR 24.00 DY 240,000.00 GAL 1.00 LS 18,700.00 LF 40,000.00 LF 1.00 LS 1,00 LS 58,700,00 LF $2,199,100.00 $247.00 $3,960.00 $3,960.00 $7.70 $31,350.00 $9.50 $27.00 $0.30 $3.50 $190,00 $4.20 $5,065.00 $7,595.00 $350 $3.50 $50.00 $50.00 $125.00 $125.00 $2,185,00 $4,950.00 $4,950.00 $4,950.00 $440.00 $1,025.00 $0.95 $46,950.00 $6.60 $1.95 $142,950.00 $49,500.00 $2.45 Total Bid Price: Notes: • Addendums acknowledged: None • This bid is good for thirty (30) days from the bid date set forth above. • This bid does not include Davis Bacon wages or certified payroll requirements, • This bid does not include a performance or payment bond. Add 1.5% for bond. Minimum of $250.00 charge. 10/21/2024 2:56:44 PM $2,199,100.00 $98,800.00 $31,680.00 $31,680.00 $143,220.00 $31,350.00 $85,500.00 $40,500.00 $102,600.00 $1,242,500.00 $47,500.00 $314,034.00 $30,390.00 $30,380.00 $592,025.00 $261,695.00 $150,000.00 $205,000.00 $31,250.00 $13,750.00 $8,740,00 $1,237,500.00 $544,500.00 $19,800.00 $53,680.00 $24,600.00 $228,000.00 $46,950.00 $123,420.00 $78,000.00 $142,950.00 $49,500.00 $143,815.00 $8,384,409.00 Page 1 of 2 EXHIBIT M OTHER PERMITS AND LICENSES EXHIBIT M - Other Permits and Licenses Rule 6.4.13 1) Please identify which of the following permits, licenses and approvals which are held or will be sought in order to conduct the proposed mining and reclamation operations (check all that apply): flCounty zoning and land use permits X Ehli cent discharge permits l .adioactve source materials licenses ermit to construct a dam Highway access permits nfrU.3. Forest Service permits City zoning and land use permits Air quality emissions permits Explosives permits Well permits State Historic Preservation Office JJ_Uureau of Land Management permits Disposal of dredge and fill material (404) permits Other: Eagle Take Permit a. (Optional) If available, please enclose with this application copies of the permits, licenses and approvals identified above or provide proof of filing. DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT DENVER REGULATORY OFFICE, 9307 SOUTH WADSWORTH BOULEVARD LITTLETON, COLORADO 80128-6901 June 15, 2021 SUBJECT: Approved Jurisdictional Determination — Corps File No. NWO-2021- 00342-DEN, Milton Reservoir, Weld County, CO Mr. Scott Edgar FRICO 80 South 27th Avenue Brighton, CO 80601 Dear Mr. Edgar: This letter is in reference to the proposed project located at approximate latitude 40.230260°, longitude -104.641271°, in Weld County, Colorado. The submittal dated April 27, 2021, consists of a request for an Approved Jurisdictional Determination for aquatic resources located within the above project. The delineated areas located on the subject property have been reviewed in accordance with Section 404 of the Clean Water Act under which the U.S. Army Corps of Engineers regulates the discharge of dredged and fill material, and any excavation activity associated with a dredge and fill project in waters of the United States. At your request, an Approved Jurisdictional Determination (JD), a written indication that wetlands and waterways within your project area are not waters of the United States has been prepared. The Corps has determined that Milton Reservoir and associated wetlands, identified within your study area, are excluded waters and do not meet the definition of waters of the U.S. Based on the information submitted, the Corps has determined that no permit is required for activity (dredging) described in your permit application. The JD is attached to this letter. If you are not in agreement with the JD decision, you may request an administrative appeal under regulation 33 CFR 331, by using the attached Appeal Form and Administrative Appeal Process form. The request for appeal must be received within 60 days from the date of this letter. It is not necessary to submit a Request for Appeal if you do not object to the J D . This JD is valid for a period of five years from the date of this letter, unless new information warrants revisions of the JDs before the expiration date, or unless the Corps has identified, after a possible public notice and comment, that specific geographic areas with rapidly changing environmental conditions merit re -verification on a more frequent basis. If there are any questions please feel free to contact Aaron Eilers at (303) 979-4120 or by e-mail at Aaron.R.Eilers@usace.army.mil, and reference Corps File No. NWO- 2021-00342-DEN. Sincerely, 1P Kiel Downing Chief, Denver Regulatory Office Enclosures: Approved Jurisdictional Determination (June 15, 2021) Notice of Administrative Appeal Options Administrative Appeal Process Flowchart Cc: Dave Blauch (via email) 1 of 6 SHORT-TERM EAGLE INCIDENTAL TAKE Permit Number: MBPER3656925 Version Number: 0 Effective: 2024-06-11 Expires: 2029-05-31 Issuing Office: Department of the Interior U.S. FISH AND WILDLIFE SERVICE MB Lakewood Permit Office P.O. Box 25486 DFC (60154) Lakewood, Colorado 80225-0486 permitsR6MB@fws.gov Tel: 303-236-8171 Permittee: FARMERS RESERVOIR AND IRRIGATION COMPANY dba MILTON RESERVOIR OWNER 80 SOUTH 27TH AVENUE BRIGHTON, CO 80601 U.S.A. Name and Title of Principal Officer: SCOTT EDGAR GENERAL MANAGER DEPUTY REGIONAL DIRECTOR Authority: Statutes and Regulations: 16 U.S.C. 668-668(d), 16 U.S.C 703-712 50 CFR Part 13, 50 CFR 22.80 Location where authorized activity may be conducted: Weld County, Colorado Reporting requirements: You must submit an annual report to your Regional Migratory Bird Permit Office each year, even if you had no activity. To retain the authorizations granted under this permit, you must comply with its reporting requirements. See Condition H and I for more information. You must submit an annual report to your Regional Migratory Bird Permit Office each year, even if you had no activity. Form can be found at: https://fresepermitspservicenowsenifices.comirws Under "Explore Permits" select your permit type. Annual Report Form is under Permit Details. 2of6 SHORT-TERM EAGLE INCIDENTAL TAKE Permit Number: MBPER3656925 Version Number: 0 Effective: 2024-06-11 Expires: 2029-05-31 Link to federal permit regulations: https:J/wrw. rs.gov/program/migratort'-bird-permit/permit-type and -forms Reporting Form: Form 3-202-15 (Eagle Incidental Take Report): http://vvww.fws.gov/forms/37202-15.pdf. Authorizations and Conditions: Eagle Biologist and Contact Number: Anna Joy Lehmicke at: 720-948-4966 General Permit Office Number: 303-236-8171 A. General conditions set out in Subpart B of 50 CFR 13, and specific conditions contained in federal regulations cited above, are hereby made a part of this permit. All activities authorized herein must be carried out in accordance with and for the purposes described in the application submitted. Continued validity, or renewal of this permit is subject to complete and timely compliance with all applicable conditions, including the filing of all required information and reports. B. You are responsible for ensuring that the permitted activity is in compliance with all federal, tribal, state, and local laws and regulations applicable to eagles. C. Valid for use by permittee named above and any subpermittees (see Condition G.). D. You are authorized to disturb four (4) bald eagle (Hallaeetus leuocephalus) nests incidental to your ongoing dredging of the Milton Reservoir Project. The building of settling ponds, pipeline routes, haul roads and the dredge boat parking location at the following locations: Nest 01149A - Latitude 40.22758TN, Longitude -104.65525°W; Nest 01149B- Latitude 40.224810°N, Longitude -104.651969°W; Nest 01149C - Latitude 40.241085°N, Longitude -104.654913°W; Nest 01149D - Latitude 40.240224°N. Longitude -104.650158°W The authorizations granted by this permit apply only to take that results from activities conducted in accordance with the description contained in the permit application and the terms of the permit. If the permitted activity changes, you must immediately contact PermitsR.6MBfws.gov to determine whether a permit amendment is required in order to retain take authorization. To disturb/disturbance means to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available, (1) injury to an eagle, (2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior, or (3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior. E. This permit does not authorize intentional take of eagles or eagle nests. F. You must comply with the following avoidance and minimization measures: 1. To the extent practicable, avoid moving the work boat and pontoon boat through the Nest D buffer before dawn or after dusk. 3of6 nit f'INII. ii W'iU_(tIFt tat'I{tra f SHORT-TERM EAGLE INCIDENTAL TAKE Permit Number: MBPER3656925 Version Number: 0 Effective: 2024-06-11 Expires: 2029-05-31 2. If any new activity (i.e., anything other than boat movement or regular vehicular traffic) is started within the 660 -ft buffer of any nest when that nest is active, a qualified biological monitor must be on -site and will have stop work authority if eagles exhibit adverse reactions to the new disturbance. 3. As previously agreed, all dredging activity within nest buffers should occur outside the nesting season. If a nest is not occupied by April 1, it can be assumed that it will not be used that year and these restrictions will no longer apply. G. Subpermittees. Any person who is • employed by or under contract to you for the activities specified in this permit, or • otherwise designated a subpermittee by you in writing, may exercise the authority of this permit. 1. A subpermittee is an individual to whom you have provided written authorization to conduct some or all of the permitted activities in your absence. Subpermittees must be at least 18 years of age. 2. Any subpermittee who has been delegated this authority may not re -delegate to another individual/business. 3. You are responsible for ensuring that your subpermittees are qualified to perform the work and adhere to the terms of your permit. You are also responsible for maintaining current records of designated subpermittees. As the permittee, you are ultimately legally responsible for compliance with the terms and conditions of this permit and that responsibility may not be delegated. 4. You and any subpermittees must carry a legible copy of this permit and display it upon request whenever exercising its authority. H. Monitoring Requirements. You are required to monitor eagle use of important eagle -use areas where eagles are likely to be affected by your activities. You are required to monitor until 2031, during the season(s) when eagles would normally be present, in the area where the take is likely to occur, and noting whether eagles continue to nest, roost, or forage there. a. If FRICO completes its activities outside of the January 1 — August 31 nesting season, no monitoring is required. b. If FRICO activities occur during any portion of the nesting season, a qualified biologist must monitor the nest for activity using standard permit conditions for monitoring. c. Disruptive construction activities (dredging work, heavy equipment work, other loud activities) within the 660 -foot nest buffer area must occur outside the eagle sensitive time (January 1 through August 31) or while a biological monitor is on -site. The biological monitor will have stop work authority when eagles exhibit adverse reactions to disturbance. 4 of 6 SHORT-TERM EAGLE INCIDENTAL TAKE Permit Number: MBPER3656925 Version Number: 0 Effective: 2024-06-11 Expires: 2029-05-31 Monitoring should occur at a time of day when eagles are most likely to be in the area, e.g., early morning, before sunrise or late afternoon, just prior to sunset, e.g. 7am- 1 0am; 5pm-7pm EST. Monitoring must be able to provide data on the following: Monitoring should be conducted by qualified biologists and consist of the following: 1. Monitoring should be conducted throughout the entire bald or golden eagle nesting season. For the USFWS, Mountain Prairie Region the bald eagle nesting season is generally considered to be January 1st through August 31st of each year. An exception to this is for the state of Colorado where per agreement with the Colorado Division of Parks and Wildlife the bald eagle nesting season for Colorado is considered to be 1 December through 31 July, each year. For golden eagles the USFWS, Mountain Prairie Region, Migratory Management Office generally considers the nesting season to be January 1st through August 31st of each year. This applies to all 8 states in the USFWS, Mountain Prairie Region. 2. Monitoring should be conducted by qualified biologists in a manner such that the nest monitoring itself does not result in disturbance to nesting bald or golden eagles, if any are present. 3. Monitoring should be done at least one time per month throughout the bald or golden eagle nesting season for a minimum of 1 hour of observation time per month. 4. If monitoring determines the nest is inactive or that it has failed, as of June 1st, then monitoring can be discontinued for the remainder of that nesting season. 5. If the bald or golden eagle pair produces young eagles, and these young eagles are documented as having fledged from the nest by June or July (per these monitoring recommendations), then no additional visits to the nest are necessary, during the current nesting season, to determine status after fledging of the young occurs. 6. If regular once a month monitoring visits are not sufficient to determine occupancy, productivity, and nest success additional monitoring visits should then be added in order to make these determinations. 7. Monitoring should occur at a time of day when bald or golden eagles are most likely to be in the nest area, (e.g., early morning, before sunrise or late afternoon, just prior to sunset). 8. Nest monitoring should provide data on nesting bald or golden eagles regarding the following: a) Date and length of time eagles were observed b) Time of day c) Number and age of eagles observed (i.e. juvenile, immature, subadult, adult) d) Observed behavior (e.g. perching, feeding, sitting on or attending nest, in flight) 5 of6 svn SHORT-TERM EAGLE INCIDENTAL TAKE Permit Number: MBPER3656925 Version Number: 0 Effective: 2024-06-11 Expires: 2029-05-31 e) Nest activity status (active, inactive) f ) Nesting status (incubating eggs, eaglets present) g) Nest productivity (number of young produced/observed etc.) h) Nest success (number of eaglets fledged, or note if nest failed) You remain responsible for all outstanding monitoring requirements required under the terms of the permit for take that occurs prior to cancellation, expiration, suspension, or revocation of the permit. I. Reporting Requirements. 1. You must submit an annual report summarizing the information you obtained through monitoring to the Service for seven years (2024-2031)to the issuing permit office at PermitsR6MB@fws.gov . You may use Form 3-202-15 (Eagle Take Report) found online at http://www.fws.goviforms13-202-15.pdf to report eagle monitoring activities. Monitoring reports must be submitted by November 30 of each calendar year a report is required to the issuing migratory bird permit office at U.S. Fish and Wildlife Service, Migratory Bird Permit Office, P. O. Box 25486, DFC (60154), Denver, CO 80225 and/or PermitsR6MB a@fws.gov, and should include the following information: a. Date and length of time eagles were observed; b. Time of day; c. Number and age of eagles observed (i.e. juvenile, immature, subadult, adult); if age is not known, provide description; d. Observed behavior (e.g. perching, feeding, sitting on or attending nest, in flight); e. In the event a new eagle's nest is built on/adjacent to your property, you must also report the new location and whether the eagles produced young at that site; f. If any eagle nesting attempt was successful, failed or the eagles abandoned the area; and g. A description of any human activity at the time eagles are observed during each month of the monitoring period, (e.g. construction, road building, use of machinery, etc.). If no eagle activity is observed, a report indicating "no activity observed" is still required. If project activities were delayed or not conducted, an Annual Report indicating that "no activities occurred" is required. 2. You must immediately notify the migratory bird permit issuing office at PerrnitsR6MBfws.goy upon discovery of any unanticipated take or regarding any apparent injury or death occurring to any eagle, including viable eggs or young, related or unrelated to the project activities. You must immediately contact the nearest available permitted migratory bird rehabilitator (see https://www.fws.govistolyifind-migratory-bird- rehabilitation-facility) to find a permitted rehabilitator near you) to coordinate transportation of any injured eagle. 6of6 ILL Ns VI fa a wnsn.i n: M4TSCIR SHORT-TERM EAGLE INCIDENTAL TAKE Permit Number: MBPER3656925 Version Number: 0 Effective: 2024-06-11 Expires: 2029-05-31 All of the provisions and conditions of the governing regulations at 50 CFR part 13 and 50 CFR part 22.80 are conditions of your permit. Failure to comply with the conditions of your permit could be cause for suspension of the permit and/or citation. J. The standard conditions below are a continuation of your permit conditions. If you have any questions regarding these conditions, refer to the regulations and forms, or to obtain contact information for your issuing office, visit: https:/iwww.fws.goy/program/migratory-birci-permitipermit- types-ancinforms 1. This permit does not authorize you to conduct activities on federal, state, tribal, or other public or private property without additional prior written permits or permission from the agency/landowner. 2. You remain responsible for all outstanding monitoring requirements and mitigation measures required under the terms of the permit for take that occurs prior to cancellation, expiration, suspension, or revocation of the permit. Provisions for discontinuance of permit activity are outlined in 50 CFR 13.26. 3. You must maintain records as required in 50 CFR 13.46. Your records must also include the data gathered for monitoring and reporting purposes. All records relating to the permitted activities must be kept at the location indicated in writing by you to the migratory bird permit issuing office. 4. Acceptance of this permit authorizes the U.S. Fish and Wildlife Service to inspect and audit or copy any permits, books or records required to be kept by the permit and governing regulations (50 CFR 13.47). 5. You must allow Service personnel, or other qualified persons designated by the Service, access to the areas where eagles are likely to be affected by your project activities, at any reasonable hour, and with reasonable notice from the Service, for purposes of monitoring eagles at the site(s) while the permit is valid and for up to 3 years after it expires 6. The Service may amend, suspend, or revoke a permit issued under this section if new information indicates that revised permit conditions are necessary, or that suspension or revocation is necessary, to safeguard local or regional eagle populations. This provision is in addition to the general criteria for amendment, suspension, and revocation of Federal permits set forth in 13.23, 13.27, and 13.28 of this chapter. 7. To renew this permit if the activities described in Condition D have not been completed by the expiration date of this permit, permittee must meet issuance criteria at the time of renewal and must also have been in compliance with permit conditions, including all monitoring and reporting requirements of the original permit. 8. You may request amendment to your permit. The Service will charge a fee for substantive amendments made to permits within the time period that the permit is still valid. The fee is $500 for commercial permittees and $150 for non-commercial permittees (50 CFR 13.11(d)(4)). Substantive amendments are those that pertain to the purpose and conditions of the permit and are not purely administrative. Administrative changes, such as updating name and address information, are required under 13.23(c), and the Service will not charge a fee for such amendments. Requests for substantive amendment must be submitted via Form 3-200-71. COLORADO Department of Public Health & Environment Facility Activity Disturbed Acres: Facility Located at: Specific Information (if applicable): CERTIFICATION TO DISCHARGE UNDER CDPS GENERAL PERMIT COR400000 STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITY Certification Number: COR414592 This Certification to Discharge specifically authorizes: Owner Farmers Reservoir Et Irrigation Company (FRICO) Operator Farmers Reservoir Et Irrigation Company (FRICO) to discharge stormwater from the facility identified as Milton Reservoir To the waters of the State of Colorado, including, but not limited to: Milton Reservoir Remove sediment from reservoir basin and stockpile on adjacent land 1275 acres 16234 County Road 47 La Salle 80645 Weld County Latitude 40.238426 Longitude -104.637786 Certification is issued: 3/28/2024 Certification is effective: 4/1/2024 Expiration date of general permit: 3/31/2029 This certification under the general permit requires that specific actions be performed at designated times. The certification holder is legally obligated to comply with all terms and conditions of the COR400000 permit. This certification was approved by: Andrew Sayers -Fay Permits Section Manager Clean Water Program Water Quality Control Division i Vik-W3/44Thsh COLO RA DO Department of Public Health & Environment Facility Activity : Disturbed Acres: Facility Located at: Specific Information (if applicable): CERTIFICATION TO DISCHARGE UNDER CDPS GENERAL PERMIT COR400000 STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITY Certification Number: COR418738 This Certification to Discharge specifically authorizes: Owner Farmers Reservoir and irrigation Company (FRICO) Operator Farmers Reservoir and Irrigation Company (FRICO) to discharge stormwater from the facility identified as Milton Reservoir To the waters of the State of Colorado, including, but not limited to: Milton Reservoir Reservoir sediment removal and storage 191 acres Certification is Issued 3/26/2024 Certification is Effective 4/1/2024 16234 County Road 47 La Salle 80645 Weld County Latitude 40.238426 Longitude -104.637786 Expiration date of general permit: 3/31/2029 This certification under the general permit requires that specific actions be performed at designated times. The certification holder is legally obligated to comply with all terms and conditions of the COR40OOOO permit. This certification was approved by: Andrew Sayers -Fay Permits Section Manager Clean Water Program Water Quality Control Division COLORADO Department of Public Health 8 Environment Facility Activity : Disturbed Acres: Facility Located at: Specific Information (if applicable): CERTIFICATION TO DISCHARGE UNDER CDPS GENERAL PERMIT COR400000 STORMWATER ASSOCIATED WITH CONSTRUCTION ACTIVITY Certification Number: COR419504 This Certification to Discharge specifically authorizes: Owner Farmers Reservoir and Irrigation Company Operator Farmers Reservoir and irrigation Company to discharge stormwater from the facility identified as Milton Reservoir To the waters of the State of Colorado, including, but not limited to: Milton Reservoir Remove sediments from reservoir basin and place on adjacent land 200 acres 16234 County Road 47 La Salle 80645 Weld County Latitude 40.238426 Longitude -104.637786 Certification is issued: 3/25/2024 Certification is effective: 4/1/2024 Expiration date of general permit: 3/31/2029 This certification under the general permit requires that specific actions be performed at designated times. The certification holder is legally obligated to comply with all terms and conditions of the COR400000 permit. This certification was approved by: Andrew Sayers -Fay Permits Section Manager Clean Water Program Water Quality Control Division EXHIBIT N SOURCES OF LEGAL RIGHT -TO -ENTER CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES Land Title Order No.: Milton Reservoir Section 23 The Land Title Guarantee Company TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. Legal Description: All that part of Section 23, Township 3 North, Range 65 West of the 6tt' P.M., County of Weld, State of Colorado, being more particularly described in Warranty Deed recorded January 7, 1910 in Book 314 at Page 301. (Parcel No. 121323000003) CONVEYANCES (if none appear, so state): Book 314 Page 301 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 3rd day of March, 2017 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY By: (it Wen . Bell, Title .Examiner Cs() cea 1.6'446D4 a- • ♦:4 % '-. ' , 4• ' 59! re' .at,. -.3i5 , fee leg a s Z ,1rr+ .4 ��11:, �j1't� the a north 60 .e. , . 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I."•�Pa :.,�;•' Alta' " vistas ' nhaoy'ej T •�4f t 'rt.,114)1.:°t thee fre! pitrt ?�r :111 heniiitItti3 eeet• het in4id ate' Siale:t Vi -''��t•,'.R�tt# -' I. If . .1 #, 1, . • -:`` ` C. ' 1 - • - ` TM' OPCOt ttD 0 NOJ`��rL3°°��• v MID figs Not F ,rE n cdOllYelt.tetheali1 a y of 1'+ '!r. 1 „ �, . , , 1 , \ '�'1' 4 c . aY.•.,, �� $R r intilt: - r .iine4a.L ?aid Given undi ''er ,► hand and :notarial. sea" thin 4th' day. of• Jeshary A 1); i, y ooriurnleei'on expires - t?une-117, 491, . I • 4I t arr�r,rf�Ag o Iry - • a PRI: rlig , ;,:• N . 149154%1. ° • Y, . r •i • t • It. . t. T Y .• • • Ie1 . + V. ••: F t - r reoord at 9-40 o' oZOo A . I • •• 0. -t •r. 1• • ..II ..• • _ /• I• - •• _ -• '\ xxoocxoo xJ'+.Ili'. •• 6. Aa•• • V. / 1. it 1. I • • • • : • • S. ' 1 x' , ,41 ' • 1.44 • • • • ' • • .. - M,' :N 1• • • • - • t • 9 . - • as -a • ,.- • PA.. • 6 4. •11 5 �- • ` 1 . 4 • - • • .1 • P. r • •pt ' L _ • 4a '.�r • • ,a ,•d • : , .• • • "S•4 4' 1= f i - Via'- : N. Philip •Qu%stkowo-y 'f N t8 yf PUb110 s : _. .. . 4 • t I • , • • .4 .1 t, 1, -Yp 4-9 Luther', Recorder.,r . , r • • • • ` • ,p r,- • `, 1 r i• le t. . • _ f - • ' rr' • -' • "-.mot ., '`•. - • I . r J . - • f3' - - •*' - • ) • 1 ' -.1.1, : • -• ..15•74• 1 .• • •, 44f • 1 \ - I f • M. ••M rii•- t. • • . •. ,•,4'a tip, • 1 +1. 1 • . 11S -ply• •1. f .. ' Ya• - . 3 . ,•- ~. I I 1 - • r • •' a• 1 • 1• , - • :°I- •i •; . °•, _ .,• - •' ,• , j _T1 it this 20th' y Y te aerheer, h the :yea ef' ,our :I, t d Ono t ouee :nine h ndred a ;•n.t t i ANNA B. l l : ,vf t o city and .County of Denier a ► of C rlo 4,,' of the , E'ttr'Oill alb IIIRI C3�t CO'1 ,, "i•-�fl:r:B�r ��}111E1"'�s, Ind � VA�E'�+I�� ANIfi,:� gorlJror�lt�.�'n t�'�y.organ#mod a� 4 ° _-sxtetY'ng ter' and' by .vl'rtui off' the lawa `or the' It�e od Cos r duo off`' the_ esv •' ' • 'thee said party of the: f !et ;part, for .ar Yin-oonsidnstiorre or tt tar,* n !l oiiiS .' � }barged Seventy nine (5379.00) Do1lne, to the ea dl i y or :� In- hr 700: -by. the 'gild 'party or the n000nd parts t receipt -1 .r o c►tr1' soy+ aoknow ems a granted, bargained, Heim and convoyed,' end by 'these ;piece bee .;dote'•' bargs,in, •sell., oonvrey land at:Infirm the•n id:peat of the eerdoM part it' Ste iUabs.4ii� and a o e i. 9. f orsyers, • el.1 the- ' f011.o rir� de ►bed lot or .psflsl, :or • la , situat ', !lira' f , ;in the county' of, Wild sit 8$te of Color* 4'i to -wit. - , •. • 1 / ▪ 1 it 9 Y� .. .1 e. .. , ... 1 • - - J. `e f . ,,.4 - 1' .7 ,•'.r T II t •.. 1 Ail •//. 1 • �� NIA - ' the . i •� �f /�1 ^ • 1 ' 1'1 1 t~�f � • ;t All•1! ,- t Tpo ion • 31p 8 0 �' j , T 3 dll :LA W. Snoluded within the -ills! {o Milton i yw.■��,/'�Y• 4 `cif. r ~• ' t.- - 'T - 't• - ,_�• 5• _ —, .: a . p t "r •l. t' ,, Y' •I • yYf �' �,f \_ �� Th'e li •here • aontey d !shah extend on the east , aril_ Sleuth •of t '4 14x0'`'' li i` 't- ++ diets �f 100. `,'r t rot a,,' Ind -on the • t ith' :eind, West_ of the riot .11ii* - Its :,the,,, of h, i ate 14no i "oft'llale , 600411 eri♦ ;�,.rn - the O10 . line Shall. be doeeoitbed_'r !'hers* • • : , • ' •4•, r i-( ▪ ST I tr ,a 4♦ \ re -_,^• Si Begirm14 at a point °n.'th* �1rest''1jno of said Se i! 11345 t �,••me ,r-.,�.$ no 4- ' t er. a ., eouthweet earner of said- asatiorn, said point being denig ted e►Is t ta. s 3O :'tSM ea 'AGe '54' d `' - eset 90 -`feet to #ts-189#: 'nth EtiOof mouth 15° 52' oast 280 feet to eta 192;, t s ibe• south:28 �-]at rr.. 4 •'. Oaat ;setto..:14. i ;,,,,,!hello@ north 4Y ' east 285 feet to. Sts 1975 � .: e.,•;--1-414., 041 "ant 305 et,to •►..• 40; theme south e ' east 0ifoet to t,203f told iifee II : r `1 4''-114• - I - t. • I. J 11 Y� • • _ • ` - • rte. 414 • .II SEIM, Inc. SICL14073 WE 3140301-1861.001 4 • S, 4 .: -rrrl-ta4}?It±.flh •t,,:_{NU... +; V,' .� •M4h�'.�y� 1jl `p • t , ♦ r 1 l 4 • e', party. '• the -' runt' psi_tri b ► reerives to, cei+ elf, 'her ' #wire sn&et. sign :the ' 9 •l an kaid`:agree toI jnd"•tray. the "land re ihti + tviol •�!i' , `t°.the 100 root elP1frfld' i'roU :end- rtbievi ,thi: flow, line or Milton take feeervofr -I or4•Ithir► PuP$io �1a' *Stip-e in upon I4fld „,/t :::, a _ l 1t uig,,;r$iiy �rd d 't' .t MW be ooretrilated upon" aid l00 ' • . , . . gillor ��_ �Ilbi,io �. �' � .. 11;�1'r' e�+i�.�:. byeeo'�lria! �"t�' tor �tias �e�1 :. ' #' std 'or no other p rpore ••••'•%,4• • V ' F • rt • , •• ' - 11 , `TyThi': eohuo Oae, 1'b tr,tyJcj�Y{�•�e-��ey'ubjer.am�r,1, to/,t, nil �7the. .�1.�Y-. oc� wdittbneir`�elrvstlone dhd ,�*o ptto> e, r1�tr► .Ft �,• -'.� ° a -•_Id l{0 Y 1�t ''4 ` Vhe''-1ih1ION� i •:61-rrf�'' 71Vekt', 00MPANY to- • the. rty`• (it the-, rirot •7 , ,. ; -f-,.v• 1. • sis I • OG -� w♦ sil of the i• �• I�td' 1 hi11�e R�l'�•iU� t•,�,�l�te► bA1Qy�► _� _ 'Ir , 1. , r, •. _ , .,- • a. r:'•' .Y! - -. C: 1 r ♦ tJ awl , Irl?{!'Y11t 1 :a. .. 1.1 1sri a I ivBbpeN rot a 'rirrrt. the OroSo ?'*b%d..i�8wr relen 'fl$fr ,.tit's lPsjM$ S°• 't ar, ,6RU*S' �� T�- :��i,• P .}. t s t 4' �I"r4d{A.. .: ,. P�� v- � pd • {• � �' y + W{ e` 4 of SAct 11�,tlze seta •�r g t, it .0 • nterree , , td dei$ tn�as ,r, or' Y.1,1141110* in taw or e _ uit a i ti c.. et , ��'�itel�e�i1; rt � �t' 'tea � � n .�', �'� �'ra� � that e►l��+ra,r �,�,,� :, e '. I. .1 .•��,'..t } ��'.-Rli Yli tho h slit >•J=Yel, to '41011,1. , e 9 ko ., 1 i • • 4• t,, O 14A' ;,:ivMiT) to:'Hi0iii); the:::e�i•d.,_ p ►niBe8 ,s; ov'e, hrrge in dl ai"nc1 .ode-eor'ibed, with tote ppptirt.a.n lnr ee .. ..0 .I GATlt �l 6.i0tW�4NY,..the •laid rtY:.. 01: th, r;tisecc . last is•_i .e . _itirici eras i �'�1�: � �' R�S�!�IR �Yut ore ti i i-a 'art `' _• - - • '• . t . . ,• ' 1 i. , , l 6 ti I � . rill, • - - -. - , And therj4s if]. ANNA. 1/{S. J R y%rt�' sot the lir pnr t', f_or ?herself, 'ba r' heirel�;_: xectatyr rs i .rY"' , ` r ninist tore ri ! c vevvint • _a Ib ", .beiti •' srci Brie • .. 1/ ^J a •. , r �' ' it_ 1,. i ;� �,: � ,y gK , �� i�� ' the . a�a! • a��h tfi��a�ld pad► _ of � � s�ora��' . gl plait 4,; its Duocos oris helm, end eroati as et itt the time off`- the eenesig ,t�ngrand dell+ ry ;if 'ee ' i ,1 • -, • • prelents tent_ 'te vie1_l ee °sed' of .t if a ri'004, have oonv yed, Kra 1101 go,,ody:L. ore,, iiiiiieit, Febs+olUti . ..- pi and 1nd.te bible tie + n 1 $ ,.p , arc h good right, ft l} :power and ► e ltlII, i i s�rr n foe s is inartu3 authority to 'grea , bist iln; `hell- midi aonve r the eckme in ran ford afore aid, and- 1 , that : td -is* ate frae and, 11'e r !rob.' tilt/ t ►r r ant -other grate , bargains, esblait; l i min , tnme , a •• e/e eesemer00 tired ,'inollinbaae ee of whatever :kind ,or nit e: tiomeer, , and the -tableau, talbleau, bi Itned Pilotless in the...quiet' a et' and per�ae b :pvaaee off' t rig'_, said or t1 e second.- rt Ste er 'a�oeeYeoi�d : 1 'a and r't, aesigne,, againu t`. all and a rm, ,ereon or. apenaeOhe ' ls' ,a' • ale Spine or to o1i the whole or :shy part therbOf, - the said party or-- the tint- pert Stall lints,' ' i%rill WARRANT AND FOB D . 4 . '•, • . `'FI t 1 ,14 • IN WITNESS Ti tR1 EOF, The said arty ,of the first pert hereunto' c ' set her :std _�. _ .: 1 dad. and year 'first above written. ; �. r. ' • 4 ,aa ,_ ,,; . I ..•- - - - R' " t • •� • _.i ?_` I1 Y,th • `♦y !1 • • u . .. • . sealed y.:ry �I *1{ ��y+ (+yy 'ir •, presence of ^1 _• r •- •Y'`i. •_ -• • �' _ .F, t �`'/ �.; • I _ 1 .-AR_. , Signed* neu led and livered -in ?reii a ,- , -.-� • .Y • . - - ,4 • 4 ,;_, a.4 1. r R• a• �_ _ , •t .1 ••{. fib -•114.Wm Os mog*.risrsa_ _pallid- net Y�f'!i�.een __ • • _ t a _,.P_ faller '�'."1:_•-•,.:. . •-.rt - ' • til 1 - .. • • •t I-.- „ _' / ' an. '''3' y°••1 Anna':•BA.,,faller (Stoati it 4 ?•- I ,. •• s• . • r ! • -\ �" .1 ./ 'a^ - 1.' 1- - t/ - .! ..... Y` r r,; j- • :1,,A .sr ,A • Pr r r L1 �1 11 II Ir i nit" " t • 4 d ' •1 _ I L . i- ,. _ il ~I. .' '°. '• ti •• d ,,4 '1• ..' ^♦. yam. ♦t.a la' _1 .. y' ,• ,rl • St 1 a . t-1 • , StATF OF CO RADO CITY at COUNTY OF APE d ., s 1 ' , r _ 41 • .I. - It David Fleanner a •Note • 1 I • the chte 'atOraoaYtd, do hereby Certify ttbAt. ANNA'Sil MISR who is personeiliy known to Fein. to "' ▪ :.•I the.:person.' wholei iffeti00 is subscribed to the toregoing Deed, `eupiieirred before me this dsyr_in persons •1 and ecknoiwle' d �t�iat A�ae eSr,�t�rd�, ��l�d a� del#�'vered t �esx�:ltruaaerlt of writing a ter -! and voluntary eat' and deeds for • the lanes- i purposes therein tab faiths * • 1 c , 1 .' - Giver; under m ► ban:Q 'and Notarial."8001.- 1 - this 20th y or Nove bent 1411 •_D. !Si* - ,- 74_ oloilitition expir.ei ' eve rber :26tii, •A.. ). .10- ' r - . • +i ' 1 ,I • • • - ' ,r 1 . _ _ - • r. • • t ♦•. 1•� t 1114 • • *Of • I it, , .• . ' # ilotary .Public •i ,. • 4.4 t, •. .- I"• - -- _ • 4' •,i-I I • •. 1, 41 • • 2.., ' r ifs 1` 4s'r r 1.,- r•. -R .{:•' s ;tabs -ER? • •1 _ . 1 ,i P. I,t"1^ ., Y'•I ,"�,', r i"'.'t- .'Y:` I'+•1.1 �1•- II •=;_tt0. 149,x, , - > .. - • - • • F'fled for reQbrrl at 9-40. o' cloak. A;' s ,:41a0.0,.74 .1910• '4 - • Z r r - • -- - '• . - . , • ; , i- • , • y. • .. • • - '4' : "r • .1_ • 4 - • • • e -t ,r A. , 1 1 4 • _ • t _. - r • {.' t►• • . .1.1.. ,1 .. •{ 'b'- 4 .• - -`•-• • - , t 4 • Y -, •• • • - ' 4 F , • I. 1• • - - ' r • . - •�1, _ + , r • 4 I r ,. - ♦ 4 T I • - • - 4.! . r , _ • . ' A • . , 1 ,� • 1 _�' I • • 4!- . 1 , • . - ' • _ • ', {, 4 ir02 • yyy.>i ``ya • ,ice • ,I- { •.• •I • 1 -• •r . •-fir I ,. al •4i '1i • y /; r •4r1 . 4,11 _ ' °Cj• - ., •,• • •• r - ` _ i I r• _y Pr 1 • I,•! J ••-.r l - 4 '�'• - r •/' - . - r''. i, , I . t .._ r. 1'. r _ r '. _ r • .. t. II • 4 •'•1 ' �jj,,7r _ • '� - •♦ . . i • Ole" •.• .. 1_ •! -r I. - • _ L4 G .•. • 1 I':air, •_'^�R ,• a r • y'1 z, ... . '�;1�Y, ,+♦�,1�� ♦, -• r••r •- �', 1•N • /,y� I_ -- � }� , a s c'• /.� 1 - �F} _ . _ 1 _ }- /.1 _ , r 4.♦` _ - a r ' _ t' C ....I, I I a i °• ,-1*t y,� •r r de this •20th' " , -of Hov mbe"r in he yet r 1, of 'our �f•' M•',it,r t `ult 1 • Y, �`'�,rj,'��'''ly�1Ry��r ,-y• V.. .T. •r•' 91f1I �f n�' ' eTi *"i'i�'�+•�'` as Ole it�e rp�t y _ o_g V M1'i�'r " +"i� s : M'Y!�!`'e�► � �` .!!."�, '�pP'r �k�1,]T1��•�l _ �►'� F-• - - _--� `4 , • 51 i" ]�,�,�_ , , . E -,FAmmi tits RS ERYO; 6 - IRRIGATIONAyyQOMP,941fT + ' 1, . i■�,l�r ; , M;a ▪ { r T.1•'.ii 4 ,r `,� •" e'er -tilt �' r *�'+'� M Y � , ' +R' ,4 P<�{�1; yL ^• f v _, 1 x•"11 4 r ti ° 1 /. ' xtie►�dQ.;, ar tote: araaa►rt ;intY ' :r'• t'.a?.•a�1,1 jb -d •! .� r•- _ 4- - •, - 1l 1 II la• . • ,• :• s -a f:_ I' 4 Y �•- \ a ,•y • =. • • t 1 _SY, it; • • r -J • • t• 4 a stelk si 1 .• _JiriS.Pe-a4tP)det 13/4iiiiblet 4. tit. 1 •1 - 7 t 1 ; , ••• VY 1 .5 _ fry • •1 • 1 •• 11 tr Y• I 1st - ,0 g to � ,• , .r+ - • 1# 1 i• .rY�1�'"r l !1 �, ' `o• . ° :a>N► v p ai*t ' ot` °i` iFe- -art . - 'I' I - t i rL •r. - etlf'4 �,�.- _ ,,JJjy'1•.P`r•lt�r +••• tP ' 4 9 ` 1 •, ♦ ',. •r1l t4d 4 i •a"1'•labr �Y r -.I • 4 r• - , 1.{_ - 4 ' - ill • �1i•_•,G\J f`-1 rti #wry 1 • _ _ '4.�- 1'Taaid 'party - • the •. r�T 'M for l 14 oltt• i n kait Y••r� # '�. . I 1.• • u t` 4- , 11 .. 4 • SKID, Inc. Si{L14073 WE 3140302-1861.001 CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES Land Title Order No.: Milton Reservoir Section 10 The Land Title Guarantee Company TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. Legal Description: All that part of Section 10, Township 3 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described on page 6 of Quit Claim Deed recorded December 11, 1914 in Book 406 at Page 282 and the Decree recorded May 31, 1910 in book 327 at Pge 436. (Parcel No. 121310000008) CONVEYANCES (if none appear, so state) : Book 327 Page 436 Book 406 Page 282 Reception No. 2052204 Page 1111 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 3rd day of March, 2017 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY By: f Wendy 4J1L Title Examiner "Wfl 371 Dor- NOW THERF.FQRE' , At the request of the E. L. Arklns the beneficiary named in said Deed of Trust and the legal holder of the indebtedness setn red by said Deed of Trust, and in consider- ation of the premises, and in the further considerar,ion of the sum of Two Dollars, to ms in h!xrD paid by the said T. A. !knob the receipt whereof is hereby acknowledged, 1, P. W. A7.•lon as the Public Trustee in ssfid Weld County, do hereby remise, release "send quit -chin unto him the paid T. A. Balch and his heirs and assigns forever, all the right, title and interest which I have in wad to the said real estate, as such Public Trustee,_ in said Deed of Trust mentione-sd,, And more particularly described as follows., tiwit: The South half (a ) of Seatiort Twenty (20). Township Five (5) NOrth. range sixty six (66) West of the 6th P.M. Weld County C'olomdo except eighteen and four --tenths (la -4/10) acres more or less, lying on the north side of certain din in the north east corner of the Southeast of srn.icl Section twenty (20); togotbsr with waster rights evidenced by twelve (12) shares of the capital stock of the Greeley and' LOveletnA Irrigation Co, also two reservoir rights in the Ln gland and Greetey.reservoir evidenced by contract # alno four (4) shares of the capital stock of The Seven Likes Res€,rvoir' Co any together with rights to the use of water for irrigating said premises however same may he evidFn Zed and together with any and all lateral rights of any kind or nature situate , lying and being in the County of Weld and State of Colorado. TO RAVE AND TO HOLD THE SAME, Together with all and singular the privileges and appurtenances unto the said T. A. Balch , his heirs 'and assigns, forever. And further, tint the Said Trust Deed i e , by these presents, to be considered as fully and absolutely released, cancelled and forever discharged WITNESS my hand and seal this 28 day of May A. D. 1910 Cancelled note exhibited P. W. Allen. r Mr. P l ea s e having As VV. Allen as the Public Trustee in said e ice cute this release, the indebtedness been fully paid. STATE OF COLORADO ) )SS COUNTY OF WELD P, W. Allen (SEAL) the Public Trustee in said Weld County. Weld County: secured by the_ above —mentioned Deed of Trust E. L. Arki•ns . The Beneficiary reared in said deed of trust and legal holder of the indebtedness a secured by said deed of trust I, Charles D. Todd a Notary Public in and for said county, in the State aforesaid, do hereby certify that F. W. Allen as Public Trustee in said Weld County, who is per— sonally known to me to be the person ?MOSS name is subscribed to the foregoing Deed, appeared before ne this- day in person, and acknowledged that he 9igrned, sanded and delivered the said instrument of writing as his free and voluntary e1ct and deed, for the uses and purposes therein specified. Given under my land and notarial seal, this 2B day of May A. D. 1910. My Nd.tarial commiseinri expires Jany 15, 1911. Charles D. Todd, Notary Public. NO 155, O03 ..ir.9 r.4.,ifr DV nNa LnaR1OK. Filed for record n.t 2;20 o'clock P. M., 'May 2$, 1910. A. J. LUther, Recorder . x ' xx xx xxxx xixxxx){Xxx klO0:' : CX C X .'r 'a !0a►' STATE OF COLORADO ) )SS COUNTY OF WELD ) IN THE DISTRICT COURT. No 2336. The Farmers Reservoir and Irrigation Company, A Corporation, Petitioner V. Charles D. Howard, and Alvin L. Jessup, Respondents. And now on this day, this cause again coming on petitioner, by Milton Smith, Merles R. Brook, W. W. and 'now, on the motion of counsel for Petitioner, it that the following rule be entered in the minutes of law, t o -wit ; DECREE for further proceedings herein, comes the Platt, and W. H. Ferguson, its attorneys; is ordered, adjudged and de cred , by the Court, this Court, in this bahalf, , au provided by SKLD, Inc. SKL14073 WE 156016-1910.001 . 43'7 WHEREAS, the amid The Farmers Reservoir & Irr.ig t ion Company, a Corpo rat. ion, did on the 9th day Of December, A. D. , 1909, file its petition heroin, asking Meet it be permitted to -teem condemn and have end u9e, for a tesereoir and ditch purposes, as set forth in its said petition, the tracts and parcels of land described in said petition, and particularly set forth in i tho verdict or the Commissioners hereinafter recited; and- . WH n`EAS, and on) to.mlt, the 10 ti day of Wsy, 1910, no demand for a jury having been filed by either of the asiA Respondents, the Court did, on motion of the Petitioner, appoint Messrs. P. P. Purcell , R. M. Arbuckle, and Christian Mosier, the same being free -holders of the county of Ikreld, as e Board of tonunisaione..rse ark whereas James J. Purcell , also a freeholder of Weld County, 'as subsequently appointed in place of said J. J. Purcell to ascertain, appraise and determine the damesee and comp nastion to be allowed to the Respondents, for .their interests in the said tract or parcels of land proposed to be taken for damage, for the pur-poses allowed in the petition; and -- WHEREAS', in the order of appointing sai-d Commissioners, the 24th day of -May, A. D. 1910, was set as the time for the first meeting of said Commissioners, at the office of P. p. Purcell, at Greeley, Colorado; and - WHEREAS, the said commissioners did, upon the 24th day of May A. 0. 1910 meet at the office of P.. F. Purcell, at Greeley, Colorado, and before entering upon the duties of their office, did take an oath to faithfully and impartially •discharge their duties as said Commissioners, .which oath ba s been filed with the Clerk of this court; and - WHEREAS, the said Commissioners did then proceed to take the proofs and allegations of the parties, and di then view the premises , and did then return into Court their verdict herein; which :verdict •is in words and figures, as follows, to -wit :- STATE OF COLORADO COUNTY OF WELD ) )ss IN THE DISTRICT COURT. No 2336 The Farmer.' s Reservoir and Irrigation Company a Corporation, Petitioner, v. Charles D. Howard , and Alvin L. Jessup, Respondents . REPORT OF COMCtSSIONERS. We, the undersigned, Commissioners appointed by the Court to ascertain, determine the damages, compensation and award to. be allowed to the persons interested in the real estate or property desired to be taken in the above entitled action, for the purpo ee a alleged in the Petition in said action, to --wit, for reservoir and ditch purposes, do hereby certify: That, pursuant to the order of the Court made in such cause, our first meeting was held at Greeley, Colorado, on the 24th day of May, 1910, at the hour of 10 o'clock , A. , at the office of P. P. Purcell; that before entering upon the duties of our office, we took an oath to faithfully and impartially discharge our duties, as suoh Commissioners; that we have heard the proofs and allegations of the parties, as to the value of the premises sought to be taken in this proceeding, and as to the damage to the reeidne• •;. of the lands not taken, caused by the construction of said reservoir; that we have, without fear, favor or partiprlity, ascertained the compensation proper to be Twee to the above named respondents for their respective interests in the lands sought to be taken and condemned in this proceeding, as well as all damages to accrue to the residue of the lands owned or claimed by respondents, not taken in this proceeding. i We do hereby rake, subscribe and file with the Clerk of the above naffed Court, this our certificate and ascertainment of compensation and damages. 1. An accurate description of the land taken, is as follows: - Tract A. Beginning eat a point looated on the East end West center line of Section 10, township 3, N. R. 65 W., 385 feet west of the east quarter corner of said Section; thence North 54° 41' West 2755 feet more or less , to a point on the North and south center line of said Section 10, 1555 feet North of the center of said Section 10; thence South 1555 feet an the North and South center line of Section 10 to the center thereof; Thence East along the East and Wes t center line of said Section 10, to the point of beginning; said tract or parcel of land comprising 40.7 acres. Tract B • Commencing at the center of Section 10, township3 North , R. the North and South center line of said Section 10; thence 5. 430 34 S. 318 feet; - " _ rieet4 thence S 0° 40"- E. 380 feet; thence- S. 27° 02) We 73 feet; thence Na. 65 w.; thence North 71° 20' W. 675 feet; 16° 14' E. 175 feet; 65° 16' W. 155 feet; 1555 feet along thence S. thence S. thence N . SKID, Inc. SKL14073 WE 156016-1910.002 438 _s:�— 3 � ' Fl +e r3 i ekade s, r 31 X e' vie 7.411 560.0,r W. 462 feet ; thence N. 680 59D W. 214 feet ;Atheno$ S. 80° 26' W.1193 feet; 650 07.' W. 28U fest; thence S. 76° 23' W. 188 feet; thence S-. 35° 25' E. SS feet; theme S. 54° 351 W. 130 feet; thence -N. 35° 75' W. 80 feet; thence S. 14° 20' W. 350 S. 50° 10' E. 285 feet; thence S. 33° 22' E. 170 feet more or less, to a point on the West center line of said Section 10, 1,020 feet Ee,et of the West Quarter corner of sal 10; thence East or, the East and West center line of said Section 10, to the point of Said tract or parcel of land, containing 40.4 acres.more or less. Tract C. That certain other tract or parcel of ]and desoribed es follows: - a a strip of land 130 feet in width, being on the right of the c e rzt, e r line of the survey quarter of Basal Section 10, Township 3 North, described as follows, towit: thence N. feet; thence Eft st and ci Section begirL cing . 70 feet in width on the left and 60 feet in width of said strip over and across the Northwest R. 65 W., said center line being more particularly Commencing ate point looited in said Northwest quarter of Section 10, Township 3, �d. FL 65 W., and from which the West .lrter corner of said Section bears 8. 10° 001 W. 1090 feet; which point is designated station 0 +00; thence N. 255°25' 156.4 feet to station 1 4.56.4 P.C.; thence by a 12° curve to the right 290.3 feet to station 4446. j P.T.; thence N. 0° 01' E. 907.9 feat to Station 13f54.6 P.C.; thence b1 S 0° 09' curve to the left 445 feet to station 17 •99,6. P..T.; thenoe N. K9° 41' W. 102.9 feet to station 194,0)2.5 p.n.; thence by a 16° ourve to the right 3,713.4 feet to station 22 x.9. P.D.; a point on the West line of said Section 10, 140 feet S. of the Northwest corner of said Section 10; said tract or parcel of land containing 6.152 acres more or less. 2 That the value of the property actually taken,• belonging to the Respondent, Charles D., Howard, the same being his interest in and to the tract hereinabove described as Tract A; is $101.75. That the value of the land or property actually taken, belonging to the Respondent, Alvin L. Jessup, the same being his interest in and to the tracts or po1rcels of land described - as Tructs B. and C. hereinabove, is $ 188.88. 3 That the damage to the residue of the lands or property of the Reepondent, Charles D. froward not taken, is $25 That the dtrsgos to the reeidte_of the lends or property of the Respondent, Alvin L. Jessup, not taken , is x,100. 4 That the value of the benefit to the lands or property of the Raepon ent, Charles D. Howard , t None That the value of the benefit to the lands or property of the Ae spe.ndent , Alvin L. Jessup, is 5 the Dated at Greeley, Colozado; this 24 day of Nay, A. D. 1910. Sd Christian Moser e d J. J. PUrcell Sd H. M. Arbuckle is And it also appearing to the Court, that from the sworn petition in this Case, one of the Respondents, Charles D. Howard, was not a resident of the State of Colorado at the time of the institution of this action; and that the said Alvin L. Jessup , the other Respondent in this action, was urable to agree as to the compensation to be paid by the petitioner to the said Respondent, Jessup, and as to the compensation to be paid by petitioner to said respondent, for his interest in the Land taken and the damages to the residue as allowed in the said petition; and it further appearing that the sum of $ 126.75 has been deposited with the Clerk of this court, as compensation, and damages to be paid to the Respondent, Charles D, Howard; and the further sum of 28S.8S` , as compensation and damages for the Respondent, Alvin L. Jessup, has been deposited with the Clerk of this Court, the same being the respective amounts of the compensation and damages aforesaid, found Red certified by said Commissioners in the said verdict; and that the further sum of $ 30.95, taxed as ell costs herein, has also been paid to the said Clerk; NOW THEREFORE, by virtue of the mid proceedings in said Court, and the verdict of said Commissioners' in the premises, and the payment into Court of. the said sum of $ 415.63 the total compensation and damages awarded by said Commissioners, together with costs as aforesaid; and by virtue of the Statute ins such oases made and provided; it is further ordered, adjudged, and decreed, by the Court, that the said the Farmer's Reservoir end Irrigation 0onpeny, a Corpore tion, the Petitioner herein, be and .it is hereby seized in foe of all the lams, rert.1 estate and eleims, described in the verdict Of the Commissioners herein; and all interests of the said Respondents, Charles D. Howard and Alvin L. Jessup, together with all and singular the appurtenances and privileges thereunto appertaining; TO HAVE AND TO "HOLD the same for the uses and purposes set forth and specified in said petition; towit, Tracts A. and B ., as above described, for reservoir purposes; and Tract C. for Ditch purposes; forever, an provided by la.w. It_ is further ordered by the Court, that the mid petitioner be., and it Is hereby discharged from any and all claims for damages, by reason of any matter specified in the said petition. SKID, Inc. SKL14073 WE 156016-1910.003 439 —Lisa la Dated at Greeley, Coloia do, this 24th day of May, 1910 By the COurt Sd Harry P. Gamble, Judge STATE OF COLORADO COUNTY OF WELD ) ) SS I, Frank Madden, Clerk of the District Court in and for the aforesaid County and St Ate ; do hereby certify that the within and f oregoi-ng is a full, true and correct copy of Decree of Court in the Matter of The Farmers Reservoir and Irrigation Company, a Corporation, versus Charles D. Howard,' and Alvin L. Jessup made from the original paper. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal. at my office in Greeley, in said County and State, this 24th day of May A. D. 191O. Fm nk Madden Clerk of District Court, 11)61d County, 0olorado By Elbert G. English, Deput NO. 156, 016 Filed for record at 94° o'clock A. 1W., May 51, 1910, XXEDDOOOODOCOC YV GOMPnKso ®vim AND LARRICM. STATE OF COLORADO ) )8S COUNTY OF WELD ) IN THE DISTRICT COURT. Union Pacific Railroad Company, a Corporation Petitioner , Vi Charles R. Koenig, a Minor, and Emma, J oenig as .Guardian of the Estate of said Charles R. goen1g, Respondents. A. J. Luther, recorder. XXXXXXXXXXXXXXXICXXXXXXXXX Land Commissioners No 1O495. Now on this 23rd day of May, A. D. 1910, the same being one of the regular juridical days of the May, 1910, term of the District Court within and Tor the County of Weld, State of Colorado, this cause coming on to be heard upon the motion of Union Pacific Railroad Company, 'petitioner in the above entitled cause, for final order and. decree, Conveying the title and ownership of the 7Temises described- in the petition in condemnation herein, and soughtiv y these proceedings to be conelomned, which premises are hereinafter more specifically desef.ibed , from the respondents owning the isms or having any interest therein, to Union AThific Railroad Company, petitioner; andit appearing to the Court, and the Court so finding FIRST ; That petitioner, Union Pacific AAilroad Company, is entitled to condemn, for the uses and purposes set forth in its petition in condemnation herein, all and every part: of those certain premises described in said petition in condemnation as aforesaid, and hereinafter specifically described; and, SECOND: That the resp.nndent Emma lCoenig is the duly qualified and acting guardian of the Estate of the respondent aherles R. Koenig, a Minor, and has heretofore in the above entitled proceeding bean duly appointed :guardian ed liters to reprssent and protaot the interest of said Chal es R. Koenig in and to the premises eA≥ght herein to bee condensed; and THIRD: That the maid Charles R. Koenig , a minor, and the said Emma Koeflig as guardian of the Estate of said Charles R. Koenig 4 :and Eimna Koenig as guardian ad litem for said Charles R. Koenig , have herejofore, by Joseph C. Ewing and William R. Kelly, the attorneys for them and each of them, entered their appearances in the sbove entitled cause; and, FOURTH: That a Board of Commissioners has heretofore been duly appointed 'to appraise .the value of the premises sought to be taken in this action, the darrageo, if any, to the residues' and the amount and value of the benefits, if any, to the residue; that such Board of Commissioners hiss duly made its ascertainment and assessment, and certified rind filed its report as required by law; that the amount awarded therein for the premises herein sought to be taken, the damages to the residue thereof, less they •rtrnount end value of the burnout to the residue, is the sum of two thousand three hundred eighty seven end 50/1.00 ( 2,36'1.50) dollars; that this Court, upon the appliceition of the petitioner, Union PAcific ' F ilromd Company , by its attorneys, and the respondents Charles B. Koenig, Erne Koenig as guardian of the Estate of Charles R. Koenig, and Este. Koenig as guardian ad litem for said Cherie n R. Jtoeriig, by theirattorneys,- has approv- ed and confirmed the report of said Commissioners; and, SKID, Inc. SKIJ14073 WE 156016-1910.004 r I one-half interest in e.id property to said survivor and the other half to the issue of said deceased child. In case said child should' die without issue, then said trustee orhie successor shall convey the whole of said property to said surviving child. In .oese both of said ' ohildro&. should die without issue prior to attaining majority,: then said conveyance shall be made to the following persons in order, first to first party if he be living, if he be not "'living; then to his wife Rachel E.Eaton if she be living, if she be not living then to said George L Jones himself, and iyf he be not living, then to any surviving children of first party, share and share alike. In ease said George L. Jones, trustee as aforesaid, should die, resign or be removed prior to the Complete execution of this trust, then in such case a eueoessor in trust i shall be appointed in the following manner; if first party be living he may by instrument in writing duly signed and acknowledged appoint a new trustee, if he he noir, living and his wife Rachel E.Eaton be living she may appoint a tru13teein like canner, iY neither be living at the time when any vacancy occurs then on petition filed in the District Court, said court as a court' of chancery -may appoint a "trustee. Such power of appointment may be exercisers so often as may be necessary to the execution of the trust, and when any new trustee shall be so appointed all the power and the title hereby conveyed to the original trustee shall vest in him, in trust, for the purposes herein provided. IN WITNESS WHEREOF, The said party of the first part has hereunto set his hand and seal the day and year first above written. STATE OP COLORADO a • COUNTY OF WELD • 98 .:.Aaron S.aton ( SEAL) I, Charles D Todd a notary public in and for said county, in the state aforesaid, do hereby certify that Aaron S. Eaton who is personally known to me to be the person whose name is subeeribed to the annexed deed, appeared before .me this day in person and aeknowloc!ged that they signed, sealed and delivered the said instrument of writing as tr free and voluntary act,- for the uses and purposes therein act forth. Given under my hand and notarial seal this 5th day of July A.D. 1905. My commission expires October 3rd 1906. O:dnarl.ea 0 Todd No. 206150 ereeeemegraratirrigirrgiRIVItta Filed for record at 9 a' clock A: M. , Dec 11', 1914, • Notary Public. • J E Snook Recorder. W H Delbridge Deputy. X*XXXXXXZX]TMXX XXXxXXxxu'X3 n xxx xxxxxxaXXx. xxXXXX;xxxx XXKXXXXZXZXXXXXXXXXXXXXXXXX ) ].xx X: Y • QUIT - • CLAIM F 'DEED. `i THIS DEED, Made this fourteenth day of August in the year of our Lord one thousand nine hundred and thirteen BETWEEN THE HUDSON LAND COMPANY, a corporation duly organized and existing under end by virtue of the laws of the State of Colorado, of the first part,- and THE FARMERS RESERVOIR -AND IRRIGATION COMPANY, a corporation duly organized and existing under and by virtue of the laws of the State' of Colorado, of the second part, WITNESSETH, That the said party of the fzrct part, for . and in consideration of the sum of One and 00/100 Dollars (01.00) and other good and valuable considerations to the said party of the first part in hand paid by the said party of the second part, the receipt whereof ie hereby confessed and acknowledged, has remised, released, sold, oenveyed And QUIT-MAi ,UED, and by these'presents does. remise, release, sell, convey and QUIT -CLAIM unto the said party of the second pert, its suoeessors and asoigne forever, all the right, title, interest, claim and demand which the said party of the first part has in and to the following described real estate situate, lying and being in the County of Weld and State of Colorado, to -wit: A strip of land for the BEEBE CANAL through, upon, over and across Section Thirtycno (31) , Township One (I) North, Range Silty -five (65) West; saidstrip of land being Seventy- five (75) feet wide and extending Thirty --seven and One Half (37k) feet right and Thirty-seven and One Half (37 ) feet left of the centerline of the said BEEBE CANAL, as actually construct- ed, and contains Nine and Seventy-three One Hundredths (9.73) acres. ' °Said center line intersects the boundary line between said Section Thirty-five ( 35) and Section Six (6). Township One (1) South, Range Sixty-five (65) lest, Twenty-one Hundred and SKLD, Inc. SF14073 WE 208151-1914.001 283 Sixty-nine (2169) feet East of the Southwest (SW1 corner of said Section Thirty --one (31) , which point is Station 203;34 of the survey of the said BEEBE CANAL, and which said center line intersects the boundary line between swig Section Thirtyone (31) and Section Thirty (30), eadO Township and Range, Six Hundred and. Fourteen (614)' feet East of the Quarter corner (ammon to said Sections Thirty-one (31) and Thirty (30) , Widen point is Station 259t97 of the aurvoy of the said BEEBE CANAL. L• ALSO,- a strip of land for tie BEEBE CANAL through, upon, over anci tscross the Southeast quarter (SEA#,) or Section 'thirty (30) , Township One (1) North, Range Sixty-five (65) West; said strip of land being Seventrrive (7'5) feet wide and extending 1Thirtrseven and 10114 -Half (37) feet r*ht end Thirty-seven and -One -Ralf (-37';x) feet .left of the center line of the said BEEBE CANAL, as actually constructed, and contains Five and Thirty-one One Hundredths' (5.31) acres. r., Said center line intersects the boundary J ne between said Section Thirty (30), and Section Thirty-one (31), samo Township andTangle, Six Hundred and Fourteen (614) feet East 'of the Quarter corner common to said Sections- Thirty .(3O) and Thix't ,cone (31) , which point is Station 259t97 of the survey of the said BEEBE CANAL, and which said center line inter — seats the boundary line between the Northeast Quarter (NE -) of aald Section Thirty (30) and the Southeast Quarter (SED of said( Section Thirty (30) Five nndred and Ninety (590).' feet West of the Quarter corner common to said Section Thirty (30,) and Section Twenty-nine (29) , same Township and Range, which point is Station 290160 of the survey of the said BEFBE; CANAL. ALSO; a otrip of land for the BEEBE CANALthrough, upon, over and across the Northeast Quarter (NW4) of Sbction Twenty (20) , Township One (1) Northi Ranks Sixty -fie (65) West. From Station 355117 to Station 36500 said strip of land is Seventy-five (751 root wigs extending Thirty-seven and Ong Half (37) feetright ltd Thirty-seven and One Half/(370 feet left of the center line of the BEE Qom, as actually constructed; rrac Station 365:00 to Station. 370r00" said strip of land is Ninety (90) feet wide, ext nding Forty-five (45) teat right and Forty-five (45) feet left of thee center line of the said BEEBE CANAL, to actually constructed; from Station 370.00 to Station 3gSTO6 said strip of land is Eighty (SO) feet wide, extending Fbrty (40)- feet right and Forty (40) feet left of the center line of the said BEEBE CANAL', as actually constructed.' Said entire(strip of land contains Five and Fifty-five One HUndredths (5.55) acres. Said center lone .intersecte tfe boundary line between the Rortnesst Quarter (Na)B: of Section Twenty (20) and the Northwest Quarter (NW) of Section Twenty (20), all in Township One (1) HOrth, Range Sixty-five (65) n West Twenty-t&ur Hundred (2400) feet South of the Quarter corner common to said SectionTwenty (20) and Section Seventeen (17) ,_ same Township and Range and is Station 355t17 of the eurtey of the said BEEBE CANAL, and which said center line intersects the boundary line between said Section Twenty 20) and Section Seventeen (17) , same Tbenship and Range, Eight Hundred and Eleven (611) feet West of the corner common to . -Sections Sixteen (16) , Seventeen (17) , Twenty (20) and Twenty—one (21) , all in Township.One One (1) North, Range Sixty-five (65) West, and is Station 365t63 of the survey of the said BEEBE CANAL. • ALSO, A strip of land for the BEEBE CANAL through, upon; over and across the Southwest Qua ter (SEA) of Sutton Seventeen (17) , Township One (l) North, Pango Sixty -fife (65) . Weet, Prom Station 385.63 to Station 396;00 said £trip of land is Seventy-five (75) feet wide, extending thirty-seven and On. Ralf (37) feet right and Thirty-seven and One Ralf (37k) feet left of the 06ntcr line of the BEEBE CANAL, as actually constructed; from .Station= 396t00 t6 Station 401t00 said strip of land is One Hundred (100) feet wide; extending Fi f yr•: (5O) feet right and Fifty. (50) feet left of the center line of the said BEEBE CANAL, - as actually, constructed; from Station .401100 to Station 408760 'said strip of land i.e ' Seventyr- five (75) feet wide, extending Thirty-seven and One Half (37k) feel right and Thirty-seven hnd'one Ralf (37) -feat left of the center line' of the said BEEBE CANAL, as actually construated. Said entire strip of land contains Four 'and Nine One Hundredths (4.09) aeree. Said center line intersects the boundary line between said Seotion Seventeen (17) and Seotlon• Twenty (20) , same Township and Range, Eight Hundred and Eleven (511) feet West of the corner common -4 Sections Sixteen (16) , Seventeen (17) , Twenty (20) ,- anent yone (21), all in Township One (1) North, Range Siety`fi.vo (65). (West, which point is gteti.on 383e63 of the survey of the said BEEBE-CANAL, and which said center line intersects the boundary,, line between said Section Seventeen (17) and Section Sixteen (l6), same Township and Range, Twenty-one Sundred and(Forty (2140)x- foot North of the corner common tc Sections Sixteens -0 0 (16) , Seventeen (17) , Twenty (20) and -Twenty-one (211, To netip One (1) North, Pangs Sixty., five (65) West, which point is Station . C6tetO df the survey of the said BEF E CANAbs ALSO, a strip of land for the BEEBE CANAL through, upon, over and across Section Nine (9) , Township One (1) North, Range Si,xtyefiv'e (65) West; said strip of land being Seventfive (75) feet wide end extending 4111141y -seven and One mkt* (37i) feet right and Thirty-seven and One Half (31) foot left of the(center line of the esid BEEdE CANAL, as adti ally constructed, and contains Nine and Forty-tdree One Hundredths (9.43) sores. Said ►center (fine intereecta the boundary Sixteen (16) , sane Township and Range, Sixteen corder common to Sections Right (S), Nine (9) , Township One (1) North, Range Sixty-five (65) survey of the said BEEBE CANAL, and which sai between said Section Nine (9) and Section Four and Thirty-two -(332)feet East { of theQuarter corner common to said Sections four (4) wad line between said Section Nine (9) and Section Hundred and Sixty (1660) feet East of the Sixteen O).) end Seventeen (17) , all in West„ !hide ppint' is Station/146752 of the Cl center -line intersects the boundary line - (4), same Township and .mange, Three Hundred SKLD, Inc. SKL14073 WE 208151-1914.002 284 Nike (9), -and which point is Station 500121 of the survey of the said BEEBE CANAL. - a- ALSO, s strip of land tar the BREBE CANAL through, upon, over and across Section Four (4) Township One (1) North, Range Sixty-five (65) West. From Station 500:21 to Station 504r00 eaid(attrip of land is Seventy-five ,(75) feet wide, extending Thirty-seven and One Half (37i) feat right and Thirty-seven and One Half (37 r) feet left or the center line of the said BEEBE CANAL, as actually constructed; from Station 5041.00 to Station 528403.3 said strip of land is Seventy (70) feet wide, extending Thirty-five (35) feet right and Thirtyf ive (35) feet left of the center line of the Wai.d BEEBE CANAL, as actually constructed; from Station 52S:03.3 to Station 554;70 said strip of land is' SovOntref'ive (75) feet wide, extending Thirty-seven and One Half (37) feet right. and Thirty-seven and One half (3') rest lett of the/center line of the said BFERE CANAL, as actually constructed. Said entire strip of land contains Nine and One Tenth (9.1) .acres. Said center line intersects the boundary line between said Section Four (4) and Section Wine (9), Three Hundred and Thirty-two (332) feet East of the Quarter corner-- ooimon to said Section Pour 4) and Section Nine (9), same Township and Range, which point ie Station 500121 .of the survey of the said BEEBE CANAL, andwhich said center line intersects; the boundary line between said Section Four (4) and Section Thirty-three (33) , Township Two- (2) North, Range Sixty five (65) West, Four Eundrod and Eighty-five (405) feet East of the quarter corner come:on to said Suction Four (4) and said Section Thirty-three (33), which point is Station 554s70 of the survey of the said BEEBE $JANAL. ALSO, a strip of land for, the BEEBE CANAL through. upon, .over and across the .West Half ( ) of the East Half (8;4) of Seotien' Thirtyethree (33), Township Two (2) North, Range Sixty -rive (65) ti sot. From Station 554r70 to Station 561t 00 amid strip -pf land is Seventy" flvp (75) feet wide, extending Thirty-seven and One Half (57D feet right -and Thin esevan and One Half (37k) feet left of the center line ,of the said BEEBE CANAL, as actually constructed; from Station 561000 to Station 60000 said strip of land is Sixty -f iye (65) feet widen extending Thirty two and One Reif (3 20 feet right end Thirty-two- and Ono Half (3e) feet left of the center line of thetsaid BEEBE CANAL, -e.e actually constructed; from Station 600800 to Station 607005 said strip .of land is Seventy-five (75) feet wide, extending Thirty-seven and One Half (37•x) feet right and Thirty-seven end One Half (37' ) ,feet left of the center line of the said BEEBE CANAL, as actually. constructed. Said entire strip of land contains Eight and One One -Hundredth acres. Said center line intersects the boundary line between said Section Thirty-three (33) and Section Pour (4), Township One (1) North, Range Sixty-five (65) West Four Hundred and Eighty-five (485) feet East of the quarter corner common to said Section Thirtythrei (33) and Section Four (4) , which point is Station 554170 of the euelvey of the said BEEBE CANAL and which said center lino intersects tho boundary I ne, between said Section Thirty-three (33) e.n,i Section 'wenty-eight (20, awe Vownehip, and Range, Four Hundred end Ninety (490) feet East pf the Quarter odrner common to seidr Suction Thirtyethree (33) and said Section Twenty- eight (28), which .point is St tior6O7T05 of the survey of the BEEBE CANAL. ( ALSO, A strip of land for the BERBE CANAL (14) of Section Twenty-one (21) , Townehip Two Station 66.1130. -to Station 65100 said strip of extending Thirty-seven and Ono Half (3 7) feet feet left of the center line of the said BEE 681;00 to Station. 607 ►0O said strip of land is extending Pifty-two and One Half (52i) feet rig of the center line of the said BEEBE CANAL, as to Station 711t1E5 said otrip ot.land is Ninety right and Forty-five (45) _feet left of the pent constructed. Said entire strip of land oontains acres. ( through, upon,.over over and across the East Half 2) North, Range Sixty-five (65) West. From land ie Seventy-five (75) feet wide, right and Thirty-eeve4 and One Heif (3%), OANA'b, as actually constructed; from Station One HUndred and Five (105) feet wide, ht and Fifty --two and Qne Half (52 11) feeteleft aotuellytconstructed; from Station -687;00 (90.) feet wide, extending Forty-five (45) feet er line of the said BEEBE CANAL, as(actually Nine and Eighty-three One (Hundredths (9.83) Said center line intersecte the boundary line between eeid Section Twenty-one (21) and Section Tweet aught (as), scare Township and Range, Nine Hundred end Forty-seven and Six Tenths (947.6) feet :Meet of the corner common to Sections Twenty-one (21), Twenty-two (22), Twenty-euven (27) and Twenty-eight ( ),f all in Township Two (2) North, Range Sixty -rite (6 5) West, which point is Station 661.30 of the survey of the. said BEEBE CANAL, and which said center line intersects the ;boundary.line between said Section Twenty-one. (21) end Section Twentr two(22), name Township and Range, Ten Hundred and Ttventriseven (1027) feet South of the corner common to Sections Fifteen ,(1.5) , Sixteen (l6) , Twenty-one (r21) and Twenty-two f22), all in Township Two (2) North, Range Sixty-five (65) West, which point is Station 7111.1S of the survey of the said BEEBE CANAL. SO, "# strip of land for the BEEBE CANAL thr'oul t, eupon, over end across the Southeast Quarter (114). of the Southwest quarter (Sre) and the Beet Balf(W) ,of the Southwest Quarter (SWO. of the BoUtheast quarter (6114), of action Trent s wo (22) , Township Three (3) North, Range Sixty-five (65) West; said etrtp of land is Seventy (70) feet wide, extending Thirty*, five (35) feet right and Thirty-five (35) feet left of the center line of the BEEBE CANAL, as actually ool(atrueted, and contains One and Ninety-six One Hundredthe (1.96) acres. I Said center line intersects 1the boundary Jane between said Bastion Twenty-two '(".22) and Section enty-seven (27), same Township and tangs, .Ten (10) feet West of the Quarter corner, common to said Section Twenty-two (') and sari. Section Twenty*eeven (27), which point is Station 992+90.5 of the our*Prey of the said BEEBE CANAL,() and which said center line intersects the .flow line of Milton Lake Reservoir "in the Southeast quert(er (SEA) of the Southwest Quarter (S{ ) of said Section Twenty two (22) , Ten (10) feet West and Twelve Eunchred SKLD, Inc. SKL14073 WE 206151-1914.003 285 and Nineteen and Five Tenths (1219.5) feet North of the 'Quarter corner common to said Section Twenty-two (22) and said Section Twenty-seven (27) , which point is Station 1005r10 of the survey of the said SEEBE CANAL. ALSO, a strip of lend for the GILMORE CANAL through=:, upon, over and across the Southeast quarter (S) and. the Southeast darter (s) of the Northeast Quarter (NE:) of Section Twont,yreix (26), Township Four (4) .firth, Range Sixtrfive (65) West, said strip of land being Nimetyytbree (93) feet wideand extending Forty-three (43) feet right and Fifty (50) feet left of the center line of the GILMORE CANAL, as actually constructed, end contains Nine and Eightyrone One Hundredths (9.81) acres. Said center line intersects the boundary line between said Section Twentyrsix (26) and Section ' hirtyr-rive (35) , same Township and Range, Seven Hundred {700} feet West of the corner common to Sections Twentrfive (25) , Twenty-six (26), Thirty-five (35) and Phirtr six (36) , in Township Four (d) North, Range Sitty-five (65) West, and is Station 176:04 of the survey of the said GILMORE CANAL, and which said center line intersects the boundary line between said Section Twent:rsix (26) and Section Twenty-five (25) , same Township and `Range, Eighteen Hundred and Twenty-eight (1828) feet: South of the corner common to said Sections Twenty-three (23) , Twentyfour (24) , 'Twenty-five (25) and Twent-yy-six (26) , Township Four (4) North, Range Sixty-five (65) West, Which point is Station 2221'07 of the survey of the said GILMORE CANATi. , ALSO, a strip of land for the GILMORE CANAL through, upon, over and across the North- east Quarter (NEM of the Northeast tQu.arter (NE4) of the Northeast quarter (1444:), of Section Twenty -sic (26), ToWnehip Four (4) North, Range 'Sixty-five (65) West, said Strip of land being Ninety-three (93) feet wide, extending Forty-three (43) feet right and Fifty (50) feet left of the center line of the GILMORE OANAL, se sotually conetruotod, end contains One and Twenty-two One Hundredths (1.22). sores. ` • Said center line intersects the boundary line between said Section Twenty-six (26) `end said Se otton Twenty' -five (25),, same Township and Range, Pour Hundred and Fifty-eight (45 3) feet South of the corner common to Sections Twentysthree (23) , Twenty-four -(24) , Twenty-five (25) and Twenty-six (26) , all in Township Four (4) North, Range Sixty-five (65) West, which point ie Station 24.01'70 of the survey of the said GILMORE CANAL, and which said center line intersects the boundary line between said Section Twenty-six (26) and Section Twentysthree (23) , same Township and Range, Two Hundred and Sixtys seven (267) feet West of the corner common to Sections Twentysthree (23), Twenty* -four (24) , twenty-five (25). end Twenty-six (26), tall in Township Foir (4) North, Range Sixty-five (65) West, which :point is Station R46t45 of the survey of the said GILMORE CANAL. f ALSO, a strip of.land for the SPEER CANAL through, upon, over end sorose the West Half (r) of Section Twenty-five (25) , Township One (1) North, Range Sixty-six (66) West, said strip of land being Ninety (90) feet wide, extending Fifty (50) feet right and Forty (40) feet left of the center line of the SPEER CANAL, as actually constructed, and contains Twelve and Nineteen One Hundredths (12,.19) aeries. Said center tine intersects the boundary line between said Section Twenty-five (25) and Seotian Thirty-six (36), 'stems Township and,Range, Range, Seven Hundred and Fifty (750) feet East of the earner common to Sections Twentrfive (25) , Twontrsix- (26) , Thirty Live (35) and Thirty six (36), all in Township One (1) Worth, Range Sixty-six.(66) (66) West, which point is Station 2821'70 of'the survey of the said SPEER CANAL, and which said center line intersects the boundary line between said Section Twenty-five (25) and aaid Section Twenty-four (24)w game Township and Range, Eighteen Hundred and Thirty and Five Tenths (1830.5) feet East of the corner common to Sections Twenty-three (23) , Twenty-four (24), Twent rive ( R5) and Twentyreix (26) , all in Township One (1) North, Range Sixtyssix (66) Went, which point is Station 3411'57 of the survey of the said SPEER CANAL. a ALSO, a strip of land for the SPEER CANAL through, upon, over and across Section One (1), Township One.(1) (1) North; Range Sixtyssix (66) West, 'said Strip of land being Ninety (90). feet wide, extending Fifty (50) feet right and Forty (40) feet left of the center line of the said SPEER CANAL, as actually constructed, and contains Thirteen end Fifty-eight One Hundredths -(13.55r acres. r Said center line intereeate the boundary line between said Section:One (1) end Section Twelve (12) , same Township sad Range, Twenty four Hundred and Fifteen (:2415) feet East of the corner common to Sections One (1), Two (2) , Eleven Cu) and Twelve (12) , all in Township Orie (1) North, Range Sixty-six (66) West, which point is Station 539t63 of the survey of 'the said SPEER CANAL, and which said center line intersects the boundary line between said Section One (1) and Section Thirty- six (36), Township Two (2) North, Range Sixty-six (66) West, Eight Hundred and. Eighty-four and Two Tenths (884.2) feet East of the corner -common to Sections One (1) and Two (2) , Township One (1) North, Range Sixty --six (66) West end Seatione Thirtrf'ive (35) and Thirty-six (36), Township Two (2) North, Range Sixtyssix (66) Neat, which point is Station 6OEt27.3 of :the survey of the said SPEER CANAL. A ALSO, All that pert of the Northeast Quarter (N ) at Section Twelve (12) ,, Tdwnshlp .One (1) North, Range Sixtyssix (66) 'Fleet, 'and that part of the Northwest Quarter (N'PPk) .of- the Southwest Quarter (8Wt) and that part cif the Southwest Quarter (SW') or 'the Northwest quarter ( Nil,) of Section. Seven (7) , Township One (1) North, Range Sixtyy-five (65) iVeat now covered, or to be covered by•the waters of that certain reservoir known and ailed the Dougan 'Reservoir up to the high water line thereof; also e, right of weay Fifty (50) feet in width outside of said high water line and following the contour . of said water fine around said reservoir widhi said Sections Twelve (12) and Seven (7) aforesaid, said high water line being more } r • SKLD, Inc. SKL14073 WE 208151-1914.004 286 a -__.a ia..� particularl-y shown on that certain ma.' attached to _and made a part of that certain agreement entered into between William A -Wallace, of Weld County, State of Colorado, party of the first pert, and D.H.Dougan and P. V. Carlin, both of the Oity and County of Denver, State of Colorado, parties of the second part, which contract is datsd August 25th, 1905, _and recdrded July 24th, 1909 in Book 261, at Page 406 of the recordo of 'Weld County, : Colorado, said map being Riede a -part of this deed, and to which reference is hereby had for amore partioular description of thepremises hereby conveyed. ALSO, The right of ingress and egress from the County road on_ the North side of said Section Seven (7) to the said reservoir not to exceed Sixteen (16) feet in width along the west aide .oj said. Section Seven (7) provided said road is not to be fended, and gates to be maintained et air times by the party of the second part ( the fFarmere Reservoir end Irrigation Company), auo t gates to. be opened and closed by the parties using the same; also a right of way fqr inlets and outlets to and from said reservoir aoroee -the Southeast Quarter. (SRI) of said &lotion Twelve (12) and all of said Section Seven (7) aforesaid, it being intended to hereby convey and quit —clam ell the land's, property,, rights and privilege's granted to the said D.LDougsn and Pr.14earlin fin and by that certain deed made by William. A lWallaoe, of 'Port bliptoni Weld County, Colorado, dat<ad June Let, 1908, and reoOrded on the. 4th day of June: ,, .A.t'Dc 190S, in the offioc of the County Clerk and Recorder of Wold Couctty, in Book Ho. 27e, Page 517, subject, however, to the reservation in tavor or- the said William A.'Wallace, his heirs and assigns in the said last named deed contained. ALSO, (All that part of the Southeast +quarter (SE4 ,of Section Twelve, ,(12) , Township.. One (1) North, Range' SixtyLsix (66) .West now covered or to be covered by the. waters of that certain Reservoir known and called the " Dougan Reservoir° up to the high water line thereat; also a right of way Fifty ,(50) feet in width outside of said high water line, and following the contour of said water line around said reservoir within said SoutheAst Quarter (SEi) of Section Twelve (12) , said high water line being more particularly shown on that certain map (attached to and made a part of that pertain agreement entered into between William A. Wallace, of Weld Ooynty, State' of Colorado, party of the ,first pert►,, and D.H.Dougan and .P. V. Oarli=n, both of the Oily end .Country of. Denver, State of dolorado, partien of the second part, cchtoh oontract is dated August 25th, 1905, and rocordod July 24th, 1908 in ;Book 281, at Page 406 of the records of Weld County, Colorado, said map being made a part of this deed, and- to which reference. is hereby had: for a more particular description of the premises hereby conveyed. 1( ALSO, All the rlght,title and interest which The Hudson Land. Company ,may have.in in and to the Reservoir, known a&'Dougaan Reservoir", located in Section Seven (7), township One (1) North, Range Sixty-five (65) West and Section Twelve (12) , Township One '(2) North, Range Sixty-six (66) West, and all filings and decrees therefor and any title and interest it may have in and -to the land upon which the st'id Reservoir is located. _. f ALSO, All the right, title and.: interest which The Hudson Land Company may have, in and to the Reservoir, known as tho " Carlin Reaenvoitir", located in Seotion Nineteen (19), Township Two (2) North, Range Sixty-five (65) West, and all water rights, filings and decrees thdref or, and particularly all the rights acquired by virtue of that certain map and statement filed in the office of the State Engineer, on the 31at day ofidarch, A.D. 1905, add designated as ", Map of Carlin Reservoir", to which reference is hereby made for a more particular dedcriptionn of the premises hereby conveyed. ALSO., All the right;, title sat (interest _in and to all rights of way and easements, water rl.ghtB and rights to winter, whether evidenced by filings, decrees or appropriations, title to which was acqu.irred through the following mentioned Deeds; it being expressly under— stood that all waterri.'g.hts represented by stock iT';ditch companies are reserved fro] this conveyance. • Ore'at or Date Date of. Record Book Page County Jasper N.Bowles Jasper N.Bowles Carrie NE -Bowles Jasper K.Bowles & E•L.Bowles Jasper N.Bowles - Jasper N,Bowles ;, fenry L.Bowiee Patrick V.Carltn( National Bank of Commerce in Deaver April 14, 1908 May ,15, 1908 April 141 1908 April 14, 1908 ' April 18, 190E fsept.l5, 1909 April..14, 1906 Me.y 25, ,1908 May 25, 1906 Bowles-BFuffe Irrigated Land OoApril 14,;1906 J. S•Brown-Nov.1,/, 1909 .The thAssiterguson Investment CoO ct. ' 18, 1906 P. 6. flougen..sarx l P. il. Carlin . Juno 27,19OS P. V. Carlin. D. H'.Dou.gan _ June 4,, 190S Jaspers fi.Bl.e© . . April 14, 190S (: Bowlee—Buffe Irrigated Land Co. April 14, 1908 Do April 17, 1909 Jasper N.Bowles . - April 17,, 1906 Bessie B.Foster &John M.Roster June. 25, 1905 May 12,1906 May 18, 1906 _ April 28,1908 230 280 25O 97 11S 397 April 26, 190E =-i2BO �r 31. April 28, 190e pSO 30 Sept.la,1909 311 f 146 April 25, 190e 2S0 32 June 6, 1908 . 260 215 one 6;.908, a. 233 A pril 2S, 190g 233 Deo. 6, ,1909 316 Oct. 21, •l.g _233 July 24, 1908 (263 June 6,_ 1pPS , r 250 April 29, 1908 32 April 29, 1908 35 April 29, 1908 35 April 29, 190e 32 July 1, 190S 33 421 416 66 43S 116. 429 561 31 30 562 315 Weld - Weld Weld Weld Weld Weld Weld Weld Weld Weld Weld Weld Weld Weld Adams Adams Adams Adams Adams SKLD, Inc. SKL14073 WE 206151-1914.005 287 e rr s » r .+<e r - ' e - e:r : ee •; `_ ALSO, all of the right, title and interest of THE DOWN Land Company in and to the water rights appurtenant to the following Reservoirs, FMS evidenced by the filing in the State Engineer's office, or otherwise, as follows: ' Boles Reservoir No. 1, Bowles Reservoir No. 2, Henry Lake, Geneva Lake, Mildred Lake, East Line Reservoir, Clarke Reservoir,' Hudson Reservoir, Meek Reservoir No. 1, Meek Reservoir10. 2, Fester No. 1 Reeervatr, Koster No. 2 Reservoir, Ferguson Reservoir, Carlin Reservoir, Dougan Reservoir, Ourtie Lake, Curtis Seepage Ditch running from the Southwest Quarter (S14)_of Section Fourteen (14) to Section One (1) , Township Ono (1y, South, Range Sixty-six (66) West, excepting Wortrftve (45) inches of water therefrom, Meek Seepage Ditch., together wits any and all other seater rights, ditch' nights or reservoir rights which _The Eudeon Lana1 Company now own°, or title to which The Hudson Land Company may hereafter acquire by reason of any oontract, or °screw now existing. ALSO, All other a aaetr'Sttte. or.. rights of way for ditches, or reservoirs, title to which is now in The Hudson Land Company, or title to 'which The Hudson Land Oompeny may acquire by reae on of any contract, or escrow now existing, provided, however, that in cane cf abandonment of any ditch -or reservoir right of way, or eaeemont for the same, for a period of two consecutive years, the title to said ditch right of gray, or reservoir'riggbt of way, or easement for the same, shall revert to The nucleon Land. Company , its successors' or assigns. ALSO, All that part of the South Half (S;s) of Feftlon Ten (10) , Townsntp Three (3) Korth, Range Sixt;,r rive (65) West, situate, lying and being East of a line drawn parallel to and Fifty (50) foot distant to the right of the following described traverse line: BEGINNING et a point in the East and West center line of said Section Ten (10) , Eleven Hundred'Thirtye fi t (1135) feet East of the West Quarter corner thereof; Thence south 2BA00' East 545 feet; Thence South d7°27' East 190 feet; thence South 16°19' West 160 feet; thence South 17°59' East 300 feet; thenoe South 05°33' Est 260 feet;. thence South 115'1O' West24O' feet; thence South 06°03' West 175 feet; thenoe South 40°14' West 210 feet; thence South 19'55' West 230 feet; thence South 36'01' West 155 feet; thence South 67°51' West 150 feet; thence South B°21' Feet 515 feet; thence South 54'41' West 160 feet; thence South 0S°29' West 195 feet, . . to a point in the South line of said Section Ten (1Q}, Two Hundred Sixty (260) feet Es.st of the -Southwest corner/of said Section Ten (10), � r CONTAINING Two Hundred Sixty and Forty-two Ono -Hundredths (260.42) &ores, which said Two Hundred Sixty and Forty-two One -Hundredths (260.42) aoree constitute a part of what is known as MILTON LAKE Hite. ` ALSO, all that part or the- Soutrfialf(S c) of Section Eleven (11) , Township Three (3). North, Range Sixty-five (65) Viest, situate, lying and being West of a line drawn parallel to and'Fifty (SO) feet d.ietsnt to the pipit of fthe foil oatng described traverse i:rne; BEGINNING at a point in.the South line of said Section Eleven (11) , Twelve Hundred Ninety-seven ( 1297) feet West of the Southeast corner thereof; • ' f thence North 60°51' East 30 feet; thence North 16°Aei' East 671.5 fast; thence North 46°36' East 566.7 feet; thence North '75 °lO' West 1475 fast; thenoe 'dud North 1200 feet, I_ to a point in the East and Wert center fine of said Section Eleven (11) , Trlrent-one Hundred Five (2105) feet West of the East Quarter earner of said Section Eleven (11) , CONTAINING Two Hundred Twenty—six and Seventeen One-Hunldredthee (226.17) acres, which said Two Hundred Twenty-six and Seventeen. One -Hundredths (226.17) sores constitute a part of what is known as MILTON LAKE site. 1 I ALSO„ All that part of the West Ralf (WO of the Southeast Quarter (S'gt',), and all that part of.the Northeast Quarter ,(NHO of Section Fourteen (14)m Township Three (31): North,. Range Sixty-five (65) West, situate, lying and being West or North and West of a line drawn parallel to and Pity (50) feet distant to the might of the following described _traverse line; BEGINNING at a point Four Hundred Twenty (420) feet Ilorth of the South Quarter corner of said Section Fourteen (14); thence North 27"3S' East 153 feet; thence North 00°11' East 200 feet; thence North 21°23' East 265 feet; thence North 01°23' West 555 feet; thence North,25°10' East 250 feet; thence:. South 62°07' East 230 feet; thenoe South 71°44' East 250 feet; thence North 40 °52' East 220 feet; thenoe North 25°01' East 290 feet; thenoe North 400(47' East 240 feet; thenee North 64°31' East 220 feet; thence North 10'57' West 275 feet, y ( a point in the East and West center line of said Section Fourteen (14) Thirteen Hundred. Ninety (17A0) feet West of the East Quarter corner thereof;) thence North 03°56' West 135 feat; thence North 51°55' West 370 feet; thence North 11°41' East 600 feet; thence North 34°13' East 530 feet; thence South 84'51' East 400 feet;thence North 27°39' West 620 feet; thence North 44°55' West 600 feet; thenoe North 09'33' Vest 325 feet; thence North 60°51' East 325 feet; a'point in the North line of said Section Fourteen (14), Twelve Hundred Ninety—seven (1297) feet Wet of the Northeast corner thereof. i I I Y f SKLD, Inc. SKL14073 WE 208151-1914.006 288 CONTAINING One Hundred Ten -and. Sixty-two One -Hundredths sores, which said Ohe Hundred Ten and Sixty-two ONe-Ewidredths (110.62) acres constitute a part of what ie known ae MILTON LAKE site. ALSO, All that part of'Section Section TwentSr-two (22) , Township Three (3) North, Range Sixty- five (65) West, " situate, lying and being Northeast of a line drawn parallel- to and Fifty (50) feet distant to the .right of the rb ,lowsng described travuxse line; ' ASEG1NNING at a point in the North,line ine of said Section Twenty-two. (22) , Nine Hundred Fifty-six and Eight -Tenths (956.$) feet East of the Northwest corner thereof; thence South 2.1°35' East 825 feet; thence South '06' East 370 feet; thence South 22°10' East 525 feet; thence 'South 14`5t' East 605 feet; thence South 24,121 West 530 feet; thence North S2°51' West 263 feet; thecae North 39'22' West 93 feet; thence North 69°30' Woet 440 feet; thence South 14°54' East 3:75 feet; thenoe South 56°43' East 450 feet; thence South 29°32' East 500 feet; thence South 61°34East s60 rest; thence South 56°05' East 721.9 feet; thence North 74"15' East 3485.11feet; thenoe North 54°27' East 405 feet; thence North 43°30' East .44ff ``eett. thence North 47'46' 'East 270 feet; thence North 45°40.e East 2S5 feet; thence South 60°2:94 East 445 feet; thence North 090571 East 445 Met/ thence South 4e 56' 'East 255 feet; thehoe North.54°52' Esac 210 net; thence South 6' East 440 feet; thence South 46°44' Eaat 361 feet, • a point in the East line of said Section twenty-two (22) , Eighteen Hundred Sixty (1860) feet North of the Southeast corner thereof. CONTAINING Three Hundred Twenty-six and'Forty-five gne7Hundredths (326.45) scree, which said Three `Hundred Twenty-six and Foftrfive. One Hundredths- (326.45) acres constitute a part n of whit is known.as as MILTON .LAKE ,site. ) ALSO; the whole of Section Fifteen (15) , Township Three (3) North, Range Sixtr-five (65) West G ALSO, the West Half(W) of Section Fourteen (14) , Township Three (3) North, Range Sixty-five West. ALSO, a i strip of land throth, tx,on, oven and across the Northeast Quarter (N) of Section Fourteen (14) , Township Three (3) North, Range Sixty-five (65) West; said strip of land being Fifty-five (55) feet wide, extending Twenty-five (25) feet right and Thirty (30) feet left ef'the oenter line of tke 1NERE5 CANAL, Which__ Bald center line passes through the points of the folibwing doecribed traverse line, and varies not more than Eight (S) feet from the lines connecting said points, said traverse line being 'described as follows , to -twit: ( -BECITNNING at a point in the line between Sections Thirteen (13) and Fourteen- (14) , Towbehip'Three (3) North, Range Sixty-five (65) West, Four Hundred Fifty-one 7(451) feet North of the Quarter corner between said Sections Thirteen (13) and Fourteen (14), said point being designated as Station 244140; thence North 2.0'03 West 604.7 ,feet to Station 250:50; thence North 40'°26' East 191.6 feet to Station' 25215 ; 4 thence North 17°30f' West 520.3 feet to Station 25$ O0; thence worth 29°04' East 500 fest to Station 0; thence North 07°25' -East 197.4 feet" to Station 265;00; thence North 03°361 . West 454.1 feet to Station 269,53.5, a point in the line between Sections Eleven (11) and Fourteen (14),.One :One Hundred One (101) feet West of the corner to Sections Eleven (11) , Twelve (12), Thirteen (13) and Fourteen (14) , 'township''1'th ee 13) North,( Range Sixty-five (65 ' West. CONTAINING Three and Eighteen One -Hundredths (3.1e) agree. ALSO, a 'strip of land for the WEST BRANCH OP Ten NERES OANAb through, upon, over and aorooS the East Half ( )` of the Southeast Quarter (SF,j) of,Sealtion Eleven (i1) , Township Three (5) North, Pangs sixty-five (65) west, said strip of land being Fifty-five (55) feet wide, extending Twenty-rive..(25) feet right and Thirty (30) feet left of the pointer line of the said. WEST BRAND ! OP THE &EKES CANAL, as actually constructed, and contains Three end Fifty-- three .One -Hundredth® (3.53) acres. Said center line intersects the boundary line between sad 6eetion Eleven (il) 4 and Section Fourteen (14), name :Township and Range, One Hundred One (101) feet West of the Southeast corner bf neic .Se otion Eleven (ii) , and i a Station ,269 X53.5 of the purvey of the WEST BRANCH,. OF TEE' NERESS CANAL, and which ns-id noent er line intersects the boundary line between ..the Northeast Quarter (i lam); arid the Southeast Quarter (SRO of said Section Sloven (11), tight fundrod Sixty-five B65) feat Went of the Eaet S,uarter corner of said 8e0tidn Eleven (11), which point is Station 297;45 of the survey of the said WEST BRANCH OF THE NERES CANAL. TO HAVE AND TO HOLD TRP S t4E, Together with sal and singular the eppurten.ences and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, P _title, interest and claim Whatsoever, of the said party of the first part, either in law .equity, to the only proper use, benefit and behoof o'f the, said party of the second part, eucoeseor.e and assigns forever. right, or its. IN WITNESS WHEREOF, The said party of the first part has osused its corporate name to e thereunto subscribed by its President: end its Vice President, and its corporate seal to be hereunto affixed, attested by it's Secretary, the day and year first above written. • SKLD, Inc. SKL14073 WE 208151-1914.007 289 Attest: 04 J, Standle t Secretary. STATE OF NEW YORK . r .. .COUNTY OF HEW STATE OF COLORADO, eat YORK) • TEE 'N t By .____,,._._ti Mfi ton Smith - Vice President I, A.M.Lindenstruth a Notary Public. in and for said New York County, in the State aforesaid, do hereby certify that W. E. Goldsborough, who is personally known to me to be the same person whose name is subscribed to the foregoing QUIT -CLAIM DEED as having executed the same as .President of THE HUDSON LAND COMPANY, a corporation, appeared before me this day in person ¢nd acknowledged: That the seal affixed to the foregoing instrument is the corporate seal of said corporation; that the same was thereunto affixed by the authority of said corporation; that said instrument was by like authority subscribed with its Corporate name; that the said V.E. Goldeborough, wan the President of said corporation at the time of the execution of said QUIT- cLfIM DEED; that by the authority of said corpora- tion he subscribed his name there -into as President;. that lhe signed, sealed and delivered the said instrument of writing ae his free and voluntary act and deed and as the free and voluntary act and deed of said corporation, for the use's and purlYose-s therein set forth. -- Given under my hand and... , ....seal, thie 9th day of October _A.D. 1914. My oommiaeion expires March 30th 1916 - A.M.Lindenstruth ) CITY AND COUNTY OF DENVER ) r No. 208151 . oa,&er.afo .v Woonaurt a Mine 58. / Notary Public, Westchester County, Certificate filed in New York County No'. 4S New York Register's No. 611$ 4 • I, May Stewart, a Notary Publtb in and for said "City end County, in Ohe State ifhreeaid, do hereby certify that MILTON 8MPF1 and O"%a. Standle y, rho ere personally known to me to be the same person whose asmrss are subscribed to the foregoing QUIT -CLAIM DEED as having executed the same respectively as Vino -President -and Secretary of THE HUDSON LAND CO RANY, a corporation, and who are known to me to have been such officers respectively at the time of the execution of the foregoing QUIT -CLAIM DEED, appeared before me this day in person and respectively acknowledged: That the seal affixed to tile fo egbing instrument -is 'he corporate seal of said corporation; that the earn? was there -unto affixed -by the authority of said corporation; that said instrument was' by 114a - authority subscribed with its corporate name; that the said MILTON SMITH was the Viee President of said corporation and the said O. J. tandley was; the Secretary thereof at the time of the execution of the said foregoing QUIT -CLAW DEED; thatby the authority of said corporation they respectively subscribed their names thereunto as Vice President and Secretary, and that they Signed, sealed and delivered the said instrument of writing as their free and voluntary aot and deed, and ae the free and voluntary act and deed of sail corporation, for the uses and (purposes therein set forte* Given under 'my hand and notarial •seal, this 14th day of ... , . August' A.D. 1914. (My commission expires Nov. 13, 1915 Ma Stewart Nattily Public. Filed_for record at 9 o'clock A.M., Dec,llth, 1914, _ J E Snook Recorder. W H Delbridge C Deputy. XXXXXXXXXXXXXXXXxxxxxXxxxxxxxxxxxxxxxxxxxXXxxxxXXXXXXXXXXXXXKXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXK 1' ( 1 r 1 SKLD, Inc. SKL14073 WE 208151-1914.008 s ■ • II • e• •, . • ♦. 10 HAVE AND 10 HOLD the same, together with all and singular the appurtenances and privileges thereunto een ginifrorin anywise thereunto appertaining, and all the estate. rights title, interest, and claim whataj'erar.ofthe said pas-xi/of th&Mit pert, either In law or equity, to the only proper use, benefit said behoorof said pirt y crtheseeoad . Tiarteartir). Yttoi,i7and assigns braver. - OF. The said party of the first part bath caused Its corporate name to be hereunto aubserr'bred itelleesident, and its corporate seal to be hereunto affixed, attested by its urn Ikeda estaioar,f1rst above ttcn. ,. ie AR2052204 B 1111 REC 02052204 05/02/86 l4zOH $6.00 - 1/002 F 1282 MARY ANN FEUBRSTEIN CLERK & RECORDERRECORDER,112101CO, CO _ - THIS Dilla Made this between 2nd day of May .1986 THE FARMERS RES E RVOI R AND IRRIGATION COMPANY a corporation duly organized and tilting under and by virtue of the laws at the State of Oolorado, of the first part. and It BEEBE DRAW CATTLE CO., a Colorado Limited Partnership whew legal addretsis 1551 Larimer St .. Denver, CO 80202, cfthe City and State of Oobrado. or the second part, • , WITNESSETI1. That the said party of the first part, i'or and In amsidera- tion of the sum of TEN DOLLARS AND OTHER CONSIDERATION sr**atetyr:a*hiss's'**t**4,li" #'tiifiiS `. to the said party ottha first part in hand paid by the said party of the s find part, the rcccipt� Ls ho e r confessed and sicirsewleiged. bath rernlsed. Seas d sold. conveyed and QUIT CLAIMED. and by thpd Pittintit eitth remise, rata sat ants and QUIT CLADS unto .thc said past y of the second pert. Th atr heirs aid: a-uig a forever, ' all the eight title, interest, dee and demand which the said party of the first part bath to th and to e Otuati_. County of Denver • R _ J. ,1■ ''. -t •• • 1 • • fullow-ing described p a r e e l of land situate, Iyina end being in the of WELD and State ofColorado, towit PROPERTY DESCRIBED ON EXHIBIT "A" ATTACHED. .. • alas known as street and number • • • • I• • , i I p • • '• • • 4 mat. 1 ., - • • I' I I • '. i _ . Iii :144: •♦• •I•x •C ,• t::•.��•..I • •. , . J •J '•• '' ill ;It • . • a -. / _, - • 1..•w • • •. I••• .• ' ,• !t -• 1 A ' . •''e -•j • 1 •. • r x u t. I a.' - • • • • • • - a 4• •1•. P • • i7 I • •; ■ 1 • a t• A I.• I r. - 4,• ■ • 1 . • • • . r .• I � • • ' L• a' • . la:•• ' • y • ••• _ ,' I r ♦ - • •• i 4.• I. 1 • . r • - 1 .4*. .. - • 1, , • I • i `I . • • f- • I • r '.• ' -a • •. �._-le} ▪ 3iis... _. 1• .Y-_ 1. ,•••• A • ` I •• . 11_ . • • I I ♦ • L f • ' • • -., ip ' •••c - • 1. • V, • • .. ▪ ■cr/r • ■ el OR ifo' Vail•♦ STATE OF COLORADO • al a��\�. statt•Alt&-.4:00111, of THE FARMERS RESERVOIR AND IRRIGATION COMPANY, a Colorado Corporation I I The Ibn going instrument was acknowledged before me this 2 tt d 19 B6 .137 ata •?;fa )218agtatInC- 4 'a. • a.■' 3 ESERVOI■ A r' IRRIGATION COMPANY lizinotsnsI wsmsss es - ''AtArteatittel • "al asaL 'VIP,. N. ..c •% a 4 • �1 f.. - •• p •cis ass ass a -•a•.,, o•e .rs I J 1{ dant Kay ILO • • • 1•�. ;,I 4 • . i. 1$, President anti Secretary of ttfCo tarporrttt ld Tara-8radord PshtlshlnsCa. Dieiwa,GU'sde-11.71 NotaryPublic.. • 'II. 7 I•, -. I I• • -• • ♦ • -• 4 • •• • O. _ 4 • " 1 I 1 t • ••Y 4 .• a } r44 l• am. • r; 4 i• 4 _ • • I • ..• ; • • . •, • C I II I • ses 1 • I • J• • , _ ,•• .. I t • • •, . • • .r • }}I R •,' • . _et .et --' .4;. _ -a • • to. ��. I r• _ • I , • SKID, Inc. SKL14073 WE 2052204-1986.001 • • •• • - Da ' B 1111 REC 02052204 05/02/86 14241 5.40 '• .2',/02. F 1283 MART m' plumunnerwilMLORK & RECORDER: ;c0, -,col - Ira a. a — . —VW. :- r: al. • _ -1. r.•.. .S s ••♦>•a+Y wr•� •_ :�u.� - 1 • EXHIBIT ttAt" • "PIS r 1• ;- OIL I •a • L • I. - •- J . • . r. EQII • • 1 •• •• r.,.� ♦ •i m • • I 6 + - , • • 1 -. •• lJa r • II . 1:'• - II *I r 1 • r,, + Attached to that certain deed from Farmers Reservoir and'ttr'ignCon''µr� I•f-'; ` Company, a Colorado n Grantor, to Beebe ��ar tr ie q' y p �' Corporation, �� ♦ti1��i , �J.14'a�� 4! ��l i'i ..1 �1L� �'•�� •, 1:•p �•i �'%1 a Colorado Limited Partnership, Grantee. 1• 1 , • ,Those certain parcels situate in Section 10, Township 3 -North, Range 65 West of the 6th P.M., Weld County, Colorado, particularly described as follows: 1. :• + • '1 • •. _ I. • _• ' • ; ytl•• • -- `. •r •..I, •-r. t • being ;Ore; ,l II •• •. .' 4 ., - ` I - t Those portions of Tracts A, B, and C, as described in that certain• Decree recorded in Book 327, at pages 436-A39 of the records of Weld County, Colorado which have not been included in the property conveyed to The Farmers Reservoir and Irrigation Company, a Colorado Corporation, by that certain deed recorded in Book_1068 .068 ♦ as Reception No. 2008614 • • • • •1 a • r • • 47 • • I • ✓ ,_ • � • , • •, m - • • • 1 Yr , •T m y ' 1 • • • • z - a . • • a• • • • r • • • r t • • •.{- • • 4 •• m ♦ a� • a • _ a- . J •,.- .4 1 ', ► F• • al• ', a - • •r • ▪ •, 4 - 6 • I • • a • •, ♦ 4 .' r _ • • i'1-Ta - • 1- - 1 - • 41_ 1 • I •'64144-r r •1 J. .�. u.- I' I 1' -•. 1.1 • • la r '•,!14 :f ; gym•�4 4 • 1 I. a,a r - . C. 14 Tm1 �I� , y:, . J, 1 r4 ••, t:44, • »reel. 'pit • al- '• 4•• .• 7' • L• •▪ �•�_yI .; 4.. 1 • •• • , - • —� • �� - - . • -• 1 , ' I. ► r 0. ▪ -f • • - . • m • , r , • -1 -• • • •1 -• •:1..74 r I r,, • . • ' - "1 . . ,.. . • _ • - : 1 , 4. .- v it r .. - 5r • •P ' - r•' • 1 • .4 • ,• I • 1 . • • r 1 P. - • - •a a • • ' . •• • 1 r .4• 1' - - • 1 ' • I- •J r •5 T - Im- 1 f i, e74, p • �I• • , T - a. • .4.-1 • • 1 • J • 1 •� —. • •'. - Y 4.• 1 •• , •a a :.y. • .• • •_ r • .. -' 1 ♦ ' • J• . • • I d - J d I . • _ . - • • ' . r ••• •,, = ! I f1 r•1• , •z 1 44 _+• ' X1.4 •I. •• • 1 •• • 4 i• • - 1 - . . . ,i '1 ' : •.. ►_ • i'. ▪ • • ' I • + 1 r• I. _ ✓ ,•r-♦ • .4 •u. • • I: a..-� • . . 1 I ea • .• • t• . . I. - • •1" „ •5 _ • _ • • I..'_ . • •J2 -2,,E,.... » �•' T • 'Z .\ ♦ •4. • — 1 _• m• _• r •• •: - -• �, .- - r Iii - a "„. , - _ • .I a' ♦ "- A. a , • +� • - ' • • �' 1 4•- I-. • 1 • • ' + •, I: , 1♦ a r ►•- • • -• - - •-1.1 OP • • _i • .f 'ell . I ♦C• .•I• • . ' . • I.- • r • • 44 • • . • . I II d r • 4 -I "It,'_ • s O- • . -I: - . •. • • - • I a•- a•♦ - j- _C •t •i. • fr • Is ;flog 4a- r477 3 _• ♦ ' • �� ~ 4S ad- ". kit. • , ♦ rr , •• 11 I °I' •I .1. IF' 1 a• .. :JJ •1 - 1•• -1t'•! •' r• . ••• } it • 9.7 .11 • • • • I FT • • uss 4. vie- 1 SKLD, Inc. SKL14073 ME 2052204-1986.002 13,cyc.° No. 108. QUIT ©LAIN DESD.— orporafiaa Form. —The Bradford -Robinson Ptr. +Ct. Mfrs. Rvdnen's Leal Masks, Dear. bts Ocet,, Made this — 26 day of September in the year of our Lord one thousand nine hundred and twenty-two between - - - CHICAGO TITLE AND TRUST Camay, a corporation duly organized and existing under and by virtue of the laws of the State of Illinois and authorized to transact business in the state of Colorado, as TRUSTEE, with offices in the City and County of Denver and State of Colorado, of the first part, and zamorpsftxmlay i plox Xixsixlimixtmgx TEE FIRS RESERVOIR AND IRRIGATION COMPANY, a Colorado corporation, with offices in the --- City andand-Cottazty of Denver and State of Colorado, of the second part, WITNESSETN, That the said party of the first part, for and in consideration of the sum of one and 00/100 ($1.00) and other good and valuable considerations to the said party of the first part in hand paid by the said party DOLLARS I I of the second part, the receipt whereof is hereby confessed and acknowledged, bath remised, released, sold, conveyed and QUIT CLAIMED, and by these presents doth re ise release, sell, convey and QUIT CLAIM unto the said part y of the sue cesoit second part, i tS end assigns forever, all the right, title, interest, claim and demand which the said party of the first part /bath in and to the following described ----real estate t te, lying and being in the 0Ott -tiill of Weld and State of Colorado, to -wit: The Southwest Quarter (Milt the West Half of , the ,South east Quarter (Wi mil and the West Half of the Southeast Quarter of the Southeast Quarter (Wei SEi SE1) of Section Eleven (11) , Township Three (3) North, Range Sixty-five (65) West, except so much thereof as is occupied by Milton lake and the Gilmore Canal as now constructed, containing Ninety- one (91) acres, more or less. ,Y TO HAVE AND TO HOLD the same;, together with all and singular the appurtenances and privi- leges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper u.se, benefit successors and behoo f of the said part of the second part, its' and assigns forever. IN WITNESS WHEREOF, The said party of the first part hath caused its corporate name to be hereundo subscribed by itsPresident, and its corporate seal to be hereunto affixed, attested by its Secretary, the day and year first above written. Attest: yam\ \t`w Secretary. CHICAGO TITLE AND TRUST COMPANY I as TRUST By ILLINOIS • STATE OFV ... COUN OF COOK t in! the tale aforesaid, do hereby certify that h _ in and for said releAtt stvar.Li etseiz County, who are personally know to me to be the Sam persons whose names are subscribed to the foregoing deed as having executed the same respectively as President and Secretary of CHICAGO T ITLE AND TRUST C©LTANY I as TRUSTEE a corporation, and who are known to me to be such officers, respectively, appeared before me this day in person, and severally acknowledged: That the seal affixed to the foregoing instrument is the corporate seal of said corporation; that the same was thereunto affixed by the authority of said corporation; that said instrument was by like authority subscribed with its corporate name; that the said is the the said President of said corporation, and ii the Secretary thereof; that by the authority of said corporation they respectively subscribed their names thereto a4 Q!4.c_c President and Secretary, and that they signed, sealed and delivered the said instrument of writing as their free and voluntary act and deed, and as a free and voluntary act and deed of said corporation for the uses and pur- poses therein set forth. Given under my hand and A. D. 19 22 My commission expire seal: this 0 day of Notary Public Lai f I 4.71 No. 3904171 "%4:4_,, QUIT CLAIM DEED Ili:LIC1GO 'T'ITLE MID._TXi=.$T COMPANY" ----. _ as .TRtISTEE - TO ?Mai RESERVOIR AND STATE OF COLORADO. COUNTY OF I hereby certify that this instrument was filed for record in my office at o'clok M., OCI 5. '_' 1921-)°, 19_ and is duly recorded in book _ 64-2 SS. 1 Se-, L:. - . Recorder. Deputy. 00 Fees, ealff I l b. szellars Reservoir dr Itrtgatiaa IhiALBu, Otsv {.it; Tilt ORAQFOUO•POO1NtOM PTO. CO. dear o I Ni No. 108. QUIT CLAM DEED.- Oorporation Form. —The Bradford-Bebinson Ptr. Co,.Mfra. Robinson% Leal Blanks, Dente. this E)eeb, Made this 26th day of March our Lord one thousand nine hundred andtwenty three , between CHICAGO TITLE AND TRUST CCMPINT in the year of Illinois a corporation duly organized and existing under and by virtue of the laws of the State of afxbia and authorized tp transact business in the State of Colorado, as TRUSTEE, of the first part., .rind THE FIRMS Babfx,tiV OIR AND IRRIBAT ICE COMPANY a corporation duly organized and existing under and by virtue of the laws of the 3632Spia zzat mate of Colorado, of the second part, WITNESSETN. That the said party of the first part, for and in consideration of the sum of One Dollar and other valuable oonsidvrationa DOLLARS, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, bath remised, released, sold, conveyed and QUIT CLAIMED, and by these presents doth remise, release, sell, convey and QUIT CLAIM unto the said part y of the uccgssora second part, its/ ins and assigns forever, all the right, title, interest, claim and demand which the said party of the first part bath in and to the following described parcel of land situate, lying and being in the County of Weld and State of Colorado, to -wit: That part of the West Ralf (We) of the Northeast Quarter ) of Section fourteen (Sea. 14) Township Three North (T.3 No) Range sixty five West (11.66-6W) of the Sixth Principal Meridian, lying below the right of way liana of Milton Lako, containing seventy four and seventy two hundredths acres (74.72 sores) more or less. TO HAVE AND TO HOLD the same. together with all and singular the appurtenances and privi- leges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit ,SUOoIESaore and behoof of the said part 7 of the second part, its and assigns forever. IN WITNESS WHEREOF, The said party of the first part hath caused its corporate name to be herewith subscribed by its VioePresident, and its corporate seal to be hereunto affixed, attested by its Secretory, the day and year first above written. ft A ttfr.ct., [SEAL] Secretary. CAI TIM .A1QD_Tffi8i OCIEPANY_ at MOM r teraCtesed-4.-"---4 .By CC er President. Illinois STATE OF COMuDx ..._.,__..._COC!N'1"it 0F______G,ppk.._ iss 1, Belle M. St ark, a Notary Publ i c in and for said Cook �tl in the Slate aforesaid, do hereby certify that Abel Davi s and H. J. Tan sley, I`. �i County, who are personally known to me to be the same persons whose names are subscribed to the foregoing deed as having executed the same respectively as Vice President and Secretory of CHICAGO TITLE AND TRUST COMPANY a a corporation, and who are known to me to be such- officers, respectively appeared before me this day in person, and severally acknowledged: That the seal affixed to the foregoing instrument is the corporate seal of said corporation; that the same was thereunto affixed by the authority of said corporation; that said instrument was by like authority subscribed with its corporate name; that the said the said Abel Davis H.J.Tansley is the Vi C e President of said corporation, and is the Secretary thereof; that by the authority of said corporation they respectively subscribed their names thereto as Vi ce President and Secretary, and that they signed, sealed and delivered the said instrument of writing as their free and voluntary act and deed, and as a free and voluntary art and deed of said corporation for the uses and pur- poses therein set forth. Given under my hand and Not ari at seal, this 29th day of March A. D. .1.9 23 a y commission expires March 17, 19 25. Notary_Publics lio, CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES Land Title Order No.: Milton Reservoir Section 14 The Land Title Guarantee Company TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. Legal Description: The West 1/2, the Northeast 1/4, and the West 1/2 of the Southeast 'A of Section 14, Township 3 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): Book 955 Book 956 Page 421 Page 3 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 3rd day of March, 2017 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY By: Wend A Bell, Title Examiner • BOOK 955 PaGE421 FEB 7 1934 atA ��_ �+®COr $� - - O'clock a ws w.ww ��tawr_ *minion P"_5_ ____.. 1/ALTER F4 M ORR I SON, H ,corder DEED THIS DEED, Made this ninth day of January, A. D. 1934, by and between the CONSOLIDATED FARMS COMPANY, a corporation duly organized and existing tinder and by virtue of the laws of the State of Colorado, party of the first part, and THE FARMERS RESERVOIR AND IRRIGATION COMPANY, a corporation duly organized end existing under and by virtue of the laws of the State of Colorado, party of the second part, W I T N E S S E T H: That the said party of the first part, for and in considera- tion of the sum of Ten Dollars ($10.00) and other good and valuable consideration to the said tarty of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, hath granted, bargained, sold and conveyed, and by these presents doth grant, bargain, sell, convey and confirm unto the said party of the second part, its successors and assigns forever, all of the following described parcel of land, situate, lying and being in the County of WELD, and State of Colorado, to -wit: That part of the Northeast Quarter OT4i) and of the West Half of the Southeast Quarter Wei) lying East of the right-ofway line of Milton Reservoir, Section Fourteen (Sec. 14) Township Three North (T 3'N), Range Sixty-five (R 65) West of the Sixth (6th) Principal Meridian, containing 129 acres, more or less Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise, appertaining and the reversion or reversions, remainders, rents, issues and profits thereof; and all the estate, right, title, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in end to the above bargained SKID, Inc. SKL14073 WE 683395-1934.001 BOOK � 55 PM 422 a premises with the hereditamente end appurtenances. This conveyance is expressly made subject to the following: (1) Any and all existing easements and any and all reservations or exceptions in any instrument of record through which first party acquired title (2) All unpaid general state, county and school, or other taxes or assessments of. any kind levied against said land. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances unto the said party of the second part, its successors and assigns forever. IN WITNESS WHEREOF, the said party of the first part bath caused its corporate name.to to mion7peirate seal • as: 411/44 P a' rat r . do Vs' .� -! Jit ant • i .f dr egiej .mod• * * 41, • mr. snap. first 1 east fa iti'u '. 7 •1140t* .. •M Nietot OR PtS,1.4;'. ATTEST: be hereunto subscribed by to be hereunto affixed, attested above written. STATE OFOOLORADO ) SS City _ do County..of Denver ) its President, by its Secretary, CONSOL u1 •* • FARAS Cc:IPA! BY t..S.61,4„ President. The 'foregoing instrument was acknowledged before me this • day- of January; ►, 1934, by ALBERT A. REED, as President and FRED R. WRIGET, „ r''` 114t fy; 6± CONSOLIDATED FARMS COMPANY, a corporation organized and , ' ,04 � t .m:and by virtue of the laws of the State of Colorado. • • a 04 c..�. ,' '.111 0 . .� 4tN1 '�� ► .x''±"• t; ., Iwo -R ',tic rF F 'i �'` • •l I O• Vile4,, 14 61 Asip 4 SS my hand and' official seal. coi e aion expires ley Commission expires May 16 1933 9 4 SKLD, Inc. SKL14073 WE 683395-1934.002 BOOK 956 PAGE 43 TEES D Retarded _FEB_1 5 -1934 Nu; ;'' L •(_ L -- qt_ /. .._ O'clock _ WALTER F. Mel RISQN, Recurdsr UITI DEED Made this ' day of January, A. D. Q Y, 1934, between CONSOLIDATED FARMS COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Colorado, CHICAGO TILE MW TRUST C 0MPA Y , a corporation or- ganized and existing under and by virtue of the laws of the State of Illinois, and CHICAGO TITLE AND TRUST COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Illinois, AS TRUSTEE, parties of the first part, and THE FARMERS RESERVOIR AND IRRIGATION COM- PANY, a corporation organized and existing under and by virtue of the laws of the State of Colorado, party of the second part, WITNESSETH • • THAT the said parties of the first part, for and in eons siderat ion of the sum of One Dollar 0 l) and other good and valuable consideration, to the said parties of the first part in hand paid by the said party of the second part; the receipt whereof is hereby confessed and acknowledged, have rams se d , released, sold, conveyed and QUITCLAIMED, and by these presents do remise, release, sell, convey and QUIT- CLAIM unto the said party of the second part, its successors and assigns forever, all the right, title, interest, claim and demand which the said parties of the first part have in and to the following described land situate, lying and being in the County of Weld and State of Colorado, to wit: The West Half OW, the Northeast Quarter l) , the West half of the Southeast Quarter BEV, and the Northeast Quarter of the -South- east Quarter (NaS l of Section Fourteen (14) , Township Three (3).North, North , Range Sixty-five (65) West of the Sixth (6th) Principal Meridian. SKLD, Inc. SKL14073 WE 683814-1934.001 de Cry •- r • rr_f * \ ..r { ,.7.�- i• • ' • 711 •-• �z i A-rY t•!i Y 1.0 , �.Yr • ,• • *yea P 14r:to \Nor fa 61. 777 �ii PP7}��^•rr�, [� f• lmscr: IS • • * r• tea; -'� * • tsp.,, ,7 a • ms• • • • • • . c0.• l ♦ • ' *r••' esamr4 Cillasl "1 g: F, • a • • se lit •• • • • 's%' L r**♦AFBrer •r• BOOK 956 PAGE 44 2 TO HAVE AND TO HOLD the s eme , together with all and singular the appurtenances and privileges thereunto belong- ing, or in anywise thereunto appertaining, and all the es- tate, right, title, interest and claim whatsoever, of the said parties of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part, its successors and assigns forever. IN WITNESS WHEREOF, each of the said parties of the first part has caused its corporate name to be hereunto subscribed by its duly authorized hereunto affixed, the is'•,,\'k91.0 Ado, 11, ril_?tyt � • *� . Jay bs 'Jenlb + rsi M �•• J • , �eP . f ' j Pit • s • 1,". s!qoodi/t; • - se re It, oz Srr. kit 'ro ' \ Y• ea I ` 0. rt. Ails • ys 4r eE"o"' ILL, •�°, i•. 11-:4 ti• •. Y� officers, and its corporate seal to be day and year first above written. Sec 410.eatic__ Its President CHICAGO TITLE AND TR ST COMPANY) By x 2,17 t ce President ary -S CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE By • Its Vice President SKLD, Inc. SKL14073 WE 683814-1934.002 BOCK 956 PAGE 45 3. ....STATE OF COLORADO.... SS. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 0- day of , A. D. 1934, by ALBERT A. REED, as president, aria FRED R. WRIGHT, as secretary of CONSOLIDATED FARMS COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Colorado. ,,,oNielliolo, TNESS my hand c:‘te‘t.itsJi;r. R t g r ;l�F/!,�' !,..,140 P� VIM 1 sal on °, * 1 t� !• i V ` " 1 .1, es" .s: ;11.4 ?,,c, ,. ,:i...tit 14411 64-7.4bs •.t • art w. ib%R 9 and official seal. expires `"" ' r 1% flaa STATE OF ILLINOIS, ) ) SS. COUNTY OF COOK. ) Notary b1 With n d _or the City and County of Denver, State of Colorado. r The foregoing instrument was acknowledged before me this za day of as Vice President, and Secretary of CHICAGO TITLE • A. D. 1934, by 747-777 �tel , , as TRUST C ANY, a corporation ora ganized and existing under and by virtue of the laws of the State of Illinois, and as such officers of CHICAGO TITLE AND TRUST C0URANY, a corporation organized end existing under and by virtue of the laws of the State of Illinois, AS TRUSTEE. WITNESS my hand anti; of f4 al.seal. NI, My commission•expir ,;, p .• Zat of* II vi go 0.F or 1:+4 ! - . iris, A i l lr�► s, iy6 ,rte •12 ^,:, tl FFF. C3 ,, g /A • f� i ` '�.y�,t �! 1�'it, L.. � '6 .u' AS 41 J.. E'JYMr 1 �e ( L'1' 41NiT x'. 1� �5 ''1„'T - ,j !� r I '� •� a b A I L Y i SKLD, Inc. SKL14073 WE 683814-1934.003 6 / ary Public CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES Land Title Order No.: Milton Reservoir____ Section 15 The Land Title Guarantee Company TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. Legal Description: All of Section 15, Township 3 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado, excepting therefrom that portion as conveyed in Quit Claim Deed recorded May 14, 1986 at Reception No. 2053446. CONVEYANCES (if none appear, so state): Book 406 Reception No. Reception No. Reception No. Reception No. Reception No. Reception No. Reception No. 2008616 2008619 2008620 2008627 2008628 2017072 2053446 Page 282 Book 1068 Book 1068 Book 1068 Book 1068 Book 1068 Book 1076 Book 1112 (included for informational purposes only) (included for informational purposes only) (included for informational purposes only) (included for informational purposes only) (included for informational purposes only) This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 3rd day of March, 2017 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY By. Wend. Bell, Title Examiner 1 yob 282 K - . - f's4 .c_•••-fT. +.' ,+., �. ----zrs� . - - ., •^r- 2irre one-half interest in said property to said survivor and the other half to the issue of said deceased child. In case said child should die without issue, then said trustee or his successor shall convey the whole of scald property to said surviving child. In .oase both of said ' children should die without issue prior to attaining majority, then said oonveyanoe shall be made to the following persons in order, first to first party if he be living, if he be not - living; then to his wife Rachel E.Eaton if she be living, if she be not living then to said George L Jones himself, and 3r° he be not living, then to any surviving children- of first party, share and'share alike. In case said George L.Jones, trustee as aforesaid, should die, resign or be removed prier to the complete execution of this trust, then in such case a successor in trust, s all be appointed in the following manner; if first party be living he may fie instrument in writing duly signed and acknowledged appoint a new trustee, if he be not, living and his wife Rachel E.Eaton be living she may appoint a trustee' in like manner, if neither be living at the time when any vacancy occurs then on petition filed in the District Court, said court as a court' of chancery -may appoint a -trustee. Such power of appointment may be exercised so often as may be neoessary to the execution of the trust, and when any new trustee shall be so appointed all the power and the title hereby conveyed to the original trustee shall vest in him, in trust, for the purposes herein provided. IN WITNESS WHEREOF, The said party of the first part has hereunto set his hand and seal the day and year first above written. STATE OF COLORADO ) COUNTY OF WELD t $8 4eron S.Eaton(SEAL) I, Charles D Todd a notary public in and for said county, in the state aforesaid, do hereby certify that Aaron S.Eaton who is personally known to me to be the person whose name is subscribed to the annexed deed, appeared before me this day in person~ end, acknowledged that they signed, eesled and delivered- the said instrument of writing as the free and voluntary act,- For the uses and purposes therein set forth. Given under my hand and notarial seal this 5th day of July A.D. 1905. My commission expires October 3rd 1906 Charles D Todd No. 208150 O04IPIRNIS Fr WQonRbrr a fvanrs Filed for record at 9 o'clock A7.14., Dee 11', 1914, M Notary Public. J E Snook Recorder. R H Delbridge Deputy. XXXXXXXXXXkXXXXXXXXXXXXXXX3CkaXXXXXXXXXXXXXXXXXKXXXXXXXXXXXXXXXXXXXxxxXXXXXXXXXXXXXXxxxxxxxxxx C C 1,/ QU I T:-1 CL AIM. ID E E D. 7 THIS DEED, Made this fourteenth day of August in the year of our Lord one thousand nine hundred and thirteen BETWEEN THE HUDSON LAND COMPANY, a corporation duly organized and existing under and by virtue of the laws of the State of Colorado, of the first part,. and THE FARMERS RESERVOIRANDIRRIGATION COMPANY, a corporation duly organized and existing under end' by virtue of the laws of the State of Colorado, of the second part, WITNESSTR, That the said party of the first part, for and in consideration of the sum of One and 00/1.00 Dollars ($1.00) and other good and valuable oonsideratione to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT -CLAIMED, and' by thesi presents does. remise, release, sell, convey and QUIT -CLAIM unto the said party of the second part, its successors and assigns forever, all the right, title, Interest, claim and demand which the said party of the first pert flee in and to the following described real estate situate, lying and being in the County of Weld and State of Colorado, to -wit: . A strip of land for the BETi'EE CANAL through, upon, over and across Section Thirty --One (31):, Township One (1) North, Range Sixty-five (65) Seat; said ntrip of land being Seventr • five (75) feet wide and extending Thirtyraevon and One Na_ t (37i) feet right and Thirtyreeven ....and Ona .Ralf (37!!5_) feet left of the canter -line of the said BEEBE CANAL, as actually construct- ed, and contains Nine and Seventy-three One Hundredths 0;73) acres. • :Said center line intersects the boundary line between said Section Thirty five (35) and Section Six (6) , Township .One (1) South, Range Sixty'- ti u e (65) West, Twenty—one Hundred and SKLD, Inc. SKL14073 WE 208151-1914.001 2s3 a. Sixty-nine (2169) feet East of the Southwest (SO aorner of said Section Thirty' -one (31) , which point is Station 20304 of the survey of the said BEEBE CANAL, and which said center line intersects the boundary line between sail4.Section Thirty-one (31) and Section Thirty (30). saw Township and Range, Six Hundred and Fourteen (614) feet East of the Quarter corner ( Common tc said Sections' Thirty-one (31) and Thirty 60), which point is Station 2554.97 of the survey of the said BEEBE CANAL. adlille • ( ALSO c a strip of land for the BEEBE SAL through, upon, over and facrosa ' the Southeast • Quarter (SED of Section Thirty (30) , Township One (1) North, Range Sixty-five (•65) West; said strip of land being Seveutyafive (75) feat wide and extending Thirty-seven and to Half (37) feet right and Thirty-seven and -One Half t37k) feet .lerft of the center line of -the said BEEBE CANAL, as actually constructed, and contains Five and Thirty-one One Hundredths. (5.31) acres. • Said &enter line intersects the boundary line between said Section Thirty (30), and Section Thirty-one (31) , same Township and .Range, Six Hundred and Fourteen (614) feet met lof the quarter corner common. to said Sections. Thirty (30) and Thirty-one (31)., which point is Station 259097 of the survey of the said BEEBE CANAL, and which said center line inter - seats the boundary line between- the, Northeast Quarter (N) of` esid Section Thirty ( 0) and the Southeast Quarter (Se) of saidi Section Thirty (30) Five Hundred and Ninety (590)' feet West of the Quarter corner common to said Section Thirty (34) and Section Twenty --nine" (29), same Township and Range, which point is Station 290t80 of the survey of the said BEEBE� CANAL. .ALSO; a strip of land for the BEEBE CANAL through, upon, over and across the Northeast Quarter (NE•) of Section Twenty (20) ; Township One (1) •Northi Ran a Sixty-five (65) West. -- From Station 355t17 to Station 365t00 said strip of land is Seventy-five (75) feet wide► extending Thirty; -seven and On Ralf (37i) feet right bad Thirt y`oeven end One Half' (3 feet left of the center line of the BEEBE CANAL, as actually oonstruoted; £rod Station 365t00 to Station 370:00" said strip of land is Ninety (90) feet wide, extending Forty-five (45) fe6t right and Forty fin (45) feet left of the(o enter line of the said BEEBE CANAL, ice actually constructed; from Station 370000 to Station 355tO6 said strip of land is Eighty (to) feet wide, extending l rty (40)- feet right and Forty (40) feet left of the °enter line of the said BOBE CANAL, as actually constructed." Said entire(strip or land contains Five and Fifty-five One Hundredths (5.55) acres. Said center line intersects the boundary line between the .Northeast Quarter (N) of• Section Twenty (20) and the Northwest Quarter (NW.10 of Section Twenty (20), all in Township One (1) North, Range Si.kt,y-five (65) n West 1'wentyrreur Hundred (2400) feet South of the Quarter corner common to said Seotion Twenty (20) and Section Seventeen (17) , same Township and Range and is Station 355t17 of the survey of the said BEEBE CANAL, and which said °enter line intersects the boundary line between said Section Twenty 20) and Section Seventeen (17), same TownRange, ship and Eight Hundred and Eleven (Ell) feet West of the corner common to . -Seotione Sixteen (16) , Seventeen (17) , Twenty (20) and Twenty-one (21) , all in Township .One (1) North, Range Sixty-five (65) West, and 'is Station 3S5t63 of the survey of the said BEEBE CANAL. ALSO, A bjwip of land for the BEEBE CANAL through, upon4 over and across the Southeast Quarter (S•) of Se6ticn Seventeen (17) , Township One (1) North, Range Sixty -file (65) west. From Station 3S5t63 to Station 396t00 -said &trip of land is Seventy five (75) feet wide, extending Thirty-seven and One Half (37') feet right and Thirty-seven and One Ralf (37i) feet left of the center line of the BEEBE CANAL, as actually constructed; from Station* 396000 th Station 401400 said strip of land is One H indred (100) feet wide; extending Fifty -T(50) feet right and Fifty (50) feet left of the center line of the said BEEBE CANAL, ae actually constructed; from Station •44 100 to Station 408150 'said strip of land is -Seventy- five (75) feet wide, extending Thirty-seven and One Half (37) feet right and Thirty-seven hnd' Oxie Half (370) :'.feet left of the center line' of the said BEEBE CANAL, as actually . constructed. Said entire strip of land contains Four 'and Nine One Hundredths (4.09) agree. Said center line intersects the boundary line between said Section Seventeen (17) and Section Twenty (20) , same Township and Range, Eight Hundred and Eleven (en) feet West of the corner o on- ' o Sections Sixteen (16) , Seventeen (17), Twenty (20) ,. and ¶wenty-ono (21) , all in Township One (1) North, Range Sixty-five (65)- (West, which point is dtation 385t63 of the survey of the said BEEBE CANAL, and which said center line intersects the boundary line between said Section Seventeen (17) and Section Sixteen (16) , same Township and Range, Twenty -ono Hundred and(Forty (2140)' feet North of the corner common to Sections Sixteen, .° (16) , Seventeen (17) , Twenty 020) and -Twenty-one (21)-, Township One (1) North, Range sixtrr five (65) Wert, which point is Station 40aO kf the survey of the said BEEdE CANAL. ALSO, a strip of lend for the BEEBE CANAL through, upon, over and across Section Nine (9) , Township One (3) North, Range Sixty-five (65) West; said strip of land being Seventy-five (75) feet wide and extending thii'tyrsoveb and One BA1f (37i) feet right end Thirty'$even and One Half (3) feet left of the center line of the said BEEPIE CANAL, se actually conetruot4d, and' contains Nine and Fortyrtliree One Hundredths (9.43) acres. Said center dine intersects the boundary line between said Section Nine (9) and Section Sixteen (16), same Township and Range, Sixteen Hundred and Sixty (1660) feet East of the corder -common to Sections Eight (8), Nine (9) , Sixteen (16) and Seventeen (17) , . all in Township One (1) North, Rends Sixty-five (65) West, which point is Station 445*52 of the survey of the said BEEBE SAL, and which said center -line intersects the boundary line between said Section Nine (9) and Section Four (4) , same Township and Runge, Three Hundred and Thirty -So 'C 332) feet East of the quarter corner common to said Sections four (4) and SIB, Inc. SKL14073 WE 208151-1914.002 284 Nixie (9) , -and which point is Station 5001/21 of the survey of the said. BEEBE CANAL. - ALSO, a strip of land fur the BEEBE CANAL through, upon, over and across Section Four (4). Township One (1) North, Range Sixty-five (65) West. From Station 5002.21 to Station 5O4-tOO said ietarip of land Sc Seventy-five .(75) feet vide, extending Thirty-acven and One. waif ( 70 feet right and Thirty-seven and One Half (37k) feet left of the center line of the said BEEBE CANAL, as actually constructed; from Station 5O4tOO to Station 52geO3.3 said strip of land Is Seventy (70) feet wide,, .extending Thirty-five (35) feet right and Thirty-five (35) r,cet left of the- oenter line of the said BEEBE CANAL, as actually construetede from Station 52B103e3 to Station 554t70 said strip of land is' Seventywtive (75) feet wide, extending Thirty-seven and One Half (371) root rirpt and Thirty-seven and.One halt (370 feet left of the/center line of the said BEEBE CANAL, se actually constructed. Said entire strip of land contains Nine and One Tenth (9.1) acres. Said center line intersect. the boundary line between said Section Pour (4) and Station Nine (9), Three Hundred and Thirty-two (332) feet East of the Quarter corner -common to said Section Four c4) and Section Nine (9), same Township and age, which point is Station 500t21 of the survey of the said BEEBE CANAL,,, and which said center line intersects; the boundary line between said Section Four (4) and Section Thirt, athree (33), Township Two (2) North, Range Sixty—five (65) West, Four Hundred and Eighty-five ('5) feet East of the quarter corner oomyon to •said Section Four (4) and eeid Section Thirty—three (33), which point is Station 554470 of the survey of the said BEEBE 1QMIAL. ALSO, a strip of land for, the BEMCANAL through, upon, over And across the West Ralf (?&) of the East Hall' ( ) of Station! Tirty'4breo (33) , Township Two (2) North, Range Sixty-five (65) West. F.7om Station 554110 to Station 561r 00 said, strip p1 land is Seventy - £iv : (75) feet wide, extending Thirty-seven and Ono Half ('}"' r) feet right and Thirty-seven and One Half (37*)' rest left of the center line of the said BEEBE CANAL, as actually construoted;-- from- Station 561.00 to Station 600r00 t_ said strip of lend is SiXty-fi.ye (65) feet wider.: extending Thirty-two and One Half (32) feet right. and Thirty -two -and and One Ealf (3 20 feet left of the center line of they said BEEBE CANAL, -as actually constructed; from Station 600t00 to Station 607005 said strip .of land is Seventy-five (75) feet wide, extending Thirty-seven and .One Half (37-) -feet right and Thirty-seven and One Ralf ( "0 ) feet left of the center line of the said BEEBE CANAL, as actually! constructed. Said entire strip of land contains Eight and One One --hundredth acres. I ( • Said center line intersects the boundary line between said Section Thirty -throe (33) and Section pour (4) , Township One (1) North, Range Sixty-five (65) West Four Hundred ,and Eighty-five (485) feet East of the quarter corner common to said Section Thirty-three- (33) and Section Four (4),.which .which point is Station 554070 of the survey of the said BEEBE CANAL and which said center 11110 intersects the boundary 1{ne ,between said Section Thirty-three (33) and. Section Twenty-eight (26), same Township, and Range, Four Hundred and Ninety (490) feet Fart e f the Quarter Corner coalmen to eeid/Seotion Tseirtyethree (33) and said Section Twpnty- eight (2g), which. point is Station6a7t05 of the survey of the BEEBE CANAL. ALSO, A strip of lead for the BCE CANAL through, upon, over and across the East Ralf (F4) of Section Twentyeono (21), Township Two (2) North, Range Sixty-five (65) Wes€. ' Frot Station 661100 .to Station 6511-00 said strip of Land : ie Seventy-five (75) feet wide,, extending Thirty seven and One Half (3-4) feet righrt and Thirty-seven and One Half (3-7 )' feet left of the center line of the said BEE fE CANAL, as actually constructed; from Station 681t00 to Station,667t00 said strip of land is One Hundred and Five (1°5) feet wide, extending Fifty`tw o and One Half (52k) feet right and Fiftyetwo and Qne Half (5 2) reet ;left of the center line of the said BEEBE O'ANAL, as actually/constructed; from Station -687r00 to Station 7112.16 said strip of.;land ie Ninety (94) feet wide, extending Fortrtive (45) feet right and Forty-five (45) feet left of the center line of the said BEEBE CANAL, asfactually constructed.. Said entire strip of land contains Nine and Eighty-three One (Hundredths (9033) acres. ( , Said center line intersects the boundary line between said Section T entyeonc (21) and Section Twcnt flgbt (25), same Township and Range, Nine Hundred and Po.rty-seven end Six iTenthe (947.6) feet tWest of the corner common to Sections Twentyrone (21) , Twentystwo (22) , Twent -eevcn (27) and Twent, eight (25)/ j all .in Township Two (2) North, Range Sixty-five ( 5) West, which point is Station 661.;30 of the survey of the. said BEEBE COAL, and which said" ()enter line intersects the +boundary line between said Section Twenty-one (21) and Section Twenty- ' o(22),, Same To nehip and Range, Ten Bundred and Twonty(soven (1027) feet South of the corner ooarmon to Sections Fifteen ,(15) , Sixteen (16), -Twenty-one ('21) and 'warty -two (22), all in Township Two (2) North,, Range Sixty-five (65) Worst, which point is Station7110B of the survey of the said BEEBE OA3AL. ( ALSO, A strip of land for the BEEBE CANAL through, -upon, over and across the Southeast quarter (Se of the Southwest ' usrtier (Swk) and the West Ea .,f( ) of the Southwest Quarter (814). of the Southeast quarter (s), of Section Twentrtwo (22), Township Three (3) North, Range Sixty—five (65) West; said strip of land is Seventy (70) feet wide, extending Thirty- five (35) feet right and Thirty-five (35) feet left of the center line of the BEEBE OANAL, as actually constructed, and contains One and Ninety-six One Hundredths (1.96) acres. Said canter line intersects Mtho botdaryne between said Sectionenty-tto ') and Section +renty-seven (27) , Same Township en4 Range, Ten (10) feet Wiest of the. Quarter corner common to said Section twenty-two (22) and -said Section Twenty-seven (27) , which point is Station 992490.5 of the survey flt; the said BEEBE CAM, and which said center line intersects the flow tins of Milton bake Reservoir , in the Southeast Quarter (SEA) .of the Southwest Quarter (SW) of said Section Twenty two (22) , Ten (10) feet West and Twelve Hundred SKLD, Inc. SKL14073 WE 208151-1914.003 285 and Nineteen and Five Tenths (1239.5) feet North of the Quarter corner common to said Section Twenty-two (22) and said Section Twenty-seven (27), which point is Station 1005t10 of the survey of the said BEEBE CANAL. .ALSO, a strip of, land for the GILMORE CANAL through , upon, over and across the Southeast Quarter (S,) and the Southeast Quarter (SEL) of the Northwest Quarter (NED of Section Twenty-six (26), Township Four (4) NOrth, Range Sixty-five (65) West, said strip of land being Ninety-three (93) feet wide and extending Forty-three (43) Vest right and Fifty (50) feet loft of the center line or the GILMORE CANUL, as actually constructed, and contains Nine and Eighty tone One Hundredths (9.81) acres. Said center line intersects tho boundary line between said Section Twenty-six (26) and Section Thirty-five (35), earns Township and Range, Seven Hundred (700) feet Nest of the corner common to Sections Twenty-five (25), Twenty-six (263, Thirty -rive (35) end Tezrty- six (36) , in Township Pour (4), North, Range Sixty-five (65 West, and is Station 176t04 of tho survey of the said GILMORE CANAL, and. Which said center line intersect° the boundary line between said Section Twenty --six (26) end Section Twenty-five (25) , same Township and Range, Eighteen Hundred and Twenty-eight (1s2a) feet,South of the corner oommon to said Sections Twenty-three (23), Twenty -'four (24) ,'Twenty-five (25) e.nd Twenty-six (26), Township Four (4) North, Range Sixty-five (65) West, which point is Station 2221.07 of the survey df the said GILMORE CAt1AII. ALSO, a strip of land for the GILMORE CANAL through, upon, over and acres the North- east Quarter ( *) of the Northeast 'Quarter (NR4) of the Northeast Quarter (Na),. of Section Twentyesix (26), To +nahip Four (4) North, Rare `8ixtrtiv°e (65) West,, said strip of land being Ninety three (93) feet wide, extending Port, thine (43) feet right and Fifty (50) feet left of the center line of the GILMORE Watt as sottlsly constructed, and contains One and Twenty-two One Hundredths (1.22). acres. Said center line intersects the boundary line between said Section Twenty-six (26) -and said Section Twenty-five (25) , ,same Township and Ranee, Four Hundred and Fifty-eight (455) feet South of the corner common to Sections Twonty-three (23), Twenty -four -(24), Twentyetive (25) and Twenty-six (26), all in Township Four (4) North, Range Sixty-five (65) West, which point is Station 240t70 of the survey of the said GILMORE CANAL, and which said center line intersects the boundary~ line between said Section Twenty-six (26) end Section Twenty-three (23), same Township and Range, Two Hundred and Sixty-seven (267) feet West of the corner common to Sections Twenty-three (23) , 'l'tiwontrrour (24) , Twenty f lve (25) , rind Twenty-six (26) , Fall in TOwfehip Four (4) North, Range Sixty-five (65) West, which • 'point is Station 2461.45of the survey of the said GILMORE CANAL. f ALSO, a strip of land for the SPEER CANAL through, upon, over and aorose the Walt Half (W ') of Section Ti enty`f ive (25) , Township Ono (1) North, Range Sixty-six (66) West, said strip of land being Ninety (90) feet wide, extending Fifty (50) feet right and Forty (40) feet left of the caster line of the SPEER CANAL, as actually constructed, and contains Twelve and ?nineteen One Hundredths (12.19) acres. Said oenter line intersects the boundary line between said Section Pworttyef ive () and Sectiern Thirty-six (36) , 'same Tcwnship and.Range, Renge, Seven .Ruundred and Fifty (750) feet East of the corner eommon to Sections Twenty-five (25) , Twen rftsix• (26) , Thirty-five (35) and Thirty-six (36), all in Township One (1) North, Range Sixty' -six• (66) West, which point is Station 232770 of the survey of the said SPEER CANAL, and which said center line intersects the boundary line between said Section Twenty-five (25) end said Section Twenty-four (24) , same Township and Range, Eighteen Hundred and Thirty wad Five Tenths (1830.5) feat Bast of the corner common to Sections Twentrthree (23) , TWent four (24) , Twenty-five (15) and Twenty-six (26) , all in Township One (11 North, )?s.nge Sixty-six (66) West, which, point is Station 341r57 of the survey of the said SPEER CANAL. ALSO, a strip of land for the SPEER CANAL through, upon, over end across Section One Township One (1) North, Range Sixty-six (66) West, Said Strip of land being Ninety (90)1 feet wide, extending Fifty (50) feet right and Forty- (40) feet left of the center line of the said SPEER CANAL, es actually constructed, and contains Thirteen and Fifty-eight One Hundredths (13.58)' acres. r Said center line ;rtereects the boundary line between said Section One (1) end - Section Twelve (12) , same Township and Range, Twenty-four Hundred end Fifteen (2415) feet East of the corner common to Sections One (1) , Two (2) , Eleven (11) and Twelve (12) , all in Township One (1) North, Range Sixty-six (66) West, which point is Station 5391.63 of the survey of the said SPEER CANAL, and ivhieh said center lino intersects the boundary line between said Section One (1) and Section Thirty six (36) , Township Two (2) Worth, Range Sixty-six (66) West, Eight Hundred and Eightrtour and Two Tenths (834.2) feet East of the corner -common to Sections One (I) and Two (2), Township One (1) North, Range Si rsix (66) West end Sections Thirty-five (35) and Th tY-si c (36), Township Two (2) North, Range Sixtyreix (66) West, which point is Station 4047.3 of -the survey or the said SPEER CANAL. ALSO, All that pest of the Northoset Quarter ( N ) of Section Twelve (12) , Tdeinship 'One (1) North, Pangs Sixty-six (66) West„ 'rand that pert of the Northwest Quarter (NW) .of the Southwest quarter (s' ) and that part df the Southwest Quarter (SWO of the Northwest Quarter (WW0 of Section Seven (7), Township One (1) North, Runge Sixty-five (65) oWest now covered or to be covered by the waters of that certain reservoir khdwn and called the Dougan •Reservoir up to the high water line thereof; aleo a right of way Fifty (50) feet in width outside of said high water line and following the contour . of said water line around said reservoir within said Sections Twelve (12) and Seven (7) aforesaid, -said high water line being more • I I4 4 L t I f I SKLD, Inc. SItL14073 WE 208151-1914.004 286 -14 - particularly shown on that certain mdP.• attached to _and made a part of that certain agreement entered into between William A.Wallsoe, of Weld County, State of Colorado, party of the first part, and D.H.Dougan and P. V. Carlin, both of the City End County of Denver, State of Colorado, parties of the second part, which contract is dated. August 25th, 1905, And recdrded July 24th, 19'GS in Book 201, at Page 406 of the records of ,Weld County, -Colorado, said map being Made a - par -t of this. deed, and tyo which reference is hereby had for a more particular description of the premises hereby conveyed. ALSO, The right of ingress and egrede grow the County road on the North aide of said Section Seven (7) to the said reservoir not to exceed Sixteen (16) feet in width along the west side off- said Section Sovon (7) provided said road le not to be fended, and sates to be maintained at all.' times by the party of the second part ( the:Farmers Reservoir and Irrigation Company) , such gates to. be °pe leed and closed by tho partied using the name; also a right of way fqr inlets and outlets to and from said roeervoir across 'the Southeast Quarter (Si) of said Section Twelve (12) and all of said Section Seven (7) aforesaid, it being intended to hereby convey end quit -claim all the laud's, property, rights and privileges granted to the said D.B.Dougan and P.V.carlin sin and by that certain deed made by William A.Wallaceti of 'port Lupton, won County, Colorado,, died June let, t9051 and recorded on the 4th day of Juno , A.\De-1908, in the oteice of the County Clerk and 'Recorder of Weld County, in Book No. 27B, Page 517, subject, however, to the reservation in favor of. the said William A.VPallaae, his heirs and assigns in the said last named deed contained. ALSO, `All teat part of the Southeast tcuarter (SSj of Section Twe1vc ,(12) , Township . One (1) North, Range Sixty-six (66).West West now covered or to be covered by thewaters of that certain Reservoir known and called _,the :'' Dougea Reservoir" up to the high water line there&f; also a right of way Fifty (50) . feat in width outside of said high water line, and following - the contour of :said water line around said reservoir within said SoutheAst Quarter (S) of Section Twelve (12), said high water line being more particularly shown on that certain map (attached to and made a part of that certain agreement entered into between William A. Wallace,. of Weld, County, State of Colorado, party of the ,first pert_, and D.B.Dougan and P.V. Carlin, both of- the Cite' and flaunty of. Denver, State of Colorado,, parties of the second part, 'Which contract is dated August 25th, 1905, and recorded. July 24th, 1908 in Book 261, at 'Page 406 of the records of Weld County, Colorado, said map being made a part of this deed, and to which reference- is hereby had for a more particular description of the premised hereby con.vey0d. - ALSO, All. the rlSght, title and int ere et which -The Eudson Land Company way have_in and to the Reservoir, known as" ougez; Reservoir", located in Section Seven (7)„,,Township township One (1) North, Range Sixty-five (6$) Wet and Section Twelve (12) , Township One (1) North, Range Sixty-six (66) West, and all filings and decreed therefor and any title end interest it may have in and t'o the land upon which the sfid Reservoir is located. ALSO, All the right, title andinterest which The Hudson Land Company may have, in and to the Reservoir, known as the " Carli,}n Reser(voir", located in Section Nineteen 09), Township Two (2) North, Range Sixty-five (65) West, and all water rights, filings and decrees therefor, and particularly all the rights acquired by virtue of that certain map and statement filed in the office of the State Engineer, on the 31st day of March, A.D. 1905, add designated as ", 'Map of Carlin Re.eervoir", to which referende is hereby made for a more particular description of the premises hurreby conveyed* _ ALSO-, 411 the .right:, title and (interest _in and to all rights of way and easements, water rights and, rights to water, whether evidenced by filings, decrees or appropriationa, title td which was acquired through the following. mentioned Deeds; it being expressly under- stood that all water rights represented by stock 3r;• ;ditch companies are reserved from this conveyance. Graht or Date Date of Record Book Page County Jasper N.Bowles Jasper -N.BOWles Carrie (M.Bawles Jasper $.Bowles 8e H.L' •Bowles Jasper N.Bowles Jasper N.Bowles :, Henry b.Bowlea Patriek V. Carlin ( National Bank of Commerce in Denver , May 25, 1908 Bowles-B'utfe Irrigated Land CoApril 14,11908 J. S. Brown , Nov.l,( 1909 The J.A. Ferguson Investment CoOct. 18, 1906 D. H. Dougan and P.V. Car]rin June 27,1908 R. V. Carlin and D.B`. Dougan June 4, 1906 Jasper N.Bowlea ... April 14, 1906 flowles-Butte Irrigated Land Co. April 14* 1906 Do April 17, 1909' Jasper N.Bowles . April 17, 19x8 Beesie B. Roster &John M. Foster June. 25, 1.` 0.3 April 14, 1906 May. ,15, 1908 April 14, 1906 { April .•14, 1908 ( April 15, 1905 Sept.15, 1909 .1 April, ..14, 190e : May 25, 1908 ( May 12,190S May 18,, 1908 April ≥3,1908 230 280 250 April 28, 1906 -2K0 April 23, 1905 0130 .Sept• 1&,1909 311 April 26, 190 280 June 6, 1908 , 280 June 63190e, A pril 23, 1,900 Dec. 6, 1909 Oct. 21, 19P5 July 24,1908 June 6r. 1C$ April , 1908 April 29, 1908 April 29, 1908 ail 29, 1906 July 1, 1908 97 Weld - 118 Weld 397 Weld 31. Weld 30' Weld 146 Weld 32 Weld 215 Weld 233 421 Weld 233 416 Weld 316 66 Weld 233 438 wend 23 250 32 35 35 32.. 33 11.6 Weld 429 geld 561 Adams 31 Adams 30 Adams 562 Adams 315 Adams SKLD, Inc. SKL14073 WE 208151-1914.005 287 ALSO, all of the right, title and interest of THE RunsoN Land Company in and to the water rights appurtenant to the following Reservoirs, as evidenced by the'filing iying . in the State Engineer's office, or C. otherwise, as follows: ' a Bottles Reservoir No, 1, Bowles Reservoir No. 2, Henry Lake, Geneva Lake, Mildred Lake, aEast-Line Renervoi.r, Olsike Raeervolr,a autsofl Reservoir, Meek Reservoir No. 1, Meek Reaervoir 1o. 2, Fpeter No, 1 Reservoir, Poster No. 2 Reservoir, Ferguson Reservoir, Carlin Reservoir, Do Reservoir, °rata Lake, Curtis Seepage Diten running from the Southwest quarter (Sto ) or Section Fourteen (14) to Scotian One (1) , Tewnehip One (1) , South, Range Sixty -sit (661 West, , excepting ?artrfive (45) inc*oe of Water therefrom, Meek_Seepage Ditch, togotheir with shy and all other water rights, ditWrights or reservoir rights which .'The Eudson Land Company now ovine, or title to which The Hudson Land Company may hereafter acquire by reason of any contract, or escrow now existing. . ALSO, All other ease ntu, or_ rights of way for ditches, or reservoirs, title to which As new in The Hudson Land Company, or title to which The Hudson Land Company may acquire tb7 reason of any °entract, or escrow now Sxieting, provided, however, that in cane of abandonment of any ditch, or reservoir right of way, or' saSement for the eame3 for a period of two consecutive years, the title to said ditch right or way, or reservoir 'right of way, or easement for the same, shall revert to The Hudson Land' Company , its successors or assigns. So ALSO, All that part of tAe South Half (s) or Section Ten (10) , Township Three (3) North, Range Sixty-five (65) West, situate, lying and being East of a line drawn parallel to -and Fifty (50) feet distant to the right of the following described traverse line; BEGINNING at a point in the East and West center line of said Section Ten (10) , Eleven Hundred'Thirtyeeight (1136) feet East of the West Quarter_oorner thereof; Thence south %°00' East 54S feet; Thence South d7°27' East 190 feet; thenoe South 16'19' West 160 feet; thence South 17°59' East 300 feet; thence South 05°33' East 260 feet;- thence South °10' W'oat240- feet; thenoo South 06°06'' West 175 feet; thence South 40°14' West 210 feet; thence South 19°55' West 260 feet; thenoe South 36°Ox.' West 135 feet; thenoe south 6-ja51' West 1_SO feet; thence South $6'211 West 515 feet; thenoe Sout - 54.41' West 160 feet; thence South 08°29' West 195 feet, to a point in the South line of said Section. Ten (10, Two Hundred Sixty (260) feet East of the Southwest corner,of of said Section Ten (10) , OON'TAINING Two Hundred Sixty and Forty-two One -Hundredths (260.42) acres, which said Two Hundred Sixty and Fortyetwo Ono —Hundredths (260.42) acres constitute a part of what is known as MILTON LAKE site. ALSO, all that part of the' Soutt Raif(S4) of Seoti.on Eleven (11) , Township Three (3) North, Range Sixty-five (65) West, situate, lying and being West of a line drawn parallel to and Fifty (50) feet distant to the right of (tile fondling described traverse line: BINNING at a point in.the the South line of said Section Eleven (11) , Twelve Hundred Ninety`aeven (1 7) feet Ylest of the Southeast cenner thereof; thenoe North 60°51' East 30 feet; thence North 16°4' East 671.6 feet; thence North 46°36' East '5 6.7 feet; thence North 75°10' West 1475 eet; thence `dun: North 1200 feet, to a point in the East and West center line of said Section Eleven (11) , Twenty-one Hundred Five (2105) feet West of the East Quarter corner of said Section Eleven (11). CONTAINING Pwc. Hundred Twentyrei; and Seven=teen One -Hundredths (226.17) scree, which said Two Hundred Twenty-six and Seventeen One -Hundredths (225.17) sores constitute a part of what is known as MILTON LAKE site. ALSO, All that part of the Wont Half (W) of the Southeast Quarter (Si) , and all that part of the Northeast Quarter ,(N) of Section Fourteen (14)% Township Three (3'); North, Range .Sixty-five (65) West, situate, lying and being West or North and west of a line drawn parallel to and Fifty. (50) feet distant to the rfight of the following described traverse line: BEGINNING at a point Four Hundred Twenty (420) feet North of the South Quarter corner of said Section Fourteen (14) ; thence North 27°36' East 153 feet; thence North 00°11' East 200 feet;.thenoe thenoe North 21°23' East 265 feet; thence North O1°23' West 555 feet; thence Narth.25°1.0' East 250 feet; tronce,.. South 62'07' East 230 feet; thence South 71°44' East 250 feet; thence North 40°52' East 220 feet; tiionue North 25°0't' East 290 feet; thence North 40'(471 East 240 feet; thence North 64°31' East 220 feet; thence North 10'571 West 275 feet, I ( a point in the East and West center line of said Section Fourteen. (14) Thirteen Hundred Nidety (1390) feet West of the East Quarter corner thereof;) thenoe l North 03'56' West 1 5 thence orth 51 °55' West 3 '� feet; � 370 feet; thence North 11°41' East 600 feet; thence North 34°13" East 530 feet; thence South 84°51' Emit 400 feet; thence North 27°39' West 620 feet; thenoe North 44°55' West 500 foot; thence North 09°33' West 325 feet; thence North 60'51' East 325 Not; a' point in the North line of said Section Fourteen (14) , Twelve Hundred Ninety-seven (1297) feet West of the Northeast corner thereof. • SKID, Inc. SKL14073 WE 208151-1914.006 288 to r- i� � � - n •l_tzi � a'Ri�wc�R's..'- CONTAINING One Hundred Ten and. Sixty-two One -Hundredths acres, which said One Hundred Ten and Sixty-two ONe-Hundredths (110.62) , a,ores constitute a part of what is known as MILTON LAKE site. ALSO, All that part of 5eation Twent -two (22) , Township Three (3) North, Range Sixtr five (65) West; situate, lying and. being Northeast of a line drawn parallel to and Fifty (50) feet di©tant to the right Of the f011owIng described traverse linep ' r 'BEGI.NNING at a point in the North,iine of said Section Twenty-two (22), Nine Hundred Fifty-six and Eight -Tenths (956.$) feet East of the Northwest corner thereof; - thence South 21°35' East 8'25 feet; thence South °O6' East 370 feet; thence South 22'10' East 525 feet; thence- South 14'56' East 605 feet; thence South 24°121 West 530 feet; thence North 82°51' meet 265 feet; thence North 39°22' West 93 feet; thence North 69°30' West 440 fest; thence South 14°54" East 375 feet; thenoe South 56,1)43' East 450 feet; thence South 29°32' East 500 feet; thence South 61°34► East 560 feet; thence South 56°05' East 721.9 feet; thence North. 7415` east 348.1 feet; thenoe North 34°27' Stet 405 feet; thence North 43°30' East'445 445 feet; thence North 47'46 Eaet'270 feet; thence North 45°40' East 2ffp feet; thence South 60 °2e' East 435 feet thane* North 09°57' Sett 445 feet.; thence South 48" 56' 'East 2135 feet; thece .north 54°52' East 210 teat; thence South 37'36' East 440 feet; thence South 46 °44' East 381 feet, a point in the East line of said Section Twenty-two (22), Eighteen Hundred Sixty (1860) feet North of the Southeast corner thereof. ' II CONTAINING Three Hundred Twenty-six end Fortyrfive ne-!undredths (326.45) acres, which said Three'Hundred Twenty Six and Fotty-five' One Hundredths: (3', ,45) sores constitute a part n of what is known as MILTON LAKE ,site. • West. . l 1 � ALSO - the whole of Section Fifteen (15), Townshi Three • ,' p (3) North; Range Sixty—five ive (65) n ALSO, the West Half(w) of Section Fourteen (14), Township Three (3) North, Range Sixty-five West. ALSO, a strip of land through, linen, ova and across the Northeast Quarter (N r*) or Section Fourteen (14), Township Three (3) North, Range Sixty-five (65) West; said strip of land being Pietro -five (55) feet wide, extending Twenty-five (25) feet right and Thirty (30) feet left or the venter' line of the(NERES CANAL, which_, said center line passes through the points of the following described traverse line, and varies not more than Eight (8) feet from the lines connecting said points, said traverse line being `desoribed as follows , toiwit: r.. BEGINNING at a point in the line between Sections Thirteen (13) and Fourteen. (14) , Township "Three (3) North, Range Sixty; -five (65) West, Your Hundred Pittrono l'(451) feet North of the Quarter corner between said Sections Thirteen (13) ' and Pourtcon (14) , said point being designated as Station 244+40; thence North 28°03' West 6O4.7,,feet to Station 250150; thence North 40°26' East :W1.8 feet to Station 252e5dj thence North 17°30' West 53`.3 feet to Station 25St00; .thence North 29°a4' 4' Ernst 500 feet to Station 263-x00; thence Worth 07°25' -East 197.4 feet to Station 265x00; - thenee North 03°36' West 454.1 feet to Station 269753.5, a point in the hive between Sections Eleven (11) and Fourteen (14),,One One Hundred 'One (101) feet West of the ,corner to Sections Eleven (11) , Twelve e(12) , Thirteen (13) and Fourteen (14) , Township Three (3) North,( Range Sixty five (G5Y West. CONTAINING Three and Eighteen One -Hundredths (3.18) acres. ' ALSO, a strip of land for the WEST BRANCH OF SHE NERES CANAL trough, upon, over and acroea the East Ern ( )o of the Southeast Quarter (SF) et Ski non Eleven (ii) , Township Three (3) North, Pange :Sixty --five (65) West, said strip of lend being Piftrfive (5'5)' feet wide, extending Twenty-five (25) feet right and Thirty (30) feat left of the ,center line of the said WEST BRANOD OP THE NOES CANAL, as actually constructed,, and contains Twee and Fifty- three One -'Hundredths (3.53) acres. p Said center line intersects the boundary line between sa'i'd Seonion Eleven (11) and Section Fourteen (14)t same Township and Range, One Hundred One (101) feet West of the Southeast corner or paid ASeot Snort Eleven (11) , and ie Station ,269153.5 of the survey of the WEST BRANCH OF THE NERES CANAL, and which neicfeeen.ter line intersects the boundary' line between the Northeast Quarter (NEVI )I the Southeast Quarter (SW of said Section Eleven (11) , . Eegat Hundred Sixty-five 0665) feet West of the Eastr ,uartor corner or said Section Eleven (11), which point is Station 297e45 of th'e survey of the safe WEST BRANCH OF THE NERES CANAL. TO HAVE AND TO HOLD THE Sq E, Tog'ethar, with all and singular the appurtanonnes and. privil@ es thereunto belonging ging or in azvrriee thereunto appertsinirg, and all the estate, right, •.title, interest and claim Whatsoever, or the said party of the first part, either in law or equity,, to the only proper use, benefit 'en,d behoof of the, said party of the Second -part, its sucoessori and assigns forever. �e e IN WITNESS WHEREOF, The said party of the first part has caused its corporate name t -o hereunto _sueecribed by its President and its Vice President, and its corporate seal to hereunto affixed, attested by Its Secretary, the day and year first above written. SKLD, Inc. SKL14073 WE 208151-1914.007 289 NO. 208151. CamasFaa av W000Run & AWiiv Filed for record at 9 o' cloth Attest: 0 . J $tand1e v. STATE OF NEW YORK ',COUNTY OF Secretary. } 7 NEW YORK) STATE OF (LORADO, 58• THE H'EIDSON LANMPANY S. 40647-474-0164)--1-4e4- By ._ Milton Smith Vice President • I, A.M.Lindenstruth a Notary Publia in and for said New York County, in the State aforesaid, do hereby certify that W. E.Goldsborough, who is personally known to me to be the same person whose name is subscribed to the foregoing QUIT -CLAIM DEED as having executed the same as President of THE HUDSON LAND COMPANY, a corporation, appeared before me this day in person and acknowledged: That the seal affixed to the foregoing instrument is the corporate seal of said corporation; that the same was thereunto affixed by the authority of said corporation; that said instrument was by like authority subscribed with its tiorporata name; that the said R.E. Goldsborough. was the President of said corporation at the time of the execution of said QUIT -CLAIM DEED; that by the authority of said oorpora— tion he subscribed -his name thereunto as President;. that he signed, sealed and delivered the said instrument of writing as his free and voluntary act and deed and as the free/ and voluntary act and deed of said corporation, for the use's and purposes therein set forth. Given under my hand and... I ....seal, thie 9th day of 0 ctober _A.D. 1914. My commission expires March 30th 1916 ss. CITY AND COUNTY OF DENVER ) A.M.L indenstruth Notary Public, Westchester County, Certificate filed( in New York County No`. 45 New York Register's No. 6118 .. . I, May Stewart, a Notary Publt`O in and for said -City and Dou sty, in the State ifbreaaid, do hereby certify that MILTON SMITH and Ta.btandley, who ere personally known to me to be the same porno6 Vrhoae =11'0i are subscribed to the foregoing QUIT-eCl/AIM DEED as haying executed the same respectively as Vice -President -and Secretary of TPE HUDSON LAND OOMPANY, a corporation, and who are known to me to have been such officers respectively at the time of the execution of tho foregoing QUIT -CLAIM DEED, appeared before me this day in person and respectively acknowledged: That the seal affixed to the foregoing instrument -is the corporate seal of said corporation; that the aam? was there -unto affixed by the authority of said corporation; that said -instrument was by like - authority subscribed with its corporate name; that the said MILTON SMITH waa the Vice President of said corporation and the said O.J.Standley was: the Secretary thereof at the time of the execution of the said foregoing QUIT --CLANG SEED; that by the authority of said corporation they respectively subscribed their names thereunto as Vice President and Secretary, and that they signed, sealed and delivered the said instrument of writing as their free and voluntary act and deed, and as the free and voluntary act and deed of said corporation, for the uses and (purposes therein set forth, Given under rmy hand arrd notarial • seal, this 14th day of August Am De 1914• (My commission expires Nov. 13, 1915 May Stewart • Notary Public. A.M., Dec_lith, 1914, _ J- E Snook Recorder. • W H Delbridge ( Deputy. xxxnxxxCXxxxxxxxXXXXKXxxxxxxxxxxxxXXXXXXXXX.xXXXXXxxxxxxxXXXXXXKXKXXXXXXXXXXXXXXXxxxnXXKXxxrXXX SKLD, Inc. SKL14073 WE 208151-1914.008 W AR2008616 ■ • 9 Recorded at o'clock >id., Reception No. _ _ _ Recorder. QUIT CLAIM DEED BEEBE DRAW CATTLE CO., a Colorado Limited Partnership whose address is 1551 Latimer Street, Suite 2706, Denver, Colorado 80202, City & County of Denver , and State of Colorado for the consideration of *** Ten ($10.00) *** Dollars, in hand paid, a a hereby sell(s) and quit clalm(s) to FARMERS RESERVOIR AND IRRIGATION COMPANY whose address is 80 South 27th Avenue, Brighton, Colorado 80601 County of Adams , and State of Colorado , the following real property, in the County of Weld *AndStateofColorado, to wit: An easement for a ditch right -of -sway, more particularly described on Exhibit "A", attached hereto and made a part hereof, B 1068 REC 02008616 05/07/85 10:10 $6.00 1/002 F 0543 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO o nowwoo-elinett number with all its appurtenances Signed this 3a0 day of May STATE OF COLORADO, County of aseetrometi The fore or .BEEBE D 1985 BEER DRAW CA By: E CO. • �; Colorado • • nrrship ter 1= ur'', Genet P rtu 1SS. oing instrument was acicnrwlcd ed before me in the , State of & , this .19 ' by Morris Burk, as General Partner CATTLE CO., a Colorado Limited Partnership: - •fir '� l f y li ♦ - . ■� : i* 3; i a f • /417 #r ..•0 OF O%* No. 1408. R,ev. 1-04. qurr CLAIM DECD Olen Wrrnl r •I of • County day f.... ..>_ e r slag Polk • • 80 3,27th A Britt, Ceti r . •yi ■• Malkrd lestitiNbing. 5K?5 W. MN A+e . L „d. CO kteu -- iXIJI :.11.900 a Ti bits•.. . SOS r • No • :r •-f . f . • 7 ' a SKLD, Inc. SKL14073 WE 2006616-1985.001 • • • K B 1068 REC 02008616 05/07/85 10:10 $6.00 2/002 F 0544 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO fl •. 1 . • • a alR. •_ *s r .I t••7 a re EL4UE ViltLEY LEGAL OESCRIPTIION • • EXHIBIT • .1 S '.• -• •r . ■ • - t•- • T• e A STRIP Cr LAND LOCATED IN SECTIMI TO4*58TP 3 titATH, Rr'iCE 65 WEST Off THE SIXTH PRINCIPAL ICR1DLRN# WELD CCLNIY, COLO QO, Fe t PIE PURPOSE OF OPERATING Alb MAPNTA1NI!' G AN IRRIGATION Ot\NAS• SAID MP. LYING 60.00 FEET EAST AND 70* 00 FEET WEST OF THE CENTERLINE 4F me PLATTt VNJ FT Cam, £*SCRIOQ AS fDLLAWS : BEGINNING AT THE t,>)RINHEAsT C l (NE CUR.) OF SAID SECTION 4, MD C IDER:NG THE NORTH LINE OF SAID 5EGTICU 4 To BEAR SOUTH S'9Q57`41' WtST WITH ALL CEAkINO5 HEREIN 1ZLTYVt THERETO: nmeNCE SOUTH 8903114I" I 5T 1808.74 tEE1 TO THE INTERSECTION T E CENTERLINE OF PLATTE iE VALLEY CANALJahn THE NORTH LIFE OF SAID SECTION 4, ALSO BEING THE TRH POINT OF 6EG I *i t'C THENCE ALONG THE CENTERLINE OF 7HE PLATTE VALLEY CANAL BY 211E FOLLOWING 34 COtR5ES: 1 - S 03°40'57' W, 12.96'; 2 - S 10°09'07' W, 45.49'; 3 - S 27°0x'47' W, 281.89'; 4 - S 35°02'43" W, 129.95'; S - S 46°24'26" W, 113.95'; 6 - 5 8705842" 1d, 114.411; 7 - 158.51 FEET ALONG THE ARC OP A CURVE TO THE LEFTI AAY t t CENTRAL TRAL ANGLE OF 43O14'52u AND A RADIUS OF 210.00 FEET; 8 - $ 24°41'101 W, 39.72'; 9 - 258.'+5 FEET ALOM THE MC OF A CURVE TO THE LErT HAVING A CENThAL-•TANGLE OF 68°10108" ALSO A R,A D I US OF 717.23 FEET; 10 - S 43°28'58" E, 159.97'; 11 - 69.50 FEET ALONG THE ARC OF A CURVE TO THE RIOil, HAVING A CENTRAL ANGLE OF 48°38111" AND A RADIUS OF 81.98 FEET; 12 — S 05°09'12" Wd, 19,20'; 13 — 117.95 FEETALD6G THE MC OF A CURVE TO TUE RIGHT HAVING A CENTRAL AatLE 01= 25054'10" ANDA RADIUS OF 260.9D FEET; 14 — S 31°03'22" id, 130.58'; 15 - 5 09°40'40" W, 95.26'; 16 — S 03°11'43" E, 116.07'; 17 — 114.85 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A C r'vat OF 36°30'36" AND A RADIUS OF 180.2"4 FEET; 18 — S 39°42'18" E, 116.57'; • • • •-• 414 • .. 19 — 90.93 FEET Ateck `•' ME ARC °FAMINE CLIME TO THE LEFT„ IIAVIIG A CENTRAL /ALE OP #S" 2z 31""AND A RADIUS OF 1144.32 FM; 20 - S 85°04'50" 6, 170.71'; • 21 - 151,01 Fee ALOric lose NEC OP A OLAVEs To Dt RIGHT, HAVING A CENTRAL ANGLE OF 61029,31 " AND A RADIUS OP 126,35 FEET; 22 - S 16°35'19" E, 120.991; 23 - 196.66 FEET ALONG THE ARC OF A COIRVE TO THE R i GHT HA'V I NG A CENTRAL ANGLE OF 25°35207" NV A RADIUS OF '440.41 FEET; 24 s 08059'48P W, 101.24'; 25 - 251.82 FEET ALONG THE ARC OF A CL$tW TO THE LEFT WN i NG A CENTRAL AM LE OF 59°32610" AID A RADIUS OF 242.34 k tT; 26 - S 51)1'32021" E, 149.58'; 27 - S 67°37'35" E, 82.75'; 28 - 188.32 FEET ALONG THE ARC OP A CLEVE TD THE LEFT HAVING A CENTRAL ANGLE OF 36009'27" Atop A RADIUS Or 295.25 FEET; 29 5 31°28'08" E, 491.731; 30 - 5 30°42'09" E, 20.00'; 31 - S 111°2S'0I1" I, 52.65'; 32 re. 95.05 FEET Ate THE ARC OF A CURVE TO TIE LEFT, NAMING A CENTRAL ANGLE OF 23°' 19' S B" AID A I US Or 22.8.50 FEET;. 33 — S 33045.06"-E, 94.7,03 34 : S 311027'03" $2.60.110 ME FOUR` OF TERMINATION - AT THE Ma{ H ttR UNR OP MILTON ReSIDWOM. ' • • 4 • • •r •- . 7 - i 1 - • • 1• '114 - • • s. • „• , • .. • •t. ._• j •• • ' •e•• I,; A • ♦ ' I i. _ t ♦ • . • • •• • i r - k flv_ at •• S `• ` • •- •.rte`'* r . q J r - • - • at, a '-2 :4•010!" l.r - - - I • •• , • .•1 • - • • • _ . _ _ • r, _ •,.•1 w •• wa • •• w • u •• {f 1�• • _ ••, •• � I -_ • • • •- a • ' • • a1. s • t - •••' a - . - • 1 •• • " • ", - • • IN o , . • • ! • •• '4 ce` ti • -• - . r . •• •. .. N.• • + Y r•$ 1 f0- 21a i . " 4L 041. :a•• ••• El i• :f. 5 • a • • 1,1;) J - • a •a,'. • 1 + : i r• • • * • • •o a e y • .45 •Ri 3 .• - •,e• - •0 •a• .. - •. - T • • ' ••• } __ , - - • • - - Y . - I _i. • • / • • • • - - a - • a . •• . ,. • ••• • 1 • • •• • • .. • • -' _ ♦ • . • �, 1 • • • - . • � - •••, • •• • 1.: ; • 4 4.. •• 1e ••0•1,•� ••••• ,••. • • •• '1 • • ' • - . •l - • i • . 7 • • • 1, • . • - - ` . • • .. • • . • •' 1i ^ ' • • 1 • - i• - • • - - • • a • ^ S! 1. _ � I 5 , k_- !. •r N• .... • • • • 0- — •. _ - is • $3. .• • •• • 1 - 4 ' _' 1.f • • 1 •• , • 1.4; t a•, `-1 k , •` • :Sr•_ I dr ` .y..\ y •.•w • •,• .' • • - • • • a'• • 14 • r e SKLD, Inc. SKL14073 WE 2008616-1985.002 AR2006b19 Recorded al o'clock M_. Reception No. THIS DEED, Made this: between day of May i; Recorder. QUIT CLAIM DEED TOW FARMERS RESERVOIR AND IRRIGATION COMPANY a ctrperation duly organized and existing under and by virtue of dig laws% of the State ttiColorrdu. grantor. and BEEBE DRAW CATTLE COMPANY %h t.e legal addres i+ 1551 Larimer Street, Suite 2706, Denver, Colorado 80202 it tttc City and • County or Denver c : WITNFISTTN. That the gnestar, for and in rowl• :ratitm of the shat of VOLLA. S. the receipt and sufficiency y of which i bentby ;wIninced:cd. lac remised. retested. sold. eonteyl.'d and QUIT CLAIMS. and by thaw ° pome Its tines remise. ttlrasc. sell, onnsey and QUIT CLAIM unto thr grantee. Ms heirs and assigns Rure tr.r. all the tight. title, ,meet4, claim and demand which the granmr has in and w die mat pntcny together w irh improvements. It any. situate. lying and living in the Conroy or Weld and State of Colorado. described as fiaWt.= ;That certain tract of land more particularly described of Exhibit "At:' attached hereto and made a part hereof. . Slate ter Colorado. gtontece. rt l First Party reserves to itself, however, the right to store water in Milton Reservoir up to gage height 39.5 feet, thus flooding a portion of the property above described. Second Party is hereby granted the right, at its sole expense, but using borrow material from First Party's property in location acceptable to First Party, to construct such dikes as may be necessary, or desirable to contain all waters in Milton Lake to gage height 39.5 feet on First Party's premises. it is further recognized by the parties that a fence now exists which, after the exchange of deeds, will enclose a portion of Second Party's property within the perimeter of First Party's property. Said fence shall not be deemed to determine the party's respective boundaries and shall form no basis for any future claim to title by adverse possession or otherwise. Second Party sbod. at ale times have the right, at its sole cost and expense, to relocate said fence to the actual property boundsry bettreen` the pate r$. r B 1068 REC 02008619 05/07/85 10;14 $6.00 1/002 F 0559 MARY ANN FEUERSTEIN CLERK a RECORDER MELD CO. Co atmsLatent eIyttrottrid rarort.e:Ht l 2V WI ffOLD the same. topsher a ith all and sinpuldr the apputtenancc% and prickles dxttintto Winging. or in.astrise arrant* nt* .� apir. right. tick. intenst and Claim w habttcur loft gr..unt r eithh car In law or equity. to the only peeper sec. benefit aril ! u�r ufthr putted. T�tw and arsien. ft.rrstx. The singular number .hall include the plural. the plural the singular and the use of any g eode.t .' a Ai /Iii] bt3p ac to art r: cf> ' _ lii� 1, ° ti4 be't rsnrtr lt:r+ Cau.ed in auroras Ira to he hen unto.uMcpbed bV itsri—I ac eg. arrested by its 5chael-rry. the day and oar first abut written. ''1141�tti��►�* rititenta...) Ptesideat. and its FARMERS RESERVOIR AND IRkIO i:TI COME Bandidati 3 ATE. tW l9LM _ Gmy of ru The fsrepoingiastrtmtent opts s into dad bcfwe me to sere „ County of C'chsrrtlo. this - wittit .Liza .19 IS . by Albert Sack ' p[esial,.-mardl coos ycaton Sermbry cd the Farmers Reservoir and Irrigation Company i5 'mop etion estiture : Ws -049 5- _ c scat i.0 grAstivoit • r ! tf. `. iscitiettorisalt-- • A.. -.off-i.- `. - No. i l QL°IT CLAIM Deeds { c•„r„� j •e . .. is aMMEMBIS d :"..laeorprention. d� NO* OdoiMSr60E91 kt.1� 'nt PNb!hSag. SA:.i W. t+llt Asa , Lakoto d. CO KEN --'_3031 33.84100 I U. a' SKLD, Inc. 8KL14073 WE 2008619-1985.001 1068 REC 02008619 05/07/85 10:14 $6.00 2/002. 0560 MARY ANN FEUERSTEIN CLERK & RECORDER WELD: CO, CO A PART OF THE WEST HALF OF THE WEST HALF (W RANGE 65 W3ST OF THE 6TH PRINCIPAL MERIDIAN DESCR I BED AS FOLLOWS: BEGFNNING AT THE SOUTH4EST CORNER (SW CDR.) OF SECTION 15, ALSO TI -f TRUE POINT OF BEtINNING, AND CONSIDERING THE WEST LINE OF SAID SECTION 15 TO SEAR NORTH 00°41' 51". T' WITH .L OTHER SEAR INGS RELATIVE 11 E.LTO; SKID, Inc. SKL14O73 WE 2O08619-1985.OO2 AR2008b20 Recorded it Reception No. - _ knot ?fa QUIT CLAIM DEED BEEBE DRAW CATTLE CO., a Colorado Limited Partnership whose address is 1551 Latimer Street, Suite 2706, Denver, Colorado 8020 City and County of Denver , and State of Colorado , for the consideration of the exchange of deeds Dollars, in hand paid, hereby sells) and quit claire(s) to FARMERS RESERVOIR AND IRRIGATION COMPANY whose address is 6O South 27th Avenue, Brighton, Colorado 80604. - County of Adams , and State of Colorado , the following real property, in the County of Weld , and State of Colorado, to wit: That certain property more particularly described on Exhibit "A" attached hereto and made a part hereof. B 1068 REC 02008620 05/07/85 10:15 $6.00 1/002. F 0561 MARY ANN FEUERSTEIN CLERK a RECORDER, WELD' COI CO*_ also known as she a and number with all its appurtenances Signed this ;go day of 'yw By: STATE OF COLORADO, County of alletraa.) ,19fitcs • • • J Y • 1• ,. • ri 1 . • f. • • • t 1 • 0: I . *=S •, • ; 4.0 • I. • S. e • • I♦ 1"I • • 1 4 4. a s, • - • &i II I , 4.,..- if !C/ I - _ ' ak s : . I r w .2ft f • ' t ♦ • ti R. The fo ang instrument was acknowled before me in the County of aa- , State of I a , this -3day of i-nti,19 rye, by Morris Burk as General Partner of S -DPW CO., a Colorado Limited artnerohip. be t * V et oo wii bi , Av• tomT f•.rrf g: - . ��.. I 80 & 271hvenue u 13 Ocerc? OF cot, No. 888. Rev. 144. QUIT CLAIM DEED Mari tonal Isfad Pstrntio q. 352$ W. 6th Ave.. Wawa CO WIN— OM) W16%G 2.1 1 be - • , •* IS •• 4 .4 • 1 SKID, Inc. SK.L14073 WE 2008620-1985.001 e • • • B 1068 REC 02008620 05/07/85 10:15 $6.00 2/002 F 0562 MARY ANN FEDERSTEIN CLERK 6 RECORDER WELD CO, CO EXHIBIT "A" LEGAL DESCRIPTION A TRACT OF LAND WHICH LIES IN THE WEST HALF OF THE WEST HALF (W 1/2, W 1/2) OF SECTION 15' TOWNSHIP 3 NTH RAMIE 65 WEST OF THE 6TH PRINCIPAL MER I D I Aid, WELD COUNTY, COLORADO, ME PARTICULARLY DESCRIBED AS FOLLOWS: ' • COMMENC 1 NG AT THE SOUTHWEST CORNER CSW COR .) OF SECTION 15, AND CONSIDERING Ti-iE SOUTH L I ICE OF SECTION 15 TO BEAR NORTH 89°48'56" EAST, WITH ALL OTHER BEARINGS HEREIN RELATIVE -THERETO:. THENCE NORTH 89°48'56" EAST ALONG THE SOUTH LINE OF SECTION 15, 358.04 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00041'51" WEST,, 2987.61 FEET TO A POINT OF INTERSECTION OF AN ELEVATION EQUIVALENT TO GAUGE ROD 39.5 AT MILTON RESERVOIR, HEREAFTER REFERRED TO AS GAUGE ROD 39.5;. x THENCE ALONG SAID GAUGE 39.5 ON THE WEST SIDE OF MILTON RESERVOIR THE FOLLOWI .33C :'• 1 -0 NORTH 59°43'15" EAST, 65445 FEET; 2 -.SOUTH 89°18'05" EAST, 82.01 FEET; 3 a SOUTH 83°20'44" EAST, 1.20.81 FEET; 4 - SOUTH 36°529112" EAST, 75.00 FEET; 5 aSWIM 37°22'51" EAST, 59.36 FEET; 6 - SOUTH 37°31'42" EAST, 174.01 FEET; 7 - NTH 14°34'27" EAST, 154,'99 FEET; 8 - SOUTH 01°08'45," EAST,'. 250.05 FELT;. 9 a SOUTH 30°57' 50" WEST, 58.31 FEET; 10 - SOUTH 88018155" WEST, • 68.03 FEET{; 11.- NORTH 63°26106" WEST, 91.68 FEET; 12 a NORTH 50°57'15" WEST, 231.77 FEU; 13 - SOUTH 10°26'15" EAST, 193.20 FEET; 14 a SOUTH 22°379121I EAST, 299.00 FEET; 15 a SOUTH 07°43'19" WET', 59.54 FEET; 16 - SOUTH 39°01110" EAST, 74.65 FEET; 17 - SOUTH 08°25'10" EAST, 280.02 FEET; 18 SOUTH 28°50'02" WEST, 327,62 FEET; 19 - SOUTH 04°10'14" WEST, 96.25 FEET; 20 - SOUTH 73°50'46" EAST, 150.96 FEET; 21 - SOUTH 73°12'06" WEST, 276.81 FEET; 22 - SOUTH 56°38'01" EAST, 490.92 FEET; 23 - SOUTH 21°37'51" EAST, 311.97 FEET; 24 - SOUTH 16°41'57" WEST, 62.64 FEET; 25 - SOUTH 62°18'52" WEST, 182.95 FEET; 26 - SOUTH 46°17'32" WEST, 94.07 FEET; '7 - SOUTH 26°43'22" EAST, 162.34 FEET; '.S - SOUTH 86028'04" EAST, 81.15 FEET; 7!) - SOUTH 40042'39n EAST, 113.45 FEET; ;t} - NORTH 82°55'25" EAST, 146.11 FEET; 31 - SOUTH 56°41'22" WEST, 167.52 FEET; ≥2 - SOUTH 16°53'12" WEST, 58.52 FEET; 3 - SOUTH 36°45'44" EAST, 11.70 FEET TO THE SOUTH LINE OF SECTION 15; -HENCE SOUTH 89°48'56" WEST, 552.15 FEET TO THE TRUE POINT OF BEGINNING. AID PARCEL CONTAINS 25.49 ACRES MORE OR' LESS. •I • • • 1 • 4• f •,3.• I • i• • .•I- •- !• • •- • • d •i•• • .• v fY•1 —1 , • t • - •• 4 ' ••. • ••i• * -♦ erg . . .'. • • _ • • '• t • I • is- ♦ , ,, • • • • • -a O I -• S. ' • • • •• • • • -“Fr 1 I , • t t• i•• •r #•}4 -; + . • ' ' • i 0, . i ` ! i •'#••`' • ! • • • 10 a ; • • - •� ,• * - . . •• ••Mrs } t,it i� • A• • 'y..1,,. • • • a, . S. j., P. •. i , _ 4' . • ,•,• •• t„4•f fc. - i •• ,+ f • •F•` ♦.•••••• 4'• •-•• • �• �• ,rersal••-O` .. • •+ * -• • R_• • • • c; • ,I ▪ f! !!!.• •! 4 • + • • .• _ , y. • •• • . city■{• • r, a • , • - • ` _I A �• • • • • - •• y - 4 - ' • • • . _•- • • . y • 4 • • • P. T5 ,, • - �. • • • le— ♦ i• • A ■ 114 -1 •- - 9 i • art Y • • *,; • r .• •• • _ - C M • , _ • • - 1 • d i •• _ . • • .•, ' ••_ • , • 1 • I" • ••• • • 4 044. I. ••• ,. r ► ♦ ,e �♦ •• • ••1 • . • l ••i. • 9 - - , a 1'• i ., . • d. • • • •. • ''l•• • ••• •-• 4,•I' .- • ••• •• - r . • • • � ,- •_ •. I I• 'd' t _ai. ♦ •_ • • Ce • 4,4" 10 • . � a04a • ' • • -. •• ▪ .;• • ,i 1 • - • -• - • '1 . I.• -, _. I • •• • .- . •'f._ -, .•t • -; • ♦ • •• • - 1 4 • ' I• • f • _ • • • `- _ • - - - •'1 l'Y• 4 ta t.<<,�. .: 40- a' ti • • 4.I • •e•- • _• 4 " •• IF _ • • CY • • • • I • I • ♦ ,•' • ) •I• , ,• • • • - I Is !�,• • . • j •; - ..,- •+ • w1 • • • a •I • • I, • ;J • • i • • • SKID, Inc. SKL14073 WE 2008620-1985.002 • • .1 • Art2008627 • Recorded nt o'clock M., B 1068 REC 02008627 05/07/85 10:23 $15.00vc:;;.l:x1/005 F 0595 MARY ANN FEDERSTEIN CLERK & RECORDER WELD CO, CO QUIT CLAIM DEED. BEEBE DRAW CATTLE CO., a Colorado Limited Partnership whose address is 1551 Larimer Street Suite 2706, Denver, Col City and County of Denver .an Colorado for the consideration of ** TEN ($10.00) ** fie 0$202 Dollars, in hand paid, hereby sell(s) and quit claims) to FARMERS RESERVOIR AND IRRIGATION COMPANY whose address is 80 South 27th Avenue. Brighton, Colorado 80601 County of property, in the That certain easement and right of way more particularly described on Exhibit "A" attached hereto and made a part hereof. Adams The intent of this deed is to reconfirm only the rights previously granted to the Farmers Reservoir and Irrigation Company by virtue of the instrument attached as Exhibit "A". Grantor does not by this deed or in any other manner assume responsibility or liability for any of the engineering or hydrology.uaed to designate said easements and is in no way responsible for their proper functioning as flood easements. oleo tnown as c e"-ee r*nnbar with all its appurtenances Signed this day of May ,I9 S5• B STATE OP COLORADO, County of etts-rs-s-aj The foregoing instrument was acknowkcd ed before me in the or _ , State of - , this of May , 19 85 by Morris Burk, as General Partner BEEBE E BMW CATTLE CO., a Colorado Lim-ted Partnership. BEE . 1 1 r • $ • 0$ I • 1 DRAW , TTLE C4... a C'a; ited rtnership , and State of Colorado the following real County of , and State of Colorado, to wit: Mo r t oral .g ta, r ' 1 6. ■ i S * ## t u P nt `o ittivi. • eer Olio .' : .1 r — M !.-e•..- Brigham County a ALA_ day of 480601, aalMalMaMMOLIWW No. 898. Rev. l•84. QUIT CLAIM DEED (Short form) Brilfmi Nhtiihthg. 9325 W t4h Air,. lairoxi . n) 10214 — 233-6900 • 244 klirt • •`t, fr • r . • J a 4 1 • 4 p • SKID, Inc. SKL14073 WE 2008627-1985.001 • 4.. • .•♦ • 'r • .. • r • . ,. f • • • r 1 • Set ' 4 -• M '/0 {4 0t 2,«0 F • )062 MARY ANN FEUERSTEIN CLrPIC & RECORDER, WELD CO,: CO B 1068 REC 02008627 05/07/85 10:23 $15.00 2/005 F 0596 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ..rm-rtiT—• a. ::amme-me MT. - - _ • ♦�.- i GRANT OF EASEMENTS AND RIGHTS -OP -WAY KNOW ALL MEN BY THESE PRESENTS. " 1 *4 • • : That Ben R. Houston and Charles D. Alexander, doing business as Aristocrat -Angus Ranch, a co -partnership of the County of Weld, State of Colorado, hereinafter sometimes called`ft "Grantor," for and in consideration of fifteen (15) shares of I ma the capital stock of The Farmers Reservoir and Irrigation Company (stock allocated to Milton Lake Division for water delivery) and • other good and valuable considerations to them hand paid The Farmers Reservoir and Irrigation Company, does hereby grant r - to The Farmers Reservoir and Irrigation Company, A: Colorado cor- poration, hereinafter sometimes called "Grantee," perpetual easements and rights -of -way for the uses and purposes hereinafter set forth in, over and across the lands hereinafter described, located in Weld County, Colorado, as follows; EXCLUSIVE EASEMENT FOR REGULATORY POND An exclusive easement for construction. maintenance and operation of a regulatory pond at or near the terminus of the Evans No. 2 Ditch (English Ditch) for the control and retention of. water and its release or discharge into the Gilmore Canal by Grantee, said perpetual easement being located on, over and across a tract of land in Section 10, Range 65 West, Township 3 North, the imate i I er a. V a boundaries of which are described as follows: approx- Beginning at a point in Section 10,E R 65 W, T 3 N, at a point 1440 feet west and 2650 feet south of the northeast section Corner at a point On the Evans No. 2 Ditch; thence ►N 9OOE, a distance of 230 ft.; thence N 1O00 ft.; thence N 400W, a distance of 1400 feet,; thence S 70°1, a distance of 510 ft.; thence 5 10°E, a distance of 810 to a point on the Evans No. 2 Ditch; thence aroag the Evans NO. 2 Ditch in a southeasterly directio► back • to the point of beginning • • - w+7. .r • • • r I r O ♦ _ N s.:4 . ti • • • 1. i a 3.4 y �r i4 . M ~i•7 4•. `•n ; • • .`.t S :lir ` c;47 r•' zb7'RRRRRRr = x , • + 4.A h1. • r,• • • • • I,. • M I a a SKLD, Inc. SKL14073 WE 2008627-1985.002 • .; • I 1 4 10:31 $12.00 2/004 F 0063 MAIM ANN FEUERSTEIN CLERK & RETORDER WELD CO, CO B 1068 REC 02008627 05/07/85 10:23 $15.00 3/005 F 0597 MARY ANN FEUERSTEIN CLERK 4 RECORDER WELD CO, CO garawas4.• i. FLQWACE EASEMENT FOR THE PLAliFIVALLEY OVERFLOW DISCHARGES An easement for storm overflow discharges from Milton Reservoir, beginning at a point in the Platte Valley Canal lying 1390 ft. north and 890 ft. west of the southwest corner of Section 3, R 65 W, T 3 N: thence 500 ft. either side of the line, N 15°E, a distance of 850 ft.; thence N 3OOW, a distance of 850 ft.; thence N 65°E, - a distance of 850 ft.; thence 300 ft, either side of the line N 20°E, a distance of 1000 ft,; thence N 60OE, a distance of 1200 ft.; thence N 45OE, a distance of 660 ft. to a point on the north line. of Section 3; thence approximately 500 ft. either side of the line that proceeds 2500 ft. east `along - the north line of Section 3 into the marsh which. drains to the Beebe Seep. FLOWAGE EASEMENT FOR RIGHT ABUTMENT EMERGENCY SPILLWAY DISCHARGES FROM MILTON LAKE 1 • • • • • I .1 a . •. An easement for the right abutment spillway discharges beginning at a point on the east -west discharge center line of Section 11 (fence) R 65 W. T 3 N, lying 2275 ft. west of the east section lino; thence 300 ft. either side of the line, N 5030' E, a distance of 440 ft.; thence N 60°W, a distance of 450 ft.; thence N 85OW, a distance of 450 ft., thence an easement tapering from 300 ft. either side to 500 ft. either side of the line N 60°W, a distance of 400 ft.; thence 500 ft. either side of the line, N 60°W, a distance of 1020 ft.; ending in. the Beebe Seep. FLOWAGE EASEMENT FOR SURFACE LIMITING SPILLWAY DI " AR.GES 'ROE! MILTON LAKE 4 • • An easement for spillway construction maintenance and flood discharges, lying SO ft. either side of a line beginning at a point 1120 ft. west and;2277 ft. south of the northeast corner of Section 10, R 65 W, T 3 N, and further described as a point lying 45 f t . N 27°15' E of Milton Dam Crest Station -58+53; from this point N 27°15' E, a distance of 210_ft.: thence N 22°45' W, a distance of 110 ft.; thence - N 47°45' W, a distance of 260 ft.; thence N 22°45' W,4: a distance of 240 ft.; thence N 22O15' E, a distance of 200 f t . to a point lying in the Evans ` Noo2 Ditch. R • :41 4 { r ti 1 . `j ''((�r``�� * f T/. 1 fix^ • DTI • try i • a r M •1. • f r 1 s • ; . 1 4 1, • , • • , . • . • 1 t' ti ° • a. • a Vt a :Isr•-41t• r: _ .. , .. . . .. •. ., C r fr .ii St . 1 y - < v'� ter ar, r r.- - tip♦♦ 1 „- ' " • ' .14 — to ill t ' •a I .• r.Yy �.:v • • • • • �. •. • , T , 4 J , S • •4 i 1 C-. a SKID, Inc. SKL14073 WE 2008627-1985.003 u • f • F 0064 MARY ANN FEUERSIEIN CLERK & RECORDER WELD CO, CO B 1068 REC 02008621 05/07/85 10:23 $15.00 4/005 F 0598 MARY ANN PEIJERSTEITT CLERK & • DER WELD CO, CO Grantor warrants and represents that it is the owner in fee simple of the lands to be affected by the aforesaid easements, free and clear of all liens or encumbrances except that certain encumbrance recorded in Book665 _ at Reception No. 158680. of the records in the office of the Clerk and Recorder, Weld County, Colorado, and as to such encumbrance Grantor agrees to obtain a subordination agreement consenting to the afore- said easement grants. 4% ♦1 a 11k. Grantor further by these presents does grant to E • Grantee the rights of ingress and egress in, over and across • • a _ .• •- 4 • Grantor's lands for the purpose of constructing, maintaining and operating any and all structures and facilities incident to the full enjoyment of the aforesaid easements provided, however, that such rights of ingress and egress shall be limited to that which is reasonably necessary and which will least interfere with or impair the use of the lands by said Grantor. It is agreed and understood that nothing ,herein 1 . s 4 1 n _•• •. 1. i contained shall constitute a release or discharge of The, Pagmere • •-- ti • •- Reservoir and Irrigation Company for injury or damage .to perioli • 1• a ♦ ' n 4 1 •— a I. •-.� . r • . , or property resulting from its negligence in the use and enjoy ment of said easements or rights -of -way. • It is understood and agreed that this Grant shall be binding upon and shall inure to the benefit of the heirs, representatives successors and assigns of the parties- hereto.. Executed this _AB_ day 3 t of October, A'.D.1 , .1975.: ! ARISTOCRAT-ANGUS RANCH, a co --partnership 4 Ben R. Houston Generat)PaEtfeiiii� e fee 1 • • • •.i • 1 •• • f I • • 1'• • 4t • So a. • I • cries D. A rider General Pa, n'er. .- 1 { •• • • . s , p a •. ' ' .•fit 1.4 • • • • SKLD, Inc. SKL14073 WE 2008627-1985.004 B 1068 REC 02008627 05/07/85 10:23 $15.00 5/045 F 0599 MARY ANN FEUERSTEIN CLERK s RECORDER WELD CO, CO SKIAD, Inc. SKL14073 WE 2008627-1985.005 ' . s. L. AR200862d • 4 �' •--�-a o'rlwk /3 B 1058 RSC 02008628 05/07/85 10:23 $9•;'00'.- 1/003 F 060O MARY ANN FEUJERSTELN CLERK & RECORDER WELD CO, CO QUIT CLAIM DEED _BEEBE DRAW CATTLE CO., a Colorado Limited Partnership - whose address is 1551 Larimer Street, Suite 2706, Denver, Colorado 80202 City and County of Denver • and State of Colorado , for the consideration of *** ($10.00) Ten *** Dollars, in hand paid, hereby sells) and quit claim(s) to the FARMERS RESERVOIR AND IRRIGATION COMPANY, a Colorado corporation, whose address is 80 South 27th Avenue, Brighton, Colorado 80601 County of Adams , and State of Colorado property, in the IS S. .-. er — f... • el. , the following real County of Weld , and State of Colorado, to wit: An easement for access more particularly described on Exhibit`"A",' attached hereto and made a part hereof.j The use of tracked vehicles on said roadways is, however, tot-per4tted. Grantor further reserves the right to relocate said. sacrament aciois Grantor's property so long as Grantee's access across. Grantor's property from Road 39 to Grantee's property. is not unreasonably impaired. ulna keno -wit an etrcet end number with all its appurtenances of or Signed this 3441 day of May ,1985. BE DRAW'TIE CO., a Colorado STATE OF COLORADO, County of 1' • •. • 1 V/ 1 . 'c.•• • s•••- ••• •. - — ***ism Sr �— - ti . 4 • 4 * $' 0' et • I - - ; • . •. , a.. • Ps - p • • S.4 • 1 • • 1 • s • , ' f, •. y • •. • •' • •- M. - -e iced rtnership By: - , xoBurls' General Partner isa. The fore ping instrument was acknowle&fore m d bee in the , State of - this" - May J985 ,by Morris Burk, as General Partner eebe Draw Cattle Co., a Colorado 4 imlted Partnership. I At"' R taz -awe" ° Is -PU9 •F *Ow 41 a • tiaw di t.. -•A So*: We • scary 1PuthMLtLt 80 S. 27ffilkienue of d No. 898. Rev. I-64. QUIT CLAIM DEED (Mimi form! 141adfrml Ibhllhhing. 51 W Mh Ave . talncxl, CO 10214 ---00312M-69N County 2.161 1 • •• • 1 " • ''i • '^ 1' •I • •• }h • .11 4 1 SKLD, Inc. SKL14073 WE 2008628-1985.001 4 • • • • • r • • • • • 9 4 a. B 1068 REC 02008628 05/07/85 10:23 $9.00 2/003 F 0601 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • ACCESS EASEMENT THROUGH BEEBE DRAW FARMS AND EQUESTRIAN CENTER EXHIBIT "A" A twenty foot (20') wide permanent access easement across Sections 8, 9, 4, 3 and 10, Township 3 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado, the centerline of which is more particularly described as follows: Commencing at the Northeast Corner (NE Cor.) of Section 8 and considering the west line of Section 8 to bear South 00° 09' 35" East with all other bearings relative thereto; Thence South 00' 09' 35" East, 2024.44 feet along the west -line of Section 8 and the centerline of Weld County Road No. 39 to the True Point of Beginning; Thence North 00° 00' 00" East, 330.10 feet; Thence 282.77 feet along the Arc of a Curve to the right having a central angle of 79° 10' 29" and a radius of 204.63 feet; Thence South 10' 49' 31" East, 28.89 feet; Thence 1294.69 feet along the Arc of a Curve to the left having a central angle of 93' 51' 52" and a radius of 790.29 feet; Thence North 75° 18' 37" East, 867.11 feet; Thence 893.02 feet along the Arc of a Curve to the right having a : central angle of 29° 01' 24" and a radius of 1762,95 feet; Thence South 75' 40' CO" East 554.91 feet; Thence 1237.44 feet along the Arc of a Curve to the left having a central angle of 102° 05' 25" and a radius of 694.49 feet; Thence North 02' 14' 36" East, 552.26 feet; Thence 767.36 feet along the Arc of a Curve to the right having a central angle of 63' 18' 28" and a radius of 694.49 feet; Thence North 65' 33' 04" East, 266.94 feet to a point which bears South 00' 43' 48" East, 879.38 feet from the Northeast Corner (NE Cot %) of Section 8• Thence 536.50 feet along the Arc of a Curve to the left having a central angle 28' 09' 58" and a radius of 1,091.35 feet; Thence North 37° 23' 06" East 366.72 feet; Thence 1204.90 feet along the Arc of a Curve to the right having a central angle 63' 15' 26" and a radius of 1,091.35 feet; Thence South 79' 21' 28" East 1713.22 feet; • • • S. • •• • .. • • • • r SKLD, Inc. 8KL14073 WE 2008628-1985.002 $ 5 r • w • • • • . X • I Y • • • • • P •�• • • • • 4 r•t• .P► • Jr a • 1 a N • •4 • • • 4 . i r • a • x • B 1068 REC 02008628 05/07/85 10:23 $9.00 3/003 F 0602 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Thence 1143.83 feet along the Arc of a Curve to the left having - a central angle 37' 10' 27" and a radius of 1762.95 feet; • Thence North 63' 28' 04" East, 323.36 feet to the west side of the Platte, Valley Canal and the intersection of an elevation equivalent to the gauge rod _ 39.5 at Milton Reservoir; Thence continuing North 63' 28' 04" East, 363.53 feet to the east side of a fifty foot (50') easement grated to the Farmers Reservoir and Irrigation Company for the construction and maintenance of the flood dikes, said -point bears North 72' 22' 05" East, 294.49 feet from the Northwest Corner (NW Cor,) of Section 10. Thence continuing North 63' 28' 04" East, 65.69 feet; , Thence 421.56 feet along the Arc of a Curve to the right having . a_ central et _ angle of 27' 24' 06" and a radius of 881.47 feet •= . r, V. - Thence South 89' 07' 50" East, 585.41 feet to the point 'of exit , with; th'e Beebe Draw Farms and Equestrian Center Access ' Road; Thence South 00' 27' 09" West, 12.89 feet; Thence 180.80 feet along the Arc of a Curve to the left having a central angle of 516 47' 45" and a radius of 200.00 feet; ' • , • t V. r•` . - a ▪ •• • Thence South 51' 20' 36" East, 939.25 feet; • • •n: '• • • • • .1• 1 • r Thence 98.71 feet along a curve to the left having a central angle of 28" 17' 39" and a radius of 200.00 feet; ' Thence South 79' 38' 15" East, -651.50 feet; re • Thence 321.82 feet along the Arc of a Curve to the right having a central angle of 73' 44' 27" and a radius of 250.00 feet; Thence South 05' 38' 27" East, 328.49 feet to the north line of the' new right-of-way north of the centerline of Milton Reservoir = Dam deeded to:the. the Farmers Reservoir and Irrigation Company, said point also bei ng t : Poi rat: of i `• Termination for the described twenty foot (20') access' s easement.. . L - :• E • 1 • • '. r .+mot ' ''•Y z• 4 c - •• • •ti • •• ♦ `• - • • : ae ' •• •# •:• • • , , : • a . •• • " r,•.•4 • *. ,•• 44 • • r • a • .;. • y •. t•. •I- •1* 4 4 • a • • • 0 44 • + - • _ ' ' • • tt tit NI ' . �# Or -' ...I , • •tea • na•'M � -' 4 • 4:1411•. • .• Ate . 1• • _ o w ..le .., 4.:" 140. :47:6 • - •.' • _ • . • 4▪ 4 • 10-1" • .• • .••.• •• • ' QA0wePJL �'•.♦.f-, i 10 • ••_. �?ily♦t ' ' • • •• _1 • • •r I.. • • • • •: a. a' • •$ sr 1•— I _ 4. 11 • - •- • .r a ., - . -I 76 L •' • r • • r L - ,. _ • _ :aL• • 11 044. I t••• • ,•lw' 1 • • - a • • • • • • • • I • Sian, Inc. SKL14073 WE 2008628-1985.003 • IIR2017072 B 1076 REC 02017072 07/15/85 15:25 $3.00 1/001 F 1732 NARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO QUIT CLAIM DEED TIC' DEED, Made this 1st day of July , l99 5 between BEEBE DRAW LAND COMPANY, LTD., a Colorado Limited Partnership Mitre City and*County of Denver Colorado, gmntor(s), and THE FARMERS RESERVOIR AND IRRIGATION COMPANY whose legal address is of the and State of 80 South 27th Avenue, Brighton, Colorado 80601 County of Adams and State of Colorado, grantees), WI NESSETH, That the grantor(s), for and in consideration of the sum of **Ten and no/00 ($10.00)** DOLLARS the receipt and sufficiency of which is hereby acknowledged, ha S mmised, released, sold, conveyed and QUIT CLAIMED, and by these presents do CSremise. release, sell, convey and QUIT CLAIM unto the grantee(s), it heirs. successors and assigns, forever. all the right, tide, interest, claim and demand which the grantors) ha S in and to the real property, together with improvements, if any, situate, lying and being in the County or Adams and Sate of Colorado. described as follows: Those certain parcels, recorded in the records of the County of Weld, State of Colorado, on May 7, 1985, as follows: 1. Book 1068, Reception No. 2. Book 1068, Reception No. 3. Book 1068, Reception No. 4. Book 1068, Reception No. 02008628, 02008620, 02008616, 02008627, also known by street and number as: Not applicable File No, 0600-0602 File No. 0561-0565 File No. 0543-0544 File NO. 0595-0599 1O HAVE AND TO HOLD the same. together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining. and all the estate. right, title, interest and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behoof or the grantcc(s), heirs an assigns (o , x. IN WITNESS WHEREOF, The grantors) ha executed this deed on it] l ate set fa BE E DRA LAND COMPANY, LTD. .. 1 Li 4 - - -A - t,e$,T F COLORADO. 4- 01 .-�• a art... I County of V Zes#07.14...4e�- The for pips inpril Men! State of ex-(er r'_ Mb)of by Morris Burk, as General Partner of Beth Dr (,c nerd:, By: Mo rl.s Bu k, eneral Partner f was acknnwled, before me in the -L :. My commission expires '-i./ slf in Denver. insert "City art we. ce. .19005t and Company, Ltd. 19S4P. Witness my hand and official seal. h t 122 R foli ;frcre4. N. ,M& fly Commission 161 Deriver, Worst tens No. 933. Rev. 1-84. QUITCLAIM DEED Dralfi l Puldiihing. 5x3 W bth me . l nls,►I►.L co $11,11— I tii 2S3-n9oo • ri SKID, Inc. SKL14073 WE 2017072-1985.001 AR2053446 VI 4 4 t Recorded at Reception No. ..a .. _ at past/sea ha _o'clock .I.••..= k . :__e. -- QUIT CLAIM DEED - --647669 TO AMEND LEGAL DESCRIPTION ON PREVIOUS QUIT CLAIM DEED Farmers Reservoir and Irrigation Company whose address is 80 South 27th Avenue Brighton, Colorado 80601 County of Adams ,and State of a , for the consideration of Dollars, in hand paid, hereby sell(s) and quit claim(s) to BEEBE DRAW CATTLE CO , r i 1551 Larimer Street, Denver, CO 80202 whose address Is County of property, in the i . _• eat Denver, County of and State of This Quit Claim Deed amends of the land conveyed in 'the in Book 1068. Reception No. 19851 F-0559: - X414 ? atib aw fist l:"Pc cazpen ter ' CO 0. air S x w -1006 alla• II )amt ZIC 0elit) emir - PACE i_00 .o: .3/44,44 Colorado ,the following real , and State of Colorado, to wit: the lega3. description Quit Claim Deed reorded 0200-8619 .bn May 8, B 1112 REC 02053446 05/14/86 10:04 $6.00 1/002 F 16 8 wy_Apl FEURRSWN CLEF & RECORDER WELD CO, CC also known as street and number with -411-11s a7purtenances 1I1I%. rkitts . * rte. -k o. 'z. e :rear, 4 , . OF COLORADO,. actociwr County of twit- • • 4- •...t MP a -a FARMERS RESERVOIR & IRRIGATION COI 149 4 The regoin& instrument was acknowl .bed before me in the or Q,Oir'rr. State of of yit air •1914 ,byelatexat SA-tacee .ti 49/1 \CP N% Mit *DIA Pi V D.N?"4 • See • r ` '. istiB girr 144 e* "941"i* 0 ill. * COV 9 1. _ ... •.11..k. . vim— asp h I . • .1 �_ -- —i 1 a a-- _._ sae= -.-N No. $98. Rev.1-44. (WM CLAIM DKEP th hoft Corm Fe e ~ ..,:11 adeacatirct_tai ttiiis 1 . . .. County dali ygitzitit - s... _• .a. . $tueonl 5823 W. bib mt., laktxo.4. CO 10214 — (303) .113440D • .. .: a f ...a.. SKLD, Inc. SKL14073 wE 2053446-1986.001 0' B 1112 REC 02053446 05/14/86 10:04 $6.00 2/002 F 1639 MARY ANN EET. ERSTEIN CLERK & RECORDER WELD CO, CO LEGAL DESCRIPTION 800K 31.42 PACE 757 A part of the West Half of the West Half (W1/2, W112) of Section 15, Township 3 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado, more particularly described as follows: Beginning at the Southwest Corner (SW Cor.) of Section 15, also the true point of beginning, and considering the West line of said Section 15 to bear North 00° 41' 51" West with all other bearings relative thereto: Thence North 00° 41' 51" West, 5262.03 feet to the Northwest Corner (NW Cor.) Section 15; Thence along the North line of Section 15 North 89° 28' 21" East, 358.00 feet; Thence South 00° 41' 51t' East, 5264,17 feet to the South line of Section 15; • Thence along the South line of Section 15 South 89° 48' 55" West, 358.01 feet to the true point of beginning. Said parcel of land contains 43.25 acres more or less. SKLD, Inc. S1c14073 WE 2053446-1986.002 CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES Land Title Order No.: Milton Reservoir_Section 22 The Land Title Guarantee Company TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. Legal Description: All that part of Section 22, Township 3 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described on page 7 of Quit Claim Deed recorded December 11, 1914 in Book 406 at Page 282. (Parcel No. 121322000006) CONVEYANCES (if none appear, so state): Book 406 Page 282 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 3rd day of March, 2017 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY By: t 0,byt WenBell, Title Examiner 282 1 one-half interest in said property to said survivor and the other half to the issue of said deceased child. In case said child should die without issue, then said trustee or his successor shall convey the whole of said property to said surviving child. In case both of said ` children• should die without issue prior to attaining majority,•then said conveyance shalt be made to the following persons in order, first to first party if he be living, if he be not living, then to his wife Rachel E.Eaton if she be living, if she be not living then to said George L Jones himself, and tf he be not living, then to any surviving children_ of first party, share and share alike. • In ease said George L. Jones, trustee as aforesaid, should die, resign or be removed prior to the complete execution of this trust, then in such case a successor in trust, shall be appointed in the following manner; if first party be living he may 119 instrument in writing duly signed and s►oknowledgefl appoint a new trustee, if he be not living and his wife Rachel E.Eaton be living she may appoint a truateei in like manner,- if neither bp living at the time when any vaoanoy odours then on petition filed in the District Court, said court as a court of ohaneery may appoint a trustee. Such power of appointment may be exercised so often as may be necessary to the execution of the trust, and when any new trustee shall be so appointed all the power and the title hereby conveyed to the original trustee Shall vest in him, in trust, for the purposes herein provided. IN WITNESS WHEREOF, The said party of the first part has hereunto set his hand and seal the day and year first above written. • STATE OP COLORADO ) f COUNTY OP WELD • • 4ttx'_ori S. Eat on (SEAL) 58 I, Charles D TOdd a notary public in and for said county, in the state aforesaid, do hereby certify that Aaron S. Eaton who is personally known to me to be the person whose name is subscribed to the annexed deed, appeared before me this day in person and acknowledged that they signed, Sealed and delivered the said instrument of writing as their free and voluntary act, for the uses and purposes therein set forth. Given under my hand and notarial seal this 5th day of July A.D. 1905. My commission expires Ootober 3rd 1906 Charles D Todd N o . 206150 QontA Rife Ay WDDARbrr et MYEI a Filed for record at 9 o'clock A:M., Dec 11, 1914, I J E Snook Recorder. 'U S Delbridge Deputy. t Ii Notary Public. - xxxxxxx txxxxxxxxxxxxxxxxxxxxxXxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxX3C} xxxx] xxxxxxxxxxxxxxxxxxxxxxx .v , QVI T_. CLAIM. D EED.. THIS DEED, Made this fourteenth day or August in the year of onr Lord one thousand nine hundred and thirteen BETWEEN THE HUDSON LAND COMPANY, a corporation dUly organized and existing under and by virtue of the laws of the State of Colorado, or the first pert,. and THE FARMERS RESERVOIR -AND IRRIGATION COMPANY, e. corporation duly organized and existing under and by virtue of the laws of the State of Colorado, of the eeoond part, WITIRSSETB, That the said party of the first fart, for and in consideration of the sum of One and 00/100 Dollars ($1.0[x) and other good and valuable considerations to the said party of the first part in hand paid by the said party of the second part, the receipt whereof in hereby confessed and acknowledged, has remised, released, sold, convoyed and QUIT -CLAIMED, and by thesedpresonts doesremise, release, sell, convey and OTT -CLAIM unto the said party of the second part, its suoceseore arid assigns forever, all the right, title, interest, claim and demand which the said party of the first part has in and to the following described real estate situate, lying and being in the County of Weld and State of Colorado, to -wit: A strip of land for the BEEBE CANAL through, upon, over and aarose Seotion Thirty-one (31), Township Ono (1) North, -Bangs Sixty-five (65) Feat; said strip of land being Seventy - rive (75) feet wide and extending Thirty~ sevon and One Half (37 ) feet right and Thirty-seven and One Half (3* feet left of the °cater -line of the said BEEBE CANAL, as actually construct- ed, and contains Nine and Seventy-three One Hundredths (9.73) acres. Said center line intersects the boundary line between said Section Thirty.five (35) and Scott= Six. (6) , Township One (1) South, Range Sixty-five (65) West, Twenty-one Hundred and SKLD, Inc. SKL14073 WE 200151-1914.001 283 i • :"Sixty-nine (2169) feet East of the Southwest (SW, corner of_ said Section Thirty-one (31) , which point is Station 203434 of the survey of the said BETE CANAL, and which said center line intersects the boundary line between 8414 Section Thirty-one (31) and ,Sect ion Thirty (30) , sate Township and Range, Six Hundred and Fourteen (614) feet East or the Quarter earner ( common to said Sections' Thirty-one (31) and Thirty so), which point ie Station 259t97 of the survey of the said BREBE CANAL • aND • • f ALSO; a strip of land for the BEEBE CANAL through, upon, over and' uoross 'the Southeast Quarter (SEA) of Section Thirty (30) , Township One (1) North, Range Sixty-five (65) West; said strip of land being Seventy-five (75) feet wide and extending 1Thirtrseven and 'Ong' Half (370) feet ri ht and Thirty-seven and -One Half (57k) feet .left of the oenter line of the said BEEBE CANAL, as actually constructed, and contains Five and Thirty-one One Hundredths (5.33) earn. r. , Said &enter line intersects the boundary line between said Section Thirty (30) and Section Thirty-one (31), same Townahip and Rang's, Six Hundred and Fourteen (614) feast East eof the Quarter corner common to said Sections Thirty .(30) and Thirty-one (31) , which point is Station 259467 of the survey of the said BEEBE CANAL and which said center line inter- sects the boundary line between. the Northeast Quarter (N) of said Section Thirty (30) and the Southeast Quarter (e1 ) or said1 Section Thirty (30) Five Hundred and Ninety (590)- feet West of the Quarter corner common to said Section Thirty (30) and Section Twenty-nine (29), same Township and Range, which point is Station 290130 of the survey of the said BEFIlEr*CANAL. ALSO, a strip of land for the BEEBE CALL through, upon, over and across the Northeast Quarter (N) of S`eotion Twenty (20); Township One (1) 'North, Rare Sixty-five (65) west. From Station 355t17 to Station 365/tOO said strip of lend is Seventy-five (75) root wide extending Thirt,yaseven and an Halt (37i) feet right `and Thirty-seven and One, half (37 ) feet left of the center.line of the BEEBE CANAL, as actually constructed; from Station 3651,00 to Station 370.00- said strip of land is Ninety (90) feet wide, extending Forty-five (45) Fein right and porty-five (45) feet heft or thereenter enter line of the said BEEBE CANAL, as actually constructed; from Station 370t00 to Station 3S`5t06 said strip of lend is Eighty (S0) feet wide, extending Pbrty (40)- feet right and Forty (40) feet teft of the center line of the said BOMBE CANAL, as actually constructed. Said entire strip of land contains Five and Fifty-five One Hundredths (5.55) acres. • Said center line intersects the boundary line between the NortheastQuarter (N4) ofs Section Twenty (20) and the Northwest Quarter (NW) of Section Twenty (20), all in Township One (1) North, Range Sixty-five (65) a West Twenty-26ur Hundred (2400) feet South of the Quarter corner common to said Section Twenty (20) and Section Seventeen (1ii ),, same Township and Range and is Station 355t17 of the surrey of the said BETE CANAL, and which said. center line intersects the boundary line between said Section Twenty 20) and Section Seventeen (27), same Tbwfship and Range, Eight Hundred and Eleven (8 ,1) feet Wbot of the corner common to -Sections Sixteen (16), Seventeen (17), Twenty (20) and Twenty-one (21) , all in Township .One (1) North, Range Sixty-five (65) West, and 'is Station 383 of the survey of the said BEEBE CANAL. • SO, A brtrip or land for the BEEBE CANAL through, upon;1 over and across the Southeast Quarter (SE`s) of Section Seventeen (17) , Township One (1) North, Range Sixty-five (65) Week. From Station 385t63 to Station 396t00. said Strip of land is Seventr►five (75) feet wide, extending Thirty-seven and One Half (37},) feet right and Thirty-seven and One Half (37k) feet left of the center line of the BEEBE CANAL, as actually oonstructed; from ,Station= 396t00 ter Station 401000 said strip of land is One Hundred (100) feet wide;extending Fi.f tyr: (SO) feet right and Fifty (50) feet left of the center line of the said BEEBE CANAL, as actually constructed; from Station 40tt00 to Station 4080 said strip of land is Seventy five (75) feet wide, extending Thirty-seven and One Half (37) feet right and Thirtyreeven d.One Half (37'x') !Foot left of the center line' of the said BEEBE CANAL, es actually . constructed. Said entire strip of land contains Four 'and Nine One Hundredths (4.09) scree. Said center line intersects the boundary line between said Section Seventeen (17) and Section Twenty (20) , same Township and Range, Eight Hundred and ElAvon (sti) feet West of the corner common- io Sections Sixteen (16) , Seventeen (17) , Twenty (20) , and !twenty*one (21) , all in Township One (1) North, Range Sixty-five (65(West, Weat, which point is dtation 38t63 of the survey of the °aid BEEBE CANAL, and which said center line intersects the boundary line between said Section Seventeen (17) and Sootion Sixteen (16) , same Township and Range, Twenty-one Hundred and (Forty (2140Y feet North of the earner common to Sections Sixteen, ., (16), Seventeen (17) , Twenty ((2©) and -Twenty-one (21) , Township One (1) North, Range Sixty- five (65) Welt, which point is Station 404e0 St the survey of the said BEEBE CAN'S,. ALSO, a strip of land for the BEEBE CANAL through, upon, over and across Section Nine (9) , Township One (1) North, Range Sixtf ive (65) West; said strip of land being Seventy' -five (75) feet wide and extending Ihirityheseven and Onp Hilt (37i) feet right and Thirty-seven and One Half (311) feet left of the'oenter line of the said BEES CANAL, se actually oonetruotdd, and contains Nine and Fortyatbiree One Hundredths (9.43) acres. -- . Said boenter (line interee►c is the boundary line between said Section Nine (9) and Section Sixteen (16) , same Township and Range, Sixteen Hundred and Sixty (1660) feet East of the corder common to Sections Eight (8), Nine (9) , Sixteen (16) and Seventeen (17) , all in Township One (1) North, Range Sixty-five (65) West, which peirce is Stetion_4451552 of the survey of the said BEEBE CANAL, and which said center line intersects the boundary line between said Section Nine (9) and Section Four (4) , same Township and Range, Three Hundred and Thirty-iwo (332) feet last of the Quarter.corner common to said Sections four (4) and • SKID, Inc. SKL14073 WE 208151-1914.002 284 - Nixie (9), -and whioh point is Station 500121 of the survey of the said BEEBE CANAL. - ; 7L :-. •ice - ALSO, a strip of lend far the BFRBE CANAL through, upon, over and across Section Four (4) , Township One (1) North, Range Sixty-five (65) West. From Station 500t21 to Station 5000 saidcsttrip of land is Seventy-five .(75) feet wide, extending hirtr seven and One.Halt (37k) feet right and Phirtr.saven end One Half (37 ') feet left of the center line of the said BEEBE CANAL, as actually constructed; from Station 504100 to Station 525.03.3 said strip of lsnd is Seventy (70) feet wide,, extending Thirty-five (35) feet right and Thirtr,five (3s) feet left of• the- center line of the said BCE CANAL, as actually constructed; from Station Se 52 03.3 to Station 554170 said strip of land is' Soventy-five (75) feet vide, extending thirty-seven and One Half (371) feet ritht and Thirtrseven and- One hell (37O feet left of thebenter line of the said BEEBE CANAL, as actually constructed. Said entire strip of land contains Nine and Ono Tenth (9.1) sores. Said center .ins interrescta the boundary line between said7Sectian Pour (4) and Section Nine (9), Three Hundred and Thirty-two (332) foot East of the Qtinrter corner common to paid Seotion Four !4) and Section Nine (9) , carne Township and Range, which point is Station 500t21 -of the survey of the said BEEBE CANAL, and which said °.enter line intersects: the boundary line between said Section Pour (4) and Section T Girt three (33), Township Two (2) North, Range Sixty-five (65) West, Four Hundred and Eighty-five (485) feet East of the Quarter corner pompon to said Section Your (4) God said Section Thirty-three (33) , which point is Station 554170 of the survey of the said BEEBE SAL. • ALSO, a strip Of land for, the BETE CANAL through, upon, over and across the West Half (wi) of the East Half (pi) of Section' Thirty-three (33) , Township Two (2) North, Range Sixty-five (65) West. From Station 554:70 to Station 561f 00 said strip -pf land is Seventy` five (75) feet - wide, extending Thirty-seven and One Half (37) feet right and Thirty-seven and One Half (37fr). feet left of the center line of the said BEEBE CANAL, as actually constructed; froru. Station 561-r00 to Sto.tion 600100 said strip of land ie Sixty --five (65) feet wide,; extending Thirty-two and One Half (32 -) feet right and Thirtyetwo- end One Half (32k) feet left of the center line or thee sat BEEBE GANAI1, actually constructed; from Station 6O0t00 to Station 607t0'5 said strip of land is Seventy-five (75) feet wide, extending Thirty-seven and One . Half (37*) feet right and Thirty-seven and One half (37) feet left of the center line of the said BEEBE CANAL,, as actually constructed. Said entire strip of land contains Eight and One One -Hundredth acres. r Said center line intersects the boundary line between said Section Thirty' -three (33) and Section Four (4), Township One (1) North, Range Sixty—five (65) West Four Hundred and Eighty-five (465) feet East of the Quarter corner common to said Section Thirty-three (33) and Section Four (4), which point is Station 55400 of the survey of the said BEEBE CANAL end which said center line intersects the boundary fine. between paid Section Thirty-three (33) snl Section Twenty-eight (), same Township and Range, Four Hundred and Ninety (490) feet East of the Quarter corner oommon to said(Seotion Thirty -t .re.o (33) and said Section Twenty- eight (2S) , which, point is Station607t05 of the survey of the BEEBE CANS. ,ALSO, A strip of land for the BEBBE CAS A'L through, upon, over and across the East Half (ED of Section Twenty-one (p1), Township Two. (2) North, Range, Sixty-five (65) West. From Station 661t30 -t0 Station 6511,00 said strip of land:is is Seventy-five (75) feet wide, , extending Thirty-seven and One Half (37) feet right and Thirty-seven end One Half (37)� feet left of the center line of the said BHE$E ()ANAL, as actually eonatructed; from Station 651:00 to Station 667.00 said strip of land is One Hundred and Five (105) feet wide, extending Fifty-two and One gaff (52&) feet right and Fifty-two and Quo Half (52!) feettleft or the center line of the said BEEBE CANAL, as actually/constructed; from Station 6S71100 to Station 711115 said strip ofeland ie Ninety (9 4) feet wide, extending Forty-five (45) feet right and Forty-five (45) fee% left of the center line of the said BEEBE CANAL, as (actually constructed. Said entire strip of lend contains Nine and Eighty-three One (Hundrodths (9.53) acres. ( Solid center 'line Intense cts the boundary line between said Seotion Twenty-one (21) end Section PwentyTdight (all same Township and Range, Nine Hundred and Forty-acvon and. Six +Tenths (947.6) feet ;Wort of the gorner common to Sections Twenty-one (21), Twentrtwo (22)% Twentreav'en (27) and Twenty-eight (26)i ell in Township Two (2) North, Range Sixtrtive (65) West, which point is Station 661130 of the survey of tie. said BEEBE CANAL, and which said . tenter line intersects; the ,boundary.Line between said Section Twenty-one (21) and Section Twenty‘ two(22), some Township end Runge, Ten Hundred and T rentyleeven (1027) feet South of the corner oommon to Sections Fifteen (15) , Sixteen (16),-Twentrone (+21) and Twentrtwo (22), all in Township Two (2) Vorth, Range Sixty-five (65) Wstit, which point is Station 711O8 6f the survey of the said BEEBE CANAL. ALSO, A strip of land for the BEEBE Nut, 'through, Avlon, over and across the Southeast Quarter (S) of the Southwest Quarter (.S-) and. the West Reif() .of the Southwest Quarter (SWD. of the Southeast quarter (84), of Section enty-two (22), TOWnehip Three (3) North, Range Sixty-five (65) West; weld strirp of land is Seventy (70) feet wide, extending Thirty- five (35) feet right and Thirty-five ve (35) feet left of the center line of the BEEBE CANAL, as actually eor(etructed, and contains One and N-inetyesix One Hundredths (1.96) acres. 1 Said center line _intersects -the boundary .line between said Section Twentyetwo 022) and .Section twenty-seven (27) , Game Township sad Range, Ten (10) feet West of the quarter corner common to said Section Twenty-two (22) and said Section Twenty-seven (27) , which point is Station, 992+90.5 of the survey o f' the said BEEBE CANATer, and which said center line intersects the flow line of Milton Lake Reservoir.in in the Southeast Qua't(er (SW of the Southwest Quarter (Mk) of said Section Twenty-two (22) , Ten (10) feet west and Twelve Hundred SKLD, Inc. SKL14073 WE 208151-1914.003 285 and Nineteen and Five Tenths (1219.5) feet North of the Quarter corner common to said Section Twenty-two (22) and said Section Twentyeseven (27), which point is Station 1005:10 of the survey of the said BEEBE CANAL. ALSO, a strip or land for the GILMORE CANAL through., up0a:, Over and across the Southeast Quarter (SRO and the -Southeast Quarter' (S `•`) of the Northeast Charter (NF) - of Section Twenty-six (26) # Township Four (4) North, Range S xt eivo (65) West, said strip of land being Ninety-three (93) feet wide. and extending Fortyetheee (43) feet right and Fifty (50) feet loft of the center line of the GILMORE CANAL, as actually constructed, and contains Nine and Eighty -(one One Hundredths (9:51) acres. Said center line intersects the boundary line between sic Section Twenty --six (26) - and Section Thirty-five (35) , cone Township: and Range, Seven Eundred (700) feet, West of the oor ex common to Sections Twentyfive (25), Twenty-six (26), Thirty-five (35) and Thirty - so (36), in Township Pour (4) North, Range Sixtyeesive (65) West, and is Statiwh 1''6104 or the survey of the said. GXIAORE CANAL, and vhioh said center line intersects the boundary line between said Section Twenty-six (26) and Section Twenty-five (25) , same Township and 'Range, Eighteen Hundred and Twenty-eight (1S28) feet:'South of the corner common to .said Sections Twenty -throe (23), Twenty-four (24) ,'Twenty-five (25) andeT'went'rsix (26), Township Four (4) Norte., Range Sixtyefive (65) West, which point is Station 222°07 of the survey Of the said GILMORE CANAL. •I ' ALSO, a strip of land for the GILMO PE CANAL through, upon, over and soros° the North east Quarter (N) of the Northeast -Quarter (NE44 of the Northeast Quarter (NW, of Section Twenty-six (26) , Township Four (4) North, Range Sixty-five (65) West, said strip of land being Ninetyrthree- (93) feet wide,. extending Forty-three (43) feet right and Fifty (5O) feat left of the _center lime of the GILMORE CANAL, as actually constructed, and oonteins One and Twenty-two One Hundredths (1.22) acres. ' 'Said center line intersects the boundary line between said Section Twenty-six (26) `end said Section Twenty-five (25) , same Township end Fangs, Four Hundred and Fife eight (45$) feet South of the corner common to Seetione Twenty-three (23), Twenty -four -(24),' Twenty --five (25) and T entr-six (26) , all in Township Four (4) North, Range Sixty-five (65) West, which point is Stetion 240.70 of the survey of the said GILMORE CANAL, end which said center line intereects s the boundary line between a aid Section Twenty' -six (26) and Section Twenty-three (23) , same Township and Range, Two Hundred and Sixty-seven (26`7) feet West of the corner goon to Sections Twentyethree (23) , Twenty-four (24), Twenty-five (25), and Twenty-six (26) , ,all in Township Four' (4) North, Range Sixty-five (65) West, which :point is Station .?46145 of the survey of the said GILMORE CANAL. f ALSO, a strip of land fur the SPEER CANAL through, upon, over and across the West Half (w►w) of Section Twenty file (25), Township One (1) North, Range Sixty-six (66) West, said strip or land being Ninety (90) feet wide, extending Fifty (50) feet right and Forty (40) feet left of the center line of the SPEER CANAL, se actually constructed, and contain° Twelve and Nineteen One Hundredths (12.19) acres. Said center line intersects the boundary line between said Section Twentrtive (21) and Section Thirty-six (36) , 'same Township and Range, Seven Hundred and Fifty (750) feet East of the corner common to Sections Twenty -Five (25) , Twenty-six. (26) , Thirty-five (35) find Thirty-six (36), all in Township One (1) North, Range Sixty-six (66) West, which point is Station 2527'70 of the survey of the said SPEER CANAL, and which said center line intersects the boundary line between said Section Twenty-five (2$) and said Section Twenty-four (24) , game Township and Range, Eighteen Hundred and Thirty and Five Tonthe (1830.5) feet Scot of the corner oOmmon to Sections Twenty-three (23), Twenty` -four (24), Twenty-five (2S) and Twenty-six (26) , sill in Tovnohip One (1) North, Pangs Sixty-six (66) West, which point is Station 3411'57 of the survey of the said SPEER CANAL. ALSO, a strip of land for the SPEER CANAL through, upon, over and across Section One (1) , Township One (1) North, Range Sixty-six (66) West, said Strip of land being Ninety (90)1 feet wide, extending Fifty (50) feet right and Forty' (40) feet left of the center line of the said SPEER CANAL, as actually constructed, and contains Thirteen and Fifty -sight One Hundredths (13.56 acres. Said center line intersects the boundaryline between said Section' One (1) and - Section Twelve (12) , same Township and Range! Tw►entyfour Hundred and Fifteen (2415) feet East of t e corner common to Sections One (1) , Two (2) , Eleven (11) and Twelve (12) , all in Township One (1) North, Range Sixty-six (66) West, *doh point is Station 539:63 of the survey of the usid SPEER CANAL, and which said center line intersects the boundary line between said Section One (1) and Section Thirty- six (36) , Township Teo (2) North, Range Sixty-six (66) West, Eight Hundred and Eighty-four and Two Tenths (684.2) feet East of the corner -common to Sections One (1) sad Two (2) , Township One (1) North, Range Sixty --six () West and Sections Thirty-five (35) and Thirty-six (36), Township Two (2) North, Range Sixty-six (66) West, which point is Station 605 527.3 of the survey of the said SPEER CANAL. -- ALSO, All that pert of the Northeast Quarter (JNE*) of - Section. Twelve (12) , Tawnahip 'One (1) North, Range Sixty-six (66) West, `end that part of the Northwest Quarter (NW,) .of the Southwest Quarter (SW) and that part df the Southwest Quarter ( w) -of' the Northwest quarter (NWT) of Section Seven (7), Township One (1) North, Range Sixty-five (65) .West now covered or to be covered by the waters of that certain reservoir known and called the Dougan •Reservoir up to the high water line thereof, also a right of ways Fifty (50) feet in width outside of said high water line and following the contour.of of said water line around said reservoir within said Seotions Twelve (12) and Seven (7) aforesaid, -said high water line being more SKID, Inc. SKL14073 'WE 208151-1914.004 286 I particularly shown on that certain wt attached to -and made a part of that certain agreement entered into between William A,Wallatioe, of Weld County, State of Colorado, party of the first part, and D.E.Dougan and P. V. Carlin, both of the City and County of Denver, State of Colorado, parties of the second part, which contract to dated_ Auguot 25th, 1905, -and re corded July 24th, 1906 in Book 281, at Page 406 of the. records of (Weld County, :Colorado, paid map being nfade a part of this deed, and i o whioh reference is hereby had for a more partioular description of the premises hereby conveyed. • . • ALSO, The right of ingress and egress gram the County road on the North side of said Section Seven (7) to the said reservoir not to exceed Sixteen (16) feet in width along the West side .of said Section Seven (7) provided said road is not to be fended, and gates to be maintained at e2t1' times by the party of the second part.( the Farmera Reservoir and Irrigation ea-mpauy), such gates to be opened end closed by the parties usttg the sae; also a.tigbt of way far inlets and outlets to and from said reservoir across lthe Southeast Quarter (S) sa id sa d Seotion Twelve (12) end all of said Section Seven (7) aforesaid, it being intended to hereby convey end quit -claim all the land's, property, rights and privileges granted to the maid P.li.Dougan and POrr•Carlintir and by that oertatn deed made by William A.Wsllace, of 'Port Lupton, Weld County, .dot ratio, dated June Let, ],9118, and recorded on the 4th day or June , _A.tD.- 1908, in the office of the County Clerk and Recorder of Weld County, in Book No. 27e, Page 517, subject, however, to the reservation in favor of the said William A.Yallace, his heirs and assigns in the said last named deed contained. ALSO, cu.l that part of the Southeast eluar,ter (Sig) of Section Twelve( ,(12) , Township_ One (1) North, Range Sixty—six (66).West West now cowered or to be covered by the waters of that ( certain Reservoir known and oalle,d the ;" Dougan Reservoir' up do the high water line thereat; also a right of way Fifty (50) .feet in width outside of said high water line, and following the contour of:said said water line around said reservoir wi►'thi,n said SoutheAst Quarter (Sa•) of Section Twelve (12) , said high water line being more partioularly shown on that certain map (attached to and made a part of that certain agreement entered into between William A. Wallace, of Weld County, State of Colorado, party of the:first part-, and D.B.Dougan and P.V. Oarljca, both of the City and County of Denver, State of Colorado, parties of the second part, (which contract io dated August 25th, 1905, and record©d July 24th, 1908 iD Book 281, at Page 406 of the records. of Weld County, Colorado, said may being made a part of this deed, and to which reference- is hereby had for a more particular description of the premised hereby oonveyied. ALSO, All the right, title an_ d interest which: The Hudson Land Company may have_in ;n and to the Reservoir, known ae"-Douga; Reservoir", 1occ ted en Seotion Seven (7) ,•..Township One (1) North, Range Sixty-five (65) West and Section Twelve (12) , Township One (1) North, Range Sixty-six (66) West, and all filings and decrees therefor and any title and interest it may have in and taco the land upon which tAe skid Reservoir is located. f ALSO, All the right, title aid .interest which The Hudson Land Company may have in and to the Reservoir, known as the " Oarltn ReoeiCvoir", located in Section Nineteen (19), Township Two (2) North, Range Sixty-five (65) West, and all water rights, filings and decrees therefor, and particularly all the rights acquired by virtue of that certain map and statement filed in the oftioe of the State Engineer, on the 31st day of ,parch, A.D. 1905, add deoignated as "Adap or Carlin Reservoir", to which rcferende is hereby made for a . more particular description of the !premises hey •eby conveyed. A480, au the right, title and interest_in and to all rights of way and easements, water rights astM rights to water, whether evidenced by filings, deorees or appropriations, title tq' which was acquired through the following mentioned Deeds; it being expressly under— stood that all water rights represented by -stock ir;ditch companies are reserved fro] this conveyance. Grtor Date Date of Record Book Page County Jasper N.Bowlee Jasper N.Bcslea Carrie (M.Bawles Jasper,N.Bdwles & $•L.Bowlea . I Jasper N.Bowlee Jasper NeBowles Henry L. Bowles Patrick V. Carlin ( National Bank .of April 14, 1,908 May. 15, 190E April 14, 190E April 14, 1908 April iS, 1,908 -8.ept.15, 3909 April 14, 1908 May 25, ,1906 ( Commerce in Denver May 25, 190E Bow1oo-3uffe Irrigated Land CoApril 14,908 J. S. Brown Nov.1,; 1909 The J.A.Rerguson Invosttent CoOct. 18, 1908 D. H, Dougan , P• V'. Ce.r� June 2?, I908 P. S' . Osrlin and D. . D opg June 4, 1908 Jaepe►r N. owloe April 14, 1908 B owie same "flighted nand, Co. April 14, 1908 Do April 147, 1908 Jasper N.Bowlea , April 17, 1906 Bessie B.Foeter &John Meiroster June 25, 1,908 f (• May, 12,1906 May 18., 1908 _ April 28,1908 280 250 April .28, 1908' 12.2B0 April 2e, 1908 p80 'Sept,. 18:,1909 311 April 2S, 1,900 't0 June 6, 1906 280 June 6;1908 s April^R, 190e Dec. 61.1909 Oct. 21, 15 July g4f08 d'° a 6, 1908 April 29, =..908 April 29, 1908 April 29, 1908 Ap xlil 29, 1905 July 1, 1905 97 Wald' 118 Weld 397 Weld 31 Weld 30 Weld 146 Weld 32 Weld 215 Weld 233 421 Weld 233 416 Weld 316 66 Weld 233 43e Weld ;233 118 Weld 250 429 Weld 32 561 Mime 35 31 Adams 35 30 Adams 32. 562 Adams 33 315 Adams Sr SKLD, Inc. SKL14073 WE 208151-1914.005 287 IL't^ ". .t :�-T��7-�T�Js��t = - � =i h-�� R.��.f _�f •Ti � - ��S -- _ _ ALSO, all of the right, title and interest of THE HUDSON Land Company in and to the water rights appurtenant to the following Reservoirs, as evidenced by the filing in the State Engineer' ° office, or otherwise, as follows: Bottles R•eoorvoir N4. 1, Bowies Faservoir No. 2, Henry Lake, Geneva Lake, Mildred Lake, Eaet bine Reservoir, Clarke Eeereoir,' itudson Reservoir, Meek Reservoir No. 1, Meek Peservoir We, 2, Foster No. 1. Reservoir, Poster No, 2 Reservoir, Ferguson Reservoir, Carlin Reservoir, Don an Reservoir, Curtis Lake, Curtis Seepage Ditch running from the Southwest Quarter (sww)-or Section Fourteen (14) to Section One (1) , Township One (1) , South, Range Sixty -81k (66) West, excepting Forty-five (45) ifo$0$ of water ,herefren,, , Meek Seepage Ditch, together with any and, all other water rights, ditehsrights or reservoir rights which _The Hudson Land Company now own°, or title to which The Hudson band Company may hereafter acquire by reason of any contract, or escrow now existing. ALSO, All other easem4nts or.rights of way for ditohee, or reservoirs, title to which is now in The Hudson Land Company, or title to which The Hudson Lend Company may acquire ,by reason of any contract, or escrow now existing, provided, 1uwever, that in case of abandonment of any ditch -or reservoir right of way, or' eaee.meiit for the same, for a period of two consecutive years, the title to said ditch right of way, or reservoir 'right of way, or easement for the same; shall revert to The Hudson Land Oompany , its successors or assigns. ALSO, All that part of the South Half (Bk) of Section. Ten (10) , Township Three (3) North, Range Sixty-five (65) West, situate, lying and being East of a line drawn: parallel to and Fifty (50) feet distant to the right of the following described traverse line: BEGINNING at a point in the East and West center _line of said. Section Ten (10) , Eleven Eund.red ' Thirtye eight (113S) feet Eaet of the West Quarter_c orner thereof; Thence south 2S°00' East 545 feet; Thence South 07°27' East 190 feet; thence South 16°19' West 160 feet; thence South 17'59' East 300 feet; thence South 0593' &net 260 feet; thence South 16°10' Weet21e. feet; . thence South 06°00' West 17S feet; thence South 40°14' Woot 210 feet; thenoe South 3;9°55' West 260 feet; thence South 36°01' 'Newt 165 feet; thence South 67651' West 150 feet; thence South 6ff°21' West 515 feet; thence South. 54°41' West 160 feet; thence South 00°29' West 195 feet, to a point in the South line of said Section Ten (10, Two Hundred Sixty (260) feet East of the -Southwest corner eof said Section Ten (10) , r CONTAINING Two Hundred Sixty and Fortyrtw Two Hundred Sixty and Forty-two One-Iiundredthe known as MILTCFN LAKE site; o One -Hundredths (260.42) acres, which said (260.42) sores constitute a part of whet is ALSO, all that part of the- Sout%Baif(S0 of Section. Eleven (11), Township ,ThreO (3) North, Range Sixty-five (65) West, situate, lying and being. Nest of a line drawn parallel to and `Fifty (50) feet distant to the right of fthe following deeotibed traverse line; BEGINNING, at a point in, the South line of said Section Eleven (11) , Twelve Hundred Ninety-seven (1297) feet West of the Southeast corner thereof; thence North 60°511 East 30 feet; thence North 16°48' East 671.5.feet; eet; thence North 46°36' East '56.16.7 feet; thence North '75°10' West 1475 toot; thence 'due North 1200 fee -by, - ti to a point in the East and West center tine of said Section Eleven (11) , Twenty-one Hundred Five (2105) feet West of the East Quarter corner of said Seation Eleven (11), CONTAINING Two Hundred Twenty-six and Seventeen One -Hundredths (226.17) acres, which said Two Hundred Twenty-six and Seveihteen One -Hundredths (226.17) acres constitute a part of what is known as MILTON LANE site. ALSO, All that part of the West Half (W-) of the Southeast Quarter (Sr}, and all that part of the Northeast Quarter (NS) of Section Fourteen (14)t Township Three (3): North, Range Sixty-five (65) West, situate, lying and being West or North and West of a line drawn parallel to and Fifty, (50) feet distant to the right of the following described _ traverse line: BEGINNING at a point Four Hundred Twenty (420) feet )forth of the South quarter corner of said Section Fourteen (14) ; r thence North 27936' East 153 feet; thence North 00'11' East '240 feet; thence North 21°23' East 265 feet; thence North O1°23' West 555 feet; 'thence North.25°10' East 250 feet; thence,_ South 62407' East 230 feet; thence South 71°44' East 250 feet; thence North 40°52' East 220 feet; thence North 25'01' East 290 feet; thence North 40 °(47' East 240 feet; thence North 64°31' Eaet 220 feet; thence North 10°57' West 275 feet, ( a point in the Etsat and West center line of said Section Fourteen (14) Thirteen Hundred Ninety (1390) feet West of the East Quarter corner thereof;) thence 'North 03°56' West 135 feet; thence 1{orth 51°55' West 370 feet; thence North 11°41' East 600 feet; thence North 34°170 East 530 feet; thence South S4°51' East 400 feet thence North 27°39' Went 620 feet; thence North 44°55' West 500 feet; thence North 09°33' West 325 feet; thence North 60°51' East 325 feet; a'point in ;the North line of said Section Fourteen (14) , Twelve Hundred Ninety -'seven (1297) Peet Meet of the Northeast corner thereof. I i I, SKLD, Inc. SKIJ14073 WE 208151-1914.006 288 Weet:r . CONTAINING .One undred Ten, and. Sixth -two One -Hundredths acres, which said One Hundred Ten and Sixty* -two OiseaHundredths (110.62) , sores constitute a part of what is known am MILTON TAKE site.' ' • ALSO, ' All that part of Section Twentilletwo (22) , Township Three (3) North, Range Sixtyw. five (65) Weeti ' situate, lying' and' being Northeast of a line drarn parallel to and Fifty (50) fast distont to the right Of the following described traverse line; ' ' EGINNING at a point in the North,line ine of said Section Twenty-two, (22) ,' Nine Hundred Fifty -fix and Eight -Tenths {956.6) feet East of the Northwest corner thereof; thence South 21°354 East 825 feet; thenee South °06' East 370 feet; thence South 22'10q Feat 525 feet; thence South 14° ' East 605 feet; thence South 2412' West 530 feet; thence Worth 82°Sl' West 26j rest; then* North °2 West 93 feet; thence North 69°30' West 440 feet; thence South 14°54' East 375 feet; thence South 56°43' East 450 feet; thence South 29032' East SOO feet; thence South 61.°34' East 560 feet; thence South 56°o5' East 721.19 feet; thence North 74°15' East 346.11 feet; thence North 34°27' East 405 feet; thence North 43°30' East 445 ?e t; thence North 47°46' East °270 feet; thence North 40' Rost 250 feet; thence South 60°P:P1' Eaut 435 feet; thence North 09°157' East 445 net; thence South 4186 r `East 2S5 feet; thence North 54'52' East 210 festi thence South 37°361 East 440 feet; thence South 46°44' East 361 feet,ci { a point in the East line of said Section Twenty-two (22) , Eighteen Hundred Sixty (1360) feet North of the e Southeast oorner thereof CONTAINING Three Hundred Twenty-six and Forty five ne-Hundredtho (326.45) scree, which said Three 'Hundred Tweiit4-sips and Fo±trfive ' One Hundredths (326.45) sores oonstitute a part _ of whet is known .as MILTON .LAKE , site. ALISO, the whole of Section Fifteen (15) , Township Three (3) North, Range Sixty --five (65) n AISSO, the West Half (WW) of Section Fourteen (14), Township Three (3) North, Range Sixty-five West. ALSO, a(strip of land through, upon, over and across the Northeast Quarter .(Nee) or Sootion Fourteen 14) , Township Three (3) North, Range Sixty-five (65) West; said strip of land being Pitty f ive (SS) feet wide, extending T enty-five (25) feet right and Thirty (30) feet left of the center line Of the (NEPES CANAL, which. said center line paeees through the points of the following described traverse line, and varies not more than Eight (8) feet from the lines connecting said points, said traverse line being 'described as follows , to1wit: { BEGINNING at a point in, the line between Sections Thirteen (13) and Fourteen, (14) , Township `Three (3) North, Range Sixtyrfi.ve (65) West, Four Hundred Fifty-one `(451) feet North of the Quarter corner between said Sections Thirteen (13)' and Fourteen (14) , said point being designated as Station 244140; thence North 25°03' West 604.7 feet to Station 250r50; thence ,North 40°26' East 1,91.5 feet to Station 252•;50';' - thence North 17°301 Want 0.3 feet to Station 253;00; ,thence North 29°0'4' East 500 feet to Station 263,00;. thence North 07°25' -East 197.4 feet' to Station 265800;' thence North 03°36' West 454.1 feet to Station 269t53.5, a point in the line between 600tione Eleven (11) and Fourteen (14),:One ;One Hundred -One (101) feet West of '?he corner to Sections Eleven (11) , Twelve (12) , Thirteen (13) and Fourteen (14) ,, Township Three (3) North,. Range Sixty-five (65r west. CONTAINING Three and Eighteen One -Hundredths (3.16) acres'. SO, a strip of land for the WEST BPANCH OF ' 'E XERES CANAL through,, upon, over and (woad the East Half 020: of the Southeast Quarter (SM) of. Se tion Eleven (11), Township Three (3) North, Range Sixty-five (65) West, said strip of land being Fifty-five (55)' feet wide, extending Twenty-five (25) feet right and Thirty (30) feet left of the ,center line of the said WEST BRANCE OF THE NERES CANAL, as actually constructed, and contains Three and Fifty- three One -Hundredths (3.53) Levee, Said center line intersects the boundary line between said Section Eleven y ,.and Section. Fourteen (14) , same Township and Range, Ono Hundred One (101) feet West of the Southeaft corner Of said „Section Eleven (11) , end in' Station ,269'33.5 of the survey of the WEST SRANOR OF THE NEPEB OANA'L, end which aai l center line intersecte the boundary line between the Northeast Quarter (ti )� and the Southeast Quarto* (SRO of amid Section Eleven (11). - Eight Hundred Sixty-five (E65) feet West of the: East 'Quarter oorner of said Section Eleven (11), which point le Station 297;45 of the survey of the said WEST BRANCH OF' THE REREJS CANAL. TO HAVE ARO TO HOLD TBE S1AE, Together, with all and. singular the appurtenances and privileges thereunto belonging or in auywIue thereunto appertaining, and all the estate, .title, jesterest and claim Whatsoever, Of the said party of the first part, either in law .equity, to the only proper use, benefit and behoof of the, said party of the Second part, sucoedaor-8 1 7d assigns forever• right, or its IN WITNESS WHEREOF, The said party or the first part has caused its corporate name to pe hereunto subscribed by its Presidentand its Vice President, and its corporate seal to be hereunto affixed, attested by ifs Secretary, the day and year first above written. SKLD, Inc. SKL14073 WE 208151--1914.007 289 4„h, r Attest: Secretary. STATE OF NEW YORK ) • .. • CO UI+ITY OF NEW YORK) fir'', `e4 STATE OF COLORADO, s9. THE HUDSON LAND MPANY By Miltou Smith vice President I, A•M.hindenstruth a Notary Public in and for said New York County, in the State aforesaid, do hereby certify that W.E.Goldsborough, who is personally known to me to be the same person whose name is subscribed to the foregoing QUIT —CLAIM DEED as having executed the same as -•President of THE HUDSON LAND COMPANY, a corporation, appeared before me this day in person and acknowledged: That the seal affixed to the foregoing instrument is the corporate seal of said corporation; that the same was thereunto affixed by the authority of said corporation; that said instrument was by like authority subscribed with its corporate name; that the said W.E. Goldsboraugh_ was the President of said corporation at the time of the execution of said QUIT -MAIM DEED; that by the author+ ty of said corpora- tion he subscribed hie name thereunto as President;- that he signed, sealed and delivered the said instrument of writing as his free and voluntary act and deed and as the free and voluntary act and deed of said corporation, for the use=s end purposes therein bet forth. Given under my hand and... , ....seal, this 9th day of October _A. D. 1914. My commission expires March 30th 1916 se. CITY AND COUNTY OF DENVER 7 I A•11•L inden struth Notary public, Westchester County, Certificate filed in New York County No 43 New York Register' a No• 6118. f I, May Stewart, a Notary Public in and for said Oity and Gouty, in the State iThresaid, do hereby certify that MILTON SMITV and OW. tandley, who are personally known to me to be the same P ereoh Vrhose navies are subscribed to the foregoing QUIT -CLAIM DEED ae having executed the same reepeeti ►biy se Vioe-toe.ident-and Secretary of THE HUDSON LAND oampay, a corporation, and who are known to :me to have been such officers respectively at the time of the execution of the foregoing QUIT --CLAIM DEED, appeared before me this day in person and respectively acknowledged: That the seal affixed to the foregoing instrument -is the corporate seal of said corporation; that the aam9 was there -unto affixed -by the authority of said corporation; that said -instrument mss by like' authority subscribed with its corporate name; that the said MILTON SMITH a was the Vice President of said corporation and the said O. J. Standley was the Secretary thereof at the time of the execution of the said foregoing QUIT --CLAIM DEED; thatby the authority of said corporation they respectively subscribed their names thereunto as Vice President and Secretary, end that they signed, sealed and delivered the said instrument of writing as their free and voluntary act and deed, and ae the free and voluntary sot and deed of said corporation, for the uses and (purposes thereinset forth.. it Given under 'my hand and notarial •seal, this 14th day of ... f . August A.D. ]914. (My commission expires Nov. 13, 1915 May Stewart _ Notary Public. No . 208151. OeMP208151. Oempona av Wocenurr 3 Myra, Piled_for record at 9 o' cloclt A.M•, Dec_Illth, 1914, _ J. E Snook Recorder. • W H Delbridge ( _Deputy* 1 xXXXxXXXXXXxxxxxx xxxxxxxXXXXxXxxxxXXXXXXXXXXXXXXXxXXXXXXXXnxxxXXX X. ,xXXxXXxXXXXXxxXXxXXXXXXXL SKLD, Inc. SKIJ14073 WE 208151-1914.008 EXHIBIT 0 OWNERS OF RECORD OF AFFECTED LAND (SURFACE AREA) AND OWNERS OF SUBSTANCES TO BE MINED Note: See the Deeds provided in Exhibit N — Sources of Legal Right -to -Enter EXHIBIT P MUNICIPALITIES WITHIN TWO MILES Note: There are no Municipalities within two miles of the proposed mining operation. EXHIBIT Q PROOF OF MAILING OF NOTICES TO BOARD OF COUNTY COMMISSIONERS AND CONSERVAION DISTRICT EXHIBIT R PROOF OF FILING WITH COUNTY CLERK AND RECORDER EXHIBIT S PERMANENT MAN-MADE STRUCTURES � ERC Farmers Sand Exhibit S — Permanent Man-made Structures Nov 2024 EXHIBIT S - PERMANENT MAN-MADE STRUCTURES The only permanent man-made structures within 200 feet of the affected lands are Oil & Gas (O&G) wells and tank batteries. The notarized agreements between FRICO and the O&G companies will be submitted upon receipt of the agreement. 1 RULE 6.5 GEOTECHNICAL STABILITY EXHIBIT Rule 6.5 - Geotechnical Stability Farmers Sand Rule 6.5 — Geotechnical Stability Nov 2024 Slope stability analyses were performed on the stockpile slopes and settling pond embankment to ensure the structural integrity of the designed facilities. The analyses were conducted using the computer program Slide 5.0 which allows the user to input parameters and based on this information, performs a limited equilibrium analysis to generate a factor of safety (FOS). SLIDE has a search function that when boundaries of a failure surface are set it can generate several failure surfaces and a FOS against sliding for each. Stability analyses were performed on representative cross sections of the proposed maximum section for both the stockpiles and pond embankments. The mine site facility is shown on the Drawings in Exhibit D. Note that the actual volume of dredged materials placed in the stockpiles will depend on the quantity sold to the construction industry. Modeling completed for this assessment conservatively assumes no material is sold and all dredged material is placed in the stockpile. In reality, stockpiles may be significantly smaller than depicted in the drawings. However, these drawings were created to optimize storage capacity in case sales are limited. Cross Sections: The cross sections used for the stability analysis were derived from the existing ground topography along with the grades developed for the design of the facilities. Stockpile: The cross section was taken from the N3 stockpile (Figure 1), which if fully developed, will have a maximum height on the order of 160 feet. N3 is nestled between the Platte Valley canal and the Evans #2 ditch. The existing ground in this area has a maximum difference in elevation of approximately 35 feet. The existing ground in this area undulates with slopes ranging between 2% to 14%. The ground cover in the area consists of desert type vegetation with low growing bunch grasses and sagebrush. This organic material will be cleared from the area prior to placement of material in the stockpile. Material boundaries were included to show the stockpile materials, the native sandy alluvium, and the underlying transition into weather bedrock layer. The outer slopes of the stockpiles will be developed with a maximum 3H:1V grade and will be placed in approximately 5 -foot lift thicknesses. Normal operations consist of either dozer pushing materials coming from the cyclone underflow or hauling and placing materials into the stockpile. The dredged materials consist primarily of sand and compact readily under the weight of equipment routing over the surface. The moisture content of the material as it comes from the cyclone is around 25% but quickly dries to in the range of 10% to 15% as it is exposed to the air and is allowed to drain. 1 a S 4J 10)- 50 SOXI .10 4750 4 0t Farmers Sand Rule 6.5 — Geotechnical Stability Nov 2024 Figure 1: Cross Section Through N3 Stockpile at Highest Point $ r t I 4 II t y� d el._ - a __ i I. 4 5400 4 00 7 tip 00 1' #00 13 0,5 00 16100 1? 00 1 00 Co at Da 4400 <9:O 400 +SW + c5(1 4 cacti 2ail 2,5 Settling Pond Embankment: Settling Ponds 2, 3A, 3B and 4 have been constructed. Ponds 5, 6, 7, and 8 have not been constructed but the analysis herein are representative of both pond complexes. The ponds were and will be constructed using a cut -and -fill operation, with fill materials placed in one -foot lifts and compacted to achieve 95% of the Standard Proctor density. The maximum cross section, featuring the highest embankment and an existing ground slope that drains away from the facility, is situated on the west side of Pond 3B (Figure 3). The embankment is approximately 13 feet high, with water exiting the pond through a spillway that has a crest elevation three feet below the embankment's top. The upstream and downstream slopes have a gradient of 3H:1V and the crest width is 20 feet. The downstream slope has been seeded and hydro mulched, allowing plant life to establish and thrive throughout the growing season (See Figure 2). The cross section includes three material zones: embankment fill, native sandy alluvium and the underlying transition into a weathered bedrock layer. Figure 2: Settling Pond Embankment Downstream Slope 2 ,4 tIC .pair_ 4830- 4 4820 0 481'. 0 t Farmers Sand Rule 6.5 — Geotechnical Stability Nov 2024 Figure 3: Cross Section thru Settling Pond 3B — West Embankment 478 0+00 I Native Stw nand 1+ ,� 1 +j00 3 -£1-ti. _4 4840 -4 830 - -4820 — 4 310 2+ u:..° •4-i' - +4800 -4 /90 -7V.0 2+90 Material Properties Subsurface soils within the project area generally consist of loose to medium density silty sands directly beneath a thin topsoil layer extending 10 to 15 feet deep. The silty sands are underlain by firm sandy clay. Material property input parameters were developed from laboratory testing and from engineering judgement. The material properties are included in the tables below. Table 1 Material Properties used in Stability Analysis MATERIAL nit (psf) Weight cohesion (psf) Friction Angle Conductivity Hydraulic (/s) Conductivity Hydraulic (cm/s) Fill 120 0 33 3.5e-4 1.07e-2 Native Alluvium 100 0 32 3.5e-4 1.07e-2 28 3.0e-8 2.44e-6 Weathered Bedrock 100 1000 Phreatic Level The stockpile will not develop a phreatic level since the only water entering it comes from surface precipitation. This water will either runoff or be lost through evapotranspiration. The phreatic level through the settling pond embankment was developed using SLIDE by assigning hydraulic conductivities to the soil properties. Boundary conditions were included and consist of the pond water surface level and native groundwater level of 15 feet. Slope Stability Results The following figures show the resulting failure surface and the associated factor of safety (FOS). Analyses were completed for both the upstream and downstream slopes of the Pond 3A embankment (Figures 4 and 5). For conservatism, the angle of the upstream slope was decreased to 2H:1V to account for erosion that can potentially occur here due to the sandy composition of the materials. The failure slope and the resulting FOS for the N1 Stockpile are shown in Figure 6. 3 ERC Rule 6.5 Farmers Sand Geotechnical Stability Nov 2024 The FOS depicted in the figures all exceed 1.5, which is the typical standard for manmade slopes of this nature. 9,. 19. 1.4 au a_ Figure 4: Stability Analysis of Pond 3A Embankment — Upstream Slope MATERIAL PROPERTIES FILL Unit Weight 120 I131113 k3 Cohesion 1 psi Friction Angle: 32 degrees FINE SAND Unit Weight 120 ibth. Cohesion 1 psi Friction Angle. 32 degrees CLAY Unit Weight 120 lbM3 Cohesion. 1000 psi Friction Angle. 28 degrees .0,0 FN0. Clay to Sandy Clay' [FND, Silty to Clayey Sand Figure 5: Stability Analysis of Pond 3A Embankment — Upstream Slope MATERIAL RIAL PROPERTIES FILL Lind Woight: 120 tbilft3 Cohesion.1 f Frdct►oo Angle 33 degrees FINE SAND Unit Weight: 120 Ibrlt3 Cohesion: I pit Inman Angle- 32 degrees CLAY Unit Weight: 1201 W'il Cohesions' 1000 psi Friction M & 28.. degrees END: Clay to Sander Clary . stk., , --- Os - , 4 ERC Rule 6.5 Figure 6: Stability Analysis of N1 Stockpile Ft. Mifrerr IC WI II It'SLA set I rd Dttsan Of•i. 39 tor° t o. Wt . '.14I&1t rut liar 'Jest War, 1th, "ben Ctut bptr r- i,r: 1371 t �•�X' 1 r2 Farmers Sand Geotechnical Stability Nov 2024 -110 441 z - "4s Ira► ,iu +D;4 References Terzaghi and Peck. 1967. Soil Mechanics in Engineering Practice. Wiley. Rocscience Inc., (1998) SLIDE Version 5.044 5 1'z 1,16'J Hello