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Home My WebLink About20231497.tiffTELESTO S O L LI Y I O N S• I CO i P C 1 A T- I; 750 14"' Street SW Loveland, Colorado 80537 970 -484 -7704(p)/970 -484-7789(f) TECHNICAL MEMORANDUM DATE: May 16, 2022 Telesto # 360100-006-01 TO: Weld County Department of Planning Services FROM: Loveland Ready -Mix Concrete SUBJECT: Dunn Pit Fact Sheet 1.0 OVERVIEW Loveland Ready -Mix (LRM) proposes the development of a new sand and gravel mine (Dunn Pit; Project) at the northwest corner of Colorado Highway 257 and Weld County Road 48 1/2 in Weld County (Site). The Site consists of approximately 114 acres of which approximately 76 acres will be utilized for mining, and approximately 38 acres will consist of boundary offsets and the Big Thompson River corridor. The proposed mining operations will include the recovery of sand and gravel resources to produce concrete to serve the Northern Colorado area. Mined aggregate will be hauled to LRM's permitted Johnstown concrete batch plant for processing. LRM will temporarily stockpile mined aggregate to allow the material to drain before hauling. LRM will use stripped topsoil and overburden for final mine reclamation and plans to reclaim the cells as open, unlined lakes. LRM will conduct reclamation concurrent to mining and anticipates no long-term storage of reclamation materials in the floodplain. 2.0 PHASES 2.1 Site Preparation The Dunn Pit Site will be prepared for mining in the following steps: 1. Erosion control BMPs will be installed between the new site access road, bridge, and the Big Thompson River following the layout established in the erosion control plan 2. The site access road will be cut from Weld County Road 48 1/2 northward crossing the Site from south to north 3. A 60 -foot bridge will be constructed where the site access road crosses the Big Thompson River 4. The Site will be cleared of unneeded existing structures (old fencing and cattle chutes) r:\weldcounty\dunnpit_Irm\products\permits\weldco_usr\mining code requirements\fact sheet\20220516_dunnfactsheet_tt.docx TECHNICAL MEMORANDUM To: Weld County Department of Planning Services Date: May 16, 2022 Page 2 2.2 Mining The sand and gravel deposits will be mined from three cells ranging in size from 11 to 36 acres. The cells will be mined in 5 -acre increments under the following procedure: 1. BMPs will be installed between the first mining increment and the Big Thompson River 2. Topsoil, if present, will be stripped from the first mining increment and stockpiled adjacent to the active mining area. Topsoil stockpiles, ditches and grading may be used to direct stormwater into the mining cells. 3. An excavator will be used to mine the aggregate wet (mining excavations will not be dewatered). Aggregate will be mined down to the bedrock contact. The bedrock contact has been estimated at approximately 28 to 30 feet below the ground surface. 4. Mined aggregate will be temporarily stockpiled adjacent to the mining cell and allowed to drain. Drainage water will be directed back to the mined cell. 5. Once drained, stockpiles will be loaded into dump trucks and transported offsite. 2.3 Reclamation During the mining of each 5 -acre increment, reclamation will commence concurrently following mining. The Dunn Pit will be returned to wildlife habitat with groundwater sourced ponds after the mining of each cell is completed. The post -mining land use of wildlife habitat, groundwater sourced ponds, and mitigated wetlands and open space will be compatible with the surrounding area. Upon completion of each mining increment, topsoil will be pushed into place to cover pit outslopes. Slopes of 3H:1V or flatter will be established from 10 feet below the expected water line up to the existing ground surface. Slopes of 2H:1V will be established from 10 feet below the expected water line down to bedrock. Disturbed areas will be seeded. Upon the completion of mining of each cell: • Wetlands will be established with each cell having at least one wetland • Natural grassland/pasture will be established along the property boundary and in- between the mining cells and the Big Thompson River • Riprapped inlets and/or outlets will be constructed to allow Big Thompson River flood waters to enter and exit the cells without undue erosion • Adjustable outlet weirs will be constructed to control pit water level elevations Upon completion of the Project, service roads and the bridge crossing will remain in place so that rangeland maintenance equipment can access the Site. Any areas that are not revegetating properly, and or are experiencing excessive erosion, will be addressed. r:\weldcounty\dunnpit_Irm\products\permits\weldco_usr\mining code requirements\fact sheet\20220516_dunnfactsheet_tt.docx TECHNICAL MEMORANDUM To: Weld County Department of Planning Services Date: May 16, 2022 Page 3 2.3.1 Revegetation The reclaimed areas will be seeded with a grass mix that will be like and compatible with the grass species in the area. The vegetation will be capable of self -regeneration without continued dependence on irrigation or fertilizer. Any wetland mitigation will involve specific seed mixes of approved wetland sod. These may include bull rush, spike rush, and scripts validus. In addition to seeding, LRM plans to plant trees and shrubs in key locations to provide additional buffering and to provide additional diversity and shelter opportunities for wildlife. 3.0 PROCESSING AND STORING The construction material will be mined with an excavator. The construction material will be transported in 15 -ton tandem dump trucks for processing offsite. Any aggregate stockpiled on site will be temporary and will retain in -situ moisture from the wet mining process. Topsoil will be removed and stockpiled in berms around the perimeter of the area being mined. The topsoil berms will be out of the way of the active mining operation and will be near the areas where topsoil will be placed during reclamation. The stockpiles that will remain in place for more than one season will be seeded to stabilize them and minimize erosion. 4.0 AMOUNT OF EXCAVATED MATERIAL, PIT DEPTH, & ACREAGE The deposit to be mined is the Big Thompson River alluvium, which consist of unconsolidated silt, sand, and gravels. The deposit ranges from approximately 25 to 28 feet thick and is overlain by approximately 1 to 2 feet of sandy to clay loam topsoil. The stratum below the target deposit consists of a weathered shale bedrock. The proposed permit site will be divided into three cells and mined in phases. Cell 1 (C1) contains 36.7 acres, Cell 2 (C2) contains 10.9 acres, and Cell 3 (C3) contains 28.3 acres. Error! Reference source not found. shows cell sizes, aggregate, topsoil, and quantities for each cell. r:\weldcounty\dunnpit_Irm\products\permits\weldco_usr\mining code requirements\fact sheet\20220516_dunnfactsheet_tt.docx TELESTO S O L LI Y I O N S• I CO i P C 1 A T- I; 750 14th Street SW Loveland, Colorado 80537 970-484-7704(p)/970-484-7789(1) Table 1 Estimated Mining Quantities ACTIVE MINING CELL INCREMENTAL MINED AREA (AC) TOTAL MINED AREA (AC) INCREMENTAL OVERBURDEN VOLUME (YD3) INCREMENTAL GRAVEL VOLUME (YD3) INCREMENTAL GRAVEL WEIGHT (TONS) CUMULATIVE GRAVEL WEIGHT (TONS) PRODUCTION YEARS AT END OF INCREMENT C1 0-5 5.0 772 157,020 251,232 251,232 1.26 C1 5-10 10.0 13,017 130,178 208,284 459,516 2.30 C1 10-15 15.0 11,811 145,593 232,949 692,465 3.46 C1 15-20 20.0 6,524 205,573 328,917 1,021,382 5.11 C1 20-25 25.0 4,153 206,724 330,759 1,352,141 6.76 C1 25-30 30.0 5,594 209,830 335,728 1,687,868 8.44 C1 30-35 35.0 7,956 224,537 359,259 2,047,127 10.24 C1/C3 35-40 40.0 2,991 174,586 279,338 2,326,465 11.63 C3 40-45 45.0 4,453 180,542 288,867 2,615,331 13.08 C3 45-50 50.0 4,640 186,147 297,835 2,913,166 14.57 C3 50-55 55.0 5,434 200,906 321,449 3,234,615 16.17 C3/C2 55-60 60.0 3,727 189,131 302,610 3,537,226 17.69 C2 60-65 65.0 313 181,780 290,849 3,828,074 19.14 C2 65-70 70.0 1,079 208,974 334,358 4,162,432 20.81 C3 70-75.9 75.9 7,594 239,323 382,916 4,545,348 22.73 r:\weldcounty\dunnpit_Irm\products\permits\weldco_usr\mining code requirements\fact sheet\20220516_dunnfactsheet_tt.docx TELESTO S O L LI Y I O N S• I CO i P C 1 A T- I; 750 14"' Street SW Loveland, Colorado 80537 970 -484 -7704(p)/970 -484-7789(f) 4.1 Timing of Mining and Reclamation Mining operations are anticipated to begin soon after all permits are in place. The extraction rates are expected to be approximately 200,000 tons of aggregate per year. Production rates will vary depending on market demands. LRM plans to conduct concurrent reclamation as mining progresses. Mining and reclamation are planned in five -acre increments. Cell 1/C1 Mining will begin with Cell C1 for the first 10 to 12 years of operation. Approximately 37 acres will be mined in 7 phases during this time with a total of 2,166,145 tons of gravel. Cell 3/C3 Mining will continue into C3 and will last about 8 years. Cell C3 is approximately 28 acres, will be mined in 5 phases to the mining access road; mining will then begin at Cell 2. As Cell 2 is nearing completion, mining will recommence on Cell 3 along the west side of the access road working from north to south. Cell 3 will generate 1,717,639 tons of gravel. Cell 2/C2 Once mining reaches the access road from Cell 3, mining will be focused on Cell 2. Cell 2 will be conducted in 3 phases. Cell C2 is approximately 11 acres, will be mined in 4 phases and take a little over 3 years for a total of 661,565 tons of gravel. Reclamation and mining will be conducted concurrently when practicable to minimize disturbance and material handling. r:\weldcounty\dunnpit_Irm\products\permits\weldco_usr\mining code requirements\fact sheet\20220516_dunnfactsheet_tt.docx TELESTO SQCsLUTIOrJ S• I I C t1 a N C: S A T- 750 14th Street SW Loveland, Colorado 80537 970-484-7704(p)/970-484-77890 TECHNICAL MEMORANDUM DATE: March 5, 2021 Telesto # 360100-006 TO: Mr. Kim Ogle, Weld County Planning Department FROM: Walt Niccoli PE, Telesto Solutions, Inc. on behalf of Loveland Ready -Mix SUBJECT: Pre -Application Meeting Questionnaire This technical memorandum provides the information requested in Weld County's Pre -Application Meeting request form pertaining to Loveland Ready -Mix Concrete, Inc's (LRM's) proposed Dunn Pitt. 1.0 DETAILED DESCRIPTION OF PROPOSAL LRM owns the parcels listed in the pre -application form at the northeast corner of Colorado Highway 257 and Weld County Road 48 %/z (Figure 1), called the Dunn Site. LRM is in the process of developing formal mining plans for the Dunn Site to extract aggregate resources for the sole use in its concrete-batching operations. LRM plans to: Mine the aggregate materials "wet" (i.e., no dewatering) Stockpile mined material adjacent to the active mining area Load drained material onto 15 -ton tandem haul trucks Truck aggregate material to the LRM's Johnstown Concrete -Batch Plant located at the corner of Colorado HVVY 402 and Weld County Road 13 Figure 2 depicts LRM's conceptual mining plan. Site surveys are underway to identify oil and gas and other easements through the property. The mining cells shown in Figure 2 are entirely conceptual, for discussion purposes. Also shown in Figure 2 is a schematic of the load out area. The load out area will move with the active mining. LRM will actively reclaim areas once they are no longer active. Figure 3 shows the approximately 6.2 -mile routes (one way) that LRM will utilize to transport aggregate material to their Johnstown Concrete -Batch Plant (Johnstown Site). The Johnstown Site is a fully permitted, industrially zoned operation. LRM will process (i.e., screen, segregate, and crush) the aggregate materials at their Johnstown Site for use in their mixing of concrete for sale in Northern Colorado. LRM will not process aggregate materials on the Dunn Site. Currently, LRM plans to mine 200,000 tons of aggregate per year. r:\weldcounty\dunnpit_Irm\products\permits\weldco_usr\20210305_weldcopreappmemo.docx TECHNICAL MEMORANDUM To: Mr. Kim Ogle Date: March 5, 2021 P age 2 LRM plans no permanent facilities at the Dunn Site. The excavator and loader operators will arrive in their personal or company owned vehicles. LRM will contract a portable toilet, drinking water, and hand -wash station for use by its employees. LRM is currently collecting baseline information for use in its upcoming permitting efforts with the County, State [Colorado Division of Reclamation and Mine Safety (DRMS), Colorado Department of Public Health and Environment (CDPHE), Colorado Division of Water Resources (CDWR)], and Federal Government [Army Corps of Engineers (ACOE) and US Environmental Protection Agency (USEPA)]. 2.0 EXISTING USE OF THE PROPERTY LRM currently leases the property out for pasture. 3.0 DESCRIBE THE EXISTING AND PROPOSED POTABLE WATER SOURCE N o existing potable water source exists under LRM's control. LRM will place a portable water cooler/supply near the porta-john at the edge of the active load -out area. 4.0 DESCRIBE THE EXISTING AND PROPOSED SEWAGE DISPOSAL SYSTEM N o existing sewage disposal system exists on site. LRM will provide a contracted port -a -john for use by its equipment operators and truck drivers. 5.0 EXISTING SITE LAYOUT (BUILDINGS, SIGNS, LIGHTS, FENCING/SCREENING, LANDSCAPING, PARKING) The existing site is strictly used for grazing purposes. Oil and gas wells are actively maintained on site via access agreements and easements (LRM does not own the oil and gas mineral right). The existing river crossing is a simple earthen design. The site is fenced with barbed wire and hogs wire in certain locations. r:\weldcounty\dunnpit_Irm\products\permits\weldco_usr\20210305_weldcopreappmemo.docx TECHNICAL MEMORANDUM To: Mr. Kim Ogle Date: March 5, 2021 Page 3 6.0 PROPOSED IMPROVEMENTS (BUILDINGS, SIGNS, LIGHTS, FENCING/SCREENING, LANDSCAPING, PARKING) Because LRM plans only to mine and haul material from the site, they plan no permanent buildings, lighting, or parking. Fencing will remain as it is currently. DRMS requires that LRM place a sign at the entrance to the site. The only improvement planned on site is the upgrade of the Big Thompson river crossing. Current conceptual plans include culverts to pass the 25 -year flow with sacrificial shoulders for larger flows. 7.0 ON -SITE OIL AND GAS FACILITIES, IRRIGATION DITCHES/LATERALS, PIPELINES, OVERHEAD LINES, RAILROAD Three active and one plugged and abandoned oil and gas wells exist on site as shown in Figure 2. LRM is undertaking an ALTA survey to identify access and pipeline easements. They will adjust their mine plans accordingly. An active railroad runs northeast of the site. The ALTA survey will identify the railroad right of way, which LRM will avoid. 8.0 HOURS AND DAYS OF OPERATION LRM plans to operate at the Dunn Site during daylight hours only: mining 6 -days per week and hauling 5 -days per week. 9.0 NUMBER OF FULL-TIME AND PART-TIME EMPLOYEES PROPOSED TO WORK ON -SITE LRM will employ 2 -full time equipment operators and four truck drivers to work the site. 10.0 NUMBER OF PEOPLE ACCESSING THIS SITE ON A DAILY AND WEEKLY BASIS The aforementioned operators and truck drivers will access the site daily (i.e., a total of 74 trip -ends daily). LRM will send a service vehicle from the Johnstown site once a day to fuel and service the equipment. Any significant maintenance or repairs, LRM will haul the equipment to their Johnstown Site. The portable toilet contractor will be the only other regularly scheduled entrance/exit from the site. r:\weldcounty\dunnpit_Irm\products\permits\weldco_usr\20210305_weldcopreappmemo.docx TECHNICAL MEMORANDUM To: Mr. Kim Ogle Date: March 5, 2021 Page 4 11.0 NUMBER AND TYPE OF VEHICLES THAT WILL ACCESS AND/OR BE STORED ON -SITE LRM will store an excavator, front-end loader, and small water truck on site. Operator's personal or company vehicles, four -15 -ton haul trucks, and a service truck are the only other regular vehicles accessing the site. 12.0 KNOWN STATE OR FEDERAL PERMITS REQUIRED FOR YOUR PROPOSED USE(S) AND CURRENT STATUS All permitting efforts are in the initial phases (pre -application). State Permits: DRMS mining and reclamation permit CDPHE air and stormwater permit CDWR water rights permitting Federal Permits: ACOE 404 — waters of the United States permitting. Wetland mitigation if necessary and fill permit for upgrading the river crossing USEPA — 401 certification to accompany the 404 permitting process County: Use by special review Floodplain permit 13.0 STORAGE AND CONTAINMENT OF FUEL, WASTES, EXPLOSIVES, CHEMICALS ON -SITE No storage of the aforementioned except for sewage waste in the portable toilets. 14.0 POTENTIAL ON -SITE NUISANCES Because LRM will mine the site wet, they expect dust to be minimal. They will put in place watering of the internal haul roads to also limit dust generation from hauling of materials. r:\weldcounty\dunnpit_Irm\products\permits\weldco_usr\20210305_weldcopreappmemo.docx TECHNICAL MEMORANDUM To: Mr. Kim Ogle Date: March 5, 2021 Page 5 Noise is always a potential nuisance to neighbors. LRM is undertaking a baseline noise study to project potential impacts and devise mitigation measures if necessary. r:\weldcounty\dunnpit_Irm\products\permits\weldco_usr\20210305_weldcopreappmemo.docx 3150000 ft 3200000 ft 0 C 0 0 0 0 0 0 0 LU - Caw • 1 rV. 64 • it I I I I I I 0.0 lr ,i, 1.5 Vitt 3.0 VLt,L . IC 1 41-r, n FI Jr J " • '3 • t, Windsor , • US 34.a. Loveland Ready -Mix Proposed Dunn Pit Johnstown C.R48. /z • Platte , Elte telt ' r dad // • • ar ... 3150000 ft 3200000 ft 14 0O000171, w cn 0 0 C COORDINATE SYSTEM NAD83 COLORADO NORTH FIGURE 1 LOVELAND READY -MIX CONCRETE, INC DUNN PIT LOCATION Existing Crossing Upgrade with Culverts and Hi -Flow By-pass \\,„,,,,,., illt% ,i, Channels Notes: LRM Parcel Mine Celt Spillway 100-yr Floodplain Boundary Ordinary High -Water Marl Internal Haul Road -I— Down Slope Oil and Gas Well Surface Water Flow Direction FIGURE 2 LOVELAND READY -MIX CONCRETE, INC CONCEPTUAL MINE PLAN LOVELAND READY•MIX CONCRETE O V O A W1,4 'ART i WELD CO.. Return > > > > > > > > > > > > > > > > > > > > T5N R670tvle < <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<4 15OO ft :3.500 Loveland Ready -Mix Proposed Dunn Pit Q Q *. F 4- Q 06. - 4 OOOOOOoo<soa.O400000< 000000000 CORDS Notes: • Entrance onto CR 48 1/2 at existing driveway • Haut routes proposed - Approx. 6.2 mites each way - lOw ..-►e f7•4f6II et.r*r Mop, QOM lea LRM Parcel Haut Route COORDINATE SYSTEM NAD83 COLORADO NORTH 4R. f I VNI •! ¢I4-"' tellies n'.x::. II FIGURE 3 LOVELAND READY -MIX CONCRETE, INC HAUL ROUTES LOVELAND READY•MIX CONCRETE FOR COMMERCIAL OR INDUSTRIAL BUILDINGS, PLEASE COMPLETE THE FOLLOWING INFORMATION: Business Name: Address: Business Owner: Home Address: Loveland Ready -Mix Concrete, Inc. 644 N. Namaqua Ave Brad Fancher Phone: City, state, zip: Phone: City, state, zip: List up to three persons in the order to be called in the event of an emergency: NAME Brad Fancher TITLE President PHONE 970-214-6294 970-667-1108 Loveland, Colorado 80539 970-776-4522 ADDRESS Greg Reimer Gravel Plant Manager 970-215-0174 Zach Mitchell Safety Director 970-776-4525 Business Hours: 7:30 AM - 4 PM UTILITY SHUT OFF LOCATIONS: Main Electrical: Gas Shut Off: N/A Days: M -F N/A Exterior Water Shutoff: N/A Interior Water Shutoff: N/A 9/10/21 12 Public Notification Structure Agreements An example Structure Agreement which meets the requirements of the Statutes is shown below. ************* k****>F**se*x**** * * * ****************** *****3,e*$c*x** ******************** Structure Agreement This letter has been provided to you as the owner of a structure on or within two hundred (200) feet of a proposed mine site. The State of Colorado, Division of Reclamation, Mining and Safety ("Division") requires that where a mining operation will adversely affect the stability of any significant, valuable and permanent man-made structure located within two hundred (200) feet of the affected land, the Applicant shall either: a) Provide a notarized agreement between the Applicant and the Person(s) having an interest in the structure, that the Applicant is to provide compensation for any damage to the structure; or b) Where such an agreement cannot be reached, the Applicant shall provide an appropriate engineering evaluation that demonstrates that such structure shall not be damaged by activities occurring at the mining operation; or c) Where such structure is a utility, the Applicant may supply a notarized letter, on utility letterhead, from the owner(s) of the utility that the mining and reclamation activities, as proposed, will have "no negative effect" on their utility. ( Construction Materials Rule 6.3.12 and Rule 6.4.19 & Hard Rock/Metal Mining Rule 6.3.12 and Rule 6.4.20) The Colorado Mined Land Reclamation Board ("Board') has determined that this form, if properly executed, represents an agreement that complies with Construction Materials Rule 6.3.12(a), Rule 6.4.19(a), and C.R.S. § 31-32.5-115(-l)(e) and with Hard Rock Metal Mining Rule 6.3.12(a), Rule 6.4.20(a), and C.R.S. § 34-3 2-115(-l) (d). This, form is, for the sole purpose of ensuring compliance with the Rules and Regulations and shall not make the Board or Division a necessary party to any private civil lawsuit to enforce the terms of the agreement or create any enforcement obligations in the Board or the Division. The following structures are located on or within 200 feet of the proposed affected area: Colorado Department of Transportation - HighUvoy 257 2. David Dunn anti Kell; Eredal - res+deuce, Fence, outL�{i(di��s 3. Kerr McGee - Oil cincl cCas Production Facility, three oil an d has webs 4. Janice KOac{lb - fence 5. Jose Martin - residence. (Please list additional structures on a separate page) 6 Kirnberly Steffen - residence, fence 7, David Terrell -- residence, outbuildings, fence g. David Vanrriorimer - residence, fence 9. Elizabeth SticF er-Martin - residence, fence 10 Union Pacific Railroad - railroad spur 11. Weld County - County Road 48 1 12. T[rt= (4),(1) oao -(7) 70171 Or )000 l:st;+lt ! /21 !?.: turn Receipt $2.85 Tracking #: 9,190 902 2h01 63011 11227 . 8 $7.1111 f- ; .:'1 I H. 19 . !fie a;]t:--eL: } at y'r ;lr pat l t:'i it:e In a hurry? 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S - ❑ Cu: ;iIiaci Mail Re_ficled Celively S ❑ Adult Sign,:uro Hequired S Adu't Signawra Restricted De Ivery S Postage S -Total Postage and Foos S Said To Smart and AprNd., or YO BD iiryWtatc, +4-, Postmark icre .-�1. rza Li S- 1(2 1�l PS Form 3800, April 2015 pSN 76ao-d2-oaasaz See Reverse for Instructions 701? 1000 U.S. Postal Service CERTIFIED MAIL® RECEIPT Domestic Mail Only Certified Mail Fee Extra Services G feet (check Goy, ar<p l� dy'grp y,;uYi ❑ R6:urn +'irce:jef (h ardeepyj [� Retain Receipt(eleclrpii5 5 -. [� Certi Ped 4fail RC;lricted F]prveiy S 1 ❑ ACu r Signature lagvi ed g _ _ ❑ Adult S:gna:ern Ro;lricted Delivery S Po5Fdgo a Total postage end Fees S 7 � AA fI. .Streel add Apr- Np-, ttR l�fii,___________ _ Seed To ay Stale, ZI tztzt__ :Ps Fenn 3800, April 2018 Rsty ir,svvaC00spa7 See Reverse for Instructions Postmark Hero TELESTO 5O LUil O N S• INCORPORATED August 27, 2021 Colorado Department of Transportation (CDOT) Region 4 10601 W. 10th Street Greeley, Colorado 80634 Subject: Structure Agreement Loveland Ready -Mix Dunn Pit, Milliken, Colorado NW Corner of Hwy 257 and Weld County Road 481/2 Dear CDOT: Loveland Ready -Mix Concrete Inc. (LRM) will file an application for a Regular (112) Construction Materials Operation Reclamation Permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. As part of the application, LRM conducted a geotechnical stability analysis showing that the mining and reclamation as proposed will have no negative effect on nearby structures. Regardless of the analysis, the Act requires that LRM notify structure owners within 200 feet of the proposed mine to notify them of their rights should any damage occur to their structure(s) from geotechnical instability. Attached is a notarized agreement in which LRM would provide compensation for any damage to structure(s) resulting from mining activity. LRM requests the acknowledgement of the agreement. Please sign and return a copy in the enclosed stamped and self-addressed envelope. If you have any questions or concerns, please feel free to contact me at the telephone number in the letter head. Sincerely, Telesto Solutions, Inc. Walter L. Niccoli, PE Principal/Senior Engineer WLN: chj Enclosure cc: LRM Colorado Office (Corporate) Grand Junction New Mexico Office 750 14th Street SW Loveland, Colorado 80537 970-484-7704 / 970-484-7789 (FAX) 751 Horizon Court, Suite 109 Grand Junction, Colorado 81506 970-697-1550 1303 Pope Street Silver City, New Mexico 88061 575-538-5620 / 575-538-5625 (FAX) TELESTO 5O LUil O N S• INCORPORATED August 27, 2021 David Dunn and Kelli Bredal 9561 County Road 48 1/2 PO Box 514 Milliken, Colorado 80543 Subject: Structure Agreement Loveland Ready -Mix Dunn Pit, Milliken, Colorado NW Corner of Hwy 257 and Weld County Road 481/2 Dear David Dunn and Kelli Bredal: Loveland Ready -Mix Concrete Inc. (LRM) will file an application for a Regular (112) Construction Materials Operation Reclamation Permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. As part of the application, LRM conducted a geotechnical stability analysis showing that the mining and reclamation as proposed will have no negative effect on nearby structures. Regardless of the analysis, the Act requires that LRM notify structure owners within 200 feet of the proposed mine to notify them of their rights should any damage occur to their structure(s) from geotechnical instability. Attached is a notarized agreement in which LRM would provide compensation for any damage to structure(s) resulting from mining activity. LRM requests the acknowledgement of the agreement. Please sign and return a copy in the enclosed stamped and self-addressed envelope. If you have any questions or concerns, please feel free to contact me at the telephone number in the letter head. Sincerely, Telesto Solutions, Inc. Walter L. Niccoli, PE Principal/Senior Engineer WLN: chj Enclosure cc: LRM Colorado Office (Corporate) Grand Junction New Mexico Office 750 14th Street SW Loveland, Colorado 80537 970-484-7704 / 970-484-7789 (FAX) 751 Horizon Court, Suite 109 Grand Junction, Colorado 81506 970-697-1550 1303 Pope Street Silver City, New Mexico 88061 575-538-5620 / 575-538-5625 (FAX) TELESTO 5O LUil O N S• INCORPORATED August 27, 2021 Kerr-McGee Oil and Gas PO Box 173779 Denver, Colorado 80217-3779 Subject: Structure Agreement Loveland Ready -Mix Dunn Pit, Milliken, Colorado NW Corner of Hwy 257 and Weld County Road 481/2 Dear Kerr McGee Oil and Gas: Loveland Ready -Mix Concrete Inc. (LRM) will file an application for a Regular (112) Construction Materials Operation Reclamation Permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. As part of the application, LRM conducted a geotechnical stability analysis showing that the mining and reclamation as proposed will have no negative effect on nearby structures. Regardless of the analysis, the Act requires that LRM notify structure owners within 200 feet of the proposed mine to notify them of their rights should any damage occur to their structure(s) from geotechnical instability. Attached is a notarized agreement in which LRM would provide compensation for any damage to structure(s) resulting from mining activity. LRM requests the acknowledgement of the agreement. Please sign and return a copy in the enclosed stamped and self-addressed envelope. If you have any questions or concerns, please feel free to contact me at the telephone number in the letter head. Sincerely, Telesto Solutions, Inc. Walter L. Niccoli, PE Principal/Senior Engineer WLN: chj Enclosure cc: LRM Colorado Office (Corporate) Grand Junction New Mexico Office 750 14th Street SW Loveland, Colorado 80537 970-484-7704 / 970-484-7789 (FAX) 751 Horizon Court, Suite 109 Grand Junction, Colorado 81506 970-697-1550 1303 Pope Street Silver City, New Mexico 88061 575-538-5620 / 575-538-5625 (FAX) TELESTO 5O LUil O N S• INCORPORATED August 27, 2021 Janice Knaub 9510 County Road 48 1/2 Milliken, Colorado 80543 Subject: Subject: Structure Agreement Structure Agreement Loveland Ready -Mix Dunn Pit, Milliken, Colorado NW Corner of Hwy 257 and Weld County Road 481/2 Dear Janice Knaub: Loveland Ready -Mix Concrete Inc. (LRM) will file an application for a Regular (112) Construction Materials Operation Reclamation Permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. As part of the application, LRM conducted a geotechnical stability analysis showing that the mining and reclamation as proposed will have no negative effect on nearby structures. Regardless of the analysis, the Act requires that LRM notify structure owners within 200 feet of the proposed mine to notify them of their rights should any damage occur to their structure(s) from geotechnical instability. Attached is a notarized agreement in which LRM would provide compensation for any damage to structure(s) resulting from mining activity. LRM requests the acknowledgement of the agreement. Please sign and return a copy in the enclosed stamped and self-addressed envelope. If you have any questions or concerns, please feel free to contact me at the telephone number in the letter head. Sincerely, Telesto Solutions, Inc. Walter L. Niccoli, PE Principal/Senior Engineer WLN: chj Enclosure cc: LRM Colorado Office (Corporate) Grand Junction New Mexico Office 750 14th Street SW Loveland, Colorado 80537 970-484-7704 / 970-484-7789 (FAX) 751 Horizon Court, Suite 109 Grand Junction, Colorado 81506 970-697-1550 1303 Pope Street Silver City, New Mexico 88061 575-538-5620 / 575-538-5625 (FAX) TELESTO 5O LUil O N S• INCORPORATED August 27, 2021 Jose Martin 9936 County Road 48 1/2 Milliken, Colorado 80543 Subject: Structure Agreement Loveland Ready -Mix Dunn Pit, Milliken, Colorado NW Corner of Hwy 257 and Weld County Road 481/2 Dear Jose Martin: Loveland Ready -Mix Concrete Inc. (LRM) will file an application for a Regular (112) Construction Materials Operation Reclamation Permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. As part of the application, LRM conducted a geotechnical stability analysis showing that the mining and reclamation as proposed will have no negative effect on nearby structures. Regardless of the analysis, the Act requires that LRM notify structure owners within 200 feet of the proposed mine to notify them of their rights should any damage occur to their structure(s) from geotechnical instability. Attached is a notarized agreement in which LRM would provide compensation for any damage to structure(s) resulting from mining activity. LRM requests the acknowledgement of the agreement. Please sign and return a copy in the enclosed stamped and self-addressed envelope. If you have any questions or concerns, please feel free to contact me at the telephone number in the letter head. Sincerely, Telesto Solutions, Inc. Walter L. Niccoli, PE Principal/Senior Engineer WLN: chj Enclosure cc: LRM Colorado Office (Corporate) Grand Junction New Mexico Office 750 14th Street SW Loveland, Colorado 80537 970-484-7704 / 970-484-7789 (FAX) 751 Horizon Court, Suite 109 Grand Junction, Colorado 81506 970-697-1550 1303 Pope Street Silver City, New Mexico 88061 575-538-5620 / 575-538-5625 (FAX) TELESTO 5O LUil O N S• INCORPORATED August 27, 2021 Kimberly Steffen 9886 County Road 48 1/2 Milliken, Colorado 80543 Subject: Structure Agreement Loveland Ready -Mix Dunn Pit NW Corner of Hwy 257 and Weld County Road 481/2 Dear Kimberly Steffen: Loveland Ready -Mix Concrete Inc. (LRM) will file an application for a Regular (112) Construction Materials Operation Reclamation Permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. As part of the application, LRM conducted a geotechnical stability analysis showing that the mining and reclamation as proposed will have no negative effect on nearby structures. Regardless of the analysis, the Act requires that LRM notify structure owners within 200 feet of the proposed mine to notify them of their rights should any damage occur to their structure(s) from geotechnical instability. Attached is a notarized agreement in which LRM would provide compensation for any damage to structure(s) resulting from mining activity. LRM requests the acknowledgement of the agreement. Please sign and return a copy in the enclosed stamped and self-addressed envelope. If you have any questions or concerns, please feel free to contact me at the telephone number in the letter head. Sincerely, Telesto Solutions, Inc. Walter L. Niccoli, PE Principal/Senior Engineer WLN: chj Enclosure cc: LRM Colorado Office (Corporate) Grand Junction New Mexico Office 750 14th Street SW Loveland, Colorado 80537 970-484-7704 / 970-484-7789 (FAX) 751 Horizon Court, Suite 109 Grand Junction, Colorado 81506 970-697-1550 1303 Pope Street Silver City, New Mexico 88061 575-538-5620 / 575-538-5625 (FAX) TELESTO 5O LUil O N S• INCORPORATED August 27, 2021 Elizabeth Stickler -Martin 9844 County Road 48 1/2 Milliken, Colorado 80543 Subject: Structure Agreement Loveland Ready -Mix Dunn Pit, Milliken, Colorado NW Corner of Hwy 257 and Weld County Road 481/2 Dear Elizabeth Stickler -Martin: Loveland Ready -Mix Concrete Inc. (LRM) will file an application for a Regular (112) Construction Materials Operation Reclamation Permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. As part of the application, LRM conducted a geotechnical stability analysis showing that the mining and reclamation as proposed will have no negative effect on nearby structures. Regardless of the analysis, the Act requires that LRM notify structure owners within 200 feet of the proposed mine to notify them of their rights should any damage occur to their structure(s) from geotechnical instability. Attached is a notarized agreement in which LRM would provide compensation for any damage to structure(s) resulting from mining activity. LRM requests the acknowledgement of the agreement. Please sign and return a copy in the enclosed stamped and self-addressed envelope. If you have any questions or concerns, please feel free to contact me at the telephone number in the letter head. Sincerely, Telesto Solutions, Inc. Walter L. Niccoli, PE Principal/Senior Engineer WLN: chj Enclosure cc: LRM Colorado Office (Corporate) Grand Junction New Mexico Office 750 14th Street SW Loveland, Colorado 80537 970-484-7704 / 970-484-7789 (FAX) 751 Horizon Court, Suite 109 Grand Junction, Colorado 81506 970-697-1550 1303 Pope Street Silver City, New Mexico 88061 575-538-5620 / 575-538-5625 (FAX) TELESTO 5O LUil O N S• INCORPORATED August 27, 2021 David Terrell 9836 County Road 48 1/2 Milliken, Colorado 80543 Subject: Structure Agreement Loveland Ready -Mix Dunn Pit, Milliken, Colorado NW Corner of Hwy 257 and Weld County Road 481/2 Dear David Terrell: Loveland Ready -Mix Concrete Inc. (LRM) will file an application for a Regular (112) Construction Materials Operation Reclamation Permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. As part of the application, LRM conducted a geotechnical stability analysis showing that the mining and reclamation as proposed will have no negative effect on nearby structures. Regardless of the analysis, the Act requires that LRM notify structure owners within 200 feet of the proposed mine to notify them of their rights should any damage occur to their structure(s) from geotechnical instability. Attached is a notarized agreement in which LRM would provide compensation for any damage to structure(s) resulting from mining activity. LRM requests the acknowledgement of the agreement. Please sign and return a copy in the enclosed stamped and self-addressed envelope. If you have any questions or concerns, please feel free to contact me at the telephone number in the letter head. Sincerely, Telesto Solutions, Inc. Walter L. Niccoli, PE Principal/Senior Engineer WLN: chj Enclosure cc: LRM Colorado Office (Corporate) Grand Junction New Mexico Office 750 14th Street SW Loveland, Colorado 80537 970-484-7704 / 970-484-7789 (FAX) 751 Horizon Court, Suite 109 Grand Junction, Colorado 81506 970-697-1550 1303 Pope Street Silver City, New Mexico 88061 575-538-5620 / 575-538-5625 (FAX) TELESTO 5O LUil O N S• INCORPORATED August 27, 2021 Union Pacific RR c/o KW Teague 7878 Wadsworth Blvd. Arvada, Colorado 80003 Subject: Structure Agreement Loveland Ready -Mix Dunn Pit, Milliken, Colorado NW Corner of Hwy 257 and Weld County Road 481/2 Dear Union Pacific RR: Loveland Ready -Mix Concrete Inc. (LRM) will file an application for a Regular (112) Construction Materials Operation Reclamation Permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. As part of the application, LRM conducted a geotechnical stability analysis showing that the mining and reclamation as proposed will have no negative effect on nearby structures. Regardless of the analysis, the Act requires that LRM notify structure owners within 200 feet of the proposed mine to notify them of their rights should any damage occur to their structure(s) from geotechnical instability. Attached is a notarized agreement in which LRM would provide compensation for any damage to structure(s) resulting from mining activity. LRM requests the acknowledgement of the agreement. Please sign and return a copy in the enclosed stamped and self-addressed envelope. If you have any questions or concerns, please feel free to contact me at the telephone number in the letter head. Sincerely, Telesto Solutions, Inc. Waiter L. Niccoli, PE Principal/Senior Engineer WLN: chj Enclosure cc: LRM Colorado Office (Corporate) Grand Junction New Mexico Office 750 14th Street SW Loveland, Colorado 80537 970-484-7704 / 970-484-7789 (FAX) 751 Horizon Court, Suite 109 Grand Junction, Colorado 81506 970-697-1550 1303 Pope Street Silver City, New Mexico 88061 575-538-5620 / 575-538-5625 (FAX) TELESTO 5O LUil O N S• INCORPORATED August 27, 2021 David Vanwormer 9916 County Road 48 1/2 Milliken, Colorado 80543 Subject: Structure Agreement Loveland Ready -Mix Dunn Pit, Milliken, Colorado NW Corner of Hwy 257 and Weld County Road 481/2 Dear David Vanwormer: Loveland Ready -Mix Concrete Inc. (LRM) will file an application for a Regular (112) Construction Materials Operation Reclamation Permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. As part of the application, LRM conducted a geotechnical stability analysis showing that the mining and reclamation as proposed will have no negative effect on nearby structures. Regardless of the analysis, the Act requires that LRM notify structure owners within 200 feet of the proposed mine to notify them of their rights should any damage occur to their structure(s) from geotechnical instability. Attached is a notarized agreement in which LRM would provide compensation for any damage to structure(s) resulting from mining activity. LRM requests the acknowledgement of the agreement. Please sign and return a copy in the enclosed stamped and self-addressed envelope. If you have any questions or concerns, please feel free to contact me at the telephone number in the letter head. Sincerely, Telesto Solutions, Inc. Walter L. Niccoli, PE Principal/Senior Engineer WLN: chj Enclosure cc: LRM Colorado Office (Corporate) Grand Junction New Mexico Office 750 14th Street SW Loveland, Colorado 80537 970-484-7704 / 970-484-7789 (FAX) 751 Horizon Court, Suite 109 Grand Junction, Colorado 81506 970-697-1550 1303 Pope Street Silver City, New Mexico 88061 575-538-5620 / 575-538-5625 (FAX) TELESTO 5O LUil O N S• INCORPORATED August 27, 2021 Weld County Public Works 1111 H Street Greeley, Colorado 80631 Subject: Structure Agreement Loveland Ready -Mix Dunn Pit, Milliken, Colorado NW Corner of Hwy 257 and Weld County Road 481/2 Dear Weld County Public Works: Loveland Ready -Mix Concrete Inc. (LRM) will file an application for a Regular (112) Construction Materials Operation Reclamation Permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. As part of the application, LRM conducted a geotechnical stability analysis showing that the mining and reclamation as proposed will have no negative effect on nearby structures. Regardless of the analysis, the Act requires that LRM notify structure owners within 200 feet of the proposed mine to notify them of their rights should any damage occur to their structure(s) from geotechnical instability. Attached is a notarized agreement in which LRM would provide compensation for any damage to structure(s) resulting from mining activity. LRM requests the acknowledgement of the agreement. Please sign and return a copy in the enclosed stamped and self-addressed envelope. If you have any questions or concerns, please feel free to contact me at the telephone number in the letter head. Sincerely, Telesto Solutions, Inc. Walter L. Niccoli, PE Principal/Senior Engineer WLN: chj Enclosure cc: LRM Colorado Office (Corporate) Grand Junction New Mexico Office 750 14th Street SW Loveland, Colorado 80537 970-484-7704 / 970-484-7789 (FAX) 751 Horizon Court, Suite 109 Grand Junction, Colorado 81506 970-697-1550 1303 Pope Street Silver City, New Mexico 88061 575-538-5620 / 575-538-5625 (FAX) CERTIFICATION The Applicant, 1_oveiond Ready -Mix Concrete, f i c:. (print applicant/company name), by Brad Fancher (print representative's name), as President (print representative's title), does hereby certify that (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Dunn !Pit (operation name), File Number M-1999- 065. This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or mortification to this, form shall result in voiding this. form NOTARY FOR PERMIT APPLICANT ACKNOWLEGED BY: Loietand Ready -Mix Applicant Concrete, Inc. Representative Name ,�� l%/✓~ Date' , 2_(0 - a t Title President - STATE OF(3) ��) ss. COUNTY OF Lo i^\r`9( ) The foregoing was acknowledged before me this Tin day of , 20 Zl , by as of Notary Public ACKNOWLEGED BY: Structure Owner Date My Commission Expires: WENDY COPPERSMITH NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20074036454 MY COMMISSION EXPIRES OCT 4, 2023 to -q ,Zo2� NOTARY FOR STRUCTURE OWNER STATE OF COUNTY OF ) ss. Name Title The foregoing was acknowledged before me this day of _ as of , 20 , by My Commission Expires: Notary Public September 9, 2021 Brad Fancher Loveland Ready -Mix Concrete, Inc. PO Box 299 Loveland, Colorado 80539 Legal Right to Enter Loveland Ready -Mix Concrete, Inc. has the right to enter into the real property situated in the Northeast 1/4 of Section 3, Township 4 North, Range 67 West of the 6th P.M. and the SWSE of Section 34, Township 5 North, Range 67 West of the 6th P.M., Weld County, State of Colorado. Refer to Exhibit A for full legal description. Loveland Ready -Mix Concrete, Inc's. officers, employees, contractors and agents have permission to enter upon the Property for all purposes, including the exploration for gravel, sand and aggregate. Loveland Ready -Mix Concrete, Inc. confirms that they have authority and right to execute all documents required to apply for and obtain permits to mine gravel, sand and aggregate on the Property. The permission granted by this letter shall be effective immediately and shall remain in effect until mining activity ceases. Loveland Ready -Mix Concrete, Inc. Brad Fancher, President The foregoing instrument was acknowledged before me on Z(P)ZA ,by Brad Fancher, as President of Loveland Ready -Mix Concrete, Inc. Witness zy hand and seal. My commission expires: ii,C7 Notary Public WENDY COPPERSMITH NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20074036454 MY COMMISSION EXPIRES OCT 4, 2023 CERTIFICATION The Applicant, Love[and Ready -Mix Concrete, Inc. (print applicant/company name), byBrad Foncher (print representative's name), as President _(print representative's title), does hereby certify that Zayo Bandwidth (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Dunn Pit (operation name), File Number M-2021- O59. This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT ACKNOWLEGED BY: Loveland Ready -Mix Applicant Concrete, Inc. Date % 1 �� STATE OF etAor D .10 ) ) ss. COUNTY OF Lailm ) Representative Name./' Title President The foregoin was acknowledged before me this 'day of_Q,lor , 207_ by F)Y--t4 as ? 5l of Lo icc N ary Public ACKNOWLEGED BY: Structure Owner Date My Commission Expires: 1\\ • -u JOAN E HORST Notary Public State of Co4orado Notary ID # 19944018967 My Commission Expires 11-2.1-2022 j NOTARY FOR STRUCTURE OWNER STATE OF COUNTY OF ) ss. Name Title The foregoing was acknowledged before me this day of , 20, by as of My Commission Expires: Notary Public CERTIFICATION The Applicant, Loveland Ready --Mix Concrete, inc. (print applicant/company name), byBrcid Pancher (print representative's name), as President (print representative's title), does hereby certify that Century LLC (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Dunn Pit (operation name), File Number M-2021- 059. This. form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT ACKNOWLEGED BY: Loveland Ready -Mix Applicant Concrete, lnc. Date STATE OF Cpl{omti COUNTY OF 001, 'vi/l ) ss. t Representative Name !� Title President 1^ The foregoing was acknowledged before me this i r -,01 -\ day of P\O 20 2 , by B FC?.Jfl� V ui XZ__, as ?t2 a --,[ C C' of 1,oV� D)l . Cl}1(VAS; kCc DMy Commission Expires: 0v . 211 [JJZ2— NdC�1ry a Public ACKNOWLEGED BY: Structure Owner Date NOTARY FOR STRUCTURE OWNER STATE OF ) ) ss. COUNTY OF ) Name Title JOAN E HORST Notary Public State of Colorado Notary ID # 19944016967 My Commission Expires 11-21-2022 The foregoing was acknowledged before me this day of , 20 , by as of My Commission Expires: Notary Public CERTIFICATION The Applicant, Loveland Ready -Mix Concrete, inc. (print applicant/company name), byBrad Faucher (print representative's name), as President (print representative's title), does hereby certify that Mac{ Russian Golf CoUrse(structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Dunn Pit (operation name), File Number M-2021- 059. This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act_ for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or nzodification to this fora: shall result in voiding this form NOTARY FOR PERMIT APPLICANT ACKNOWLEGED BY: Loveland Ready -Mix Applicant Concrete, Inc. Date ._fir,." 4. STATE OF(O1,t9 rrr 0 ) ) ss. COUNTY OF La -N\ cY ) � f Representative Name /z�-�. Title President The foregoing was acknowledged before me this C day of frL , 202:Z -by 'Er F C \ C .`P ps }7 RS idQXG of 1,.0 1 , _)y,C A'1V ed_ Notary Public ACKNOWLEGED BY: Structure Owner Date My Commission Expires: NIA - U ZD2=2 JOAN E HORST Notary Public State of Colorado Notary ID # 19944018967 My Commission Expires 11-21-2022 NOTARY FOR STRUCTURE OWNER STATE OF COUNTY OF ) ss. Name Title The foregoing was acknowledged before me this as day of _ of Notary Public ,20 ,by My Commission Expires: CERTIFICATION The Applicant, Loveland Ready -Mix Concrete, Inc. (print applicant/company name), by Brad Fancher (print representative's name), as President (print representative's title), does hereby certify that Paul Wagner Residence (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Dunn P i t File Number M-2021- 059. (operation name), This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT ACKNOWLEGED BY: Loveland Ready -Mix Applicant Concrete, Inc. Date STATE OF eOVC(ID ) ) ss. COUNTY OF Lc, A }(VlcJf ) The foregoing was acknowledged before me thi [ Cr day ofV'1DY akbymo. VOW\C r as `V'0 ��1 � of 14? un er•Y\./ My Commission Expires: .1J, , 12/2-J Nota Public Representative Name Title President ACKNOWLEGED BY: Structure Owner Date NOTARY FOR STRUCTURE OWNER STATE Of COUNTY OF ) ss. Name Title JOAN E HORSY Notary Pub#ic State o€ Colorado Notary ID # i 994401 8967 L My Commission Expires 11-21-2022 The foregoing was acknowledged before me this day of _ as of Notary Public 20, by My Commission Expires: CERTIFICATION The Applicant. Loveland Ready -Mix. Concrete, Inc. (print applicant/company name), by Brad Fancher (print representative's name), as President (print representative's title), does hereby certify that Nelson Fa rn i l y Residence (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Dunn P i t File Number M-2021- 059. (operation name), This. form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT ACKNOWLEGED BY: Loveland Ready --Mix. Applicant Concrete, Inc. Representative Name Date STATE OF CL) to rod ) ) ss. COUNTY OFD t ri ) Title President The foregoin was acknowledged before me this l tday of tom'`' , 2021, by 0 12 - as (ZQS tCi..E-y of L Q at Vliki, UN fAi My Commission Expires: � IN • ZAP 1'12— D' No Public ACKNOWLEGED BY: Structure Owner Date JOAN E HORST Notary Public State of Colorado Notary ICI # 19944018967 My Commission Expires 11-21-2022 NOTARY FOR STRUCTURE OWNER STATE OF COUNTY OF ) ss. Name Title The foregoing was acknowledged before me this day of , 20 , by as of Notary Public My Commission Expires: CERTIFICATION The Applicant, Loveland Ready -Mix Concrete, inc. (print applicant/company name), byBrad Fancher (print representative's name), as president (print representative's title), does hereby certify that Ma rti n De( Campo (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Dunn P i t File Number M-2021- 059. (operation name), This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT ACKNOWLEGED BY: Loveland Ready -Mix —/•\ Applicant Concrete, Inc. Representative Name Date STATE OF 1Dlbrafi) ) ) ss. COUNTY OF L0AIMSt.A ) Title President The foregoing was acknowledged before me this ru day of kDY , 2022-, by f) IMJA FaXIGrLQI\ as rPrelSICk - of Loco Roam 1}°l 0 q-1 / DY My Commission Expires: ON • Z` cZDZ:Z., Notary 'Public ACKNOWLEGED BY: Structure Owner Date JOAN E HORST Notary Public State of Colorado Notary ID # 19944018967 My Commission Expires 11-21.2022 NOTARY FOR STRUCTURE OWNER STATE OF COUNTY OF Name Title The foregoing was acknowledged before me this day of _ as of Notary Public ,20 ,by My Commission Expires: CERTIFICATION The Applicant, Loveland Reacly-Mix. Concrete, Inc. (print applicant/company name), byBraci Faucher (print representative's name), as president (print representative's title), does hereby certify that Cou?son EXcavozino (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Dunn Pit (operation name), File Number M-2021- 059. This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this fornz NOTARY FOR PERMIT APPLICANT ACKNOWLEGED BY: L ove[and Ready--MixApplicant Concrete, Concrete, Inc. Representative Name.?•�— Date -1 ;• r7 ( . STATE OF 0_,D\Dd ) ) ss. COUNTY OF Lo rvu ) njlh The foregoing was acknowledged before me this I 0 day ofn47 by b r-aA Vu-nCkt 4 \ as V 4 ILS ( of i.-o 1 l(R . Title President OU\My Commission Expires: YCA) 2lV3 Notary Public ACKNOWLEGED BY: Structure Owner Date JOAN E HORST Notary Public State of Colorado Notary ID # 19944018967 My Commission Expires 11-21-2022 NOTARY FOR STRUCTURE OWNER STATE OF COUNTY OF ) ss. Name Title The foregoing was acknowledged before me this day of , 20 , by as of Notary Public My Commission Expires: CERTIFICATION The Applicant, Loveland Ready -Mix Concrete, Inc. (print applicant/company name), by -Brad rancher (print representative's name), as President (print representative's title), does hereby certify that Little Thompson Water (structure owner) shall District be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Dunn Pit (operation name), File Number M-2021-059. This. form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT ACKNOWLEGED BY: Loveland Ready -Mix. Applicant Concrete, Inc. Representative Name Date --Z 2_ STATE OF � \,0 (tkt ) ) ss, COUNTY OF I,-JAIO) Title President The oregoi__{{�� was acknowledged before e thi , r, day of r 20?,Z by CX1r1,C,�A&A as `•P V -C l� of l.,gNsit t4‘rCAMy Commission Expires: 1-1— Notar Public ACKNOWLEGED BY: Structure Owner Date JOAN E HORST Notary Public State of Colorado Notary ID AI 19944018967 My Commission Expires 11-21-2022 NOTARY FOR STRUCTURE OWNER STATE OF ) ) ss, COUNTY OF ) Name Title The foregoing was acknowledged before me this day of , 20 , by as of Notary Public My Commission Expires: CERTIFICATION The Applicant, Loveland Ready -Mix Concrete, Inc. (print applicant/company name), by Brad Fancher (print representative's name), as President representative's title), does hereby certify that DCP Midstream (print (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Dunn Pit (operation name), File Number M-2021-059. This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Actfor the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT ACKNOWLEGED BY: Loveland Ready -Mix Applicant Concrete, Inc. Representative Name Date /(-2 • / Title President STATE OF GotCYO4O ) ) ss COUNTY OF Lau ) The fore oing was acknowledged before e th"s L day of Vi UAW rara F ra\ as v l of Not cxx\--ckn\o Public ACKNOWLEGED BY: Structure Owner Date , 20 7 -2 -,-by My Commission Expires: \(:)v r JOAN E HORSY Notary Public State of Colorado V Notary ID # 19944018967 i�v Notary Expires 11-21-2❑ 22 NOTARY FOR STRUCTURE OWNER STATE OF COUNTY OF ) ss. Name Title The foregoing was acknowledged before me this day of , 20 , by as of Notary Public My Commission Expires: CERTIFICATION The Applicant, Loveland Ready -Mix Concrete, Inc. (print applicant/company name), by Brad Fancier (print representative's name), as President (print representative's title), does hereby certify that TDS Telecom (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Dunn Pit (operation name), File Number M-2021-059 This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT ACKNOWLEGED BY: Loveland Ready --Mix Applicant Concrete, Inc. Date STATE OF ,p `C) rp,cp ) ) ss. COUNTY OF LO,J\,lrc' Jl ) f Representative Name .,.7 Title President The foregoing was acknowledged before me this, ju aay of f 6v--04 voundluAas `?e_,,k c)ij d of Notary Pu lac ACKNOWLEGED BY: Structure Owner Date \74 -- 202 -by My Commission Expires: \\0\1 • 1 WIZ. JOAN E HORST Notary Public State of CoUorado Notary }D # 19944018967 My Ooromission Expires 11.21-2922 NOTARY FOR STRUCTURE OWNER STATE OF COUNTY OF ) ss. Name Title The foregoing was acknowledged before me this day of _ as of ,20 ,by My Commission Expires: Notary Public CERTIFICATION The Applicant, Loveland Ready -Mix Concrete, inc_ (print applicant/company name), byBrad Faucher (print representative's name), as President (print representative's title), does hereby certify that David Dunn (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Dunn Pit (operation name), File Number M-2021-059, This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT ACKNOWLEGED BY: Loveland Ready-M(x Applicant Concrete, Inc_ Date -rIC STATE OF ..54Elp» Ccip ) ss. COUNTY OF •,_.l \'t-(' Representative Name . Title President The foregoing was acknowledged before me this j[ day of 6O �7 rf 00 do as Vie5cA.C of Notar Public ACKNOWLEGED BY: Structure Owner Date My Commission Expires: K1 •` 1 `D JOAN E HORST Notary Public State of Colorado Notary ID # 19944018967 ray crymmi5sic?n expires 11-2.1.202.2 1 NOTARY FOR STRUCTURE OWNER STATE OF COUNTY OF ) ss. Name Title The foregoing was acknowledged before me this day of , 20 , by as of Notary Public My Commission Expires: CERTIFICATION The Applicant, Loveland Ready --Mix. Concrete, Inc. (print applicant/company name), by Bred Fancher (print representative's name), as President (print representative's title), does hereby certify tha'Fxcel Energy Overhead Power(structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Dunn P i t File Number M-2021- 059. (operation name), This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT ACKNOWLEGED BY: Loveland Ready -Mix. Applicant Concrete, Inc. -7 Date --("U STATE OF Ciolo D ) ) ss. COUNTY OF L1if\-QA ) Representative Name /sj'� Title President The foregoing was acknowledged before me this I U� day of J\ ?DMA vl(\ as 7 ) tc of Notai ' Public ACKNOWLEGED BY: Structure Owner Date My Commission Expires: 20 by ni\NI-CcRGail JOAN E HORST a Notary Public l State of Colorado Notary ID # 19944018967 My Commission expires 11-21-.2022 NOTARY FOR STRUCTURE OWNER STATE OF COUNTY OF ) ss. Name Title The foregoing was acknowledged before me this day of , 20 , by as of My Commission Expires: Notary Public CERTIFICATION The Applicant, Loveland Ready -Mix Concrete, Inc. (print applicant/company name), byBrad rancher (print representative's name), as President (print representative's title), does hereby certify thaf xc e l Energy, Natural gas (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Dunn Pit (operation name), File Number M-2021-059. This. form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this. form. NOTARY FOR PERMIT APPLICANT ACKNOWLEGED BY: Loveland Ready -Mix Applicant Concrete, Inc. Representative Name Date 2 /G' -7-x STATE OF CD1OY.O ) 1 h )ss. COUNTY OF l 'vtrn.i\ ) Title President k The foregoi g was acknowledged before me this day of b (Ny1C\rt V as �(�QY } of Th • Notary Public ACKNOWLEGED BY: Structure Owner Date My Commission Expires: t' b .r2k JOAN E HORST Notary Public State of Colorado Notary ID #19944018967 My Comrnlssion Ex sres 11-21-2022 NOTARY FOR STRUCTURE OWNER STATE OF COUNTY OF ) ss. Name Title The foregoing was acknowledged before me this day of , 20 , by as of Notary Public My Commission Expires: CERTIFICATION The Applicant, Loveland Ready -Mix. Concrete, Inc- (print applicant/company name), byBrad ra d Fe n c h e r (print representative's name), as President (print representative's title), does hereby certify that C o i.i l s o n Excavating. (structure owner) shall be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Dunn Pit (operation name), File Number M-2021- 059. This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the Extraction qf Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT ACKNOWLEGED BY: Loveland Ready -Mix Applicant Concrete, Inc. Date ;7 STATE OF E-D1DTMU ) ) Ss. COUNTY OF LOA 1,YY(zJ1 ) Representative Title President The foregoing was acknowledged before me this 0 day of or 20 2 by r VCY\&VW\ as mst * ofi gaCaca, C U�j ��Ril�� pox\ `G 1( My Commission Expires: 11Uu • )/1)3 Notary Public JOAN E HORST Notary Public State of Colorado Notary lD # 19944018967 My Cornin tan e lies 1 1-21-2022 NOTARY FOR STRUCTURE OWNER ACKNOWLEGED BY: Structure OwnerC'eitL-30,-) 7C4,4tf't4rT}ti' �� Date ,") - /5--- ,2 Name Title STATE OF ( .o�() ) ss. COUNTY OF f oL.. m i) Th foregoing was acknowledged before me this r) day of `e h,-, , a , 20Z2, by C o LAM as rr\ L of C; 1:f`�c�s uct;..J-d.y Commission Expires: ti/z_ozz _ CAITLYN KAUFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20184035097 MY COMMISSION EXPIRES SEPTEMBER 4.2022 CS\ t741(CA Nota Public ACKNOWLEGED BY: N. Structure Owner CERTIFICATION The Applicant, Loveland Ready -Mix Concrete, Inc. (print applicant/company name), by Brad Enricher (print representative's name), as President (print representative's title), does hereby certify that Litt_i.-horrlpson Water (structure owner) shall District be compensated for any damage from the proposed mining operation to the above listed structure(s) located on or within 200 feet of the proposed affected area described within Exhibit A, of the Reclamation Permit Application for Dunn Pit (operation name), File Number M-2021-059. This form has been approved by the Colorado Mined Land Reclamation Board pursuant to its authority under the Colorado Land Reclamation Act for the Extraction of Construction Materials and the Colorado Mined Land Reclamation Act for Hard Rock, Metal, and Designated Mining Operations. Any alteration or modification to this form shall result in voiding this form. NOTARY FOR PERMIT APPLICANT ACKNOWLEGED BY: Loveland Ready -Mix Applicant Concrete, Inc. Date STATE OF MO ) ) ) ss COUNTY OF --M. clI ) Representative Name ,-,<‘e-.;7;_, Title President V\ The oregoi was acknowledged beforev4, U day of I 202,2, by '� C�vV1S.�lAI\ as � 2Rblof tov�Q� ��YlUl9 My Commission Expires: j� �l �� JOAN E HORST Notary Public State of Colorado Notary ID # 19944013967 My Commission Expires 11-21-2022 NOTARY FOR STRUCTURE OWNER Date ; 7 STATE OFCC) ) ss. COUNTY OFLe„c - C Name- /-77-7-2 Title The foregoing was acknowledged before me this I LI day of cejocua,N , 2024-, by Ombec- Ka.wccntc_,a-, as 1.D�•5'it'�rl,k rampAcaeC of - 'L1noorNeScxn c O,N5 c;cA My Commission Expires: Public � - ��•�-off ANGELA D DIEKHOFF NOTARY PUBLIC State of Colorado Notary ID # 20104007839 M Commission Ex F res 03-16.2026 t Ci MD •0 'O CO CT UN -1 01 Ins CPI U' 0 0 4-3 ROOK 669 R.cori.4 of 524-94ect. m. JUN —1 1972 159066.6 Ann Soars, ItwordA RIGHT•OF•WAY EASEMENT 34512. The Undersigned Grantor (and each and all of them if more than one) for and in consideration of Five_hundred b No/1OU --- dollars (S_500.00 ) in hand paid by the Grantee, the receipt whereof is hereby acknowledged, hereby grants, bargains and conveys unto The Mountain States Telephone and Telegraph Company, a Colorado corporation, 931 14th Street, Denver, Colorado, 80202, Grantee, its successors, assigns, lessees, licensees and agents a Right•of•Way Easement and the right to construct, operate, mcintoin on3 ::.-ov: such communication and other facilities, from time to time, as said Grantee :.•cy require upon, over, under and across the following described land which the Grantor owns or in which the Grantor has any interest, to wit: A strip of land Sixteen and One half (161') feet in width described as follows: The East Sixteen and One half (161') feet and the South Sixteen and One half (161') feet of the Northeast Quarter (NEIL) of Section Three (3), Township Four (4) North, Range Sixty-seven (67) West of the Sixth (6th) Principal Meridian. Said strip of land, lying West of and adjacent to the West Right of Way line of Colorado Highway No. 257, and lying North of and adjacent to the North Right of Way line of County Road. In case of such removal grantee shall pay all damages and shall regrade pasture and pack the cut to avoid settling. situate in County of Weld , State of Colorado TOGETHER with the right of ingress and egress over and across the lands of the Grantor to and from the above.described property. The Grantor reserves the right to occupy, use, and cultivate said property for all purposes not inconsistent with the rights herein granted. Signed and delivered this day of , A.Q., 19__. At a ^' 1!�s� 61 % .' ,.././.://_L:1:47.2_4.44:L_11/:: STATE OF COLORADO County of ss. (—day The foreg 'ng instrument was ackno edged before me this of WITNESS my hand and official seal. My commission expires M.KLcaaz:ss:c.n +7.t --}{-}9y,3 Notary Public 41/ M.S.T. & T. CO. R/W NUMBER QUARTER SECTION t�E REMARKS: fl nnier Minn SECTION TOWNSHIP JOB NUMBER C-1-0708 RANGE 67 W MAIL TO: MOUNTAIN STATES TELEPHONE AND TELEGRAPH CO. PRINCIPAL MERIDIAN EXCHANGE 9R TOLL LINE LEAD COOF. BURIED CABLE OR CONDUIT SIJL►N ..u;ley.►: • 1ti•LICISel �.v. ';Ttu.a{ CA.. f3Uk t E0 r. "• .T.''4 r;;.Trs Tt.L.1.TEL. CO. •:.;-.► f' ., v:.i..irG LLrt. r ; r `,.:J'•.NoCM.75 ::';R ({ . SPACE RESERVED FOR RECORDER'S CERTIFICATE AR2028528 S 1888 REC 02028528 10/15/8!:1 12:09 $9.00 1/003 F 0100 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO RIGHT-OF-WAY GRANT KNOW ALL MEN BY THESE PRESENTS, that Dennis G. Dunn of the Pest Office of Cortez in the State of Colorado hereinafter referred .o as "Grantor" (whe€er one or more), in consider- ation of Ten Dollars ($10.00) and other good and valuable consideration, to Grantor in hand paid, receipt of which is hereby acknowledged, hereby grant and convey unto PANHANDLE EASTERN PIPE LINE COMPANY, a Delaware Corporation, having an office at 635 Nort"n 7th Ave., Brighton, Colorado 80601 its successors and assigns, hereafter referred to as "Grantee," a Right -of -Way to lay, construct, maintain, lower, repair, replace, re- locate, change the size of, operate, and remove a pipe line together with the rights for drips, pipe line markers, valves, launchers, receivers, cathodic equipment, test leads, and all aopurtenances convenient for the maintenance and operation of said line and for the transportation of oil, gas or other substances therein, under, on, over and through the premises hereinafter described, and the Grantee is granted the right of ingress and egress, to, on, from and over the following described premises for the purposes aforementioned in the County of Weld in the State of Colorado, to wit: The Northeast Quarter of Section 3, Township 4 North, Range 67 West of the 6th P.M., except deed recorded September 13, 1971 in BOOK 653, Record 1575048, and excepting rights of way conveyed by deeds recorded in Pook 130, page 298, in Book 287, page 74, in Book 292, page 165, Weld County Records, and parcel of land conveyed by deed recorded in Book 76, page 292, Weld County Records. TO HAVE AND TO HOLD said easements, rights, and Right -of -Way unto the said PANHANDLE EASTERN PIPE LINE COMPANY, its successors and assigns. All pipe installed hereunder shall be buried a minimum of forty-two (42") inches. Grantor shall not construct or place anything over or so close to any pipe line or other facility of Grantee as will be likely to inter- fere with Grantee's surveillance of or across theretc by use of equipment or means customarily employed in the surveillance of or maintenance of said pipe line nor intentionally cause the original cover over said pipe line to be reduced below whichever is the greater of a minimum cover of thirty (30") inches or below the minimum, cover required at any time by any applicable pipe line safety code. All damage to growing crops, drainage tile and fences of Grantor occasioned by the construction or repair of any of the facilities herein authorized to be maintained and operated by Grantee shall be paid by Grantee after he damage is done. The Right -of -Way granted herein shall be fifty (50') feet in width. This Grant shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto, and all rights herein granted, or any of them separately, may be released or assigned in whole or in part. It is understood that this Grant cannot be changed in any way except in writing, signed by the Grantor and duly authorized agent of the Grantee. ACKNOWLEDGEMENT B 1088 REC 02028528 10/15/85 12:09 $9.00 2/003 F 07.01 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO IN WITNESS WHEREOF, the Grantors have ereunto set their hands and seals this /e9 day of , A.D. .D. 985. tip+ STATE OF CO ORADO ) ) ss. COUNTY OF. . ... ) The foregoing instrument was acknowledged before me this / day of Sfeia1985, by t —47 ress My Commission Expires: 11 ~ ' 7 B 1088 REC 02028528 10/15/85 12:09 $9.00 3/003 F 0102 MARY ANN FEUERSTETN CLERK & RECORDER WELD CO, CO LINE # 16-10-075-596-4", Tract 4 From: Dennis 0. Dunn Return to: PANHANDLE EASTERN PIPE LINE COMPANY P. 0. Box 127 Brighton, Colorado 80601 STATE OF COLORADO } ) ss. COUNTY OF This instrument was filed for record on the day of 198+, at o'clock a.m., and duly recorded in Book Page of the records of this office. 0626R/gw 298 QUIT -CLAIM DEED. -JOHN MORRIS COMPANY. PR NTERS AND MANUF'O STATIONERS, CHICAGO. equity, to the only proper use, benefit and behoof of the_said part of the second part, IN WITNESS WHEREOF, The said part 7 of the first part ha ,/z• hereunto set above written. o Signed, Sealed and Delivered in Presence of / /Z - SEAL. SEAL.3,;„ AL • AL. 1 OZJIT= CLAIM DEED. FROM 474_4ivv,,ux, x'12 TO �n STRTE OF COLORRDO,) }ss. County of 'Feld, This Quit -Claim Deed was filed for record at o'clock.___hf ,. __.189J GL.1,yt. • Recorder. • cep �° y Deputy. WITNESSETH That the said part ghIS Peal, Made this r-/ i A day of in the year of. our Lord one thousand eight hundred and ninety_ r-' between of the County of_ and and State of Colorado, of the first part, of the County of___...... . of and State of Colorado, of the second part. of the first part, for and in consideration of the sum of P1iv-'16 61"'"" "6 cwr_O6 C-11.•(-))( DOLLARS, to the said party of the first part in hand paid by the said part' __of the second part, the receipt whereof is hereby confessed and acknow- ledged, ham remised, released, sold, conveyed and QUIT -CLAIMED, and by these presents do. -'--remise, release, sell, convey and QUIT -CLAIM unto the said part of the second part, heirs and assigns forever, all the right, title, interest, claim and demand which the said part of the first part ham, in and to the a following described. '-4cr-Z ' 't' County of Weld, and State of Colorado, to -wit: situate, lying and being ins the yy . ,54L- E' - `if/I/t o f 41'v-a�(� o c -t-4 J t-ii&L -g of . L�{j/�1/�LGt�. C/�W(Xi ,.iili� atb- �t/'C:/ -2-lli C2 c 0 (/ D`� c-L/t/Ll/ G -74 . /Y , /� fr-t.(ry ems. - () ,/ .. 4z. ie. 67 0-, e,�� aX Cac,yeid cilLt 1,2,14060Cee, �z . -ea.e/ (ft) c/ . l -z ct. tr (/�J • ve.e.c., . J/ ^ . �'t . . &7 /1,�/LeAX c t t c a az� a� iz ��. e.,1i q ,t,44 -LA, (A,) (%) ,z -61-c: . oe ,4-e- ✓ . of. 67 �mit/� ,czeci awe 2. , 11'n . - �eev�E2 e, -or ec6 ,ar , cam, emu. 7 c-ert,e/4-tc,6 G Lee,&, p -%s t. /a. '7 .�� , 9 - r . 5 2. g 2.3C . � ( J U Mc4:. ,t.r„,,,z „au, ce-c-&-at, fn. Pureux.4 ,A-746- 01 a./v+.el. 1- att.4,, wc.itL mc'vU- a-z,Ci' e.eoG z. , G L elt-CA-t, aptit. ,240-- 62.-Cr- cG ZA, `L, Z42 01/CZAA-Loyn,e atic.O. 4v- EA,c,r�iGrt f ova. .cvvr tcc bo �c �G ,tia�,izZ cC�u� � ?, P2 a�✓Lc. to -z- pure - , cucG Jcc.2oo o -v vicee6 city c 4.6 ,2.cr�x TO HAVE AND TO HOLD THE SAME, Together with all and singular the appurtenances and privileges thereunto belonging or in any- wise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of t e said part 7 of the firstpart, either in law or heirs and assigns forever. hand — and seal — the day and year first STATE OF COLORADO, ,/.& in the State aforesaid, do hereby certify that C&c�2 in and for said County, personally known to me "4`" ` the person whose name ` �'�' subscribed to the 2cG deed, appeared before me this day in person and acknorrggledged ih¢tsigned, sealed and delivered the said in trum nt of writing as. free and voluntary act, for the uses and purposes therein set forth. a Gee, A,� 7 I P ^ca-,.H-c,I,tect a�ji,a� cz�t et, ,.,,Z.cZ, w;,,. -, E� R1,4d—strid havin been by me examined s ara nd apart and out o ing of husband, and . le c fs and meaning of said c, ument of writing hating n by me made known an ly explained to her, sn cknowledged that she had r voluntarily executed , and• relinguishe dotter to the lands and e s therein mentioned, without compulsion 'of her husband, and that she does not wish to refract 'the same. Given under my hand and "v4 aiv.-2:6 seal, this. day of R D. 1896 /27 ,„. O.- / " / erfer 111111111111111111111 1HUII 1111 huh 11111111 IITI�1I I 2718243 09/02/1999 04:30P Weld County CO 1 of 4 R 20.00 D 0.00 JA Suki Tsukamoto GRANT OF EASEMENT 1. The undersigned, (Owners, whether one or more) for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby grant and convey to the Town of Milliken, a Colorado statutory municipal corporation, (Town), whose address is 1101 Broad Street, Milliken, Colorado 80543, and whose post office address is P.O. Box 290, Milliken, Colorado 80543, and to its successors and assigns, a perpetual easement as described herein, (Easement) upon the particularly described lands of the undersigned being located in the county of Weld, state of Colorado described as: See Exhibit "A" attached hereto and incorporated herein by reference 2. LOCATION AND USE OF EASEMENT. The Easement is hereby granted and conveyed to the Town with access necessary thereto for the purpose of constructing, reconstructing, inspecting, upgrading, operating, repairing, maintaining, and extending from time to time above ground and underground utilities. 3. OWNERS OBLIGATIONS. The Owners agree to maintain the Easement and keep it free of buildings, structures, fences, piles of earth, rubbish, debris or other improvements, substances or materials not specifically permitted in this Easement; a. Attendant to the Easement the Town is granted the right and authority for the purpose of removing encroachments upon the easement including cutting, mowing, trimming, or controlling by chemical means, as necessary trees, bushes and plants located within the Easement location and to cut down all encroaching or dangerous trees or vegetation in or adjacent to the Easement location which may, in the opinion of the Town, negatively impact the improvements, use of the Easement or other facilities of the Town. 4. GRANT OF INGRESS AND EGRESS. The Owners grant the Town the right of access for ingress and egress over the lands of the Owners and the right to use the roads or driveways, whether public, private or dedicated, to install and maintain the Easement. 5. REMOVAL OR MODIFICATION OF FACILITIES OR EASEMENT BY TOWN. The Owners further agree that all facilities installed by or for the Town shall remain the property of the Town, removable or expanded, at the option of the Town. 6. EXCLUSIVE GRANT. The Owners shall not grant any other easement, right-of- way, permit or license upon, under or over the Easement without the prior written consent of the Town. 7. ENFORCEMENT. The failure to enforce all or any portion of this Easement by the Town shall not be deemed acquiescence or waiver by the Town of any of the rights granted to it. A_ BINDING ON SUCCESSOR& All provisions of this instrument; including the benefits and burdens, run with the land and are binding upon and enure to the heirs, assigns, successors, tenants and personal representatives of the Owners and the Town. 9. OWNERS WARRANTY OF TITLE.. The Owners_ warrant that they are the Owners in fee of the above described lands and will defend the title thereto against all claims and liens. The Owners warrant that there are no liens on the Property except: 10. ATTORNEY'S FEES. Either party may enforce this instrument by appropriate action. The prevailing party shall recover as part of the costs the reasonable attorney's fees, filing fees, court costs, and related expenses incurred in enforcent of this Easement. 11. CONSTRUCTION. The rule of strict construction does not apply to this grant. This grant shall be given a reasonable construction so that the intention of the parties to confer a commercially useable right of enjoyment to the Town is carried out to the fullest extent of applicable Colorado law. 12. NOTICE. Owners' post office or mailing address is set forth below. The Town's mailing address is P.O. Box 290, Milliken, Colorado 80543. Either party may lodge written notice of change of address with the other. All notices shall be sent by U.S. Mail to the Addresses provided for in this document. Notice shall be deemed given when delivered. The affidavit of the person depositing the notice in the U.S. Post Office receptacle shall be evidence of such mailing. 13. RELEASE OF EASEMENT. The Town may terminate this instrument by recording a release in recordable form with directions for delivery of same to Owners at their last address whereupon all rights, duties, and liabilities created by this grant of Easement shall terminate. For convenience the release may run to "the Owner or Owners and parties interested" in the property described above. 14. ADDITIONAL PROVISIONS. 1111111 nisi iimi iii Iona im Mini iii nisi iiii iii 2718243 09/02/1999 04:30P Weld County CO 2 of 4 R 20.00 D 0.00 JA Sukl Tsukamoto ve /al 1 1 A4 -4/1A Pt, Owner / Date () f /Pfc. ( L alcar kS.JN.,..tl n -/l - qi Date )( /99 h're/,bljl Address Address STATE OF COLORADO ) sS COUNTIES OF LARIMER AND WELD ) The foregoing instrument ws acknowledged before me this %/ J day of � z/T , /2, , by�/G1f3 /1,Yl/ di✓�'/�'� 5 WITNESS my hand and official seal My Commission expires: 7-7'--77- TOWN OF .MILLIKEN � � t Town lerk STATE OF COLORADO ss COUNTY OF WELD Date • The foregoing- instrument was acknowledaed,before me this /6 day of - .J .9 ukY- , )9q9 , by ahet WITNESS my hand and official seal My Commission expires: 619- a Notary Public 1111111 nisi imii iii 1111111 liii IlliHi III nin iiii mi 2718243 09/02/1999 04:30P Weld County CO 3 of 4 R 20.00 D 0.00 JA Sukl Tsukamoto E - 3. 0 3 6.1 -- 3N G) ▪ a - ( MI=) ti m a MOM m6) CD Q . y =In m m� - a mim N sr or • � o r N ler N43°181 5"W 44.80' V2" IRON PIN WITH PLASTIC CAP "LS 16415" FOUND Area 17,619 SF 0.40 Ac. LOVELAND READY -MIX Area = _ 12,853 SF 0.30 Ac. 30' PERMANENT — EASEMENT 20' TEMPORARY-' EASEMENT T N89°00'19"W 2675.06' TO CTR. Va COR. SECT. 3 —WCR 4812 wF.. z .re 0I w of ;100'±; P.O.B. - y2" IRON PIN WITH PLASTIC CAP "LS 16415" FOUND P.O.C. -EAST Va CORNER SECTION 3 %" IRON PIN FOUND 100 DESCRIPTION: PROPOSED EASEMENT An easement thirty (30) feet in width, extend- ing over, under, and across a tract of land being a portion of the northeast quarter of Section 3, Township 4 north, Range 67 west of the 6th Principal Meridian, Weld County, Colorado. Said tract of land being described in the official records of Weld County, Colorado, at Reception Number 2554789. Said thirty foot easement is described as follows: COMMENCING at the east quarter corner of said Section 3, a five -eighths inch iron pin found in the pavement of State Highway 257 at its intersection with Weld County Road 48V2, a point lying South 01° 12' 15" East a distance of 2817.57 feet from the northeast corner of said Section 3; THENCE North 30° 58' 32" West, a distance of 95.65 feet, to a point on the westerly right-of- way line of State Highway 257 (a 100 foot right-of-way) and the easterly property line of said tract of land, as marked by a Y2" iron pin found with a plastic cap bearing the. inscrip- tion "LS 16415", the POINT OF BEGINNING; THENCE North 01° 15' 41" West, a distance of 552.74 feet, along and with said westerly right- of-way line of State Highway 257, to a point of intersection with the southwesterly right-of- way line of Union Pacific Railroad (a 200 foot right-of-way), as marked by a V2" iron pin found with a plastic cap bearing the inscription "LS 16415"; THENCE North 43° 18' 15" West, a distance of 44.80 feet, along and with said southwesterly right-of-way line of Union Pacific Railroad, to a point; THENCE South 01° 15' 41" East, a distance of 621.89 feet, to a point on the westerly right- of-way line of State Highway 257; THENCE North 38° 38' 36" East, a distance of 46.76 feet, along and with said westerly right- of-way line of State Highway 257, to the POINT OF BEGINNING. Said easement containing 17,619 square feet, or 0.40 acre, more or less. 50 0 100 NI .EMMEM SCALE: 1" = 100' P.O.C. P.O.B. LEGEND PUBLIC LAND SUBDIVISION LINE RIGHT-OF-WAY PROPERTY LINE CENTERLINE EDGE OF ASPHALT GRAVEL ROAD/DRIVE DIRT ROAD/DRIVE EXISTING EASEMENT PROPOSED EASEMENT CENTERLINE PROPOSED EASEMENT PROP. TEMPORARY CONSTR- EASE. CREEK/RIVER EDGE DITCH FENCE RAILROAD TRACKS GUY ANCHOR SIGN UTILITY POLE POINT OF COMMENCEMENT POINT OF BEGINNING TEMPORARY CONSTRUCTION EASEMENT An additional temporary construction easement, twenty (20) feet in width, is also described and required, which is described as follows: Being on the westerly side and running the entire length of the above described easement, being contiguous with, parallel to, and extending a distance of twenty feet perpendicularly from the westerly side line of said thirty foot ease- ment, and extending northerly to the northerly property line of said tract of land (the south- westerly right-of-way of said railroad), and extending southerly to the southerly property line of said tract of land (the westerly right- of-way line of State Highway 257, and the northerly right -of -Way line of Weld County Road 481/2). Said temporary construction easement contain- ing 12,853 square feet, or 0.30 acre, more or less. This temporary easement shall terminate and shall revert back to the Grantor upon comple- tion of construction. SKETCH -- NOT A SURVEY Topographic survey by GEOSURV, Lafayette, CO. KNOT',h\I!S 11.1. %II•.\ lit 1'ils.51: th.11 4 I '! T as • 7 'T' • cl 1i.xrdM pl :•2 d a rlpdi _.I.. rd . AtAY I i'174 p.c N. 1536523 S. L,e lheh,e• Jr., a�rerdr, Right -of -Way Grant 1'he E. P.H. Corp. :Ilk .[lli4IFO "F 11,,• P,•+t flffir,• ,rf _ Greeley - in ii:,- i-,.,1. „f COloradr. Lei, ,mlltrr rrla•rmd t„ „. -'f etas, .r'. [hlnah,•r ar Plan•I. in .ol rrar,nn ,d Fh,,• 1$1.17111I:.ll II••Ilnr" 1„ St r, Lend ,,.,,d.1 . h 11.1 .d „In.�. L, ,�-3,• .., 1,,,n, lid c, ,l"., 1„I il,• fu,1h,-r'nu „f 8.00. 1„•r lien.,„1. t„ hr paid haw,. 1I„• fir,t pip,. li.,,• I,.•r.•, 11"J 1.•r ,inn I..„! does lu-rnhy g,n.11 and ,,, „pit., 1'L\Il.l\il1.i•- 1:S( rh:P]\ E'11']: I.I\i: (.11111'.1\5..1 i5-i,l,.nr* Gnp••mn,.n. b,IrwH al, „Flirr in 12.Inw,, firs llin,,,nr,. Fin n,,,e..„rn nl„I ipr, „-r,•in.,hr•r r.•6•r•,I n, .,. '•f.r.wn•, ., EEi,;Ill.,.bu,. ,.,. LANE,- 11,.... ,•.. 1..,p.. r.,1..- .,e.E I,,.,,.,. , nL,n- lie, rdx�rlcE�9 xsrAlexa�r!>Ex�nl�hwx� afuxxr hr.x• arip.. I,,; ]iln-Iri,r. ,.,I.,,. 1.,,,r„h,, , r,.,,. . rinipmrnn. 14,irndn. an,1 „II ,,pi., i,nnn, .. r„.-rrni.M !„r Ihr n,.,ialrl,.,nrr :.nil ni. rnl inn „! -.lid 1i,,,' .uld f„r1[. nerd du, Inonlrr i• i .,ntrd 11,7. rl µht „I Illgr,.s and r,;n•,s. ,,,. „,,, {r..n, ,,,nl „I.•r 'I„• ,ir,nail„•d !•re•r„i„•s !„r • p.rfn,.,•s :, F.r,-,,•r,lt i,,.l c,3 in Ill, [:,n,nir „I "_Meld__-...-. -- .--- in IL- St.,,, ,•E [:,.1,.r,,,I,,. 1•.•,. il: The Southeast Quarter of the Northeast Quarter of Section 34, Township 5 North Range 67 West of the 6th P. I.1. Said pipeline shall be constructed between September 1, 1974 and April 1, 1975 'ill N,I1l•: ,1'111 IC1 Ilfll.11 .,,;d r,l.,•n,e•n1e. ngM.. nn,l npin •„!•w.n ,In1.. III,• ,ail I'3\II'LA Ill .1: E LSI'I_E\ 51h[ak6txddniemmrxxaxiv7rxx7raliver:rllcz[ezkxxxattzeaxz5rxzxxxx c=r===nr.iiuzarxccalxihald:d,eW.ria: r"ka ✓ udrmpLrirxa:udauix Gram, - in i,.,.a for right n, -.1rrr • •••'--i+.w,f • r .1,-F ,f l 1 •1.. Lll, y 1„ r,•in .md,,,rirrd I„ 6. laid drAqpio'n., 111 ,.ip. ,pstnlird h.mmulrr .La[I hr borird of 119t4k%!4 ina 6,•." hr.,ninr .6.,11 nn, II..,,• .rn,d,i11F ., „r .,. ri,- t„ n , pip. Iin,• ,n..t1..r ],,,11 , „f (i▪ r,nitn• „s .111 lir lilr•E, n inlyd,-r. „i 1h lirnnlrr'n ,,,,, .. r1,...t„ I.,r, ., •,f ,•q,ulm,. enrni, ,,,Ytnn,.,rih , n,pin!ed n Ihr n„ imrriari a of p,pr Fine, n,o inientinna111 nI nrr, 1'1,1 , • IF,,• ••r iyill•II ,,, ,r ,n, r Inn pip' kin. i' lc reamed 1111.grr.m•r n],l „f 1,•„ 1711L nr I,.•,,. IIliaIlian „ . , r r.q„i .d :n urn 1 ill,e by m np- I,IFdd.rpip,• himYnL•1 ,.d„111 a�,,,ng,• . gr„,.inµ , r„fl., dr., ,.,>;, lit, ml 1,, ,,...1 Gr,, .,r ,,,,., rd E„ Ihr vi,nslrin•Linn ,.r n„ Ironr„f 0.01:n „f 1h,• I!ili,-s Lire in „ulfn,rixrd t., In. rnninl,llnnd ..n,f n1,.•r,,,,•,I Iy t,.,,rl,•,• „.h,dl br I„ad by Gran), oh,, Ihr da,ntap,• in the, mnid ,inn"gr, if nnl ,pie uully „gr•.d e!r„,. a 6c ii0raliOi003 O Rd d, iernlinrd by ihrer dieiniercnied ,rpp„intrd by ILr Finn L.r. nee to hr apppimird by tlm Granter • and Lila 'hi rd in6c arises by the tw,I nn,Ippnintnlr. IThe written untied „f 'nub duce pernpne r.hn31 be fin„I un,k dm,rluaian. 5,0,'.. oq.... II, , .ho.ld • o ., d.11cl..., ..,,, o. h .el, .i ,. c. nc,t.n el .e.d pipelines b. iln r.. ,II per .oclr salmi.d..1[I.ncr wadi year it .a1.in, a pars, ..r to d 1,.. 31 ,.er. �. ,,in9,. nh .1,1 cr•. eF 19 , P,e.Id•d• he�.•.r, drenior. or Ih.v I.n.nr nellfl.. 6ron,•. ieeni i'..Id eflie•, e, t.e., fo,.n••n 1111 tor1 p"e. in. her. •.atlas. raid crop in end.. ,h.. C,.n..r'..p.n, ,nay r,.w ..ied ewp 4.1.el...r. Plrc,l,rnl nr,lu ,nn,,. I,rre,,.ing tae Lrrrn„der ea! be paid in Erti CDRPORATION "Ilk [Irani sbuil hr binding upon IF,. I.,irn, a em,n,r., :,dmini.,v.,1,lr sys ri :-, .In,! ,,.nips.. „! ,k„• pigmies Lrrrh,, vend i, i. nnd.r.t„„d tint tF i. fr:,m a,.,, n.,1 Lr ,1„irl prd in nn, .r, [d in „rata, p, oignrd E,u the [.rnnrnr" pima „ did, .,wl,„ri.ed .'pee' „f the F;,,,,' 'Ilia i.,str,.me„t 1,rrpn«-d by .._. C—A—Gon.,l w-_.--__--__-_-. P. D. Ian. [31H. Kansan, I: in - 51i,,nari Er FEEL er IS !LITSfiti ISI1k(IEEoF, 1111• i:ranl„r. have ilrrr,lnte r,., IL,•ir L,Ind, .In,l s,nh w, 1b„ .5 L] ,lay ni __L2-W..v.ar—___.—__-..-_ /I 7/ Joseph L. 3{a 11 1 ecretary L President : Ed in P. EtaeEcii pit 1O2O 9th Street, Greeley, Co 80631. SKLD, Inc. HT SKL18541 WE 1636529-1974.001 SIy c.rIMi.sifln nxpirrC IJii moss ry 1,3 .131.1 r,EEici .ri su.a1. SKLD, Inc. HT SKL18541 WE 1636529-1974.002 AR2028529 B 1088 REC 02028529 10/15/85 12:09 $9.00 1/003 F 0103 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO RIGHT-OF-WAY GRANT KNOW ALL MEN BY THESE PRESENTS, that Delores J. Dunn of the Post Office of Arvada in the State of Colorado hereinafter referred to as "Grantor" (whether one or more), in consider- ation of Ten Dollars ($10.00) and other good and valuable consideration, to Grantor in hand paid, receipt of which is hereby acknowledged, hereby grant and convey unto PANHANDLE EASTERN PIPE LINE COMPANY, a Delaware Corporation, having an office at 635 North 7th Ave., Brighton, Colorado 80601 its successors and assigns, hereafter referred to as "Grantee," a Right -of -Way to lay, construct, maintain, lower, repair, replace, re- locate, change the size of, operate, and remove a pipe line together with the rights for drips, pipe line markers, valves, launchers, receivers, cathodic equipment, test leads, and all appurtenances convenient for the maintenance and operation of said line and for the transportation of oil, gas or other substances therein, under, on, over and through the premises hereinafter described, and the Grantee is granted the right of ingress and egress, to, on, from and over the following described premises for the purposes aforementioned in the County of Weld in the State of Colorado, to wit: The Northeast Quarter of Section 3, Township 4 North, Range 67 West of the 6th P.M., except deed recorded September 13, 1971 in Book 653, Record 1575048, and excepting rights of way conveyed by deeds recorded in Book 130, page 298, in Book 287, page 74, in Book 292, page 165, Weld County Records, and parcel of land conveyed by deed recorded in Book 76, page 292, Weld County Records. TO HAVE AND TO HOLD said easements, rights, and Right -of -Way unto the said PANHANDLE EASTERN PIPE LINE COMPANY, its successors and assigns. All pipe installed hereunder shall be buried a minimum of forty-two (42") inches. Grantor shall not construct or place anything over or so close to any pipe line or other facility of Grantee as will be likely to inter- fere with Grantee's surveillance of or across thereto by use of equipment or means customarily employed in the surveillance of or maintenance of said pipe line nor intentionally cause the original cover over said pipe line to be reduced below whichever is the greater of a minimum cover of thirty (30") inches or below the minimum cover required at any time by any applicable pipe line safety code. All damage to growing crops, drainage tile and fences of Grantor occasioned by the construction or repair of any of the facilities herein authorized to be maintained and operated by Grantee shall be paid by Grantee after the damage is done. The Right -of -Way granted herein shall be fifty (50') feet in width. This Grant shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto, and all rights herein granted, or any of them separately, may be released or assigned in whole or in part. It is understood that this Grant cannot be changed in any way except in writing, signed by the Grantor and duly authorized agent of the Grantee. p�/fB�cp X y2 G% za-bsv lo'u`t' Ze-uart Cf a) eerks.a4e....- SKLD, Inc. HT SKL18541 WE 2028529-1985.001 B 1088 REC 02028529 10/15/85 12:09 $9.00 2/003 F 0104 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO SKLD, Inc. HT SKL18541 WE 2028529-1985.002 B 1088 REC 02028529 10/15/85 12:09 $9.00 3/003 F 0105 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO SKLD, Inc. HT SKL18541 WE 2028529-1985.003 BOOK 868MAY ? 19i9 Recorded m . ».».,l i�.......»... o'clock »6r,..M„• 1789635 `1)4 ,..-.1i �.c :A0 ie0 u State of Colorado, Weld Counlyr Clerk G Recorder Faraa SO . !hod. Poeeee) (1140 _ le) (Reoled 1e.1) Too SD (Revised 1976160) OIL AND GAS LEASE AGREEfttRR•Made and enkindle thio 4th day of May a lad betea.n Dennis G. Dunn and Delores J. Dunn, Joint Tennants Route 1, Milliken, Colorado hrtyofthe first pat, hereinefkrcelled lore lwhelherone ormon) r Trace Energy, a partnership, 8000 E. Girard #609. penY _or thecond put. hemluaflercabedkeats. Dtr.I r o or do 802 1 DOLLARS. wnHrssETH,Thnthe.idk.at.rnrandmrdl.l�rel�anaf 3 Ten (10) or more In olio in heed topldy, reoe,r of etch ke tea remarked and of the cnrennn end apeemenla hereof at eon al ed an the pad of bier to be pod, kept and pMomrnd. ri has pried. nee, hard and leo and by them preenn dare pant, death. lease and let unto the laid letre, fat the see end only pipes of explmind by geophysical and 4 ogee method. eons and operate for ml lorclif era bon not limited to diOne nod tondenurl, pt Irncl,dom meted rye and atom and all other connlnenen, nd for DyMy pipe taro, ad Aridity tanks. power, Oman, and tkuclurto thereon. to produce. one and takeCalf of aid product, all that rennin tract of lend. together wlth CO raved Co y' Weeny ley rend MemoMravedm Mr Cone of __ ire I d _. Stele of Colorado derrlbed a follows, leek I.1 Township 4 North, Range 67 West iv 78 • Section 3: Lots 1, 2, S/2NE/4 less and except certain small tracts N M Q of Mellon LeunMsp _ __ .. . Rang .._.�� , and rontaminp_1.39_._5.1.___ acres, mere or less II oar ed that this kan +hill remora m fare for a 'armor ten yeari mom date theate c'lied ',notary Iern. .rod e. Ione theatre, as oil 0, pat, or either of them n pioiard from tland by the kw.. In consideration of the prcmlrt the nand hire co,enan ti and apeet. lot. To dekee to the coedit of knot her of .1,1. in the pipe hoc to anon II may connect It well,. the melee Oral port of all nil (including but tat !inbred to 1 : condemnor and denial con lucid ad lard (rani the leased nano,. •`y lad, To Pi lent I. no tit whinerer nalurrnr Viol tw rlh.11.'tn.,,mit,.nil. pfaluccd ord old .,t Iliad Ill the bawd premnes, or u+rd in the manufacture of 2 godvets Ihrterne. ne.yhlh I I!nl of the Poo, poo,eeto to, erred no the b+.,H 'roll of Ihn 1i'i ., or or the mamilker un of products IN:mtriam. but in no rem more than or<yhlh I tilt of the artrut amount received by Inc te,wr, .lid par,uen:, r.• hr made month', Purina env peeled !whet het hefore or atter eepiralmn of the prinary term hereof) when ps n not being m ,1111 oe coed and ,hr well or well. ore Mot in and there r. n,.:urren! production of odor oneran,.noon.aid hosed promtr, sufdctent in beforeetitle raw In In ttd el of dutlpay ye r +m., 111x111 of fine lit filar Ill toll to per scot Per reel .11.111 ...re retained hereunder. ws h payment or tender ill he made, on or onion. abet ibe cspaa h , or rem: l tr.r 1.a). iron. the dole w,h tell ...hub in and thereoltrr on the anniversary dale of Illb kdae during the prod ouch well n .hut tn. to the rnyato roper.. I. �ihe .'I altar IlVl".. NAM In r a rental dep.., bank heremattrl d,tnnated When ten payment or leaden to made It will be mn.debd that a. n hems pe.du.cd wlihm the memn,np or Ow entire how i e.uu chill haw the prtdeer at h.,11.1 and etperw of none pr from any well, gndureng pt only. on the leased pteml tt ho .Intel arod triode befit. in the prat bpd dwctlite thereon our 111 any .urplm got not needed for npeumms hereunder. led. Ta pas bow fw p. IWurrd ham any all wall and used..0 ahe premlw..lit fin Ihn mono.'fine :Id u+Ina•hrW yatthn or dry tommetcul pr. one -eighth of the par poceeds, al the mold al t he well, rl'rnrd h, loose tar II,•aa.durina 1110 lImo.11•11 ta.•hall la' u. taut pa)me It In ht' made m•.nnh'. H toiling operations or minlng operation, are nut commenced on the eaed brenrs nn or More one teat Dun Ibis date. don lease (hall then eoninate a to both pen. wake Lae on a before the..pkation of tad peed ohall pay or lender to 1.4.01. of to the outdo of leertr In Johnstown Bank 1.511 ar Johnstown, Colorado arany succmormnk the wmof One Hundred Thirty Nine d 51/100 Dollars. II 139. 51 ). hemtrt.lkr called 'rental' %hwb Mall extend fir Iwelre month, the time wine Ouch drilling °peratkm or mining operations may be mmne.red. Thereafto, mealy. in like manner and upon Ilk' paynwnit nt under* the commencement of drilling opeatlons or mining fontanel may be further deferred for . ppteetelods f tee month+ each donne the pnmary ann. hynenl ter tender of rental may he made Iv shock or draft of Lessee delivered or malted to the authored delkend a bah or a and timed a. snorer tknownbto Lepel tok lot any coot ben +ueh date Int payment, and the payment ate tender will be deemed made when the check ne draft la m y ether funk which may. at horctnafter provided bare been deaenated at depouloerl should fall or IgeWate or far my to llater ma elon oNefal to recordable in000mentanam tee sneert be bankbeet iveault ouch r adurc to r make tender. payment malmn named a or wl'ormna bank otlyother ank whKAm�M proper l operator. or any dergeoled as on Ow depository sod be Lessor's . spent unwind operation.the miningIn ant thv. Mall h deemed act rah opeeJ when the hot malnkt to placed on the hard pfeeiea p eon Ill' MI wok, other Wm W.neykte p waking the location, h Pmt ihtRnn whkn It en YfYry for Mick pirnllm4 Should the lint well dolled on the above derenhed land. nr on name pouted threads, he adry hole, then, and in thel oral. if a wecnnd well h not commented on eld land, neonpooled therewith, main twelve none. from the expiate or the lab renal period for each anal has been paid. 'hake Ma e all terminate both peaks widentie lean the oan o emotion the pnalion of aid we month. than tea the payments of rentals, in the same amount and in the same :limner Ienhlbefeee plaided. And It ill greed that upon the temmplion al the payment of renal, at above plaided, lhel the prorlelona. hereol women IM payment of tenWt and Ire effect thntof, shall contimr m (ou pin as though there had Iron no mlenuphnn in the renal payments If the lessee Mall commence In drill a well or comma, n'aa.hlfk wenrkaa on an abed aea tabor the term of the haw or any e+tenwon Ihrren/. or on Aesop pooled therewith. the knee shall hare the rept men era well. to completion artier ad be al complete like effeceel�f wch well had peen completed wthindiheafen and yeatc flat eat. er of lam. h round an paying quenklks, Ikk kaw Mall Lame Is booby panted the right at any lime and from tome in lone to umule the bawd ppremise+ ate any pinion of ration, thereof• as to all pray of Cl woes to Vet, alb any adze lands Amman strata or any stratum or ante. (no the production pananl of oil or primarily of p+ wish or without datdlae. Hower, n o colt for the eduction pretetly of oil shall emhece more than 160 • .n for the pewuction primaedy of ea with or without Mobile more then be acres; palled Mal if any premed. regulation did prer.lhe a qurina pattern tilt the development at the field or all. ale a produces allowable bard n age acrepet well, thew any ouch snit may embrace so much additional acreage at may he or poorer,' or he urich maytoed a ch daoallon of allowable. Lessee Mall Ale written unit �deas��I tetra a the county In whkh the hard remote are locoed Operanon. upon and production (ran the unit shall be !'Bated as if such openlionl were upon a such praduetim wen fear the hard peeves whether or not the well on well+ are nomad thereon. The entire echo alhln a unit sheltie treated for all purpoes as if it write tootled by end included is this ken 'step! that the royalty on ploduclum from the unit shall heat below provided. and cotept that in calcuklloy the amount of enn rentals on shut in pa royalties, only that pert of the *creme tensity bawd and then axially embraced 111 'hit kr < Mall he counted. In 'evert topreduneon from the uni. Levee re pay leer. mheu of other myelrkr theree only such propuatnn col the enyall er sap dated heron at the amount of ho acreage plied to the unit, in his royalty teteml Mere rem seeege beef Immolate Total wept lo the unit. If said kanr owl a lets Interest in the above der rind IsnJ than the emin and undivided fee .impale «tele Illercm. then the royaiheoand rentals herein p,alded Md be paid to the knot only in Uk propouot which fin role.' hfvri in the oink and undntded ice. honorer, such rental Mall be increased at the neat weeding rental nnnetae after any meson 1.001010.0,01 the 'nicer., Om atqulw,e. Leona Mail have the sent Ipur, free of slnl. py oil and vans peoduccd on laid land for tot operations thereon, estept water Irons wells of retell. hewn requested by the kswn. tee .hall boo hit pipe line, 1,104 plow depth No eV sod be drilled acre, than 100 feel to the hoar or henna on ad prrmlw,, oilhoat the but ten corm! of the kro. Lame Mal pay for all dames mooed to no opearin. to imolni stories* told land. Lane dull loan the right at any tae to remove all machinery and Iluurn piawialn and pre. including the rohl to draw and amave cang. II Ihe estate or usher path hereto l• aos,end, and the pradep o, atwmna in whole on In pre to raprcsdy allowed. the covenna honor obeli extend to the kin. eaecalm, administrator. Pere or amens. h'oo't, no cluntc m di,l.mn m owneuthpr of the landr, rental, or rnyellies shall enlarge the obligation. or dimthsh the tights d Lae". No clangs m the nwnetdflp of the land of anoa,nent of 11010. ,r n.1 aloe, Moll he therm, on the lessee until aflet the knee has been honiMed with a wnikn teen Of eadgeont or a rue ropy thereof, and if to herb, neared in Or event !hit leak stall be awned alto. pool or puts of the dram rkweed lands and the aslprr m asides of ouch pail re parts shall fad nl make default in the pas men, 1.1 the prnpmlmnale pall of the ante due (fpm him or Them, eh dekult shall not notate to Mao ae affect ibis tree no so tat as it toes a pet or pun at the Laob on oh.h the rod lea. of any magnet iherot shall make due payment of said rentals. In cue knee ens Mr base, in writ Of in pal. lessee mall IV ahead of all oagarim+ with respect to the atoned pone or amltone utlwng wblaquent to the dale of aiggeon-1. All capes. or implyd novena of all leak .hall he wow, t to Al 1 real and Slate Lae,, I sreulwe Otdera. Roles and Ieeuklkns, and thin leer shill not be terminated in whale o m part not kaki held link in dom... 1011,dat to ,comply thenwtth. of compliance to patented by. of wch faun it Ih rewlt of any such Law. Oede.. Rule or Iteeualkn. le ea shell he Meant al to each knot on ewrnlan hsle.n a. O. fin m ho moved and +hall fir hindine on the ogle*. nololtending mmo 01 the boon abort tamed may not )am In the execute hereof Ilk word "Iesso" as used In this kaw mean. the poly at paters who eurcole the kw es Leswa, sktbooeh not need shore• Levee may at soy time and ram time to hew amend. Or, kaw n to any pat or pans of the hard ptomuwa for delnetine or mailing a release thereof totem. m to placing a mite of record an the prapet fount). Ales a pawl +mleniks, 1110 umiak prattled abate shell he ptopo,luwukly reduced on an sewage he,,. Leese' hereby •1100011ond agrero to defend the Ilk 10 the and, herein ,kwnhd. and epees Chit Me elite MoD have the tight at tiny lime neat. Toe lest« by payment eery monad. eel or other liens an the ahrft deweltwd lands in the even( or default of payment by knot, and he whoealed to the ode N the holder thereof. _ kee hereby agrees that no right has:been granted: by Lessor for extraction or use of gravel and fill dirt. i WHL F. f1. Ibis the .1/ e Delores J. unn �. day of May 1,9.78 ssp SSA '?-44 44AP Lerra SKLD, Inc. HT SKL18541 WE 1789635-1979.001 {TAT! OF agility of } n. (aCLNOW!uDCNRNT FOR /ND/gDOAR) 1789635 eft Mary Nike Moodier W Cwrq ad farts, w i —• -der « May -432E, r•: -"ate. is,_ 'o4 A t e "nnis G. Dunn & Delores J. Dunn. Joint Tennants j ill h£awa Y,I t*fi tibia weirs . w $ mho ammo/ the width W Imuels Inmrrq .s/showdsd.sd N sr gm they 0.N mad e.lo mit Lid , r ,rrf�� , t,�lie 1 r ,M Med, fie uvs .r -s sod peeper aswswwiil!!lOI, I hen Imesa . M r! «liW *severe sad .amsd4. O. M rte 5-0 L,Glr STAT! Of Comm of (ACMNOWUDCNIAT 10! INDf 7DVIt) Nord PPM lehn am U. .d--ipoda a Modal Auk i. t.d Is. std C•.•4 sad IMrs, « dM—. _ _day ad paolsolly append Nwsslb Dews- N me ae 4 ds idosi.i preaa— ahs mood do did W Ie.Meis! lsmsmeek led sUsaYdpi is me ameMed tl. muse ho.lid dismay sal ad ds.d, fee do ors lid pooped dowels ea Ida. IN WITH/ $ manor, nary* Wow IN my «Mil due= lid offload lib sffiulsi al tM der old Flu !m and -dais, Ml rsrtirir ephss %TAT! OP on Caddy of (AC[NOWUDCAfrNT FOR INDITID:I/L) Woody Pelle Pim or, ds abipsd, added P.hlk, I. eel U. rid Cwsb ad Sum, di Ismasear WNW ponaral Wad N Ea r ho de IMMW less._ who etmeted the while sad U.pla loorwasds, lid .ah..wlsMsd r r dada moor do ammo _.hvo end volume act ell Med, for the ma ad pompoms dents r ford, IN W1n os WNUIOI. I MN hrmrls sot M .Nki.1 Adam sad afield me .theist awl d. Mt and yam /lam dim.. Mo. .. s.rmiarlos spin... Mote Teak (ACKNOWLEDGMENT FOR CORPORATION) On dia..._......._._...day of ..._ ._..»__ .......................n. O., 19..._......., before not, the undersigned, • Naas Pupk, is and for tM Canty semi @W entr.rld, l.ea.tll amount N me blown to he the ldadal wean.... who intuited the name of the molar thereof to the fondant isrnssat ma its_ » ,r sd adsawleds.d N a thet.__....._........____..m, wed the same .t ...Ida sad dismay sr ad Med sad so da lee sod volume set sod Med of with a.gsiados, ter the sem ad prptr detain on forth. Clna wader my head sad teal of alike the dp anti peer he sheet wdttaa. Ml tdsrWka tutu SKLD, Inc. HT SKL18541 WE 1789635-1979.002 PRODUCERS xa PAim IIP Rev. 5-60, No. 2 AR242639& AGREEMENT, Made and entered into me 27th day of November Delores J. Dunn, a single woman OIL AND GAS LEASE , 199 4 , by and between 80218 whose pout office address is 1375 Williams Street #101, Denver. CO , hereinafter called Lessor (whether one or more) and SNYDER OIL CORPORATION whose post office address is 1625 Broadway, Suite 2200, Denver. CO 80202 , hereinafter called DOLLARS WITNESSETH, That the Lessor, for and in consideration of TEN AND MORE ( 510.00 � ) cash in hand paid, the receipt of which is hereby acknowledged, and the covenants and agreements hereinafter contained, has g granted, demised, ight for and let, and by these presents does grant, demise, lease and let exclusively unto the said Lessee, the land hereinafter described, with theose of mining, exploring by geophysical and other methods, and operating for and producing therefrom oil and all gas of whatsoever nature or kind, with rights of way and easements for haying Ripe lines, and erection of structures thereon to produce, save and take care of said products, all that certain tract of land situated in the County of Weld , State of Colorado , described as follows, to -wit: TOWNSHIP 5 NORTH, RANGE 67 WEST, 6th P.M. Section 34: That portion of the SE* lying South and West of the Union Pacific Railroad Company Right -of -Way. together with any reversionary rights and executory rights therein, and together with all strips, or parcels of land, (not, however, to be construed to include parcels comprising a regular 40 -acre legal subdivision or lot of approximately corresponding size) adjoining or contiguous to the above described land and owned or claimed by Lessor, and containing 10.25 acres, more or less. 1. It is agreed that this lease shall remain in force for a term of three ( 3 ))cars from this date and as long thereafter as oil or gas of whatsoever manure or kind is produced from said leased premises or on acreage pooled therewith, or drilling operations are continued as hereinafter provided. If, at the expiration of the primary term of this lease, oil or gas is not being produced on the leased premises or on acreage pooled therewith but Lessee is then engaged in drilling or re -working operations thereon, then this lease shall continue in force so long as operations are being continuously prosecuted on the leased premises or on acreage pooled therewith; and operations shall be considered to be continuously prosecuted if not more than ninety (90) days shall elapse between the completion or abandonment of one well and the beginning of operations for the drilling of a subsequent well. If after discovery of oil or gas on said land or on acreage pooled therewith, the production thereof should cease from any cause after the primary term, this lease shall not terminate if Lessee commences additional drilling or re -working operations within ninety (90) days from date of cessation of production or from date of completion of dry hole. If oil or gas shall be discovered and produced as a result of such operations at or after the expiration of the primary term of this lease, this lease shall continue in force so long as oil or gas is produced from the leased premises or on acreage pooled therewith. 2. This is a PAID -UP LEASE. In consideration of the down cash payment, Lessor agrees that Lessee shall not be obligated, except as otherwise provided herein, to commence or continue any operations during the primary terns. Lessee may at any time or times during or after the primary term surrender this lease as to all or any portion of said land and as to any strata or stratum by delivering to lessor or by filing for record a release or releases, and be relieved of all obligation thereafter seeming as to the acreage surrendered. 3. In consideration of the premises the said I cssre covenants and agrees: 1st. To deliver to the credit of Lessor, free of cost, in the pipe line to which Lessee may connect wells on said land, the equal one -eighth ( /8 ) part 1 of all oil produced and saved from the leased premises. payable quarterly, for the gas from each well where gas only is found, while the 2nd. To pay Lessor one -eighth (1/8) of the gross proceeds each year, wheat theisorewhet rate same is being used off the premises, and If used in the manufacture of gasoline a royalty of one -eighth (1/8). payable monthly prevailing 3rd. To pay Lessor for gas produced from any oil well and used off the premises or in the manufacture of gasoline or any other product a royalty of gas. one -eighth (1(8) of the proceeds, at the mouth of the well, payable monthly at the prevailing market rate. 4. Where gas from a well capable of producing gas is not sold or used, Lessee may pay or tender as royalty to the royalty owners One Dollar per year per net royalty acre retained hereunder, such payment or tender to be made on or before the anniversary date of this lease next ensuing after the expiration of 90 days from the date such well is shut in and thereafter on or before the anniversary date of this lease during the period such well is shut in. If such payment or tender is made, it will be considered that gas is being produced within the meaning of this lease. 5. If said Lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein, then the royalties (including any shut- in gas royalty) herein provided for shall be paid the Lessor only in the proportion which Lessor's interest bears to the whole and undivided fee. 6. Lessee shall have the right to use, free of cost, gas, oil and water produced on said land for Lessee's operation thereon, except water from the water from the wells of Lessor. 7. When requested by Lessor, Lessee shall bury I eseae's pipe Line below plow depth. 5. No well shall be drilled nearer than 200 feet to the house or barn now on said premises without written consent of Lessor. 9 Lessee shall pay for damages caused by Lessee's operations to growing crops on said land. 10. Lessee shall have the right at any time to remove all machinery and fixtures placed on said promises, including the right to draw and remove casing. 11. The rights of Lessor and I eeeee hereunder may he assigned in whole or part. No change in ownership of Lessor's interest (by assignment or otherwise) shall be binding on Lessee until Lessee has been furnished with notice, consisting of certified copies of all recorded instruments or documents and other information necessary to establish a complete chain of record title from Lessor, and then only with respect to payments thereafter made. No other kind of notice, whether actual or constructive, shall be binding on Lessee. No present or future division of Lessor's ownership as to different portions or parcels of said land shall operate to enlarge the obligations or diminish the rights of Lessee, and all Lessee's operations may be conducted without regard to any such division. If all or any part of this lease is assigned, no leasehold owner shall be liable for any act or omission of any other leasehold owner. 12. Lessee, at its option, is hereby given the right and power at any time and from time to time as a recurring right, either before or after production, as to all or any part of the land described herein and as to any one or more of the formations hereunder, to pool or unitize the leasehold estate and the mineral estate covered by this lease with tuber land, lease or leases in the immediate vicinity for the production of oil and gas, or separately for the production of either, when in Lessee's judgment it is necessary or advisable to do so, and irrespective of whether authority similar to this exists with respect to such other land, lease or leases. Likewise, units previously formed to include formations not producing oil or gas, may be reformed to exclude such non -producing formations. The footling or reforming of any unit shall be accomplished by I essee executing and filing of record a declaration of such unitization or reformation, which declaration shall describe the unit. Any whit may include laud upon which a well has theretofore been completed or upon which operations for drilling have theretofore been commenced. Production, drilling or re -working operations or a well shut in for want of a market anywhere on a unit which includes all or a part of this lease shall be treated as if it were production, drilling, or re -working operations or a well shut in for want of a market under this lease. In lieu of the royalties elsewhere herein specified. including shut-in gas royalties. Lessor shall receive on production from the unit so pooled royalties only on the portion of such production allocated to this lease; such allocation shall be that proportion of the unit production that the total number o€ surface acres covered by this lease and included in the unit beam to the total number of surface acres in such unit. In addition to the foregoing, Lessee shall have the right to unitize, pool, or combine all or any part of the above described lands as to one or more of the formations thereunder with other lands in the same general area by entering into a cooperative or unit plan of development or operation approved by any governmental authority and, from time to time, with like approval, to modify, change or terminate any such plan or agreement and, in such event, the terms, conditions and provisions of this lease shall be deemed modified to conform to the terms, conditions, and provisions of such approved cooperative or unit plan of development or operation and, particularly, all drilling and development requirements of tins lease, express or implied, shall be satisfied by compliance with the drilling and development requirements of such plan or agreement, and this lease shall not terminate or expire during that life of such plan or agreement. In the event that said above described lands or any pat thereof, shall hereafter be operated under any such cooperative or unit plan of development or operation whereby the production therefrom is allocated to different portions of the land covered by said plan, then the production allncared to any particular tract of land shall, for the purpose of computing the royalties to be paid hereunder to Lessor, be regarded as having been prodnoel froth the particular tract of land to which it is allocated and eel to any other tract of land; and the royalty payments to be made hereunder to Lessor shall be based upori production only as so allocated. Lessor shall formally express Lessor's consent to any cooperative or unit plan of development or operation adopted by Lessee and approved by any governmental agency by executing the same upon request of Lessee. lease shall this and Regulations, Rules or Reg 13. All express or itnplied covenants of this lease shall be subject to all Federal and State Laws, Executive Orders, or if such faa is the net be terminated, in whole or in part, nor Lessee held liable in damages, for failure to comply therewith, if compliance is prevented bli result of, any soot -Law, Order, Rule or Regulation. 14. Lessor pretty whraants and agrees to defend the title to the lands herein described, and agrees that the Lessee shall have the right at any time to redeem for Lessor, by-peyinent, any mortgages, taxes or other liens on the above described lands, in the event of default of payment by Lessor and be subrogated to the rights of the holder thereof, and Lessor hereby agrees that any such payments made by if for the Lessor may be deducted from any amounts of money which may become due the I ecsor under the terms of this lease. The undersigned Lessors, for themselves and their heirs, successors and assigns, hereby suremder and release all right of dower and homestead in the premises described herein, insofar as said right of dower and homestead may in any way affect the purposes for which this lease is made, as recited herein. 15. Should any one or more of the parties hereinabove named as Lessor fail to execute this Lease, it shall nevertheless be binding upon all such parties who do execute it as Lessor. The word "Lessor". as used in this lease, shall mean any one or more or all of the parties who execute this lease as Lessor. All the provisions of this lease shall be binding on the heirs, successors and assigns of Lessor and lesser. IN WITNESS WHEREOF, this insent is executed as of the date first above written. &6N/j1,CIPV )/ ,7t, Delores J. SS# 523-44-4488 2426398 B-1479 P-668 02/13/95 01:55P PG 1 OF 2 RECDOC Weld County CO Clerk & Recorder 10.00 SKLD, Inc. HT SKL18541 WE 2426398-1995.001 Prin,c4 by I'F 0 Printing l!13) 423 4551 STATE OF Colorado Oklahoma, Kansas, New Mexico, Wyoming, Montana, Colorado, Utah, ss. Nebraska, North Dakota, South Dakota COUNTY OF Weld ACKNOWLEDGMENT—INDIV�WUAL BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this /`7 T� day of December , 1994 , personally appeared Delores J. Dunn, a single woman and , to me known to be the identical person , described in and who executed the, wittili' lfMofpregoing instrument of writing and acknowledged to me that she duly executed the same as her free atid, luntnti% qd deed for the uses and purposes therein set h:rth. ][;)1/4i�fE$5 `7iHEREOF, ?aye her nto set my hand and affixed my n seal the day and ear la bove written. :"My 'sett 1� Aires ��/ Notary Public. 777 Address: C O STATE OF Oklahoma, Kansas, New Mexico, Wyoming, Montana, Colorado, Utah, i ss Nebraska, North Dakota, South Dakota COUNTY OF ,1 ACKNOWLEDGMENT —INDIVIDUAL BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this day of , 19 , personally appeared and to me known to be the identical person , described in and who executed the within and foregoing instrument of writing and acknowledged to me that and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my notarial seal the day and year last above written. My Commission Expires duly executed the same as free Address: Notary Public. STATE OF ss COUNTY OF On this day of , A.D. 19 , before me personally appeared , to me personally known, who, being by me duly sworn, did say that he is the of _ ACKNOWLEDGMENT (For use by Corporation) and that the seal affixed to said instrument is the corporate scat of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said acknowledged said instrument to be free act and deed of said corporation. Witness my hand and seal this day of , A.D. 19 . (SEAL) My Commission expires 2426398 8-1479 P-668 02/13/95 01:55P PG 2 OF 2 Notary Public. 0 a w a 13 - A z Address' 8 •0 8 0 B t1 0 and duly recorded in 0 itt E 0 of the records of this office. U O V a A a, SKLD, Inc. HT SKL18541 WE 2426398-1995.002 Notice of Inquiry Development within a Coordinated Planning Agreement or Intergovernmental Agreement (CPA or IGA) Boundary Date of Inquiry 3/11/2021 Municipality with CPA or IGA Name of Person Inquiring Walt Nicoli, Stephanie Fancher-English Property Owner Loveland Ready -Mix Concrete, Inc. Planner Kim Ogle kogle@weldgov.com Legal Description PT SE4 345 67 LYING S & W OF UPRR R/W, PT NE4 3-4-67 Parcel Number 095734000030, 105903000045, 105903000027 Nearest Intersection Hwy 257 at County Road 48.5 Type of Inquiry USR for Aggregate mine The above person inquired about developing a property inside your designated CPA or IGA boundary. This person has been referred to community by Weld County Planning to discuss development options on this site. Visit Chapter 19 of the Weld County Code for specifics on your agreement. Weld County Comments The properties are located within the CPA for your municipality. Does the Town want to annex, enter into a pre -annexation agreement or release back to the County for processing Name/Title of Municipality Representative Municipality Comments Kim Ogle Digitally signed by Kim Ogle Date: 2021.05.10 11:46:37 -06'00' Signature of Weld County Planner Signature of Municipality Representative Plase return the signed form to: Weld County Planning Department 1555 N 17th Avenue, Greeley, CO 80631 (970) 353-6100 x3540 ^' (970)304-6498 fax Notice of Inquiry Development within a Coordinated Planning Agreement or Intergovernmental Agreement (CPA or IGA) Boundary Date of Inquiry 3/11/2021 Municipality with CPA or IGA MtWlt Name of Person Inquiring ~Property Stephanie Fancher-English; Walt Niccoli Owner Loveland Ready -Mix Concrete, Inc. Planner Kim Ogle kogle@weldgov.com Legal Description PT SE4 34 5 67 LYING S & W OF UPRR Ft/W; PT NE4 3-4-67 Parcel Number 095734000030, 105903000045, 105903000027 Nearest intersection Hwy 257 at County Road 48.5 Type of inquiry Gravel Mine, no processing or batching The above person inquired about developing a property inside your designated CPA or IGA boundary. This person has been referred to community by Weld County Planning to discuss development options on this site. Visit Chapter 19 of the Weld County Code for specifics on your agreement. Weld County Comments Proposed mine location is within the Milliken CPA. Wet mining of aggregate materials along Big Thompson River, northwest of Milliken. Aggregate materials to be trucked and used in permitted concrete batch plant operations at the SW corner of HWY 402 and County Road 13. As site is within the CPA, does the Town wish to seek an annexation agreement ora pre -annexation agreement? Name/Title of Municipality Representative Tap /DJ r fi'''C /(e v, ail. a r1 Municipality Comments To -,r % o cJlid (hit); sil-r 7ta c ?o<,'/ s- _ lCa - Kim Ogle Digitally signed by Kim Ogle Daft 202165, i 011:25:43 406'00' Signature of Weld County Planner RECEIVE13 2 Signs ulre of Municipality Representative Plase return the signed form to: Weld County Planning Department 1555 N 17G' Avenue, Greeley, CO 80631 (970) 353-6100 x3540 "' (970)304-6498 fax LLIKEN Weld County Treasurer Statement of Taxes Due Account Number R4480786 Parcel 105903000027 Legal Description Situs Address 21377 PT NE4 3 4 67 STRIP ON EACH SIDE OF LN BEG ON N LN CO RD ON S SIDE NE4 51'W OF W LN CO RD ON E SIDE NE4 N37D42'W 3238' TH NWLY ON ID CURVE TO LEFT 347' TO N LN NE4 3585'E OF NW COR SEC Account: R4480786 LOVELAND READY MIX CONCRETE INC PO BOX 299 LOVELAND, CO 80539-0299 Year Tax Tax Charge 2021 $1.92 Interest Fees $0 00 $5 00 Payments Balance ($6 92) $0.00 Total Tax Charge $0.00 Grand Total Due as of 05/09/2022 $0.00 COLLECT $5.00 Tax Billed at 2021 Rates for Tax Area 0555 - 0555 Authority WELD COUNTY SCHOOL DIST RE5J NORTHERN COLORADO WATER (NC CENTRAL COLORADO WATER (CCW CENTRAL COLORADO WATER SUBD FRONT RANGE FIRE RESCUE (JO AIMS JUNIOR COLLEGE THOMPSON RIVER REC HIGH PLAINS LIBRARY WEST GREELEY CONSERVATION Mill Levy 15.0380000* 50 8840000* 1.0000000 1.4040000 2.1890000 11.5590000 6.3420000 3.5940000 3.1970000 0.4140000 Amount Values $0.30 AG -GRAZING LAND $1.02 Total $0.02 $0.03 $0.04 $0.24 $0.13 $0.07 $0.06 $0.01 Weld County Treasurer's Office 1400 N 17th Avenue PO Box 458 Greeley, CO 80632 Phone: 970-400-3290 Actual Assessed $80 $20 $80 $20 Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Weld County Treasurer are evidence that as of this date, all current and prior year taxes related to this parcel have been paid in full. Date: 5 - cl . 2O 22 Weld County Treasurer Statement of Taxes Due Account Number R0932101 Parcel 105903000045 Legal Description Situs Address NE4 3-4-67 LYING WLY OF UPRR ROW EXC STRIP 50' ON EACH SIDE OF LN BEG ON N LN CO RD ON S SIDE NE4 51'W OF W LN CO RD ON E SIDE NE4 N37D42'W 3238' TH NWLY ON ID CURVE TO LEFT 347' TO N LN NE4 3585'E OF NW COR SEC ALSO EXY HWY 257 ROW ALSO EXC LOT A REC EXEMPT RE -889 ALSO EXC LOT B AMD REC EXEMPT RE -889 (1 31 R) Account: R0932101 LOVELAND READY MIX CONCRETE INC PO BOX 299 LOVELAND, CO 80539-0299 Year Tax Tax Charge 2021 $80.60 Interest Fees $0.00 $0.00 Payments Balance ($80.60) $0.00 Total Tax Charge $0.00 Grand Total Due as of 05/09/2022 $0.00 Tax Billed at 2021 Rates for Tax Area 5742 - 5742 Authority WELD COUNTY SCHOOL DIS'f RE5J NORTHERN COLORADO WATER (NC CENTRAL COLORADO WATER (CCW CENTRAL COLORADO WATER SUBD FRONT RANGE FIRE RESCUE (JO MILLIKEN FIRE (BOND 2024) AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY WEST GREELEY CONSERVATION Taxes Billed 2021 * Credit Levy Mill Levy 15.0380000* 50.8840000* 1.0000000 1.4040000 2.1890000 11.5590000 0.6000000 6.3420000 3.1970000 0.4140000 Amount Values Actual Assessed $13.09 AG -GRAZING LAND $2,986 $870 $44 28 Total $2,986 $870 $0 87 $1.22 $1.90 $10 06 $0 52 $5 52 $2.78 $0.36 92 6270000 $80 60 Weld County Treasurer's Office 1400 N 17th Avenue PO Box 458 Greeley, CO 80632 Phone: 970-400-3290 Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Weld County Treasurer are evidence that as of this date, all current and prior year taxes related to this parcel have been paid in full. Date: 5 - q . 2O 22 Weld County Treasurer Statement of Taxes Due Account Number R1639586 Parcel 095734000030 Legal Description Situs Address 22675-A PT SE4 34 5 67 LYING S & W OF UPRR R/W Account: R1639586 LOVELAND READY MIX CONCRETE INC PO BOX 299 LOVELAND, CO 80539-0299 Year Tax Tax Charge 2021 $7.36 Interest Fees $0.00 $5.00 Payments Balance ($12.36) $0.00 Total Tax Charge $0.00 Grand Total Due as of 05/09/2022 $0.00 COLLECT $5.00 Tax Billed at 2021 Rates for Tax Area 0557 - 0557 Authority WELD COUNTY SCHOOL DIST RE5J NORTHERN COLORADO WATER (NC FRONT RANGE FIRE RESCUE (JO AIMS JUNIOR COLLEGE THOMPSON RIVER REC HIGH PLAINS LIBRARY WEST GREELEY CONSERVATION Taxes Billed 2021 * Credit Levy Mill Levy 15 0380000* 50.8840000* 1.0000000 11.5590000 6.3420000 3.5940000 3.1970000 0.4140000 Amount Values Actual Assessed $1.23 AG -GRAZING LAND $285 $80 $4.06 Total $285 $80 $0.08 $0.92 $0.50 $0 29 $0 25 $0.03 92.0280000 $7 36 Al I TAY I IFN SAI P AMCu INTS ARP RI IR_IP= Trl RHAN(;F fI IP T(1 FNf1r1RSFMFNT (1F f I IRRFNT TAXES RV TI-IP Weld County Treasurer's Office 1400 N 17th Avenue PO Box 458 Greeley, CO 80632 Phone: 970-400-3290 Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Weld County Treasurer are evidence that as of this date, all current and prior year taxes related to this parcel have been paid in full. Signe Date:. - c . DO 22 TELESTO SOLUTION 5+ I N C= C R P O R A T E D August 30, 2022 Via Electronic Mail Kim Ogle Weld County Planning Department 1555 North 17th Avenue Greeley, Colorado 80631 Subject: Loveland Ready -Mix USR22-0018 June 2022 Neighborhood Meeting Dear Mr. Ogle: Loveland Ready -Mix Concrete, Inc. (LRM) and Telesto Solutions, Inc. (Telesto) held an Informational Neighborhood Meeting at the Milliken Town Hall Meeting Room on June 6, 2022, from 7:00pm to 9:00pm. Sheryl Trent of SBrand Solutions facilitated the meeting and transcribed the questions from meeting attendees. This letter serves as LRM's summary of that meeting and response to questions collected at that meeting. During the meeting we: 1. Reviewed the project plan a. Project objectives b. Project location & haul route c. Mining and concurrent reclamation plan d. Resulting property e. Operation hours, mining hours, hauling hours 2. Reviewed the permitting steps and status a. Colorado Division of Reclamation, Mining, and Safety (DBMS) b. Weld County i. Traffic Impact Study ii. Floodplain Study iii. Noise Study c. US Army Corps of Engineers 3. Provided an overview of previous questions and answers from the neighborhood meeting hosted in September of 2021 4. Collected new questions from attendees Attached to this letter are the written responses to the questions collected during that meeting along with a sign-up sheet of attendees. The sign-up sheet was optional. The attached question responses will be sent to attendees on this list. Colorado Office (Corporate) New Mexico Office 750 14th Street SW Loveland, Colorado 80537 970-484-7704 / 970-484-7789 (FAX) 1303 Pope Street Silver City, New Mexico 88061 575-538-5620 / 575-538-5625 (FAX) To: Mr. Ogle Date: 8/30/22 Page 2 Sincerely, Telesto Solutions, Inc. Taryn Tigges, PE Senior Engineer Enclosure: Sign -Up Sheet Neighborhood Meeting Question Responses cc: Stephanie Fancher-English, Loveland Ready -Mix Concrete, Inc. 20220830 NeighborhoodMeeting TELESTO W.V.-Met ,at) ci te -14 1 SIGN UP SHEET Name Email Contact Sheryl Trent Sheryl@sbrandsolutions.com Taryn Tigges ttigges@telesto-inc.com Brad Fancher bradf culrmconcrete.com Stephanie Fancher - English stephanief@Irmconcrete.com Morgan Grotzky Morgangrotzky@hotmail.com Sheila Grotzky Sgrotzky@hotmail.com Linda Garver LSGARVER@msn.com Gene Wagner wagnerfarmsllc@aol.com Willa Ioerger Willa.ioerger@gmail.com Michael Sage sagesail@bajabb.com Peggy Sage sagesail@bajabb.com Steve Kelly jskcak@gmail.com Russ Clement russclem@hotmail.com Judy Lundquist j_m_lundguist@msn.com John and Cindy Vasco jcvasco@bajabb.com S- t +9ic... SKs4-Aina6l . SEAcec-vss. www.sbrandsolutions.com Answers to Questions Generated at Community Meeting Meeting Held 6/6/22 at Milliken Town Hall Meeting Room Hosted by Loveland Ready -Mix Concrete, Inc. LOVELAND READY MIX CONCRETE TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D Disclaimer • The information presented at the aforementioned meeting and all that contained herein is preliminary in nature and subject to change based on input from neighbors, regulatory agencies and market forces. The purpose of sharing the information is to foster input by interested stakeholders in the permitting process. LOVELAND READY MIX CONCRETE TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D p!;012 1 Acronyms Big T - Big Thompson (river) CDPHE - Colorado Department of Public Health and Environment • County - Weld County DRMS - Colorado Division of Reclamation, Mining and Safety • LRM Loveland Ready -Mix Concrete, Inc. • USACE - United States Army Corps of Engineers • USR — Use by Special Review LOVELAND READY MIX CONCRETE TELESTO S O L U T I O N 5. 1 I1 C O R P O R A T E D Format • The question is repeated verbatim as listed on the sketchpad or note card submitted at the meeting. Questions are in blue italics • Answers are in black /1W boll font LOVELAND READY MIX CONCRETE TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D • • QUA What are concrete examples of least impactful way to environment or people Every project and location has specific impacts and mitigation steps • 1 -RIM has used some of the followinq mitigation strategies (among others), which apply to the Dunn Pit site in particular: Use of CN6 concrete mixer trucks (over 1/2 of the fleet) to reduce carbon emissions Source aggregate resources close to the batch plant to reduce impacts to transportation system and to reduce carbon emissions Mining in smaller increments and concurrent reclamation help mitigate dust, visual impacts, and disturbance to wildlife Wet mining helps mitigate dust, and visual impacts to neighbors Maintaining 100 Foot buffer on each side of river LOVELAND READY MIX CONCRETE TELESTQ SOLUTIONS* 1 11 C O R POR AT E r• QUA • Were the haul trucks included in the noise study? • Yes - Predicted haul road sound levels are based on sound levels measured at the Johnstown Ready -Mix entrance LOVELAND READY MIX CONCRETE TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D QUA • How far in miles or the property West of 257? t LOVELAND READY MIX CONCRETE Parcel 10590300004f5 is adjacent to Highway 257 There are 50' of easements west of the property line From Highway 257 The farthest point on the site is approximately 2,200' west of Highway 257 TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D • t QUA Topsoil: Does it have to be preserved, protected, put back? Topsoil will be removed and stockpiled in berms around the perimeter of the area being mined • The topsoil berms will be out of the way of the active mining operation and will be near the areas where it will be placed during reclamation• • Topsoil will then be used during reclamation and seeded with a grass mix that will be like and compatible with the grass species in the area• LOVELAND READY MIX CONCRETE TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D �8130122 QUA • Only 4 tandem trucks an hour? Are they only tandem? Is 4 an hour the top limit? • That is an average of tandem trucks an hour• Trucks will be loaded and sent to the batch plant at Johnstown Ready Mix where they will unload and return • The mined material will be transported off -site in 76' ton tandem dump trucks LOVELAND READY MIX CONCRETE TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D i i� /10 11,4 mits / #44 *so A it. or ti81:2z • t LOVELAND READY MIX CONCRETE QUA Once dredged the lake fills in naturally, how does that lower the floodplain? The open mining cell Fills with groundwater to make a pond, with the top surface of the water anywhere from 3 to 5 feet below the initial ground level• Removal of topsoil and aggregate in the mining pits gives the river more area through which to move when the river floods The area filled with groundwater now is available to transmit water where before it was filled with aggregate and could not• In other words, it makes the channel larger and thus it can carry flow at a lower depth• This was verified through the floodplain and floodway modeling that was vetted and approved by both the County and DR1fl5• TELESTQ SOLUTIONS* 1 ti C O R POR AT E r• ir ice 110i, LOVELAND READY MIX CONCRETE QUA 11=- • What about the residual debris (rock) that might fall off truck? Equipment operators and haul truck operate their equipment• It is the equipment operators and haul truck aggregate and drive in a responsible loss from the truck• drivers are trained to responsibility of the drivers to load the manner to minimize product TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D • LOVELAND READY MIX CONCRETE QUA What about damage to the road? Weld County is requiring 1._Pill enter into an Improvements and Road /Maintenance Agreement for dust control, damage repairs to specified haul routes, triggered off -site improvements and up -front offesite improvements with the County TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D i i� 11, 11411,10 Mrs / #44 *so A it. or 100 epr2z • t • LOVELAND READY MIX CONCRETE QUA 48 % is now dirt /gravel, it can't handle the load Weld County is requiring 1 -RIM enter into an Improvements and Road Maintenance Agreement for dust control, damage repairs to specified haul routes, triggered off -site improvements and up -front off -site improvements with the County The Traffic Impact Study provided as part of the submittal process will be used by the County to determine what happens onCR&y 1/2 TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D • t • LOVELAND READY MIX CONCRETE QUA CR13 is already heavily trafficked, no stop signs at 402 Weld County is requiring 1 -RIM enter into an Improvements and Road Maintenance Agreement for dust control, damage repairs to specified haul routes, triggered off -site improvements and up -front off -site improvements with the County The Traffic Impact Study provided as part of the submittal process will be used by the County to determine what happens on CR 73 and 1./wy 4102 TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D LOVELAND READY MIX CONCRETE QUA 1 • Can Highway 257 be an alternative? Be prohibited as a truck route? ARM is not proposing to use Highway 257 on the truck route or as an alternative The Conditions of Approval for the Use by Special Review permit can stipulate the approved haul route and prohibit the use of Hwy 257 as a truck route TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D • LOVELAND READY MIX CONCRETE QUA Who enforces the truck route? It is our understanding that Weld County enforces the truck haul route through the Conditions of Approval that are included in the Use by Special Review Permit TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D • a We want Jake brakes prohibited Thank you for your comment• QUA • It is our understanding that Weld County enforces the truck haul route through the Conditions of Approval that are included in the Use by Special Review permit LOVELAND READY MIX CONCRETE TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D • • 0 • LOVELAND READY MIX CONCRETE Where in the process with Weld County? The Planning Commission Nearing has been scheduled for November 7, 2022 The Weld County Board of County Commissioner Nearing has been scheduled For November 76, 2022 The Dept of planning Services Staff will have their Staff Report ready For review one week prior to the Planning Commission Nearing TELESTO Q&A APPROVAL PROCESS FLOWCHART Pre -application meeting (no fee) Application submitted Completeness review by staff Incornplete submittal Appl icant subm its additional application materials Complete submittal Application fee submitted Planner sends application materials to referral agencies for comment (2$ days) 4 _ anner schedules hearings and writes and sends staff report with referr. : •ency comments to applicant (approx. 30 days after referral comments received) Applicant se n , s n - s owners per CRS Section 24-65.5-103 (30 days prior to Planning Commission hearing) 1 Planner sends notice of hearings to owners of land within 500` LPlanning Commission public hearing and recommendation i 1 Board of County Commissioners public hearing and decision Applicant addresses conditions of approval Map and conditions incomplete i HApplicant submits corrections Map and conditions complete i _ Applicant submits Mylar map for recording (within 120 days of approval by the Board) 1 SOLUTIONS • I I I C 0 P P C3 R A 7 E I Planner records IVIylar (within 2 weeks) QUA • Has anyone done any sort of study on property values due to negative aspects? (Mad Russian.) • LRIfl conducted a property values survey for locations within Larimer and Weld LOVELAND READY MIX CONCRETE • counties• The comparison of assessed property values for 4/5 properties with direct views of the Overland Trail Ponds aggregate operations, in Fort Collins, to properties without direct views of aggregate operations indicated little to no substantial negative impact on absolute property value or on annualized increases in property values• Comparison of property values for homes in the same neighborhoods, both with and without views of aggregate mining, indicated no clear trend • In one of the three test neighborhoods, view properties had higher values than non -view properties; in the other neighborhoods the trend was reversed • Comparison of annualized increases in property values for lots with direct views of aggregate mining operations to non -view lots in the same neighborhoods, and to lots in control neighborhoods, showed little to no difference• That no change or small changes were observed is an indication that substantial adverse impact in property values was not seen for properties that are in a comparable situation as the neighboring properties to the proposed Dunn Pit aggregate mining project• This study has been submitted to Weld County• TELESTQ S O L U T I O N S• 1 I1 C O p POR AT Er. �8130122 • S LOVELAND READY MIX CONCRETE QUA Is there a 100' buffer around the river? Yes, 7OO' there is a 7OO' buffer, where no mining will occur, on each side of the Big Thompson River measured from the "Ordinary High Water Mark" TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D QUA • What about buffer on RR tracks? • There is a 50' buffer between the edge of Mining Cell 7 and the Railroad ROW LOVELAND READY MIX CONCRETE TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D 1 r C2 IL - •1 r z I ''. i 8,Nit •N 50 Feet )% • ♦ St ♦ 4 .• 'ti • ♦ ♦ 50 feet ON . `♦ .' • - fi Railroad Right -oft Way QUA fl • What is the regulation around the river? The 700' buffer is required by .DR/145, and has been approved as part of the permitting process for operating in the flood plain • USACE may have additional requirements, however, we are unaware of any additional requirements at this time LOVELAND READY MIX CONCRETE TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D i i� 11,4 11411,10 Mrs / #44 *so A it. op also. __________srearderapranareas trt. tot rams;:or LOVELAND READY MIX CONCRETE QUA I • Why was LRM USR denied in 1999? What is different in 2022? -Why would it now be accepted? • The 7999 application was a different project that included mining, aggregate processing, and batch plant operations This project is proposing to mine aggregate on the property to be transported off site, no gravel crushing, screening or washing is proposed and no batch plant TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D °rig°.■ fig Af &-•.s.----iCrAdrirevoriglir /// /' paill0/ ��S��ii��► rar • Where does the first stage begin? • North of the Big Thompson River, adjacent to the railroad tracks LOVELAND READY MIX CONCRETE TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D • • 41- -- 'J f.6Fr mine ,8.40 -r• -, N' QUA let CI N an s 01 • LOVELAND READY MIX CONCRETE QUA We heard nothing about permitting process with DBMS until after the comment period? DR/V15 requires direct notification to landowners within 20O' of the property, who we did contact We provided the DRII'15 Permit Number as well as their website information at the September 2027 meetinq We followed up with emails to all attendants who left their contact information, as well as anyone who had previously provided contact information that the permitting process had begun• TELESTQ SOLUTIONS* 1 11 C O R POR AT E r• • LOVELAND READY MIX CONCRETE QUA Why are you seeking annexation into the town of Milliken? 1 -RIM is not seeking annexation• ARM followed the rules of the Weld County Application process and sent a Notice of Inquiry to both Johnstown and Milliken because this site falls within the boundary of the Coordinated Planning Agreement with Milliken• It is our understanding that Milliken may choose to request annexation at a later time but we do not know any details or the reason behind their request• TELESTQ SOLUTIONS* 1 I1 Ca p P OR AT Er, • • • LOVELAND READY MIX CONCRETE QUA 1 48 1/2, barely a 2 lane road, it's a consideration. Turn lane needed Weld County is requiring 1 -RIM enter into an Improvements and Road Maintenance Agreement for dust control, damage repairs to specified haul routes, triggered off -site improvements and up -front off -site improvements with the County The Traffic Impact Study provided as part of the submittal process will be used by the County to determine what happens onCR&y 1/2 TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D QUA z • t • LOVELAND READY MIX CONCRETE What study has been done about 37 trucks driving to the site, creating dust 1 -RIPS submitted an application for an Air Pollution Emission Notice (ADEN) to CDPNE, has received an air permit from CSDPHE that takes into account all of the operations and potential dust sources on site I -RIM has a dust abatement plan that addresses control measures used to minimize potential impacts TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D -77.1..--ea%arealmarArarsirraro p!;012 QUA T • How often will the water be spread? • Unpaved haul roads must be qraveled and watered as often as needed to control fugitive particulate emissions such that CDP/.1E permit guidelines are met LOVELAND READY MIX CONCRETE TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D LOVELAND READY MIX CONCRETE QUA • Was there consideration given to the fact that the *(research) County Road 48 % is a school bus route? Is there a plan? 0 0 S Safety Dust Bus drops off at CR-3 PM We were not aware that this may be a school bus route tk�l employees are required to Follow all traffic laws Haul truck drivers require specific training • The traffic study was conducted during a time when school traffic would be accounted for TELESTQ SOLUTIONS* 1 11 C O R POR AT E r• QUA • Did you know that crystalline silicon is a known carcinogen? • Did you know that fine particles penetrate indoors, heating and cooling system? • Did you know it sticks? • Did you know ..... diseases? • LOVELAND READY MIX CONCRETE Because this project utilizes wet mining as a mitigation strategy, dust from mining is unlikely to be a measurable source 1Rifl is familiar with the effects of crystalline silicon an it's sources TELESTQ SOLUTIONS* 1 11 C O R POR AT E r• �8130122 QUA • LOVELAND READY MIX CONCRETE Do you have a requirement to abide by the 50 microgram/cubic meter PEL permissible exposure limit from OSHA? Working conditions for all employees must meet 05/ -IA and Ifl5IIA standards• /Meeting attendants expressed concerns that this compliance is not met for residents• 1._P/I', would like to alleviate this concern by pointing out that if air quality conditions are met on the property, where concentrations of air pollutants will be highest, then air quality conditions will be met off the property, as well• TELESTQ SOLUTIONS* 1 11 C O R POR AT E r• 8130122 • • • LOVELAND READY MIX CONCRETE T QUA What impact (to vegetation?) would the bridge have? Where would it be? Details. A single lane access bridge will be located in the approximate middle of property (see map on the next slide) This located was sited For minimal impact on wetlands and vegetation, close to an existing river crossing The access bridge across the Big T will require a USACE 'FOg Permit to construct TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D ice 110i, LOVELAND READY MIX CONCRETE TELESTQ I I 1 I , a! I SIX �y{ I SY . r II N YI s — Y- �•- -- =mac ` ;;_ C2 'l 1 ' ••$.�� 014'•..- r fir— s ei at. )I, a' tat XI fp Vitt 1 LI . }Y; 1` — • ti Bridge • .4. Id f,•1 S 1 "T let vswM•, ct 4 if I' I I I '* 1V li• 1111 ■ • el YM • __7 -_ ,; area/ItT _ rL. _ir — — ;L - - ..yam ^••• ••ar.11# ir ...' 4illell ----7-4,k-Hr: is' r . • = _ AS VaR7211 1 fir j. • C3 I I • • 4 a 1 • SOLUTIONS* IIICOR POR AT ED • QUA • Is there a conveyor system anywhere? • No LOVELAND READY MIX CONCRETE TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D QUA • What about other permits? How are you getting around that? ARM is obtaining all required permits for the project • See all Parks and Wildlife? Designated bald eagle Mule deer severe winter habitat S LOVELAND READY MIX CONCRETE 1-k/fl received recommendations from CPW in a letter dated July 28, 2022 after the Weld County 05k application submittal and is in the process of assessing recommendations TELESTQ SOLUTIONS* 1 11 C O R POR AT E r• QUA • If CPW did have a recommendation, well LRM oblige them? • 1 -RIM will follow all requirements• Recommendations (not required) will be reviewed carefully and assessed on a case -by - case basis• LOVELAND READY MIX CONCRETE TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D LOVELAND READY MIX CONCRETE QUA • Concern with- will LRM comply with any requirements from USF W? • 1 -kill will follow all requirements• Recommendations (not required) will be assessed on a case -by -case basis• • Bald eagle • CPW has two buffer recommendations to protect bald eagle active nest sites: a) a year-round restricted surface occupancy (R50) O.25 -mile buffer of any active Said eagle nest site, and b) a seasonal (December 7 to July 37) no new human encroachment or permitted/authorized human activities O.5 -mile buffer of any active bald eagle nest site• CPW has documented the nearest active Said Eagle nest in Township 5N, Range 67W, Section 33 which lies approximately one (7) mile west of the project boundary, outside of the O.25 -mile and O.5 - mile buffers• CPW recommends that pre -construction nest surveys be conducted by the applicant prior to any surface disturbance or occupancy• • Prebles jumping mouse • The project area is within the LISFWS' identified overall range for the mouse However, the project area is not within any designated critical habitat for th Preble's meadow jumping mouse• TELESTQ SOLUTIONS* 1 11 C O R POR AT E r• e QUA • CPW 500' no surface occupation- will LRM comply with those recommendation? • CPW recommends No Surface Occupancy and No Ground Disturbances within 500 feet of the Ordinary High Water (Mark of the Big Thompson River ARM will implement a buffer within 700 feet on either side of the River in addition to 5 acre limited mining areas• LOVELAND READY MIX CONCRETE TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D • CDPHE minimum standards: Light Odor Dust Noise QUA • There will be no lighting added to the sight - operations will only occur during daylight hours • • lOYELAND' READY MIX CONCRETE We are not aware of any odor concerns associated with sand and gravel mining Dust and noise compliance are enforced by County and State agencies if ARM is ever out of compliance, they will have to show effective mitigation to these agencies TELESTQ SOLUTIONS* 1 11 C O R POR AT E r• 8130122 • • t LOVELAND READY MIX CONCRETE QUA When a complaint happens, what business strategies do you have in place to resume business with effective mitigation? if you have a complaint once work on site begins, please contact us on our website hops://www•lrmconcrete•com/milliken/ Complaints will be dealt with on a case -by -case basis using documented facts, sound engineering practices, mitigation measures tailored to the particular problem, and follow up to ensure mitigation is successful TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D • Why the deception and dishonesty if we're trying to be truthful? QUA PowerPoint: info about how wetlands are better at Mitigating a flood zone that's incorrect felesto,'tkffl has no intention to deceive For example, the presentation did not say wetlands will mitigate a Flood zone but that the excavation from the project will lower the predicted 700-yr flood stage• For further explanation, see slide 70 oP this document• LOVELAND READY MIX CONCRETE TELESTQ SOLUTIONS* 1 11 Ca p P OR AT Er, 8130122 • • S LOVELAND • READ MIX CONCRETE QUA Is there anything positive that LRM brings to the community? Will still be a gravel pit next to our community, next to a bus stop, quiet is gone, truck traffic. ARM will continue to provide much needed construction materials to the community, at minimal impact, as they have done for over 65 years• The reclamation plan will add 70+ acres of lakes and 3.5+ acres of planted wetland areas to the site with minimal disturbance from mining• Noise levels are predicted to be below County standards and during working days and hours• ARM plans to continue to be a good neighbor and employer, they have done at all other sites• TELESTQ SOLUTIONS* 1 I1 Ca p P OR AT r r 8130122 • Notification about meetings? S S LOVELAND READY MIX CONCRETE QUA Weld County required all property owners within 500' of the project to be contacted for the June 2022 meeting - 1-k/fl decided to contact all property owners within 600' 1-k/fl will continue to notice meetings as required by the County, and will continue to notice those who have left contact information TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D i i4 JO 4114 110 /119 / 6101 #10. A SI no. dx 401 aits0s0000 -5-•friefireisinnir goo '_ • S 0 LOVELAND READY MIX CONCRETE QUA What's going on underneath the ground? We do not anticipate large drawdowns or mounding from this project due the sub -aqueous mining approach• We anticipate the largest drawdowns and mounding will occur at the up and down - gradient ends of the pit, respectively• See figures on the following two slides to see how groundwater elevations are predicted to change by the end of mining• The engineering and the modeling done to predict the drawdowns and mounding has been vetted by the DR/MS regulation specialists in groundwater modeling• TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D C C C r r C C C C r- r C C) I- r 3173000 3175000 3176000 3177000 3174000 r WELD ',COUNTY ROAD,48 v`= LEGEND PERMITTED NEIGHBOR WELLS MONITORING WELLS MODEL PREDICTED GROUNDWATER CONTOURS (1' INTERVAL) PROPERTY BOUNDARY NOTE(S) Coordinate System: MAD 1963 StatePlene Colorado North PIPS 0501 Peet FIGURE 9 MODEL SIMULATED GROUNDWATER ELEVATIONS (5/7/21) DUNN PIT, LOVELAND READY mix PD. BOX 299, LOVELAND: CO, 80539 PREPARE' BY. TELESTO *01U140145.I 1.411 ,, ..le I Lznd≥nd Cnwla#u ;9Ri) 484-7704 wow sI oo.ln<,cnn 317304/0 3174000 3175000 3176000 3177000 O C C CO ri C O C N rel r — S volL a NELSON 3173000 3174000 WELD COUNTY ROAD 48 'x'_ I 3174000 KN6UB'LAKE'' 3176000 I 3176000 3177000 SCALE IN FEET IMP LEGEND PERMITTED NEIGHBOR WELLS MODEL PREDICTED GROUNDWATER CONTOURS (1' INTERVAL) PROPERTY BOUNDARY DRA1NDOWN (FT,) - 3.194 NOTE( S) -9.6 Coordinate System- HAD 1983 StateP9ane Colorado North FIPS 0501 Feet FIGURE 1 5 MODEL PREDICTED GROUNDWATER ELE4`ATtONS AND DRAWDOVVN - END OF MINING DUNN PIT, LOVELAND READY MIX PD. BOX 299, LOVELAND; CO, 80539 PR€PARED Br TELESTO 1101111110114S• I -i a t r. »• I! t.a.dnrx) C01u-adn ;4711; £Mrfld4 PREPARE; FGR LO ELpli$b REN.OY NMII COMTE 3173C00 3175000 3177000 • S S LOVELAND READY MIX CONCRETE QUA Is there a groundwater survey? Can I see it? Yes, a groundwater study has been submitted to the DR/MS and to Weld County To view the complete DR/MS application, which includes the groundwater study, search For permit (P22027059 for Dunn Pit on the DR/MS WebtJnk: https://drmscoloradogov/data-search TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D 8130122 QUA • Ditch 2 lateral ditches. (leakage) • The groundwater model calibration considered features such as the Big Thompson River and surrounding irrigation ditches LOVELAND READY MIX CONCRETE TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D QUA 1 • How deep are the pits? • Slope stability study was done down to bedrock at 20' -30' LOVELAND READY MIX CONCRETE TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D QUA • Wet mining throughout Yes LOVELAND READY MIX CONCRETE TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D • Ground curtains (aka slurry walls) • No LOVELAND READY MIX CONCRETE TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D QUA i 11 ,fl ;,f�l l�ll 11 /4,9 �l 41100 / /1101. 0i%iii St' 0° NO 04000 _��i�iii/ MOO 000#°500011 4:*(�i�i'i•I� ��:�Giiiii��/ � 81 27) QUA -E- • What impact on groundwater? Septic systems? • To view the complete DR/MS application, which includes the groundwater study, search for permit M2027059 for Dunn Pit on the DR/MS tiiebtdnk: h tt ps://drms colorado qov/datrsearch • Your septic systems will not be impacted LOVELAND READY MIX CONCRETE TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D 41,0 %7IIji 6101 #10, 1010 olor 10010 Soo ss _��010 e5tairs•••••wraggi ��i�iii�i�i'i•ram ��:�Giiiii��/ 8/30/22 • 0 LOVELAND READY MIX CONCRETE Water table not far from the surface We are aware of the groundwater table and it has been into consideration See slides 45-47 TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D QUA taken QUA 1 • Monitoring wells? Long term... • Some monitoring wells will be mined out as mining progress across the site • Others will remain as long as necessary to monitor groundwater levels and groundwater quality during mining LOVELAND READY MIX CONCRETE TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D Q&A • What "year" measurement was this done on ?("1' tall", etc) • The calibration targets used in the groundwater model are May 2027 groundwater elevation measurements from the site monitoring wells LOVELAND READY MIX CONCRETE TELESTO SOLUTIONS • 1 I! C 0 P PORAT[ D T_ Monitoring Well Information Well Name Eastingl Northing Stickup (ft} Ground Surface Depth Water Measured 5/7121 (ft) to Groundwater Elevation (ft) Elevation (ft) MA1-01 9.25 1368 879 3173581 327 4746.348 474017 MW -02 1370 047 3.3.2 4748A83 8.52 4743.28 1► 73544 MAN -03 3.2 .4752 474633 3173028 1370 961 .183 MW -04 1369669 3.54 I.05 9.55 4741_49 3.171A 94 4747495 MW -M5 1369091 i 10... 1 3.74 3174587 474 473611 .581 MW -06 3175284 3.05 4740.507 4735.69 1367834 7.87 1367902 6.90 2.76 4733.17 MW -07 3176101 4737111 MW -08 3175991 2.83 4739.284 830 4733.81 1368476 MW -09 1368109 3.-3.3 7.62 47 7.44 3174529 4741.733 MW -10 136'9928 3.53 7 •7.9 1111 1 4740.26 3174626 • LOVELAND READY MIX CONCRETE QUA Do you have a contingency system for groundwater problems /issues we need to be protected? I-k/fri is proposing the use of a five-foot drawdown in on -site monitoring wells as a trigger that would initiate more intensive monitoring and discussions of potential mitigation measures with neighbors• if required, I-k/fl will negotiate in good faith to implement corrective actions that are amenable all parties• Corrective actions could include: 7) providing extra augmentation water and supplying water from the mined cells, 2) deepening wells (there is typically an extra 70 feet to bedrock in most domestic wells surveyed) to ensure there is still adequate saturated thickness from which groundwater can be extracted, and 3) reintroducing pumped groundwater through a leach field or injection well back into the aquifer near the impacted well• TELESTQ SOLUTIONS* 1 11 C O R POR AT E r• 0 400 atedratallarari path/22 • a LOVELAND READY MIX CONCRETE QUA Why Milliken? Why this property? Any special treatment? ARM has owned this property since the early 7980 's The timelines oF 1 -km's other properties, as well as supply and demand for concrete, make this a good time to move forward with mining this site The geology dictates where we can mine• The sand and gravel in the Front Range is found within the river beds and many sand and gravel pits are located near the Big Thompson River TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D r ,i010 /tti� 4:11. %i�/ir//�r�/ii QUA • If you care about the health of your community, why are you locating a gravel pit next to a golf course and 48 1/2? • ARM cares very much about the health of our entire community, does not believe they will create any detrimental health effects, and intends to model responsible mining• LOVELAND READY MIX CONCRETE TELESTQ S O L U T I O N 5. 1 1 1 C O P. P O R A T E D i i� 11411,10 Mrs / #44 *so A it. or epr2z March 26, 2022 Division of Reclamation, Mining and Safety 1313 Sherman Street Room 215 Denver, CO 80203 Dear Sirs, RECEIVED MAR 3 0 2022 DWISION OF REC1AWMON MINING AND SAFETY Just this morning I was made aware of yet another sneaky attempt to open a gravel mine less than half a mile from my home. We attended a meeting held at the Milliken Town Hall last August, and attended because people were notified by volunteers who went door to door to publicize it. It was attended by the owners of Loveland Ready -Mix but with the exception of a few postcards, they did not publicize it. There were approximately 50 people at that meeting and numerous other neighbors signed a petition objecting to this facility. There was substantial community resistance displayed at this meeting and some hostility from those attending from Loveland Ready -Mix. The resistance was due, in my observation, to two issues. The first is obvious. Silica poisoning is an ugly thing. The second was the addition of a large number of big trucks, (estimated by the company to be 80 to 100 a week) which will come in on a small county road, 48 Y2, be filled up and travel to their facility in Loveland. The estimation is not written in stone and they are not held to that number. We have a nice community at Mad Russian, with families, growing children, retired people and Veterans with health issues due to their service. All of them will be harmed by this facility (see OSHA article and letter from Dr. Syzek enclosed). There is little question in the short amount of research I have done that silica poisoning affects not just the workers, but those in the surrounding area. This will have an affect on the health of all of us in the area, our landscaping, gardens (see article from Utah re cherry orchards) pets, and our general quality of life. I wrote to a physician in Salida, CO who fought a similar attempt made in their area. While it was ultimately turned down for the size of the roads, Dr. Syzek shared the research he had done with information on the affects of silica poisoning on a community. He was adamant that there would be significant health problems for those living nearby. The owners of Loveland Ready -Mix do not live in this community, so their mine will enrich them at our expense. The notification they promised us at the community meeting never happened. Not one attempt was made by them to contact the community that would be most affected. They did have contact information, but never used it. They seemed to feel that posting signs on county road 48 f2 was enough, even though only those who live directly, across the road would likely see them. There is no access to Mad Russian Subdivision from that road. They posted a notice in the Greeley Tribune. We do not live in Greeley. It would appear obvious that they did as much as they possibly could to keep this information about applying for permits to begin work as secretive as possible. They also suggested at the community meeting that there would be "only" 80 to 100 trucks each week and that they would not use the already overcrowded Highway 257 to deliver the product to their facility. This is hogwash. We did hear from more than one actual truck driver who stated that truck drivers choose the shortest route between point A and point B, and that is likely not a narrow dirt road. Highway 257 is already currently overwhelmed by huge oil trucks and other trucks hauling heavy equipment, and this is obvious to us 24 hours a day, 7 days a week. They noted that they would leave the property in lovely condition..,.25 years from now, with nice ponds and vegetation. You will excuse me for not being excited, but I will be 75 this year and it would likely be nice for someone else, but not for me. I am sure too that the children who would likely suffer long term health consequences from the silica (an elementary school is approximately % of a mile away) and their suggestion that they will water all this dust down in dry Colorado is subject to question. There is a golf course immediately to the north of this proposed facility. A sure win for that golf course. The only people who stand to profit are the owners of Loveland Ready Mix. The rest of us will receive only negative affects; health issues, the loss of vegetation due to dust coating the foliage, the loss of property values, and the affects on the wildlife, some of it either endangered or threatened, I sincerely hope that you will look at the aggregate negative affects on the people living in this area, and see that the value of our lives, homes and simple quality of life has more value than a gravel pit and that we deserve protection from a company who went a long way towards covering up this mine, and evading any good neighbor policies. I have enclosed printouts of the letter from Dr. Syzek, the report on the affects of Silica poisoning from OSHA, and a newspaper article from Utah about the affects on a 200 year -old cherry orchard caused by a gravel mine in close proximity. Another Mad Russian advocate has passed on the names of those who signed in opposition to this gravel pit, and additional information about the adverse health effects. Weld County has a tendency to approve anything a property owner decides to do with their property, no matter the effects on others in the area. I cannot enclose the dismay and anger of the people in Mad Russian Subdivision who have been lied to and blindsided by this company, but I hope you can try to put yourselves in our place. I was born and raised in Colorado and remember a time when the lives and well being of the citizens were more valued than money. I sincerely hope that is still true. Sincerely, Sheila P Grotzky Kenneth L. Grotzky 4114/car” 115 Birdie Dr, Milliken, CO 80543 970-587-6408 March 26, 2022 Division of Reclamation, Mining and Safety 1313 Sherman Street Room 215 Denver, CO 80203 Dear Sir or Madam, I am writing to strongly urge you to not approve the proposed Dunn Pit Mine (DPM) on the edge of the town of Milliken.Placing a gravel mine only a few hundred feet from a neighborhood will likely have huge health consequences to the residents. Property values and tax revenues will be adversely affected. The significant added congestion of already crowded local roads will only add to air pollution already made worse by the dust from the mine and damage the roads. Loveland Ready -Mix Concrete(LRM) has not been an honest actor in its dealings with the surrounding towns and residents. The location of this proposed mine is only a few hundred feet west from residential dwellings in the Mad Russian neighborhood which is only separated by a golf course. As has been well studied gravel mines produce crystalline silica (CS), which is a known carcinogen. CS enters the lungs and cannot be expelled by the body. Health effects of CS can range from Silicosis, lung cancer, tuberculosis and increased lung irritation. With dust storms already a common occurrence in Mad Russian, being down wind form the proposed LRM mine would obviously be a health hazard for everyone living in the neighborhood and likely for the entire town of Milliken of which the Mad Russian lies on the northern tip of the town. As much as the wind blows out of the west, there is no realistic amount of water that would make the dust levels safe at all times for residents near by. From the figures that we received from LRM at a meeting on the matter several months back, there will be 64 truckloads a day, three times every week. On just the initial sight, over 10 years, this would equate to almost 100,000 truckloads, adding additional pollution to the air and destroying the local roads. Diminished property values will lead to lower tax revenues for local governments to pay for paving and repairing the roads. As mentioned in the previous paragraph, property values are likely to be adversely affected by the existence of DPM. Open pit mines do not tend to be positive aspects of scenery such as a golf course or views of the mountains would be, and with their existence do tend to lower the value of nearby real estate. Toxic clouds of dust loaded with CS being dispersed over an entire town would not help real estate values either if everyone if getting sick. If real estate values go down so does tax revenue to local governments that have to pay for the roads. Of great concern to my neighbors and myself is the total lack of transparency that has been shown by LRM, We were told in the September meeting that they would notify us of the permitting process and let us know when we could submit comment. To my knowledge neither my neighbors nor myself have gotten any notification of anything and the decision date is only a few days away from the date of this letter. It seems as this is dishonest and it is an effort by LRM to ram this through. As secretive as LRM has been it raises many red flags. With all of the adverse health and financial concerns the only logical choice is to not permit the DPM. With the high price of real estate now it would seem that it would be in the best interest of all parties involved for LRM to sell the land and move away from town were they could still mine and not affect the health and lives of Milli ken's residents. Thank you for your time Sincerely, Morgan Grotzky 115 Birdie Dr. Milliken,CO attrair 6/15/21 Loveland Ready Mix Loveland, CO Dear Stephanie, This document is to serve as notification that we, the landowners of the Mad Russian Subdivision, are banding together to stop any further development of your Milliken gravel pit proposal. While we deeply appreciate your visit to our neighborhood and your openness about your plans, we will put together our resources to stop the plan. We have done some research about gravel pits. One of the more alarming aspects is from the American Lung Association. It is titled Health effects for the population living near a cement plant: Understanding S'rlicosis. No matter the amount of water you use to keep the loose dirt under control, the first part of your dig will be done with no ability to stop the particles from travelling to our home residences. Also, any stored dirt or topsoil will be prone to travel due to the wind. From the figures we received from you, we would experience: 64 truckloads per day, 3 days per week, for 52 weeks a year, for ten years. 64 x 3 x 52 x 10 = 99,840 truckloads. Multiply that by approximately the same amount on the south side of the Big Thompson River: 99,840 x 2 = 199,680 truckloads. There is no way that this will create any benefit to the landowners of the Mad Russian subdivision. The &gnatures below represent the names of homeowners: Printed ° Signature • C.) Cer Printed 6/15/21 Loveland Ready Mix Loveland, CO Dear Stephanie, This document is to serve as notification that we, the landowners of the Mad Russian Subdivision, are banding together to stop any further development of your M#IIiken gravel pit proposal. While we deeply appreciate your visa to our neighborhood and your openness about your flans, we will put together our resources to stop the plan. We have done some research about gravel pits. One of the more alarming aspects is from the American Lung Association. It is titled Health effects for the population living near a cement plant Understanding Silicosis. No mailer the amount of water you use to keep the loose dirt under control, the first part of your dig will be done with no ability to stop the particles from travelling to our home residences. Also, any stored dirt or topsoilwih be prone to trovel due to the wind. From the figures we received from you, we would experience: 64 truckloads perday, 3 days perweek, for 52 weeks a year, for ten years. 64 x 3 x 52 x 10 = 99,840 truckloads. Multiply that by approximately the same amount on the south side of the Big Thompson River: 99,840 x 2 = 199,680 truckloads. There is no way that this Will create any benefit to the landowners of the Mad Russian subdivision. The sigr�,atures below repre the names of homeowne Signature 6/15/21 Loveland Ready Mix Loveland, CO Dear Stephanie, ‘v This document is to serve as notification that we, the landowners of the Mad Russian Subdivision, are handing together to stop any further development of your Milliken gravel pit proposal. While we deeply appreciate your visa to our neighborhood and your openness about your plans, we will puttogetherourresourcesto stop the plan. We have done some research about gravel pits. One of the more alarming aspects is from the American Lung Association. It is tilled Health effects for the population diving Ceara cement plant: Understanding Silicosis. No matter the amount of water you use to keep the loose dirt under control, the first part of your dig will be done with no ability to stop the particles from travelling to our home residences. Also, any stored dirt or topsoil will be prone to travel due to the wind. rjl From the figures we received from you, we would experience: 64 truckloads per day, 3 days per week, for 52 weeks a year, for ten years. 64 x 3 x 52 x 10 = 99,840 truckloads. MulUply that by approximately the same amount on the south side of the Big Thompson Rivet: 99,840 x 2 = 199,680 truckloads. There is no way that this will create any benefit to the landowners of the Mad Russian subdivision. The signatures below represent the names of homeowners: Printed Signature ,q77 Biftervis De: 6/15/21 Loveland Ready Mx Loveland, CO Dear Stephanie, This document is to serve as notification that we, the landowners of the Mad Russian Subdivision, are banding togetherto stop any furtherdevefopmentof your Milliken gravel pit proposal. While we deeply appreciate your visit to our neighborhood and your openness about your plans, we wilt puttogether our resources to stop the plan. We have done some research about gravel pits. One of the more alarming aspects is from the American Lung Association. It is titled Health effects for the populafion living near acement plant Understanding Silicosis. No matter the amount of water you use to keep the loose dirt under control, the first partof your dig will be done with no ability to stop the particles from travelling to our home residences. Also, any stored dirt or topsoil will be prone to Crave! due to the wind. From the figures we received from you, we would experience: 64 truckloads per day, 3 days per week, for 52 weeks a year, for ten years. 64 x 3 x 52 x 10 = 89,840 truckloads. Multiply that by approximately the same amount on the south side of the Big Thompson River: 99,840 x 2 = 199,680 truckloads. There is no way that this will create any benefit to the landowners of the Mad Russian subdivision. The signatures below represent the names of homeowners: 4,1; c. itia Printed Si r na p4vieccr7AO S'z y 97?? 6/15121 Loveland Ready Mix Loveland, CO Dear Stephanie, This document is to serve as notification that we, the landowners of the Mad Russian Subdivision, are banding togetherto stop any furtherdevelopmentof your Milliken gravel pit proposal. While we deeply appreciate your visit to our neighborhood and your openness about your plans, we will puttogetherour resources to stop the plan. We have done some research about gravel pits. One of the more alarming aspects is from the American Lung Associalion. It is titled Health effects for the population living rear a cement plant: Understanding Silicosis. No matter the amount of water you use to keep the loose dirt under control, the first part of your dig will be done with no ability to stop the particles from travelling to our home residences. Also, any stored dirt or topsoil will be prone to travel due to the wind. From the figures we received from you, we would experience: 64 truckloads per day, 3 days per week, for 52 weeks a year, for ten years. 64 x 3 x 52 x 10 = 991840truck1oads. Multiply that by approximately the same amount on the south side of the Big Thompson River: 99,840 x 2 = 199,680 truckloads. There is no way that this will create any benelitto the landowners of the Mad Russian subdivision. The signatures below represent the names of homeowners: 1aik mQ5 fit ... Printed Signature 9G 1 8088y 6115121 Loveland Ready Mix Loveland, CO Dear Stephanie, This document is to serve as notification that we, the landowners of the Mad Russian Subdivision, are banding togetherto stop any furtherdevelopmentof your Milliken gravel pit proposal. White we deeply appreciate your visto our neighborhood andyouropenness about your plans, we will puttogetherourresources to stop the plan. We have done some research about gravel pits. One of the more alarming aspects is from the American Lung Association. It is tilled Health emits for the population living near a cement plant: Understanding Silicosis. No matter the amount of water you use to keep the loose dirt under control, the first part of your dig will be done with no ability to stop the partctes from travelling to our home residences. Also, any stored dirt or topsoil will be prone to travel due to the wind. From the figures we received from you, we would experience: 64 truckloads per day, 3 days per week, for 52 weeks a year, for ten years. 64 x 3 x 52 x 10 = 99,840 truckloads. Multiply that by approximately the same amount on the south side of the Big Thompson River: 99,840 x 2 = 199,680 truckloads. There is no way that this wilt create any benefitto the landowners of the Mad Russian subdivision. The signatures below represent the names of homeowners: Printed / - / igna ure ,2-7/71 0 6/15/21 Loveland Ready Mix Loveland, CO Dear Stephanie, This document is to serve as notification that we, the landowners of the Mad Russian SubdMsion, are banding together to stop any further development of your Milliken gravel pit proposal. White we deeply appreciate your visft to our neighborhood and your openness about your plans, we will puttogetherourresources to stop the plan. We have done some research about grave! pits. One of the more alarming aspects is from the American Lung Association. it is titled Health effects for the population living nears cement plant: Understanding Silicosis. No matter the amount of water you use to keep the loose dirt under control, the first partof yourdig will be donewith no ability to stop the particles from travelling to our home residences. Also, any stored dirt or topsoil will be prone to travel due to the wind. From the figures we received from you, we would experience: 64 truckloads per day, 3 days per week, for 52 weeks a year, for ten years. 64 x 3 x 52 x 10 = 99,840 truckloads. MulUply that by approximately the same amount on the south side of the Big Thompson River: 99,840 x 2 =199,680 truckloads. There is no way that this will create any benefitto the landowners of the Mad Russian subdivision . The signatures below represent the names of homeown 5:0 t1/4 G S Printed Si f' atu re � 3 2 2 3Poz0/Cpize 6115/21 Loveland Ready Mix Loveland, CO Dear Stephanie, This document is to serve as notification that we, the landowners of the Mad Russian Subdivision, are banding togetherto stop any further development of your Milliken grave{ pit proposal. While we deeply appreciate your visit to our neighborhood and your openness about your plans, we will put together our resources to stop the plan. We have done some research about gravel pits. One of the more alarming aspects is from the American Lung Associaon. It is titled Health effects for the populafion diving nears cement plant: Understandina Silicosis. No matter the amount of water you use to keep the loose dirt under control, the first part of your dig will be done with no ability to stop the particles from travailing to our home residences. Also, any stored dirt or topsoil will be prone to travel due to the wind. From the figures we received from you, we would experience: 64 truckloads per day, 3 days perweek, for 52 weeks a year, for ten years. 64 x 3 x 52 x 10 = 99,840 truckloads. Multiply that by approximately the same amount on the south side of the Big Thompson River: 99,840 x 2 = 199,680 truckloads. There is no way that this will create any benefit to the landowners of the Mad Russian subdivision. The signatures below represent the names of homeowners: Printed Signature c2o/v dieeiwc pg 6!15121 Loveland Ready Mix Loveland, CO DearStephanie, This document is to serve as notification that we, the landowners of the Mad Russian Subdivision, are banding togetherto stop any furtherdevelopmentof your Milliken gravel pit proposal White we deeply appreciate your visa to our neighborhood and your openness about your plans, we will puttogetherourresources to stop the plan. We have done some research aboutgravel pits. One of the more alarming aspects is from the American Lung Association. It is titled Health effects for the populafion living near a cement plant: Understanding Silicosis. No matter the amount of water you use to keep the loose dirt under control, the first part of your dig will be done with no ability to stop the particles from travelling to our home residences. Also, any stored dirt or topsoil will be prone to travel due to the wind. From the figures we received from you, we would experience: 64 truckloads per day, 3 days per week, for 52 weeks a year, for ten years. 64 x 3 x 52 x 10 = 99,840 truckloads. Mulfiply that by approximately the same amount on the south side of the Big Thompson River: 99,840 x 2 = 199,680 truckloads. There is no way that this will create any benefitto the landowners of the Mad Russian subdivision, The signatures below represent the names of homeowners: gCse Pnnted \441:fi Signature .247z 8. tRt 6115121 Loveland Ready Mix Loveland, CO Dear Stephanie, This document is to serve as nottfcation that we, the landowners of the Mad Russian Subdivision, are banding togetherto stop any further development of your Milliken gravel pit proposal. While we deeply appreciate yourvisftto our neighborhood and your openness about your plans, we will puttogetherourresourcesto stop the plan. We have done some research about gravel pits. One of the more alarming aspects is from the American Lung Association, It is titled Health effects for the population living nears cement plant: Understanding Silicosis. No matter the amount of water you use to keep the loose dirt undercontrol, the first part of your dig will be done with no ability to stop the particles from travelling to our home residences. Also, any stored dirt or topsoil will be prone to travel due to the wind. From the figures we received from you, we would experience: 64 truckloads per day, 3 days per week, for 52 weeks a year, for ten years. 64 x 3 x 52 x 10 = 99,840 truckloads. Multiply that by approximately the same amount on the south side of the Big Thompson Raver; 99,840 x 2 = 199,680 truckloads. There is no way that this will create any benefitto the landowners of the Mad Russian subdivision. The si natures below represent the names of homeowners: fer.%g • RAcj_arr Printed gil<cii:k, Dr npased co F0,443 Signatur 6175/21 Loveland Ready Mix Loveland, CO Dear Stephanie, This document is to serve as notification that we, the landowners of the Mad Russian Subdivision, are banding together to stop any further development of your Milliken gravel pit proposal. While we deeply appreciate your visit to our neighborhood and your openness about your plans, we will puttogetherourresources to stop the plan. We have done some research about gravel pits. One of the more alarming aspects is from the American Lung Associafion. It is titled Health effects for the population living nears cement plant Understanding SUicosis1 No mailer the amount ofwateryou use to keep the loose dirt under control, the first part of your dig wilt be done with no ability to stop the particles from travelling to our home residences. Also, any stored dirt or topsoitwifl be prone to travel due to the wind. From the figures we received from you, we would experience: 64 truckloads perday, 3 days perweek, for 52 weeks a year, for ten years. 64 x 3 x 52 x 10 = 9984Otruckloads. Multiply that by approximately the same amount on the south side of the Big Thompson River: 99,840 x 2 =199,680 truckloads. There is no way that this will create any benefitto the landowners of the Mad Russian subdivision. The signatures below represent the names of homeowners: Rtery C • k\F-‘[. Printed Signature /1z/ g. DRi ✓C DR )tEO S 1&A/fr rMtc&5 5m14 oh 1 G etc -se y nift dl r 4ejlintkCer frtjkv' _ Mik 1\0 Jo�u,�� LVLaCE______R SWOP �orcc�a L 4- mid+t, r sr_ l amesprarasSiltaga Name Printed ami1/4) ci, vt \Sr I4ccLpi h leNmm Lacet otthrvan kik 'eirh tsziak4t vanirc ite_Emenceh TQrrah P,c+nten,h sts*Livril_me 30,s,6124116,A0St� ti 1 �-=J. � I �v - t isd.) /1/4) I err Signature 46 4, 6115121 Loveland Ready Mix Loveland, CO Dear Stephanie, This document is to serve as notification that we, the landowners of the Mad Russian Subdivision, are banding together to stop any further development of your Milliken gravel pit proposal. While we deeply appreciate your visit to our neighborhood and your openness about your plans, we will put together our resources to stop the plan. We have done some research about gravel pits. One of the more alarming aspects is from the American Lung Association, it is titled Health effects for the population living near a cement plant: Understanding Silicosis. No matter the amount of water you use to keep the loose dirt under control, the first part of your dig will be done with no ability to stop the particles from travelling to our home residences. Also, any stored dirt or topsail will be prone to travel due to the wind. From the figures we received from you, we would experience: 64 truckloads per day, 3 days per week, for 52 weeks a year, for ten years. 64 x 3 x 52 x 10 = 99,840 truckloads. Multiply that by approximately the same amount on the south side of the Big Thompson River: 99,840 x 2 = 199,680 truckloads. There is no way that this will create any benefit to the landowners of the Mad Russian subdivision. The signatures below represent the names of homeowners: —nth( Printed Ci-LK_li- e NAkip-At,z_90-A, Signature 64 x 3 x 52 x 10 = 99,840 truckloads. Multiply that by approximately the same amount on the south side of the Big Thompson River: 99,840 x 2 =199,680 truckloads. There is noway that this will create any benefit to the landowners of the Mad Russian subdivision. The signatures below represent the names of homeowners: OG66 Printed ;act p 4e -es Signature 64 x 3 x 52 x 10 = 99,840 truckloads. Multiply that by approximately the same amount on the south side of the Big Thompson River: 99,840 x 2 =199,680 truckloads. There is noway that this will create any benefit to the landowners of the Mad Russian subdivision. The signatures below represent the names of homeowners: Printed Signature Multiply that by approximately the same amount on the south side of. the Big Thompson River: 99,840 x 2 = 199,680 truckloads. There is no way that this will create any benefit to the landowners of the Mad Russian subdivision. The signatures below represent the names of homeowners: • . Y Printed I v�, LACE, Or r 1qILisFi kdl a.e 1yas!4 —webs,'-lr_sr Mj/cc Mak otedpa.„ Signature , •® • 1 t roc z. V t ne., 'I ye iCaL csece-me..„ S SINN it:1'N 4-511.0.‘ 139 IbtrattNe sabaso u I. 6J• 6!15/21 Loveland Ready Mix Loveland, CO Dear Stephanie, This document is to serve as notification that we, the landowners of the Mad Russian Subdivision, are banding together to stop any further development of your Milliken gravel pit proposal. While we deeply appreciate your visit to our neighborhood and your openness about your plans, we will puttogetherour resources to stop the plan. We have done some research about gravel pits. one of the more alarming aspects is from the American Lung Association. It is titled Health effects for the population living near a cement plant: Understanding Silicosis. No matter the amount of water you use to keep the loose dirt under control, the first partof your dig will be don e with no ability to stop the particles from travelling to our home residences. Also, any stored dirt or topsoil wilt be prone to travel due to the wind. From the figures we received from you, we would experience: 64 truckloads per day, 3 days per week, for 52 weeks a year, for ten years. 64 x 3 x 52 x 10 = 99,840 truckloads. Mulfiply that by approximately the same amount on the south side of the Big Thompson River: 99,840 x 2 = 199,680 truckloads. There is no way that this will create any benefit to the landowners of the Mad Russian subdivision. The signatures below represent the names of homeowners: Teresa Miller' Printed Signature 714/21 Loveland Ready Mix Loveland, CO Dear Stephanie, This document is to serve as notification that we, the landowners of the Mad Russian Subdivision, are banding together to stop any further development of your Milliken gravel pit proposal. While we deeply appreciate your visit to our neighborhood and your openness about your plans, we will put together our resources to stop the plan. We have done some research about gravel pits. No matter the amount of water you use to keep the loose dirt under control, the first part of your dig will be done with no ability to stop the particles from travelling to our home residences. Also, any stored dirt or topsoil will be prone to travel due to the wind. From the figures we received from you, we would experience: 64 truckloads per day, 3 days per week, for 52 weeks a year, for ten years. 64 x 3 x 52 x 10 = 99,840 truckloads. Multiply that by approximately the same amount on the south side of the Big Thompson River: 99,840 x 2 = 199,680 truckloads. There is no way that this will create any benefit to the landowners of the Mad Russian subdivision. The attached signatures represent the names of • ov -ow •rs £iSSi/wLVetTWLWkMS Printed re Vvs-L Printed v '- Signature 4 Printed cic Printed Moaiie Siya Signature digh Sig na 'ire Printed Jo5eP s! Thz4 Printed er-e Day\ �Glein5o)-1 Printed 707 yedvt.n, Printed :Oetta..) 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Printed evi a loS 1s2t. e ede Printed Lon'i a,k10 er Printed Sn cJLTAAQLZ SiOnature nreati f it .lam Signature Printed L -01/4-P Vhdi Signature 4714-:05,A t.14 Printed .Joy, Warflosi, Printed f Printed .-ood tog1/415o,n Printed Sign Si ure Signature nth /vie Lz(166/4 Printe � Si�sriure � (1 Printe ierravus Printed d art( Printed 0 ficr n' e get r Printed [C- Pri9,ted heW vp-u1-4- Printed Printed Printed 44,Ne((\aCeiR\QceC➢S Printed ale/ ithdf,% Printed a ure Signature ien--•1<" Signature Signature Printed Signature Signature Signature P Printed cod 14#M. _ Printed Pri 1 arnrn, -VC\ 9.3)35- ckt ed dta, f\iN Printed ve- Printed P rated C Anceige r_ Printed 44.,:sct Printed Jeer "c4**6.....0 Printed icinif /Leer _ Men- Licetason ___ OLD' GO triag Printed \p4�F,�li geobmitiSo� Printed V, Printed Printed Signature Signature Sign Signature Signature Signat e Signature kastasess „ika, cd, totpit,/ Signaitire Atipui Grp-i. Printed Signature .5t4,44et-L.44 Signature Hiev e Printed Printed Mn/ Painted MickAtIce 0,e4oisiH, Printed P rfJcIh no CORoNCt Printed Votaileaebsasit Printed CosA „it Printed Printed C 40- She rat W6 Ake Printed Prbild Printed 7s)c) 1%%4 (44 O 1 1## 2-k Printed 1/20. Printed SON) Li, Signa Signature Signa re Ic Signatu or 4'44 Si! nature "Th uiv) Lete Signature Signature Signature sieLL(2.0 fxcanna rv1evLLd Printed Printed .e 0.1 Sokriona 41/41 etiatil4 Printed • /PLC Printed u-2 Scott 4-t w t \ it..s Printed ,qt_uS Signature Signature Printed Signature Printed Signature Painted Signature Printed Signature Printed Signature Printed Signature Printed Signature Printed Signature Printed Printed Printed )lah4ors ow Gower to; oeitoo a( Velt -a/ZSigtirature / fileraf Printed �t�mm� MkeoClu.r Printed Printed Signature Signature Signature Printed Signature Printed Signature Printed Signature Printed Signature Printed Signature Printed a _ Signature Printed a Signature Printed Signature ADVERTISEMENT mss:/1a pne'11'r .o'm/article/envi; I Click to copy Related topics • Environment • Mountains • Utah • Trees Cherry farmers pitted against gravel quarries over dust By Brian MafflyOctober 11, 2020 I of t ho:p er,truck rolls dp n_.l. 2000 South% between acres of tart cherry orchards% heading towards the Staker parson Keigley Quarry in Payson. Utah. Residents __and fruit growers lvin and working in close roximitv to multiple sand and gravel quarries on West Mountain are concerned about th it air quality and fruit production in this bucolic area near Payson. (Leah Hogst niThe £41t14ke1r1bune_ is AP) PAY ON, Utah (AP) Ryan Rowley's orchards occupy a special piece of Utah where elevation, soils and topography collude to create an ideal environment for growing fruit, especially the tart cherries that have long been associated with the family name. But trouble lurks over this high -desert Eden, which also supplies Utah builders with a mineral bounty needed for construction. "You think you would be on a nice country road, but there are trucks and nonstop traffic," Rowley says over the roar of passing gravel haulers on a recent morning as he inspects his orchards near busy quarries on the southern tip of West Mountain. "You can see the dust on the leaves. The trees look sickly. It cuts down on photosynthesis, the absorption of sun the trees are able to capture." ADVERTISEMENT Rowley rubs a thumb across leaves on a recently harvested cherry tree to highlight the damage from mites that proliferate in dusty conditions. Some trees have already shed half their leaves - and it's barely October. "The leaves are falling a month early. When it does rain, it won't capture as much moisture," he says as he shakes the branch, releasing a cloud of dust as if he were airing out a filthy carpet. "We were wearing masks way before it was cool." The dust is a testament to a mounting conflict in this still -bucolic corner of ever -sprawling Utah County where sand and gravel quarries extract aggregates to feed a boom in real estate development and road building, pitting important Utah industries against one another. While the farmers complain the state is favoring the construction industry, quarry operators say they are heavily regulated by multiple agencies and their impacts are "minimal." "We have limited access to these materials to support the growing economy of Utah, so there is a lot of debate over how do we go forward. Those issues are in so many places in the state. A lot of it is driven by demand," Stewart Lamb, director of business development with the Kilgore Cos., said a recent hearing over an expansion of its Benjamin quarry. "If there was no growth in Utah County, there wouldn't be seven or eight mines on West Mountain. How we go forward as a state? There is some really difficult discussions going on and some sincere attempts to make it so we can be sustainable as an industry." A few miles north of Rowley's s orchards, Benjamin residents are fighting Kilgore's ore' s expansion, arguing increased truck traffic and fugitive dust emissions are disrupting their lives and threatening their health. ADVERTISEMENT EMENT "There is nothing that addresses cumulative effects, when is it too many mines?" asks Benjamin resident Julie Sainsbury, She alleges the pit's dust emissions are unacceptable, made worse by trucks that trail dust even when they are empty, Seven quarries, covering about 600 acres, operate on west Mountain. Rowl ey' s orchards are near the entrances to the Keigley ey Quarry operated by Staker Parson and another called the Cherry Pit. That the latter quarry's name riffs on the Rowley clan's singular product is a source of annoyance for Ryan Rowley, who fears the fugitive dust from the pits and passing trucks could doom cherry growing there, "There's some mornings that you can see dust coming off this hillside and filling this valley below us," Rowley says. "Sometimes, as I'm out changing water before the sun comes up, there's lines of trucks waiting to get up into that pit. They're overloaded. Their fender flares are covered in gravel. That's s (what leads to) all the broken windshields we get. They're covered in dirt, They're not covering their loads, not washing off their trucks. And they string dirt clear down these roads, It turns into dust, and then it's going up in the air, landing on our trees." while fruit growers and residents acknowledge Utah needs these materials, they complain that the gravel operations are unnecessarily jeopardizing an important agricultural industry and their peaceful quality of life. They contend the quarries and their haulers refuse to take steps that would reduce their impacts and dust levels are inadequately monitored. The Salt Lake Tribune invited comment from officials at Staker Parson and Kilgore, the operators of the two major pits highlighted in this story, but neither supplied a response. West Mountain quarries produce sand, gravel, crushed stone and other low -value materials used in construction and the making of concrete and asphalt. Some of this material is processed on - site, resulting in additional industrial emissions. Across the state, nearly 300 quarries produce between 40 million and 50 million tons of aggregates a year, according to the Utah Geological Survey. The haul in 2018 was worth $286 million, or about $7 a ton. Because such vast amounts are needed in construction jobs, it is necessary to source sand and gravel close to where it is used to keep down costs, according to Andrew Rupke, an industrial minerals geologist with the survey. In many cases, that means siting quarries near where people live and farm. "Economically, you can't ship it as far," Rupke says. "They generally have to be closer to where they are used. This is happening in urban areas everywhere. As urbanization occurs, those aggregate operations move farther of i el d, but they cost more. There is a real tension over how we do this and do it right" Still, west Mountain growersargue, aggregate producers can tap suitable sand and gravel deposits elsewhere; good luck, they say, finding other places in Utah where tart cherries can be grown economically. "They say they can't go out anywhere else to get it. To that I say BS. They want to go only three minutes off the freeway. Well, I cannot grow fruit in Nephi (about 25 miles to the south). It's too cold," says Genola fruit grower Cheryl Fowers. "You can do what you want on your property, but if you do something that harms your neighbor, you had better knock it off. It's in their own handbook. We have big issues and they want to keep expanding and expanding." Aggregates come in two major forms: Sand and gravel are extracted from unconsolidated deposits that are screened and sorted into various grain sizes. Crushed stone is blasted and pulverized from bedrock, usually dolomite and limestone. West Mountain yields both types. The tensions at West Mountain are hardly unique. Up and down the Wasatch Front, most visibly at the Geneva Rock quarry at Point of the Mountain, gravel operations are stirring up oppositions from neighbors concerned about dust, noise and truck traffic. State law limits the opacity of quarries' dust plumes to 20%, or 10% off -site, but this standard is difficult to enforce and some critics call it "absurd." "It's about as unscientific as anything you could apply to this situation," says Brian Moench, president of Utah Physicians for a Healthy Environment. "The whole thing is slanted toward allowing these operators to do whatever they want." To reduce dust emissions, his group urges operators to use natural gas -powered trucks instead of diesel, to cover their loads, to clean trucks between trips, and to relocate mines to less windy and populous sites. Sand and gravel deposits can be found along 2,000 miles of Lake Bonneville's ancient shorelines rimming the valleys of northern Utah, says John Macfarlane, a neurosurgeon on Moench's board. "If you go over a valley or two to the west, you can (mine) with much less effect because there is no local population," Macfarlane says. "If they go a little farther away, they can still make their money, just not as much." The physicians group insists the Utah Department of Environmental Quality should do more to track dust emissions, conduct more frequent quarry inspections, and establish a hotline for residents to report dust incidents, In addition to visual impacts, the crystalline silica released when rock is pulverized poses a serious threat to human health when inhaled. Macfarlane says these sharply fractured particles can damage lung tissue and cause cancer. All the quarries are required to submit a fugitive dust mitigation plan with DEQ, which conducts annual inspections and responds to complaints, according to agency spokesman Jared Mendenhall. Benjamin's plight Most of West Mountain's quarries are clustered on its southern tip near Payson. On the mountain's east slope to the north, Kilgore Cos. operates the newer Benjamin Pit, now steeped in controversy over its approved expansion from 44 to 97 acres. Kilgore opened the pit in 2011 to secure materials for reconstructing Interstate 15 through Utah County. Residents were led to believe the pit and its related asphalt plant were temporary, according to Benjamin resident Debi Brozovich, who helped start a grassroots group with Sainsbury called South Utah County Community Voice. In 2016, Kilgore sought and eventually won approval from the Utah Division of Oil, Gas and Mining and the federal Bureau of Land Management to expand onto adjacent public land. Under pressure from area growers, the Utah County Commission then changed the zoning to confine mines to their existing footprints, but that ordinance does not apply to federal land, which predominates West Mountain. The grassroots group contested the Kilgore expansion before the Board of Oil, Gas and Mining, but that industry -centric panel rejected the challenge on procedural grounds last month, enabling Kilgore to move forward, "We have become saturated with mining activity, and it is negatively impacting our community," Sainsbury said at a recent hearing refereed by DOOM Director John Baza. She showed pictures of the quarry releasing dense dust clouds in apparent violation of opacity standards. "Having a dust -mitigation plan and implementing a plan are two different matters," she said. {`There is inadequate dust suppression going on." while conceding they could do more to monitor emissions, Kilgore officials said the quarry is meeting DE(Is s environmental safeguards. "We follow and are in compliance with the permits we have," Kilgore's lawyer Graden Jackson said at the hearing. "We pledge to you we will continue to be in compliance. We are a large operation. We have no desire to be out of compliance. We live in these communities we serve." Those assertions mean little to growers and residents who say dust is coating their orchards and neighborhoods and that haulers operate unsafely without consequence. Gravelquarries could take steps to better control and monitor dust emissions, but operators opt not to, and no agencies are requiring such measures, says Kylara Papenfuss, a field adviser for a fruit -growing cooperative, "They can treat the loads to keep the dust down. They can put up sensors," she says, "We have examples where they automatically report dust levels and if they are not within the permit, they can get fined. " While many in Benjamin are unhappy with the mining, some residents of nearby cities support the Kilgore expansion. "As Utah County continues to grow, having ready access to building materials is crucial to keeping costs manageable," Woodland Hills resident Debra Dimmick ck writes in an email to DOGM. "The pit provides good jobs for residents of the county and has been a good neighbor to the surrounding area." West Mountain is not only a rich and convenient source of aggregates for Wasatch Front builders; it is also the geographic feature, rising above Utah Lake's southeast shore, that creates a microclimate ideal for fruit production, resulting in a bounty of apples, peaches and, most famously, tart Montmorency cherries, marketed as "Monties." Utah is the nation's second-largest producer of tart cherries after Michigan, and most of this harvest comes from Payson Fruit Growers, an eight -farm cherry -processing co-op to which Rowley and many of his cousins, uncles and aunts belong. These growers account for about 40 million pounds of cherries, most of which are dried, put into jams or juiced, then sold around the nation. "We're in a sloping valley, which protects us from frost. As the winds blow, it moves that cold air out of here. And you can't just pick any spot down in the valley and plop a cherry tree because they like to be warm, They can't be froze out," Rowley says. "These trees do like to go dormant. And so we need that snowpack in the winter. They need a break, So tart cherry trees love hot summers and cold winters, but not too cold." His great-grandparents were fruit farmers who came from England and established orchards in Utah. Don Rowley, Ryan's grandfather, and his brothers grew fruit in Orem until the 1950s, when the arrival of the Geneva Steel plant displaced orchards with subdivisions. So the Rowley growers established new orchards in Payson, where they discovered ideal fruit - growing conditions under West Mountain. Today, several of these growers' children and grandchildren are still in the fruit business here and hope to remain. "This is more valuable to me than a stack of town homes and cookie -cutter houses," says Ryan Rowley, gazing over the orchards fanning out from the mountain. "This is a livelihood. This is food on the table. This is the opportunity for us to give back to the community as well as to hire kids and schoolteachers during the summer to help us harvest." The orchards' survival is under pressure by foreign competition, food -safety regulations, drought, and now gravel quarries and dust emissions pushing up costs and reducing yields, "It's just a madhouse around here. I just want to see them have some regulation and follow (the rules) that keep everybody safe," Rowley says. "I understand that we need the dirt and the rocks and the gravel to grow, but as we lose this green space around here, we're never going to get it back. And the quality of life around here is going to go down." Ryan's 160 -acre operation, called Rowley's ey' s Fruit Farms, yields about I million pounds a year and supports three families. "This has been the most blessed way to live ever, to work the land, be out here. I love my office," he says. "I want to be able to pay that forward to my kids and their future generations. Utah County needs to decide whether or not this industry is important to them. I feel like we've been overlooked. We haven't been heard." ADVERTISEMENT ADVERTISEMENT Home News/Politics Opinion/Letters Arts Education/Health Business Essays/Poetry EDUCATION/HEALTH OPINION/LETTERS LETTER: Physician Warns of Adverse Health Effects of Proposed Gravel Pit BY SPECIAL TO THE POST • APRIL 10, 2017 Editor: As a physician and resident Living near the proposed ACA gravel pit at 14110 CR 140, I am writing to express concern for the health effectts that it will have on Chaffee County residents who wilt breathe the dust and diesel exhaust from this operation. Dust from surface mining operations produces airborne pollution including crystalline silica that can cause lung cancer, silicosis, COPD, kidney and autoimmune diseases; increase susceptibility to infections like TB; and increase hospitalizations for heart disease. The dust from gravel mining may also contain toxins such as heavy metals and radon, both of which cause cancer. Dust and toxins can travel hundreds of mites, but the proximity to existing and future Chaffee County residents make the proposed gravel pit site an unacceptable health hazard. Fugitive particulate emissions, air pollutant emissions, and visible emissions will be produced, and even if these emissions are within the allowable limits of state regulations, the potential health effects will not be eliminated. Dust landing on the property and homes of nearby residents will be stirred up during daily activities, thus magnifying the health consequences particularly for children and babies in utero. Because of greater physical activity, higher metabolic rates, and hand-to- mouth actions, young children will be more exposed than adults via both inhalation and ingestion. Exposure of pregnant women living nearby will extend the health consequences to more than one generation because of the damage that increased O► News/Politics Wr Opinion/Letters Outdoors/Recreation Video pollution and diesel exhaust can do to chromosomes and fetal development. Toxic dust generated by pit operations would continue for years, but the health consequences can last much Longer. Diesel emissions from trucks and equipment will add to the health hazard. Diesel exhaust is a carcinogen and is more toxic than gasoline vehicle exhaust. Long term exposure to even low levels of diesel exhaust raises the risk of dying from lung cancer about 50% for residents who live near industrial operations, and about 300% for the workers. Based on the scientific evidence and proven health effects of pollutants produced by gravel pit mining,1 consider this proposal to be entirely incompatible with what should be Chaffee County officials' first priority - protection of public health, families, children, and pregnant mothers living near this proposed pit and in nearby Poncha Springs and Salida. I appeal to all area residents to attend the upcoming Planning Commission public hearing on April 25th at 6 pm and the Board of Commissioners public hearing to be held ay 9th at 9 am, both scheduled at the County Building in Salida, and urge our county leaders to reject the proposal. The fate of this proposed gravel pit may be decided at those meetings. For more information or to sign a petition opposing this gravel pit, please send an email to DontcrushSalidagmailecom. Thomas E. Syzek, MD, FACEP Salida, Colorado ite Special to the Post The Salida Daily Post welcomes submissions from the community. Send Press Releases, Letters, News Tips to: editor@salidadailypost.com or call 719-581-9812 for more information. CATEGORIES PAST ARTICLES Select Category Home News/Politics Opinion/Letters Arts Education/Health Business Essays/Poetry V, Select Month COOL LINKS — PagosaDailyPost Salida Arts Council DAILY PPST Ail rights reserved Salida Daily Post : Salle Colorado Powered by S - Designed with the Hueman theme What is crystalline silica? Crystalline silica is a basic component of soil, sand, granite. and many other minerals. Quartz is the most comnmon form of crystalline silica. Cristobalite and tridymite are two other forms of crystalline silica. Ail three forms may become respirable size particles when workers chip, cut, drill, or grind objects that contain crystalline silica. What are the hazards of crystalline silica? Silica exposure remains a serious threat to nearly 2 million U.S. workers, including more than 100,000 workers in high risk jobs such as abrasive blasting. foundry, work, stonecutting, rock drilling. quarry work and tunneling. The seriousness of the health hazards associated nith silica exposure is demonstrated by the fatalities and disabling illnesses that continue to occur in sandblasters and rockdritlers. Crystalline silica has been classified as a human lung carcinogen. Additionatty, breathing crystalline silica dust can cause silicosis. which in severe cases can be disabling, or even fatal. 1 he respirable silica dust enters the lungs and causes the formation of scar tissue. thus reducing the lungs' ability to take in oxygen. There is no cure for silicosis. Since silicosis affects lung function. it makes one more susceptible to lung affections like tuberculosis. In addition. smoking causes lung damage and adds to the damage caused by breathing silica dust. What are the symptoms of silicosis? Silicosisis classified into three types: chronic ecla.ssic, accelerated. and acute: Chronic/classic silicosis, the most common. occurs after 15-20 years of moderate to low exposures to respirable crystalline silica. Symptoms associated with chronic silicosis may or may not be obi loos; therefore, workers need to have a chest x-ray to determine if there is lung damage. As the disease progresses, the worker may experience shortness of breath. upon exercising and hate clinical signs of poor oxygen/carbon dioxide exchange. In the later stages, the worker may experience fatigue.. extreme shortness of breath. chest pain, or respiratory failure. Accelerated silicosis can occur after 5 10 years of high exposures to respirable crystalline silica. Symptoms include severe shortness of breath, weakness. and weight loss. The onset of symptoms takes longer than in acute silicosis. Acute silicosis occurs after a few months or as long as 2 years following exposures to extremely high concentrations of respirable crystalline silica. Symptoms of acute silicosis include severe disabling shortness of breath. weakness, and weight loss, which often leads to death. Where are construction workers exposed to crystalline silica? Exposure occurs during many different construction activities. The most severe exposures generally occur during abrasive blasting with sand to remove paint and rust from bridges, tanks, concrete structures, and other surfaces. Other construction activities that may result in severe exposure include: jack hammering, rock "welt dulling, concrete mixing, concrete drilling, brick and concrete block cutting and sawing, tuck pointing, tunneling operations. Where are general industry employees exposed to crystalline silica dust? The most severe exposures to crystalline silica result from abrasive blasting, which is done to clean and smooth irregularities from molds. jewelry; and foundry castings, finish tombstones, etch or frost glass. or remove paint, oils, vast., or dirt form objects needing to he repainted or treated. Other exposures to silica dust occur in cement and brick manufacturing, asphalt pavement manufacturing, china and ceramic manufacturing and the tool and die, steel and foundry industries. Crystalline silica is used in manufacturing, household abrasives, adhesives, , paints, soaps, and glass. Additionally, crystalline silica exposures occur in the maintenance, repair and replacement of refractory brick furnace linings. In the maritime industry shipyard employees are exposed to silica primarily in abrasive blasting operations to remove paint and clean and prepare steel hulls, bulkheads, decks, and tanks for paints and coatings. How is OSHA addressing exposure to crystalline silica? OSHA has an established Permissible Exposure Limit. or PEL, which is the maximum amount of crystalline silica to which workers may be exposed during an 8 -hour work shift (29 Cr1? 1926.55, 1910.1000), i SIIA also requires hazard tebasagt r`a fia-4 \tie° communication training for workers exposed to crystalline silica, and requires a repirator protection program until engineering controls are implemented. Additionally. OSHA has a National Emphasis Program (NEP) for Crystalline Silica exposure to identify. reduce. and eliminate health hazards associated with occupational exposures. What can employers/employees do to protect against exposures to crystalline silica? ■ a a a Replace crystalline silica materials with safer substitutes. whenever- possible. Provide engineering or administrative controls. where feasible, such as local exhaust sentriatioti, and blasting cabinets. Where necessary to reduce exposures below the PEL. use protective equ.pment or other protect we measures. Use al ` mailable work practices to control dust exposures, such as water sprays. Wear only a N95 NIOSII certified respirator, if respirator protection is required. Do not alter the respirator. Do net %%ear a tight -fitting respirator 'with a beard or mustache that prevents a good seal bet ie en the respirator and the face. Wear only a Type CE abrasive -blast supplied -air respirator for abrasise blasting. Wear disposable or washable work clothe -s and shower if facilities are available. Vacuum m the dust from your clothes or change into clean clothing before leaving the work site. Participate in training. exposure monitoring, and health screening and surveillance programs to monitor any adverse health effects cased by crystalline silica exposures. Be aware ofthe operations and job tasks creating crystalline silica exposures in your workplace environment and know how to protect yourself, Be aware of the health batards related to exposures to crystalline sthca. Smoking adds to the lung damage caused by silica exposures. Do not eat. drink. smoke, or apply cosmetics in areas where crystalline silica dust is present. Wash your hands and face outside of dusty areas before performing an) of these activities. Remember. If it "s silica. it's not just dust. How can I get more information on safety and health? OSIIA has vanous publications, standards, technical assistance, and conmphance look to help you. wid otters extensive assistance through workplace consultation, voluntary protection programs, strategic, -partnerships, alliances, state plans, grants, training, and education. OS! IA's Safely and Health Program Management Guidelines (filderal Register 54:3904-3916. January 26, 1989) detail elements critical to the development of a :success"isl safely aad health management system. This and other in ibrmation are mailable on OSI website. ut For one five copy of OS IA publications, send a self-addressed mailing label to OSI IA Publications Office. 200 Constitution Avenue N.W. l `-3 101„ ashangton. DC 20210: or send a request to our fax at (202) 693 2498. or call us toll -free at (8 00) 321 OSI IA. • 1e order ()MIA publications online at www..osha.gov. go to Publications and follow the instnictions for ordering. ▪ `l6 :lie a complaint by phone, report an emergency. or get OSI IA advice, assistance. or products, contact your nearest OSHA office uiukr the U.S. Department of labor listing in your phone book, or call toll- free at (800) 321 OSHA HA (6742). The teletypewriter (Fro number is (8 77) 889 5627. • Jo file a complaint online or obtain more tntbrmation on OSIIA federal and state programs. %ISri OSIIA's website. This is one in a series of informational fact sheets highlighting OSHA programs, policies, or standards. It does not impose any new compliance requirements, For a comprehensive list of compliance requirement s of OSHA standards or re.eula lions, refer to Title ?9 of the Code of Fetal Regulations. This inionnat ion win be made available to sensory -impaired individuals upon request. The voice phone is (202)693- See also OS! IA's website at www.osha.gov, This is one in a series of informational fact sheet c lughltgtrtttk OSHA programpolicies,. or staitdards.11 does not ?appose .mot new donna imnce requirements For a comprehensive 1st of compliance r gquaenieir y of OSHA staiadartis or rvgnlhttons, refer to Tide 29 of the Code of Federal Regulations. This information be made available to sensory -unpaired individuals upon recline it. The voice phone is ( 202) 693-1999. See nose OSHA's web:Ate at +nwiay.osha.gov. SHA Occupational Itataty tad Haat#b Atlininisirstion tepellr^tne cF Lamar 2002 April 7, 2017 Open Letter to the Editor and Residents of Chaffee County RE: Adverse Health Effects of Proposed Gravel Pit, 14110 CR 140 Chaffee County As a physician and resident living near the proposed ACA gravel pit at 14110 CR 140, I am writing to express concern for the health effects that it will have on Chaffee County residents who will breathe the dust and diesel exhaust from this surface mining operation, Dust from mining operations is a serious health hazard, producing airborne particulate matter including crystalline silica. Breathing crystalline silica dust can cause lung cancer, silicosis, COPD, kidney and autoimrnune diseases. Studies show that silica presents a health danger not only to workers but also to residents exposed to silica dust. Exposed individuals are more susceptible to lung infections like tuberculosis, and even short term inhalation of the type of particles typical of gravel pit dust are associated with increased hospitalizations for heart disease. For the first time in 45 years, the Occupational Safety & Health Administration (OSHA) acknowledged recent scientific evidence showing that low-level exposures to silica causes serious health effects, and changed their rules of occupational exposure to protect workers. The fugitive dust from gravel pit mining may also contain toxins such as heavy metals and radionuclides such as radon, both of which cause cancer. The dust from a newly dug gravel pit is likely even more toxic than long-standing dust, because excavation produces "freshly fractured" silica particles, which are even more biologically damaging than "aged" particles. Particulate matter from mining operations can travel hundreds of miles, but the proximity to existing and future Chaffee County residents make the proposed gravel pit site an unacceptable health hazard. Fugitive particulate emissions, air pollutant emissions, and visible emissions will be produced, and even if these emissions are within the allowable limits of state regulations, the potential health effects will not be eliminated. Residentsnearby the proposed gravel pit may have greater exposure than will gravel pit employees because the dust that lands on their yards, driveways, and inside their homes will be re -suspended during their daily activity, rather than merely during the hours of gravel pit operations. For nearby children and babies in utero, the public health consequences will be greatly magnified. Because of greater physical activity, higher metabolic rates, and hand-to-mouth actions, young children will be more exposed than adults via both inhalation and ingestion. Exposure of any pregnant women living nearby will extend the public health consequences to more than one generation because of the damage that industrial pollution and increased diesel exhaust can do to chromosomes and fetal development. Toxic dust generated by pit operations would continue for years, but the health consequences can last much longer. Diesel emissions from trucks and other heavy equipment used at the pit will add to the health hazard. Diesel exhaust is a proven carcinogen and is more toxic than exhaust from gasoline vehicles. A recent landmark study, indicates that long term exposure to even low levels of diesel exhaust raises the risk of dying from lung cancer about 50% for residents who live near industrial operations, and about 300% for the workers. Based on the scientific evidence and proven health effects of pollutants produced by gravel pit mining, I consider the gravel pit proposal to be entirely incompatible with what should be Chaffee County officials' first priority — namely protection of public health, of families, of children, and of pregnant mothers living near this proposed pit and in nearby Poncha Springs and Salida. I appeal to all area residents to attend the upcoming Planning Commission meeting on April 25th at 6 pm and the Board of Commissioners meeting to be held May 9th at 9 am, both scheduled at the County Building in Salida, and urge our county leaders to reject the proposal. The fate of this proposed gravel pit may be decided at those meetings. Sincerely, :Ann Ant. ev-17; Thomas E. Syzek, MD, EACEP Salida, Colorado J.1 • Toxicol. (2012) 8:166 175 OO1 10 100Vs13181-011-0203-1 -0t 1-o203-i REVIEW ARTICLE Clearing the Air: A Review of the Effects of Particulate Matter Air Pollution on human Health Jonathan 0. Anderson - Josef C. Thundiyil • Andrew Stolbach Published online: ;23 December 2011 American College of hi dical Toxicology 2011 Abstract The World Health Organication estimates that pa- ticulate matter (PM) air pollution contributes to approximately K00,000 premature deaths each year, ranking it the 13th leading cause of mortality worldwide. However, many studies show that the relationship is deeper and far more complicated than origi• rally thought. PM is a portion of'air pollution that is made up of extremely small particles and liquid droplets containing acids, organic chemicals, metals, and soil or dust particles. I'M is categoriztx1 by size and continues to be the fraction of air pollution that is most reliably associated with human dim. PM is thought to contribute to cardiovascular and ccrebrmvas- colar disease by the mechanisms of systemic inflammation, direct and indirect coagulation activation, and direct transl - tion into systemic circulation. "lite data demonstrating PM's effect on the cardiovascular system are strong. Populations subjected to long-term exposure to PM have a significantly higher cardiovascular incident and mortality rate. Short -tern acute exposures subtly increase the rate of atabovascular events within (lays of a pollution spike. The data am not as sitting far PM's eii,ts on ccrtehmvascular dtscasc,, though some data and similar mechanisms suggest a l „ r result with smalla ampii- e. Respiratory diseases am also exacerbated by exposure to PM. PM causes Aspiratory morbidity and mortality by yang oxidative stress and inflammation that.. leads to pulmonary ana- tomic and physiologic remodeling. 'the literalism shows PM J. 0. Andencin (>4) • J. 6. T i ndiyil 1Jc artmeni of Medical FAlueation, Orlando Health Emergency Medicine, 8l'6 W. t!nderwuud. Suite 200, Orlando, FL 32S06, USA c-mu^l: widen] getl.c o n A. Stotbach Johns 1 topkins University Emergency Medicine, $ 830 M. Monument St, Suite 6.100, Baltimore, Ml) 212it7, USA Springer causes wor itning to piratoty symptoms, more faxwent medica- tion use, decreased. ed lung function, recurrent health care utiiiz►ti- tiun, and inatrasixi mortality. PM aims= has ben shown to have a small but significant adverse effect on cardiovascular, respiratory, and to a lesser extent, ccvebrovascular disease. These coretiitent results are shown by muhiplc studim with varying populations, protocols, and regions. The data demonstrate a dose -dependent relationship between PM and human disease, and that removal from a PM -rich environment &crimes the prevalence of these disea . While further study is needed to elucidate the effects. of composition, chemistry, and the I'M effect on susceptible populations, the prcpondctance of data shows that PM aposupe causes a small but significant increase in human morbidity and modality, Most sources amcc on certain "common same recommendations, although there an: lonely limited data to support them. Indoor PM exposure can be nxIticed by the usage of air conditioning and particulate filters, decreasing indoor combustion for heating and cooking„ and s nuking emotion. Susceptible populations,, such as the elderly or asthmatics, may benefit from limiting their outdoor activity during peak truf ie pato& or poor airqity days, Thee simp`c changes may benefit individual patients in both short -tenon symptomatic control and long -tenet cardiovascular and respira- tory complications. Keywords Particulate matter- Air pollution - Carctiovascular- Respiratory Public policy Introduction While some correlation between poor air quality and human disease has been recognized since antiquity, the health effects of air pollution entered the world's consciousness in the twentieth century, In 1930, sulfur dioxide from local J. Mai. 'Comical. (20 12) 8 166 175 167 factor./ emissions mixed with a dense fog over the Meuse Valley in Belgium. Over 3 days. several thousand people were stricken with acute pulmonary symptoms, find 60 people dial of respiratory causes [ II. in December 1952, a dense smog containing saltine dioxide and smoke particulate descended upon London, resulting in more than 3,000 ex - cess deaths over 3 weeks and as many as 12,000 through February 1953 I � � The lethality of air pollu ion was imme- diately recognized but not well understood. To this day, because the effects of air pollution on illness occur at a population level, many clinicians fail to appreciate the rela- tionship a- tionship between air pollution and health. The 11970 Clean Air Act (CAA) was the first major Ani r- ica.n regulatory effort aimed at both studying and setting limits on emissions and air pollution. 1 he 1970 ('AA defined the National Ambient Air Quality Standards (NAAQS [ 1). V:hese standards set ',imits on six primary pollutants found in air. carbtm monoxide, lead, nitruger i dioxide, ozone, sulfur diox- ide, and particulate matter (PM) [141. PM is a complex mixture ufextrernely small particles and liquid droplets made up of -ac ids, organic: chemicals, n Petals, and soil or dust particles [5]. ".furies of PM are both natural and anthrupo,genrc. Manmade sources of PM rrtv-lude com- bustion in mechanical and industrial proses, vehicle emissions. and tobacco smoke, Natural sources include vol canoes, fires:, dust storms, and aerosolized sea salt. PM can be described by its "aerodynamic equiv aleni diameter' (A FU)). Particles of the same A F,1) will tend to have the same settling velocity. Researchas traditionally subdivide particles into AFT) fractions based on how the particles are generated and where they deposit in human airways- <10, <2 5, and '-t t Fart (PM it), PM?.", and PM0., respectively). Particles with a diameter greater than 10 pm have a relatively small suspension half-life and arc largely filtered out by the nose and upper airway. Researchers define a diameter between 2 5 and 10 pm 031vI s 14)) as "coarse," less than 2.5 lcm as "fine." and less than 0.1 pm as "ultraf Inc " particles. When interpreting PM research, it is important to appreciate that PM It) contains ultrafine (PM0,1), fine (I'M41. r , ), and coarse (I'M H-►) fractions. In a mixed environmental sample. the total number arid total surface area of these particles increases exponentially as the diam- eter of the particle decreases. However, the total particulate mass of a substance generally decreases exponentially with decreasing particle diameter. For example, in a sample of PM t ., the numerical majority of particles would be ultra - fine, but these particles would make up a negligible portion of the sample's total particulate mass (_Fig. 1), Studies show an increase ln morbidity and mortality related to PM exposure. While the increased dal °y risks from PM exposure are modest for any individual, the costs of the worldwide healthcare burden am ±ering when applied to populations, The World Health Organinition estimates that Particle Nonsber Part W We Man CAI 4' II 14 1. A FMO.Q1 1M0.1 t tjitraf me Phil PMI S t Fine Coarse A hypothetic -41 mixed pathetic dihtnnbutiun FM10 PM? s concentration contributes to approximately #1JOA/0V premature deaths per year. ranking it the 13th leading cause of mortality worldwide j0j. This paper provides a review of the etleci of ambient airborne PM on human morbidity and mortality. We revievt the current undcnianding of the me hanisms that underlie the observed clinical findings. Emphasis is placed primarily on reseawh concerning the cardiovascular, raipi ratory, and c:.ore- brovascular systems. This review concludes with public health recommendations based on a summary of the reported literature's findings. Methods Ile authors conduced a scientific review of all available literature published over the last 30 years. Our primary objective was to determine the association or lack of asso- ciation between PM and human health. Our secondary ob- jettse was to summarize the proposed mechanisms for any purlxrrtcdassuciations based on e u tst u tg human. ar rEn aal, and in vitro studies. We initiated a 1'ubMed database search using the MESH terms "PM," "particulate matter," "air pollution," "ultra line particles," "line particles," "coarse e , F " "PM 14 " "PMI' " and "P'MO C " Articles were particles," n ; selected and agreed upon by the authors based on relevance and impact. Effort was made to provide both positive and negative studies when appropriate. Emphasis was. placed on well conducted trials and epidemiological investigations. Studies were only excluded for redundancy. After analysis of the available data,. this paper concludes with individual and public health recommendations hat on the existing scientific evidence. ci Springer 16$ 3. Toxicol. (2012) 8:166 175 PM and Cardiovascular Health Effects . evenil large studies suggest that PM exerts significant effects on the cardiovascular system [7 999, Resaireh on this topic has focu.sal on both the long-term effects of chrome PM exposure and the acute effects of increases in ambient PM on cardio- vascular mortality. In a previous analysis 4.I t] J, it was shown that for any increase in mortality caused by PM, two thirds of the effect was accounted for by the cardiovascular diseases. Cardiovascular Mechanisms Animal studio demonstrate a link between chronic PM expo- sure and the development ofathaoselausis via systemic inflam- mation [ 11, I ?]. I luman studies show that the effects appear to be mediated by the inflammatory cytokines IL -6, TNP-a, and - reactive protein (CRP), Increases in both 1L j ; $ and CRP 1141 have been associated with the development of ac ute myocardial infarction. Ruckert et al. [ 15] described transient IL -6 and INF- elevations in diabetic patients lot 2 days following PM 10 exposure. In a prospective cohort study of Ganian patients, 1 lolfhtan et al [ I (J associated exposure to P1 2.5 with eleva- tions in CR1'. Other researchers demonstrated similar increases in CRP from PM l O exposure from both combustion ( t l j and organic matter 1 ] f , In contrast, some studies have found only a weak or absent link between PM and markers of inflammation 11.4. 22]. Diseretrancis amp studies appear related to differ- ences in composition of PM, variah c exposure to anti- inflammatory medications, and differences in obtaining PM exposure data 001 Acute exposure to PM causes changes in coagulation and platelet activation providing a more proximal link between PM and coronary artery disease. Many experts consider fibnnogcn to be an important risk factor for cardiovascular disease 1101. Rucker) et al. [ I 5j associated a 5 -day cumulative exposure to PM 1 u with increased fibrinogen lever; in survi- vors of myocardial infarction. Other pro -coagulant factors such as plasminogen activator fibrinogen inhibitor -1 (PM 1), Table 1 long-term effects of PM on t'h+c cardiovascular system PM particulate mutter. am in main in ambient PM, HS black smoke Springer were also associated with I'M elevations 117 ]. Intratraeheal instillation of dieel exhaust panicles led to increased sed platelet activation in hamsters and rapid thrombosis formation [21]. Further hamster studies also suggested that small particles translocate into the blood stream and exert prothrombotic effects [24.1. Schicker et al. [1 j showed that transient increases in P 10 exposure caused during hay -stacking increased platelet aggregation within 2 h of the activity. This activity also increased Von Willebrand factor and Factor VIII, markers of vascular endothelial activation. Itong-Term idiffects The "I larvard Six Cities study [7]," a cohort study published in 1993, followed 8,111 patients for 16 18 years and showed a 29% (95% Cl, 8-47%) inceasc in the adjusted mortality rate for the most pal luted of the cities compared to the least polluted. Particulate air pollution was positively associated with death from lung cancer and cardiopulmo- nary disease (Table I ). Pope et al. 111 Ibllowcd this in 1995 with another prospec- tive cohort study of 552,000 patients in 151 metropolitan areas using the American Cancer Society's Cancer Prevention 2 database (ACS (PS 2). These data showed a 17% (95% t'1, --26%) increase in all use mortality and a 31% (95% CI, 17 46%) increase in cardiopulmonary f ulruonaary mortality when comparing the most and least polluted cities. In 2002 ["2.51 and 2004 [26], Pope et al re -reviewed the expanding ACS CPS 2 database., now with 1.2 million participants, and extended the follow up. Fhcir research demonstrated an average increase in cardiopul- monary mortality of 9% (95% CI, 3-16%) for each tOjtg/rn3 increase in PM s. Stamently, they determined that a I 01.igF m Hieratic in PM inc of ischernic• cardiovascular disease mortality by 18% (95% CI. 14 23%) and mortality from arrhythmia, congestive bean failure, and cardiac arrest by 13% (95% el, 5 21%). in 2007, the women's I lcahh Initiative Study [27J Mowed a cohort of over 65,000 posuncnopausal women with no previous Auer Dockery et al. (171 Pope et al. itf Hoek etal.1281 Pope a al. (251 Pope et al. 126) Miller et al. 1271 Toren et al. (29 j War PM 199.1, PAD 1995 PM 1a PMAD 2002 BS 2002 PM15 2004 P' 1s P.M2 2007 PM1s PM,5 2007 PM 6PM (in fag./m-) Outcome measure Effect (95% Cl) 18.6 24.E 24.5 103 10 10 10 10 10 Not me,rc' All -cause mortality Ally -anise mortality Cardiopulmonary mortality Cardiopulmonary mortality Cardiopulmonary mortality Isehernic CVi) mortality C! IF, arrhythmia, CP arrest Cams wastutar evens Cardiovascular mortality Unictiovasealar mortality 26% (8 47) 17% (9 2(t) 31%(I7 46) 71%{10 167) 9% (3 16) IS%(I4 23) 13%(521) 24% (9 41) 76% (25 147) 12% (7 19) J. Med.'fe?xrcal. (2012) KII66 175 169 heart disease over approximately 6 years. The investigators reviraled that long -tam PM exposure in this population resulted in a 24% (95% CI, 9 41%) increase. in cardiovascular events and an astonishing 76% (95% Cl„ 25 147%) Increase in audio - vascular mortality per 10-14m3 increase in PM 1s.. While these results had fairly wide confidence intervals, these data suggest that this cohort of patients may be particularly susceptible to ambient PM exposure. The findings cif cardiovascular effects from PM exposure arc not unique to the USA. In the Netherlands, long -terns exposure to traffic -related air pollution increased cardiopul- monary mortality by 71% (95% CI, 10--167%) 12 8], A 2007 cohort study 19 of 250,000 Swedish construction workers. from 1972 to 2002 found that workers with occupational PM exposure had a 12% (95% CI, 7. 19%) increase in ischcmic cardicrva.scular disease mortality. While increases in PM have been consistently shown to increase cardiovascular morbidity and mortality, the effects 01 PM Suction have also been studied. In the 72 months fol- lowing the ban of bituminous coal stiles in I rekiitd eu 1990, black smoke concentration decrea<me by 35.6 mglin) over this time, and standardized respiratory' and cardiovascular mona) ity decreased by 15.5% (95% CI, 12 19%) and 10.3% (95% CI, 8 13%), respectively An 8 -year extension of the I larvard Six Cities data studied the population subset that moved from areas of higher to lower PM concentration [11), finding that a IO-1.tg/m3 decrease in PMi.5 resulted in a 2r (95% ('1, 5.-.43%) decrease in overall mortality. Short -'1 i rm 'fleets A 2001 review 131 of 12 prior studies amcluded that a 10141 ma- me se in PM )a increased hospital admissions for conges tive heart fai lur►c and ischeniic heart disease by OS% % (95% CI,. Table 2 Short term effects ui PM on the cardiovascular system PM particulate matter, LiPlit in - crea in ambient PM, TSP slut %amended nded particles, 1111) iset v- mic hean disease. ''lJ'Peonpes . Live heart More, AM! acute myocardial infarction 0.5 1.2%) and 0.7% (95% CI, 0,4--1.0%), respectively. tively. Simi- larly, a 2006 review [_ } showed a 044% (95% CI, 0,02 o M%) and 1.2R% (95% Cl, 0.78 1.78%) increase in 'Willis - skins fir ischemic heart disease and heart ram fora I O- gfm.` increase in PM25, 5, respectively, In a smaller trial, Pope et L .. 1 X41 n.sal a case -crossover r of 12,000 0 patents in lash to show that a 10 -ii rn3 increase in PM23 led to a 43% (95% CI, 1 _ I 8 %) increase in acute ischermc coronary events. In an anal- ysis of PM concentrations from 20 major cities in the USA using the National Morbidity Mortality Air Pollution Study (N M MA PS) data, Sarno et al. j Ci j showed a I (-µg/nn 3 increase in PM in caused an increase in all -cause and cardiopulmonary mortality by O.5% (95% U, 0.1-05r:0 and U. 7%(95%C!, 0.2- 1 2%),, =Naively (Table 2)., Similar moults have been found in Japan 131, Australia, and New Zealand [ T.r':y]r. In 2.0 08, Sarno i et al. [371, re -analyzed the data of the APH I „A 2, NMMAPS, APS, and several Canadian studies in order to aspiess the coherence or findings using the same methods for all three sets of data. They were able to show an increase in daily all -cause mortality fur Canadian, European, and US titles. Iii1ert stingty, the shoal Learn mortal- ity resulting ficm acute increases in PM are not limited to the critically ill or dying. In fact, much of the mortality occurred among Esc.-#ivv individuals with one or more risk lacLors. PM and Respiratory Health Effects much of Ow i rrtc rest in PM ling focused on t h.c cardiovascular system Fr, RI, many studies evaluated the association between PM exposure and respiratory illness. Itc; c mvhers have evaluated endpoints including respiratory symptoms, medication use, lung function, health-care utili- zation, and mortality. Author 'air PM APM thawing.; Me ire FO'e d (irn ptpyin 5 Morris i 1.x'.1 2001 PM,0 PM lo 2006 6 PM 2 , PM2 Dorm irl-ini et al [ 1) Barnett cr al. 2006 PM ;) s irli PIVIatic PM -2.c Pope c1 a l "006 6, PM , s I.341 Sarno et al. 2000 PM ur PM10 OE ii di At. 2001 TSP 19 IMP 10 1 tuupital admission, HID 10 Hospital admission. C1 -IF 10 hospital admission, HID 10 Hiaspitaladniksiort, Ctrl 10 Hospital admission. HID to Hawaii! *firtrssion, i THE 10 i Implied ad mission, AM I It) I the rrtc cardiac event ID All -cause mortal' y 10 canimpulrnonary mortality 20 All -cause r. urtali:y 20 Cardiopulmonary mortality 0.7% (95% CI, 0.4 1.0) 0.8% % (9_5% a 0.5 12 l 0.44% (95% +(;I, 0.02 0.86) 1 28%(95%CI, 078 1 78) 1.6% (95%: CI 0.7 2 4) 3 6% (95% ti, I.8 5.4) 27%(95%C1}r..142) 4 5% (95% C 1, 1 1 8 tl1 0 5% (95 Vs Cl„ 0.I 119) 0.7% (95% CI, 0.2 1 2) 1.0% (95% C1, Olt 1.3) ! .1% (95% Cl. 0.7 I.5) a Springer 170 J. Med, ToxicoI. (2012) 8:166 175 Respiratory Mechanisms PM triggers pulmonary oxidative stress and inflammation. Human airway epithelial cells exposed to PM express in- flammatory cytokines 193. Alveolar macrophages ex- hibit respiratory burst activity, producing reactive oxygen species, nitrogen species, and release TNF-fix and IL -1 after exposure HI. I. In addition to oxidative stress generated from activation of inflammatory cells, reactive oxygen species may be d r rectl y generated from the surface of particles Those responses can be potent and were shown to cause measurable pulmonary damage after only a single exposure in mice f 4?]. This oxidative damage is associated with the primary development of asthma and chronic ob- structive pulmonary disease (COPT)). Long-term exposure to PM results in airway remodeling and chronic inflamma- tion [43]. PM may also contribute to asthma development by enhancing atopy and IgE resins' [4:1, 4.5). Several controlled human experiments have demonstrated adverse affects on the pulmonary system. PM exposure has been shown to increase airway responsiveness to methac, ho line [:14j}, increase neutrophil numbers in bronchial lavage [4^], decrease CO diffusion usion capacity, and decrease maximum mid -expiratory flow 11$],. Respiratory Symptoms and Medication Usage As part of the Chi ldre,fs !stealth Study, McConnell et ai, V91 found that asthmatic children had a 40% (95% CI. 10-80%) increased risk of bronchitic symptoms fora 19-gg/m`c increase in I'M rot Similarly, a I O- 'm3 increase in I'M 1,0 led to a 12% (95% Cl, 4 22%) increase in severe asthma symptoms in Seattle children I.401. A study of inner-city asthmatic children revealed an association between PM2,5 increase; and missed school days for asthma [ t]. A study of adult Parisians [S7_1 showed a 41% (95% Cl. 16-71%) increase in acute asthma exric eibations per 10-lig/in3 inen a e in PM i o. Interestingly, nearly all PM levels in these studies we below levels set out in the NAAQS. Respiratory medication use also increased in times of peak PM concentration. Use of'reseue bn nc:hud11ators increased as ambient PM2_A rose in Denver [ 3] and the Norther rst USA (.511. A review of 80,000 Alaskan Mcdieaid enrollees found pttr ct`iption rates for brunchodilalors increased by. [8.1% and 28.8% when PMlrc} exceeded 34 and 61 iigim3, respectively 15 SJ. Together, these data suggest that increases in ambient PM worsen asthma symptoms. PM and Pulmonary Function Several retagn studies suggest that PM levels may aflbei lung function and lung development The Children's 1-lw4tth Study [5] followed 1,759 patients over S years, finding that children fa Springer who lived in communities with the highest PM contrritrations were five times more likely to have low FEN! than those in communities with the lowcl PM concentrations. Moreover, children that moved from Ilitati of higher to lower PM 0 ain- c ntration had incn:4mA growth in lung function, and those that moved from areas of tower to higher PM in concentration had decreased growth in king function [571. Even children with better lung function were susixptible to new onset asthma when exposed to higher levels ofP2„$ [S XI. Lower lung function has also been shown for child= with cystic f br'osis exposed to higher levels of PM ca and PM2.4 V9F Similar inverse correlations between PM exposure and individual PI'..FR R and Fli of I measurements have been repro- duced internationally Ifal. In the developing world, where indoor biomass burning can lead to PM levels exceeding 200 pglm3, researchers demonstrated that chronic exposure in children can laid to adult COPD, increased rates of lung infection, and impaired lung function [611. In adults, effects. of PM on lung function have been found primarily in susceptible population& Investigators showed that asthmatic Londurrncr ► taking walks in areas of high PM had significantly higher reduction in FEW!, INC:, and increases in sputum biornarkers of inflammation (621. In elderly patients, PM in and PM2,5 incrsa were associated with, decreases in PEFR [631. In COPE) patients, decrements in lung function were associated with increases in ['Mrs concentration [t"4j. Downs et al. [b.SJ demonstrated that declines in PM in concentration may actually lead to an atten- uated decline in lung function in adult patients. However, ranch on healthy adults has not as consistently shown an association between PM and respiratory compromise1461. 461. PM and Respiratory -Related Healthcare Utilization In a large ease --control study [ti'4., I0 Iib/rni increases in PM -2, were associated with a 9% (95% CI, 4-14%) increase in brorchiolitis hospilalimtions for infants. Large pediatric studies do nonst.ratc inatasol asthma ED visits for inereasts in PM 081 ] and that Phil in increases of 6.5 }rglin3 are associ- aatai with a 15% (95% Cl, 2 30%) increase in rt piratory- re atexl hospital admissions [091 (table 3). Fur adults, several large studii. have demonstrated an association between respiratory hospitalization and ambient PM te. 1.701 and P ,s [ 7 11 conct:ntrdtiuns. This includes admissions for asthma., COPD, and pneumonia. The effects appear to be stronger for elder y patients with even short- term exposures P Pl l_ A study :9 71 of 12 million Medicare enrollees in 108 counties demonstrated significant increases in respiratory hospitalizations for increases in PM2 _,i, in the Eastern USA, Because the same efFects► were riot consistent- ly observed in the Western USA, the authors suggested that morbidity rney by related to the specific chemical constitu- ents of PM which differs across the country. Several recent J. Mcd, ToticoL_ (2012)K:166 175 171 Table 3 The effects of PM on re ►iratory admission PM particulate matter, 4P%f increase in ambient PM Author Year ISM APM tin Ouiwnc mc'asun. l:frxzt (95% (2I) Karr et a1.167 ] t .in et al 1681 St moli et at .1921 Peng et al 193j 7.P ohctti ca al. I.'i•J Medina -Rata et dt.1711 Minima et al_ [11) %Cowan et al. i,l °stru} ci al. 1941 2006 PM?, 2005 PPM In } 2011 MME„ 2 PM to .13 2009 PMT PM -6.3 2006 PM to Min 2006 rim 75 2001 PM,0 2119 1-M+ 10 Infant brunchioli is admksiuins' 65 Pediatric respiratory admimious 10 PS salt a sflirn r ryilmis ions 10 Respiratory admissions l0 Rotatory admeciots 17 Pneumonia .ntttnissinn. I 0 CON) 4Irn issiuns 10 Pneumonia admksions In COP]) admisa ,t;s 14.11 Respiratory admissions 14.6 Pediatric respiratory admissions ri (4 14) 17% (6 29) 2.,54% (0.06 5.08) 0 33% (-x1.21 0 ,K6) 2.07% (1.2 2.95) 65%(I.1 11 4) 1.47° (0.93 10 1) ) 0.84. (0_5 1,19) 1.6176 b ((.i.56 2.66) 3.37% (2 34 440) 41%0.8 6.4) large studies have provided further evidence that the strength oa` PM effect may depend on the composition [74j. Investigations in European cities 1751, Asian cities [761, and Oceania cit les [ 7 j have demonstrated a consistent and small though significant association between PM eon centmtions and emergency visits for respiratory diseases_ Pand Respiratory Mortality The Six Cities study I ], _0 cities study J' 1, and ACTS CPS 2 HI cohort revealed an association be wen PM exposure and cardiopulmonary mortality. These studies did not, however, separate the impact on respir-atcory mortality versus cardiovas- cular mortality, A follow-up investigation using data from the 20 Cities Study revealed a 0.87% (95% CI, 038-1.36%) increased respiratory mortality for short-term increases in PM hi by 10 µsr rn3 [ 8). ,j his was subsequently expanded into a larger cohort of 112 US cities, where researchers rchers found a 1.68% (95% CI, 1.04 2.33%) increase in respiratory mortality for every 10-pg/m3 increase in PMT.5 5 [791. A study cal' Cal- iforreaa counties similarly revealed err increased respiaatory mortality with incrcascs in pM ra [S1]. Table 4 The ctic or PM on respiratory mortality PM 1 nic: IN? matter, SPY in- crca' c in ambient PM These results have bixn reproduced in countnes around the world. A Norwegian study [ i 1 ] demonstrated a 17% (95% CI, 9 25%) increase in mortality risk from C NN) for every quartile increase in Mi.'s._ In a study of 275,110(1 adults in ten Italian cities W.I. short-term PM t J. increases led to a 2.29% (95% CI, 1,03 3..58%) increase in respiratoty mortality Similar results for inerca=I respiratory mortality have been (mind in Asian cities where researchers have demonstrated exec's% respiratory mortality risk for increases in PM wet ISM ] Nearly !identical effect sins for respinitory modality were found in the API11-A2 trial which studied this relationship across 29 Furopcan cities [R4], One study even demonstrated an association between PMen n and respi- ratory mortality in children under age five [E S] (Table :1). PM and Cerebravascula r Health Effects Ischeinic cerebrovascular and cardiovascular disease share many risk factors% features, and pathophysrologtcai mcclaa- nasm + As an man*. CRP, similar to cardicovascutLr dis- ease, has also been implicated in the genesis of stroke 1:861. Author Year PM t�P i (t!rMom `) Outcome mea im Effect (95% f i) ka et al. 1781 Zanob ttr cwt al_ (791 Wong et al. 1(31 Analiiws ti at. NI Hates et wit. 011 Pope et al. 1251 Omar et u1. ('"U 2005 2009 2008 2006 10 2002 20416 Mho PM2_3 PM so PM1� PM 10 Respiratory -mortality 1t Respiratory mortality 10 Ittspiratory mortality 10 Respiratory mortality 10 Mltespisu ory mortality 10 Lung cancer mortality 1Respiratory reality 0.87% (0.38 1.36) 1.68% (1 04 2.33) 0.62% (0.22 1,02) 0.58% (021 0.95) t.3% (0.5 2.0 8% (I 16) 22°4(0.6 3.9) N Springt r 172 IvIcd. losjcol (2012) 8:166 175 However, the evidence linking PM and stroke is more sporadic and the mechanisms less well understood, Dominici et at (3.11 reviewed an air quality data for 204 US urban counties and showed that a 10-- lm" increase in ambient PM23 increased the risk of hovitalthaion lbr cc- rebrovascular events by 0.8% (95% CI, 0.3 1.3%). A sep- arate review 187] of Medicare patients found an increase of 1.03% (95% CI, 0.04 2.04%) for hospital admission for i schernic stroke for each 10-li m-3 increase in PMI0. f1. Still other investigators found a previous clay PM2 s increase of 5.2 p.g/m3 led to a 3% (95% CI, 0-7%) increase in risk of "f"IA and ischemie stroke_ In contrast, a recent large prospective multi -center stroke registry found no increase in the general popula- tion for iseheteic stroke from exposure to PM, ,.. There was, however, an I I% (95% CI, 1-22%) increase in stroke task in exposed patients with diabetes [ A. A large case -crossover study found an association between other components of air pollution (NO2 and CO) and ccrcbruvascular disease, but no correlation was noted with changing PM levels (.9J. Similarly, a large registry of lint -ever strokes found no association with PMtca for iseheric or hemorrhagic stroke [90], There arc several reasons why studies of PM and cere- brovascular disease have produced conflicting results. Some studies do not completely adjust for all confounding varia- bles. There is further heterogeneity due to differences in the definition of cerebrovascular disease, or whether pollution is measured on the day of admission or symptom onset P4;8 J. Further, it is possible that exposure to PM may not contrib- ute to an overall increase in cerebrovascular disease, but only trigger events in vulnerable populations. 'table 5 Air quality index and recommendations EPAEPA45641,09.002 Air quality indc.: a guide to air quality and your health, EPA, August 2009 Ale/ air quality index 'People with hears or lung dis ca.st children, or older adults Springer Recommendations and Conclusions In evaluating the literature, there appears to be a small, but consistent and significant, effect of PM on human health.. Overall, the small individual effects result in a large global public health burden. Notably, the effects are most pronounced for cardiovascular ise e. Several studies have demonstrated an inawse in cardiovascular mortality and hospitalizations. There are simalar effects, of smaller amplitude, in revisory disease. More study is needed to clarify the relationship be- tween PM and eembrovsscu tar disease. There am limitations to much of the available PM research. Most studies do not use inclividutO exposure data, Rather, air monitors in population centers are used as surrogates for individual exposure. iwcn. after adjusting these data for time spent in traffic., exposure to .mod -hand smoke, etc.., esti- mates may not be accurate 13 spttc the..se, limitations., different types of studio., conducted in different locations find similar results, A dose -response relationship between PM exposure and adverse effects has ban identified, and improvement in health endpoints is observed when the PM exposures are reduced. Overall, the available; evidence suggests a causal association between long• and shorleterrn PM exposure and cardiovascular and respiratory morbidity and mortality. Further research is still needed to fully understand how PM alleeis human health. Wink studies show increased PM con- centration entratioon has adverse health affects, the actual composition oI' particulates that is harmful has not yet been elucidated. Further studies arc also needed to clarify the time course of PM - induced effects. In limited studies, some effects seem to ap- pear within hours, while other reach their zenith within several days peak PM exposure. The data on this "lag time" effect can AQI level AQI value Pl1/441_5 PM to Actions to protect your health fn:cn particle pollution Good Moderate tlnbaCthry for sensitive groups Unhealthy for sensitive groups Very unhealthy 0 50 51 100 101 150 151 200 201 300 0 15 C6 35 36 es 155 254 66 150 A150 050 None 51 154 Unusually sensitive people should consider reducing prolongcx4 or heavy exertion Suscipuble groups' should r duce prolonged or heavy exertion Everyone else should lima prolonged or heavy exertion 255 354 Susceptible groups" should avoid aft physica1 activity outdoors Fyn -rue vise should avoid prolonged or heavy exertion :154 Susceptible ruups' should nmain 'twigs and 'tarp activity levels low Everyone else should avoid all physical activity outdoors J. Med . rox1. (2012)8:166 175 173 be contradictory, and this phenomenon remains incompletely understood. The true biological mechanisms anisms leading to PM - induce d pathology continue to be investigated d Also, while regional exposure data has become standard for Pm epidemi- ology. studies with true individual exposure have yet to be hilly realized_ F inal ly. studics defining ing susceptible populations will help to shape further population -based recommendations. Clinical Recommendations When a patient presents with an acute illness, the clinician will not be able to determine the degree to which PM contributed, in illnesses where PM is known to con ribute to risk, that percentage risk increase is usu. l ly measured in the single digits`. Therefore, it is unlikely that there will ever be specific therapies for PM -related illness. Rather, health care providers should be Ihmiliar with prevention strategies for PM -related illness. Indoor PM exposure can be mints mized by using air conditioning, parti€u! aic air fillers, avoiding use of indoor combustion for cooking and heating, and smoking cessation N5J. Susceptible groups may benefit from limiting their outdoor exercise d uc.P g peak traffic periods or poor air quality days rill:, the Air Quality Index (AQI) (blip _: airnow .gov) provides up-to-date information regarding local conccntr~a ions of PM and other pollutants_ while government agencies have put out recommendations for minimizing PM exposure, pecr-reviewed 4orrttrallc, f data are limited for the implementation of these recommendations ° able it Though PM exposure is ubiquitous,them is no defined and studied "safe" level. Patient education and behavioral motlilcation strategies may contribute to better overall health. Addi' Iona ly, these data can enable pokey makers,. alter weighing the economic impact. to enforce or strength- en cxis'ing legislation that limits PM exposure. 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Marty M (20 09) Ths effects of fine parudc components on respiratory hovital admission in children. Environ Health Perspeet 117(3):475 480 Anonymous. Indoor air twine. Unified States EmPironmental Pro- le c.•ticn Agency. 2') Nov 2'011 Nip : www,epa..guviagI: Auzeshe i on 25 Nov 2011 96. Anonymous. Air quality guide for particle pollution. United States Envimurrene zap Proaattion Agency. August 2003. hirp:.,www.epi. goy iaiirn0w !;airquuiityguidcpart ides. pelf. Acxessed on 25 Nov 2011 Sent: Sunday, August 8, 2021 11:19 AM To: 1�s lc@thesullivangrou,pacom <tsyzek@thesuilivangroup,com> Subject: gravel pits Dear Dr. Syzek, I recently volunteered with a neighborhood group in Milliken, Co to do some research on the health effects caused by gravel mines. I found the article published in the Salida Daily Post published in April of 2017 which you wrote. Yesterday we had an informational meeting attended by neighbors opposed to this gravel mine for various reasons. It is directly across a stream (to the south) from a golf course, and a good sized subdivision. there are beautiful wetlands on this property, and it is a path used daily by blue herons, sand cranes, deer and even a moose. The Sand and gravel company claims they will use back roads and "only" run 60 to 90 trips a week on a narrow dirt road that backs up directly on the west to the subdivision and golf course, They also claimed they would be here for 10 years and then told us there would be another 10 on the other side of the Big Thompson River which runs through. After reading your article I am more alarmed than ever. One of the co -owners of this gravel company attended the meeting and the red flags are now overwhelming me. There is a school close to this property, the river runs through it and a large subdivision is within 1/4 mile of the proposed dig. I am looking for any information I can find about what silica dust in particular (not to mention diesel fuel and road dust) could do to my neighborhood. We are already overwhelmed by oil and gas trucks jamming the main road running north to Highway 34 and the north part of the county. It looks as though we will have a fight on our hands since Weld County almost routinely approves these requests. We have children, old people and veterans with health problems related to their service, and many others living here who would be adversely affected. I would so appreciate any information you could give me related to this issue, and what the outcome was of your fight, as it may be our only hope. Thank you in advance for any suggestions you make. Sheila Grotzky, resident of the Mad Russian Subdivision in Milliken Colorado. You can also reach me by phone at 970- 587-6408 or at 115 Birdie Dr, Milliken, CO 80543 Why put a Gravel Pit / mining operation that creates a known carcinogen (cancer -causing) right next to homes and a school? You won't find the answer to that here, or anywhere else for that matter. It's a bad and lethal idea. What's in the dust created by a Gravel Pit operation? It is not the same as the dust created by farming or other periodic natural events. The killer is the fine particles of dust you cannot see. The mining and crushing of gravel creates and releases fine particulate matter called Crystalline Silica into the air which will be carried by the wind towards homes and schools. These dangerous particles will permeate homes, neighborhood parks, schools, and playgrounds. Adults and vulnerable children and seniors will be exposed to this harmful carcinogen every day, all day. Why the City and County would CHOOSE to allow the creation of a toxic environment for our neighborhoods and these neighborhood schools when they do, in fact, have state and local government statutory and federal regulatory authority, and Texas Attorney General and Supreme Court ruling precedence to use their authority to deny the permit in order to protect public health, safety, economic development, and quality of life is inexcusable, incomprehensible, and UNACCEPTABLE. So what's wrong with Crystalline Silica? Crystalline Silica, a known carcinogen (cancer causing agent) which has been found to cause lung cancer, silicosis, and other health hazards! SOME FACTS: • Some of the Crystalline Silica can be of the most dangerous variety with a designation as a PM2.5 particle. T hose are particles that measure less than 2.5 micro meters in size • Once these tiny particles enter the lung they stay there. The body's natural defense encapsulates them causing permanent lung damage or cancer. • Winds can carry these fine particles over great distances. • The closer you are to the source, the higher the concentration and danger • Health effects can range from Silicosis, lung cancer, tuberculosis increased lung irritation • There is no cure for silicosis • Once these fine oprtictes enter the lungs, the body has no means to exoel them • Crystalline Silica clings to inanimate objects like homes, outdoor and playground equipment, trees, plants, and grass and vehicles ' cars, so you and your families will come into contact with it. • Crystalline Silica will infiltrate home and schools' heating and cooling system and there is no viable way to stop it or mitigate it. • The dust is cumulative; each day over the Marc. year the pit is in operation more and more of this hazardous dust will accumulate inside and around homes and the schools. • Our neighborhood homes and the new middle school is adjacent to and/or sits downwind of the proposed pit and its loading and hauling facilities • They don't call this "Wind Country" for nothing. Most days of the year the wind speed exceeds 15 mph and is often much, much higher in our neighborhoods. Why put a Gravel Pit I mining operation that creates a known carcinogen (cancer -causing) right next to homes and a school? Below are some links and excerpts from articles that address this serious hazard. http://www.osha ov OshDoc data General _Facts/crystalline 4 ctsheet.pdf what is crystalline silica? Crystalline silica is a basic component of soil, sand, granite, and many other minerals. Quartz is the most common form of crystalline silica. And we are NOT talking countertop grade. Cristobalite and tridymite are two other forms of crystalline silica. All three forms may become respirable size fine particles when workers chip, cut, drill, or grind objects that contain crystalline silica. What are the hazards of crystalline silica? Silica exposure remains a serious threat to nearly 2 million U.S. workers, including more than 100,000 workers in high risk jobs such as abrasive blasting, foundry work, stonecutting, rock drilling, quarry work and tunneling. The seriousness of the health hazards associated with silica exposure is demonstrated by the fatalities and disabling illnesses that continue to occur in sandblasters and rockdrillers. Crystalline silica has been classified as a human lung carcinogen. Additionally, breathing crystalline silica dust can cause silicosis, which in severe cases can be disabling, or even fatal. The respirable silica dust enters the lungs and causes the formation of scar tissue, thus reducing the lungs' ability to take in oxygen. There is no cure for silicosis. Since silicosis affects lung function, it makes one more susceptible to lung infections like tuberculosis. http±/Jwww.air'infonow.com/html/ed particulate.htmI Particles can come in almost any shape or size, and can be solid particles or liquid droplets. We divide particles into two major groups. These groups differ in many ways. One of the differences is size, we call the bigger particles PM10 and we call the smaller particles PM2.5. BIG. The big particles are between 2.5 and 10 micrometers (from about 25 to 100 times thinner than a human hair). These particles are called PM 1O (we say "P M ten", which stands for Particulate Matter up to 10 micrometers in size) . These particles cause less severe health effects. SMALL The small particles are smaller than 2.5 micrometers (100 times thinner than a human hair). These particles are called PM2.5 (we say "P M two point five", as in Particulate Matter up to 2.5 micrometers in size). 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'-t.•L -. - - '•1-, r9. $'_ •Y tea' ° ;� „t T^; -'_�• - 1 �.•.ty� w- 3. y wino • 1ti 'k .-3 r.'-- - "'�Y Y, k Iu'y. °. a, t. ,t- a e _ 3E, { •=..r_ • 'TI .. ' - .I I •••s__*. rr : ca '-A= ♦ '3 .t. •1 . • -- r • •A _.;•I . v, i •r • • ' I. L. • t 1' • q, ,t e 40 April 6, 2022 Morgan Grotzky 115 Birdie Dr. Milliken, CO 80543 COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources Re: Loveland Ready -Mix Concrete, Inc., Dunn Pit, File No. M-2021-059, Complaints Against Mining Application Response Mr. Grotzky, The Division of Reclamation, Mining and Safety (Division/DRMS) received a folder of complaint letters, signed petitions and information delivered to the Division's office on March 31, 2022 regarding the Dunn Pit application submitted by Loveland Ready -Mix Concrete, Inc. (Applicant). The complaint letters and petitions were not received within the public comment period for the application which closed on December 14, 2022. Therefore, the objection letters and petitions are considered untimely in accordance with Rule 1.7.1(2)(a). The Division will not require the Applicant to response to the items discussed in the letters. Notification Concerns The Division determined the Applicant complied with all applicable notification requirements of Rules 1.6.2 and 1.6.5 of the Minerals Rules and Regulations of the Colorado Mined Land Reclamation Board for the Extraction of Construction Materials. The Division will not require the Applicant to provide additional public notifications. Truck Traffic Concerns The Division's Act and Rules do not specifically address traffic, traffic safety and road impacts for roads located outside of a permitted mining operation. These issues are under the jurisdiction of Weld County and the Colorado Department of Transportation. These issues should be addressed through the permitting processes of Weld County and the Colorado Department of Transportation. The Division will forward your concerns to Weld County. Air Quality Concerns The Division's Act and Rules do not specifically address impacts to air quality. The issue of air quality is under the jurisdiction of Weld County and the Air Pollution Control Division (APCD) of the Colorado Department of Public Health and Environment (CDPHE). The Applicant is in the process of obtaining an Air Pollution Emissions Notice (APEN) from CDPHE. This issues should be addressed Physical: 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 Mailing: DRMS Room 215, 1001 E 62nd Ave, Denver, CO 80216 https://drms.colorado.gov Jared S. Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director (.l:�f. tip' `. • �.. Dunn Pit Page 2 of 2 April 6, 2022 through the Weld County permitting process. The Division will forward your concerns to Weld County and CDPHE. If you have any questions, please contact me at peter.hays@state.co.us or (303) 866-3567 Ext. 8124. Sincerely. Peter S. Hays Environmental Protection Specialist Ec: Jared Ebert; Division of Reclamation, Mining & Safety Hello