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Home My WebLink About20212714.tiffEXHIBIT I - SOILS INFORMATION The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.9 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: (1) In consultation with the Soil Conservation Service or other qualified person, indicate on a map (in Exhibit C) or by a statement the general type, thickness and distribution of soil over affected land. The soil types on the site are shown on the attached USDA Soil Survey Soil Map. In addition, Aggregate Industries has drilled or obtained drill logs of exploratory borings drilled at the site. These boring logs were previously on file at the DRMS and are attached to this exhibit. The USDA Web Soil Survey Map shows eleven soil units at the site: 1. Ellicot-Glenberg complex, 0 to 3 percent slopes, occasionally flooded 2. Loamy alluvial land, gravelly substratum 3. Loamy alluvial land, moderately wet 4. Nunn clay loam, 1 to 3 percent slopes 5. Terrace escarpments 6. Ulm loam, 5 to 9 percent slopes 7. Water 8. Wet alluvial land 9. Aquolls and Aquents, gravelly substratum 10. Haverson Loam, 1 to 3 percent slopes 11. Altvan loam, 1 to 3 percent slopes Publ :c Re./;er.i 09/22.121 Aggregate Industries Tucson South Gravel Mine — MLRB 112 Permit Amendment Application Exhibit I -1 Cc: PI-Crv), r -t /ER /crt/cx) 2021-2714 09/15/21 USDA Soil Survey Map and Data USDA United States dim Department of Agriculture NRCS Natural Resources Conservation Service A product of the National Cooperative Soil Survey, a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local participants Custom Soil Resource Report for Adams County Area, Parts of Adams and Denver Counties, Colorado; and Weld County, Colorado, Southern Part July 29, 2021 Preface Soil surveys contain information that affects land use planning in survey areas. They highlight soil limitations that affect various land uses and provide information about the properties of the soils in the survey areas. Soil surveys are designed for many different users, including farmers, ranchers, foresters, agronomists, urban planners, community officials, engineers, developers, builders, and home buyers. Also, conservationists, teachers, students, and specialists in recreation, waste disposal, and pollution control can use the surveys to help them understand, protect, or enhance the environment. Various land use regulations of Federal, State, and local governments may impose special restrictions on land use or land treatment. Soil surveys identify soil properties that are used in making various land use or land treatment decisions. The information is intended to help the land users identify and reduce the effects of soil limitations on various land uses. The landowner or user is responsible for identifying and complying with existing laws and regulations. Although soil survey information can be used for general farm, local, and wider area planning, onsite investigation is needed to supplement this information in some cases. Examples include soil quality assessments (http://www.nres.usda.gov/wps/ portal/nres/main/soils/health/) and certain conservation and engineering applications. For more detailed information, contact your local USDA Service Center (https://offices.sc.egov.usda.gov/locator/app?agency=nres) or your NRCS State Soil Scientist (http://www.nres.usda.gov/wps/portal/nres/detail/soils/contactus/? cid=nrcs142p2_053951). Great differences in soil properties can occur within short distances. Some soils are seasonally wet or subject to flooding. Some are too unstable to be used as a foundation for buildings or roads. Clayey or wet soils are poorly suited to use as septic tank absorption fields. A high water table makes a soil poorly suited to basements or underground installations. The National Cooperative Soil Survey is a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local agencies. The Natural Resources Conservation Service (NRCS) has leadership for the Federal part of the National Cooperative Soil Survey. Information about soils is updated periodically. Updated information is available through the NRCS Web Soil Survey, the site for official soil survey information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require 2 alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. 3 Contents Preface 2 How Soil Surveys Are Made 6 Soil Map 9 Soil Map 10 Legend 11 Map Unit Legend 13 Map Unit Descriptions 14 Adams County Area, Parts of Adams and Denver Counties, Colorado 17 DaA—Dacono loam, 0 to 1 percent slopes 17 DaB—Dacono loam, 1 to 3 percent slopes 18 EgA—Ellicott-Glenberg complex, 0 to 3 percent slopes, occasionally flooded 19 Gr—Gravelly land -Shale outcrop complex 21 Lv—Loamy alluvial land, gravelly substratum 22 Lw—Loamy alluvial land, moderately wet 23 NuB—Nunn clay loam, 1 to 3 percent slopes 24 PIB—Platner loam, 0 to 3 percent slopes 26 PIC—Platner loam, 3 to 5 percent slopes 28 ReD—Renohill loam, 3 to 9 percent slopes 29 Tc—Terrace escarpments 30 UIC—Ulm loam, 3 to 5 percent slopes 31 UID—Ulm loam, 5 to 9 percent slopes 32 VoA—Vona sandy loam, 0 to 1 percent slopes 34 W —Water 35 Wt —Wet alluvial land 35 Weld County, Colorado, Southern Part 37 1—Altvan loam, 0 to 1 percent slopes 37 2—Altvan loam, 1 to 3 percent slopes 38 3—Aquolls and Aquents, gravelly substratum 39 4—Aquolls and Aquepts, flooded 41 5 —Ascalon sandy loam, 0 to 3 percent slopes 42 10 —Ellicott -Ellicott sandy -skeletal complex, 0 to 3 percent slopes, rarely flooded 44 21—Dacono clay loam, 0 to 1 percent slopes 46 22—Dacono clay loam, 1 to 3 percent slopes 47 26—Haverson loam, 1 to 3 percent slopes 48 33 —Kim loam, 3 to 5 percent slopes 49 36 —Midway -Shingle complex, 5 to 20 percent slopes 50 39 —Nunn loam, 0 to 1 percent slopes 52 40 —Nunn loam, 1 to 3 percent slopes 54 41 —Nunn clay loam, 0 to 1 percent slopes 55 42 —Nunn clay loam, 1 to 3 percent slopes 57 47 —Olney fine sandy loam, 1 to 3 percent slopes 58 52 —Otero sandy loam, 3 to 5 percent slopes 59 4 Custom Soil Resource Report 53 —Otero sandy loam, 5 to 9 percent slopes 60 67 —Ulm clay loam, 3 to 5 percent slopes 62 68—Ustic Torriorthents, moderately steep 63 79 —Weld loam, 1 to 3 percent slopes 64 82 —Wiley -Colby complex, 1 to 3 percent slopes 66 85 —Water 68 References 69 5 How Soil Surveys Are Made Soil surveys are made to provide information about the soils and miscellaneous areas in a specific area. They include a description of the soils and miscellaneous areas and their location on the landscape and tables that show soil properties and limitations affecting various uses. Soil scientists observed the steepness, length, and shape of the slopes; the general pattern of drainage; the kinds of crops and native plants; and the kinds of bedrock. They observed and described many soil profiles. A soil profile is the sequence of natural layers, or horizons, in a soil. The profile extends from the surface down into the unconsolidated material in which the soil formed or from the surface down to bedrock. The unconsolidated material is devoid of roots and other living organisms and has not been changed by other biological activity. Currently, soils are mapped according to the boundaries of major land resource areas (MLRAs). MLRAs are geographically associated land resource units that share common characteristics related to physiography, geology, climate, water resources, soils, biological resources, and land uses (USDA, 2006). Soil survey areas typically consist of parts of one or more MLRA. The soils and miscellaneous areas in a survey area occur in an orderly pattern that is related to the geology, landforms, relief, climate, and natural vegetation of the area. Each kind of soil and miscellaneous area is associated with a particular kind of landform or with a segment of the landform. By observing the soils and miscellaneous areas in the survey area and relating their position to specific segments of the landform, a soil scientist develops a concept, or model, of how they were formed. Thus, during mapping, this model enables the soil scientist to predict with a considerable degree of accuracy the kind of soil or miscellaneous area at a specific location on the landscape. Commonly, individual soils on the landscape merge into one another as their characteristics gradually change. To construct an accurate soil map, however, soil scientists must determine the boundaries between the soils. They can observe only a limited number of soil profiles. Nevertheless, these observations, supplemented by an understanding of the soil -vegetation -landscape relationship, are sufficient to verify predictions of the kinds of soil in an area and to determine the boundaries. Soil scientists recorded the characteristics of the soil profiles that they studied. They noted soil color, texture, size and shape of soil aggregates, kind and amount of rock fragments, distribution of plant roots, reaction, and other features that enable them to identify soils. After describing the soils in the survey area and determining their properties, the soil scientists assigned the soils to taxonomic classes (units). Taxonomic classes are concepts. Each taxonomic class has a set of soil characteristics with precisely defined limits. The classes are used as a basis for comparison to classify soils systematically. Soil taxonomy, the system of taxonomic classification used in the United States, is based mainly on the kind and character of soil properties and the arrangement of horizons within the profile. After the soil 6 Custom Soil Resource Report scientists classified and named the soils in the survey area, they compared the individual soils with similar soils in the same taxonomic class in other areas so that they could confirm data and assemble additional data based on experience and research. The objective of soil mapping is not to delineate pure map unit components; the objective is to separate the landscape into landforms or landform segments that have similar use and management requirements. Each map unit is defined by a unique combination of soil components and/or miscellaneous areas in predictable proportions. Some components may be highly contrasting to the other components of the map unit. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The delineation of such landforms and landform segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, onsite investigation is needed to define and locate the soils and miscellaneous areas. Soil scientists make many field observations in the process of producing a soil map. The frequency of observation is dependent upon several factors, including scale of mapping, intensity of mapping, design of map units, complexity of the landscape, and experience of the soil scientist. Observations are made to test and refine the soil -landscape model and predictions and to verify the classification of the soils at specific locations. Once the soil -landscape model is refined, a significantly smaller number of measurements of individual soil properties are made and recorded. These measurements may include field measurements, such as those for color, depth to bedrock, and texture, and laboratory measurements, such as those for content of sand, silt, clay, salt, and other components. Properties of each soil typically vary from one point to another across the landscape. Observations for map unit components are aggregated to develop ranges of characteristics for the components. The aggregated values are presented. Direct measurements do not exist for every property presented for every map unit component. Values for some properties are estimated from combinations of other properties. While a soil survey is in progress, samples of some of the soils in the area generally are collected for laboratory analyses and for engineering tests. Soil scientists interpret the data from these analyses and tests as well as the field -observed characteristics and the soil properties to determine the expected behavior of the soils under different uses. Interpretations for all of the soils are field tested through observation of the soils in different uses and under different levels of management. Some interpretations are modified to fit local conditions, and some new interpretations are developed to meet local needs. Data are assembled from other sources, such as research information, production records, and field experience of specialists. For example, data on crop yields under defined levels of management are assembled from farm records and from field or plot experiments on the same kinds of soil. Predictions about soil behavior are based not only on soil properties but also on such variables as climate and biological activity. Soil conditions are predictable over long periods of time, but they are not predictable from year to year. For example, soil scientists can predict with a fairly high degree of accuracy that a given soil will have a high water table within certain depths in most years, but they cannot predict that a high water table will always be at a specific level in the soil on a specific date. After soil scientists located and identified the significant natural bodies of soil in the survey area, they drew the boundaries of these bodies on aerial photographs and 7 Custom Soil Resource Report identified each as a specific map unit. Aerial photographs show trees, buildings, fields, roads, and rivers, all of which help in locating boundaries accurately. 8 Soil Map The soil map section includes the soil map for the defined area of interest, a list of soil map units on the map and extent of each map unit, and cartographic symbols displayed on the map. Also presented are various metadata about data used to produce the map, and a description of each soil map unit. 9 40° 1 10 N 39° 58 58"N 511500 512100 512700 cC , ri inin<-4' I tl r4 -zr bpi '47 t � r'r 91iy 513300 Mil N D I, Custom Soil Resource Report Soil Map 513900 � , r ,,,,-w Y1 -1 0i. ,w. i - emu. p<, f ,oalq I 4�;♦s+', s„ 6 ! ` b''A dIP*th,,, �i�" ' 4 e . '�6 �,r. �i w .435.. 's., F Y "�4� y"I ter VY i.. �J'{ 3-1.60. Zvi—`1�'u��+� ( S � ), ' , NuB;Wt smite�ti za w- h i 4 P � �+� � d r' !4,-1 1t_ i .W` 4 . 4 d `.,4' s ad: 1 k4a'4. I i. ra 511500 b A 512100 Map Scale 1 28,800 If punted on A landscape (11" x 8 S') sheet 512700 513300 513900 514500 515100 515700 515300 516900 0 Feet 0 1000 2000 4000 5000 Map projection Web Mercator Corner 000rd natess WGSB4 Edge 66 UTM Zone 13N WG584 400 800 1500 Meters 2400 514500 10 515100 515700 3 "1 516300 515900 fWar 1F'Yi 7 r ,, 1e�ill alt5glaaXTURilV' Cr F1V.,x 3 517500 t" 517500 40° 1 10"N 39° 58 58 N Custom Soil Resource Report Area of Interest (AO!) Soils MAP LEGEND Area of Interest (AO!) Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features a V Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot g Spoil Area Stony Spot Very Stony Spot Wet Spot 6 Other Special Line Features Water Features Streams and Canals Transportation }{ } Rails ambso Interstate Highways - US Routes - Major Roads Local Roads Background rq Aerial Photography 11 MAP INFORMATION The soil surveys that comprise your AOI were mapped at scales ranging from 1 20,000 to 1 24,000 Please rely on the bar scale on each map sheet for map measurements Source of Map Natural Resources Conservation Service Web Soil Survey URL Coordinate System Web Mercator (EPSG 3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required This product is generated from the USDA -N RCS certified data as of the version date(s) listed below Soil Survey Area Adams County Area, Parts of Adams and Denver Counties, Colorado Survey Area Data Version 17, Jun 4, 2020 Soil Survey Area Weld County, Colorado, Southern Part Survey Area Data Version 19, Jun 5, 2020 Your area of interest (AOI) includes more than one soil survey area These survey areas may have been mapped at different scales, with a different land use in mind, at different times, or at different levels of detail This may result in map unit symbols, soil properties, and interpretations that do not completely agree across soil survey area boundaries Soil map units are labeled (as space allows) for map scales 1 50,000 or larger Date(s) aenal images were photographed Oct 3, 2018 —Dec 4, 2018 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background Custom Soil Resource Report MAP LEGEND MAP INFORMATION imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Custom Soil Resource Report Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI DaA Dacono loam, 0 to 1 percent slopes 540.0 14.9% DaB Dacono loam, 1 to 3 percent slopes 0.1 0.0% EgA Ellicott-Glenberg complex, 0 to 3 percent slopes, occasionally flooded 89.4 2.5% Gr Gravelly land -Shale outcrop complex 67.6 1.9% Lv Loamy alluvial land, gravelly substratum 229.5 6.3% Lw Loamy alluvial land, moderately wet 109.7 3.0% NuB Nunn clay loam, 1 to 3 percent slopes 57.5 1.6% PIB Platner loam, 0 to 3 percent slopes 189.9 5.2% PIC Platner loam, 3 to 5 percent slopes 50.0 1.4% ReD Renohill loam, 3 to 9 percent slopes 19.1 0.5% Tc Terrace escarpments 117.3 3.2% UIC Ulm loam, 3 to 5 percent slopes 6.2 0.2% UID Ulm loam, 5 to 9 percent slopes 30.0 0.8% VoA Vona sandy loam, 0 to 1 percent slopes 33.0 0.9% W Water 32.9 0.9% Wt Wet alluvial land 149.4 4.1% Subtotals for Soil Survey Area 1,721.5 47.4% Totals for Area of Interest 3,635.0 100.0% Map Unit Syanbol Map Unit Name Acres in AOI Percent of AOI 1 Altvan loam, 0 to 1 percent slopes 416.4 11.5% 2 Altvan loam, 1 to 3 percent slopes 46.4 1.3% 3 Aquolls and Aquents, gravelly substratum 456.9 12.6% 4 Aquolls and Aquepts, flooded 6.6 0.2% 5 Ascalon sandy loam, 0 to 3 percent slopes 0.1 0.0% 13 Custom Soil Resource Report Map Init Symbol Map Unit Name Acres.` in AOI , s °t Percent of AOI .'. 10 Ellicott -Ellicott sandy -skeletal complex, 0 to 3 percent slopes, rarely flooded 195.7 5.4% 21 Dacono day loam, 0 to 1 percent slopes 204.9 5.6% 22 Dacono clay loam, 1 to 3 percent slopes 60.8 1.7% 26 Haverson loam, 1 to 3 percent slopes 12.5 0.3% 33 Kim loam, 3 to 5 percent slopes 2.7 0.1% 36 Midway -Shingle complex, 5 to 20 percent slopes 7.3 0.2% 39 Nunn loam, 0 to 1 percent slopes 14.7 0.4% 40 Nunn loam, 1 to 3 percent slopes 78.9 2.2% 41 Nunn clay loam, 0 to 1 percent slopes 0.0 0.0% 42 Nunn clay loam, 1 to 3 percent slopes 45.1 1.2% 47 Olney fine sandy loam, 1 to 3 percent slopes 116.6 3.2% 52 Otero sandy loam, 3 to 5 percent slopes 32.6 0.9% 53 Otero sandy loam, 5 to 9 percent slopes 9.8 0.3% 67 Ulm clay loam, 3 to 5 percent slopes 2.8 0.1% 68 Ustic Torriorthents, moderately steep 48.5 1.3% 79 Weld loam, 1 to 3 percent slopes 107.8 3.0% 82 Wiley -Colby complex, 1 to 3 percent slopes 8.0 0.2% 85 Water 38.3 1.1% Subtotals for Soil Survey Area 1,913.3 52.6% Totals for Area of Interest 3,635.0 100.0% Map Unit Descriptions The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions, along with the maps, can be used to determine the composition and properties of a unit. A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic 14 Custom Soil Resource Report class there are precisely defined limits for the properties of the soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently, every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils. Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different management. These are called contrasting, or dissimilar, components. They generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate pure taxonomic classes but rather to separate the landscape into landforms or landform segments that have similar use and management requirements. The delineation of such segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, however, onsite investigation is needed to define and locate the soils and miscellaneous areas. An identifying symbol precedes the map unit name in the map unit descriptions. Each description includes general facts about the unit and gives important soil properties and qualities. Soils that have profiles that are almost alike make up a soil series. Except for differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement. Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly indicates a feature that affects use or management. For example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series. Some map units are made up of two or more major soils or miscellaneous areas. These map units are complexes, associations, or undifferentiated groups. A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps. The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha -Beta complex, 0 to 6 percent slopes, is an example. 15 Custom Soil Resource Report An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha -Beta association, 0 to 2 percent slopes, is an example. An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example. Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example. 16 Custom Soil Resource Report Adams County Area, Parts of Adams and Denver Counties, Colorado DaA—Dacono loam, 0 to 1 percent slopes Map Unit Setting National map unit symbol: 34vw Elevation: 3,500 to 5,500 feet Mean annual precipitation: 13 to 15 inches Mean annual air temperature: 48 to 52 degrees F Frost -free period: 135 to 160 days Farmland classification: Prime farmland if irrigated Map Unit Composition Dacono and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Dacono Setting Landform: Terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Parent material: Alluvium derived from mixed Typical profile H1 - 0 to 9 inches: loam H2 - 9 to 17 inches: clay H3 - 17 to 26 inches: sandy clay loam H4 - 26 to 35 inches: loamy coarse sand H5 - 35 to 60 inches: gravelly sand Properties and qualities Slope: 0 to 1 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Maximum salinity: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water capacity: Low (about 5.9 inches) Interpretive groups Land capability classification (irrigated): 3s Land capability classification (nonirrigated): 4c Hydrologic Soil Group: C Ecological site: R067BY042CO - Clayey Plains Hydric soil rating: No 17 Custom Soil Resource Report Minor Components Satanta Percent of map unit: 10 percent Landform: Paleoterraces Hydric soil rating: No Altvan Percent of map unit: 5 percent Hydric soil rating: No DaB—Dacono loam, 1 to 3 percent slopes Map Unit Setting National map unit symbol: 34vx Elevation: 3,500 to 5,500 feet Mean annual precipitation: 13 to 15 inches Mean annual air temperature: 48 to 52 degrees F Frost -free period: 135 to 160 days Farmland classification: Prime farmland if irrigated Map Unit Composition Dacono and similar soils: 90 percent Minor components: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Dacono Setting Landform: Terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Parent material: Alluvium derived from mixed Typical profile H1 - 0 to 9 inches: loam H2 - 9 to 17 inches: clay H3 - 17 to 26 inches: sandy clay loam H4 - 26 to 35 inches: loamy coarse sand H5 - 35 to 60 inches: gravelly sand Properties and qualities Slope: 1 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches 18 Custom Soil Resource Report Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Maximum salinity: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water capacity: Low (about 5.9 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4c Hydrologic Soil Group: C Ecological site: R067BY042CO - Clayey Plains Hydric soil rating: No Minor Components Satanta Percent of map unit: 10 percent Landform: Paleoterraces Hydric soil rating: No EgA—Ellicott-Glenberg complex, 0 to 3 percent slopes, occasionally flooded Map Unit Setting National map unit symbol: 2x0j6 Elevation: 3,950 to 5,960 feet Mean annual precipitation: 13 to 17 inches Mean annual air temperature: 50 to 54 degrees F Frost -free period: 135 to 165 days Farmland classification: Not prime farmland Map Unit Composition Ellicott, occasionally flooded, and similar soils: 65 percent Glenberg, rarely flooded, and similar soils: 20 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Ellicott, Occasionally Flooded Setting Landform: Flood plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Noncalcareous, stratified sandy alluvium Typical profile A - 0 to 4 inches: sand AC - 4 to 13 inches: sand Cl - 13 to 30 inches: sand C2 - 30 to 44 inches: sand C3 - 44 to 80 inches: coarse sand 19 Custom Soil Resource Report Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Somewhat excessively drained Runoff class: Negligible Capacity of the most limiting layer to transmit water (Ksat): High to very high (6.00 to 39.96 in/hr) Depth to water table: More than 80 inches Frequency of flooding: Occasional Frequency of ponding: None Maximum salinity: Nonsaline to very slightly saline (0.1 to 2.0 mmhos/cm) Available water capacity: Very low (about 2.1 inches) Interpretive groups Land capability classification (irrigated): 4e Land capability classification (nonirrigated): 7s Hydrologic Soil Group: A Ecological site: R067BY031 CO - Sandy Bottomland Hydric soil rating: No Description of Glenberg, Rarely Flooded Setting Landform: Ephemeral streams, flood -plain steps Down -slope shape: Linear Across -slope shape: Linear Parent material: Stratified, calcareous alluvium Typical profile A - 0 to 6 inches: sandy loam AC - 6 to 18 inches: sandy loam CI - 18 to 45 inches: sandy loam C2 - 45 to 80 inches: loamy coarse sand Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): High (2.00 to 6.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: Rare Frequency of ponding: None Calcium carbonate, maximum content: 5 percent Maximum salinity: Nonsaline to very slightly saline (0.1 to 2.0 mmhos/cm) Sodium adsorption ratio, maximum: 2.0 Available water capacity: Low (about 5.6 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4c Hydrologic Soil Group: A Ecological site: R067BY031 CO - Sandy Bottomland Hydric soil rating: No 20 Custom Soil Resource Report Minor Components Las animas, occasionally flooded Percent of map unit: 10 percent Landform: Flood plains, ephemeral streams Down -slope shape: Linear Across -slope shape: Concave, linear Ecological site: R067BY038CO - Wet Meadow Hydric soil rating: No Ellicott sandy -skeletal, occasionally flooded Percent of map unit: 5 percent Landform: Channels, flood plains Down -slope shape: Linear Across -slope shape: Concave, linear Ecological site: R067BY031CO - Sandy Bottomland Hydric soil rating: No Gr—Gravelly land -Shale outcrop complex Map Unit Setting National map unit symbol: 34vy Elevation: 4,400 to 5,500 feet Mean annual precipitation: 12 to 14 inches Mean annual air temperature: 46 to 54 degrees F Frost -free period: 120 to 160 days Map Unit Composition Gravelly land: 65 percent Shale outcrop: 35 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Gravelly Land Setting Landform: Hillslopes Landform position (three-dimensional): Side slope Down -slope shape: Linear Across -slope shape: Linear Parent material: Colluvium derived from mixed and/or slope alluvium derived from mixed Typical profile H1 - 0 to 3 inches: gravelly sand H2 - 3 to 60 inches: gravelly sand Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 7s 21 Custom Soil Resource Report Hydrologic Soil Group: A Ecological site: R067BY063CO - Gravel Breaks Hydric soil rating: No Description of Shale Outcrop Typical profile H1 - 0 to 60 inches: unweathered bedrock Properties and qualities Slope: 15 to 45 percent Depth to restrictive feature: 0 inches to paralithic bedrock Runoff class: Very high Capacity of the most limiting layer to transmit water (Ksat): Very low to moderately low (0.00 to 0.06 in/hr) Available water capacity: Very low (about 0.0 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 8s Hydrologic Soil Group: D Ecological site: R067BY045CO - Shaly Plains Hydric soil rating: No Lv—Loamy alluvial land, gravelly substratum Map Unit Setting National map unit symbol: 34w4 Elevation: 4,000 to 8,500 feet Mean annual precipitation: 12 to 14 inches Mean annual air temperature: 45 to 52 degrees F Frost -free period: 75 to 150 days Farmland classification: Not prime farmland Map Unit Composition Loamy alluvial land: 75 percent Minor components: 25 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Loamy Alluvial Land Setting Landform: Drainageways Down -slope shape: Linear Across -slope shape: Linear Parent material: Alluvium derived from mixed Typical profile H1 - 0 to 20 inches: loam H2 - 20 to 60 inches: stratified very gravelly sand to clay 22 Custom Soil Resource Report Properties and qualities Slope: 0 to 2 percent Drainage class: Somewhat excessively drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 5.95 in/hr) Frequency of flooding: OccasionalNone Calcium carbonate, maximum content: 2 percent Maximum salinity: Nonsaline to slightly saline (0.0 to 4.0 mmhos/cm) Sodium adsorption ratio, maximum: 2.0 Available water capacity: Low (about 4.8 inches) Interpretive groups Land capability classification (irrigated): 4w Land capability classification (nonirrigated): 6w Hydrologic Soil Group: A Hydric soil rating: No Minor Components Dacono Percent of map unit: 10 percent Hydric soil rating: No Nunn Percent of map unit: 10 percent Hydric soil rating: No Halaquepts Percent of map unit: 5 percent Landform: Terraces Hydric soil rating: Yes Lw—Loamy alluvial land, moderately wet Map Unit Setting National map unit symbol: 34w5 Elevation: 4,000 to 5,500 feet Mean annual precipitation: 12 to 14 inches Mean annual air temperature: 48 to 52 degrees F Frost -free period: 135 to 155 days Farmland classification: Not prime farmland Map Unit Composition Loamy alluvial land: 70 percent Minor components: 30 percent Estimates are based on observations, descriptions, and transects of the mapunit. Custom Soil Resource Report Description of Loamy Alluvial Land Setting Landform: Drainageways Down -slope shape: Linear Across -slope shape: Linear Parent material: Alluvium derived from mixed Typical profile H1 - 0 to 6 inches: variable H2 - 6 to 36 inches: stratified loam to clay loam H3 - 36 to 60 inches: sand Properties and qualities Slope: 0 to 1 percent Drainage class: Somewhat poorly drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.20 to 6.00 in/hr) Depth to water table: About 18 to 36 inches Calcium carbonate, maximum content: 5 percent Maximum salinity: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water capacity: Low (about 6.0 inches) Interpretive groups Land capability classification (irrigated): 3w Land capability classification (nonirrigated): 4w Hydrologic Soil Group: C Hydric soil rating: No Minor Components Nunn Percent of map unit: 12 percent Hydric soil rating: No Satanta Percent of map unit: 12 percent Landform: Paleoterraces Hydric soil rating: No Fluvaquentic haplustolls Percent of map unit: 6 percent Landform: Sloughs Hydric soil rating: Yes NuB—Nunn clay loam, 1 to 3 percent slopes Map Unit Setting National map unit symbol: 2t1p1 Elevation: 3,900 to 5,840 feet 24 Custom Soil Resource Report Mean annual precipitation: 13 to 17 inches Mean annual air temperature: 50 to 54 degrees F Frost -free period: 135 to 160 days Farmland classification: Prime farmland if irrigated Map Unit Composition Nunn and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Nunn Setting Landform: Terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Parent material: Pleistocene aged alluvium and/or eolian deposits Typical profile Ap - 0 to 9 inches: clay loam Bt - 9 to 13 inches: clay loam Btk - 13 to 25 inches: clay loam Bk1 - 25 to 38 inches: clay loam Bk2 - 38 to 80 inches: clay loam Properties and qualities Slope: 1 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Medium Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 7 percent Maximum salinity: Nonsaline to very slightly saline (0.1 to 2.0 mmhos/cm) Sodium adsorption ratio, maximum: 0.5 Available water capacity: High (about 9.9 inches) Interpretive groups Land capability classification (irrigated): 2e Land capability classification (nonirrigated): 3e Hydrologic Soil Group: C Ecological site: R067BY042CO - Clayey Plains Hydric soil rating: No Minor Components Heldt Percent of map unit: 10 percent Landform: Terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Ecological site: R067BY042CO - Clayey Plains 25 Custom Soil Resource Report Hydric soil rating: No Satanta Percent of map unit: 5 percent Landform: Terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No PIB—Platner loam, 0 to 3 percent slopes Map Unit Setting National map unit symbol: 2tIn0 Elevation: 4,000 to 4,930 feet Mean annual precipitation: 14 to 17 inches Mean annual air temperature: 46 to 50 degrees F Frost -free period: 135 to 160 days Farmland classification: Prime farmland if irrigated Map Unit Composition Platner and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Platner Setting Landform: Interfluves Landform position (two-dimensional): Summit Landform position (three-dimensional): Interfluve Down -slope shape: Linear Across -slope shape: Linear Parent material: Mixed eolian deposits over tertiary aged alluvium derived from igneous, metamorphic and sedimentary rock Typical profile Ap - 0 to 6 inches: loam Bt1 - 6 to 11 inches: clay Bt2 - 11 to 20 inches: clay Bk1 - 20 to 27 inches: loam Bk2 - 27 to 37 inches: sandy clay loam C - 37 to 80 inches: sandy clay loam Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Medium 26 Custom Soil Resource Report Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Maximum salinity: Nonsaline (0.0 to 1.0 mmhos/cm) Available water capacity: Moderate (about 8.1 inches) Interpretive groups Land capability classification (irrigated): 3s Land capability classification (nonirrigated): 4s Hydrologic Soil Group: C Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No Minor Components Ascalon Percent of map unit: 10 percent Landform: Interfluves Landform position (two-dimensional): Summit, shoulder Landform position (three-dimensional): Interfluve Down -slope shape: Linear Across -slope shape: Linear Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No Rago, rarely flooded Percent of map unit: 4 percent Landform: Drainageways Landform position (two-dimensional): Toeslope Landform position (three-dimensional): Base slope, head slope Down -slope shape: Linear Across -slope shape: Concave Ecological site: R067BY036CO - Overflow Hydric soil rating: No Rago, ponded Percent of map unit: 1 percent Landform: Playas Landform position (two-dimensional): Summit Landform position (three-dimensional): Interfluve Down -slope shape: Concave Across -slope shape: Concave Ecological site: R067BY010CO - Closed Upland Depression Hydric soil rating: No 27 Custom Soil Resource Report PIC—Platner loam, 3 to 5 percent slopes Map Unit Setting National map unit symbol: 2tlmz Elevation: 3,580 to 5,600 feet Mean annual precipitation: 13 to 19 inches Mean annual air temperature: 46 to 52 degrees F Frost -free period: 140 to 165 days Farmland classification: Prime farmland if irrigated Map Unit Composition Platner and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Platner Setting Landform: Interfluves Landform position (two-dimensional): Summit Landfonn position (three-dimensional): Interfluve Down -slope shape: Linear Across -slope shape: Linear Parent material: Mixed eolian deposits over calcareous tertiary alluvium Typical profile Ap - 0 to 6 inches: loam Bt1 - 6 to 11 inches: clay Bt2 - 11 to 20 inches: clay Bk1 - 20 to 27 inches: clay loam Bk2 - 27 to 37 inches: sandy clay loam C - 37 to 80 inches: sandy loam Properties and qualities Slope: 3 to 5 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Medium Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Maximum salinity: Nonsaline (0.1 to 1.0 mmhos/cm) Available water capacity: Moderate (about 7.9 inches) Interpretive groups Land capability classification (irrigated): 4e Land capability classification (nonirrigated): 4e 28 Custom Soil Resource Report Hydrologic Soil Group: C Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No Minor Components Wages Percent of map unit: 10 percent Landform: Interfluves Landform position (two-dimensional): Summit Down -slope shape: Linear Across -slope shape: Linear Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No Stoneham Percent of map unit: 5 percent Landform: I nterfluves Landform position (two-dimensional): Summit Landform position (three-dimensional): Interfluve Down -slope shape: Linear Across -slope shape: Linear Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No ReD—Renohill loam, 3 to 9 percent slopes Map Unit Setting National map unit symbol: 34wg Elevation: 4,000 to 5,600 feet Mean annual precipitation: 12 to 14 inches Mean annual air temperature: 48 to 52 degrees F Frost -free period: 125 to 155 days Farmland classification: Not prime farmland Map Unit Composition Renohill and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Renohill Setting Landfonn: Plains Landform position (three-dimensional): Talf Down -slope shape: Linear Across -slope shape: Linear Parent material: Residuum weathered from shale Typical profile H1 - 0 to 4 inches: loam 29 Custom Soil Resource Report H2 - 4 to 23 inches: clay H3 - 23 to 28 inches: clay loam H4 - 28 to 32 inches: unweathered bedrock Properties and qualities Slope: 3 to 9 percent Depth to restrictive feature: 20 to 40 inches to paralithic bedrock Drainage class: Well drained Runoff class: Medium Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Maximum salinity: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water capacity: Low (about 4.8 inches) Interpretive groups Land capability classification (irrigated): 4e Land capability classification (nonirrigated): 6e Hydrologic Soil Group: D Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No Minor Components Samsil Percent of map unit: 5 percent Hydric soil rating: No Shingle Percent of map unit: 5 percent Hydric soil rating: No Terry Percent of map unit: 5 percent Hydric soil rating: No Tc—Terrace escarpments Map Unit Setting National map unit symbol: 34ws Elevation: 4,400 to 5,500 feet Mean annual precipitation: 12 to 14 inches Mean annual air temperature: 46 to 54 degrees F Frost -free period: 120 to 160 days Farmland classification: Not prime farmland Map Unit Composition Terrace escarpments: 90 percent 30 Custom Soil Resource Report Minor components: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Terrace Escarpments Setting Landform: Terraces Landform position (three-dimensional): Riser Down -slope shape: Linear Across -slope shape: Linear Parent material: Alluvium derived from mixed Typical profile H1 - 0 to 3 inches: gravelly sand H2 - 3 to 60 inches: gravelly sand Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 7s Hydrologic Soil Group: A Ecological site: R067BY063CO - Gravel Breaks Hydric soil rating: No Minor Components Vona Percent of map unit: 5 percent Hydric soil rating: No Dacono Percent of map unit: 5 percent Hydric soil rating: No UIC—Ulm loam, 3 to 5 percent slopes Map Unit Setting National map unit symbol: 34x4 Elevation: 4,000 to 5,600 feet Mean annual precipitation: 12 to 14 inches Mean annual air temperature: 48 to 52 degrees F Frost -free period: 125 to 155 days Farmland classification: Prime farmland if irrigated Map Unit Composition Ulm and similar soils: 80 percent Minor components: 20 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Ulm Setting Landform: Plains 31 Custom Soil Resource Report Landform position (three-dimensional): Talf Down -slope shape: Linear Across -slope shape: Linear Parent material: Residuum weathered from sandstone and shale Typical profile H1 - 0 to 7 inches: loam H2 - 7 to 13 inches: silty clay H3 - 13 to 30 inches: clay H4 - 30 to 48 inches: clay loam H5 - 48 to 52 inches: unweathered bedrock Properties and qualities Slope: 3 to 5 percent Depth to restrictive feature: 40 to 60 inches to paralithic bedrock Drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Maximum salinity: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water capacity: Moderate (about 8.2 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4e Hydrologic Soil Group: C Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No Minor Components Renohill Percent of map unit: 13 percent Hydric soil rating: No Shingle Percent of map unit: 5 percent Hydric soil rating: No Apishapa Percent of map unit: 2 percent Landform: Swales Hydric soil rating: Yes UID—Ulm loam, 5 to 9 percent slopes Map Unit Setting National map unit symbol: 34x5 32 Custom Soil Resource Report Elevation: 4,000 to 5,600 feet Mean annual precipitation: 12 to 14 inches Mean annual air temperature: 48 to 52 degrees F Frost -free period: 125 to 155 days Farmland classification: Not prime farmland Map Unit Composition Ulm and similar soils: 80 percent Minor components: 20 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Ulm Setting Landform: Plains Landform position (three-dimensional): Talf Down -slope shape: Linear Across -slope shape: Linear Parent material: Residuum weathered from sandstone and shale Typical profile H1 - 0 to 4 inches: loam H2 - 4 to 13 inches: silty clay H3 - 13 to 30 inches: clay H4 - 30 to 48 inches: clay loam H5 - 48 to 52 inches: unweathered bedrock Properties and qualities Slope: 5 to 9 percent Depth to restrictive feature: 40 to 60 inches to paralithic bedrock Drainage class: Well drained Runoff class: Medium Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Maximum salinity: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water capacity: Moderate (about 8.2 inches) Interpretive groups Land capability classification (irrigated): 4e Land capability classification (nonirrigated): 6e Hydrologic Soil Group: C Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No Minor Components Shingle Percent of map unit: 10 percent Hydric soil rating: No Renohill Percent of map unit: 8 percent Hydric soil rating: No 33 Custom Soil Resource Report Apishapa Percent of map unit: 2 percent Landform: Swales Hydric soil rating: Yes VoA—Vona sandy loam, 0 to 1 percent slopes Map Unit Setting National map unit symbol: 34x9 Elevation: 4,000 to 5,600 feet Mean annual precipitation: 13 to 15 inches Mean annual air temperature: 48 to 52 degrees F Frost -free period: 125 to 155 days Farmland classification: Prime farmland if irrigated and the product of I (soil erodibility) x C (climate factor) does not exceed 60 Map Unit Composition Vona and similar soils: 90 percent Minor components: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Vona Setting Landform: Plains Landform position (three-dimensional): Talf Down -slope shape: Linear Across -slope shape: Linear Parent material: Eolian sands Typical profile H1 - 0 to 9 inches: sandy loam H2 - 9 to 22 inches: sandy loam H3 - 22 to 60 inches: loamy sand Properties and qualities Slope: 0 to 1 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): High (1.98 to 6.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 10 percent Gypsum, maximum content: 2 percent Maximum salinity: Nonsaline to slightly saline (0.0 to 4.0 mmhos/cm) Available water capacity: Moderate (about 6.3 inches) 34 Custom Soil Resource Report Interpretive groups Land capability classification (irrigated): 2s Land capability classification (nonirrigated): 4c Hydrologic Soil Group: A Ecological site: R067BY024CO - Sandy Plains Hydric soil rating: No Minor Components Dacono Percent of map unit: 5 percent Hydric soil rating: No Truckton Percent of map unit: 5 percent Hydric soil rating: No W —Water Map Unit Setting National map unit symbol: wdnx Mean annual precipitation: 12 to 14 inches Farmland classification: Not prime farmland Map Unit Composition Water: 80 percent Minor components: 20 percent Estimates are based on observations, descriptions, and transects of the mapunit. Minor Components Other soils Percent of map unit: 10 percent Hydric soil rating: No Aquolls Percent of map unit: 10 percent Landform: Marshes Hydric soil rating: Yes Wt —Wet alluvial land Map Unit Setting National map unit symbol: 34xj Elevation: 4,000 to 5,600 feet Mean annual precipitation: 12 to 14 inches 35 Custom Soil Resource Report Mean annual air temperature: 48 to 52 degrees F Frost -free period: 125 to 155 days Farmland classification: Not prime farmland Map Unit Composition Wet alluvial land: 100 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Wet Alluvial Land Setting Landform: Flood plains Landform position (three-dimensional): Talf Down -slope shape: Linear Across -slope shape: Linear Parent material: Alluvium derived from mixed Typical profile H1 - 0 to 8 inches: variable H2 - 8 to 36 inches: stratified sandy loam to clay H3 - 36 to 60 inches: sand Properties and qualities Slope: 0 to 1 percent Drainage class: Poorly drained Runoff class: Very high Capacity of the most limiting layer to transmit water (Ksat): Moderately low to high (0.06 to 6.00 in/hr) Depth to water table: About 6 to 24 inches Frequency of flooding: FrequentNone Calcium carbonate, maximum content: 15 percent Maximum salinity: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water capacity: Low (about 4.8 inches) Interpretive groups Land capability classification (irrigated): 5w Land capability classification (nonirrigated): 5w Hydrologic Soil Group: D Ecological site: R067BY038CO - Wet Meadow Hydric soil rating: Yes Custom Soil Resource Report Weld County, Colorado, Southern Part 1—Altvan loam, 0 to 1 percent slopes Map Unit Setting National map unit symbol: 361j Elevation: 4,500 to 4,900 feet Mean annual precipitation: 14 to 16 inches Mean annual air temperature: 46 to 48 degrees F Frost -free period: 130 to 150 days Farmland classification: Not prime farmland Map Unit Composition Altvan and similar soils: 90 percent Minor components: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Altvan Setting Landform: Terraces Down -slope shape: Linear Across -slope shape: Linear Parent material: Old alluvium Typical profile H1 - 0 to 10 inches: loam H2 - 10 to 25 inches: clay loam H3 - 25 to 60 inches: gravelly sand Properties and qualities Slope: 0 to 1 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.20 to 2.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 5 percent Available water capacity: Low (about 5.7 inches) Interpretive groups Land capability classification (irrigated): 3s Land capability classification (nonirrigated): 4e Hydrologic Soil Group: B Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No Minor Components Cascajo Percent of map unit: 9 percent Hydric soil rating: No 37 Custom Soil Resource Report Aquic haplustolls Percent of map unit: 1 percent Landform: Swales Hydric soil rating: Yes 2—Altvan loam, 1 to 3 percent slopes Map Unit Setting National map unit symbol: 361w Elevation: 4,500 to 4,900 feet Mean annual precipitation: 14 to 16 inches Mean annual air temperature: 46 to 48 degrees F Frost -free period: 130 to 150 days Farmland classification: Prime farmland if irrigated Map Unit Composition Altvan and similar soils: 90 percent Minor components: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Altvan Setting Landform: Terraces Down -slope shape: Linear Across -slope shape: Linear Parent material: Old alluvium Typical profile H1 - 0 to 10 inches: loam H2 - 10 to 24 inches: sandy clay loam H3 - 24 to 60 inches: gravelly sand Properties and qualities Slope: 1 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.20 to 2.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 5 percent Available water capacity: Low (about 5.6 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4e Hydrologic Soil Group: B 38 Custom Soil Resource Report Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No Minor Components Cascajo Percent of map unit: 9 percent Hydric soil rating: No Aquic haplustolls Percent of map unit: 1 percent Landform: Swales Hydric soil rating: Yes 3—Aquolls and Aquents, gravelly substratum Map Unit Setting National map unit symbol: 3627 Elevation: 4,000 to 7,200 feet Mean annual precipitation: 12 to 18 inches Mean annual air temperature: 45 to 55 degrees F Frost -free period: 80 to 155 days Farmland classification: Prime farmland if drained and either protected from flooding or not frequently flooded during the growing season Map Unit Composition Aquolls and similar soils: 55 percent Aquents, gravelly substratum, and similar soils: 30 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Aquolls Setting Landform: Streams, flood plains, swales Down -slope shape: Linear Across -slope shape: Linear Parent material: Recent alluvium Typical profile H1 - 0 to 48 inches: loam H2 - 48 to 60 inches: gravelly sand Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Poorly drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.20 to 2.00 in/hr) Depth to water table: About 6 to 48 inches 39 Custom Soil Resource Report Frequency of flooding: FrequentNone Frequency of ponding: None Maximum salinity: Nonsaline to slightly saline (0.0 to 4.0 mmhos/cm) Available water capacity: Moderate (about 8.0 inches) Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 6w Hydrologic Soil Group: D Ecological site: R067BY035CO - Salt Meadow Hydric soil rating: Yes Description of Aquents, Gravelly Substratum Setting Landform: Stream terraces Down -slope shape: Linear Across -slope shape: Linear Parent material: Recent alluvium Typical profile H1 - 0 to 48 inches: variable H2 - 48 to 60 inches: very gravelly sand Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Poorly drained Runoff class: Very high Capacity of the most limiting layer to transmit water (Ksat): Moderately high to very high (0.57 to 19.98 in/hr) Depth to water table: About 6 to 24 inches Frequency of flooding: FrequentNone Frequency of ponding: None Calcium carbonate, maximum content: 10 percent Maximum salinity: Nonsaline to moderately saline (0.0 to 8.0 mmhos/cm) Available water capacity: Moderate (about 6.6 inches) Interpretive groups Land capability classification (irrigated): 6w Land capability classification (nonirrigated): 6w Hydrologic Soil Group: D Ecological site: R067BY035CO - Salt Meadow Hydric soil rating: Yes Minor Components Bankard Percent of map unit: 10 percent Hydric soil rating: No Ustic torrifluvents Percent of map unit: 5 percent Hydric soil rating: No Custom Soil Resource Report 4—Aquolls and Aquepts, flooded Map Unit Setting National map unit symbol: 3621 Elevation: 3,600 to 4,700 feet Mean annual precipitation: 12 to 16 inches Mean annual air temperature: 50 to 55 degrees F Frost -free period: 100 to 165 days Farmland classification: Prime farmland if drained and either protected from flooding or not frequently flooded during the growing season Map Unit Composition Aquolls and similar soils: 55 percent Aquepts, flooded, and similar soils: 25 percent Minor components: 20 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Aquolls Setting Landform: Drainageways, plains, depressions Down -slope shape: Linear Across -slope shape: Linear Parent material: Recent alluvium Typical profile H1 - 0 to 8 inches: variable H2 - 8 to 60 inches: stratified sandy loam to clay Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Poorly drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): Moderately low to high (0.06 to 6.00 in/hr) Depth to water table: About 6 to 36 inches Frequency of flooding: FrequentNone Frequency of ponding: None Calcium carbonate, maximum content: 10 percent Maximum salinity: Moderately saline to strongly saline (8.0 to 16.0 mmhos/cm) Sodium adsorption ratio, maximum: 5.0 Available water capacity: Low (about 4.7 inches) Interpretive groups Land capability classification (irrigated): 6w Land capability classification (nonirrigated): 6w Hydrologic Soil Group: D Ecological site: R067BY035CO - Salt Meadow 41 Custom Soil Resource Report Hydric soil rating: Yes Description of Aquepts, Flooded Setting Landform: Stream terraces Down -slope shape: Linear Across -slope shape: Linear Parent material: Recent alluvium Typical profile H1 - 0 to 8 inches: variable H2 - 8 to 60 inches: stratified sandy loam to clay Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Poorly drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): Moderately low to high (0.06 to 6.00 in/hr) Depth to water table: About 6 to 36 inches Frequency of flooding: FrequentNone Frequency of ponding: None Calcium carbonate, maximum content: 10 percent Maximum salinity: Moderately saline to strongly saline (8.0 to 16.0 mmhos/cm) Sodium adsorption ratio, maximum: 5.0 Available water capacity: Low (about 4.7 inches) Interpretive groups Land capability classification (irrigated): 6w Land capability classification (nonirrigated): 6w Hydrologic Soil Group: D Ecological site: R067BY038CO - Wet Meadow Hydric soil rating: Yes Minor Components Haverson Percent of map unit: 10 percent Hydric soil rating: No Thedalund Percent of map unit: 10 percent Hydric soil rating: No 5 Ascalon sandy loam, 0 to 3 percent slopes Map Unit Setting National map unit symbol: 2sw13 Elevation: 3,870 to 5,960 feet 42 Custom Soil Resource Report Mean annual precipitation: 12 to 16 inches Mean annual air temperature: 46 to 57 degrees F Frost -free period: 135 to 160 days Farmland classification: Prime farmland if irrigated and the product of I (soil erodibility) x C (climate factor) does not exceed 60 Map Unit Composition Ascalon and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Ascalon Setting Landform: I nterfluves Landform position (two-dimensional): Summit Down -slope shape: Linear Across -slope shape: Linear Parent material: Wind -reworked alluvium and/or calcareous sandy eolian deposits Typical profile Ap - 0 to 6 inches: sandy loam Bt1 - 6 to 12 inches: sandy clay loam Bt2 - 12 to 19 inches: sandy clay loam Bk - 19 to 35 inches: sandy clay loam C - 35 to 80 inches: sandy loam Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.60 to 2.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 10 percent Maximum salinity: Nonsaline to very slightly saline (0.1 to 2.0 mmhos/cm) Sodium adsorption ratio, maximum: 1.0 Available water capacity: Moderate (about 7.7 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4c Hydrologic Soil Group: B Ecological site: R067BY024CO - Sandy Plains Hydric soil rating: No Minor Components Olnest Percent of map unit: 10 percent Landform: Interfluves Landform position (two-dimensional): Summit Landform position (three-dimensional): Tread Down -slope shape: Linear 43 Custom Soil Resource Report Across -slope shape: Linear Ecological site: R067BY024CO - Sandy Plains Hydric soil rating: No Vona Percent of map unit: 5 percent Landform: I nterfluves Landform position (two-dimensional): Summit Down -slope shape: Linear Across -slope shape: Linear Ecological site: R067BY024CO - Sandy Plains Hydric soil rating: No 10 —Ellicott -Ellicott sandy -skeletal complex, 0 to 3 percent slopes, rarely flooded Map Unit Setting National map unit symbol: 2xsth Elevation: 3,950 to 5,960 feet Mean annual precipitation: 13 to 17 inches Mean annual air temperature: 50 to 54 degrees F Frost -free period: 135 to 165 days Farmland classification: Prime farmland if irrigated and the product of I (soil erodibility) x C (climate factor) does not exceed 60 Map Unit Composition Ellicott, rarely flooded, and similar soils: 65 percent Ellicott sandy -skeletal, rarely flooded, and similar soils: 25 percent Minor components: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Ellicott, Rarely Flooded Setting Landform: Flood plains on intermittent streams, drainageways Down -slope shape: Linear Across -slope shape: Concave Parent material: Noncalcareous, stratified sandy alluvium Typical profile A - 0 to 4 inches: sand AC - 4 to 13 inches: sand Cl - 13 to 30 inches: sand C2 - 30 to 44 inches: sand C3 - 44 to 80 inches: coarse sand Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Excessively drained Runoff class: Negligible 44 Custom Soil Resource Report Capacity of the most limiting layer to transmit water (Ksat): High to very high (13.00 to 39.96 in/hr) Depth to water table: More than 80 inches Frequency of flooding: Rare Frequency of ponding: None Maximum salinity: Nonsaline to very slightly saline (0.1 to 2.0 mmhos/cm) Available water capacity: Very low (about 2.1 inches) Interpretive groups Land capability classification (irrigated): 4e Land capability classification (nonirrigated): 7s Hydrologic Soil Group: A Ecological site: R067BY031 CO - Sandy Bottomland Hydric soil rating: No Description of Ellicott Sandy -skeletal, Rarely Flooded Setting Landform: Channels on intermittent streams, channels on drainageways Down -slope shape: Linear Across -slope shape: Concave, linear Parent material: Noncalcareous, stratified sandy alluvium Typical profile A - 0 to 4 inches: very gravelly coarse sand AC - 4 to 13 inches: very gravelly sand Cl - 13 to 30 inches: very gravelly sand C2 - 30 to 44 inches: very gravelly sand C3 - 44 to 80 inches: very gravelly coarse sand Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Excessively drained Runoff class: Negligible Capacity of the most limiting layer to transmit water (Ksat): High to very high (13.00 to 39.96 in/hr) Depth to water table: More than 80 inches Frequency of flooding: Rare Frequency of ponding: None Maximum salinity: Nonsaline to very slightly saline (0.1 to 2.0 mmhos/cm) Available water capacity: Very low (about 1.2 inches) Interpretive groups Land capability classification (irrigated): 4s Land capability classification (nonirrigated): 8s Hydrologic Soil Group: A Ecological site: R067BY031 CO - Sandy Bottomland Hydric soil rating: No Minor Components Haverson Percent of map unit: 10 percent Landform: Terraces Landform position (three-dimensional): Tread Down -slope shape: Linear 45 Custom Soil Resource Report Across -slope shape: Linear Ecological site: R067BY036CO - Overflow Hydric soil rating: No 21—Dacono clay loam, 0 to 1 percent slopes Map Unit Setting National map unit symbol: 361y Elevation: 4,550 to 4,970 feet Mean annual precipitation: 14 to 18 inches Mean annual air temperature: 48 to 52 degrees F Frost -free period: 140 to 160 days Farmland classification: Prime farmland if irrigated Map Unit Composition Dacono and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Dacono Setting Landform: Terraces Down -slope shape: Linear Across -slope shape: Linear Parent material: Mixed alluvium Typical profile H1 - 0 to 12 inches: clay loam H2 - 12 to 21 inches: clay loam H3 - 21 to 27 inches: clay loam H4 - 27 to 60 inches: very gravelly sand Properties and qualities Slope: 0 to 1 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high (0.20 to 0.60 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Maximum salinity: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water capacity: Moderate (about 6.3 inches) Interpretive groups Land capability classification (irrigated): 2s Land capability classification (nonirrigated): 3s 46 Custom Soil Resource Report Hydrologic Soil Group: C Ecological site: R067BY042CO - Clayey Plains Hydric soil rating: No Minor Components Heldt Percent of map unit: 5 percent Hydric soil rating: No Altvan Percent of map unit: 5 percent Hydric soil rating: No Nunn Percent of map unit: 5 percent Hydric soil rating: No 22—Dacono clay loam, 1 to 3 percent slopes Map Unit Setting National map unit symbol: 361z Elevation: 4,550 to 4,970 feet Mean annual precipitation: 14 to 18 inches Mean annual air temperature: 48 to 52 degrees F Frost -free period: 140 to 160 days Farmland classification: Prime farmland if irrigated Map Unit Composition Dacono and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Dacono Setting Landform: Terraces Down -slope shape: Linear Across -slope shape: Linear Parent material: Mixed alluvium Typical profile H1 - 0 to 12 inches: clay loam H2 - 12 to 21 inches: clay loam H3 - 21 to 27 inches: clay loam H4 - 27 to 60 inches: very gravelly sand Properties and qualities Slope: 1 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Low 47 Custom Soil Resource Report Capacity of the most limiting layer to transmit water (Ksat): Moderately high (0.20 to 0.60 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Maximum salinity: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water capacity: Moderate (about 6.3 inches) Interpretive groups Land capability classification (irrigated): 2e Land capability classification (nonirrigated): 3s Hydrologic Soil Group: C Ecological site: R067BY042CO - Clayey Plains Hydric soil rating: No Minor Components Altvan Percent of map unit: 9 percent Hydric soil rating: No Nunn Percent of map unit: 6 percent Hydric soil rating: No 26—Haverson loam, 1 to 3 percent slopes Map Unit Setting National map unit symbol: 2tlg0 Elevation: 4,140 to 5,080 feet Mean annual precipitation: 13 to 17 inches Mean annual air temperature: 50 to 54 degrees F Frost -free period: 135 to 160 days Farmland classification: Prime farmland if irrigated Map Unit Composition Haverson, rarely flooded, and similar soils: 90 percent Minor components: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Haverson, Rarely Flooded Setting Landform: Terraces, flood plains Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Parent material: Stratified alluvium derived from mixed sources 48 Custom Soil Resource Report Typical profile Ap - 0 to 4 inches: loam A - 4 to 11 inches: loam CI - 11 to 19 inches: loam C2 - 19 to 80 inches: stratified sandy loam to loam Properties and qualities Slope: 1 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.20 to 6.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: Rare Frequency of ponding: None Calcium carbonate, maximum content: 5 percent Maximum salinity: Nonsaline to very slightly saline (0.1 to 2.0 mmhos/cm) Sodium adsorption ratio, maximum: 1.0 Available water capacity: Moderate (about 7.6 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4c Hydrologic Soil Group: B Ecological site: R067BY036CO - Overflow Hydric soil rating: No Minor Components Bijou Percent of map unit: 10 percent Landform: Stream terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Ecological site: R067BY024CO - Sandy Plains Hydric soil rating: No 33 —Kim loam, 3 to 5 percent slopes Map Unit Setting National map unit symbol: 362c Elevation: 4,900 to 5,250 feet Mean annual precipitation: 13 to 17 inches Mean annual air temperature: 46 to 52 degrees F Frost -free period: 125 to 150 days Farmland classification: Farmland of statewide importance 49 Custom Soil Resource Report Map Unit Composition Kim and similar soils: 90 percent Minor components: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Kim Setting Landform: Alluvial fans, plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Mixed eolian deposits derived from sedimentary rock Typical profile H1 - 0 to 12 inches: loam H2 - 12 to 40 inches: loam H3 - 40 to 60 inches: fine sandy loam Properties and qualities Slope: 3 to 5 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 5.95 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Available water capacity: Moderate (about 9.0 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4e Hydrologic Soil Group: A Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No Minor Components Otero Percent of map unit: 10 percent Hydric soil rating: No 36 —Midway -Shingle complex, 5 to 20 percent slopes Map Unit Setting National map unit symbol: 362g Elevation: 5,050 to 5,250 feet Mean annual precipitation: 10 to 17 inches 50 Custom Soil Resource Report Mean annual air temperature: 46 to 52 degrees F Frost -free period: 100 to 180 days Farmland classification: Not prime farmland Map Unit Composition Midway and similar soils: 50 percent Shingle and similar soils: 35 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Midway Setting Landform: Ridges, hills Down -slope shape: Linear Across -slope shape: Linear Parent material: Calcareous residuum weathered from shale Typical profile H1 - 0 to 7 inches: clay H2 - 7 to 13 inches: clay H3 - 13 to 17 inches: weathered bedrock Properties and qualities Slope: 5 to 20 percent Depth to restrictive feature: 6 to 20 inches to paralithic bedrock Drainage class: Well drained Runoff class: Medium Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Gypsum, maximum content: 15 percent Maximum salinity: Very slightly saline to moderately saline (2.0 to 8.0 mmhos/cm) Sodium adsorption ratio, maximum: 15.0 Available water capacity: Very low (about 2.0 inches) Interpretive groups Land capability classification (irrigated): 6e Land capability classification (nonirrigated): 6e Hydrologic Soil Group: D Ecological site: R067BY045CO - Shaly Plains Hydric soil rating: No Description of Shingle Setting Landform: Hills, ridges Down -slope shape: Linear Across -slope shape: Linear Parent material: Residuum weathered from calcareous shale Typical profile H1 - 0 to 6 inches: loam H2 - 6 to 18 inches: clay loam 51 Custom Soil Resource Report H3 - 18 to 22 inches: unweathered bedrock Properties and qualities Slope: 5 to 20 percent Depth to restrictive feature: 10 to 20 inches to paralithic bedrock Drainage class: Well drained Runoff class: Medium Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Maximum salinity: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water capacity: Low (about 3.3 inches) Interpretive groups Land capability classification (irrigated): 6s Land capability classification (nonirrigated): 6s Hydrologic Soil Group: D Ecological site: R067BY045CO - Shaly Plains Hydric soil rating: No Minor Components Renohill Percent of map unit: 8 percent Hydric soil rating: No Tassel Percent of map unit: 7 percent Hydric soil rating: No 39 —Nunn loam, 0 to 1 percent slopes Map Unit Setting National map unit symbol: 2t1n3 Elevation: 3,900 to 6,250 feet Mean annual precipitation: 13 to 16 inches Mean annual air temperature: 46 to 54 degrees F Frost -free period: 135 to 160 days Farmland classification: Prime farmland if irrigated Map Unit Composition Nunn and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. 52 Custom Soil Resource Report Description of Nunn Setting Landform: Terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Parent material: Pleistocene aged alluvium and/or eolian deposits Typical profile Ap - 0 to 6 inches: loam Bt1 - 6 to 10 inches: clay loam Bt2 - 10 to 26 inches: clay loam Btk - 26 to 31 inches: clay loam Bk1 - 31 to 47 inches: loam Bk2 - 47 to 80 inches: loam Properties and qualities Slope: 0 to 1 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Medium Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 7 percent Maximum salinity: Nonsaline (0.1 to 1.0 mmhos/cm) Sodium adsorption ratio, maximum: 0.5 Available water capacity: High (about 9.2 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4c Hydrologic Soil Group: C Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No Minor Components Haverson, rarely flooded Percent of map unit: 10 percent Landform: Drainageways Down -slope shape: Linear Across -slope shape: Concave Ecological site: R067BY036CO - Overflow Hydric soil rating: No Heldt Percent of map unit: 5 percent Landform: Terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Ecological site: R067BY042CO - Clayey Plains 53 Custom Soil Resource Report Hydric soil rating: No 40 —Nunn loam, 1 to 3 percent slopes Map Unit Setting National map unit symbol: 2t1n2 Elevation: 3,900 to 6,250 feet Mean annual precipitation: 13 to 16 inches Mean annual air temperature: 46 to 54 degrees F Frost -free period: 135 to 160 days Farmland classification: Prime farmland if irrigated Map Unit Composition Nunn and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Nunn Setting Landform: Terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Parent material: Pleistocene aged alluvium and/or eolian deposits Typical profile Ap - 0 to 6 inches: loam Bt1 - 6 to 10 inches: clay loam Bt2 - 10 to 26 inches: clay loam Btk - 26 to 31 inches: clay loam Bk1 - 31 to 47 inches: loam Bk2 - 47 to 80 inches: loam Properties and qualities Slope: 1 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Medium Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 7 percent Maximum salinity: Nonsaline (0.1 to 1.0 mmhos/cm) Sodium adsorption ratio, maximum: 0.5 Available water capacity: High (about 9.2 inches) Interpretive groups Land capability classification (irrigated): 3e 54 Custom Soil Resource Report Land capability classification (nonirrigated): 4e Hydrologic Soil Group: C Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No Minor Components Wages Percent of map unit: 8 percent Landform: Alluvial fans, terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No Fort collins Percent of map unit: 5 percent Landform: Terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No Haverson, very rarely flooded Percent of map unit: 2 percent Landform: Drainageways, terraces, alluvial fans Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Concave, linear Ecological site: R067BY036CO - Overflow Hydric soil rating: No 41 —Nunn clay loam, 0 to 1 percent slopes Map Unit Setting National map unit symbol: 2ting Elevation: 4,100 to 5,700 feet Mean annual precipitation: 14 to 15 inches Mean annual air temperature: 48 to 52 degrees F Frost -free period: 135 to 152 days Farmland classification: Prime farmland if irrigated Map Unit Composition Nunn and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. 55 Custom Soil Resource Report Description of Nunn Setting Landform: Terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Parent material: Pleistocene aged alluvium and/or eolian deposits Typical profile Ap - 0 to 6 inches: clay loam Bt1 - 6 to 10 inches: clay loam Bt2 - 10 to 26 inches: clay loam Btk - 26 to 31 inches: clay loam Bk1 - 31 to 47 inches: loam Bk2 - 47 to 80 inches: loam Properties and qualities Slope: 0 to 1 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Medium Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 7 percent Maximum salinity: Nonsaline (0.1 to 1.0 mmhos/cm) Sodium adsorption ratio, maximum: 0.5 Available water capacity: High (about 9.1 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4e Hydrologic Soil Group: C Ecological site: R067BY042CO - Clayey Plains Hydric soil rating: No Minor Components Heldt Percent of map unit: 10 percent Landform: Terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Ecological site: R067BY042CO - Clayey Plains Hydric soil rating: No Wages Percent of map unit: 5 percent Landform: Terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear 56 Custom Soil Resource Report Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No 42 —Nunn clay loam, 1 to 3 percent slopes Map Unit Setting National map unit symbol: 2t1p1 Elevation: 3,900 to 5,840 feet Mean annual precipitation: 13 to 17 inches Mean annual air temperature: 50 to 54 degrees F Frost -free period: 135 to 160 days Farmland classification: Prime farmland if irrigated Map Unit Composition Nunn and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Nunn Setting Landform: Terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Parent material: Pleistocene aged alluvium and/or eolian deposits Typical profile Ap - 0 to 9 inches: clay loam Bt - 9 to 13 inches: clay loam Btk - 13 to 25 inches: clay loam Bk1 - 25 to 38 inches: clay loam Bk2 - 38 to 80 inches: clay loam Properties and qualities Slope: 1 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Medium Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 7 percent Maximum salinity: Nonsaline to very slightly saline (0.1 to 2.0 mmhos/cm) Sodium adsorption ratio, maximum: 0.5 Available water capacity: High (about 9.9 inches) Interpretive groups Land capability classification (irrigated): 2e 57 Custom Soil Resource Report Land capability classification (nonirrigated): 3e Hydrologic Soil Group: C Ecological site: R067BY042CO - Clayey Plains Hydric soil rating: No Minor Components Heldt Percent of map unit: 10 percent Landform: Terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Ecological site: R067BY042CO - Clayey Plains Hydric soil rating: No Satanta Percent of map unit: 5 percent Landform: Terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No 47 —Olney fine sandy loam, 1 to 3 percent slopes Map Unit Setting National map unit symbol: 362v Elevation: 4,600 to 5,200 feet Mean annual precipitation: 11 to 15 inches Mean annual air temperature: 46 to 54 degrees F Frost -free period: 125 to 175 days Farmland classification: Prime farmland if irrigated and the product of I (soil erodibility) x C (climate factor) does not exceed 60 Map Unit Composition Olney and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Olney Setting Landform: Plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Mixed deposit outwash Typical profile H1 - 0 to 10 inches: fine sandy loam 58 Custom Soil Resource Report H2 - 10 to 20 inches: sandy clay loam H3 - 20 to 25 inches: sandy clay loam H4 - 25 to 60 inches: fine sandy loam Properties and qualities Slope: 1 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 2.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Maximum salinity: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water capacity: Moderate (about 7.0 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4c Hydrologic Soil Group: B Ecological site: R067BY024CO - Sandy Plains Hydric soil rating: No Minor Components Zigweid Percent of map unit: 10 percent Hydric soil rating: No Vona Percent of map unit: 5 percent Hydric soil rating: No 52 —Otero sandy loam, 3 to 5 percent slopes Map Unit Setting National map unit symbol: 3631 Elevation: 4,700 to 5,250 feet Mean annual precipitation: 12 to 15 inches Mean annual air temperature: 48 to 52 degrees F Frost -free period: 130 to 180 days Farmland classification: Farmland of statewide importance Map Unit Composition Otero and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. 59 Custom Soil Resource Report Description of Otero Setting Landform: Plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Eolian deposits and/or mixed outwash Typical profile H1 - 0 to 12 inches: sandy loam H2 - 12 to 60 inches: fine sandy loam Properties and qualities Slope: 3 to 5 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 5.95 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 10 percent Maximum salinity: Nonsaline to slightly saline (0.0 to 4.0 mmhos/cm) Available water capacity: Moderate (about 7.7 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4e Hydrologic Soil Group: A Ecological site: R067BY024CO - Sandy Plains Hydric soil rating: No Minor Components Kim Percent of map unit: 12 percent Hydric soil rating: No Vona Percent of map unit: 3 percent Hydric soil rating: No 53 —Otero sandy loam, 5 to 9 percent slopes Map Unit Setting National map unit symbol: 3632 Elevation: 4,700 to 5,250 feet Mean annual precipitation: 12 to 15 inches Mean annual air temperature: 48 to 52 degrees F Frost -free period: 130 to 180 days 60 Custom Soil Resource Report Farmland classification: Not prime farmland Map Unit Composition Otero and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Otero Setting Landform: Plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Eolian deposits and/or mixed outwash Typical profile H1 - 0 to 12 inches: sandy loam H2 - 12 to 60 inches: fine sandy loam Properties and qualities Slope: 5 to 9 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 5.95 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 10 percent Maximum salinity: Nonsaline to slightly saline (0.0 to 4.0 mmhos/cm) Available water capacity: Moderate (about 7.7 inches) Interpretive groups Land capability classification (irrigated): 4e Land capability classification (nonirrigated): 6e Hydrologic Soil Group: A Ecological site: R067BY024CO - Sandy Plains Hydric soil rating: No Minor Components Kim Percent of map unit: 10 percent Hydric soil rating: No Cushman Percent of map unit: 5 percent Hydric soil rating: No Custom Soil Resource Report 67 —Ulm clay loam, 3 to 5 percent slopes Map Unit Setting National map unit symbol: 363k Elevation: 5,070 to 5,200 feet Mean annual precipitation: 13 to 15 inches Mean annual air temperature: 46 to 48 degrees F Frost -free period: 105 to 120 days Farmland classification: Farmland of statewide importance Map Unit Composition Ulm and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Ulm Setting Landform: Plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Alluvium and/or eolian deposits derived from shale Typical profile H1 - 0 to 5 inches: clay loam H2 - 5 to 17 inches: clay H3 - 17 to 60 inches: clay loam Properties and qualities Slope: 3 to 5 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Maximum salinity: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water capacity: High (about 10.5 inches) Interpretive groups Land capability classification (irrigated): 4e Land capability classification (nonirrigated): 4e Hydrologic Soil Group: C Ecological site: R067BY042CO - Clayey Plains Hydric soil rating: No 62 Custom Soil Resource Report Minor Components Renohill Percent of map unit: 11 percent Hydric soil rating: No Heldt Percent of map unit: 4 percent Hydric soil rating: No 68—Ustic Torriorthents, moderately steep Map Unit Setting National map unit symbol: 3631 Elevation: 4,450 to 5,100 feet Mean annual precipitation: 10 to 16 inches Mean annual air temperature: 46 to 54 degrees F Frost -free period: 120 to 160 days Farmland classification: Not prime farmland Map Unit Composition Ustic torriorthents and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Ustic Torriorthents Setting Landform: Escarpments, breaks Down -slope shape: Linear Across -slope shape: Linear Parent material: Gravelly alluvium Typical profile H1 - 0 to 10 inches: gravelly sand H2 - 10 to 60 inches: gravelly sand Properties and qualities Slope: 9 to 15 percent Depth to restrictive feature: More than 80 inches Drainage class: Excessively drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): High to very high (5.95 to 19.98 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 5 percent Maximum salinity: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water capacity: Very low (about 1.8 inches) 63 Custom Soil Resource Report Interpretive groups Land capability classification (irrigated): None specified Land capability classification (nonirrigated): 7s Hydrologic Soil Group: A Hydric soil rating: No Minor Components Columbo Percent of map unit: 10 percent Hydric soil rating: No Eckley Percent of map unit: 3 percent Hydric soil rating: No Otero Percent of map unit: 2 percent Hydric soil rating: No 79 —Weld loam, 1 to 3 percent slopes Map Unit Setting National map unit symbol: 2x0hw Elevation: 3,600 to 5,750 feet Mean annual precipitation: 12 to 17 inches Mean annual air temperature: 46 to 54 degrees F Frost -free period: 115 to 155 days Farmland classification: Prime farmland if irrigated Map Unit Composition Weld and similar soils: 80 percent Minor components: 20 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Weld Setting Landform: Interfluves Landform position (two-dimensional): Summit Landform position (three-dimensional): Interfluve Down -slope shape: Linear Across -slope shape: Linear Parent material: Calcareous loess Typical profile Ap - 0 to 8 inches: loam Bt1 - 8 to 12 inches: clay Bt2 - 12 to 15 inches: clay loam Btk - 15 to 28 inches: loam Bk - 28 to 60 inches: silt loam 64 Custom Soil Resource Report C - 60 to 80 inches: silt loam Properties and qualities Slope: 1 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Medium Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 14 percent Maximum salinity: Nonsaline to very slightly saline (0.1 to 2.0 mmhos/cm) Sodium adsorption ratio, maximum: 5.0 Available water capacity: High (about 11.3 inches) Interpretive groups Land capability classification (irrigated): 2e Land capability classification (nonirrigated): 3c Hydrologic Soil Group: C Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No Minor Components Adena Percent of map unit: 8 percent Landform: Interfluves Landform position (two-dimensional): Shoulder Landform position (three-dimensional): Interfluve Down -slope shape: Convex Across -slope shape: Convex Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No Colby Percent of map unit: 7 percent Landform: Hillslopes Landform position (two-dimensional): Backslope Landform position (three-dimensional): Side slope Down -slope shape: Convex Across -slope shape: Convex Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No Keith Percent of map unit: 3 percent Landform: Interfluves Landform position (two-dimensional): Summit Landform position (three-dimensional): Interfluve Down -slope shape: Linear Across -slope shape: Linear Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No 65 Custom Soil Resource Report Baca Percent of map unit: 2 percent Landform: I nterfluves Landform position (two-dimensional): Shoulder, summit Landform position (three-dimensional): Interfluve Down -slope shape: Linear, convex Across -slope shape: Linear, convex Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No 82 —Wiley -Colby complex, 1 to 3 percent slopes Map Unit Setting National map unit symbol: 3643 Elevation: 4,850 to 5,000 feet Mean annual precipitation: 12 to 16 inches Mean annual air temperature: 48 to 54 degrees F Frost -free period: 135 to 170 days Farmland classification: Prime farmland if irrigated Map Unit Composition Wiley and similar soils: 60 percent Colby and similar soils: 30 percent Minor components: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Wiley Setting Landform: Plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Calcareous eolian deposits Typical profile H1 - 0 to 11 inches: silt loam H2 - 11 to 60 inches: silty clay loam H3 - 60 to 64 inches: silty clay loam Properties and qualities Slope: 1 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.60 to 2.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent 66 Custom Soil Resource Report Maximum salinity: Nonsaline to very slightly saline (0.0 to 2.0 mmhos/cm) Available water capacity: High (about 11.7 inches) Interpretive groups Land capability classification (irrigated): 2e Land capability classification (nonirrigated): 4e Hydrologic Soil Group: B Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No Description of Colby Setting Landform: Plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Calcareous eolian deposits Typical profile H1 - 0 to 7 inches: loam H2 - 7 to 60 inches: silt loam Properties and qualities Slope: 1 to 3 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 2.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 15 percent Available water capacity: High (about 10.6 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4e Hydrologic Soil Group: B Ecological site: R067BY002CO - Loamy Plains Hydric soil rating: No Minor Components Weld Percent of map unit: 4 percent Hydric soil rating: No Heldt Percent of map unit: 4 percent Hydric soil rating: No Keith Percent of map unit: 2 percent Hydric soil rating: No Custom Soil Resource Report 85 —Water Map Unit Composition Water: 95 percent Minor components: 5 percent Estimates are based on observations, descriptions, and transects of the mapunit. Minor Components Aquolls Percent of map unit: 5 percent Landform: Marshes Hydric soil rating: Yes 68 References American Association of State Highway and Transportation Officials (AASHTO). 2004. Standard specifications for transportation materials and methods of sampling and testing. 24th edition. American Society for Testing and Materials (ASTM). 2005. Standard classification of soils for engineering purposes. ASTM Standard D2487-00. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of wetlands and deep -water habitats of the United States. U.S. Fish and Wildlife Service FWS/OBS-79/31. Federal Register. July 13, 1994. Changes in hydric soils of the United States. Federal Register. September 18, 2002. Hydric soils of the United States. Hurt, G.W., and L.M. Vasilas, editors. Version 6.0, 2006. Field indicators of hydric soils in the United States. National Research Council. 1995. Wetlands: Characteristics and boundaries. Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service. U.S. Department of Agriculture Handbook 18. http://www.nres.usda.gov/wps/portal/ nres/detail/national/soils/?cid=nres142p2_054262 Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for making and interpreting soil surveys. 2nd edition. Natural Resources Conservation Service, U.S. Department of Agriculture Handbook 436. http:// www. nres. usda. gov/wps/portal/nres/detail/national/soils/?cid=nres 142p2_053577 Soil Survey Staff. 2010. Keys to soil taxonomy. 11th edition. U.S. Department of Agriculture, Natural Resources Conservation Service. http:// www. nres. usda.gov/wps/portal/nres/detail/national/soils/?cid=nres142p2_053580 Tiner, R.W., Jr. 1985. Wetlands of Delaware. U.S. Fish and Wildlife Service and Delaware Department of Natural Resources and Environmental Control, Wetlands Section. United States Army Corps of Engineers, Environmental Laboratory. 1987. Corps of Engineers wetlands delineation manual. Waterways Experiment Station Technical Report Y-87-1. United States Department of Agriculture, Natural Resources Conservation Service. National forestry manual. http://www.nres.usda.gov/wps/portal/nres/detail/soils/ home/?cid=nrcs142p2_053374 142p2_053374 United States Department of Agriculture, Natural Resources Conservation Service. National range and pasture handbook. http://www.nres.usda.gov/wps/portal/nres/ detail/national/landuse/rangepasture/?cid=stelprdb 1043084 69 Custom Soil Resource Report United States Department of Agriculture, Natural Resources Conservation Service. National soil survey handbook, title 430 -VI. http://www.nres.usda.gov/wps/portal/ n res/detail/soils/scientists/?ci d=n res 142p2_054242 United States Department of Agriculture, Natural Resources Conservation Service. 2006. Land resource regions and major land resource areas of the United States, the Caribbean, and the Pacific Basin. U.S. Department of Agriculture Handbook 296. http://vitww.nrcs.usda.gov/wps/portal/nrcs/detail/national/soils/? cid=nres142p2_053624 United States Department of Agriculture, Soil Conservation Service. 1961. Land capabiity classification. U.S. Department of Agriculture Handbook 210. http:// www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs142p2_052290.pdf 70 Boring Logs Drilled or Obtained by Aggregate Industries Attachment to Exhibit I Aggregate Industries Tucson South Permit Amendment Drill Log Exhibit as submitted with Tucson Resource M-2004-044 and on record with the DRMS Attached herein for reference BASELINE' I O (168114 AVE .. \ ! t J4/ 4 i i I ...,. Bated with TOPO!® ©2002 National Geographic (www.nallonatgeographic.coopo) J06 NO. t9 -•3914.014.0C 0 1000 2000 f ! J SCALE IN FEET RMC FIGURE; 1 EAST CELL 6/2/2004 2:26:06 PM 4 0 250 500 I I ! SCALE IN FEET LEGEND: -- -- PROPERTY LINE PROPOSED SLURRY WALL TEST HOLES AND it I MONITORING WELLS DRILLED "n '"E.11 BY TETRA TECH RMC. JOB NO. 19-3919.019.00 TUCSON SOUTH RESOURCE EXPLORATORY BORING LOCATIONS (EAST) RMC FIGURE 2 40 01/13/0 4 1 THE -2 TSMW-13 THE -2A 13 -- ^ .:_: 14 ------,,, 01/13/04.: Ie 12/09/0 23 62 200-60.5 LL.2 P1�26 50/3.5" 6" -200-55.0 LLm56 PL=3I 4 2 7 9 —2D0=6.6 5 50/4" /5. LEGEND: OVERBURDEN: CLAYEY. MEDIUM STIFF TO HARD, SILTY, SANDY, LOCALLY GRADES TO CLAYEY SILT AN0 FINE TO MEDIUM SILTY AND/OR CLAYEY SAND. OCCASIONAL COARSE SAND AND 1/2" GRAVEL ALSO PRESENT. SOME ROOTS PRESENT. DRY TO MOIST, EIGHT BROWN TO DARK DROWN (CL. CL -SC. CL -ML. SC, ML) SAND: LOOSE TO MEDIUM DENSITY. POORLY GRADED TO WELL GRADED, 50ME COARSE SAND AND 1/2" GRAVEL. SLIGHTLY MOIST TO WET, WHITE TO BLACK. LIGHT BROWN TO BROWN (SP, SP -SW, SW) GRAVEL VERY LOOSE TO VERY DENSE, SANDY. WELL GRADED SAND AND GRAVEL TO 3', SLIGHTLY MOIST TO WET, PINK TO WHITE, LOCAL BLACK MANGANESE STAINING, UGFIT BROWN TO BROWN (GW, GW-SW) SAND; LOOSE TO VERY DENSE, GRAVELLY, POORLY GRADED TO WELL GRADED SAND, GRAVEL TO 1", MOIST TO WET, LIGHT BROWN TO BROWN, PINK TO WHITE (SP, SP -SW. SW) SAND: MEDIUM DENSE. CLAYEY. FOE ID MF1)ILIM, SAND, LOCALLY VERY CLAYEY. SLGHTLY MOIST TO WET, LIGHT BROWN TO DARK BROWN TO DARK GREY, ORANGE TO YELLOW (SC, SC -CL) CI AY: STIFF, SANDY, FINE TO MEDIUM SAND, SOME COARSE SAND PRESENT, LOCALLY VERY TARDY, LOW TO HIGH PLASTICITY, MOIST TO WET, LIGHT BROWN TO YELLOW TO GREY (CL, CL -CH, CL -SC) CLAYSTONE: HARD. SANDY, VERY FINE TO FINE SAND. LOCALLY INTERBEDDED SANDSTONE LENSES, SOME SUCKENSIDES AND LOCAL FRACTURING PRESENT, LOCAL LAYERING, BLACK ORGANICS, AND WHITE GYPSUM. ORANGE AND RED STAINING NEAR WEATHERED ZONE, DRY TO MOIST, UCHT TO GREY TO DARK GREY, BLACK TO YELLOW TO WHITE SANDSTONE: VERY DENSE. CLAYEY, FINE TO MEDIUM SAND, SOME INTERBEDDED CLAYSTONE LENSES. ORANGE TO YELLOW NEAR WEATHERED ZONE, DRY TO WET. LIGHT GREY TO DARK GREY SANDSTONE: DENSE TO VERY DENSE, FINE TO MEDIUM SAND, POORLY GRADED. LONu IY CLAYEY AND/OR SILTY. LIGHT GREY TO GREY 40 NOTES: 1. EXPLORATORY BORINGS THE -1 THRU THE -14 WERE DRILLED .ANUAR4 13 THRU 19, 2004. WITH B -INCH O.D. HOLLOW STEM AUGERS. POWERED BY A TRUCE -MOUNTED CME-75 DRILL RIG. 2.MONNOHING WELLS 15MW-I IHHU TSMW-IS WERE DRILLED DECEMBER 3 THRU 5, 201)3 WITH B -INCH 0.0. HOLLOW FAN AUGERS, POWERED BY A TRUCK -MOUNTED CAF -75 DRILL RIG.. 3, ALL BORING AND MONITORING WELL LOCATIONS AND ELEVATIONS WERE SURVEYED 4. UNF.S BETWEEN MATERIALS REPRESENT APPROXIMATE BOUNDARIES BETWEEN TYPES AND 1RAMSIJIONS MAY BE GRADUAL. 5. GROUNDWATER LEVELS WERE MEASURED ON THE DATES INDICATED. WATER LEVELS IN WELLS WERE MEASURED SHORTLY AFTER THE TIME OF INSTALLATION. GROUNDWATER LEVELS WILL FLUCTUATE SEASONALLY AND DUE TO SRE MINING OPERATIONS, 50/3.5' -200=51.7 /3.5" a 10 20 40 SD 55 6. LABORATORY TESTING: -200 = X PASSING IHE #2UO SIEVE LL o LIQUID LIMIT, X • PI < PLASTICITY INDEX. R GNP = GRANULAR NONPLASTIC 12 -4-03 9 STANDARD SPLIT SPOON SAMPLE. NUMBER INDICATES 9',BLCWS OF A 140 LB HAMMER FREE FALLING 30 -INCHES WERE REQUIRED TO DRIVE THE SAMPLER 1 -FOOT, NR INDICATES NO SAMPLE RECOVERED NS N0 SAMPLL TAKEN DUE 10 SANDS FLOWING INSIDE THE AUGER BJLK INDICATES LOCATION Of A BULK DISTURBED 5AMPtE WATER LEVEL AND DATE MEASURED WELL SCREEN INTERVAL. JOT N0. IA -341n,(119.09 TUCSON SOUTH SUMMARY LOGS OF EXPLORATORY BORINGS (EAST) 1RMC FIGURE: 3 0 ID 20 40 BD TSMI!-11 THE --7 TSMW-10 THE -8 T5M1-9 24 ,.. 14_- v. -R9 2DDr47.9 FOR LEGEND AND NOTES SEE FIGURE 3 Jae Na. 10-1917.010.Qa TUCSnN SOUTH SUMMARY t.OGS or EXPLORATORY BORINGS (EAST) ®RMC MIME! 4 01/11/0{: 10 I0A TS THE -fl TSMW-7 THE -12 .._ .....,�� ,.. 16 -- -- .. -200.54.2 �t. -2O0=45.7 FOR LEGEND AND NOTES SEE FIGURE 3 01/13 TUCSON SOUTH SUMMARY LOGS OF E<PLORATORY EORINGS (FAST) 19-79,9,019 RMC rmn I Haake Property Lithologic Logs MOLE HP -1 0'-0" to 4'-0" 4`-0" to 7'-0" 7'-0" to 11'-0" 11'-0" to 12'-0" 12'-0" to 27-0" Overburden/TopSoil; dark brown Sand; fine grained Sand & Gravel; medium to coarse grained, gravel to 3" Clay; dark brown Sand & Gravel; medium to coarse grained, gravel to 1" 27-0" to 30'-0" Clay; gray TD Composite sample taken from 4'-11' & 12'-27' MOLE HP -2 0'-0" to 7'-0" T-0" to 10'-0" 10'-0" to 12'-0" 12' -0". -to 26'-0" 26'-0" to 30'-0" Overburden/TopSoil; dark brown Sand & Gravel; medium to coarse grained, gravel to 1" Clay; dark brown Sand & Gravel; medium to coarse grained, gravel to 2" Clay; gray TD Composite sample taken from 7'-10' & 12'-26' HOLE HP -3 0'-0" to 2'-0" Overburden/TopSoil; dark brown 2'-0" to 6'-0" Sand; medium grained, trace gravel to 1/2" 6'-0" to 15'-0" Sand & Gravel; medium grained, gravel to 1" 15'-0" to 33'-0" As Above; gravel to 3" 33'-0" to 35'-0" Clay; gray TD Composite sample taken from 2`-33' HOLE HP -4 0'-0" to 5'-0" Overburden/TopSoil; dark brown 5'-0" to 11'-0" Clay; brown 1 l'-0" to 25'-0" Sand & Gravel; medium grained, gravel to 2", water at 12 ft. 25'-0" to 30'-0" Shale; gray TD No Composite taken HOLE HP -5 0'-0" to 3'-0" Overburden/TopSoil; dark brown 3'-0" to 5'-0" Sand; coarse grained 5'-0" to 15'-0" Sand & Gravel; medium to coarse grained, gravel to I", water at 8 ft. 15'-0" to 32'-0" As Above; gravel to 3" TD -no further penetration Composite sample taken from 5'-32' HOLE HP -6 0'-0" to 3'-0" Overburden/TopSoil; dark brown 3'-0" to 6'-0" Sand & Gravel; fine grained, gravel to 2" 6'-0" to 10'-0" As Above; coarse grained, gravel to 1" 10'-0" to 13'-0" Clay; brown 13'-0" to 15'-0" Sand & Gravel; coarse grained, gravel to 1" 15'-0" to 28'-0" As Above; coarse grained, gravel to 3" 28'-()" to 30'-0" Clay; gray TD Composite sample taken from 3'40' & 13'-28' HOLE HP -7 O' -O" to 6'-0" Overburden/TopSoil; dark brown 6-0" to 12'-0" Sand; fine grained 12'-0" to 14'-0" Sand & Gravel; medium to coarse grained, gravel to 2", water at 11 ft. 14`-0" to 19'-0" Clay; dark brown 19'-0" to 29'-0" Sand & Gravel; medium to coarse grained, gravel to 1" 29'-0" to 35'-0" Clay; brown to gray ID No composite sample taken MOLE HP -8 O'-0" to 2'-0" Overburden/TopSoil; dark brown 2'-0" to 4'-O" Clay; brown 4'-0" to 14'-0" Sand & Gravel; medium to coarse grained, gravel to 2" 14'-O" to 21'-0" Clay; gray 21'-0" to 28'-0" Sand & Gravel; medium to coarse grained, gravel to 3" 28'-0" to 30`-0" Shale; gray ID Composite sample taken from 4'-14' MOLE HP -9 0'-0" to 4'-O" Overburden/TopSoil; dark brown 4'-O" to 9'-0" Sand & Gravel; medium grained, gravel to 2". 9'-0" to I2'-0" Clay; dark brown 12'-0" to 15'-0" Sand & Gravel; medium grained, gravel to 2 15'-0" to 17'-0" Clay; brown 17'-0" to 26-0" Sand & Gravel; coarse grained, gravel to 1/2" 26'-0" to 30'-0" Clay; gray TD Composite sample taken from 4'-9',12'-15' & 17'-26' BOLE HP -10 0'-0" to 6'-0" Overburden/TopSoil; dark brown 6'-0" to 15'-0" Sand & Gravel; fine to medium grained, gravel to 1" 15'-0" to 19'-0" Clay; brown to gray 19'-0" to 28'-0" Sand & Gravel; medium grained, gravel to 3" 28'-0" to 30°-0" Clay; brown to gray TD Composite sample taken from 6-15' & 19`-28' BOLE HP -I I 0'-0" to 5'-0" Overburden/TopSoil; dark brown 5'-0" to 10'0" Sand; coarse grained, trace gravel to 1/2" 10'-0" to 15'-0" Sand & Gravel; coarse grained, gravel to 1" 15'-0" to 28'-0" Sand & Gravel; medium grained, minor gravel to 1" 28'-0" to 301r-0" Clay; gray TD Composite sample taken from 5'-28' HOLE HP -12 0'-0" to 2'-0" Overburden/TopSoil; dark brown 2'-0" to 12'-0" Sand & Gravel; medium to coarse grained, trace gravel to 1" 12'-0" to 24'-0" As Above; coarse grained, gravel to 1", one 5" cobble 24'-0" to 30'-0" Clay; gray TD Composite sample taken from 2`-24' HOLE HP -13 0'-0" to 6'-0" Overburden/TopSoiI; dark brown 6'-0" to 14'-0" Sand & Gravel; medium grained, minor gravel to 1", water at 12 ft. 14'-0" to 18'-0" Clay; gray 18'-0" to 24'-0" Sand & Gravel; medium grained, gravel to 3" 24'-0" to 30'-0" Clay; gray TD Composite sample taken from 7'-14' & 18'-24' HOLE HP -14 0'-0" to 3'-0" Overburden/TopSoil; dark brown 3'-0" to 6'-0" Clay; brown Sand & Gravel; fine grained, gravel to 2" 6'-0" to 11'-0" Silt/Sand & Gravel; fine grained, gravel to 2" 11'-0" to 13'-0" Sand & Gravel; coarse grained, gravel to 1/2" 13'-0" to 14'-0" Clay; gray 14'-0" to 25'-0" Sand & Gravel; medium to coarse grained, gravel to 1" 25'-0" to 30'-0" Clay; yellowish brown to gray TD Composite sample taken from 6'-13' & I4'-25' HOLE HP -15 0'-0" to 3'-0" Overburden/TopSoil; dark brown 3'-0" to 11=0" Sand; fine to medium grained, trace gravel to 2" 11'-0" to 25'-0" Clay; brown to gray TD Composite sample taken from 3'-11' HOLE HP -16 0'-0" to 5'-0" Overburden/TopSoil; dark brown 5'-0" to 20'-0" Clay; brown to. gray TD No composite sample taken HOLE HP -17 0'-0" to 2'-0" Overburden/TopSoil; dark brown 2'-0" to 11'-0" Sand & Gravel; fine to medium grained, gravel to 1" 11'-0" to 18'-0" Clay; gray 18'-0" to 20'-0" Sand & Gravel; medium grained, gravel to 1/2" 20'-0" to 26'-0" Sand & Gravel; medium grained, gravel to 1" 26'-0" to 30`-0" Clay; gray TD Composite sample taken from 2'-11' MOLE HP -18 0'-0" to 2'-0" Overburden/TopSoil; dark brown 2'-0" to 15'-0" Sand & Gravel; medium grained, gravel to 1" 15'-0" to 2T-0" Sand & Gravel; medium grained, gravel to 3" 27'-0" to 30'-0" Clay; brown to gray TD No composite sample taken HOLE HP -19 0'-0" to 1'-0" Overburden/TopSoil; brown l'-0" to 12'-0" Sand & Gravel; medium to coarse grained, gravel to 2", water at 8 ft. 12'-0" to 19'-0" Clay; brown 19'-0" to 26'-0" Sand; coarse grained 26'-0" to 30'-0" Clay; brown to gray TD Composite sample taken from I'-12' HOLE HP -20 0'-0" to 2'-0" Overburden/TopSoil; dark brown 2'-0" to I0'-0" Sand & Gravel; medium grained, gravel to 1" 10'-0" to 19'-0" Clay; brown to gray 19'-0" to 26'-0" Sand & Gravel; medium to coarse grained, gravel to 2" 26'-0" to 30'-0" Clay; gray TD Composite sample taken from 2'-I0' & I9'-26' HOLE HP -21 0`-0" to 8'-0" 8'-0" to I2'-0" Sand & Gravel; coarse grained, gravel to 2" Sand & Gravel; medium grained, gravel to 1", water at 8 ft. 12'-0" to 20'-0" Clay; gray TD Composite sample taken from 0'-12' HOLE HP -22 0'-0" to 1'-0" Overburden/TopSoil; brown l'-0" to 8'-0" Sand & Gravel; medium grained, gravel to 2" 8'-0" to 14'-0" As Above; coarse grained, gravel to 3", one 5" cobble 14'-0" to 20'-0" Clay; gray 20'-0" to 27-0" Sand & Gravel; medium grained, gravel to 2" 27'-0" to 30'-0" Clay; gray TD Composite sample taken from l'-14' & 20'-27' HOI.R HP -23 0'-0" to 2'-0" Overburden/TopSoil; dark brown 2'-0" to 15'-0" Sand & Gravel; medium grained, gravel to 2", water at 10 ft. 15'-0" to 27'-0" Sand & Gravel; medium grained, gravel to 3" 27'-0" to 30'-0" Clay; gray TD Composite sample taken from 2'-27' HOLE HP -24 0'-0" to 4'-0" Overburden/TopSoil; dark brown 4'-0" to 10'-0" Clay; brown 10'-0" to 12'-0" Sand & Gravel; medium grained, gravel to 1/2" 12'-0" to 15'-0" Clay; gray 15'-0" to 27'-0" Sand & Gravel; fine to medium grained, gravel to 1/2" 27'-0" to 30'-0" Clay; brown to gray TD No composite sample taken HOLE HP -25 0'-0" -to 5'-0" Overburden/TopSoil; dark brown 5'-0" to 6'-0" Clay; brown 6'-0" to 7'-0" Sand; fine grained ' 7'-0" to 12'-0" Sand; coarse grained, trace gravel to 1/2" 12'-0" to 19'-0" Clay; gray 19'-0" to 28'-0" Sand & Gravel; medium grained, gravel to 1" 28'-0" to 30'-0" Clay; brown to gray TD Composite sample taken from 6'-12' & 19'-28' HOLE HP -26 0'-0" to 6'-0" 6'-0" to 8'-0" 8'-0" to 16-0" 16'-0" to 28`-0" Overburden/TopSoil; dark brown Clay; brown Sand & Gravel; medium to coarse grained, gravel to 2" Sand & Gravel; medium grained, gravel to 1" 28'-0" to 30'-0" Clay; brown to gray TD Composite sample taken from 8`-28' ROLE HP -27 0'-0" to 4'-0" Overburden/TopSoil; dark brown 4'-0" to 7-0" Clay; brown 7'-0" to 1Y-0" Sand & Gravel; medium grained, gravel to 2" 13'-0" to 18'-0" Clay; brown 18'-0" to 29'-0" Sand & Gravel; coarse grained, gravel to 3" 29'-0" to 35'-0" Clay; brown to gray ID Composite sample taken from 7'-13' & 18'-29' HOLE HP -28 0'-0" to 4'-0" 4'-0" to 10'-0" 10'-0" to 13`-0" 13'-0" to 18'-0" 18'-0" to 27'-0" Overburden/TopSoil; dark brown Sand; medium grained Sand & Gravel; medium grained, gravel to 1/2" Clay; brown Sand & Gravel; fine grained, gravel to 2" 27'-0" to 30'-0" Shale; gray TD Composite sample taken from 4'-13' & 18'-27' HOLE HP -29 0'-0" to 2'-0" Overburden/TopSoil; dark brown 2'-0" to 15'-0" Sand & Gravel; medium to coarse grained, gravel to 3", water at 15 ft. 15'-0" to 20'-0" Clay; brown 20'-0" to 27'-0" Sand & Gravel; medium to coarse grained, gravel to 3" 27'-0" to 30'-0" Clay; gray TD Composite sample taken from 2'-15' & 20'-28' HOLE HP -30 0'-0" to 3'-0" Overburden/TopSoil; dark brown 3'-0" to 4'-0" Silt/Sand; very fine grained 4'-0" to 20'-0" Sand & Gravel; medium grained, gravel to 1/2" 20'-0" to 27'-0" Sand & Gravel; coarse grained, gravel to 2" 27'-0" to 30'-0" Clay; gray TD Composite sample taken from 2'-15' & 20'-27' HOLE HP -31 0'-0" to 5'-0" Sand & Gravel; medium grained, gravel to 1" 5'-0" to 20'-0" As Above; gravel to 3" 20'-0" to 28'-0" As Above; coarse grained, gravel to 2" 28'-0" to 30'-0" Clay;gray TD Composite sample taken from 0'-28' All holes logged by C.L. Coppage Haake Dairy Property Bore hole Location Map N LEON PROPERTY HOLE LT -1 0'-0" to 2'-0" Top soil 2'-0" to 5'-0" Sand; fine grained; water at 17" 5'-0" to 15'-0" Sand; course grained; trace gravel to 1/2" 15'-0" to 28'-0" Sand and gravel; course grained; gravel to 1" 28'-0" to 30'-0" Shale TD Composite sample taken from 5' to 28' HOLE LT -2 0'-0" to 2'-0" Top soil 2'-0" to 8'-0" Sand; fine grained 8'-0" to 15'-0" As above; coarse grained 15'-0" to 26'-0" Sand and gravel; coarse grained; gravel to 2" 26'-0" to 30'0" Shale TD No composite sample taken HOLE - LT -3 0'-0" to 3'-0" Top soil 3'-0" to 12'-0" Clay; dark brown 3'-0" to 15'-0" Sand 15'-0" to 24'-0" As above; coarse grained, trace gravel to 1/2" 24'-0" to 30'0" Shale I TD No composite sample taken HOLE LT -4 0'-0" to 2'-0" Top soil 2'-0" to 6'-0" Clay 6-0" to 16'-0" Sand and gavel; coarse grained; gravel to 2" 16'-0" to 25'-0" As above; gravel to 3" 25'-0" to 30'-0" Shale TD Composite sample taken from 6' to 25' HOLE LT -5 0'-0" to 3'-0" Top soil 3'-0" to 5'-0" Sand 5'-0" to 17'-0" Sand and gravel; fine grained; minor gravel to 1/2" 17'-0" to 27'-0" As above; coarse grained; abundant pea gravel 27'-0" to 47'-0" As above; gravel to 2" 47'-0" tb 50'-0" Shale TD No composite sample taken HOLE LT -6 0'-0" to 3`-0" Top soil 3'-0" to 13'-0" Sand 13'-0" to 20'-0" Sand and gravel; coarse grained; gravel to 3" 2 20'-0" to 37' -fl" Sand and gravel; coarse grained; abundant pea gravel 37'-0" to 47'-0" As above; coarse grained; 47'-0" to 50'-0" Shale; gray TD Composite sample taken from 13'-47' HOLE LT -7 0'-0" to 2'-0" Top soil 2'-0" to 6'-0" Clay 6-0" to 8'-0" Sand; fine grained 8'-0" to 18' -fl" Sand and gravel; coarse grained; gravel to 1/2" 18'-0" to 27'-0" As above; gravel to 1" 27'-0" to 30'-0" Shale TD No composite sample taken HOLE LT -8 0'-0" to 3'-0" Top soil 3'-0" to 7'-0" Sand 7'-0" to 18'-0" Sand and gravel; coarse grained; gravel to 1" l8'-0" to 26-0" As above; gravel to 2" TD Composite sample taken 6'-26' HOLE LT -9 0`-0" to 5'-0" Top soil 3 5'-0" to 15'-0" Sand; medium grained 15'-0" to 25'-0" Sand and gravel; medium grained; gravel to 1/2" 25'-0" to '-0" Shale TD ,No composite sample taken HOLE LT -10 0'-0" to 2'0"" Top soil 2'-0" to 8'-0" Clay - 8' -0" to 13'-0" Sand; fine grained 13'-0" to 17'-0" Clay; brown; water at 17' 17'-0" to 26'-0" Sand and gravel; coarse grained; abundant pea gravel 26'-0" to 30'-0" Shale TD No composite sample taken HOLE LT -11 0'-0" to 2'-0"" Top soil 2'-0" to 6'-0" Sand; fine grained 6'-0" to 26'-0" As above; trace gravel to 1/2" 26'-0" to 30`-0" Shale TD Composite sample taken from 3'-26' 4 MALLORY PROPERTY HOLE GMA-1 0'-0" to 3'-O" Top soil 3'-0" to 7'-0" Sand; fme grained 7'-0" to 20'-0" As above; coarse grained 20'-0" to 27'-0" Sand and gravel, minor gravel to 1" TD Composite sample taken from 7'-27" HOLE GMA-2 0'-0" to 5'-0" Top soil 5'-0" to 12'-0" Sand; fine grained 12'-0" to 19'-0" As above; coarse grained 19'-0" to 29'-0" Sand and gravel; minor gravel to 1/2" 29'-0" to 30'0" Shale TD Composite sample taken from 5'-0" to 29'-0" HOLE - GMA-3 O' -O" to 6'-0" Top soil 6-0" to 11'-0" Clay; brown 11'-0" to 21'-0" Sand; coarse grained, water at 13ft 2l'-0" to 30'-0" Sand and gravel; gravel to 2" 30'-0" to 35'0" Shale TD No composite sample taken 1 HOLE GMA-4 0'-0" to 1'-0" Top soil l'-0" to 3'-0" Sand 3'-0" to 8'-O" Sand and gravel; dirty; fine grained; gravel to 2" 8'-0" to 21'-0" As above; clean, coarse grained; gravel to 2" 21'-0" to 34'-0" As above, gravel to 3"; see TD Composite sample taken from 3'-34' HOLE GMA-5 0`-0" to 6'-0" Sand and gravel; dirty; fine grained; gravel to 1" 6'-0" to 15'-0" As above; clean; coarse grained; gravel to 2" 15'-0" to 27'-0" As above; gravel to 3" 27'-0" to 36'-0" As above; gravel to 2" 36'-0" to 40'-0" Shale TD Composite sample taken from 6' to 36" HOLE GMA-6 0'-0" to 6'-0" Sand and gravel; dirty; fine grained; gravel to 2" 6-0" to 8'-0" Sand; fine grained 8'-0" to 12`-0" As above; coarse grained; water @ 12' 12'-0" to 24'-0" Sand and gravel, coarse grained, minor gravel to 2" 24'-0" to 37'-0" As above; gravel to 3" 2 37'-0" to 40'-0" Shale TD No composite sample taken HOLE GMA-7 0'-0" to 1'-0" Top soil 1'-0" to 7'-0" Silt; sand 7'-0" to 13'-0" Sand and gravel; dirty; medium grained; gravel to 1" 13'-0" to 28'-0" As above; clean; coarse grained; gravel to 2" 28'-0" to 46'-0" As above; gravel to 3" 46'-0" to 50'-0" Shale; gray TD Composite sample taken to 7'-46' HOLE GMA-8 0'-0" to 0'-1" Top soil 1'-0" to 3'-0" Sand and gravel, medium grained, abundant pea gravel 3'-0" to 12'-0" Sand; fine grained 12'-0" to 18'-0" Sand and gravel; coarse grained; gravel to 2" 18'-0" to 23'-0" Sand; fine grained 23'-0" to 28'-0" Sand and gravel, coarse grained; gravel to 3" 28'-0" to 30'-0" Shale TD No composite sample taken 3 HOLE GMA-9 0'-0" to 2'-0" Top soil 2'-0" to 7'-0" Sand and gravel; dirty; fine grained; gravel to 1/2" 7'-0" to 16'-0' Sand; fine grained 16'-0" to 21'-0" As above; coarse grained' trace gravel to 1/2" 21'-0" to 30'-0" Sand and gravel; coarse grained; gravel to 2" 30'-0" to 35'-0" Shale; gray TD No composite sample taken 4 MORRISON PROPERTY HOLE GM -1 0'-0" to 6'-0" Top soil 6'-0" to 9'-0" Sand 9'-0" to 29'-0" Sand and gravel; coarse grained; gravel to 2" 29'-0" to 30'-0" Shale; gray TD Composite sample taken from 9'-29' HOLE GM -2 0'-0" to 5'-0" Top soil 5'-0" to 7'-0" Sand 7-0" to 12'-0" Sand and gravel; coarse grained; pea gravel 12'-0" to 20'-0" As above; gravel to 1" 20'-0" to 30'0" As above 30'0" to 35'0" Shale; gray TD Composite sample taken from 7' to 30' HOLE GM -3 0'-0" to 6'-0" Top soil 6'-0" to 15'-0" Sand and gravel; coarse grained; gravel to 3" 15'-0" to 30'-0" As above; gravel to 2"; water at 15' 30'-0" to 35'-0" Shale; gray TD Composite sample taken from 6'-30' 1 HOLE GM -4 0'-0" to 7'-0" Top soil 7'-0" to 18'-0" Sand; trace gravel to 1/2" 18'-0" to 31'-0" Sand and gravel; coarse grained; minor gravel to 2" 31'-0" to 35'-0 Shale TD No composite sample taken HOLE GM -5 0'-0" to 8'-0" Top soil 8'-0" to 12'-0" Sand and gravel; medium grained; gravel to 1" 12'-0" to 27'-0" As above; coarse grained 27'-0" to 30'-0" Shale; gray TD Composite sample taken from 8'-27' HOLE GM -6 0'-0" to I'-0 Top soil 1'-0" to 7'-0" Sand; fine grained 7'-0" to I8'-0" Sand; coarse grained 18'-0" to 30'-0" Sand and gravel; coarse grained; gravel to 1" TD Composite sample taken from 7'-30' HOLE GM -7 0'-0" to 2'-0" Top soil 2 2'-0" to 5'-0" Sand; fine grained 5'-0" to 13'-0" As above; coarse grained; water at 13' 13'-0" to 25'-0" Sand and gravel; coarse grained; gravel to 2" TD No composite sample taken 3 GETZ PROPERTY HOLE GT-1 0'-0" to 2'-0" Top soil 2'-0" to 6-0" Sand; fine grained . 6'-0" to 16'-0' Sand and gravel; medium grained; gravel to I" 16'-0" to 24'-0" As above; coarse grained; gravel to 2" 24'-0" to 30'-0" Clay; brown TD Composite sample taken from 7'-24' HOLE GT-2 0'-0" to 1'-0" Top soil l'-0" to 5'-0" Sand 5'-0" to 25'-0" Sand and gravel; coarse grained; abundant pea gravel; trace gravel to 1" 25'-0" to 28'-0" As above; coarse grained; 28'-0" to 30'0" Shale; gray TD Composite sample taken from 5'-28' HOLE GT-3 0'-0" to l'-0" Top soil 1'-0" to 6'-0" Silt; sand 6'-0" to 11'-0" Sand and gravel; medium grained; gravel to 2" 11'-0" to 23'-0" As above; abundant pea gravel 23'-0" to 29'0" As above; coarse grained; gravel to 2" 1 29'0" to 30'0" Shale; gray TD Composite sample taken from 6'-29' HOLE GT-4 O' -O" to 6'-0" Top soil_ 6'-0" to 8'-0" Sand 8'-0" to 27'-0" Sand and gravel; coarse grained; pea gravel; trace gravel to 2" 27'-0" to 30'-0 Shale; gray ID No composite sample taken HOLE GT-5 0'-0" to 3'-0" Top soil 3'-0" to T-0" Sand 7'-O" to 15'-0" Sand and gravel; coarse grained; gravel to 3" 15'-0" to 27'-0" As above; medium grained 27'-0" to 31'-0" As above; gravel to 2" 31'0" to 35'0" Shale; gray TD Composite sample taken from 7'-31' HOLE GT-6 0'-0" to 2'-0" Top soil 2'-0" to 9'-0" Sand; fine grained 9'-0" to 19'-0" Sand and gravel; coarse grained; gravel to 2" 2 19'-0" to 27'-0" As above; gravel to 3" 27'-0" to 30'-0" Shale; gray TD No composite sample taken HOLE GT-7 0'-0" to 2'-0" Top soil 2'-0" to 10'-0" Sand 10'-0" to 16'-0" Sand and gravel; fine grained; abundant pea gravel 16'-0" to 30'-0" As above; gravel to 1" 30'-0" to 35'-0" Shale; gray TD No composite sample taken HOLE GT-8 0'-0" to 0'-4" Top soil 4'-0" to 7'-0" Sand 7'-0" to 18'-0" Sand and gravel; medium grained; gravel to 1" 18'-0" to 26'-0" As above; gravel to 2" TD Composite sample taken from 4'-26' HOLE GT-9 0'-0" to 4'-0" Top soil 4'-0" to 6'-0" Sand 6-0" to 17'-0" Sand and gravel; coarse grained; pea gravel 3 1T-0" to 26-0" As above; medium grained; gravel to I" 26'-0" to 33'-O" As above 33'-0" to 35'-0" Shale; gray TD Composite sample taken from 6'-33' 4 HOOD PROPERTY HOLE HT -1 0'-0" to 3'-0" Top soil 3'-0" to 15'-0" Sand and gravel; coarse grained; gravel to 2" 15'-0" to 17'-0" Clay, brown 17-0" to 28'-0" Sand and gravel; coarse grained 28'-0" to 30'-0" Shale; gray TD Composite sample taken from 3'-15' HOLE HT -2 0'-0" to 2'-0" Top soil 2'-0" to 7'-0" Silt sand; 7-0" to 14'-0" Sand and gravel; coarse grained; gravel to 1" 14'-0" to 28'-0" As above; medium grained; gravel to 1/2" 28'-0" to 30'0" Shale; gray TD Composite sample taken from 7'-8' HOLE HT -3 0'-0" to 4'-0" Top soil 4'-0" to 12'-0" Sand and gravel; coarse grained; gravel to 2" 12'-0" to 18'-0" As above; medium grained; abundant pea gravel, water at 12' 18'-0" to 25'-0" As above; coarse grained; gravel to 2"; 25'-0" to 28'0" Shale; gray I TD Composite sample at 4'-25' HOLE HT -4 0'-0" to 2'-0" Top soil 2-0" to 6'-0" Sand; trace gravel to 1/2" 6'-0" to 22-0" Sand and gravel; coarse grained; abundant pea gravel; water at 15' 22'-0" to 28'-0" As above; gravel to 2" 28'-0" to 30'-0" . Shale; gray TD Composite sample taken from 6'-28' HOLE HT -5 0'-0" to 2'-0" Top soil 2'-0" to 13'-0" Sand and gravel; gravel to pea gravel 13'-0" to 18'-0" Clay; brown 18'-0" to 25`-0" Sand and gravel; coarse grained; gravel to 2" 25'-0" to 30'-0" Shale; gray ID No composite sample taken HOLE HT -6 0'-0" to 6-0" Top soil 6'-0" to 15'-0" Sand and gravel; coarse grained; gravel to 1/2" 15'-0" to 20'-0" Shale; gray 2 TD No composite sample taken HOLE HT -7 0'-0" to 1'-0" Top soil 1'-0" to I4'-0" Sand and gravel; coarse grained; gravel to 2" 14'-0" to 20'-0" Shale; gray TD Composite sample taken from 1'-14' HOLE HT -8 O' -O" to 2'-0" Top soil 2'-0" to 8'-0" Sand; trace gravel to 1/2" 8'-0" to 16-0" Sand and gravel; coarse grained; abundant pea gravel; water at 12' 16'-0" to 20'-0" Shale; gray TD No composite sample taken HOLE HT -9 0'-0" to 2'-0" Top soil 2'-0" to 14'-0" Sand and gravel; coarse grained; gravel to 3" 14'-0" to 17'-0" Clay; brown 17'-0" to 22'-0" Sand and gravel 22'-0" to 25'-0" Shale; gray ID Composite sample taken from 2'-14' 3 • HOLE HT -10 0'-0" to 2'-0" Top soil 2'-0" to 12'-0" Sand and gravel; medium grained; gravel to 1" 12'-0" to 25'-0" As above; coarse grained; gravel to 2" 25'-O" to 32'-0" As above; 32'-0" to 35'-0" Shale; gray TD No composite sample taken 4 EXHIBIT J - VEGETATION INFORMATION The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.10 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: (a) Description of present vegetation types including estimates of cover and height of principal species in each fife -form represented; This information is provided in two attached reports and an attached approved jurisdictional determination by the Department of the Army. The first report is by Tetra Tech (2019) and covers the original permit boundary and is attached to Exhibit H. The Approved Jurisdictional Determination (Department of the Army, 2019) also covers the original permit boundary and is attached to this Exhibit J. The second report is by Savage and Savage (2021) and covers the amended conveyor area extending to the north and is also attached to this Exhibit J. (b) Relationship of present vegetation to soil types; The native vegetation is compatible with the current soil type. (c) Estimates of annual production and carrying capacity if the choice for reclamation is for range or agriculture. Native topsoil will remain or be returned to the to the conveyor area located north of 168th Avenue (aka Baseline). The carrying capacity of potential crops is discussed in the Savage and Savage (2021) report. Aggregate Industries — Tucson South Gravel Mine — MLRB 112 Permit Amendment Application Exhibit J -1 Department of the Army (2019) Approved Jurisdictional Determination Tucson South Gravel Mine DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT DENVER REGULATORY OFFICE, 9307 SOUTH WADSWORTH BOULEVARD LITTLETON, COLORADO 80128-6901 July 23, 2019 Christine Felz Aggregate Industries, Inc. 1687 Cole Boulevard, Suite 300 Golden, Colorado 80401 RE: Approved Jurisdictional Determination for Tucson South Sand and Gravel Mine Project, Adams County, Colorado Corps File No. NWO-2004-80251-DEN Dear Ms. Felz: Reference is made to the above -mentioned project located at an approximate latitude of 39.990135, longitude of -104.837360 in Sections 1 and 12, Township 1 south, Range 67 west, in Adams County, Colorado. This project has been reviewed in accordance with Section 404 of the Clean Water Act under which the U.S. Army Corps of Engineers regulates the discharge of dredged and fill material, and any excavation activity associated with a dredge and fill project in waters of the U.S. An approved jurisdictional determination (JD) has been completed for this project. The JD is attached to this letter. If you are not in agreement with the JD decision, you may request an administrative appeal under regulation 33 CFR 331, by using the attached Appeal Form and Administrative Appeal Process form. The request for appeal must be received within 60 days from the date of this letter. If you would like more information on the jurisdictional appeal process, contact this office. It is not necessary to submit a Request for Appeal if you do not object to the JD. The South Platte River is determined to be a Traditional Navigable Waterway. Therefore, is a jurisdictional water of the U.S. The following aquatic resources are determined to be Excluded Waters, as detailed on the attached Approved Jurisdictional Determination Form, dated July 23, 2019. Therefore, these resources are not considered to be jurisdictional Waters of the U.S.: • TM- A08-STRO1 (Unnamed Ditch) • TM-AI7-STROI (Unnamed Ditch) • TM-A25-STRO1 (Unnamed Ditch) • TM -A 1 8-STRO1 (Brighton Ditch) • TM-A23-STR01 (Brighton Return) • Wetland A4 -2- • Wetland A6 • Wetland A 1 0 • Wetland Al 1 • Wetland Al2 • Wetland Al3 • Wetland A14 • Wetland A 16 • TM -A 15 -Pond -01 • DT -Pond -02 Based on the information provided, a Department of the Army (DA) Permit will not be required for work in the areas identified as non jurisdictional waters of the U.S. Although a DA Permit will not be required, this does not eliminate the requirement that other applicable federal, state, and local permits be obtained as needed. This JD is valid for a period of five years from the date of this letter, unless new information warrants revisions of the JDs before the expiration date, or unless the Corps has identified, after a possible public notice and comment, that specific geographic areas with rapidly changing environmental conditions merit re -verification on a more frequent basis. If there are any questions please feel free to contact Brooke Davis at (303) 979-4120 or by e- mail at Brooke.A.Davis@usace.army.mil, and reference Corps File No. NWO-2004-80251- DEN. Sincerely, A., 2 9,L_ Kiel Downing Chief, Denver Regulatory Office Enclosures: Figure 2, Wetland Delineation Results Map Interim Approved Jurisdictional Determination Form (July 23, 2019) Administrative Appeal Process for Approved Jurisdictional Determinations ❑❑❑❑❑®❑❑❑❑E®❑❑❑❑❑ Regulatory Program APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in the Approved Jurisdictional Determination Form User Manual. SECTION I: BACKGROUND INFORMATION A. COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): July 23, 2019 B. ORM NUMBER IN APPROPRIATE FORMAT (e.q., HQ-2015-00001-SMJ): NWO-2004-80521-DEN C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: Colorado County/parish/borough: Adams City: Center coordinates of site (lat/long in degree decimal format): Lat. 39.990135, Long. -104.837360 Map(s)/diagram(s) of review area (including map identifying single point of entry (SPOE) watershed and/or potential jurisdictional areas where applicable) is/are: Dattached ►.1 in report/map titled Request for Approved Jurisdictional Determination and Preconstruction Notification, prepared by Tetra Tech, dated May 2019. ❑ Other sites (e.g., offsite mitigation sites, disposal sites, etc.) are associated with this action and are recorded on a different JD form. List JD form ID numbers (e.g., HQ-2015-00001-SMJ-1): D. REVIEW PERFORMED FOR SITE EVALUATION: ❑ Office (Desk) Determination Only. Date: ® Office (Desk) and Field Determination. Office/Desk Date(s): 06/27/2019 Field Date(s): 06/25/2019. SECTION II: DATA SOURCES Check all that were used to aid in the determination and attach data/maps to this JD form and/or references/citations in the administrative record, as appropriate. ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant. Title/Date: Request for Approved Jurisdictional Determination and Preconstruction Notification, prepared by Tetra Tech, dated May 2019. ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ® Office concurs with data sheets/delineation report.. Title/Date: Request for Approved Jurisdictional Determination and Preconstruction Notification, prepared by Tetra Tech, dated May 2019. ❑ Office does not concur with data sheets/delineation report. Summarize rationale and include information on revised data sheets/delineation report that this JD form has relied upon: . Revised Title/Date: Data sheets prepared by the Corps. Title/Date: Corps navigable waters study. Title/Date: CorpsMap ORM map layers. Title/Date: USGS Hydrologic Atlas. Title/Date: USGS, NHD, or WBD data/maps. Title/Date: USGS 8, 10 and/or 12 digit HUC maps. HUC number: HUC8: 10190004; South Platte. USGS maps. Scale & quad name and date: 1:24,000 Brighton, Colorado. USDA NRCS Soil Survey. Citation: USFWS National Wetlands Inventory maps. Citation: State/Local wetland inventory maps. Citation: FEMA/FIRM maps. Citation: Photographs: E] Aerial. Citation: Google Earth: 1999, 2002, 2008, 2011, and 2018. or ❑ Other. Citation: LiDAR data/maps. Citation: Previous determinations. File no. and date of jurisdictional determination letter: Applicable/supporting case law: Applicable/supporting scientific literature: Other information (please specify): SECTION III: SUMMARY OF FINDINGS Complete Spreadsheet Tab "Aquatic Resources" - Required for All AJDs A. RIVERS AND HARBORS ACT (RHA) SECTION 10 DETERMINATION OF JURISDICTION: ❑ "navigable waters of the U.S." within RHA jurisdiction (as defined by 33 CFR part 329) in the review area. • List water(s) and area/length within review area — Required: NOTE: If the navigable water is not subject to the ebb and flow of the tide or included on the District's list of Section 10 navigable waters list, DO NOT USE THIS FORM TO MAKE THE DETERMINATION. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to make a Section 10 RHA navigability determination. B. CLEAN WATER ACT (CWA) SECTION 404 DETERMINATION OF JURISDICTION: "waters of the U.S." within CWA jurisdiction (as defined by 33 CFR part 328.3) in the review area. Check all that apply. ▪ (a)(1): All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide. (Traditional Navigable Waters or TNW). • Complete Spreadsheet Tab "(a)(1)" - Required ❑ This JD includes a case -specific (a)(1) TNW (Section 404 navigable -in -fact) determination on a water that has not previously been designated as such. Documentation required for this case -specific (a)(1) TNW determination is attached. ❑ (a)(2): All interstate waters, including interstate wetlands. • Complete Spreadsheet Tab "(a)(2)" - Required El (a)(3): The territorial seas. • Complete Spreadsheet Tab "(a)(3)" - Required El (a)(4): All impoundments of waters otherwise identified as waters of the U.S. under 33 CFR part 328.3. • Complete Spreadsheet Tab "(a)(4)" - Required El (a)(5): All tributaries, as defined in 33 CFR part 328.3, of waters identified in paragraphs (a)(1) -(a)(3) of 33 CFR part 328.3. • Complete Spreadsheet Tab "(a)(5)" - Required El (a)(6): All waters adjacent to a water identified in paragraphs (a)(1) -(a)(5) of 33 CFR part 328.3, including wetlands, ponds, lakes, oxbows, impoundments, and similar waters. • Complete Spreadsheet Tab "(a)(6)" - Required El Bordering/Contiguous. Neighboring: El (c)(2)(i): All waters located within 100 feet of the ordinary high water mark (OHWM) of a water identified in paragraphs (a)(1) -(a)(5) of 33 CFR part 328.3. El (c)(2)(ii): All waters located within the 100 -year floodplain of a water identified in paragraphs (a)(1) -(a)(5) of 33 CFR part 328.3 and not more than 1,500 feet of the OHWM of such water. ❑ (c)(2)(iii): All waters located within 1,500 feet of the high tide line of a water identified in paragraphs (a)(1) or (a)(3) of 33 CFR part 328.3, and all waters within 1,500 feet of the OHWM of the Great Lakes. ❑ (a)(7): All waters identified in 33 CFR 328.3(a)(7)(i)-(v) where they are determined, on a case -specific basis, to have a significant nexus to a water identified in paragraphs (a)(1) -(a)(3) of 33 CFR part 328.3. • Complete Spreadsheet Tab "(a)(7)" for the significant nexus determination. Attach a map delineating the SPOE watershed boundary with (a)(7) waters identified in the similarly situated analysis. — Required El Includes water(s) that are geographically and physically adjacent per (a)(6), but are being used for established, normal farming, silviculture, and ranching activities (33 USC Section 1344(0(1)) and therefore are not adjacent and require a case -specific significant nexus analysis. ❑ (a)(8): All waters located within the 100 -year floodplain of a water identified in paragraphs (a)(1) -(a)(3) of 33 CFR part 328.3 not covered by (c)(2)(ii) above and all waters located within 4,000 feet of the high tide line or OHWM of a water identified in paragraphs (a)(1) -(a)(5) of 33 CFR part 328.3 where they are determined on a case -specific basis to have a significant nexus to a water identified in paragraphs (a)(1) -(a)(3) of 33 CFR part 328.3. • Complete Spreadsheet Tab "(a)(8)" for the significant nexus determination. Attach a map delineating the SPOE watershed boundary with (a)(8) waters identified in the similarly situated analysis. — Required El Includes water(s) that are geographically and physically adjacent per (a)(6), but are being used for established, normal farming, silviculture, and ranching activities (33 USC Section 1344(f)(1)) and therefore are not adjacent and require a case -specific significant nexus analysis. C. NON -WATERS OF THE U.S. FINDINGS: Check all that apply. El The review area is comprised entirely of dry land. ❑ Potential -(a)(7) Waters: Waters that DO NOT have a significant nexus to a water identified in paragraphs (a)(1) - (a)(3) of 33 CFR part 328.3. • Complete Spreadsheet Tab "NonWaters-No SigNex". Attach a map delineating the SPOE watershed boundary with potential (a)(7) waters identified in the similarly situated analysis. - Required ❑ Includes water(s) that are geographically and physically adjacent per (a)(6), but are being used for established, normal farming, silviculture, and ranching activities (33 USC Section 1344(f)(1)) and therefore are not adjacent and require a case -specific significant nexus analysis. ❑ Potential -(a)(8) Waters: Waters that DO NOT have a significant nexus to a water identified in paragraphs (a)(1) - (a)(3) of 33 CFR part 328.3. • Complete Spreadsheet Tab "NonWaters-No SigNex". Attach a map delineating the SPOE watershed boundary with potential (a)(8) waters identified in the similarly situated analysis. — Required 0 Includes water(s) that are geographically and physically adjacent per (a)(6), but are being used for established, normal farming, silviculture, and ranching activities (33 USC Section 1344(f)(1)) and therefore are not adjacent and require a case -specific significant nexus analysis. 0 Excluded Waters (Non -Waters of U.S.), even where they otherwise meet the terms of paragraphs (a)(4) -(a)(8): • Complete Spreadsheet Tab "NonWaters-Excluded" - Required 0 (b)(1): Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the CWA. ❑ (b)(2): Prior converted cropland. ® (b)(3)(i): Ditches with ephemeral flow that are not a relocated tributary or excavated in a tributary. ® (b)(3)(ii): Ditches with intermittent flow that are not a relocated tributary, excavated in a tributary, or drain wetlands. ❑ (b)(3)(iii): Ditches that do not flow, either directly or through another water, into a water identified in paragraphs (a)(1) -(a)(3). ❑ (b)(4)(i): Artificially irrigated areas that would revert to dry land should application of water to that area cease. (b)(4)(ii): Artificial, constructed lakes and ponds created in dry land such as farm and stock watering ponds, irrigation ponds, settling basins, fields flooded for rice growing, log cleaning ponds, or cooling ponds. ❑ (b)(4)(iii): Artificial reflecting pools or swimming pools created in dry land.' ❑ (b)(4)(iv): Small ornamental waters created in dry land.' ® (b)(4)(v): Water filled depressions created in dry land incidental to mining or construction activity, including pits excavated for obtaining fill, sand, or gravel that fill with water. ❑ (b)(4)(vi): Erosional features, including gullies, rills, and other ephemeral features that do not meet the definition of tributary, non -wetland swales, and lawfully constructed grassed waterways) ❑ (b)(4)(vii): Puddles.' ❑ (b)(5): Groundwater, including groundwater drained through subsurface drainage systems.' ❑ (b)(6): Stormwater control features constructed to convey, treat, or store stormwater that are created in dry land.' ❑ (b)(7): Wastewater recycling structures created in dry land; detention and retention basins built for wastewater recycling; groundwater recharge basins; percolation ponds built for wastewater recycling; and water distributary structures built for wastewater recycling. ❑ Other non jurisdictional waters/features within review area that do not meet the definitions in 33 CFR 328.3 of (a)(1) -(a)(8) waters and are not excluded waters identified in (b)(1) -(b)(7). • Complete Spreadsheet Tab "NonWaters-Other" - Required D. ADDITIONAL COMMENTS TO SUPPORT JD: 1 In many cases these exduded features will not be specifically identified on the approved. JD form, unless specifically requested. Corps Districts may, in case -by -case instances, choose to identify some or all of these features within the review area. Jurisdictional Waters of the U.S. Table 1. (a)(1) Traditional Navigable Waters (a)(1) Waters Name (a)(1) Criteria Rationale to Support (a)(1) Designation Include High Tide Line or Ordinary High Water Mark indicators, when applicable. South Platte River Waters have historically, are currently, and/or are susceptible for commercial navigation, including commercial waterborne recreation. The South Platte River has previously been determined as a TNW by the Denver Regulatory Office due to the commercial commerce within Colorado and Nebraska. Table 2. (a)(2) Interstate Waters (a)(2) Waters Name Rationale to Support (a)(2) Designation N/A N/A Table 3. (a)(3) Territorial Seas (a)(3) Waters Name Rationale to Support (a)(3) Designation N/A N/A Table 4. (a)(4) Impoundments (a)(4) Waters Name Rationale to Support (a)(4) Designation N/A N/A N/A N/A Table 5. (a)(5)Tributaries (a)(5) Waters Name Flow Regime (a)(1) -(a)(3) Water Name to which Tributary this (a)(5) Breaks Tributary Flows Rationale for (a)(5) Designation and Additional Discussion. Identify flowpath to (a)(1) (a)(3) water or attach map identifying the flowpath; explain any breaks or flow through excluded/non-jurisdictional features, etc. N/A Choose an item. N/A Choose an item. N/A N/A Choose an item. N/A Choose an item. N/A N/A Choose an item. N/A Choose an item. N/A N/A Choose an item. N/A Choose an item. N/A Table 6. (a)(6) Adjacent Waters (a)(6) Waters Name (a)(1) -(a)(5) Water Name to which this Water is Adjacent Rationale for (a)(6) Designation and Additional Discussion. Identify the type of water and how the limits of jurisdiction were established (e.g., wetland, 87 Manual/Regional Supplement); explain how the 100 -year floodplain and/or the distance threshold was determined; whether this water extends beyond a threshold; explain if the water is part of a mosaic, etc. N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Table 7. (a)(7) Waters SPOE Name (a)(7) Waters Name (a)(1) -(a)(3) Water Name to which this Water has a Significant Nexus Significant Nexus Determination Identify SPOE watershed; discuss whether any similarly situated waters were present and aggregated for SND; discuss data, provide analysis, and summarize how the waters have more than speculative or insubstantial effect on the physical, chemical, or biological integrity of the (a)(1) -(a)(3) water, etc. N/A N/A N/A N/A N/A N/A N/A N/A Table 8. (a)(8) Waters SPOE Name (a)(8) Waters Name (a)(1) -(a)(3) Water Name to which this Water has a Significant Nexus Significant Nexus Determination Identify SPOE watershed; explain how 100-yr floodplain and/or the distance threshold was determined; discuss whether waters were determined to be similarly situated to subject water and aggregated for SND; discuss data, provide analysis, and then summarize how the waters have more than speculative or insubstantial effect the on the physical, chemical, or biological integrity of the (a)(1) -(a)(3) water, etc. N/A N/A N/A N/A N/A N/A N/A N/A Non -Jurisdictional Waters Table 9. Non-Waters/No Significant Nexus SPOE Name Non-(a)(7)/(a)(8) Waters Name (a)(1) -(a)(3) Water Name to which this Water DOES NOT have a Significant Nexus Basis for Determination that the Functions DO NOT Contribute Significantly to the Chemical, Physical, or Biological Integrity of the (a)(1) -(a)(3) Water. Identify SPOE watershed; explain how 100-yr floodplain and/or the distance threshold was determined; discuss whether waters were determined to be similarly situated to the subject water; discuss data, provide analysis, and summarize how the waters did not have more than a speculative or insubstantial effect on the physical, chemical, or biological integrity of the (a)(1) -(a)(3) water. N/A N/A N/A N/A N/A N/A N/A N/A Table 10. Non-Waters/Excluded Waters and Features Paragraph (b) Excluded Feature/Water Name Rationale for Paragraph (b) Excluded Feature/Water and Additional Discussion. TM- A08-STR01 (Unnamed Ditch) Excluded water (b)(3)(i) — This resource is a ditch that only flows ephemerally and is not a relocated tributary or excavated in a tributary. TM-A17-STRO1 (Unnamed Ditch) Excluded water (b)(3)(i) — This resource is a ditch that only flows ephemerally and is not a relocated tributary or excavated in a tributary. TM-A25-STRO1 (Unnamed Ditch) Excluded water (b)(3)(i) — This resource is a ditch that only flows ephemerally and is not a relocated tributary or excavated in a tributary. TM -Al 8-STR01 (Brighton Ditch) Excluded water (b)(3)(ii) — This resource is a ditch that flows intermittently, is not a relocated tributary or excavated in a tributary, nor does it drain wetlands. TM-A23-STRO1 (Brighton Return) Excluded water (b)(3)(ii) — This resource is a ditch that flows intermittently, is not a relocated tributary or excavated in a tributary, nor does it drain wetlands. Wetland A4 Excluded water (b)(4)(ii) — This resource is an artificially constructed pond, created in dry land for the purpose of collecting irrigation water. Wetland A6 Excluded water (b)(4)(ii) — This resource is an artificially constructed pond, created in dry land for the purpose of collecting irrigation water. Wetland A1,0 Excluded water (b)(4)(v) — This resource is a water -filled pit, excavated in dry land for the purpose of obtaining fill, sand, or gravel incidental to mining. Wetland A11 Excluded water (b)(4)(v) — This resource is a water -filled pit, excavated in dry land for the purpose of obtaining fill, sand, or gravel incidental to mining. Wetland Al2 Excluded water (b)(4)(v) — This resource is a water -filled pit, excavated in dry land for the purpose of obtaining fill, sand, or gravel incidental to mining. Wetland Al 3 Excluded water (b)(4)(v) — This resource is a water -filled pit, excavated in dry land for the purpose of obtaining fill, sand, or gravel incidental to mining. Wetland A14 Excluded water (b)(4)(v) — This resource is a water -filled pit, excavated in dry land for the purpose of obtaining fill, sand, or gravel incidental to mining. Wetland A16 Excluded water (b)(4)(v) — This resource is a water -filled pit, excavated in dry land for the purpose of obtaining fill, sand, or gravel incidental to mining. TM -A15 -Pond -01 Excluded water (b)(4)(v) — This resource is a water -filled pit, excavated in dry land for the purpose of obtaining fill, sand, or gravel incidental to mining. DT -Pond -02 Excluded water (b)(4)(v) — This resource is a water -filled pit, excavated in dry land for the purpose of obtaining fill, sand, or gravel incidental to mining. Table 11. Non-Waters/Other Other Non -Waters of U.S. Feature/Water Name Rationale for Non -Waters of U.S. Feature/Water and Additional Discussion. N/A N/A Waters_Na me NWO-2004-80251-DEN NWO-2004-80251-DEN NWO-2004-80251-DEN NWO-2004-80251-DEN NWO-2004-80251-DEN NWO-2004-80251-DEN NWO-2004-80251-DEN NWO-2004-80251-DEN NWO-2004-80251-DEN NWO-2004-80251-DEN NWO-2004-80251-DEN NWO-2004-80251-DEN NWO-2004-80251-DEN NWO-2004-80251-DEN NWO-2004-80251-DEN NWO-2004-80251-DEN DT -Pond -02 TM-A01-STR01 (South Platte River) TM-A08-STR01 TM -A15 -Pond -01 TM-A17-STR01 TM-A18-STR01(Brighton Ditch) TM-A23-STR01 (Brighton Return) TM-A25-STR01 Wetland A10 Wetland All Wetland Al2 Wetland A13 Wetland A14 Wetland A16 Wetland A4 Wetland A6 Cowardin Code L1-LACUSTRINE, LIMNETIC R5-RIVERINE, UNKNOWN PERENNIAL R6-RIVERINE, EPHEMERAL Ll-LACUSTRINE, LIMNETIC R6-RIVERINE, EPHEMERAL R4-RIVERINE, INTERMIT R4-RIVERINE, INTERMIT R6-RIVERINE, EPHEMERAL PFO-PALUSTRINE, FORESTED PEM-PALUSTRINE, EMERGENT PEM-PALUSTRINE, EMERGENT PEM-PALUSTRINE, EMERGENT PEM-PALUSTRINE, EMERGENT PEM-PALUSTRINE, EMERGENT PFO-PALUSTRINE, FORESTED PSS-PALUSTRINE, SCRUB -SHRUB Amount Units Waters_Type Latitude 3.09 ACRES EXCLDB4V 39.99505 3.79 ACRES Al 39.99171 0.03 ACRES EXCLDB3I 39.98925 0.61 ACRES EXCLDB4V 39.99035 0.06 ACRES EXCLDB3I 39.98734 1.29 ACRES EXCLDB3II 39.98836 0.96 ACRES EXCLDB3II 39.98508 0.06 ACRES EXCLDB3I 39.98752 0.76 ACRES EXCLDB4V 39.98888 1 ACRES EXCLDB4V 39.98979 0.47 ACRES EXCLDB4V 39.9918 0.02 ACRES EXCLDB4V 39.99205 0.06 ACRES EXCLDB4V 39.99259 0.19 ACRES EXCLDB4V 39.9885 0.53 ACRES EXCLDB4II 39.99056 3.56 ACRES EXCLDB4II 39.99065 Longitude Local Watery -104.834 -104.829 -104.839 Unnamed -104.842 -104.843 Unnamed -104.844 -104.84 -104.844 Unnamed -104.844 -104.843 -104.842 -104.842 -104.842 -104.84 -104.833 -104.835 Administrative Appeal Process for Approved Jurisdictional Determinations Approved JO valid14 _ for 5 years. Yes District makes new approved JD. Yes To continue with appeal process, appellant must revise RFA See Appendix D. Division engineer or designee remands decision to district, with speciic instructions, for reconsideration; appeal process completed. Appendix C District issues aIPI pproved Jurisdictional Determination (JD) to applicant/landowner with NAP. Does applicant/landowner accept approved JD? 0 ApplicantAandowner provides new information? 0 Applicant decides to appeal approved JD. Applicant sutxmis RFA to division engineer within 60 days of date of NAP. Carps reviews RFA and notifies appellant within 30 days of receipt. No Yes DIOptional JD Appeals Meeting and/or site investigation. RO reviews record and the division engineer (or designee) renders a decision on the merits of the appeal within 90 days of receipt of an acceptable RFA. Max. 90 days EYes Does the appeal have merit? N District's decision is upheld; appeal process completed. Max. 60 days Max. 30 days V Applicant: N(JTIFIt'ATIOIrOF ADMINISTRATIVE APPEAL OPTIONS AND PROFESS AND REQUEST FOR APPEAL Aggregate Industries, Inc. T File Number: NWO-2004-80251-DEN Date: 07/23/2019 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION decision. Corps I - The following identifies your rights and options regarding an administrative appeal of the above Additional infonittation may be found at http://usace.army.mil/inetifunctions/cw/cecwo/reg or regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. ® APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. ® ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. o APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) I ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However. von may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: • If you have questions regarding this decision and/or the appeal process you may contact: Kiel Downing Denver Regulatory Office 9307 South Wadsworth Blvd. Littleton, CO 80128 KieI.G.Downing@usace.arrny.mil If you only have questions regarding the appeal process you may also contact: US Army Corps of Engineers, Northwestern Division Attn: Melinda Larsen, Regulatory Appeals Officer 1201 NE Lloyd Blvd., Suite 400 Portland, OR 97232-1257 Telephone (503) 808-3888 Melinda.M.Larsen@usace.army.mil RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: F Telephone number: Signature of appellant or agent. EXHIBIT J - VEGETATION INFORMATION The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.10 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: (a) Description of present vegetation types including estimates of cover and height of principal species in each life -form represented; This lformation is provided in two attached reports and an attached approved jurisdictional determination by the Department of the Army. The first report is by Tetra Tech (2019) and covers the original permit boundary and is attached to Exhibit H. The Approved Jurisdictional Determination (Department of the Army, 2019) also covers the original permit boundary and is attached to this Exhibit J. The second report is by Savage and Savage (2021) and covers the amended conveyor area extending to the north and is also attached to this Exhibit J. (b) Relationship of present vegetation to soil types; The native vegetation is compatible with the current soil type. (c) Estimates of annual production and carrying capacity if the choice for reclamation is for range or agriculture. Native topsoil will remain or be returned to the to the conveyor area located north of 168th Avenue (aka Baseline). The carrying capacity of potential crops is discussed in the Savage and Savage (2021) report. Aggregate Industries — Tucson South Gravel Mine — MLRB 112 Permit Amendment Application Exhibit J -1 Department of the Army (2019) Approved Jurisdictional Determination Tucson South Gravel Mine DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT DENVER REGULATORY OFFICE, 9307 SOUTH WADSWORTH BOULEVARD L.ITTLETON, COLORADO 80(28-6901 July 23, 2019 Christine Felz Aggregate Industries, Inc. 1687 Cole Boulevard, Suite 300 Golden, Colorado 80401 RE: Approved Jurisdictional Determination for Tucson South Sand and Gravel Mine Project, Adams County, Colorado Corps File No. NWO-2004-80251-DEN Dear Ms. Felz: Reference is made to the above -mentioned project located at an approximate latitude of 39.990135, longitude of -104.837360 in Sections 1 and 12, Township 1 south, Range 67 west, in Adams County, Colorado. This project has been reviewed in accordance with Section 404 of the Clean Water Act under which the U.S. Army Corps of Engineers regulates the discharge of dredged and fill material, and any excavation activity associated with a dredge and fill project in waters of the U.S. An approved jurisdictional determination (JD) has been completed for this project. The JD is attached to this letter. If you are not in agreement with the JD decision, you may request an administrative appeal under regulation 33 CFR 331, by using the attached Appeal Form and Administrative Appeal Process form. The request for appeal must be received within 60 days from the date of this letter. If you would like more information on the jurisdictional appeal process, contact this office. It is not necessary to submit a Request for Appeal if you do not object to the JD. The South Platte River is determined to be a Traditional Navigable Waterway. Therefore, is a jurisdictional water of the U.S. The following aquatic resources are determined to be Excluded Waters, as detailed on the attached Approved Jurisdictional Determination Form, dated July 23, 2019. Therefore, these resources are not considered to be jurisdictional Waters of the U.S.: • TM- A08-STRO1 (Unnamed Ditch) • TM-Al7-STRO 1 (Unnamed Ditch) • TM-A25-STRO I (Unnamed Ditch) • TM -A 18-STRO1 (Brighton Ditch) • TM-A23-STROI (Brighton Return) • Wetland A4 -2- • Wetland A6 • Wetland A 10 • Wetland Al l • Wetland Al2 • Wetland A13 • Wetland A14 • Wetland A16 • TM -A 1 5 -Pond -0 1 • DT -Pond -02 Based on the information provided, a Department of the Army (DA) Permit will not be required for work in the areas identified as non jurisdictional waters of the U.S. Although a DA Permit will not be required, this does not eliminate the requirement that other applicable federal, state, and local permits be obtained as needed. This JD is valid for a period of five years from the date of this letter, unless new information warrants revisions of the JDs before the expiration date, or unless the Corps has identified, after a possible public notice and comment, that specific geographic areas with rapidly changing environmental conditions merit re -verification on a more frequent basis. If there are any questions please feel free to contact Brooke Davis at (303) 979-4120 or by e- mail at Brooke.A.Davis@usace.army.mil, and reference Corps File No. NWO-2004-80251- DEN. Sincerely, Kiel Downing Chief, Denver Regulatory Office Enclosures: Figure 2, Wetland Delineation Results Map Interim Approved Jurisdictional Determination Form (July 23, 2019) Administrative Appeal Process for Approved Jurisdictional Determinations Regulatory Program APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in the Approved Jurisdictional Determination Form User Manual. SECTION I: BACKGROUND INFORMATION A. COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): July 23, 2019 B. ORM NUMBER IN APPROPRIATE FORMAT (e.g., HQ-2015-00001-SMJ): NWO-2004-80521-DEN C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: Colorado County/parish/borough: Adams City: Center coordinates of site (lat/long in degree decimal format): Lat. 39.990135, Long. -104.837360 Map(s)/diagram(s) of review area (including map identifying single point of entry (SPOE) watershed and/or potential jurisdictional areas where applicable) is/are: ['attached ® in report/map titled Request for Approved Jurisdictional Determination and Preconstruction Notification, prepared by Tetra Tech, dated May 2019. ❑ Other sites (e.g., offsite mitigation sites, disposal sites, etc.) are associated with this action and are recorded on a different JD form. List JD form ID numbers (e.g., HQ-2015-00001-SMJ-1): D. REVIEW PERFORMED FOR SITE EVALUATION: ❑ Office (Desk) Determination Only. Date: ® Office (Desk) and Field Determination. Office/Desk Date(s): 06/27/2019 Field Date(s): 06/25/2019. SECTION II: DATA SOURCES Check all that were used to aid in the determination and attach data/maps to this JD form and/or references/citations in the administrative record, as appropriate. ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant. Title/Date: Request for Approved Jurisdictional Determination and Preconstruction Notification, prepared by Tetra Tech, dated May 2019. ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. Office concurs with data sheets/delineation report.. Title/Date: Request for Approved Jurisdictional Determination and Preconstruction Notification, prepared by Tetra Tech, dated May 2019. ❑ Office does not concur with data sheets/delineation report. Summarize rationale and include information on revised data sheets/delineation report that this JD form has relied upon: . Revised Title/Date: ❑ Data sheets prepared by the Corps. Title/Date: ❑ Corps navigable waters study. Title/Date: ❑ CorpsMap ORM map layers. Title/Date: ❑ USGS Hydrologic Atlas. Title/Date: ❑ USGS, NHD, or WBD data/maps. Title/Date: ® USGS 8, 10 and/or 12 digit HUC maps. HUC number: HUC8: 10190004; South Platte. ® USGS maps. Scale & quad name and date: 1:24,000 Brighton, Colorado. ❑ USDA NRCS Soil Survey. Citation: ❑ USFWS National Wetlands Inventory maps. Citation: ❑ State/Local wetland inventory maps. Citation: ❑ FEMA/FIRM maps. Citation: ® Photographs: ® Aerial. Citation: Google Earth: 1999, 2002, 2008, 2011, and 2018. or ❑ Other. Citation: ❑ LiDAR data/maps. Citation: ❑ Previous determinations. File no. and date of jurisdictional determination letter: ❑ Applicable/supporting case law: El Applicable/supporting scientific literature: O Other information (please specify): SECTION III: SUMMARY OF FINDINGS Complete Spreadsheet Tab "Aquatic Resources" — Required for All AJDs A. RIVERS AND HARBORS ACT (RHA) SECTION 10 DETERMINATION OF JURISDICTION: ❑ "navigable waters of the U.S." within RHA jurisdiction (as defined by 33 CFR part 329) in the review area. • List water(s) and area/length within review area — Required: NOTE: If the navigable water is not subject to the ebb and flow of the tide or included on the District's list of Section 10 navigable waters list, DO NOT USE THIS FORM TO MAKE THE DETERMINATION. The District must continue to follow the procedure outlined in 33 CFR part 329.14 to make a Section 10 RHA navigability determination. B. CLEAN WATER ACT (CWA) SECTION 404 DETERMINATION OF JURISDICTION: "waters of the U.S." within CWA jurisdiction (as defined by 33 CFR part 328.3) in the review area. Check all that apply. • (a)(1): All waters which are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide. (Traditional Navigable Waters or TNW). • Complete Spreadsheet Tab "(a)(1)" - Required ❑ This JD includes a case -specific (a)(1) TNW (Section 404 navigable -in -fact) determination on a water that has not previously been designated as such. Documentation required for this case -specific (a)(1) TNW determination is attached. O (a)(2): All interstate waters, including interstate wetlands. • Complete Spreadsheet Tab "(a)(2)" - Required ❑ (a)(3): The territorial seas. • Complete Spreadsheet Tab "(a)(3)" - Required ❑ (a)(4): All impoundments of waters otherwise identified as waters of the U.S. under 33 CFR part 328.3. • Complete Spreadsheet Tab "(a)(4)" - Required ❑ (a)(5): All tributaries, as defined in 33 CFR part 328.3, of waters identified in paragraphs (a)(1) -(a)(3) of 33 CFR part 328.3. • Complete Spreadsheet Tab "(a)(5)" - Required ❑ (a)(6): All waters adjacent to a water identified in paragraphs (a)(1) -(a)(5) of 33 CFR part 328.3, including wetlands, ponds, lakes, oxbows, impoundments, and similar waters. • Complete Spreadsheet Tab "(a)(6)" - Required ❑ Bordering/Contiguous. Neighboring: ❑ (c)(2)(i): All waters located within 100 feet of the ordinary high water mark (OHWM) of a water identified in paragraphs (a)(1) -(a)(5) of 33 CFR part 328.3. 0 (c)(2)(ii): All waters located within the 100 -year floodplain of a water identified in paragraphs (a)(1) -(a)(5) of 33 CFR part 328.3 and not more than 1,500 feet of the OHWM of such water. El (c)(2)(iii): All waters located within 1,500 feet of the high tide line of a water identified in paragraphs (a)(1) or (a)(3) of 33 CFR part 328.3, and all waters within 1,500 feet of the OHWM of the Great Lakes. ❑ (a)(7): All waters identified in 33 CFR 328.3(a)(7)(i)-(v) where they are determined, on a case -specific basis, to have a significant nexus to a water identified in paragraphs (a)(1) -(a)(3) of 33 CFR part 328.3. • Complete Spreadsheet Tab "(a)(7)" for the significant nexus determination. Attach a map delineating the SPOE watershed boundary with (a)(7) waters identified in the similarly situated analysis. — Required ❑ Includes water(s) that are geographically and physically adjacent per (a)(6), but are being used for established, normal farming, silviculture, and ranching activities (33 USC Section 1344(f)(1)) and therefore are not adjacent and require a case -specific significant nexus analysis. ❑ (a)(8): All waters located within the 100 -year floodplain of a water identified in paragraphs (a)(1) -(a)(3) of 33 CFR part 328.3 not covered by (c)(2)(ii) above and all waters located within 4,000 feet of the high tide line or OHWM of a water identified in paragraphs (a)(1) -(a)(5) of 33 CFR part 328.3 where they are determined on a case -specific basis to have a significant nexus to a water identified in paragraphs (a)(1) -(a)(3) of 33 CFR part 328.3. • Complete Spreadsheet Tab "(a)(8)" for the significant nexus determination. Attach a map delineating the SPOE watershed boundary with (a)(8) waters identified in the similarly situated analysis. — Required El Includes water(s) that are geographically and physically adjacent per (a)(6), but are being used for established, normal farming, silviculture, and ranching activities (33 USC Section 1344(f)(1)) and therefore are not adjacent and require a case -specific significant nexus analysis. C. NON -WATERS OF THE U.S. FINDINGS: Check all that apply. 0 The review area is comprised entirely of dry land. ❑ Potential -(a)(7) Waters: Waters that DO NOT have a significant nexus to a water identified in paragraphs (a)(1) - (a)(3) of 33 CFR part 328.3. • Complete Spreadsheet Tab "NonWaters-No SigNex". Attach a map delineating the SPOE watershed boundary with potential (a)(7) waters identified in the similarly situated analysis. — Required ❑ Includes water(s) that are geographically and physically adjacent per (a)(6), but are being used for established, normal farming, silviculture, and ranching activities (33 USC Section 1344(f)(1)) and therefore are not adjacent and require a case -specific significant nexus analysis. ❑ Potential -(a)(8) Waters: Waters that DO NOT have a significant nexus to a water identified in paragraphs (a)(1) - (a)(3) of 33 CFR part 328.3. • Complete Spreadsheet Tab "NonWaters-No SigNex". Attach a map delineating the SPOE watershed boundary with potential (a)(8) waters identified in the similarly situated analysis. — Required ❑ Includes water(s) that are geographically and physically adjacent per (a)(6), but are being used for established, normal farming, silviculture, and ranching activities (33 USC Section 1344(f)(1)) and therefore are not adjacent and require a case -specific significant nexus analysis. O Excluded Waters (Non -Waters of U.S.), even where they otherwise meet the terms of paragraphs (a)(4) -(a)(8): • Complete Spreadsheet Tab "NonWaters-Excluded" - Required El (b)(1): Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the CWA. ❑ (b)(2): Prior converted cropland. ® (b)(3)(i): Ditches with ephemeral flow that are not a relocated tributary or excavated in a tributary. (b)(3)(ii): Ditches with intermittent flow that are not a relocated tributary, excavated in a tributary, or drain wetlands. O (b)(3)(iii): Ditches that do not flow, either directly or through another water, into a water identified in paragraphs (a)(1) -(a)(3). O (b)(4)(i): Artificially irrigated areas that would revert to dry land should application of water to that area cease. ® (b)(4)(ii): Artificial, constructed lakes and ponds created in dry land such as farm and stock watering ponds, irrigation ponds, settling basins, fields flooded for rice growing, log cleaning ponds, or cooling ponds. ❑ (b)(4)(iii): Artificial reflecting pools or swimming pools created in dry land.' O (b)(4)(iv): Small ornamental waters created in dry land.' ® (b)(4)(v): Water -filled depressions created in dry land incidental to mining or construction activity, including pits excavated for obtaining fill, sand, or gravel that fill with water. O (b)(4)(vi): Erosional features, including gullies, rills, and other ephemeral features that do not meet the definition of tributary, non -wetland swales, and lawfully constructed grassed waterways.' ❑ (b)(4)(vii): Puddles.' ❑ (b)(5): Groundwater, including groundwater drained through subsurface drainage systems.' ❑ (b)(6): Stormwater control features constructed to convey, treat, or store stormwater that are created in dry land.' ❑ (b)(7): Wastewater recycling structures created in dry land; detention and retention basins built for wastewater recycling; groundwater recharge basins; percolation ponds built for wastewater recycling; and water distributary structures built for wastewater recycling. El Other non jurisdictional waters/features within review area that do not meet the definitions in 33 CFR 328.3 of (a)(1) -(a)(8) waters and are not excluded waters identified in (b)(1) -(b)(7). • Complete Spreadsheet Tab "NonWaters-Other" - Required D. ADDITIONAL COMMENTS TO SUPPORT JD: ' In many cases these excluded features will not be specifically identified on the approved JD form, unless specifically requested. Corps Districts may, in case -by -case instances, choose to identify some or all of these features within the review area. Jurisdictional Waters of the U.S. Table 1. (a)(1) Traditional Navigable Waters (a)(1) Waters Name (a)(1) Criteria Rationale to Support (a)(1) Designation Include High Tide Line or Ordinary High Water Mark indicators, when applicable. South Platte River Waters have historically, are currently, and/or are susceptible for commercial navigation, including commercial waterborne recreation, The South Platte River has previously been determined as a TNW by the Denver Regulatory Office due to the commercial commerce within Colorado and Nebraska, Table 2. (a)(2) Interstate Waters (a)(2) Waters Name Rationale to Support (a)(2) Designation N/A _ N/A Table 3. (a)(3) Territorial Seas (a)(3) Waters Name N/A Rationale to Support (a)(3) Designation N/A Table 4. (a)(4) Impoundments (a)(4) Waters Name Rationale to Support (a)(4) Designation N/A N/A N/A N/A Table 5. (a)15)Tributaries (a)(5) Waters Name Flow Regime (a)(1) -(a)(3) Water Name to which Tributary this (a)(5) Breaks Tributary Flows Rationale for (a)(5) Designation and Additional Discussion. Identify flowpath to (a)(1) -(a)(3) water or attach map identifying the flowpath; explain any breaks or flow through excluded/non-jurisdictional features, etc. N/A Choose an item. N/A Choose an item. Choose an N/A N/A Choose an item. N/A item. N/A N/A Choose an item. N/A Choose an item. N/A N/A Choose an item. N/A Choose an j item. N/A Table 6. (a)(61 Adjacent Waters (a)(6) Waters Name (a)(1) -(a)(5) Water Name to which this Water is Adjacent Rationale for (a)(6) Designation and Additional Discussion. Identify the type of water and how the limits of jurisdiction were established (e.g., wetland, 87 Manual/Regional Supplement); explain how the 100 -year floodplain and/or the distance threshold was determined; whether this water extends beyond a threshold; explain if the water is part of a mosaic, etc. N/A NIA N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Table 7. (a)(7) Waters SPOE Name (a)(7) Waters Name (a)(1) -(a)(3) Water Name to which this Water has a Significant Nexus Significant Nexus Determination Identify SPOE watershed; discuss whether any similarly situated waters were present and aggregated for SND; discuss data, provide analysis, and summarize how the waters have more than speculative or insubstantial effect on the physical, chemical, or biological integrity of the (a)(1) -(a)(3) water, etc. N/A N/A N/A N/A N/A N/A N/A N/A Table 8. (a)(8) Waters SPOE Name (a)(8) Waters Name (a)(1) -(a)(3) Water Name to which this Water has a Significant Nexus Significant Nexus Determination Identify SPOE watershed; explain how 100-yr floodplain and/or the distance threshold was determined; discuss whether waters were determined to be similarly situated to subject water and aggregated for SND; discuss data, provide analysis, and then summarize how the waters have more than speculative or insubstantial effect the on the physical, chemical, or biological integrity of the (a)(1) -(a)(3) water, etc. N/A N/A N/A N/A N/A N/A N/A N/A Non -Jurisdictional Waters Table 9. Non-Waters/No Significant Nexus SPOE Name Non-(a)(7)/(a)(8) Waters Name (a)(1) -(a)(3) Water Name to which this Water DOES NOT have a Significant Nexus Basis for Determination that the Functions DO NOT Contribute Significantly to the Chemical, Physical, or Biological Integrity of the (a)(1) -(a)(3) Water. Identify SPOE watershed; explain how 100-yr floodplain and/or the distance threshold was determined; discuss whether waters were determined to be similarly situated to the subject water; discuss data, provide analysis, and summarize how the waters did not have more than a speculative or insubstantial effect on the physical, chemical, or biological integrity of the (a)(1) -(a)(3) water. N/A N/A N/A N/A N/A N/A N/A N/A Table 10. Non-Waters/Excluded Waters and Features Paragraph (b) Excluded Feature/Water Name Rationale for Paragraph (b) Excluded Feature/Water and Additional Discussion. TM- A08-STR01 (Unnamed Ditch) Excluded water (b)(3)(i) — This resource is a ditch that only flows ephemerally and is not a relocated tributary or excavated in a tributary. TM-A17-STR01 (Unnamed Ditch) Excluded water (b)(3)(i) — This resource is a ditch that only flows ephemerally and is not a relocated tributary or excavated in a tributary. TM-A25-STR01 (Unnamed Ditch) Excluded water (b)(3)(i) — This resource is a ditch that only flows ephemerally and is not a relocated tributary or excavated in a tributary. TM-A18-STRO1 (Brighton Ditch) Excluded water (b)(3)(ii) — This resource is a ditch that flows intermittently, is not a relocated tributary or excavated in a tributary, nor does it drain wetlands. TM-A23-STR01 (Brighton Return) Excluded water (b)(3)(ii) — This resource is a ditch that flows intermittently, is not a relocated tributary or excavated in a tributary, nor does it drain wetlands. Wetland A4 Excluded water (b)(4)(ii) — This resource is an artificially constructed pond, created in dry land for the purpose of collecting irrigation water. Wetland A6 Excluded water (b)(4)(ii) — This resource is an artificially constructed pond, created in dry land for the purpose of collecting irrigation water. Wetland A10 Excluded water (b)(4)(v) — This resource is a water -filled pit, excavated in dry land for the purpose of obtaining fill, sand, or gravel incidental to mining. Wetland Al 1 Excluded water (b)(4)(v) — This resource is a water -filled pit, excavated in dry land for the purpose of obtaining fill, sand, or gravel incidental to mining. Wetland Al2 Excluded water (b)(4)(v) — This resource is a water -filled pit, excavated in dry land for the purpose of obtaining fill, sand, or gravel incidental to mining. Wetland A13 Excluded water (b)(4)(v) — This resource is a water -filled pit, excavated in dry land for the purpose of obtaining fill, sand, or gravel incidental to mining. Wetland A14 Excluded water (b)(4)(v) — This resource is a water -filled pit, excavated in dry land for the purpose of obtaining fill, sand, or gravel incidental to mining. Wetland A16 Excluded water (b)(4)(v) — This resource is a water -filled pit, excavated in dry land for the purpose of obtaining fill, sand, or gravel incidental to mining. TM -A15 -Pond -Q1 Excluded water (b)(4)(v) — This resource is a water -filled pit, excavated in dry land for the purpose of obtaining fill, sand, or gravel incidental to mining. DT -Pond -02 Excluded water (b)(4)(v) — This resource is a water -filled pit, excavated in dry land for the purpose of obtaining fill, sand, or gravel incidental to mining. Table 11. Non-Waters/Other Other Non -Waters of U.S. Feature/Water Name Rationale for Non -Waters of U.S. Feature/Water and Additional Discussion. N/A N/A Waters_Name NWO-2004-80251-DEN NWO-2004-80251-DEN NWO-2004-80251-DEN NWO-2004-80251-DEN NWO-2004-80251-DEN NWO-2004-80251-DEN NWO-2004-80251-DEN NWO-2004-80251-DEN NWO-2004-80251-DEN NWO-2004-80251-DEN O -2004 -80251 -DEN NWO-2004-80251-DEN NWO-2004-80251-DEN NWO-2004-80251-DEN NWO-2004-80251-DEN NWO-2004-80251-DEN NWO-2004-80251-DEN DT -Pond -02 TM-A01-STR01 (South Platte River) TM-A08-STR01 TM -A15 -Pond -01 TM-A17-STR01 TM-A18-STR01 (Brighton Ditch) TM-A23-STR01 (Brighton Return) TM-A25-STR01 Wetland A10 Wetland All Wetland Al2 Wetland A13 Wetland A14 Wetland A16 Wetland A4 Wetland A6 Cowardin Code Ll-LACUSTRINE, LIMNETIC R5-RIVERINE, UNKNOWN PERENNIAL R6-RIVERINE, EPHEMERAL Ll-LACUSTRINE, LIMNETIC R6-RIVERINE, EPHEMERAL R4-RIVERINE, INTERMIT R4-RIVERINE, INTERMIT R6-RIVERINE, EPHEMERAL PFO-PALUSTRINE, FORESTED PEM-PALUSTRINE, EMERGENT PEM-PALUSTRINE, EMERGENT PEM-PALUSTRINE, EMERGENT PEM-PALUSTRINE, EMERGENT PEM-PALUSTRINE, EMERGENT PFO-PALUSTRINE, FORESTED PSS-PALUSTRINE, SCRUB -SHRUB Amount Units Waters_Type Latitude Longitude Local Watery 3.09 ACRES EXCLDB4V 39.99505 -104.834 3.79 ACRES Al 39.99171 -104.829 0.03 ACRES EXCLDB3I 39.98925 -104.839 Unnamed 0.61 ACRES EXCLDB4V 39.99035 -104.842 0.06 ACRES EXCLDB3I 39.98734 -104.843 Unnamed 1.29 ACRES EXCLDB3II 39.98836 -104.844 0.96 ACRES EXCLDB3II 39.98508 -104.84 0.06 ACRES EXCLDB3I 39.98752 -104.844 Unnamed 0.76 ACRES EXCLDB4V 39.98888 -104.844 1 ACRES EXCLDB4V 39.98979 -104.843 0.47 ACRES EXCLDB4V 39.9918 -104.842 0.02 ACRES EXCLDB4V 39.99205 -104.842 0.06 ACRES EXCLDB4V 39.99259 -104.842 0.19 ACRES EXCLDB4V 39.9885 -104.84 0.53 ACRES EXCLDB4II 39.99056 -104.833 3.56 ACRES EXCLDB4II 39.99065 -104.835 Administrative Appeal Process for Approved Jurisdictional Determinations To continue with appeal process, appellant must revise RFA See Appendix D. Yes District issues approved DPI Jurisdictional Determination (JD) to applicant/landowner with NAP. ApplicantAandowner provides new information? Applicant decides to appeal approved JD. Applicant submks RFA to division engineer within 60 days of date of NAP. Corps reviews RFA end notifies appellant within 30 days of receipt. Division engineer or designee remands decision to district, with specific instructions, for reconsideration: appeal process completed. Appendix C Optional JD Appeals Meeting and/or site investigation. RO reviews record and the division engineer (or designee) renders a decision on the merits of the appeal within 90 days of receipt of an acceptable RFA District's decision is upheld; appeal process completed, 1 t)`t al+'It.A lO 3O AID IN 'I'I AJ 1V APPEAL OP 1 IO JS A ll PRO I. AND REOI i+:` l 1 OR APPD+;AI, Applicant: Aggregate Industries. Inc. I ile Number: Nwo-2044-80251-DEN Date: 07/23/2019 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Penult or Letter of permission) B PERMIT DENIAL. C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E "SECTION decision. Corps I M=`' 'hhe followuig iderififies" bur rights and options regarding an ac stir istrafiive appeal of the above Additional information may be found at http://usace.army.mil/inetlfunctions/cw/cecwo/reg or regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. t a OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit ACCEPT: if you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JO in its entirety, and waive all rights to appeal the approved JD. a APPEAL: If you disagree with the approved JD, you may appeal the approved. JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY regarding approved provide JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an JD (which may be appealed), by contacting the Corps district for further instruction. Also you may new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL P OFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) i ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However; you may provide additional information to clarify the location of information that is already in the administrative record. POTl`TT OF ;CON I ACT FOR QUEST IONSS Oi FORMATS O tf If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may process you may contact: also contact: Kiel Downing US Army Corps of Engineers, Northwestern Division Denver Regulatory Office Attn: Melinda Larsen, Regulatory Appeals Officer 9307 South Wadsworth Blvd. 1201 NE Lloyd Blvd., Suite 400 Littleton, CO 80128 Portland, OR 97232-1257 Telephone (503) 808-3888 Kiel.G.Downing@usace.armny.mil Melinda.M.Larsen@usace.army.mil RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: LSignature of appellant or agent. _1 1 TM -MO -WT Tit A25•STR.Ot 1 1 I ! nw►,s�rt 440 3-VVT-31 hi'A 1 1 JP • i a '12•WT-ct 141,A00 ',I ' Cowta to TM 40&-S1RM1 y{r.rs.sol. Pent Fr, .__4...* lads Tuscon South Mine Project Figure 2 Wetland Delineation Results Map Adams County, CO February 2019 Legend lr Project Area Sample Plots Swale Upland Sample Plot Wetland Sample Plot Field Delineated Features Pond Stream 1 Wetland Transportation State Highway e G 250 500 Feet S:ra e rs 1.3,800 when printed at 22x34•" t;wrtNg! C'FLD coiaNTY Longmont • YAORGAN COUNTY )Project Location] Boulder • Brighton . =tafaS e CO. T f Lrsn»R aQ•M5 Cr; + OvlITV � 'c_ k' ti Dei�vtar' ,,3 -- v_ e�r��soN • CoVhTY a •y3 ARRPahOE ,J't'. 1 1 COUNTY Y7 +►:s,t :K.- TETRATECH COUM'►t r Savage and Savage (2021) Exhibit J, Vegetation Information EXHIBIT J- Vegetation Information Site Description A Savage and Savage botanist and plant ecologist conducted an on -site vegetation assessment for the proposed Aggregate Industries Tucson South Conveyor project site on June 29, 2021. The project site is comprised of approximately 7200 linear feet of conveyor corridor within the east half of Section 36 of Township 1 North, Range 67 West, Weld County, Colorado, and the east half of Section 1, of Township 1 South, Range 67 West of the 6th Prime Meridian, Adams County, Colorado. The center of the project site is located at 40.003140° latitude and -104.839075° longitude. The property is located northwest of Brighton, Colorado between Colorado Highway 7, and Weld County Road 23.75. The project site is accessed from Tucson Street and Weld County Road 23.5. Weather during the site investigation was warm, dry, and partly overcast with a temperature in the mid -60's (°F). The topography of the site is dominated by the primary alluvial terrace of the South Platte River. The elevation of the project area averages 4955 feet and slopes gently to the east toward the river. The soils that dominate the site are formed from alluvium and consist of loarns and clays, generally underlain by aggregate with varying groundwater levels. The significant hydrologic feature near the site is the South Platte River. The conveyor corridor is sited alongside Tucson Street north of Colorado Highway 7 and Weld County Road 23.5 north of Colorado Highway 7 (Figure 1). The general area has been developed for aggregate resources and agriculture, with little of the native vegetation remaining. These areas have no tree overstory and no shrub understory. Active and inactive agricultural areas dominate the remainder of the area adjacent to the proposed conveyor corridor. Three vegetation communities or types are found within the proposed Tucson South Conveyor project site: dryland agriculture, pivot -irrigated agriculture, and a reclaimed herbaceous grass and forb community. The vegetation communities are within three distinct locations along the proposed conveyor corridor. Vegetation Communities Dryland Agriculture The dryland agriculture community is located along Weld County Road 23.5 at the north end of the proposed conveyor corridor. This community extends from Weld County Road 23.75 0.26 miles south (Figure 2). At the time of the site investigation, the field had been tilled but not planted to a crop. There was no vegetation cover in the field at the time of the site investigation. Immediately adjacent to Weld County Road 23.5, and outside the plowed field there is a fringe of herbaceous ruderal weedy vegetation comprised of curly dock (Rumex crispus), lambsquarters (Chenopodium album), ironweed (Bassia sieversiana), milkweed (Asclepias speciosa), and annual sunflower (Helianthus annuus). There is no tree or shrub stratum present. Exhibit J Page 1 Total vegetation cover in this area was estimated to be 35 percent, with height of principal lifeforms within this fringe community as follows; trees, not found; tall shrubs, not found; low shrubs, not found; grasses, 12-18 inches; forbs, 12-20 inches. This agricultural field is located within the Altvan and Aquolls soil units. The Natural Resource Conservation Service soil survey reports yields for common crops (1980) as follows; alfalfa hay (5 tons/acre), sugar beets (23 tons/acre), corn (160 bushels/acre), corn silage (33 tons/acre), dry pinto beans (2400 pounds/acre), onions (525 sacks/acre), and potatoes (325 hundredweight/acre). Pivot Irrigated Agriculture The pivot -irrigated agriculture community is located along Weld County Road 23.5 at the center of the proposed conveyor corridor. This community extends from the dryland agricultural field 0.5 miles south to E. 168th Avenue. (Figure 3). This field had been planted to corn at the time of the site investigation with an estimated cover of 60 percent, and a height of 18 inches. Immediately adjacent to Weld County Road 23.5, and outside the plowed field there is a fringe of herbaceous ruderal weedy vegetation comprised of cheatgrass (Bromus tectorum), flixweed (Descurainia pinnata), kochia (Kochia scoparia), and horseweed (Conyza canadensis). There is no tree or shrub stratum present. Total vegetation cover in this fringe area was estimated to be 30 percent, with height of principal lifeforms within this fringe vegetation community is as follows; trees, not found; tall shrubs, not found; low shrubs, not found; grasses, 12-18 inches; forbs, 12-30 inches. This agricultural field is located within the Dacono and Nunn soil units. The Natural Resource Conservation Service soil survey reports yields for common crops (1980) as follows; alfalfa hay (5.5 tons/acre), sugar beets (20-25 tons/acre), corn (150-160 bushels/acre), corn silage (30-33 tons/acre), dry pinto beans (2400 pounds/acre), onions (525 sacks/acre), and potatoes (325 hundredweight/acre). At the north boundary of the pivot -irrigated agricultural field there is a small tailwater pond that contains a cattail marsh. This feature is outside the proposed conveyor corridor. Reclaimed Vegetation Community The proposed conveyor corridor crosses E 168th Avenue and proceeds east 0.1 mile to Tucson Street where the corridor then proceeds 0.5 miles south to its origin. This segment of the proposed corridor flanks a water storage reservoir with a boundary that has been reclaimed to herbaceous vegetation under a Colorado Division of Reclamation, Mining and Safety permit (M-2003-103). Vegetation along the conveyor corridor is dominated by smooth brome (Bromus inermis), western wheatgrass (Agropyron smithii), and curly dock (Rumex crispus), with a minor presence of cheatgrass (Bromus tectorum) and whitetop (Cardaria draba). There is no tree or shrub stratum present. Exhibit J Page 2 Total vegetation cover in this fringe area was estimated to be 40 percent, with height of principal lifeforms within this fringe vegetation community is as follows; trees, not found; tall shrubs, not found; low shrubs, not found; grasses, 8-30 inches; forbs, 6-24 inches. This vegetation community is located within the former loamy alluvial land, gravelly substratum and loamy alluvial land, moderately wet soil units. Threatened and Endangered Species and Critical Habitat Potential habitat for the Ute ladies' -tresses orchid (Spiranthes diluvialis), the sole threatened or endangered plant species known in the area, is not present within the project site. The current proposed corridor does not include disturbance to Ute ladies' -tresses orchid potential critical habitat; therefore, no further evaluation was undertaken. Exhibit J Page 3 Figure 1. Aggregate lndustri Tucson South Proposed Conveyor Rout Vegetation Types and Land Uses AG D Dryland Agriculture AG I Irrigated Agriculture WS/Rec Water Storage Reclaimed Mine Figure 2. Dryland Agricultural Field, Tucson South Conveyor Corridor (June 29, 2021) Figure 3. Pivot -Irrigated Agricultural Field, Tucson South Conveyor Corridor (June 29, 2021) Exhibit J Page 5 Figure 4. Reclaimed Vegetation Community, Tucson South Conveyor Corridor (June 29, 2021) Exhibit J Page 6 EXHIBIT K - CLIMATE INFORMATION The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.11 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: Provide a description of the significant climatological factors for the locality. This property is in a semi -arid continental climate strongly influenced by the Rocky Mountains. The area is usually warm in the summer with frequent hot days. In winter, periods of very cold weather are caused by arctic air moving in from the north or northwest. Milder periods occur when westerly winds are warmed as they move down slope off of the mountains to the west. Weather monitoring data is not available from the site. Climate information is available from the Westem Regional Center in Brighton, Colorado. The table below lists the average minimum and maximum temperature, and average total precipitation on a monthly and annual basis for the period of record from October 1, 1973 to June 10, 2016. Most of the precipitation occurs as rainfall during the warmer part of the year with the heaviest rainfalls in the late spring and early summer. Winter snowfall is frequent but the snow cover usually melts quickly during the milder periods. Average Max. Temperature (F) Average Min. Temperature (F) Average Total Precipitation (n.) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov 43.3 46.9 55.8 63.8 72.8 83.8 89.6 87.1 79.1 67.1 14.8 18.4 26.0 Dec Annual 52.4 43.9 66.5 33.5 42.7 51.6 57.1 55.2 46.0 34.5 23.7 15.6 34.9 0.42 0.39 1.11 1.76 2.33 1.60 1.64 1.63 0.95 0.92 0.76 0.51 14.03 Aggregate Industries - Tucson South Amendment — MLRB 112 Permit Application Exhibit K -1 EXHIBIT L - RECLAMATION COSTS The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.12 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: The site would be 100% mined and 100% reclaimed. Mining will be complete for this site with mining occurring with the final slope (3H:1V). The mined volume would be replaced with inert fill. This site will require final grading, topsoil placement, seed and mulch. Please refer to the attached table for estimates of quantities and associated costs. Aggregate Industries — Tucson South Amendment — MLRB 112 Permit Application Exhibit L -1 EXHIBIT L - RECLAMATION COST ESTIMATE FOR TUCSON SOUTH MINE Activity Quantity Units Unit Costs Cost A Existing DRMS Direct Cost Estimate (11/15/19) Backfill remaining East Cell mining face and side slopes $ 49,073.00 2 Rough grade disturbed area in East Cell (85' x 2300') $ 404.00 3 Replace topsoil on backfilled mining cell area above HWL $ 63,272.00 4 Final grade East Cell (85' x 230(')+(800'+100') $ 571.00 5 Excavate, haul and backfill material for South Mine key $ 2,285,607.00 1 6 Replace topsoil south cell $ 12,338.00 7 Replace topsoil on internal haul roads and main site entrance $ 2,518.00 8 Replace topsoil on conveyor route $ 4,288,00 9 Replace topsoil on stockpile areas $ 4,196.00 10 Scarify internal haul roads and conveyor route $ 748,00 11 Final grade all miscellaneous areas (8.3 acres x.5') $ 734.00 12 Revegetation of Affected Land $ 112,332,00 13 Mobilization $ 32,278.00 14 East Cell Slurry Wall, Contingency $ 145,800.00 Su5PdflEklitin9DRMS Cost Estimate'.i$3 714L159:00 Less South Area Obligations due to Acreage Reduction (TR-02, South Cell) 1 No excavate, haul and backfill material for South Mine Area $ (2,285,607.00) 2 No replace topsoil south cell $ (12,338 00) ✓r�:k" .st*^=' :... .f F, ,:. Rstgo dBfigtag DRMS Cost Estimate:;$1 1e11'4,1S,2(4:p0.. C (Direct Costs to Remove Off -Site Conveyor Undercrossinq Tucson Street 1 Remove Conveyor Belt and Reclaim 1 LS $ 5,000.00 $ 5,000.00 2 Demolish and Remove Concrete Culvert (8' x 10' 0 100' w 3.1:1 wingwalls) 207 CY $ 65.00 $ 13,455.00 3 Reestablish Utilities 4 EA $ 4,000.00 $ 16,000.00 4 Backfill and Compact Soil 1,890 CY $ 3.00 $ 5,670.00 5 Repave (50 SY, 7" thick) 19.25 TONS $ 95.00 $ 1,828.75 6 Revegetation of Affected Land (approx. 1 acre) 1 LS $ 2,500.00 $ 2,500.00 Tucson'SbeetUndercrossng Subtotal $' `` 44;453.75 $ Direct Costs to Remove Off -Site Conveyor Undercrossinq 168th Avenue (Baseline) 1 Remove Conveyor Belt and Reclaim 1 LS $ 5,000.00 $ 5,000.00 2 Demolish and Remove Concrete Culvert (8' 010' x 63'w 5.67:1 wingwalls) 196 CY $ 65.00 $ 12,740.00 3 Reestablish Utilities 3 EA $ 4,000.00 $ 12,000.00 14 Backfill and Compact Soil 1,690 CY $ 3.00 $ 5,070.00 5 Repave (60 SY, 7' thick) 23.10 TONS $ 95.00 $ 2,194.50 6 Reve.eta6on of Affected Land (ap rox t acre) 1 LS $ 2,500.00 $ 2,500,00 k ) , W i, VO, .4 - 168th Avenue:(Basetore)Undercrossin9 Subtotal;),'•. E :r irect Costs to Remove Off -Site Conveyor Undercrossinq WCR 2.75 ' 1 Remove Conveyor Belt and Reclaim 1 LS $ 5,000.00 $ 5,000.00 2 Demolish and Remove Concrete Culvert (8' 0 10'x80' w 3.1:1 wingwalls; 188 CY $ 65.00 $ 12,220.00 3 Reestablish Utilities 0 EA $ 4,000.00 $ - 4 Backfill and Compact Soil 1,512 CY $ 3.00 $ 4,536.00 5 Compact 12' of madbase (60 SY) 20 CY $ 3.00 $ 60.00 6 Reve.etation of Affected Land rox 1 acre) 1 LS $ 2,500 00 $ 2,500.00 R23:25UndercrossingSubtotal -24;310,0 F rirect Costs to Remove Overhead Aurora Crossing 1 Remove Conveyor and Towers 1 LS $ 15,000.00 $ 15,000.00 2 Remove Two Tower Footings, backfill & compact (17.5' x 10.5' 0 2.5', each; 34 CY $ 70.00 $ 2,380.00 3 Remove Three Footings, backfill & compact (11' x 4' x 2.5', each) 12 CY $ 70.00 $ 840.00 4 Reve.etation of Affected Land approx. l acre) 1 LS $ 2,500.00 $ 2,500.00 Auroraf}vediead;Ciossing SubtotaPz$v r7 _ lrect Costs to Remove Overhead Struck Oil/Gas Crossing 1 Remove Conveyor and Towers 1 LS $ 20,000.00 $ 20,000.00 2 Remove Three Tower Footings, backfill & compact (17,5'x 10.5' x 2.5', each) 51 CY $ 70.00 $ 3,570.00 3 Remove Ten Footings, backfill & compact (11' x 4' x 2.5', each; 41 CY $ 70.00 $ 2,870,00 4 Rev e elation of Affected Land a.m. 1 acre, return to a ncultoral land 1 LS $ 2,500.00 $ 2,500.00 Shp. e r.." :adCrossrn Subtotal':. H rirect Costs to Remove Conveyor on Aurora Property 1 Remove Conveyor Belt and Reclaim 1 LS $ 15,000.00 $ 15,000.00 2 Revegetalon of Affected Land (approx. 4 acres) 1 LS $ 7,500.00 $ 7,500.00 Aurora Conveyor Removal Subtotal $ ;v`: 22,500;00 Direct Costs to Remove Conveyor on Yoshi & Suzu, 3 Struck and T Struck Pro dies 1 Remove Conveyor Belt and Reclaim IRevegetation 1 LS $ 15,000.00 $ 15,000.00 2 of Affected Land (approx. 4 acre, return to agricultural land) 1 LS $ 4,500.00 $ 4,500.00 .. ' , Yoshi & Suzu, D Struck and T Stnick`Canveyor.Removal Sublola ,`$': `; `,`,'f 9500.00' Total Direct Costs $ 616,148.25 Total Disturbance Costs - $ -616,148.25 ndirect Costs lverhead & Profit Performance Bond (2.02%) - Based on DRMS estimate Performance Bond (3.07%) - Based on DRMS estimate ob Superintendent (8 hours @ $75mr) ontractor Mob and DeMob (3%) - Based on DRMS estimate Contractor Overhead and Profit (10%) - Based on DRMS estimate $ 12446.19 $ 18,915.75 $ 600.00 $ 18,484,45 $ 61,614.83 Subtotal $ : 112,061.22 Contract Amount (direct +0&P) $. ' 728,209.47 Legal, Engineering & Project Management Financial warranty processing (legal/related casts) ($500) Engineering Work and/or oantract/bid preparation (4.25%) Reclamation management and/or administration (5%) - Based on DRMS estimate ondngency(3%) $ 500.00 $ 30,948.90 $ 36,410.47 $ 18,484.45 Subtotal $ 96,343.82 Dial Indirect Costs $ 198,405.04 T5laE "n&Ahiedkrt ' ., :,,t', '.�r=, `. ,s� ,,.'.s $` .�r8A4553;29i: EXHIBIT M - OTHER PERMITS AND LICENSES The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.13 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations: The Operator either has or will obtain: • Adams County Conditional Use Permit - Al has obtained a Conditional Use Permit for Gravel Mining. • Adams County Floodplain Use Permit - Al is in the process of obtaining an Adams County Floodplain Use Permit. • Adams County Erosion Control and Sediment Control Plan - Al will apply to Adams County for an Erosion and Sediment Control Plan. • Adams County Conservation Plan - Al will apply for a Conservation Plan Permit. • Well Permit and Substitute Substitute Water Supply Plan - A Substitute Water Supply Plan and well permit have been obtained from the State Engineer's Office. • APEN. Colorado Department of Heath and Environment Air Pollution Emission Notification Permit - Permits will be obtained prior to operations. • CDPS. Colorado Department of Public Health and Environment Colorado Discharge Permit System Permit - Permits will be obtained prior to operations. • Adams County work in the ROW Permit - Permit will be obtained prior to any required work within Adams County road right of ways. • Adams County Building Permit - Al has applied to Adams County for a building permit for the conveyor. • Weld County Floodplain Use Permit - Al is in the process of obtaining a Weld County Floodplain Use Permit. • Weld County Erosion Control and Sediment Control Plan - Al will apply to Weld County for an Erosion and Sediment Control Plan. • Weld County Building Permit — Al will apply to Weld County for a building permit for the conveyor. • Weld County Right -of -Way Infrastructure Permit -Al is in the process of obtaining this permk. Aggregate Industries — Tucson South Amendment — MLRB 112 Permit Application Exhibit M -1 EXHIBIT N - SOURCE OF LEGAL RIGHT TO ENTER This information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.7 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations. Please refer to the attached legal right -to -enter documents. Aggregate Industries — Tucson South Amendment — MLRB 112 Permit Application Exhibit N -1 CONSENT TO PERMITTING ACTIVITIES This Consent is granted by the City of Aurora, whose address is 15151 E. Alameda Parkway, Suite 3200, Aurora, Colorado, 80012, in favor of Aggregate Industries-WCR, Inc. ("Al"), whose address is 1687 Cole Boulevard, Suite 300, Golden, CO 80401. Aurora and AI are parties to a purchase and sale agreement pertaining to gravel pit reservoirs near Brighton, Colorado, and are in the process of amending said agreement. The parties contemplate that certain lands now owned by Aurora, and described in Exhibit A hereto (the "Real Property"), will be mined by AI pursuant to the amended agreement. Aurora hereby consents to AI's inclusion of the Real Property in all federal, state and local permit applications necessary for AI to conduct a sand and gravel mining operation on the Real Property. This Consent will automatically terminate in the event AI and Aurora have not entered into an amended agreement providing for AI's mining of the Real Property by September 30, 2018. Hector efinoso, Manager Real Property Services Division Public Works Department City of Aurora STATE OF COLORADO ) ss COUNTY OF ARAPAHOE ) The foregoing instrument was acknowledged before me this g day of S 2017, by Hector Reynosa, Manager, Real Property Services Division, Public Works Department, City of Aurora, Colorado. Witness my hand and official seal. 69-St.1 tmC.t3C> Notary Public My commission expires: �'a- • a (SEAL) LEIANA BAKER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 2001402160E MY COMMISSION EXPIRES 0TOW2021 Aggregate Industries Tucson South Permit Amendment Page N -1A Exhibit A To Consent to Permitting Activities Horiuchi/Faudoa Parcel That part of the Southwest One -Quarter of Section 1, Township 1 South, Range 67 West of the 6th Principal Meridian, Adams County, Colorado, described as: Beginning at the center of said Section 1; thence N90°00'00"W on an assumed bearing along the East-West centerline of said Section 1 a distance of 30.00 feet to the true point of beginning; thence continuing along said tine a distance of 324.12 feet; thence S00°1 l'00"W along a line parallel to the North -South centerline of said Section 1 a distance of 672.00 feet; thence N90°00'00"E on a line parallel to the East- West centerline of said Section 1 a distance of 324.12 feet; thence N00°1 l'00"E on a line parallel to the North -South centerline of said Section 1 a distance of 672.00 feet to the true point of beginning. County of Adams, State of Colorado. Also known by street and number as: 16315 Tucson Street, Brighton, CO 80601 Mars Parcel That part of the Southwest Quarter of the Southeast Quarter (SW�/4SE%s) of Section 1, Township 1 South, Range 67 West of the 6th Principal Meridian, Adams County, Colorado, described as follows: Beginning at a point on the North line of said Southwest Quarter of the Southeast Quarter (SWASE1/4), 30 feet East of the Northwest corner of said Southwest Quarter of the Southeast Quarter (SW'/SEr/a); thence Fast along said North line 850 feet; thence South parallel with the West line of said Southwest Quarter of the Southeast Quarter (SWSE'/4), 250 feet; thence West parallel with the North line of said Southwest Quarter of the Southeast Quarter (SW�/4SE' ), 850 feet; thence North 250 feet to the point of beginning, County of Adams, State of Colorado. Also known by APN number: 157101000017 --- End of Document — Aggregate Industries Tucson South Permit Amendment Page N -1B Dice State Doo. Yea O 6 C1020994 9/09/2002P6;20001�004 21.00 DOC ER FEE; 88.97 CAROL GENERAL WARRANTY DEED ADAMS COUNTY THIS DEED, made as of this 4th day of September 2002, is by and between Leonard C. Leon and Lydia B. Leon whose address is 13115 B. 160th Avenue, Brighton Colorado 80601 ("Grantor"), and Aggregate Industries-WCR Inc., a Colorado corporation, whose address is 3605 South Teller Street, Lakewood, Colorado 80235 ("Grantee"). WITNESSETH, that Grantor, for and in consideration of the sum of Ten and 00/100 Dollars (810.00) to Grantor in hand paid by Grantee, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto Grantee, its heirs, successors and assigns forever, the real property situate in the County of Adams, State of Colorado, and more particularly described on Exhibit A attached hereto and incorporated herein by this reference (hereinafter "the Property"), TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, including, but not limited to, all gravel, sand, coal, carbon dioxide, helium, geothermal resources, and all other naturally occurring elements, compounds and substances, whether similar or dissimilar, organic or inorganic, metallic or non-metallic in whatsoever form and whether occurring, found, extracted or removed in solid, liquid or gaseous state or in combination, association or solution with other mineral or non -mineral substances, regardless of their intended use or current commercial value, and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the Property, with the hereditaments and appurtenances, except as otherwise provided herein. RESERVING, however, unto the Grantor, all right, title, and interest in and to all gold, oil, gas, and other liquid hydrocarbon substances, and casinghead gas (collectively the "Reserved Minerals"), together with the right to mine and remove the same. Notwithstanding the foregoing reservation, it is expressly recognized that the minerals and mineral rights conveyed to Grantee herein are dominant to Grantor's rights with respect to the Reserved Minerals, and that Grantor may not mine and remove any of the Reserved Minerals in such a manner as to interfere with or make more expensive the mining or development of gravel, sand or other minerals by Grantee. In addition, it is expressly recognized that Grantee will have the right to mine and develop gravel, sand and other minerals conveyed to it hereunder without testing for, and without any obligation to account to Grantor for, any gold that may be interspersed with or found in conjunction with such sand, gravel or other minerals. TO HAVE AND TO HOLD the Property above bargained and described, with the appurtenances unto Grantee, its heirs, successors and assigns forever. And Grantor, for itself, its successors and assigns, does covenant, grant, bargain and agree to and with Grantee, its heirs, successors and assigns, that at the time of the ensealing and delivery of these presents it is well seized of the Property, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, lidll power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same is free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever except general taxes and assessments for the current year and all subsequent years; and except for those matters shown on Exhibit B attached hereto and incorporated herein; and the above bargained premises in the quiet and peaceable possession of Grantee, its successors and assigns, will warrant or forever defend against all and every person or persons lawfully claiming or to claim the whole or any part thereof. Aggregate Industries Tucson South Permit Amendment Page N-1 1 CMG-�tc¢�'8 4' .�- V loci IN WITNESS WHEREOF, Grantor has executed this Deed as of the day and year first above written. STATE OF CuI exalt) COUNTY OF -beryl! is. The foregoing instrument was acknowledged before me this Lday of %191"Piv426, ,X)DZ , by kc!rbrd C truer. and Lyelta_f.. Lear,. Witness my hand and official seal. My commission expires: 53150a)--= Notary Public Aggregate Industries Tucson South Permit Amendment Page N-2 2 EXHIBIT "A" LEGAL DESCRIPTION TES SW1/4 OF TEE SE1/4 OF SECTION 1, TOWNSHIP 1 SOUTH, RANGE 67 WEST, EXCEPT TEAT PART AS DESCRIBED IN BOOK 1055 AT PAGE 52, AND IN TEE 1214 AT PAGE 326 AND EXCEPT THAT PART DESCRIBED IN BOOK 1205 AT PAGE 128, COUNTY OF ADAMS, STATE OF COLORADO. Aggregate Industries Tucson South Permit Amendment Paae N-3 EXHIBIT "B" PERMITTED EXCEPTIONS 1. Taxes for the year 2002, and subsequent years; special assessments or charges not certified to the County Treasurer. 2. Oil and Gas recorded June 02, 1970, in Book 1602 at Page 236, and any assignments thereof or interests therein or rights thereunder. 3. Oil and Gas recorded February 27, 1975, in Book 1979 at Page 732, and any assignments thereof or interests therein or rights thereunder. 4. Oil and Gas recorded February 27, 1975, in Book 1979 at Page 736, and any assignments thereof or interests therein or rights thereunder. 5. Reservations contained in Deed recorded January 14, 1985, in Book 2957 at Page 179. 6. Terms, conditions, provisions and obligations contained in Option Agreement, recorded January 22, 2002, at Reception Number C0916204. 7. Lease by and between Aggregate Industries, Lessor and Leonard C. Leon and Lydia S. Leon, Lessee. B. Reservations contained in Deed from Leonard C. Leon and Lydia S. Leon to Aggregate Industries - WCR, Inc. 9. Encroachment of the ditch and fence onto an adjoining parcel to the North as evidenced by survey of Farnsworth Group, dated August 29, 2002, Job Number 302052.1. 10. 30 foot right of way along the Western boundary of the subject property for Tuscan Street as evidenced by survey of Farnsworth Group, dated August 29, 2002, Job Number 302052.1. Aggregate Industries Tucson South Permit Amendment Pane N-4 RECEPTIO21#: 2017000062415, 07/20/2017 at 09:54:24 AM, 1 OF 2, State Documentary Pee 00.00 TD Pya. 2 Duce Type:SPHTY Stan Martin, Adams County, CO SPECIAL WARRANTY DASD 11118 DUD. dated I*I' , zam biomes TLamas Z Ma of to Comsy of Ads= eat SWo of tblgado, gtudor, oni to aty of Anima, a Colons& cur al oo poss ioa efts Oaaoaia of Adams, Mapes* sod Douglas sating by and annigh Os Utility Estegnias whose bpi addmm is 15151$. Alameda Pkwy, Arms, CO 80012 of tie Coady of Asapaboe sad Mem of Colaado, assn NO DOCUMENTARY FEE ILEQUIRCITY OF MOR& IS EXEMPT Wi7NBSS, that ea rime:, for audio o oos Wee Haan of OWL HUNDRED SDt1Y R(EX THOUSAND ANDNO DOLLARS i6H,000.00),ffisteoaipteel sniEcinnyafwbdabhlaebysrJmow1edgad,hasgeacsd,bax�caiod, gad endemaseedsod byihessra�dos■ ssal bareab, sot eaawyawleaodonasotluspewe,lbsocceuavtsaad oftter+s pamaes�oYe aarf>6 ifany. sit e, lying and baaginthe Comm 6fAdm snd$tsarCa$oau SEE ATTACHED EMELT "A" • Asecawts sir k,k at reel amber 0157101900011 TOGRTITER adds aH sad:ogal.r ma beua8@aaatts and appa6tooae thataaub hirerleite, or is ad wiae Re Mei=u tsyataloSR mans der end remainders, amtr, imam and profits tbemaf amt all She adds, prey aintrost, ekes ea Amend whatsoever appaSmanothemmsoRaitheeiskworwTay . ofmasdlode above tagisd TO SAYE AND TO HOLD the acid abort* batgafaud sad described, with the epporenisnosn, ado to its wooesarsendemism %mvaa.for bolt its aukaadmaim, does coral= and epee that rt ton and will WARRANT AND PO DEFEND the alma Mryaeadd preens in the apse mad pamadda efts gsaata,iesa000essmsadusiVel 11and racy palms apessasaiabamatinwhalemirayPart b1, through ornerier Me raft 1NWITNESS WnERSOF, the gtaator1es aroaandthis deed ends date set Seth above. 7tna7i,a2.��6�� SThTE OF COLORADO aoIN1YOP Elbert The Sawing haesamtvia adoeowladgsdWon zoo ibis 11 thy ofkiy,2117, by Thomas Z. Miro Witness ray band sad a istawd. biyawsmdadmexgaen $ -!0 . /9 DIME illy Wen May Pulls Babe IS Womb w �ID aiL i ouslots tiztt ., d� • 7r A J Mentela wacaasasc Sacra.. WalalgOXam Aggregate Industries Tucson South Permit Amendment Paae N-5 RECEPTION$: 2017000062415, 07/20/2017 at 09:54:24 AM, 2 OF 2, State Documentary Fee $0,00 TD Bye: 2 Doc Type:SFRTY Stan Mac:Liu, Adams County, CO E xhihkA Legal Description of the Property - That part of tre Southwest Quarter of the Southeast Quarter (SWY.SER of section 1, Township -I South, Range 57 Weat of the 86t Pdndpai Meddler, Adams County, Cototauip,da lbed are follows: Beginning at a point on the North Ike of said Southwest Quarter of the Southeast Quarter (SINKSE)7.1S0 feet East of the Northwest ootaer amid Swttrsaest Quarter of the Southeast Quarter (SWY.SE%); thence East along avid North wire 850 feet; thence South parallel with the Wrest One of said Southwest Quarter of the Southeast Quarter (SWYSE'/sj, 250 feel; thence West petebel weh the North One of said Southwest Quarter of the Southeast Quarter (SWY.SE%), 850 feat thence North 250 feet to the paint of beginning. County of Adams. State of Colorado_ Also known byAPN marker 157101000017 11 Aggregate Industries Tucson South Permit Amendment Page N-6 I RECEPTION#: 2018000077570. 9/2.1/2018 at 3:35 PM. 1 OF 4� REC: $28.00 Stan Martin. Adams County. cp. SPECIAL WARRANTY DEED (Seltzer Well Site) THIS DEED, made this 0- day of Atler t_.- , 2012, by and between TODD CREEK VILLAGE METROPOLITAN DISTRICT, a Colorado special district and political subdivision of the State of Colorado organized and acting pursuant to the provisions of Article 1, Title 32, C.R.S., whose legal address is 10450 E. 159th Ct., Brighton, CO 80601 ("Grantor"), and AGGREGATE INDUSTRIES - WCR, INC., a Colorado corporation, whose address is 1707 Cole Blvd., Suite 100, Golden, CO 80401 ("Grantee"). WITNESSETH, that the Grantor, for and in consideration of ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee, its successors and assigns forever, the real property described as "Parcel A (Seltzer Farms — Well Site)" in that special warranty deed recorded in the real property records of the County of Adams, State of Colorado on August 7, 2001 at reception no. C0839204 (the "Property"), which Property is depicted in Exhibit A attached hereto and more particularly described as follows: A parcel of land in the S W 1 /4 of Section 1, Township 1 South, Range 67 West of the 6th P.M., County of Adams, State of Colorado, hereinafter referred to as the "Well Parcel" and more particularly described as follows: Beginning at the Southwest corner of said Section 1; thence North along the West line of said Section 1 a distance of 1449 feet; thence S84°05'E a distance of 1334.7 feet to the true Point of Beginning; Thence S69°18'E, 260.7 feet; Thence N07°32'E, 171.6 feet; Thence N69° 18'W, 260.7 feet; Thence S07°32'W, 171.6 feet to the Point of Beginning; Consisting of approximately 1.0 acres, more or less. Grantor reserves the right but is not obligated to remove any well equipment, pumps and/or motors located on, over, under or within the above -described Well Parcel, which right shall terminate upon Grantee's election to remove said Well Equipment in its sole discretion. TO HAVE AND TO HOLD the said Property above bargained and described, unto the Grantee, its successors and assigns forever. The Grantor, for itself and its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above Property in the quiet and peaceable possession of the Grantee, its successors and assigns against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. Aggregate Industries Tucson South Permit Amendment Page N-7 I IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. GRANTOR: TODD CREEK VILLAGE METROPOLITAN DISTRICT, a Colorado special district and political subdivision ofihe State of Colorado By: ff. Name: G�' �r e_ 1101, ,1 Title: PIT 4)0( pa STATE OF COLORADO ) ) ss. COUNTY OF ADAMS ) The foregoing instrument was acknowledged before me this 6th day of April, 2012, by George R. Hanlon, Jr. as President of TODD CREEK VILLAGE METROPOLITAN DISTRICT. Witness my hand and official seal. My commission expires: 04/21 Notary Public 013. JIMMY L OGE NOTARY PUBLIC STATE OF COLORADO My Commission Expires 04/21/2013 Aggregate Industries Tucson South Permit Amendment Page N-8 3 SEAL Exhibit A to SPECIAL WARRANTY DEED (SELTZER WELL SITE) Depiction of Property 6886,.1 N14733 14.2 Aggregate Industries Tucson South Permit Amendment Page N-9 CD CO C0 CD cn a 1 C cn C) cn O West Line of Section O gzr s t 0 z S84 °05'E 1334 7' SW Corner of Sec. 1 R67W Zoomed Map T1S r �o n (D o cp g 3 CD a 3 CD Section 01 1 R67W T1 S Exhibit A Well Parcel Location Map z B BA %VAC. I onsuh ,• • t . .I. . Dale Jan 22.2010 Job No 9927.00 Legend 1,--} Well Parcel Easements 0 $ 1 inch = 117 feet 80 180 Fn. Overview Map aid Walt 1+.444. S1QII.e'AsttAttrrs7aD RECEPTION!: 2017000042390, OS/16/2017 at 03:19:24 ON, 1 OF 2, State Documentary Fee $0.00 TO Pga: 2 Doe Type:BPNTY Stan Martin, Adams County, Co SPECIAL, WAnRAN Y DEED NO DOCUMENTARY FEE TWE DEW. duel May 16. 2017. h.tw.es Bats A1enso Fadati of 6e REQUIRED Canty of Adam sod Stun of Cdstsdo. sailor. sod 6e Clty of Aswan, a CITY OB AURORA IS RXI MPT Colorado nambird solponnian of the Carotin of Adore, Aspsb. sod Meese =SOY Ind BevsdAIto Uleitylinbapriso, whs.alsgiWren isISM B. Alameda Platy, Ann" CO 10012 of the Covey of Ampiboo sad Sods of Colored°, gnaw WITNESS, dot 6s . for nodis me-Isab.a of the ism of MB HUNDRED EIGHTY THOUSAND AND NO DOU.ASE (tI30,00B.O , rho .mulls sad suflisanny of ebb* b busby sd®*'kddeA bursas& mod. sod sad aososgsd, sod by 6ne prison door lead hup4 e4 aneoy sod oo em moo the Wad". I a senators sad OdbTtbOT(7oblWoeldlaelrPapeY with�ArI )'.ale,sls.I7ssrid Wail a tie CnrtyofMann EBB ATTAMII 1, EADMIT ' Assumes schedule at pus! stabs. 0167101000021 Addles 16315 Tows Stud, Heighten, CO 10602 roosts= Wit W sotdsre�sl�tr� 6e haedinsm s sal sppeua oat aureate bsloopsg, as suyywt�iase. upped:Wog lbw artesian sodtoga,sdseM,s4issoldd>�l sofOagwis.clawnod tominden, luttw silty,Woo sod cf odtoth:eabotemod WI bapiesd premiss% with the her dirmsla sod spprncsscai TO AYR AND TO HOLD 6e rid above bapisad sd dscab.d, with dm sppsteossees, won ds prase. hs amasser sad snips hones. Tie gases, for ling ir.ocaso o tad amigos, ohs comma and woo tint t stud) and w1$ WAR1tAIIT AND FOl1L'YE$. MEND the Mon bapisd peemaats in the q sod poe m1+M possesion rte of do rough under 6e sad snips, against tad aosypans oepmo=dddf. agliewhaorsoypen It( Wy1YRSS WEEBIOP, 6a palm be sr.aeed tYs deed cm the dot. sot forth shout. „ge ', nsa 7 ,/i a fir Abaco Swam STATE OP COLORADO OTT AND COUNIY OF DENVER not foregoing inskusitoo .dmatllsdgtl Woos soda 16thy of Ms7. 2017. by His= Moro Fu W r Wines mMad nod adfwialIna My Aggregate Industries Tucson South Permit Amendment Pape N-11 3ECEPTIONt: 2017000042398, 05/16/2017 at 03:19:24 PM, 2 OF 2, State Documentary Fee $0.00 TD Pqs: 2 Doc Type:SPWTY Stan Martin, Adams County, CO Exhib4tA Legal Oeeaban of the Ropily That pert o< the SottrnMert One -Choke afSaclfon 1,1 Township 1 South, Range BT West of the 6r Principal Meridian, Adana County. Colorado, dumbed as: BrglanI g at be renter of said Section 1; thence Ne0'oo100'W on an assumed bearbrg along the East-West centsrbm of ssld Section 1 eaten= of 30.00 feet to the lure poled of begkstig; h nce mewing along said Ina a dNeemce of 824.12 feet; thence e S00IT06 W along a the parallel to the Nodh.8aidh contains of said Section 1 a defiance of 672.00 feet thence NSO'00"00'E on a fine parallel to the East-West cerasrine of saki Onion 1 a dstar c. of 324.12 feet thence N00'11 O0'E an a ina pseisi to the North -South centerline afield Seethe 1 a cadence of 672.00 fest to the In. print dhagbinl<g. County of Adams, Shale of Colorado. Also known by street and number as: 18315 Tucson Street Mihlon, CO 80801 12 PWtrwmatt0.ssn Aggregate Industries Tucson South Permit Amendment Pane N-12 GENERAL WARRANTY DEED C0994443 7/10/2002 12:33:44 PG: 0001-004 20.00 DOC FEE: CAROL SNYDER ADAMS COUNTY THIS DEED, made as of this 9th day of July 2002, is by and between John L. Kloefkorn and Mary Ann Kloefkorn of 320 ACC, Alamo, Texas 78516 ("Grantor"), and Aggregate Industries-WCR Inc., a Colorado corporation, whose address is 3605 South Teller Street, Lakewood, Colorado 80235 ("Grantee"). WITNESSETH, that Grantor, for and in consideration of the sum of Ten and 00/100 Dollars ($10.00) to Grantor in hand paid by Grantee, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto Grantee, its heirs, successors and assigns forever, an undivided one-half interest in and to the real property situate in the County of Adams, State of Colorado, and more particularly described on Exhibit A attached hereto and incorporated herein by this reference (hereinafter "the Property"), TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, including, but not limited to, all gravel, sand, oil, gas, and other liquid hydrocarbon substances, casinghead gas, coal, carbon dioxide, helium, geothermal resources, and all other naturally occurring elements, compounds and substances, whether similar or dissimilar, organic or inorganic, metallic or non-metallic in whatsoever form and whether occurring, found, extracted or removed in solid, liquid or gaseous state or in combination, association or solution with other mineral or non -mineral substances, regardless of their intended use or current commercial value, and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the Property, with the hereditaments and appurtenances. Except, Grantor reserves all of its right, title, and interest in and to all oil royalty, gas royalty and royalty in casinghead gas and gasoline that may be produced under that certain Oil, Gas and Mineral Lease dated April 13, 1973, from Edward Getz and Betty Getz as Lessor to Amoco Production Company as Lessee. TO HAVE AND TO HOLD the Property above bargained and described, with the appurtenances unto Grantee, its heirs, successors and assigns forever. And Grantor, for itself, its successors and assigns, does covenant, grant, bargain and agree to and with Grantee, its heirs, successors and assigns, that at the time of the ensealing and delivery of these presents it is well seized of the Property, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same is free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature so ever except general taxes and assessments for the current year and all subsequent years; and except for those matters shown on Exhibit B attached hereto and incorporated herein; and the above bargained premises in the quiet and peaceable possession of Grantee, its successors and assigns, will warrant or forever defend against Aggregate Industries Tucson South Permit Amend Page N-13 Date to Doe. Fee " 20ad 44.00 Cc) all and every person or persons lawfully claiming or to claim the whole or any part thereof. IN WITNESS WHEREOF, Grantor has executed this Deed as of the day and year first above written. STATE OF 123 (Orti ss. COUNTY OF i a'1Oeyde Mary Kloefkom The foregoing instrument was acknowled ed before m this y ' day of July 2002, by Thhrl L. Kio rn and f n it%U . Witness my hand and official seal. My commission expires: 0i..57 Notary Puulic PENNY L. NELSON NOTARY PUBUC STATE OF COLORADO My Commission EiWss WNW Aggregate Industries Tucson South Permit Amendment Paae N-14 EXHIBIT A LEGAL DESCRIPTION An undivided 1/2 interest in and to: That part of the North one-half Southeast one quarter Section 1, Township 1 South, Range 67 West of the Sixth Principal Meridian, Adams County, Colorado, lying North and West of the centerline of the South Platte River, described as: Commencing at the Northwest corner of said North one-half Southeast one -quarter; thence South 0°08'29° East along the West line of said North one-half Southeast one -quarter, a distance of 621.95 feet to a line that is parallel with the North line of said North one-half Southeast one -quarter and 5 fest South of an existing house and the Point of Beginning; thence North 89°37'18■ East, parallel with the North lino of said North one-half Southeast one -quarter, a distance of 1050.57 feet: thence North 0.08.29" West, parallel with the West lino of said North one-half Southeast one -quarter, a distance of 621.95 feet to the North lino of said North one-half Southeast one -quarter; thence North 89.37'18" East along the North line of said North one-half Southeast one -quarter, a distance of 1635.47 foot to the Northeast corner of said North one-half Southeast one -quarter: thence South 0.31'01" East along the East line of said North one-half Southeast one -quarter, a distance of 590.02 feet to the centerline of the South Platte River; Thence Southerly along the centerline of the South Platte River South 53°55'12" West, a distance of 142.93 feet to a line that is 646.34 feet North of and parallel with the South line of said North ono -half Southeast ono quarter: thence South 89°54.25" West along said line, a distance of 1324.16 feet to a line that is 1250.00 feet East of and parallel with the West line of said North one-half Southeast one -quarter, thence South 0°08'29" last, parallel with the West line of said North one-half Southeast one -quarter, a distance of 169.08 feet to a line that is 477.26 feet North of and parallel with the South line of said North one-half Southeast ono -quarter: thence South 89°54'25" West along said line, a distance of 1250.00 feet to the West line of said North one-half Southeast one -quarter: thence North 0°08'29" West along the West line of said North one-half Southeast one -quarter, a distance of 207.94 feet to the Point of Beginning, EXCEPT the West 40.00 feet thereof. County of Adams, State of Colorado. Aggregate Industries Tucson South Permit Amendment Page N-15 EXHIBIT B PERMITTED EXCEPTIONS 1. Taxes for the year 2002, and subsequent years thereto. 2. Oil and gas lease between Edward Gets and Betty Gets and Amoco Production, recorded May 7, 1973, in Book 1862, at Page 112, and any and all assignments thereof, or interests therein. NOTE: Affidavit of Lease Extension or Production recorded September 18, 1975,in book 2018, at Page 408. NOTE: Notice of Oil and Gas Interests and Surface Use recorded December 5, 2000, in Book 6346, at Page 848. 3. Terms, conditions, provisions, obligations and easements, contained in Shared Well Agreement, recorded December 23, 1996, in Book 4904, at Page 814. 4. Easement and right of way for major drainageway facilities and related appurtenances, including maintenance trails, granted to Urban Drainage and Flood Control District, by instrument recorded October 17, 1989, in Book 3612, at Page 381. 5. a. Rights of others in and to the use of the South Platte River, located over, across, in or ender a Southeasterly portion of subject property, and rights to enter said property to maintain the same. b. The consequences of any past or future change in the location of the centerline of the South Platte River, which forms the Southeasterly boundary of the property. 6. Lease by and between David L. Morrison and Penelope E. Morrison as Lessee and Aggregate Industries -NCR, Inc., a Colorado corporation a• Lessor. Aggregate Industries Tucson South Permit Amendment Page N-16 GENERAL WARRANTY DEED 7//10/2002 12:disee PG: 0001-004 20.00 DOC FEES 44.00 CAROL SNYDER ADAMS COUNTY THIS DEED, made as of this 9th day of July 2002, is by and between Richard L. Getz and Beverly L. Getz of 16332 Tucson Street, Brighton Colorado 80601 ("Grantor"), and Aggregate Industries-WCR Inc., a Colorado corporation, whose address is 3605 South Teller Street, Lakewood, Colorado 80235 ("Grantee"). WITNESSETH, that Grantor, for and in consideration of the sum of Ten and 00/100 Dollars ($10.00) to Grantor in hand paid by Grantee, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto Grantee, its heirs, successors and assigns forever, the real property situate in the County of Adams, State of Colorado, and more particularly described on Exhibit A attached hereto and incorporated herein by this reference (hereinafter "the Property"), TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, including, but not limited to, all gravel, sand, oil, gas, and other liquid hydrocarbon substances, casinghead gas, coal, carbon dioxide, helium, geothermal resources, and all other naturally occurring elements, compounds and substances, whether similar or dissimilar, organic or inorganic, metallic or non-metallic in whatsoever form and whether occurring, found, extracted or removed in solid, liquid or gaseous state or in combination, association or solution with other mineral or non -mineral substances, regardless of their intended use or current commercial value, and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the Property, with the hereditaments and appurtenances. Except, Grantor reserves all of its right, title, and interest in and to all oil royalty, gas royalty and royalty in casinghead gas and gasoline that may be produced under that certain Oil, Gas and Mineral Lease dated April 13, 1973, from Edward Getz and Betty Getz as Lessor to Amoco Production Company as Lessee. TO HAVE AND TO HOLD the Property above bargained and described, with the appurtenances unto Grantee, its heirs, successors and assigns forever. And Grantor, for itself, its successors and assigns, does covenant, grant, bargain and agree to and with Grantee, its heirs, successors and assigns, that at the time of the ensealing ar�d delivery of these presents it is well seized of the Property, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same is free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature so ever except general taxes and assessments for the current year and all subsequent years; and except for those matters shown on Exhibit B attached hereto and incorporated herein; and the above bargained premises in the quiet and peaceable possession of Grantee, its successors and assigns, will warrant or forever defend against all and every person or persons lawfully claiming or to claim the whole or any part thereof. Date "tats Do''. F' gate Industries Tucson South Permit Amendrf' i r Paae N-17 Pe•e--szilic° Richard L. Getz IN WITNESS WHEREOF, Grantor has executed this Deed as of the day and year first above written. STATE OF &10ra L"D COUNTY OF Dcr1VC-( ) ss. Th foregoing instrument was acknowle ed before me this (1441 day of July 2002, by i1 i L . 6 a_ and er1q L. 7 Witness my hand and official seal. My commission expires: ?1,100D5 'f1) -fl --(4641 Notary Publi PENNY L. NELSON NOTARY PUBLIC STATE OF COLORADO My Conrreon Expires 8/5/2005 Aggregate Industries Tucson South Permit Amendment Pace N-18 2 • EXHIBIT A LEGAL DESCRIPTION That part of the North one-half Southeast one -quarter, Section 1, Township 1 South, Range 67 west of the Sixth Principal Meridian, Adams County, Colorado, described as: Commencing at the Northwest corner of said North one-half Southeast one -quarter, said point being the Point of Beginning; Thence N. 89°37'18• E. along the North line of said North one-half Southeast one -quarter a distance of 1050.57 feet; Thence S. 0°08.29.1, parallel with the /lest line of said North one-half Southeast one -quarter a distance of 621.95 feet to a line that is parallel with the North line of said North one-half Southeast one -quarter and 5 feet South of an existing house; Thence S. 89°37'18• N. along said line a distance of 1050.57 feet to the West line of said North one-half Southeast one -quarter; Thence N. 0°08'29• N. along the West line of said North one-half Southeast one -quarter a distance of 621.95 feet, to the Point of Beginning; 8XCBPT the West 40.00 feet thereof, County, of Adams, State of Colorado. Aggregate Industries Tucson South Permit Amendment Pane N-19 ' EXHIBITS PERMITTED EXCEPTIONS 1. Taxes for the year 2002 and subsequent years thereto. 2. Oil and gas lease between Edward Oats and Betty Oats and Amoco Production, recorded May 7, 1973, in Book 1862, at Page 112, and any and all assignments thereof, or interests therein. NOTE: Affidavit of Lease Extension or Production recorded September 18, 1975,in book 2018, at Page 408. NOTE: Notice of Oil and Gaa Interests and Surface Use recorded December 5, 2000, in Book 6346, at Page 848. 3. Notice concerning underground facilities by Panhandle Eastern Pipe Line Company recorded June 25, 1986, in Book 3162, at Page 961. 4. Terms, conditions, provisions, obligations and easements, contained in Shared Well Agreement, recorded December 23, 1996, in Book 4904, at Page 814. 5. Lease by and between Richard L. Outs and Beverly L. Gets as Lessee and Aggregate Industries -NCR, Inc., a Colorado corporation as Lessor. Aggregate Industries Tucson South Permit Amendment Page N-20 s GENERAL WARRANTY DEED C0994441 7/10/2002 12:32:57 P6: 0001-004 20.00 DOC FEE: CAROL SNYDER ADAMS COUNTY THIS DEED, made as of this 9th day of July 2002, is by and between David L. Morrison and Penelope E. Morrison of 16322 Tucson Street, Brighton, Colorado 80601 ("Grantor"), and Aggregate Industries-WCR Inc., a Colorado corporation, whose address is 3605 South Teller Street, Lakewood, Colorado 80235 ("Grantee"). WITNESSETH, that Grantor, for and in consideration of the sum of Ten and 00/100 Dollars ($10.00) to Grantor in hand paid by Grantee, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto Grantee, its heirs, successors and assigns forever, an undivided one-half interest in and to the real property situate in the County of Adams, State of Colorado, and more particularly described on Exhibit A attached hereto and incorporated herein by this reference (hereinafter "the Property"), TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, including, but not limited to, all gravel, sand, oil, gas, and other liquid hydrocarbon substances, casinghead gas, coal, carbon dioxide, helium, geothermal resources, and all other naturally occurring elements, compounds and substances, whether similar or dissimilar, organic or inorganic, metallic or non-metallic in whatsoever form and whether occurring, found, extracted or removed in solid, liquid or gaseous state or in combination, association or solution with other mineral or non -mineral substances, regardless of their intended use or current commercial value, and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the Property, with the hereditaments and appurtenances. Except, Grantor reserves all of its right, title, and interest in and to all oil royalty, gas royalty and royalty in casinghead gas and gasoline that may be produced under that certain Oil, Gas and Mineral Lease dated April 13, 1973, from Edward Getz and Betty Getz as Lessor to Amoco Production Company as Lessee. TO HAVE AND TO HOLD the Property above bargained and described, with the appurtenances unto Grantee, its heirs, successors and assigns forever. And Grantor, for itself, its successors and assigns, does covenant, grant, bargain and agree to and with Grantee, its heirs, successors and assigns, that at the time of the ensealing and delivery of these presents it is well seized of the Property, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same is free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature so ever except general taxes and assessments for the current year and all subsequent years; and except for those matters shown on Exhibit B attached hereto and incorporated herein; and the above bargained premises in the quiet and peaceable possession of Grantee, its succes a and assigns, will warrant or forever defend against Date State Doe. Fee ggregate ggregate Industries Tucson South Permit Amendt.4--. Page N-21 44.00 • I I r all and every person or persons lawfully claiming or to claim the whole or any part thereof. IN WITNESS WHEREOF, Grantor has executed this Deed as of the day and year first above written. David L. Morrison Penelope Morrison STATE OF .Orn ) ) ss. COUNTY OF nY t e ) 'h The foregoing instrument was acknowle ed before me this 9_4day of July 2002, by piu i d L_. Mc1r " s „ and e (( & . iyhrisfoy., Witness my hand and official seal. My commission expires: PENNY NELSON NOTARY PUBUC STATE OF COLORADO My Ooit U °" Expires 8!611006 Aggregate Industries Tucson South Permit Amendment Pale N-22 EXHIBIT A LEGAL DESCRIPTION An undivided 1/2 interest in and toe That part of the North one-half Southeast one quarter Section 1, Township 1 South, Range 67 Nest of the Sixth Principal Meridian, Adams County, Colorado, lying North and West of the centerline of the South Platte River, described ass Commencing at the Northwest corner of said North one-half Southeast one -quarter; thence South 0°06'29" East along the West line of said North one-half Southeast one -quarter, a distance of 621.95 feet to a line that is parallel with the North line of said North one-half Southeast one -quarter and 5 feet South of an existing house and the Point of Beginning; thence North 89°37'18" last, parallel with the North line of said North one-half Southeast one -quarter, a distance of 1050.57 feet; thence North 0°08'29■ West, parallel with the West line of said North one-half Southeast one -quarter, a distance of 621.95 feet to the North line of said North one-half Southeast one -quarter; thence North 89°37'18" East along the North line of said North one-half Southeast one -quarter, a distance of 1635.47 feet to the Northeast corner of said North one-half Southeast one -quarter; thence South 0.31'01" East along the East line of said North ono -half Southeast one -quarter, a distance of 590.02 feet to the centerline of the South Platte River; Thence Southerly along the centerline of the South Platte River South 53°55'12" Nest, a distance of 142.93 feet to a line that is 646.34 feet North of and parallel with the South line of said North one-half Southeast one quarter; thence South 89°54'25" West along said line, a distance of 1324.16 feet to a line that is 1250.00 feet East of and parallel with the West line of said North one-half Southeast one -quarter; thence South 0°08.29" last, parallel with the West line of said North one-half Southeast one -quarter, a distance of 169.08 feet to a line that is 477.26 feet North of and parallel with the South line of said North one-half Southeast one -quarter; thence South 89°54'25" West along said line, a distance of 1250.00 feet to the West line of said North one-half Southeast one -quarter; thence North 0°08'29" West along the West line of said North one-half Southeast one -quarter, a distance of 207.94 feat to the Point of Beginning, EXCEPT the West 40.00 feet thereof. County of Adams, State of Colorado. Aggregate Industries Tucson South Permit Amendment Page N-23 EXHIBIT B PERMITTED EXCEPTIONS 1. Taxes for the year 2002, and subsequent years thereto. 2. Oil and gas lease between Edward Gets and Betty Gets and Amoco Production, recorded May 7, 1973, in Hook 1862, at Page 112, and any and all assignments thereof, or interests therein. NOTE: Affidavit of Lease Extension or Production recorded September 18, 1975,in book 2018, at Page 408. ROTE: Notice of Oil and Gas Interests and Surface Use recorded December 5, 2000, in Book 6346, at Page 848. 3. Terms, conditions, provisions, obligations and easements, contained in Shared Well Agreement, recorded December 23, 1996, in Book 4904, at Page 814. 4. Easement and right of way for major drainageway facilities and related appurtenances, including maintenance trails, granted to Urban Drainage and Flood Control District, by instrument recorded October 17, 1989, in Book 3612, at Page 381. 5. a. Rights of others in and to the use of the South Platte River, located over, across, in or under a Southeasterly portion of subject property, and rights to enter said property to maintain the sums. b. The consequences of any past or future change in the location of the centerline of the South Platte River, which forms the Southeasterly boundary of the property. 6. Lease by and between David L. Morrison and Penelope B. Morrison as Lessee and Aggregate Industries-MCR, Inc., a Colorado corporation as Lessor. Aggregate Industries Tucson South Permit Amendment Page N-24 Aggregate Industries Tucson South Permit Amendment Paae N-25 GENERAL WARRANTY DEED THIS DEED, made as of this 22°d day of August 2002, is by and between Darrell R. Mallory and Betty B. Mallory, Trustees Under The Darrell R. Mallory and Betty B. Mallory Living Trust Dated October 19, 1995, whose address is 16202 Tucson Street, Brighton Colorado 80601 ("Grantor"), and Aggregate Industries-WCR Inc., a Colorado corporation, whose address is 3605 South Teller Street, Lakewood, Colorado 80235 ("Grantee"). WITNESSETH, that Grantor, for and in consideration of the sum of Ten and 001100 Dollars ($10.00) to Grantor in hand paid by Grantee, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto Grantee, its heirs. successors and assigns forever, the real property situate in the County of Adams, State of Colorado, and more particularly described on Exhibit A attached hereto and incorporated herein by this reference (hereinafter "the Property"), TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging. or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof including, but not limited to, all gravel, sand, oil, gas, and other liquid hydrocarbon substances, casinghead gas, coal, carbon dioxide, helium, geothermal resources, and all other naturally occurring elements, compounds and substances, whether similar or dissimilar, organic or inorganic, metallic or non-metallic in whatsoever form and whether occurring, found, extracted or removed in solid, liquid or gaseous state or in combination, association or solution with other mineral or non -mineral substances, regardless of their intended use or current commercial value, and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the Property, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the Property above bargained and described, with the appurtenances unto Grantee, its heirs, successors and assigns forever. And Grantor, for itself, its successors and assigns, does covenant, grant, bargain and agree to and with Grantee, its heirs, successors and assigns, that at the time of the ensealing and delivery of these presents it is well seized of the Property, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same is free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever except general taxes and assessments for the current year and all subsequent years; and except for those matters shown on Exhibit B attached hereto and incorporated herein; and the above bargained premises in the quiet and peaceable possession of Grantee, its successors and assigns, will warrant or forever defend against all and every person or persons lawfully claiming or to claim the whole or any part thereof. IN WITNESS WHEREOF, Grantor has executed this Deed as of the day and year first above written. THE DARRELL R. MALLORY AND BETTY B. MALLORY LIVING TRUST DATED OC 'OBER 19, 1995 Darrell R. Mallory, Trustee 140 Wfordeaj'1:fr Bet B. Mallory, Trustee C1O15OEs2 8/26/2002 13:28:41 P6: 0001-004 20.00 DOC FEE: 84.80 CAROL SNYDER ADANS COUNTY STATE OF bbl2.dh ) ) ss. COUNTY OF J)9Pc / r ) The foregoing instrument was acknowledged before me this Z2day of August 2002, by Darrell R. Mallory and Betty B. Mallory as Trustees of The Darrell R. Mallory and Betty B. Mallory Living Trust Dated October 19, 1995. Witness my hand and official seal. My commission expires: yy ormeas bn e*us senacs Aggregate Industries Tucson South Permit Amendment Page N-26 EXHIBIT A LEGAL DESCRIPTION THAT PART OF TEE NORTH ONE-HALF OF TEE SOUTHEAST ONE -QUARTER, SECTION 1, TOWNSHIP 1 ROUTH, RANGE 67 WEST OF TEE SIXTH PRINCIPAL MERIDIAN, ADAMS COUNTY, COLORADO, LYING NORTH AND WEST OF THE CENTERLINE OF THE SOUTH PLATTE RIVER DESCRIBED AS: COISU<NCING AT TEE SOUTHWEST CORNER OF SAID NORTH ONE-HALF SOUTHEAST ONE -QUARTER, SAID POINT BEING THE POINT OF BEGINNING; THENCE NOO°08'29"W, ALONG THE WEST LINE OF SAID NORTH ONE-HALF SOUTHEAST ONE -QUARTER A DISTANCE OF 477.26 FEET, THENCE N89°54'25"E, PARALLEL WITH THE SOUTH LINE OF SAID NORTH ONE-HALF SOUTHEAST ONE -QUARTER, A DISTANCE OF 1250.00 FEET; THENCE NOO°08'29•W, PARALLEL WITH TEE WEST LINE OF SAID NORTH ONE-HALF SOUTHEAST ONE -QUARTER, A DISTANCE OF 169.08 FEET? THENCE N89°54'25"E, PARALLEL WITH THE SOUTH LINE OF SAID NORTH ONE-HALF SOUTHEAST ONE -QUARTER A DISTANCE OF 1324.16 FEET TO THE CENTERLINE OF TEE SOUTH PLATTE RIVER; THENCE BY TEE FOLLOWING COURSES AND DISTANCES ALONG THE CENTERLINE OF TEE SOUTH PLATTE RIVER: 853°55'12*W, 94.57 FEET, S32°39'44'W, 231.53 FEET; 826°54'09"W, 242.48 FEET, 815°48'38"W, 187.17 FEET TO THE SOUTH LINE OF SAID NORTH ONE-HALF SOUTHEAST ONE -QUARTER, THENCE S89°54'25"W, ALONG THE SOUTH LINE OF SAID NORTH ONE-HALF SOUTHEAST ONE -QUARTER, A DISTANCE OF 2210.47 FEET TO THE POINT OF BEGINNING, EXCEPT TEE WEST 40.00 FEET THEREOF. Aggregate Industries Tucson South Permit Amendment Page N-27 EXHIBIT "B" PERMITTED EXCEPTIONS 1. Taxes for the year 2002, and subsequent years, special assessments or charges not certified to the County Treasurer. 2. Lease by and between Ronald R. Mallory as Tenant and Aggregate Industries -MCI, Inc., a Colorado corporation, as Landlord. 3. Oil and Gas recorded May 07, 1973, in Hook 1862 at Page 112, and any assignments thereof or interests therein or rights thereunder. 4. Terms, conditions, provisions, obligations and easements, contained in Basement Deed, recorded October 17, 1989, in Book 3612, at Page 381. Correction Basement in connection therewith recorded November 02, 1989, in Book 3617 at Page 596. 5. a. Rights of others in and to the use of the South Platte River, located over, across, in or under a Southeasterly portion of subject property, and rights to enter said property to maintain the same. b. The consequences of stay past or future change in the location of the centerline of the South Platte River, which forms the Southeasterly boundary of the property. 6. The effect, if any, of the Resolutions recorded July 11, 1995, in Book 4545 at Pages 325 through 328. NOTE: Oats Exemption !roe Subdivision recorded February 28, 1996, at Reception No. C0150993. 7. Terms, conditions, provisions and obligations contained in Option Agreement, recorded January 22, 2002, at Reception Number C0916204. B. The land described herein shall not be deemed to include any house trailer, mobile home or mobile dwelling on the subject property. Aggregate Industries Tucson South Permit Amendment Page N-28 1/22/2881 11:14:32 DO: im91-e06 38.86 CAROL SNYDER 32.63 D;'3/ i ADAMS COUNTY GENERAL WARRANTY DEED THIS DEED, made as of this 18th day of January, 2001, is by and between Daniel B. Stough of 4691 Old Town Road, Marshall, Texas 75672 ("Grantor"), and Aggregate Industries-WCR, Inc., a Colorado corporation, whose address is 3605 South („ Teller Street, Lakewood, Colorado 80235 ("Grantee"). WITNESSETH, that Grantor, for and in consideration of the sum of Three hundred twenty-six thousand nine hundred sixteen & 00/100 ($326,916.00) to Grantor in hand paid by Grantee, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto Grantee, its heirs, successors and assigns forever, the real property situate in the County of Adams, State of Colorado, and more particularly described on Exhibit A attached hereto and incorporated herein by this reference (hereinafter "the Property"), TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents. issues and profits thereof, including, but not limited to, all gravel, sand, oil, gas, and other liquid hydrocarbon substances, casinghead gas, coal, carbon dioxide, helium, geothermal resources, and all other naturally occurring elements, compounds and substances, whether similar or dissimilar, organic or inorganic, metallic or non-metallic in whatsoever form and whether occurring, found, extracted or removed in solid, liquid or gaseous state or in combination, association or solution with other mineral or non -mineral substances, regardless of their intended use or current commercial value, and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the Property, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the Property above bargained and described, with the appurtenances unto Grantee, its heirs, successors and assigns forever. And Grantor, for itself, its successors and assigns, does covenant, grant, bargain and agree to and with Grantee, its heirs, successors and assigns, that at the time of the ensealing and delivery of these presents it is well seized of the Property, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same is free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever except general taxes and assessments for the current year and all subsequent years; and except for those matters shown on Exhibit B attached hereto and incorporated herein; and the above bargained premises in the quiet and peaceable possession of Grantee, its successors and assigns, will warrant or forever defend against all and every person or persons lawfully claiming or to claim the whole or any part thereof. Aggregate Industries Tucson South Permit Amendment Page N-29 6 :�v53Z`T-e-1 (4) IN WITNESS WHEREOF, Grantor has executed this Deed as of the day and year first above written. Daniel B. Stough STATE OF C'1kr,.,�t; COUNTY OF .\..dtn;,rl The foregoing instrument was acknowledged before me this day of January, 2001, by Daniel B. Stough. Witness my hand and official seal. My commission expires: / z` ► :: ra:- I PENNY L NELSON NOTARY PUBLIC STATE OF COLORADO I khr Notary Public Aggregate Industries Tucson South Permit Amendment Pave N-30 7 TXHIBIT A to General Warranty Deed Legal Description Aggregate Industries Tucson South Permit Amendment Pane N-31 8 EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the South half of the Northeast quarter of Section 1, Township 1 South, Range 67 West of the 6th P.K., County of Adams, State of Colorado, more particularly described as follows: Beginning at the East quarter corner of said Section 1; thence South 89.39'53' West 2445.14 feet along the South line of the Northeast quarter of said Section 1; thence North 00.06'03' West 827.14 feet; thence 214.58 feet along the arc of a curve to the right having a radius of 2944.62 feet and a long chord which bears North 69.36'00" West 214.53 feet to a point lying 40.00 feet Easterly frcn the West line of the Northeast quarter of said Section 1; thence North 00.06'03" West 32.52 feet parallel to the West line ofthe Northeast quarter of said Section 1; thence 305.94 feet along the arc of a curve to the left having a radius of 2914.62 feet and a long chord which bears South 70'16'26" East 305.80 feet, said point being on the Southerly line of the Tucson Resources Subdivision as recorded in the Adams County Records in File 17 Map 855; thence South 73.16'48' East 2463.67 feet along the Southerly line of said Tucson Resources Subdivision to the East line of the Northeast quarter of said Section 1; thence South 00.10'30' East 108.13 feet along the East line of the Northeast quarter of said Section 1 to the Point of Beginning. NCTE: The following disclosure is made pursuant to C.R.S. 38-35-106.5: Said description created by survey of app & Associates, Inc., Job No. 99.104-12, dated September 27, 2000. Aggregate Industries Tucson South Permit Amendment Paoe N-32 9 1 C0765905 2/27/2881 12:33148 P6: 8801-808 40.80 DOC FEE: 260.88 ADAMS COUNTY AG((EEMENT FOR THE PURCHASE AND SALE OF REAL ESTATE GENERAL WARRANTY DEED THIS DEED, made as of this 4.t, day of F,.hr..,. , ,net , is by and between HAAKE FARMS INC.. whose address 12711 East 160' Avenue. Brighton, Colorado 80601, ("Grantor"), and Aggregate Industries-WCtt,Inc. A Colorado Corporscion whose address is 3605 South Teller Street, Lakewood, Colorado 80235 ("Grantee"). WITNESSETH, that Grantor, for and in consideration of the sum of Two Million Six Hundred Thousand Dol](Ira 2.600.000.00) to Grantor in hand paid by Grantee, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto Grantee, its heirs, successors and assigns forever, the real property situate in the County of ADAxa , State of Colorado, and more particularly described on Exhibit A attached hereto and incorporated herein by this reference (hereinafter "the Property"). TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, including, but 'not limited to, to the extent owned by Grantor, all gravel, sand, oil, gas, and other liquid hydrocarbon substances, casinghead gas, coal, carbon dioxide, helium, geothermal resources, and all other naturally occurring elements, compounds and substances, whether similar or dissimilar, organic or inorganic, metallic or non-metallic in whatsoever form and whether occurring, found, extracted or removed in solid, liquid or gaseous state or in combination, association or solution with other mineral or non - mineral substances, regardless of their intended use or current commercial value, and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the Property, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the Property above bargained and described, with the appurtenances unto Grantee, its heirs, successors and assigns forever. And Grantor, for itself, its successors and assigns, does covenant, grant, bargain and agree to and with Grantee, its heirs, successors and assigns, that at the tithe of the ensealing and delivery of these presents it is well seized of the Property, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, E-1 Aggregate Industries Tucson South Permit Amendment Pam N-33 F full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same is free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soevcr except general taxes and assessments for the current year and all subsequent years; and except for those matters shown on Exhibit B attached hereto and incorporated herein; and the above bargained premises in the quiet and peaceable possession of Grantee, its successors and assigns, wilt warrant or forever defend against all and every person or persons lawfully claiming or to claim the whole or any part thereof. IN WITNESS WHEREOF, Grantor has executed this Deed as of the day and year first above written. HAAKE FARM INC. STATE OF t ) ss. COUNTY OF t AA ISL ) The foregoing instrument was ackno led g d bef* e ite this _- day of _ , 2m ( , by YY1 o+,.QQ 1C _ �- --�-- �- 4cio .woj►�f Witness my hand and official seal. My commission expires: , 1O a Notary Publi E_2 Aggregate Industries Tucson South Permit Amendment Paae N-34 I EXHIBIT A to General Warranty Deed Legal Description E-3 Aggregate Industries Tucson South Permit Amendment Page N-35 LEGAL DESCRIPTION PARCEL A: The Southwest One -quarter of Section 1, Township 1 South, Range 67 West of the Sixth Principal Meridian, SZOMPT the following 6 parcels: PARCEL A-1: That portion conveyed by Warranty Deed recorded September 4, 1951, in look 427, at Page 20, described as follows: legfoo4ng at the Southwest corner of Section 1, Township 1 South, Range 67 West of the 6th P.M., Ads= County, Colorado, thence Worth along the West line of said Section 1 a distance of 1100 feat; thence Southeasterly along an irrigation ditch 270 feet; thence Southwesterly 1100 feet to the South line of Section 1; thence West along the South line of Section 1, a distance of 110 feet to the point of beginning. PARCEL A-2: That portion lying South of State Highway no. 7 described in Quit Clain Deed recorded September 1,'1956, in look 626, at Page 50. PARCQ, A-3; That portion conveyed by Warranty Deed recorded April 27, 1981, in Book 905, at Page 538, described as follows: Baginnt:tg at the Southwest corner of Section 1; Thence Worth 88.35' last 110.00 feet along South line of SW1/4 of Section 1; thence North 08.23• I 79.7 feet to point on the Northerly right of way line Colorado State Highway No. 7, said point being the true point of beginning; thence North 08-23' Rest 558.11 feet; thence North 88.35' East 403.9 feet; thence South 07.13' West 226.62 feet; thence South 04.40• West 268.90 feet more or less to a point on Northerly right of way line of Colorado State Highway No. 7; thence South 80.56'West 440.25 feet along said northerly right of way line to the true point of beginning. PARCEL A-4. That portion conveyed by Quit Clain Dead recorded June 3, 1963, in Book 1070, at Page 495, described as follows: Beginning at the SW corner of Sec. 1, Township 1 South, Range 67 West of the Continued on nest page -1- Aggregate Industries Tucson South Permit Amendment Pace N-36 Continuation of Legal Description 6th P.N., thence North along West line of said Sac. 1, a distance of 1449.0 feet, thence S 84.05' 8 a distance of 1334.7 feet to the true point of beginning; thence 8 69.18' 1, 260.7 feet; thence N 07.32' 8, 171.6 feet; thence N 69.18' if. 260.7 feet; thence S 07.32' if, 171.6 feet to the point of beginning. PARC=L A-5: Those portions taken by Rule And Order recorded July 12, 1968, 1448, at Page 387, described as follows: in Book Beginning at a point on the North -South center line of Sec. 1. from which point the South 1/4 corner of Sec. 1, T. 1 S., R. 67 N. bears 8 0.02'300 if, a distance of 72.8 feet; 1. Thence S 89.36'30• N, a distance of 54.0 feet; 2. Thence 8 78.03')►, a distance of 124.8 feet; 3. Thence along the arc of a curve to the right, having a radius of 5,680.0 feet, a distance of 550.1 feet. (The chord of this arc bears N 87.37'N, a distance of 550.0 feet): 4. Thence N 84.50'30" if, a distance of 415.1 feet; S. Thence N 78.49'45• N, a distance of 238.7 feet; 6. Thence along the arc of.a curve to the left, having a radius of 5,805.0 feet, a distance of 689.2 feet. (The chord of this arc bears N 88.14'30• If, a distance of 688.7 feet) to the Nest property line, 7. Thence S 04•S3'30• If, • distance of 80.2 feet to a point on the North right of way line of State Highway No. 7 (April 1966); 8. Thence along said North right of way line, 8 81.09'30• if, a distance of 440.3 feet; 9. Thence 8 08.36'30• if, a distance of 38.0 feet to the center of State Highway No. 7 (April 1966); 10. Thence along the center line of State Highway No. 7, N 81.15' 8, a distance of 394.0 feet; 11. Thence along said center line, N 86.07' 8, a distance of 197.0 feet, 12. Thence along said center line, 8 84.50'30. B., a distance of 708.0 feet; 13. Thence along said center line, S 89.17' I. a distance of 717.7 feet, to the South line of Sac. 1, 14. Thence along said South line, N 88.48'30. 8, a distance of 500.4 feet, to the South 1/4 corner of Sec. 11 15. Thence along the North -south center line of Sec. 1, N 0002'30• H, a distance of 72.8 feet, acre or less, to the point of beginning; Continued on nest page -2- Aggregate Industries Tucson South Permit Amendment Page N-37 Continuation of ' Legal Description AND Beginning at a point on the Westerly property line fro= which the SW corner of Section 1, T. 1 S., R. 67 W., bears 8 58.21'30• W, a distance of 674.8 feet; 1. Thence along the Westerly property line S 4.53'30" W a distance of 125.8 feet; 2. Thence along the arc of a curve to the right having a radius of 5,805.0 feet a distance of 689.2 feet (the chord of this arc bears S 88.14.30" I a distance of 688.3 feet); 3. Thence 8 78.49'45" E a distance of 230.7 feet; 4. Thence 8 84.50'30" E a distance of 250.0 feet; S. Thence N 5.09.30" I a distance of 40.0 feet; 6. Thence X 84.50'30• N a distance of 250.00 feet; 7. Thence X 78.49'45" N a distance of 88.7 feet; 8. Thames N 5.09'30• X a distance of 25.0 Pests 9. Thence X 78.49;45• W a distance of 150.0 feet; 10. Thence N 07.09'30" N a distance of 506.2 feat; 11. Thence X 50.22' N a distance of 91.6 feet; 12. Thence along the arc of a curve to the left having a radius of 5,930.0 feet a distance of 107.5 feet (the chord of this arc bears 8 89.00'45• N a distance of 107.5 feet, more or less, to the point of beginning; AND Beginning at a point from which the 81/4 corner of Section 1, T. 1 S., R. 67 N. bears S 30.19.45" E. a distance of 107.0 feet; 1. Thence S 78.03' W a distance of 124.8 feet; 2. Thence along the arc of a curve to the right, having a radius of 5,660.0 feet a distance of 267.7 feet (the chord of this ere bears X 89.02'03• N a distance of 267.7 feet), 3. Thence S 5.09'30• N a distance of 20.09 feet; 4. Thence along the arc of a curve to the left, having a radius of 5,600.0 feet, a distance of 266.8 feet. (the chord of this arc bears 8 89.02'30" X, a distance of 266.8 feet); 5. Thence N 78.03'E a distance of 124.8 feet; 6. Thence N 0.23'30• N a distance of 20.0 feet, more or less, to the point of beginning; AND Continued on next page -3- Aggregate Industries Tucson South Permit Amendment • Page N-38 Continuation of Legal Description Beginning at a point 50 feet opposite Sta. 421,00; 1. Thence N 02.18'300 N a distance of 20.0 feet; 2. Thence along the arc of a curve to the right, having a radius of 5,660.0 feet. a distance of 281.5 test, (the chord of this arc bears N 89.02'30• W, a distance of 281.5 feet); 3. Thence N 84.50'30• W, a distance of 165.1 feet; 4. Thence S 05.09.30• N, • distance of 20.0 feat; 5. Thence S 84.50'30• s, a distance of 165.1 feet; 6. Thence along the arc of a curve to the left, having a radius of 5,680.0 test, a distance of 212.5 feet; (the chord of this arc bears 8 89.02'30• N, a distance of 282.5 feet more or less, to the point of beginning. PARCEL A-6: That portion conveyed by Deed recorded August 3; 1964, look 2902, et Page 240, described es foliate; Beginning at the center of said Section 1; thence N 90.00'00' N on an assumed bearing along the Nast -West centerline of said Section 1 a distance of 30.00 feet to the true point of beginning; thence continuing along said line * distance of 324.12 feet; thence S 00.11'00• W along a line parallel to the North -South centerline of said Section 1 a distance of 672.00 feet; thence N 90.00'00• N on a line parallel to the East-West centerline of Said Section 1 a distance of 324.12 feet; thence N 00.11'00• N on a line parallel to the Worth -South centerline of said Section 1 a distance of 672.00 feet to the true point of Beginning; AND ALSO RECIPE any portion thereof lying within the existing roadways known as last 160th Avenue/State Highway 7 and Tucson Street, All in County of Adams, State of Colorado. PARCRL B: That part of the Northeast One -quarter Northwest One -quarter of Section 12, Township 1 South, Range 67 West of the 6th Principal Meridian, Adams County, Colorado, described as; Beginning at the North quarter corner of said Section 2; thence 8 00.17'15• Is on an assumed bearing along the East line of said Northeast one -quarter Continued on next page . -4- Aggregate Industries Tucson South Permit Amendment Page N-39 Continuation of Legal Description Northwest One -quarter a distance of 77.30 feet to the true Point of Beginning, said point being a point on the South *.O.N. line of Colorado State Highway No. 7; thence Westerly along said South I.O.N. line as follows; 8 57.18'30• N, 52.80 feet; Thence N 83.03'13• N, 123.10 feet to the beginning of a curve to the right, the delta Of said curve is 5.33'00", the :adios of said sleeve is 5:780.00 feet, the chord of said curve bears N 87.18.30" N, 550.70 feet; thence along the arc of said curve a distance of 559.88 feet to the end of said curve; thence N 05.28'00• I a distance of 27.53 feet to a point on the North line of said Northeast one -quarter Northwest one -quarter; thence S 89.07.00"N along said North line a distance of 582.33 feet to the Northwest corner of said Northeast one -quarter Northwest one -quarter; thence S 00.16'40■ li along the Nest line said Northeast one -quarter Northwest one -quarter a distance of 330.00 fest; thence S 53.12'SS• E a distance of 1645.16 feet to the Southeast corner said Northeast one -quarter Northwest onesquartar; thence 2700•170150 N along the last line of said Northeast one -quarter Northwest one -quarter a distance of 1258.53 feet to the true point of beginning. -5- Aggregate Industries Tucson South Permit Amendrrwnt Pane N-40 RECEPTION#: 2010000089671, 12/27/2010 at 11:38:32 AM, 1 OF 1, D $549.33 TD Pgs: 2 Doc Type:SPWTY Karen Long, Adams County, CO Recorded As Received SPECIAL WARRANTY DEED OBS7COPYAYA&E THIS DEED, made this a? day of December, 2010, between AGGREGATE INDUSTRIES-WCR, LSC.,a Colorado corporation, whose address is 1707 Cole Blvd., Suite too, Golden, Colorado 8ogot, formerly known as CAMAS COLORADO, INC_ (`Grantor'), and the CITY OF THORNTON, a Colorado municipal corporation, whose address is 95oo Civic Center Drive, Thornton, Colorado 80229 ("Grantee"): WTINESSRTH, That the Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, thereceipptand sufficiency ofv hichisherebyadrnowiedged, has granted, bargained, sold and conveyed, andby these presents, does grant, bargain, sell, convey and confirm, unto the Grantee, and its successors and assigns, forever, all the real property, together with improvements, if any, described as Lott., Tucson Resources Subdivision, County of Adams, State of Colorado, except (i) real property taxes and assessments for the year of the and subsequentyears, (ii) building, zoning and uther applicable ordinances and regulations, a (iii) easements, reservations, restrictions, licenses and other mallets of record; TOGETHER with all and singular the here ditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder or remainders, rents, issues, and prots thereof and all the estate, title, interest, claim and demand whatsoever of the Grantor either in law or equity, of, in and to the above bargained prernises,with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee its successors and. assigns forever. The Grantor for itself and successors does covenant and agree that it shall and willWAl RANfAND FOREVER the above -bargained premises in the quiet and peaceable possession of the Grantee, its suceessors and assigns agains tall and every person. or persons claiming the whole or any part thereot by, through or under the Grantor. This transaction is undertaken in lieu of the City of Thornton acquiring title through the exercise of its powers of eminent domain. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. STATE OF COLORADO ) ) ss_ COUNTY OF ADAMS ) The foregoing instrument duly acknowledged before mc, a Notary Public, by Michael C. Refer, Regional Manager of Aggregate Industries-WCR, Inc.,*formerly known as CAMAS, Inc. on D= _ 1a. *a Colorado Corporation d and official seal. My commission expires: WCommissiea E*eS10 5 0l4 LIC Pagel of i f ! 13:dW1BinooalRagee. Aggregate Industries Tucson South Permit Amendment Page N-41 JJ5 SPECIAL WARRANTY DEED MOT COPY AVAILABLE THIS DEED, made this 21't day of December, 2010, between AGGREGATE INDUSTRIES-WCR, INC.,a Colorado corporation, whose address is 1707 Cole Blvd., Suite 100, Golden, Colorado 80401, formerly known as CAMAS COLORADO,INC. ("Grantor"), andtheClTY OF THORNTON, a Colorado municipal corporation, whose address is 9500 Civic Center Drive, Thornton, Colorado 80229 ("Grantee"): WITNESSETH, That the Grantor; for and in cnnsideration of the sum of Ten Dollars and other good and valuable consideration, the receipt and sufficiencyofwhich is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents, does grant, bargain, sell, convey and confirm, unto the Grantee, and its successors and assigns, forever, all the real property, together with improvements, if any, described as Lot 1, Tucson Resources Subdivision, County of Adams, State of Colorado, except (1) realpropertytaxes and assessments for theyear of the Closing and subsequent years, (ii) building, zoning and other applicable ordinances and regulations, and (iii) easements, reservations, restrictions, licenses and other matters of record; TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder or remainders, rents, issues, and profits thereof; and all the estate, title, interest, claim and demand whatsoever of the Grantor either in law or equity, of, in and to the above bargai i ed premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee its successors and assigns forever. The Grantor for itself and successors does covenant and agree that it shall andwf WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. This transaction is undertaken in lieu of the City of Thornton acquiring title through the exercise of its powers of eminent domain. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. STATE OF COLORADO ) ) ss. COUNTY OF ADAMS ) The foregoing instrument duly acknowledged before me, a Notary Public, by Michael C. Refer, Regional Manager of Aggregate Industries-WCR, Inc. formerly known as CAMAS, Inc. on Dec �- ,, • 10. *a Colorado Corporation d and official seal. My commission expires: Page i of i 1t -C(% ct (44 Aggregate Industries Tucson South Permit Amendment Page N-42 My Cambial E*es 10012014 LTC k lei-cz_caa 12/20/10 TaaooRlogen • N TractF Legal Right to Enter Deed Mallory to AOgregate Industries-WCR, Inc. GENERAL WARRANTY DEED THIS DEED, made as of this 22"d day of August 2002, is by and between Darrell R. Mallory and Betty B. Mallory, Trustees Under The Darrell R. Mallory and Betty B. Mallory Living Trust Dated October 19, 1995, whose address is 16202 Tucson Street, Brighton Colorado 80601 ("Grantor"), and Aggregate Industries-WCR Inc., a Colorado corporation, whose address is 3605 South Teller Street, Lakewood, Colorado 80235 ("Grantee"). WITNESSETH, that Grantor, for and in consideration of the sum of Ten and 00/100 Dollars ($10.00) to Grantor in hand paid by Grantee, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto Grantee, its heirs, successors and assigns forever, the real property situate in the County of Adams, State of Colorado, and more particularly described on Exhibit A attached hereto and incorporated herein by this reference (hereinafter "the Property"), TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, including, but not limited to, all gravel, sand, oil, gas, and other liquid hydrocarbon substances, casinghead gas, coal, carbon dioxide, helium, geothermal resources, and all other naturally occurring elements, compounds and substances, whether similar or dissimilar, organic or inorganic, metallic or non-metallic in whatsoever form and whether occurring, found, extracted or removed in solid, liquid or gaseous state or in combination, association or solution with other mineral or non -mineral substances, regardless of their intended use or current commercial value, and alI the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the Property, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the Property above bargained and described, with the appurtenances unto Grantee, its heirs, successors and assigns forever. And Grantor, for itself, its successors and assigns, does covenant, grant, bargain and agree to and with Grantee, its heirs, successors and assigns, that at the time of the ensealing and delivery of these presents it is well seized of the Property, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same is free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever except general taxes and assessments for the current year and all subsequent years; and except for those matters shown on Exhibit B attached hereto and incorporated herein; and the above bargained premises in the quiet and peaceable possession of Grantee, its successors and assigns, will warrant or forever defend against all and every person or persons lawfully claiming or to claim the whole or any part thereof. IN WITNESS WHEREOF, Grantor has executed this Deed as of the day and year first above written. THE DARRELL R. MALLORY AND BETTY B. MALLORY LIVING TRUST DATED OCTOBER 19, 1995 Darrell R. Mallory, Trustee et ,frAtie Belt B. Mallory, Trustee 01015062 8/26/2002 13128:41 PS: 0001-004 20.00 DOC FEE: 84.80 CAROL SNYDER ADAMS COUNTY • STATE OF (bbrado) COUNTY OF ' ill /' ) ss. The foregoing instrument was acknowledged before me this 22 day of August 2002, by Darrell R. Mallory and Betty B. Mallory as Trustees of The Darrell R. Mallory and Betty B. Mallory Living Trust Dated October 19, 1995. Witness my hand and official seal. My commission expires: NOTARY PURRIC STATE OF COLORADO Mf Gane+rM°n E Ms W2OOs t EXHIBIT A LEGAL DESCRIPTION THAT PART OF TEE NORTE ONE-HALF OF TEE SOUTHEAST ONE -QUARTER, SECTION 1, TOWNSHIP 1 SOUTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ADAMS COUNTY, COLORADO, LYING NORTH AND WEST OF THE CENTERLINE OF TEE SOUTH PLATTE RIVER DESCRIBED AS: COIOmlCI11Ci AT THE SOUTHEEST CORNER or SAID NORTH ONE-HALF SOUTHEAST ONE -QUARTER, SAID POINT BEING TEE POINT OF BEGINNING; THENCE NOO°08'29'W, ALONG THE WEST LINE OF SAID NORTE ONE-HALF SOUTHEAST ONE -QUARTER A DISTANCE OF 477.26 FEET; THENCE N89.54'25'E, PARALLEL WITH THE SOUTH LINE OF SAID NORTH ONE-HALF SOUTHEAST ONE -QUARTER, A DISTANCE OF 1250.00 FEET; THENCE NOO°08'29■N, PARALLEL NITS TE WEST LINE OF SAID NORTH ONE-HALF SOUTHEAST ONE -QUARTER, A DISTANCE OF 169.08 FEET; THENCE N89.54'25'E, PARALLEL NITS TEE SOUTH LINE OF SAID NORTH ONE-HALF SOUTHEAST ONE -QUARTER A DISTANCE OF 1324.16 FEET TO TEE CENTERLINE OF THE SOUTH PLATTE RIVER, THENCE BY THE FOLLOWING COURSES AND DISTANCES ALONG THE CENTERLINE OF THE SOUTH PLATTE RIVER: 853°55.12"W, 94.57 FEET; 832.39'44'W, 231.53 FEET; 826.54'09"W, 242.48 FEET, 815'48'38'W, 187.17 FEET TO THE SOUTH LINE OF SAID NORTH ONE-HALF SOUTHEAST ONE -QUARTER; THENCE 889.54'25'W, ALONG THE SOUTH LINE OP SAID NORTE ONE-HALF SOUTHEAST ONE -QUARTER, A DISTANCE OF 2210.47 FEET TO THE POINT OF BEGINNING, EXCEPT THE WEST 40.00 FEET THEREOF. a EXHIBIT "B" PERMITTED EXCEPTIONS 1. Taxes for the year 2002, and subsequent years; special assessments or charges not certified to the County Treasurer. 2. Lease by and between Ronald R. Mallory as Tenant and Aggregate industries -NCR, Inc., a Colorado corporation, as Landlord. 3. Oil and Gas recorded May 07, 1973, in Book 1862 at Page 112, and any assignments thereof or interests therein or rights thereunder. 4. Terms, conditions, provisions, obligations and easements, contained in Basement Deed, recorded October 17, 1959, in Book 3612, at Page 381. Correction Basement in connection therewith recorded November 02, 1989, in Book 3617 at Page 596. 5. a. Rights of others in and to the use of the South Platte River, located over, across, in or under a Southeasterly portion of subject property, and rights to enter said property to maintain the same. b. The consequences of any past or future change in the location of the centerline of the South Platte River, which forms the Southeasterly boundary of the property. 6. The effect, if any, of the Resolutions recorded July 11, 1995, in Book 4545 at Pages 325 through 328. NOTE: Gets Exemption From Subdivision recorded February 28, 1996, at Reception No. C0150993. 7. Terms, conditions, provisions and obligations contained in Option Agreement. recorded January 22, 2002, at Reception Number C0916204. 8. The land described herein shall not be deemed to include any house trailer, mobile home or mobile dwelling on the subject property. RECEPTION#: 2016000095874, 11/07/2016 at 03:07:27 PM, 1 OF 12, State Documentary Fee $0.00 TD Pgs: 0 Doc Type:DD Stan Martin, Adams County, CO EASEMENT DEED AND AGREEMENT THIS EASEMENT DEED AND AGREEMENT ("Deed and Agreement") is made this 2.A �" day of C)c .'3 t , 2016, by and between the AGGREGATE INDUSTRIES-WCR, Inc., Colorado, corporation, whose address is 1687 Cole Blvd #300, Golden, Colorado 80401 ("Grantor"), and TODD " CREEK —VILLAGE METROPOLITAN DISTRICT, a Colorado metropolitan district, whose address is 10450 E. 159th Ct., Brighton. Colorado 80602 ("Grantee"). WHEREAS, Grantor owns certain parcels of land located County of Adams, State of Colorado, and more particularly described on Exhibit A (the "Grantor Parcels"); and WHEREAS, Grantee desires to obtain, and Grantor agrees to grant, three perpetual nonexclusive easements (collectively, the "Easements") in, to, over, along, upon and across those portions of the Grantor Parcels more particularly described and depicted in Exhibit B-1, Exhibit B-2, and Exhibit B-3 attached hereto (collectively, the "Easement Property"). The Easements applicable to the Easement Property depicted on Exhibit B-1 and Exhibit B-2 are for the maintenance, operation, repair, replacement, removal and use of one or more water conveyance facilities, pipelines and associated appurtenances (the "Riverfront Easements"). The Easement applicable to the Easement Property depicted on Exhibit B-3 is for the maintenance, operation, repair, replacement, removal and use of one or more water pipelines and associated appurtenances (the "Pipeline Easement") WHEREAS, Grantor had previously made arrangements for a technical memorandum summarizing the engineered mining setbacks for mining operations on the Grantor Parcels. WHEREAS, Grantor has provided a copy of the aforementioned technical memorandum entitled Aggregate Industries Tucson South — East Cell Mining Easement Descriptions dated December 2005 to the Grantee. WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant, bargain, sell and convey unto the Grantee, its successors and assigns, three perpetual nonexclusive easements in, to, over, along, upon, under and across the Easement Property, to be used by Grantee. The Riverfront Easements are to be used for one or more water diversion and/or conveyance facilities, wells, pipelines and associated appurtenances (collectively, the "Diversion Equipment") but not including open ditches. The Pipeline Easement is to be used for the maintenance, operation, repair, replacement, removal and use of one or more water pipelines and associated appurtenances (collectively, the "Pipeline Equipment," and, collectively with the Diversion Equipment, the "Equipment")), together with the right of ingress and egress to and from the Grantor Parcels using existing roads and gates for the 1 It71892 I RECEPTION#: 201600O095874, 11/07/2016 at 03:07:27 PM, 2 OF 12, State Documentary Fee $0.00 TD Pgs: 0 Doc Type:DD Stan Martin, Adams County, CO purpose of exercising the rights herein granted, and, if and when necessary, repairing or removing any appurtenances located on the Easement Property. Grantor reserves all rights, title and interest to the mineral and aggregate estate of the Easement Property subject only to the Grantee's rights as expressly granted herein. I. Grantee shall be entitled to the perpetual, nonexclusive use of the surface and subsurface area of the Easement Property subject to the Riverfront Easements for use as necessary in connection with Grantee's use, operation, maintenance, repair, replacement or removal of the Diversion Equipment, including such portion of the Grantor Parcels as necessary for the purpose of ingress and egress. 2. Grantee shall be entitled to the perpetual, nonexclusive use of the subsurface area of the Easement Property subject to the Pipeline Easement for use as necessary in connection with Grantee's use and operation of the Pipeline Equipment, as well as the use of the surface as needed for maintenance, repair, replacement or removal of said Equipment, including such portion of the Grantor Parcels as necessary for the purpose of ingress and egress. 3. Grantee's use of the Easements is subject to the following conditions, reservations and limitations: a. In the event of disturbance of the ground surface in connection with Grantee's exercise of the rights herein granted, Grantee shall have the obligation to return the surface of the Grantor Parcels disturbed by it or its agents to substantially the same conditions as existed immediately prior to such activities, including any post -construction settlement of the ground surface. However, that nothing set forth herein shall be construed as a limitation on Grantee's permanent use of the surface of the Easement Property subject to the Riverfront Easements for Equipment and the exercise of the rights herein granted. b. Grantee shall install and maintain above -ground markers indicating the existence of its water pipeline and the alignment thereof c. Grantee shall register any pipelines located within the Easement Property with the Underground Utility Notification Center of Colorado. d. Grantee shall use established roadways through the Grantor Parcels for ingress and egress to the Easement Properties where practical. e. Grantee shall not adversely impact or unreasonably interfere with Grantor's use and enjoyment of the Grantor Parcels including operations conducted thereon, subject only to the express rights granted to Grantee herein. f. Grantee agrees to abide by Grantor's reasonable rules and regulations, including safety rules, governing access to and use of the Grantor Parcels, including, but not limited to, providing reasonable advance notice to Grantor 2 11718921 RECEPTION#: 2016000095874, 11/07/2016 at 03:07:27 PM, 3 OF 12, State Documentary Fee $0.00 TD Pgs: 0 Doc Type:DD Stan Martin, Adams County, CO before exercising its rights of access and use, except in the case of an emergency. Reasonable advance notice by Grantee shall mean 24 hours' notice for routine use, operation and maintenance and seven (7) days' notice for major operations involving the repair, replacement or removal of the Equipment. Verbal notice to Grantor's designated representative is acceptable. Regardless of the foregoing notice requirements, Grantee shall have the right to immediate access to its Equipment in the event of an emergency. Upon Grantee's notice to Grantor for access, Grantor will advise Grantee of any rules and regulations, including safety rules, applicable to Grantee's access to and use of the Easements and Grantor Parcels. g. Grantee agrees that all of its activities on the Grantor Parcels will be conducted in accordance with standard industry practices and in compliance with all applicable laws, regulations, rules and codes of any governmental authority with jurisdiction. h. Grantee shall secure, maintain and comply with all required licenses, permits and certificates relating to, otherwise necessary or appropriate for, the construction, installation, repair, replacement and maintenance of the Equipment. i. Grantee acknowledges that the Easements are located within the boundaries of the Grantor's Section 112 Construction Materials Permit No. M- 2004-044, Tucson South Resource, as approved by the Colorado Mined Land Reclamation Board, and that Grantor's sand and gravel mining operations and reclamation activities will occur within 200 feet of the Equipment to be constructed by Grantee. Grantee hereby waives any right to claim Grantor's operations on the Grantor Parcels are subject to minimum mining setback requirements and hereby grants permission to Grantor to mine in accordance with the setbacks outlined in the technical memorandum referenced in the Recitals, which includes the right to mine within twenty (20) feet from the centerline of any pipeline installed by Grantee in the Easements. Grantee further acknowledges and agrees that the aforementioned technical memorandum referenced in the Recitals and provided as part of this Deed and Agreement, and any engineered analysis summarized therein, satisfies Grantor's obligations under C.R.S. § 34- 32.5-115(4)(e) to demonstrate that the Equipment will not be damaged by the proposed construction materials excavation operations. 4. Except as provided herein, Grantor hereby agrees not to grant any additional subsurface rights or concurrent rights to the use of the Easement Property to any other party or entity without Grantee's prior written consent, which consent shall not be unreasonably withheld. Grantor shall not be obligated to obtain Grantee's consent for any subsequent sale, lease or other disposition of the mineral or aggregate estate of the Easement Property. 5. Each party (as a "Representing Party") represents to the other that the Representing Party has full power and authority to execute, deliver and perform this Deed 3 147IS92 I RECEPTION#: 2016000095874, 11/07/2016 at 03:07:27 PM, 4 OF 12, State Documentary Fee $0.00 TD Pgs: 0 Doc Type:DD Stan Martin, Adams County, CO and Agreement; that the individual executing this Deed and Agreement on behalf of the Representing Party is fully empowered and authorized to do so; and that this Deed and Agreement constitutes a valid and legally binding obligation of the Representing Party enforceable against the Representing Party in accordance with its terms. 6. In connection with this Deed and Agreement, Grantee and the City of Aurora, Colorado have entered into an Intergovernmental Agreement which shall be recorded contemporaneously with this Deed and Agreement. TO HAVE AND TO HOLD the perpetual nonexclusive Pipeline Easements described herein unto the Grantee, its successors and assigns, forever. - - Remainder of Page Intentionally Left Blank ----- 4 13%1&9:.I .RECEPTION#: 2016000095874, 11/07/2016 at 03:07:27 PM, 5 OF 12, State Documentary Fee $0.00 TD Pgs: 0 Doc Type:DD Stan Martin, Adams County, CO Grantor: AGGREGATE INDUSTRIES-WCR, INC. By: State of Colorado ) ss County of JaCevsort ) The foregoing Easement Deed And Agreement was acknowledged before me this ?-* day of 0 c . 2016 by M1 c.1't.4e-1 1Ze-4er 111e'ion4t. pitznititer. of Aggregate Industries-WCR, Inc. Witness my hand and official seal TERRI L CHASTAIN NOTARY PUBLIC STATE OF COLORADO .AL NC rARY ID 20034021077 Notary Public [ klY C_0MMISSI0�zES JUNE 25 201 My Commission Expires: f /a--1119 5 as RECEPTION#: 2016000095874, 11/07/2016 at 03:07:27 PM, 6 OF 12, State Documentary Fee $0.00 TD Pgs: 0 Doc Type:DD Stan Martin, Adams County, CO Grantee: TODD CREE ILLAGE METROPOLITAN DISTRICT By: George R. on, Jr. State of Colorado County of Adams ) ss ) The fore.going Pipeline Easement Deed And Agreement was acknowledged before me this 2nrk day of j1\wrr►l ,r-, 2016 by George R. Hanlon, Jr., President of the Board of Directors of the Todd Creek Village Metropolitan District. Witness m hand and official seal My Commission Expires: c'1 l21 110 l 7 6 737 A92, J `- SEW., JIMMY L. OGE NOTAtY PUBLIC STATE Of COLORADO NOTAF' ID 20094012558 MY COMMISStuN EXPIRES APRIL 21, 2017 .RECEPTION#: 2016000095874, 11/07/2016 at 03:07:27 PM, 7 OF 12, State Documentary Fee $0.00 TD Pgs: 0 Doc Type:DD Stan Martin, Adams County, CO EXHIBIT A LEGAL DESCRIPTION - GRANTOR PARCELS (3) Legal Description and Boundary Information (A2r reeate Industries-WCR. Inc. Parcel Map titled "Stough Exemption Section 1, Township 1 South, Range 67 West of the 6`h P.M. "by Epp and Associates, Inc. (Peter Epp, PLS #14815), dated 9.27.00 A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 1 SOUTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF ADAMS, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 1; THENCE SOUTH 89°39'53" WEST 2445.14 FEET ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 1; THENCE NORTH 00°06'03" WEST 827.14 FEET; THENCE 214.58 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 2944.62 FEET AND A LONG CHORD WHICH BEARS NORTH 69°36'00" WEST 214.53 FEET TO A POINT LYING 40.00 FEET EASTERLY FROM THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 1; THENCE NORTH 00°06'03" WEST 32.52 FEET PARALLEL TO THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 1; THENCE 305.94 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2914.62 FEET AND A LONG CHORD WHICH BEARS SOUTH 70°16'26" EAST 305.80 FEET, SAID POINT BEING ON THE SOUTHERLY LINE OF THE TUCSON RESOURCES SUBDIVISION AS RECORDED IN THE ADAMS COUNTY RECORDS IN FILE 17 MAP 855; THENCE SOUTH 73°16'48" EAST 2463.67 FEET ALONG THE SOUTHERLY LINE OF SAID TUCSON RESOURCES SUBDIVISION TO THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION I; THENCE SOUTH 00°10'30" EAST 108.13 FEET ALONG THE FAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 1 TO THE POINT OF BEGINNING; SUBJECT PARCEL CONTAINS 27.243 ACRES, MORE OR LESS. Legal Description and Boundary Information (Former Getz Parcel): Map titled "Land Survey Plat Part of the NI/2 of the SE % of Section 1, Township 1 South, Range 67 West of the 6Ih P.M., Adams County, Colorado" by A.W. Fredenburg PLS, dated 9.12.95 stamped and signed by Allan W. Fredenburg (PLS 13482). THE NORTH ONE-HALF SOUTHEAST ONE -QUARTER OF SECTION 1, TOWNSHIP 1 SOUTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ADAMS COUNTY, COLORADO; EXCEPT THAT PART DESCRIBED AS RECEPTION#: 2016000095874, 11/07/2016 at 03:07:27 PM, 8 OF 12, State Documentary Fee $0.00 TD Pgs: 0 Doc Type:DD Stan Martin, Adams County, CO BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTH ONE-HALF SOUTHEAST ONE -QUARTER; THENCE SOUTH 89°54'25" WEST ALONG THE SOUTH LINE OF SAID NORTH ONE-HALF SOUTHEAST ONE -QUARTER A DISTANCE OF 484.25 FEET TO THE CENTERLINE OF THE SOUTH PLATTE RIVER; THENCE NORTHERLY ALONG SAID CENTERLINE THE FOLLOWING COURSES AND DISTANCES: NORTH 15°48'38" EAST 187.17 FEET; NORTH 26°54'09" EAST 242.48 FEET; NORTH 32°39'44" EAST 231.53 FEET; NORTH 53°55'12" EAST 237.50 FEET TO A POINT ON THE EAST LINE OF SAID NORTH ONE-HALF SOUTHEAST ONE -QUARTER; THENCE SOUTH 00°31'14" EAST ALONG SAID EAST LINE A DISTANCE OF 730.35 FEET TO THE POINT OF BEGINNING; SUBJECT PARCEL CONTAINS 75.92 ACRES MORE OR LESS. EXCPTING R.O.W. DESCRIBED AS; THE WEST 40.00 FEET OF THE NORTH ''A OF THE SOUTHEAST 'A OF SECTION 1, TOWNSHIP l SOUTH, RANGE 67 WEST OF THE 6TH P.M., ADAMS COUNTY, COLORADO, CONTAINS 1.20 ACRES MORE OR LESS. SUBJECT PARCEL CONTAINS 74.72 ACRES, MORE OR LESS, EXCEPTING R.O.W. Legal Description and Boundary Information (Former Leon Parcel): Map titled "Alta/ASCM Land Title Survey of a Portion of the SW ',. of the SE '/4 , Section 1, T.Is., ROW, 6" P.M. County of Adams, State of Colorado" by Farnsworth Gau, dated 8.29.02 stamped and signed by Robert A. Boehm (PLS 34992). THE SW 14 OF THE SE 'A OF SECTION 1, TOWNSHIP l SOUTH, RANGE 67 WEST, EXCEPT THAT PART AS DESCRIBED IN BOOK 1055 AT PAGE 52, AND IN BOOK 1214 AT PAGE 326 AND EXCEPT THAT PART AS DESCRIBED IN BOOK 1205 AT PAGE 128, COUNTY OF ADAMS, STATE OF COLORADO. SUBJECT PROPERTY CONTAINS 32.64± TOTAL ACRES INCLUDING 0.68+ ACRES ENCUMBERED BY PERSCRIPTIVE RIGHT-OF-WAY. SUBJECT PARCEL CONTAINS 31.96 ACRES MORE OR LESS EXCEPTING R.O.W. 2 ,RECEPTION#: 2016000095874, 11/07/2016 at 03:07:27 PM, 9 OF 12, State Documentary Fee $0.00 TD Pgs: 0 Doc Type:DD Stan Martin, Adams County, CO Exhibit B-1 SHEET 1 OF 2 DESCRIPnONt COMMENCING AT THE CENTER QUARTER CORNER OF SECTION 1, TOTISHP I SOUTH, RANGE 67 NEST OF THE SIXTH PRINOPAL MERIDUN. AND CONSIDERNIC THE NORTH LINE OF THE SOUTHWEST WARIER OF SAID SECTION 1 TO BEAR NORTH 89'4056' EAST, AS MODDMENIED BY SAD CENTER QUARTER CORNER, BEING A 3 1/4' ALUMINUM CAP STAMPED "LS 16637' OH THE EAST, AND THE NEST QUARTER CORNER OF SAID SECTION I, KWIC A 3 1/4' ALUMINUM CAP STAIPED "FRS 28656' ON THE NEST, AS SHOWN HEREON, NTH N3, BEARING$ HEREIN RENATIVE TIIERETC>:. _.. THENCE ALONG TIC NORD LIE Of TIE SOUTHEAST WARIER OE SAID SECTION 1 1489'39'56'G A DISTANCE OF 2581.83 FEET TO THE POINT O' BEGNRNNO. THENCE ALONG SAID NORTH LINE OF 11E SOUTHEAST OIARTFR ff SAID SECTION 1 NORTH 89'39'56" FAST A )INSTANCE OF 102.69 FEET TO THE EAST QUARTER CORNER OF SAD SECTION 1; THENCE ALONG THE EAST LIE OF THE SOUTHEAST QUARTER OF SAD SECTION 1, ALSO BONG THE EAST UNE OF THAT TRACT OF LAND DESCRIBED AT RECEPTION NET. 00994443, ADAMS COUNTY RECORDS, SOUTH GD'28'46' EAST A DISTANCE O 589.81 FEET; THENCE DEPARTING SAID EAST JNE OF THE SOUTHEAST QUARTER or SECTION 1, ALONG A SOUTHWESTERLY DINE CF SAO TRACT OF LAID OESCPoBED Al RECEPTION N0. 00994443. ADAMS COUNTY RECORDS. SOUTH 53'50'34' NEST A DISTANCE OF 141.67 FEET TO THE NORTHEAST CORNER Of THAT TRACT OF LAND DESCRIBED AT RECEPTION NO. 01015062, ADAMS COUNTY RECORDS; THENCE ALONG THE EAST LLVE OF SAID TRACT OF LAND DESCRIBED AT RECEPTION N0. C1015062. ADAMS COUNTY RECORDS THE FO.LOINNG FOUR COURSES AND DISTANCES: 1) S01)1H 53'50'34' NEST A DISTANCE OF 94.57 FEET; 2) SOUTH 32'34'34' TEST A DISTANCE OF 231.53 FEET; 3) SOUTH 26'49'34' NE51 A DISTANCE OF 242.46 FEET: 4) SOUTH 15'4714" WEST A INSTANCE OF 187.17 FEET TO A PONT 9N THE SOUTH -NNE OF 14T NORTH HALF OF 111E SOUTHEAST QUARTER OF SAID SECTION I; 511012E ALONG SAID SOUTH LIVE OF THE NORTH HALF OF THE SOUTHEAST QUARTER O SECTION I SOUTH 8966'34' NEST A DISTANCE OF 263.91 FEET; THENCE NORTH 212526' EAST A DISTANCE OF 693.09 FEET TO A POINT ON THE WEST LINE OF A FIPELI E EASF11181 DESCRI3ED AT RECEP1N74 NO. 2012000059968, ADAMS COUNTY RECORDS; THENCE ALONG SAD TEST INC OF SAID PPELINE EASEMENT DESCRIBED AT RECEPTION NO. 2012000059966, ADAMS COUNTY RECORDS, THE FO LOWNC TEN COURSES AND DISTNICES: 1) NORTH ,53'27'38' EAST A DISTANCE O 116.64 Ftll; 2) NORTH 221749' EAST A DISTANCE OF 119.61 FEET; 3) NORTH 4518'56' EAST A DISTANCE OF 85.22 FEET; 4) NORTH 68`4'20' EAST A DISTANCE OF 141.29 FEET. 5) NORTH 4511732" EAST A DISTANCE Cf 62.75 FEET; 6) NORTH 2810'15' EAST A DISTANCE OF 127.20 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT; 7) 49.94 EEO ALONG DE ARC SAD CURSE, NAV4NG A RADIUS Cf 330.35 FEET. A CENTRAL 614011 OF 8'39'42', AND A CHORD WHICH HEARS NORTH 22'52'07' EAST, 49.89 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TC THE (EFT: 8) 45.43. FEET ALONG THE ARC O' SAID CURE, HAVING A RADIUS OF 285.00 FEET. A CENTRAL ANGLE OF 9'07'51, ADD A CHORD WHICH LCARS NONNI 1129'2(1" EAST, 45.38 FEET. 49.88 FEET '0 MIL BEGINNING (IF A NUN- IANCENI CONE TO NC LEFT; 9) 73.41 FEET ALONG THE ARC OF SAID CURVE, NAVYIG A RADIUS OF 285.00 FEET, A CENTRAL ANGLE OF 14'45'29', AND A CHORD MACH BEARS NORTH 22'48'46" NEST, 73.21 FEET. 49.89 FEET TO THE BEGINNING OF A NON -TANGENT CARVE TO THE LEFT; 10) 38.98 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 285.00 FEET. A CENTRAL ANGLE OF 7'49'57, AND A CHORD WHCH BEARS NORTH 57'50'07' NEST, 36.93 FEET: THENCE NORTH 13'35'29' EAST A DISTANCE OF 30.91 FEET TO THE POINT OF BEGINNING. CONTAINING 7.443 ACRES, MORE OR LESS. CONSULTING 603 Park Point Drive Suite 100 Golden, CO 80401 0 Bauman ConFMMGram. LW Cad 8e Phone: (303) 674-7355 Fax- (303) 674-3263 www.hawmanr.onsultin0.Com NOTE: THIS IS NOT A LAND SURVEY FLAT OR AN IIPROVEUENT SUM') PLAT SHEET 1 OF 2 Todd Creek Village Metropolitan District Adams County, Colorado August 13, 2015 \401136 Toad 044, wmga Metro 081\020120-02-001 (SUR) - Todd i.e. Dlal\ AltarieO\Faeer,en, FArRA*\PA1FA1Mt A.drg RECEPTION#: 2016000095874, 11/07/2016 at 03:07:27 PM, 10 OF 12, State Documentary Fee $0.00 TD Pgs: 0 Doc Type:DD Stan Martin, Adams County, CO Exhibit B-1 SHEET 2 OF 2 0 DI USE 58/4 SECTION I N89'40'56"E 261516' (BASK O BEARINGS) NB9'J9'5$E 2581.83' AG(REGATE INDUSTRIES-NU7 NC. REC. ►C0994443 ER51145 Pr7E1J EASEHEN1 REC. /2012000059968 AGGREGATE 010U5-RES-ACR INC. REC. /C1015062 200 400 - S00 C' C2 C3 C4 ARC LENGTH 49.94' 45.43' 73,41' 38.96' RADEUS 330.35' 285.00' 265.00' 285.00' DELTA ANGLE 6'39'42" 9'07'57` 14'45'29" 749'57" CHORE BEARIN .HOBO LENGTH • 52752'07"W 49.89' LI N89'39'561 N12'29'201'45.38' 12 553'50'34'W 162748'46'W 173.2'' 13 553'50 34 3'l 55750'07'E {38.93 . L4 532-34'34'W 231.53' POINT OF BEGINNING LINE BEARING DISTANCE CITY OF 6180'fS l RF.C. 460168 m e leg E W W Bowman CONSULTING 603 Park Poinl Drive Phone: (303) 674-7355 Suite 100 Fax; (303) 674-3263 Golden, CO 80401 www.bowmanconsuling.com 0 Sovn.n Camden Grant. 1.01 NOTE. TINS IS SOT A LAND SURVEY '1A1 OR AN 89 16 LNENT SURwEY PLAT. SHEET 2 OF 2 15 S26'49'34'v L6 815'43'34"W 17 589'56'34"W IB N21'25.26'E 19 N33'27'38 -E 110 922'37'49'E I11 N45'38'56'E L12 568'14'20'E L13 N45'07'32 -E 114 N28'10'15'E 115 913'35'29"L 102.89' 141.67' 94.57' 242.48' 187.17' 263.91' 863.09' 116.64' 11961' 85.22' 141.29' 62.7S' 127.20' 30.91 Todd Creek Village Metropolitan District Adams County, Colorado August 13, 2015 Cad 9e name : WA02913.4 - Todd hood Sol. Nr o Ohl\024156-02-00+ (166) - Todd Coed Wog. Metro 6011 VondyNdlorUnINEosonool Edrbb\PLAIT.J6n Ad 0 ,RECEPTION#: 2016000095874, 11/07/2016 at 03:07:27 PM, 11 OF 12, State Documentary Fee $0.00 TD Pgs: 0 Doc Type:DD Stan Martin, Adams County, CO EXHIBIT 8-Z CENTER OF SECTION I T1S Iffi7W \_SE4 sec1 718. R87W —� w SOMME MDT 1!K oO AMIE OF SWIM 0. 111E MOW OMR 0000817087 s 0710'30' r^ 7.70 AGGREGATE INDUSTRIES -WE INC 11DANS COUNT/ RECEPTION NO. 01020094, ammo 9-9-02 PART 111E or soma= 017008 or ME AA/OE 57 SM S 16'56'49* W 269.6? \-BOOK 120.1-,, 5 89'4530' E PACE 128 70.00' 1 S BP23' E 0210.70' _ 0/110: t am 1 / L00 0f 0r.710N90m. 1. �* ROM 07 WELT PONE OF COMAENCEMENT SOUTH EN CORNER OF SECTION 1, TU. M71N USILMSOICELIII. • PIXEL= WO LOWED= 1NE 900MR6T 1/4 OF 8E 1,011110M1/8 OF 17181 I. 100$. 111010E 1P WEST OF ME 41N mmFAL 'NNOM, mom 001M'6 STATE OF TO▪ INEM 1 00011E MICE 07 rid TWO 811 POMP= =MK 1111010 00120. OFT= MOM= Or TIC SOUTWAST 1/4 CF EOY E. -r MAO wine E POINT OF BEGINNING N 087730 E MAO* 0010/0100 AT 1100 50111( ONE 00118®0 OF DEMON 11 ?INNS AMID TIC SOON 110 OF 87110 L MAN IOW EAST. SAO 111E ALSO ECM 10 80U7100X DM CV A PANTO. OF LAST 01pD1W N N00 104 AT MOP0101411700. MOO 008NY 0001 AN0 IEOd00lf NE M A 0876E OF 1301.30 FEET W 710 FAST IC OF 80 717181087 ONE dIM1R OF SOONFA4? ME 1 OMM OF MOM 014100�7p ALCMillOW 5 110 EOFMMIT 800 COMM OF 80FMG0E WARM0WARMOF MOON I. 0087 $ 00730 1EASE A MANE OF. 1870 { 0900 /'Wf t SAO POW NM ON NC NOM MEW 110 PA DOMED AT 087 1204 PATE q< AT 110 1111115 ▪ .1 106E NOM 081770' EAST. NO 8011E 00 DST we A Noma OF 2500E ELL?. DOKE 90001 IMO' 1811 N0 COMM0 00 FAST UNE A 018FANOE OF 881)7 FEY W A PORT ON WC KIM 130 6 TAO 711171. ON00 AT 800E MO14 7110E 124 AT 115 ABMS COUNTY CUM 00 2000081! OF78l: 100181111104670 FASO 111000 010 NORM WC A 0111 0a OF 800 W 1IC FONT W 0*0N0. 1E ABM 0418!0 PANEL 0070100 0700 0000 P171 O 0.20 MO 18E =MS NOM 1. 1M} 000 NIA MOW= 111110)7 ON MIRO CO OLOMINIr 0714 004NMT 010 0001 NOT 0R011N0 A 70[ MMM ',Yaw 1A40M 0711. uuA 107100. Trill /000.001017 11070/0. L I A OONl01RA;NKY. N N 110,24119N Y 10 rn11 0011 MOW •M0 ors 1TO180so-ow APOMPON OF1HESW1/4OFSWAM 1 7TS, 1167111. OF THE 6111 P.M. ADAMS COUNTY. co01.OR/0 PR ARFD FOR: T000 OREEK NlAOE I4C1ROPOUTAN COSMIC? OAIE. 1 117 AMOCO 2 2N RAO004 3j 0/14/I5 01/01/15 T6O 118 Nl1OFC 000-214-402 PATE 20%2 RECEPTION#: 2016000095874, 11/07/2016 at 03:07:27 PM, 12 OF 12, State Documentary Fee $0.00 TD Pgs: 0 Doc Type:DD Stan Martin, Adams County, CO Exhibit B-3 DESCRIPTION COMMENCING AT THE CENTER QUARTER CORNER OF SECTION I, TOVNSHN 1 SOUTH, RANGE 67 VEST OF THE 6TH PRINCIPAL MERIDIAN. AND CONSIDERING THE VEST LINE 0' THE NORTHEAST QUARTER OF SAO SECTION 1 TO BEAR NORTH OOTU6'09" VEST, UONUMENTED ON THE SOUTH BY SAN CENTER QUARTER CORNER BEING A 3 '/4' ALIIIUIIUM CAP STAMPED 'PLS 1003T, AND ON THE NORTH 9Y NE NORTH QUARTER CORNER OF SAID SECTION 1, BEING A 3 I/4' ALUMINUM CAP STAMPED 'PIS 16837', NIT)' ALL BEARINGS HEREIN RELATIVE THERETO; THENCE ALONG THE SOUTH UNE OF SAD NORTHEAST CATER NORTH 89'40'00' EAST A DISTANCE OF 240.95 FEET, MORE OR LESS, TO THE SOITIEAST CORNER OF THAT TRACT Of LAND DESCRIBED A - RECEPTION NUMBFR CC755AT5, RENO THE PONT OF BEGINNING; THENCE ALONG THE EAST UNE OF SAD TRACT OF LAD DESCRIBED AT RECEPTION NUMBER C0755415 NOM 00'0609' VEST A DISTANCE OF 20.00 FEET; THENCE OEPARTNG SAID EAST MME OF SAID TRACT NORTH 89'4000' EAST A DISTANCE OF 2444.48 FEET, MORE OR LESS, TO A POINT ON THE EAST UNE OF DIE NORTHEAST QUARTER OF SAID SECTION I; THENCE ALONG SAID EAST LINE OF TIE NORTHEAST QUARTER OF SECTION I SOUTH 00'09'45' EAST A DISTANCE O 20.00 FEL1, MORE OR LESS, TO THE SASS QUARTER CORNER OF SAID SECTION 1; THENCE ALONG 11E SOUTH LIE OF SAID NORTHEAST QUARTER SOUTH 89.4000 VEST A DISTANCE OF 2444.50 FEET, MORE OR LESS TO THE PONT OF BEG MNG MEANING 1.122 ACRES. MORE OR LESS. NOTE: THIS IS NOT A LAND SURVEY PAT OR AN IMPROVEMENT SURVEY P.AT. 0 300 600 3cae: SOO'O9'45E 20.00' REC. I►C0559305 w 0 ✓ an N N w z oD N SECTION 6 TIS R66W SECTION 1 T1S R67W 20.00 PROPOSED WATERLINE EASEMENT REC. 11CO256218 REC. #00256220 POINT OF BEGINNING no, 7/4 caortA 2400130 09'W 6EciNM 1 NR9'4O'U0', ns R6n 2040' 3 lie A Awn, mo 24095' LS 16937 1 3EC. #C0755415N 00'06'09" W 2293.16' _.4,__- - - TUCSON STREET - (BASIS OF BEARINGS) Bowman CONSULTING 603 Park Point Drive Phone: (303) 674-7355 Suite 100 Fax: (303) 674-3263 Golden, CO 80201 www.bowmanconsulting.com O CO3 .0710 Cow. Ltd. ad file name' I' \IOUs The C,..7 wage Meteo N0\020136-12-00, 0, (SUR) - Todd Gee. VON. Yoko del\So^e2\ CUTER 1/4 COINER SC110. 1 I'S Rita ] 1/i' MAP., CAP LS 10111 (PINT Of Ca19ENCEuTM1) Todd Creek Village Metropolitan District Adams County, Colorado May 14, 2015 ;sy\roeemeel EKW.Aao\E,oe9 Ne.) LICENSE AGREEMENT This License Agreement ("Agreement"), made this day of 2020, between the City of Aurora, Colorado, a Colorado municipal corporation in the counties of Adams, Arapahoe and Douglas, herein referred to as "City", whose address is 15151 E. Alameda Parkway, Suite 3600, Aurora, Colorado 80012 and Aggregate Industries-WCR, Inc., a Colorado corporation, whose address is 1687 Cole Boulevard, Suite 300, Golden, Colorado 80401, herein referred to as "Licensee" (whether grammatically singular or plural). WITNESSETH That: The term "Licensee" shall include employees, agents, contractors, sub -contractors and all others authorized to either act upon behalf of the Licensee in furtherance of the activity authorized in Paragraph I, below, within the Licensed Area (as defined below) and attached hereto as "Exhibit A". The term "Licensed Area", as used herein, refers to real property, easements, and rights -of - way owned or held by the City and any other real property interest(s) the City may hold and to which the Licensee seeks license to occupy for the sole purpose of the construction, operation, maintenance, repair, and replacement of a conveyor belt system ("Conveyor"). The term "City Facilities", as used herein includes, but is not limited to, all City's reservoirs (including reservoir liners), pipes, valves, equipment and any other City appurtenances used in the placement, maintenance, protection and operation of the City's utility installation or any other public appurtenance or equipment belonging to the City. The term "Licensee's Facilities" as used herein includes, but is not limited to, all of the Licensee's permitted roadways, drainage facilities, utilities, fixtures and appurtenances thereto. The Parties hereto contemplate executing an Amended and Restated Purchase and Sale Agreement ("ARPSA") for the construction of water storage pits adjacent to the Licensed Area for which a conveyor is necessary. Now therefore, the Parties hereto agree as follows: 1. LICENSE The City, by these presents, without granting any real property interest, warranting title, and subject to the covenants hereinafter set forth, does hereby authorize the Licensee, its successors and assigns, to specifically grade, construct, operate, maintain, repair and replace Conveyor as identified on the conceptual design, which has been reviewed and approved by the Aurora Water Review Engineer and is attached hereto as Exhibit B. Licensee shall provide final construction plans for review and approval by the Aurora Water Review Engineer prior to commencement of construction of the conveyor belt system. Such final construction plans which have been approved will remain on file with the City of Aurora Division of Real Property and within Aurora Water's Land -Water Archive. Pagel of 12 2. LOCATION The Licensed Area is situated in the NW 'A of Section 1, Township 1 South, Range 67 West, of the Sixth Principal Meridian, County of Adams, State of Colorado, being more particularly described in Exhibit A attached hereto and made a part hereof by reference. 3. TERM The term of this Agreement shall be for a period of ten (10) years from the date of execution of this Agreement, subject to the terms and conditions in this Agreement and the provisions for revocation pursuant to the terms identified in Paragraph 25 below. In any event, this Agreement shall terminate on or before December 31, 2030. 4. CONSTRUCTION REGULATIONS A. Any construction initiated under this Agreement shall comply with and conform to the standards formulated by the City, including, but not by way of limitation, Rules and Regulations promulgated by the General Manager of Aurora Water and the Director of Public Works of the City and any and all Colorado statutes or federally mandated requirements. Prior to any construction activities Licensee must contact Aurora Water's Call Center at (303) 326-8645 at least five (5) business days in advance to schedule locates to be done on the Licensed Area. B. Utility locations to include "pot -holing" of subsurface City Facilities shall be a condition precedent to any construction within the Licensed Area. Licensee shall provide detailed pot -hole information to Aurora Water showing existing grade and depth of the City Facilities within the Licensed Area. C. Licensee will be required to survey and delineate the boundaries of the Licensed Area for the duration of any occupation of the Licensed Area for construction, re -construction, subsurface investigation, invasive activities or any other action which may affect a point - load over the City Facilities or deemed necessary by the City. D. Licensee shall not stockpile mined earthen materials on the Licensed Area. Licensee may use mined earthen materials from Licensee's Tucson South mine on the Licensed Area for sound proofing materials as needed, provided such earthen materials are not piled to a height that results in the materials spreading beyond the boundaries of the Licensed Area. E. Approval of construction plans by the City through Aurora Water is a condition precedent to any equipment mobilization, excavation or construction within the Licensed Area. F. Subsurface bores through the Licensed Area, as requested by Licensee or required by the City, must have boring plans approved by the City prior to construction. Page 2 of 12 G. Licensee shall conduct all construction, placement, modification, operation, repair, replacement and maintenance of Licensee's Facilities in such a manner that the City shall have unrestricted access to its property at all times. H. Licensee shall construct an elevated section of the Conveyor a minimum of fourteen (14) feet in height and span a minimum of twenty-four (24) feet. The elevated sections shall be located near the south property line. Licensee shall maintain an at grade crossing which will allow access by tractor trailers across the Licensed Area. I. Licensee shall bear responsibility for obtaining and complying with all permits and approvals required by the State of Colorado and any local governmental entities pertaining to the erection, operation and removal of the Conveyor. J. Licensee must have a copy of this executed Agreement on -site at all times. Failure to produce a valid, executed Agreement may result in Licensee's work being shut down temporarily. 5. FINAL PLAN AUTHORIZATION At least fifteen (15) days prior to the proposed date for commencement of the work hereby authorized, Licensee shall submit to the City for its final approval a duplicate set of final, detailed construction plans of the Licensee's proposed construction, utilization, modification, repair, testing, investigation replacement or maintenance plans authorized hereunder this Agreement. No construction shall be permitted upon the Licensed Area until the City has conducted its final review and approved said plans with a stamp from the Aurora Water Review Engineer. If, upon final review by the City, subsequent plan revisions are required of Licensee, no construction shall commence until said plans have received the City's written approval. 6. CITY APPROVALS Whenever consent or approval of the City is required under the terms of this Agreement, such consent or approval shall not unreasonably be withheld, conditioned or delayed. 7. NOTICE OF CONSTRUCTION Licensee shall notify City Watch & Protect at (720) 859-4318 at least five (5) business days prior to any mobilization, excavation, construction, modifications or repairs being done on the Licensed Area. Such notice shall specifically make reference to this Agreement. City Watch & Protect personnel shall be on site for observation during any invasive subsurface investigations, or activities that affect a point -load upon the City's Facilities within the Licensed Area or any other City property. City personnel are required to be on site during construction activities within the Licensed Area until such time as direct supervision or monitoring is no longer deemed necessary by the City. hi the event of emergency repairs required for public safety or restoration of service to utility customers, Licensee shall not be required to furnish notice prior to commencing said repairs but shall notify the City of the nature and extent of any such emergency work the next business day following said emergency repairs. 8. AS -BUILT DRAWINGS Page 3 of 12 Licensee shall provide the City with "As -Built" plans within sixty (60) days of completion of construction, modifications or repair of Licensee's Facilities within the Licensed Area. As -Built plans must clearly delineate the location of Licensee's Facilities relative to the City Facilities and shall include a plan and profile view of Licensee's Facilities and the City Facilities. 9. RESERVATION OF RIGHTS IN PROPERTY In granting this License, the City reserves the right to make full use of the Licensed Area as may be necessary or convenient subject to Licensee's use thereof as authorized herein, and the City retains all rights to operate, maintain, install, repair, remove or relocate any of the City Facilities located within the Licensed Area or any other City property at any time and in such a manner as it deems necessary or convenient. In the event the City has a need to use the Licensed Area, or conveys, leases or licenses the Licensed Area for use by a third party in a manner that materially interferes with Licensee's use as stated herein, the Parties agree to work cooperatively to find a suitable alternative Licensed Area. The Parties acknowledge that Licensee's ability to relocate the Conveyor to any such alternative Licensed Area shall be subject to any process of approval required by Adams County in connection with such Conveyor relocation. 10. COMPLETION AND CLEANUP Within six months after completion of mining activities on the Tucson South property, and prior to the delivery of the Storage Cells being constructed on that property, Licensee shall remove the Conveyor, clear the Licensed Area of all debris associated therewith and restore the Licensed Area to substantially the same conditions as existed immediately prior to construction. In the event clearing and restoration of the area is not completed within the time specified, the Licensee may request, in writing, an extension, or the City may complete the work at the sole expense of the Licensee. 11. RESTORATION OF FENCES AND FACILITIES City utility installations or fencing disturbed by Licensee's activities in connection with the Conveyor on the License Area shall be immediately restored by Licensee to a condition satisfactory to the City within six months. All other City Facilities or City property disturbed by the construction, placement, utilization, modification, repair, testing, investigation replacement or maintenance authorized hereunder this Agreement shall be restored to substantially the same conditions as existed immediately prior to construction. If restoration is not accomplished by the Licensee within the timeframe specified the City, the City, at its election, may perform such restoration at Licensee's expense. 12. MARKERS If required by the City, Licensee shall place and maintain permanent, visible markers of a type and at locations designated and approved by the City to define the boundaries of Licensee's Facilities. If the placing of the markers is not completed within the timeframe specified by the City with its approval of construction plans, the City may complete the work at the sole expense of the Licensee. 13. TREE TRIMMING Page 4 of 12 Licensee shall not trim or cut down any trees, shrubs or brush on the Licensed Area or any other City property without the prior written permission of the City. 14. LICENSEE RESPONSIBILITIES Throughout the term of this Agreement, Licensee shall be responsible for mechanically mowing the area within the Licensed Area. In the event portions of the side -slopes located adjacent to the Licensed Area deteriorates, Licensee shall be responsible for repairing said side slopes of the storage pit in order to protect Licensee's Facilities. Licensee's responsibilities for repairing side slopes or other City property is limited to those areas impacted by Licensee's use of the Licensed Area. 15. GUY WIRES Guy wires and/or anchors shall be installed only at locations designated and approved by the City. 16. BACICFILLING All trenches and excavations within Licensed Area shall be backfilled in the following manner. The trench or excavation shall be backfilled to the original ground line using only suitable soft earth material. The backfill material shall be deposited in layers not to exceed eight (8) inches, loose measure, for the full width of the trench. Layers shall be brought up uniformly and compacted with mechanical tampers capable of exerting a blow at least equivalent to 250 pounds per square foot, to 95% of Standard Proctor Maximum Density. The moisture content of the material shall be adjusted as required to secure the above density. The amount of water used shall be sufficient to obtain the maximum density specified. When moisture is in excess of that necessary for proper compaction, the Licensee shall be required to grade, mix or otherwise process wet material to proper moisture content or haul in suitable material. Tamping equipment shall be subject to the prior written approval by the City, with specifications submitted with construction plans. 17. UNDERGROUND UTILITIES AND INSTALLATIONS Any underground "dry" utility, to include underground electric, gas, telecommunication, cable, fiber optic, as sanitary sewer shall be encased in rigid steel or approved non-metallic conduit within the Licensed Area and may require cathodic protection as deemed necessary by the City. All gas lines require rubber matting between the gas line and the water conduit and may require cathodic protection as deemed necessary by the City. 18. WATER DISCHARGE Licensee shall not be permitted to discharge water into or upon the Licensed Area or any other City property. For purposes of this Agreement and this provision, the incidental use of water in the spray system is pennissible and does not constitute the discharge of water. Licensee, at its sole cost and expense, shall provide for carriage of any water over or across the Licensed Area in a manner satisfactory to and approved in writing by the City. Page 5 of 12 19. INTERFERENCE WITH CITY FACILITIES At no time shall Licensee interfere with City Facilities, and Licensee shall assume all risks incident to the presence of City Facilities. 20. CARE AND REPAIR OF CITY FACILITIES Licensee shall use all reasonable means to prevent any loss or damage to the City, the City Facilities or to any other party resulting from the construction, modification, replacement, repair, operation and maintenance of Licensee's Facilities. The City shall notify the Licensee in a timely manner if its activities are causing or have caused damage to City facilities. Unless the parties agree otherwise, any repair or replacement of the City's Facilities within the Licensed Area or any other City property made necessary, because of the construction, modification, operation, maintenance, repair or replacement of Licensee's Facilities, shall be made only by the City and at the sole cost and expense of the Licensee. 21. INSURANCE REQUIREMENTS Licensee, and all other operating parties on behalf of Licensee within the Licensed Area, shall maintain Commercial Property Insurance Policy while on the Licensed Area during the term of this Agreement. The cost of the required insurance shall be paid by the Licensee. Prior to commencement of any activities permitted under this agreement within the Licensed Area, the Licensee shall provide a certificate of insurance naming the City of Aurora as an additional insured, evidencing the following coverages: Commercial General Liability Insurance. Licensee shall maintain commercial general liability insurance covering all operations by or on behalf of Licensee on a per occurrence basis against claims for personal injury (including bodily injury and death) and property damage (including loss of use). Coverage will include Products and Completed Operations, Contractual Liability and a Waiver of Subrogation, and the XCU (explosion, collapse & underground) exclusion shall be removed. The City, its elected and appointed officials, employees, agents and representatives shall be named as Additional Insureds by endorsement. Minimum limits: $2,000,000 each occurrence $4,000,000 general aggregate $4,000,000 products and completed operations Commercial Automobile Liability Insurance. Licensee shall maintain business automobile liability covering liability arising out of the operation of any licensed motor vehicle used on the Real Property (including owned, non -owned and hired vehicles) with minimum limits of $1,000,000 combined single limit each accident, naming the City as an Additional Insured. Workers' Compensation and Employers Liability Insurance. Licensee shall maintain Worker's Compensation Insurance with limits in accordance with the provisions of the Workers' Compensation Act, as amended, by the State of Colorado. Additionally, Licensee shall maintain Employers Liability Page 6 of 12 Insurance with minimum limits of: $1,000,000 bodily injury for each accident, $1,000,000 bodily injury by disease each employee and $1,000,000 bodily injury disease aggregate. Umbrella/Excess Liability Insurance. Licensee shall maintain umbrella/excess liability insurance on an occurrence basis in excess of the underlying insurance described in this agreement which is as least as broad as the underlying policies. Policy limits with minimum limits of not less than Two Million Dollars ($2,000,000) per occurrence. The City, its elected and appointed officials, employees, agents and representatives shall be named as Additional Insureds by endorsement. Subcontractor's Insurance. It shall be the responsibility of Licensee to ensure that subcontractors maintain: A. Commercial General Liability insurance with minimum limits of $1,000,000 per occurrence, $2,000,000 general aggregate and shall name the City of Aurora as an additional insured; and B. Worker's Compensation Insurance with limits in accordance with the provisions of the services contemplated in the Workers' Compensation Act, as amended, by the State of Colorado and Employers Liability Insurance with minimum limits of: $1,000,000 bodily injury for each accident, $1,000,000 bodily injury by disease each employee and $1,000,000 bodily injury disease aggregate. City as Additional Insured. All insurance policies required by this agreement, except workers' compensation, shall name the City, its elected and appointed officials, employees, agents and representatives as additional insureds by endorsement and said coverage shall contain a waiver of subrogation. Licensee and/or Licensee's Agents shall provide a copy of an endorsement providing this coverage. Limits of Insurance. The total limits of general and excess liability insurance set forth above may be provided to the City using a combination of primary and excess liability insurance. Certificates of Insurance. Prior to commencing any work or occupying the Licensed Area, the Licensee, and affiliated parties of Licensee, including but not limited to Licensee's employees, contractors, sub -contractors, successors or assigns (hereinafter referred to as Licensee's Affiliates), shall provide certificates of insurance to the City demonstrating that at the minimum coverages required herein are in effect. Licensee and/or Licensee's Agents agrees that the required coverages will not be reduced, canceled, non -renewed or materially changed without thirty (30) days prior written notice to the City. Licensee's certificates of insurance must be kept in force throughout the duration of this Agreement. Licensee's Affiliates must keep certificates or insurance in force throughout any term of occupancy within the Licensed Area. If any of Licensee's or Licensee's Affiliates insurance coverage is renewed at any time during the term of this Agreement, the Licensee or Licensee's Affiliates shall be responsible for obtaining updated insurance certificates and forwarding the replacement certificates to the City within ten (10) days of the expiration date of any previously delivered certificate. Page 7 of 12 The minimum A.M. Best rating of each primary insurer shall be A- X and the minimum A.M. Best rating of each excess insurer shall be A- VHI. The Licensee and/or Licensee's Affiliates shall provide copies of insurance policies to the City's Risk Manager upon request. Any of the minimum limits of insurance set out herein may be raised or lowered in response to a significant change in activities on the premise. Licensee shall notify the City of any significant change in activities within five (5) days of determining such a significant change is necessary for its operations. Within ten (10) days of notice, Risk Manager for the City of Aurora will notify Licensee of the proposed adjusted limits of insurance. If the Amendment would significantly increase the City's risk exposure as the property owner, Licensee will adjust the limits of insurance proposed by the Risk Manager if they are no more than 10% higher than the limits set herein. In the event the proposed insurance limits proposed by the Risk Manager are more than 10% higher than the limits set herein, Licensee and City will negotiate in good faith to set mutually agreeable insurance limits which are protective of the City's risk exposure. The Licensee's and/or Licensee's Affiliates policy(ies) will be primary and non-contributory with respect to any and all self- insurance or insurance policies purchased by the additional insured. 22. INDEMNIFICATION A. General Indemnification. Licensee shall indemnify, defend and hold the City, its officers, officials, boards, commissions, agents and employees, harmless from any action or claim for injury, damage, loss, liability, cost or expense, including court and appeal costs and reasonable attorneys' fees or reasonable expenses, arising from any casualty or accident to Person or property, including, without limitation, patent infringement, defamation, and all other damages in any way arising out of, or by reason of, Licensee's use of its Conveyor, and any construction, excavation, operation, maintenance, reconstruction, or any other act or inaction, by or for, Licensee_ its agents, or its employees, or by reason of any neglect or omission of Licensee in connection with the Licensed Area. The Licensee shall consult and cooperate with the City while conducting its defense of the City. B. Nothing herein is intended to be or shall be construed to be a waiver of the City's governmental immunity under C.R.S. Section 24-10-101, et seq, as amended. 23. EXPENSES TO BE BORNE BY LICENSEE All work authorized by this Agreement shall be performed by the Licensee at no expense to the City and, except as otherwise set forth herein, Licensee shall own and maintain the installation of the Licensee's Facilities thereafter. 24. NO WARRANTY OF I11'LE The rights and privileges granted in this Agreement are subject to prior agreements, licenses and conveyances, recorded or unrecorded, and it shall be the Licensee's sole responsibility to determine the existence of any rights, uses or installations conflicting with the Licensee's use of the Licensed Area or any other City property hereunder and to resolve any conflict resulting from Licensee's use and occupancy of the Licensed Area. 25. REVOCATION AND REMOVAL Page 8 of 12 If Licensee does not use the right herein granted on Licensee's Facilities within a period of one (1) year from the date Adams County issues Licensee's permit, if Licensee suspends its use of the rights herein granted for a period of one year or more, if the contemplated ARPSA is terminated by the Licensee, or if Licensee shall at any time fail or refuse to comply with or carry out any of the conditions of this Agreement, the City may, at its sole election, revoke this Agreement forthwith by providing thirty (30) day's written Notice to Terminate this Agreement in person or by mail at either Licensee's address defined in Paragraph 31 below, or Licensee's last -known address if different that Paragraph 31 below. Upon termination of the Agreement, the Licensee shall have ninety (90) days to remove its installation from the City's property. In the event Licensee does not remove said installation within the time allowed, the City may remove said installation at Licensee's expense without liability to Licensee. If the City at any time during the term of this Agreement deems it necessary to excavate in the Licensed Area or any other City property for construction, modification, replacement, repair, operation of, or maintenance of City Facilities, to include its public appurtenances, utility lines, mains or facilities, which work requires the moving of the Licensee's Facilities, such costs of movement of the Licensee's Facilities shall be borne by the Licensee. The City shall provide ninety (90) days notice prior to moving any of the Licensee's Facilities. 26. ABANDONMENT AND TERMINATION Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate, but its obligation to indemnify and save harmless the City, its officers, employees and agents, shall not terminate in any event. The Parties are currently negotiating an Amended and Restated Purchase and Sale Agreement for Storage Cells to be constructed on the Tucson South Parcel. If that agreement or the project is terminated, this Agreement will terminate concurrently. 27. ASSIGNMENT The rights granted Licensee hereunder may not be assigned without the written consent of the City. 28. FEES The base fee for this Agreement includes a one-time payment of $2,419.00 per the City's Fee Schedule. 29. SPECIAL CONDITIONS This Agreement is subject to the foregoing conditions and to the following special conditions: Prior to the commencement of construction within the Licensed Area, a pre -construction meeting with Aurora Water is required. Please contact the City at (720) 859-4318 to coordinate the pre -construction meeting. 30. PARAGRAPH HEADINGS Page 9 of 12 The headings of the paragraphs of this Agreement are inserted solely for convenience of reference and are not a part of and are not intended to govern, limit or aid in the construction of any term or provision hereof. 31. NOTICE Wherever herein notice is required to be given to any party hereto, such notice shall be given via Certified Mail or by personal hand delivery addressed as follows: To the City: City of Aurora Real Property Services Manager 15151 E. Alameda Pkwy. Suite 3200 Aurora, CO 80012 32. RECORDATION To the Licensee: Aggregate Industries-WCR, Inc. c/o: Christine Felz I Land and Environment Manager 1687 Cole Boulevard, Suite 300, Golden, Colorado 80401 Following execution of this Agreement by both parties hereto, the City shall not cause this Agreement to be recorded with the County Clerk and Recorder's Office in Adams County, Colorado, as this Agreement expires December 31, 2030. [SIGNATURES APPEARING ON FOLLOWING PAGES] Page 10 of 12 IN WITNESS WHEREOF, this instrument has been executed as of the day and year first above written. APPROVED: CITY OF AURORA, COLORADO, a municipal corporation in the counties of Adams, Arapahoe and Douglas Jir . ,..t_ By:t Marshall P. Brown, General Manager Aurora Water Reviewed by: Reviewed by: At8A'7H4 ?vi. Alexandra ! Davis (Dec 17, 2020 16:58 MST) Dec 18, 2020 Dec 17, 2020 pi(ecta., ..ergess Dec 15, 2020 Alexandra L. Davis, Deputy Director Hector Reynoso, Manager- Real Property Aurora Water APPROVED AS TO FORM: Reviewed by: Michelle Gardner Dec 15, 2020 ,&. S44 / Medd, Dec 15, 2020 Michelle Gardner, Sr. Asst. City Attorney Renee Pettinato Mosely, Risk Management Page 11 of 12 ACCEPTANCE The undersigned, duly authorized on behalf of Agvrcg.rte (ndostrle+-«(Yt Ind has read the foregoing Agreement and agrees for and on bchalfofsaid =1zgrce uelndu•tries- t t It frr , that it will accept and will abide by all of the terms and conditions thereof: LICENSEE By: W. Chance Allen Print Name BY = Signature TITLE: Regional General Manager STATE OF COLORADO c !SS County of J� }2rSt ri t The lbregoing instrument was .ubs ribed and altirnic t before me Mi. kl12t1 YL Y . 2020, by 4l ) $ ''(Ct i ES 11-[1:,1 . t'` { t c V'� :.. Witness my hand and official seal. My commission expiry. I` l 0:.t I+Lard Puhh� Page 12 of 12 i day of !''alto) tY SARAn GREGA NOTARYPUBUC STATE O COLORALX NOTARY ID 20 Iwo r75r MY G(M IM,S1ON EXPIRES FEBRUARY 2 POINT OF TERMINOUS NO2'04' 13"W 32.67Ft. Yn to In APPROXIMATE TOP OF SLOPE NW1/4, SEC. 1, T1 S, R67W NNN ILLUSTRATION FOR EXHIBIT A S 1/4 COR. SEC. 36, T1N. R67W, 6TH P.M. END. #4 REBAR WITH 3 1/4" ALUM. CAP LS#7242, IN MONU. BOX E 168TH ST SE1/4, SEC. 36, T1 N, R67W CRISTOFER MUHLER N WELD COUNTY (WCR 2) C) N1/4 COR. SEC. 1 FOUND BERNSTEN TYPE A-1 PIPE WJ 3-1/4" ALUM. CAP MKD. "LS 16837 1993" IN MONUMENT BOX EDGE 25 FOOT RIGHT OF WAY 12.50' APEX MATERIAL SPECIALISTS, LLC 25 FOOT EASEMENT REC. NO. 20050124000078400 PARCEL 2 ALSO RECORDED AS REC. NO. 2013000052166, BOOK 2013 CENTERLINE APPROXIMATE TOP OF SLOPE NW1/4, /4, SEC. 1 68.20' I-12150 ' 25.00' Y APPROXIMATE TOP OF SLOPE I W 6.02' -ii--E w CID E-+ z O DO U D E-4 i ADAMS COUNTY NE1/4, SEC. , T1S, R67W OPERTY E UN BEARINGS ARE BASED ON THE EAST LINE OF THE NW 1/4 OF SECTION 1,T1S, R67W, 6TH P.M., BEING NO0'06'37"W. This drawing does not represent a monumented survey. It is intended only to depict the attached legal description. CITY OF AURORA, COLORADO DRAWN BY: K. THULLEN SCALE: NONE R.O.W. FILE NUMBER CHECKED BY: GATE: 13 AUG 2020 JOB NUMBER: AN EASEMENT FOR A CONVEYOR ROW SITUATED IN THE NW 1/4 OF SECTION 1, T1S, R67W OF THE 6th P.M., CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO, A PARCEL OF LAND AS RECORDED AT RECEPTION NO.2013000052166, BOOK 2013 AT ADAMS COUNTY. ILLUSTRATION FOR EXHIBIT 40 APPROXIMATE TOP OF SLOPE N W1 /4, SEC. 1 20.10' J L_ 100 FOOT QUIT CLAIM DEED OF RIGHT OF WAY OF THE ABANDONED BOULDER BRANCH OF THE UNION PACIFIC RAILROAD COMPANY BOOK 1340, PAGE 479 EDGE 25 FOOT RIGHT OF WAY APEX MATERIAL 12.50' SPECIALISTS, LLC REC. NO. 2005012000079330 PARCEL 1 25.00'-I ALSO RECORDED AS REC. NO. 2013000052166, BOOK 2013 4.87 APPROXIMATE TOP OF SLOPE CENTERLINE 25 FOOT EASEMENT N W1 /4, SEC. 1 12)50' 8.20', 'ihI PROPERTY LINE E--1 W MARILYN A. KENT - - TUCSON BEARINGS ARE BASED ON THE EAST LINE OF THE NW 1/4 OF SECTION 1,T1S, R67W, 6TH P.M., BEING N00'06'37"W. This drawing does not represent a monumented survey. It is intended only to depict the attached legal description, CITY OF AURORA, COLORADO DRAWN BY: K. THULLEN SCALE: NONE R.O.W. FILE NUMBER CHECKED BY: DATE: 13 AUG 2020 JOB NUMBER: AN EASEMENT FOR A CONVEYOR ROW SITUATED IN THE NW 1/4 OF SECTION 1, T1S, R67W OF THE 6th P.M., CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO, A PARCEL OF LAND AS RECORDED AT RECEPTION NO.2013000052166, BOOK 2013 AT ADAMS COUNTY. ILLUSTRATION FOR EXHIBIT A EDGE 25 FOOT RIGHT OF WAY APEX MATERIAL 12.50' SPECIALISTS, LLC REC. NO. 2005012000079330 PARCEL 1 ALSO RECORDED AS REC. NO. 2013000052166, BOOK 2013 APPROXIMATE TOP OF SLOPE L 12.50' 18.20' 25.00 - -II� PROPERTY UNE 4.87' -I W P4 MARILYN A. E KENT CENTERUNE 25 FOOT EASEMENT N W1 /4, SEC. 1 POINT OF BEGINNING 0 U Cam+ JL -1 I - C1 /4 COR. SEC. 1 FOUND BERNSTEN TYPE A-1 PIPE W/ 3-1/4" ALUM. CAP MKD. LS 16837 1993" IN MONUMENT BOX 388 38'48'M 838.62ft NB9'51'47"W 68.20ft POINT OF COMENCEMENT BEARINGS ARE BASED ON THE EAST LINE OF THE NW 1/4 OF SECTION 1,T1S, R67W, 6TH P.M., BEING NOO'06'37"W. This drawing does not represent a monumented survey. It is intended only to depict the attached legal description. CITY OF AURORA. COLORADO DRAWN BY: K. THULLEN SCALE: NONE R.D.W. FILE NUMBER CHECKED BY: DATE: 13 AUG 2020 JOB NUMBER: AN EASEMENT FOR A CONVEYOR ROW SITUATED IN THE NW 1/4 OF SECTION 1, T1S, R67W OF THE 6th P.M., CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO, A PARCEL OF LAND AS RECORDED AT RECEPTION NO.2013000052166, BOOK 2013 AT ADAMS COUNTY. EXHIB IT B CONCEPTUAL. CONVEYOR DESIGN Al Conveyor License Agreement FINAL Final Audit Report 2020-12-18 Created: 2020-12-15 By: Lyle Whitney (gwhitney©auroragov.org) Status: Signed Transaction ID: CBJCHBCAABAAxF71E1HCMXgRkTD7U216gBNOdJSGWWe3 "Al Conveyor License Agreement FINAL" History LJ Document created by Lyle Whitney (gwhitney@auroragov.org) 2020-12-15 - 9:04:36 PM GMT- IP address: 73.203.112.75 2-. Document emailed to Renee Pettinato Mosley (rpettina@auroragov.org) for signature 2020-12-15 - 9:07:57 PM GMT .5 Email viewed by Renee Pettinato Mosley (rpettina@auroragov.org) 2020-12-15 - 9;13:18 PM GMT- IP address: 63.149.121.82 4 Document e -signed by Renee Pettinato Mosley (rpettina@auroragov.org) Signature Date: 2020-12-15 -10:10:47 PM GMT - Time Source: server- IP address: 63.149.121.82 'El Document emailed to Michelle Gardner (mgardner@auroragov.org) for signature 2020-12-15 -10:10:49 PM GMT e Email viewed by Michelle Gardner (mgardner@auroragov.org) 2020-12-15 -10:26:09 PM GMT- IP address: 73.229.244.202 4 Document e -signed by Michelle Gardner (mgardner@auroragov.org) Signature Date: 2020-12-15 -10:26:40 PM GMT - Time Source: server- IP address: 73.229.244.202 Cl Document emailed to Hector Reynoso (hreynoso@auroragov.org) for signature 2020-12-15 -10:26:43 PM GMT 5 Email viewed by Hector Reynoso (hreynoso@auroragov.org) 2020-12-15 -10:43:00 PM GMT- IP address: 172.58.59.95 4 Document e -signed by Hector Reynoso (hreynoso@auroragov.org) Signature Date: 2020-12-15 -10:43:17 PM GMT - Time Source: server- IP address: 172.58.59.95 P. Document emailed to Alexandra I. Davis (aldavis@auroragov.org) for signature 2020-12-15 -110:43:19 PM GMT FA Adobe Sign t Email viewed by Alexandra I. Davis (aldavis@auroragov.org) 2020-12-17 -11:56:40 PM GMT- IP address: 50.237.6.50 5j Document 6 -signed by Alexandra I. Davis (aldavis@auroragov.org) Signature Date: 2020-12-17 -11:58:12 PM GMT - Time Source: server- IP address: 50.237.6.50 E. Document emailed to Marshall Brown (mbrown@auroragov.org) for signature 2020-12-17 -11 :58:14 PM GMT t Email viewed by Marshall Brown (mbrown@auroragov.org) 2020-12-18 - 3:52:31 PM GMT- IP address: 3.218.167.27 4 Document 6 -signed by Marshall Brown (mbrown@auroragov.org) Signature Date: 2020-12-18 - 3:52:50 PM GMT - Time Source: server- P address:184.96.174.188 el Agreement completed. 2020-12-18 - 3;52:50 PM GMT Adobe Sign LICENSE AGREEMENT THIS LICENSE AGREEMENT (this "Agreement"), made and entered into this /S" day of y�Ce,r,j t,- , 2020 (the "Effective Date"), by and between Sakata Fanns Inc. and Aggregate Industries WCR, a Colorado Corporation ("Licensee"). WITNESSETH: WHEREAS, Yoshi and Suzu LLLP own a certain 7934 acre tract located at the SW4 of Section 36, TIN R67E Weld County, State of Colorado, more particularly identified in a description and/or sketch attached as Exhibit A (the "Property"); and have leased this sr4bject property to Sakata Farms Inc. (Sakata). Sakata Farms as Lessee affirms that it is in good standing with the subject Lease and is authorized to enter into this License Agreement as set forth below. WHEREAS, Licensee is desirous of utilizing an area measuring approximately 50 feet x 2580 feet of said', tract to install and operate a temporary overland conveyor belt which will traverse the Property in North- South direction along the East perimeter of the Property (see Exhibit B and Exhibit D). Included within this fifty (50) foot width is required 35' setback area from the West edge Weld County Road 23 %2 as more specifically shown in Exhibit C of this agreement. Hereinafter this area totaling 3.0 acres shall be referred to as the "Licensed Area". NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the premises and the mutual covenants and agreements', hereinafter set forth, the parties, for themselves, their successors, assigns, heirs, executors and/or administrators, agree and intend to be legally bound as follows: 1. The Term of this License Agreement shall commence on the firSt day of construction of the belt conveyor and shall apply through removal and reclamation. The Licensee shall have an additional four (4) month "wind down" period after shutdown to remove the conveyor belt and restore the Licensed area to the specifications f Sakata. 2. The use of the Licensed Area by the Licensee shall be limited to the construction, installation, removal, inspection, operation, and maintenance *f a S&G conveyor belt. No other uses or rights without the express written consent of Sakata are granted herein. The conveyor shall be approximately 5 feet wide and 4-5 feet ove ground level apart from driveway crossings which will be either elevated or below g4ade to facilitate ongoing driveway access. 3. The Licensee's use of the Licensed area as outlined in item 2 above, shall be conducted in a way so as not interfere with the superior rights of Sakatai to use and enjoy their property and conduct agricultural activities on the Premises. Crop damages or other losses shall be reimbursed within net 90 days of written notice. 4. Operation of the conveyor belt within the Licensed Area will be limited to Monday — Saturday from 7a.m. to ?.pm, closed Sunday. The conveyor belt shall be operated at all times in good order and shall not create excess noise (beyond those associated with normal operation of a well -maintained conveyor belt) or nuisance conditions that impact Sakata or adjacent land owners. In the event of any bona -fide noise or the Licensee shall conduct immediate review of the basis of excessive noise or environmental is deemed to exist, shall t rvironmental compliant, e complaint and, if any e immediate corrective actions by providing sound attenuation devices to dampen audible noise, or such other actions necessary to abate the basis of the complaint. 5. The Licensee shall submit a construction and installation plan td Sakata for approval no less than two (2) months prior to commencing installation of the Conveyor belt. The plan 2 shall provide a schedule of key dates, diagrams, activity, and shad be developed to avoid all conflicts with Sakata operations. The parties agree that operation and maintenance of the conveyor within the Licensed Area in the manner identified Within paragraph 2 shall not be deemed to conflict with Sakata operations. The plan shall also include the relocation of the pond, pump, and piping at the SE corner of the site West toward the Brighton Ditch. Such plan shall also be developed to conserve all topsoil. 6. The Licensee shall submit a post installation operational plan fozi approval by Sakata that indicates the periodic maintenance schedule developed to avoid all conflicts with Sakata operations. This plan shall outline all items, equipment, and periodic maintenance { vehicles that may operate inside the Licensed Area. 7. Licensee shall pay for all costs and expenses associated with the relocation of the pond, pump, and piping in the SE corner of the site to a new location asapproved by Sakata and or the Brighton Ditch Company. Such relocations shalt be completed before commencement of conveyor construction and in place prior to April 1 in the year of installation in order to minimize impacts to irrigation. Relocations after this date, shall require the approval of Sakata. In addition, Licensee shall be responsible for upgrading the Northeast corner of the property which will include clearing and entail removing vegetative cover, fills, and compaction such that the area is flat and usable for equipment parking and staging. 8. Licensee shall be solely responsible for, and this Agreement j is contingent upon the Licensee obtaining, all necessary governmental approvals an permits related to the conveyor and nearby Tucson South resource site. This Agreement will expire two (2) years after execution if construction of the belt conveyor has not started, unless otherwise 3 approved and extended by Sakata pursuant to Condition 5. Not withstanding the above, the Licensee may terminate this agreement prior to construction it its sole discretion if it is determined the conveyor belt installation is not feasible. 9. Licensee shall at all times comply with all state, local, and federal environmental, health, and safety regulations and permit conditions. Licensee shall alsoat all times comply with reasonable recommendations and requests made by Sakata for corrective actions related to Licensee's operations on the Licensed Area including weed icontrol. It shall be the License's responsibility to maintain the area East of the conveyor adjacent to CR23.5 and install any required safety fencing or barriers in consultation with{ Weld County. All such permits and approvals (as applicable) shall be provided to Sala in a timely manner following procurement. 10. Licensee shall indemnify and hold harmless Sakata from and against any and all losses, demands, actual and direct damages, costs, suits, expenses (including reasonable attorneys' fees and costs), penalties and any other liabilities which arise out of, or concern Licensee's breach of this Agreement, the operations of Licensee or its use, occupancy or possession of the Licensed Area, or concern the operation of any contract or subcontract made by Licensee incident to this Agreement. 11. Licensee shall carry general liability insurance, including property damage, against liability for bodily injury, personal injury, death and damage to property with a combined single limit of at least One Million Dollars per occurrence land general aggregate I � combined single limit of bodily injury and property damage limit, of at least Two Million Dollars and shall include contractual liability, insuring Licensee performance of indemnification obligations contained in the agreement. 4 12. Licensee agrees to pay upon execution of this agreement a non-refundable pre -payment Y of $45,000 to be credited toward future rent payments. Thereafter, and subject to Condition 8 of this Agreement, Licensee shall pay monthly rent stn the amount of $4,500 per month due on the 28th day, beginning the month that conveyer belt construction commences. Rent shall increase annually at a rate of 2.5% and Shall be payable on 28th day of each calendar month. Any payment not received within 15 days of the due date will be assessed a 5% late penalty. Rent shall continue until the crunveyor belt is removed and reclamation is completed and verified by Sakata. 13. The Licensee shall have a four (4) month Wind Up period following the eight (8) year maximum operational period to remove the conveyor and restore:the Licensed Area to the Specifications of Sakata, which shall be consistent with the condition of the Licensed Area prior to construction of the conveyor unless otherwise agreed upon by the Licensee and Sakata. Any occupation of the Licensed Area beyond the Wind up period shall be assessed monthly rent in the amount of $10,000 per month and shall be considered Tenancy in Sufferance and subject to all nnrnedies under Colorado Law. 14. Sakata shall have no obligation to maintain the Premises or to make repairs, replacements, alterations or improvements in or to the same, or to provide watchmen or other security services to Licensee. Sakata makes no representations or warranty about the existing conditions of the Site and its suitability for use by the Licensee. Licensed Area is accepted as is and where is. Sakata shall have no obligation to provide Water, electricity, gas or other utility or sewer services or facilities to Licensee. Licenseelshall be responsible for trucking in water and installation of electricity as needed to p+wer the belt. No other utilities are required or expected. Any trash or clean-up will be a pack in pack out activity. 5 15. the event of Default of any material term in this agreement/ written notice shall be rovided. If the Default is not cured or good faith efforts are nt underway to cure the Default within 90 days from the subject notice, this Agreement nay be terminated by the non -defaulting party. 16. If any party breaches this Agreement, the breaching party shall p all of the non - breaching party's reasonable attorneys' fees and costs in enforcing this agreement whether or not legal proceedings are instituted. 17. Notice hereunder mailed to Sakata shall be addressed to: Sakata Farms 384 E Bromley 2 O . ice. os �'08 iBrighton, Colorado, 80601 Attention: Robert (RT) Sakata and notice mailed to Licensee shall be addressed to Aggregate Industries WCR to Aggregate Industries WCR 1687 Cole Blvd, Suite 300 Golden Colorado 80401 Attn: Land Manager 6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and delivered for and in their names by their duly authorized officers, all as of the day and year first above written. Sakata Farms (Licensor) By: O er Printed Name: `tZ&12Ar_ - T ..1Lic . • Title: p tv,.e,' LICENSEE: Aggregate Industries WCR By: Printed N Title: 7 Exhibit A Description of the Property County: Weld, CO Municipal: Fort Lupton Place: Todd Creek Parcel Id: 146936300045 t" Zip Code: 80603 Owner: YOSHI AND SUZU LLLP Acreage: 79.34 (deeded), 7934 (calculated) 8 Exhibit B Description of the Licensed Area (50 x 2579.59) (1 of 2) EXHIBIT A FOR A LICENSED AREA LOCATED IN THE SOUTHWEST QUARTER OF SECTION 36, TIRANNGE 67 NORTH, ES H' 'OF THE 6TH P.M. COUTNY OF WELD STATE OF COLORADO. SAKATA FARMS PARTNERSHIP PARCEL NO. 146936000007 300 134 W. t Edon a[ SA' L s+sece Arsa CENTER PROPOSED Liiensea Area AS IT EX t1/2 0 I POINT OF N BEGINNING MIME No: RICHT THIS ILLUSTRATION DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION NO2 04' 13'tt_y all t14 ft 9 SUBDIVISION EXEMPTION NO. 656 BK. 1638. P. 482 18 DEC 1997 RECORDED EXEMPTION NO. 1469-36-4 RE4290 REC. NO. 3393257 02 JUNE 2006 RENT OF WAY let 23 4f2 AS R EXISTS POINT OF COMMENCEMENT s t /4 COR. Sec. ',36. ALUM, C 42, IN Exhibit B Description of the Licensed Area 2 of 2 ICI EXHIBIT A FOR A LICENSED AREA LOCATED IN THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M, COUTNY OF WELD STATE OF COLORADO. SAKATA FARMS PARTNERSHIP PARCEL NO. 146936000007 Liced Area 23 tf2 POINT OF BEGINNING flaunt sEt T wont OF NAY S ILLUSTRATION DOES NOT REPREI;ENT A MONUYENTED SURVEY. IT IS INTENDED ONLY 10 DEPICT TIM ATTACHED DESCRIPTION -----NO2 04'.33'W 3O.O1ft . R 2) SUBDIVISION EXEMPTION NO. 656 BK. 1638, P. 482 16 DEC 1997 RECORDED EXEMPTION NO. 1469-36-4 RE4REC. 2 O. 3393257 02 JUNE 2006 2 POINT OF MMENCEMENT t/! COR. SCC. 34, elk PM, WC CAP IN Wm- d Exhibit C 50' Licensed Area Cross Section Cross Section 50 Foot Width Licensed Area Outermost Irrigation Pivot Required etback Area 20' Minimum' Exhibit -ED Overview of 2580' Conveyor Path -- Sakata Farms 100' Tunnel Clearance Allowed on North and South Ends See Cross Section Exhibit C for Setbacks LICENSE AGREEMENT THIS LICENSE AGREEMENT (this "Agreement"), made and entered into this 'Q day of t•yk„te„nk - , 2020 (the "Effective Date"), by and between Dorothy Struck and James Struck, herein after "Strucks", and Aggregate Industries WCR, a Colorado Corporation ("Licensee"). WITNESSETH: WHEREAS, the Strucks own a certain 37.41 acre tract located at the E2SW4 of T36S RI E Weld County, State of Colorado, more particularly identified in a description and/or sketch attached as Exhibit A (the "Property"); and WHEREAS, Licensee is desirous of utilizing an area measuring approximately 50 feet x 955 feet of said tract to install and operate a temporary overland conveyor belt which will traverse the Property in North- South direction along the East perimeter of the Property. Included within this fifty (50) foot width is a setback area from the West edge Weld County Road 23 V2 as more specifically shown in Exhibit B of this agreement. Hereinafter this area totaling approximately 1.1 acres shall be referred to as the "Licensed Area". NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the premises and the mutual covenants and agreements hereinafter set forth, the parties, for themselves, their successors, assigns, heirs, executors and/or administrators, agree and intend to be legally bound as follows: 1. The Term of this License Agreement shall be limited to eight (8) years and shall commence on the first day of operation of the belt conveyor. The Licensee shall have an additional four (4) months thereafter to remove the conveyor belt and restore the Licensed area to the specifications of Strucks. 2. The use of the Licensed Area by the Licensee shall be limited to the construction, installation, removal, inspection, use, operation, and maintenance of a S&G conveyor belt and its associated periodic maintenance. No other uses or rights without the express written consent of Strucks are granted herein. The conveyor shall be approximately 5 feet wide and 4-5 feet above ground level apart from driveway crossings which will be elevated or below grade to facilitate ongoing driveway access. 3. The Licensee's use of the Licensed area for conveyor belt operation shall be conducted in a way so as not interfere with the superior rights of Strucks to use and enjoy their property. 4. Operation of the conveyor belt within the Licensed Area will be limited to Monday — Saturday from 7a.m. to 7.pm, closed Sunday. The conveyor belt shall be operated at all times in good order and shall not create excess noise (beyond those associated with normal operation of a well -maintained conveyor belt) or nuisance conditions that impact Strucks or adjacent land owners. In the event of any bona -fide noise or environmental compliant, the Licensee shall conduct immediate review of the basis of the complaint and, if any excessive noise or environmental is deemed to exist, shall take immediate corrective actions by providing sound attenuation devices to dampen audible noise, or such other actions necessary to abate the basis of the complaint. 5. The Licensee shall submit a construction and installation plan to Strucks for approval prior to commencing installation of the conveyor belt. The plan shall provide a schedule of key dates, diagrams, activity, and shall be developed to avoid all conflicts with Strucks' use of their property. The parties agree that operation and maintenance of the conveyor within the Licensed Area in the manner identified within paragraph 2 shall not be deemed to conflict with Strucks' use of their property. 6. The Licensee shall submit a post installation operational plan for approval that indicates the periodic maintenance schedule developed to avoid all conflicts with Strucks' activities on their property. Strucks shall not unreasonably withhold approval of the plan. Such plan shall outline all items, equipment, and periodic maintenance vehicles that may operate inside the Licensed Area. 7. Licensee shall be solely responsible for, and this Agreement is contingent upon the Licensee obtaining, all necessary governmental approvals and permits related to the conveyor and nearby Tuscon South resource site. This Agreement will expire two (2) years after execution if construction of the belt conveyor has not started, unless otherwise approved and extended by Strucks pursuant to Condition 5. Licensee shall also have the right to terminate this agreement. upon sixty (60) day notice. if at its sole discretion construction or operation of the conveyor is deemed to be infeasible. 8. Licensee shall at all times comply with all state, local, and federal environmental, health, and safety regulations and permit conditions. Licensee shall also at all times comply with reasonable recommendations and requests made by Strucks for corrective actions related to Licensee's operations on the Licensed Area. All such permits and approvals (as applicable) shall be provided to Strucks in a timely manner following procurement. 9. Licensee shall indemnify and hold harmless Strucks from and against any and all losses, demands, actual and direct damages, costs, suits, expenses (including reasonable attorneys' fees and costs), penalties and any other liabilities which arise out of, or concern Licensee's breach of this Agreement, the operations of Licensee or its use, occupancy or possession of the Licensed Area, or concern the operation of any contract or subcontract made by Licensee incident to this Agreement. 10. Licensee agrees to pay upon execution of this agreement a non-refundable pre -payment of $9,000 to be credited toward the first two months of rent. Thereafter, and subject to Condition 8 of this Agreement, Licensee shall pay monthly rent in the amount of $4,500 per month due on the 28th day, beginning the month that conveyer belt construction commences. Rent shall increase annually at a rate of 2.5% and shall be payable on 28th day of each calendar month. Any payment not received within 15 days of the due date will be assessed a 5% late penalty. 11. The Licensee shall have a four (4) month Wind Up period following the eight (8) year maximum operational period to remove the conveyor and restore the Licensed Area to the Specifications of Strucks which shall be consistent with the condition of the Licensed Area prior to construction of the conveyor. Any occupation of the Licensed Area beyond the Wind up period shall be assessed monthly rent in the amount of $10,000 per month and shall be considered Tenancy in Sufferance and subject to all remedies under Colorado Law. 12. Strucks shall have no obligation to maintain the Premises or to make repairs, replacements, alterations or improvements in or to the same, or to provide watchmen or other security services to Licensee. Strucks makes no representations or warranty about the existing conditions of the Site and its suitability for use by the Licensee. Licensed Area is accepted as is and where is. Strucks shall have no obligation to provide water, electricity, gas or other utility or sewer services or facilities to Licensee. Licensee shall be responsible for trucking in water and installation of electricity as needed to power the belt. No other utilities are required or expected. Any trash or clean-up will be a pack in pack out activity. 13. In the event of Default of any material term in this agreement, written notice shall be provided. If the Default is not cured or good faith efforts are not underway to cure the Default within 90 days from the subject notice, this Agreement may be terminated by the non -defaulting party. 14_ Notice hereunder mailed to Struck shall be addressed to: Dorothy and James Struck 507 County Road 23 V2 Brighton, Colorado, 80601 and notice mailed to Licensee shall be addressed to Aggregate Industries WCR to Aggregate Industries WCR 1687 Cole Blvd, Suite 300 Golden Colorado 80401 Attn: Land Manager IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and delivered for and in their names by their duly authorized officers, all as of the day and year first above written. Dorothy Struck (Land Owner) By: �_.. Printed N e:�, Title: '� 74 - James Struck (Land Owner) By: ( AVkAAA Print ame: 3'R rv1E 1 5 T11L K Title:.t,,,,,,� LICENSEE: Aggregate Industries WCR By: Printed Name: W. Chance Allen Title: Regional General Manager Exhibit A Description of the Property Weld County Assessor Parcel # 146936000041 Also known as: 507 County Road 23 '/2 Brighton, CO 80603 Exhibit B Description of the Licensed Area (see attached) SCR 23 3 /4 SUBDIVION EXEMPTION NO. 1469 -36 -2 -SE -771 RECEPTION NO 2744787, DAT D 01/17/2000 7.50 7.50 EDGE OF EASEMENT 20,00" POINT OF xL.©4 l TERMINOUS 43.00 CENTERLINE OF WELD COUNTY ROAD 23.5 AT ITS CURRENT LOCATION 15 FOOT WIDE EASEMENT FOR CONVEYOR CENTERLINE EASEMENT RECORDED EXEMPTION NO, 1469 -36 -2 —RE -2500 RECEPTION NO 2744786, DATED 01/17/2000 EDGE OF ROAD 43,0 S89'34'44'W 143.80 Ft. 300 150 0 POINT OF BEGINNING co (1' Ii T1tR E SE 1/4 of THE Nw 1/4 SEC 36, TIN, R67W DGE OF ROAD / PROPOSED 20 Ft oI SET RACK FROM RIGHT OF WAY 1 It EXHIBIT B FOR AN EASEMENT LOCATED IN THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M. COUTNY OF WELD STATE OF COLORADO. LOT B It Ovdrrig ",J.-+Ritk 4 ',F?°%^" • 1 1- WELD COUNTY ROAD 23.5 EDGE OF 61 FOOT ROW AS RECORDED AT 800K 176 PAGE 464 PROPOSED 20 FOOT SET BACK FROM RIGHT OF WAY /CENTER 1 4 COR. SEC. 36, TIN, R67 I, 6TH P.M. END, Z 1/2" ALUM. CAP LS1125937 THIS _ ILLUSTRATION DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION LICENSE AGREEMENT THIS LICENSE AGREEMENT (this "Agreement"), made and entered into this a day of ,file vt •M 4./H , 2020 (the "Effective Date"), by and between Toby Struck, herein after "Struck", and Aggregate Industries WCR, a Colorado Corporation ("Licensee"). WITNESSETH: WHEREAS, Struck owns a certain 3.56 acre tract located at the E2SW4 of T36S R I E Weld County, State of Colorado, more particularly identified in a description and/or sketch attached as Exhibit A (the "Property"); and WHEREAS, Licensee is desirous of utilizing an area measuring approximately 50 feet x 328 feet of said tract to install and operate a temporary overland conveyor belt which will traverse the Property in North- South direction along the East perimeter of the Property. Included within this fifty (50) foot width is a setback area from the West edge Weld County Road 23 '/2 as more specifically shown in Exhibit B of this agreement. Hereinafter this area totaling approximately 0.37 acres shall be referred to as the "Licensed Area". NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the premises and the mutual covenants and agreements hereinafter set forth, the parties, for themselves, their successors, assigns, heirs, executors and/or administrators, agree and intend to be legally bound as follows: 1. The Term of this License Agreement shall be limited to eight (8) years and shall commence on the first day of operation of the belt conveyor. The Licensee shall have an additional four (4) months thereafter to remove the conveyor belt and restore the Licensed area to the specifications of Struck. 2. The use of the Licensed Area by the Licensee shall be limited to the construction, installation, removal, inspection, use, operation, and maintenance of a S&G conveyor belt and its associated periodic maintenance. No other uses or rights without the express written consent of Struck are granted herein. The conveyor shall be approximately 5 feet wide and 4-5 feet above ground level apart from driveway crossings which will be elevated or below grade to facilitate ongoing driveway access. 3. The Licensee's use of the Licensed area for conveyor belt operation shall be conducted in a way so as not interfere with the superior rights of Struck to use and enjoy the property. 4. Operation of the conveyor belt within the Licensed Area will be limited to Monday — Saturday from 7a.m. to 7.pm, closed Sunday. The conveyor belt shall be operated at all times in good order and shall not create excess noise (beyond those associated with normal operation of a well -maintained conveyor belt) or nuisance conditions that impact Struck or adjacent land owners. In the event of any bona -fide noise or environmental compliant, the Licensee shall conduct immediate review of the basis of the complaint and, if any excessive noise or environmental is deemed to exist, shall take immediate corrective actions by providing sound attenuation devices to dampen audible noise, or such other actions necessary to abate the basis of the complaint. 5. The Licensee shall submit a construction and installation plan to Struck for approval prior to commencing installation of the conveyor belt. The plan shall provide a schedule of key dates, diagrams, activity, and shall be developed to avoid all conflicts with Struck's use of the property. The parties agree that operation and maintenance of the conveyor within the Licensed Area in the manner identified within paragraph 2 shall not be deemed to conflict with Struck's use of the property. 6. The Licensee shall submit a post installation operational plan for approval that indicates the periodic maintenance schedule developed to avoid all conflicts with Struck's activities on their property. Struck shall not unreasonably withhold approval of the plan. Such plan shall outline all items, equipment, and periodic maintenance vehicles that may operate inside the Licensed Area. 7. Licensee shall be solely responsible for, and this Agreement is contingent upon the Licensee obtaining, all necessary governmental approvals and permits related to the conveyor and nearby Tuscon South resource site. This Agreement will expire two (2) years after execution if construction of the belt conveyor has not started, unless otherwise approved and extended by Struck pursuant to Condition 5. Licensee shall also have the right to terminate this agreement, upon sixty (60) day notice, if at its sole discretion construction or operation of the conveyor is deemed to be infeasible. S. Licensee shall at all times comply with all state, local, and federal environmental, health, and safety regulations and permit conditions. Licensee shall also at all times comply with reasonable recommendations and requests made by Struck for corrective actions related to Licensee's operations on the Licensed Area. All such permits and approvals (as applicable) shall be provided to Struck in a timely manner following procurement. 9. Licensee shall indemnify and hold harmless Struck from and against any and all losses, demands, actual and direct damages, costs, suits, expenses (including reasonable attorneys' fees and costs), penalties and any other liabilities which arise out of, or concern Licensee's breach of this Agreement, the operations of Licensee or its use, occupancy or possession of the Licensed Area, or concern the operation of any contract or subcontract made by Licensee incident to this Agreement. 10. Licensee agrees to pay upon execution of this agreement a non-refundable pre -payment of $9,000 to be credited toward the first two months of rent. Thereafter, and subject to Condition 8 of this Agreement, Licensee shall pay monthly rent in the amount of $4,500 per month due on the 28th day, beginning the month that conveyer belt construction commences. Rent shall increase annually at a rate of 2.5% and shall be payable on 28th day of each calendar month. Any payment not received within 15 days of the due date will be assessed a 5% late penalty. 11. The Licensee shall have a four (4) month Wind Up period following the eight (8) year maximum operational period to remove the conveyor and restore the Licensed Area to the Specifications of Struck which shall be consistent with the condition of the Licensed Area prior to construction of the conveyor. Any occupation of the Licensed Area beyond the Wind up period shall be assessed monthly rent in the amount of $10,000 per month and shall be considered Tenancy in Sufferance and subject to all remedies under Colorado Law. 12. Struck shall have no obligation to maintain the Premises or to make repairs, replacements, alterations or improvements in or to the same, or to provide watchmen or other security services to Licensee. Struck makes no representations or warranty about the existing conditions of the Site and its suitability for use by the Licensee. Licensed Area is accepted as is and where is. Struck shall have no obligation to provide water, electricity, gas or other utility or sewer services or facilities to Licensee. Licensee shall be responsible for trucking in water and installation of electricity as needed to power the belt. No other utilities are required or expected. Any trash or clean-up will be a pack in pack out activity. 13. In the event of Default of any material term in this agreement, written notice shall be provided. If the Default is not cured or good, faith efforts are not underway to cure the Default within 90 days from the subject notice, this Agreement may be terminated by the non -defaulting party. 14. Notice hereunder mailed to Struck shall be addressed to: Toby Struck 527 County Road 23 '/2 Brighton, Colorado, 80601 and notice mailed to Licensee shall be addressed to Aggregate Industries WCR to Aggregate Industries WCR 1687 Cole Blvd, Suite 300 Golden Colorado 80401 Attn: Land Manager IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and delivered for and in their names by their duly authorized officers, all as of the day and year first above written. Toby Struck (Land Owner) By: LICENSEE: Printed Name: /649 _fie& c Title: n".' Pr Aggregate Industries WCR By: Printed Name: W. Chance Allen Title: Regional General Manager Exhibit A Description of the Property Weld County Assessor Parcel # 146936000042 Also known as: 527 County Road 23 %z Brighton, CO 80603 Exhibit B Description of the Licensed Area (see attached) RECORDED EXEMPTION NO. 1469 -36 -2 -RE -2500 RECEPTION NO 2744786, DATED 01/17/2000 EXHIBIT B FOR AN EASEMENT LOCATED IN THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M. COUTNY OF WELD STATE OF COLORADO. THIS ILLUSTRATION DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION EXHIBIT O - OWNERS OF RECORD OF AFFECTED LAND (SURFACE AREA) AND OWNERS OF SUBSTANCE TO BE MINED The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.15 of the Colorado Mined Land Reclamation Board Construction Material Rules and regulations: Owners of Surface Area and Owners of Substance to be mined Surface Owners: Aggregate I nd ustries-WCR 1687 Cole Blvd., Suite 300 Golden, CO 80401 City of Aurora 15151 East Alameda Parkway, Suite 3600 Aurora, CO 80012 Adams County c/c Department of Public Works 4955 E 47th Ave. Commerce City, CO 80022 Yoshi and Suzu, LLLP PO Box 508 Brighton, CO 80601 Dorothy and James Struck 507 County Road 23.5 Brighton, CO 80603 Toby Struck 527 County Road 23.5 Brighton, CO 80603 Weld County c/c Department of Public Works 1111 H St. Greeley, CO 80631 Owners of Substance to be Mined: Aggregate I nd ustries-WCR 1687 Cole Blvd., Suite 300 Golden, CO 80401 Aggregate Industries — Tucson South Amendment — MLRB 112 Permit Amendment Application Exhibit 0 -1 City of Aurora 15151 East Alameda Parkway, Suite 3600 Aurora, CO 80012 Aggregate Industries — Tucson South Amendment — MLRB 112 Permit Amendment Application Exhibit O - 2 EXHIBIT P - MUNICIPALITIES WITHIN Two MILES The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.16 of the Colorado Mined Land Reclamation Board Construction Material Rules and regulations: List any municipalities within two miles of the proposed mining operation and address of the general office: City of Brighton 500 S. 4th Ave. Brighton, CO 80601 City of Fort Lupton 130 South McKinley Ave. Fort Lupton, CO 80621 Aggregate Industries —Tucson South Amendment — MLRB 112 Permit Amendment Application Exhibit P -1 EXHIBIT S - PERMANENT MAN-MADE STRUCTURES The information provided in this Exhibit is intended to satisfy the requirements outlined in Section 6.4.19 of the Colorado Mined Land Reclamation Board Construction Material Rules and Regulations. The applicant, Aggregate Industries-WCR, Inc. believes the mining operation, as proposed, will not adversely affect any of the permanent man-made structures within 200 feet of the affected area. The recommended distance limits of the mining excavation are addressed in the Geotechnical Stability Exhibit. The Geotechnical stability was performed at the mine limits when mining was anticipated south of State Highway 7. The area south of Highway 7 will no longer be mined. In addition, Civil Resources performed another stability analysis where the proposed conveyor will be near the City of Aurora Challenger Reservoir. The purpose of the Civil Resources analysis was to evaluate stability of the Challenger clay liner when additional surcharge loads are placed during construction of the conveyor. Structures within 200 feet of the affected land shown on Exhibit C Pre -Mining Maps are listed below. STRUCTURE ID STRUCTURE DESCRIPTION OWNER STRUCTURES TO BE REMOVED OR ABANDONED A-1 FENCE CITY OF AURORA A-2 FENCES LOCATED ON PROPERTY AGGREGATE INDUSTRIES WCR. INC. A-3 WW -62 AGGREGATE INDUSTRIES WCR. INC. A-4 WW -10 AGGREGATE INDUSTRIES WCR. INC. A-5 PUMP HOUSE WELL & WATERLINE AGGREGATE INDUSTRIES WCR. INC. A-6 IRRIGATION DITCH AGGREGATE INDUSTRIES WCR. INC. A-7 IRRIGATION LATERALS AGGREGATE INDUSTRIES WCR. INC. A-8 IRRIGATION LATERALS AGGREGATE INDUSTRIES WCR. INC. A-9 WW -64 AGGREGATE INDUSTRIES WCR. INC. A-10 WW -38 AGGREGATE INDUSTRIES WCR. INC. A-11 OVERHEAD POWER POLES UNITED POWER, INC A-12 WW -12 AGGREGATE INDUSTRIES WCR. INC. A-13 WW -13 AGGREGATE INDUSTRIES WCR. INC. A-14 WW -14 AGGREGATE INDUSTRIES WCR. INC. A-15 WW -15 AGGREGATE INDUSTRIES WCR. INC. A-16 WW -63 AGGREGATE INDUSTRIES WCR. INC. A-17 WW -18 AGGREGATE INDUSTRIES WCR. INC. A-18 PRIVATE RESIDENCE AGGREGATE INDUSTRIES WCR. INC. B-1 OIL AND GAS FACILITY, WELL, APPURTENACES, AND FENCE GREAT WESTERN OPERATING COMPANY, LLC Aggregate Industries — Tucson South Amendment — MLRB 112 Permit Amendment Application Exhibit S -1 B-2 GAS LINE GREAT WESTERN OPERATING COMPANY, LLC STRUCTURE ID STRUCTURE DESCRIPTION OWNER STRUCTURES TO BE PRESERVED B-3 OVERHEAD ELECTRIC POWER POLES PUBLIC SERVICE COMPANY OF COLORADO B-4 OVERHEAD ELECTRIC POWER POLES PUBLIC SERVICE COMPANY OF COLORADO B-5 OVERHEAD ELECTRIC POWER POLES PUBLIC SERVICE COMPANY OF COLORADO B-6 ELECTRICAL SUBSTATION UNITED POWER, INC B-7 WATERLINE CITY OF AURORA B-8 NUMBER INTENTIONALLY NOT USED NA B-9 BRIGHTON DITCH BRIGHTON DITCH COMPANY B-10 NUMBER INTENTIONALLY NOT USED NA B-11 CHALLENGER RESERVOIR CITY OF AURORA B-12 NUMBER INTENTIONALLY NOT USED NA B-13 SHARED ACCESS KATHLEEN BLOOM, DELORES, APRIL, AND BRETT BAKER, CITY OF AURORA B-14 NUMBER INTENTIONALLY NOT USED NA B-15 NUMBER INTENTIONALLY NOT USED NA B-16 NUMBER INTENTIONALLY NOT USED NA B-17 GAS LINE XCEL B-18 UNDERGROUND ELECTRIC UNITED POWER, INC B-19 WATER LINE TODD CREEK FARMS METROPOLITAN DIST. NO. 1 B-20 FENCE COLORADO DEPT. OF TRANSPORTATION B-21 FENCE COLORADO DEPT. OF TRANSPORTATION B-22 STATE HIGHWAY 7 COLORADO DEPT. OF TRANSPORTATION B-23 GAS LINE XCEL B-24 TELEPHONE LINE CENTURY LINK B-25 TUCSON STREET ADAMS COUNTY B-26 GAS LINE XCEL B-27 WATER LINE TODD CREEK FARMS METROPOLITAN DIST. NO. 1 B-28 OVERHEAD ELECTRIC POWER POLES UNITED POWER, INC B-29 FENCE AGGREGATE INDUSTRIES WCR. INC. B-30 FENCE CITY OF AURORA B-31 TELEPHONE LINE CENTURY LINK B-32 OVERHEAD ELECTRIC POWER POLES UNITED POWER, INC B-33 OVERHEAD ELECTRIC POWER POLES UNITED POWER, INC B-34 UNDERGROUND ELECTRIC UNITED POWER, INC B-35 FENCE SAN MARTIN CABALLERO, LLC B-36 RIVERBANK STABILIZATION MILE HIGH FLOOD CONTROL DISTRICT B-37 RIVERBANK STABILIZATION MILE HIGH FLOOD CONTROL DISTRICT B-38 HIGHWAY 7 BRIDGE COLORADO DEPT. OF TRANSPORTATION B-39 THORNTON RESERVOIR CITY OF THORNTON Aggregate Industries — Tucson South Amendment — MLRB 112 Permit Amendment Application Exhibit S - 2 B-40 OVERHEAD ELECTRIC POWER POLES UNITED POWER, INC B-41 OVERHEAD ELECTRIC POWER POLES UNITED POWER, INC B-42 168TH STREET ADAMS COUNTY B-43 WATERLINE, PUMP HOUSE AND APPURTENANCES TODD CREEK FARMS METROPOLITAN DIST. NO. 1 B-44 GUARDRAIL COLORADO DEPT. OF TRANSPORTATION B-45 NUMBER INTENTIONALLY NOT USED NA B-46 UNDERGROUND ELECTRIC TODD CREEK FARMS METROPOLITAN DIST. NO. 1 B-47 PRIVATE RESIDENCE AND OUTBUILDINGS FERNANDO ARMANDO DE LA CRUZ BRECEDA B-48 PRIVATE RESIDENCE AND OUTBUILDINGS FERNANDO ARMANDO DE LA CRUZ BRECEDA B-49 OIL AND GAS FACILITY GREAT WESTERN OPERATING COMPANY B-50 ACCESS ROAD AGGREGATE INDUSTRIES WCR. INC. B-51 PRIVATE RESIDENCE AND OUTBUILDINGS CHRISTOPHER MULLER B-52 NUMBER INTENTIONALLY NOT USED NA B-53 FENCE CITY OF THORNTON B-54 GRAVEL ROAD CITY OF THORNTON B-55 GAS LINE XCEL B-56 TELEPHONE LINE CENTURY LINK B-57 TELEPHONE LINE CENTURY LINK B-58 WATER LINE MOUNTAIN VIEW WATER USERS B-59 GAS LINE WESTERN MIDSTREAM B-60 GAS LINE WESTERN MIDSTREAM B-61 PRIVATE RESIDENCE AND OUTBUILDINGS KYLE L STIDHAM B-62 FENCE CITY OF AURORA B-63 FENCE CITY OF AURORA B-64 OVERHEAD ELECTRIC POWER POLES UNITED POWER, INC B-65 WELD COUNTY ROAD 23.5 WELD COUNTY DEPT OF PUBLIC WORKS B-66 WATER LINE CITY OF AURORA B-67 TANK BATTERY PDQ ENERGY B-68 TANK BATTERY PDQ ENERGY B-69 OVERHEAD ELECTRIC POWER POLES UNITED POWER, INC B-70 PRIVATE RESIDENCE AND OUTBUILDINGS HALL IRWIN AGGREGATES LLC B-71 PRIVATE RESIDENCE AND OUTBUILDINGS JAIME MEJIA FRANCIA B-72 PRIVATE RESIDENCE AND OUTBUILDINGS TOBY L STRUCK B-73 TANK BATTERY SYNERGY ENERGY B-74 GRAVEL ROAD CITY OF WESTMINSTER C/O DIR. OF PUBLIC WRKS B-75 WELD COUNTY ROAD 2.75 WELD COUNTY DEPT OF PUBLIC WORKS Aggregate Industries — Tucson South Amendment — MLRB 112 Permit Amendment Application Exhibit S - 3 Geotechnical Stability Exhibit August 12, 2021 Ms. Kimberly Dennis Aggregate Industries-WCR 301 Centennial Drive Milliken, CO 80543 Re: Stability Analysis, Tucson South Amendment, Clay Liner at the Aurora Challenger Pond Dear Ms. Dennis: This letter has been prepared to address the Mined Land Reclamation Board (MLRB) Construction Materials Rule 6, Section 4, Subsection 19, Exhibit S - Permanent Man -Made Structures (6.4.19, Exhibit S) for the proposed Tucson South Amendment of the Tucson South Mine located in Weld and Adams Counties, Colorado. Previous analyses regarding structure offsets were performed by Tetra Tech (2019). The analyses performed herein address the stability of the clay liner constructed at the City of Aurora Challenger Reservoir. Specifically, the analyses address surcharge loads anticipated during construction and maintenance of the conveyor to be constructed along the Challenger Reservoir. The site is located south and west of the intersection of 168th Street and Tucson Street in Adams County, Colorado. More specifically, the mine is within part of Section 1, Township 1 South, Range 67 West of the 6th Principal Meridian. The site is approximately 2,600 feet west of the South Platte River. Land uses in the area include agricultural, oil and gas production, active gravel mines, gravel mines reclaimed as below grade reservoirs, and residential housing. The site will be mined in two cells referred to as West and East areas. A conveyor will transfer mine products from the mine to the Wattenberg Lakes Mine located approximately 1.5 miles north of the Tucson South Mine. The majority of the conveyor route passes along unmined, nearly flat land. However, part of the conveyor will be located near the top of the clay liner which was constructed at the below grade Challenger Reservoir. Review of the final grades of the reservoir, indicates the liner slopes approximately 3 horizontal to 1 vertical (3h:1v) and is approximately 30 feet in height. Based on the stability analyses discussed herein, the clay liner will be stable when subjected to the anticipated surcharge loads. GEOLOGY The Site is located approximately 25 miles east of the eastem flank of the Rocky Mountain Front Range. Younger sedimentary strata dip eastward off the Pre -Cambrian igneous and metamorphic rocks that form the core of the Front Range into the Denver Structural Basin. The Denver Basin is an asymmetrical downwarp of sedimentary strata with a steeply dipping west limb and a gently dipping east limb. Bedrock does not crop out at the site, however regional geologic mapping of the area (Trimble and Machette, 1979) indicates the near surface bedrock at the site is most likely the Denver Formation. Trimble and Machette (1979) describes the Denver Formation as claystone, siltstone, and sandstone. The regional mapping indicates the bedrock is overlain by the Post Piney Creek and Piney Creek Alluviums. Trimble and Machette (1979) describes these alluvial deposits as sandy to gravelly alluvium. GEOTECHNICAL CONDITIONS Based on the site investigations, the natural site stratigraphy generally consists of four main units: 1) Overburden generally consisting of sandy clay and clayey and silty sands; 2) sand and gravel alluvial deposits that underlie the overburden and overlie the bedrock; 3) a mud lens locally interbedded within the sand and gravel; and 4) bedrock usually consisting of claystone, sandy claystone with local areas of sandstone. These units are described in more detail Ms. Kimberly Dennis August 12, 2021 Page 2 below. Overburden Unit The overburden at the site typically ranges from sandy clay to clayey sand locally grading to silty sand. This unit ranges from approximately 0.5 to 6 feet in thickness. This unit is usually slightly moist to moist, very stiff to hard or medium dense to dense with the top 6 inches containing significant organics. Of the samples tested, the percent passing the No. 200 sieve ranged from 29.0% to 88.2%. Atterberg Limits testing resulted in Liquid Limits of 22 to 68 and Plasticity Indices of 4 to 47. Sand & Gravel Unit The sand and gravel is present throughout the site usually underlying the overburden and overlying the bedrock. Locally, this unit is present at the ground surface on the west part of the west cell. This unit typically consists of gravelly, fine to coarse grained sand locally grading to sandy gravel. Where gravels were encountered, the size was typically % to 3 inches. This unit is typically medium dense to dense but is also locally loose. This deposit ranges in thickness from approximately 8 feet to 50 feet. The sands are clean with fines content (silt and clay) generally considered to be on the order of approximately 2 to 6 percent. Local clay to clayey lenses were also logged within the deposit. Mud Lens Unit The mud lens typically ranges from fine silty sand to sandy clayey silt, to silty clay. This unit is most common west of Tucson Street but also is found on the east side of the street. It is commonly interbedded within the sand and gravel unit. Bedrock The bedrock encountered in the exploratory borings was generally weathered in the upper one to two feet typically becoming harder in unweathered zones. The bedrock consisted of sandy claystone locally grading to silty, fine to medium grained, sandstone with local claystone seams. For the claystone samples, the percent passing the 200 -sieve ranged from 51.7 to 95 percent. For the sandstone samples, the percent passing the minus No. 200 sieve ranges from approximately 11.4% to 29.2%. Groundwater Groundwater was encountered in all the borings at approximately 5 to 13 feet below ground surface at the time of drilling. The groundwater levels will vary seasonally and will typically rise during the irrigation season. Groundwater will be controlled with the proposed below grade slurry wall. After slurry wall construction, groundwater mounding is anticipated on the upgradient (west and south) side of the site, and a groundwater shadow (deeper water table) is anticipated on the downgradient (north and east) side the site. An underdrain has been designed around the west slurry wall to mitigate mounding and shadowing effects. STRUCTURES WITHIN 200 FEET OF MINED AEAS Structures within 200 feet of the mine limits are listed in Exhibit S of the DRMS Amendment. As mentioned above, stability analyses addressing off set from the mining were performed by Tetra Tech (2019) in the previous amendment. The purpose of this analysis is to evaluate the stability of the Challenger Reservoir clay liner with anticipated surcharge loads during construction and maintenance of the off -site conveyor. STABILITY ANALYSES Recently, Division of Reclamation and Mining Safety (DRMS) staff drafted a policy regarding stability analyses of neighboring structures. The draft summarizes adequate factors of safety (FOS) for non -critical and critical structures. The Challenger Reservoir Clay liner is considered a critical structure. Discussions with the author of the memo, Mr. Tim Cazier, indicate the FOS will be adopted by the Mined Land Reclamation Board (MLRB). The FOS are for both static and seismic (from an earthquake) stability analyses. For generalized strength assumptions and critical structures, a FOS of 1.5 is considered sufficient for static conditions and a FOS of 1.3 is considered suitable for seismic conditions. Ms. Kimberly Dennis August 12, 2021 Page 3 The stability of Challenger Clay Liner was analyzed on one (1) section considered to be the maximum section. The section was analyzed under anticipated loading conditions as discussed below. The computer program XSTABL was used for the analysis. The method for selecting the critical failure surface for each analyzed loading condition is the following. The Modified Bishop's Method of Analysis is used to find the critical failure surface by randomly searching with 20 termination points and 20 initiation points (400 failure circles) with 7 -foot line segments over the slope surface and at the structure in question to determine the lowest factor of safety. Both static stability under anticipated conditions and seismic stability under peak ground acceleration loads were performed. A maximum horizontal acceleration of 0.067g was used at the site. The cross-section location was selected and analyzed as described below. The section met adequate FOS as summarized below in Table 1. The section locations are shown on Figure 1. ► Challenger Clay Liner: This section is on the east side of the reservoir considers the tallest section adjacent to the conveyor. The stability analysis for this section assumes a mine highwall sloped at 0.5 horizontal to 1 vertical (0.5h:1v). The clay liver slopes 3h:1v. The overburden was modeled at 4 feet thick. The underlying sand and gravel was modeled at 26 feet thick with a 4 feet thick interlensed mud lens. One foot of residual strength bedrock was modeled over unweathered bedrock. A 3,000 psf surcharge was modeled at the top of the liner near the conveyor. MATERIAL PROPERTIES The material index and engineering strengths assumed in this slope stability report match those used in the Tetra Tech (2019) analyses and are discussed below. Overburden The strength properties for the in situ sandy clay to silty to clayey sand overburden were based on field testing data and on our engineering judgment; the following parameters have been used to model the overburden. Moist Unit Weight (pcf) Saturated Unit Weight (pct) Cohesion C' psf Friction Angle 4S' 114 126 50 28 Alluvial Sand and Gravel The sand and gravel is generally a medium to coarse -grained sand that is medium dense to dense and locally gravelly. The alluvial sand and gravel was modeled as follows: Moist Unit Weight (pct) Saturated Unit Weight (pct) Cohesion C' psf Friction Angle 0' 130 137 0 35 Mud Lens The strength properties for the mud lens was based on field testing data and on our engineering judgment; the following parameters have been used to model the overburden. Moist Unit Weight (pcf) Saturated Unit Weight (pct) Cohesion C' psf Friction Angle 0' 114 126 50 28 Ms. Kimberly Dennis August 12, 2021 Page 4 Bedrock Bedrock below the alluvium is predominately sandy claystone with local sandstone. Sandstone is typically stronger than claystone. Claystone is generally a weak bedrock. To be conservative, we modeled the bedrock as claystone. For the claystone bedrock, two potential strength conditions were considered. These strength conditions are referred to as: 1) peak strength, and 2) residual strength. Peak strength is the maximum shear strength the claystone bedrock exhibits. The shear strength is made up of both cohesion (diagenetic bonding) and intemal friction. Under short-term conditions for unsheared claystone, peak strength governs behavior. If a sheared surface or sheared zone is present within claystone as a result of faulting, slippage between beds due to folding, past shrink -swell behavior, stress relief, weathering, or from a landslide, the cohesion along the sheared surface is reduced to zero, and the angle of intemal friction is decreased, due to alignment of clay minerals parallel to the shear plane. Under these conditions a claystone exhibits its lowest strength known as residual strength. Residual strength bedrock occurs in discrete zones, parallel with the sheared surface or zone, whereas fully softened strength occurs over a broader area (not used in this modeling). Based on data from other recent projects and engineering judgment, the residual strength claystone was modeled in a one -foot -thick layer overlying the peak strength bedrock as follows: Moist Unit Weight (pct) Saturated Unit Weight (pct) Cohesion C' psf Friction Angle 0' Peak = 124 Residual = 124 Peak = 134 Residual =134 Peak = 100 Residual = 0 Peak = 28 Residual = 14 STABILITY ANALYSES RESULTS The factor of safety shown below in Table 1 is the minimum factor of safety of the conditions listed above. TABLE 1 - SLOPE STABILITY RESULTS AND SETBACKS Section Critical Structure Static Factor of Safety at Structure Seismic Factor of Safety at Structure (0.067g horizontal) DRMS Draft FOS Requirement Static/Quake 1 Clay Liner 1.6 1.3 1.5/1.3 CONCLUSIONS Based on the Factors of Safety listed in the table above, the conveyor will not be a hazard to the clay liner provided the surcharges and subsurface conditions are as modeled. Ms. Kimberly Dennis August 12, 2021 Page 5 LIMITATIONS Our review is based on regional geologic mapping, present mining plans, and in part borehole data by others. Stability analyses were performed using typical strength parameters for the various strata in the critical sections. Should the mining or conveyor plans change, or subsurface conditions vary from those portrayed in this letter, we should be contacted to re-evaluate the potential affects on permanent man-made structures. Please call with any questions or comments. Sincerely, Civil Resources, LLC Gary Linden, P.G. Senior Engineering Geologist Attachments: Figure — Mine Plan showing boring locations and sections used. XSTABL Model Outputs: Sections 1, 2, and 3 Reference: Tetra Tech, 2019. Slope Stability and Setback Updates, July 3, 2019: Tetra Tech Job No. 200-23514-18004 Trimble, D.E. and Machette, M.N.; "Geologic Map of the Greater Denver Area, Front Range Urban Corridor, Colorado"; U.S.G.S. Map I -856-H. J:1Aggregate Industries-2971Tucson South Permit Support12021 amendmentlExhibit SIStability Analysis\Tucson South Stability analysis.doc To: TETRA TECH Christine Felz, Aggregate Industries, Inc. MEMO From: Derek Foster, PE, Tetra Tech July 3, 2019 Updated: Jeffrey Butson PE, Tetra Tech November 8, 2019 ubac.., liw?p..tabilityrand Setback Uadates,.Ju 3(2019 Tetra Tech Job No 200-23514-18004 The memo describes the updated analysis performed to evaluate the minimum setback distance between the proposed mine limit and identified critical manmade structures near the site as required per the Mine Land Reclamation Board (MLRB) Construction Materials Rules 6.3.12(b) and 6.4.19(b) and the memorandum from the DRMS dated May 16, 20181. This slope stability analysis was not performed to evaluated the stability of highwalls, proposed mine slopes, proposed reclamation slopes, or infrastructure owned by Aggregate Industries. The setbacks reported in this memo represent the minimum setback based on the physical and geotechnical input parameters for each model. The required setback may be greater based on regulatory requirements. The Tucson South Mine is comprised of approximately 250 acres, located a half -mile west of the City of Brighton, Colorado. The site lies within the south half of Section 1 and the northwest quarter of Section 12 in Township 1 South, Range 67, West of the 6th Principal Meridian. Land use around the site is aggregate mining, residential, and agricultural. Tucson Street, a paved north -south road, bisects the proposed East and West Pits of the mine. Colorado Highway 7 (E 160th Avenue) separates the proposed East and West Pits from the proposed Southwest Pit. The South Platte River forms the eastern border for the proposed mine and the Brighton Ditch forms the western border of the proposed mine. The site is in the alluvial valley of the South Platte River. Geologic mapping indicates that the mine is located on an alluvial terrace corresponding with the Piney Creek and Post Piney Creek alluvium2. The bedrock underlying the alluvium may be the Arapahoe Formation, which consists of claystone and sandstones. A total of 130 boreholes have been drilled on the site. Drilling logs indicate the general subsurface profile consists of an average of three feet (one to ten feet) of silty sand overburden, overlying an average of 23 feet (five to 46 feet) of sand and gravel, overlying the bedrock. A mud lens was found in the area, mainly in the West and Southwest Pits of the proposed mine. Groundwater was encountered while drilling in 2004 at depths between eight and 12 feet below the ground surface. Monitoring well readings from December 2003 to August 2004 have water levels between four and 16 feet below ground surface. 1 Cazier, T. (2018, May 16). Re: Factors of Safety for Slope Stability/Geotechnical Analyses Associated with Mining Operations. Denver, CO: Division of Reclamation, Mining and Safety Minerals Program. 2 Trimble, E. D., & Machette, N. M. (1979). Geologic Map of the Greater Denver Area, Front Range Urban Corridor, Colorado. USGS Map I -856-H, Version 1.1. Page 1 TETRA TECH Updated Tucson South Proposed Gravel Mine Slope Stability Analysis November 8 2019 3.0 PREVIOUS EVALUATIONS A slope stability evaluation was performed by Tetra Tech for the Tucson South mine in November 20043. The evaluation used the (previously required) required minimum factor of safety value of 1.0 and analyzed sections for a total of 14 critical structures surrounding the Tucson South mine. A seismic analysis was not required by the DRMS as part of the slope stability analysis in 2004. The 2004 evaluation was used as the basis for an updated slope stability analysis performed by Tetra Tech in 2018. In preparation of an amendment to the Tucson South permit application in 2018 Tetra Tech performed an -updated - slope stability analysis. Critical structures within 200 feet of the mine in 2018 were reevaluated and seven manmade structures were identified as requiring slope stability analysis. A memorandum dated November 9, 20184 describes the results of the analysis that was prepared and submitted to Aggregate Industries for their use. A slope stability analysis preformed in February of 2019 to determine required minimum setbacks from permanent manmade structures around the Tucson South Mine if mine highwalls were excavated at a slope of 0.5H:1V and not reclamation slopes were not constructed concurrently. 4.0 STABILITY ANALYSIS JUNE 2019 This updated stability analysis was performed using GeoStudio 2018 (Slope/WDefine) computer software5. The software is capable of computing factors of safety for a range of materials using finite element analysis. Spencer's method of slices& was used to calculate the safety factor for the individual failure surfaces. Several assumptions were made for the models including: • Surficial geology was modeled based on stability models and borehole data from 2004. • Geologic layers are generally horizontal in the subsurface, • The highwall will be concurrently reclaimed, or mined only at 3H:1V slopes • The West and East pits will be mined after the slurry wall is installed and will be dewatered as needed. • The slurry wall (designed by others) will be keyed into bedrock. • No excess pore pressure build up will occur within the soil strata. • No slurry wall will be constructed around the South pit. • The South pit will be wet mined. • The slurry wall is setback a minimum of 20 feet from the crest of the mine slope/reclamation slope. • The slurry wall will be constructed a minimum of 15 feet from any structure or easement. Both a reclamation slope and a mine slope were considered during this stability analysis for each section analyzed in February 2018. A reclamation slope is a slope built of fill material, typically overburden found at the site, used to stabilize the mine highwall. A mine slope is a slope cut at a stable grade leaving the native material in place. The grade modeled for both the reclamation slope and the mine slope was a 3H:1V. The highwall, from the February study, is assumed to be 0.5H:1V. 3 Goss, C. (2004, November 22). RE: Revised Tucson South Proposed Gravel Mine Slope Stability Analysis; Tetra Tech RMC Job No. 19-3919.019.00. (T. M. Refer, Ed.) Longmont, CO: Tetra Tech. 4 Franke, M. (2018, November 9). RE: Updated Tucson South Proposed Gravel Mine Slope Stability Analysis; Tetra Tech Job No. 200-23514-18004. (Bolduc, J, Ed.) Longmont, CO: Tetra Tech. 5 GEO-SLOPE International, Ltd. (2014). SLOPE/W 2012. December 2014 Release. 6 Spencer, E., 1967. A Method of Analysis of the Stability of Embankments Assuming Parallel Inter -Slice Forces." Geotechnique, Vol. XVII, No, 1, pp. 11-26. Page 2 -1 TETRA TECH 4.1 ANALYZED SECTIONS Updated Tucson South Proposed Gravel Mine Slope Stability Analysis November 8 2019 Critical manmade structures within 200 feet of proposed mining were modeled during this evaluation. A critical structure is defined by the DRMS as a manmade structure that poses a potential human safety risk, major environmental impact, and major repair cost if the slope were to fail'. A mud lens was modeled in sections evaluated where a mud lens was present at the site based on borehole information prepared for the 2004 evaluation. The cross sections and profiles were created using Figures 1 to 6. These figures show the proposed site layout and locations to critical structures, easements, and the topography in the area. Sections were created at each of the critical structures in the vicinity, and the estimated depth to bedrock from the subsurface study was used to create the profile for the slope stability analysis. The eleven (11) critical manmade structures were identified within 200 feet of the proposed Tucson South, East,, and West Pit mine boundaries were: • Tucson St. • Colorado Highway 7 (E 160th Avenue) • Power poles to the west of the proposed West Pit boundary • South Platte River • Gas well to the west of the proposed West Pit boundary • Todd Creek waterline north of the proposed mine boundary • Brighton Ditch • Brighton Return Ditch • A gravel road and building to the west of the South pit • Challenger Pit to the north of the West pit • City of Aurora waterline A total of fifteen (15) slope stability models were prepared to evaluate the risk of damage to critical manmade structures for this evaluation as shown on Figure 1. Below is a description of the 15 model sections: Section A - Tucson St. Setback from the West Mine Pit Section A, (static analysis Figures A-1; seismic analysis Figures A-2) evaluated the proposed setback from the Tucson St. easement from the West Pit boundary. A 500 psf load was applied to the road to represent live traffic loads. A mud lens was present and modeled based on previous studies in the area. The area is modeled with high water table assuming wet season. The model includes the transmission lines adjacent to the road as the critical structure. Section B - Tucson St. Setback from the East Mine Pit Section B (static analysis Figures B-1; seismic analysis Figures B-2) evaluated the proposed setback from the Tucson St. easement from the East Pit boundary. A 500 psf load was applied to the road to represent live traffic loads. No mud lens was modeled based on previous studies in the area7. The model uses the edge of the Right of Way as the critical location. Section C - South Platte River Section C (static analysis Figures C-1; seismic analysis Figures C-2) evaluated the proposed setback for the South Platte River from the East Pit boundary. The section is modeled where the South Platte River comes closest to the proposed mine boundary. A mud lens is not modeled based on the information available from previous studies in the area7. The proposed slurry wall is modeled 20 feet from the river bank. This alignment should be verified by the slurry wall designer. Offset regulations may dictate a greater minimum setback. The model uses the edge of the riverbank as the critical structure. Section D - Pipeline (North Side of East Cell) Section D (static analysis Figures D-1; seismic analysis Figures D-2) evaluated the proposed setback for the Todd Creek waterline (pipeline) north of the proposed East and West Pit boundaries. A mud lens is not modeled based on the information available from previous studies in the area7. The proposed slurry wall alignment is modeled 15 feet inside of the existing easement. The model identifies the pipeline as the critical structure with the setback measured from the edge of the easement. An agreement with the Todd Creek Metropolitan Water District included in the DRMS application allows for a lesser setback than estimated in the models. TETRA TECH TETRA TECH Updated Tucson South Proposed Gravel Mine Slope Stability Analysis November 8 2019 Section E — Gas Well West of the Proposed West Pit Boundary Section E (static analysis Figures E-1; seismic analysis Figures E-2) evaluated the proposed setback for an existing gas well to the west of the proposed West Pit boundary. A mud lens is modeled based on previous studies in the area7. The aggregate layer is noticeably thinner in this area. The weight of a tank in the area is simulated by a 3,000 psf load. The proposed slurry wall is modeled 15 feet from the edge of a gravel apron for the well. The water table on the west side of the slurry wall was modeled at approximately seven feet below ground surface. The water table was not modeled above the mud lens on the east side of the slurry wall since the pit is assumed to be dewatered. The gravel apron was the critical location in the model. Section F — Power Poles to the West of the Proposed West Pit Boundary Section F (static analysis Figures F-1; seismic analysis Figures F-2) evaluated the proposed setback for the power poles to the west of the proposed West Pit boundary. "The closest power pole to the proposed mine boundary was modeled. A mud lens was present and modeled based on previous studies in the area7. The proposed slurry wall is modeled. The overburden is assumed to be approximately constant in thickness. The existing grade at the location would prevent the cutting of a mine slope, only a reclamation slope was considered for this cross section. Section G - Brighton Ditch Section G (static analysis Figures G-1; seismic analysis Figures G-2) evaluated the proposed setback for the Brighton Ditch to the west of the proposed West Pit boundary. The section of the ditch closest to the proposed mine boundary was modeled. The proposed slurry wall is modeled 15 feet inside of the affected land boundary. The overburden is assumed to be approximately constant in thickness. The existing grade at the location would prevent the cutting of a mine slope, only a reclamation slope was considered for this cross section. A mud lens is not modeled based on previous studies in the area7. The setback presented is measured from the affected land boundary. Section H - Highway 7 from North Cell (East) Section H (static analysis Figures H-1; seismic analysis Figures H-2) evaluated the proposed setback for Highway 7 to the south of the proposed East pit boundary. A mud lens is not modeled based on previous studies in the area7. The proposed slurry wall is modeled. A 500 psf load was modeled to simulate traffic on Highway 7. A power pole adjacent to Highway 7 is used as the critical structure for the setback. Right-of-way requirements may increase the required offset for this section. Section I — Highway 7 from South Cell Section 1(static analysis Figures I-1; seismic analysis Figures 1-2) evaluated the proposed setback for Highway 7 and a power line to the north of the proposed South pit boundary. A mud lens was present and modeled based on previous studies in the area7.A slurry wall will not be constructed around the cell and is not modeled. A steady state phreatic surface was modeled along the top of the mud seam, and daylights along the cut slope to model open pit dewatering. A 2H:1V mine slope was modeled to increase yield from the pit, the reclamation slope remained at 3H:1V. A 500 psf load was modeled to simulate traffic on the Highway 7. A 200 psf load was modeled to simulate the weight of a screening berm on the north side of the South Cell. Section J - Brighton Return Ditch Section J (static analysis Figures J-1; seismic analysis Figures J-2) evaluated the proposed setback for the Brighton Return Ditch to the southwest of the proposed South pit boundary. A mud lens was present and modeled based on previous studies in the area7. A slurry wall will not be constructed around the cell and is not modeled. A steady state phreatic surface was modeled along the top of the mud seam, and daylights along the cut slope to model open pit dewatering. A 2H:1V mine slope was modeled to increase yield from the pit, the reclamation slope remained at 3H:1V. In order to comply with regulatory stability requirements, without increasing mine setback limits, the phreatic surface must be dewatered as to not seep down the face of the mine slope. The ditch was modeled with approximately five feet of water. Section K — Gravel Road and Waterline Section K (static analysis Figures K-1; seismic analysis Figures K-2) evaluated the proposed setback for a building and gravel road and waterline to the west of the proposed South pit boundary. A mud lens was present and modeled based on previous studies in the area7.A slurry wall will not be constructed around the cell and is not modeled. A steady state phreatic surface was modeled along the top of the mud seam, and daylights along the cut slope to model open pit dewatering. A 2H:1V mine slope was modeled to increase yield from the pit, the reclamation slope remained at 3H:1V. The waterline adjacent to the gravel road is the critical structure. A 3000 TETRA TECH 4 TETRA TECH Updated Tucson South Proposed Gravel Mine Slope Stability Analysis November 8 2019 psf load is modeled to simulate the weight of the building. The setback presented is measured from the edge of the water utility easement. Section L — Challenger Pit Section L (static analysis Figures L-1; seismic analysis Figures L-2) evaluated the proposed setback for the Challenger Pit to the north of the proposed West pit boundary. A mud lens was present and modeled based on previous studies in the area7. A slurry wall is modeled for the proposed Tucson South pit and the existing Challenger Pit. The water table is modeled 13 feet below ground surface. The setbacks presented are measured from the edge of the utility easements. Offset regulations may dictate a different minimum setback. Section M - Pipeline (East Side of East Cell) Section M (static analysis -Figures -M-1; seismic analysis Figures M-2) evaluated the proposed setback for the Todd Creek waterline (pipeline) to the east of the proposed East pit boundary. The pipeline comes closer to the property in this area. A mud lens is not modeled based on previous studies in the area7. The proposed slurry wall is modeled. The presented setbacks are measured from the edge of the utility easement. An agreement with the Todd Creek Metropolitan Water District included in the DRMS application allows for a lesser setback than estimated in the models Section N - Highway 7 from North Cell (West) Section N (static analysis Figures N-1; seismic analysis Figures N-2) evaluated the proposed setback for Highway 7 to the south of the proposed West pit boundary. A mud lens was present and modeled based on previous studies in the area7.The proposed slurry wall is modeled. A 500 psf load was modeled to simulate traffic on the Highway 7. A transmission line adjacent to Highway 7 is the critical structure which the setback presented is measured from. The model assumes a screening berm is located between the road and the mine and the slurry wall is not constructed under the berm. Section O — City of Aurora Water Lane Section O (static analysis Figures O-1; seismic analysis Figures O-2) evaluated the proposed setback for the Aurora waterline to the south of the proposed West pit boundary. A mud lens was present and modeled based on previous studies in the area7. The proposed slurry wall is modeled. A 200 psf load was modeled to simulate the weight of a screening berm on the south side of the West Cell. The model assumes that the slurry wall is not constructed under the screening berm. The waterline is the critical structure and where the setback is measured from. 4.2 INPUT PARAMETERS Each section was modeled to resemble the existing site topography based on the site survey referenced on the Tucson South Resource Pre -Mining and Mining Plan Maps. Material thicknesses were modeled based on a geotechnical investigation perforemed at the site in 2004. In general, the sand and gravel were thinner on the west side of the site. The materials were generally assumed to be horizontal in the subsurface. A three-foot thick weathered claystone bedrock layer was modeled based on a letter from Allen Sorenson to Kate Pickford dated March 6, 2003'. The sections modeled should not be used as an estimation of the aggregate resource. The input parameters for each of the materials used were those required for the 2004 analysis and are based on a memo from Allen Sorenson to Larry Oehler, dated August 29, 20048. A reclamation slope fill material was added for this revised analysis. The material properties are presented in Table 1. All materials were modeled using the Mohr/Coulomb framework. Sorenson, A. (2003, March 6). RE: Pit Wall Stability Analysis, Irwin Corporation, Bernhardt Resource Gravel Pie, Permit No. M-2002-120. Denver, CO. 8Sorenson, A. (2004, August 29). RE: Reclamation Cost Estimate and Pit Wall Stability Analysis, Aggregate Industries, Tucson South Resource Gravel Pit, File No. M-2004-044. TETRA TECH 5 }. TETRA TECH Updated Tucson South Proposed Gravel Mine Slope Stability Analysis November 8 2019 Table 1: Material parameters used in the slope stability models8, Overburden Sand & Gravel Weathered Claystone Bedrock (residual strength) Claystone Bedrock (peak strength) Mud Lens Slurry Wall Reclamation Slope Fill Moist Saturated Effective Effective Unit Unit Cohesion Friction Weight Weight c' Angle ch' (pcf) (pcf) (Psf) (degrees) 114 130 124 126 137 134 50 0 0 124 134 100 114 126 50 110 122 0 119 126 25 28 35 14 28 28 0 26 pcf= pounds per cubic foot,: psf= pounds per square foot A seismic analysis was also performed for each of the sections described above as required by the DRMS. The seismic analysis accounts for the effects of horizontal acceleration experienced during an earthquake. The horizontal acceleration used was 0.067 g. The value was obtained from a U.S. Seismic Design map of the areas. The U.S. Seismic Design Maps program considers the soil classification and location of the site. For the Tucson South site, Site Class D — Stiff Soil was used. Other applicable DRMS requirements that were used are as follows: • The minimum factor of safety for the static analysis is 1.5. • The minimum factor of safety for the seismic analysis is 1.3. The scenarios were modeled with entry/exit geometry for currently proposed setbacks. The setbacks were adjusted as needed to reach the minimum required factor of safety in each case. 4.3 ©DEL RESULTS The model results are given in Table 2. Detailed model results and a comparison with previous slope stability modeling is included in Appendix A. The setbacks listed are the minimum setbacks required. Resulting sections from the model are presented in Figures. It should be noted that the setback requirement for model J is dependent on the reduced phreatic surface in the soils behind the mine cut, care should be given to the dewatering process chosen in the South Pit. 9 U.S. Geological Survey. (2017, July 27). U.S. Seismic Design Maps. U.S. Geological Survey. TETRA TECH 6 TETRA TECH Updated Tucson South Proposed Gravel Mine Slope Stability Analysis November 8 2019 Model Mine Slope Reclamation Slope .-Highwall Object measured from Factor of Safety Setback Factor of Safety Setback Factor of Safety Static Seismic (ft) Static Seismic (ft) Static Seismic Setback (ft) (1.5 min) (1.3 min) (1.5 min) (1.3 min) (1.5 min) .3 min) A -Tucson St West Power Pole 1.68 1.31 35 1.64 1.34 44 1.76 1.30 110 Power Pole B -Tucson St. East 2.17 1.67 35 1.91 1.49 1,46 1 37 1.52 35 1.71 1.87 1,41 65 Ed a of ROW C -South Platte River 2.13 2.09 1.63 44 1.89 1 73 2.10 44 35 56 1.32 120 175 65 Edge of Riverbank 0 -Pipeline E -Fence near gas well 1.65 1.49 35 56 186 1.72 1 33 1 31 - 1.39 1.38 Pipe))ne easement 2.08 Gas Well F Power Pole - I (1)• 1.89 1.41 68 1.75 100 Power Pole G Brighton Ditch - (1)' 1,93 1.53 35 35 86 1.69 181 1.63 90 Affected Land Boundary HeHighway 7 North 2.00 1.56 1.67 1.32 35 1.77 1.38 1.86 1.32 1.33 1)7S Power Pole I -Highway 7 South r 2.31 1.58 86 51 30 2.72 90 Power Pole (assume 20' offset from toe of berm) *2:1 mine slope with dewatered pit 3 -Brighton Return Ditch _ _ � .1..._ 1.82 2.59 1.35 1.75 51 30 1.b8 i:32 1.32 1.34 105_ gr#ghton Ditch Easement Boundary *2:1 mine slope with lowered phreatic surface K -South Cell Gravel Road 2.19 1.53 1.67 75 Edge of Waterline Easement .2:1 mine slope with dewatered pit i -Challenger Pit 2.24 1.75 45 1.97 1.52 45 1.81 ° 185 Edge of utility easements M -East Cell Pipeline 2.37 1.76 52 2.22 3.07 2.61 1.66 2.16 1.79 52 106 72 2.08 1.93 1,53 1.37 1.37 120 Todd Creek Pipeline easement N. -Highway 7 northwest 3.13 2.19 106 110 7- Power Pole (assume screening bermbbetween mine and pole) 0 -City of Aurora Pipeline 2.76 1.88 72 1,90 80 City water line (assume screening berm between mine and waterline) (1)- Existing geometry prevents a mine slope from being cut at a 3H:1V fl —C TETRA TECH Updated Tucson South Proposed Gravel Mine Slope Stability Analysis November 8 2019 The findings presented in this memorandum are based on information from previous geotechnical investigations at the site and strength parameters of the modeled materials provided by the Colorado Division of Minerals and Geology in 2004. Tetra Tech should be contacted if the mining plans change or if the subsurface conditions vary from the descriptions here as reevaluation may be necessary to the investigate potential effects of the changes on the factors of safety for the critical structures determined in this evaluation. Factors of safety for this evaluation were limited to effects at the critical manmade structures and were not an evaluation of the mining highwall and/or reclamation slopes. Please do not hesitate to contact us with any questions or comments. Sincerely, Jeffrey Butson, PE Project Engineer Tetra Tech 1900 S Sunset St, Ste 1-E Longmont, CO 80501 720-864-4566 Jeff.Butson cx,tetratech.com REVISION HISTORY 9/16/2019 • Revised offset table • Revised CAD cross section exhibits to add more detail • Revised Slope/W cross section exhibit to add more detailed dimensions o Computer analysis changed for Section M only o Computer analysis not changed for all other cross sections 11/8/2019 • Revised Figure 1 for amended project phasing Page 8 FIGURES Hello