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Home My WebLink About20201837.tiffDEPARTMENT OF PLANNING SERVICES 1555 N 17th Ave, Greeley, CO 80631 Phone (970) 400-6100 Fax (970) 304-6498 USE BY SPECIAL REVIEW (MINING OPERATION) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED RECEIPT # /AMOUNT # 1$ CASE # ASSIGNED APPLICATION RECEIVED BY PLANNER ASSIGNED To be completed by APPLICANT is accordance with procedural guide requirements 1 I (we), the undersigned, hereby request a heanng before the Weld County Planning Commission concerning a proposed gravel (gravel, coal, borrow pit, etc ) mining operation for the following described unincorporated area of Weld County Legal Description South 1/2 , Section 19 , Township 5 North, Range 67 West Flood Plain Zone AE Zone District AG , Total Acreage 181 84 , Overlay District NA Geological Hazard No , Airport Overlay District No 2 Surface owner(s) of area of land descnbed Name Coulson Excavating Co , Inc Address 3609 N County Rd 13, Loveland, CO 80538 Phone 970-667-2178 Name Croissant Family Farm, LLC Address 49316 CR 83, Bnqqsdale, CO 80611 Phone 970-218-6507 3 Owner(s) of mineral rights or substance to be mined Name Coulson Excavating Co , Inc Address 3609 N County Rd 13. Loveland, CO 80538 Phone 970-667-2178 Name Croissant Family Farm, LLC Address 49316 CR 83. Bnqqsdale, CO 80611 Phone 970-218-6507 4 Applicant's name Coulson Excavating Company, Inc Email Address ken@couisonex corn Address 3609 N County Rd 13, Loveland, CO 80538 Phone 970-667-2178 5 Identify any prior permits for mining held by applicant or affiliated person Weld County USR672-AM Challenger Pit I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge Signatures of all fee owners of property must sign this application If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application If a corporation is the fee owner, notanzed evidence must be included indicating that the signatory has to legal authonto sign for the corporation Signature} Owner or Authorized Agent t/Date C-_-" .0,-..-- _-'.,_./...3=b 1 ^ 13^20 Signature Owner or Authorized Agent Date FOSTER GRAHAM MILSTEIN & CALISHER. LLP ATTORNEYS AT LAW January 13, 2020 Via Hand Delivery Kim Ogle Planner III, Planning Services Weld County Planning Department 1555 N. 17th Ave Greeley, CO 80631 360 South Garfield Street 6th Floor Denver, CO 80209 T 303-333-9810 F 303-333-9786 DENVER — BOULDER fostergraham.com Re: Cover Letter to Application for Use by Special Review — Amen Aggregate Resource Dear Planning Services: Foster Graham Milstein, & Calisher, LLP ("FGMC") represents Coulson Excavating Co., Inc. ("Coulson") regarding its application for a use by special review permit (the "Application") to: (i) mine and process sand and gravel; (ii) operate an asphalt batch plant; and (iii) import and export aggregate, hot mix asphalt and recycled asphalt (collectively, the "Project") on property located northeast of the intersection of Weld County Road 54 and Weld County Road 13, more specifically depicted on the Vicinity Map attached to and defined in the Application. This letter serves to provide background information on Coulson, the Project and the Property (defined below). This letter is hereby made a part of the Application. I. BACKGROUND A. Coulson Coulson is a family owned and operated company with a long history of serving Weld County and throughout Northern Colorado with aggregate materials for construction and infrastructure projects. Coulson's excavating services include, but are not limited to: conducting asphalt paving services; improving underground utilities; and conducting earthmoving operations throughout the region. Coulson is owned and operated by three generations of the family who all reside near Loveland, Colorado. Coulson has proven itself a good neighbor to the areas and property owners in the vicinity of its operations. Specifically, Coulson implements mitigation measures to minimize the impact from the inevitable noise, dust and traffic resulting from sand and gravel mining. Lastly, Coulson implements extensive reclamation plans to restore mined land to conditions that exceed the condition of the land prior to the mining. In fact, one of Coulson's reclaimed sand and gravel { 00694970. DOCX / 6 } 1 mines, Lakota Lakes, is now a residential planned unit development nearby the Property (defined below) as further discussed below B. The Property Coulson owns approximately 108 acres of vacant land northeast of the intersection of Weld County Road 54 and Weld County Road 13 ("Coulson's Property") Coulson has also secured the right to mine sand and gravel on an additional 74 acres of land adjacent to Coulson's Property to the east which is currently owned by the Croissant Family Farm, LLC (the "Croissant Property" and together with the Coulson's Property, collectively, the "Property") Coulson intends to mine approximately 97 acres of the Property for sand and gravel and process the same into aggregate material (the "Mining Operation") Coulson also intends on operating an asphalt batch plant on the Property Adjacent to the Property to the South is a sand and gravel mine and concrete batch plant currently owned and operated by Loveland Ready Mix, Inc under Weld County Use by Special Review Permit USR 1329AM Adjacent to the Property to the West is another sand and gravel mine owned and operated by Loveland Ready Mix, Inc under Larimer County Use by Special Review Permit 05-Z1536 Adjacent to the Property to the North is a residential property (the "North Residential Property") Specifically, the North Residential Property is approximately 37 acres and has one single-family home The single-family home is located on the northern property line of the North Residential Property and therefore, is as far away from the Property as possible Adjacent to the Property to the Northeast are two different railroad lines, one used by Great Western and the second used by Union Pacific Adjacent to the Property to the East is more land owned by the Croissant Family Farm, LLC Lastly, catty -corner to the Property's Southeastern property line is the Lakota Lakes Planned Unit Development ("Lakota Lakes"), which is currently developed with approximately seven (7) single family homes The property that is known as Lakota Lakes, including the lake in the center, is a reclaimed Coulson sand and gravel mine (USR-672AM) C. The Project Coulson plans to conduct the Mining Operation in a total of six (6) individual cells Coulson will start by mining sand and gravel on the portion of the Property labeled "Cell 1 " When the mining of Cell 1 is completed, Coulson will move in numerical order through the remaining cells until all six cells have been fully mined for sand and gravel Once the sand and gravel is extracted from the ground, Coulson will crush and process it into the final aggregate material Coulson proposes that the Mining Operation will take place during daylight hours from Monday through Saturday and that the Mining Operation will require twelve (12) onsite {00694970 DOCX / 6 } 2 employees Coulson anticipates the entire Mining Operation will take approximately 10-12 years to complete Coulson also intends to operate an asphalt batch plant ("Asphalt Operation") on the Property The Asphalt Operation will include heating the processed aggregate and mixing with other materials to create asphalt that can be used in the region's road and construction projects The Asphalt Operation will also include the importation of other aggregate and recycled asphalt materials to the Property for processing in the Asphalt Operation The final step of the Project is mine reclamation Once the Mining Operation is complete, Coulson will reclaim the Property into an aesthetically appealing parcel of land One option Coulson is considering for the reclamation of the Project is the conversion of each mining cell into a lake After reclamation, the Property will be used for water resource, water storage reservoirs and could be used for a variety of agricultural or even residential land uses II. CONCLUSION For the foregoing reasons and all other reasons contained in the Application, Coulson has demonstrated that the Application complies with the review criteria required for the approval of a Use by Special Review application Therefore, Coulson respectfully requests your recommendation that the Application be approved by the Weld County Board of County Commissioners Sincerely, FOSTER, GRAHAM, MILSTEIN & CALISHER LLP __,i.:_ 4t David Wm Foster {00694970 DOCX / 6 } 3 USE BY SPECIAL REVIEW QUESTIONNAIRE AMEN AGGREGATE RESOURCE BACKGROUND This Use Special Review permit application has been prepared to mine and process aggregates, batch Hot Mix Asphalt, and import and export both aggregates and Hot Mix Asphalt and Recycled Asphalt to and from the proposed permit area QUESTIONNAIRE 1 Detailed description of the method of mining operation a Proposed structures onsite will include a site access road, a scale house/office, a Hot Mix Asphalt (HMA) Batch Plant and parking area, and a raw materials processing plant (crushers, screens and associated conveyors) b The hours of operation will be 7am-6pm Monday through Sat and occasionally Sundays and occasionally 24hrs a day for certain roadway projects The number of onsite employees will be 12 c The operation will be dry mined Dewatenng trenches will be dug around the perimeter to allow groundwater to drain and be pumped to the Big Thompson River Dewatenng effluent be routed through sediment settling Pond(s) prior to discharge to the Big Thompson River d The site will be accessed by a new access road off of Weld County Road (WCR)-13 From the Site Access, approximately half of trucks will turn right (north) and half will turn south (left) onto WCR 13 North bound trucks will travel over the WCR 13 bridge over the Big Thompson River and continue to the intersection of SH-34 where they will disperse evenly onto east and west bound SH-34 directions South bound trucks will move the short distance to the intersection of WCR 13 and WCR 54, where approximately 2/3rds will turn right (west and 1/3`d will turn left (east) and continue over the WCR 54 bridge over the Big Thompson River e The sand and gravel extraction will proceed in numerical order from mining cells 1-6 as shown in the Extraction Plan Drawing The largest cell is approximately 21 0 acres and therefore 21 0 acres will be the largest area to be worked at one time Reclamation is proposed to be concurrent with mining, meaning overburden will be backfilled into mined out areas, whenever and wherever possible f Mining will occur in one phase divided into Cells 1-6 An approximate mining timetable is given in Table 1 Mining Timetable Table 1 Mining Timetable Mining Cell Area [acres] Time to Complete [years] Cell 1 21 0 —2 0 Cell2 165 —20 Cell3 192 —20 {00784679 DOCX / 2 } Use by Special Review Questionnaire Amen Aggregate Resource Page 1 of 5 Cell 4 3 8 —1 0 Cell 5 20 2 —1 5 M - r - , Cell6 136 --20 Totals 94 3 10 5 g The depth to the bottom of the sand and gravel is approximately 20-25 ft below ground surface The overburden ranges from 0-9 ft thick h The reclaimed land uses will include water storage reservoirs and rural residential Reclamation will occur concurrently with mining wherever possible This method will directly backfill in -situ overburden to previously mined out areas instead of stockpiling The proposed water storage reservoirs will be lined with a compacted clay liner constructed from weathered claystone borrowed from the mining cell floor The reclamation plan will not expose groundwater and will therefore, not require an augmentation plan The landowner possesses water rights, which can be used to fill the reservoirs i The technical advice for this type of reclamation plan comes from Weiland, Inc 's professional engineers and geologists, who have designed numerous reclamation plans for similar sand and gravel deposits 2 Explanation of how this proposal is consistent with the intent of the "Weld County Comprehensive Plan" The Weld County Comprehensive Plan (the "Comprehensive Plan") is codified as Chapter 22 of the Code The Application is particularly consistent with two of the Comprehensive Plan's guiding principles, specifically "(A) It is the goal of the Comprehensive Plan to promote opportunities for County citizens while protecting private property rights", and "(F) Land use policies have a significant impact on economic conditions in the County and should be structured to encourage economic prosperity and economic growth "1 The Application is consistent with the Comprehensive Plan because mining aggregate resources is an identified property right in the agricultural zone district and thus, approval of the Application would protect the Coulson's property right Additionally, aggregate resources are vital to the economic prosperity of Weld County because they are critical to infrastructure and construction projects and therefore, the Application is consistent with the Comprehensive Plan because it furthers the guiding principle of encouraging economic prosperity and growth The Comprehensive Plan specifically states that, "[t]he County recognizes that mineral resource extraction is an essential industry The availability and cost of materials, such as sand and gravel, have an effect on the general construction and highway construction industries After the extraction of materials, the majority of these sites yield much -needed water storage and recreation possibilities "2 Accordingly, the Comprehensive Plan specifically identifies "CMPolicy 2 1" which states, "[c]onduct land use permitting the operation of a mining site in unincorporated Weld County, in accordance with regulations in the County "3 The Application is consistent with CMPolicy 2 1 and the overarching mineral extraction goals of the Comprehensive Plan because, as explained above, the Application ' Code § 22-1-120 2 Code § 22-5-70(B) 3 Code § 22-5-80(B)(1) {00784679 DOCX / 2 } Use by Special Review Questionnaire Amen Aggregate Resource Page 2 of 5 proposes the safe and productive extraction of sand and gravel and will be reclaimed as much -needed water storage The Application also meets the other commercial mineral deposit goals, which are dedicated to ensuring proper extraction and limited negative impacts to the environment and surrounding area, through the use of proper extraction techniques, mitigation efforts and proper reclamation Lastly, the Application is consistent with "A Policy 7 2" of the Comprehensive Plan which provides that conversion of agricultural land to industrial uses "should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region "4 The Application is consistent with A Policy 7 2 because, as explained above, the Property is located in an area that can support the Project and is surrounded by other similar uses Therefore, for the foregoing reasons, the Application is consistent with the Comprehensive Plan 3 Statement which explains how the proposal is consistent with the intent of the district in which the use is located The Property is located in the Agricultural Zone District The Code states that "[t]he A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and for areas of natural resource extraction and energy development "5 Open -pit mining, materials processing and asphalt batch plants in conjunction with an aggregate mine are all permitted uses by special review in the Agricultural Zone District 6 Therefore, because the Project's activities are all permitted special uses in the Agricultural Zone District and because the Code's specific intent for the Agricultural Zone District includes providing areas for natural resource extraction, the Application is consistent with the intent of the district in which the Property is located 4 If applicable, a statement which explains what efforts have been made, in the location decision for the proposed use, to conserve productive agncultural land in the agncultural zone district The Property is located in the Agricultural Zone District, but given its proximity to the Big Thompson River the Property has only been used for agricultural cattle grazing and, therefore, its higher value is to be used for mining aggregate resources which are predominately found along streams and river valleys Notwithstanding the fact that the Property is not the most productive agricultural land, the Project's plan to conduct the Mining Operations in one cell at a time will provide an opportunity to continue the current agricultural uses on the portions of the Property which are not undergoing Mining Operations Therefore, the Application has made efforts to conserve agricultural land in the Agricultural Zone District 5 Statement regarding Health Safety and Welfare of the neighborhood and County The Application contains adequate provisions for the protection of health, safety and welfare of the inhabitants of the neighborhood and the County because Coulson will meet all county, state and agency standards meant to protect the health, safety and welfare of the County and obtain all necessary permits required for the same Such permits include, but are not limited to, air quality and water permits from the Colorado Department of Health and Environment to ensure that the Project complies with air and water quality standards Additionally, Coulson has conducted traffic studies and will work with Weld County staff to ensure that the traffic plan protects the health, safety and welfare of the inhabitants of the neighborhood and the County Lastly, as explained throughout this Letter, the Property is in 4 Code § 22-2-20(G)(2) 5 Code § 23-3-10 (emphasis added) 6 Code § 23-4-40 {00784679 DOCX / 2 } Use by Special Review Questionnaire Amen Aggregate Resource Page 3 of 5 an area with few residential uses, and thus, the Project has limited impact to the inhabitants of the neighborhood and County 6 Statement descnb/ng existing surrounding land use and compatibility As explained above, the following uses are adjacent to the Property (1) a concrete batch plant currently owned and operated by Loveland Ready Mix, Inc, (2) a sand and gravel mine currently operated by Loveland Ready Mix, Inc under a Lanmer County Use by Special Review Permit, (3) the North Residential Property, (4) two different railroad lines, one used by Great Western and the second used by Union Pacific, and (5) additional land owned by the Croissant Family Farm, LLC Additionally, catty -corner to the Property is Lakota Lakes The Application is compatible with the surrounding uses because of its similarity to the majority of the surrounding uses Specifically, and as previously explained, the Application includes both sand and gravel mining operations and a concrete batch plant An existing sand and gravel mine abuts the Property to the West and an existing concrete batch plant abuts the Property to the South and therefore, the Project is compatible with those surrounding uses because it is identical to the existing uses The Application is also compatible with the adjacent railroad lines because (1) the Project will not impact or alter the railroad operations in anyway, and (2) the railroad use emits noise that is similar, or even louder, than the noise emitted from the Project Lastly, the Application is also compatible with the surrounding residential uses Specially, the North Residential Property is approximately 37 acres and has one single-family home The single-family home is located on the northern property line of the North Residential Property and therefore, is as far away from the Property as possible, and thus, the Project will have minimal, if any impact to the single-family home The Application is also compatible with Lakota Lakes because the Property is far enough away to have little to no impact on those residential homes Therefore, the Application is compatible with the surrounding uses because it is similar to the majority of the surrounding uses and far enough away from the nearby residential uses to result in little to no impact to such properties 7 A statement describing existing land use The existing land use is agricultural, which consists of grazing land used to graze beef cattle 8 Detailed Descriptions a One full time employee will occupy the scale house Approximately 12 employees will be on site The site will not be open to the public The only outside access allowed will be service operations with authorized CEC vendors b The hours of operation will be 7am-6pm Monday through Sat and occasionally Sundays and occasionally 24hrs a day for certain roadway projects c Cattle may be grazed and grass hay cultivated in the areas not yet disturbed by mining d Vehicular access to and from the site will include heavy vehicles and light vehicles Heavy vehicles will include primarily 18 -wheeled tractor -trailers with approximately 25 -ton haul capacity, ten wheel dump trucks and 18 -wheeled tractor -trailers for equipment hauling Other heavy vehicles may access the site on a non -frequent basis Light vehicles will include employee pickup trucks, SUV's and passenger cars Site generated traffic can include up to 228 heavy vehicle trips hauling finished asphalt out (114 round -trips) 160 heavy vehicle trips hauling material in from Stroh Pit in and 42 light vehicle trips (21 round -trips) e Fire protection will be provided by the Front Range Fire Rescue Fire Protection District, 100 Telep Avenue Johnstown, CO 80534 {00784679 DOCX / 2 } Use by Special Review Questionnaire Amen Aggregate Resource Page 4 of 5 J f Bottled water will be provided for drinking water Additionally, the site has 3 permitted irrigation wells in the south west corner (14756-R, 14757-R and 14758-R) for irrigation water, which can be used to irrigate landscaping Replacement water to operate a Temporary Substitute Water Supply Plan will come from a 100 year lease with the City of Loveland g The site will utilize portable toilets near the scale house, plant site and mine site h N/A i Storage of raw and processed sand and gravel will occur in and around the processing plant area as shown on the extraction plan map Overburden stockpiles will occur within mining cells adjacent to the first excavation area within a cell Reclamation will occur concurrently with mining and will backfill additional overburden into mined out areas as new mining areas are stripped Landscaped screening berms will be constructed in the south west portion of the site to screen the batch plant and processing operations Details are shown in the landscape plan map k Once the site has been approved for a Use by Special Review, site improvements including the site access road, prefabricated scale house and landscaping /screening berms will be constructed Timetables for construction of any offsite improvements will be negotiated with the Department of Public Works I Following the land uses designated by this Use by Special Review, reclamation procedures may include construction of appurtenant structures for the water storage reservoir, slope grading, re -vegetation of affected land and weed management m Onsite storm water drainage due to new pavement will be handled with ditches and culverts, which will ultimately be routed to the Big Thompson River Stockpiles will not be placed in the path of major historic drainage paths Best Management Practices (BMP) for disturbed areas will be implemented to prevent excess sediment loads from entering waters the Big Thompson River Additional stormwater information can be found in the Amen Aggregate Resource Drainage Plan n Any remaining construction debris will be removed for recycling during reclamation activities following mining Any other debris will be removed from the site within 2 years of completion of reclamation o Weld County has been identified as one of the largest growing communities in the state and as such has a need for asphalt and aggregate products to keep up with the growth 9 This area is located in the floodplain and the applicant will apply for a Flood Hazard Permit The project is not in a geologic hazard area nor is it in a Weld County Airport Overlay District The lands do occur in the Windsor and Milken IGA Overlay Districts and it is understood that County Planning will seek referrals form this towns {00784679 DOCX / 2 } Use by Special Review Questionnaire Amen Aggregate Resource Page 5 of 5 Document must be filed electronically Paper documents are not accepted Fees & forms are subject to change For more information or to print copies of filed documents, visit www sos state co us Colorado Secretary of State Date and Time 08/25/2015 08 44 PM ID Number 20151553461 Document number 20151553461 Amount Paid $50 00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to § 7-80-203 and § 7-80-204 of the Colorado Revised Statutes (C R S ) 1 The domestic entity name of the limited liability company is CROISSANT FAMILY FARM, LLC (The name of a limited liability company must contain the term or abbreviation limited liability company ', "lid liability company , limited liability co ", 'ltd liability co ", "limited" ' 11 c ' llc ' or ltd See §7-90-601, CRS) (Caution The use of certain terms or abbreviations are restricted by law Read instructions for more information) 2 The principal office address of the limited liability company's initial principal office is Street address 49316 CR 83 (Street number and name) Bnggsdale (City) (Province — if -applicable) CO 80611 (State)(ZIP/Postal Code) Unite States (Country) Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) (City) (State) (ZIP/Postal Code) (Province — if applicable) (Country) 3 The registered agent name and registered agent address of the limited liability company's initial registered agent are Name (if an individual) or (if an entity) (Caution Do not provide both an individual and an entity name) Croissant Larry L (Last) (First) (Middle) (Suffix) Street address 49316 CR 83 (Street number and name) Bnggsdale co 80611 (City) (State) (ZIP Code) Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) ARTORG_LLC Page 1 of 3 Rev 12/01/2012 (City) CO (State) (77re following statement is adopted by marking the box) ✓ The person appointed as registered agent has consented to being so appointed (ZIP Code) 4 The true name and mailing address of the person forming the limited liability company are Name (if an individual) or (if an entity) (Caution Do not provide both an individual and an entity name) 49316 CR 83 Croissant (Last) Larry L (First) (Middle) (Suffix) Mailing address (Street number and name or Post Office Box information) Bnggsdale (City) CO 80611 (State) (ZIP/Postal Code) United States (Province — if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment) n The limited liability company has one or more additional persons forming the limited liability company and the name and mailing address of each such person are stated in an attachment 5 The management of the limited liability company is vested in (Mark the applicable box) n one or more managers or n the members 6 (The following statement is adopted by marking the box) n There is at least one member of the limited liability company 7 (If the following statement applies, adopt the statement by marking the box and include an attachment) El This document contains additional information as provided by law 8 (Caution Leave blank if the document does not have a delayed effective date Stating a delayed effective date has sign fcant legal consequences Read instructions before entering a date) (If the following statement applies, adopt the statement by entering a date and, if applicable, time using the required format ) The delayed effective date and, if applicable, time of this document is/are (mm/dd/yyyy hour minute am/pm) Notice Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C R S , the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes ARTORG_LLC Page 2 of 3 Rev 12/01/2012 This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered 9 The true name and mailing address of the individual causing the document to be delivered for filing are Croissant Larry (Last) 49316 CR 83 L (First) (Middle) (Suffix) (Street number and name or Post Office Box information) Briggsdale CO 80611 (City) (Province — if applicable) (State) United States (Country) (ZIP/Postal Code) (If the following statement applies, adopt the statement by marking the box and include an attachment) n This document contams the true name and mailing address of one or more additional mdividuals causing the document to be delivered for filing Disclaimer This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet Questions should be addressed to the user's legal, business or tax advisor(s) ARTORG_LLC i Page 3 of 3 Rev 12/01/2012 CROISSANT FAMILY FARM, LLC Names of other partners and or submitters Patricia Jean Croissant 49316 CR 83 Briggsdale, CO 80611 James Croissant 26442 CR 15 Johnstown, CO 80534 Signed: t CROISSANT FAMILY FARM, LLC INITIAL RESOLUTION OF MEMBERS Larry L. Croissant, Patricia Jean Croissant, and James D. Croissant, who are all the Members of Croissant Family Farm, LLC (the Company), a limited liability company organized under the laws of the State of Colorado, certify that the Company has adopted the following Resolutions and that they do not conflict with Colorado law or the company's Articles of Organization or Operating Agreement. These Resolutions are effective until rescinded as provided by the Operating Agreement or by Colorado law. 1. The Company's principal office is located at 49316 County Road 83, Briggsdale, CO 80611. 2. Larry L. Croissant is appointed as, and has consented to be, the initial Registered Agent of the Company. 3. James D. Croissant is appointed as the initial Manager of the Company. 4. The Manager is authorized by the Operating Agreement to conduct the Company's everyday business and financial activities, including tax and banking business. 5 James D. Croissant and Larry L. Croissant, acting separately or jointly, may open, change, and otherwise manage checking and other bank and investment accounts under the name of the Company and are authorized to make deposits, withdrawals, and transfers with respect all such accounts. 6. This Resolution is effective when signed below by all the Members. CROISSANT FAMILY FARM, LLC Date: /2/ ,�, 2015 0,,,i...,- Date: / L/2..3 , 2015 Patricia Jean Crois, Member Signed: James '► Croissant, Member and Initial Manager Date: / 2/a..3 , 2015 COPY OPERATING AGREEMENT OF CROISSANT FAMILY FARM, LLC This agreement is effective on the date that all of the Members of the Company have signed below. 1. - FORMATION OF LIMITED LIABILITY COMPANY 1.1 Initial Members and Formation. The Initial Members, Larry L. Croissant, Patricia Jean Croissant, and James D. Croissant, formed Croissant Family Farm, LLC (the "Company") by filing Articles of Organization with the Colorado Secretary of State on August 25, 2015. 1.2 Form and Duration of Company. The Company is a manager -managed limited liability company. The duration of the Company is unlimited. 1.3 Principal Office. The Company's principal office of the Company is located at 49316 County Road 83, Briggsdale, CO 80611. The Manager may change its principal place of business by filing appropriate documents with the Colorado Secretary of State and with authorities in other jurisdictions if required by law. The Company may conduct business at any location or locations within or outside Colorado. 1.4 Registered Agent. The Company's registered agent is Larry L. Croissant, 49316 County Road 83, Briggsdale, CO 80611. The Managers may designate a different individual or entity as registered agent by filing appropriate documents with the Colorado Secretary of State and with authorities in other jurisdictions if required by law. 1.5 Appointment of Initial Manager. The Members appoint James D. Croissant as the Company's initial Manager. All succeeding Managers shall be appointed in the manner provided in the Operating Agreement. 1.6 References to Members and Managers. In this document, the term "Members" means any one or more of the Members or a sole Member, as the context requires. The term "Managers" means any one or more of the Managers or a sole Manager, as the context requires. 1.7 Operating Agreement. This document, with any attached schedules or exhibits, replaces all prior written and oral agreements and understandings ofthe Members with respect to the matters covered by this agreement. This document, any attached schedules or exhibits, and any later amendments or modifications shall constitute the Operating Agreement of the Company. 1.8 Effect ofOperating The Operating Agreement shall bind the Members, the Managers, the Company, and all their respective distributees, heirs, beneficiaries, personal Croissant Family Farm, LLC Operating Agreement Page 1 COPY representatives, successors, and transferees. The Operating Agreement shall govern the rights, duties, limitations, qualifications, relations, and obligations of all such persons and entities. 1.9 No Third Party Beneficiary. No creditor or other person shall be entitled to any distributions, payments, or other benefits as a third party beneficiary or otherwise except as specifically provided in the Operating Agreement. 1.10 Interpretation of Operating Agreement. The Operating Agreement shall be interpreted and enforced according to the laws of the State of Colorado, including the Colorado Limited Liability Company Act (the "Act"), or according to the laws of another jurisdiction to which the Managers have moved the Company's principal place of business. However, if a provision of the Articles of Organization conflicts with the statutory law of the applicable jurisdiction or with any provision of the Company's Articles of Organization, then the Operating Agreement shall control. 1.11 Declaration of Investment Intent. The Members represent and warrant to the Company and to each other that they are acquiring their Membership Interests for their own accounts as an investment asset and not with the present intent to distribute or resell any Membership Interests. 1.12 Registration as Security. The Members acknowledge that ownership interests in a limited liability company may be a security under federal or state law. They understand that their Membership Interests have not been registered under the securities laws of any jurisdiction and that the transfer of any Membership Interest may require registration or a formal determination that the transfer is exempt from registration. 1.13 Limited Liability. Members and Managers shall not be liable under a judgment, decree, or order of any court, or in any other manner, for any debt, contract, liability, or other obligation of the Company, unless a Member or Manager agrees otherwise in a personal guarantee signed by the Member or Manager in that person's individual capacity. The Operating Agreement shall be interpreted to give Members and Managers the greatest limitation on liability available under applicable law. 1.14 Indemnification. To the extent allowed by Colorado law, the Company shall reimburse every current or former Member for reasonable expenses incurred and indemnify such a person for liabilities incurred in the ordinary course of the Company's business or for the preservation of the Company's business or property, ifthe person made the payments or incurred the liabilities without violating the person's duties to the Company. On a case -by -case basis, the Company by contract or resolution may agree to indemnify a current or former employee, fiduciary, agent, or Manager of the Company who is not a Member. The Company may purchase and maintain insurance to provide for the indemnification of current or former Members, employees, fiduciaries, agents, or Managers of the Company or any person who has served in a similar capacity in another entity at the request of the Company. Croissant Family Farm, LLC Operating Agreement Page 2 .e e 9- COPY 2. BUSINESS AND PROPERTY OF THE COMPANY 2.1 Business of the Company. The Company may engage in any lawful business, subject to any applicable regulations or ordinances. The Company is formed primarily to hold title to farm property and water and mineral interests, to operate, lease, and otherwise manager those properties and interests, and to produce crops and livestock for the mutual benefit of the Members. 2.2 Treatment As Partnership. The Company shall be treated as a partnership for federal and state income tax purposes unless the Members elect different tax treatment or convert the Company to a different form of entity. The Members shall share in the rights, benefits, duties, obligations, profits, and losses of the Company in proportion to the Members' respective percentage Membership Interests. The Managers shall act as the "tax management partner" in any dealings with taxing authorities 2.3 Purposes of the Company. The purposes of the Company include: (a) Providing for continuity of management of the Company's assets and investments for the benefit of the Members. (b) Protecting the Company's assets and the Members' interests in the Company from potential creditors. (c) Accumulating and preserving wealth for the Members without incurring an entity -level income tax. (d) Limiting the liability of Members for the Company's obligations. (e) Restricting transferability of the Members' interests in the Company. (f) Reserving the ability to decide whether a transferee of an interest in the Company may be admitted with full rights as a Member. (g) Protecting confidential information and facilitating business and estate planning. (h) Providing for alternative means of dispute resolution, including mediation. (i) Obtaining for the Managers the benefits and burdens of the law of fiduciaries and the business judgment rule as the standards for management responsibility. Croissant Family Farm, LLC Operating Agreement Page 3 Pte, 4 COPY (j) Passing on to other family members the Members' philosophy and methods of acquisition, use, management, operating, and preservation of family farm property and water and mineral interests by providing opportunities for hands-on experience, ownership, employment, observation, questions and answers, development of communication skills, and interactions with other experts in this type of business. 2.4 Powers of the Company. Subject to any restrictions in the Operating Agreement and applicable law, the Company may: (a) Acquire, retain, transfer, encumber, exchange, and dispose of real and personal property, improve, use, and otherwise deal with real or personal property or an interest in such property, including investment real estate, whether situated in the State of Colorado or elsewhere. (b) Sell, convey, assign, encumber, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all or any part of its property and assets. (c) Receive, manage, and invest payments from its properties for the mutual benefit of the Members. (d) Obtain policies of insurance on any real and personal property of the Company. (e) Make contracts and guarantees and incur liabilities, borrow money, issue notes, bonds, and other obligations, and secure any of its obligations by mortgage or pledge of any of its property, franchises, and income. (0 Lend money for proper purposes, invest and reinvest its funds, and take and hold property as collateral for the payment of loans and investments. (g) (h) (i) Purchase, hold, vote, pledge, and otherwise deal with shares, interests, or obligations of any other person. Be an agent, associate, fiduciary, manager, member, partner, shareholder, promoter, or trustee of any business entity, trust, or estate. Sue and be sued, complain and defend, and participate in administrative or other proceedings, in the name of the Company. 2.5 Title to Company Property. The Company shall hold and convey all of its real and personal property in the name of the Company and not in the name of any Member. No Member shall hold title to or have any ownership interest in any of the Company's property. Croissant Family Farm, LLC Operating Agreement Page 4 opy 2.6 Waiver of Partition. The Members agree that a partition or attempted partition of the Company's property would cause a substantial hardship to the Company and to the other Members. Each Member irrevocably waives any right to maintain an action for partition with respect to any real property owned by or titled to the Company. 2.7 Use or Purchase of Real or Personal Property. If a Member uses real or personal property belonging to the Company for purposes unrelated to the Company's business, or if the Company uses real or personal property belonging to a Member, the specific terms shall be stated in a lease or other written, signed agreement. If a Member purchases real or personal property from the Company, or if the Company purchases real or personal property from a Member, the terms shall be stated in a written, signed agreement. 2.8 Loans by Company to Member. The Company shall not be required to loan funds to any Member. If a Member borrows money from the Company and then defaults on the loan, the Managers shall not distribute any share of subsequent net profits distribution to the Member, and such funds shall be credited first toward repayment of the loan. 2.9 Loans by Member to Company. Members shall not be required to loan funds to the Company. If a Member makes such a loan, the amount of the loan shall not be added to that Member's Capital Account. 2.10 Transactions Between Members and Company. All leases, loans, promissory notes, and other agreements between a Member and the Company shall be in writing and signed by all parties to the transaction. All such transactions shall be made as "arm's -length" transactions. Promissory notes shall have terms and interest rates that avoid treatment as a below - market loan under the Internal Revenue Code and corresponding regulations. 3. CAPITAL ACCOUNTS AND CONTRIBUTIONS 3.1 Capital Accounts. The Company shall maintain a separate Capital Account for each Member's contributions of capital to the Company. Capital Accounts shall be subject to the restrictions set forth in the Operating Agreement. A Member's Capital Account shall be treated as the Member's personal property for all purposes. Except as otherwise provided in the Operating Agreement, the Company shall credit to each Member's Capital Account the fair market value of the Member's initial and additional capital contributions at the time of contribution. No interest shall be paid on any Capital Account or capital contributions. No portion of the Company's property shall be part of or credited to any Member's Capital Accounts. 3.2 Initial Capital Contributions. The Members shall make the initial capital contributions listed on Schedule A. Croissant Family Farm, LLC Operating Agreement Page 5 3.3 Additional Capital Contributions. No Member shall be required to make an additional capital contribution unless the Members agree in writing. The manner and timing of additional capital contributions shall be as agreed in writing by the Members or, if the agreement is silent as to manner or timing, as designated by the Managers. If a Member fails or refuses to make an additional capital contribution by the designated time, any or all of the other Members may contribute the additional capital and receive a proportionate increase in their Membership Interests. A Member's right to make up the capital contributions of another Member shall be proportionate to the Member's percentage interest in the Company. 3.4 Form of Contributions Unless otherwise agreed in writing by all the Members, capital contributions may be made in cash, real property, tangible personal property, services, or a promissory note or other written, signed obligation to make a contribution in the form of cash, real property, tangible personal property, or services. 3.5 Transfer of Capital Account. If all of a Member's Membership Interest is purchased or otherwise transferred, then the Managers shall transfer the Member's Capital Account to the transferee of the Membership Interest on the books of the Company, unless the documents of conveyance specifically provide otherwise. 3.6 Return of Capital. A Member or the Member's estate may demand a return of the Member's Capital Account only if one of the following occurs: (a) All of the Member's Membership Interest is purchased or otherwise transferred, subject to the terms of the purchase or other transfer. (b) The Company is dissolved. (c) All the Members consent in writing to return the Member's Capital Account. Any return of capital shall be chargeable only against that Member's Capital Account and only to the extent of the Company's Available Cash. No Member shall have any right to demand a return, withdrawal, or distribution of any of the Company's property except on dissolution of the Company. 3.7 Restoration of Capital Account. If a Member withdraws, receives, encumbers, impairs, or allows the impairment of any portion of the Member's Capital Account or otherwise has a deficit Capital Account in violation of the Operating Agreement, the Member shall repay the deficit amount to the Company in cash. The Member or the Member's estate shall be liable for and shall contribute cash equal to the amount of the deficit as documented by the Managers. The Managers shall not allocate any share of subsequent net profits to the Member's Income Account or make any funds available for distribution to the Member. The Managers shall credit the Member's share of net profits to solely to the Member's Capital Account and shall not Croissant Family Farm, LLC Operating Agreement Page 6 Pori, 4c--- distribute such funds to the Member until the Member's Capital Account has been restored or the encumbrance or impairment is removed. Failure to make repayment shall not be excused by the Member's death, resignation, disability, or inability to perform. Any compromise must be approved by the written consent of all the Members other than the Member obligated under this Section. 3.8 Deficit Capital Account on Dissolution. A Member with a deficit Capital Account shall repay the deficit amount in cash to the Company within 28 days (4 weeks) after the date the Company files Articles of Dissolution. Any compromise must be approved by the written consent of all the Members other than the Member obligated under this Section. 3.9 Rights of Third Parties. No person or entity other than the Company and the other Members shall have any right to compel a Member to make any capital contribution, to repay a return of capital that was made in violation of the Operating Agreement, to restore a deficit Capital Account, to reimburse the Company or a Member because of a deficit Capital Account, or to remove an encumbrance or impairment of a Capital Account. 3.10 Joint Tenancy. If Members make capital contributions to the Company as joint tenants with right of survivorship, they shall document the joint tenancy nature of the contribution in writing with the Company. Contributions by joint tenants shall be presumed to have been made in equal shares unless documented otherwise at the time of the contribution in writing in the Company's books and records. A Membership Interest held in joint tenancy shall have a single corresponding Capital Account and a single Income Account. Joint tenants shall be treated as a single Member for all purposes under the Operating Agreement, including voting. 4. MEMBERSHIP INTERESTS AND DISTRIBUTIONS 4.1 Membership Interests. The Members' percentage ownership interests in the Company shall be documented as Membership Interests in the Company's books and records. The Members shall share in the rights, benefits, duties, obligations, profits, and losses of the Company in proportion to their respective Membership Interests. Membership Interests shall be treated as personal property for all purposes and shall be subject to the restrictions, first rights to purchase, and other terms of the Operating Agreement. 4.2 Initial Membership Interests. The initial Membership Interests of the Members are identified on Schedule B of the Operating Agreement. The Members shall amend Schedule B whenever Members or Membership Interests are changed. 4.3 Relationship to Capital Account. The Members' Membership Interests need not be proportionate to the Members' Capital Accounts. 4.4 Income Accounts. The Company shall maintain a separate Income Account for each Member. Except as otherwise provided by the Operating Agreement, the Managers shall Croissant Family Farm, LLC Operating Agreement Page 7 AN_ 4c- COPY allocate all of the Company's income, profits, losses, gains, deductions, and credits at least annually among the Members' Income Accounts, prorated daily in proportion to the Members' respective Membership Interests. Any distributions to Members shall be made from Income Accounts as provided in the Operating Agreement. No interest shall be paid on any undistributed income. 4.5 Distributions. The Managers shall make distributions to the Members at least annually in proportion to the Members' respective Membership Interests. Distributions shall be made from the Members' respective Income Accounts to the extent of the Company's Available Cash. The Company's Available Cash shall consist of the Company's cash on hand, less all of the following: (a) Cash held in the Members' Capital Accounts. (b) Long-term debt incurred by the Company for operating purposes. (c) Amounts set aside by the Managers for payment of operating expenses or for payment of accrued current obligations through the date of the distribution. (d) Amounts set aside by the Managers as a working capital reserve or to acquire or improve the Company's assets. The Managers may base their determinations on any relevant information, including the Company's balance sheet, profit and loss statement, cash flow statement, and any other records of the Company. 4.6 Adjustments. All allocations and distributions are subject to adjustments for any changes in or transfers of Membership Interests during the tax year and for any other reason under the Operating Agreement. Distributions shall be prorated based on the number of days the Member owned the interest in that year. Allocations and distributions shall not be adjusted solely because the Members' Membership Interests are not proportionate to the Members' Capital Accounts. 4.7 Required Tax Documents. The Managers shall not make a distribution to a person unless the Company has on file the person's tax identification number and any other information requested or required by the Company for tax purposes. 4.8 Cash and In Kind Distributions. Distributions shall be in cash, unless the Managers specifically direct a distribution in the form of real, tangible, intangible, or other non - cash property. No Member, regardless of the nature of the Member's capital contributions, shall have any right to demand a distribution in kind. A Member shall not be required to accept a distribution in kind when other Members are receiving a distribution of cash, except on the Croissant Family Farm, LLC Operating Agreement Page 8 dissolution and winding up of the Company. Any distribution in kind shall be based on the fair market value of the asset to be distributed and may be made so that the asset is distributed in full to a single Member. 4.9 Limitations on Distributions. The Managers shall not make a distribution that: (a) would prevent the Company from paying its debts as they become due in the ordinary course of business; (b) would prevent the Company from paying distributions on dissolution; or (c) would violate any other provision of the Operating Agreement. 4.10 Repayment of Improper Distribution A Member shall promptly return to the Company any portion of a distribution that the Member knew or reasonably should have known at the time of distribution or afterward was made in violation of the Operating Agreement. Any compromise must be approved by the written consent of all the Members other than the Member obligated under this Section. 4.11 Deficit Income Account. Any deficit in a Member's Income Account shall be chargeable only against that Member's Capital Account. 5. TRANSFER OF MEMBERSHIP INTERESTS 5.1 Restrictions on Transfers. The Members agree that Membership Interests shall not be transferred except as allowed by the Operating Agreement. Any Membership Interest that is transferred shall be subject to the transferor's existing outstanding and unpaid debts, liabilities, and obligations to the Company. 5.2 Permitted Transferees. A Member may transfer a Membership Interest by sale, assignment, gift, deed in joint tenancy, will or other testamentary instrument, or in any other manner to any of the following Permitted Transferees: (a) A current Member. (b) The transferring Member's spouse. (c) A person who is or would be the transferring Member's descendant or heir, as defined by the Colorado Probate Code. / (d) A person currently holding the Membership Interest with the transferring Member as joint tenants with right of survivorship. (e) A business entity whose governing instrument limits transfer of the Membership Interest to one or more persons defined as Permitted Transferees under the Operating Agreement. Croissant Family Farm, LLC Outing Agreement Page 9 4e _ _ Ale, '91 COPY (f) A trust whose trust agreement limits transfer of the Membership Interest to one or more persons defined as Permitted Transferees under the Operating Agreement. Any other transfer of an interest in the Company shall be approved by the prior written consent of all the other Members. 5.3 Transfer Documents. A transferee of a Membership Interest shall promptly deliver the following to the Managers: (a) The transferee's tax identification number and all other information needed by the Company for its tax purposes. (b) A written, signed agreement in which the transferee agrees to all provisions of the Operating Agreement, including any amendments. (c) A written, signed assumption of liability in which the transferee assumes all of the obligations and liabilities of the transferor of the Membership Interest. (d) A written, signed determination that that the transfer of the Membership Interest is exempt from registration under federal and state securities laws. (e) Copies of the signed documents of transfer, including but not limited to all documents required to make the transfer effective under the law of the applicable jurisdiction. (f) Any other documents required by the Operating Agreement. (g) Any other documents and information required under the laws of any applicable jurisdiction. (h) A one-time transfer fee of $1,000.00 to the Company. (i) Reimbursement in cash to the Company for all reasonable expenses, including attorney fees, incurred by the Company in connection with the transfer. (j) A capital contribution to the Company in an amount determined by the Managers. All of the above shall be in a form acceptable to the Managers and the Company's legal counsel. Croissant Family Farm, LLC Operating Agreement Page 10 4, Po_ Q- co Y The Managers may waive or modify in writing any of the requirements in (h), (i), and (j) above. 5.4 ExistingLrabilities. Every assignment, gift, sale, purchase, encumbrance, or other transfer of a Membership Interest shall be in writing and shall identify the Membership Interest to be transferred and the transferee by name or other description. Copies of the assignment or other transfer document shall be provided to the other Members. The Membership Interest and corresponding Capital Account on the books of the Company shall be transferred to the transferee subject to all of the transferor's existing liabilities and obligations, including the transferor's cumulative obligations to the Company under the Operating Agreement. 5.5 Management and Voting Rights of Transferee. A transferee of a Membership Interest shall not have any of the management, voting, or other rights of a Member unless the transferee has been admitted as a Member in the manner provided by the Operating Agreement. 5 6 Member's Offer to Purchase. A Member ("Acquiring Member") may offer to purchase the Membership Interest of another Member ("Selling Member") at any time according to the Operating Agreement or under any other terms agreeable to the Members. The Acquiring Member shall deliver to the Managers and all of the other Members a written notice that an offer to purchase has been made. The offer shall state all material facts about the transfer, including but not limited to: (a) a description of the Membership Interest to which the offer applies; (b) the name, business name, address, telephone number, and electronic mail address of the parties to the proposed purchase or sale; (c) the proposed purchase price, terms of payment, interest rate, and payment schedule; and (d) the proposed date, time, and place of closing. Procedures for determining purchase price and terms and the manner of closing shall be as provided in the Operating Agreement. Offers, counteroffers, amendments, acceptances, and other documents pertaining to the transaction shall be in writing and transmitted in the manner required for notices under the Operating Agreement. 5.7 Determination of Purchase Price. Unless otherwise agreed by the parties, the purchase price of all or any part of a Membership Interest or of the entire Company shall be determined as follows: (a) The interest to be purchased shall initially be valued according to the Auctioneer's Opinion of Value dated February 3, 2015 Auctioneer's Opinion of Value dated February 3, 2015 (a copy of which is attached to the Operating Agreement as Schedule C), as that value is adjusted annually by the Certified Public Accountant according to Section 7.2 ofthe Operating Agreement. (b) The initial value of the interest shall be increased by the value of any depreciable property improvements, without adjusting for depreciation. The value shall be further adjusted pro rata according to the percentage Membership Interest to be sold and by any amounts required to restore a negative balance in the selling Member's Capital Account, to repay principal and interest due on any loans made by the Company to a selling Member, and to hold Croissant Family Farm, LLC Operating Agreement Page 11 -*_.....- 6.e.,- Vi— C funds in reserve for anticipated losses or damages (for example, because debt of the Company may be declared in default or because other contract rights of the Company may become impaired because of the sale). Amounts earned but uncollected and amounts incurred but not paid shall be accounted for and may be adjusted for non-collectibility based on the past experience of the Company. The initial value of the interest as so adjusted shall be the purchase price of the interest. (c) For purposes of this Section only, the value of a Membership Interest shall not be discounted for lack of marketability, lack of control, or minority interest. 5.8 Payment Terms. Unless otherwise agreed by the parties, the terms of payment in a sale or purchase of any part of a Membership Interest or of the entire Company shall be as follows: (a) When a person other than a Permitted Transferee purchases a Membership Interest, the buyer shall pay the entire sum to the seller in cash or certified funds at closing. (b) When a Permitted Transferee purchases a Membership Interest, then the buyer shall pay the entire sum to the seller in cash or certified funds at closing, if the purchase price is $10,000.00 or less. If the purchase price is greater than $10,000.00, then the buyer shall pay a down payment of 25% of the purchase price to the seller (or more, at the buyer's option) in cash or certified funds at closing. The balance shall be paid in five equal yearly payments of principal and interest beginning on the first day of the second month after the date of closing. Interest shall be compounded annually and computed against the outstanding principal balance at the prevailing prime interest rate charged by First National Bank, Fort Collins, Colorado on the last day of the month immediately preceding the date of closing. As evidence of the debt, the purchaser shall deliver to the seller a promissory note, which shall allow prepayment of all or any part of the principal balance of the note at any time without penalty or premium. The promissory note shall be secured by a pledge of the interest purchased. 5.9 First Right to Purchase Membership Interest. As of the date that any part of a Member's Membership Interest becomes subject to any of the following events or conditions, the other Members shall have a first and prior right to purchase that part of the Membership Interest: (a) The Member transfers or attempts to transfer any part of the Member's Membership Interest to anyone other than a Permitted Transferee. (b) The Member offers for sale or accepts an offer to purchase any part of the Member's Membership Interest to anyone other than a Permitted Transferee. (c) Any part of the Member's Membership Interest becomes encumbered or subject to involuntary transfer or transfer by operation of law. Croissant Family Farm, LLC Operatmg Agreement Page 12 (d) The Member assigns any part of the Member's Membership Interest to or for the benefit of any creditor. (e) The Member is subject, voluntarily or involuntarily, to a bankruptcy, reorganization, liquidation, dissolution, receivership, or similar proceeding. 5.10 Manner of Exercising Right to Purchase. A right to purchase a Membership Interest under the Operating Agreement shall be personal to each of the Members other than the Member whose Membership Interest has become subject to the right. A Member's right to purchase shall not expire until 28 days (4 weeks) after every Member has received a written notice that the Membership Interest has become subject to the right or has otherwise become aware of the event giving rise to the right of purchase. To exercise the right to purchase, the Member shall deliver to the Managers and all the other Members before that expiration date a written notice exercising the right to purchase. 5.11 Contents of Notice Exercising Right to Purchase. A notice exercising a right to purchase a Member's Membership Interest shall state all material facts about the transfer, including but not limited to: (a) a description of the Membership Interest to which the offer applies; (b) the name, business name, address, telephone number, and electronic mail address of the parties to the proposed purchase or sale; (c) the proposed purchase price, terms of payment, interest rate, and payment schedule; and (d) the proposed date, time, and place of closing. 5.12 Proportionate Right to Purchase. A Member exercising a first right to purchase a Membership Interest under the Operating Agreement may only purchase a percentage of the interest proportionate to the Member's percentage Membership Interest, as determined without regard to the interest to be purchased. If fewer than all the Members exercise the first right to purchase within the time provided in this Article, then the other Members who have exercised the first right to purchase shall have a proportionate second right to purchase the balance of the interest. The second right to purchase shall be exercised by delivering an additional notice of exercise of right to purchase to the original recipients of the original notice of exercise within 14 days (2 weeks) after delivery of the original notice of exercise to all Members. 5.13 Non Exercise of Right to Purchase. If a Membership Interest is subject to a right to purchase under the Operating Agreement and the other Members do not exercise their rights to purchase as to a portion of the Membership Interest, then the Member or the personal representative of the deceased Member owning that portion may transfer that portion according to the original notice of offer or, if none, in any manner desired by the Member or personal representative. If the Member or personal representative does not complete the transfer of that portion the Membership Interest within 28 days (4 weeks) after the last exercise period has expired, then the other Members' first rights to purchase under this Article shall again apply to any attempted transfer of that portion. Croissant Family Farm, LLC Operating Agreement Page 13 � P.9 -e- 9e-- 5.14 Expenses. Unless otherwise agreed by the Members and Managers, the transferor of a Membership Interest shall promptly pay all expenses, tax liabilities, accountant and bookkeeping fees, and attorney fees and costs, including any losses or expenses incurred by the Company or the Members in connection with the transfer or attempted transfer. 5.15 Voluntary Buy -Sell. A Member may at any time deliver a written notice to all the other Members and Managers requesting that one or more Members purchase all or part of the initiating Member's Membership Interest. The notice shall include the initiating Member's resignation as Member, Managers, and employee of the Company, as applicable, effective as of the closing date of the sale. The notice shall specifically refer to this paragraph of the Operating Agreement and shall state the purchase price and terms of the Member's offer to sell. Unless otherwise agreed by the parties to the transaction, the purchase price and terms of payment shall be determined according to the Operating Agreement. The other Members shall have proportionate rights to accept the offer as provided by the Operating Agreement. Those Members may accept the offer by delivering a written acceptance to the initiating Member within 56 days (8 weeks) after the date that all Members receive the notice. The closing date of the sale shall be not later than 28 days (4 weeks) after the last acceptance period has expired. 5.16 Forced Buy -Sell. A Member may at any time deliver a written notice to all the other Members and Managers of the initiating Member's intent to sell all of the Member's Membership Interest to the other Members or to buy all of the other Members' Membership Interests. The notice shall specifically refer to this paragraph of the Operating Agreement and shall state the purchase price and terms of the Member's offer to sell. The purchase price and terms of payment shall be determined according to the Operating Agreement. The other Members may accept the offer by delivering a written acceptance to the initiating Member within 56 days (8 weeks) after the date that all Members receive the notice. The other Members shall have the proportionate rights to accept the offer provided by the Operating Agreement. If all the other Members accept the offer, then the initiating Member shall sell the Member's Membership Interest according to the terms stated in the offer. If fewer than all the Members accept the offer, then the initiating Member shall purchase all of the other Members' Membership Interests according to the same purchase price and terms. The closing date of the sale or purchase shall be not later than 28 days (4 weeks) after the last acceptance period has expired. 5.17 No Limitation or Waiver. Initial determinations of value, adjustments to value, purchase price, offers, fair market values, book values, cash values, appraisals, market valuations, and all other factors used in determining the purchase price of a Membership Interest or of the Company shall not constitute a limitation on or waiver of any actual or potential claim of a Member or the Company. 5.18 Offer and Acceptance. Offers, counteroffers, acceptances, rejections, and amendments in any purchase and sale of Membership Interests or of the Company shall be in Croissant Family Farm, LLC Operating Agreement Page 14 C.PY writing and delivered to all Members in the manner required for notices under the Operating Agreement. 5.19 Closing. Unless otherwise agreed by the Members, any transfer of Membership Interests or the Company shall be conducted during normal business hours at the Company's principal business office. The interest shall be transferred to the purchaser at the closing. The Company shall adjust its books and records, including any changes in Membership Interests, as of the date of closing. 5.20 Other Terms of Transfer. All the Members may agree in writing to transfer a Membership Interest for no consideration or to transfer a Membership Interest under terms and procedures different from those stated in the Operating Agreement. 6. MEMBERS 6.1 Status of Members. All Members shall be designated as such in the Company's records. The Company's records shall show the date on which a Member was admitted and the date of any change in a Member's status as a qualified Member. Members shall have only the voting, management, and other rights specified in the Operating Agreement. 6.2 Qualifications ofMembers. Members shall be natural persons at least 18 years old or shall be corporations, trusts, or other entities. Members need not be Colorado residents. Every Member, including a sole Member of the Company, shall have or acquire a Membership Interest and make capital contributions in the manner provided by the Operating Agreement. However, a person or entity acquiring a Membership Interest shall not be a Member until the person or entity is admitted as a new Member according to the Operating Agreement. 6.3 Rights of Non Member Transferee or Disqualified Member. A transferee of a Membership Interest who has not been admitted as a Member, or a Member that has become disqualified as a Member, shall hold only an economic interest in the Company. A non -Member transferee or disqualified Member shall not have or exercise any of the management, voting, or other rights of a Member. The Managers shall not allow a non -Member transferee or disqualified Member to receive or review any of the Company's information, accounting, books, or records. The non -Member transferee or disqualified Member shall be entitled only to the allocations and distributions provided in the Operating Agreement with respect to the interest transferred, except that the Managers may first apply such allocations and distributions toward any debts, obligations, or liability for damages that the non -Member transferee or disqualified Member has or may have to the other Members or to the Company. None of the provisions of this Section shall limit any of the legal or equitable rights and remedies that are or maybe otherwise available to the Members or the Company. 6.4 Admission ofPermitted Transferee as Member. After delivering to the Company Croissant Family Farm, LLC Operating Agreement Page 15 PY all of the documents required by the Operating Agreement, a transferee of a Membership Interest who is a Permitted Transferee shall be admitted as a Member for all purposes without approval or vote of the Managers or the other Members. 6.5 Admission of Transferee Other Than Permitted Transferee As Member. A transferee of a Membership Interest who is not a Permitted Transferee shall be admitted as a Member only after the transferee submits the documents and information required by the Operating Agreement and after the other Members have unanimously agreed in writing to admit the transferee as a Member. 6.6 Resignation of Member. If a Member resigns by giving a written notice to the other Members and the Managers, then the Member's resignation shall be effective on the date stated in the notice, or if no date is stated then on the date the notice is received by the other Members and the Managers. A retirement, dissociation, or withdrawal of a Member shall be treated as a resignation. The resignation, removal, or disability of a Manager who is a Member shall not automatically constitute a resignation of the person as Member. 6.7 Disqualified Member. A Member shall cease to be qualified as a Member as of the date on which any of the following occurs: (a) The Member that is an estate, trust, or business entity ceases operations or is closed, terminated, or dissolved. (b) The Member resigns from the Company. (c) The Member sells or otherwise transfers all or substantially all of the Member's Membership Interest. (d) The Member withdraws all or substantially all of the Member's Capital Account in violation of the Operating Agreement. The disqualification shall be effective without vote, action, or notice by the other Members. The Managers shall give an advisory notice to all Members of the Member's disqualification, but the disqualification shall be effective regardless of whether or when the advisory notice was sent or received. 6.8 Liability ofResigne4 Disqualified Disabled, or Deceased Member. A Member's resignation, disqualification, disability, death, or other inability to perform shall not discharge or alter any debt, liability, or other obligation the Member or the Member's estate may have to the Company. The Company may offset any debts, payments, or damages owed to the Company against any amount that would otherwise have been distributable to the Member, the Member's estate, or any creditor of the Member. Croissant Family Farm, LLC Operating Agreement Page 16 J 6.9 Notice to Legal Representative. On receiving notice that an agent, guardian, conservator, personal representative, executor, public administrator, or other legal representative has been appointed and is acting on behalf of a Member or a deceased Member's estate, the Managers shall promptly deliver a copy of the Operating Agreement and any amendments to the legal representative. 7. AUTHORITY OF MEMBERS 7.1 Scope of Authority. The authority of the Members shall be limited solely to the matters specified in the Operating Agreement. Members are not agents of the Company for any purpose and shall not act as agents of the Company unless they also serve as Managers or unless the Member is designated in writing as an agent of the Company. 7.2 Annual Meeting. The Members shall hold an annual meeting in each calendar year. However, the Company shall not be dissolved solely due to a failure to hold a formal annual meeting. At the annual meeting, the Members shall elect Managers, discuss and vote on approval of the Company's balance sheet, and discuss and vote on approval of the Company's annual plan and operating budget. The Members shall discuss and vote on the Certified Public Accountant's annual adjustments to the values shown in the Auctioneer's Opinion of Value dated February 3, 2015 (Schedule C). All annual adjustments approved by the Members shall be automatically incorporated into and made part of the Operating Agreement for purposes, including Section 5.7 of the Operating Agreement. 7.3 Meetings of Members. The Members may hold meetings at any time and place agreed to in advance by all the Members. Meetings may be held for any purpose required or permitted under the Operating Agreement and for discussing and voting on any matters of concern to the Members, the Managers, or the Company. 7.4 Quorum for Meetings of Members. Decisions taken at a meeting of the Members shall not be valid unless a quorum is present at the beginning of the meeting. A quorum is present if Members cumulatively holding at least 51% of the Membership Interests are present or represented by proxy. 7.5 Electronic Participation. Members may participate in meetings by telephone or other electronic media through which all Members participating may simultaneously hear or otherwise communicate with each other. A Member who participates by such means at the beginning of the meeting shall be counted as present at the meeting for purposes of determining quorum. Croissant Family Farm, LLC Operating Agreement Page 17 I zr__-- eV., gc-- 7.6 Objection to Meeting. A Member who objects to holding a meeting, transacting business at the meeting, or the scope of business of the meeting must enter the objection at or before the beginning of the meeting. Otherwise, the Member waives the objection. 7.7 Record of Meeting. Any Member may arrange for stenographic or electronic recording of a meeting, at that Member's expense. 7.8 Decisions ofMembers. Unless otherwise specified in the Operating Agreement, all decisions for which a vote of the Members is required or permitted under the Operating Agreement, the Articles of Organization, or the Act shall be made by the affirmative vote or written consent of Members cumulatively holding at least 51% of the Membership Interests. Members shall sign all consents, resolutions, and other approvals either by handwritten signature or by the Member's customary electronic signature. 7.9 Entitlement to Vote or Consent. A person or entity that has not been admitted as a Member or that has been disqualified as a Member shall not participate in any vote, meeting, decision, consent, resolution, approval, or other action of the Members. 7.10 Vote By Proxy or Agent. A Member entitled to vote may appoint a person by signed, written proxy to vote, consent, or otherwise to act as directed by the Member in any decision of the Members required or permitted under the Operating Agreement. The Member's guardian or agent under power of attorney may act as proxy for the Member or appoint another to act as proxy for the Member if authorized to do so in the document appointing the guardian or agent. 7.11 Effective Dates and Records of Decisions. Decisions of the Members shall be effective on the date the Members' vote was completed, on the date the required number of Members have signed a written consent or resolution, or on the effective date stated in the written consent or resolution. The Managers shall keep signed consents and resolutions and written records of all votes with the Company's records. 7.12 Actions Requiring Vote ofthe Members. The affirmative vote or written consent of Members cumulatively holding at least 51% ofthe Membership Interests shall be required before the Managers may take any of the following actions: (a) (b) (c) (d) Calling for Members to make additional capital contributions. Changing the percentage interests of Members. Distributing net profits to any person other than a Member. Assuming the debt of any person or entity. Croissant Family Farm, LLC Operating Agreement Page 18 Po. (e) Amending the Articles of Organization or the Operating Agreement. (f) Allowing a prospective Member to participate in a vote to amend the Articles of Organization or the Operating Agreement when the amendment would be effective before the person or entity has been admitted as a Member. (g) Merging with another entity or converting the Company to another entity. (h) Electing Managers. (i) Changing the maximum number of Managers. (j) Approving salaries and reimbursement of expenses to Managers. (k) Approving payment of fees or commissions to a Member or Manager in connection with the Company's purchase or sale of real property. (1) Authorizing or ratifying a transaction in which a Member or Manager competes with or has a conflict of interest with the Company, after the Member or Manager has fully disclosed all material facts to the Members. (m) Dissolving the Company. 7.13 Actions Requiring Unanimous Approval of Members. The affirmative vote or written consent of all the Members shall be required before the Managers may take any of the following actions: (a) Admitting new Members. (b) Using any of the Company's real property, including water and mineral rights, as collateral. (c) Buying, selling, or exchanging any real property, including water and mineral rights, on behalf of the Company. (d) Leasing real or personal property of the Company. (e) Assuming the debt of any person or entity. (f) Malang, executing, or delivering on behalf of the Company any indemnity Croissant Family Farm, LLC Operating Agreement Page 19 or surety bond, guaranty, or an assignment for the benefit of creditors. (g) Consenting to formal arbitration of any dispute, unless required by a separate agreement or contract. 8. MANAGERS 8.1 Status of Managers. All Managers shall be appointed by the Members. All Managers shall be designated as such in the Company's records. The Company's records shall show the date on which the Manager takes and the date of any change in status as Manager. 8.2 Qualifications of Managers. Managers shall be natural persons at least 18 years old, corporations, trusts, or other entities. Managers need not be Colorado residents. A Manager need not be a Member of the Company. 8.3 Number ofManagers. The Company shall always have at least one Manager and no more than three Managers. The initial number of Managers is one. So long as the Company has at least one Manager, any failure to fill all Manager positions at all times shall not affect the continued existence of the Company, the authority of the Managers, or the legality of actions taken by the Managers. 8.4 Titles ofManagers. Each Manager shall be designated in the Company's records and to third parties as "Manager" or, if the Manager is also a Member, as "Member -manager." 8.5 Compensation of Managers. Managers shall be entitled to reasonable compensation for services rendered to or for the Company and to reimbursement for reasonable expenses incurred in connection with performing such services. All compensation agreements shall be in writing, approved by a majority in interest of the Members, and kept with the Company's records. 8.6 Term of Office. A Manager shall serve until the next annual meeting of the Members, unless the Manager resigns, dies, or is removed by the Members before then. 8.7 Delegation ofAuthority. Managers may delegate any of their authority to another person or entity. Any delegation shall be in writing, signed by the Managers, and delivered to the Members. 8.8 Resignation of Manager. A Manager may resign as Manager by giving written notice to the other Managers and all the Members. The resignation of a Manager shall be effective on the date stated in the notice, whether or not it is accepted by the other Managers or Members. Croissant Family Farm, LLC Operating Agreement Page 20 ._. act e 576 8.9 Disability of Manager. The authority of any Manager shall be suspended during any period of disability, as defined by the Operating Agreement. Any Manager under a disability may be removed by vote of all the other Members other that the Manager whose removal is at issue. 8.10 No Discharge of Responsibility. A Manager's resignation, removal, or disability shall not discharge the Manager of responsibility for any of the Manager's acts or failure to act while serving as Manager. 9. AUTHORITY AND DUTIES OF MANAGERS 9.1 Authority ofManagers. The Managers have the sole authority and responsibility to make daily management and operational decisions concerning the Company, other than decisions reserved to the Members in the Operating Agreement. The Managers shall take all actions that may be necessary or appropriate in the Company's interest according to the business judgment rule. Managers shall have the duties and obligations of fiduciaries under Colorado law. 9.2 Manager's Authority to Act. Except as otherwise provided by the Operating Agreement, any one or more of the Managers, acting separately or jointly, shall have full authority to manage the Company and to act for and in the name of the Company in all respects. The powers of the Managers shall include but not be limited to: (a) Opening, closing, and transferring bank, savings, credit union, investment, stock, and other financial accounts in the name of the Company; issuing checks, electronic transfers, and other payments; endorsing checks and drafts; withdrawing, depositing, and transferring funds; acquiring and redeeming certificates of deposit; borrowing money for the Company's business; and conducting all other financial transactions on behalf of the Company. (b) Obtaining, using, changing, and acquiring rights in the Company's online identifications, user names, passwords, and identification numbers to access, view, use, transfer, and download digital files and documents from electronic accounts, digital media file accounts, Internet websites, intranet sites, data storage sites, and electronic channels of communication for any purpose. (c) Repairing, maintaining, and improving any real property and personal property on behalf of the Company. (d) Preparing, signing, consenting to, delivering, recording, and filing any title, deed, deed of trust, security agreement, lease agreement, record, Croissant Family Farm, LLC Operating Agreement Page 21 Pw 9i-- report, tax return, notice, claim, and any other document or communication, in any jurisdiction, that may be necessary, desirable, or required to accomplish a purpose of a transaction or to safeguard or promote any of the Company's interests. (e) Seeking the assistance of a court, governmental agency, or means of alternative dispute resolution with respect to any present or future claim by or against the Company, to safeguard the Company's interests, or otherwise act on the Company's behalf. (f) Engaging, compensating, and discharging experts, advisors, agents, contractors, and employees. (g) Dealing in any manner with any invention, process, copyright, trademark, business data, business or trade secret, business method, client or customer list, dealership, franchise, license, manufacturing process, or other tangible, intangible, creative, and intellectual property or data. 9.4 Agents of the Company. The Managers may appoint one or more agents to carry out duties and exercise authority as designated by the Managers. Agents shall be at least 18 years of age. Agents shall not take actions outside the ordinary course of the Company's business without the prior written consent of the Managers. 9.5 Managers' Devotion to Duty Managers shall devote reasonable time, attention, and effort to the Company's business. Managers may engage in any business and investment activities that do not materially impair the Company's operations or profits. However, a Manager does not violate a duty or obligation to the Company solely because the Manager's conduct furthers the Manager's own interest. 9.6 Competing or Conflicting Transaction. A Manager may contract with any Manager, Member, or affiliate to provide services to or for the Company for profit. A Manager may engage in any business or investment activities that may constitute an actual or apparent conflict of interest with the Company, the other Managers, or the Members. However, if a Manager engages in an activity or transaction that is likely to materially impair the Company's profits, the Manager shall promptly disclose all material facts ofthe activity or transaction to the other Managers and Members and shall suspend the activity until all the Members, other than the Manager, have voted to approve or ratify the Manager's participation in the activity or transaction. 9.7 Meetings of Managers The Managers may hold meetings at any time and place agreed to by all the Managers. The Managers may establish a schedule of periodic meetings for which no further notice shall be required. Any Manager may call a meeting of the Managers on Croissant Family Farm, LLC Operating Agreement Page 22 PY at least 72 hours' advance notice by delivering a notice to all the Managers stating a reasonable date, time, and location for the meeting. A Manager who attends a meeting waives any objection based on lack of notice or defective notice unless the Manager makes the objection at the beginning of the meeting. 9.8 Electronic Participation in Meeting of Managers. Managers may participate in meetings by telephone or other electronic media through which all Managers participating may simultaneously hear or otherwise communicate with each other. 9.9 Decisions ofManagers. A decision of the Managers shall constitute the decision and act of the Company and shall be effective on the date the Managers' vote was completed, on the date the required number of Managers have signed a written memorandum or other document, or on the effective date stated in the written memorandum as signed. 9.10 Records of Managers' Actions The Managers shall keep written records of their actions and copies of all memoranda and other documents signed by the Managers with the Company's records. 10. ACCOUNTING AND RECORDS 10.1 Fiscal Year. The Company's fiscal year shall be the calendar year for both tax and fmancial reporting purposes. Books shall be closed as ofDecember 31 each year and balanced on or before March 15 of the next year. 10.2 Certified Public Accountant. The Members shall appoint a Certified Public Accountant to prepare profit and loss statements, balance sheets, and tax returns and statements. On each year-end balance sheet, the Certified Public Accountant shall include any adjustments to the values shown in the Auctioneer's Opinion of Value dated February 3, 2015, a copy of which is attached to the Operating Agreement as Schedule C, for approval at the annual meeting of the Members. 10.3 Method ofAccounting. Books shall be maintained according to generally accepted accounting principles. Books may be maintained on a cash or accrual basis, as determined by the Company's Certified Public Accountant. 10.4 Audit. One or more Members may demand an audit of the Company's books at the expense of the Members making the demand. Any such audit shall be conducted for whole, completed fiscal years only. If the auditor's report identifies malfeasance or mismanagement by any of the Members or Managers, the Company shall reimburse the Members who initiated the audit for the cost of the audit and may seek reimbursement from the responsible persons. Croissant Family Farm, LLC Operating Agreement Page 23 PY 10.5 Tax Elections The Company may make any advantageous elections allowed for tax purposes, including but not limited to: (a) Making special allocations under Internal Revenue Code section 704 and corresponding regulations. (b) Making basis adjustments in connection with the transfer of a Member's percentage interest and elections under Internal Revenue Code section 732 and 754 and corresponding regulations. (c) Using accelerated depreciation for depreciable assets. (d) Capitalizing organizational expenses and amortizing them over the period allowed by the Internal Revenue Code and corresponding regulations. (e) Electing treatment as an S Corporation or conversion of the Company to a different form of entity. 10.6 Tax Reporting. By March 31 in each calendar year, or sooner if required by the Internal Revenue Code and corresponding regulations, the Managers shall deliver to the Members any required Form K-1, Form 1099, and other forms, reports, and information needed by the Members to prepare individual federal and state tax returns. 10.7 Required Books and Records. Managers shall maintain the following books and records at the principal office of the Company, the office of the Company's Certified Public Accountant, or any other place designated by the Managers: (a) The Company's Articles of Organization, Operating Agreement, and any amendments. (b) A current list of the name and contact information of each Member and Manager, including the last -known business, residence, or mailing address. (c) Copies of the Company's federal, state, and local income tax returns for all years of operation. (d) True and full information regarding the business and financial condition of the Company and any written consents, resolutions, and minutes. (e) True and full information regarding the amount of cash and a description and statement of the agreed value of any other property or services that Croissant Family Farm, LLC Operating Agreement Page 24 Zs he- 9G. PY liquidating the Company's assets, and distributing the assets according to the Operating Agreement. 11.3 Required Distributions on Dissolution. Assets shall be converted to cash and distributed, or shall be distributed in kind, in the following order: (a) First, in payment of the Company's secured and unsecured liabilities. (b) Second, in payment of reasonable compensation and expenses incurred in the dissolution. (c) Third, in payment to the Members for the return of their capital contributions. 11.4 Final Distributions on Dissolution. Any assets remaining after making all other required distributions shall be distributed to the Members in proportion to their Membership Interests before dissolution. 11.5 Dissolution If No Members. If the Company has no Members, the legal representative of the last person to have been a Member shall be deemed to be the sole Manager for purposes of winding up the Company's business. If the legal representative declines or fails to wind up the Company's business, the persons owning a majority of the rights to receive distributions shall appoint a person do so, and the appointee shall be deemed the sole Manager for these purposes. 12. RESOLUTION OF DISPUTES 12.1 Required Mediation. The Members shall make their best efforts to resolve any disagreements without court action. Any dispute, claim, or controversy, arising out of or relating to the interpretation of the Operating Agreement or a claimed breach of the Operating Agreement shall be first submitted to mediation before the Company or any Manager, Member, or former Manager or Member commences litigation. Mediation shall be conducted at any place agreeable to a majority of the Members and by a mediator qualified and experienced in business mediation selected by a majority of the Members. All those involved in the dispute, claim, or controversy shall make a good faith effort to resolve the issues in mediation and shall share equally in the costs of mediation. If any Manager, Member, or any former Manager or Member commences litigation without first submitting the matter to mediation under this Article, then the court in its discretion shall require early mediation under the auspices of a settlement judge or other qualified mediator. 12.2 Jurisdiction and Venue. If court action is required, venue and jurisdiction shall be in the courts of Weld County, Colorado. However, if the Members or Managers change the Croissant Family Farm, LLC Operating Agreement Page 26 0,_ Py- -9 Company's principal place of business to another location, then the state court with jurisdiction in the county at that location shall have jurisdiction and venue. 12.3 Attorney Fees. In any court action concerning the Operating Agreement or any other contract relating to the Company, the prevailing party shall be entitled to an award of reasonable attorney fees and costs, including those on appeal, from the non -prevailing party or parties. 13. DEFINITIONS 13.1 Disability. A person or entity shall be "under a disability" or "disabled" for purposes of the Operating Agreement if the person or entity: (a) sends a notice of disability to the Members for this purpose; (b) becomes subject to court proceedings in bankruptcy, receivership, guardianship, or conservatorship; (c) is dissolved or is winding up its business; or (d) is unable to or has ceased to perform the majority of the person's or entity's usual and customary duties with respect to the Company's business for a period of six months or more. A formal adjudication of incapacity may be obtained but shall not be required to establish the disability of a person. 13.2 Encumbrance. For any purpose under the Operating Agreement, an "encumbrance" of an interest in the Company includes any actual, pending, proposed, or anticipated lien, mortgage, collateral agreement, security agreement, charging order, judgment, decree, claim, petition in bankruptcy, assignment for benefit of creditors, or other obligation affecting the interest, whether voluntary, involuntary, or by operation of law. An interest in the Company shall be deemed encumbered if an involuntary proceeding is filed against the holder of the interest seeking bankruptcy, reorganization, liquidation, dissolution, receivership, or similar relief and the proceeding is not dismissed within 120 days after the proceeding is filed. 13.3 Transfer. For any purpose under the Operating Agreement, a "transfer" of an interest in the Company includes any actual, pending, proposed, or anticipated sale, purchase, offer to sell, offer to buy, gift, devise by will or other testamentary instrument, or other conveyance of the interest. 13.4 Days. References to a "day" or "days" shall mean a calendar day or days and shall include days that fall on legal holidays or weekends. 13.5 Number and Gender. Unless the context requires otherwise, words denoting the singular may be construed as denoting the plural, and words denoting the plural may be construed as denoting the singular. Words of one gender shall be construed as denoting another gender, if appropriate. 13.6 Spouse, Child and Descendant. The terms "spouse," "child," and "descendant," as well as the relationship of parent and child, shall have the meanings defined by the Colorado Croissant Family Farm, LLC Operating Agreement Page 27 C Probate Code and other Colorado law. 14. INTERPRETATION AND ENFORCEMENT 14.1 Good Faith and Fair Dealing. Members and Managers shall exercise their rights and perform their duties under the Operating Agreement consistently with the contractual obligation of good faith and fair dealing. A Member shall not be liable for any loss or damage to the Company to the extent that the Member or Manager proves that the act or failure to act was taken in good faith to promote the Company's best interests. 14.2 Incorporation by Reference. All exhibits, schedules, and other documents, that accompany this Agreement or that are referred to in this Agreement are incorporated by reference and shall be treated as a material and integral part of this Agreement. 14.3 Amendment of Operating Agreement. Any modification or amendment of the Operating Agreement must be in writing and approved by the Members. Any oral or other attempted amendment or modification of the Operating Agreement shall be void and unenforceable. 14.4 Assignment. The rights, interests, and obligations set forth in this Agreement shall not be assigned to a creditor or third party unless allowed by the Operating Agreement or unless all the Members have given their prior written consent. Any purported assignment without such consent shall be void and unenforceable. 14.5 Cumulative Rights. The rights and remedies provided in the Operating Agreement are cumulative and the use of any right or remedy does not limit a party's right to use any or all other remedies. All rights and remedies in the Operating Agreement are in addition to any other legal rights the parties may have. 14.6 Waiver Any waiver must be in writing. A Member's failure to insist on the strict performance of any provision of this Agreement shall not constitute a waiver of any of the Member's right to enforce the provision or any other provision of this Agreement at a later time. 14.7 Jurisdiction and Venue. The courts of Weld County, Colorado shall have jurisdiction and venue of any court action concerning the Operating Agreement or any contract under the Operating Agreement, unless the Managers change the Company's principal place of business to another location, in which case the state court with jurisdiction in the county at that location shall have jurisdiction and venue. 14.8 Severability. If any word, phrase, or other provision of this Agreement is found by a court to be illegal, invalid, or unenforceable, then that word, phrase, or provision shall be severed and shall not impair the legality, validity, or enforceability of the remainder of the Croissant Family Farm, LLC Operating Agreement Page 28 Oe- 49'4- Agreement. 14.9 Headings. The headings in this document are solely for convenience or reference and shall be given no effect in construing or interpreting this Agreement. 14.10 Notices. Any notice required or permitted by the Operating Agreement shall be in writing and shall be delivered by personal delivery, email or other electronic transmission, facsimile, overnight delivery service with tracking requested, or certified U.S. Mail return receipt requested. The sender shall prepay all postage and delivery charges. Notices shall be directed to the recipient's postal address, physical address, facsimile number, or electronic address then on file with the Company. 14.11 Communications Among Members and Managers. If desired, Members and Managers may communicate with each other and deliver information and documents other than notices required by the Operating Agreement by text message, by electronic mail, or by providing access to electronic storage. The intended recipient shall first agree to the method of communication and delivery and shall be provided all passwords, security measures, and instructions needed to obtain delivery of or gain access to the communications, information, or documents. 14.12 Change of Contact Information. Members and Managers shall notify each other of any change in postal address, physical address, telephone number, facsimile number, electronic mail address, or contact information by notice delivered according to the Operating Agreement. 15. ACKNOWLEDGEMENTS AND SIGNATURES 15.1 Acknowledgements. By signing this document, the Members acknowledge that they have read this Agreement in its entirety and that they understand each of its provisions. The Members acknowledge that they have each had sufficient time to seek and receive advice and counsel from attorneys, accountants, and other advisors to the extent desired before signing this Agreement. 15.2 Entire Agreement. This document replaces all prior written and oral agreements and understandings of the Members with respect to all matters within the scope of this document. 15.3 Signatures and Counterparts. A signature on this document that is transmitted by electronic mail, facsimile, or other electronic means shall be as effective as an original signature. Separate, identical copies of this document may be signed and, taken together, shall be effective as a single signed document. CROISSANT FAMILY FARM, LLC Croissant Family Farm, LLC Operating Agreement Page 29 e__, e..-- 9a- Signed: I f?-3�/1S Larry L. Cr gi t, Member 49316 County Road 83 Briggsdale, CO 80611 (970) 656-3545 IcroissanK wigginsteL com Signed: PJZ- Cut i 24/zo/≤ Patricia Jean Croissang Member 49316 County Road 83 Briggsdale, CO 80611 (970) 656-3545 Icroissant@wiggmsteLcom Signed. James D 26442 County Road 15 Johnstown, CO 80534 (970) 218-6507 jcrois1017@aol.com r 4 ..., j._..t, roissant, Member and Initial Manager Croissant Family Farm, LLC Operating Agreement Page 30 I r _C'T5 ARTICLES OF !NCCL'ORATIO' OI J r i V� , N I .� COULSON EXCAVAZING COMPANY. INC re, the andereigned natural pererne, each more than twenty- me (21) years of age, act.ng ar rr,corporatore in order to organize and establish ^ corperation under 1,d pureuart tc the Cclnrado Corporation Code, hereby adopt the collot,tng 1tticle, of Incorporation. ARTICLE I The name of the corporation is Coulson Exca%ating Company, Inc ARTaCLE II The period of duration of the corporation shall e perpetual ARTICII lit Tote purposes for which the a orporation is organized are as follows (,t) To crest, construct, maintain, imp.ove, rebuild. enlarge, altet, manage, and control, directly or through ownerahip of stock of any corpora'',n, any and all kinds of roads, htc!.raays, brid,er, dams, exe .ration_, utilities, ditches. canals, teservnirs, buildings, Minces, stores, offices, shops, sarehou,'', factories, mills, mar'rinery, and pllnts, and any and a1. other structures and eeectlon9 whit!' may at any •.toe be necessary, useful, or advantageous, for the purposes of th- corporation, and e'iich can lauf'llly be done ut\le• the laws of the Slate of Coloredo (b) To buy, sell, iervire, rcpatr, :en., and tr'do anal and ill items of real or Ftrsonal propeety of any nature int c'escription In the field of retail or wh-leaale trarce .nd merchar,Jrsing (c) To produce, sort. grade, crush hail Loy and sell roc'. iLt,lea ,, 1l'grerate, and ether ear l'1 of mineral i aaad r tof any 1rll,re n d.'er iption and to othcra lne , undue t goat re r nclrat t ne nr ha v i ec to (d) To take, buy, exc,ange lease of otheratse aco' Ire persc'tal ptepaIIV, chat lcls, rlia,ntti, eas'mants, lrtefIa,r•, ir2.; in a, t n at boric, morti,ao .. ,,racuri t real e- ate, ar' 'rot ,ny int r „r a a at torte to I , ! la 101d a a , opt a its II X111 t L, I 11 ' , (.1- , tl a 111 1 1 1 I, 1 I, \ 1 control directly or through ownership of stock in any other corporation, any and all kinds of said prone:ties and 1mpiovements therein, as may be necessary, useful or advantageous for thi, cl•porazion and may be lawfully acquired aui held by it under the laws of the State of Colorado. (e) Tc allow or cause the legal estate and .'iterest in any business or property acquired, establL9 hed or carried on by the company, to remain or be vested or registered in the name of, or be carried on ty, any individual or any foreign or otter company formed, or to be formed, eithei upon trust for, or as agent o: nominee: of this company, or upon, any other terms or conditions which the Board of Directors nay considc',, for the benefit of this company. To manage the offal's or take over and carry on the taus was of any such individual or company, either by acquiring the whole or part of the shares 02 stock or bonds, dobentures cr other securities thereof, or otnerwtc.c whatsoever, or howsoever, and to exercise all or any of the powtrs of any said individual or company, or of holders of r.haLt's or debentures or securities thereof, and to receive and distribute as pro'its, the dividereis and interest on such shares, stock, debentures or _securities, (f) To merchandise, supervise, advertise aid function efficiently and to luy on a most economical basis, for the benefit of all stockhuldeis as herein prov.ded and as may be from time to time' stipulated in the By-laws of the Corporation. (g) To cause to he farmed, merged, or re-r4,anized or liqu:iated, and to prorote, take enrol of, and aid in any way per'nr'ted by law the formation,}rlerger, l qu.dation or reorganization of a.ty corporation, association, or o •ganization of any kind, dome• tic •,r foreign, and to form, organize promote, manage, control,and maintain and dissolve, merge or consolidate one or more corporation, in he shares or securities of which the corporation may be or becort.' int:rested, for su:h purposes or purpose as may ,rid or advance the obi is is and purposes of this cc+rnointion (h) lo -ipply for, research, dc'elop, ontarn, purr h,Nc• Ita,4, , t ,k• lieen,e4 in reRpect of, ot ,ohciwi.c Idiot, a I t 4,i r I use, operate, enjoy, turn to accoutt, grant licenses n respect of, manufacture hider, introduce, sell, assign, mortgage, pledge of otherwise dispose of, any and all inventions, devices, processes and au improveaents and modifications thereof (i) To pursue, procure, control, rat.age, use, disperse, and otherwise deal in grants, and foundations to the full extent as may be lawf' 1 under the laws of the State of Colorado,, and of the United Statcs c. America. (J) To borrow money and issue, sell, pledge bonds, promissor} notes, bills of exchange, debenture,, and other obligations, and evidences c,f indebtedness payable at a specified time or times, or payable upon the happening of a specified event or events, whether secured by mortgage, pledged or otherwise, or unsecured. lk) To manage, operate, and carry on any other b'wtiiess in connection with the toregoing. (1) To enlagc in any business whatsoe r, either as principal or as agent or toot', Lr as a syndicate, which the coiporation may deem convenient or proper in furtherance of any of the purposes hereinabove mentioned or otherwise, to conduct its business in this state, in other states, in the District of Columbia, in tie territories and possessions of the United States, and in foreign countries, and to have and to exercise all powers authorized by the laws of the State of Colorado ander which the corporation is formed, whether expressly set faa ca in :heist Articles or not, a.; such laws are now in effect or may at any time hereafter be amended. ARTICLE IV In furtherance of U'e purposes set forth in Article III of ttese Articles: of incorporation, the corporation shall have and may exercise all the r;ghts, powers and privileges now or hereafter c"iferied upot _ucp n.itions, organized under and pursuant to the laws of the Stat< c4 Colorado, in_it.o.ng, but not limited to, tie poser to enter nt, general partnerships, limited pat tnerships (whether the corporation su a limited or general partner), joint ventures, synuir ates, pools, associations and other .tt r.tngements for carty ing ,n one of rc to of the purposes set forth in lrtirt, III of t'ic:e Attielei o' Inco,ior.ttton. jointly or in common wit • others. In addition, the corporation may do everything necessary, suitable or proper for the accomplishment of any of its corporate purposes. ARTICLE V A. Authorized Shares. The aggregate number of shares which t'fe corporation shall have authority to issue is Fifty Thousand (50,000) shares of common stock at $1.00 par value. B Transfer Restrictions. Tie •:orporation shall have the right by appropriate action to impose restrictions upon the transfer of any shares of its common stock, or any interest therein, from time to time issued, provided that such restrictions as may from time to time be so imposed or notice of the substance thereof shall be set forth upon the face or back of the certificate representing such shares of common stock. C. Pie-emptive Rights. The holders of the shares of the common stock of the corporation shall be entit_ed an of right to purchase or sube.cribe for any unissued or treasury shares of any class, or 4ny additional shares of any class to be issued by reasor of any increase in the authorized shares of the corporation of any class, or any bonds, certificates of in<iebtednesi, debentures, or other securities, rights, warrants or options convertible into shares of the corporation or carrying any right to purchase shares of any class in accor'tanco with their proportionate equity in the corporation. D. Cumulative Voting 'Phe cumulative system of voting for directors or for any other purposes shall be allowed. ARTICLE VI The intinl Board of Directors of the corporat.on shall f o'isiet of three (3) m miert who reed not ho shareholder, of the corporation or residents of the State of (olorado. The names .ins addresses of the persons wit() are to i et vv os directors of th.. _orporation until the first annualmeeting of the shareholders, and until their successors shall be elected and shall qualify are as follows: -5• • (NIT r 40.. C. H. Coulson 3609 North County Road #l3. Loveland, (O S0537 Ramona E. Coulson 3609 hottlt County Road ell, Loveland, (O H0337 Richard L. Coulson 1107 Sycamore Drive. Loveland, Colorado 8q5-17 ARTICII VII No ontract or other transaction betweet the corporation and any other person, firm, partnership, corporation, trust, joint eaeture, syndicate or other entity sha'1 be in any way affected or inv.lidated solely by reason of the fact that +n. director or office,' of the corporation is pecuniarily or otherwlwe interested in, or is a director, officer, .hareholder, employee. fiduciary, or member of such other entity, or solely by reason 6f the fact that any director or officer is in anv way interested, may be a part to, of may be interes ea it a contract or other transaction of the corporation. ARTICLF VIII In addition to the other powers now or hetcaller conferted upon the Board of Directors by these Articles of Incorporation, the By-laws of the Corporation, or by the laws of toe State of Colorado, the Board of Directors may frca time to time distribute to the shareholders in partial liquidation, out of the stated capital or the capital sutylu, of the corporation, a portion of the corporate assets, in cash or In kind; subject, however, to the limitations contained in tle Colorado Corporation Code. ARTICLF IX The address of the initial registered office of the corporation is 3609 North County Road, No. 13, Loveland, Colorado 80537 and the name of the initial registered agent of the corporation at such address is C H. Coulson. ARTICLF. ) The names .'nd ad4,-esses o' the in( orators of the corporation are as follows. C H Coulson 3609 North County Road #13, Loveland, (O 80537 Ramona E Coulson 3609 North County Road :+13, Loveland, CO R0111 Richard L Coulson 1107 Sycamore Drive, Loveland, CO 80517 -5- 4. • • IN WITNESS µHEREOF, we, the undersigne', being ill of the incorpori.ots designated in Article X of .he annexed and foregoing Articles of Incorporation, have executers said Articles of Incorporation as of the STATE OF COLORADO) ) COUNTY OF LARIMERI 23 day c,t December, 1975. Cou son Id aR Rona E. at: won --- I�t/ _ r ../ RiCTi.rcr oulson I, June Gerrard, a Notair Public, herepy certify that C. H. Coulson Ramona E Cou1H',n and Richard L Coulson are known to me to be the persons whose names are subscribed to the annexed and foregoing Articles of Incorporation, appeared before me the day and year below written, personally, and each being by me first duly sworn, acknowledged and declared that they signed said Articles of Incorporation as their free and voluntary act and deed for the uses and purposes therein set forth and that the statements therein contained are true. My commission expires: June 19, 1979. WITNESS my hand and o il 1 seal this. -,23 day of December, 1975, nary u IC , LAND OWNER'S ACKNOWLDEGEMENT OF OPERATOR'S LEGAL RIGHT TO ENTER AND MINE THIS LAND OWNER'S ACKNOWLDEGEMENT OF OPERATOR'S LEGAL RIGHT TO ENTER AND MINE (this "Acknowledgement") dated and made effective this 9 day of `IM LA Mtl 20is made by Croissant Family Farm, LLC, a Colorado limited liability company, with an address of 49316 County Road 83, Bnggsdale, CO 80611, herein called "Land Owner" Land Owner does hereby acknowledge that Coulson Excavating Company, Inc, a Colorado corporation, with an address of 3609 North County Road 13, Loveland, CO 80538, herein called "Operator," has the right to enter upon to mine sand and gravel on Land Owner's lands located in unincorporated Weld County described as follows A parcel of land located in the South Half of the SE I/4 of Section 19, Township 5 North, Range 67 West of the 6th P M , Weld County, Colorado being more particularly described as follows Considering the South line of the SE I/4 of said Section 19 as bearing West and with all bearings contained herein relative thereto Beginning at the SE corner of said Section 19, thence along the South line of said SE I/4, N 90°00'00" West 2619 76 feet, thence N 00°23'13" W 1315 73 feet, thence S 89°58'22" E 2526 03 feet, thence S 49°23'01" E 130 98 feet, thence S 00°08'56" E 313 51 feet, thence S 89°51'04"W 158 98 feet, thence S 00°08'56" E 137 00feet, thence S 19°51'04"W 95 00 feet, thence S 89°08'56" E 77 00feet, thence S 89°51'04" E 114 48 feet, thence S 00°08'56" E 633 12 feet to the Point of Beginning Subject to existing County Road rights of way along the South and East lines of said parcel and any other easements and rights of way of record [signature page follows] {00651712 DOCX / 1 } 1 IN WITNESS WHEREOF, the Land Owner has executed this Acknowledgement on the date set forth above CROIS�►NT FAMILY FARM,LLC Nary s —1'. erDt5S42: f - Its STATE OF COLORADO COUNTY OF LARIMER Acknowledgement ) ) ss ) The foregoing was acknowledged before me this 9 day of, , 20 19 , by C:., as O t."-sr1Q..r' Witness my hand and official seal My Commission expires V-tfrZ. CAITLYN KAUFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20184035097 MY COMMISSION EXPIRES SEPTEMBER 4. 2022 {00651712 DOCX / 1 } 2 4170162 Pages 1 of 3 CCarl0y4Kopp 6 , Clerk and Recorrder,,ZWeld Cunty, Ce O 00 II III PERSONAL REPRESENTATIVE'S DEED GRANTORS. Larry L. Croissant and James D. Croissant, as Co -Personal Representatives of the Estate of Viola Christina Croissant, also known as Viola C. Croissant, deceased. GRANTEE: Croissant Family Farm, LLC, 49316 County Road 83, Briggsdale, CO 80611 The decedent died on December 17, 2014. On February 20, 2015, Grantors were appointed Personal Representative of the decedent's estate by the District Court of Weld County, Colorado in Case No. 2015 PR 30074 and are now qualified and acting in that capacity. By the powers conferred on Grantors by the Colorado Probate Code, and for $0 00 and other good and valuable consideration, the receipt and sufficiency of which Grantors acknowledge, Grantors quitclaim to Grantee all right, title, and interest of the Estate of Viola Christina Croissant, also known as Viola C. Croissant, in the following real property located in Sections 19 and 30, Township 5 North, Range 67 West of the Sixth P.M., County of Weld, State of Colorado: Legal Description: SEE ATTACHED EXHIBIT A Address. N/A Parcel Nos.: 095719000053; 095730000020 Assessor's Schedule Nos.: R0030392, R1634486 with all improvements and appurtenances, subject to: general real estate taxes for the year of transfer and subsequent years; leases, easements, rights -of -way, protective covenants, hens, and other encumbrances; existing oil, gas, and other mineral rights, interests, leases, and reservations; United States and other government patents; zoning and other governmental rules, codes, ordinances, and regulations; plats, covenants, bylaws, rules, and regulations of any applicable owners association; and all other conditions, restrictions, and encumbrances of record, including those contained in the Recorded Exemption No. 0957-19-4 RE -1347 recorded on October 4, 1999 at Reception Number 2265304 and the Quitclaim Deed recorded on January 16, 2001 at Reception No. 2819481, all in the records of the Clerk and Recorder's Office of Weld County, Colorado. GRANTORS: L. Croissant, as Co -Personal Representative of the Estate of Viola Christina Croissant, also known as Viola C. Croissant, deceased Peterson, Rosenberc 2038 Vermont Dr, S, : ?;' Fort Collins, CO E' ''5 4170162 Pages 2 of 3 01/04/2016 02 27 PM R Fee $21 00 D Fee $0 00 Carly Koppes, Clerk and Recorder, Weld County, CO in iUrAIM, I4' SN'L iiRAMCk' .C111 h RR OOI STATE OF COLORADO COUNTY OF ovr This instrument was acknowledged before me on /a a `3-/ (date) by the Grantor, Larry L Croissant, as Co -Personal Representative of the Estate of Viola Christina Croissant, also known as Viola C. Croissant, deceased. EVA HYBIAK NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144028307 MY COMMISSION EXPIRES 07/21/2018 �v+o J; : . es D. Croissant, as Co -Personal Representative of the Estate of Viola Christina Croissant, also known as Viola C. Croissant, deceased Notary Public STATE OF COLORADO COUNTY OF 4W Fµt.i This instrument was acknowledged before me on is --,p (date) by the Grantor, James D. Croissant, as Co -Personal Representative of the Estate of Viola Christina Croissant, also known as Viola C. Croissant, deceased EVA HYBIAK NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144028307 MY COMMISSION EXPIRES 07/21/2018 Notary Public Name and Address of Person Creating Newly Created Legal Descnption (§ 38-35-106 5, C R S ) Charles C Tucker, 2038 Vermont Drive, Suite 203, Fort Collms, CO 80525 4170162 Pages 3 of 3 01/04/2016 02 27 PM R Fee $21 00 D Fee $0 00 Carly Koppes, Clerk and Recorder, Weld County, CO IIII PAW: MO MIAI l III/Abli II III EXHIBIT A LEGAL DESCRIPTION Lot A of Recorded Exemption No. 0957-19-4 RE -1347 recorded on October 4, 1999 at Reception Number 2265304, being a part of the South Half of the Southeast Quarter of Section 19, Township 5 North, Range 67 West of the Sixth P M., County of Weld, State of Colorado; EXCEPT any and all rights of way conveyed to Weld County by Deed recorded in Book 114, page 343, Weld County Records, and to the Great Western Railway Company by Deed recorded in Book 190, Page 85, Weld County Records, and rights of way existing or of record for roads, ditches, and utility lmes, if any; TOGETHER WITH all water, water rights, ditches, ditch rights, reservoirs, reservoir rights, and shares in water, ditch, and reservoir companies appurtenant to or used in connection with the parcels descnbed in said Section 19, including but not limited to all right, title, and interest of the Estate in: Allotment Contract No. 913 dated March 10, 2000 for twenty-six (26) units of water in Northern Colorado Water Conservancy District, sixteen (16) shares of the capital stock of The Hill and Brush Ditch Company; and that water right filed on by Emma Koenig on May 27, 1910 for three and seventy-five hundredths (3 75) feet of water per second of time out of Seepage Draw; all according to the Deed recorded on May 24, 1990 at Reception No. 02214834 in the records of the Clerk and Recorder's Office of Weld County, Colorado. AND A tract of land in the Northeast Quarter of Section 30, Township 5 North, Range 67 West of the Sixth P.M, County of Weld, State of Colorado, described as follows: Beginning at a point 2640 feet East of the Northwest corner of said Section 30, thence East 2023 feet; thence South 30 degrees 36%2 mmutes West 3067.4 feet to the South line of said Northeast Quarter, thence West 485 feet; thence North 2640 feet to the place of beginning; EXCEPT that parcel of land conveyed in the Quitclaim Deed recorded on January 16, 2001 at Reception No. 2819481; TOGETHER WITH all right, title, and interest of the Estate in water, water rights, ditches, ditch rights, reservoirs, reservoir rights, and shares in water, ditch, and reservoir companies appurtenant to or used in connection with the parcels described in said Section 30. r A'P2aS ln4 Ent 3161 B 1313 REC 0226530/ 10/04/91 16 OR 910 00 1/001 F 0646 MARY ANN FEDERSTEIN CLORE a RECORDER MELD CO CO CVO COL IFn•It t1/M $N u/s c Is-a-ar II) 8 re.r� W C1/4 COL RECORDED EXEMPTION NQ30957-I9-4-RE1347 '- SITUATE IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN , WELD COUNTY, COLORADO Mem ammo el 60 Mews. ma, 0"� SCALE I rR T ISM • G C15 515 SET /E cube • .+• e► r Oros. e, mcv S 89'58'22' E." WFOT hicooliolg to Wanda 1mat _dorm may bagal stem bird d .qu, WWI In them maw, Willie, arms yes to you Mot discover Rich defer m coma ,e4 soy =Clan bead woo defect m Wm NCW ha named moo she year. law 1 she dam er f 2526 03' 2t!& 76 St Hwy 4022141Yiie) l�em- . RVEYOR S CERTIFICATE Lorry C e Registered Professional lend Surveyor in the State of Colorado do hereby ctify that this Recorded Exemption plat van prepared coder my personal aupervieion and that this plat 1s en accurate representation thereof further certify that the y and this plat dumpliee with ell applicable rules regulation. 4nd the lave of the State of Colorado State Qoard of Registration For Profeaional Engineers Ord Professional Lend Surveyors r internal' Land Su vextng,�Inc Ttry C ntera 11 C. r. jaRE too a -e ar PS MY. Basile of Bearing. for this survey South line of the Southeast Quarter, Sec 19-155-R67S bear. Seat NOTE ►ppror location tof the Big Thompson River FIRM [he (Flood Ineurence RaFlood tedNap)tWeld from Colorado - Panel 615 of 1075 Community - Panel No 080266-0615-C Nap reviead Sept 28, 1982 No title policy wee furnished to Intermill Land Surveying, Inc Per client s request existing eaaeaents and rights of way were not reaearehd by %7 I tn[Lil1 Led Surveying, Inc C ^e_ MOTE A ikd .W Award P.,nerS nN wry !bramrod for m try nos .lrenlat or On nbtlanIND epOreeed of IL ma salonWary etna)ra in ale Roadway or ibodprara DeMae locator a a e properly 11••••• • 6,2 = era S49*25'OI'E C1/4\7911 !r ,LOT B I oft Acing F 30 f I FrOPERTY DESCRIPTION U The South Half of the Southeast Quarter of Section 19, Township S North Range 67 Vest of the 6th Ptincipal Meridian, County of Weld State of Co- 1Ibbrado RRCIPTING therefrom the Great Western fpilway right-of-way, according to the Right-of- ta.y end Track Hap, Main Lime, Greet Vestarn Railway sp..t Iv, 11-22A Nr the undersigned, being the sole owners in foe of the above daeeribed property do hereby TSbdivide the saes es shown on the attachedp ocated �� MA the VAgricultural none district andd d this property Le is also P� kntended to provide for the conduct of ragher uses by right. aecaasory uses, and mane �,tgtr special review -,y/ �y1 '71do R Ckbtmn VSO Croissant I TTATE 01 COLORADO)ss 1 iTONEY OP LARIMER) :.e forego / eehclflcatday Ns ad fr.d dged bal D , awmission expire . 2— 7 - 95' Notary Public, {—�.ua...ap toes ay hand a official meal i ACCEPTANCE lilt. plot ie accepted d approved for filing .14epertagAildan ces The forego;ng certificece vap knovledged before me chU NMt day of f�' y5(L,f1QY ► D , I 194_ F My commla.ion expires. '•'y'e nom, t Notary Public Vitnaso my hand yar µ• �.�.,.,In I NTERNI LL LAND SURVEYING, INC OM a CLEVELAND AVENUE tovtc[.m COL ORANo Soar, AN. en. W.. CLIENT JIM CROISSANT "La RECORDED EXEMPTION Sec I9- T5 N - R 67 W, Weld Cty , CO IMF ma of awns PROJECT NO. I I -91-I655 • OFFICE OF THE SECRETARY OE STATE OF THE STATE OF COLORADO CERTIFICATE OF DOCUMENT FILED I, Jena Griswold , as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, the attached document is a true and complete copy of the Articles of Organization with Document # 20151553461 of CROISSANT FAMILY FARM, LLC Colorado Limited Liability Company (Entity ID # 20151553461 ) consisting of 4 pages. This certificate reflects facts established or disclosed by documents delivered to this office on paper through 02/14/2020 that have been posted, and by documents delivered to this office electronically through 02/18/2020@ 10:45:30. I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on 02/18/2020 @ 10:45:30 in accordance with applicable law. This certificate is assigned Confirmation Number 12091339 . Secretary of State of the State of Colorado *********************************************End of Certificate******************************************* Notice: A certificate issued electronically from the Colorado Secretary of State's Web site is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of the Secretary of State 's Web site, http://www.sos.state.co.usibiz/CertificateSearchCriteria.do sos. state. co. us/ bi:/ CertifrcateSearchCriteria. do entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our Web site, http: www.sos.state.co.us/ click "Businesses, trademarks, trade names" and select "Frequently Asked Questions." Document must be filed electronically Paper documents are not accepted Fees & forms are subject to change For more information or to print copies of filed documents, visit www sos state co us Colorado Secretary of State Date and Time 08/25/2015 08 44 PM ID Number 20151553461 Document number 20151553461 Amount Paid $50 00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to § 7-80-203 and § 7-80-204 of the Colorado Revised Statutes (C R S ) 1 The domestic entity name of the limited liability company is CROISSANT FAMILY FARM, LLC (The name of a limited liability company must contain the term or abbreviation "limited liability company ltd liability company , limited liability co ", 'ltd liability co ", "limited II c , "llc ", or "ltd " See §7-90-601, CR S) (Caution The use of certain terms or abbreviations are restricted by law Read instructions for more information) 2 The principal office address of the limited liability company's initial principal office is Street address 49316 CR 83 (Street number and name) Bnggsdale CO 80611 (City) (Province — if applicable) (State) (ZIP/Postal Code) Unite States (Country) Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) (City) (State) (ZIP/Postal Code) (Province — fapplicable) (Country) 3 The registered agent name and registered agent address of the limited liability company's initial registered agent are Name (if an individual) or (if an entity) (Caution Do not provide both an individual and an entity name) Street address 49316 CR 83 Croissant Larry L (Last) (First) (Middle) (Suffix) (Street number and name) Brlggsdale co 80611 (City) (State) (ZIP Code) Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) ARTORG—LLC Page 1 of 3 Rev 12/01/2012 (City) CO (State) (The following statement is adopted by marking the box) n The person appointed as registered agent has consented to being so appointed (ZIP Code) 4 The true name and mailing address of the person forming the limited liability company are Name (if an individual) or (if an entity) (Caution Do not provide both an individual and an entity name) 49316 CR 83 Croissant (Last) Larry L (First) (Middle) (Suffix) Mailing address (Street number and name or Post Office Box information) Bnggsdale (City) CO 80611 (State) (ZIP/Postal Code) United States (Province — if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment) n The limited liability company has one or more additional persons forming the limited liability company and the name and mailing address of each such person are stated in an attachment 5 The management of the limited liability company is vested in (Mark the applicable box) n one or more managers or nthe members 6 (The following statement is adopted by marking the box) n There is at least one member of the limited liability company 7 (If the following statement applies, adopt the statement by marking the box and include an attachment) n This document contains additional information as provided by law 8 (Caution Leave blank if the document does not have a delayed effective date Stating a delayed effective date has significant legal consequences Read instructions before entering a date) (If the following statement applies, adopt the statement by entering a date and, if applicable, time using the required format ) The delayed effective date and, if applicable, time of this document ts/are (mm/dd/yyyy hour minute am/pm) Notice Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C R S , the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes ARTORG_LLC Page 2 of 3 Rev 12/01/2012 This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered 9 The true name and mailing address of the individual causing the document to be delivered for filing are Croissant Larry (Last) 49316 CR 83 L (First) (Middle) (Suffix) (Street number and name or Post Office Box information) Briggsdale CO 80611 (City) (Province — if applicable) (State) United States (Country) (ZIP/Postal Code) (If the following statement applies adopt the statement by marking the box and include an attachment) n This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing Disclaimer This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty While this form/cover sheet is believed to satisfy mmimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet Questions should be addressed to the user's legal, business or tax advisor(s) ARTORG_LLC Page 3 of 3 Rev 12/01/2012 CROISSANT FAMILY FARM, LLC Names of other partners and or submitters Patricia Jean Croissant 49316 CR 83 Briggsdale, CO 80611 James Croissant 26442 CR 15 Johnstown, CO 80534 CROISSANT FAMILY FARM, LLC INITIAL RESOLUTION OF MEMBERS Larry L. Croissant, Patricia Jean Croissant, and James D. Croissant, who are all the Members of Croissant Family Farm, LLC (the Company), a limited liability company organized under the laws of the State of Colorado, certify that the Company has adopted the following Resolutions and that they do not conflict with Colorado law or the company's Articles of Organization or Operating Agreement. These Resolutions are effective until rescinded as provided by the Operating Agreement or by Colorado law. 1. The Company's principal office is located at 49316 County Road 83, Briggsdale, CO 80611. 2. Larry L. Croissant is appointed as, and has consented to be, the initial Registered Agent of the Company. 3. James D. Croissant is appointed as the initial Manager of the Company. 4. The Manager is authorized by the Operating Agreement to conduct the Company's everyday business and financial activities, including tax and banking business. 5. James D. Croissant and Larry L. Croissant, acting separately or jointly, may open, change, and otherwise manage checking and other bank and investment accounts under the name of the Company and are authorized to make deposits, withdrawals, and transfers with respect all such accounts. 6. This Resolution is effective when signed below by all the Members. 1. CROISSANT FAMILY FARM, LLC Signed: �'— Larry rqi Member Signed: ,C Patricia Jean Croissa4, Member Signed: James r Croissant, Member and Initial Manager a,...s- Date: 1Z-/ z3 , 2015 Date: / 1-/023 , 2015 Date: /212-3 , 2015 b COPY OPERATING AGREEMENT OF CROISSANT FAMILY FARMS LLC This agreement is effective on the date that all of the Members of the Company have signed below. 1. FORMATION OF LIMITED LIABILITY COMPANY 1.1 Initial Members and Formation. The Initial Members, Larry L. Croissant, Patricia Jean Croissant, and James D. Croissant, formed Croissant Family Farm, LLC (the "Company") by filing Articles of Organization with the Colorado Secretary of State on August 25, 2015. 1.2 Form and Duration of Company. The Company is a manager -managed limited liability company. The duration of the Company is unlimited. 1.3 Principal Office. The Company's principal office of the Company is located at 49316 County Road 83, Briggsdale, CO 80611. The Manager may change its principal place of business by filing appropriate documents with the Colorado Secretary of State and with authorities in other jurisdictions if required by law. The Company may conduct business at any location or locations within or outside Colorado. 1.4 Registered Agent. The Company's registered agent is Larry L. Croissant, 49316 County Road 83, Briggsdale, CO 80611. The Managers may designate a different individual or entity as registered agent by filing appropriate documents with the Colorado Secretary of State and with authorities in other jurisdictions if required by law. 1.5 Appointment oflnitial Manager. The Members appoint James D. Croissant as the Company's initial Manager. All succeeding Managers shall be appointed in the manner provided in the Operating Agreement. 1.6 References to Members and Managers. In this document, the term "Members" means any one or more of the Members or a sole Member, as the context requires. The term "Managers" means any one or more of the Managers or a sole Manager, as the context requires. 1.7 Operating Agreement. This document, with any attached schedules or exhibits, replaces all prior written and oral agreements and understandings ofthe Members with respect to the matters covered by this agreement. This document, any attached schedules or exhibits, and any later amendments or modifications shall constitute the Operating Agreement of the Company. 1.8 Effect ofOperating The Operating Agreement shall bind the Members, the Managers, the Company, and all their respective distributees, heirs, beneficiaries, personal Croissant Family Farm, LLC Operating Agreement Page 1 COPY representatives, successors, and transferees. The Operating Agreement shall govern the rights, duties, limitations, qualifications, relations, and obligations of all such persons and entities. 1.9 No Third Party Beneficiary. No creditor or other person shall be entitled to any distributions, payments, or other benefits as a third party beneficiary or otherwise except as specifically provided in the Operating Agreement. 1.10 Interpretation of Operating Agreement. The Operating Agreement shall be interpreted and enforced according to the laws of the State of Colorado, including the Colorado Limited Liability Company Act (the "Act"), or according to the laws of another jurisdiction to which the Managers have moved the Company's principal place of business. However, if a provision of the Articles of Organization conflicts with the statutory law of the applicable jurisdiction or with any provision of the Company's Articles of Organization, then the Operating Agreement shall control. 1.11 Declaration of Investment Intent. The Members represent and warrant to the Company and to each other that they are acquiring their Membership Interests for their own accounts as an investment asset and not with the present intent to distribute or resell any Membership Interests. 1.12 Registration as Security. The Members acknowledge that ownership interests in a limited liability company may be a security under federal or state law. They understand that their Membership Interests have not been registered under the securities laws of any jurisdiction and that the transfer of any Membership Interest may require registration or a formal determination that the transfer is exempt from registration. 1.13 Limited Liability. Members and Managers shall not be liable under a judgment, decree, or order of any court, or in any other manner, for any debt, contract, liability, or other obligation of the Company, unless a Member or Manager agrees otherwise in a personal guarantee signed by the Member or Manager in that person's individual capacity. The Operating Agreement shall be interpreted to give Members and Managers the greatest limitation on liability available under applicable law. 1.14 Indemnification. To the extent allowed by Colorado law, the Company shall reimburse every current or former Member for reasonable expenses incurred and indemnify such a person for liabilities incurred in the ordinary course of the Company's business or for the preservation of the Company's business or property, ifthe person made the payments or incurred the liabilities without violating the person's duties to the Company. On a case -by -case basis, the Company by contract or resolution may agree to indemnify a current or former employee, fiduciary, agent, or Manager of the Company who is not a Member. The Company may purchase and maintain insurance to provide for the indemnification of current or former Members, employees, fiduciaries, agents, or Managers of the Company or any person who has served in a similar capacity in another entity at the request of the Company. Croissant Family Farm, LLC Operating Agreement Page 2 le, .e - 4' COPY 2. BUSINESS AND PROPERTY OF TI IE COMPANY 2.1 Business of the Company. The Company may engage in any lawful business, subject to any applicable regulations or ordinances. The Company is formed primarily to hold title to farm property and water and mineral interests, to operate, lease, and otherwise manager those properties and interests, and to produce crops and livestock for the mutual benefit of the Members. 2.2 Treatment As Partnership. The Company shall be treated as a partnership for federal and state income tax purposes unless the Members elect different tax treatment or convert the Company to a different form of entity. The Members shall share in the rights, benefits, duties, obligations, profits, and losses of the Company in proportion to the Members' respective percentage Membership Interests. The Managers shall act as the "tax management partner" in any dealings with taxing authorities. 2.3 Purposes of the Company. The purposes of the Company include: (a) Providing for continuity of management of the Company's assets and investments for the benefit of the Members. (b) Protecting the Company's assets and the Members' interests in the Company from potential creditors. (c) Accumulating and preserving wealth for the Members without incurring an entity -level income tax. (d) Limiting the liability of Members for the Company's obligations. (e) Restricting transferability of the Members' interests in the Company. (f) Reserving the ability to decide whether a transferee of an interest in the Company may be admitted with full rights as a Member. (g) Protecting confidential information and facilitating business and estate planning. (h) Providing for alternative means of dispute resolution, including mediation. (i) Obtaining for the Managers the benefits and burdens of the law of fiduciaries and the business judgment rule as the standards for management responsibility. Croissant Family Farm, LLC Operating Agreement Page 3 PQP G COPY (j) Passing on to other family members the Members' philosophy and methods of acquisition, use, management, operating, and preservation of family farm property and water and mineral interests by providing opportunities for hands-on experience, ownership, employment, observation, questions and answers, development of communication skills, and interactions with other experts in this type of business. 2.4 Powers of the Company. Subject to any restrictions in the Operating Agreement and applicable law, the Company may: (a) Acquire, retain, transfer, encumber, exchange, and dispose of real and personal property, improve, use, and otherwise deal with real or personal property or an interest in such property, including investment real estate, whether situated in the State of Colorado or elsewhere. (b) Sell, convey, assign, encumber, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all or any part of its property and assets. (c) Receive, manage, and invest payments from its properties for the mutual benefit of the Members. (d) Obtain policies of insurance on any real and personal property of the Company. (e) Make contracts and guarantees and incur liabilities, borrow money, issue notes, bonds, and other obligations, and secure any of its obligations by mortgage or pledge of any of its property, franchises, and income. (f) Lend money for proper purposes, invest and reinvest its funds, and take and hold property as collateral for the payment of loans and investments. Purchase, hold, vote, pledge, and otherwise deal with shares, interests, or obligations of any other person. (h) Be an agent, associate, fiduciary, manager, member, partner, shareholder, promoter, or trustee of any business entity, trust, or estate. (g) (i) Sue and be sued, complain and defend, and participate in administrative or other proceedings, in the name of the Company. 2.5 Title to Company Property. The Company shall hold and convey all of its real and personal property in the name of the Company and not in the name of any Member. No Member shall hold title to or have any ownership interest in any of the Company's property. Croissant Family Farm, LLC Operating Agreement Page 4 COPY 2.6 Waiver of Partition. The Members agree that a partition or attempted partition of the Company's property would cause a substantial hardship to the Company and to the other Members. Each Member irrevocably waives any right to maintain an action for partition with respect to any real property owned by or titled to the Company. 2.7 Use or Purchase of Real or Personal Property. If a Member uses real or personal property belonging to the Company for purposes unrelated to the Company's business, or if the Company uses real or personal property belonging to a Member, the specific terms shall be stated in a lease or other written, signed agreement. If a Member purchases real or personal property from the Company, or if the Company purchases real or personal property from a Member, the terms shall be stated in a written, signed agreement. 2.8 Loans by Company to Member. The Company shall not be required to loan funds to any Member. If a Member borrows money from the Company and then defaults on the loan, the Managers shall not distribute any share of subsequent net profits distribution to the Member, and such funds shall be credited first toward repayment of the loan. 2.9 Loans by Member to Company. Members shall not be required to loan funds to the Company. If a Member makes such a loan, the amount of the loan shall not be added to that Member's Capital Account. 2.10 Transactions Between Members and Company. All leases, loans, promissory notes, and other agreements between a Member and the Company shall be in writing and signed by all parties to the transaction. All such transactions shall be made as "arm's -length" transactions. Promissory notes shall have terms and interest rates that avoid treatment as a below - market loan under the Internal Revenue Code and corresponding regulations. 3. CAPITAL ACCOUNTS AND CONTRIBUTIONS 3.1 Capital Accounts. The Company shall maintain a separate Capital Account for each Member's contributions of capital to the Company. Capital Accounts shall be subject to the restrictions set forth in the Operating Agreement. A Member's Capital Account shall be treated as the Member's personal property for all purposes. Except as otherwise provided in the Operating Agreement, the Company shall credit to each Member's Capital Account the fair market value of the Member's initial and additional capital contributions at the time of contribution. No interest shall be paid on any Capital Account or capital contributions. No portion of the Company's property shall be part of or credited to any Member's Capital Accounts. 3.2 Initial Capital Contributions. The Members shall make the initial capital contributions listed on Schedule A. Croissant Family Farm, LLC Operating Agreement Page 5 3.3 Additional Capital Contributions. No Member shall be required to make an additional capital contribution unless the Members agree in writing. The manner and timing of additional capital contributions shall be as agreed in writing by the Members or, if the agreement is silent as to manner or timing, as designated by the Managers. If a Member fails or refuses to make an additional capital contribution by the designated time, any or all of the other Members may contribute the additional capital and receive a proportionate increase in their Membership Interests. A Member's right to make up the capital contributions of another Member shall be proportionate to the Member's percentage interest in the Company. 3.4 Form of Contributions. Unless otherwise agreed in writing by all the Members, capital contributions may be made in cash, real property, tangible personal property, services, or a promissory note or other written, signed obligation to make a contribution in the form of cash, real property, tangible personal property, or services. 3.5 Transfer of Capital Account. If all of a Member's Membership Interest is purchased or otherwise transferred, then the Managers shall transfer the Member's Capital Account to the transferee of the Membership Interest on the books of the Company, unless the documents of conveyance specifically provide otherwise. 3.6 Return of Capital. A Member or the Member's estate may demand a return of the Member's Capital Account only if one of the following occurs: (a) All of the Member's Membership Interest is purchased or otherwise transferred, subject to the terms of the purchase or other transfer. (b) (c) The Company is dissolved. All the Members consent in writing to return the Member's Capital Account. Any return of capital shall be chargeable only against that Member's Capital Account and only to the extent of the Company's Available Cash. No Member shall have any right to demand a return, withdrawal, or distribution of any of the Company's property except on dissolution of the Company. 3.7 Restoration of Capital Account. If a Member withdraws, receives, encumbers, impairs, or allows the impairment of any portion of the Member's Capital Account or otherwise has a deficit Capital Account in violation of the Operating Agreement, the Member shall repay the deficit amount to the Company in cash. The Member or the Member's estate shall be liable for and shall contribute cash equal to the amount of the deficit as documented by the Managers. The Managers shall not allocate any share of subsequent net profits to the Member's Income Account or make any funds available for distribution to the Member. The Managers shall credit the Member's share of net profits to solely to the Member's Capital Account and shall not Croissant Family Farm, LLC Operating Agreement Page 6 Pa r, 44,- COPY distribute such funds to the Member until the Member's Capital Account has been restored or the encumbrance or impairment is removed. Failure to make repayment shall not be excused by the Member's death, resignation, disability, or inability to perform. Any compromise must be approved by the written consent of all the Members other than the Member obligated under this Section. 3.8 Deficit Capital Account on Dissolution. A Member with a deficit Capital Account shall repay the deficit amount in cash to the Company within 28 days (4 weeks) after the date the Company files Articles of Dissolution. Any compromise must be approved by the written consent of all the Members other than the Member obligated under this Section. 3.9 Rights of Third Parties. No person or entity other than the Company and the other Members shall have any right to compel a Member to make any capital contribution, to repay a return of capital that was made in violation of the Operating Agreement, to restore a deficit Capital Account, to reimburse the Company or a Member because of a deficit Capital Account, or to remove an encumbrance or impairment of a Capital Account. 3.10 Joint Tenancy. If Members make capital contributions to the Company as joint tenants with right of survivorship, they shall document the joint tenancy nature of the contribution in writing with the Company. Contributions by joint tenants shall be presumed to have been made in equal shares unless documented otherwise at the time of the contribution in writing in the Company's books and records. A Membership Interest held in joint tenancy shall have a single corresponding Capital Account and a single Income Account. Joint tenants shall be treated as a single Member for all purposes under the Operating Agreement, including voting. 4. MEMBERSHIP INTERESTS AND DISTRIBUTIONS 4.1 Membership Interests. The Members' percentage ownership interests in the Company shall be documented as Membership Interests in the Company's books and records. The Members shall share in the rights, benefits, duties, obligations, profits, and losses of the Company in proportion to their respective Membership Interests. Membership Interests shall be treated as personal property for all purposes and shall be subject to the restrictions, first rights to purchase, and other terms of the Operating Agreement. 4.2 Initial Membership Interests. The initial Membership Interests ofthe Members are identified on Schedule B of the Operating Agreement. The Members shall amend Schedule B whenever Members or Membership Interests are changed. 4.3 Relationship to Capital Account. The Members' Membership Interests need not be proportionate to the Members' Capital Accounts. 4.4 Income Accounts. The Company shall maintain a separate Income Account for each Member. Except as otherwise provided by the Operating Agreement, the Managers shall Croissant Family Farm, LLC Operating Agreement Page 7 OPY allocate all of the Company's income, profits, losses, gains, deductions, and credits at least annually among the Members' Income Accounts, prorated daily in proportion to the Members' respective Membership Interests. Any distributions to Members shall be made from Income Accounts as provided in the Operating Agreement. No interest shall be paid on any undistributed income. 4.5 Distributions. The Managers shall make distributions to the Members at least annually in proportion to the Members' respective Membership Interests. Distributions shall be made from the Members' respective Income Accounts to the extent of the Company's Available Cash. The Company's Available Cash shall consist of the Company's cash on hand, less all of the following: (a) Cash held in the Members' Capital Accounts. (b) Long-term debt incurred by the Company for operating purposes. (c) Amounts set aside by the Managers for payment of operating expenses or for payment of accrued current obligations through the date of the distribution. (d) Amounts set aside by the Managers as a working capital reserve or to acquire or improve the Company's assets. The Managers may base their determinations on any relevant information, including the Company's balance sheet, profit and loss statement, cash flow statement, and any other records of the Company. 4.6 Adjustments. All allocations and distributions are subject to adjustments for any changes in or transfers of Membership Interests during the tax year and for any other reason under the Operating Agreement. Distributions shall be prorated based on the number of days the Member owned the interest in that year. Allocations and distributions shall not be adjusted solely because the Members' Membership Interests are not proportionate to the Members' Capital Accounts. 4.7 Required Tax Documents. The Managers shall not make a distribution to a person unless the Company has on file the person's tax identification number and any other information requested or required by the Company for tax purposes. 4.8 Cash and In Kind Distributions. Distributions shall be in cash, unless the Managers specifically direct a distribution in the form of real, tangible, intangible, or other non - cash property. No Member, regardless of the nature of the Member's capital contributions, shall have any right to demand a distribution in kind. A Member shall not be required to accept a distribution in kind when other Members are receiving a distribution of cash, except on the Croissant Family Farm, LLC Operating Agreement Page 8 Po,i' . Qc--- dissolution and winding up of the Company. Any distribution in kind shall be based on the fair market value of the asset to be distributed and may be made so that the asset is distributed in full to a single Member. 4.9 Limitations on Distributions. The Managers shall not make a distribution that: (a) would prevent the Company from paying its debts as they become due in the ordinary course of business; (b) would prevent the Company from paying distributions on dissolution; or (c) would violate any other provision of the Operating Agreement. 4.10 Repayment of Improper Distribution. A Member shall promptly return to the Company any portion of a distribution that the Member knew or reasonably should have known at the time of distribution or afterward was made in violation of the Operating Agreement. Any compromise must be approved by the written consent of all the Members other than the Member obligated under this Section. 4.11 Deficit Income Account. Any deficit in a Member's Income Account shall be chargeable only against that Member's Capital Account. 5. TRANSFER OF MEMBERSHIP INTERESTS 5.1 Restrictions on Transfers. The Members agree that Membership Interests shall not be transferred except as allowed by the Operating Agreement. Any Membership Interest that is transferred shall be subject to the transferor's existing outstanding and unpaid debts, liabilities, and obligations to the Company. 5.2 Permitted Transferees. A Member may transfer a Membership Interest by sale, assignment, gift, deed in joint tenancy, will or other testamentary instrument, or in any other manner to any of the following Permitted Transferees: (a) A current Member. (b) The transferring Member's spouse. (c) A person who is or would be the transferring Member's descendant or heir, as defined by the Colorado Probate Code. (d) A person currently holding the Membership Interest with the transferring Member as joint tenants with right of survivorship. (e) A business entity whose governing instrument limits transfer of the Membership Interest to one or more persons defined as Permitted Transferees under the Operating Agreement. Croissant Family Farm, LLC Operating Agreement Page 9 P91- (f) A trust whose trust agreement limits transfer of the Membership Interest to one or more persons defined as Permitted Transferees under the Operating Agreement. Any other transfer of an interest in the Company shall be approved by the prior written consent of all the other Members. 5.3 Transfer Documents. A transferee of a Membership Interest shall promptly deliver the following to the Managers: (a) The transferee's tax identification number and all other information needed by the Company for its tax purposes. (b) A written, signed agreement in which the transferee agrees to all provisions of the Operating Agreement, including any amendments. (c) A written, signed assumption of liability in which the transferee assumes all of the obligations and liabilities of the transferor of the Membership Interest. (d) A written, signed determination that that the transfer of the Membership Interest is exempt from registration under federal and state securities laws. (e) Copies of the signed documents of transfer, including but not limited to all documents required to make the transfer effective under the law of the applicable jurisdiction. (f) (g) Any other documents required by the Operating Agreement. Any other documents and information required under the laws of' any applicable jurisdiction. (h) A one-time transfer fee of $1,000.00 to the Company. (i) Reimbursement in cash to the Company for all reasonable expenses, including attorney fees, incurred by the Company in connection with the transfer. (j) A capital contribution to the Company in an amount determined by the Managers. All of the above shall be in a form acceptable to the Managers and the Company's legal counsel. Croissant Family Farm, LLC Operating Agreement Page 10 4 - PO_ 16-- The Managers may waive or modify in writing any of the requirements in (h), (i), and (j) above. 5.4 Existing Liabilities. Every assignment, gift, sale, purchase, encumbrance, or other transfer of a Membership Interest shall be in writing and shall identify the Membership Interest to be transferred and the transferee by name or other description. Copies of the assignment or other transfer document shall be provided to the other Members. The Membership Interest and corresponding Capital Account on the books of the Company shall be transferred to the transferee subject to all of the transferor's existing liabilities and obligations, including the transferor's cumulative obligations to the Company under the Operating Agreement 5.5 Management and Voting Rights of Transferee. A transferee of a Membership Interest shall not have any of the management, voting, or other rights of a Member unless the transferee has been admitted as a Member in the manner provided by the Operating Agreement 5.6 Member's Offer to Purchase. A Member ("Acquiring Member") may offer to purchase the Membership Interest of another Member ("Selling Member") at any time according to the Operating Agreement or under any other terms agreeable to the Members. The Acquiring Member shall deliver to the Managers and all of the other Members a written notice that an offer to purchase has been made. The offer shall state all material facts about the transfer, including but not limited to: (a) a description of the Membership Interest to which the offer applies, (b) the name, business name, address, telephone number, and electronic mail address of the parties to the proposed purchase or sale; (c) the proposed purchase price, terms of payment, interest rate, and payment schedule; and (d) the proposed date, time, and place of closing. Procedures for determining purchase price and terms and the manner of closing shall be as provided in the Operating Agreement. Offers, counteroffers, amendments, acceptances, and other documents pertaining to the transaction shall be in writing and transmitted in the manner required for notices under the Operating Agreement 5.7 Determination of Purchase Price. Unless otherwise agreed by the parties, the purchase price of all or any part of a Membership Interest or of the entire Company shall be determined as follows: (a) The interest to be purchased shall initially be valued according to the Auctioneer's Opinion of Value dated February 3, 2015 Auctioneer's Opinion of Value dated February 3, 2015 (a copy of which is attached to the Operating Agreement as Schedule C), as that value is adjusted annually by the Certified Public Accountant according to Section 7.2 of the Operating Agreement. (b) The initial value of the interest shall be increased by the value of any depreciable property improvements, without adjusting for depreciation. The value shall be further adjusted pro rata according to the percentage Membership Interest to be sold and by any amounts required to restore a negative balance in the selling Member's Capital Account, to repay principal and interest due on any loans made by the Company to a selling Member, and to hold Croissant Family Farm, LLC Operating Agreement Page 11 -%e_.,- 6.e., 0.-- funds in reserve for anticipated losses or damages (for example, because debt of the Company may be declared in default or because other contract rights of the Company may become impaired because of the sale). Amounts earned but uncollected and amounts incurred but not paid shall be accounted for and may be adjusted for non-collectibility based on the past experience of the Company. The initial value of the interest as so adjusted shall be the purchase price of the interest. (c) For purposes of this Section only, the value of a Membership Interest shall not be discounted for lack of marketability, lack of control, or minority interest. 5.8 Payment Terms. Unless otherwise agreed by the parties, the terms ofpayment in a sale or purchase of any part of a Membership Interest or of the entire Company shall be as follows: (a) When a person other than a Permitted Transferee purchases a Membership Interest, the buyer shall pay the entire sum to the seller in cash or certified funds at closing. (b) When a Permitted Transferee purchases a Membership Interest, then the buyer shall pay the entire sum to the seller in cash or certified funds at closing, if the purchase price is $10,000.00 or less. If the purchase price is greater than $10,000.00, then the buyer shall pay a down payment of 25% of the purchase price to the seller (or more, at the buyer's option) in cash or certified funds at closing. The balance shall be paid in five equal yearly payments of principal and interest beginning on the first day of the second month after the date of closing. Interest shall be compounded annually and computed against the outstanding principal balance at the prevailing prime interest rate charged by First National Bank, Fort Collins, Colorado on the last day of the month immediately preceding the date of closing. As evidence of the debt, the purchaser shall deliver to the seller a promissory note, which shall allow prepayment of all or any part of the principal balance of the note at any time without penalty or premium. The promissory note shall be secured by a pledge of the interest purchased. 5.9 First Right to Purchase Membership Interest. As of the date that any part of a Member's Membership Interest becomes subject to any of the following events or conditions, the other Members shall have a first and prior right to purchase that part of the Membership Interest: (a) The Member transfers or attempts to transfer any part of the Member's Membership Interest to anyone other than a Permitted Transferee. (b) The Member offers for sale or accepts an offer to purchase any part of the Member's Membership Interest to anyone other than a Permitted Transferee. (c) Any part of the Member's Membership Interest becomes encumbered or subject to involuntary transfer or transfer by operation of law. Croissant Family Farm, LLC Operating Agreement Page 12 ir-- fW94 CPY (d) The Member assigns any part of the Member's Membership Interest to or for the benefit of any creditor. (e) The Member is subject, voluntarily or involuntarily, to a bankruptcy, reorganization, liquidation, dissolution, receivership, or similar proceeding. 5.10 Manner of Exercising Right to Purchase. A right to purchase a Membership Interest under the Operating Agreement shall be personal to each of the Members other than the Member whose Membership Interest has become subject to the right. A Member's right to purchase shall not expire until 28 days (4 weeks) after every Member has received a written notice that the Membership Interest has become subject to the right or has otherwise become aware of the event giving rise to the right of purchase. To exercise the right to purchase, the Member shall deliver to the Managers and all the other Members before that expiration date a written notice exercising the right to purchase. 5.11 Contents of Notice Exercising Right to Purchase. A notice exercising a right to purchase a Member's Membership Interest shall state all material facts about the transfer, including but not limited to: (a) a description of the Membership Interest to which the offer applies; (b) the name, business name, address, telephone number, and electronic mail address of the parties to the proposed purchase or sale; (c) the proposed purchase price, terms of payment, interest rate, and payment schedule; and (d) the proposed date, time, and place of closing. 5.12 Proportionate Right to Purchase. A Member exercising a first right to purchase a Membership Interest under the Operating Agreement may only purchase a percentage of the interest proportionate to the Member's percentage Membership Interest, as determined without regard to the interest to be purchased. If fewer than all the Members exercise the first right to purchase within the time provided in this Article, then the other Members who have exercised the first right to purchase shall have a proportionate second right to purchase the balance of the interest. The second right to purchase shall be exercised by delivering an additional notice of exercise of right to purchase to the original recipients of the original notice of exercise within 14 days (2 weeks) after delivery of the original notice of exercise to all Members. 5.13 Non Exercise of Right to Purchase. If a Membership Interest is subject to a right to purchase under the Operating Agreement and the other Members do not exercise their rights to purchase as to a portion of the Membership Interest, then the Member or the personal representative of the deceased Member owning that portion may transfer that portion according to the original notice of offer or, if none, in any manner desired by the Member or personal representative. If the Member or personal representative does not complete the transfer of that portion the Membership Interest within 28 days (4 weeks) after the last exercise period has expired, then the other Members' first rights to purchase under this Article shall again apply to any attempted transfer of that portion. Croissant Family Farm, LLC Operating Agreement Page 13 z PA ` 5.14 Expenses. Unless otherwise agreed by the Members and Managers, the transferor of a Membership Interest shall promptly pay all expenses, tax liabilities, accountant and bookkeeping fees, and attorney fees and costs, including any losses or expenses incurred by the Company or the Members in connection with the transfer or attempted transfer. 5.15 Voluntary Buy -Sell. A Member may at any time deliver a written notice to all the other Members and Managers requesting that one or more Members purchase all or part of the initiating Member's Membership Interest. The notice shall include the initiating Member's resignation as Member, Managers, and employee of the Company, as applicable, effective as of the closing date of the sale. The notice shall specifically refer to this paragraph of the Operating Agreement and shall state the purchase price and terms of the Member's offer to sell. Unless otherwise agreed by the parties to the transaction, the purchase price and terms of payment shall be determined according to the Operating Agreement. The other Members shall have proportionate rights to accept the offer as provided by the Operating Agreement. Those Members may accept the offer by delivering a written acceptance to the initiating Member within 56 days (8 weeks) after the date that all Members receive the notice. The closing date of the sale shall be not later than 28 days (4 weeks) after the last acceptance period has expired. 5.16 Forced Buy -Sell. A Member may at any time deliver a written notice to all the other Members and Managers of the initiating Member's intent to sell all of the Member's Membership Interest to the other Members or to buy all of the other Members' Membership Interests. The notice shall specifically refer to this paragraph of the Operating Agreement and shall state the purchase price and terms of the Member's offer to sell. The purchase price and terms of payment shall be determined according to the Operating Agreement. The other Members may accept the offer by delivering a written acceptance to the initiating Member within 56 days (8 weeks) after the date that all Members receive the notice. The other Members shall have the proportionate rights to accept the offer provided by the Operating Agreement. If all the other Members accept the offer, then the initiating Member shall sell the Member's Membership Interest according to the terms stated in the offer. If fewer than all the Members accept the offer, then the initiating Member shall purchase all of the other Members' Membership Interests according to the same purchase price and terms. The closing date of the sale or purchase shall be not later than 28 days (4 weeks) after the last acceptance period has expired. 5.17 No Limitation or Waiver. Initial determinations of value, adjustments to value, purchase price, offers, fair market values, book values, cash values, appraisals, market valuations, and all other factors used in determining the purchase price of a Membership Interest or of the Company shall not constitute a limitation on or waiver of any actual or potential claim of a Member or the Company. 5.18 O er and Acceptance. Offers, counteroffers, acceptances, rejections, and amendments in any purchase and sale of Membership Interests or of the Company shall be in Croissant Family Farm, LLC Operating Agreement Page 14 ,. _ PR- `fir`' PY writing and delivered to all Members in the manner required for notices under the Operating Agreement. 5.19 Closing. Unless otherwise agreed by the Members, any transfer of Membership Interests or the Company shall be conducted during normal business hours at the Company's principal business office. The interest shall be transferred to the purchaser at the closing. The Company shall adjust its books and records, including any changes in Membership Interests, as of the date of closing. 5.20 Other Terms of Transfer. All the Members may agree in writing to transfer a Membership Interest for no consideration or to transfer a Membership Interest under terms and procedures different from those stated in the Operating Agreement. 6. MEMBERS 6.1 Status of Members. All Members shall be designated as such in the Company's records. The Company's records shall show the date on which a Member was admitted and the date of any change in a Member's status as a qualified Member. Members shall have only the voting, management, and other rights specified in the Operating Agreement. 6.2 Qualifications ofMembers. Members shall be natural persons at least 18 years old or shall be corporations, trusts, or other entities. Members need not be Colorado residents. Every Member, including a sole Member of the Company, shall have or acquire a Membership Interest and make capital contributions in the manner provided by the Operating Agreement. However, a person or entity acquiring a Membership Interest shall not be a Member until the person or entity is admitted as a new Member according to the Operating Agreement. 6.3 Rights of Non -Member Transferee or Disqualified Member. A transferee of a Membership Interest who has not been admitted as a Member, or a Member that has become disqualified as a Member, shall hold only an economic interest in the Company. A non -Member transferee or disqualified Member shall not have or exercise any of the management, voting, or other rights of a Member. The Managers shall not allow a non -Member transferee or disqualified Member to receive or review any of the Company's information, accounting, books, or records. The non -Member transferee or disqualified Member shall be entitled only to the allocations and distributions provided in the Operating Agreement with respect to the interest transferred, except that the Managers may first apply such allocations and distributions toward any debts, obligations, or liability for damages that the non -Member transferee or disqualified Member has or may have to the other Members or to the Company. None of the provisions of this Section shall limit any of the legal or equitable rights and remedies that are or may be otherwise available to the Members or the Company. 6.4 Admission of Permitted Transferee as Member. After delivering to the Company Croissant Family Farm, LLC Operating Agreement Page 15 COPY all of the documents required by the Operating Agreement, a transferee of a Membership Interest who is a Permitted Transferee shall be admitted as a Member for all purposes without approval or vote of the Managers or the other Members. 6.5 Admission of Transferee Other Than Permitted Transferee As Member. A transferee of a Membership Interest who is not a Permitted Transferee shall be admitted as a Member only after the transferee submits the documents and information required by the Operating Agreement and after the other Members have unanimously agreed in writing to admit the transferee as a Member. 6.6 Resignation of Member. If a Member resigns by giving a written notice to the other Members and the Managers, then the Member's resignation shall be effective on the date stated in the notice, or if no date is stated then on the date the notice is received by the other Members and the Managers. A retirement, dissociation, or withdrawal of a Member shall be treated as a resignation. The resignation, removal, or disability of a Manager who is a Member shall not automatically constitute a resignation of the person as Member. 6.7 Disqualified Member. A Member shall cease to be qualified as a Member as of the date on which any of the following occurs: (a) The Member that is an estate, trust, or business entity ceases operations or is closed, terminated, or dissolved. (b) The Member resigns from the Company. (c) The Member sells or otherwise transfers all or substantially all of the Member's Membership Interest. (d) The Member withdraws all or substantially all of the Member's Capital Account in violation of the Operating Agreement. The disqualification shall be effective without vote, action, or notice by the other Members. The Managers shall give an advisory notice to all Members of the Member's disqualification, but the disqualification shall be effective regardless of whether or when the advisory notice was sent or received. 6.8 Liability ofResigned Disqualified Disabled, or Deceased Member. A Member's resignation, disqualification, disability, death, or other inability to perform shall not discharge or alter any debt, liability, or other obligation the Member or the Member's estate may have to the Company. The Company may offset any debts, payments, or damages owed to the Company against any amount that would otherwise have been distributable to the Member, the Member's estate, or any creditor of the Member. Croissant Family Farm, LLC Operating Agreement Page 16 6.9 Notice to Legal Representative On receiving notice that an agent, guardian, conservator, personal representative, executor, public administrator, or other legal representative has been appointed and is acting on behalf of a Member or a deceased Member's estate, the Managers shall promptly deliver a copy of the Operating Agreement and any amendments to the legal representative. 7. AUTHORITY OF MEMBERS 7.1 Scope of Authority. The authority of the Members shall be limited solely to the matters specified in the Operating Agreement. Members are not agents of the Company for any purpose and shall not act as agents of the Company unless they also serve as Managers or unless the Member is designated in writing as an agent of the Company. 7.2 Annual Meeting. The Members shall hold an annual meeting in each calendar year. However, the Company shall not be dissolved solely due to a failure to hold a formal annual meeting. At the annual meeting, the Members shall elect Managers, discuss and vote on approval of the Company's balance sheet, and discuss and vote on approval of the Company's annual plan and operating budget. The Members shall discuss and vote on the Certified Public Accountant's annual adjustments to the values shown in the Auctioneer's Opinion of Value dated February 3, 2015 (Schedule C). All annual adjustments approved by the Members shall be automatically incorporated into and made part of the Operating Agreement for purposes, including Section 5.7 of the Operating Agreement. 7.3 Meetings of Members. The Members may hold meetings at any time and place agreed to in advance by all the Members. Meetings may be held for any purpose required or permitted under the Operating Agreement and for discussing and voting on any matters of concern to the Members, the Managers, or the Company. 7.4 Quorum for Meetings of Members. Decisions taken at a meeting of the Members shall not be valid unless a quorum is present at the beginning of the meeting. A quorum is present if Members cumulatively holding at least 51% ofthe Membership Interests are present or represented by proxy. 7.5 Electronic Participation. Members may participate in meetings by telephone or other electronic media through which all Members participating may simultaneously hear or otherwise communicate with each other. A Member who participates by such means at the beginning of the meeting shall be counted as present at the meeting for purposes of determining quorum. Croissant Family Farm, LLC Operating Agreement Page 17 7.6 Objection to Meeting. A Member who objects to holding a meeting, transacting business at the meeting, or the scope of business of the meeting must enter the objection at or before the beginning of the meeting. Otherwise, the Member waives the objection. 7.7 Record of Meeting. Any Member may arrange for stenographic or electronic recording of a meeting, at that Member's expense. 7.8 Decisions ofMembers. Unless otherwise specified in the Operating Agreement, all decisions for which a vote of the Members is required or permitted under the Operating Agreement, the Articles of Organization, or the Act shall be made by the affirmative vote or written consent of Members cumulatively holding at least 51% of the Membership Interests. Members shall sign all consents, resolutions, and other approvals either by handwritten signature or by the Member's customary electronic signature. 7.9 Entitlement to Vote or Consent. A person or entity that has not been admitted as a Member or that has been disqualified as a Member shall not participate in any vote, meeting, decision, consent, resolution, approval, or other action of the Members. 7.10 Vote By Proxy or Agent. A Member entitled to vote may appoint a person by signed, written proxy to vote, consent, or otherwise to act as directed by the Member in any decision of the Members required or permitted under the Operating Agreement. The Member's guardian or agent under power of attorney may act as proxy for the Member or appoint another to act as proxy for the Member if authorized to do so in the document appointing the guardian or agent. 7.11 Effective Dates and Records of Decisions. Decisions of the Members shall be effective on the date the Members' vote was completed, on the date the required number of Members have signed a written consent or resolution, or on the effective date stated in the written consent or resolution. The Managers shall keep signed consents and resolutions and written records of all votes with the Company's records. 7.12 Actions Requiring Vote ofthe Members. The affirmative vote or written consent of Members cumulatively holding at least 51% ofthe Membership Interests shall be required before the Managers may take any of the following actions: (a) Calling for Members to make additional capital contributions. (b) Changing the percentage interests of Members. (c) Distributing net profits to any person other than a Member. (d) - Assuming the debt of any person or entity. Croissant Family Farm, LLC Operating Agreement Page 18 Pad, f‘ (e) Amending the Articles of Organization or the Operating Agreement. (f) Allowing a prospective Member to participate in a vote to amend the Articles of Organization or the Operating Agreement when the amendment would be effective before the person or entity has been admitted as a Member. (g) Merging with another entity or converting the Company to another entity. (h) Electing Managers. (i) Changing the maximum number of Managers. 0) Approving salaries and reimbursement of expenses to Managers. (k) Approving payment of fees or commissions to a Member or Manager in connection with the Company's purchase or sale of real property. (1) Authorizing or ratifying a transaction in which a Member or Manager competes with or has a conflict of interest with the Company, after the Member or Manager has fully disclosed all material facts to the Members. (m) Dissolving the Company. 7.13 Actions Requiring Unanimous Approval of Members. The affirmative vote or written consent of all the Members shall be required before the Managers may take any of the following actions: (a) Admitting new Members. (b) Using any of the Company's real property, including water and mineral rights, as collateral. (c) Buying, selling, or exchanging any real property, including water and mineral rights, on behalf of the Company. (d) Leasing real or personal property of the Company. (e) Assuming the debt of any person or entity. (f) Making, executing, or delivering on behalf of the Company any indemnity Croissant Family Farm, LLC Operating Agreement Page 19 •if, PJ-e .C2c- or surety bond, guaranty, or an assignment for the benefit of creditors. (g) Consenting to formal arbitration of any dispute, unless required by a separate agreement or contract. 8. MANAGERS 8.1 Status of Managers: All Managers shall be appointed by the Members. All Managers shall be designated as such in the Company's records. The Company's records shall show the date on which the Manager takes and the date of any change in status as Manager. 8.2 Qualifications of Managers. Managers shall be natural persons at least 18 years old, corporations, trusts, or other entities. Managers need not be Colorado residents. A Manager need not be a Member of the Company. 8.3 Number ofManagers. The Company shall always have at least one Manager and no more than three Managers. The initial number of Managers is one. So long as the Company has at least one Manager, any failure to fill all Manager positions at all times shall not affect the continued existence of the Company, the authority of the Managers, or the legality of actions taken by the Managers. 8.4 Titles ofManagers. Each Manager shall be designated in the Company's records and to third parties as "Manager" or, if the Manager is also a Member, as "Member -manager." 8.5 Compensation of Managers. Managers shall be entitled to reasonable compensation for services rendered to or for the Company and to reimbursement for reasonable expenses incurred in connection with performing such services. All compensation agreements shall be in writing, approved by a majority in interest of the Members, and kept with the Company's records. 8.6 Term of t?ice. A Manager shall serve until the next annual meeting of the Members, unless the Manager resigns, dies, or is removed by the Members before then. 8.7 Delegation ofAuthority. Managers may delegate any of their authority to another person or entity. Any delegation shall be in writing, signed by the Managers, and delivered to the Members. 8.8 Resignation of Manager. A Manager may resign as Manager by giving written notice to the other Managers and all the Members. The resignation of a Manager shall be effective on the date stated in the notice, whether or not it is accepted by the other Managers or Members. Croissant Family Farm, LLC Operating Agreement Page 20 .,_ Pt c, .576 8.9 Disability of Manager The authority of any Manager shall be suspended during any period of disability, as defined by the Operating Agreement. Any Manager under a disability may be removed by vote of all the other Members other that the Manager whose removal is at issue. 8.10 No Discharge of Responsibility A Manager's resignation, removal, or disability shall not discharge the Manager of responsibility for any of the Manager's acts or failure to act while serving as Manager. 9. AUTHORITY AND DUTIES OF MANAGERS 9.1 Authority ofManagers The Managers have the sole authority and responsibility to make daily management and operational decisions concerning the Company, other than decisions reserved to the Members in the Operating Agreement. The Managers shall take all actions that may be necessary or appropriate in the Company's interest according to the business judgment rule. Managers shall have the duties and obligations of fiduciaries under Colorado law. 9.2 Manager's Authority to Act. Except as otherwise provided by the Operating Agreement, any one or more of the Managers, acting separately or jointly, shall have full authority to manage the Company and to act for and in the name of the Company in all respects. The powers of the Managers shall include but not be limited to: (a) Opening, closing, and transferring bank, savings, credit union, investment, stock, and other financial accounts in the name of the Company; issuing checks, electronic transfers, and other payments; endorsing checks and drafts; withdrawing, depositing, and transferring funds; acquiring and redeeming certificates of deposit; borrowing money for the Company's business; and conducting all other financial transactions on behalf of the Company. (b) Obtaining, using, changing, and acquiring rights in the Company's online identifications, user names, passwords, and identification numbers to access, view, use, transfer, and download digital files and documents from electronic accounts, digital media file accounts, Internet websites, intranet sites, data storage sites, and electronic channels of communication for any purpose. (c) Repairing, maintaining, and improving any real property and personal property on behalf of the Company. (d) Preparing, signing, consenting to, delivering, recording, and filing any title, deed, deed of trust, security agreement, lease agreement, record, Croissant Family Farm, LLC Operating Agreement Page 21 report, tax return, notice, claim, and any other document or communication, in any jurisdiction, that may be necessary, desirable, or required to accomplish a purpose of a transaction or to safeguard or promote any of the Company's interests. (e) Seeking the assistance of a court, governmental agency, or means of alternative dispute resolution with respect to any present or future claim by or against the Company, to safeguard the Company's interests, or otherwise act on the Company's behalf. (f) Engaging, compensating, and discharging experts, advisors, agents, contractors, and employees. (g) Dealing in any manner with any invention, process, copyright, trademark, business data, business or trade secret, business method, client or customer list, dealership, franchise, license, manufacturing process, or other tangible, intangible, creative, and intellectual property or data. 9.4 Agents of the Company. The Managers may appoint one or more agents to carry out duties and exercise authority as designated by the Managers. Agents shall be at least 18 years of age. Agents shall not take actions outside the ordinary course of the Company's business without the prior written consent of the Managers. 9.5 - Managers' Devotion to Duty. Managers shall devote reasonable time, attention, and effort to the Company's business. Managers may engage in any business and investment activities that do not materially impair the Company's operations or profits. However, a Manager does not violate a duty or obligation to the Company solely because the Manager's conduct furthers the Manager's own interest. 9.6 Competing or Conflicting Transaction. A Manager may contract with any Manager, Member, or affiliate to provide services to or for the Company for profit. A Manager may engage in any business or investment activities that may constitute an actual or apparent conflict of interest with the Company, the other Managers, or the Members. However, if a Manager engages in an activity or transaction that is likely to materially impair the Company's profits, the Manager shall promptly disclose all material facts of the activity or transaction to the other Managers and Members and shall suspend the activity until all the Members, other than the Manager, have voted to approve or ratify the Manager's participation in the activity or transaction. 9.7 Meetings of Managers The Managers may hold meetings at any time and place agreed to by all the Managers. The Managers may establish a schedule of periodic meetings for which no further notice shall be required Any Manager may call a meeting of the Managers on Croissant Family Farm, LLC Operating Agreement Page 22 Pop_ 4G PY at least 72 hours' advance notice by delivering a notice to all the Managers stating a reasonable date, time, and location for the meeting. A Manager who attends a meeting waives any objection based on lack of notice or defective notice unless the Manager makes the objection at the beginning of the meeting. 9.8 Electronic Participation in Meeting of Managers. Managers may participate in meetings by telephone or other electronic media through which all Managers participating may simultaneously hear or otherwise communicate with each other. 9.9 Decisions of Managers A decision of the Managers shall constitute the decision and act of the Company and shall be effective on the date the Managers' vote was completed, on the date the required number of Managers have signed a written memorandum or other document, or on the effective date stated in the written memorandum as signed. 9.10 Records of Managers' Actions The Managers shall keep written records of their actions and copies of all memoranda and other documents signed by the Managers with the Company's records. 10. ACCOUNTING AND RECORDS 10.1 Fiscal Year. The Company's fiscal year shall be the calendar year for both tax and fmancial reporting purposes. Books shall be closed as of December 31 each year and balanced on or before March 15 of the next year. 10.2 Certified Public Accountant. The Members shall appoint a Certified Public Accountant to prepare profit and loss statements, balance sheets, and tax returns and statements. On each year-end balance sheet, the Certified Public Accountant shall include any adjustments to the values shown in the Auctioneer's Opinion of Value dated February 3, 2015, a copy of which is attached to the Operating Agreement as Schedule C, for approval at the annual meeting of the Members. 10.3 Method ofAccounting. Books shall be maintained according to generally accepted accounting principles. Books may be maintained on a cash or accrual basis, as determined by the Company's Certified Public Accountant. 10.4 Audit. One or more Members may demand an audit of the Company's books at the expense of the Members making the demand. Any such audit shall be conducted for whole, completed fiscal years only. If the auditor's report identifies malfeasance or mismanagement by any of the Members or Managers, the Company shall reimburse the Members who initiated the audit for the cost of the audit and may seek reimbursement from the responsible persons. Croissant Family Farm, LLC Operating Agreement Page 23 PY 10.5 Tax Elections. The Company may make any advantageous elections allowed for tax purposes, including but not limited to: (a) Making special allocations under Internal Revenue Code section 704 and corresponding regulations. (b) Making basis adjustments in connection with the transfer of a Member's percentage interest and elections under Internal Revenue Code section 732 and 754 and corresponding regulations. (c) Using accelerated depreciation for depreciable assets. (d) Capitalizing organizational expenses and amortizing them over the period allowed by the Internal Revenue Code and corresponding regulations. (e) Electing treatment as an S Corporation or conversion of the Company to a different form of entity. 10.6 Tax Reporting. By March 31 in each calendar year, or sooner if required by the Internal Revenue Code and corresponding regulations, the Managers shall deliver to the Members any required Form K-1, Form 1099, and other forms, reports, and information needed by the Members to prepare individual federal and state tax returns. 10.7 Required Books and Records. Managers shall maintain the following books and records at the principal office of the Company, the office of the Company's Certified Public Accountant, or any other place designated by the Managers: (a) The Company's Articles of Organization, Operating Agreement, and any amendments. (b) (c) A current list of the name and contact information of each Member and Manager, including the last -known business, residence, or mailing address. Copies of the Company's federal, state, and local income tax returns for all years of operation. (d) True and full information regarding the business and financial condition of the Company and any written consents, resolutions, and minutes. (e) True and full information regarding the amount of cash and a description and statement of the agreed value of any other property or services that Croissant Family Farm, LLC Operating Agreement Page 24 ha- 9e- PY liquidating the Company's assets, and distributing the assets according to the Operating Agreement. 11.3 Required Distributions on Dissolution. Assets shall be converted to cash and distributed, or shall be distributed in kind, in the following order: (a) First, in payment of the Company's secured and unsecured liabilities. (b) Second, in payment of reasonable compensation and expenses incurred in the dissolution. (c) Third, in payment to the Members for the return of their capital contributions. 11.4 Final Distributions on Dissolution. Any assets remaining after making all other required distributions shall be distributed to the Members in proportion to their Membership Interests before dissolution. 11.5 Dissolution If No Members. If the Company has no Members, the legal representative of the last person to have been a Member shall be deemed to be the sole Manager for purposes of winding up the Company's business. If the legal representative declines or fails to wind up the Company's business, the persons owning a majority of the rights to receive distributions shall appoint a person do so, and the appointee shall be deemed the sole Manager for these purposes. 12. RESOLUTION OF DISPUTES 12.1 Required Mediation. The Members shall make their best efforts to resolve any disagreements without court action. Any dispute, claim, or controversy arising out of or relating to the interpretation of the Operating Agreement or a claimed breach of the Operating Agreement shall be first submitted to mediation before the Company or any Manager, Member, or former Manager or Member commences litigation. Mediation shall be conducted at any place agreeable to a majority of the Members and by a mediator qualified and experienced in business mediation selected by a majority of the Members. All those involved in the dispute, claim, or controversy shall make a good faith effort to resolve the issues in mediation and shall share equally in the costs of mediation. If any Manager, Member, or any former Manager or Member commences litigation without first submitting the matter to mediation under this Article, then the court in its discretion shall require early mediation under the auspices of a settlement judge or other qualified mediator. 12.2 Jurisdiction and Venue. If court action is required, venue and jurisdiction shall be in the courts of Weld County, Colorado. However, if the Members or Managers change the Croissant Family Farm, LLC Operating Agreement Page 26 oc_ fr.— d9c Company's principal place of business to another location, then the state court with jurisdiction in the county at that location shall have jurisdiction and venue. 12.3 Attorney Fees. In any court action concerning the Operating Agreement or any other contract relating to the Company, the prevailing party shall be entitled to an award of reasonable attorney fees and costs, including those on appeal, from the non -prevailing party or parties. 13. DEFINITIONS 13.1 Disability. A person or entity shall be "under a disability" or "disabled" for purposes of the Operating Agreement if the person or entity: (a) sends a notice of disability to the Members for this purpose; (b) becomes subject to court proceedings in bankruptcy, receivership, guardianship, or conservatorship; (c) is dissolved or is winding up its business; or (d) is unable to or has ceased to perform the majority of the person's or entity's usual and customary duties with respect to the Company's business for a period of six months or more. A formal adjudication of incapacity may be obtained but shall not be required to establish the disability of a person. 13.2 Encumbrance. For any purpose under the Operating Agreement, an "encumbrance" of an interest in the Company includes any actual, pending, proposed, or anticipated lien, mortgage, collateral agreement, security agreement, charging order, judgment, decree, claim, petition in bankruptcy, assignment for benefit of creditors, or other obligation affecting the interest, whether voluntary, involuntary, or by operation of law. An interest in the Company shall be deemed encumbered if an involuntary proceeding is filed against the holder of the interest seeking bankruptcy, reorganization, liquidation, dissolution, receivership, or similar relief and the proceeding is not dismissed within 120 days after the proceeding is filed. 13.3 Transfer. For any purpose under the Operating Agreement, a "transfer" of an interest in the Company includes any actual, pending, proposed, or anticipated sale, purchase, offer to sell, offer to buy, gift, devise by will or other testamentary instrument, or other conveyance of the interest. 13.4 Days. References to a "day" or "days" shall mean a calendar day or days and shall include days that fall on legal holidays or weekends. 13.5 Number and Gender. Unless the context requires otherwise, words denoting the singular may be construed as denoting the plural, and words denoting the plural may be construed as denoting the singular. Words of one gender shall be construed as denoting another gender, if appropriate. 13.6 Spouse, Chila and Descendant. The terms "spouse," "child," and "descendant," as well as the relationship of parent and child, shall have the meanings defined by the Colorado Croissant Family Farm, LLC Operating Agreement Page 27 Probate Code and other Colorado law. 14. INTERPRETATION AND ENFORCEMENT 14.1 Good Faith and Fair Dealing. Members and Managers shall exercise their rights and perform their duties under the Operating Agreement consistently with the contractual obligation of good faith and fair dealing. A Member shall not be liable for any loss or damage to the Company to the extent that the Member or Manager proves that the act or failure to act was taken in good faith to promote the Company's best interests. 14.2 Incorporation by Reference. All exhibits, schedules, and other documents, that accompany this Agreement or that are referred to in this Agreement are incorporated by reference and shall be treated as a material and integral part of this Agreement. 14.3 Amendment of Operating Agreement. Any modification or amendment of the Operating Agreement must be in writing and approved by the Members. Any oral or other attempted amendment or modification of the Operating Agreement shall be void and unenforceable. 14.4 Assignment. The rights, interests, and obligations set forth in this Agreement shall not be assigned to a creditor or third party unless allowed by the Operating Agreement or unless all the Members have given their prior written consent. Any purported assignment without such consent shall be void and unenforceable. 14.5 Cumulative Rights. The rights and remedies provided in the Operating Agreement are cumulative and the use of any right or remedy does not limit a party's right to use any or all other remedies. All rights and remedies in the Operating Agreement are in addition to any other legal rights the parties may have. 14.6 Waiver. Any waiver must be in writing. A Member's failure to insist on the strict performance of any provision of this Agreement shall not constitute a waiver of any of the Member's right to enforce the provision or any other provision ofthis Agreement at a later time. 14.7 Jurisdiction and Venue. The courts of Weld County, Colorado shall have jurisdiction and venue of any court action concerning the Operating Agreement or any contract under the Operating Agreement, unless the Managers change the Company's principal place of business to another location, in which case the state court with jurisdiction in the county at that location shall have jurisdiction and venue. 14.8 Severability. If any word, phrase, or other provision of this Agreement is found by a court to be illegal, invalid, or unenforceable, then that word, phrase, or provision shall be severed and shall not impair the legality, validity, or enforceability of the remainder of the Croissant Family Farm, LLC Operating Agreement Page 28 _c__ Om, 49'c- Agreement. 14.9 Headings. The headings in this document are solely for convenience or reference and shall be given no effect in construing or interpreting this Agreement. 14.10 Notices. Any notice required or permitted by the Operating Agreement shall be in writing and shall be delivered by personal delivery, email or other electronic transmission, facsimile, overnight delivery service with tracking requested, or certified U.S. Mail return receipt requested. The sender shall prepay all postage and delivery charges. Notices shall be directed to the recipient's postal address, physical address, facsimile number, or electronic address then on file with the Company. 14.11 Communications Among Members and Managers. If desired, Members and Managers may communicate with each other and deliver information and documents other than notices required by the Operating Agreement by text message, by electronic mail, or by providing access to electronic storage. The intended recipient shall first agree to the method of communication and delivery and shall be provided all passwords, security measures, and instructions needed to obtain delivery of or gain access to the communications, information, or documents. 14.12 Change of Contact Information. Members and Managers shall notify each other of any change in postal address, physical address, telephone number, facsimile number, electronic mail address, or contact information by notice delivered according to the Operating Agreement. 15. ACKNOWLEDGEMENTS AND SIGNATURES 15.1 Acknowledgements. By signing this document, the Members acknowledge that they have read this Agreement in its entirety and that they understand each of its provisions. The Members acknowledge that they have each had sufficient time to seek and receive advice and counsel from attorneys, accountants, and other advisors to the extent desired before signing this Agreement. 15.2 Entire Agreement. This document replaces all prior written and oral agreements and understandings of the Members with respect to all matters within the scope of this document. I 15.3 Signatures and Counterparts. A signature on this document that is transmitted by electronic mail, facsimile, or other electronic means shall be as effective as an original signature. Separate, identical copies of this document may be signed and, taken together, shall be effective as a single signed document. CROISSANT FAMILY FARM, LW Croissant Family Farm, LLC Operating Agreement Page 29 c_., 1-0.-- .9'e--- Signed: Larry L. Crqi s nt, Member 49316 County Road 83 Briggsdale, CO 80611 (970) 656-3545 Icroissant@wigginstecom Signed: Pa tie+ (-1142-3/2496— Patricia Jean Croissang Member 49316 County Road 83 Briggsdale, CO 80611 (970) 656-3545 lcroissant@wiggmsteLcom Signed. James DCroissant, Member and Initial Manager 26442 County Road 15 Johnstown, CO 80534 (970) 218-6507 jcrois1017 c@aol.com Croissant Family Farm, LLC Operating Agreement Page 30 Weld County Public Works Dept. 1111 H Street P.O. Box 758 Greeley, CO 80632 Phone: (970)304-6496 Fax: (970)304-6497 Property Owner Name Company Coulson Excavating Company, Inc. Address 3609 North County Rd 13 City Loveland State CO Zip 80538 Phone 970-667-2178 E-mail ken@coulsonex.com Information The access is on CR 13 Nearest intersection: CR 13 & CR 54 ACCESS PERMIT APPLICATION FORM Authorized Agent/Applicant (if different from Owner) Name Company Address City State Zip Phone E-mail Proposed Access Information Culvert size & type (15" CMP/RCP min.) 18"CMP Materials used to construct access Road base/Asphalt Distance from intersection: 603 ft. Access construction schedule Spring 2020 Parcel number: 095719300061 Section/Township/Range: 19/5N/67W Total number of existing accessesto parcel: Total number of proposed accesses: 1 Latitude 40.37967 N Longitude 104.94500 W Planning/building case number Approx. width of access 60ft Proposed Access Count Existing Access Count Residential Residential Commercial 270-430 VPD Commercial Oil and Gas Oil and Gas Agricultural Agricultural 4 VPD Description of Work Temporary Construct paved compound curve (600'-50'-200') radius access for W67 trucks. Also SB Left Turn Lane on CR13 into site. Required Attached Documents Property map or sketch (template available on pg. 2) indicating all proposed and existing accesses Access Pictures (N, S, E, & W at the location where the access meets a county maintained road) Access Authorization Form (Not required if the application is signed by the property owner) Additional application materials may be required by the Public Works Department Fee schedule $75 - Temporary, Small Commercial & Residential $150 - Industrial & Large Commercial Submit application to accesspermits@weldgov.com By accepting this permit, the undersigned Propert • er Authorized Agent, under penalty of perjury, verifies they have received all pages of the permit application; they have read and understand all the • it requi ents a • - • rovisi • • set forth on all pages. By virtue of their signature the Property Owner/Authorized Agent is bound by and agrees to co yam,;•• i .�•� it irem is and; • isions, all Weld County ordinances, and state laws regarding access construction. Signature rinted Name fibetidare A1V13/202,0 Signature Printed Name Date (In case of multiple Property Owners/Authorized Agents) Accesses must be constructed within 1 year of issuance. An extension can be requested from the Weld County Public Works Department. Accesses must be in accordance to Chapter 12, Article V and Appendix 12-A of County Code Page 1 of 2 PARCEL SKETCH A =EXISTING ACCESS P=PROPOSED ACCESS CR-56 AA BIG T RIVER COULSON PARCEL 095719300061 CR-54 • I i L H1 I II I I I I I . . .. . . .+ - / .. ROW ROW ROW ROWROW I ROW ROW Rt.m ROW ROW ROW ROW ROW *OR ROW ROW ROW ROW MNI 1 -- I ROW R0A I ILOVELAND READY MIX BOKELMAN-WALTERS PIT ACCESS I I TRUCK MOVEMENTS LEFT IN RIGHT OUT ONLY 1 1 r PROPOSED EDGE OF PAVEMENT 1 (2FT SHOULDER) / 1 / \ / \ i \ •• -. � f - - ---_.mss S' — _ STA:5+42.21 STA 6103-67 [OFF:0.00• . - OFF 0.00' STA. T+67 62 .. 0+00 I 1+00 OFF 000 33 T TAPER STA 6+ 2+00 3+00 4+00 5+00 6+00 OFF: O.C _�-_ _..- 11 1T - - I END TAPER BEFORE RESIDENTIAL ACCESS �� R6000FT \ 'i , / PROPOSED AGGREGATE EXISTING EDGE OF PAVEMENT RSO.OFT \\ RESOURC AMEN ACCESS // 1 / . I 1 I i r I SOS Ks AWN X011 MOW MOW SW•OS SOS rOn roe rue ran run SOS x011 SOY •OY 1I 1 + SUM *05 - • I I I I f R200.0FT 1 ( I I I I - 4840, T 4840 — 483&- -4 - - — — -4830 -- - a820-' J =4820 I _ _ _ -p.m —trier=t in - '--�- -0.45* i d 3 i 4810--`- .a -1'o4x - - - r ., _ _ -0.T97[_ - _ - - - - z --� o.o� - --• E-4810 --- - - - 4800. 1 _ - - .--4800 ~ — a 0+00 0+25 0+50 0+75 1+00 1+25 1+50 1+75 2+00 2+25 2+50 2+75 3+00 4790 3+25 3+50 3+75 4+00 4+25 4+50 4+75 5+00 5+25 5+50 -- - -� REVISIONS AMEN AGGREGATE RESOURCE USE BY SPECIAL REVIEW WELD COUNTY, CO _ WCR 13 ACCESS SHEET 1 - - - - -- Welland. Inc. £nvlrcnmenta! & Engineering n.„ 1"-20' GAG •.r ACCESS.DWG tt • REV aoaor IOW d0tN k.4 CO 00308 44J I COULSON EXCAVATING CO, INC =r•�^ C1w aRa,eaR. PFw 1 •1/8/2020 fr.• EF 1 OF3 p' II Ii F I I � �• I - ROW ROW -I ROM ROW ROW ROW ROW ROW ROW ROW ROW ROW ROW Row ROW ROW ROW ROW vow ROW ROW ROW ROW ROW I LOVELANO READY MIX I I-WALTERS PIT ACCESS I Y I / \ I III / \ / \ STA'5+4221 STA:6+03.67 600F DECELERATION LENGTH OF:: 0.00. OFF:000' O STA 6+65.12 6+001 OFF 0.00• 7+00 8+00 9+00 10+00 11+00 12+00 - -=.-..... -1--t-- - •-r -- -+-- �- f --t- --I - I ...4-__�- _ ...... - t ---1- r r \ \ V P4OPOSEI) AGGREGATE 4T RSOOFT \\ RESOURC \ 1 / (f / AMEN ACCESS // F / I / MOS MOM ; i I I R200 OFT I 1 I I I I I MOtl MOM 1404 MOO MOM MOM MOO MOS spy SOS MOM MOH MOW MOO 400 MOM M0tl MOO MOM MOH I I I I I I I I - - - -- M -' 4840 ,_ ______ • . _4840 4830-` _. "-4830 - . 4_. sTA 6+0301 • — 4820" —'• -4820 17 60 LINE OF SIGHT TO THE NORM -- + 4 4810=x_3011- ^0.30* -0.4211 ' -@:♦ilt -0.05% - -411% i - - -ana _-alsf _,.. l .B _ _ _ 4810 4800H - + - - 4800 r - i 5+ 5+75 50 6+ 6+25 6+75 T 7+25 1 7+75 8+25 00 6+ 50 7+00 7+50 8+00 8+ 8+75 9+25 9+75 10+25 10+75 11+25 11+75 4790 50 9+00 9+50 10+00 10+50 11 +00 11 +50 12+00 �a- REVISIONS ErnvironlmWeilad. ngi Bering rieaar 1008) aout.:a CU 80308 AMEN AGGREGATE RESOURCE USE BY SPECIAL REVIEW WELD COUNTY, CO WCR 13 ACCESS SHEET -2 it 0CK MfMn ytt i/WJ.TA KYI 1"-20' CIAO 4` ACCESS.DV G 4r • REV ph 303-443-9521 _ COULSON EXCAVATING CO, INC no."frtn.tOM trw PFW conS.., 1/812020 2 OF 3 kr. / • - ROO ROR \ ' T RCM ROW ROME ROM ROR ROe ROW ROW ROW ROW Imr .o. �. a- ,�a a ' / .,:! _ I . / �- I - -• _ -� ter- .--•-_-�-r r- 4,./.,-/...._.. _ — — — — 1a-a.t — �zsr a - _ .---- --_ -- - _ -- -. _ -' . -�-- i- - - - '- - \N. �\ 7 // • 1E1.St1 TAPER STA 12+65.12' 13+00 ♦ . 55 I TAPER +00 OFF 00014+00 / 15+00 STA' 16+70 16+00 17400 15+00 0f1 0 `\N / \ ` \ `\ ice''/ a tiara u — a.••.� a em� . . _ _i - _ — • (/I / // I J r-- l // _.:,- ) iir 1 / / .- \ 4/ ii / ( �_ _�Y i \ /�,/ /7//I 4840 4840 ; -- . - :• - - _ 4830-; -' { - - _-4830 1 ---• I 2. 4820-; • LINE OF SIGHT TO THE NORTH tELEVt6+)7.601 - • -4820 �� Q4� - -nn i• • • T b, - ....e ii; `�— ....�7 4810 : assx J.12,71_-,..- �� _ , - - Y _.�� - -4810 — r y _ - a8o4800-7..- - _-�-- 80 0 - 474 - • 12+50 12+75 13+00 13425 13+50 13+75 14_00 14425 14+50 14+75 15+00 15+25 15+50 15+75 16+00 16+25 16+ 50 16+75 17-00 17-25 17+50 174-75 18+00 18+25 18+50 18+7090 REVISIONS efland. Inc. AMEN AGGREGATE RESOURCE USE BY SPECIAL REVIEW WELD COUNTY, CO WCR 13 ACCESS SHEET -3 nvk'oertrr��r7tal & Engineering PO NU I aaaoca co80306 °n3at...7I 'AL t 1--20• CMG , VV ACCESS.DG H REV COULSON EXCAVATING CO, INC on•~SW w OW30F3 eMc,i,R. PAN OW 1/8/2020 WSW ' 4 COLORADO Division of Reclamation, Mining and Safety Department of Natural Resources 1313 Sherman St. Room 215 Denver, CO 80203 December 5, 2019 Ken Coulson Coulson Excavating Company, Inc. 3 609 North Couhty Road 13 Loveland, CO 80538 Re: File M2019-025, Amen Aggregate Resource, 112c Decision Letter - Financial and Performance Warranty Request - Construction Material Operation Ken Coulson: On December 5, 2019, the Division of Reclamation, Mining and Safety approved your 112c mining permit application. The amount of financial warranty set by the Division for this operation is $375,904.00. You must submit a financial warranty in this amount and a performance warranty in order for us to issue a permit. In the event you have requested a financial warranty form, we have enclosed it in this letter. If you have not, please select a type of financial warranty from Rule 4.3. Then contact us so that we can provide you with the appropriate warranty form. We have enclosed a performance warranty form with this letter for your use. PLEASE NOTE THAT MINING OPERATIONS MAY NOT COMMENCE UNTIL A PERMIT HAS BEEN ISSUED BY THE DIVISION AFTER RECEIPT OF YOUR FINANCIAL WARRANTY AND PERFORMANCE WARRANTY. A PERMIT WILL NOT BE ISSUED UNTIL WE VERIFY THE ADEQUACY OF BOTH YOUR FINANCIAL WARRANTY AND PERFORMANCE WARRANTY. If you have any questions, please contact me. Sincerely, Eric C. Scott Environmental Protection Specialist Enclosure cc: Peter Wayland, Weiland, Inc. M -AP -18 1313 Sherman St. Room 215 Denver, CO 80203 P (303) 866-3567 F (303) 832-8106 https://mining.state.co.us Jared Polls, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director Weilan din a Environmental & Engineering DRAINAGE REPORT AMEN MINING RESOURCE Prepared For Coulson Excavating Co., Inc. 3609 N. County Rd 13 Loveland, CO 80538 Prepared By: Weiland, Inc. PO Box 18087 Boulder, CO 80308 January 10, 2020 PO BOX 1BOB7, Boulder, CO B03DB ph 303-443-0951 TABLE OF CONTENTS 1.0 BACKGROUND 2 1 1 DRAINAGE AREA DESCRIPTION 2 2.0 METHODS 4 3.0 HISTORICAL OFFSITE DRAINAGE 5 4.0 ONSITE DEVELOPED DRAINAGE 6 5.0 DISCUSSION AND CONCLUSIONS 7 FIGURES FIGURE 1 -Site Location Map SHEETS SHEET -1 - Historical Drainage SHEET -2 - Developed Drainage APPENDICES APPENDIX I Soil Survey APPENDIX II Table All 1 CUHP Model Inputs 100yr Historical Table All 2 CUHP Model Outputs 100yr Historical Table All 3 CUHP Model Inputs 10yr Historical Table All 4 CUHP Model Outputs 10yr Historical Table All 5 CUHP Model Input 100yr Developed Table All 6 CUHP Model Output 100yr Developed APPENDIX III Table AIII 1 UD-Detention Input and Output i 1.0 BACKGROUND This drainage report has been prepared in support of the Amen Aggregate Resource (AAR) Weld County Use by Special Review (USR) application The site occurs in the area designated by the County as the Non -Urbanized Drainage Area Section 8-11-40 - Drainage Policy of the Weld County Code states that exceptions to the drainage requirements include "Gravel pits if the stormwater drains into the gravel pit Releases from the site shall comply with the Weld County Storm Drainage Criteria, including dewatenng Topographical information shall be provided " "Exceptions shall be supported with an approved drainage narrative, which must describe at a minimum 1 Any existing and proposed improvements to the property 2 The exception being requested for consideration 3 Where the water originates if it flows onto the property from an off -site source 4 Where the water flows as it leaves the property 5 The direction of flow across the property 6 Previous drainage problems with the property, if any 7 The location of any irrigation facilities adjacent to or near the property 8 Any additional information pertinent to the development " This USR application therefore requests that area of the AAR gravel pit which is outside of the proposed HMA Plant and aggregate processing area be considered for exception Narrative items 1 through 10 listed above are described herein The site occurs in the FEMA designated floodplain The details of the floodplain are given in the No Rise Certification report prepared by Ayres & Associates, which has been prepared as part of the Floodplain Hazard Permit application This report will analyze historical offsite drainage north of the property and developed onsite drainage of the HMA plant and aggregate processing area The onsite developed drainage includes engineered detention that will release at equal to or less than historical flow rates and will include a water quality feature 1.1 DRAINAGE AREA DESCRIPTION The site is located in the South'/ of Section 19, T5N, R67W (see Figure 1 Site Location Map) The mining site includes approximately 150 acres and is bounded by the Hill & Brush (H&B) Ditch to the north and Weld County Roads 13, 54 and 15 to the west south and east respectively The site occurs in the Big Amen Aggregate Resource Drainage Report 2 of 7 Thompson River basin, which extends from Estes Park to the west and to LaSalle to the east and encompasses 835 square miles The site is bisected by the Big Thompson River which flows south south-east for approximately 3,000 ft then south for approximately 1,800 ft through the site The onsite land slopes gently to the south and east at approximately 0 3 % north of the river, 0 3 % to the east south of the river and 0 2 % south east of the river Stormwater drainage onsite generally follows the slope of the land The onsite soils are primarily Aquents, gravelly substratum, Soil Hydrologic Group D (see Appendix I Soil Survey) Several sub -basins occur to the north of the property and outfall at the H&B Ditch which is known to accept small runoff events, however larger runoff events overtop the ditch and flow through the site to the south to the river The onsite sub -basin south of the river is bounded by CR 13 to the west and CR 54 to the south These drainage divides (roads) prevent runoff from sub -basins to the south from entering the site All of the drainage of lands south and west of the river originates onsite The County roads have a borrow ditches which route roadway drainage to the river The only potential drainage problems with the property relate to lands north of the river Amen Aggregate Resource Drainage Report 3 of 7 2.0 METHODS Determinations of sub -basin boundaries were made as follows A 3 -Dimensional surface model was developed of the existing ground utilizing Civil 3d 2020 with digital elevation data obtained from the CWCB 2013 lidar survey The water drop tool was then used to determine drainage divides and sub -basin boundaries were then drawn CUHP was used to model the rainfall runoff events using the 100 - year and 10 year 1 -hour storm hyetographs from the Windsor rain gage site Sub -basin model input parameters were determined from Civil 3d 2020 and the soil survey hydrologic groups Amen Aggregate Resource Drainage Report 4 of 7 3.0 HISTORICAL OFFSITE DRAINAGE The only offsite sub -basins which flow through the site occur north of the property Historical flows were modeled for the purpose of 1) insuring that the project will not block drainage which has historically traversed the property to outfall at the river 2) make recommendations to the H&B Ditch as how to protect the ditch structure from damage from large runoff events Managing stormwater across the ditch could serve to protect the mining operation from excessive stormwater/ditch flows due to ditch bank failure The sub -basins north of the site developed as described above in Section 2.0 - Methods are shown in Sheet 1 Historical Drainage. The CUHP model inputs and outputs are given in Appendix II. The most significant modeled 100 year runoff peak flow comes from OS -1, which is 106 51 c f s OS -1 routes through OS -5, which then outfalls to the H&B ditch where it will overtop and flow through the Amen site (north) The south bank of the H&B ditch adjacent to the OS -5 outfall has been built up to prevent breaching, however stormwater spills out of the ditch just downstream as shown in Sheet -1 Offsite Drainage, H&B Spillway #1) The breach area is unprotected soil and is likely to significantly head cut back during a big storm event Similarly, an overflow lateral ditch occurs down ditch under OS -8 and OS -8 1 (see Sheet -1 Historic Drainage, H&B Spillway #2) This outlet does have a concrete outlet structure however it is eroded on both sides The area of the proposed HMA Plant and Aggregate Processing area has also been modeled (S-1) to determine historical runoff rates for the 100 year and 10 year 1 -hour storms The peak modeled 100 year 1 -hour peak flow for S-1 is 17- c f s at45min Amen Aggregate Resource Drainage Report 5 of 7 4.0 ONSITE DEVELOPED DRAINAGE The project will construct a Hot Mix Asphalt (HMA) Plant and set up an Aggregate Processing area The HMA plant area will have a paved access road, scale and scale house and several large pieces of machinery surrounded by sand a gravel where trucks and machinery process and move aggregates to the plants Sub -basins draining these plant areas are designated S-1 and S-2 The two sub -basins combined areas equal approximately 9 9 acres and are composed of an average of 8 65% developed impervious surfaces and hydrologic group D soils (see Sheet 2 Developed Drainage). The modeled peak flows for S-1 and S-2 are both 9 c f s (18 25 c f s combined at 40 min) The pads for both plants will be graded to drain to the north The developed drainage will route all runoff from S-1 and S-2 to an Extended Detention Basin (EDB) structure with a water quality feature designed with UDFCD'S detention spreadsheet software A preliminary design is given in Appendix II. The approximate location of the detention pond is given in Sheet 2 Developed Drainage. Final design of the EDB will be given in the Final Drainage Report Amen Aggregate Resource Drainage Report 6 of 7 5.0 DISCUSSION AND CONCLUSIONS The potential for significant offsite stormwater from the north to enter the site in the vicinity of Cell 5 is possible, however the mining activity in the area is only expected to last 1 5 years The existing H&B spillway occurs away from the mining areas, so unless a large storm were to occur, drainage will unlikely affect the operation of the mine If a large storm were to occur, the mine would likely flood, however flooding of the mine is unlikely to damage anything other than the operator's equipment should it not be removed in time The recommendation for this area is therefore no action, except to have discussions with the ditch about if they want to flood proof their ditch for their own protection The potential for significant offsite stormwater from the north to enter the site in the vicinity of Cell 1 is also possible The mining activity in this area is expected to last 2 0 years There is an existing ditch that routes flow from the H&B Spillway #2 across the proposed Cell 1 area as shown in Sheet -1 Historical Drainage A new ditch will be constructed to route this flow to the river as shown in Sheet 2 Developed Drainage. For the majority of the site where gravel pit excavation occurs (area claimed as the exception), stormwater will drain into the pits, where it will either be pumped out or allowed to seep into the ground Narratives discussing items 1-10 listed in Section 1.0 Introduction are provided throughout this report For the developed ground, all stormwater originating from developed sub -basins S-1 and S-2 will be routed to an engineered EDB which will treat any sediment laden water and release at the historical volumetric rate of no greater than 17 c f s for up to the 1 -hr 100 year storm event Since the final developed drainage area may change due to the access location on the property, the final design of the EDB will be submitted to the County for review and approval following the finalization of the access location Amen Aggregate Resource Drainage Report 7 of 7 Welland. Inc. mental & Engineering PO 90E 18081 antra CD 90.306, Ph 303-443 952: far 303-443.9536 AMEN AGGREGATE RESOURCE DRAINAGE PLAN WELD COUNTY, CO V=300' LEGEND EXISTING MAJOR CONIOuR - S FT EIUSIING IMMOR CONTOUR - I FT EXTSTM EDGE OF ASPHALT ROAD EXISTING MIKE EXISTING TREES (PRIMARILY COTIONW000) (XKTING PARCEL BOss10ARY (SURROUNDING) EXISTING SECTION LINE EXISTING RIGHT OF WAY (ROAD) Er rECnv( FLOOOPLAI YOUNDAR♦ - LONE AL (I1STING RIYER/CAMAL AR/PROPERTY SOLROARY PROPOSED LIMITS OF MINING c----' e — — — — a DRAINAGE SYMBOLS SUB -BASIN IDENTIFIER HYDROLOGIC SOIL. OS - GROUPS PERCENT MPERTnOUS SUB -BASIN ACREAGE FLOWPA7H ..... 5 FLOWPADi GRADE ftOWPATH SEGMENT LENGTH SHEET 1 HISTORICAL DRAINAGE CM, 0.i3 OFFSITE.OM o.tT 1/1W2020 wt t' 1 OF 2 t SITE • ACCESS .t. • SCALE HOUSE CELL 4 Lx1LNUEU DETENTION BASIN — 0 4 ocres. Geometry T B CULVERT T.B.D. PAD ELEVATION .4810.64• s -,--,..•,._• —•4 - [�[-- — P GASr c.� NCg n.,. •.c�,�yryc ilf . - DCP GA`,- 00 GAS - -bCP GAY-- ._ _CC:' Id S- - - DC%' ,AS -OCP GAS •T -i� _._•��. ►--- •-- r-- • 4— • • REVISIONS w 34,1 •U .Aw).10 0 U AGGREG (E PROCESSING PLANT • CCP GAS - -OC➢ GAS- 4. - La CELL 3 CCP GAS U'..P GAS-DCP GAS- ---OCP GA: ,• .:w /%Y ' C' ' N ii / HILL of BRUSH OVERFLOW DITCH RE-ROUTE 411 BOTTOM 3.1 SIDES. 1.5 F1 DEEP, MIN (PA[F fit 1 l 1 ■ LEGEND as DATING MAJOR CONTOUR - S IT ERIS1iN0 MINOR CONTOUR - 1 F1 EXISTING EDGE OF ASPHALT ROAD EXbnNG FENCE EXISTING TREES (PtSARILY COIIONR000) EXISTING PARCEL BOUNDARY (SURROUNpsG) EXISTING SECTION LINE EXISTING Roll Or 0AY (ROAD) EFFECnv( FLOODPLAIN BOUNDARY - ZONE a EXISTING MYER/CANAL USE/PROM ITT BOUNDAST PROPOSED UNITS or SANG PROPOSED VANISHED GROUND CONTOUR Trt PROPOSED 1el15HE0 MOUND CONTOUR MI DRAINAGE SYMBOLS HYDROLOGIC SOIL GROUP(S) PERCENT IMPERVIOUS FLOWPATH SEGMENT LENGTH \55 A _7 1 637E FLOWPATH GRADE SUB -BASIN IDENTIFIER SUB -BASIN ACREAGE FLOWATH \1 ` \ \,err -` • -▪ •'- i'II NI — •. s L. ii ..• ' \ '/! / / .\\\\�\\__a1�59//�'_�ii 1\11('`\1\\��///_ \\ • • \ • t . \ t' - / • • \` • S _ - - .... - ▪ a z.. %.` -'4 - `�\.e� - =� ,� , - HQB SPILLWAY /2 r��, a-:. -%,%41/4-!. z..),-.:,-. ✓ ii, `4- tM` --, �q '4( + ■ ( it 1 I 1 / • 1/4 {• r a r a l'- 4, - W S i Welland. Inc. Environmental & Engineering .'O JUl $2021 dOLl.k.I CO 90309 ph 303.443 9S2I gar 303443 9638 AMEN AGGREGATE RESOURCE DRAINAGE REPORT WELD COUNTY SHEET 2 DEVELOPED DRAINAGE LC4f ismer 011044 DEV DRAINAGE.DWG rev REV "if 'a, J•9• COULSON EXCAVATING CO., INC. CTw t'•40' ,La PFW 01/10/2020 •. I f 2 OF 2 APPENDIX I - SOIL SURVEY Soil Map—Larimer County Area, Colorado; and Weld County, Colorado, Southern Part (AMEN AGGREGATE RESOURCE) MAP LEGEND Area of Interest (AOI) Area of Interest (AO') Soils Soil Map Unit Polygons r • Soil Map Unit Lines Soil Map Unit Points O Special Point Features u Blowout 4 Borrow Pit n k a 0 4 V _r • ov • 0 t stm Natural Resources al Conservation Service 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 a Is • Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation Rails I a Background Aerial Photography Interstate Highways US Routes Major Roads Local Roads Web Soil Survey National Cooperative Soil Survey MAP INFORMATION The soil surveys that comprise your AOI were mapped at 1 24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Larimer County Area, Colorado Survey Area Data: Version 13, Sep 10, 2018 Soil Survey Area: Weld County, Colorado, Southern Part Survey Area Data: Version 17. Sep 10, 2018 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) aerial images were photographed: Sep 20, 2015 Oct 21, 2017 10/25/2018 Page 2 of 5 APPENDIX I - SOIL SURVEY Engineering Properties Lamer County Area, Colorado; and Weld County, Colorado. Southern Part AMEN AGGREGATE RESOURCE Engineering Properties This table gives the engineering classifications and the range of engineering properties for the layers of each soil in the survey area. Hydrologic soil group is a group of soils having similar runoff potential under similar storm and cover conditions. The criteria for determining Hydrologic soil group is found in the National Engineering Handbook, Chapter 7 issued May 2007(http://directives.sc.egov.usda.gov/OpenNonWebContent.aspx? content=17757.wba). Listing HSGs by soil map unit component and not by soil series is a new concept for the engineers. Past engineering references contained lists of HSGs by soil series. Soil series are continually being defined and redefined, and the list of soil series names changes so frequently as to make the task of maintaining a single national list virtually impossible. Therefore, the criteria is now used to calculate the HSG using the component soil properties and no such national series lists will be maintained. All such references are obsolete and their use should be discontinued. Soil properties that influence runoff potential are those that influence the minimum rate of infiltration for a bare soil after prolonged wetting and when not frozen. These properties are depth to a seasonal high water table, saturated hydraulic conductivity after prolonged wetting, and depth to a layer with a very slow water transmission rate. Changes in soil properties caused by land management or climate changes also cause the hydrologic soil group to change. The influence of ground cover is treated independently. There are four hydrologic soil groups. A, B, C. and D, and three dual groups. A/D, B/D, and C/D. In the dual groups; the first letter is for drained areas and the second letter is for undrained areas. The four hydrologic soil groups are described in the following paragraphs: Group A. Soils having a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep. well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. Group B. Soils having a moderate infiltration rate when thoroughly wet. These consist chiefly of moderately deep or deep moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. Group C. Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission. Group D. Soils having a very slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink -swell potential, soils that have a high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. Depth to the upper and lower boundaries of each layer is indicated. USDA Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 10/25/2018 Page 1 of 22 APPENDIX I - SOIL SURVEY Engineering Properties-- Larimer County Area, Colorado: and Weld County, Colorado, AMEN AGGREGATE RESOURCE Southern Part Texture is given in the standard terms used by the U.S. Department of Agriculture. These terms are defined according to percentages of sand, silt, and clay in the fraction of the soil that is less than 2 millimeters in diameter. "Loam." for example, is soil that is 7 to 27 percent clay. 28 to 50 percent silt, and less than 52 percent sand. If the content of particles coarser than sand is 15 percent or more. an appropriate modifier is added, for example, "gravelly." Classification of the soils is determined according to the Unified soil classification system (ASTM. 2005) and the system adopted by the American Association of State Highway and Transportation Officials (AASHTO, 2004). The Unified system classifies soils according to properties that affect their use as construction material. Soils are classified according to particle -size distribution of the fraction less than 3 inches in diameter and according to plasticity index, liquid limit, and organic matter content. Sandy and gravelly soils are identified as GW, GP, GM GC, SW. SP, SM, and SC; silty and clayey soils as ML, CL, OL, MH, CH. and OH; and highly organic soils as PT. Soils exhibiting engineering properties of two groups can have a dual classification, for example. CL -ML. The AASHTO system classifies soils according to those properties that affect roadway construction and maintenance. In this system, the fraction of a mineral soil that is less than 3 inches in diameter is classified in one of seven groups from A-1 through A-7 on the basis of particle -size distribution. liquid limit, and plasticity index. Soils in group A-1 are coarse grained and low in content of fines (silt and clay). At the other extreme, soils in group A-7 are fine grained. Highly organic soils are classified in group A-8 on the basis of visual inspection. If laboratory data are available, the A-1, A-2, and A-7 groups are further classified as A -1-a. A -1-b, A-2-4, A-2-5, A-2-6, A-2-7, A-7-5. or A-7-6. As an additional refinement, the suitability of a soil as subgrade material can be indicated by a group index number. Group index numbers range from 0 for the best subgrade material to 20 or higher for the poorest. Percentage of rock fragments larger than 10 inches in diameter and 3 to 10 inches in diameter are indicated as a percentage of the total soil on a dry -weight basis. The percentages are estimates determined mainly by converting volume percentage in the field to weight percentage. Three values are provided to identify the expected Low (L), Representative Value (R), and High (H). Percentage (of soil particles) passing designated sieves is the percentage of the soil fraction less than 3 inches in diameter based on an ovendry weight. The sieves, numbers 4, 10, 40, and 200 (USA Standard Series), have openings of 4.76, 2.00, 0.420, and 0.074 millimeters, respectively. Estimates are based on laboratory tests of soils sampled in the survey area and in nearby areas and on estimates made in the field. Three values are provided to identify the expected Low (L). Representative Value (R), and High (H). Liquid limit and plasticity index (Atterberg limits) indicate the plasticity characteristics of a soil. The estimates are based on test data from the survey area or from nearby areas and on field examination. Three values are provided to identify the expected Low (L), Representative Value (R), and High (H). References: American Association of State Highway and Transportation Officials (AASHTO). 2004. Standard specifications for transportation materials and methods of sampling and testing. 24th edition. LSDA Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 10/25/2018 Page 2 of 22 APPENDIX I - SOIL SURVEY Engineering Properties Larimer County Area. Colorado; and Weld County, Colorado. Southern Part AMEN AGGREGATE RESOURCE American Society for Testing and Materials (ASTM). 2005. Standard classification of soils for engineering purposes. ASTM Standard D2487-00. \ Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 10/25/2018 Page 3 of 22 APPENDIX I - SOIL SURVEY Engineering Properties Larimer County Area, Colorado; and Weld County, Colorado, Southern Part AMEN AGGREGATE RESOURCE Report Engineering Properties Absence of an entry indicates that the data were not estimated. The asterisk '*' denotes the representative texture; other possible textures follow the dash. The criteria for determining the hydrologic soil group for individual soil components is found in the National Engineering Handbook, Chapter 7 issued May 2007(http://directives.sc.egov.usda.gov/ OpenNonWebContent.aspx?content=17757.wba). Three values are provided to identify the expected Low (L), Representative Value (R), and High (H). Engineering Properties—Larimer County Area, Colorado Map unit symbol soil name and Pct. of map Hydrolo Depth USDA texture Classification Pct Fragments Percentage sieve number Liquid limit Plasticit y index passing unit gic group Unified AASHTO >10 inches 3-10 inches 4 10 40 200 In L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H 5 Aquepts, loamy Aquepts 80 A/D 0-60 Variable — — — — — — — — — 6 Aquepts, ponded Aquepts, ponded 90 ND 0-60 Variable — — — — — — — — — 7 —Ascalon sandy loam, slopes 0 to 3 percent Ascalon 85 B 0-6 Sandy loam SC, SM A-4 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 74-77- 80 37-39- 44 23-31 -35 4-8 -10 6-12 Sandy sandy clay loam. loam SC A-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 83-86- 89 44-48- 51 29-37 -41 11-17-1 8 12-19 Sandy clay loam loam, sandy SC A-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 83-86- ' 89 44-48- 51 28-37 -41 10-17-1 8 19-35 Sandy clay sandy loam loam, SC A-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 82-84- 87 41-44- 49 28-32 -38 8-12-17 35-80 Sandy loam, fine sand loamy SM, SC- SM A-4 0- 0- 0 0- 0- 0 100-100 -100 I 100-100 -100 68-74- 78 23-27- 33 18-23 -27 1-5 -8 USDA Natural Resources .i Conservation Service Web Soil Survey National Cooperative Soil Survey 10/25/2018 Page 4 of 22 APPENDIX I - SOIL SURVEY Engineering Properties Larimer County Area, Colorado; and Weld County, Colorado, Southern Part AMEN AGGREGATE RESOURCE Engineering Properties-Larimer County Area, Colorado Map unit symbol soil name and Pct. of map unit Hydrolo gic group Depth USDA texture Classification Pct Fragments Percentage passing sieve number— Liquid Plasticit y index Unified AASHTO >10 inches 3-10 inches 4 10 40 200 limit In L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H 8 Ascalon sandy 3 to 5 percent loam, slopes Ascalon 80 B 0-6 Sandy loam SC A-4 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 74-77- 80 37-39- 44 21-26 -30 4-7 -10 6-12 Sandy loam, sandy clay loam CL A-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 85-88- 91 51-56- 58 29-36 -39 11-16-1 8 12-19 Sandy clay loam, sandy loam CL A-6 0- 0- 0 0- 0- 0 100-100 -100 92-100- 100 75-88- 90 h45-56- 58 28-36 -38 10-16-1 8 19-35 Sandy clay loam, loam, sandy loam CL, SM A-6, A-4 0- 0- 0 0- 0- 0 100-100 -100 91-100- 100 70-87- 92 40-55- 60 20-31 -37 2-12-17 35-80 Sandy loam SC-SM A-2-4 0- 0- 0 0- 0- 0 100-100 -100 92-100- 100 64-74- 76 25-32- 34 17-22 -25 1-5 -8 33 Fluvaquents, level nearly Fluvaquents, level nearly 90 B 0-10 Variable CL, ML, SC, SM A-2, A-4, A-6 0- 0- 0 0- 2- 4 55-78-1 00 50-70- 90 25-53- 80 5-35- 65 15-28 -40 NP -13-2 5 10-60 Stratified gravelly sandy very sand to loam GM, GM, SM, SP-SM GP- A-1 0- 0- 0 0-13- 25 45-58- 70 35-50- 65 15-28- 40 5-13- 20 — NP 34 —Fort Collins 1 percent loam, 0 slopes to Fort collins 85 B 0-8 Loam CL, CL- ML A-4 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 85-90- 95 60-68- 75 25-28 -30 5-8 -10 8-18 Loam, clay loam CL A-6 0- 0- 0 0- 0- 0 95-98-1 00 90-95-1 00 85-90- 95 60-68- 75 25-33 -40 10-15-2 0 18-60 Loam, silt sandy loam, loam fine CL, CL- ML, ML A-4 0- 0- 0 0- 0- 0 95-98-1 00 90-95-1 00 80-88- 95 50-63- 75 20-25 -30 NP -5 -10 USDA Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 10/25/2018 Page 5 of 22 APPENDIX I - SOIL SURVEY Engineering Properties---Larimer County Area, Colorado; and Weld County, Colorado, Southern Part AMEN AGGREGATE RESOURCE Engineering Properties—Larimer County Area, Colorado Map unit soil symbol name and Pct. of map unit Hydrolo gic group Depth USDA texture Classification Pct Fragments Percentage passing sieve number Liquid limit Plasticit y index Unified AASHTO >10 inches 3-10 inches 4 10 40 200 In L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H 35 Fort Collins percent loam, 0 to 3 slopes Fort Collins 85 C 0-4 Loam CL A-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 93-96-1 00 65-71- 77 28-32 -40 10-13-1 8 4-9 Clay loam, loam CL A-7-6, A-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 84-94- 99 57-69- 78 31-43 -47 13-23-2 5 9-16 Clay loam, loam CL A-7-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 84-94- 99 57-69- 78 30-43 -47 12-22-2 5 16-29 Clay loam, loam CL A-6, A-4 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 92-96-1 00 62-68- 73 28-30 -40 10-12-2 0 29-80 Loam, clay loam CL A 4, A-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 92-96-1 00 62-68- 73 28-30 -40 10-12-2 0 60 Larim gravelly loam, 5 to slopes 40 sandy percent Larim 85 B 0-4 Gravelly sandy loam GM, SM A-2 0- 0- 0 0- 0- 0 60-70- 80 55-65- 75 35-43- 50 20-25- 30 20-23 -25 NP -3 -5 4-15 Very gravelly clay loam, gravelly sandy very clay loam GC, GC- GM A-2 0- 3- 5 0- 8- 15 35-45- 55 30-40- 50 25-38- 50 10-25- 40 25-30 -35 5-10-15 I 15-60 Very gravelly sand, very gravelly loamy sand GP. GP- GM A-1 0- 5- 10 0- 8- 15 35-45- 30-40- 50 20-30- 40 0- 5- 10 — NP 55 USDA Natural Resources ail Conservation Service National Cooperative Soil Survey Web Soil Survey 10/25/2018 Page 6 of 22 APPENDIX I - SOIL SURVEY Engineering Properties---Larimer County Area, Colorado; and Weld County, Colorado, Southern Part AMEN AGGREGATE RESOURCE Engineering Properties—Larimer County Area, Colorado Map unit symbol soil name and Pct. of map unit Hydrolo gic group Depth USDA texture Classification Pct Fragments Percentage passing sieve number Liquid limit Plasticit y index Unified AASHTO >10 inches 3-10 inches 4 10 40 200 In L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H 61—Larimer slopes fine 1 to 3 sandy loam, percent Larimer 85 B 0-7 Fine sandy loam CL, CL- ML, SC, SC-SM A-4 0- 0- 0 I 0- 3- 5 85-93-1 00 80-90-1 00 55-70- 85 35-45- 55 25-28 -30 5-8 -10 7-22 Loam CL, CL- ML A-4 0- 0- 0 0- 3- 5 85-93-1 00 80-90-1 00 70-83- 95 50-63- 75 25-28 -30 5-8 -10 22-30 Gravelly sandy loam. gravelly loam, sandy loam clay clay CL -ML, SC-SM A-2, A-4 0- 0- 0 I 5- 8- 10 70-83- 95 50-68- 85 35-55- 75 20-38- 55 20-25 -30 5-8 -10 30-60 Very gravelly very cobbly very gravelly loamy sand sand, sand, GP, GP- GM A-1 0- 0- 0 25-38- 50 25-33- 40 20-25- 30 5-10- 15 0- 5- 10 - NP USDA Natural Resources Web Soil Survey atm Conservation Service National Cooperative Soil Survey 10/25/2018 Page 7 of 22 APPENDIX I - SOIL SURVEY Engineering Properties---Larimer County Area, Colorado; and Weld County, Colorado, Southern Part AMEN AGGREGATE RESOURCE Engineering Properties—Larimer County Area, Colorado Map unit soil symbol name and Pct. of map unit Hydrolo gic group Depth USDA texture Classification Pct Fragments Percentage passing sieve number Liquid limit Plasticit y index Unified AASHTO >10 inches 3-10 inches 4 10 40 200 In L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H 62 Larimer- 10 complex, percent Stoneham 3 slopes to Larimer 35 B 0-7 Fine sandy loam CL, CL- ML, SC, SC-SM A-4 0- 0- 0 0- 3- 5 85-93-1 00 80-90-1 00 55-70- 85 35-45- 55 25-28 -30 5-8 -10 7-22 Loam CL, CL- ML A-4 0- 0- 0 0- 3- 5 85-93-1 00 80-90-1 00 70-83- 95 50-63- 75 25-28 -30 5-8 -10 22-30 Gravelly sandy clay loam, gravelly loam, sandy clay loam CL -ML, SC-SM A-2, A-4 0- 0- 0 5- 8- 10 70-83- 95 50-68- 85 35-55- 75 20-38- 55 20-25 -30 5-8 -10 30-60 Very gravelly sand. very cobbly sand. very gravelly loamy sand GP. GP- GM A-1 0- 0- 0 25-38- 50 25-33- 40 20-25- 30 5-10- 15 0- 5- 10 NP - Stoneham 25 B 0-4 Loam CL, CL- ML A-4 0- 0- 0 ' 0- 0- 0 80-90-1 00 75-88-1 00 65-80- 95 60-68- 75 25-28 -30 5-8 -10 4-10 Clay clay loam, sandy loam, loam CL, SC I A-6 0- 0- 0 0- 0- 0 95-98-1 00 90-95-1 00 80-90-1 00 35-58- 80 25-30 ' -35 10-15-2 0 10-14 Loam, sandy clay clay loam, loam CL, SC A-6 0- 0- 0 0- 0- 0 95-98-1 00 75-88-1 00 60-78- 95 45-60- 75 25-30 -35 10-15-2 0 14-60 Sandy loam gravelly loam, sandy GC -GM, GM, SC-SM, SM A-2, A-4 0- 0- 0 0- 3- 5 65-83-1 00 60-80-1 00 50-68- 85 15-33- 50 15-18 -20 NP -3 -5 USDA Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 10/25/2018 Page 8 of 22 APPENDIX I - SOIL SURVEY Engineering Properties---Larimer County Area, Colorado; and Weld County, Colorado, Southern Part AMEN AGGREGATE RESOURCE Engineering Properties—Larimer County Area, Colorado Map unit symbol and soil name Pct. of map unit Hydrolo gic group Depth USDA texture Classification Pct Fragments Percentage passing sieve number Liquid Plasticit y index Unified AASHTO >10 inches 3-10 inches 4 10 40 200 limit In L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H 64 loam, Loveland clay to 1 percent slopes 0 Loveland 90 C 0-15 Clay loam CL A-6 0- 3- 5 0- 3- 5 90-95-1 00 85-93-1 00 80-85- 90 60-70- 80 30-35 -40 10-15-2 0 15-32 Clay loam, silty loam, loam clay CL, CL- ML A-4, A-6 0- 3- 5 0- 3- 5 90-95-1 00 85-93-1 00 80-85- 90 50-68- 85 25-30 -35 5-10-15 32-60 Very gravelly gravelly gravelly sand sand, sand, coarse GP, SP A-1 0- 3- 5 0- 5- 10 40-60- 80 30-50- 70 20-30- 40 0- 3- 5 — NP 74 Nunn clay loam, 1 slopes to 3 percent Nunn 85 C 0-9 Clay loam CL A-7-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 91-94- 98 62-68- 74 39-44 -52 18-21-2 7 9-13 Clay loam, clay CH A-7-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 90-95-1 00 1- 69-76- 82 47-51 -59 24-27-3 3 13-25 Clay loam, clay CL A-7-6 0- 0- 0 I 0- 0- 0 100-100 -100 100-100 -100 90-95-1 00 69-76- 82 45-49 -57 24-27-3 3 25-38 Sandy clay loam. clay loam, loam CL A-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 86-94-1 00 57-69- 85 29-39 -44 12-19-2 3 38-80 Sandy sandy clay clay loam loam, loam, loam, CL A-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 84-94-1 00 53-69- 77 25-40 -44 9-20-23 USR\ Natural Resources .r■� Conservation Service Web Soil Survey National Cooperative Soil Survey 10/25/2018 Page 9 of 22 APPENDIX I - SOIL SURVEY Engineering Properties---Larimer County Area, Colorado; and Weld County, Colorado, Southern Part AMEN AGGREGATE RESOURCE Engineering Properties—Larimer County Area, Colorado Map unit soil symbol name and Pct. of map unit Hydrolo gic group Depth USDA texture Classification Pct Fragments Percentage passing sieve number Liquid limit Plasticit y index Unified AASHTO >10 inches 3-10 inches 4 10 40 200 In L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H 77 —Otero sandy to 3 percent loam, 0 slopes Otero 85 A 0-17 Sandy loam CL, CL- ML, SC A-2 0- 0- 0 0- 1- 1 95-98-1 00 85-93-1 00 60-70- 80 30-43- 55 20-23 -25 5-8 -10 17-60 Sandy loamy loam, sandy sand fine loam, very fine SC-SM, SM A-2 0- 0- 0 0- 1- 1 90-95-1 00 75-88-1 00 40-60- 80 25-30- 35 15-20 -25 NP -3 -5 78 sandy to 5 percent loam, slopes —Otero 3 Otero 85 A 0-15 Sandy loam CL, CL- ML, SC A-2 0- 0- 0 0- 1- 1 95-98-1 00 85-93-1 00 60-70- 80 30-43- 55 20-23 -25 5-8 -10 15-60 Sandy loam, sandy loamy sand fine loam, very fine SC-SM, SM A-2 0- 0- 0 0- 1- 1 90-95-1 00 75-88-1 00 40-60- . 80 25-30- 35 15-20 -25 NP -3 -5 92 Riverwash Riverwash 100 A 0-6 Very gravelly sand GP, GP- GM, SP A-1 0- 0- 0 0- 0- 0 35-45- 30-40- 50 20-28- 35 0- 5- 10 NP 55 - 6-60 Stratified very gravelly sand to clay GM. GP- GM, SM, SP-SM A-1, A-2. A-3 0- 0- 0 0- 0- 0 35-60- 85 30-53- 75 20-38- 55 0-10- 20 — NP SDA Natural Resources Web Soil Survey all Conservation Service National Cooperative Soil Survey 10/25/2018 Page 10 of 22 APPENDIX I - SOIL SURVEY Engineering Properties Larimer County Area, Colorado; and Weld County, Colorado, Southern Part AMEN AGGREGATE RESOURCE Engineering Properties—Larimer County Area, Colorado Map unit soil symbol name and Pct. of map unit Hydrolo gic group Depth USDA texture Classification Pct Fragments Percentage passing sieve number Liquid limit Plasticit y index Unified AASHTO >10 inches 3-10 inches 4 10 40 200 In L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H 95—Satanta loam, 1 slopes to 3 percent Satanta 90 C 0-9 Loam CL A-6 0- 0- 0 0- 0- 0 100-100 -100 94-96-1 00 76-85- 96 53-61- 72 23-32 -42 6-12-18 9-18 Loam, clay sandy clay loam, loam CL • A-6 0- 0- 0 0- 0- 0 100-100 -100 1 94-96-1 00 77-88- 96 58-68- 76 29-39 -46 11-18-2 3 18-79 Loam, clay fine sandy sandy clay loam, loam, loam CL A-6 0- 0- 0 0- 0- 0 100-100 -100 95-96-1 00 77-87- 99 54-63- 75 20-29 -39 3-11-19 101 loam, -Stoneham 1 to 3 percent slopes Stoneham 90 B 0-4 Loam CL, CL- ML A-4 0- 0- 0 0- 0- 0 80-90-1 00 75-88-1 00 65-80- 95 60-68- 75 25-28 -30 5-8 -10 4-10 Clay clay loam, loam, sandy loam CL, SC A-6 0- 0- 0 0- 0- 0 95-98-1 00 90-95-1 00 80-90-1 00 35-58- 80 25-30 -35 10-15-2 0 10-60 Loam, clay loam, sandy clay loam CL, SC A-6 0- 0- 0 0- 0- 0 95-98-1 00 75-88-1 00 60-78- 95 45-60- 75 25-30 -35 10-15-2 0 USDA Natural Resources Web Soil Survey am Conservation Service National Cooperative Soil Survey 10/25/2018 Page 11 of 22 APPENDIX I - SOIL SURVEY Engineering Properties---Larimer County Area, Colorado; and Weld County, Colorado, Southern Part AMEN AGGREGATE RESOURCE Engineering Properties—Larimer County Area, Colorado Map unit soil symbol name and Pct. of map unit Hydrolo gic group Depth USDA texture Classification Pct Fragments Percentage passing sieve number Liquid limit Plasticit y index Unified AASHTO >10 inches 3-10 inches 4 10 40 200 In L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H 102 3 slopes Stoneham loam, 5 percent - to Stoneham 85 C 0-4 Loam CL A-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 90-97-1 00 63-73- 78 28-36 -40 9-15-18 4-9 Clay sandy loam, clay loam, loam CL A-7-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 85-96-1 00 59-76- 83 31-44 -46 13-23-2 4 9-13 Sandy clay loam, clay loam, loam CL A-7-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 85-96-1 00 59-76- 83 30-43 -46 12-22-2 4 13-18 Sandy loam, clay clay loam, loam CL A-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 87-97-1 00 57-72- 76 27-30 -40 10-12-2 0 18-34 Clay clay loam, sandy loam, loam CL A-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 87-97-1 00 57-72- 76 27-30 -40 10-12-2 0 34-80 Sandy clay clay loam, loam. loam CL A-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 87-97-1 00 57-72- 76 27-30 -40 10-12-2 0 105 loam, slopes Table 0 Mountain to 1 percent Table mountain 85 B 0-36 Loam CL -ML A-4 0- 0- 0 0- 0- 0 85-93-1 00 80-90-1 00 70-80- 90 50-63- 75 25-28 -30 5-8 -10 36-60 Loam, clay loam loam, silt CL -ML A-4, A-6 0- 0- 0 0- 0- 0 85-93-1 00 80-90-1 00 75-85- 95 55-70- 85 25-30 -35 5-10-15 DA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 10/25/2018 Page 12 of 22 APPENDIX I - SOIL SURVEY Engineering Properties---Larimer County Area, Colorado; and Weld County, Colorado, Southern Part AMEN AGGREGATE RESOURCE Engineering Properties —Weld County, Colorado, Southern Part Map unit symbol and soil name Pct. of map unit Hydrolo gic group Depth USDA texture Classification Pct Fragments Percentage sieve number Liquid limit Plasticit y index passing Unified AASHTO >10 inches 3-10 inches 4 10 40 200 In L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H 3—Aquolls and Aquents, substratum gravelly Aquolls 55 D 0-48 Loam CL, ML A-4, A-6 0- 0- 0 0- 3- 5 80-90-1 00 75-88-1 00 70-75- 80 50-60- 70 25-33 -40 NP -8 -15 48-60 Gravelly sand, sand, gravelly loamy sand SM, SP, SP-SM A-1 0- 3- 5 0-13- 25 85-90- 95 50-68- 85 10-25- 40 0- 8- 15 — NP Aquents, gravelly substratum 30 D 0-48 !Variable CL, ML, A-2, A-4. 0- 0- 0 0- 5- 10 90-93- 95 85-90- 95 55-60- 65 20-40- 60 15-23 -30 1NP-8 -15 SC, SM A-6 48-60 Very gravelly gravelly sand, sand GP, GP- GM. SR SP-SM A-1 0- 0- 0 10-20- 30 40-60- 80 30-50- 70 10-18- 25 0- 5- 10 - NP 4—Aquolls Aquepts, and flooded Aquolls 55 D 0-8 Variable — 0- 0- 0 0- 0- 0 - - - - - — 8-60 Stratified sandy loam to clay CL, CL- ML, SC, SC-SM A-2, A-4. A-6 0- 0- 0 0- 0- 0 80-90-1 00 75-88-1 00 50-70- 90 20-50- 80 20-30 -40 5-13-20 Aquepts, flooded 25 D 0-8 Variable — 0- 0- 0 0- 0- 0 — — — — — — 8-60 Stratified loam to sandy clay CL, CL- ML, SC-SM SC, A-2, A-4, A-6 0- 0- 0 0- 0- 0 80-90-1 00 75-88-1 00 50-70- 90 20-50- 80 20-30 -40 5-13-20 USDA Natural Resources all Conservation Service National Cooperative Soil Survey Web Soil Survey 10/25/2018 Page 13 of 22 APPENDIX I - SOIL SURVEY Engineering Properties Larimer County Area, Colorado; and Weld County, Colorado, Southern Part AMEN AGGREGATE RESOURCE Engineering Properties —Weld County, Colorado, Southern Part Map unit soil symbol name and Pct. of map unit Hydrolo gic group Depth USDA texture Classification Pct Fragments Percentage passing sieve number Liquid limit Plasticit y index Unified AASHTO >10 inches 3-10 inches 4 10 40 200 In L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H 5 Ascalon sandy 0 to 3 percent loam, slopes Ascalon 85 B 0-6 Sandy loam SC, SM A-4 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 74-77- 80 37-39- 44 23-31 -35 4-8 -10 6-12 Sandy clay sandy loam loam, SC A-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 83-86- 89 44-48- 51 29-37 -41 11-17-1 8 12-19 Sandy clay loam loam, sandy SC A-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 83-86- 89 44-48- 51 28-37 -41 10-17-1 8 19-35 Sandy clay sandy loam loam, SC A-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 82-84- 87 41-44- 49 28-32 -38 8-12-17 35-80 Sandy fine sand loam, loamy SM, SC- SM A-4 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 68-74- 78 23-27- 33 18-23 -27 1-5 -8 usm Natural Resources �■ Conservation Service Web Soil Survey National Cooperative Soil Survey 10/25/2018 Page 14 of 22 APPENDIX I - SOIL SURVEY Engineering Properties - Larimer County Area. Colorado; and Weld County, Colorado, Southern Part AMEN AGGREGATE RESOURCE Engineering Properties —Weld County, Colorado, Southern Part Map unit symbol soil name and Pct. of map unit Hydrolo gic group Depth USDA texture Classification Pct Fragments Percentage passing sieve number Liquid Plasticit y index Unified AASHTO >10 inches 3-10 inches 4 10 40 200 limit In L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H 10 -Ellicott -Ellicott -skeletal slopes, flooded 0 to 3 sandy complex, percent rarely Ellicott, rarely flooded 65 A 0-4 Sand SP-SM A-3 0- 0- 0 0- 0- 0 100-100 -100 92-100- 100 92-100- 100 70-77- 79 7- 9- 11 0-0 -17 NP -0 -1 4-13 Coarse loamy sand. sand. sand SP-SM A-3 0- 0- 0 0- 0- 0 100-100 -100 70-77- 79 7- 9- 11 0-0 -17 NP -0 -1 13-30 Sand, coarse loamy sand, sand SP-SM 1- A-3 0- 0- 0 0- 0- 0 100-100 -100 85-100- 100 r. 65-77- 80 8- 9- 12 0-0 -17 NP -0 -1 30-44 Coarse sand. loamy sand, sand SP-SM A-3 0- 0- 0 0- 0- 0 100-100 -100 85-97-1 00 65-75- 80 8- 9- 12 0-0 -16 NP -0 -1 USDA Natural Resources Web Soil Survey all Conservation Service National Cooperative Soil Survey 10/25/2018 Page 15 of 22 APPENDIX I - SOIL SURVEY Engineering Properties---Larimer County Area, Colorado; and Weld County, Colorado, Southern Part AMEN AGGREGATE RESOURCE Engineering Properties —Weld County, Colorado, Southern Part Map unit soil symbol name and Pct. of map unit Hydrolo gic group Depth USDA texture Classification Pct Fragments Percentage passing sieve number Liquid limit Plasticit y index Unified AASHTO >10 inches 3-10 inches 4 10 40 200 In L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H 44-80 Loamy sand. gravelly sand, gravelly gravelly sand, loamy sand, sand, coarse coarse sand SP-SM A -1-b 0- 0- 0 0- 0- 0 ' 100-100 -100 66-85-1 00 29-38- 47 5- 7- 11 0-0 -16 NP -0 -1 Ellicott skeletal. flooded sandy- rarely 25 A 0-4 Very gravelly sand coarse SP A -1-b 0- 0- 0 6- 6- 6 52-57- 62 45-51- 57 20-22- 26 3- 4- 6 0-0 -17 NP -0 -1 4-13 Very gravelly sand, gravelly sand. gravelly very loamy very coarse sand SP-SM A -1-b 0- 0- 0 6- 6- 6 52-57- 62 46-52- 58 35 40 4- 5- 6 0-0 -17 NP -0 -1 46 13-30 Very gravelly sand, gravelly sand, gravelly very very coarse sand loamy SP-SM A -1-b 0- 0- 0 6- 6- 6 52-57- 62 46-51- 57 35-40- 46 4- 5- 7 0-0 -17 NP -0 -1 30-44 Very gravelly sand, gravelly sand, gravelly very loamy very coarse sand SP-SM A -1-b 0- 0- 0 6- 6- 6 52-57- 62 46-51- 57 35 40- 4- 5- 7 0-0 -16 NP -0 -1 46 44-80 Very loamy gravelly very gravelly sand gravelly sand, coarse sand, very SP A -1-b 0- 0- 0 6- 6- 6 53-58- 63 47-52- 58 20-23- 27 4- 4- 6 0-0 -16 NP -0 -1 USDA Natural Resources all Conservation Service Web Soil Survey National Cooperative Soil Survey 10/25/2018 Page 16 of 22 APPENDIX I - SOIL SURVEY Engineering Properties Larimer County Area, Colorado; and Weld County, Colorado, Southern Part AMEN AGGREGATE RESOURCE Engineering Properties —Weld County, Colorado, Southern Part Map unit symbol soil name and Pct. of map unit Hydrolo gic group Depth USDA texture Classification Pct Fragments Percentage passing sieve number— Liquid Plasticit y index Unified AASHTO >10 inches 3-10 inches 4 10 40 200 limit In L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H 13—Cascajo gravelly loam, 5 to slopes 20 sandy percent Cascajo 85 A 0-9 Gravelly sandy loam GC, GC- GM, SC, SC- SM A-1, A-2 0- 5- 10 0- 8- 15 60-70- 80 55-65- 75 35-43- 50 20-25- 30 25-28 -30 5-8 -10 9-31 Extremely sandy gravelly sand, gravelly gravelly loam, very loamy very sand GM, GP. GP -GM A-1 0- 0- 0 0- 8- 15 30 40- 25-38- 50 15-23- 30 0-10- 20 NP 50 — 31-60 Very gravelly sand, gravelly gravelly loamy very sand, sand GP, GP- GM, SP, SP-SM A-1 0- 0- 0 0- 8- 15 30-45- 60 25-43- 60 15-23- 30 0- 5- 10 — NP 15 —Colby loam. slopes 1 to 3 percent Colby 85 B 0-7 Loam CL, CL- ML A-4 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 85-90- 95 60-68- 75 25-28 -30 5-8 -10 7-60 Silt loam ML A-4 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 90-95-1 00 80-85- 90 30-33 -35 5-8 -10 16 —Colby loam, 5 percent slopes 3 to Colby 85 B 0-7 Loam CL, CL- ML A-4 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 85-90- 95 60-68- 75 25-28 -30 5-8 -10 7-60 Silt loam ML A-4 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 90-95-1 00 80-85- 90 30-33 -35 5-8 -10 USDA Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 10/25/2018 Page 17 of 22 APPENDIX I - SOIL SURVEY Engineering Properties---Larimer County Area, Colorado; and Weld County, Colorado, Southern Part AMEN AGGREGATE RESOURCE Engineering Properties —Weld County, Colorado, Southern Part Map unit soil symbol name and Pct. of map unit Hydrolo gic group Depth USDA texture Classification Pct Fragments Percentage passing sieve number Liquid limit Plasticit y index Unified AASHTO >10 inches 3-10 inches 4 10 40 200 In L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H 24 Fort Collins loam, 0 to 3 percent slopes Fort collins 85 C 0-4 Loam CL A-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 93-96-1 00 65-71- 77 28-32 -40 10-13-1 8 4-9 Clay loam, loam CL A-7-6, A-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 84-94- 99 57-69- 78 31-43 -47 13-23-2 5 9-16 Clay loam, loam CL A-7-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 84-94- 99 57-69- 78 30-43 -47 12-22-2 5 16-29 Clay loam, loam CL A-6, A-4 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 92-96-1 00 62-68- 73 28-30 -40 10-12-2 0 29-80 Loam, clay loam CL A-4, A-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 92-96-1 00 62-68- 73 28-30 -40 10-12-2 0 31 —Kim loam, slopes 0 to 1 percent Kim 90 A 0-12 Loam CL, CL- ML A-4 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 85-90- 95 60-68- 75 25-28 -30 5-8 -10 12-42 Loam CL, CL- ML A-4 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 85-90- 95 60-68- 75 25-28 -30 5-8 -10 42-60 Fine sandy sandy loam loam, SC, SC- SM A-4 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 60-73- 85 30-40- 50 25-28 -30 5-8 -10 33 Kim loam. 3 to 5 slopes percent Kim 90 A 0-12 Loam CL, CL- ML A-4 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 85-90- 95 60-68- 75 25-28 -30 5-8 -10 12-40 Loam CL, CL- ML A-4 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 85-90- 95 60-68- 75 25-28 -30 5-8 -10 40-60 Fine sandy sandy loam loam, SC, SC- SM A-4 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 60-73- 85 30-40- 50 25-28 -30 5-8 -10 USDA Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 10/25/2018 Page 18 of 22 APPENDIX I - SOIL SURVEY Engineering Properties Larimer County Area, Colorado; and Weld County, Colorado, Southern Part AMEN AGGREGATE RESOURCE Engineering Properties —Weld County, Colorado, Southern Part Map unit symbol soil name and Pct. of map unit Hydrolo gic group Depth USDA texture Classification Pct Fragments Percentage passing sieve number Liquid Plasticit y index Unified AASHTO >10 inches 3-10 inches 4 10 40 200 limit In L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H 34 —Kim loam. 5 to 9 percent slopes Kim 90 A 0-10 Loam CL, CL- ML A-4 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 85-90- 95 60-68- 75 25-28 -30 5-8 -10 10-35 Loam CL, CL- ML A-4 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 85-90- 95 60-68- 75 25-28 -30 5-8 -10 35-60 Fine sandy sandy loam loam. SC, SC- SM A-4 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 60-73- 85 30-40- 50 25-28 -30 5-8 -10 42 —Nunn clay loam, 1 to 3 percent slopes Nunn 85 C 0-9 Clay loam CL A-7-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 91-94- 98 62-68- 74 39-44 ' -52 18-21-2 7 9-13 Clay loam, clay CH A-7-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 90-95-1 00 69-76- 82 47-51 -59 24-27-3 3 13-25 Clay loam, clay CL A-7-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 90-95-1 00 69-76- 82 45-49 -57 24-27-3 3 25-38 Sandy clay loam. loam. clay loam CL A-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 86-94-1 00 57-69- 85 29-39 -44 12-19-2 3 38-80 Sandy clay sandy clay loam loam. loam, loam, CL A-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 84-94-1 00 53-69- 77 25-40 -44 9-20-23 51 loam, —Otero sandy 1 to 3 percent slopes Otero 85 A 0-12 Sandy loam SC, SC- SM A-2, A-4 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 60-65- 70 30-35- 40 25-28 -30 5-8 -10 12-60 Fine sandy sandy loam loam. CL -ML. ML, SC- SM, SM A-2, A-4 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 60-73- 85 30-43- 55 20-23 -25 NP -3 -5 USDA Natural Resources la Conservation Service Web Soil Survey National Cooperative Soil Survey 10/25/2018 Page 19 of 22 APPENDIX I - SOIL SURVEY Engineering Properties Larimer County Area, Colorado; and Weld County, Colorado, Southern Part AMEN AGGREGATE RESOURCE Engineering Properties —Weld County, Colorado, Southern Part Map unit soil symbol name and Pct. of map unit Hydrolo gic group Depth USDA texture Classification Pct Fragments Percentage passing sieve number— Liquid limit Plasticit y index Unified AASHTO >10 inches 3-10 inches 4 10 40 200 In L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H 52 Otero sandy 3 to 5 percent loam, slopes Otero 85 A 0-12 Sandy loam SC, SC- SM A-2, A-4 I 4 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 60-65- 70 30-35- 40 25-28 -30 5-8 -10 12-60 Fine sandy sandy loam loam. CL -ML, ML, SC- SM, SM A-2, A-4 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 60-73- 85 30-43- 55 20-23 -25 NP -3 -5 54 Paoli loam, 0 to 1 slopes percent Paoli 95 B 0-25 Loam ML A-4 0- 0- 0 0- 0- 0 95-98-1 00 90-95-1 00 75-85- 95 55-65- 75 25-30 -35 NP -5 -10 25-60 Fine sandy sandy loamy loam, loam, sand SC-SM, SM A-2, A-4 0- 0- 0 0- 0- 0 75-88-1 00 75-88-1 00 55-70- 85 25-38- 50 20-23 -25 NP -3 -5 79 Weld loam, slopes 1 to 3 percent Weld 80 C 0-8 Loam CL A-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 91-98-1 00 67-78- 82 34-37 -44 13-14-1 8 8-12 Silty silty loam clay clay, loam, clay clay, CH A-7-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 90-97-1 00 73-84- 94 49-55 -66 26-30-3 6 12-15 Silty clay, clay, silty loam clay loam, clay CH A-7-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 90-97-1 00 71-82- 92 46-50 -63 23-26-3 6 15-28 Loam, silty clay loam, clay loam CL A-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 91-98-1 00 68-79- 90 32-36 -45 13-16-2 3 28-60 Silt loam, loam CL A-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 91-99-1 00 75-87- 95 23-31 -36 5-12-17 60-80 Silt loam, loam. fine sandy loam CL A-4 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 89-99-1 00 70-86- 96 21-28 -34 4-10-16 USDA Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 10/25/2018 Page 20 of 22 APPENDIX I - SOIL SURVEY Engineering Properties Larimer County Area, Colorado; and Weld County. Colorado, Southern Part AMEN AGGREGATE RESOURCE Engineering Properties —Weld County, Colorado, Southern Part Map unit symbol soil name and Pct. of map unit Hydrolo gic group Depth 7 USDA texture Classification - Pct Fragments Percentage passing sieve number Liquid Plasticit y index Unified AASHTO >10 inches 3-10 inches 4 10 40 200 limit In L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H L -R -H 80 —Weld loam, slopes 3 to 5 percent Weld 80 C 0-8 Loam CL A-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 91-98-1 00 67-78- 82 34-37 -44 13-14-1 8 8-12 Silty clay, loam, loam silty clay, clay clay CH A-7-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 90-97-1 00 73-84- 94 49-55 -67 26-29-3 6 12-15 Silty clay, loam, loam clay, silty clay clay CH A-7-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 90-97-1 00 71-82- 92 46-50 -63 23-26-3 7 15-28 Loam, silty loam, clay clay loam CL A-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 91-98-1 00 68-79- 90 32-36 -45 13-16-2 4 28-60 Silt loam, loam CL A-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 91-99-1 00 75-87- 95 22-31 -36 5-13-17 60-80 Silt loam, loam, fine sandy loam CL A-4 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 89-99-1 00 70-86- 96 21-28 -34 4-10-16 82 —Wiley -Colby 1 to 3 slopes complex, percent Wiley 60 B 0-11 Silt loam ML A-4 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 90-95-1 00 70-80- 90 30-33 -35 5-8 -10 11-60 Silty clay loam. loam, clay loam silt CL A-6 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 90-95-1 00 70-83- 95 25-30 -35 10-15-2 0 .60-64 Silt loam, loam. silty clay loam ML A-4, A-6 0- 0- 0 0- 0- 0 100-100 -100 I 100-100 -100 90-95-1 00 80-88- 95 30-38 -45 5-10-15 Colby 30 B 0-7 I Loam CL, ML CL- A 4 0- 0- 0 ' 0- 0- 0 100-100 -100 ' 100-100 -100 85-90- , 95 60-68- 75 25-28 -30 5-8 -10 7-60 Silt loam ML A 4 0- 0- 0 0- 0- 0 100-100 -100 100-100 -100 90-95-1 00 80-85- 90 30-33 -35 5-8 -10 t!sDA Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 10/25/2018 Page 21 of 22 APPENDIX I - SOIL SURVEY Engineering Properties Larimer County Area, Colorado; and Weld County, Colorado, Southern Part AMEN AGGREGATE RESOURCE Data Source Information Soil Survey Area: Larimer County Area, Colorado Survey Area Data: Version 13, Sep 10, 2018 Soil Survey Area: Weld County, Colorado, Southern Part Survey Area Data: Version 17, Sep 10, 2018 trSLfl Natural Resources Web Soil Survey 'r Conservation Service National Cooperative Soil Survey 10/25/2018 Page 22 of 22 Table All 1 CUHP Model Inputs 100yr Historical Summary of CUHP Input Parameters (Version 2 0 0) Depression Storage !Horton's Infiltration Parameters) DCIA Level and Fractions Catchment Name/ID Raingage Name/ID Area (sq mi ) Dist to Centroid (miles) Length (miles) Slope I (ft /ft ) Percent Impery Pervious (inches) Impery (inches) v Initial Rate (in /hr ) Final Rate (in hr ) Decay Coeff (1/sec ) DCIA Level Dir Con'ct Impery Fraction Receiv Pery Fraction Percent Eff Impery OS -1 WINDSOR-100YR 0107 0 240 0 455 0 016 0 3 0 05 0 40 4 69 0 75 0 0014 0 00 0 00 0 00 0 27 O5-2 WINDSOR-100YR 0 031 0133 0 255 0 014 18 136 0 40 3 95 0 56 0 0018 0 00 0 04 0 02 164 O5-3 WINDSOR-100YR 0 008 0 029 0 070 0 019 5 0 123 0 40 3 67 0 66 0 0015 0 00 0 10 0 05 4 44 O5-4 WINDSOR-100YR 0 013 0 120 0 168 0 037 4 9 4 50_ 0 40 4 46 0 86 0 0011 0 00 0 10 0 05 4 08 O5-4(1) WINDSOR-100YR 0 015 0 034 0 077 0 088 3 2 0 05 0 40 4 06 0 76 0 0012 0 00 0 06 0 03 2 73 OS -5 WINDSOR-100YR 0 034 0 212 0 390 0 019 14 0 05 0 40 4 70 0 85 0 0011 0 00 0 03 0 01 1 19 OS -6 WINDSOR-100YR 0 031 0 195 0 366 0 029 2 0 0 05 0 40 4 37 0 80 0 0012 0 00 0 04 0 02 1 68 O5-7 WINDSOR-100YR 0 040 0 095 0 270 0 035 2 0 0 05 0 40 4 03 0 76 0 0012 0 00 0 04 0 02 170 O5-8 WINDSOR-100YR 0 013 0 072 0 155 0 044 2 0 1 18 0 40 4 75 0 92 0 0009 0 00 0 04 0 02 162 OS -8A WINDSOR-100YR 0 007 0 059 0 090 0 083 2 0 0 05 0 40 4 60 0 89 0 0010 0 00 0 00 0 02 1 63 OS -9 WINDSOR-100YR 0 009 0 098 0 222 0 040 2 0 0 05 0 40 4 57 0 87 0 0010 0 00 0 00 0 02 163 OS -10 WINDSOR-100YR 0 008 0 070 0 170 0 045 2 0 0 05 0 40 4 80 0 93 0 0009 0 00 0 00 0 02 160 OS -11 WINDSOR-100YR 0 011 0 086 0 203 0 039 2 0 0 05 0 40 4 68 0 79 0 0013 0 00 0 00 0 02 168 OS -12 WINDSOR-100YR 0 027 0 086 0 186 0 025 2 0 0 05 0 40 4 46 0 61 0 0018 0 00 0 04 0 02 176 O5-13 WINDSOR-100YR 0 004 0 029 0 058 0 021 2 4 0 05 0 40 4 46 0 60 0 0018 0 00 0 00 0 02 2 15 O5-14 WINDSOR-100YR 0 004 0 064 0 094 0 024 8 4 0 05 0 40 4 50 0 60 0 0018 0 00 0 17 0 08 7 50 S-1 WINDSOR-100YR 0 015 0 068 0 158 0 004 2 0 0 00 0 00 3 00 0 50 0 0018 0 00 0 04 0 02 181 Table All 2 CUHP Model Outputs 100yr Historical Summary of Unit Hydrograph Parameters Used By Program and Calculated Results (Version 2 0 0) Unit Hydrograph Parameters and Results Excess Precip Storm Hydrograph Catchment Name/ID CT Cp W50 (min ) W50 Before Peak W75 (mm ) W75 Before Peak Time to Peak (min ) Peak (cfs) Volume (c f) Excess (inches) Excess (c f ) Time to Peak (mm ) Peak Flow (cfs) Total Volume (c f ) Runoff per Unit Area (cfs/acre) O5-1 0 162 0 177 39 8 6 93 20 7 4 90 115 81 249,320 169 420,420 45 0 107 420,376 155 O5-2 0 157 - 0 099 40 9 4 60 213 3 25 7 7 23 72,523 0 71 51,171 65 0 12 51,048 0 62 OS -3 0 147 0 050 18 0 2 19 9 3 155 3 7 13 18,552 0 75 13,996 50 0 5 13,425 0 99 OS -4 0 148 0 062 37 7 3 30 19 6 2 33 5 5 10 29,475 0 01 376 45 0 0 374 0 01 OS -4(1) 0 153 0 070 10 4 2 06 5 4 146 3 4 44 35,885 166 59,744 35 0 34 55,543 3 46 OS -5 0 159 0 103 56 1 5 94 29 2 4 20 9 9 18 78,260 148 116,052 50 0 23 115,989 105 OS -6 0 157 0 098 49 4 5 20 25 7 3 68 8 7 19 70,933 1 61 114,043 45 0 24 113,880 124 OS -7 0 157 0 110 25 6 3 67 13 3 2 59 6 1 47 92,984 1 66 154,710 40 0 53 154,108 2 07 OS -8 0 157 0 067 26 8 2 88 13 9 2 04 4 8 15 30,982 0 19 5,798 65 0 2 5,723 0 23 OS -8A 0 157 0 052 20 8 2 33 10 8 165 3 9 11 17,424 141 24,542 35 0 10 23,785 2 12 OS -9 0 157 0 056 45 7 3 45 23 8 2 44 5 8 6 20,228 143 28,833 45 0 7 28,741 1 18 OS -10 0 157 0 052 35 4 2 92 18 4 2 06 4 9 6 17,633 128 22,609 40 0 7 22,387 134 O5-11 0 157 0 063 36 6 3 26 19 0 2 31 5 4 9 26,566 163 43,428 40 0 11 43,212 157 O5-12 0 156 0 092 26 5 3 37 13 8 2 38 5 6 31 62,654 193 120,733 40 0 39 120,046 2 24 OS -13 0 155 0 039 22 3 2 16 11 6 153 3 6 5 9,203 194 17,864 35 0 6 17,254 2 46 O5-14 0 135 0 034 39 4 2 53 20 5 179 4 2 3 9,172 198 18,118 45 0 4 17,865 166 S-1 0 156 0 072 44 5 3 95 23 1 2 79 6 6 10 35,937 2 16 77,705 45 0 17 77,555 168 Table All 3 CUHP Model Inputs l0yr Historical Summary of CUHP Input Parameters (Version 2 0 0) Depression Storage Parameters DCIA Level and Fractions Catchment Name/ID Raingage Name/ID Area (sq mi ) Dist to Centroid (miles) Length (miles) Slope (ft /ft ) Percent Impery Pervious (inches) Impery (inches) Initial Rate (in /hr ) Final Rate (in hr ) Decay Coeff (1/sec ) DCIA Level Dir Con'ct Impery Fraction Receiv Pery Fraction Percent Eff Impery OS -1 WINDSOR-10YR 0 107 0 240 0 455 0 016 0 3 0 05 0 40 4 69 0 75 0 0014 0 00 0 00 0 00 0 23 O5-2 WINDSOR-10YR 0 031 0 133 0 255 0 014 18 136 0 40 3 95 0 56 0 0018 0 00 0 04 0 02 146 OS -3 WINDSOR-10YR 0 008 0 029 0 070 0 019 5 0 123 0 40 3 67 0 66 0 0015 0 00 0 10 0 05 3 94 O5-4 WINDSOR-10YR 0 013 0 120 0 168 0 037 4 9 4 50 0 40 4 46 0 86 0 0011 0 00 0 10 0 05 3 44 OS -4(1) WINDSOR-10YR 0 015 0 034 0 077 0 088 3 2 0 05 0 40 4 06 0 76 0 0012 0 00 0 06 0 03 2 34 OS -5 WINDSOR-10YR 0 034 0 212 0 390 0 019 14 005 040 470 085 00011 000 003 001 098 OS -6 WINDSOR-10YR 0 031 0 195 0 366 0 029 2 0 0 05 0 40 4 37 0 80 0 0012 0 00 0 04 0 02 143 OS -7 WINDSOR-10YR 0 040 0 095 0 270 0 035 2 0 0 05 0 40 4 03 0 76 0 0012 0 00 0 04 0 02 146 O5-8 WINDSOR-10YR 0 013 0 072 0 155 0 044 2 0 1 18 0 40 4 75 0 92 0 0009 0 00 0 04 0 02 1 30 OS -8A WINDSOR-10YR 0 007 0 059 0 090 0 083 2 0 0 05 0 40 4 60 0 89 0 0010 0 00 0 00 0 02 133 OS -9 WINDSOR-10YR 0 009 0 098 0 222 0 040 2 0 0 05 0 40 4 57 0 87 0 0010 0 00 0 00 0 02 134 OS -10 WINDSOR-10YR 0 008 0 070 0 170 0 045 2 0 0 05 0 40 4 80 0 93 0 0009 0 00 0 00 0 02 127 OS -11 WINDSOR-10YR 0 011 0 086 0 203 0 039 2 0 0 05 0 40 4 68 0 79 0 0013 0 00 0 00 0 02 141 OS -12 WINDSOR-10YR 0 027 0 086 0 186 0 025 2 0 0 05 0 40 4 46 0 61 0 0018 0 00 0 04 0 02 155 OS -13 WINDSOR-10YR 0 004 0 029 0 058 0 021 2 4 0 05 0 40 4 46 0 60 0 0018 0 00 0 00 0 02 189 OS -14 WINDSOR-10YR 0 004 0 064 0 094 0 024 8 4 0 05 0 40 4 50 0 60 0 0018 0 00 0 17 0 08 6 75 S-1 WINDSOR-10YR 0 015 0 068 0 158 0 004 2 0 0 00 0 00 3 00 0 50 0 0018 0 00 0 04 0 02 165 Table All 4 CUHP Model Outputs 10yr Historical Summary of Unit Hydrograph Parameters Used By Program and Calculated Results (Version 2 0 0) Unit Hydrograph Parameters and Results Excess Precip Storm Hydrograph Catchment Name/ID CT Cp W50 (mm ) W50 Before Peak W75 (min ) W75 Before Peak Time to Peak (min ) Peak (cfs) Volume (c f) Excess (inches) Excess (c f ) Time to Peak (min ) Peak Flow (cfs) Total Volume (c f ) Runoff per Unit Area (cfs/acre) OS -1 0 162 0 178 39 8 6 93 20 7 4 90 11 6 81 249,320 0 34 83,710 35 0 27 83,701 0 39 OS -2 0 158 0 099 40 9 4 61 213 3 26 7 7 23 72,523 0 00 246 85 0 0 246 0 00 OS -3 0 148 0 051 18 0 2 20 9 4 155 3 7 13 18,552 0 01 172 75 0 0 165 0 01 OS -4 0 150 0 063 37 8 3 33 19 6 2 35 5 6 10 29,475 0 01 163 40 0 0 162 0 00 OS -4(1) 0 154 0 071 10 4 2 07 5 4 146 3 4 44 35,885 0 33 11,978 25 0 11 11,139 107 OS -5 0 159 0 104 56 1 5 96 29 2 4 21 9 9 18 78,260 0 25 19,314 35 0 4 19,304 0 20 OS -6 0 158 0 098 49 4 5 23 25 7 3 69 8 7 19 70,933 0 31 21,648 35 0 5 21,618 0 28 OS -7 0 158 0 111 25 6 3 68 13 3 2 60 6 1 47 92,984 0 33 30,819 30 0 15 30,701 0 57 OS -8 0 158 0 068 26 8 2 89 13 9 2 04 4 8 15 30,982 0 00 29 35 0 0 29 0 00 OS -8A 0 158 0 052 20 8 2 33 10 8 165 3 9 11 17,424 0 22 3,793 30 0 2 3,677 0 44 OS -9 0 158 0 056 45 7 3 46 23 8 2 45 5 8 6 20,228 0 22 4,525 30 0 1 4,511 0 22 OS -10 0 158 0 053 35 4 2 93 18 4 2 07 4 9 6 17,633 0 16 2,857 30 0 1 2,829 0 21 OS -11 0 158 0 063 36 6 3 28 19 0 2 31 5 5 9 26,566 0 31 8,364 30 0 3 8,323 0 39 OS -12 0 157 0 093 26 5 3 38 13 8 2 39 5 6 31 62,654 0 47 29,219 30 0 13 29,055 0 73 O5-13 0 156 0 039 22 4 2 17 11 6 153 3 6 5 9,203 0 47 4,359 30 0 2 4,210 0 83 OS -14 0 138 0 035 39 5 2 55 20 5 180 4 2 3 9,172 0 50 4,601 30 0 1 4,538 0 51 S-1 0 157 0 072 44 5 3 96 23 1 2 80 6 6 10 35,937 0 65 23,403 35 0 6 23,358 0 60 Table All 5 CUHP Model Input 100yr Developed Summary of CUHP Input Parameters (Version 2 0 0) Depression Storage Horton's Infiltration Parameters DCIA Level and Fractions Catchment Name/ID Ramgage Name/ID Area (sq mi ) Dist to Centroid (miles) 1 Length (miles) Slope (ft /ft ) Percent Impery Pervious (inches) Impery (inches) Initial Rate (in /hr ) Final Rate (in hr ) Decay Coeff (1/sec) DCIA Level Con'ct Impery Fraction Receiv Pery Fraction Percent Eff Impery S-1 WINDSOR-100YR 0 007 0 026 0 115 0 005 8 8 0 00 0 00 3 00 0 50 0 0018 0 00 0 18 0 09 8 07 S-2 WINDSOR-100YR 0 009 0 059 0 114 0 004 8 5 0 00 0 00 3 00 0 50 0 0018 0 00 0 17 0 09 7 81 Table All 6 CUHP Model Output 100yr Developed Summary of Unit Hydrograph Parameters Used By Program and Calculated Results (Version 2 0 0) I _ Un t Hydrograph Parameters and Results Excess Precip Storm Hydrograph Catchment Name/ID CT Cp W50 (mm ) W50 Before Peak W75 (mm ) W75 , Before Peak Time to Peak (mm ) Peak (cfs) Volume (c f) Excess (inches) Excess (c f ) Time to Peak (mm ) Peak Flow (cfs) Total Volume (c f ) Runoff per Unit Area (cfs/acre) S-1 0 133 0 043 32 2 2 56 16 7 181 4 3 6 15,911 2 22 35,263 40 0 9 34,668 2 11 S-2 0 134 0 048 45 8 3 19 23 8 2 25 5 3 6 20,058 2 21 44,408 45 0 9 44,197 166 APPENDIX III UD-Detention Input and Output DETENTION BASIN STAGE -STORAGE TABLE BUILDER UD-Detention. Version 3.07 (February 2017) Project: Amen HMA Plant Basin ID: S-1 * S-2 100 VR VOLUME EURV I WQCv PER MANE P4 T POOL ZONE 3 ZONE ZONE ZONE I ANO 2 ORIFICES 100 -YEAR ORIFICE Example Zone Configuration (Retention Pond) Required Volume Calculation Selected BMP Type = Watershed Area = Watershed Length = Watershed Slope = Watershed Imperviousness = Percentage Hydrologic Soil Group A = Percentage Hydrologic Soil Group B = Percentage Hydrologic Soil Groups C/D = Desired WQCV Drain Time = EDB 10.96 700 0.020 29.00% 0.0% 0.0% 100.0% 40.0 acres ft ft/ft percent percent percent percent hours Location for 1 -hr Rainfall Depths = Louisville - City Hall Water Quality Capture Volume (WQCV) = Excess Urban Runoff Volume (EURV) = 2-yr Runoff Volume (P1 = 0.85 in.) = 5-yr Runoff Volume (P1 = 1.08 in.) = 10-yr Runoff Volume (P1 = 1.13 in.) = 25-yr Runoff Volume (P1 = 1.88 in.) _ 50-yr Runoff Volume (P1 = 2.31 in.) = 100-yr Runoff Volume (P1 = 2.8 in.) = 500-yr Runoff Volume (P1 = 3.63 in.) = Approximate 2-yr Detention Volume = Approximate 5-yr Detention Volume = Approximate 10-yr Detention Volume = Approximate 25-yr Detention Volume = Approximate 50-yr Detention Volume = Approximate 100-yr Detention Volume = Stage -Storage Calculation Zone 1 Volume (WQCV) = Zone 2 Volume (EURV - Zone 1) = Zone 3 Volume (100 -year - Zones 1 & 2) Total Detention Basin Volume = Initial Surcharge Volume (ISV) = Initial Surcharge Depth (ISD) _ Total Available Detention Depth (H,0I,I) = Depth of Tnckie Channel (HTC) = Slope of Trickle Channel (STc) = Slopes of Main Basin Sides (S,,,(,,) = Basin Length -to -Width Ratio (Rim) = Initial Surcharge Area (Asv) Surcharge Volume Length (I -,5v) = Surcharge Volume Width (W,sv) Depth of Basin Floor (HFLooR) = Length of Basin Floor (Lipoid = Width of Basin Floor (WFLooR) = Area of Basin Floor (AFLooR) _ Volume of Basin Floor (VFLooR) = Depth of Main Basin (HMAIN) = Length of Main Basin (LMA,N1 = Width of Main Basin (WMA,N) = Area of Main Basin (AINA,N) = Volume of Main Basin (VMA,N1 = Calculated Total Basin Volume (Vlota,) _ 0.135 0.288 0.188 0.317 0.41 1 0.953 1.314 1.798 2.625 0.176 0.299 0.312 0.513 0.586 0.780 0.135 0.152 0.492 0.780 18 0.40 6.00 1.00 0.010 3 2 44 6.7 6.7 1.05 115.1 59.3 6.824 2.603 3.55 136.4 80.6 10.988 31,300 0.780 acre-feet acre-feet acre-feet acre-feet acre-feet acre-feet acre-feet acre-feet acre-feet acre-feet acre-feet acre-feet acre-feet acre-feet acre-feet acre-feet acre-feet acre-feet acre-feet ft^3 ft ft ft^2 ft ft ft ft ft tt^3 ft ft ft ft^2 ft^3 acre-feet Optional User Override 1 -hr Precipitation 0.85 1.08 1.13 1.88 2.31 2.80 inches inches inches inches inches inches inches Depth Increment = 0.6 Stage - Storage Description Stage (ft) Length (ft) Width (ft) Area (ft"2) Area (acre) Volume (ft^3) Volume (ac -ft) Top of Micropool 0.00 6.7 6.7 44 0.00 ISV 0.40 6.7 5.7 44 0.00 17 0.00 0.60 6.7 6.7 44 0.00 26 0.00 1.20 6.7 6.7 44 0.00 53 0.00 1.80 46.8 26.2 1.225 0.03 258 0.01 2.40 109.7 56.7 6 212 0.14 2.332 0.05 Floor 2.45 114.8 59.2 6,791 0.16 2.657 0.06 Zone 1 (WQCV) 2.91 117.8 62.0 7.310 0.17 5 906 0.14 3.00 118.4 62.6 7.407 0.17 6.568 0.15 3.60 122.0 66.2 8,072 0.19 11,211 0.26 Zone 2 (EURV) 3.77 123.0 67.2 8,265 0.19 12.599 0.29 4.20 125.6 59.8 8,762 0.20 16.260 0.37 4.80 129.2 73.4 9.478 0.22 21.730 0.50 5.40 132.8 77.0 10 220 0.23 27 639 9.63 Zone 3 (100 -year) 6.00 136.4 80.6 10 988 0.25 34.000 0.78 6.60 140.0 84.2 11 782 0.27 40.830 0.94 7.20 143.6 87.8 12 602 0.29 48.144 1.11 7.80 147.2 91.4 13.448 0.31 55,958 1.28 8.40 150.8 95.0 14,320 0.33 64,287 1.48 9.00 154.4 98.6 15,218 0.35 73.147 1.68 9.60 158.0 102.2 16.141 0.37 82 553 1.90 10.20 161.6 105.8 17.091 0.39 92 521 2.12 10.80 165.2 109.4 18.066 0.41 103, 067 2.37 11.40 168.8 113.0 19.067 0.44 114,206 2.62 12.00 172.4 116.6 20,095 0.46 125,953 2.89 12.60 176.0 120.2 21.148 0.49 138 325 3.18 13.20 179.6 123.8 22 227 0.51 151 336 3.47 13.80 183.2 127.4 23.332 0 54 165 002 3.79 14.40 186.8 131.0 24 463 0.56 179 339 4.12 15.00 190.4 134.6 25 620 0.59 194 363 4 46 Weiinnrl. Inc. Environmental & Engineering AMEN AGGREGATE RESOURCE DUST CONTROL PLAN Weld County, CO Prepared For: Coulson Excavating Co., Inc. 3609 N. County Rd 13 Loveland, CO 80538 Prepared By: Weiland, Inc. PO Box 18087 Boulder CO 80308 March 2, 2020 PO BOX 18087. BOULDER. CO 80308 ph 303-443-9521 TABLE OF CONTENTS 1.0 DUST CONTROL PLAN 1 1 SOURCES OF DUST 1 2 DUST CONTROL MEASURES 1 2 1 Topsoil and Overburden Removal 1 2 2 Raw Material Extraction 1 2 3 Material Hauling Onsite 1 2 4 Ground Disturbance (Wind Erosion) 1 2 5 Aggregate Processing 1 2 6 Hot Mix Asphalt Plant 1 2 7 Hauling Materials Offsite 13 PERMITTING FIGURES FIGURE 1 -SITE LOCATION MAP FIGURE 2 - SITE PLAN APPENDICES Submitted Mining Operations Air Pollution Emissions Notice and Application for Construction Permit i 2 2 2 2 2 3 3 3 3 3 3 1.0 DUST CONTROL PLAN 1 1 SOURCES OF DUST The proposed Amen Aggregate Resource Mining operation will extract sand & gravel materials from an open excavation, transport the materials to the processing site to be processed and finally use those materials to produce Hot Mix Asphalt (HMA) from a HMA Plant The HMA will then be transported offsite to be used for road construction The specific activities associated with the process above which have the highest potential to generate dust in the form of Particulate Matter (PM) including PM2 5 and PM 10 include • Topsoil and Overburden removal • Raw material excavation • Hauling material onsite • Material conveyor drop points • Ground disturbance (wind erosion) • Aggregate processing including screening, crushing and conveying • HMA plant operation • Hauling materials offsite 1.2 DUST CONTROL MEASURES The control of dust will involve planning and operational best management practices that are identified below for each of the above -mentioned potential sources Dust emission control efficiencies are also given for each source /control where known 1 2 1 Topsoil and Overburden Removal Topsoil and overburden removal can have the potential to be a significant source of PM emissions As a planning control, the operation will use an excavator and haul trucks to remove topsoil and overburden The use of an excavator and haul trucks to remove topsoil and overburden will produce approximately 2 times less PM emissions than the use of scrapers Emission controls for the hauling of topsoil to the stockpile site will include frequent watering and graveling of the haul road The combined controls have an effective efficiency of approximately 87 5% The topsoil and overburden stockpiles will then be revegetated within 1 year 1 2 2 Raw Material Extraction Raw material extraction is less of a significant source of PM emissions primarily because the pit run material is moist The operation will use an excavator to remove pit run material The excavator sits on a bench on top of the gravel layer (approximately 4-8 ft below existing ground) which provides some shielding from wind and therefore reducing PM emissions 2 of 3 1 2 3 Material Hauling Onsite Material hauling onsite is potentially on of the largest sources of PM emissions As a planning control, conveyors instead of haul trucks will be utilized to move materials for a significant portion of the distance from near the extraction site to the processing area Operating in this way has the potential to eliminate 99% of PM emissions compared to hauling by truck For extraction sites closer to the processing area, trucks will be used to haul materials PM control measures for haul roads will include frequent watering and graveling The combined controls have an effective efficiency of approximately 87 5% 1 2 4 Ground Disturbance (Wind Erosion) Wind erosion of disturbed ground can be a source of PM emissions In order to minimize the amount of disturbed ground, the operation will only remove overburden approximately 5 acres ahead of the active excavation site Additionally, revegetation of ground level disturbances will be re -vegetated within1 year after they are reclaimed 1 2 5 Aggregate Processing Aggregate processing PM emissions sources include screens, crushers and conveyor drops Screen and crusher plants are fitted with water spray bars to mitigate dust with an emissions efficiency of 85-90% Conveyor drop points are moist material, therefore additional controls are not applied 1 2 6 Hot Mix Asphalt Plant The HMA plant PM emissions primarily originate from the dryer and material loading operations The dryer is fitted with a bag house which has a control ,efficiency of greater than 99 8% The baghouse has a maintenance plan to insure optimal operational efficiency Loading operations routes will be graveled and adequately watered 1 2 7 Hauling Materials Offsite Material hauled offsite from the HMA plant will be controlled by paving the entire section of road to and from the HMA plant The control efficiency for paving is approximately 96 3% given frequent sweeping and watering 1.3 PERMITTING An Air Pollution Emissions Notice application has been submitted to the Colorado Department of Health & Environment, Air Pollution Control Division The application form is given in Appendix I 3 of 3 ECORD20 , N ECORD 16 REVISIONS CO RD 56 T5N, R67W R Weiland Inc_ Environmental & Engineering PO dOX1BOB7 BoutskR CO 90309 ph 303.443.9521 CO RD 52 1/4 1000 AMEN AGGREGATE RESOURCE APEN APPLICATION WELD COUNTY,CO 1 24000 PRE►ARED MA Hardman SCALE 1..=2,000' SITE LOCATION MAP S 1/2 S19/T5N/R67W SITE LOC APEN.DWG r TE PFW 02/02/2020 ACCESS cr REVISIONS DE SCRIP I TRACKING CONTROL SCALE HOUSE AG HOUSE OVERLAND CONVEYOR FROM NORTH CELLS r PAVED ROAD PROPANE TANK \ \ \ AC CEMENT TANK Weiland. Inc. Environmental & Engineering PO BOY 18087 SOUL JCR CD 80308 ph 303-443.9521 STACKER CONVEYOR SCREEN CRUSHER GENSET SCREEN STACKER CONVEYOR FINES STOCKPILE OVERLAND CONVEYOR FROM EAST MINING CELLS ti 800 FT AMEN AGGREGATE RESOURCE - APEN & APPLICATION FOR CONSTRUCTION PERMIT WELD COUNTY FIGURE 2 SITE PLAN CKClLD Iv FIGURE 2 SITE PLAN.DWG Vitt T 1 OF 1 Mining Operations APEN - Form APCD-222 Air Pollutant Emission Notice (APEN) and Application for Construction Permit All sections of this APEN and application must be completed for both new and existing facilities, including APEN updates. Incomplete APENs will be rejected and will require re -submittal. Your APEN will be rejected if it is filled out incorrectly, is missing information, or lacks payment for the filing fee. The re -submittal will require payment for a new filing fee. This APEN is to be used for mining operations (i.e. quarries, pits, or mines). This APEN may also be used to report haul road activities at non -mining facilities. Additional APENs may be required for process equipment located at the mine. A specialty APEN may be available for the process equipment (e.g. asphalt plant, crusher/screen, concrete batch plant, engines, etc.). In addition, the General APEN (Form APCD-2OO) is available if the specialty APEN options will not satisfy your reporting needs. A list of all available APEN forms can be found on the Air Pollution Control Division (APCD) website. This emission notice is valid for five (5) years. Submission of a revised APEN is required 30 days prior to expiration of the five-year term, or when a reportable change is made (significant emissions increase, increase production, new equipment, change in fuel type, etc.). See Regulation No. 3, Part A, II.C. for revised APEN requirements. Permit Number: AIRS ID Number: / / 'as already assigned a permit z and AIRS Section 1 - Administrative Information Company Name': Mine/Pit Name: Mine/Pit Location: Mailing Address: (Include Zip Code) Coulson Excavating Company, Inc. Amen Aggregate Resource NE Corner CR 13 and CR 54 3609 North County Rd. 13 Mine/Pit Location County: Weld NAICS or SIC Code: 1442 Loveland, CO 80538 Contact Person: Ken Coulson Phone Number: 970-667-2178 E -Mail Address2: ken@coulsonex.com 1 Use the full, legal company name registered with the Colorado Secretary of State. This is the company name that will appear on all documents issued by the APCD. Any changes will require additional paperwork. 2 Permits, exemption letters, and any processing invoices will be issued by the APCD via e-mail to the address provided. Form APCD-222 - Mining Operations APEN - Revision 12/2019 COLORADO tlrpartrnrnt of PRiAhc Health b Envtronmcnt Permit Number: AIRS ID Number: . 1larir. unless APCD hu.) already assigned a permit 4 and AIRS ID] Section 2 - Requested Action • • ■ ■ NEW permit OR newly -reported emission source -OR- MODIFICATION to existing permit (check each box below that applies) ■ ■ Change fuel or equipment ■ Change company name3 ■ Add point to existing permit Change permit limit ■ Transfer of ownership4 • Other (describe below) -OR- APEN submittal for update only (Note blank APENs will not be accepted) - ADDITIONAL PERMIT ACTIONS - APEN submittal for permit exempt/grandfathered source Additional Info a Notes: DRMS # M-2019-025, Pending Weld County Use by Special Review 3 For company name change, a completed Company Name Change Certification Form (Form APCD-106) must be submitted. 4 For transfer of ownership, a completed Transfer of Ownership Certification Form (Form APCD-104) must be submitted. Section 3 - General Information General description of the activity (additionally, provide a topographic site map): Earthwork activities to include topsoil / overburden / gravel excavation with excavator, haul trucks & conveyor. Processing to include screening, crushing & classifying as well as production of Hot Mix Asphalt paving materials For existing sources, operation began on: For new or reconstructed sources, the projected start-up date is: Normal Hours of Source Operation: 11 Seasonal use percentage: Dec -Feb: 2% May 1, 2020 hours/day 6 days/week 52 weeks/year Mar -May: 1 6% Jun -Aug: 48% Sep -Nov: 34% Commodity Produced: (check each box below that applies - as indicated on the applicable Division of Minerals and Geology Permit) a ■ ■ ■ ■ Aggregate / Sand and Gravel Stone Coal Minerals or Metals (type): Other (describe): Form APCD-222 - Mining Operations APEN - Revision 12/2019 zip COLORADO neparcmrnt of Public Health b Environment Permit Number: L AIRS ID Number: / / nas already assigned a permit and AIRS ID] Section 4 - Processing/Manufacturing Information Et Material Use ■ Check this box if APEN is for Haul Roads only (not located at a mining site) and complete the applicable sections, Section 4H - Raw Material Transport and/or Section 41 - Finished Product Transport on pages 6 and 7. Otherwise complete alt of Section 4. From what year is the actual annual amount? na Actual Annual Production (tons) na Requested Annual Productions (tons) 400 000 7 5 Requested values will become permit limitations or will be evaluated for exempt status, as applicable, and should consider future process growth. Requested values are required on all APENs, including APEN updates. Section 4A - Topsoil Removal Topsoil removed daily (tons) Topsoil removed annual (tons) 2,500 11,000 Proposed controls for topsoil removal Moist Material ❑ Water Spray ❑ Other (specify): Stockpile(s) Maximum stored on site (tons) 40,000 Proposed controls for topsoil stockpile Section 4B - Overburden Removal Equipment used for removal Excavator/ Haul Truck Tons removed by dragline (daily) Tons removed by dragline (annual) Dragline drop height (feet) Hours scraper operated (daily) Hours scraper operated (annual) Proposed controls for overburden removal Moist material ❑ Water Spray ❑ Other (specify): Form APCD-222 Mining Operations APEN - Revision 12/2019 O Watering ❑ Chemical Stabilizer ❑ Compacting of Piles ❑ Enclosures (choose one option from below) ❑ Complete ❑ Partial Revegetation (must occur within one year of site disturbance) ❑ Other (specify): Stockpile(s) Maximum stored on site (tons) 60,000 Proposed controls for overburden stockpile A Watering ❑ Chemical stabilizer ❑ Compacting of piles ❑ Enclosures (choose one option from below) ❑ Complete ❑ Partial Revegetation (must occur within one year of site disturbance) S ❑ Other (specify): COLORADO Department of Public Health b Environment Permit Number: AIRS ID Number: . ve bt ;K unler CD l .__ , already assigned a permit ri and AIRS ID] Section 4C - Drilling and Blasting Drilling Number of holes drilled (daily) None Number of holes drilled (annual) Proposed controls for drilling ❑ Water injection ❑ Bag collectors ❑ Other (specify): Removal Material removed daily (tons) 5,000 Blast area (acres) Number of blasts (daily) Blasting None Number of blasts (annual) Type of blasting material Blasting material used (daily) Blasting material used (annual) Section 4D - Raw Material Material removed annual (tons) 400,000 Maximum drop height (feet) 6 Specific moisture content (%) 5 Proposed controls for raw material removal e Moist material ❑ Water spray ❑ Other (specify): Stockpile(s) Maximum stored on site (tons) 200, 000 Proposed control for raw material stockpile Watering ❑ Chemical stabilizer ❑ Compacting of piles ❑ Enclosures (choose one option from below) ❑ Complete ❑ Partial ❑ Other (specify): Section 4E - Conveyors and Transfer Points (not assigned to process equipment) Include a map detailing the conveyor system layout within the site. Conveying Material conveyed daily (tons) Material conveyed annual (tons) Proposed controls for conveyors ❑ Enclosures (choos ❑ Complete Other (specify): 5,000 400,000 e one option from below) ❑ Partial moist material Form APCD-222 - Mining Operations APEN - Revision 12/2019 Number of transfer points Transfer Points 40 Proposed controls for transfer points ❑ Watering ❑ Chemical stabilizer ❑ Enclosures (choose one option from below) ❑ Complete ❑ Partial Other (specify): moist material a COLORADO tepattnntt of Public Health b Environment Permit Number: ./ v ., J v t 1 i .\ '`. %) AIRS ID Number: / / Has already assigned a permit and AIRS Section 4F - Processing Equipment Will processing (e.g. crushing, screening, etc.) occur on site? (yes/no) yes If you answered "No" above (i.e. no processing/manufacturing equipment will be located on site) check the box below and skip to page 6, Section 4G - Finished Product. ■ Check this box if no process equipment is located on site. List any additional emission sources and related controls (e.g. concrete batch plants, crushers/screens, engines, conveyors and transfer points associated with process equipment, asphalt plants, etc.). Additional APENs for any such equipment may be required. The following specialty APENs are available: Form APCD-224 Concrete Batch Plant APEN, Form APCD-221 Crusher/Screen APEN, Form APCD-233 Compression Ignition Engine APEN. If a specialty APEN is not appropriate for the additional equipment, use Form APCD-2OO General APEN. Additionally, complete the section below regarding crushing and screening performed on site. (or Emission Source equipment type) Control Equipment Description Permit (if available) Number Crushers Water Spray Bars 08PO0076, 08PO0078 Generator (CIE Powered) O&M Plan 08PO0077 Screens Water Spray Bars 08PO0079, 08PO0080 Generator (CIE Powered) O&M Plan 08PO0081 Plant Baghouse, O&M Plan 98PO0025 HMA Primary Crushing Maximum crushed per year (tons) 300,000 Design process rate (tons/hour) Duration of daily crushing (hours) 400 10 Secondary Crushing Maximum crushed per year (tons) Design process rate (tons/hour) Proposed control for crushing B D Moist material Water spray 100,000 400 ❑ Enclosures (choose one option from below) ❑ Complete ❑ Partial ❑ Other (specify): Screening/Classifying Maximum screened per year (tons) 400,000 Design process rate (tons/hour) Duration of daily screening (hours) 500 10 Secondary Screening/Classifying Maximum screened per year (tons) 400,000 Design process rate (tons/hour) Proposed control for screening Moist material Water spray 500 ❑ Enclosures (choose one option from below) ❑ Complete ❑ Partial ❑ Other (specify): Note: Completion of this section does not relieve the applicant from the requirement to submit APEN forms for process equipment subject to APEN or permitting requirements. Form APCD-222 - Mining Operations APEN - Revision 12/2019 a COLORADO Deptrtmrnl of fhthl1f Health b Envtronment Permit Number: AIRS ID Number: unle3. APCL : as already assigned a permit # and AIRS ID] Section 4G - Finished Product Stockpile(s) Maximum stored on site (tons) 200,000 Proposed control for finished product stockpile Watering ❑ Chemical stabilizer ❑ Compacting of piles ❑ Enclosures (choose one option from below) ❑ Complete ❑ Partial ❑ Revegetation (must occur within one year of site disturbance) ❑ Other (specify): Section 4H - Raw Material Transport (raw material removal to stockpiles) Annual on -site transfer: 400,000 tons Haul Vehicle 1 Haul vehicle capacity: 40 Haul vehicle empty weight: 33 Max number of trips per day: 125 Haul road length (avg. one way): 700 Posted speed limit on haul road: 15 List all air pollution controls used for the haul roads: ❑ Paved Surface Street sweeping: ❑ No Unpaved Surface Haul Vehicle 2 Haul Vehicle 3 mph ❑ Yes Watering: ❑ None ❑ As needed Surface is graveled: ❑ No El Yes Chemical stabilizer applied: S No ❑ Yes Type: D tons tons feet Frequent6: 3 times/day (e.g. mag chloride, resin, etc.) 6 If "Frequent" is selected, your permit may include a requirement to water haul roads daily as often as listed in this APEN. Form APCD-222 - Mining Operations APEN - Revision 12/2019 6 COLORADO Department of Public Health b Environment Permit Number: AIRS ID Number: [Lea. _ _ ales : already assigned a permit and AIRS Section 41 - Finished Product Transport Annual off -site transfer: 400,000 tons Haul vehicle capacity: Haul vehicle empty weight: Max number of trips per day: Haul road length (avg. one way): Posted speed limit on haul road: Haul Vehicle 1 20 20 250 853 15 List all air pollution controls used for the haul roads: e Paved Surface Street sweeping: ❑ Unpaved Surface Watering: Surface is graveled: Chemical stabilizer applied: Haul Vehicle 2 Haul Vehicle 3 mph ❑ No U Yes tons tons feet ❑ None ❑ As needed ❑ Frequent6: times/day ❑ No ❑ Yes ❑ No ❑ Yes Type: (e.g. mag chloride, resin, etc.) 6 If "Frequent" is selected, your permit may include a requirement to water haul roads daily as often as listed in this APEN. Section 5 - Geographical/Site Information Total site area (acres): Geographical Coordinates (Latitude/Longitude or UTM) 504667.57450, 4469965.03987 UTM Attach a topographic site map indicating location. 150.98 Total disturbed site area (acres): 1 1 0 Proposed site controls Watering (choose one option from below) ❑ Frequent (2 or more times per day) a As needed ❑ Chemical stabilizer Revegetation (must occur within one year of site disturbance) ❑ Seeding with mulch ❑ Seeding without mulch ❑ Other (specify): Form APCD-222 - Mining Operations APEN - Revision 12/2019 7 I COLORADO csrpartrn4nt nt Public Health Is Environment Permit Number: AIRS ID Number: bL i4 >k CD L., already assigned a permit # and AIRS ID] Section 6 - Applicant Certification I hereby certify that all information contained herein and information submitted with this application is complete, true, and correct. Signature of Legally Authorized Person (not a vendor or consultant) Date Name (print) Title Check the appropriate box to request a copy of the: Draft permit prior to issuance Draft permit prior to public notice a ■ (Checking any of these boxes may result in an increased fee and/or processing time) This emission notice is valid for five (5) years. Submission of a revised APEN is required 30 days prior to expiration of the five-year term, or when a reportable change is made (significant emissions increase, increase production, new equipment, change in fuel type, etc.). See Regulation No. 3, Part A, II.C. for revised APEN requirements. Send this form along with $191.13 to: Colorado Department of Public Health and Environment Air Pollution Control Division APCD-SS-B1 4300 Cherry Creek Drive South Denver, CO 80246-1530 Make check payable to: Colorado Department of Public Health and Environment For more information or assistance call: Small Business Assistance Program (303) 692-3175 OR (303) 692-3148 APCD Main Phone Number (303) 692-3150 Form APCD-222 - Mining Operations APEN - Revision 12/2019 COLORADO Health b Environment H�� r-I.NVIRONMENTAL ACOUSTICS AND VIBRATION CONSULTING April 30, 2019 Ken Coulson Coulson Excavating 3609 North County Road 13 Loveland, CO 80538 Re: Noise Analysis for the Proposed Amen Aggregate and Asphalt Plant Dear Mr. Coulson, As requested, Hankard Environmental conducted an analysis of noise emissions that will be generated by the proposed Amen Aggregate Resource Mining and Asphalt Plant to be located in Weld County, Colorado. As documented herein, our assessment is that noise levels from the proposed mining operation will be in compliance with applicable limits, provided that certain noise mitigation (reduction) measures are implemented. This letter describes the proposed project, the noise regulations applicable to the project, the methodology used to predict noise levels, the assessment of noise level compliance, and the recommended noise mitigation measures and best practices. PROJECT DESCRIPTION The proposed Amen Aggregate Resource Mining and Asphalt Plant (Project) will be located in Weld County, Colorado just north of Weld County Road (WCR) 54 between County Line Road and WCR 15. Figure 1 shows the Project location and the surrounding area. The proposed operations on the 94.3 -acre site include the mining and processing of aggregate, operation of a hot mix asphalt (HMA) plant, and the import and export of associated material to and from the proposed permit area. The proposed hours of operation are Monday through Saturday from 7:00 am to 6:00 pm, with occasional operation of the HMA plant 24 hours per day seven days a week when needed. The mining operation has been broken up into six cells. The duration of mining is expected to range from one to two years per cell, for a total operation of about 10.5 years. The major noise -producing equipment associated with the Project includes an excavator, dump trucks, front end loaders, impact and cone crushers, screens, and the HMA plant. Daily traffic volume due to employees and hauling of material is estimated at 220 heavy vehicle trips and 34 light vehicle trips. COLORADO • WISCONSIN phone: (303) 666-0617 • www.hankardinc.com "TANKARDENV IRON MENTAL c-: ACOUSTICS AND VIBRATION CONSULT NG FIGURE 1 - AMEN PROJECT NOISE ANALYSIS LAYOUT Aj Residential Receptors `_ j Mining Permit Boundary County Mining USR Boundary 1 es Berm Mining Planimetrics Parcels Agricultural Public ROW Residential Noise Analysis for the Proposed Amen Aggregate and Asphalt Plant April 30, 2019 HANKARD ENVIRONMENTAL ACOUSTICS AND V9 ATION CONSULTING APPLICABLE NOISE REGULATIONS Weld County defines its noise limits in Chapter 14 - Health and Animals, Article IX - Noise, but states that any noise produced in the course of normal mining operations or oil and gas exploration, drilling and production is exempt from these regulations (Section 14-9-60, Exceptions). Therefore, Weld County noise limits do not apply to this Project. The State of Colorado defines noise limits in the Colorado Revised Statutes (CRS), Title 25, Article 12, Noise Abatement. CRS §25-12 noise limits are listed in Table 1, and depend on the time of day of operations, land use of adjacent properties, and type of operation. There are no applicable exemptions for the proposed Project from these limits. TABLE 1 - Colorado Revised Statutes §25-12 Maximum Permissible Noise Levels (dBA) Zone Daytime(')(z) Nighttimejz) (7:00 am - 7:00 pm) (7:00 pm - 7:00 am) Residential 55 50 Commercial 60 55 Light Industrial 70 65 Industrial 80 75 (1) During the daytime, noise levels can be increased by 10 dBA for 15 minutes in any one -hour period (2) Noise level limit decreased by 5 dBA for intermittent, shrill type sounds Time of Day Typically, the Project will only operate during the daytime (defined by CRS §25-12 as 7:00 am to 7:00 pm). The only potential nighttime (7:00 pm to 7:00 am) operation is the HMA plant to support certain nighttime roadway construction projects. Land Use While Table 1 states "zone," Weld County looks at the actual land "use" with regard to noise regulations. This is a use -by -right submittal, and thus the Project will be an Industrial use and thus the Industrial noise limits must be met 25 feet outside of the Project boundary. There is also one existing Residential use to the southeast, for which the Project must meet the Residential limits 25 feet inside that property boundary. Furthermore, the Project is committed to meeting Residential limits at all existing residential structures. Type of Operation Three caveats apply to these limits. First, during the daytime, the noise level limit can be increased by 10 dBA for 15 minutes in any one -hour period. This is applicable to intermittent sources of mining noise, such as earth -moving equipment approaching and receding from the permit boundary. Second, noise level limits are reduced by 5 dBA for intermittent or shrill type sounds, which would apply to "tonal" back-up alarms, but not "broadband" back-up alarms that are not impulsive or shrill. Third, construction activities (i.e., erecting berms, equipment, or structures.) are subject to the Industrial zone limits per CRS §25-12, regardless if the adjacent property has lower limits due to its land use. Noise Analysis for the Proposed Amen Aggregate and Asphalt Plant 3 April 30, 2019 HANKARD sENVIRONMENTAL Cs_ .mss ACOUSTICS AND VIBRATION CONSULTING NOISE LEVEL PREDICTION METHODOLOGY Noise levels were predicted per International Organization for Standardization (ISO) 9613-2: 1996 - Acoustics - Attenuation of Sound During Propagation Outdoors using the SoundPLAN v8.1 software package. ISO 9613-2:1996 predicts noise levels assuming slight downwind conditions (wind blowing from source to receptor) with an accepted accuracy of ±3 dB out to 1,000 meters. A sample view of the acoustical model is provided in Figure 2. The following describes how the ISO method was applied on this Project. FIGURE 2 - SAMPLE 3D VIEW OF THE AMEN PIT SOUNDPLAN NOISE MODEL Atmospheric Conditions The air temperature, relative humidity, and atmospheric pressure were set to conditions of 10°C, 70%, and 1 atmosphere, respectively. These values represent a low amount of atmospheric absorption of sound available in the ISO 9613-2:1996 method, and result in high levels of sound reaching the receptors. Terrain and Ground Effect The terrain in the project area was modeled by importing LiDAR data provided by Weiland, Inc. The acoustical effect of the ground can be modeled using ground factors from 1.0 (completely Noise Analysis for the Proposed Amen Aggregate and Asphalt Plant 4 April 30, 2019 hlENVI RO N MEN TALL ACOUSTICS AND VIBRATION CONSULTING absorptive) to 0.0 (completely reflective). For this project we assumed a ground factor of 0.0 for the hard surfaces around the proposed mining areas and 0.5 for all other areas that include grasses, which is felt to be reasonable and yet still conservative for these predictions. Receptors In the SoundPLAN model, receptors (prediction points) were located at the seven existing residences that are located in the surrounding Agricultural zones and 25 feet inside the one Residential property line to the southeast as shown in Figure 1. Furthermore, sixteen worst -case receptors were also located 25 feet outside the Project property boundary as well. The receptor heights were set to 5 feet above the ground, as is common practice. Noise Source Levels The sound power levels for each piece of equipment were determined from measurements of the equipment, with some being the actual equipment to be used for the Project. Note that the sound power level is independent of the distance from the source, ground type, etc. and represents all of the sound energy into one point. All noise sources were located ten feet above the ground. TABLE 2 - Sound Power Levels of Major Noise -Producing Equipment Noise Source Sound Power Level (dBA) Reference Hot Mix Asphalt Plant 114 Measured (1) Aggregate Plant CAT 3406 Generator 112/109 (2) Measured (1) Aggregate Plant CAT 3406 Generator 113 / 113 (2) Measured (1) Aggregate Plant Screen 111 Measured Aggregate Plant Feeder 111 Measured Aggregate Plant Impact or Cone Crusher 110 Measured Excavator Loading Haul Truck 110 Measured (1) Front End Loader 108 Measured Front End Loader 113 Measured Haul Truck CAT D400E 113 Measured (1) Semi -Truck 105 Measured (1) (1) Coulson excavating equipment measured by Hankard Environmental (2) Engine exhaust / engine casing Noise Analysis Scenarios The intent of this analysis is to predict the worst -case noise levels to allow for a conservative assessment of compliance with the applicable limits. Noise levels were predicted for three Noise Analysis for the Proposed Amen Aggregate and Asphalt Plant April 30, 2019 5 lit1NVIRONMENTAL a ACOUSTICS AND VIBRATION CONSULTING operating scenarios. The first is full operation of the Project, which includes the HMA plant, aggregate processing plant, and one active mining operation (i.e.: excavator loading haul truck) in the current cell. This will only take place during the daytime. The second scenario is the operation of the HMA plant only, which may occur during the nighttime. The third scenario analyzed is the use of backup alarms, and while it is not independent of the other scenarios, it can be the cause of complaints and was therefore analyzed specifically. NOISE RESULTS AND ASSESSMENT OF COMPLIANCE Predicted noise levels for each scenario analyzed are described below along with an assessment of compliance with applicable noise regulations. The mitigation measures required to achieve these results are described in the next section. Scenario 1: Daytime Operation of the Full Project Full operation of the Project is proposed to occur only during the daytime and includes the operation of the HMA plant, aggregate processing plant, and active mining in one of the six cells. Noise levels were predicted with the mining operation occurring at the surface (more sound propagation at the surface than below) nearest to a residence and/or property line. Table 3 lists the predicted noise levels for this scenario, the applicable noise limits, and an assessment of compliance. Figure 3 shows the predicted noise level contours for this scenario with the HMA plant and aggregate processing facility in constant operation (but not mining, as this takes place in many locations and cannot be represented by one set of contours). Note that when equipment is at the surface and approaches the property boundary near R01, the daytime limits could be slightly exceeded, but the events are expected to remain within the allowable 10 dBA increase for up to 15 minutes in any one -hour period. Similarly, haul trucks, water trucks, semi -trucks, and light vehicles will also be active on the site, but their contribution to the predicted noise levels at the residential locations are expected to be insignificant as compared to these worst -case predictions. In conclusion, all of the predicted noise levels expected under Scenario 1 are in compliance with the provisions of CRS §25-12. Scenario 2: Nighttime Operation of the HMA Plant Only Noise levels were predicted from just the operation of the HMA plant. Table 4 lists the results of these predictions along with an assessment of compliance with nighttime limits. Figure 4 shows the noise level contours for this scenario. Note that while semi -trucks will operate on the site at slow and idle conditions, their noise level contributions are insignificant at the residential locations. In conclusion, all of the predicted noise levels associated with this scenario are in compliance with the nighttime noise limits of CRS §25-12. Noise Analysis for the Proposed Amen Aggregate and Asphalt Plant 6 April 30, 2019 H�'� ENVIRONMENTAL C cc e - - --�-� ACOUSTICS AND VIBRATION CONSULTING TABLE 3 - PREDICTED NOISE LEVELS FOR ALL DAYTIME OPERATIONAL SCENARIOS Operational Condition Receiver HMA, Process, Daytime In HMA & Process and Worst Case Noise Limit Compliance? Mining 25 ft. Outside Project Boundary 51 to 66 51 to 73 80 YES R01 - Pallotto 52 56 55 YES(1) R02 - Buhlke 48 50 55 YES R03 - Cummings 45 46 55 YES R04 - Schwalm 43 45 55 YES R05 - Schwalm 41 44 55 YES R06 - Croissant 47 54 55 YES R07 - Residential Use(2) 44 50 55 YES R08 - Betz Emmanuel Trust 40 42 55 YES (1) When mining equipment operates at the property line the maximum sound level the noise limit is temporarily exceeded, but it is expected to be well within the allowable +10 dBA for 15 minutes in any one -hour period. (2) Because this is a Residential Zone, the prediction is 25 feet inside the residential property line as opposed to at the nearest residence. TABLE 4- PREDICTED NOISE LEVELS DURING NIGHTTIME OPERATIONAL SCENARIOS Receiver HMA Only at Night Nighttime In Noise Limit Compliance? 25 ft. Outside Project Boundary 40 to 60 R01 - Pallotto 43 R02 - Buhlke 42 R03 - Cummings 37 R04 - Schwalm 32 R05 - Schwalm 32 R06 - Croissant 39 R07 - Residential Uses') 38 R08 - Betz Emmanuel Trust 32 75 50 50 50 50 50 50 50 50 YES YES YES YES YES YES YES YES YES (1) Because this is a Residential Zone, the prediction is 25 feet inside the residential property line as opposed to at the nearest residence. Noise Analysis for the Proposed Amen Aggregate and Asphalt Plant 7 April 30. 2019 HANKARD ENVIRON MENTAL ACOUSTICS AND VIBRATION CONSULTING Noise Level Contours (HMA and Processsing Daytime) 55 dBA 80 dBA 1% Residential Receptors r `_- J Mining Permit Boundary County Mining USR Boundary Berm Mining Planimetrics Parcels Agricultural Public ROVJ Residential FIGURE 3 -NOISE LEVEL CONTOURS FOR OPERATION OF THE HMA PLANT AND AGGREGATE PROCESSING FACILITY Noise Analysis for the Proposed Amen Aggregate and Asphalt Plant 8 April 30, 2019 HANKARD Fr' RON MENTAL C c - ACOUSTICS AND VIBRATION CONSULTING 46* A k —I w Al Residential Receptors r-- `_ 9 Mining Permit Boundary County Mining USR Boundary Berm Mining Planimetrics Parcels Agricultural L _ -1 Public ROVi Residential Noise Level Contours (HMA Only Nighttime) t50dBA Ora / J FIGURE 4 -NOISE LEVEL CONTOURS FOR OPERATION OF THE HMA PLANT ONLY 5225 4 % 4.4 %a, .;",y% so top a ,, eta -3 a Noise Analysis for the Proposed Amen Aggregate and Asphalt Plant 9 April 30, 2019 HANKARD Em RON MEN TAL -Cc- Mira. en. s ACOUSTICS AND VIBRATION CONSULTING Scenario 3: Backup Alarms One cause of complaints near mining facilities is due to the intermittent and tonal nature of noise from typical equipment backup alarms. To minimize complaints, many construction equipment operators have replaced these alarms with ambient -controlled broadband backup alarms. These alarms constantly measure the background noise level and produce a sound that is far less than a fixed volume tonal alarm. Furthermore, the "broadband" aspect of these alarms replaces the piercing "beep" with "white noise" that is far less noticeable at a distance (e.g. at residences). A measurement of an ambient -controlled broadband backup alarm on one of the applicant's front end loaders resulted in a sound pressure level of 55 dBA at 240 feet away when in direct line of sight. The primary location where these backup alarms will be used is in the aggregate processing area which is more than 1,700 feet from the nearest residence which would result in the backup alarm being less than 40 dBA without any noise mitigation. The nearest residence to any mining operation where a backup alarm might be used is 260 feet when equipment is operating at the edge of Cell 5 at the surface, which will still result in a predicted noise level of less than 55 dBA. Furthermore, all mining and loading operations should be designed to minimize or eliminate the need for the backing up of equipment and vehicles, to the degree practicable. Considering all of this, provided that the Project uses ambient -controlled broadband backup alarms, the residential noise level limit should not be exceeded at any existing residence. NOISE MITIGATION REQUIREMENTS TO MAINTAIN COMPLIANCE Provided that all following conditions below are followed, noise from the construction and operation of the proposed Project is predicted to be in compliance with CRS §25-12 limits. 1. Full simultaneous operation of the HMA plant, aggregate processing plant, and mining activities should take place during daytime hours only (7:00 am to 7:00 pm). 2. Noise emission factors should not exceed those listed in Table 2. If louder equipment is used then additional analysis or mitigation may be necessary. 3. A 20 -foot -tall stockpile should be maintained on the north side of the aggregate processing plant to block the noise from propagating to the nearest residences to the north. 4. The use of ambient -controlled broadband back-up alarms is required for all Coulson Excavating equipment. Backing up by contractor vehicles not outfitted with these types of alarms should be minimized, particularly at night. 5. Good communication with all surrounding residents is recommended, including a 24 -hour telephone "hot-line". The predicted noise levels, compliance determination, and recommended mitigation measures are based on the operational information provided by Coulson Excavating. These results will change if significant changes are made to the type of equipment used, the location of its use, or the hours of operation. Noise Analysis for the Proposed Amen Aggregate and Asphalt Plant 10 April 30, 2019 IIFNVI RON MENTAL A - p ACOUSTICS AND VIBRATION CONSULTING Please call if you have any questions. Sincerely, Jeff Cerjan, INCE Senior Consultant cc: Mike Hankard, Hankard Environmental, Inc Peter Wayland, Weiland, Inc Noise Analysis for the Proposed Amen Aggregate and Asphalt Plant 11 April 30, 2019 LSC TRANSPORTATION CONSULTANTS, INC. 1889 York Street Denver, CO 80206 (303) 333-1105 FAX (303) 333-1107 E-mail: Isc@lscdenver.com TRANSPORTATION CONSULTANTS, INC. May 2, 2019 Mr. Ken Coulson Coulson Excavating Company, Inc. 3609 N. County Road 13 Loveland, CO 80308 Re: Coulson Amen Gravel Resource Traffic Impact Analysis Weld County, CO LSC #190330 Dear Mr. Coulson: In response to your request, LSC Transportation Consultants, Inc. has prepared this traffic impact analysis for the proposed Coulson Amen Gravel Resource development. As shown on Figure 1, the site is located north of County lad (CR) 54 and east of CR 13 in Weld County, Colorado. REPORT CONTENTS The report contains the following: the existing roadway and traffic conditions in the vicinity of the site including the lane geometries, traffic controls, posted speed limits, etc.; the existing weekday peak -hour traffic volumes; the existing daily traffic volumes in the area; the typical short-term and long-term weekday site -generated traffic volume projections for the site; the assignment of the projected traffic volumes to the area roadways; the projected short-term and long-term background and resulting total traffic volumes on the area roadways; the site's pro- jected traffic impacts; and any recommended roadway improvements to mitigate the site's traffic impacts. LAND USE AND ACCESS The site is proposed to include an asphalt plant and sand/gravel mining operation. Full move- ment access is proposed to CR 13 as shown in the conceptual site plan in Figure 2. Sand and gravel is planned to be delivered to the site through 2022 and then trips generated by the site will be limited to the asphalt plant and on -site sand/gravel mining operation. ROADWAY AND TRAFFIC CONDITIONS Area Roadways The major roadways in the site's vicinity are shown on Figure 1 and are described below. Mr Ken Coulson Page 2 May 2, 2019 Coulson Amen Gravel Resource • Weld County Road (CR) 54 is an east -west, two-lane arterial county road south of the site The intersection with CR 13 is stop -sign controlled with auxiliary turn lanes The posted speed limit in the vicinity of the site is 55 mph • CR 13 is a north -south, two-lane artenal county road west of the site The intersection with CR 54 is stop -sign controlled The posted speed limit in the vicinity of the site is 55 mph Existing Traffic Conditions Figure 3 shows the existing lane geometries, traffic controls, posted speed limits, and traffic volumes in the site's vicinity on a typical weekday The weekday peak -hour traffic volumes and daily traffic counts are from the attached traffic counts conducted by Counter Measures in April, 2019 2022 and 2040 Background Traffic Figure 4 shows the estimated 2022 background traffic and -Figure 5 shows the estimated 2040 background traffic The projected background traffi wvo`l9mes assume an annual growth rate of about three percent Existing, 2022, and 2040 Background Le ge s ®f 5e ica Level of service (LOS) is a quantitatiG,emeasure_of the level of congestion or delay at an inter- section Level of service is indicatedfon a)scale from "A" to "F " LOS A is indicative of little con- gestion or delay and LOS F is indicative/of-ahigh level of congestion or delay Attached are specific level of service definitions�for' nsignalliZed intersections The intersections in Fi e d\5 were analyzed as appropriate to determine the existing, 2022, and 2040 backgrouu\nd levelsof service using Synchro Table 1 shows the level of service analysis results The level'of service) reports are attached CR 54/CR 13: All movements at this stop -sign controlled intersection currently operate at LOS "C" or better and are expected to do so through 2022 In 2040, the northbound and southbound approaches are expected to operate at LOS "F" in the afternoon peak -hour Traffic signal control may be needed by 2040 TRIP GENERATION Table 2 shows the estimated average weekday, morning peak -hour, and afternoon peak -hour trip generation for the proposed site based on information from the applicant Phase 1 of the site from 2020 to 2022 is projected to generate about 430 vehicle -trips on the average weekday, with about half entering and half exiting dunng a 24 -hour period During the morning peak -hour, which generally occurs for one hour between 6 30 and 8 30 a m , about 30 vehicles would enter and about 18 vehicles would exit the site During the afternoon peak - hour, which generally occurs for one hour between 4 00 and 6 00 p m , about 18 vehicles would enter and about 30 vehicles would exit Mr Ken Coulson Page 3 May 2, 2019 Coulson Amen Gravel Resource Phase 2 of the site from 2023 to 2040 is projected to generate about 270 vehicle -trips on the average weekday, with about half entering and half exiting during a 24 -hour period During the morning peak -hour, which generally occurs for one hour between 6 30 and 8 30 a m , about 22 vehicles would enter and about 11 vehicles would exit the site During the afternoon peak - hour, which generally occurs for one hour between 4 00 and 6 00 p m , about 11 vehicles would enter and about 22 vehicles would exit TRIP DISTRIBUTION Figure 6 shows the estimated directional distribution of the site -generated traffic volumes on the area roadways The estimates were based on coordination with the project team based on the specifics of the operations plan TRIP ASSIGNMENT Figure 7a shows the Phase 1 site -generated traffic volus from 2020 to 2022 based on the N.directional distnbution percentages (from Figure 6) and the Phase ®trip generation estimate (from Table 2) // Figure 7b shows the Phase 2 site -generated traffic volumes from 2023 to 2040 based on the directional distribution percentages (from Figure 6) and the Phase 2 trip generation estimate (from Table 2) 2022 AND 2040 TOTAL TRAFFIC Figure 8 shows the 2022 total traffic rich-isof the 2022 background traffic volumes (from Figure 4) and the Phase 1 site -genera et d"traffic volumes (from Figure 7a) Figure 8 also shows the recommended 22geometry and traffic control Figure 9 shows the 2b4 total traf c which is the sum of 2040 background traffic volumes (from Figure 5) and the Pe 2 si egenerated traffic volumes (from Figure 7b) Figure 9 also shows the recommended 2 ' 40j1. ‘ geometry and traffic control PROJECTED LEVELS OF SERVICE The intersections in Figures 8 and 9 were analyzed to determine the 2022 and 2040 total levels of service Table 1 shows the level of service analysis results The level of service reports are attached • CR 54/CR 13: All movements at this stop -sign controlled intersection are expected to ope- rate at LOS "D" or better during both morning and afternoon peak -hours through 2040 with the exception of the northbound and southbound approaches which are expected to operate at LOS "F" dunng the 2040 afternoon peak -hour with or without the addition of site traffic Traffic signal control may be needed by 2040 O CR 13/Site Access: All movements at this stop -sign controlled intersection are expected to operate at LOS "B" or better during both morning and afternoon peak -hours through 2040 Mr Ken Coulson Page 4 May 2, 2019 Coulson Amen Gravel Resource CONCLUSIONS AND RECOMMENDATIONS Trip Generation 1 Phase 1 of the site is projected to generate about 430 vehicle -trips on the average weekday, with about half entering and half exiting during a 24 -hour period During the morning peak -hour, about 30 vehicles would enter and about 18 vehicles would exit the site During the afternoon peak -hour, about 18 vehicles would enter and about 30 vehicles would exit 2 Phase 2 of the site is projected to generate about 270 vehicle -trips on the average weekday, with about half entering and half exiting during a 24 -hour period During the morning peak -hour, about 22 vehicles would enter and about' vehicles would exit the site During the afternoon peak -hour, about 11 vehicles would enter and about 22 vehicles would exit Projected Levels of Service 3 All movements at the CR 54/CR 13 intersection ar" expected to operate at LOS "D" or better during both morning and afternoon peak h urs through 2040 with the exception of the northbound and southbound approa , es which are expected to operate at LOS "F" during the 2040 afternoon peak -hour wihorwithouthe addition of site traffic Traffic signal control may be needed by 2040 4 All movements at the CR 13/Sit Access intersection are expected to operate at LOS "B" or better during both morning and a tternoq i peak -hours through 2040 Conclusions 5 The impact of theC'oklson Armen Gravel Resource development can be accommodated by the existing roadwaynetworkk ith implementation of the recommendations below Recommendations 6 The site access approach to CR 13 should be stop -sign controlled 7 The applicant should consider avoiding the routing of trucks south from the site during the afternoon peak -hour if the intersection remains unsignalized and the southbound approach to CR 54 experiences significant delay by 2040 Trucks could be rerouted north on CR 13 to the signalized intersection with US 34 during these times 8 A westbound right -turn lane will likely be needed by 2040 at the CR 54/CR 13 inter- section Site -generated traffic is expected to comprise about six percent of the 2040 total peak -hour turning volume for this movement 9 Traffic signal control may be needed at the CR 54/CR 13 intersection by 2040 Site -gene- rated traffic is expected to comprise between three and four percent of the 2040 total peak - hour side road traffic at this intersection * * * * * Mr Ken Coulson Page 5 May 2, 2019 Coulson Amen Gravel Resource We trust our findings will assist you in gaining approval of the proposed Coulson Amen Gravel Resource development Please contact me if you have any questions or need further assistance Sincerely, LSC TRANSPORTATION CONSULTANTS, INC By Christopher S McGranahan, PE, PTOE Principal CSM/wc Enclosures Tables 1 and 2 Figures 1 - 9 Traffic Count Reports Level of Service Definitions Level of Service Reports C \LSC\ 190330 Coulson\Draft-CoulsonAmenGravelResource wpd Table 1 Intersection Levels of Service Analysis Coulson Amen Gravel Resource Weld County, CO LSC #190330, May, 2019 Intersection Location Traffic Control Existing Traffic Level of Level of Service Service AM PM County Road 54/County Road 13 NB Approach EB Left WB Left SB Approach Critical Movement Delay EB Left EB Through EB Right WB Left WB Through WB Right NB Left NB Through/Right SB Left SB Through/Right Entire Intersection Delay (sec /veh ) Entire Intersection LOS County Road 13/Site Access WB Approach SB Left/Through Critical Movement Delay TWSC Signalized TWSC C C A A A A B C 162 193 2022 Background Traffic Level of Level of Service Service AM PM B A 102 2022/7 Total Tra is Level of11/11edeLof Serve// Serve KA°M PM \ 2040 Background Traffic Level of Level of Service Service AM PM 2040 Total Traffic Level of Level of Service Service AM PM 2040 Total Traffic Mitigated Level of Level of Service Service AM PM C F F F F A A A A A A A A A A D E F E F 26 8 78 1 >240 86 7 >240 B A 103 B A 11 0 B A 11 2 A B A A B A C D C C 159 B A B A A- C A C D C D 21 2 C Table 2 ESTIMATED TRAFFIC GENERATION Coulson Amen Gravel Resource Weld County, CO LSC #190330; May, 2019 Trip Generating Category Phase 1 Trip Generation for Typical June Peak from 2020 - 022 Hauling Finished Product Raw Material from Stroh Pit Light Trucks/Passenger Vehicles Deliveries/Mail etc Phase 2 Trip Generation for Typical June Peak between 2022 and 2040 - no hauling from Stroh Pit Hauling Finished Product \j" Light Trucks/Passenger Vehicles Deliveries/Mail etc Total = Vehicle -,Trips Generated () Average AM Pekl-lour PM Peak - Hour Week/day �„ In NOut In Out V 228 10 11 11 10 160 8 7 7 8 34 12 0 0 12 8 0 0 0 0 430 30 18 18 30 Total = 228 10 11 11 10 34 12 0 0 12 8 0 0 0 0 270 22 11 11 22 Notes (1) Based on information provided by the applicant 4/15/19 = 1, 781 vpd 4/16/19 = 1,817vpd 4/17/19 = 1,933vpd 4/18/19 = 1,963vpd Weekday Average = 1,875vpd LEGEND: F = Stop Sign 26 _ AM Peak Hour Traffic 35 PM Peak Hour Traffic 1,000 = Average Daily Traffic Note: Assumes an annual growth rate of three percent. Approximate Scah Scale: In= 1,200' Figure 4 Year 2022 Background Traffic, Lane Geometry and Traffic Control Coulson Amen Gravel Resource (LSC #190330) L � r ri+ Mitigated LEGEND: = Stop Sign S = Traffic Signal 26 _ AM Peak Hour 35 PM Peak Hour 1,000 = Average Daily Traffic Traffic Traffic 3,500 • w CR54 r Notessumes an annual growth rate of three percent. Approximate Soak' Scale: In= 1,200' Figure 5 Year 2040 Background Traffic, Lane Geometry and Traffic Control Coulson Amen Gravel Resource (LSC #190330) 50% LEGEND: 5% = Percent Directional Distribution Approximate Scat( Scale: 1"= 1,200' Figure 6 Directional Distribution of Site -Generated Traffic Coulson Amen Gravel Resource (LSC #190330) Figure 7a Assignment of Site -Generated Traffic from 2020 to 2022 cLIhn Mitigated LEGEND: S Stop Sign Traffic Signal 26 _ AM Peak Hour 35 PM Peak Hour 1,000 = Average Daily Traffic Traffic Traffic Approxiniale Scale Scala: 1"= Figure 9 Year 2040 Total Traffic, Lane Geometry and Traffic Control Coulson Amen Gravel Resource (LSC #190330) co 0LOO) H O O Z O N Dm -0 0817 a) • a) Ca ZZ U a) a) m Ca N CC OD CO EL U Z Cn W U) 1— p —J W W ❑ 0 WW(3) = m O W fnHp� co 77 W iy0M C) 20 c? c ix >-111 a W W Z N H co W n Zr❑ O O U 2 H O a, J O 0 0 • LO h m h MM h U) W U) CO CO 0 0 0 0 0 LO NN -N W CO I- O) r O M d 0 O V- CD 0 CeW UJ r Zth _Jo Z)'.Z ❑ oo=p❑ ww=• � ��pZ zLOO O W a Z J C } L Z o DZ 0 N a, N a O O m CY 2 L H O a) J 0 0 0 CO 0 0) N N rO 0 00 O N- N 'V CD CO.- - N 0 00 0 0 COON O) CD. -0O) CO U) V' LO D a) a 0 O J L H O C, a) J O 00 CD !D CO CO a M M 0 0000 LO MrO)r NmN NLN mm N- O N CO CO W C Z Zo DM }t H j 0 0 O (U a 0 07 O J L H O J O 0 E H co co 0 Ca W 0 00 CO M CCO O mm N CO N W W 000 0000 Mrs} f-rr� N-OLO Ccr O M M N M M U) 22 << 0U)H COV- CD CO 00 2222 QQQQ O LO O LO 0.- M 0000 O 00 M d r M N U) N r C') To I - Q¢ O .- O O) d' O) h d' O) U) W N M N-- 0) W O) U) 0 N N- NNNW N- 0 0000 N W M 0 000 00 M CO N- � N -CO O COO O) -W C,) U) W0) W MC-U)t`M W W CO <- co ,t CO N ti W WC—Wr O0)C'7C0W NMN N 00m M O 6'4'0 O O O 0000 stNCOC`9U) W O)CO� 00000 N CO M LO WMM WWW N- MN 0 000 00 N Ofr W W t• rA Cr) N W d' N N LO 0 CO vr lO LO M�rO0) WW f`r 00000 0000 04O O 00 W M W �W N 0 0 00 O O n OUL-O) .U)0)CN- N r cr tt MM MM O r C,) ' N -.—CO U)CNWO hW rV W CNNLO 1 L O h W N W O) N C 2222 2222 aaaao aQOa O LO O LO H O LO O LO OrMOrMst sf V' U) LO LO LO 0000 0000 CsJ CO CO O M N To 0 H N/S STREET COUNTY LINE RD E/W STREET HWY-54/CR-18 CITY JOHNSTOWN COUNTY WELD COUNTER MEASURES INC 1889 YORK STREET DENVER COLORADO 303-333-7409 File Name COUNTCR18 Site Code 00000015 Start Date 4/16/2019 Page No 2 COUNTY LINE RD Southbound CR-18 /HWY-52 Westbound COUNTY LINE RD Northbound CR-18 /HWY-52 Eastbound Start Time Left Thr u Rig ht Ped s App Total Left Thr u Rig ht Ped s App Total Left Thr u Rig ht Ped s App Total Left Thr u Rig ht Ped s App Total Int Total ea k Hour From 06 30 AM to 08 30 AM - Peak 1 of 1 Intersects on Volume Percent 07 30 Volume Peak Factor High Int Volume Peak Factor 07 00 AM 13 23 43 0 79 16 29 54 0 0 5 1 4 3 7 11 0 21 07 45 AM 5 4 14 0 23 0 85 9 23 236 34 0 293 78 80 11 00 5 6 3 74 9 0 86 0730 AM 3 74 9 0 86 0 85 2 17 36 9 0 62 27 58 14 0 0 4 1 5 3 10 0 0 13 07 15 AM 4 11 3 18 0 86 1 26 173 10 0 209 12 82 48 00 4 8 10 49 4 0 63 07 30 AM 10 49 4 0 63 0 82 9 0 rn N N CO O O COUNTY LINE RD/ / Out In ,T0tat 96 431 231 13h 75 Ri ht ru Left Peds 4I L I North 4/16/2019 7 00 00 AM 4/16/2019 7 45 00 AM VEHICLES 41 I FD Left Thru Right Peds 1 171 361 91 01 62-1 Out In Total COUNTY I INE RD 56 118 2 rr i x N a owi w U1 n F m —cos _ 0) m a 643 183 0 878 N/S STREET COUNTY LINE RD E/W STREET HWY-54/CR-18 CITY JOHNSTOWN COUNTY WELD COUNTER MEASURES INC 1889 YORK STREET DENVER COLORADO 303-333-7409 File Name COUNTCR18 Site Code 00000015 Start Date 4/16/2019 Page No 2 COUNTY LINE RD Southbound CR-18 /HWY-52 Westbound COUNTY LINE RD Northbound CR-18 /HWY-52 Eastbound Start Time Left Thr u Rig ht Ped s App Total Left Thr u Rig ht Ped s App Total Left Thr u Rig ht Ped s App Total Left Thr u Rig ht Ped s App Total Int Total Peak Hour From 04 00 PM to 05 45 PM - Peak 1 of 1 Intersects 04 45 PM on Volume 33 55 42 0 130 13 292 14 0 319 Percent 24 42 3 32 3 00 41 95 44 00 05 00 Volume Peak Factor High Int Volume Peak Factor 3 82 2 0 87 05 00 PM 3 82 2 0 87 091 7 6 15 11 0 32 05 30 PM 12 17 9 0 38 0 85 5 m 0 r` Cr) 82 13 38 26 0 77 16 49 33 0 0 9 4 8 5 10 8 0 23 0500 PM 4/16/2019 4 45 00 PM 4/16/2019 5 30 00 PM VEHICLES Left Thru Right Peds 1 131 381 261 01 1 1 1 771 Out In Total COUNTY LINE RD 81 158 30 270 13 0 313 96 83 42 00 10 61 6 0 77 04 45 PM 8 76 1 0 85 0 92 1 4 4—g C •rar- -0 a N 0 C.) CO CO 0) 839 219 0 958 Page 2 Location: COUNTY LINE RD N/O CR-18 City: JOHNSTOWN County: WELD Direction: NORTHBOUND -SOUTHBOUND NB COUNTER MEASURES INC. 1889 YORK STREET DENVER,COLORADO 80206 303-333-7409 Site Code: 191407 Station ID: 191407 Start Time 04/15/19 01:00 02:00 03:00 04:00 05:00 06:00 07:00 08:00 09:00 10:00 11:00 12 PM 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 Total Percent Bikes 0 0 0 1 0 0 1 2 2 0 0 2 0 1 2 1 3 3 1 2 0 0 0 0 21 2.4% Cars & Trailers 2 0 0 1 3 7 26 43 27 9 18 10 10 14 19 26 32 34 22 12 5 4 0 0 324 37.4% 2 Axle Long 1 0 0 0 0 5 14 26 14 5 5 10 7 11 8 12 15 10 9 5 6 2 0 0 165 19.0% Buses 0 0 0 0 0 0 0 4 2 1 2 3 3 2 4 5 5 1 1 0 0 1 0 0 34 3.9% 07:00 4 15:00 5 AM Peak Vol. PM Peak Vol. 07:00 2 16:00 3 07:00 43 17:00 34 07:00 26 16:00 15 2 Axle 6 Tire 0 0 0 1 2 8 27 16 12 10 8 7 12 14 11 19 20 22 7 7 4 1 0 1 209 :00 27 17:00 22 3 Axle Single 0 0 0 1 0 0 3 1 0 2 3 4 8 3 2 4 6 0 0 0 iro 0 0 0 0 0 or 4 4 Axle Single 0 0 0 0 0 0 0 0 0 0 1 0 1 0 1 <5 AxI Double 0 0 0 0 0 0 2 6 3 5 2 4 1 6 8 3 0 1 0 0 0 0 0 0 41 0.5% 4.7% 5 Axle Double 0 0 0 0 0 0 0 0 2 1 2 1 2 1 1 1 3 0 1 1 0 0 1 0 17 2.0% >6 Axl Double 0 0 0 0 0 0 0 0 0 0 1 0 1 0 0 0 0 0 0 0 0 0 0 0 2 0.2% <6 AxI Multi 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.0% 6 Axle Multi 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.0% 0.0% >6 AxI Multi 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Not Classed 0 0 0 0 1 0 0 1 1 1 1 3 0 0 1 0 0 3 0 1 0 0 0 0 0 13 1.5% Total 3 0 0 4 6 20 73 99 63 34 43 44 45 52 57 71 84 74 41 29 15 8 1 1 867 10:00 07:00 4 `V 1 6 00 12:00 14:00 8 1 8 08:00 2 16:00 3 10:00 1 12:00 1 11:00 3 17:00 3 ti N- 00 ✓ r MM ✓ r do 0 0o _O00 V z cn N W E--Ce ° w0 Qco fx 0 W .J E OO a ci W 00p Li°1 Z W O O U 0 Z 0 w Z >-Z Z 0 OW UZ CI M 00 CJ 7 C �U 0 Z D 0 CO I 0 0 z 0 00 H Opc w0 z C Et D C) 0 .L 00 N CD cD O H r r r- I� In cD N lf) cD f� r O r 0O I� r M 0O O M r NCDOMd QON- tNr-r r 0 0 0 0 r N O r Z w Co U N r 00r- 0000r-0000 CO 00 O 0 N O r r NO 9 r o 0000000000000000000000000 D � cD 6 A a):.= 00000000000000000000000000 2 o0 —=0000000000000000000000000% D o co 2 o V x WO 0 0 0 0 r 0 0 r 0 0 0 r 0 r 0 0 0 0 0 0 0 0 0 0 r <3, °o o S 0 0 O o 0 o r C7 t O f' ! ('7 r O r� 0 0 M r 0 0 0 0 0 0 r� N' X .o Q D L0O0 X O o o o o o o M ' N C C O v 0 Q)0000roorcor-0000 0 .0000OM�Or C . C - Nr cn o 0 O 0r000rOrcfMlC)rNMN C M U) r r r r00CDCDLO OL40 M N O O 000000CDMr00)OOLUCOOrOLUNNNMrrO N N r r N r r r W 0 0 0 O 0 O M r N O M 0 M N r O O r 0 0 0 0 a) MOrOOOMNNOMOI-0ONOOO)r0O� lnrNO C r N r r r r N N cn Y_ NOrOMNt7 cMNMOQ)NOU')OQ)OMInhcOOr r N N r r- r r- r- N M 'ctr- r r 0 0 0 r r r M O O N O O N r r r co 00 0 r MOMO UD N00 O O r r O N O r- ° O N O N T_ Nr • CD N O r N0 M N O M 0r00000t.C)o r a)00000000000s00000000000 r000OO00OOOO00000000000 1 0 3r-cvel rU0 Q0N 0000r 66 tf)CD0OQ)OrNM m E r 0 0 0 0 0 0 0 0 o r r n1 ..... r r N N N N 65 O z r -Co c o �-- a) 0 r CD O CO 0 N momo Q a_ Page 4 Location: COUNTY LINE RD N/O CR-18 City: JOHNSTOWN County: WELD Direction: NORTHBOUND -SOUTHBOUND NB COUNTER MEASURES INC. 1889 YORK STREET DENVER,COLORADO 80206 303-333-7409 Site Code: 191407 Station ID: 191407 Start Time 04/17/19 01:00 02:00 03:00 04:00 05:00 06:00 07:00 08:00 09:00 10:00 11:00 12 PM 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 Bikes 0 0 0 0 0 2 0 2 0 4 1 0 1 0 3 2 0 1 0 1 0 0 0 0 Total Percent AM Peak Vol. PM Peak Vol. 17 1.9% 09:00 4 14:00 3 Cars & Trailers 1 2 1 2 2 15 21 39 20 12 16 7 22 15 18 24 28 36 26 9 10 4 2 0 332 37.8% 07:00 39 17:00 36 2 Axle Long 1 1 0 0 1 8 15 13 13 6 11 9 6 7 7 10 17 12 14 6 5 3 0 2 167 19.0% 06:00 15 16:00 17 2Axle 3Axle 4Axle <5Axl 5Axle Buses 6 Tire Single Single Double Double 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 1 13 0 0 2 0 2 21 1 0 5 3 3 15 0 0 6 liks. 2 13 2 0 5 6 7 6 0 Ilk 4 13 0 0 4 3 14 2 0 8 3 2 10 4 0 7 4 1 15 2 0 isks5 1 2 10 3 2 1 7 21 1 0 2 2 1 13 1 0 0 0 1 22 1 0 0 0 1 8 0 0, 2 0 0 0 Q: 0 0 0 1 � 0 0 1 0 1 0 0 0 0 0 0 0 0 0 0 0 1 0 r 0 0 36 199 2 55 32 4.1% 22.7% 2. °'.' 0.2% 6.3% 3.6% 09:00 106:00 9:0 ' 10:00 09:00 6 r 21 6 8 7 15:00 17:00 '00 14:00 12:00 12:00 7 22 4 2 7 4 >6 AxI Double 0 0 0 0 0 0 1 0 0 1 0 0 1 0 0 0 0 0 0 0 0 0 0 0 <6 Axl Multi 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 0 0.3% _ 0.0% 06:00 1 12:00 1 6 Axle >6 Axl Multi Multi 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 1 0.0% 0.1% Not Classed 0 0 0 0 0 0 0 1 0 1 1 0 0 0 1 3 2 0 1 1 0 0 0 0 11 1.3% 07:00 1 Total 2 3 1 2 4 41 69 81 59 55 58 46 57 46 47 72 62 73 52 18 17 8 2 3 878 19:00 1 15:00 3 E I. I• V L 00:L I- 00:ZZ 00:V I• 00:S [ 00:L I- L 1. 17 9 L 0O90 00:60 00.90 0O90 00:90 %6.0 %0.0 %0'0 %0.0 %`v.0 %6'0 %L.8 %b'0 668 9 0 0 0 E 8 88 tr £ 0 0 0 0 0 0 0 4:: 0 L 0 0 0 0 1. 0 0 0 ZL 0 0 0 0 0 0 0 0 9L 0 0 0 0 0 0 L 0 LZ 0 0 0 0 0 0 0 4 0 517 0 0 0 0 0 0 0 0 89 8 0 0 0 0 L 0 L 99 L 0 0 0 0 0 3 0 L L 0 0 0 0 0 L tP 0 179 0 0 0 0 0 L £ 0 LP 0 0 0 0 0 0 £ 0 917 0 0 0 0 0 0 0 0 09 0 0 0 0 0 0 Z L 09 L 0 0 0 1. L L LE 0 0 0 0 1- 01 0 19 L 0 0 0 0 0 L L 176 0 0 0 0 0 0 L 0 1.8 L 0 0 0 0 �` 9 0 9Z L 0 0 0 0 L 0 9 0 0 0 0 0 L 0 Z 0 0 0 0 0 0 0 0 £ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z 0 0 0 0 0 0 0 0 18301 passer !ion !3Inn !UV] algnoa algno0 algnoo a16uiS }oN IXV 9< OPXV 9 IXV 9> IXV 9< elxV S IXd 9> elXV t7 1017L6L :O1 uogag LOt7L6L :apoO apiS Z 00 S 0:9 %£.Z _400 0 0 0 + 0 0 Z L L L L L Z £ Z 3 0 9 0 0 0 0 0 0 al6u!S alX' £ 60tiL-£££-E0£ 90208 Odb21O1OO`213nN34 133211S N2lOJl 6881. '0NI S321f1St13W 2131Nf1O0 6Z 00:91. LZ 00:90 13/0171Z 9172 0 L L 9 P LI- VE 6Z 61. LL 61. 91. 61. 0 1. 9 01. 91. LZ L Z L 0 0 L as i1 9 GM/ 3 6 00:Z1. 9 00 41- %s.9 89 0 0 0 0 L 0 0 17 L 9 8 6 9 £ 9 3 3 3 L 0 0 0 0 0 sasn9 00 00:9L OZ 0O80 %6.92 3p3 L 8 8 8 LL 91. LZ OC 173 PL 6 8L 6 L 03 LL LL P 0 L 0 0 0 Bum] alxy Z 8Z 00:L I. 19 00 LO %L 63 Z9Z Z 3 8 9 9 81. 8Z OZ ZL 01. 9 L 17 LL I.1• 61. L9 173 0L 3 0 £ 0 E 0091. L 00:90 %9* PL 0 0 0 0 0 0 Z L E Z I• 0 0 0 L L L L L 0 0 0 0 0 sa)1i8 .ton Need Did .b A >lead IN`d wowed l eiol 00:£Z 00 Z 00:LZ 00.02 00:61. 00:91- 00:LL 00:9 00:9 L 00:71- 0O81. Wd ZL 00:1.1. 00:0L 00:60 00:80 00:L0 00:90 0O50 00 : 170 00:80 00:30 00:1-0 61./81./V0 ow!' pe3S 8N 0Nf1OSHIflOS-aNflOSH12JON :uogooJio Oh M :k unoo NMOISNHO(' :AP 8 L-?:IO O/N O2d aNIi AINf1Oa :uoileaoi g abed Page 11 Location: COUNTY LINE RD N/O CR-18 City: JOHNSTOWN County: WELD Direction: NORTHBOUND -SOUTHBOUND SB Start Time COUNTER MEASURES INC. 1889 YORK STREET DENVER,COLORADO 80206 303-333-7409 Site Code: 191407 Station ID: 191407 04/15/19 01:00 02:00 03:00 04:00 05:00 06:00 07:00 08:00 09:00 10:00 11:00 12 PM 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 Bikes Total Percent Cars & Trailers 0 0 0 0 0 0 0 1 0 3 0 7 0 14 2 18 0 23 1 11 0 17 0 9 0 14 2 12 0 14 2 27 2 42 4 52 0 32 0 5 0 13 1 6 0 3 1 324 35.4% 2 Axle Long 0 0 0 0 0 4 8 9 16 11 10 11 12 13 15 17 25 32 8 11 4 5 0 0 Buses 0 211 23.1% 0 0 0 0 0 4 2 4 4 1 4 1 8 2 3 3 1 1 1 0 0 0 0 39 4.3% AM Peak Vol. PM Peak Vol. 07:00 2 17:00 4 08:00 23 17:00 52 08:00 16 17:00 32 06:00 4 13:00 8 2 Axle 6 Tire 0 0 0 0 1 6 7 16 12 10 13 14 11 8 17 21 24 29 15 10 4 4 1 0 223 24.4% 07:00 16 17:00 29 3Axle 4Axle <5Axl 5Axle Single Single Double Double 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 0 0 1 3 0 1 6 0 0 2 23 03 0 1 6 0 4 2 3 0 3 2 0 0 0 9 0 0 1 (1 3 42 0: 2 0 0 1 0 0 0 1 0 0 0 0r 0 0 1 28 18 4. 0.1% 3.1% 2.0% 11:0 11:00 07:00 10:00 6 4 6 1 00 15:00 17:00 15:00 14:00 9 1 4 3 2 'V. neir >6 AxI Double 0 vio 0 0 0 0 0 0 0 0 0 1 1 0 0 2 1 0 0 0 0 0 0 0 0 <6 AxI Multi 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 Axle >6 AxI Multi Multi 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 0 0 0 0.5% 0.0% 0.0% 0.0% Not Classed Total 0 0 0 0 0 0 0 1 0 4 0 17 0 37 0 57 0 59 1 42 0 46 2 53 1 47 0 44 1 62 0 78 0 104 6 129 0 58 0 29 0 22 0 18 0 4 0 3 11 914 1.2% 11:00 2 17:00 6 U Z U) �W/ i-- D Q Y W � 2O >- C W o r Z O V 0) CO N- N- O 0 r r O O r r a) O U o cow CO O N 0O O O, O Q O M J M OI M U O cLLI J Z 0 0 OO cL 0 co U = O H z 0 o O w Z -� O }. Z CO Z OD DC H U) 'I W o o ;7; C U 0 o O .� co �UUL co N CO O H rONif) or) COr- CID OOI-lf)OOtiODOcOti Nt'OOOOOM r In In d V CO OO O OO CO on N r r '-0OoOorOo Z CA' CU U r r o r r 0 r r O r0000000000o O r 00 0 Q- 0 0 0 0 0 0 0 0 0 0 r O O r O 0 0 0 0 0 0 0 0 0 N N CO O U Is= O O O O O O O O O O O O O O O O O O O O O O O O O o O O 0O - O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 � O co a V X a) O O O O O O r O o 0 0 0 0 0 0 0 0 0 0 0 0 0 O O l< -a CO O 0 0 0 O O r a r O r o O r O O O CD O r O r cr) N O 1.0 O CO 0 0 CO r N r O O O O 0 le o l‘c N CO N X CUCCOOOrNN0O Q ID lf) 0 O V o tf N a) a)oo0o00000000000 xC tin to c) ti O O r cn r O r 0 M O O O O O mt o CD O OD CD O •OO rC 0 OOO CD a)o00000CD NLOCI COCON •:rCOlnrin00000 <C a) a)OOrNrI�CDd-CONO)I--COOOOti1f)Nd-OCOCN - r r r r r r N r N r r CDCOCDL.0 O 0 O r 0 CD O O Co 0 CD r In CO L) CO U) ' N1.0 Cr) d- V CO r 0 0 0 O� o U) LI) m lfi a) 0T o 0 0 r O r CD N O LU N- CJ) CV N dt OO N OO OO U0 N CO O C N r- r r r N N CO r O N O6 (L3 N t H U) m r O O T7 V' 0'O d' CJ) r OO Q) r 0 OO CO CD N N In Q) r N r r r N r N N C() In N O O 0 O r CD CO r CD 82 o N c. N rN000ONONNr qct OOOOONo N N a) O CD O O CD O O O o O 0 o O CD O o 0 0 o O O O 'r 00000000000 00000000000 't Q) 0D r N M lC) co R. C0 CJ) O r LL C'O d' 11) CD I: OO O) O r N CO E` 0 0 0 0 0 0 0 0 0 N N N N 05 is= CD ('Si r O r O 0 03 O N O N O N O CO ON. — Or O N ONION) r 'N - r r CD OO CD ict. O O o O o > co > H 2 cta) 0_2 2 Q d Page 13 Location: COUNTY LINE RD N/O CR-18 City: JOHNSTOWN County: WELD Direction: NORTHBOUND -SOUTHBOUND SB Start Time COUNTER MEASURES INC. 1889 YORK STREET DENVER,COLORADO 80206 303-333-7409 Site Code: 191407 Station ID: 191407 04/17/19 01:00 02:00 03:00 04:00 05:00 06:00 07:00 08:00 09:00 10:00 11:00 12 PM 13:00 14:00 15:00 16:00 17:00 18:00 19:00 20:00 21:00 22:00 23:00 Total Percent AM Peak Vol. PM Peak Vol. Bikes 0 0 0 0 0 0 0 0 1 0 0 2 3 1 0 1 1 1 1 0 0 0 0 0 11 1.0% 11:00 2 12:00 3 Cars & Trailers 0 0 1 2 6 5 7 15 8 10 13 10 14 12 28 41 38 64 32 13 9 7 4 3 342 32.4% 07:00 15 17:00 64 2 Axle Long 0 0 0 0 1 4 5 12 10 9 3 16 13 16 20 31 32 31 19 6 5 2 2 0 237 22.5% 11:00 16 16:00 32 Buses 0 0 0 1 0 0 2 6 8 8 4 1 2 5 1 2 1 0 0 0 0 0 0 0 41 3.9% 08:00 8 13:00 17:00 5 35 2 Axle 6 Tire 1 0 1 2 4 6 12 19 11 16 17 14 19 16 17 24 25 35 25 13 3 1 1 0 282 26.7% :00 19 3 Axle Single 0 0 0 0 0 0 1 3 5 8 3 4 7 4 1 4 4 6 4 Axle Single 0 0 0 0 0 0 0 <5 AxI Double 0 0 0 1 0 0 0 3 5 Axle Double 0 0 0 0 0 0 0 0 1 6 0 7 0 1 0 4 3 0 3 2 0 4 1 1 10� 1 0 1 �4 1 la 0 1 1 1 0 0 0 0 i 0 0 1 sr 0 0 _ 3 40 38 0.3% 3.8% 3.6% 0 0 0 >6 AxI Double 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 <6 AxI Multi 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.0% 0.0% 6 Axle >6 AxI Multi Multi 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.0% 08:00 08:00 1 6 00 14:00 15:00 7 1 6 07:00 8 13:00 4 0 0 0 0 0 0 0 1 1 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 3 0.3% 07:00 1 13:00 1 Not Classed Total 0 1 0 0 0 0 0 0 0 1 1 1 0 0 2 0 0 0 0 0 2 0 0 0 0 0 2 6 11 15 27 68 59 60 44 54 65 62 71 110 103 142 82 34 18 10 8 3 7 1055 0.7% 07:00 1 12:00 2 17 L 1 09 11 99 17£ 3 -Ion 00:£I. 00:£I. 00 Z 00:£L 00-S1 00 00 L1 00 EL 00 LL OO L1 OO L1 )lead Wd Z b 9 9 173 9 91 L 1 L 'PA 0O01 0O80 00:L0 ,0:1s 00. 0O90 00. L L 00.L0 00.170 dead Wd %L'0 % '0 %0'0 %0'0 %Z'0 % I•'Z %6'3 % L'0 %9.0 %tr'5 %9'EE °/0177Z %W0 wowed V90 L L 0 0 3 ZZ L£ L 93E L9 99€ 983 9 lelol E 0 0 0 0 0 L 0 0 0 1 0 00tZ 6 0 0 0 0 L 0 0 0 0 L 0 Z 9 0 00 33 ZZ 0 0 0 0 0 0 0 0 0 9 0 8 6 0 0O13 93 0 0 0 0 0 0 0 0 01 0 6 6 0 00:03 08 0 0 0 0 0 0 0 _ 9 L. 9 EL 0 0O61 LL 0 0 0 0 0 0 k: 0 81 0 L£ L3 0 0O81 917 1- L 0 0 0 0 0 0 L 09 L 99 V£ 3 00:11. 1.14 L 0 0 0 0 £ £ :0 0 117 L £9 93 L 0O91 96 0 0 0 0 0 L ' l L 5Z 9 £17 LA 0 0O91 917 0 0 0 0 0 Z 0 0 L1 t7 L1 g 0 00:11 £9 L L 0 0 L Z 0 V 61 L L ZE 9 0 00:E L 99 0 0 0 0 0 V L 0 Z £3 Z 03 9 0 1/Nd Z L 917 0 0 0 0 0 L Z 0 0 91 £ 91 1 0 0O11 917 Z 0 0 0 0 L 0 0 91 17 £L L 0 0O01 Zj7 0 0 0 0 0 1 0 Z £ L £ 01 31 0 00:60 917 L 0 0 0 0 V l 0 3 EL 9 6 EL 0 0O80 VI L 0 0 0 0 Z 9 0 9 7Z 9 EL LL L 00:L0 9£ 0 0 0 0 0 0 0 0 0 LL 9 L Z L L 0O90 LL 0 0 0 0 0 0 L 0 0 1 0 £ 9 0 00:90 6 0 0 0 0 0 0 0 0 0 3 0 L 9 L 00.170 Z 0 0 0 0 0 0 0 0 0 L 0 0 L 0 00:£0 3 0 0 0 0 0 0 0 0 0 0 0 I. I. 0 0O30 L 0 0 0 0 0 0 0 0 0 0 0 L 0 0 0O10 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6I./8 L/t70 lelol passel° i}InW !1lnL !llnlN algnoo algnoQ algno0 al6u!S al6uiS aail9 sasng 6uoi sJalieal sa)lig awil TON IXV 9< alXV 9 lxv 9> lx`d 9< alxV 9 lxV 9> alXV V aIXV £ alXV Z alXV Z 'g smo PeTS 8S LOt7L6L :01 uoitetS L017161 :apo0 at!S 60bL-£££-£0£ 90208 OatRlOlO0`213AN34 133211S X121 Oil 688 6 'OM S3bf1S`d3W 2131Nf1O0 ONfO9HIfOS-aNfO9HIHON-uogaajio alaM :Atunoo NMOISNHO(' :Apo 8 L -HO O/N OH aNI-1 Amino° :uoueaol tr 1 abed LEVEL OF SERVICE DEFINITIONS From Highway Capacity Manual, Transportation Research Board, 2016, 6th Edition SIGNALIZED INTERSECTION LEVEL OF SERVICE (LOS LOS Average Operational Characteristics Vehicle Delay sec/vehicle A <10 seconds Describes operations with low control delay, up to 10 sec/veh This LOS occurs when progression is extremely favorable and most vehicles arrive during the green phase Many vehicles do not stop at all Short cycle lengths may tend to contribute to low delay values B 10 to 20 seconds Describes operations with control deb` y greater than 10 seconds and up to 20 sec/veh This level,enerally occurs with good progression, short cycle lengths' ` b'i b! th More vehicles stop than with LOS A, causing higheriIevIs of delay, C 20 to 35 seconds Describes operations wit ontroVdelay grater than 20 and up to 35 sec/veh These higheid Ys may result from only fair progression, longer cycleie'ngth, or both Individual cycle failures may begin to appEac�at this level Cycle failure occurs when a given green phase doe't-rtot sere queued vehicles, and overflows occur The number�o vehicl a stopping is significant at this level, thoughhmanyystill pas,,s through the intersection without stopping D 35 to 55 seconds <7-unfavorab)e Descries ooperations,with control delay greater than 35 and up to 55 se /vel)Atrl OS D, the influence of congestion becomes more -no-,-„, cea bf a Longer delays may result from some combination of progression, long cycle lengths, and high v/c ratios Many ehicles stop, and the proportion of vehicles not stopping decline Individual cycle failures are noticeable E 55 to 80 " seconds ,Descnbes operations with control delay greater than 55 and up to 80 sec/veh These high delay values generally indicate poor progression, long cycle lengths, and high v/c ratios Individual cycle failures are frequent F >80 seconds Describes operations with control delay in excess of 80 sec/veh This level, considered unacceptable to most drivers, often occurs with over -saturation, that is, when arrival flow rates exceed the capacity of lane groups It may also occur at high v/c ratios with many individual cycle failures Poor progression and long cycle lengths may also contribute significantly to high delay levels LEVEL OF SERVICE DEFINITIONS From Highway Capacity Manual, Transportation Research Board, 2016, 6th Edition UNSIGNALIZED INTERSECTION LEVEL OF SERVICE (LOS) Applicable to Two -Way Stop Control, All -Way Stop Control, and Roundabouts LOS Average Vehicle Control Delay Operational Characteristics A <10 seconds Normally, vehicles on the stop -controlled approach only have to wait up to 10 seconds before being able to clear the intersection Left -turning vehicles on the uncontrolled street do not have to wait to make their turn B 10 to 15 seconds Vehicles on the stop -controlled appjo'ch will experience delays before being able to clear the int fs` fiction The delay could be up to 15 seconds Left -turning vepipet,9. the uncontrolled street may have to wait to make tt ,e)r turn C 15 to 25 seconds // Vehicles on the stop -controlled proach �' can expect delays in the range of 15 to 25 seconbeioclearing the intersection Motorists may begin to tol�ej �c lances due to the long delays, thereby posing a'sa ety risk to,t rough traffic Left -turning vehicles on the uncontrolld'str etwill nosini be required to wait to make their turnn causin ,qutu.to e'be created in the turn lane D 25 to 35 seconds This is the pornt atV/hich a traffic signal may be warranted for this intersection.. yhe de* for the stop -controlled intersection are not con iiiere o-.b"'"c &sive The length of the queue may begin to �' ) b pckf public and private access points E 35 to 504 seconds lY T eh die ays%b all critical traffic movements are considered to be unacceptable The length of the queues for the stop -controlled w approa hes as well as the left -turn movements are extremely long �There4 s a high probability that this intersection will meet traffic inal warrants The ability to install a traffic signal is affected by the location of other existing traffic signals Consideration may be given to restricting the accesses by eliminating the left -turn move- ments from and to the stop -controlled approach F >50 seconds The delay for the critical traffic movements are probably in excess of 100 seconds The length of the queues are extremely long Motorists are selecting alternative routes due to the long delays The only remedy for these long delays is installing a traffic signal or restricting the accesses The potential for accidents at this inter- section are extremely high due to motorist taking more risky chances If the median permits, motorists begin making two -stage left -turns HCM 6th TWSC 3 County Road 13 & County Road 54 Existing PM Peak lel Se E�%�. wW-111"W-�S r"s� '5 4,�"o-��. j'> �--%1 akin, 131 Int Delay, s/veh 4 9 1oyg eRt �•: Ilia r3i B IEDTETLVATIMFO ' SL" 16T , NB, „_ O' S W.M1 44:" , I Lane Configurations • 4 rraffc Vol, eh/h ; 30 : t270't% :13 ,43' 292 < I4 13 T38 : -"26 -33,- °65 }. '42 FutureVol, veh/h 30 270 13 13 292 14 13 38 26 33 55 42 Conflicting`Peds,-/hr _ -;0 0 0= .0" ; 0 a0 O .0- , 0= 0' 0 --.175,0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Ghar�neliie`d ; _ _ - None - -,`None Storage Length 410 - 395 44.0 - Veh m Median Storage, # , 0' - A0 Grade, % - 0 - - 0 - 0 - Feak dour Factor' 96 _ _96 ; ,96 ,'96 96 :96 96 "96' = 96 Heavy Vehicles, % 10 10 10 10 10 10 10 10 10 M6mfFlow' ;31 x281 e14 i-14' -"'304 <, 15 ; • 14 40 27 PAIrCublETZMOWAk, Conflicting Flow All 319 0 Stage 2 - 42~ - Critical Hdwy Stg 1 Cntical_Hdwy;Stg 2 _ Follow-up Hdwy 2 29 Pot Cap1'Maneuvei 1197 ' , _ Stage 1 ` -Stage Platoon blocked, % Mov Gap -1 -Mang ver 1197 r- .,- Mov Cap -2 Maneuver - _ Stage 2 11,CM Gontml HCM LOS 295 0 0 733 9.7 3 390 3 - 229 ti 96 96 - 10 10 _.57_ ; 744_ 281 724 657 312 `340 "e340" - 384 357 - :72 X6,3 y 62 56 - 93 39 35-9 409 3 39 6 58 f5 739; `331 , 3 5" `7l0 56 623 - 658 625 - 621� 259:;,F 345 ;-i739' 12_83 342 710, ;' - - 259 345 - 283 342 - ,639' 520 614 - 547 598 - i f ,' �'it ft AW I tu gaafkgV1t3t l 1 ktt Ca ^ veh/h _ 1197-1222== y - 386.4= _ _ _ _ - 0 351 19,3 _ - C 15: - HCM Lane V/C Ratio 0 204 0 026 _ - - 0 011 HCM Cdritrol;Delay (s) 16 5 HCM Lane LOS C A A HCM 95th %tile Q(veh) 0 8 -"=0,1 _ 0 Synchro 10 Report KMK HCM 6th -rvvsc 3 County Road 13 & County Road 54 Existing AM Peak Int Delay, s/veh 38 TRXTRA3 13 Ara1 IOW' _11 Lane Configurations ) 4, r it, Future Vol, vehlh 26 173 10 23 236 34 17 36 9 13 23 43 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop ' ,None. ;= 4 ' ;z ` None ~: `fir ,' -None - Storage Length 410 - 395 440 Grade, % - 0 - - 0 - - 0 - 'Pgaktlour Factoi-'T ;88 ' 88 ;- :88 =88- X88 F 88 88 Heavy. Vehicles, % 10 10 10 10 10 10 10 10 10 lEI�J 11. ! g xz �J©.,,S Conflicting Flow All 307 Stage 2 Critical H wJi Critical Hdwy Stg 1 Critical Hdw-Stg`2< a+� Follow-up Hdwy 2 29 - - 2 29 Pot_Cap=i Mane vex V 121.0 ;;===5Af-1 (7 Stage 1 `sr�r. Platoon blocked, % Mov Cape Maneuver ;4210 _y May Cap -2 Maneuver, - Stage 2 0 208 0 -- „2„;,,I. ��u , �6Gk'IE�Si�Y3�]uuR.",#°'z2Y1�-L,��..K'{.A;d".m HCM LOS 680 613: 0 0 - 88 , =88`- 10 10 6 _-„ 26- 379;;=824; y'936 382 x7 - 326 379 - 336 382 rti613 - 551 601 - 635 656 +i H — - Bt t _f �1NAte, -1Oa aitli1� ti ', � v et ,"e'-'-"'-'-'1, 4 , eRI.l. `= T 9g- 210 T ry Y -131 __ = _ ,' -_ _ = =_ _ -- HCM Lane V/C Ratio 018 0 024 - 0 02 - 0179 HCM,Conti DelaY (s)F 16:2 :- 8 ---!,-,-,h' : ,-.:-,A8:; "� ' . ;13;7,,-2 HCM Lane LOS C A - - A ;::±..:S B HCM 95th`o tale Q(veh) 5;.=,_ ;0-6= 0�1 � . _ = ;"= , 0,1; `_ r` 0"6 _ - Synchro 10 Report KMK HCM 6th TWSC 3 County Road 15 & County Road 54 2022 Background AM Peak Int Delay, s/veh 4 Lane Configurations 1 4' ? '1 Ti. 4 A sm-�s; � Aiv'�.Mi9� '�''t'�ci�-- wr- t��^.q---r�v�^• �-,r ',� ;��Tz ,{�"� i� 'kF�' [�F !sveh � 8 ' z o y� 9 T _ . 5a ��" ° � . . Future Vol, veh/h 28 190 11 25 260 37 19 39 10 14 25 47 P-16, fjiarg Pe s,s, h'r 49:MMR`K O DNO ; Wp OW ..pi �v s �Y +�+�-�Yi YaSt �3 ni.�'��' '!7� ffi�: Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop �p1g-*,^.� s�y� .{y�'r-a-� ,si.°i�- *�a-� '�iu. '�4 :?'y, ��rv�-'^y'�s -,�r� � �' ,� r�RA iS- hnHI17 ,_�-W az'" allorte �a e oe k t'A II &Men!' '' s ,, r Storage Length 410 - 395 440 - - - - - - - - r�.m a� 'f' �- �• �-- �; � �.+r'�"rt Lr f wry �.�+;� "' a��, x "`�`.�.` "'�-, �� tom+` � �:� ..s�.''�' �' n."` %? cz y � - `'�- -� �£ � 'a'-.> .ax „— kvvh>i ittlalkaf e, _- 5R �"'wX 'Z'� n, "i' tQ n`f�'S-."w..'.,3.`c�e�'9:Wilf-T`",e',s.0 tM ., C'" _� Is �.t au''as." Grade, % - 0 - - 0 - 0 - - 0 - '"�,�� T a TMy.' '."t" wits''- �,+-�.. ST,--;-.M1--)X-1 �-�'�"� i a o +Factor � 92 �v I- g2g g g2 -�-� 24.14:79'270:00:274:9W2 , � . :� - -)X-1 �i�N.e?.`.S�v. 'V.Y �'?S�l l�i.�n�� 3c 3�1= � �..w�s1''i .-a.-.I Heavy Vehicles,,s% _ 10 10 10 10 10 10 10 10 10 1f / 10 10 plei�,,ri:.�'"''rxr-r_�,�+�,{ r`�27�Fli�`J �1 er" 2.�,`��" g'" ,.,�C"'V".zy'-:Za b u^'>a' tr 'fir ' cSQrc� r?.e..a`=<1.'�. _§a' E 1x.2r ..44-�idiS 7atU 9.: '$-mo.'s- ` ��., A 'AS 1 � y, t 1 �.{3e MA ril Conflicting Flow All 323 0 0 219 0 0 663 Stage 2 - - - - - - 396 3?7\ _ J / Critical Hdwy Stg 1 - - - - Follow-up Hdwy 2 29 - - 2 29 Pt,ptan Y 1l9$ ri ,3Q Stage 1 tape' 7 Platoon blocked, % u.o . ali t t aaeuver a 93A0 wq3 Mov Cap -2 Maneuver - Stage 2 awrierp- HCM LOS - 72 4'09"3'9 3 59 4 09 3_39 674 - 644 614 - .e •s]. �2a.. are a`z s �..&` �t%YF2 T1 - 300 279 62 56 - 7t 35 8 6 ?718 . �-. " 308 364 - 319 368 •M03`057``�ff 533 589 - 623 648 :�� rte_ .__� ; � _ �,• �+ �E• µ� p'� ,{R � s7T�-r��`' �=�i qtr `� Y.r"-��.�,�,a� 1 F.:� m7 cza HCM Lane V/C Ratio 0197 0 026 - - 0 021 - - 0193 c+_S c}�`r-- r�^Jiw1179'1...^' �. 7 "+ °'*d 'r; to„ g_Aaw, .. �i Y {rya eTaV s --7,4-,- �i_ 1 9 81 4 P <78°' ` -' ' max 4 = v ?F r - r, � K�!'S_ �,3.�. a. l�� _-;..�.� F.�.--�-r.,, ='' ? �f�.R,; �' a �i��">��L..s: ors.; �.�=�� *"h�b`z-a.'-1-1 HCM Lane LOS C A - - A - - B ,fC 5th ife W(YeF► ,,u % f .w . = X41 £ .6. x, - --,�7. , � 1 �>__x'xv, .x .mow-+'3�'�`L 1'r�-�.�Ts,.`,...i;.�a��a�.�r.:-�-�_k4�'�?�3:3=' Synchro 10 Report KMK HCM 6th TWSC 3 County Road 15 & County Road 54 2022 Background PM Peak Int Delay, s/veh Lane Configurations 1 r 1 _ 4 A _ �q �" "��"FF7"� z �' ys �c.'�`i�i � � _ �`.r C� �"� �'�l +mac � x � ^� '1�. ilaf gfler r�ciSa� ' 1 figi h� Z e42WW J 76MiU,y�2'z`nSZWIT�rv'rt'=�t. ejk: Future Vol, veh/h 33 295 14 14 320 15 14 42 28 36 60 46 �" R AIIMNyr�-x -s^ POPMr- .-.4r= PM ^v- M�,, 'r,�'aWIMMEi—.+ Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop ran giKe2'fi ' .0 9= lonea 4 aR� ... - l\la , 74:433----ne_ ' - `^�"'mss a .nssst. �-,.. �.=c �r :..�.x..r`_ *,�. �.f2ti �-flA' e;�st.:+`�,..,. tia:a� Storage Length 410 - 395 440 SVT.O11` a ESIN t r �s o g� ' i = yF• Eri Oro v� .dam- v<;.- Fr' .a -r4 .a -c_ �5+�e�- �i� z Grade, % - 0 - - 0 - - 0 - 0 beak= o r a_ ct SW4Ia 9? ric— Heavy Vehicles, % 10 10 10 10 10 10 10 10 10 10 10 10 794 " 856 Conflicting Flow All 364 0 0 336 0 0 837 78 Stage 2 - - - - - - 444 394 Critical Hdwy St 1 Follow-up Hdwy Stage 1 - - - �� Platoon blocked, % - , ?P-_F�Uve 21 t3g:` Mov Cap -2 Maneuver 2 29 - - 2 29 - Stage 2 321 825 - 439 408 - 62 56 3 59 4 09 3 39 EMIN :A 9 2 70 ` r- 592 - 621 596 - 97,-BMal 206 301 - 231 298 -.:Na.KPWXRWOWg8Xa.:-- 'data 469 584A - 496 565 _ Wirfil- - u C' �.-'S."L�!'r — t_„ gnam-a�: � FETa,.. - - ¢. �°.. , au 3 i�-`,�,.,,K-�F��`��S`�,�+�.� '� C C HCM LOS _ Taff Kt mi=x " AZ V :AF, [ � ka #ri, y"_.1A 3 F-04. ., ' r ".4,"i -s+ f' e - - LL_ a, t `�. �3 L`v a ^ter a 'riY.. I e �.� �a 3,rr`��-` y„ y �,�'�$!�� t�-� _ _ �� 4e; �_ - ate, r �__� I� is = � �=�'= -.-. ��_ HCM Lane V/C Ratio 0 269 0 031 - - 0 013 - - 0 464 rs a Tx ~irk t K t. t HCM Lane LOS _ C A - - A _ - -C afti v`. � s--6a4�v��'a tzLt` a "__ ai..,.` �_ $�.��..'..- u ns o._x Synchro 10 Report KMK HCM 6th TWSC 3 County Road 15 & County Road 54 2022 Total AM Peak Int Delay, s/veh 43 Lane Configurations I 1 i 1 t 4 4 -�w �^ �.^.,�+t�;f� F^'�.i a s-�"a`.i ,�" �' `.-�, 3b m.".,�, w='_'.rr .�-mss �+[ti r row; i i /o vehlh Y E T Q- 00o ft k- 9 r ),: 2� f9 t39 a 1 Q 7 5 53 , t :e` 4 <,., i 1� Future Vol, veh/h 38 190 11 25 260 42 19 39 10 17 25 53 ti rF"� ',ss� �tw v'₹ :.--^.r�fw-a-* - r h ,'�"�: - F:.. : � ��-,i-�. �.�_- �..a S.wF �"�-r�y�� gflic in0 PetiF hfr z 0 �'�O� 0�` 0 tAT �s - ,r7 -T,' -� E ;,g '4-, - R a_ z.., � tom. _ �'a�.3a=�'�...,.�rfi�-`r.�� 6W -W s�,.,..i xs..ir ��r``rri,. Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop +f :i�'°�'fi�- � F+C'4_ yec Y �e....-.r-..^i 7-Z i- V` �.'i`"'.sP.ya�-�Y-a.e—ty� }� R Ddh e F ed ;I N -a R:;Z *ya-r'�9t f - �3�':- ate` , `a^ sI;_ N Storage Length 410 - 395 440 - - - - - rt'�k5fed` IMa ern 0 �;= T A.-4.4-0 "1-19' * a -W� t�tr-, .t..-.:_�- ..2asa9 �.. es ��s�k3sTi}�m�i'•�".d.an �`.��x `^ Grade, _ % _ - 0 - - 0 - - 0 - - 0 Rgal Hnu act xF -f- 1 �r -x W ^ t r -S- - W sr�- r•,��=�g2_ Q2��92�92� ��2 92��92��'�92,�.,��82t, ?;�92:.:�"g ��; ; .,_� � {�K r.� .� _ z..n..�-ce +e _�� -rbe cF.�...�fi �..>_:.,�Y�� >i�t.,. _�K� rt a�3'..s.c:�`• �,a3�ura - S ��c �.��3..'.' d �.-�.re-'2�irt� Heavy Vehicles % 10 10 10 10 10 10 10 10 10 10 10 f 4v irfg "; 2T7 2 27 $,__ aP4b rTA4 V,i'ATWSZYNZ Conflicting Flow All 329 0 0 219 0 0 692 t,t- a ` :1:rz X89 Stage 2 - - - - - 403 Critical Hdwy Stg 1 - - - Follow-up Hdwy 2 29 - - 2 29 t Cap 1 _ . a eve r87:A`-`au� Stage 1 14.1 Platoon blocked, % ilifgCap"`-" ai eU erg5-A Mov Cap -2 Maneuver - Stage 2 - liatiRLT4 —174 672' 207 682 661 306 '-860)33 ,{V' mot' a -x83\ 322 301 fi4t62fi�66f3-�`�` 62 56 - 9 3 59 4 09 3 39 659 - 642 _ 613 - - 72 P- 2$9 41 1 WRaMfWVM: a mss, - 289 347 - 303 352 - za j67 �. i x-;20.:6002-`fi c- ,7--,.,.i,4 ;s+cUe.Yw��.�-. �``5F%��_ i.s.lc:k.�.?Rn�'s3%TiS.uuv.,K .-.�'�a'�I - 523 585 - 598 628 - HCM LOS '-�--^'fit C B ^;re4;;, ` dt Wr k '" m tiN -S; Gfset.°M,'Wk7204 Ei1 ayss'a'N"yf 6. n l Wel —11 —;ZA5A2M:1 Ertl HCM Lane V/C Ratio 0 207 0 035 - - .-.l ^"•2a n +SAS F .'";� is r.- s.r��" xa,.b--,-.-_- r„" :cax3a�— a�-a FCf�AA,Cone. 5. a3s 4. x1: g jti � �-- 7g, r� 14�g x "srg � � ;.t om.l :�-�=��- axr y��.,i i.zxa. � '�Grn.,r .mot..,. 3-� '�' ��.�s�*� �_.�-�'ae��''�k HCM Lane LOS a C A _ai95thffi GI `yam,'J; "'� ma �� y'.�..� 0021 - - 0219 - A - - B Synchro 10 Report KMK HCM 6th TWSC 6 County Road 15 & Site Access 2022 Total AM Peak Int Delay, s/veh 13 Lane Configurations t 41' of Volga% yd186 '1'4.- U.A.ItetsTir 3 3� �"_ Future Vol, vehlh 9 9 104 15 15 86 7^-sd"ri ,s,;r .=T �'"'- x :-vWA mM Z =W vrF i ,tt 4 -?-'4' 0fi—':"W ---`;1'7.'37,'.',;'• Sign Control Stop Stop Free Free Free Free _ 'e° sej {,m' . 3 i" g - _f�S '' r.'='"M`{�`,5 gas X„-..4-'x.,:�=,5=0 �cf T C ..1L, ze .` a e' K� - lon •� offer O �,.,:w. _-�._i s-"�r�:.��-,.�:.:s_ �� shcu .�.,_-:v§?-r.+ �r«�Fr�:i' :`E4'ia.a�s� 3: Storage Length 0 - - - - - ,� �� yv+ yen-e+�', b�`�"�cr 1 b`P'°-�',".°'4 '`'.Y S;'� a tY� a..«,� o,.��t-rA E� h 1LWAI R"cat ag� �" �-�s '�^O, n„� 3 u�: 16-akL r€,c^Y $ gi st ;��-41�ygelH ''-� r1: 5fia{u T cala�� .94.v rSLi 'k �s S� .ir � _ m� � ^'"7", �53Yw%E,..ru"�'Y Grade, % , _ 0 - 0 - - 0 ^"3 l' �G. Caw s'*' FL v..'v '' -'''''''''''4v"-el''' eal�'H _.- .92, w �"s. ti- ,� -&,* ,,,-V,:_4'., _ Heavy Vehicles, % 50 50 25 50 50 25 ,.... �rfs�ysw--,,��a r^-,.by*.=r„��";4.P.,. "'h.:; +{.9i: �' -:rs ,1 1 f e - A t. t "Y' ri.,.�..1scriti�:P .. N>.tirA[ ` u, f} a1 �. �. fin! .a?�` Conflicting Flow All 246 121 0 0 129 0 Stage 2 125 - - - Critical Hdwy Stg 1 5 9 - - - Follow-up Hdwy 3 95 3 75 - - 2 65 Stage 1 798 - - Platoon blocked, % Mov Cap -2 Maneuver 640 Mae " YIN Stage 2 795 L, _ APB -__ _ HCM LOS B `G„ b "}%3rf++v=�-r1'.n �T'¢ vit 1 artix`.aC5 " «•'yam sty Kams-W-s Yv 7 EitirelaWr _ '-Sr 7S oa- HCM Lane V/C Ratio i - - 0 027 0 013 ,c'�.4 ��./W 1Nt�Gon= �Ia s rs�,. ,.� Y zn ��+�s� �; w� _,. �?-f _s ��am �s=�.l-rt?_�? sir�.�e�4-.-aw��a.,�s fit, a��.�-�A HCM Lane LOS - - B A A �,�-�r-r•: a�� ,��ar ,-a7ai rn� � y. i°; `3i� ]r.'�r`"� � r ""'fir '�= �'i€�k`�`�_ c'�" "''�° Synchro 10 Report KMK HCM 6th TWSC 3 County Road 15 & County Road 54 2022 Total PM Peak •fir ; C') c ' q •., ,��n +y r, c ^^e _ la'; 1 s7kr,.• '_,a.. y.*rs c •�w �. e - K: ;• 1 "'L- e P S 1 F t C S fid5 s ?W N' { '�.: , (, ri y ,q,•v . Y 'tr a i3 It r�{ it 0 1es 2.;Ar .d.�'1X.:3:��.._.1�:�:3r`�'i. §,..rv1 "Sa�ui'��ir. d' va'•as:,;sv��SS�'sa[;'l''uia''':.w:�3'i'�'�x�s�`s`�z':^r=e�F+°�'` �y� YF �.�.�n[3�;;:..r Int Delay, s/veh 67 Lane Configurations 14x20" 8₹1�a $�4ia+ 60 ='- tom: +�"'-_��..,,�r'a_a�.tt"1.'S:,.Y�'sv w._ :�``s.�...i.�.=a:, a,.;'. Future Vol, veh/h 39 295 14 14 320 18 14 42 28 41 60 56 CO11fllt q[1 a.... iFlfl a -,, k. ` €: —e- =a r rF �, ;4 -- w �ti g' - e,.___ 9:'�.n �� '+..�. i...�r c-=r� �� s'•�i.3..:v� �.S'�0„�E-'y�V��D..s.c,��v.r-r��a+�`��,_4.+s. ,r'',1,1-7---,--,-2_•-• Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop =.w A —:x -s ;,ic .s:C .Yn - +3•.*t^*' to .,5Ep h• - 1S`�.ra Y -'s.- »er R C, an eliz _, 3 L to s5 o a 49_ �r'LI ` r4;44• -his` '"%Z'lVo f '',t ' i-q yz ] �T 0 � 1� `.= y�� . .---.12'No w ode, � a � AVP7,2urk .. 1:� Storage Length 410 - 395 440 - Ug`h' n ledtan E. 9 #` b` Q Grade, % - 0 - - -S-ru a� c �;,� a `"dam �' ;��,-nt-4"`"' �T" ts:,<�r"' '�.K fi ,>« :,.---�•.,� Eel o�]r c or � �� RS_P�r, J2kr 92 ffJ'2Y 92:' q _ : ? " g2 a 2 sa :.�r...0 �..ecrx.:_a.ta-. Sc..e.-...�.-�_ ;�� >r .fd'- � ter. �� L_ �� Heavy Vehicles, % 10 10 10 10 10 10 10 10 10 -(Vlvmt'FIoW � =Z 2 X10z11—C+T MIC2— IGN' ma,v9eW03,:451 05 Stage 2 - - - Critical Hdwy Stg 1 Follow-up Hdwy 2 29 - - 2 29 ITOMESIMM-113-8aMear01 1107 Stage 1 _ Platoon blocked, % o3Cap--�- one ver�,7��, •�� Mov Cap -2 Maneuver Stage 2 Conflicting Flow All 368 0 0 336 0 0 856 8g3' 321 80$ 839 f �q^N��T,�'�..��,X`- k ��,�_,gsr�fz� t� �;�`�,�°�,�. fR V i.»': i`0 vS -Ki �3'arxti .54 pi -f1-4— _ - 0 - - 0 - Cd� a .daC+✓� �.s^^aw.:k�i_ Ste.. �# 6 -.� 10 10 :nu 358 88 &1W! 1 - 451 420 - -ct.r.'.�v...:A's`t� A' ."s'� 62 56 - - �„9 9 359 409 339 '4vi.�.. Y.'�J�..awlar�'3SS�z�f..�.w.:f(•nYaliS.Lc�'≥ - 60� _ 585 - 620 595 tr - 195 293 - 224 291 - - 457 581 - 485 555 - M O re{--�� k- ..� - � � _.'1lv' ].i•=c��-�-• ».. 3 —_- ,-.4A.,w.daa44s-._rs s sP .,.. rTY,T 4i�3or T -'`.---YVA'>'iT�._�Ei..r ir'4 k+ �rn—laaa{J`��1Yi'"}i'ir HCM LOS HCM Lane V/C Ratio 0 278 0 037 - 0 013 - - 0 514 C �o tr ti.,..a , s '.D;1� 8;3 ..M- { -- 2fKBA k,. 't�-4 k ,�ntaa�.�� '.�' -.ter_.. Z.:3. t� _.-�� •�� r.,,�a..�._ ,.�r-•�"A:`:��ac�,c�„�"�£�<d,-s.,t-r-h,.. HCM Lane LOS C A - - A - - _D s- �K o-xr t � box � "t= �r � 7 r.' ti.`.._ '`t-�-� ",�'s'�' ;FAA VP -M§.17-.0101- Jeri ,, n 4 0;1. t =7�?°,v c g ;� - E -�`-e—A: �ro Synchro 10 Report KMK HCM 6th TWSC 6 County Road 15 & Site Access 2022 Total PM Peak 3 - 33^r r..r 1; nS.. @ 4f'r. Y z.. `,=rat .�+ X ti.' t.�;µ,;�r } y. �sx s �` w xn k ;�`4 1 Y' ry ' f?f 4, y. x. f'' --ff �+.��-� �' '.��.:..�r3 `�::r"'��wk.,. ,��b '�.f.y�;t,. +��a��S;i a+4�"��Mx��y'''''. Int Delay, s/veh 4 Lane Configurations V JL 4 R��"f"₹5.'w'p M�- f eL 1'L7 "?7"i Gi `'[.i? b 3y._a.'}vS''4 F'T•�GiS��v FM �4 'E�� r�ss sr a�G.. 4 �-,v�,:`%� }a a � fe � �.tr�rrs ,'. ,,nr'�1� `��-'�,"�k��.$�_�.t.�ks`��"— Future Vol, veh/h 15 15 90 9 9 142 Gor1 n P� s, €hr � 0 �� NY- . ti0�.�A .- =� 5 �, �, Sign Control _ Stop Stop Free _Free Free Free a�1eI I1G =: �I� �l� tom° wF' 4u-,, s 3� � = a� 4w c 3' ', ,. ,r u, i P,r. 134 -,•r_ r..ts..-I�ID . t �1 ITti�+P'. �-itr.'.'-t;'"a r;.wri Y'� s'ti'. 8t+' �i a� �«b 1' �" ;� Storage Length 0 - - - - NEW�cs-- � m�'�z "`� "fin. �``;,�- 4a�="�"�-G 't * a -F Grade, % 0 - 0 - - 0 tw 'Amy' +h �--_-r - s ^'2i ss Y ,..- .' "q sG fr�r Y` �'"s Tom. �". M� �" �Si=`� �� o� ter'- S,s �^,-� ''eav Vehicl c —50-- X92 92 X92 t- ,�; -,,. 7 f� �,�,�ti,tis..�,..�rs.� �. �'� „.z z sue,-s..__�..�,��,.r�� Heavy Vehicles, % _ 50 50 25 50 5j 0 25 _ ` n�Z EAW s r 6x'ryr 9 10 _ ' 1 o t.gr v,a. 'y s� IORN— �"__e 6;��x wt,�"rar.��.�i'^- �"zl,..�n.>� .,k_ � _ .;- Emir`s>S''x ��Kr�,i,�'��.F�S�+��,��'.,e..h�`k��.z$s' Conflicting Flow All 277 103 0 0 108 0 PITZTa Stage _�/2,,t _,x. 174 - - - - - Critical Hdwy Stg 1 5 9 - - - - Follow-up Hd 3 95 3 75 - - 2 65 Rat ap�a et veW4g22 183 Stage 1 814 raWaltTrailgartiaTO— Platoon blocked, % 6v Ca -`�aMe a6 61 9367 ' 1`' Mov Cap -2 Maneuver 616 IFICC Stage 2 753 Nit ` _=ra.WS��,� �Yd .q 2wYa.* al &'Y..°s'�r`vl f, 'may $'•-c�`_<'ep�,," ^^5' f .SC FZ��_ `�4 "�+ri i,i:SA.`b A Ee� W"agis 5,"044.,5,"044.,- 'YM•7�4Jt�,t� r -��-�—�-1SI-.a.��-:, �;��-�.� .�.-a�� _ .r_�.' .-�5-r_�"-'r��=' �- HCM LOS B [iFiirlc� i' Si M��` acjE. J�� cYeeireiMa3d.meG�uFl - :L3��ciia�c� .o.wuZfwin `u�wcl:a �—ci — _ _aiGli�Gra e�enes a9c-erg x HCM Lane V/C Ratio - - 0 046 0 008 - OkkaKsv..;s.vv' "�c.iF�tSL..+.tn MW:Uk ri,�...1. `Y'i HCM Lane LOS -B A A '� � -'s ,r_ t n^�'�, Jai �"°'` �!{. tr FAa.yv^< .'.."n�^��_Lu1✓�'-r IG iI'95fha%111e tl��leniWW 011 O7 .'i„-�.-..,4.... <f. `1' a. { &.^aGxrs', s C 1ii''`w�.�Y 7,7 y Synchro 10 Report KMK HCM 6th TWSC 3 County Road 15 & County Road 54 2040 Background AM Peak Int Delay, s/veh 138 Lane Configurations I + I ' _ _ 4 ra 3V � O z - 2-20 5f ' 4 `65 ' fgr70 Q t25 4511 Future Vol, veh/h 50 325 20 45 440 65 35 70 20 25 45 80 .s;+, vne +i' .�s�^� K � r MICr .T�3 -� i:P,--' �1•RW -srg W-'^4'- Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop 'C�'ck ;<,x"" � � .+war �Y s>cfi.�.e �„ofR �.r'. �a�•'�""izT�"�`.^d one s:. , = ANone .90t✓ Zgri. , .,..1az#. -•. ,r'e� ,..� P.S. ,2�t Storage Length 410 - 395 440 - 0 - - - - - - "'wa- +�c�,1^ � s.�. moo" '�.�, r Ue n Med�ari S o a e �G- '-�'- 4,— sfM a'i) �, ira. 'tf 4=x-1 ��_.v'-'�s�+r•s��s � ��.��'t» ��.�'R.`��::��a �2�-�.... ��e.�s.1�*-�i.� Grade, % - 0 - - 0 _ - - 0 - - 0 - pe 9- ice . o ;�- 9 2 2 � 392 yiak aw%-zi 92 t l Heavy Vehicles, % 10 10 10 10 10 10 10 10 10 ,,40 10 10 9. Fto 'e , r6 3322 M78 71 76` _ - " W, M --; Conflicting Flow All 549 0 0 375 Stage 2 0 1141 4 4 8' 353 1097 105 . y478 Vag: _680 s - 521 483 - Cntical Hdwy Stg 1 2,, 5 6 6 2 5 6 - r=�q ps xm sT' � 6*_ Follow up Hdwy 2 29 - 2 29 - 3 594 0939 3 59 4 _ 09 3 39 it itie7 J82r�^ = -3 7$7 .` -��2 7 5 L�-a � - Z��ti�.�'�� n'..d.<. .�.ef�--i �..r-feS'mo.� xE. MARIMNIZA-Stage 1 - - - - 6 552 - 489 490 - Platoon blocked, % - - f o�ii`Ca1? 1 :21 ;�9 2 Mov Cap -2 Maneuver _ ��-�c.-%_SI��Ctj�•i�a"�.,a�`a.4�-ate' .� Stage 2 z 109 184 - 112 196 - r',t Lara-18 g2 i , yy err "F4 -d Fa ?ds �sr.u��.��t» ��:Y��'.'^�a.T 311 434 - 409 510 G HCM LOS F E _y Y.c' `s4 sa:'9',g"S'-.�-a�d" g ��'^�rl'�,�y.. � "s s 3 �"' '^3=' '''C5, E,. '-' i5a� -cam xY �-� E-Ee"�.71.5� 7I '�'^ I-77ZMIb�.�� ., :3r-�i ^� � eta ._s �� _• , -.,•E � 1.hm=Y`r'r1: tiittelitili.C-. 1.:' CL. s "ir.:=�. nLia w .r :sr PTI:.. i n yy` 1 k�- - -�, 3 �n l�'t``i-��t�;r '.- r�.'x, '.;1K -.r�., -y 'v �_j '_'� �, r,L5'z- r_--- _alHCM Lane V/C Ratio 0 795 0 055 Ff7G f`Ci, trd elaY { r < -fig`-g ' 13 - g r. .4f:.A � - : HCM Lane LOS F A - - A - - E Fig. -n,,. k, - d"'T t vs x.. i. r ^s, I.W'W 3'. -.IT-- .- -s^,s ----- 'rte v •4^a ^ g � _�t� �� .G-��k �-= arm —_ s s s�ii`k 1.. �.� "-___,..:_=:41"<_&-::•* a.,az'rR:^'�w-c1r� a:s. Xc zip- - - 0043 - - 0644 Synchro 10 Report KMK HCM 6th TWSC 3 County Road 15 & County Road 54 2040 Background PM Peak Int Delay, s/veh 135 5 „cot y .may Lane Configurations I + 1 + 4 4 lf_ bra F of , � T 500�ei ga ` v� :S3V- � 6 TA,, 4 1.� 1 .rte-.�'� a,rw "'��= .F � R. -s Future Vol, veh/h 55 500 25 25 545 25 25 70 50 60 100 80 r� � � ter-: an '�.,� � rr ,�„_'s�'�"'t'+� �a rcla� �� -'p �'°�'u- i '�p"1 `a3, z i � �� .` "'�"p, s Eon a'Irr ds-#1 r-'- -'-0 '0 ; gfr > � , -agiaA� p } _.�- ,� =7y�. ..��.c- � �Y+ �.i,a � Asa � �.ew� �.:e :r,_c..,�_..c.4�_-� a'*L�ts�, z�a�,=^c�a Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop Caned fi T ' I ire Storage Length 410 - 395 440 0 Grade, % - 0 - - 0 Flee fiur ent- Cf of r 2 .- C„ 't g2 FO2 EIV7SMER Heavy Vehicles, % 10 10 10 10 10 10 10 10 10 w 0 10 10 NI -L QK l amt 70 ` 2 , 6 x54 - 3' . Yom- ,8l8,7.�Eett` - Conflicting Flow All 619 0 0 570 'arIt2eCMx ^tip-_crP2' Stage 2 - - - Cntical Hdwy Stg 1 - - - Follow-up Hdwy 2 29 - - 2 29 Stage 1 Platoon blocked, % Mo t P a al . Mov Cap -2 Maneuver Stage 2 - HCM LOS F F - 0 0 0 1421 1336 543 1388 133 592 M - 758 `6 - 742 690 --"M 4-fettiff6igior _ 56 \"� 62 56 - 9 3 59 4 09 3 39 —AVNION524x`. 447 - 447 455 28 135 - '- 53 135 - - -234 430 - 271 406 HCM Lane V/C Ratio 1_642 0 065 - - 0 028 - - 2 211 ti +'�'..' ,..� arr�v '+C��`i�r["�'-- y.. -t i}�— ,� `y"xi�fi"��'' j��C Con �elFty S $ 2 e �"g lgragq.s4. �� HCM Lane LOS F A - - A - F 31.;71 -11.27:7,224i -q.-74,--1744 _ Ier Synchro 10 Report KMK HCM 6th TWSC 3 County Road 15 & County Road 54 2040 Total AM Peak Int Delay, s/veh 154 Lane Configurations 4 + 1 + A A PalffiRI9 veh Y t']� '�� 2kf� ;g2 -' mT4b��,,�. �*fa r "� 0`-2 = 7 7,4 - r#,= ; ..,... s.:S 31,. .. . .w.,' it t '',C ea _ +„ 'n �. -&-44,-",'W ire,_. fi.�et �' . rte .. ...c�w�.:--.'"-• Future Vol, veh/h 57 325 20 45 440 69 35 70 20 27 45 83 r_ f -6^ ,. .rz7o'Z- �•_ x r=r 'c� rr' rte' ` S� t -e..rr^-; .-a' - v -ti .r A`1 " .-`c1 r c -,mac- a 4. '-' a - ,Ii.4 ----i 4 , ,-.,arz �T�g --2-. `-' � s"",S C�ntltc�,�9t�eds=#�hrF= �'0-�.-��w�` �.� .---%-&-.T., „ � 04�j 0� �h3r�Q �0 �� 0`�� t �. w _ _ �� -�. uu...�s� ....s�,w.!w s�,=_. aw. ...�`� �s i.w �.m��.iE�'+�-� ate... a .a+"ds +�33 �. �+ � z ecz c-.��.�t Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop 3?i�"- i fr„�- +A'-" '[-;",,-a--.....s.. , 'gTrw'^ ,m,-�`,,, a"" `...r.,cY'4.'zv-y .:. a,,7 R1 -SAT n i S ones 4 4 10 e ,`=� s 11\10, ke a. , 1L�. � ��°`.x. ^.�-��:%!'n _ nzs'i��v�txa'Y1� 7_..�. �,etit.:.— �.p.^�. �`r�`k� ..?N.'�.-r..,r,. a=�.��,t,��_�t r Storage Length 410 _ 395 440 - 0 - - - �"+ �s-r�y ""r z} '[ r ^1,t r .� -� a'p" v' r,'- ... aw4� .,--rx-; .. w%"tr sr ,- E r^ r -,, a.E- Vih^� Mg n S "" ' - . Grade, % - 0 - - 0 - - 0 - - 0 - I�� a re....rFac ` �92 92 92 92 92; 9 ... ; 92, ¢92 A_y9-.�v.e.YY fi92 -:s.= I'; cr.� �'� Heavy Vehicles % 10 10 10 10 10 10 10 10 10 10 10 10 0T 4w 2"-3 -5- 2 `�__9l % 8 ` 5 -T g8 77- 22 29 9 0 3 Conflicting Flow All 553 0 0 375 0 0 1160 J 428 gagraiMM]u:4�"��W:9'.:.^.,G. eli:vi,.E1z-. AMMI:, Stage 2 - - - - - - 683 _ _ 11461, Critical Hdwy Stg 1 5 6 a .r, itiJBIIraaMVPA;Sj-VaW,WrO -: -Me Follow-up Hdwy 2 29 - - 2 29 - Nita _ aWier- 978 716;19A -T--- Mire- Stage 1 - - - Platoon blocked, % - - IilbvKCapil a�i 978; 11 Mov Cap -2 Maneuver - Stage 2 353 1113 1075478 im 537 499 - 62 56 - 9 3 59 4 09 3 39 543 - 489 490 - -673-mp7_ s0 571' 104 177 - 107 190 - �` ...� i ems'.-sV i .r,...".it"s�. i'�"sx'2.�'` 307 433 - 396 498 - _ 3dblEE��.. R� t�u3_ wi�3c�nn A_R.+L S -r lFa. ciPTrig G3 wLE-r- ro _ �i i₹w�i�w�i FE wie�b� w OPOdhatio HCM LOS . yam^ r' 5 F �y�yGA''.,�^�-'�—',�� gei} L_ - , .o -s `- n"-'-4FErTi -ate --m2'rn. SH_CM Lane V(CCb�Ratio _ 0 828 0 063 _ - - 0 ?043 - - 0 69 ne�i' ��6[�tf F{.��QJ�1`S} k / Z �`7 v�"r"9 't--4 . - bf,3� �='`�v'k-na_''t` ,. 47iz . t '^"7'y "; l'a `-k-} .i.:t`-a"_"- W z'_h., tC- __,ri` .a,'5�:` ...-i.� CYza, 4,,....'#x,," -,,.c,,.,.: HCM Lane LOS F A - - A - - E y„r- w' '^s v - t 'r"4. F >T' -;H K y-.wr-.r w.�.l.w,• t uu�M t /t e v h � r"15 6# ` 0.2 01,,v ti,.Z� 2, k5- ej 4r; V -7.3S _ , G' _ L� _ i`r a a t _ F_- ...--c S- Z'o',i tom, 3x a `* t f'sr'^wr :e,*at. r_ r,-, ' Synchro 10 Report KMK Int Delay, s/veh 0 6 HCM 6th TWSC 6 County Road 15 & Site Access 2040 Total AM Peak Lane Configurations y Tk 4_ _ �' k.-., is --u•4 h;,,.. fir' .f3 ' �x"5 - '� yw� T es'f,,,,� *Cz .", .- + ,�.F ?WSW '= +� 76.1 f ra io�Ql' ie ., , 15 6-'�� t�i5p t i��1. 1 0 .sY � h,, ' �� 5- s�•� �_ y � ≥,'�. .d�.�ii.�y`-�i : r y;,�_ wo � l� W 3 k."K so ^,L,-,. , C,"' } r.x.-1-wYa?,v.«`frE . -,,, 4 7 �,x e-u,�-?-.4_!.≥' A Future Vol, veh/h 5 6 185 11 11 150 M1 ,�} Y^'TI vi �Y � '� .1`5 r.5,'+:{w i-F�is S= -T i� '.+i' �;•;.; Y"'yk z=,,y,�o ��x�`' tc'2 1^'� a, s°i, a45� :'E^ ,w 4 Wns r`: -� -t `�3j-�� of ldI EUS`_,,��/-'t.!,da ..EM i4Sar� t � `i �r w�,a0aO i i,�ti`'^3'sca". tee AW-V g -; 6 '_ Sign Control Stop Stop Free Free Free Free T N.: . ii ig , .1\ mr:*r .,sue �. �4 - 'a -,e r , ti„^ har ne�"liz d Npne� one _.10 �1;='l �� . 0.7-1,:.,--:5,1f--e4�..3eI' L.fin`�VJ�Y.. -'}"� i'�}yVQZ�ik w �2�c r✓' = �'uSY� rSf�'�'i.�� :�a SS�'�..�i�'J� J Storage Length 0 - - - - - F" ini � A }g 1(1 '4"rn^....� 0 4 , - a ri,, ry� zr, }r te s. -e. � �. 3-x-4 -r e,,, - 'e4w i hw.,n M� a tox e, .fir <' 0 t ' >"t a r. c; 3* ,fi-w . -' 6tixZ iS Grade, % 0 - 0 - - 0 (,eaour F: acto-_,:r-:,-,--- 2 t 4'92 . 92 --2�� 9 9L..4 �vA-e„---0------ - ,- - �+�e2 �+ .e - . w ,c L -_e.S'"_''4 C ` 7�"wr . M' t r-:,..., ' t:'ir'3'� Heavy Vehicles, % 50 50 25 50 50 25 M a W:5 47-0 '- ;a 711? 3. Conflicting Flow All 394 20077 0 0 213 0 _ Stage 2 _ 187 - - - - - _ Cnhcal Hdwy Stg 1 5 9 - - - - Follow-up Hdwy 3 95 3 75 - - 2 65 Difs TMs ,x+acr�- Gap�a�uvet .M 2:G ,W Stage 1 726 - Platoon blocked, % _ EvglittLarigVMov Cap _ -2 Maneuver 522 Stage 2 742 ETA,,`,r3� _� Effa 14T 3 a ail �? ��n"c��x""f-9ct,E ,52xg�s a "''; ;bury` " ,.tr%'. +✓'�`-t.�s _ �u s.<fi �`r'�°c� �-��kz�i�> ��s,"s��x�� ..�,`�- �=�r�`�,aa�_`��t-32�C.i�? a i35 i-au ....- --- - '-� 4:. arm_ _ - Fps o®"-"� '' HCM LOS B FRa .� any r's�'.rcri��r',.w'Sr;' c HCM Lane V/C Ratio - - 0 019 0 011 - r CIUf GonttoDeJays�� r��g'3krz-`'3 s H,? �.axmr-.,.1'-�.�'e'"Y'„�.' n •�.z .an_yw"b.',..•�.�,..�__ � .is'Y- .� ii^n �.5'ay as.t;m..,S�+�i� �:...��`['b-Y. �T..`= _4;'?-• . HCM Lane LOS - - B A A KONI<9btfi fofr` e'Q veh Cam - 3. '� ;w l��z a-nn�� Lxd?� _�$4 r � - .'��.j�`. Synchro 10 Report KMK HCM 6th TWSC 3 County Road 15 & County Road 54 2040 Total PM Peak Int Delay, s/veh 1541 Lane Configurations ESv / ' 5 ORS 25 5"'45 ''cF 2r '"�; 5 q4, 41-1 0 } � n -S,:- S Future Vol, veh/h 59 500 25 25 545 27 25 70 50 64 100 87 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop '`Cik ireVi> , - ON .P— .� 1t4orle 3 1., one`'` ,'[` f, : IIP e� as Feta �t a , Storage Length 410 - 395 440 - 0 - - - - 0 0 ^.^n r.-+[�[ „6Y --`; `s"'" �%=- � � 3 lr .. r � 3 `r r y.r�"`"'s."=+"-�-"`""�=� Peak I ou Fao o u 92 at n92 '` 92 ..9 '• ;924r z. 2 { 9 r oV » J2- - kal T7. -.-47A Heavy Vehicles, % 10 10 10 10 10 10 10 t 10 10 Q 10 10 Grade, % 0 - - 0 gt Sa 2 .f"° '�s"'�- �-1.�1s u�.�--� ; FIA..�T 64 4 272.92tw'fl6 Conflicting Flow All 621 Stage 2 Critical Hdwy Stg 1 Cnfi a tia Mtj/ gSa�w - - '.s4rN .Sr gLu..A.[?�.PZ Follow-up Hdwy 2 29 � r R`YF.'��F'�-ate' 3 �a'�� "�-'�'s Po -Mli leu'vQtMMM, 922 _ rse 96 Stage 1 0 570 0 0 1434 - 763 - - 2 29 Platoon blocked, % flo1',I a bue r; 922 -,�9 Mov Cap -2 Maneuver Stage 2 `+ -`,.y. G tp411 HCM LOS 6° 543 1396 134`4'592 _ 750 698 - 56 62 56 - 4 09 9 3 59_ �� 4 09 3 39 __ ,�[. ni .ark F+c SP'�„ - 03, 443 - 447 455 'c,',".cr-'"-'.+c"�'�i"�'kTf w`� 8 _ Kagge391^` 430 mNNR ; a F 3 - - 25 132 - - 52 132 228 429 - 266 400 - _ ,k — _�; _yy yam. r'i a.YFz,R Ft r lds4-�i�s�C $" `"e'.� fist.�'s.4r3' nK...ik?'� .rwrr_ rr�a.d�5£•i �C —_- _ 3,Y.M _— ^•mv�'iii iva�2ui[iRrr-ra ..—nur�3a� r"aa5m:I2 F F .—�a -ck-�r�;g� --'c. a. �.�`.'°$ �-r--�.�. "' `.23:- �- 2 3---•- S as "� .'t.,.s �"rr , "`��-3'a,�f''-'F�.%�`..N3...-.... >�� 1.x�'.'�»'E' �. a 4'• ��T�-� � "„�q,�,-� 1 HCM Lane V/C Ratio 1 771 0 07 iC N eR3l D,p Ames w4�s$ 9_'? t rti- - 0 028 - - 2-352 `c.�3 ��.-c -'S x'13 � - "zi-- .Aa. � r•.: v.; wr�i�'�w�,�` Z- � `s-:� HCM Lane LOS F A - - A /yY ..4T 4't[' LIF _1: elLinVeVrof-Ordtg-tekeyrr- -5, ,--3= asap 0bsw s xiutatie- ot-fm- € ittajorI rtW ton Synchro 10 Report KMK HCM 6th T VSC 6 County Road 15 & Site Access 2040 Total PM Peak Int Delay, s/veh Lane Configurations 3:15tRAWOW4 X:' Future Vol veh/h 11 11 150 6 5 240 MMTqtr W s sr-ar r,ec- ;t-- �� G ety-a vc,. r, -w* 2fi eAr` Sign Control Stop Stop Free Free Free Free ,i1+'9' t Y ` .^i�'�4' y' �e _.--e 4 - i Ti --'3..,".' ,x.41 T flan hied r t r N � -,, No e' - bar- -. ; >— ' -s ,,.-14- � � x.��`.. s^' ��.:l��v ,r. �...�. ��_�.�. �'� �._ 4 :�-��s tF.�''°' to �-�r� ��"�a_..�-„�i��, Storage Length 0 - - - - - .n�+.. P ,l"+ ice? `c*r,-v y,- e 7s a MV x •r Grade, % 0 - 0 07 - ,.;-ter "" S rte"'' Oda eA- - 0 ,;-,�.��'`��ya'�"` _ w 1,, �"-"v:- = .lfolr, ctiWIV92 92 92 81: 92 LP' Y r E' y rim Lava '�'� .+._': iY ti'i9`�+�''.ii ^I� Heavy Vehicles, % 50 50 25 50 50 25 �� ti Conflicting nFlow All _ 438 167 0 0 170 gEntit�'!l�7p�r�,;� }�' sue '" rs .- , _ ,�41V-P_ +�. f.31VG Yi t>�R t^ �6 � s.c.Y.'1'Z �Yi4C+v�7a '5`� Stage 2 271 - - - ,.- - g*:, ter _-_ Cnhcal Hdwy Stg 1 5 9 - - - - Follow-up Hdwy 3 95 3 75 - - 2 65 Stage 1 759 - - _ Platoon blocked, % g gialmj f er tl49`4 7E Mov Cap -2 Maneuver 494 ifiNIDIERM Stage 2 676 1 HCMLOS B 4WD . 0 E; I • rye ".,.�� a�"� °j .:_K;ei�tF:Jt;�C. Cr-.W-.i'�sb? "s1-_ � �al �sr � a�.. _..� S�n� �I �,r�e.9.. �11eiI�K'a �elo�si c i ....3:'-" sae{ ��j a.n a war. a -- -rit "I — -- . �' Ia6 't�s.l.�s.IDVAR it '' irFiA�-t "u a� a�6 sii. n e �34;" ,_ € Q M=�i a 3�SF�«"al: "`�'-' ?' �.E_ HCM Lane V/C Ratio - - 0 04 0 005 - �►c2�tl�oeis �� 2s to�� h«tea rya HCM Lane LOS - -B A A Synchro 10 Report KMK Timings 3 County Road 15 & County Road 54 2040 Total - Mitigated AM Peak k 1 l Lane Configurations �+ 5.-- �;f. a "�`4 ;� ^�"�-c.��s_-��-.- 7� `'� s^,.... �.y.,,:..��-�:-�cx+rsi� Pa i t e vi r�` 27 25 `c5Ri 440 69 x`65_ r�70 ¢ D�17 Future Volume (vph) 57 325 20 45 440 69 35 70 27 45 relirWFM,ST%J+`s �s'a�"- iR� i✓'-Y. .-r''J�- rF ,� �.c'.`j,�c¢. j�le W^tr'^ s^ �26 _kt3` ag--�-Yzi'."-` Protected Phases 7` 4 3 8 5 2 1 6 �z �3�f"i"*5 "�t�'Y'<�. ¢-s„�, +, e;..-'- "�7• +�� s�N^'` n�^rrx � T3� rr e ni e% f Ailfz .:gc,W `�4. .�.. �4'ItE.a "}c %�1..ri P' g- 8A�^ v`..:3c '`�` » i R63- *.... kit [ u, Detector Phase 7 4 4 3 8 8 5 2 1 6 -,.u�=� �� . 7= ��..�, �. � � mot • ��.3 t � �. �. � 114 U�.,,y SWIfCh h2Se �' r�=,L'�S..�,�ci`N �� rr�?�T-_�'�`.+`t s h c� J -"�`� � _ ; �."S��' �x _..,�,�' t�Z>"� " Minimum Initial (s) 50 50 50 50 50 50 50 50 50 50 'N,Im nTri S ita s '�'. r a py(� . 2 ZERO = () 0"� �%3�p_.,� .23 (J ' , -�. rt I 0 � ' ,�Q' 2 0--4:4-li b�'-..--a:..m��.^c�r2r�_3'f.��=k,"�S:n�".,_wita��s.-�.�».s'.a��7 .',_c�S��e��S.+a`e�+'bf :.r,�.`v�.�� ,�sY� ;w�`��2A.:"n %�.'r's-r_+.�...+>>'' Total Split (s) 12 0 46 0 46 0 120 460 46 0 120 200 12 0 20 0 To�a�:,S`A o s ;,. n 4 -S 511 P%MAI/4 1 _E3� E:E,5 IWCP`/F AVIO M ratai ..ten-- 71,44 Yellow Time (s) 35 35 35 35 35 35 r6ESWErl)ZeWg-gAtWa- L6W-Arl 6W -7417T- -4T _3 5 Lost Time Adjust (s) 00 00 00 00 00 00 „fl0�, 00 00 00 Rage -e3VEWM:9":.-7§MeNOMEER—MW gLead hag Lead Lag 35 35 35 7 '+Rs"w-"' T Lead/Lag Lead Lag Lag Lead Lag Leap ` d" a p iiizeniV E -' e' I-- - e s IP Recall Mode None C _ -Max C -Max None C -Max pct; firege,.> ; M at*B 3 5. 9 Actuated g/C Ratio 067 0 62 062 0 66 0 60 Control Delay 69 127 00 67 Total Delay 6 9 12 7 l} Approach Delay 11 3 AvAla None None None 017 _ 013 016 011 73,27- 0, 5 "4 04 `'279 352 267 249 \ 6�7 04 279 352 267 249 M 3' ^ �A�x�..b`.F 5"'d�`�'� �.:� � '".Y}�.�tc�-yam- �'sc^ %y �-�` ` � 33 2 252 ti aft WhIA�--�` -�- ._- �_"".ts,.— _ Actuated Cycle Length 90 Natural Cycle 70 (ot0TypeAtA e gig It et.; Maximum v/c Ratio 0 57 �`-i,- ,i��s; -� �c�' c^-�-y{�sN„-..ry y^f� � � +r'�rd �'zr�- L '�' •'�Rh�"��s'�'�� IR I0n Sl9Dal �2f?J5� a � fir ` z�� .;latT P-ao�LOS Intersection Capacity Utilization 55 2% ICU Level of Service B Fair ��"F�:-Cc",� "'"%',,• "F_f".��F `� SIS�efi'`r e- .elv1,�` Splits and Phases 3 County Road 15 & County Road 54 '4)01402 ir.03 4.r ?704 R uAhgw+y4.� �' .tugL ',q^*,�"i A ..It l 05 *x"'06 / 07 @ V 08 Rq ` .9_ Synchro 10 Report KMK Timings 3 County Road 15 & County Road 54 2040 Total - Mitigated PM Peak t Lane Configurations Tt' t rl. A c��—S fi..a W 1-.RRIMWAMW2 Future Volume (vph) 59 500 25 25 545 27 25 70 64 100 _ Protected Phases 7 4 3 8 5 2 1 6 PP�Q�`'�7�jj��[[[,QI/I 'a a+xy ti v� r>.. �"� ��,,. ."-�'.3�=s+pO" � i#�^�`.S�'�;of r,.y� f �'� �y�� xr E23FsSA:'lesia S �7t Lt�` r�J.C.ricZ" . r-6' _E.Gd 1i �h '.. L '.aw" ..al.-Yx F• 5'rwf' giA S 'R A __ 1S.'c.A. Detector Phase 7 4 4 3 8 8 5 2 1 6 Minimum lmtlal (s) 50 50 50 50 50 50 50 50 50 50 2305- 100 3 2O = O: L3; _ QO `W3U Total Split (s) 120 46 0 460 120 46 0 46 0 120 200 120 200 Tot 1.� I VB M ' ' _° "� I � � 3 d%o a5_ ° ` 5 T'% ° 'r `-- W o Y'Y *; I....,, $ P��,z°��.u,�� .,.��.�� S��L�N-.... �.,�..s�°,�,.�`�:..'��r'12�290�� o/ ��2 0,.�,�X.��.-�'_Y' Yellow Time (s) 35 35 35 35 35 35 35 35 35 35 ei�x[irtRe s ' __a `"_ ' �`t�;5�ty 5^ M at ". "....-.,via ,r- '•� r.3� G, s .ti-.", n_..�'.. �vya. '>= jl Lost Time Adjust (s) 00 00 00 00 00 00 ra %Latx ests 0.0 Lead/Lag Lead Lag Lag Lead Lag L'eadffiff i e y ��` s: s ; sT ), i xees Recall Mode None C -Max C -Max None C -M Actuated g/C Ratio 0 63 0 60 060 0 61 Control Delay 85 16 0 00 78 flue aibefa yy�-'` a,r -..�� Total Delay 8 5 16 0 Approach Delay 14 6 00 00 00 Lead 't:ad Lead Lag . ne None None None 019 013 021 018 Algyaz 01 48 353 278 363 01 248 353 278 36 3 335 34 1 •e - y Y . sue ..e- _ a gel Actuated -Cycle Length 90 _ s 926M g �ced=t6,pt�as gTLt `8', � � k --inl x _ -FZt'arlMito Natural Cycle 75 MO�O x O _ y'War-ftp:T r. ;� ail 3� ,oxr Efwz f F � rya, ype5�atedoodaled�=�:,_4,£� Maximum v/c Ratio 0 63 _ +� �.s � +�as.� ^t 'nor �. � �`^ r K �"^2w,�-r�K-...sro. ^- "yt r� z,� :»�E�F_€ .'rbmr-c-� d ersec is i aT IF f -__ M-'' ,, � rte, ,� , r ,t_ ` rr a � �-��r�'�?te�s. c �on�„LOS � � .� .��. � �- bai.zw.,,...-..ctiv�� mom.•.-,.�"�t:��^ �.� v.G�i pia._ .tom asw �-,ri'��r�n�'SE;�u� sa...wseH�rr�-�..« t+�a.a Intersection Capacity Utilization 64 3% ICU Level of Service C s� 5� ,11 ��3. s'v,41- ,s,' `ui "s:. s et,v4"..° ut� '�rsai. Splits and Phases 3 County Road 15 & County Road 54 \Doi -402 02 ^:f erxet s� ;;: �-x „-,C,�' • 'nt;> F w ;_ J.rn =��r. 1''Oi6 y,-- a.;�SsV�£`:_.�9G-.,...J�r:...cl''a1':3:u,.ki"= = i� (.03 4 5i,E. f 07 4. "t:404 R - , ,fit �:. 05 ,� -s"a�s - .n .�.. .. __. ._rrts S.:� :. '.. a,y e� �-.t � .s^t„ � 4`.r�.t�''t�a��•.�rs, t�"' sar,�`�itt• �';tw;yf?x 08 R RTS 4ct+a„aa Synchro 10 Report KMK Weiland. Inc Environmental & Engineering March 18. 2020 Kim Ogle Department of Planning Services 1555 N. 17TH Avenue Greeley, CO 80631 Environmental Support for; • Transportation • Land Development • Mining • Industry Re: Response to Completeness Letter dated 2/10/2020 for Amen Aggregate Resource (PRE19-0102) Kim, I have provided responses to the completeness comments below. In addition, please note that number 8. of the Questionnaire has been edited to specify bottled water and portable toilets due to the fact that only one full time employee will occupy the scale house. Specification of the type of structure for the scale house has also been added. Responses to comments below which are requesting specifics for a potable water supply or septic are therefore noted with No Longer Applicable (NLA). Environmental Health 1. Please provide written evidence of the ability to obtain potable water for the septic system is being installed. Potable water will be required prior to any activities on site. NLA 2. Please provide an onsite dust control plan. A Dust Control Plan has been included with this submittal. 3. Please provide an onsite waste disposal plan. An Onsite Waste Disposal Plan has been included with this submittal. 4. Please provide clarification of there will there be fuel storage on site. If yes. how large are the tanks and how many will be on site. PD BOX 18087, BOULDER. CO 80308 ph 303-443-9521 Yes, there will be fuel storage tanks onsite. The following table is taken from the Amen Aggregate Resource Spill Prevention Control and Countermeasure Plan (SPCC) and provides a summary of the size and type of tanks. Tank ID Associated Equipment Volume Contents #1 #2 #3 #4 Asphalt Plant Asphalt Mixer 12,000 gallons Diesel 25,000 gallons Asphaltic Cement Crusher Genset 300 gallons Diesel 700 gallons Diesel #5 Genset #6 (55 -gal drums) 500 gallons Diesel All site equipment 275 gallons Oil #7 All site equipment 1,700 gallons Diesel Total: 40,475 gallons The site will keep a current SPCC Plan onsite immediately upon installation of the tank facilities. 5. Please provide comment on if an APEN application has been submitted to the State. Yes, the APEN and Construction Materials Application was submitted to the State on March 4, 2020. 6. Please provide comment on if portable toilets be used at the working face of the mine. Yes, portable toilets will be located near the working face of the mine. Department of Planning Services 1. Please submit a copy of document showing evidence of adequate water supply (e.g. commercial well permit or letter from water district). If using a well, please complete the attached Water Supply Information Summary. As mentioned above, the potable water supply will be bottled water serviced by a commercial supplier such as Deeprock. Water supply for the operation of the mine and replacement of tributary groundwater will be from a long term lease with the City of Loveland for augmentation water which has been attached. A gravel pit well permit and associated Temporary Substitute Water Supply Plan has been submitted to the state and has been included with this submittal. r ran Weiland, Inc. OF S WAN Environmental if Engineering 2. Please submit a copy of document showing evidence of adequate sewage disposal (e.g. septic permit or letter from the sanitary sewer district). NLA Please submit evidence of applicant's legal right to enter and to mine on the land described (include certified copy of any document(s) noted). A notarized legal right to enter and documentation for signature authority has been included with this submittal. Please submit a complete digital copy of the State Permit, including letter of approval pending submittal of Financial Warranty. A complete copy of the DBMS permit including approval letter has been included with the submittal. 5. Please submit evidence of a surface use agreement with the Mineral Estate. An executed Surface Use Agreement has been included with this submittal 6. Please submit evidence of an agreement with the Hill and Brush Ditch. An executed agreement with the Hill & Brush Ditch has been included with this submittal. 7. As applicable, please submit evidence of an agreement with the railroad crossing the Croissant Family Farm LLC property. The mining area and DBMS Permit does not include or cross the Railroad ROW. 8. Please submit signed Notice of Inquiry Agreements wit the Towns of Johnstown, Milliken and Windsor. Attached herein if misplaced. Emails requesting signatures for NOI's were sent to the towns on 2/9/2020 and have been included with this submittal. A signed NOI from Miliken was returned and has been included with this submittal. Ken Coulson Met with the Johnstown City Planner and they indicated they were not interested in annexation at this time. Johnstown indicated they would be sending the NOl to the county directly. We are still waiting for a response from Windsor. Weiland. Inc. to vironmental & Engineering 9. Please submit the application fee by calculation: Coulson Excavating Company holdings are 117.745 acres in area plus the Croissant Family Farm LLC holdings are 72.650 acres in area. The application fee is 5000.00 dollars for the first ten (10) acres plus 20.00 dollars for each additional acre or fraction thereof. Total acres associated with the land holdings is 1191 acres. Application fee is 8620.00 dollars payable by check payable to the Department of Planning Services, cash or credit card - V, MC and Discovery only, are accepted. A check in the amount of $8,436.40 was previously submitted. Please apply that toward the fee and I will call in with a credit card for the balance of $183.80 The submittal documents can be accessed through a link that is being sent via email following this letter. Sincerely Peter Wayland Pai, kk)c÷1/4/•A President pwayland@weilandinc.com Weiland. Inc, environmental a Engineering Record Of Proceedings MINUTES OF THE FORTY-THIRD ANNUAL MEETING OF THE BOARD OF DIRECTORS OF COULSON EXCAVATING CO , INC (Jointly with the Shareholders, collectively referred to as "Directors") The forty-third annual meeting of the Board of Directors of Coulson Excavating Company, Inc , was duly called and held at Loveland, Colorado on May 8, 2019 at 4 00 p m Present were Richard L Coulson, Kenneth L Coulson, Matthew A Coulson, Kathryn K Coulson and Diana Moneypenny The Chairman, Richard Coulson, announced the first order of business would be the election of the Board of Directors and Officers of the Corporation Richard Coulson, Kenneth Coulson, Matthew Coulson and Kathryn Coulson were nominated, seconded and duly elected by unanimous vote to hold the office of Director for the coming year The Chairman also reminded the meeting that the By-laws provide that the officers of the corporation shall be a president, a vice-president, a secretary, and a treasurer and such other officers as may be determined by the Board of Directors Thereupon, after full discussion and upon separate nominations duly made and seconded, the following slate of officers were each duly elected by unanimous vote to hold the office set forth opposite their respective names until the forty-fourth annual meeting of the shareholders or until their respective successors shall be elected and shall qualify Richard Coulson Kenneth Coulson William Schrader Diana Moneypenny Kathryn Coulson Corporate Executive Officer President Vice -President Secretary Treasurer The officers so elected accepted the office to which they were respectively elected There being no further business to come before the meeting, the same was, upon motion duly made, seconded and unanimously approved, adjourned Secretary NOTICE WAIVED, MINUTES APPROVED AND ACTION SO RECORDED CONSENTED TO IN ACCORDANCE WITH SECTION 7-4-122 OF THE COLORADO CORPORATION CODE Pale 1 of 2 AGREEMENT TO MINE SAND & GRAVEL ADJACENT TO THE HILL & BRUSH DITCH THIS AGREEMENT dated effectively " 1 7 ' 2020 is made between Coulson Excavating Co., Inc.. 3609 North County Road 13, Loveland CO 80538, herein called "Coulson" and the Hill & Brush Ditch Company "Hill & Brush". WHEREAS. Coulson represents that they are the Operator for the Amen Aggregate Resource Regular 1 12 Construction Material Permit (M-2019-025) and they are the applicant for a Weld County Use by Special Review for Mining in the FA zone district permit. The mining operation adjacent to the 11111 & Brush is proposed to occur on as shown in Exhibit A (Sheets 1-2) and as described lands in Un-incorporated Weld County Colorado to wit: S 1/2 S19, T5N, R67W WHEREAS, Hill & Brush owns the irrigation canal and water rights within the canal immediately to the north of the proposed gravel pit mining Cells I and 5 as shown in Exhibit A (Sheets 1-2) WHEREAS, Coulson wishes to mine sand and gravel on said property utilizing dry mining techniques. NOW THEREFORE. 1. Hill & Brush agrees to allow Coulson mine v+ ithin 40 ft of the south edge of the canal as shown in 1-:\hibit A (Sheets 1-2). In the unlikely event that any damages should occur to the Hill & Brush as the result of operations and or excavations associated with mining. Coulson v ill agree to repair and remedy those damages immediately during times when the ditch is running and within 30 days during times when the ditch is not running. IN WITNESS WHEREOF, The Grantors have executed this agreement on the date set forth above Kenneth Coulson President Coulson Excavating Co.. Inc. STATE OF COLORADO ) ss. COUNTY OF lefxr-cA-Ne-Nex--- The foregoing in'truucnent was acknowledged before me this 17 day of Marc h. 2020. by xr� h �"�-S�`\ Witness my hand and official seal My Commission expires: CAITLYN KAUFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20184035097 MY COMMISSION EXPIRES SEPTEMBER 4, 2022 Notary Public IN WITNESS WHEREOF, The Grantors have executed this agreement on the date set forth above cza, by 1"---� Title frLeA Hill Brush Ditch Company Page 2 of 2 STATE OF COLORADO ) ) ss. COUNTY OF bat201) The foregoing instrument was acknowledged before me this ) 7 day of March. 2020. by Witness my hand and official seal My Commission expires:9/tl/tozz Notary E'uhli CAITLYN KAUFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20184035097 MY COMMISSION EXPIRES SEPTEMBER 4, 2022 4 )or'e's C,oC.ssQ.eNt CELL 4 REVISIONS 0€ICSPTM LIMITS OF EXCAVATION APNMOV l 0 CELL 5 NORTH CONVEYOR PO /EX n fl*fEA CO. YOB -e 3oht3-96r7 HILL & BRUSH DITCH AMEN AGGREGATE RESOURCE WELD COUNTY, CO COULSON EXCAVATING CO., INC 400 Feet EXHIBIT A SHEET 1 EXHIBIT A.DVVG an MM/DD/YY Pitt t 1 OF 2 I ai I Chili zz I 004 44 c:0 / �/ e -- •YYY•t.y.• mY CELL 2 COULSON/ CROISSANT PROPERTY LINE J f ii . k-7.74/ t • a O t %%.�.w t PROPOSED HILL & BRUSH OVERFLOW OUTLET DITCH LIMITS OF EXCAVATION / / \\ \ l \\ \ \ �' \ \ ‘`‘ g\ ROW ROW ROW ROW CELL 1 COO / Rd - 46' — HILL AND BRUSH DITCH - 7 A -- ROW ROW T ROW T 11 ROW t/ 1 I RQW -ROW' :r• - v. - - ROW ROW 0 200 400 ROW ROW REVISIONS Ut.CM►nON OATS ►ir = ' Wei�d. Inc. nvlronmental &Engineering PO sax 18087 BOua ca 00300 ph 303•X13.9521 AMEN AGGREGATE RESOURCE WELD COUNTY, CO EXHIBIT A SHEET 2 SCAL E 1"=200' U*O NU EXHIBIT A.DWG REV ►RIPA MMD /0N COULSON EXCAVATING CO., INC DAANIN IV cTW CM[CR[D OS PFW OATS MM/DD/YY net r 2OF2 Hill and Brush Ditch Minutes 2020 The annual meeting of Hill and Brush Ditch was held at Johnson's Corner on January 22, 2020 President Jim Croissant opened up the meeting at 12:05pm. Present at the meeting were Jim Croissant (President), Todd Muckier, Steve Betz, Barry Shroeder, Colton Gibson (Director), Ken Coulson, Deb Kinser, Sarah Puccetti and Becky Siskowski (Secretary and Treasurer). The minutes of the previous meeting and financial report were read and approved. No changes to the positions of the officers Motion by Steve Betz and seconded by Colton Gibson to approve 2019 minutes. Motion by Ken Coulson and seconded by Barry Schroeder to approve finances. Motion by Colton Gibson to set dues at $20/share and seconded by President Jim Croissant. Dues to be paid by February 15th, 2020 after which a $10/share late fee will be assessed. Water report — running from June 4 — August 18 Total 1664 acre feet 1574 acre feet used for irrigation and 90 acre feet directed to the Challenger Pit. Discussion about new insurance policies with Union Colony New premium is $1000, over $600 in savings. Discussion about two crossings for 2020. Each will pay $7500. Boring will be 30' under ditch and no timeframe for the boring However, if they do a box culvert, then they will need to do it when the water is turned off. Discussion to possibly increase fee to $10,000 per crossing. Discussion about Nelson may get another crossing next to their dairy The company who is requesting it is working on the contract. Discussion to remove tree that fell into the ditch on Boney's property. Discussion to get Lower Latham to clean ditch again. Discussion about Hill & Brush may end up hiring an attorney to handle case on Thornton pipeline if needed. Motion to adjourn by Ken Coulson and seconded by Steve Betz Received payments from Steve $120, Todd $60, Barry $40 and Becky $40 Paid Steve Betz $575 ,a1.___ Becky Siskowski — Secretary and Treasurer KERR-MCGEE GATHERING LLC sill \ 11X\ ISI()\ HI \ I) P1 Al II % II I I ( 01 ()ItAI)O Appel fk1J Kerr/VtGee January 7, 2020 Coulson Excavating Company. Inc 3609 North County Road 13 Lot eland. Colorado 80538 Re Right of Way Grant Leiter Agreement TOWNSHIP 5 NORTH. RANG!' 67 WEST 6Tii PM. VELD COUNTY. COLORADO Section 19 Part of the Southwest Quarter (SW4) To Whom it May Concern, Per our recent coin ersations, at this time Kerr-McGee Gathering LLC ("KMG") proposes to construct pipelines on a portion of the captioned lands As discussed, our terms are summarized as follows - Any above ground appurtenances that wink placed on location will be approved by both parties. KMG agrees to replace any and all fencing un the property that may be disturbed due to construction KMG agrees to double ditch and separate the top soil dunng construction and any additional dirt needed to maintain current grade following construction will be filled with top soil for the term of the agreement • Upon completion of construi.tiun KMG agrees to use soil compaction method in disturbed areas • Right-of-way will be seventy-five feet (75 00') in width during construction and filly feet (50.00') in width following construction • KMG agrees to pay Surface Owner S75 00 per linear foot at 165162 feet for a total of S123,87 l.50, for the permanent right-of-way and workspace depicted on Exhibit "A" to be paid within 30 business days of the execution date of this letter Said compensation also includes the nght of ingress, egress and access to, from and across the Property depicted on Exhibit "A If this document meets with your approval, please do the following • Execute mid return two (2) original copies of this letter agreement and Right -of -Way Grant exactly as your name(s) appear(s) in the presence of a notary, • nil out, execute, and return an IRS W-9 foes provided herein, • Retain a copy of the Right -of -Way Grant & letter agreement for your files If you hate any questions with respect to this matter. please do not hesitate to give me a call al 970-367-3849 or by email at Nate Joncs@anadarko coot Thank you for your time and attention to this matter. Sincerely, Karr -McGee Gathering LLC Nate Jones Consulting Landman AGREED AND ACCEPTED 'IHIS day of l' 1t91,ti/VV\ ,2020 COULSON EXCAVATING COMPANY, INC. By : .0._ litla 'p1s€e,) ora.— KERR-M CGt:E GATHERING 1.I.C, a Colo limited liability company By. sJ _ U i ie L A • (a-vd-Plot Title: Agent and Attorney -In -Fact •J/ ) A SUBSIDIARY OF ANADARKO PETROLEUM CORPORATION AGREEMENT This AGREEMENT ("Aercemcnt") between Kerr-McGee Oil & Gas Onshore LP, ("KMG"), and Kerr-McGee Gathering LLC ("KMGG") (KMG and KMG� colleglively, "Kerr-McGee"), and Coulson Excavating Company, Inc ("Owner"), is dated to be effective on MLAP i QIV I ‘17.01D ("Effective Date") Each of the parties herein may be referred to in the singular as a "Party" or in the plural as the "Parties ' Recitals Owner owns the surface estate of real property located within Weld County, Colorado, as described in more particular detail on Exhibit A (the "Property") There are plugged and abandoned oil and gas wells on the Property listed on Schedule B. (the "Wells") KMGG currently owns the easements listed on Sc edule C The parties want to enter into an agreement governing, among other things, their use of the Property for gravel finning, water pumping operations, water storage, and pipeline operations i Agreement Therefore, for and in consideration of $10 00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged the Parties agree as follows 1 Easement Areas (a) Kerr-McGee , its successors, assigns, or affiliates, may locate pipelines, waterlines, utility lines and electrical lines and their associated infrastructure (each a "Line"),either temporary or permanent in nature, and located above -ground or below -ground, on the Property within the area identified on Exhibit D as the "Easement Area " (b) if Kerr-McGee , its successors, assigns, or affiliates, or its third -party designee are unable to use any portion of the Easement Area or arc unable to locate a Line in the Easement Area for any reason including, but not limited to the effect of any rule, law, ordinance or regulation, then the affected portion of the Easement Area will be replaced with , another location mutually agreed to by the Parties The new location selected must accommodate current technological limitations as well as be economically feasible for Kerr-McGee or its third -party designee Owner agrees that consent to a new location of the Easement Area will not be unreasonably withheld or delayed (c) Owner and its agents, contractors and subcontractors may cross the Easement Area with roadways and utilities only if such crossings are made at an angle of between 60 degrees and 90 degrees Except in cases of emergency, Owner or the utility company must contact Kerr-McGee, or an entity designated by Kerr-McGee, at least ten (10) business days prior to commencement of any trenching or digging activities within ten (10) feet of the Easement Area Kerr-McGee may have a representative onsite during any trenching or digging activity within ten (10) feet of the Easement Area and when the Easement Area is being crossed Prior to installation of a new roadway that crosses over the Easement Area, Owner will pothole, or request that Kerr-McGee pothole, the Lines within the Easement Area to check the depth of such Lines Kerr- McGee will lower the Lines, as required, to sufficient depth for the road elevations Owner will pay Kerr-McGee the reasonable cost of inspecting and lowering the Lines, as well as the reasonable cost of any sub -grade work required to achieve road construction specifications Owner will not install the portion of the road that crosses a Line until such Line has been lowered To avoid this occurrence, and to the extent a Line is not otherwise installed, the Parties, when possible, will coordinate installation of new roads with installation of new Lines, and Owner will provide Kerr-McGee engineered drawings identifying road elevations so that Kerr-McGee may endeavor to locate its new Lines at such a depth that they will not have to be lowered (d) Owner may use the Easement Area during those times that the area is not being used by Kerr- McGee or its third -party designee, provided, however, that Kerr-McGee, its successors, assigns, or affiliates, or its third -party designee has priority in the use of the Easement Area and will not be responsible for any damage to Owner's operations within the Easement Area (e) When requested by Kerr-McGee, Owner shell grant a pipe ine easement (for production from the Property and property other than the Property) in the form attached hereto as Exhibit F, if the requested pipeline casement is confined to the Easement Area Compensation for the right-of-way is detailed in that certain Right of Way Grant Letter Agreement dated January 7, 2020 and executed as of the date of this Agreement (f) Owner shall not change the grade of the Easement Area 2 Relinquishment of Easements and Removal of Pipelines on the Property. Plunged and Abandoned Wells (a) Removal of Scheduled Pipelines and Relinquishment of Elements Within One (1) year of the effective date of this Agreement, Kerr-McGee shall (i) relinquish the easements described in Schedule C and remove its pipelines therefrom, (u) remove from the Property any other flowlincs and gathering lines that serve only the Wells, and (ni) record a release of Right -of -Way Grant for the easements described in Schedule C (b) P&A Well Area. For any Well that is plugged and abandoned on the property, Owner agrees not to conduct excavation or mining operations within twenty-five feet (25') of the Well, as (depicted on Exhibit E (each a "MA Well Area") 1 (c) Access to P&A Well Area. After Kerr-McGee plugs and abandons a Well, Kerr-McGee will retain a perpetual, non-exclusive right to use a 30' -wide access route for vehicular and pedestrian access to each P&A Well Area, (the "P&A Well Access Routes") Owner may install surface improvements within the P&A Well Access Routes, provided, however, that (i) Kerr-McGee will not be responsible for the replacement and restoration of any improvements witlun the P&A Well Access Routes that are damaged by Kerr-McGee's operations and activities, and (ii) Owner shall not obstruct a 10' -wide access route for vehicular access to the P&A Well Areas capable of bearing a typical commercial maintenance vehicle used for maintenance of a plugged and abandoned well within the oil and gas industry to Weld County The location of such access routes may be changed by mutual written agreement of Owner and Kerr-McGee, provided, however, that all costs and expenses for relocation shall be borne by Owner Any change in access route location does not require an amendment to this Agreement 3 Development of the Property by Owner Kerr-McGee acknowledges that Owner is entering into this Agreement in order for the Property to be developed for use as a gravel mine and for water storage Owner may pursue the approval of development, engineering and construction plans, and other entitlements for the Property Kerr-McGee, for itself, its affiliates and subsidiaries, shall not object to any applications for entitlements to develop the Property, provided that any plan proposed by Owner does not interfere with Kerr-McGee's rights to use the surface of the Property as provided in this Agreement and depicts the P&A Well Areas and P&A Well Access Routes that are within the boundary of the area subject to the plan 4 Notices Notices, demands, requests, claims, deliveries, or other communications required or allowed pursuant to this Agreement must be in writing and are deemed effective upon delivery if sent by United States mail, courier, email communication or hand delivery, postage or charges prepaid, or by a verified facsimile sent during normal business hours to the address of the Party set forth herein, or to any other more recent address which has been provided by such Party in writing pursuant to this notice provision Notices to Kerr-McGee are sent to Attn Surface Land Manager, 1099 18th Street, Suite 1800, Denver, Colorado 80202, Telephone 720-929-6000 Notices to Owner are sent to 5 Govcimn `Law This Agreement is governed, construed and enforced in accordance with the substantive and procedural laws of the State of Colorado, without regard to choice -of -law principles that would direct the application of another jurisdiction's law Each Party expressly waives it right to a jury trial respecting any matter arising under or in connection with this Agreement 6 Indemnification (a) Kea -McGee shall not be liable to Owner or its respective employees, agents, contractors, and invitees, or to any other person, for any death or injury to persons or damage to property, including damage to the environment under applicable federal, state and local statutes, on or about the Property when caused by Owner or its employees agents or contractors use and occupation thereof and activities thereon , including, but not limited to any costs, claim, demand, damages or causes of action of any kind against Kerr-McGee, including reasonable attorney fees, caused or incurred by damage done by Owner to the oil or gas wells on the Property Owner shall indemnify, save and hold harmless Kerr-McGee from any claim, demand, damages or causes of action of any kind against Kerr-McGee, including reasonable attorney fees, caused by the use, occupation or activities on the Property by Owner or its employees, invitees, agents or contractors, except to the extent caused by the intentional fraud, willful misconduct or negligence of Kerr-McGee or its respective employees, Invitees, agents or contractors (b) Except as set forth above, Owner shall not be liable to Kerr-McGee or its respective employees, agents, contractors, and invitees, or to any other person, for any death or injury to persons or damage to property, including damage to the environment under applicable federal, state and local statutes, on or about the Property when caused by Kerr- McGee or its respective employees, agents or contractors use and occupation thereof and activities thereon Kerr-McGee shall indemnify, save and hold harmless Owner from any claim, demand, damages or causes of action of any kind against Owner, including reasonable attorney fees, caused by the use, occupation or activities on or under the Property by Kerr- McGee or its respective employees, invitees, agents or contractors, except to the extent caused by the intentional fraud, willful misconduct or negligence of Owner or its employees, invitees, agents or contractors (c) Notwithstanding any provision in this Agreement to the contrary, as between the Parties, this Agreement does not authorize one Party to sue for or collect from the other Party claims for its own or its affiliates' punitive, exemplary, special, indirect, or consequential losses or damages, lost profits, loss of revenue, loss of savings, loss or deferment of production, loss of use, loss of contract, or business interruption, whether or not the foregoing consequential damages are direct or indirect, and each Party hereby waives on behalf of itself and its affiliates any and all such claims it may have against the other Party 7 Assignments Kerr-McGee may assign this Agreement in whole or in part. 8 Binding Agreement, Covenant Running with the Land It is the express intent of each Party that their respective rights and obligations set forth in this Agreement constitute a real covenant touching and concerning each Party's respective real property interests, running with such real property interests, and binding each Party and its successors and assigns respecting such real property interests 9 Counterpart Signatures This Agreement may be executed in any number of counterparts, each of which shall be deemed an original instrument but all of which together shall constitute one and the same instrument 10 Author Each individual executing this Agreement states that he or she has the authority to execute this instrument on behalf of the Party for which they are signing, and to bind such Party I I Third -Party Beneficiaries This Agreement does not confer any enforceable rights or remedies upon any person other than the Parties 2 12 Captions Descriptive headings used herein arc for convenience only and shall not control or affect the meaning or construction of any provision in this Agreement 13 Entire Agreement. This Agreement and the Right of Way Grant Letter Agreement dated January 7, 2020, between the parties contains all of the agreements, promises and understandings between the Parties respecting the subject matter herein No verbal or oral agreements, course of conduct, promises or understandings shall be binding upon either Owner or Kerr-McGee in any dispute, controversy or proceeding at law The exhibits and schedules attached hereto are incorporated into this Agreement by reference Each Party represents that tt is duly authorized to execute this Agreement This Agreement maybe amended or modified only by a written instrument executed and delivered by Coulson Excavating Company, Inc and Kerr-McGee 14 Dates If ony date set forth in this Agreement for the delivery of any, document or the happening of any event should, under the terms hereof, fall on a weekend or holiday, then such date shall be automatically extended to the next succeeding weekday that is not a weekend or holiday I 15 Waiver A waiver by either Party of any one or more provisions herein, or of any defaults by the other Party, does not operate as a waiver of such provisions in the future, or of any default or defaults in the future, whether of a like or of a different character No course of performance by a Party or the Parties may constitute a waiver 16 Severabiiity If any provision herein is found to be unenforceable, oc is required to be modified by a court or governmental authority, then only such unenforceable or modified provision is affected, and the remaining provisions herein are fully enforceable and without modification i I 17 Recording The Parties shall record this Agreement in the official records of Weld County I [Signatures are on the following page] 3 Owner: COULSON EXCAVATING COMPANY, INC. Name: lit!e�� . /be., The Parties have executed this AGREEMENT to be effective on the Effective Date. KERR-McGEE: KERR-MCGEE OIL & GAS ONSHORE LP c By:ar Name: new C L Title: iYagory-/,i, bar?. KERR-MCGEE GATHERING LLC By: Name: Title: [End of Execution Pagel KA t 61/41.40a1.1 4 preAts4, .c uo,rctrly� ACKNOWLEDGEMENTS STATE OF COLORADO } ss. COUNTY OF } The foregoing AGREEMENT was acknowledged before me on i O .2020, by San .. in his capacity as Authorized Representative of Coulson Excavating Company, Inc., on behalf of such corporation. Witness my hand and official seal. [SE' L] CAITLYN KAUFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20184035097 MY COMMISSION EXPIRES SEPTEMBER 4, 2022 STATE OF COLORADO } } ss. CITY AND COUNTY OF DENVER The foregoing A EEMENT was acknowledged cfore me on RA l i , 2020, by GAS (r • Ityy- in their capacity as acit Sc p Y'C1C of KERB-NICGEE OIL O SIIORE LP, on behalf of such partnership. Witness my hand and official seal. KELLY A. JONES Notary Public State of Colorado Notary ID 11 20184008102 M Commission Ex • iree 03.01-2023 STATE OF COLORADO } s s . CITY AND COUNTY OF DENVER } Notary Public 3—O)— My Commission Expires: U ez,02,3 The foregoing AGREEMENT was acknowledged bet' in their capacity as LLC, on behalf of such Ifmited liability company. Witness my hand and official seal. [SEAL] KELLY A. JONES Notary Public State of Colorado Notary ID 0 20194008102 M Commission Expires 03-01-2023 re me on Y Notary Public -fin My Commission Expires: O -3-O1'! O 0,v(AA ` , 2020, by of KERR-MCGEE GATHERING [End of Acknowledgements Page] [Exhibit A on the following page] 5 EXHIBIT A PROPERTY TOWNSHIP 5 NORTH. RANGE 67 WEST. 6°t PM Section 19 Part of the Southwest Quarter (SW4), as described in that Quit Claim Deed dated February 27, 1987 and recorded on April 19, 1990 at reception Number 02211261 [End ofEchtbzt Al Exhibit A - Page 1 of 1 SCHEDULE B WELLS List ofplueeed and abandoned wells on Property API Well Name 05-123-10054 KOENIG 1-19 05-123-10593 AMEN 1 05-123-23444 COULSON 19-32 05-123-29134 COULSON 19-34 Notwithstanding whether or not a Wallis listed herein, the intent of this list is to cover all wells currently located on the Property [End of Schedule B) Schedule B - Page 1 of 1 SCHEDULE C EASEMENTS TO BE RELINQUISHED Right -of -Way Grant dated May 22, 1982 and recorded at Reception # 1895766 Right -of -Way Grant Dated March 16, 2007 and recorded at Reception # 3471264 Right -of -Way Grant Dated March 16, 2007 and recorded at Reception # 3494228 Right -of -Way Grant Dated March 16, 2007 and recorded at Reception # 3547543 Right -of -Way Grant Dated October I, 2008 and recorded at Reception # 3599187 [End ofSchedule CJ Schedule C - Page I. of 1 t C7 a Sb WELD COUNTY I 24 1 3 9 25 N \ \., N -4` N N \ \\ 100 Feet EXISTING KERR-MCGEE GATHERING LLC PIPELINE EASEMENTS TO BE TERMINATED a SW CORNER SECTION 19 T5N, R67W 7 / / I l \ r / \ J \\/ 7 70.0' HALF ROW TO - BE DEEDED TO WELD COUNTY WITH USR i 7 EXISTING KERR-MCGEE GATHERING LLC PIPELINE EASEMENTS TO BE TERMINATED Beginning at the SW corner of Section 19, T5N, R67W (Alum. cap in Road LS 17662) , then N89' 58' 51.60"E (basis of Bearing) 2562.26' along south line of the SW 4 of Section 19, then N00' 24' 21.57"W 70.00' to the P.O.B. Easement Line Table Line # Length Direction L1 5O.62 N89' 58' 51.60"E L2 905.56 S6' 58' 45.97"E L3 734.96 S29' 08' 03.86"W L4 1O1.18 NO' 28' 49.76"W L5 630.43 N29' 08' 03.86"E L6 895.61 S6' 59' 07.45"E ROW ROW ROW ROW 1 ROW ROW ROW A X -� - „ =-jt � �OCfiCAR ROW _ WELD COUNTY ROAD 54 goo I `' iv III 111 It 1 COULSON 11 1, ;:1 PROPERTY Id.: I-- BOUNDARY I4` to th 130 ROW ( '� ROW I P.O.B. ROW r T * n w R 'r -------- cry - - s — -1► _ .• - -- -� N89' 58' 51.60"E - N0O' 24' 21.57"W 70.00 _ REVISIONS ROW ROW 'a- -' - LNG �.r;. as 2562.26_.._oca-GA I ROW ROW ROW elvt= mcnt `seen novrg — C SW .i0' ca Waw pry 2:1344-JSW ROW r---rr-R SE CORNER OF THE SW SECTION 19, T5N, R67W Kerr-McGee Oil & Gas Onshore LP Kerr-McGee Gathering LLC and Coulson Excavating Co., Inc. SURFACE USE AGREEMENT 1 EXHIBIT D EASEMENT ROUTE ON PROPERTY - .. . Ie•2O7 .•V - EXHIBIT 0 DV%G 1 REV -.OS... . Coulson Excavating Co.. Inc. CTW VFW 03/03/2020 I I OF I EXHIBIT E FUTURE P&cA WELL AREAS AND ACCESS ROADS LOCATION EXHIBIT [End of Exhibit B] Exhibit E - Page 1 of 1 IL - i �♦ • ♦♦ • al II atm-scat at Ku. MINN 1►- u (PLC= a MJnDG4D) I I 1► ::, 7 II 1 1 I • ca�' 4a sans C �^ 4 { n I i 1 A I • •I t aaa \ \. ajs I taKttaG WIN -S t GantMG uc Cs. 11(otnw-(t-t °IWO= a A411110 KD) } nil • wn.9e a '0. ` , ``% • \ •\ ♦• \\` Oat. an cr 's`1 a� pI )fille4 a-x. �4 N. aA.t t Aran w • e7 I r 1*UAG atm-scant GAnitmac 11C rnUc t AtistNt% t0 K I IIIMA/tp [atiTMaG tin-Iscat CANE/MG 1st CL. C0.4.SO4 II- a! (RIK.a7 • *4MCOt.D) M na w I--i-.--taalis►---r1r Y�1 - - -y-Mp. li- stctoI cow* — w w aea REVISIONS K. '4_ 0a N•1 aI as w MO &3 atm-scat GAMIgMG tic rifting MO XI t (AMWNn r qa Welland. Inc. tan v t tynnvrnt: a G in9 trt am rn) PO Boa ta>a, twaata Ct) saute IN MIS 44i St Sr II II 11 II .- II st COWS c: t►{ Sal ♦ as t2t t.tyw$3 ast 1 • \ • • aass".t Pool atr .Owen 'S fie tn. t_oo=—•A .--:=....T.,.........„,. 7 IIt �r Kerr-McGee Oil & Gas Onshore LP Kerr-McGee Gathering LLC and Coulson Excavating Co., Inc. SURFACE USE AGREEMENT Coulson Excavating Co.. Inc t • • o 4.I % • aPR, at)M-WWI Gancsa LLC OM. OtaIS Nt-Nhal (TV VW PUS • AS MOM) or ♦ ♦ • II S .. _ ♦.- I I s1 ..• a MUM In v dint I .a** MKS aaao.Iin w Iar *Ca Da in In n 44 in IaUa Man g MIMIC Pint Mat SI fan nen tree I/O WOW l et s an pow) — gr14a/I".Ma1 • • • • - memo nAO Casapl Cana (R'f) e.isoort — otl.aol CO•111S (fl) Ft RR -stul GAflCIIMC SAC *U UMSIMt-I.-44 — (IutuRl PII/G • seMOON ) II II I( II II It If aAIIt ACCESS t0 1( laity -rota cans; uc (attt+A toassarAIFAtplfe a M • ti ar • • EXHIBIT E - P&A WELL LOCATIONS AND FUTURE ACCESS RD t _, I' -I50 - • CTW PIES IS E.$J UIIT F O*O Pt IN 03.1:1 VIDTC1 REV EXHIBIT F FORM OF RIGHT-OF-WAY GRANT RIGHT-OF-WAY GRANT This RIGHT-OF-WAY GRANT ("Grant") dated MiOv1 1 \. , 2020 ("Effective Date") is from (• I ("Grantor"), whose address is (•j, to [•J ("Grantee"), whose address is N Grantor and Grantee are referred to herein in the singular sense as a "Party" or in the plural sense as the "Parties." The Parties agree as follows: 1. For and in consideration of S 10.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants to Grantee and its successors and assigns a perpetual right-of-way and casement for the purposes of surveying, constructing, maintaining, cathodically protecting, inspecting, operating, repairing, replacing, modifying, changing the size of, reconstructing, marking, monitoring, abandoning, removing or relocating and releasing, at Grantee's election, one or more pipelines, electric power lines, data transmission lines and equipment, pumps, enclosures, generators, and all associated appurtenances below and above ground, as necessary or convenient for the transportation or transmission of oil, gas, petroleum products, water, electricity, electronic data, hydrocarbons and any other substances, whether electronic, fluid, solid or gaseous, in, on, over, under, or through the lands situated in Weld County, State of Colorado, being described as follows: TOWNSHIP 5 NORTH, RANGE 67 WEST, 6Ttt PM SECTION 19: PART OF THE SOUTHWEST QUARTER (SW4) The route and course of the right-of-way and casement conveyed hereby ("Right -of -Way Lands") is 75 feet during construction activities and 50 feet at all other times, as described in more particular detail on the Exhibit to Right -of -Way Grant attached hereto and incorporated herein. 2. If there is a deviation in the Right -of -Way Lands as constructed, then the Grantee shall record a Notice of Pipeline Location with an as -built survey plat. Grantee may utilize temporary workspace parallel and adjacent to the Right -of -Way Lands for the purposes of the Grant as set forth herein, such workspace being described in more particular detail on Exhibit to Right -of -Way Grant. Except in the case of emergency, Grantee shall deliver advance written notice of its use of such temporary workspace. 4. Grantor represents and warrants to Grantee that it holds the entirety of the fee simple interest in the lands subject to the easement and right-of-way granted herein, and that Grantor has the full right, power and authority to execute and deliver this Grant to Grantee. 5. Grantee shall bury pipelines and appurtenances constructed underground at a depth of not less than 48 inches below existing and proposed grade as shown on Exhibit E attached hereto and incorporated herein. Grantor shall not increase or decrease the surface elevation on the Right -of -Way Lands without Grantee's prior written consent. Grantee shall repair and restore fencing on or adjacent to the Right -of -Way Lands removed or severed by Grantee to the condition such fencing was in prior to such removal or severance. If necessary to prevent the escape of Grantor's livestock, Grantee shall construct temporary gates or fencing in areas affected by Grantee's operations. 6. To the extent reasonably practicable, Grantee shall restore the surface of Right -of -Way Lands affected by Grantee's operations, and shall level and sufficiently compact the soil to its condition immediately prior to such operations. 7. Grantor shall not build, create, construct or permit to be built, created or constructed, any obstruction, building, fencing, reservoir, engineering works or other structures or improvements over, under, on or across the Right -of - Way Lands without the prior written consent of Grantee. 8. Grantee shall have all rights, privileges and benefits necessary or convenient for the full use and cnjoymcnt of this Grant, including but not limited to, the right of ingress and egress over and across Grantor's lands, as shown on Exhibit to Right -of -Way Grant for any and all purposes necessary and incidental to exercising Grantee's rights hereunder. 9. Grantee may pay and discharge any taxes, mortgages or liens existing, levied or assessed on or against the lands burdened by the Right -of -Way. Grantee shall be subrogated to the rights of the party to whom such payment is made, and in addition to its other rights, may reimburse itself out of any other amounts otherwise payable to Grantor hereunder. Grantor shall deliver 30 days' advance written notice to Grantee of foreclosure or any other statutory or non -statutory proceeding diminishing Grantee's rights pursuant to this Grant. 10. Grantee shall repair, replace or otherwise compensate Grantor for damages resulting from Grantee's operations on the Right -of -Way Lands, except for damage to structures or improvements placed in the Right -of -Way Lands contrary to the provisions herein. Grantor shall pay for, reimburse, indemnify and hold Grantee harmless from all claims or damages resulting from Grantor's operations on the Right -of -Way Lands. 11. As between the Parties, neither Party shall be obligated to pay the punitive or consequential damages of the other Party respecting any matter arising under or in connection with this Grant. 12. Each Party waives to the full extent under applicable law the right to a jury trial respecting any matter arising under or in connection with this Grant. 13. This (grant may not be modified. except by an instrument in writing signed by both Parties. 14. The rights granted herein may be assigned in whole or in part. Exhibit I: - Page 1 of S 15 It is the express intent of the Parties that the provisions harem touch and concern the subject lands, that such provisions constitute a real covenant running with such lands, and that the provisions herein shall be binding upon each Parties' respective successors and assigns 16 This Grant may be executed in counterparts each of which shall be considered the same instrument. ' [Cxecutron and Acknowledgment Page Follows] 1 Exhibit F - Page 2 of 5 The Panics have executed this RIGHT-OF-WAY GRANT to be effective on the Effective Date. GRANTOR: FexciwtienvidoTloc Name: Title: 'fl? Th -' — STATE OF COLORADO 1J#flIr\EUrCOUNTY i } The foregoing RIGHT-OF-WAY GRANT was acknowledged before me on l' l c�—Lc7 , 2020, by Witness my hand and official Seal. GRANTEE: CAITLYN KAUFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20184035097 MY COMMISSION EXPIRES SEPTEMBER 4, 2022 • By: Title: Notary Public My Commission Expires: STATE OF COLORADO } CITY AND COUNTY OF DENVER } The foregoing RIGHT-OF-WAY GRANT was acknowledged before me on MA.VLXA1 2020, by int(LN&WitkV\ , I•I,. Witness my hand and official Seal. KELLY A. JONES Notary Public State of Colorado Notary ID a 20194008102 My Commission Expires 03 -Q.1 -Z02.1. Notary Public My Commission Expires: 0-5-1) -2013 collar and Acknowledgment Page] Exhibit I: - Page 3 of 5 EXHIBIT TO RIGHT-OF-WAY GRANT [EXHIBIT TO BE ATTACHED PRIOR TO RECORDING] [End of Exhibit to Right -of -Way Grant to Right -of -Way Grant] v Exhibit F - Page 4 of 5 EXHIBIT E [EXHIBIT E TO BE ATTACHED PRIOR TO RECORDING] [End of Exhibit E to Right -of -Way Grant) [End of Exhibit F to Agreement) Exhibit F - Page 5 of 5 From: To: Subject: Date: Attachments: Peter Wayland "planning@townofjohnstown.com" Amen Aggregate Resource NOI Wednesday, February 19, 2020 8:50:22 AM EXTRAC _ON PLAN 1-10-2020.pdf VICINITY MAP 1-10-20.pdf Amen - Questionnaire.pdf NOI Amen Aggregate Resource Johnstown.pdf Hello, As a requirement by Weld County for an application for Use by Special Review for Vining in the FA zone district, we are submitting to the town the attached Notice of Inquiry. Please fill in the comment section, sign and return to me via email for submittal to the County. I have attached the Vicinity Map and Extraction Plan Drawings as well as the Weld County Questionnaire for your further information. Thank You Peter Wayland Weiland, Inc 303.518.2182 m From: To: Subject: Date: Attachments: Peter Wayland "PMcclenahan@MillikenCO.gov" Amen Aggregate Resource NOI Wednesday, February 19, 2020 8:47:57 AM EXTRACTION PLAN 1-10-2020.pdf VICINITY MAP 1-10-20.pdf Amen - Questionnaire.pdf NOI Amen Aggregate Resource Miliken.pdf Hello, As a requirement by Weld County for an application for Use by Special Review for Mining in the FA zone district, we are submitting to the town the attached Notice of Inquiry. Please fill in the comment section, sign and return to me via email for submittal to the County. I have attached the Vicinity Map and Extraction Plan Drawings as well as the Weld County Questionnaire for your further information. Thank You Peter Wayland Weiland, Inc 303.518.2182 m From: To: Subject: Date: Attachments: Peter Wayland "sballstadt©windsorgov.com" Amen Aggregate Resource NOI Wednesday, February 19, 2020 8:43:57 AM EXTRAC ION PLAN 1-10-2020.pdf VICINITY MAP 1-10-20.pdf Amen - Questionnaire.pdf NOI Amen Aggregate Resource Windsor.pdf Hello, As a requirement by Weld County for an application for Use by Special Review for Mining in the FA zone district, we are submitting to the town the attached Notice of Inquiry. Please fill in the comment section, sign and return to me via email for submittal to the County. I have attached the Vicinity Map and Extraction Plan Drawings as well as the Weld County Questionnaire for your further information. Thank You Peter Wayland Weiland, Inc 303.518.2182 m Notice of Inquiry Development within a Coordinated Planning Agreement or Intergovernmental Agreement (CPA or IGA) Boundary Date of Inquiry 4/25/2019 Municipality with CPA or IGA 1 Milliken CPA Name of Person Inquiring Peter Wayland, Weiland Inc Property Owner Coulson Excavating & Croissant Farms Family Planner Kim Ogle kogle@weldgov.com Legal Description Part S2 19-5-67 Parcel Number 0957-19-3-00-061 and 0957-19-4-00-002 Nearest Intersection County Road 13 at County Road 54 NE4 of intersection Type of Inquiry USR for Mineral Resource Development - Gravel Mining & Asphalt Batch Plant' The above person inquired about developing a property inside your designated CPA or IGA boundary. This person has been referred to community by Weld County Planning to discuss development options on this site. Visit Chapter 19 of the Weld County Code for specifics on your agreement. Weld County Comments Property is within the CPA with your municipality. Do you want to annex the property, enter into a pre -annexation agreement or release the application to Weld County? rej- 4-tv-s T, tev..42_ Name/Title of Municipality Representative p a pe,e j` I. 1 `G sec G�, y� Municipality Comments Kim Ogle Digitally signed by Kim Ogle Date: 2019.04.29 0638_57 -06'00' Signature of Weld County Planner Signature 61 Municipality Representative Plase return the signed form to: Weld County Planning Department 1555 N 17th Avenue, Greeley, CO 80631 (970) 353-6100 x3540 (970)304-6498 fax Hello