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Home My WebLink About20201541.tiff RESOLUTION RE: APPROVE REQUEST TO EXTEND TIME TO COMMENCE OPERATIONS FOR USE BY SPECIAL REVIEW PERMIT, USR-1354, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES FOR OPEN PIT MINING AND MATERIALS PROCESSING, INCLUDING A CONCRETE AND ASPHALT BATCH PLANT IN THE A (AGRICULTURAL) ZONE DISTRICT -AGGREGATE INDUSTRIES WEST CENTRAL REGION, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on September 25, 2002, the Board of County Commissioners of Weld County, Colorado, approved the application of Aggregate Industries West Central Region, Inc., 3605 South Teller Street, Lakewood, Colorado 80235, for a Site Specific Development Plan and Use by Special Review Permit, USR-1354, for Mineral Resource Development Facilities for Open Pit Mining and Materials Processing, including a Concrete and Asphalt Batch Plant in the A (Agricultural) Zone District, on the following real estate, to-wit: Part of the W1/2 of Section 8, Township 4 North, Range 66; Lot B of Recorded Exemption, RE-1586; being part of the W1/2 and part of the NW1/4 of Section 8, Township 4 North, Range 66 West; and parts of Sections 4, 5, and 8, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, and WHEREAS, Development Standard #37 was approved, to read as follows: "In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special Review has not commenced within three years from the date of approval or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive. The County shall initiate an administrative hearing to consider whether to grant and extension of time to commence the use or revoke the Use by Special Review. If the Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of Chapter 23, Division 4 of the Weld County Code in order to reestablish any Use by Special Review." WHEREAS, the Board of County Commissioners was presented with an email from the applicant, dated January 16, 2020 (marked Exhibit D), requesting an extension of time to commence operations at the Milliken Resource Site permitted under USR-1354, and c-c- PL.CMH( TP), G PPL 1OPPL REP ?/28/202 p 2020-1541 PL1629 REQUEST FOR EXTENSION OF TIME TO COMMENCE OPERATIONS FOR USR-1354 - AGGREGATE INDUSTRIES WEST CENTRAL REGION, INC. PAGE 2 WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Department of Planning Services, and having been fully informed, deems it advisable to grant the request for an extension of time to commence the mining operations permitted under USR-1354. NOW THEREFORE BE IT RESOLVED by the Board of Weld County Commissioners that the request of the applicant for an extension of time to commence the mining operations permitted under USR-1354, be, and hereby is, granted, with said extension granted through May 20, 2023. BE IT FURTHER RESOLVED that prior to commencement the applicant shall satisfy the following provisions and provide written evidence to the Department of Planning Services: 1) Submit an updated financial security and provide evidence that the Colorado Division of Reclamation, Mining and Safety (DRMS) permit requirements have been completed 2) Obtain a Flood Hazard Development Permit from Weld County. 3) Update the existing environmental resource evaluations and perform any additional evaluations required for United States Army Corps of Engineers (USACE) or United States Fish and Wildlife Service (USFWS) concurrence or permits and provide Weld County with any updated evaluations and/or reports. 4) Coordinate with the Union Pacific Railroad (UPRR) to present plans for conveyor crossing, gain approval, and develop a schedule for conveyor crossing construction. 5) Install monitoring wells in and around the proposed mining areas and begin monthly ground water monitoring. Data from said monitoring shall be used to develop an understanding of the groundwater conditions at the site. 6) Prior to commencement, the applicant shall send notice, via certified mail, to the surrounding properties within 500 feet of the USR-1354 property boundaries. 2020-1541 PL1629 REQUEST FOR EXTENSION OF TIME TO COMMENCE OPERATIONS FOR USR-1354 - AGGREGATE INDUSTRIES WEST CENTRAL REGION, INC. PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of May, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditty jddo; Mike i h C ar Weld County Clerk to the Board - Steve repo, Pro-Tem BY: eputy Clerk to the Board ��''�►� Scot K. James • .'_e EDA o O tatiS4S1��" �� _arbara Kirkmey-r ount•attorney (Sit , Kevin D. Ross Date of signature: 07/I b/2.0 2020-1541 PL1629 1861 1l-r DEPARTMENT OF PLANNING SERVICES : � � MEMORANDUM _GpUNTY To: Board of County Commissioners From: Michael Hall,Weld County Department of Planning Services Subject: Consider granting an extension of time to commence the use or revoke USR-1354 (PL1629) Hearing Date: April 1, 2020 Owners: Aggregator, LLC, RML Property Investors, LLC and SW Spruce Mountain, LLC Representative: Resource Conservation Partners, LLC c/o Barb Brunk Legal Description: Part of Sections 4, 5 and 8 of T4N, R66W of the 6th P.M., Weld County, CO Location: East of and adjacent to Highway 60; southeast of and adjacent to Two Rivers Parkway Parcel Numbers: Multiple Parcel Size: +/-492 acres Zoning:A(Agricultural) Summary: This purpose of this memorandum and hearing is to seek direction from the Board of County Commissioners regarding USR-1354. Use by Special Review USR-1354 was for a mineral resource development facility for open pit mining and materials processing, including an asphalt batch plant known as the Milliken Resource Site. The applicant is Aggregate Industries West Central Region, Inc. The USR was approved by Board of County Commissioners Resolution on September 25, 2002 (Exhibit A) and recorded on June 1, 2004, reception number 3184928 (Exhibit B).An associated Division of Reclamation, Mining and Safety (DRMS) 112 mining permit M-2000-087 was approved on January 12, 2001 and is still valid as documented in the Mineral Reclamation Permit 2020 Annual Report. As of March 9, 2020, the Use by Special Review has not commenced which is supported by the most recent inspection by DRMS staff in 2016. The properties included in within the USR boundary are owned by Aggregator LLC, RML Property Investors, LLC and SW Spruce Mountain, LLC. Previously, all three companies were contacted by the Planning Department via letter dated October 15, 2019, sent by Certified Mail, regarding the status of commencing the USR (Exhibit C). In response to the County letters, a representative of the property owners, Ms. Barb Brunk from Resource Conservation Partners, LLC, corresponded with Mr. Tom Parko Jr., Weld County Planning Director, and expressed the property owners' intent to request an extension of time for commencing the mining operation(Exhibit D). Development Standard#37 states: "In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special Review has not commenced within three years from the date of approval or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive. The County shall initiate an administrative hearing to consider whether to grant and extension of time to commence the use or revoke the Use by Special Review. If the Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of Chapter 23, Division 4 of the Weld County Code in order to reestablish any Use by Special Review." Page 1 2020-1541 05 PL(G29 Section 23-2-290.A of the Weld County Code states: "Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of approval, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the landowner." Based on the requirements stated in the USR Development Standards and the Weld County Code, the property owners were notified in letters sent by Certified Mail on March 13, 2020 (Exhibit E) that USR-1354 will be heard before the Board of County Commissioners on April 1, 2020 at 9:00 a.m. at the Weld County Administration Building, located at 1150 O Street, Greeley, CO 80631. Ms. Brunk of Resource Conservation Partners, LLC and Chance Allen of Aggregate Industries-WCR, Inc. were provided copies of the letters via email. The property owners or their appointed representatives were encouraged to attend this hearing. Additionally, the property owners were invited to withdraw the USR application and to email this intention to Planning staff by March 31, 2020. Due to the length of time that has elapsed from 2004 to 2020, the Department of Planning Services requests that the Board of County Commissioners consider granting an extension of time to commence the mining activity or consider revoking USR-1354. Exhibits: A: Signed BOCC Resolution B: Recorded USR Map C: Notice Letters&Certified Mailings D: Correspondence between the Applicant and Planning Department E: Hearing Letters&Certified Mailings Page 2 EXHIBIT A 3 RESOLUTION RE : APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT #1354 FOR MINERAL RESOURCE DEVELOPMENT FACILITIES FOR OPEN PIT MINING AND MATERIALS PROCESSING , INCLUDING A CONCRETE AND ASPHALT BATCH PLANT, IN THE A (AGRICULTURAL) ZONE DISTRICT AGGREGATE INDUSTRIES WEST CENTRAL REGION , INC . WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado , and WHEREAS, the Board of County Commissioners held a public hearing on the 25th day of September, 2002, at the hour of 10 : 00 a . m. in the Chambers of the Board for the purpose of hearing the application of Aggregate Industries West Central Region , Inc. , 3605 South Teller Street, Lakewood , Colorado 80235 , for a Site Specific Development Plan and Use by Special Review Permit # 1354 for Mineral Resource Development Facilities for Open Pit Mining and Materials Processing , including a Concrete and Asphalt Batch Plan , in the A (Agricultural ) Zone District on the following described real estate , to-wit : Part of the W1 /2 of Section 8 , Township 4 North , Range 66 ; Lot B of Recorded Exemption # 1586 ; being part of the W1 /2 and part of the NW 1 /4/4 of Section 8 , Township 4 North , Range 66 West; and parts of Sections 4 , 5, and 8 , Township 4 North , Range 66 West of the 6th P . M . , Weld County, Colorado WHEREAS , said applicant was represented by Danna Ortiz, Rocky Mountain Consultants , Inc. , 825 Delaware Avenue , Suite 500 , Longmont , Colorado 80501 , at said hearing , and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS , the Board of County Commissioners heard all of the testimony and statements of those present , studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and , having been fully informed , finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code . 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-230 . B of the Weld County Code as follows : a . Section 23-2-230 . B . 1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinances in effect. 2002-2438 PL1629 I USR#1354 -AGGREGATE INDUSTRIES WEST CENTRAL REGION, INC PAGE 2 Section 22-5-80 B 1 (CM Goal 2)states, "Promote the reasonable and orderly development of mineral resources" The proposed use will be compatible with surrounding properties which include the Arborland Nursery to the west, Monfort of Colorado and agricultural lands to the east and south, an elk ranch to the north, and several residences and agncultural uses surrounding the mining site The South Platte River is adjacent to the property to the east and the Big Thompson River to the north under Two Rivers Parkway(WCR 27 5) The property to be mined contains no"Prime"agricultural lands, thus, no pnme farm land will be taken out of production with this proposal b Section 23-2-230 B 2--The proposed use is consistent with the intent of the A(Agncultural)Zone District Sections 23-3-40 A and 23-3-40 A 4 of the Weld County Code provide for Mineral Resource Development facilities including Concrete and Asphalt Batch Plants and Gravel Mining as a Use by Special Review in the A(Agncultural)Zone Distnct c Section 23-2-230 B 3--The uses which will be permitted will be compatible with the existing surrounding land uses The proposal will be compatible with existing surrounding land uses which include agncultural lands with rural residences in the general area d Section 23-2-230 B 4 --The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities The surrounding land uses are pnmanly agncultural, including the Arborland tree nursery and the elk ranch There are rural residences in the area To the north is the Union Pacific Railroad line and Two Rivers Parkway transecting the property from the southwest to the northeast, to the east and south is agricultural land and the South Platte River including npanah lands The west is bordered by State Highway 60 The Town of Milliken is approximately one mile to the west of the permit area, with the Town of Gilcrest two miles to the south, the City of Greeley is three miles to the north and the City of Evans and Town of LaSalle are two to three miles to the northeast from the permit area The area to be mined is outside of the Urban Growth Boundary areas for all of these municipalities The Towns of Milliken and LaSalle, in referrals received September 27, 2001, and September 13, 2001, respectively, stated they had reviewed the request and found no conflict with their interests The Town of Gilcrest, in a referral received September 20, 2001, stated the proposal was outside the Town's Comprehensive Planning Area, however, the Town raised concerns over the additional truck traffic and potential hazards associated with this type of facility on the area road network In a referral dated August 31,2001, the City of Greeley stated the proposal was outside of its Long Range Expected Growth Area The City of Greieley did ask for a Landscape 2002-2438 PL1629 USR#1354 -AGGREGATE INDUSTRIES WEST CENTRAL REGION, INC. PAGE 3 Plan for the Two Rivers Parkway and State Highway 60 road systems. The City of Evans found no conflict with its interests; however, it did ask consideration be given for a dedicated bike path/trail adjacent to the river and installed during the reclamation phase of development. Planning Staff concurs that, with the endorsement of the Conditions of Approval contained in this recommendation, approval of this use will not jeopardize the health, safety and welfare of the surrounding property owners. e. Section 23-2-230.B.5 —The application complies with Section 23-5 of the Weld County Code. The proposal is located within the Flood Hazard Overlay District area as shown on FIRM Community Panel Map#080266- 0750C, dated September 28, 1982. The Conditions of Approval and Development Standards address the issue of the flood plain. Section 22-5-80.E.2.d (CM.Policy 5.4)states,"the operation will comply with the County flood hazard regulations...." Further, Section 22-5-80.B.1 promotes the reasonable and orderly development of mineral resources. f. Section 23-2-230.B.6--The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The subject site has a limited amount of prime agricultural land. A majority of the property lies within the One Hundred (100)Year Flood Plain that limits the agricultural productiveness of the site. The area within the flood plain has historically been utilized as pasture land. g. Section 23-2-230.B.7--The Design Standards(Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval, and Development Standards ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. h. Section 23-4-250 --Additional requirements for Open-mining have been addressed through this application and the Development Standards will insure compliance with Section 23-4-250 Weld County Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Aggregate Industries West Central Region, Inc. for a Site Specific Development Plan and Use by Special Review Permit#1354 for Mineral Resource Development Facilities for Open Pit Mining and Materials Processing, including a Concrete and Asphalt Batch Plant, in the A (Agricultural) Zone District on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Use by Special Review Permit shall be adopted and placed on the Use by Special Review Plat prior to recording. The completed plat shall be delivered to the Weld County Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 30 days of approval by the Board of County Commissioners. 2002-2438 PL1629 USR#1354-AGGREGATE INDUSTRIES WEST CENTRAL REGION, INC. PAGE 4 2. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1) The applicant should acquire and dedicate to the County any additional right-of-way needed to accommodate the intersection improvements at Two Rivers Parkway and Weld County Road 396. 2) The location of the above grade conveyor utilized to transport the resource from the north side of Weld County Road 396 to the south side of Weld County Road 396 to the processing plant area. B. The Environmental Health Division of the Weld County Department of Public Health and Environment was unable to locate a septic permit for the existing buildings represented on the submitted plan. Any existing septic system(s) located within the Use by Special Review Permit boundary that is not currently permitted through the Weld County Department of Public Health and Environment will require an Individual Sewage Disposal System (I.S.D.S.)evaluation prior to issuance of the required septic permit(s). In the event the system(s) is found to be inadequate, the system(s) must be brought into compliance with I.S.D.S. Regulations. C. The applicant shall provide evidence that the facility has an adequate water supply for drinking and sanitary purposes. D. The applicant shall acquire and dedicate to the County any additional right-of-way needed to accommodate the intersection improvements at Two Rivers Parkway and Weld County Road 396. E. The applicant shall enter into an agreement for the upgrading, widening, and paving of Weld County Road 396 from the pit entrance/scale house west to Two Rivers Parkway(WCR 27.5), and intersection improvements at Two Rivers Parkway(WCR 27.5) and Weld County Road 396. Two Rivers Parkway(WCR 27.5)will be evaluated for structural adequacy by the Department of Public Works. A structural overlay may be required due to the heavy hauling generated by the Use by Special Review. If a structural overlay is needed, it shall be included in the agreement. The applicant shall also enter into an agreement to proportionately share, based on the traffic generated by the Use by Special Review, in the maintenance of Two Rivers Parkway and Weld County Road 396. F. The applicant shall provide evidence that Union Pacific Railroad will permit a spur rail line and loading yard to be constructed adjacent to the existing rail line. Evidence of approval from Union Pacific shall be submitted to the Department of Planning Services. 2002-2438 PL1629 USR#1354 -AGGREGATE INDUSTRIES WEST CENTRAL REGION, INC. PAGE 5 3. Prior to operation: A. The applicant shall provide evidence of being in receipt of the Division of Minerals and Geology Permit, Mined Land Reclamation Permit 112, to conduct surface extraction of construction materials and reclamation of said lands identified as the Milliken II Site. B. The applicant shall apply, and be approved, for a Flood Hazard Development Permit for any development that will increase or decrease the base flood elevation in the flood plain as delineated on FIRM Community Panel Map#080266 0750 C, dated September 28, 1982. Including the construction of any structure, including roads and parking areas. C. Proper building permits shall be obtained in accordance with the referral response from the Weld County Department of Building Inspection, dated September 5, 2001, prior to any construction, demolition, or excavation. Part of the permit application process includes a complete Plan Review. D. Site drawings shall be submitted to the Milliken Fire Protection District. Evidence of an attempt to comply with Fire District requirements shall be submitted to the Weld County Department of Planning Services. E. The applicant shall submit a letter from the United States Department of Interior, Fish and Wildlife Service, indicating that the Savage and Savage, mouse mitigation plan for the Permit Boundary has been approved by the United States Department of Interior, Fish and Wildlife Service. F. The applicant shall provide evidence that all issues involving water rights, including a water court approved plan for augmentation or substitute water supply plan has been approved by the State of Colorado, Division of Water Resources. Evidence shall be submitted to the Weld County Department of Planning Services for review and approval. G. The approach to the scale house/parking area for customers and visitors parking spaces shall be paved. H. The applicant shall locate Kerr-McGee's eight(8)inch pipeline and take precautionary measures around the pipeline as required. I. An individual sewage disposal system is required for the proposed processing plant area and shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County I.S.D.S. Regulations. 2002-2438 PL1629 USR#1354-AGGREGATE INDUSTRIES WEST CENTRAL REGION, INC. PAGE 6 4. The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of September, A.D.,2002. BOARD OF COUNTY COMMISSIONERS WELD OUNTY COLORADO ATTEST:4 1 I_�,��l'� A`� _i/cetA Glenn Vaad, ChM Weld County Clerk to the �• ,180 _'�� XCUSED ♦ b avid E. ��--, � �„ � ,,,�,,� f •ng, Pro-Tern BY: � �. . Deputy Clerk to the Bo— M. J. -ile APP E S TO F • EXCUSED illiam H. Jerke C ty ttor ey Robert D. Masden /D/ Date of signature: /7- 2002-2438 PL1629 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS AGGREGATE INDUSTRIES WEST CENTRAL REGION, INC. USR#1354 1. The Site Specific Development Plan and Use by Special Review Permit#1354 is for Mineral Resource Development Facilities for Open Pit Mining and Materials Processing, including a Concrete and Asphalt Batch Plant, in the A(Agricultural)Zone District,as indicated in the application materials on file and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The facility shall operate in accordance with the approved Dust Control Plan. The facility shall have sufficient equipment available to implement appropriate dust control.Additional control measures shall be implemented as required by the Weld County Health Officer. 4. All liquid and solid wastes,as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 5. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S. 6. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 7. Fugitive dust shall be controlled on this site. 8. The site shall operate in accordance with all applicable rules and regulations of the Air Pollution Control Division. 9. The facility shall adhere to the maximum permissible noise levels allowed in the industrial Zone District as delineated in Section 25-12-103, C.R.S. 10. Adequate hand washing and toilet facilities shall be provided for the employees and visitors. 11. The facility shall provide an adequate water supply for drinking and sanitary purposes. 12. The applicant shall remove, handle,and stockpile overburden, soil,sand, and gravel from the facility area in a manner that will prevent nuisance conditions. 13. The operation shall comply with the Occupational Safety and Health Act (OSHA). 14. The site shall comply with the Mine Safety and Health Act(MSHA). 15. The operation shall comply with all applicable rule and regulations of the Colorado Division of Minerals and Geology. 2002-2438 PL1629 DEVELOPMENT STANDARDS-AGGREGATE INDUSTRIES WEST CENTRAL REGION, INC. (USR#1354) PAGE 2 16. Portable toilets may be utilized on sites which are temporary locations of the working face and portable processing equipment, etc., for up to six months at each location. 17. In the event that five (5) or more acres are disturbed during the construction and development of this site, the applicant shall obtain a Storm Water Discharge Permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment. 18. All operations on said described parcel shall be in conformance with the Weld County Flood Regulations including: a. No fill, berms, or stockpiles shall be placed in the One Hundred (100)Year Flood Plain of the South Platte River which would obstruct passage of flood flows. b. All fuel tanks,septic tanks,temporary buildings,and any other hazardous items that might wash away during flooding shall be securely anchored and adequately flood proofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 19. In accordance with the Above Ground Storage Tank Regulations (7CCR 1101-14) a spillage retention berm shall be constructed around the tank battery. The volume retained by the spillage berm should be greater that the volume of the largest tank inside the berm. Alternative protective measures may be allowed provided they comply with the Above Ground Storage Tank Regulations. 20. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum washing and the washing of vehicles in accordance with the Weld County Code,the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 21. Trucks will be tamed immediately upon exiting the plant processing area. 22. The operation shall comply with all applicable rules and regulations of the Federal Emergency Management Agency including a Letter of Map Revision, if determined to be applicable. 23. "No Trespassing"signs shall be posted and maintained on the perimeter fence at all points of ingress and egress to clearly identify the boundaries of the site. 24. Lighting provided for security and emergency night operation on the site shall be designed so that the lighting will not adversely affect surrounding property owners. 25. Section 23-4-290.B of the Weld County Code limits the hours of operation for sand and gravel operations to the hours of day light except in the case of public or private emergency or to make necessary repairs to equipment. Hours of operation may be extended with specific permission from the Weld County Board of County Commissioners.This restriction shall not apply to the operation of administrative and executive offices or repair and maintenance facilities located on the property. 2002-2438 PL1629 DEVELOPMENT STANDARDS-AGGREGATE INDUSTRIES WEST CENTRAL REGION, INC. (USR#1354) PAGE 3 26. Existing trees and ground cover along public road frontage and drainage ways shall be preserved, maintained, and supplemented, if necessary, for the depth of the setback in order to protect against and/or reduce noise, dust, and erosion. 27. Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the reclaimed areas. 28. Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15 of the Weld County Code. 29. The plant material on site shall be maintained in accordance with the approved Weed Eradication Plan. 30. The Department of the Army, Corp of Engineers, shall be notified by a proponent of the project for proper Department of the Army permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act, if any work associated with this project requires the placement of dredge or fill material, and any excavation associated with a dredged or fill project,either temporary or permanent,in waters of the United States which may include streams, open water lakes and ponds or wetlands at this site. 31. The landscaping on site shall be maintained in accordance with the approved Landscape Plan. 32. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 33. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. 34. The property owner or operator shall be responsible for complying with the Open-mining Standards of Section 23-4-250, Weld County Code. 35. Personnel from the Weld County Departments of Public Health and Environment, Public Works,and Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 36. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 2002-2438 PL1629 DEVELOPMENT STANDARDS -AGGREGATE INDUSTRIES WEST CENTRAL REGION, INC. (USR#1354) PAGE 4 37. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special Review has not commenced within three years from the date of approval or is discontinued for a period of three(3)consecutive years,it shall be presumed inactive. The County shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the Use by Special Review. If the Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of Chapter 23, Division 4, of the Weld County Code in order to reestablish any Use by Special Review. 38. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 2002-2438 PL1629 EXHIBIT B I 11111 11111 I III III Nil III II IIII 111111 ICI IWI IIu !III 31*IW2t 06,01rl0)4 12 UP Meld Caer1O. CO • r , I n 11:1 Or P 0 ii) Thin Mv,cn, Cle't& Recorder LE6AL DESCRIPTION q,11/2 1 1'1' a I441.(41.4 I; JIM Y>tI 11AYbkR W7-644* OK AS I1E(L1i67ED 1g11A?T 1 WA W OaY1S A'. - ESi,EPtlal i1lCts 742a4 CJ OE IfECLITV5 OF 1FE WELD (.OWty UAW MV RILOW ADD OEM. PAIR • OF O* WEST SALE *kV AND ~TOP fit aWVMWE-51 WARIER OF lit lWf1 A9t egUM TW Smt/4 1E1/4) N1 HI Yf.naa FkMT pi COMMA, RIP WORTH (1411[ RAW S&T T-SII( M'!,t Ma; OF THE 5514 WmLnM NatViMl ii1I4 VMS :.OAIT7 a' PUT). STATE Of COLORAr)O. rat, (1FYS,ft43) PAR tFt A IMI) (artists OF TWO SEPARATE PMI(B.S OF LAID L(*tt*amt. r77Z AC10.^,. ACRE OR LESS M/•: ALP Ia1,7f• AURA. Wit CR LESS M./ I. (649065 AMEN* a- 3'7!x0 MOVIE OR USS le/-) MV tS saStt TO Mr IASI!Sd'-WAY W 01149 ti10t/ltt)ft+ AS OWINIW UP LIESIERVED DT CIAS1UAAFMTi (F PEI. RD (!Q AS 1DW EXISTN , N SSC flEfi.StrEET P04204 .a I AEt PROPERTY O W N'S APPROVAL 114 aL4!mats' 114 Matti O44•/Or LI2 Ha ale fan IC'•IIQ M ' a *vial CO \/ER 5'-"-=•- -' FOR illi' III '.TPAS CF.:taltill ITttk'(N TNT-,. IN "GA/ OE "' ` Al.. 701p{pT� {,V $ .9Tatt; 11i, A ({xa*Lw) . ,Mi!AU t ,AtII 1t • -•OMPMC'USE St SPECIAL REVIEW # 1354 r I f,//:- - KANOMILLI KEN RESOURCE `E GGI DI ; 3*) ---..._ i9a/� r.`� _ /�p /'` ^ �` ...._-.-.._._.._...___.p__ 1� — a 1tlttSll IRA CT �n AVV•�=V.MT� \../\/JT ? ES — r4CR C 11,E�'OiF>kOt►ri a,ATli7UMl"V/ wA 0gJf'.TY ,* G'6Ir>1V1 TOP, la .•• IAt _,..• OF l�1 .{.� CAR.A- Re_�{7 - Vf.� 'i'a MY [:GWMMtS!.l(AI Fyl. . ,"'IN's, r. ..Op :T� ' J, 15, I . A 'WITIjtSA MT HAW NE, 2T I K..#t aim j :01,449 iv' , . 7 / L LE6/EL DESCRIPTION: �vt t c4Ma-Itt,F, I 01A A i A PAPI•.(! :Jr .mu WAWA PART (1 tar SOVnr'est ()ME-amount wiimeAlT .M ayAR1�M a ht v411.-6 /Y� Y��.1�Qj�•''�J1 NORTH 6CC IV.M PIP£ Oe APO lit 140141 I Ole-OMATTE! MORTHEA6f al-aWttRR M•I N ti VN or Mc 110.!ION' ._ __ / i `�� NOR ! rl go. 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C) !/V X) r.1)"ours l0 PKTJ•tAbl•9/.10 title nitit t.t 4 Al •iYx'T4 05.40'11•YM M rt.'M 1!'F1 HatHat.a I f --'- --'Y L-V 60NCN not MT'EMC,0.4 PI Pet msact P..g..4 SCUT T t1O141e• CMal. ILEA PlEI TO A P%*lt OW 04 MOR11t*.' RONT•r CM'•tsr ,o/, or rep WMfrY IWAD 'J46, Oita Moro Mt TIORI*E'RLT IOCHIS-o'-PLAY Lit P($ lttL' GQMI r maw Y o.km)5.014 410002*►e5T Met PEP' TO A PTAI41 OM AE MORTAR{ T RF6ARy QP•P4Y Lie h'w M alai PA drat KJaJttAV. Tea a-cne fit ROtl drat• argortsop_wAY Lie Post TIE Amok PACI4l. RA4FfAD,k J- ., • •• t Y'S t, vet. 14.22 PICT TO WE ROW or OREPTI ME ! Ott AWNS CIMAIIILIEr PA C.CL .lffAIM. 4661 ACQCS,A O C OR tt`Ya 4It4I.v ' DOST11r,TOOPTT -c* -. ALtfe Int ttt't►1 T 't*C OP THE AWv't Lt!CAblR•L PMILtI. Pal Mho C.C 1' ROAM? 7' AK' P,m.,., `-{alt.t 10 RI WS OP i1AY 01, ati.ONIP ON AS TON extra PlSGlfl'1lOr - LOT D ••.` PARCEL}0PtAAO taaAltt' N ti - :lab POW (41.FAO! 05.1. MV Iii.ten is rrir PQ/ (4) MORt,,Valet '., ' J ''4 TAX TY h .Cr(66) T Cr TIC 6144 Pith.* '/E. PICIWIN ,.L HEW Calm,,GCIORAOO TE*C.NOW PART!-LAaty As _.- - •XGI10f. 4 I.TaReal, CX NC Oree 0tAT NAST OF TIE SQME9 IITt ON.44R In 4)Mr 1 Cl %NI.'Mc T. -• rail(4) 1 TIMR. WRTH NC) YE'..I C7' rte ban PLATO! Nit* AA X*€JtiTtD 44 'Mat (IRIAN DEED UAiti I t71, NIONL 77. •W''.1.ENORQS) M MOMS 1lM,PAi! ii,REP [AURA Gt/lor Amy meta AND►a'4Ypee• Go I. 1141 ,Me N4,N$1VL Pt wagerT4 !Mt ONION PWAO, AIR) tac at. t oat AO POST 410!'aP t AM aAntp.0 to ran wan. rex 11010 narosC' MOSS THE N WRIDE11t r Tat OP The ,a ( a•M nAOT dot- RTts ?Witten $.40W Jt-(Atttd(Mt IN 3V11/4) d SA1V %%A PAM (4) N.otsLAO♦EV St THAT ca Ar.MCP LIAM:Ncrrt`+bETE 140, tat) TIT&a SAE FAA* 209,PhD WATT' GAWK AO ITIV URDEfI NO 1 1 IAAA WI NN A ►(X)i N*N4FA..7P.PtA. t)PPtleV Tr Hitt'(.)t/rrY Pea ME w.≥W, 'n..DAM, ❑ff/!Enh, Ma Hl HOOF JII.Pea eS1 AN' $.TI(S S A Part. CA' LAW Wile TWIT PART 0 tit Sr.a.m4 044t4‘04.0 7QRttAY la awbat tO f : • LMtille A)4)i SNL'SEC TOP4 PATE (SI AN)CMCt1Or D A PA/Ct't 0 LIMO P07W ON Tit At'Al/CD r*on.6 As tot A' NI?IX4.RIQPV i 204 Fat4IVILE THAT LAW tlRAARED TO THE AEON PALPt. RAE ROAR_ AMP t .tAtfle- MAftt UAMPb&L A 5) R YET 0.1444140P-MAT TEMPO TO Yti O Galilt Y(* maw tan !MD. PATTY) i*v M t*1t '4, a* IM my A 'QY.NIAc 4tA! tA&STMELT May at PAM+ 651. Mi) ONLY, ~Stay AVM a 'AIR);.i netnety.w•G[, tt.TltM.E lit tam.t7Pt-HALI ,t*trtt/Att UIC•NiatTICS A. in PE t04)c* 2A4.' SOON peer EV NC) PAUL EN* THAI PAAGti RECQRIwry IN ITOOK at n, 715,raw Galin' Chill[Am flu.i ll. A PATE< . ( ( IAN) WflU 014 fit MIAOW 1SRAe lfr At, tOT A• AND t7P,!TATAWO'EFEGM V*CAitIM THAT INC1. 6ltANTIID 10 Vii 15101 PA:JW(. WAY Rt1AD, Mn ESC-LUDO!. A SO PlXUT onswrSO ray f9ts,Pf to olio • :C. A. I.XISTMt !Pair, MV mealy CWIk N tab kflt. WAG fiAOMtN4- MD LVAaMbt WAr :JAIL Pt tawtY►OR !!Reap MO. VIA, f>,/,11S/ DCGt►le0 M.*4* M eta 71).Pate Stir I '.: - ,K PeCh emote=PARLOR CICS!ASC. ?Ollb4 A(.IE.', Melt .749 s4MS, {K.ALt)Ut, °temNIS hirer Par-e{AT e b' f4'F�,EM.E'O. MA11(tA1ME.t•. NV ',MIDFl1A1[il1FR IF Mk1.F_tiSAtrT. Ili 911 own* U► 11* 1.114/1: it. rain A..?b Rte►!Anti.r 01St it THE ADOK t*ntRnnn'Para Par vet o caw• Is,w i 1 No "s A eI) TO PIACIFL. AtM1t45• MD/at mat itIi t. mar. MD IWQ_1MOdt 9ta.RGT TO RE.4110-0P MAY CV ee1:1SRP ,7M M• Pea Pxlsr — - t_ 71 'M4DE TOMO!. IS REWARD. '1N•I(sail b'4Uaj ',at trail tl NIT Mitt /W YF._4MAOTMt. OAP 114 vitt matzo ARIAS WY %la APNI0V1t T INDU)( MAP a :!!CAMP tr rim PEWS FtCtT AI Mt IS'at&I t re O1/4 1•.'AO1(9EA' AS A REStt 1 tF TIE to LUEN asc MM7Y LittiTHETT saws to Wert MO* 10 114 MOIM[. to Mr Yr&At 'taw MearoIw a.aresvNtlwt, nt APPLKANIONO LT04$ 14L OE P WCAPAOLI rout rahTRYLLMK> n4. tttHIFrav 5TMiair^ AS ante;ism* 7WL'._.14t__-DIET Of. AU. to(( DEVELOPMENT STAIDARD5: :AGAR n r.KTfIrP -x; MAl 'rtu , . WAWA* WEEDS. 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OE WHEW Dl t. t't/JPnajt OP TTk - M. �'' 1 a441OVAL OF Mr, RAW MAT (.IFAl1 A dF',T13> MIDI Fr'T 17'14[ pew awl Tp 'Fi.Ta 7S--M7 a 'i6 A. ML IiPC•ftlAriaaa W SALT CPri1Citlf1EL v*lal 'JMLL tat M. EQl•ra(lA NIA on 14 TlE PELT) WRIT FE(p) PteDRl.T RV PROPER UPAR1MOST OF TIE MOAT PtltlitTO Cie GIL Mitt-. al FERMI ROLME EYTS -.IA I I eve (1t.Gf(ATX)) 7 ', Vtb YAW ( rr cart Plt.l Attar, *must. WCA*I 10 ;IELT4ao a Of n* CikilMS WAlt�) ALT E Mr a ASo(XAA'lP WITH MI', Witt ) s.. P MURE.. TIE PlADIALEMT OF C1RE%NA JR flu AMATFSIUL ML) AY( I:WAVAI KAI AF,P,(X PATH' *t1H A c 44)t y a' -pl.ta. A WA 1�0t /pi 91 (p•• O 1 IMF FN.MftY `Plat! SPERM- Al AC.(LttailE Min 111E APINT:Nfw 171891 LOIM#01 PLAN 111E FALA.ITI A ND ELL, OEJ(M,, W SI(XMVILES SHALL N RNA) N HM at IAMAdV WAS rite 1-114,1) aW3'3ke0 al Fill VRIpit.T. EtiNit TEJW17WAR• OR ISiNtAEZW, Si WA/EYRS a- lit thirty ',1A1L, ' ip:H THE tom#- ��+�Jr. Le,ISA At)) N.V. !A�CON)vI''ttF�trtlf�4.�L� Dirt .N - IV MA,t,WIW. 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An lit nil mum+KA prop,* sons MV rN4.IT*F,- Aft 11014 Y)-3 VAS', (( 15 *WS NAM 3.1111) OE CREAMY 1IN1 THE V4YME a1* IA1t4S1 TASK WAIL THE DEEM. STMLIMlpn Of SEC 11al 29-2•250. VIED LOUT r 070E PL,ANNI COMMISSION CERTIFICATION: N JIMIAT'N PROTFf.17W AFAIlliE. NAT et ALOWE3: PPAM(*P ra4 I i.GKt t WI111 ONE A',ryut Tu-s ,:. TO :!i'IP . NAT TIC NWT ioW71 R.MYML COAtItUC:p,Sew area.) III, CtiRJ G. *AWE MATE'f(W"J SHALL OE MMLtIV, STONED, M/' LAWN ) W A MAMA' NA' ((JIf t?. FIAT.A- 140ID ,.TOW4L TMX EEELWATtat 14 THE Ia4WTY AII'Afi1 CS .YFeAI.ID 51011 ft le*PCat.011 a_W ;.)AR.YEW. At TIT MI OPOT-NI ULT [01!4961 IEWAVEw 10 SE wiry or Guar (amittstmarab. al.CAMTT, GOLONla FAR rat atm. FEMME VFW" MX) Olin! Pf7TINIIN UMSMIk (JAEXT RV. 'operADD') a 5Ei-TKy 75-4.2.0, WELD 44AATIY GOETE. ta*MAIK ftNAt. N{r_ Cl�lt't al MS 01 IKON 1&IIW A75 SOM. Nil fFYlif0 37 All( '43.1(1 F. WAYIHLS &RE'AM W41 (SHIRE ALT. 1+111.111p Mt; PKvfttt ri 5()4AS%F. row nate NERE/M TONS !Mr a IV1R7] .?O_ ) NIW Tin G4.01 SMALL OE OE vaWTWALU, A IHI-. :.T TEL wailing. M 4.141.4i W 1I$ . I) THE WA_NIAV CF ES W AiA IECAYk ro,L4 174: IUD (art ray. mr PItt:> Y, VEit-,Ott t Haw TIE *UP CAW LIT-PAP1MfAVS Of At t.( NElitie ARV I3A'tOthatttr, flak- • MV ld•FAtAt Oar. (I lit WATER 4tol.rt t C(MTVQ WIMILI 6KA All./ ;"s TWITea,WitalA J $67., A►t RNLIAE 'IRVIC,E:. `11411 OK NAMI EP NafathtA alto 88 PW(ATEPry A! WI 9EA:,C4,iyYE • lit S•IF. SAt CSIPATI Itl M1. &W.11- Wit11 At1 ANTI KAOIi w.E;, ANI• vial A toy, •r 11* Alit IiOTELTU%J WV.T II1Nt W (ACRD( TO StiLE HIE Milt!I OVA (,Natty MI a. Ill[ ataefeIT COMA T WITH !Nk. POLLUTION 1.40UTRa irvr)laa UEVITIPSY:IJT 51 AII)AI'frS STATED LIFTMEN ARC. Al I APR WANE til to (/tHTY MA,Altos?, r,IAIO. 1 1• ( . t • r AI►(Ik, LOOVOI SISeLIO eu MEI". Wt.l (E IAfiVID iM,MFLiAltl,i W111 fa)I1t , Ile '✓./W' /StXtx'e1L AAA 9 T4 FN;4 II Y `4441 AU&UE re 14 MAat*M LITOA•,•4 tI HMV, I OPAL', At(1417 IN 'T4 Silt.INIM 1i. 041. ROLE OT WW IM Rtvttww ARIA N404.1 OE LAN TEL it) r.E PL Mt Wet& ARUM III) &OvlilE3) DOWD OF COMTY C0M'1550NERS CINTIFIC,A1 Mt DI5iVI(.• N, f1F•i.IIk•ATEL Iii ACItAi Zi 0105, LP?. Y. 714 elifkAf. i sums WEPT ( Al IH ALI. AMMAN E Mt I. NV STIGMA'tar, Cs TIE FEDFRA DV THE f.%t,Wi, , MAWASTIS MV ALL MTTLICAEY1 'MFlrt CLWI7 I*l4Ltr10A :Arrow-AL calst t - IN.l:V4.it,r MAIiAf,E)itio A.FM'.T ihrnsoflf, A II:I11l' .7! /AAP 19,V'S'(a► It (}TtRATJA li ION Ram DE RAMS OR LJFVuaaoUil :Sl•MVMIt, AS :NO* a1 SIATEO Wets_ SitritrfJE PIN. APPti vh. fif. Imo, t-, It, LW!Her IHAt Tat OCMAU Cl t.WJI' GOMMre.af M. WE:1.L:• ~L D AR•gt*IE NMI) WASMI. AMI' 1 O I ' PALO. It*". Sift CF t%YPMFI, P4 !It $-*4C EE-. MIT MIST Ili+'. N,• '4(11 AN ANMAL1W -HI OF THE Kim? br ti* WELD ;,AIR, COMA a- awtr t.11MMi:Y.)KAti(•. 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FAX 970-304-6498 tparko@weldgov .com October 15 , 2019 Aggregator LLC c/o Ruby Alvarez 812 Gravier Street, Suite 360 New Orleans , LA 70112- 1408 RE : Property located on Parcel ID Nos 105708100029 & 105705400007 To Whom it May Concern , It was brought to my attention that a parcel under your ownership is associated with a Site-Specific Development Plan and Use by Special Review ( USR- 1354) for Mineral Resource Development Facilities for Open Pit Mining and Material Processing , including a Concrete and Asphalt Batch Plant , in the "A" Agricultural Zone District. The USR was signed by the Board of County Commissioners on May 8 , 2004 and recorded on June 1 , 2004 . Note No . 37 on the USR map ( attached hereto) states , "In accordance with Section 23-2-200E [which is now under Section 23-2-290] of the Weld County Code, if the Special Review has not commenced within three years from the date of approval or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive. The County shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or remove the Use by Special Review. If the Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of Chapter 23, Division 4 of the Weld County Code in order to reestablish any Use by Special Review. " Please contact me within thirty (30 ) days of receipt of this letter to discuss the status of the property and the USR . Failure to respond to this letter could result in revocation of the USR as outlined above . Sincerely , Tom Parko Director, Department of Planning Services Cc : Kim Ogle , Principal Planner I { { ltkatilODEPARTMENT OF PLANNING SERVICES 1555 N 17TH AVENUE GREELEY, CO 80631 i 970-400-3572 �0/ G 0 0 N T Y FAX 970-304-6498 tparko@weldgov.com ( , October 15, 2019 ' RML Property Investors, LLC 143 Monroe Street Denver, Colorado 80206-5503 RE: Property located at 22434 Hwy 60, Weld County Colorado 'To Whom it May Concern, It was brought to my attention that a parcel under your ownership is associated with a 'Site-Specific Development Plan and Use by Special Review (USR-1354) for Mineral Resource Development Facilities for Open Pit Mining and Material Processing, including 'a Concrete and Asphalt Batch Plant, in the "A"Agricultural Zone District 'The USR was signed by the Board of County Commissioners on May 8, 2004 and recorded on June 1, 2004 via Reception No 3184928 Note No` 37 on the USR map ;(attached hereto) states, "In accordance with Section 23-2-200E [which is now under Section 23-2-290]of the Weld County Code, if the Special Review has not commenced within three years from the date of approval or is d►scontinued for a period of three (3) consecutive years, it shall be presumed inactive l The County shall initiate an 'administrative heanng to consider whether to grant an, extension of time to commence ,the use or remove the Use by Special Review If the Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of Chapter 23, Division 4 of the Weld County Code in order to reestablish any Use by Special Review" Please contact me within thirty (30) days of the date of this letter to discuss the status of the property and the USR Failure to respond to this letter could result in revocation of the USR as outlined above Sincerely, Tom Parko Director, Department of Planning Services Cc Kim Ogle, Principal Planner 1 1861 DEPARTMENT OF PLANNING SERVICES r/ 1 �F; 1555 N 17TH AVENUE GREELEY,CO 80631 � � 970-400-3572 G .--F-4110 U tl T Y FAX 970-304-6498 tparko@weldgov corm October 15, 2019 { SW Spruce Mountain, LLC 812 Gravier Street, Suite 360 New Orleans, LA 70112-1408 RE: Property located at Parcel ID No. 105708100028 To Whom it May Concern, It was brought to my attention that a parcel under your ownership is associated with a Site-Specific Development Plan and Use by Special Review (USR-1354) for Mineral Resource Development Facilities for Open Pit Mining and Material Processing, including a Concrete and Asphalt Batch Plant, in the "A"Agricultural Zone District The USR was signed by the Board of County Commissioners on May 8, 2004 and recorded on June 1, 2004 Note No 37 on the USR map (attached hereto) states, "In accordance with Section 23-2-200E[which is now under Section 23-2-290)of the Weld County Code, if the Special Review has not commenced within three years from the date of approval or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive The County shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or remove the Use by Special Review If the Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of Chapter 23, Division 4 of the Weld County Code in order to reestablish any Use by Special Review" Please contact me within thirty (30) days of receipt of this letter to discuss the status of the property and the USR Failure to respond to this letter could result in revocation of the USR as outlined above Sincerely, Tom Parko Director, Department of Planning Services Cc Kim Ogle, Principal Planner � , zd�Z( 1'M - - - _ -- i SENDER : COMPLETE THIS SECTION COWL" IE THIS SECTION ON DELIVERY • Complete Items 1 , 2, and 3. A. Signature • Print your name and address on the reverse X cp Agent ) ❑ Addressee so that we can return the card to you. 74 l � v Attach this card to the back of the mailpiece, B. Received y (Printed Name) C. Date of Delivery or on the front if space permits. £&tkq "b . .4) sA re Z lot ) )___2? 1 . Article Addressed to D. is delive address different from item 1 ? O Yes r C 4 ity / / If YES, enter delivery address below: O No ogle (/p ' (az9 ik-A8VE z ...-- S / 2 ( r4viv9 miLvf)r- walicD 3. Service Type O Priority Mail Express® IIIIIII III 111111 1 11 II I II III O Adult Signature O Registered MarITM O Adult Signature Restricted Delivery O Rog istorod Mail Restricted 9590 7094 9 6 8 ed Mali® Delivery 9402 2949 6 5 66 O Certified Mall Restricted Delivery O Return Receipt for O Collect on Delivory Merchandise 2. Article Number (Transfer from service label) O Collect on Delivery Restricted Delivery ❑ Signature Confirmation°n" ' ' ' • , Il ❑ Signature Confirmation 7 017 11450 0002 1760 6542 ill Restricted Delivery Restricted Delivery PS Form 3811 , July 2015 PSN 7530-02-000-9053 Domestic Return Receipt a- . A 1 ' ' 4 . SENDER : COMPLETE THIS SECTION COMPI. TTc THIS 'ECTION ON DELIVERY ■ Complete items 1 , 2, and 3. A. Signature I . i it Agent • Print your name and address on the reverse X so that we can return the card to you. _ � fir O Addressee ■ Attach this card to the back of the mailpiece, 13. Receiv9d by (Printed Name) Dat D ery or on the front if space permits. ft A I RY i öE7 Sri! _ M 1 . Article Addressed to: D. is delivery dddress different from Item 1 ? es If YES, enter delivery address below: Q No 2 ill L fat qffitej inveffrs Iii3 ,t4q,y) vue ' Sie J ,nVir (0gg2I iiii11111 Emu 1 1 1 11 1 1 1 , ,i. I 3. Service Typo O Priority Mall Express® ❑ Adult Signaturo O Registered Malin' O Adult Signature Restricted Delivery O Registered Mall Restricted ❑ Certified Malle Delivery 9590 9402 2949 7094 9665 97 CI Certified Mail Restricted Delivery O Return Receipt for O Collect on Delivery Merchandise p .Artinln Na Imhnr ITransfor from service lab°l) 0 Collect on Delivery Restricted Delivery O Signature Confirmation"'' ill O Signature Confirmation 7017 1450 0002 1760 6566 ail Restricted Delivery Restricted Delivery PS Form 3811 , July 2015 PSN 7530-02-000-9053 Domestic Return Receipt , q., rate v , v SENDER : COMPLETE THIS SECTION COMPLETE 'THIS SECTION ON DELIVERY • Complete items 1, 2, and 3. A. Signature PARee ■ Print your ngme.and address on the reverse X L ' Agent ■ Attach this card to the back of the mailptece, 8• Receive by (Printed Name) C. Date of Delivery or on the front if space permits. _ ftAhz] . /41 v r ,• " 2 1 G' I a ) - , i 1. Article Addressed to: W. D. Is deliver address different from item 1 ? O Yes • SIT A 1 - • I l� LL( if YES, enter delivery address below: ❑ No nice- air/i Ale W e("MAC 0 709112_ t ,S• _300 4J2éJr4v/ilSt 3. Service Type O Priority Mail Express® ❑ Adult Signature O Registered Mall" ❑ Adult Signature Restricted Delivery O Registered Mall Restricted 9590 9402 2949 7094 9665 73 o CCetlifieedd Mall Restricted Delivery O Delivery Receipt for D Collect on Delivery Merchandise 2. Art-irla Ni arnhar TTrnncfnr frnm cantina Inhoil 0 Collect nn rinlivery Restricted Delivery O Signature ConflrmationTTM 7017 1450 0002 1760 6559 estricted Delivery Q ReSistricted Confirmation July . , Domestic Return Receipt PS Form 3811 , 2015 PSN 7530-02-000-9053 Tom Parko Jr. From: Barb Brunk < barbb@dgmllc.com > Sent: Thursday, January 16, 2020 3 : 14 PM To: Tom Parko Jr. Cc: Reggie Golden ; Mark Miller; Harvey E. Deutsch ( harvey@prospectllc. com) Subject: USR 1345 I Caution : This email originated from outside of Weld County Government, Do not click links or open attachments unless you recognize the sender and know the content is safe. Tom , I am circling back re the request to extend this permit. I have come full circle to find the other landowner in the USR and will have authorization to proceed on their behalf to request the extension of the permit by Monday . Process is to send you a letter with the cause for the delay getting started and request an extension and then go to the Board to ask permission ? Barb Barb Brunk Resource Conservation Partners, LLC P.O. Box 1522 Longmont, CO 80502 Fax (303)702-0585 EXHIBIT Cell (303)775-6180 barbb@dgmllc.com -g , Tom Parko Jr. From: Barb Brunk <barbb@dgmllc corn> Sent: Tuesday, December 3,2019 9 41 AM To: Mark Miller,Tom Parko Jr Cc: Reggie Golden,Jeremy pritchett@lafargeholcim corn Subject: RE USR-1354 Caution This email originated from outside of Weld County Government.Do not click links or open attachments unless you recognize the ,i sender and know the content is safe Tom, We will call you tomorrow afternoon,3 30 Mountain time Can you conference two calls or do want me to set up a call in number? Barb From: Mark Miller<mark miller@aggregate-us corn> Sent:Tuesday, December 03,2019 6 27 AM To:Tom Parko Jr <tparko@weldgov corn> Cc: Barb Brunk<barbb@dgmllc corn>, Reggie Golden<reggieg@dgmllc corn>,Jeremy pntchett@lafargeholcim corn Subject:Re USR-1354 That works for me On Mon, Dec 2,2019 at 2 27 PM Tom Parko Jr <tparko@weldgov.com>wrote I How about 3 30 pm this Wednesday?You can call my direct office line at 970-400-3572 From:Barb Brunk<barbb@dgmllc corn> Sent: Monday, December 2, 2019 1145 AM To:Tom Parko Jr <tparko@weldgov corn> Cc: Reggie Golden<reggieg@dgmllc corn>, Mark Miller<mark miller@aggregate-us.com>, leremv pritchett@lafargeholcim corn Subject: RE USR-1354 Caution.This email originated from outside of Weld County Government Do not click links or open attachments unless you recognize the sender 'and know the content is safe Can we set up a conference call to go over this sometime this week I have conflicts all day Tuesday and Thursday morning Will any time Wednesday,Thursday afternoon or Friday morning work for you? I can also meet you in Greeley if that works better We will most likely need to have the Al representative on the phone Let me know Barb 1 I t I From:Tom Parko Jr <tparko@weldgov corn> I Sent: Monday, December 02,2019 10 53 AM I To: Barb Brunk<barbb@dgmlic corn> Cc: Reggie Goliden<reggieg@dgmlic corn>, Mark Miller<mark miller@aggregate-us corn> Subject: RE USR-1354 Barb, i t Good morning I hopeyou all had a nice Thanksgiving Did you all decide on a date and time to meet? g g I Sincerely, 1 Tom Parko Director, Dept of Planning Services Weld County 1 i From. Barb Brunk<barbb@dgmlic corn> Sent:Tuesday, November 19, 2019 12 41 PM To:Tom Parko Jr <tparko@weldgov corn> Cc. Reggie Golden<reggieg@dgmlic corn>, Mark Miller<mark miller@aggregate-us corn> Subject: RE USR-1354 i I Caution This email originated from outside of Weld County Government Do not click links or open attachments unless you recognize the sender 1 and know the content is safe j I I will circle back with Aggregate and let you know what works for Mark 1 I I Barb I 11 From:Tom Parko Jr <tparko@weldgov corn> 1 Sent:Tuesday, November 19,2019 7 55 AM 1 To• Barb Brunk<barbb@dgmlic corn> 2 Cc:Christine FELZ<christine felz@lafargeholcim com>, Reggie Golden<regeleg@dsmIIc.com> Subject: RE USR-1354 Barb, Good morning I have some time on November 25th between 2pm and 4 30pm and on the 26th between 10.30 and Noon or 3 30 to 4 30 If those dates don't work we can shoot for a time December 2nd—6th Sincerely, Tom Parko Director, Dept of Planning Services Weld County From: Barb Brunk<barbb@ dsmllc corrt> Sent:Tuesday, November 19,2019 7 49 AM To:Tom Parko Jr <tparko@weldeov.com> Cc:Christine FELZ<christine.felz@lafargeholcim corn>, Reggie Golden<reggiegPdgmllc corn> Subject: USR-1354 Caution This email originated from outside of Weld County Government Do not click links or open attachments unless you recognize the sender and know the content is safe I am following up regarding the Milliken USR on property owned by RML Property Investors, LLC referenced above to find a time to discuss the status of this permit as requested in your letter dated October 15,2019 Please let me know the best time for you Barb Barb Brunk Resource Conservation Partners,LLC P D Box 1522 3 I Longmont,CO 80502 Fax(303)702-0585 ' I Cell(303)775-6180 barbb1 damllc.corn Mark Miller,LEEDI Green Associate Director of Land and Environment LafargeHolcim,Texas Louisiana Region Lattimore Materials Corp I Lafarge 15900 Dooley Road Addison,TX.75001 P.972-221-4646 C 702-358-7280 F 972-221-5226 ' http//www aggregate-us corn mark miller@aggregate-us corn This email is confidential and intended only for the use of the above named addressee.If you have received this email in error,please delete it immediately and notify us by email or telephone 4 =y EXHIBIT ` DEPARTMENT OF PLANNING SERVICES 1555 N . 17th Avenue , Greeley , CO 80631 Email : mhall@co . weld . co . us Q T 1 Phone : ( 970 ) 400- 3528 1 Fax : ( 970) 304-6498 March 13 , 2020 Aggregator, LLC Certified Mail : 7019 1120 0002 3004 4277 812 Gravier Street , Suite 360 New Orleans , LA 70112- 1408 Parcel Numbers : 105704300030 , 105704300032 , 105705400007 , 105708100029 Legal Description : Part of Lot B of Recorded Exemption RE- 3097 ; being part of Section 4 . Section 5 and Section 8 of T4N , R66W of the 6th P . M . , Weld County , CO Subject : USR- 1354 not commenced To whom it may concern , Use by Special Review USR- 1354 was for a mineral resource development facility for open pit mining and materials processing , including an asphalt batch plant known as the Milliken Resource Site . The applicant is Aggregate Industries West Central Region , Inc . The USR was approved by the Board of County Commissioners on September 25 , 2002 and recorded on June 1 , 2004 , reception number 3184928 . An associated Division of Reclamation , Mining and Safety ( DRMS) 112 mining permit M -2000- 087 was approved on January 12 , 2001 and is valid as documented in the Mineral Reclamation Permit 2020 Annual Report . As of March 9 , 2020 . the Use by Special Review has not commenced which is supported by the most recent inspection by DRMS staff in 2016 . The properties included in within the USR boundary are owned by Aggregator LLC , RML Property Investors , LLC and SW Spruce Mountain , LLC . Previously , all three companies were contacted by the Planning Department via letter dated October 15 , 2019 , sent by Certified Mail , regarding the status of commencing the USR . In response to the County letter , a representative of the property owners , Ms . Barb Brunk from Resource Conservation Partners , LLC , corresponded with Mr . Tom Parko Jr . , Weld County Planning Director . and expressed the property owners ' intent to request an extension of time for commencing the mining operation . Development Standard # 37 states : " In accordance with Section 23-2-200 . E of the Weld County Code , if the Use by Special Review has not commenced within three years from the date of approval or is discontinued for a period of three ( 3 ) consecutive years , it shall be presumed inactive . The County shall initiate an administrative hearing to consider whether to grant and extension of time to commence the use or revoke the Use by Special Review . If the Use by Special Review is revoked , it shall be necessary to follow the procedures and requirements of Chapter 23 , Division 4 of the Weld County Code in order to reestablish any Use by Special Review. " Section 23-2-290 . A of the Weld County Code states : " Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within three ( 3 ) years from the date of approval , unless otherwise specified by the Board of County Commissioners when issuing the original Permit , or the Permit shall be vacated . The Director of Planning Services may grant an extension of time , for good cause shown , upon a written request by the landowner. " Due to the length of time that has elapsed from 2004 to 2020 , the request for an additional extension of time will be presented to the Board of County Commissioners for consideration . USR - 1354 will be heard before the Board of County Comm ssioners on April 1 , 2020 at 9 : 00 a . m . at the Weld County Administration Building , located at 1150 O Street, Greeley , CO 80631 . You are encouraged to attend this hearing or send an appointed representative . The purpose of the hearing will be for the Board of County Commissioners to consider granting an extension of time to commence the USR permit or to consider revoking the USR permit . If the property owners choose to withdraw the USR application , pleaseemailthisintentiontomhall@weldgov . combyMarch31 ; 2020 . Regards , Cc : Tom Parko Jr . , Planning Director Kim Ogle , Principal Planner Barb Brunk , Consultant Michael Hall , Planner II Chance Allen , Operator -,A0 DEPARTMENT OF PLANNING SERVICES % 1555 N 17th Avenue, Greeley CO 80631 � Fri Email mhall@co weld co us GOUNTY Phone (970)400-3528 ' Fax (970) 304-6498 March 13, 2020 RML Property Investors, LLC Certified Mail 7019 1120 0002 3004 4291 143 Monroe Street Denver, CO 80206-5503 Parcel Numbers 105708200002, 105708000021 Legal Description Part of Lot B of Recorded Exemption RE-1586, being part of Section 8, T4N, R66W of the 6th P M , Weld County, CO Subject USR-1354 not commenced To whom it may concern, Use by Special Review USR-1354 was for a mineral resource development facility for open pit mining and materials processing, including an asphalt batch plant known as the Milliken, Resource Site The applicant is Aggregate Industries West Central Region, Inc The USR was approved by the Board of County Commissioners on September 25,2002 and recorded on June 1,2004, reception number 3184928 An associated Division of Reclamation, Mining and Safety(DRMS) 112 mining permit M-2000-087 was approved on January 12, 2001 and is valid as documented in the Mineral Reclamation Permit 2020 Annual Report As of March 9, 2020, the Use by Special Review has not commenced which is supported by the most recent inspection by DRMS staff in 2016 The properties included in within the USR boundary are owned by Aggregator LLC, RML Property Investors, LLC and SW Spruce Mountain, LLC Previously, all three companies were contacted by the Planning Department via letter dated October 15, 2019, sent by Certified Mail, regarding the status of commencing the USR In response to the County letter, a representative of the property owners, Ms Barb Brunk from Resource Conservation Partners, LLC, corresponded with Mr Tom Parko Jr, Weld County Planning Director, and expressed the property owners' intent to request an extension of time for commencing the mining operation Development Standard#37 states "In accordance with Section 23-2-200 E of the Weld County,Code, if the Use by Special Review has not commenced within three years from the date of approval or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive The County shall initiate an administrative hearing to consider whether to grant and extension of time to commence the use or revoke the Use by Special Review If the Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of Chapter 23, Division 4 of the Weld County Code in order to reestablish any Use by Special Review" Section 23-2-290 A of the Weld County Code states "Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within three(3)years from the date of approval, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the landowner" Due to the length of time that has elapsed from 2004 to 2020,the request for an additional extension of time will be presented to the Board of County Commissioners for consideration USR-1354 will be heard before the Board of County Commissioners on April 1, 2020 at 9 00 a m at the Weld County Administration Building, located at 1150 O Street, Greeley, CO 80631 You are encouraged to attend this hearing or send an appointed representative The purpose of the hearing will be for the Board of County Commissioners to consider granting an extension of time to commence the USR permit or to consider revoking the USR permit If the property owners choose to withdraw the USR application, please email this intention to mhall@weldgov com by March 31, 2020 Regards, Cc Tom Parko Jr, Planning Director al, /a/ I, Kim Ogle, Principal Planner Barb Brunk, Consultant Michael Hall, Planner II Chance Allen, Operator 4:4864. DEPARTMENT OF PLANNING SERVICES 1555 N 17th Avenue, Greeley, CO 80631 ffil- 15 Lr+l ��1 Email mhall@co weld co us o_ T--�S Phone (970)400-3528 Fax (970) 304-6498 March 13, 2020 SW Spruce Mountain, LLC Certified Mail 7019 1120 0002 3004 4284 812 Gravier Street, Suite 360 New Orleans, LA 70112-1408 Parcel Numbers 105708100028, 105704300028, 105704300029, 105704300031 Legal Description Part of Lot B of Recorded Exemption RE-3097, being part of Section 4 and Section 8 of T4N, R66W of the 6th P M , Weld County, CO Subject USR-1354 not commenced To whom it may concern, Use by Special Review USR-1354 was for a mineral resource development facility for open pit mining and materials processing, including an asphalt batch plant known as the Milliken Resource Site The applicant is Aggregate Industries West Central Region, Inc The USR was approved by the Board of County Commissioners on September 25,2002 and recorded on June 1,2004, reception number 3184928 An associated Division of Reclamation, Mining and Safety(DRMS) 112 mining permit M-2000-087 was approved on January 12,2001 and is valid as documented in the Mineral Reclamation Permit 2020 Annual Report As of March 9, 2020, the Use by Special Review has not commenced which is supported by the most recent inspection by DRMS staff in 2016 The properties included in within the USR boundary are owned by Aggregator LLC, RML Property Investors, LLC and SW Spruce Mountain, LLC Previously, all three companies were contacted by the Planning Department via letter dated October 15', 2019, sent by Certified Mail, regarding the status of commencing the USR In response to the County letter, a representative of the property owners, Ms Barb Brunk from Resource Conservation Partners, LLC, corresponded with Mr Tom Parko Jr, Weld County Planning Director, and expressed the property owners' intent to request an extension of time for commencing the mining operation Development Standard#37 states "In accordance with Section 23-2-200 E of the Weld County Code, if the Use by Special Review has not commenced within three years from the date of approval or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive The County shall initiate an administrative hearing to consider whether to grant and extension of time to commence the use or revoke the Use by Special Review If the Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of Chapter 23, Division 4 of the Weld County Code in order to reestablish any Use by Special Review" Section 23-2-290 A of the Weld County Code states "Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within three(3)years from the date of approval,unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated The Director of Planning Services may grant an extension of time, for good cause shown, upon a wntten request by the landowner" Due to the length of time that has elapsed from 2004 to 2020,the request for an additional extension of time will be presented to the Board of County Commissioners for consideration USR-1354 will be heard before the Board of County Commissioners on April 1, 2020 at 9 00 a m at the Weld County Administration Building, located at 1150 O Street, Greeley, CO 80631 You are encouraged to attend this hearing or send an appointed representative The purpose of the hearing will be for the Board of County Commissioners to consider granting an extension of time to commence the USR permit or to consider revoking the USR permit If the property owners choose to withdraw the USR application, please email this intention to mhall@weldgov com by March 31, 2020 Regards, /21 Cc Tom Parko Jr, Planning Director Kim Ogle, Principal Planner Barb Brunk, Consultant Michael Hall, Planner II Chance Allen, Operator I U . 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PS Form 3800, April 2015 PSN 7530 02-000 9047 See Reverse for Instructions Michael Hall From : Michael Hall Sent: Friday, March 13, 2020 10: 36 AM To: barbb@dgmllc. com ; chance . allen@aggregate - us. com Cc: Tom Parko Jr.; Kim Ogle Subject: USR - 1354 Hearing Notice - Milliken Site Attachments: USR - 1354 Letter - Aggregator. pdf; USR - 1354 Letter - RML Property Investors. pdf; USR - 1354 Letter - SW Spruce Mountain . pdf Barb and Chance , USR - 1354 ( Milliken Resource Site ) will be heard before the Board of County Commissioners on April 1 , 2020 at 9 : 00 a . m . at the Weld County Administration Building, located at 1150 O Street, Greeley, CO 80631 . The purpose of the hearing is for the BOCC to consider granting an extension of time to commence the use or revoke USR - 1354 . An appointed representative is strongly encouraged to attend the hearing . The property owners, Aggregator, LLC, RML Property Investors , LLC and SW Spruce Mountain , LLC were sent letters on March 13 , 2020, notifying them of the hearing via certified mail . See attached letters for reference . Thanks Michael Hall Planner II 1555 N 17th Ave Greeley, CO 80631 ( 970 ) 400-3528 mhall@co . weld . co . us LP r � coLN Confidentiality Notice : This electronic transmission and any attached documents or other writings are intended only for the person or ertity to which it is addressed and may conta n information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or ary attachments by anyone other than the named recipient is strictly prohibited . 1 Bri White From: Esther Gesick Sent: Tuesday, March 17, 2020 11:14 AM To: Bri White Cc: Chloe Rempel; Michael Hall Subject: FW: USR-1354 BOCC hearing postponed Hi Bri, UPDATED: Please also print this email string and include it in the packet as evidence of notice for the date change. Thank you! Based on the email below and the calendar appointment I just updated, please pull the USR-1354 Extension packet from the 4/1 Agenda tray and update it to 5/20, and also do the same to move the Draft Resolution in the AgPending folders. Thanks! Esther E. Gesick Clerk to the Board 1150 O Street'P.O. Box 758'Greeley, CO 80632 tel: (970)400-4226 Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Barb Brunk<barbb@dgmllc.com> Sent:Tuesday, March 17, 2020 10:21 AM To: Esther Gesick<egesick@weldgov.com>; Michael Hall <mhall@weldgov.com> Cc: CTB<CTB@co.weld.co.us>; Tom Parko Jr. <tparko@weldgov.com>; Kim Ogle<kogle@weldgov.com> Subject: RE: USR-1354 BOCC hearing postponed Caution:This email originated from outside of Weld County Government.Do not click links or open attachments unless you recognize the sender and know the content is safe. Esther, Thank you for being there today! Please schedule us for Wednesday, May 20th of that can work for the Board and Staff. Barb From: Esther Gesick<egesick@weldgov.com> Sent:Tuesday, March 17, 2020 10:17 AM To: Michael Hall <mhall@weldgov.com>; Barb Brunk<barbb@dgmllc.com> Cc: CTB <CTB@co.weld.co.us>;Tom Parko Jr. <tparko@weldgov.com>; Kim Ogle<kogle@weldgov.com> Subject: RE: USR-1354 BOCC hearing postponed Hello All, 1 Rather than delete a pending 9:00 Planning item from the calendar, I'd like to go ahead and push this Extension request out to a new tentative date just to keep it on everyone's radar. Based on the discussion below, please let me know which Monday or Wednesday in May would work (other than 5/25 Closed for Memorial Day) and I'll update the calendar and use the conclusion of this written communication as concurrence and notification to the applicant to be included in the file. If the current health situation changes, we can always reschedule again, if needed. Please advise. Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 tel: (970)400-4226 " '4 Ir Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Michael Hall <mhall@weldgov.com> Sent: Monday, March 16, 2020 3:35 PM To: Barb Brunk<barbb@dgmllc.com> Cc: CTB <CTB@co.weld.co.us>;Tom Parko Jr. <tparko@weldgov.com>; Kim Ogle<kogle@weldgov.com> Subject: RE: USR-1354 BOCC hearing postponed Barb, Sounds good. I will keep you updated as things iron-out later this spring. Stay safe! Michael Hall Planner II 1555 N 17th Ave Greeley, CO 80631 (970)400-3528 mhall@co.weld.co.us1,t COI Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. • From: Barb Brunk<barbb@dgmllc.com> Sent: Monday, March 16, 2020 3:21 PM 2 To: Michael Hall <mhall@weldgov.com> Cc:CTB <CTB@co.weld.co.us>; Tom Parko Jr. <tparko@weldgov.com>; Kim Ogle<kogle@weldgov.com> Subject: RE: USR-1354 BOCC hearing postponed Caution:This email originated from outside of Weld County Government.Do not click links or open attachments unless you recognize the sender and know the content is safe. Michael, I plan to represent the landowners and attend the hearing. I am staying out of public places until the CDC advice on "social distancing" changes for the at risk population. If it is possible, please put us at the end of the back log, maybe we will all be a little safer in May? Let me know what works for you and the Board and I will make it work.Thank you and stay safe! Barb From: Michael Hall <mhall@weldgov.com> Sent: Monday, March 16, 2020 1:46 PM To: Barb Brunk<barbb@dgmllc.com> Cc: CTB<CTB@co.weld.co.us>; Tom Parko Jr. <tparko@weldgov.com>; Kim Ogle<kogle@weldgov.com> Subject: USR-1354 BOCC hearing postponed Barb, Planning staff has received direction from the Board of County Commissioners that all hearings will be postponed until after April 155h, 2020. USR-1354 was scheduled before the BOCC on April 1st and will no longer be heard that day. Because of the postponement,there will be a delay and backlog of cases to be heard by the BOCC. Please indicate your availability for a 9am Monday or Wednesday hearing after April 15th, and we will do our best to accommodate your preferred date and reschedule the hearing. Regards, Michael Hall Planner II 1555 N 17th Ave Greeley, CO 80631 (970)400-3528 mhall@co.weld.co.us x 41".„2,, Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Michael Hall Sent:Thursday, March 12, 2020 3:34 PM 3 To: Barb Brunk<barbb@dgmllc.com> Subject: RE: USR-1354 BOCC hearing I will discuss with the Clerk to the Board and confirm the date if it is still available. Standby for a follow-up. Michael Hall Planner II 1555 N 17th Ave Greeley, CO 80631 (970)400-3528 mhall@co.weld.co.us ""` Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Barb Brunk<barbb@dgmllc.com> Sent:Thursday, March 12, 2020 12:42 PM To: Michael Hall <mhall@weldgov.com> Subject: RE: USR-1354 BOCC hearing Caution:This email originated from outside of Weld County Government.Do not click links or open attachments unless you recognize the sender and know the content is safe. Michael, April 1 will work better for me if that can work for you. Let me know. Barb From: Michael Hall <mhall@weldgov.com> Sent:Thursday, March 12, 2020 7:51 AM To: Barb Brunk<barbb@dgmllc.com> Subject: USR-1354 BOCC hearing Hi Barb, I have been assigned to take USR-1354 for Aggregate Industries to the BOCC to consider an extension of time for USR- 1354. Would you prefer a hearing on Wednesday: March 25th or April 1st? Hearings are at 9 am at the Weld County Admin Building. Thank you, Michael Hall 4 AGGREGATE INDUSTRIES May 12,2020 Tom Parko Director of Planning Services-Weld County 1555 N. 17th Avenue Greeley,Colorado 80631 Re: USR 1354-Weld County,Colorado RE: USR 1354 Dear Tom, As you know,Aggregate Industries WCR, Inc. (Aggregate)applied for and received a Use by Special Review(USR)from Weld County on September 25, 2002(USR 1354). USR 1354 was intended for Aggregate to mine alluvial sand and gravel at the site and the final maps were recorded on June 1,2004. Around this time,Aggregate completed the necessary environmental resource assessments and obtained a Colorado Division of Reclamation Mining and Safety(DRMS) 112 Construction Materials mine permit(M-2000-087). As part of the 112 permit,Aggregate was required to demonstrate an acceptable mining and reclamation plan for the site as well as post a reclamation financial surety bond with the DRMS. Since the time of initial approval by Weld County and the DRMS, market conditions have not allowed us to develop the property as an operable mine. We have, however, performed the following: • Maintained the property in agricultural condition • Allowed the development of oil and gas production and conveyance by RML Property Investors, LLC. • In 2008,Aggregate placed initiation of new mining sites on hold pending more favorable economic conditions. • Aggregate has since focused on mining and reclamation of existing operations within Weld County to meet our production demands. As market and reserve conditions have changed within our business,Aggregate is now ready to move forward to begin mining this property. Therefore,we would like to request an extension of our approved USR 1354 from Weld County. Beginning this year,Aggregate will work with Weld County Staff to comply with the conditions stipulated within USR 1354. The conditions stipulated within the USR include: • Obtain a Flood Plain Development Permit from Weld County; AGGREGATE INDUSTRIES • Update our existing environmental resource evaluations and perform any additional evaluations required for USACE or USFWS concurrence or permits. We will provide Weld County with any updated evaluations and/or reports; • Coordinate with Union Pacific Rail Road (UPRR)to present our plans for conveyor crossing. We will work with UPRR to get approval and develop a schedule for conveyor crossing construction; and • We will install monitoring wells in and around our proposed mining areas and begin monthly ground water monitoring. We will use data from this monitoring to develop an understanding of the groundwater conditions at the site. We estimate that it will take between 12 and 18 months to obtain the updated information and required permits. Given this and an assumption of no significant market conditions related to current national events,we anticipate that active mining will commence in 2022. Aggregate has mailed notices to neighbors within 300 feet of the property boundary informing them of our plans for future mining on the property, including site preparation activities this year. We request that Board extend the USR to mine sand and gravel on this property through December 31, 2027. We are committed to meeting all USR and DRMS requirements for operating this site and appreciate your consideration of Aggregate's extension request. Sincerely, Jeremy Deuto, P.E., P.G. Regional Land and Environment Manager Aggregate lndustries-WCR Inc Letter from RML Property Investors Requesting and Extension Harvey E. Deutsch 143 Monroe Street ' Denver, Colorado 80206 303-667-1265 harvey@prospectllc.com January 22,2020 Tom Parko Director of Planning Services-Weld County 1555 N. 17th Avenue Greeley, Colorado 80631 Re: USR 1354-Weld County,Colorado The undersigned is a manager of RML Property Investors LLC,the owner of a parcel of property comprising 220 acres permitted for gravel excavation in Weld County, Colorado. This letter is to authorize Barbara Brunk,our planning consultant of Resource Conservation Partners LLC,to file a request on behalf of the owner to extend the permit(USR 1354)for an additional seven(7)years. Ms. Brunk will be furnishing a separate memo explaining the delay in gravel excavation commencement,the current status of the property and the basis for an extension. If you have any questions,please advise. Very truly yours, RML PROPERTY INV TO , S LC ey E. Deutsch, Manager cc: Barbara Brunk Reggie Golden May 7,2020 Tom Parko Director of Planning Services-Weld County 1555 N. 17th Avenue Greeley,Colorado 80631 Re: USR 1354-Weld County,Colorado RE: USR 1353 Dear Tom, The undersigned is a manager of Aggregator LLC,the owner of a parcel of property permitted for gravel excavation in Weld County,Colorado.This letter is to authorize Barbara Brunk,of Resource Conservation Partners LLC,to file a request on behalf of the owner to extend the permit(USR 1354)for an additional seven (7)years. Ms. Brunk will be furnishing a separate memo explaining the delay in gravel excavation commencement,the current status of the property and the basis for an extension. If you have any questions, please advise. Very truly yours, AGGREGATOR, LLC X5/7"‘(-- BY: cc: Barbara Brunk Reggie May 15, 2020 Tom Parko Director of Planning Services-Weld County 1555 N. 17th Avenue Greeley,Colorado 80631 Re: USR 1354-Weld County,Colorado RE: USR 1353 Dear Tom, The undersigned is a authorized agent of SW Spruce Mountain, LLC,the owner of a parcel of property permitted for gravel excavation in Weld County,Colorado.This letter is to authorize Barbara Brunk,of Resource Conservation Partners LLC,to file a request on behalf of the owner to extend the permit(USR 1354)for an additional seven(7)years. Ms. Brunk will be furnishing a separate memo explaining the delay in gravel excavation commencement,the current status of the property and the basis for an extension. If you have any questions, please advise. Very truly yours, SW SPRUCE MOUNTAIN, LLC BY: WS, lam A vv4-1 Au-tith'1i J AyAat cc: Barbara Brunk Reggie Notice Map and Mailing Labels For 300' Properties Search by _ __ 1•, + ��s i ._ r•0 is l7� .A r♦ I 1 1. 0: . ii*/#4 .4, �J ,_ ;.l .yam. • 0 rti.e. f i Sc . • +• •� s'' lc .Qy[J- -.0 i 0 • • • 1. 1 . : 1r • . NY. .) r —1F. i r •• \{ 1 I I - I Ili . ' ,... 4,. It I ,,Iftil 44: . I - + ""'�ti r�di 44 .. _ IN._ I a 1 ilL frills it I -. dee • _ - .41 e• a. . 4i ,_ a..°t a'..y. 111 • . •. �. ■ • ■ - ` _ ., - -.- j - t in -may _I - • .l•- ige/rA il: I 4•`. Jai.40 IA ! '. A.s a ti! It• , a _• • -_ _ ♦• lir t r , ri , . • ifer-----it I . de t . lip 10011" le I iii: A c'u•r• T - RSa _ _t—. _ - - , a • • v t • Is. I t Osissemousimearommeaigmerile ' i . i 6 . . r� NI:10 lairHarWa041,5:49.. ' a ili ,..4- , t 4,1 ..,, • .. dor j , ) l ,. . , . . ill) . --7 • • • • ' OIL � — •... / '� I le • 1. l`-'''I es. ire 141 a ... .._ - . „ t ' 4 . ` derIll, "IP— — t� �1; ,,,�ti ' • Ida ,y� 1 T:. , - i cli I 1; f - i1111 . 11 $ ! 1 }bb. . 466%,•-.4D• if 1/440 r1/4 4.1) _ 4 i 7 .,-e• r I .... ,r lf7 r • '1 lir le r ' CC ike. f � . - - C7 ! rte= I. rir , t ' , Th 1 'sj[ e , b ' -, Ki r .4 ID IV D4 K , ill 4 • '� . _44._ .' stillpritH Milliken Resource USR 300' Notice Parcels [BasemaPs i <<io �� • too, .r :.. • r> .I�`ak le i Weld County 5/7/2020 0 0.2 0.4 m i AGGREGATE INDUSTRIES-WCR INC AGGREGATOR LLC C/O RUBY ALVAREZ ARMITAGE DANIEL&ALEXANDRA 1687 COLE BLVD STE 300 812 GRAVIER ST STE 360 22544 STATE HIGHWAY 60 LAKEWOOD,CO 804013318 NEW ORLEANS, LA 701121408 MILLIKEN, CO 805439420 DANIELS HAROLD L&MADELINE P DANIELS HAROLD L&MADELINE P DEPARTMENT OF TRANSPORTATION PO BOX 7356 PO BOX 7356 STATE OF COLORADO LOVELAND, CO 805370356 LOVELAND, CO 805370356 4201 E ARKANSAS AVE DENVER, CO 802223406 FIVE RIVERS RANCH CATTLE FEEDING HODGSON ALBERT LEE&BEVERLY D JANECZKO MICHAEL A&JACQUALYN LLC 13255 COUNTY ROAD 46 3920 OGALLALA RD 4848 THOMPSON PKWY STE 410 PLATTEVILLE, CO 806518815 LONGMONT, CO 805038863 JOHNSTOWN, CO 805346511 KAMMERZELL ALBERT J &KAREN E KAMMERZELL EUGENE&JAMET M KAMMERZELL VERN&CAROLYN A 3190 BRANDING IRON CIR 22465 STATE HIGHWAY 60 12614 STATE HIGHWAY 60 MILLIKEN, CO 805439671 MILLIKEN, CO 805439421 MILLIKEN, CO 805439309 RML PROPERTY INVESTORS LLC SHABLE HOMESTEAD LLC SORIN NATURAL RESOURCE 143 MONROE ST 12701 STATE HIGHWAY 60 PARTNERS LLC DENVER,CO 802065503 MILLIKEN,CO 805439308 1400 16TH ST STE 320 DENVER, CO 802025994 STATE OF COLORADO DEPARTMENT OF SW SPRUCE MOUNTAIN LLC&ROBERT VARRA COMPANIES INC TRANSPORTATION BRUCE 8120 GAGE ST 2829 W HOWARD PL 812 GRAVIER ST STE 360 FREDERICK, CO 805169439 DENVER, CO 802042305 NEW ORLEANS, LA 701121408 WELD COUNTY 1150O ST GREELEY,CO 806319596 Surface Use Agreement As Amended 2009 Y , 1111111 11111 111111 111111111 1111111 111111111111111111111 0/ 3613946 04/01/2009 11:59A Weld County, CO 1 of 20 R 101.00 D 0.00 Steve Moreno Clerk& Recorder SURFACE USE AGREEMENT This Surface Use Agreement ("Agreement") is dated and made effective this 5-t1 day of '�I9r var , 2009, and is between K.P.Kauffman Company, Inc., a California corporation("KPK") with an addess of 1675 Broadway, Suite 2800,Denver, Colorado 80202-4628, RML Property Investors, LLC,a Colorado Limited Liability Company("RML")with an address of do Harvey Deutsch,9145 East Kenyon Avenue, Suite 101,Denver,Colorado 80237,and Aggregate Industries WCR,Inc. ("Ar')with an address of 1707 Cole Boulevard, Suite 100, Golden, Colorado 80401. RML and AI may collectively be referred to as the"Mining Parties". KPK,RML,and AI may collectively be referred to as the"Parties". Whereas: A. RML is the current landowner and lessor and AI is the current lessee under one or more sand, gravel and aggregate mining leases covering certain tracts of land located in Weld County, more particularly described on Exhibits Al, A2, and A3 (collectively "Exhibit A") attached hereto, being a portion of Section 8, T4N, R66W 6th P.M., Weld County, Colorado (hereinafter referred to as the "Property"). There is an agricultural lease affecting all or a portion of the Property. B Surface ownership of the Property is subject to the rights of the oil and gas mineral leasehold estate,all or a portion of which is now owned by KPK. C. AI has received a mining permit from the State of Colorado Division of Reclamation, Mining and Safety, formerly known as the Division of Minerals & Geology ("DMG") for the purpose of open pit sand and gravel mining operations, permit number M-2000-087 (Weld County Permit#1354). Portions of the mined out Property are to be reclaimed for use as water storage reservoirs and any lawful purpose after mining activities cease. D. KPK currently operates the following wells on the Property, (the "Existing Wells"): the Edkam 1-21, located in the SW/4NW/4 of Section 8,T4N,R66W,the Edkam 2-23,located in the SE/4NW/4 of Section 8, T4N, R66W, the Edkam 5-34, located in the SW/4SW/4 of Section 8, T4N,R66W,and the Ed Kammerzell 3-28, located in the NW/4SW/4 of Section 8,T4N,R66W. E. KPK shall continue to have the right to exercise its oil and gas leasehold rights on the Property by drilling additional wells or twinned wells in the "Oil and Gas Operations Area" as defined below and in accordance with Colorado Oil and Gas Conservation Commission ("COGCC") rules (the "Future Wells"). The Future Wells are depicted on Exhibit A attached and made a part hereto. The Future Wells and Existing Wells may hereinafter be referred to as the"Wells". F. The Parties acknowledge the existence of a Surface Use Agreement dated July 1, 2002, between WCR, Inc. and their successors and assigns and KPK covering the above described Property (the "2002 Agreement"). The Parties agree that this Agreement, as dated above, shall supersede the 2002 Agreement and any and all previous agreements covering the Property. G. This Agreement sets forth the Parties' rights and obligations regarding the relationship between the operations and development of the Property by the Mining Parties and KPK's operation and development of its oil and gas leasehold estate underlying the Property, such rights and obligations to be binding upon the Parties' successors and assigns. 111111111111111111111111111111111111111 III 1111111111111 3613946 04/01/2009 11:59A Weld County, CO 2 of 20 R 101.00 D 0.00 Steve Moreno Clerk& Recorder Now Therefore: In consideration of the mutual covenants contained herein,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the Parties agree as follows: 1. AREAS RESERVED FOR THE WELLS;WELL LOCATIONS. The Mining Parties shall set aside and provide to KPK that portion of the Property hereinafter referred to as the Oil and Gas Operations Areas (the"OGOAs"), such areas being depicted on Exhibit A attached hereto. Except as provided for in this Agreement, the OGOAs shall be comprised of an area, without surface improvements including but not limited to roadways, fences, and structures, which is defined by a circle with the existing wellbore or proposed wellbore at the center and extending to a radius of 150 feet from the wellbore, as shown on Exhibit A. Upon sending thirty(30) days prior written notice to KPK, the Mining Parties may conduct temporary mining operations within the OGOAs provided, however, such mining operations are no closer than 75 feet from a Well on a quarter circle basis, as outlined below. The OGOAs are to be made available to KPK in their present condition for any operations conducted by KPK in connection with any Well, including, but not limited to, drilling new wells and production activities, workovers, well deepening, recompletion, fracturing and drilling replacement wells. All Wells will be limited to the OGOAs shown on Exhibit A,unless this Agreement is amended by consent of the Mining Parties and KPK. Except for the OGOAs, the access roads, and Petroleum Pipeline Easements (as defined below) as provided in this Agreement, KPK shall not occupy the surface of the Property except in the event of an emergency or for reasonable incidental, temporary and non-damaging activities, for which KPK shall be strictly and solely responsible for any damages that may occur to the Property, including without limitation, damages caused by KPK to the agricultural operations on the Property and related irrigation systems, including crop damage. Notwithstanding the above, the Mining Parties shall be strictly and solely responsible for any damages that may occur to the Property if the direct or indirect actions of the Mining Parties are the sole or major contributing factor to such damage. 2. EXTRACTION IN VICINITY OF OIL AND GAS OPERATIONS AREAS; SETBACK REQUIREMENTS. The Mining Parties reserve the right, at their option, to mine the gravel within each of the OGOAs in accordance with the terms of Paragraph 1 above and this Agreement. The Mining Parties shall conduct their mining operations in the OGOAs as quickly as reasonably practicable and in accordance with this Agreement. The Mining Parties shall conduct their mining within the OGOAs by excavating pie shaped wedges of gravel and aggregate and thereafter backfilling and compacting the area with overburden or other suitable material prior to excavating the next pie shaped area;provided,however,that in no event shall the Mining Parties mine within 75 feet of any Well or Production Facilities (defined below) and provided further that in no event shall more than one quarter circle segment of the pie shape be excavated at any one time. The Mining Parties may commence mining operations on lands adjacent to the mined segment within the OGOAs provided no more than one cumulative quarter circle segment within an OGOA is subject to mining operations at any one time. All mined segments within the OGOAs shall be reclaimed to original grade at 95%compaction within 90 days of conclusion of mining operations at the sole cost and expense of the Mining Parties. Excavation in the OGOAs will be coordinated with KPK in a mutually acceptable manner so as to avoid conflict with KPK's oil and gas operations and to ensure there is an appropriate safety plan and interim emergency procedures. The Mining Parties will bear all costs associated with the mining operation, including permanent or temporary rerouting and replacement of access roads,and flowlines and utility lines in order to prevent unnecessary interruption of production from any affected Well. In addition,the Mining Parties and their successors and assigns shall indemnify and hold KPK harmless from any and all damage, loss and liability, including attorney's fees, incurred by KPK as a result of the Mining Parties' operations in an OGOA. -2- I11111111111111111 MI 1111111111111111 III 11111 LIII 1111 3613946 04/01/2009 11:59A Weld County, CO 3 of 20 R 101.00 D 0.00 Steve Moreno Clerk& Recorder The Mining Parties will not locate any lot line,permanent building, or permanent structure within any OGOA, provided however, that this restriction shall not prohibit temporary mining operations no closer than 75 feet of any well, as provided above. The Mining Parties understand and acknowledge that the COGCC has rules and regulations that apply to the distance between a wellhead and public roads, Production Facilities,building units and surface property lines, among other things. In order to give full effect to the purposes of this Agreement, the Mining Parties hereby waive their right to object to the location of any of KPK's facilities on the basis of setback requirements in the rules and regulations of the COGCC, as they may be amended from time to time,provided KPK is in compliance with the terms and conditions hereunder. The Mining Parties further and similarly waive their right to object to any other state or local setback requirements or other requirements or regulations that are or become inconsistent with this Agreement or that would prohibit or interfere with the rights of KPK, its successors and assigns, to explore for and produce the oil and gas in accordance with this Agreement. KPK or its successors and assigns may cite the waiver in this paragraph in order to obtain a location exception or variance under COGCC rules or from any other state or local governmental body having jurisdiction; provided that the Mining Parties shall not be required to alter the agreed boundary of the OGOAs to accommodate the location exception or variance. The Mining Parties agree not to object to the use of the surface in the OGOAs so long as such use is consistent with this Agreement and the Mining Parties will reasonably cooperate at no material cost to the Mining Parties in any efforts of KPK or its successors and assigns to obtain permits from the COGCC or any local jurisdiction. 3. GATHERING LINES AND FLOWLINES. Subject to the limitations hereinafter described, KPK has a continuing right and entitlement to own, operate, maintain, repair and replace all existing and future flowlines, gathering lines and other pipelines that may be necessary or convenient to its operations on the Property ("Pipelines"). The construction and burying of additional new Pipelines shall be at the sole cost and expense of KPK or its gas purchaser. Although this Agreement is intended to confine the placement of the Pipelines to certain specified locations within the Property,nothing herein shall be construed as a limitation on KPK's ultimate right to make all necessary well connections to any Well. The Mining Parties shall grant a recorded easement, in the form attached hereto as Exhibit B, for KPK's use of an area of fifty feet (50') during construction, installation or relocation operations of a Line and otherwise reduced to thirty feet(30')in width for post- construction usage, as shown on Exhibit A ("Petroleum Pipeline Easement"). With Mining Parties' written permission,the Petroleum Pipeline Easement may be expanded to accommodate new pipeline,but in no event will the Easement exceed sixty feet (60'), with ten feet (10') separating each pipeline. Pipelines will be placed a minimum of fifteen feet(15')inside any Petroleum Pipeline Easement. The Mining Parties' operating plans anticipate that roadways may cross over Existing and Future Pipelines. "Existing Pipelines" shall mean any Pipeline now existing or hereafter constructed within a Petroleum Pipeline Easement prior to the Mining Parties' construction of a road for its operations or the Mining Parties' extraction of sand and gravel and backfilling of the Petroleum Pipeline Easement. In particular, when crossing KPK Existing Pipelines with heavy equipment, like earth moving equipment, the Mining Parties will comply with the shut in provisions of Paragraph 9 below. Within ninety days of execution of this Agreement,KPK shall install and maintain permanent markers on its Petroleum Pipeline Easements and Lines at minimum 50-foot intervals at KPK's expense,provided,however,that should the Colorado Oil and Gas Conservation Commission (COGCC) or any other governing agency with jurisdiction set a standard for the marking of Petroleum Pipeline Easements and Lines that is inconsistent with the marking procedure identified in this Paragraph, KPK shall comply with that governing standard and shall have no further obligation to mark said Petroleum Pipeline Easements and Lines in accordance -3 - 111111111111111111 lii 11111 1111111 11111 Ill 111111111 JIll 3613'946 04/01/2009 11:59A Weld County, CO 4 of 20 R 101.00 D 0.00 Steve Moreno Clerk& Recorder with this Paragraph. Notwithstanding the above, if the Mining Parties damage or destroy such markers, Mining Parties will replace the markers at the sole cost and expense of the Mining Parties. The parties hereto agree that certain Existing Pipelines are parallel to, adjacent to or within existing access roads, and Mining Parties shall have the unrestricted right to utilize such existing access roads in a similar manner to KPK and using equipment of comparable weight to KPK's equipment without having to sleeve the pipeline within that easement, subject to the provisions of Paragraph 4 below. If, as a result of the Mining Parties' use of heavy equipment over the existing access roads, the Mining Parties directly or indirectly cause damage to the Existing Pipelines running parallel to, adjacent to or within existing access roads, the mining Parties shall be strictly and solely responsible for any damages caused to the Existing Pipelines. The Mining Parties will not allow any extraction to occur, commencing at the surface of the original ground, closer than 40 feet from any Existing Pipeline of KPK as shown on Exhibit A unless a soils stability report prepared by an engineer licensed in the state of Colorado indicates that a lesser set back will be adequate for preservation of the integrity of said pipeline and KPK provides written approval, and provided that upon completion of such extraction the Mining Parties shall back fill and level the area within 40 feet from any Existing Pipeline or within any Petroleum Pipeline Easement designated on Exhibit A. The Mining Parties shall hold KPK harmless for any and all damages caused by the Mining Parties' actions under this paragraph. The Mining Parties shall not allow any stockpile of soil to be placed over any Existing Pipeline of KPK or in any Petroleum Pipeline Easement as shown on Exhibit A. After written notice of at least fifteen(15) days, the Mining Parties, shall have the right to cross any Pipeline Easement with roadways and other utilities, provided such crossing of any utilities is made with its acute angle being not less than 60° with respect to KPK's Pipelines, but in no event shall such utility cross above or run parallel above KPK's Lines, except as noted. KPK requires all subsurface utilities be not less than 18 inches below KPK's Pipelines. The depth of cover over the KPK Existing Pipelines shall not be reduced or drainage over KPK's Pipelines altered without KPK's written approval. Parallel utilities must maintain a minimum of 10-foot separation from KPK Pipelines,unless KPK grants a lesser distance of separation, in writing, which grant shall not be unreasonably withheld. It would not be unreasonable to withhold such consent due to reasonable safety or operational concerns. The Mining Parties will request that all utility companies contact KPK prior to laying lines parallel to KPK Existing Pipelines or within Petroleum Pipeline Easements designated in Exhibit A hereto. Construction of any permanent structure within KPK's Petroleum Pipeline Easement is not permitted; provided however, that conveyors are not deemed to be permanent structures and may be located within KPK's Petroleum Pipeline Easement and the outer 75 feet of the OGOAs. The Mining Parties agree that KPK shall never be denied access to its Petroleum Pipeline Easements. As such, the Mining Parties shall remove any conveyors in the Petroleum Pipeline Easements upon reasonable notice by KPK requesting that the Mining Parties temporarily move such conveyors to accommodate KPK's operations on the Property. In the case of an emergency,the Mining Parties shall immediately remove the conveyors to allow access for KPK. KPK shall not be responsible for any damage caused to such conveyors located within KPK's Petroleum Pipeline Easement. Planting of trees and shrubs is not permitted on KPK's Petroleum Pipeline Easement. AI shall notify KPK at least 5 business days prior to commencing construction and trenching of its slurry wall, and shall protect KPK's pipeline and flowline during such operations. In the event the slurry wall to be constructed by Mining Parties will cross KPK's Lines or in the event the Pipeline Easements will be within 75 feet of an ignition source related to the construction and trenching of the -4- 111111111111111It111 11111!111IIll )III►iIII co 36111111113946 04/01/2009 11:59A Weld Moreno Clerk&Recorder 5 of 20 R 101.00 D 0.00 Steve slurry wall or any other potential source of ignition,then the Lines(s) shall be"encased"at the expense of Mining Parties or the associated wells shut-in as provided in Paragraph 9;provided,however,that should the Pipeline Easements be within 75 feet of a permanent ignition source, the Line(s) must be encased at the Expense of the Mining Parties. The term"encased" shall mean that KPK's Lines(s) shall be enclosed in a second steel pipe with inspection vents on each end of the Lines(s). In addition to the encasement, the Mining Parties shall provide KPK with an easement for a work area of 30 feet by 75 feet at each end of the encasement (Work Area). No encasement shall exceed 400 feet without Mining Parties providing intermediate Work Areas. All Lines that must be encased shall be constructed straight and without curves from Work Area to Work Area. 4. ACCESS. The Mining Parties shall provide KPK with continuous access to all of the OGOAs and the Petroleum Pipeline Easements. The access roads to be used by KPK will be those roads that currently are in place or those that are anticipated to be constructed by the Mining Parties at their sole cost and expense as part of the Mining Parties' operations on the Property. All access roads will be constructed or maintained to adequately accommodate the use of large,heavy equipment on the Property. If the Mining Parties relocate an existing road being used by KPK for access to any OGOA,such relocated road shall be built to at least the quality of the road it replaces. The easements for KPK's access roads for its OGOAs are shown on Exhibit A hereto and the Mining Parties hereby grant KPK the non-exclusive right to the use of such easements for so long as KPK or its successors or assigns has rights in and to the oil and gas estate in the Property. KPK agrees to access the Property according to the routes depicted and described on the attached Exhibit A. Access to the OGOAs may be changed by mutual agreement of the Mining Parties and KPK, however, at no time shall KPK's access to the OGOAs be denied or impeded for any reason, unless alternate routes are established prior to the access closure and are approved by KPK in writing. Mining Parties shall maintain and keep any access jointly used by Mining Parties and KPK in a condition and state of repair that serves the needs of Mining Parties; however, if either party to this Agreement causes damage to a road that renders the road unusable by the other party, the party causing the damage, agrees promptly to repair any damage that it caused which is a direct result of its use of the road. In the event such joint access roads need to be improved in order to serve the needs of either party to this Agreement,the parties agree to coordinate any such improvements as may be required by the party who requires the improvement, provided that any such improvements shall be at such party's sole cost and expense. Neither KPK, nor Mining Parties shall unreasonably interfere with the use by the other party of access roads. Any agricultural lessee shall be allowed to use any access road to the extent permitted by the agricultural lease. The Mining Parties agree that they will not mine or extract any portion of areas designated as access roads set forth on Exhibit A or as mutually agreed to by the Parties without the written consent of KPK. Mining Parties reserve the right to relocate the portion of the access road that diagonally crosses the"Outparcel"depicted on Exhibit A to a new location on the northern side of the Outparcel as indicated on Exhibit A, subject to compliance with applicable state and local regulations. Mining Parties shall, at their expense, obtain all necessary permits for such relocation and shall grade and gravel such relocated access road to standards commensurate with existing access roads used by KPK on the Property. 5. BATTERIES AND EQUIPMENT. KPK shall have the right to locate, build, repair and maintain tanks, separators, dehydrators, compressors and other equipment ("Production Facilities") reasonably appropriate for the operation and -5 - I'L'J" 1"J'Jj"J'J"3613946 04/01/2009 1 6 of 20 R 101.00 D 0.00 Steve Moreno Clerk& Recorder production of the Wells at the locations depicted on Exhibit A. With respect to KPK's Production Facilities other than flowlines or pipelines: A.KPK shall install and maintain,at its sole cost and expense, 6 foot chain link fences around the Wells and all Production Facilities in compliance with the Rules and Regulations of the COGCC; B. KPK shall install and maintain, at its sole cost and expense, all gates and locks reasonably necessary for the security of any Wells or Production Facilities in the OGOAs. Such gates and locks shall be the standard gates and locks used by KPK; C. At KPK's discretion, KPK shall paint any Production Facilities for any Wells, including wellhead guards,with paint that complies with by the COGCC regulations; and D. The Mining Parties shall not inhibit KPK's access to the OGOAs or inhibit KPK's operations within the OGOAs or in the vicinity of the Production Facilities by landscaping or other improvements, unless otherwise agreed upon between the Mining Parties and KPK. The Mining Parties shall place temporary concrete bathers around all Production Facilities as directed by KPK before any mining operations commence within an OGOA for the Production Facilities. In no event shall the Mining Parties mine within 75 feet of any Production Facilities or stockpile mined materials within a radius of 50 feet of any Production Facilities. 6. NOTICE OF FUTURE OPERATIONS. KPK shall provide at least seven(7) days prior notice to the Mining Parties of any operations in connection with the reworking, fracturing, deepening or recompletion operation on a Well or Wells. Regardless of the foregoing notice requirements,KPK shall have immediate access to any of its facilities in the event of an emergency. After receipt of the above notice, but not less than five (5) working days prior to KPK's mobilization on the applicable OGOAs,either KPK or the Mining Parties may request an on-site meeting. The purpose of the meeting shall be to inform the Mining Parties of the expected activity and to coordinate site access,hazards,barricades,restoration or any other issues that affect the use and safety of the Mining Parties' operations. 7. COMPLIANCE WITH SAFETY REGULATIONS. KPK and the Mining Parties acknowledge that the Mining Parties' surface mining operations on the Property are subject to certain Mining Safety and Health Administration("MSHA")regulations. KPK agrees that while conducting operations on Property, it will cooperate with such MSHA requirements which the Mining Parties notify KPK are applicable to KPK's operations on the Property. KPK also agrees to inform its contractors and subcontractors about such agreement to cooperate. 8. DRILLING AND COMPLETION OPERATIONS. KPK shall endeavor to diligently pursue any drilling operations to minimize the total time period and to avoid rig relocations or startup during the course of drilling. The Mining Parties waive any objections to continuous(i.e.,24-hour)drilling operations. -6- W'L '1(llh'1IMI'L "Jg"" 7 of 20 R 101.00 D 0.00 Steve Moreno Clerk&Recorder 9. SHUT-IN OF WELLS. The parties recognize that the Pipelines now installed by KPK are made of fiberglass and/or metal and the running of the Mining Parties' earth moving equipment over said Pipelines without appropriate dirt coverage in place may crack them, which may cause an oil and/or gas spill and potential environmental damage. KPK represents that in its opinion it is not safe to continue to use such Pipelines after heavy earth moving equipment is in use and there is no appropriate dirt coverage in place. If the Mining Parties begin to use heavy equipment on the property it shall maintain an overburden minimum of four feet(4') and a maximum of six feet (6') of dirt coverage in addition to the existing cover over the Pipeline during the Mining Parties' operation of such equipment on the property. The Mining Parties shall remove the four foot (4') to six foot (6') overburden upon completion of its operations involving heavy earthmoving equipment on the property. KPK will, for safety purposes, shut in any well that has had heavy earth moving equipment run over its Pipeline(s) without appropriate dirt coverage in place. The Mining Parties shall have the right to request that KPK shut in one or more of its wells during construction activity on the surface, including during construction and trenching of the proposed slurry wall. KPK shall not unreasonably refuse to shut in its wells.KPK shall shut-in no more than one well at a time. a. Notification. The Mining Parties agree\to notify KPK at least twenty (20) days before the Mining Parties begin any activities on the property which will utilize any heavy equipment or other equipment likely to damage KPK's Pipeline(s)that are not covered appropriately. b. Payment. During the period of any shut in,the Mining Parties shall pay KPK for each shut in the following amounts: Shut In Duration Fee per Well per Day 5 days or less None 6—29 days $150 30 days or more $200 The Mining Parties shall also pay KPK any reasonable costs to rework the well(s) in order to place the well(s) in production status after the shut in provided that such work is required as a result of the temporary shut in and costs to replace pipeline(s) and flowline(s) that are damaged by the surface construction activities of the Mining Parties. 10. GOVERNMENTAL PROCEEDINGS. The Mining Parties shall not oppose KPK in any agency or governmental proceedings, including but not limited to the COGCC, Weld County, or other governing body proceedings, related to KPK's operations on the Property, including but not limited to drilling, workovers, well deepenings and recompletions, provided that KPK's position in such proceedings is consistent with this Agreement and provided further the proposed operations are in accordance with applicable laws, COGCC regulations and lawful local ordinances,resolutions or permit conditions. 11. MINING PLAN. The Mining Parties have provided herewith copies to KPK of their Mining Permit and the engineering structural report prepared in connection with the Mining Permit (the "Plans"). KPK acknowledges receipt of said Plans and has no objections to said Plans as approved by the DMG and Weld County. Further,KPK agrees that upon execution of this Agreement, it shall not oppose any other -7- i�llllll 11111 111111 1111 11111 1111111 11111 111 11111 1111 1111 3613946 04/01/2009 11:59A Weld County, CO 8 of 20 R 101.00 D 0.00 Steve Moreno Clerk& Recorder surface use or surface development plan of Mining Parties if such use or plan is proposed and carried out consistent with the terms of this Agreement. Mining Parties will notify KPK in writing of any amendments to the Mining Permit Application or the Use by Special Review Application at the time any such amendment is filed with the Division of Reclamation, Mining and Safety or with the Weld County Planning Department. This acceptance by KPK and agreement to not oppose Mining Parties' applications in no way waives KPK's rights in this Agreement or obligations of Mining Parties under the terms of this Agreement. The Mining Parties acknowledge that KPK may conduct oil and gas activities within the applicable OGOAs as provided herein and shall not oppose KPK before any agency or governmental proceeding if such oil and gas activities are proposed and carried out in accordance with the terms of this Agreement and applicable laws, COGCC regulations and lawful local ordinances, resolutions or permit conditions. 12. LIMITATION OF LIABILITY,RELEASE AND INDEMNITY. A. No party shall be liable for,or be required to pay for, special,punitive, exemplary, incidental, consequential or indirect damages to any other party for activities undertaken within the scope of this agreement; B. Except as to claims arising out of pollution or environmental damage (which claims are governed by Section 13 below) or out of other provisions of this Agreement (which claims shall be governed by the terms of this Agreement), each party shall be and remain responsible for its own liability for all losses, claims, damages, demands, suits, causes of action, fines,penalties, expenses and liabilities, including without limitation, attorneys' fees and other costs associated therewith (all of the aforesaid herein referred to collectively as"Claims"), arising out of or connected with each such party's ownership or operations on the Property, no matter when asserted, subject to applicable statutes of limitations. Each such party shall release, defend, indemnify and hold the other parties,their officers, directors, employees, successors and assigns, harmless against all such Claims. This provision does not, and shall not be construed to, create any rights in persons or entities not a party to this Agreement, nor does it create any separate rights in parties to this Agreement other than the right to be indemnified for Claims as provided herein; C. Upon the assignment or conveyance of a party's entire interest in the Property,that party shall be released from its indemnification in Sectionl2.b. above, for all actions or occurrences happening after such assignment or conveyance. 13. ENVIRONMENTAL INDEMNITY. The provisions of Section 12 above, except for Section I2.A. shall not apply to any environmental matters,which shall be governed exclusively by the following, subject to the limitations of Section 12.A.above: A. "Environmental Claims" shall mean all Claims asserted by governmental bodies, the parties hereto or other third parties for pollution or environmental damage of any kind, arising from operations on or ownership of the Property or ownership of the oil and gas leasehold interest, whichever is applicable, and all cleanup and remediation costs, fines and penalties associated therewith, including but not limited to any Claims arising from Environmental Laws or relating to asbestos or to naturally occurring radioactive material. Environmental Claims shall not include the costs of any remediation undertaken voluntarily by any party,unless such remediation is performed under the imminent threat of a Claim by a governmental body or other third party; -8- l l 1111111111111111)111111111111111111111 III 11111 ll11 IIII 3613946 04/01/2009 11:59A Weld County, CO 9 of 20 R 101.00 D 0.00 Steve Moreno Clerk& Recorder B. "Environmental Laws" shall mean any laws, regulations, rules, ordinances, or order of any governmental authority(ies), which relate to or otherwise impose liability, obligation, or standards with respect to pollution or the protection of the environment,including but not limited to,the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. § 9601 et seq.),the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §§ 6901 et seq.),the Clean Water Act (33 U.S.C. §§ 466 et seq.), the Safe Drinking Water Act (14 U.S.C. §§ 1401-1450), the Hazardous Material Transportation Act (49 U.S.C. §§ 1801 et seq.), the Clean Air Act, and the Toxic Substances Control Act(15 U.S.C. §§2601-2629); and C. Environmental Indemnification. KPK shall fully protect, indemnify, and hold harmless the Mining Parties, their successors and assigns, from any Environmental Claims relating to the Property or oil and gas leasehold thereunder that arise out of KPK's ownership and operation of the OGOAs and it's ownership and operation of its Petroleum Pipeline Easements or rights-of-way on the Property unless such Environmental Claims are the result of the Mining Parties' conduct. The Mining Parties shall fully protect, defend,indemnify and hold harmless KPK from any and all Environmental Claims against KPK, its successors and assigns,relating to the Property that arise out of the Mining Parties' operations on the Property,unless such Environmental Claims are the result of KPK's conduct. KPK acknowledges that it has been informed by the Mining Parties that the Property will be used for non-potable water storage and there is a potential for adverse consequences if such stored water becomes contaminated. 14. EXCLUSION FROM INDEMNITIES. The indemnities of the parties herein shall not cover or include any amounts which the indemnified party is actually reimbursed by any third party. The indemnities in this Agreement shall not relieve any party from any obligations to third parties. 15. NOTICE OF CLAIM FOR INDEMNIFICATION. If a Claim is asserted against a party for which the other party would be liable under the provisions of Section 12 or 13 above, it is a condition precedent to the indemnifying party's obligations hereunder that the indemnified party give the indemnifying party written notice of such Claim setting forth all particulars of the Claim,as known by the indemnified party, including a copy of the Claim(if it is a written Claim). The indemnified party shall make a good faith effort to notify the indemnifying party within five days of receipt of a Claim and shall effect such notice in all events within such time as will allow the indemnifying party to defend against such Claim. An indemnifying party shall not be obligated to reimburse an indemnified party for amounts paid in settlement of an indemnified claim unless the indemnifying party has agreed to the settlement, which agreement shall not be unreasonably withheld or delayed. 16. REPRESENTATIONS. Each party represents that it has the full right and authority to enter into this Agreement. KPK does not represent that it has rights to settle matters for all of the mineral owners or any other lessees in the Property and this Agreement shall only apply to and bind the KPK leasehold interest in the property. -9 - 4110 11111 111111 llll 111111111111 HEM 111111 III IIII 3613946 04/01/2009 11:59A Weld County, CO 10 of 20 R 101.00 D 0.00 Steve Moreno Clerk&Recorder 17. SUCCESSORS. The terms, covenants, and conditions hereof shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns; provided, as to KPK, successors and assigns shall be deemed to be limited to lessees under the oil and gas leases which KPK owns. 18. TERM. This Agreement shall become effective as of the date first written above, when it is fully executed and shall remain in full force and effect until the earlier to occur of the following: (a) KPK's leasehold estate expires or is terminated, and KPK has plugged and abandoned all wells and complied with the requirements of all applicable oil and gas leases pertaining to removal of equipment,reclamation, cleanup and all other applicable provisions of the leases and existing laws and regulations or (b) the Mining Parties' sand, gravel and aggregate mining lease expires or is terminated(as to the portion of the Property leased by RML)and the Mining Parties have complied with the requirements of the mining lease and Mining Permit pertaining to removal of equipment, reclamation, cleanup and all other applicable provisions of the lease,Mining Permit and existing laws and regulations. When this Agreement ceases to be in full force and effect,the Parties shall execute any and all releases necessary to evidence the fact that this Agreement shall no longer apply to the Property, except as to any indemnities set forth herein,which indemnities shall survive termination. 19. AMENDMENTS. This agreement may be amended by an instrument in writing signed by the parties hereto. 20. NOTICES. Any notice or other communication required or permitted under this Agreement shall be sufficient if deposited in U.S.Mail,postage prepaid,addressed to each of the following: K.P.Kauffman Company,Inc. RML Property Investors,LLC 1675 Broadway,28th Floor 9145 East Kenyon Avenue, Suite 101 Denver, Colorado 80202-4628 Denver, Colorado 80237 Attention: Land Department Attention:Harvey Deutsch Aggregate Industries WCR,Inc. 1707 Cole Boulevard Golden,Colorado 80401 Attention:Mike Refer Any party may, by written notice so delivered to the other parties, change the address or individual to which delivery shall thereafter be made. 21. RECORDING. This Agreement and any amendment hereto shall be recorded by either party in the Records of Weld County, Colorado, which shall provide the other party with a copy showing the recording information as soon as practicable thereafter. - 10- 111111111111111111 /III 11111 1111111 11111 III Ililll 111 1111 3613946 04/01/2009 11:59A Weld County, CO 11 of 20 R 101.00 D 0.00 Steve Moreno Clerk& Recorder 22. SURFACE DAMAGES. Provided KPK is in compliance with the provisions of this Agreement,the Mining Parties hereby waive all surface damage payments pursuant to any COGCC or local regulation, state statute, common law or prior agreement,for each and every well that is drilled within the OGOAs and for any access road, flowline, or pipelines constructed on the Property. KPK may provide a copy of this Agreement to the COGCC as evidence of this waiver. This waiver of Surface Damage Payments does not waive nor shall it be construed to limit the Environmental Indemnities in Paragraph 13, nor does it waive payments for actual crop damage, damage to areas landscaped or reclaimed by the Mining Parties, damage to agricultural irrigation systems,or damage to the slurry wall caused by KPK and its operations. 23. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado,without reference to its conflict of laws provisions. 24. ARBITRATION. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be resolved by arbitration administered by the American Arbitration Association under its commercial rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 25. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding among the parties hereto regarding the matters addressed herein, and supersedes any previous communications, representations or agreement, whether oral or written.This Agreement shall not be amended,except by written document signed by all parties. 26. EXECUTION AND BINDING EFFECT. 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, and shall be binding upon and inure to the benefit of the parties, and each of their respective successors and assigns and is executed by the parties as of the Effective Date set forth above. The parties have executed this Agreement on the day and year first aboe 'tt RML R ORS LLC K,P. ,INC. ey E. eutsch,Manager vin P. resident EO Of? GGREGATE INDUSTRIES WCR,INC. Re ' d .Golden,Mger y: E.t.at 4. -L Title: k p2,2_g: SO J- - 11 - .j II1I 11111111111111111111111111111111 III 111111 III fill 3613946 04/01/2009 11:59A Weld County, CO 12 of 20 R 101.00 D 0.00 Steve Moreno Clerk& Recorder ACKNOWLEDGMENTS STATE OF COLORADO ) COUNTY OF DENVER ) The foregoing instrument of writing was acknowledged before me on this J`day of reiD ,2009 by Kevin P.Kauffman as President and CEO for and on behalf of the K.P.Kauffman Company,Inc.,a California co oration,for the uses and purposes stated herein. / Witness my hand and seal: \ /6,O of Pu • DEBRA K. ROGERS 0, Print Name:, A. j N0TARY0F C y uoim Sion / /�1 b 6�Q�f Address: `/ 75 EI / 22� M C; pires: i STATE n,� � D My Commission Expires (0 /09 "'`-" rl W STATE OF COLORADO ) COUNTY OF wider ) h The foregoing instrument was acknowledged before me this 1*,day of /Y)C1 rGh ,2009,by Reginald V.Golden as Manager for RML Property Investors,LLC,on behalf of such company. Witness my h d and official-0.IN A ENGEN /44'(;)I al ikM— NOTARY PUBLIC Notary Public i� STATE OF COLORADO Print Name: 1\01)111 My Commission Mii3Gernmission Expires 08120/2012 Address: IO T St 5(111c-et St,l,Stye Lr�nymnnt, CO S D.5-d/ STATE OF COLORADO ) COUNTY OFDe4\V ) I_ -,,.,s.,.i j, a foregoing instrument was acknowledged before me this �a of Fe bra&. 2009,by Harvey E.Deutsch `'`Fg,... , K'}inf foregoing g S Y �, ,;, as.1 I nagirr�£of-RML Property Investors,LLC,on behalf of such company. ..‘Arittipss my hand and official seal. \ Notary Public /I I `R Print Name: l {'X% L/ Ste.''; 1 4'4 (, inission Expires: ! D'ZS—"Z"°I ( Address: E. K-It /cr? �,G. 5+C. /01 , t4A,Ver- Co 80_37 - 12- a 111111 11111 111111 1111 IlLI 1111111 11111 III 111111 III liii 3613946 04/01/2009 11:59A Weld County, CO 13 of 20 R 101.00 D 0.00 Steve Moreno Clerk&Recorder STATE OF O ORADO ) COUNTY F10,19 ) The f g ing instrument was/aclgnowl ged before me this day of r ,2009,by lG/t. c'f e, L� GQO� ,as j�I.LCO(j,liate/62: for Aggregate Industries WCR,Inc.,on behalf of such company. 1, Z-2111-4•24.,' -•j 4f�i 14 33el�ln�fiand and official seal. ��uj ,�.. Notary Public Q R y • _ Print Name: Q /V ,174,1//1.? / I/iS- • 4'My cAyn is6tion Expires: 02c-224-40/_3 r20/3 Address: ,052D, ,4,e,7 a3/ • - 13 - 1 111111111 llII 111111111 IIllI 1II III IIIIII III lIIi 3613946 04101/2009 11:59A Weld County, CO order 14 of 20 R 101.00 D 0.00 Steve Moreno Clerk&Re0 EXHIBIT A-1 KP KAUFFMAN SURFACES AGREEMENT MILLIKEN RESOURCE - - 1-- f • - R .PA". Ai :, _L--.1,-„,,-...=1'e-:-.!1...,-_-__X _.; Z__ , !--_ it sip~ % P ,. `; - � \, � � / /--/ ,f .-� / : \A\ 76,' ,�i� r�' /�� / �,�;_/ ,FROPO*+,� �ELL i%�� I � 1 • DEDE KAM 1rY1�J// / (% / !`SEE DET ---�'- EX 90-1/GAS /tr/ EXHIBIF/ / _/� ''..' - 1OOR/ WEL1 / 'f fz., y , /f// FLI- PLAIN !�/ \ \ RML 8-S2-A7 -7:::;-'12.,;;;, -// EX;0 jGA\\ j �, \ PRDPO5C D WEQ ENT --,...<,-----7,-..-:,:i�' ( A A LOCATION , ,/, %� t,y„, /�� '£X ANK BA;: w I ........"GASAGCESS 7/ 1 l / / /� �/ ED ION 2 N3 ir si, ,:' _ /, OIL/GAS if iit` - , 74 1 t' 7/,� V \ / / 'ELL /i 1�•UT PARCE' 1 �� i' / �� rPROPOSED WELL i� I i 1 �r - + ' ,/ _ / LOCATION /j// / ' Iliiij I , , �\ *UIPmENT ,, 0, �°1 I /1,'• ,/ 0 O ,/ , ', , , CP i I``\ //�% TANK BATTER _ � WALL,, / ry- a 'I — '- l4 /i KAM4 33 /' �i�i 1' ;.,•;.•l ,E KAM•� •_.WELL /.. 'rat EX OIL/ • i' i s" _,,, .� l -- ,)y t ,�I h WELL 1 I EX SErRATORf. / X14 c....,„..)\------2 % EX OIL/GAS 0. EOUI!MENT //if i d \, ,> '-/ SEE DETAI % I z f—•. > �\ .1`. '� EXHIBIT C /2 1 ' /7 o L ! I i �� RML 8-1'—A1 / / �� P V�ti iii j RML 8-1 —AS �1 1 ", v —� "--/ `.. ••.;,,- `\ PROPOSEUUUU WELL ✓ i' f J I�. :,{ \ LOCATION 1 ` ' W I,I (/ ) I % i - 1 \, 1 / ,/ ,. / � �._�I ;� /// Iii � I ER TANKt BATTER�1' / + Y IiI l/ / / / �' // /r cx /. .. c '> i; ED NC 5-34,-\/, \jy/ --� N OIL/GAS/ x �' ; 9. - I it /' � i%� / 1 N co } �.. � y / p /�/ Fj j,,,/ , ,Worth 250 1 LEGEND 7 TJB Consulting Group eeee Omer Seen Dem Stile ill L. ---.. OIL & GAS ACCESS ROAD Pp 130 803.63222118 coeowz eeesoa p SCALEI'=500' a iii DATE:OCT6.2008 GM Engineering-Me Deep-Pioject Coordination , ►111111 11111111111111111111 1111111 FIE III 111111 111111!3613946 04/01/2009 11:59A Weld County, CD 15 of 20 R 101.00 D 0.00 Steve Moreno Clerk& Recorder • EXHIBIT A-2 KP KAUFFAAAN SURFACES • AGREEMENT MILLIKEN RESOURCE i �\ ROPOSEO WELL °CATION } R 8-22—A3 224 FNL 1. TANK BATTERY r\ �y 1956' L 7.c.::..1‘....)1i t o . EDKAM 2 3 �'i \. '- EX OIL/ WELL ESC OIL GAS EQUIPMENTv @ U °� 2241' FNL .r ' 1909' FWL E `� \� .mtGt � ° %PROPOSED WELL \ LOCATION \ 22 28 -A2 FN I... 11 ° \\� \ 1864' FWL ° \ \ \ i \• \ •\\ -.N.... \ 0 ` \ O • \� ADJU LNG LIMITS &\nnn c; •.-- SLUR LOCATION TO �\ ��, e ��COMMO• 'FUTURE WELLS. \ �� •`s Fix \ �•�\ �N y^ JIB•\ N. \ `'�_.�` \ \\. ( e ...... 'VROPOSED WELL \ 100 YR FLO LAIN LIMITS��`' i (1' ,� LOCATION N„ =cam I VN \`-• RML 8-12-5N.••,.... �� :, �� 1 652 FNL �� . E`%i _ X11 7' FWL \ �• �_...••‘„1,it `\`'`tyoT \• SLURRY ~\' Ns, \\\� �; tiY1 \ '� O NAN��LL ED)CA — .. —^, Nt �,' \`` 2063'DC OIL, N4N \1� �+ 4' FWL a \�,\ 'i EX OVVERHEAO\r to % \s„ �r; ‘,t Y.-ELECT-5'1C LINE n z Y�.t 0 \ ;a 4e i� ilk --t- o �, _ _ - �. , 1 k1 ,i5ROP,OSED WF,LL` 3 Q i .ate LOCATION / ? i �\.i 444,7A \' RML 8—i2 Al j r „1. �; ^\\ 2070' FNL cc (t a a0 682' FWL j lit i \ N„,,. .‘,., \ N ,, . / . a, i / 7,__. i co.. , 1\,....,1, ,i, \ FiZ CC / ,:x e fX 1. L \ / > ` \t \� RELOCATE/OIL8�---�� / R \ l ..., \,. 1.‘ 4,t., , %,4,,..N1 t Imo $ AOgESS/ `N OUTPA�tCEL\ , ii in 41, co O ..,.,,.\\ ga. t 1 , V 0; SFr // y I I >; f�': i O E 153 soo LEGEND '- TJB Consulting Group 6 i Et I I I J Z E1,s� --------+. OIL & GAS ACCESS ROAD Longmont.t 191111 �° tatgma,tcoeo5o2 lac d DAIS:CCT6.2008 Ctv6 Engineering-Slte Deelgn-P►oJectCoorcination 1 J 111111LIIIIIIIIIII111111II III I�1 IIII IIII in Weld County, Co ordei • l 613946 04/01/2009 11:59ASteve Moreno Clerk&Rec 16 of 20 R 101.00 D 0.00 EXHIBIT A-3 KP KAUFFMAN SURFACES AGREEMENT MILLIKEN RESOURCE E oii 4-3 \ \ \ EX OIL�GAS \ -c WELL � 1 �� // .•-0C-SEPARATOR \\ \ ! \ , EX OIL/GAS%v. \ \ • EQUIPMENT \ ` I \ _, I _____-- - _-..__.4jj....... „ • 1 / i \ � � S ROAD— SLURRY WALL -....„.,4_ • — EX TANK 1 ',BATTERY '• �`' --EDKAM —28 1 ;eif ., 21791 GTS—WEIR—'" \A P. A__�_k�It ti 3'`� —V s $ @ Sg', E� WELL Z 1 EQUIPMENT .l� ` Le CATI•N i , zoj bf $' ML —13-5 V.--------- < >ya �i 21 1' FNL o - PROPOSED �� ° • LOCRMLATION 36\- N-- .... _._.`_--21-4,3—FNLB-13 j FYVLI 3 ` iii SY ri l 4 c.it I m _ _ _ _ _ -- - �•- --_-- O f - i/ O o o u_ 0 150SOO ly TJB Consulting Group a tSCALE 1 LEGEND P.O.Bax13413 308.632.2218 --+ OIL & GAS ACCESS ROAD L MCC mc�a a Z DATE::OCT 6.2m8 Gvl EngYroa*Ut0-Ste Design-Project Coordination • t . " 111111111111111111 IIII 11111111111111111 III 111111 III IIII 3613946 04/01/2009 11:59A Weld County, CO 17 of 20 R 101.00 D 0.00 Steve Moreno Clerk& Recorder - - — --- EXHIBIT B To Surface Use Agreement dated F'.Not A 5 et ,2009, by and between K.P.Kauffman Company,Inc.,RML Property Investors,LLC, and Aggregate Industries WCR,Inc. LINE EASEMENT AGREEMENT THIS LINE EASEMENT AGREEMENT ("Agreement") is entered into this day of , 2009, between K.P. KAUFFIVIAN COMPANY, INC., a California Corporation ("KPK"), whose address is 1675 Broadway, Suite 2800, Denver, Colorado 80202, RML PROPERTY INVESTORS, LLC, a Colorado Limited Liability Company ("RML"), whose address is c/o Harvey Deutsch, 9145 East Kenyon Avenue, Suite 101, Denver, Colorado 80237, and AGGREGATE INDUSTRIES WCR, INC. ("Al"), whose address is 1707 Cole Boulevard, Suite 100, Golden, Colorado 80401. RML and AI may collectively be referred to as the"Mining Parties". WHEREAS, the parties have entered into a Surface Use Agreement dated , 2009, and recorded at Reception No. among the records of the County Clerk and Recorder(the"Surface Use Agreement") covering the following described lands:. See attached Exhibit A WHEREAS, the Surface Use Agreement provides that the Mining Parties will provide KPK with a separate Petroleum Pipeline Easement for it subsurface line(s) on the Property. NOW THEREFORE, in consideration of the covenants and mutual promises set forth herein, including the information set forth in the recitals, the parties agree as follows: 1. The Mining Parties hereby grant a perpetual, non-exclusive Pipeline Easement to install, construct, replace, repair, maintain and use subsurface lines on the Property as shown on Exhibit A attached hereto and made a part hereof. The Pipeline Easement shall be 30 feet in width for all post-construction operations, maintenance and transportation activities of the Line(s), and during the period of construction or relocation of any lines, the Pipeline Easement shall be 50 feet in width. With Mining Parties' written permission, the Pipeline Easement may be expanded to accommodate new pipeline, but in no event will the Pipeline Easement exceed sixty feet (60'), with ten feet (10') separating each pipeline. Pipelines will be placed a minimum of fifteen feet (15') inside any Pipeline Easement. 2. Line locations may be changed by mutual agreement of the parties, provided, however, all costs and expenses of the relocation shall be borne by the Mining Parties. KPK shall not unreasonably withhold its consent; and, further'provided, that the relocation will not be administered in such a way as to interfere with KPK's ability to 1.11111111111111111111111111111111111111 III 111111 III IIII 3613946 04/01/2009 11:59A Weld County, CO 18 of 20 R 101.00 D 0.00 Steve Moreno Clerk&Recorder exercise its rights to drill for and produce oil, gas and other hydrocarbons. If the lines are permanently relocated, the easement for the old line location will be vacated by KPK and replaced by this new Pipeline Easement. 3. The Mining Parties' operating plans anticipate that roadways may cross over Existing and Future Pipelines. "Existing Pipelines" shall mean any Pipeline now existing or hereafter constructed within a Pipeline Easement prior to the Mining Parties' construction of a road for its operations or the Mining Parties' extraction of sand and gravel and backfilling of the Pipeline Easement. In particular, when crossing KPK Existing Pipelines with heavy equipment, like earth moving equipment, the Mining Parties will comply with the shut in provisions of the Surface Use Agreement. Within ninety (90) days of execution of the Surface Use Agreement, KPK shall install and maintain permanent markers on its Pipeline Easements and Lines at minimum 50-foot intervals at KPK's expense, provided, however, that should the Colorado Oil and Gas Conservation Commission(COGCC) or any other governing agency with jurisdiction set a standard for the marking of Pipeline Easements and Lines that is inconsistent with the marking procedure identified in this Paragraph, KPK shall comply with that governing standard and shall have no further obligation to mark said Pipeline Easements and Lines in accordance with this Paragraph. Notwithstanding the above, if the Mining Parties damage or destroy such markers, Mining Parties will replace the markers at the sole cost and expense of the Mining Parties. 4. The parties hereto agree that certain Existing Pipelines are parallel to, adjacent to or within existing access roads, and Mining Parties shall have the unrestricted right to utilize such existing access roads in a similar manner to KPK and using equipment of comparable weight to KPK's equipment without having to sleeve the pipeline within that Pipeline Easement, subject to the provisions of Paragraph 9 below. If, as a result of the Mining Parties' use of heavy equipment over the existing access roads, the Mining Parties directly or indirectly cause damage to the Existing Pipelines running parallel to, adjacent to or within existing access roads, the mining Parties shall be strictly and solely responsible for any damages caused to the Existing Pipelines. 5. The Mining Parties will not allow any extraction to occur, commencing at the surface of the original ground, closer than 40 feet from any Existing Pipeline of KPK as shown on Exhibit B unless a soils stability report prepared by an engineer licensed in the state of Colorado indicates that a lesser set back will be adequate for preservation of the integrity of said pipeline and KPK provides written approval, and provided that upon completion of such extraction the Mining Parties shall back fill and level the area within 40 feet from any Existing Pipeline or within any Pipeline Easement designated on Exhibit B. The Mining Parties shall hold KPK harmless for any and all damages caused by the Mining Parties' actions under this paragraph. 6. The Mining Parties shall not allow any stockpile of soil to be placed over any Existing Pipeline of KPK or in any Pipeline Easement as shown on Exhibit B. 11111111111 IIII 11111111111111111 III 111111111 liii 3613946 04/01/2009 11:59A Weld County, CO 19 of 20 R 101.00 D 0.00 Steve Moreno Clerk& Recorder 7. After written notice of at least fifteen(15) days, the Mining Parties, shall have the right to cross any Pipeline Easement with roadways and other utilities, provided such crossing of any utilities is made with its acute angle being not less than 60° with respect to KPK's Pipelines, but in no event shall such utility cross above or run parallel above KPK's Lines, except as noted. KPK requires all subsurface utilities be not less than 18 inches below KPK's Pipelines. The depth of cover over the KPK Existing Pipelines shall not be reduced or drainage over KPK's Pipelines altered without KPK's written approval. Parallel utilities must maintain a minimum of 10-foot separation from KPK Pipelines, unless KPK grants a lesser distance of separation, in writing, which grant shall not be unreasonably withheld. It would not be unreasonable to withhold such consent due to reasonable safety or operational concerns. The Mining Parties will request that all utility companies contact KPK prior to laying lines parallel to KPK Existing Pipelines or within Pipeline Easements designated in Exhibit B hereto. 8. Construction of any permanent structure within KPK's Pipeline Easement is not permitted; provided however, that conveyors are not deemed to be permanent structures and may be located within KPK's Pipeline Easement and the outer 75 feet of the Oil and Gas Operation Areas (OGOAs), as depicted on Exhibit B. The Mining Parties agree that KPK shall never be denied access to its Pipeline Easements. As such, the Mining Parties shall remove any conveyors in the Pipeline Easements upon reasonable notice by KPK requesting that the Mining Parties temporarily move such conveyors to accommodate KPK's operations on the Property. In the case of an emergency, the Mining Parties shall immediately remove the conveyors to allow access for KPK. KPK shall not be responsible for any damage caused to such conveyors located within KPK's Pipeline Easement. Planting of trees and shrubs is not permitted on KPK's Pipeline Easement. 9. AI shall notify KPK at least 5 business days prior to commencing construction and trenching of its slurry wall, and shall protect KPK's pipeline and flowline during such operations. In the event the slurry wall to be constructed by Mining Parties will cross KPK's Lines or in the event the Pipeline Easements will be within 75 feet of an ignition source related to the construction and trenching of the slurry wall or any other potential source of ignition,then the Lines(s) shall be"encased"at the expense of Mining Parties or the associated wells shut-in as provided in the Surface Use Agreement; provided, however, that should the Pipeline Easements be within 75 feet of a permanent ignition source, the Line(s) must be encased at the Expense of the Mining Parties. The term "encased" shall mean that KPK's Lines(s) shall be enclosed in a second steel pipe with inspection vents on each end of the Lines(s). In addition to the encasement, the Mining Parties shall provide KPK with an easement for a work area of 30 feet by 75 feet at each end of the encasement (Work Area). No encasement shall exceed 400 feet without Mining Parties providing intermediate Work Areas. All Lines that must be encased shall be constructed straight and without curves from Work Area to Work Area. 10. The terms of this Agreement are subject to the Surface Use Agreement. The Surface Use Agreement will prevail in the event there is a conflict with this Agreement. I111111 111111 111111111 IlIMI 11111 NI 1111111 II 1111 3613946 04/01/2009 11:59A Weld County, CO 20 of 20 R 101.00 D 0.00 Steve Moreno Clerk& Recorder 11. The parties agree that this Agreement and the benefits hereunder shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns. 12. This Agreement and all of its covenants in it shall be covenants running with the land and shall be binding on all parties who succeed to any interest which the Mining Parties have in the Property. IN WITNESS WHEREOF the undersigned parties have caused this Agreement to be executed by a duly authorized representative on the day and year first above written. K.P. KAUFFMAN COMPANY,INC. RML PROPERTY INVESTORS,LLC By By Kevin P.Kauffman Harvey E. Deutsch President and CEO Manager By Reginald V. Golden Manager AGGREGATE INDUSTRIES WCR,INC. By Printed Name: Title: Oil and Gas Line Easement 2009 11111111111111111111111111111111111111111111111 3617535 04/20/2009 01:43P Weld County, CO 1 of 9 R 46.00 0 0.00 Steve Moreno Clerk&Recorder \535 EXHIBIT B To Surface Use Agreement dated Pak rc 511'1 ,2009,by and between K.P.Kauffman Company,Inc.,RML Properly Investors,LLC, and Aggregate Industries WCR,Inc. LINE EASEMENT AGREEMENT THIS LINE EASEMENT AGREEMENT ("Agreement") is entered into this 5' day of (u o.!') , 2009, between K.P. KAUFFMAN COMPANY, INC., a California Corporation ("KPK"), whose address is 1675 Broadway, Suite 2800, Denver, Colorado 80202, RML PROPERTY INVESTORS, LLC, a Colorado Limited Liability Company ("RML"), whose address is c/o Harvey Deutsch, 9145 East Kenyon Avenue, Suite 101, Denver, Colorado 80237, and AGGREGATE INDUSTRIES WCR, INC. ("Al"), whose address is 1707 Cole Boulevard, Suite 100, Golden, Colorado 80401. RML and AI may collectively be referred to as the"Mining Parties". WHEREAS, the parties have entered into a Surface Use Agreement dated 2,1(0 51" , 2009, and recorded PtiDei1 1 , 2 U0' at Reception yNo. 3(9131 Li l9 among the records of the Cued, County Clerk and Recorder(the"Surface Use Agreement") covering the following described lands: See attached Exhibit A WHEREAS, the Surface Use Agreement provides that the Mining Parties will provide KPK with a separate Petroleum Pipeline Easement for it subsurface line(s) on the Property. NOW THEREFORE, in consideration of the covenants and mutual promises set forth herein, including the information set forth in the recitals, the parties agree as follows: 1. The Mining Parties hereby grant a perpetual, non-exclusive Pipeline Easement to install, construct, replace, repair, maintain and use subsurface lines on the Property as shown on Exhibit A attached hereto-and made a part hereof. The Pipeline Easement shall be 30 feet in width for all post-construction operations, maintenance and transportation activities of the Line(s), and during the period of construction or relocation of any lines, the Pipeline Easement shall be 50 feet in width. With Mining Parties' written permission, the Pipeline Easement may be expanded to accommodate new pipeline, but in no event will the Pipeline Easement exceed sixty feet (60'), with ten feet (10') separating each pipeline. Pipelines will be placed a minimum of fifteen feet (15') inside any Pipeline Easement. 2. Line locations may be changed by mutual agreement of the parties, provided, however, all costs and expenses of the relocation shall be borne by the Mining Parties. KPK shall not unreasonably withhold its consent; and, further provided, that the relocation will not be administered in such a way as to interfere with KPK's ability to 111111111111111111111111111111111111111111111111111111 3617535 04/20/2009 01:43P Weld County, CO 2 of 9 R 46.00 D 0.00 Steve Moreno Clerk&Recorder exercise its rights to drill for and produce oil, gas and other hydrocarbons. If the lines are permanently relocated, the easement for the old line location will be vacated by KPK and replaced by this new Pipeline Easement. 3. The Mining Parties' operating plans anticipate that roadways may cross over Existing and Future Pipelines. "Existing Pipelines" shall mean any Pipeline now existing or hereafter constructed within a Pipeline Easement prior to the Mining Parties' construction of a road for its operations or the Mining Parties' extraction of sand and gravel and backfilling of the Pipeline Easement. In particular, when crossing KPK Existing Pipelines with heavy equipment, like earth moving equipment, the Mining Parties will comply with the shut in provisions of the Surface Use Agreement. Within ninety (90) days of execution of the Surface Use Agreement, KPK shall install and maintain permanent markers on its Pipeline Easements and Lines at minimum 50-foot intervals at KPK's expense, provided, however, that should the Colorado Oil and Gas Conservation Commission (COGCC) or any other governing agency with jurisdiction set a standard for the marking of Pipeline Easements and Lines that is inconsistent with the marking procedure identified in this Paragraph, KPK shall comply with that governing standard and shall have no further obligation to mark said Pipeline Easements and Lines in accordance with this Paragraph. Notwithstanding the above, if the Mining Parties damage or destroy such markers, Mining Parties will replace the markers at the sole cost and expense of the Mining Parties. 4. The parties hereto agree that certain Existing Pipelines are parallel to, adjacent to or within existing access roads, and Mining Parties shall have the unrestricted right to utilize such existing access roads in a similar manner to KPK and using equipment of comparable weight to KPK's equipment without having to sleeve the pipeline within that Pipeline Easement, subject to the provisions of Paragraph 9 below. If, as a result of the Mining Parties' use of heavy equipment over the existing access roads, the Mining Parties directly or indirectly cause damage to the Existing Pipelines running parallel to, adjacent to or within existing access roads, the mining Parties shall be strictly and solely responsible for any damages caused to the Existing Pipelines. 5. The Mining Parties will not allow any extraction to occur, commencing at the surface of the original ground, closer than 40 feet from any Existing Pipeline of KPK as shown on Exhibit B unless a soils stability report prepared by an engineer licensed in the state of Colorado indicates that a lesser set back will be adequate for preservation of the integrity of said pipeline and KPK provides written approval, and provided that upon completion of such extraction the Mining Parties shall back fill and level the area within 40 feet from any Existing Pipeline or within any Pipeline Easement designated on Exhibit A. The Mining Parties shall hold KPK harmless for any and all damages caused by the Mining Parties' actions under this paragraph. 6. The Mining Parties shall not allow any stockpile of soil to be placed over any Existing Pipeline of KPK or in any Pipeline Easement as shown on Exhibit A. 11111111111111111111111111111 II 11111111111111111111 1111 3617535 04/20/2009 01:43P Weld County, CO 3 of 9 R 46.00 D 0.00 Steve Moreno Clerk&Recorder 7. After written notice of at least fifteen(15) days, the Mining Parties, shall have the right to cross any Pipeline Easement with roadways and other utilities, provided such crossing of any utilities is made with its acute angle being not less than 60° with respect to KPK's Pipelines, but in no event shall such utility cross above or run parallel above KPK's Lines, except as noted. KPK requires all subsurface utilities be not less than 18 inches below KPK's Pipelines. The depth of cover over the KPK Existing Pipelines shall not be reduced or drainage over KPK's Pipelines altered without KPK's written approval. Parallel utilities must maintain a minimum of 10-foot separation from KPK Pipelines, unless KPK grants a lesser distance of separation, in writing, which grant shall not be unreasonably withheld. It would not be unreasonable to withhold such consent due to reasonable safety or operational concerns. The Mining Parties will request that all utility companies contact KPK prior to laying lines parallel to KPK Existing Pipelines or within Pipeline Easements designated in Exhibit A hereto. 8. Construction of any permanent structure within KPK's Pipeline Easement is not permitted; provided however, that conveyors are not deemed to be permanent structures and may be located within KPK's Pipeline Easement and the outer 75 feet of the Oil and Gas Operation Areas (0G0As), as depicted on Exhibit A. The Mining Parties agree that KPK shall never be denied access to its Pipeline Easements. As such, the Mining Parties shall remove any conveyors in the Pipeline Easements upon reasonable notice by KPK requesting that the Mining Parties temporarily move such conveyors to accommodate KPK's operations on the Property. In the case of an emergency, the Mining Parties shall immediately remove the conveyors to allow access for KPK. KPK shall not be responsible for any damage caused to such conveyors located within KPK's Pipeline Easement. Planting of trees and shrubs is not permitted on KPK's Pipeline Easement. 9. AI shall notify KPK at least 5 business days prior to commencing construction and trenching of its slurry wall, and shall protect KPK's pipeline and flowline during such operations. In the event the slurry wall to be constructed by Mining Parties will cross KPK's Lines or in the event the Pipeline Easements will be within 75 feet of an ignition source related to the construction and trenching of the slurry wall or any other potential source of ignition,then the Lines(s) shall be"encased"at the expense of Mining Parties or the associated wells shut-in as provided in the Surface Use Agreement; provided, however, that should the Pipeline Easements be within 75 feet of a permanent ignition source, the Line(s) must be encased at the Expense of the Mining Parties. The term "encased" shall mean that KPK's Lines(s) shall be enclosed in a second steel pipe with inspection vents on each end of the Lines(s). In addition to the encasement, the Mining Parties shall provide KPK with an easement for a work area of 30 feet by 75 feet at each end of the encasement (Work Area). No encasement shall exceed 400 feet without Mining Parties providing intermediate Work Areas. All Lines that must be encased shall be constructed straight and without curves from Work Area to Work Area. 10. The terms of this Agreement are subject to the Surface Use Agreement. The Surface Use Agreement will prevail in the event there is a conflict with this Agreement. 11111111111111111111111111111111111111 III 11111 IIII IIII 3617535 04/20/2009 01:43P Weld County, Co 4 of 9 R 46.00 9 0.00 Steve Moreno Clerk&Recorder 11. The parties agree that this Agreement and the benefits hereunder shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns. 12. This Agreement and all of its covenants in it shall be covenants running with the land and shall be binding on all parties who succeed to any interest which the Mining Parties have in the Property. IN WITNESS REOF e undersigned parties have caused this Agreement to be executed by a d y authoriz r esentative on the day and year first above written. K.P. KALIF C ,INC. RML PROPS STORS,LLC By , n By e arvey E. Deutsch Presid d ' Manager By Pel e . ald V. Golden Manager GREGATE XRIES WCR,INC. Y Printed Name: .c-4- C .. j--.. -15-r' 6-2__ Title: J i c.y ?RCS i .O a..Tr �111111 11111 11111111111 III It IIIIIIII III III 1111111 3617535 04/20/2009 01:43P Weld County, CO 5 of 9 R 46.00 I) 0.00 Steve Moreno Clerk&Recorder — — ACKNOWLEDGEMENTS STATE OF COLORADO ) ) ss. COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 56*- day of 2009, by Kevin P. Kauffman as President and CEO of K.P. Kauffman Company, Inc. Witness'my'jiand and official se0. DEBRA K. ROGRAislion expires: / O7/0g j NOTARY PUBLIC Za ►�(� � STATE OF COLORADO "Notary Public My Commission Expires t alto 7.7)9 STATE OF COLORADO ) ss. COUNTY OF Dt vWGr ) ,.::;;:::.:;7Og.;,„-foregoing instrument was acknowledged before me this S day of i0 : cc'r ist : , 2009, by Harvey E. Deutsch as Manager of RML Property 1.. .fotet Cgp4rnission expires: 10—2 5- ZD I l LFea, Witness my hand and official seal. e OF C ,. hs e'A eir.t•.y+if, e,kq dA'-'64)241,- Notary Publi STATE OF COLORADO ) ss. COUNTY OF Ap u ide/� ) The foregoing instrument was acknowledged before me this i(p 14 day of Mn rut/ , 2009, by Reginald V. Golden as Manager of RML Property Investors,LLC. . _- - ROBIN A ENaEN NOTARY PUBLIC My Commission expires: STATE OF COLORADO Witness my hand and official se,.y commission Expires 08/20/2012 ami Notary Public I 111111 11111 111111 11111 11111111 11111111111 11111 1111 JIll • 3617535 04/20/2009 01:43P Weld County, CO 6 of 9 R 46.00 0 0.00 Steve Moreno Clerk& Recorder STATE OF COLORADO — ) --------- - ) ss. COUNTY OF ) The foregoing instrument was acknowledged 4e f`or_e me this A:9-4 day of O1 , 2009,by rfu.�.A e, � �" , as ?/ 6.200 of Aggregate Industries WCR,Inc. \ My Commission expires: a?—O26-o?D/.3 Witness my hand and official seal. Z2,1-i)z; 0 . t.eae‘ Notary Public 11111111111111111111111111111 II 11111111 III 111111111 lilt 3617535 04/20/2009 01:43P Weld County, CO 7 of 9 R 46.00 0 0.00 Steve Moreno Clerk&Recorder EXHIBIT A-1 KP KAUFFMAN SURFACES AGREEMENT MILLIKEN RESOURCE . ,-% I j • 1, :.,, .--....,;-/-e * r' l'ill ,,,/ ,;/.+1 r y \I \ \\/,/' '^rte',-- i - r,/ 1' /�' ;131641;1 8-1 (� '-';''''''':-:. 1::':''' - //% ,,lPROPO 1• `ELL f� I .) / } ,% ,/,,.....: ;COCA • Jr7:,;,,-;/"; ': ' '/EX OM'�/GASi I �/ EXEI DETBIY ^_^` / / t /• /.1 FLO PLAIN 100 R ,--%/ RML 8-12-A1 / --- , EX/0 /GASH /// , / 1 PROPOSED WELL ',„.;,-;',..72.,i1,:�� E7 ,•MENT / 1,,',,r ` ,-P i), f /; �/ i fX ANK BATTL, e N i ; I EX TANK BA:LKY/ / i/ / / /1 /yF s g r"%,"7 Q h,1 %%� '3 1 1 / / i �� ,� RML _A3 RELOCATE OIL•,., / i / i' / PRO•• ED W !/' /? ", . `GAS:ACCESS• / ' / / P. % LOC ON fir/ \��V A%;f�� / / i / - ,/ aD oIL 2-23 �'/ / �� . 1, ` �.i//% 'ELL !/ Ill '' L 8-22-A2 �� OUT PARCE' �; ( f _I, --`�/� ;' ' -,:., • ', -PROPOSED WELLi� i r f,r' '��, j - Jt i� •LLOCATI /�/j , 4f/i( 01 GAS / ��iI I /% �/ 0 jJ� ' r ''' e I �• � EI `�\�IPhiENT�/�j//// TANK BATTER _�'` �W�� ouu I r I_ % /71KAM4-3 :\t / 1 !- ` • EX OIL/GAS' S�1' EDKAM -i(i/ i ;1` ,/,--------, � / 1 ‘./\\ j i EX SEPARATOR �/ j�'— i ' ri Dc q1L/GAs a �f/ i \\\ \�'- I 1 EQUIPMENT N SEE DEfAI„EXHIBIT C�4 e o / RML 8-11—A1 ' / , , ......„, �`- I ; RML 8-1{i—AS o ---` /I �' `• , PROPOSED WELL ✓ �i i I\ j ', ` LOCATION' / Ji/o e • 2 ilx I' E1 TANK,BATTERY �I / ;" / ; �_� co III EDJCAM5— `/. ��..� i I o _,Ey OIL/GAS / / N •ITT -"'� WELL ,�� /�„ I J --III_ J/ y .�f ' 63 o o !a i 17 --------'— .,E- North Is z5D NO LEGEND Nip TJB Consulting Group o I SCALE 1••500 OIL & GAS ACCESS ROAD Lonpma t3.9 2802 Clow Dein DA%Suns 2B 809632.0235 Ilila:pna40o50802 9rc80.9.70205� a DATE:OCT 6.2008 C�Engineering-S85 D�9n-Project Coordination 1111111111111111III11111III!liii 1 61 51 51 111111 04/20/2009 11111 01:4312 Weld County, CO 3617535 8 of 9 R 46.00 0 0.00 Steve Moreno Clerk&Recorder EXHIBIT A-2 KP KAUFFMAN SURFACES AGREEMENT MILLIKEN RESOURCE \ ,\ ± \, \-ROPOSED WELL \ 1 -_ __ °CATION t R 8-22—A3 a ° 224 FNL TANK BA RY \� „., 1956' L a ;4, �. I EDKAM 2 3 ; , oa al , EX OIL WELL EX OIL GAS EQUIPMENT a• �' ,r. 2241 FNL s� ,p \ �� 1909' FWL I $ \ \\ � 1� t 'PROPOSED WELL a �� LOCATION ° - RML 8-22—A2 • e s \ 1 ' ADJU ING LIMITS do ` v` `\-.., SLURRY LOCATION TO \ \--.. _fie \s.ACCOMMO� `f•(J`1'URE'WELLS. \WI M1I1 \' ''••„..._\ \ RROPOSED WELL \\100 YR FLO LAIN LIMITS I LOCATION \ \T ��. 1662 FNL • �, \ _ '1d7' FWL . i1y▪ t \ 0000 \ � \\ �� \\� _• '�— i '•N. `, .• pFP` . \ SLURRY `' \\\�1 y _ --�\ WALL `\\ \ Q y� T~ `•`� \` \ 4' FWL \• \ n 1,s '� \., .,\`.\: EX OVERHEAD' i.7NJ`t z i`•?„ '•, \ ,i.1 . ELECTRIC UNE ` s; > I I ''• °s'G • l PROPOSED WF! L LIJQ. i t4'3r* LOCATION �{ RML 8=12 Ail ',/"� vgrr,Q2 ` ;` \ 207D' FNL i ix Sp \ 682' FWL i\\ Fti,,„11%,. \u�i. k / ^� CC 1.... ....:‘,„ 1,‘-...:_i~ \f\ I RELOCATE!01L•!8�=-�f I-- IR `� + �\ ` __G?5_AOCESS/ / ��J OUTPACEL o (ill I N i `'�l i t j o �. ''! ,w o /- 3�--�of .a.,.i..... yG - o { 'SC, fi ice' L. 0 1b0 KO LEGS '�'Q TJB Consulting Group gt4 I -�. OIL & GAS ACCESS ROAD 2002 Omar Bonn DM%Sullo 20 PA.Bat 1348 2026222210 ,�+ {Long Co 20302 tioc 3027020515 o Z SCALE l'..300' a DATE:OCT 6,2000 Civil&glnawing-SIOe Design-Project CoonlnaCan 1111111 11111 111111 11111 111111 II 11111111 III 11111 I1111111 • 3617535 04/20/2009 01:43P Weld County, CO 9 of 9 R 46.00 D 0.00 Steve Moreno Clerk&Recorder EXHIBIT A-3 KP KAUFFMAN SURFACES AGREEMENT MILLIKEN RESOURCE A EDKAM 4-33 N` \\ '\ EX OILfGAS \ \ WELL ; �� .\,' `. 'N n SEPARATOR,' \ ``\\ \ 7 �. / EX OIL//GAS s\ \„ \''.•,•,,.... ,, EQUIPMENT \ i / ..______. -,,.............„..... \� �� .ACC S ROAD /� - ` SLURRY WALL OM • .tipI •__, \,`• a l/• ---------__ EX TANK BATTERY `' s. ' a� . 3-2.•74 R; d��` ' -217�'L - \S FWL y l...--•0. ` EX OIL/GAS ''.-§0. PROPOSED WELLS a En EQUIPMENT L .ao A tFso, RMMLAS�N3-5 ` ii ~-rc _ �v .�''_.. . 216 FNL_� e.,..-� o ,E£ ,,/,' PROPOSED y_,_,._ LOCATION w `_ �_ i RML 8-13—A1 ' J ••"°a""�emeee"�:,` _ © ` ' 41' FWL \ '�•�„-•-.. v -----=.t..4, , , . \ , 1 ,_____ \ 0 o0 . %.. : , _ o Ln :I 8P / i N L CO o " 1w1j3 TJB Consulting Group W f I LEGEND 200E Clover Basin DrNqW eSPH o p � 1,e OIL & GAS ACCESS ROAD P'r'ma ienr,COaeoe lac 348 3032138 'ALE7ozasec a Z DATE:OCT 6.20 CNN Engineering-Slte Design-Project Cootmn�on Hello