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Home My WebLink About20170106DEPARTMENT OF PLANNING SERVICES 1555 N 171h Ave, Greeley, CO 80631 Phone (970) 353-6100 x3540 Fax (970) 304-6498 USE BY SPECIAL REVIEW (MINING OPERATION) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT # /AMOUNT # 1$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: To be completed by APPLICANT is accordance with procedural guide requirements: 1. I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed Gravel (gravel, coal, borrow pit, etc.) mining operation for the following described unincorporated area of Weld County: Legal Description See Exhibit A , Section 20, Township 1 North, Range 66 West Flood Plain: N/A Zone District: 1-3 , Total Acreage: 201 +1- , Overlay District: N/A Geological Hazard: N/A , Airport Overlay District: N/A 2. Surface owner(s) of area of land described 1600 Blake Street Name: Regional Transportation District Address: Denver, CO 80202 Phone: (303) 299-6000 Name: Address: Phone: 3. Owner(s) of mineral rights or substance to be mined Name: Regional Transportation District 1600 Blake Street Address: Denver, CO 80202 Phone: (303) 299-6000 Name: Address: Phone: Brannan Sand and Gravel Company, L.L.C. 4. Applicant's name: c/o AGPROfessionals Email Address kbruxvoorteagnros.com Address: 3050 67th Ave #200. Greeley. CO 80634 Phone: (970) 535-9318 5. Identify any prior permits for mining held by applicant or affiliated person: None in Weld County I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating that the signatory has to legal authority to sign for the corporation. Signature: \Owner or Authorized Agent' Date Signature: Owner or Authorized Agent Date 14 AGPROfessionals mom D1•;11ELOPI•:RS C)I° AGRICULTURE EXHIBIT A LEGAL DESCRIPTIONS PARCEL: 147120000023 LEGAL DESCRIPTION: The Southwest Quarter of the Northeast Quarter and the Northwest Quarter of the Southeast Quarter of Section 20, Township 1 North, Range 66 West of the 6t" P.M., County of Weld, State of Colorado, Except a parcel of land conveyed by Agreement recorded in Book 208 at Page 105 PARCEL: 147120000033 LEGAL DESCRIPTION: The South Half of the Northwest Quarter of Section 20, Township 1 North, Range 66 West of the 6t" P.M.; Except a parcel of land conveyed in Deed recorded in Book 1088 at Page 10, and Except Right of Way for the line of railroad of the Union Pacific Railroad Company over the Westerly portion of the land, as evidenced by Affidavit recorded October 25, 1977 in Book 812 at Reception No. 1734043 PARCEL: 147120300008 LEGAL DESCRIPTION: That Portion of the North Half of the Southwest Quarter of Section 20, Township 1 North, Range 66 West of the 6t" P.M., lying East of the Union Pacific Railroad Right of Way, County of Weld, State of Colorado. ENGINEERING, PLANNING, CONSULTING & REAL ESTATE 3050 67th Avenue, Suite 200 I. I Greeley, CO 80634 970.535.9318 / office P 970.535.9854 / fax i www.aqpros.com AGPROfessionals July 14, 2016 To Whom It May Concern: I3rannan Sand and Gravel Company, L.L.C. is contracted with AGPROfessionals for all permitting. planning, engineering and regulatory work relating to a Weld County USR.. AGPROfessionals is authorized to represent and request the release of all records necessary on behalf of Brannan Sand and Gravel Company, L.L.C. We respectfully request that all correspondence be directed to AGPROfessionals. Sincerely, Brannan `.nd and ravel mpany, L.L.C by J. Curtis Marvel, Jr., Mai ager Date Cri ENGINEERING, PLANNING, CONSULTING & REAL ESTATE 3050 67th Avenue • Suite 200 ■ Greeley, CO 80634 970.535.9318 /office ■ 970.535.9854 / fax • www.agpros.cont 1 2 3 4 5 6 7 8 9 10 11 1. This agreement amends the contract dated 12-8-2016, as amended (Contract), between Regional Transportation District 12 13 (Buyer), relating to the sale and purchase of the following legally described real estate in the County of Weld 14 Colorado: Parcel 1: AM hat tract of land described on Exhibit A of the Special Warranty Deed recorded d une 13, 2008 at Rec. No. 3550384: 1 e Parcel 2: The South hefi of the Northwest quarter of Section 20, Township 1 North, Range 66 West, of the 6th P.M., LESS AND EXCEPT the portion described In the Warranty Deed recorded December 20, 1041, in Book 1008 at Page 10: 16 Parcel 3- The Southwest quarter of the Northeast quarter end the Northwest quarter of the Southeast quarter of Section 20, Township 1 North, Range 66 West, of the 6th P.M. 17 18 known as No. 2542 Weld County Road 27 Fort Lupton 19 Street Address 20 21 NOTE: If the table is omitted, or if any item is left blank or is marked in the "No Change" column, it means no change to 22 the corresponding provision of the Contract. if any item is marked in the "Deleted" column, it means that the 23 corresponding provision of the Contract to which reference is made is deleted. 24 25 2. § 3. DATES AND DEADLINES. [Note: This table may be omitted if inapplicable.] The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (AE41-6-15) (Mandatory 1-16) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. AGREEMENT TO AMEND/EXTEND CONTRACT Date: 17 August 2016 CO 80621 (Seller), and Brannan Sand and Gravel Company, L.L.C. City State Zip (Property). Item No. Reference Event Date or Deadline No Change Deleted 1 § 4.3 Alternative Earnest Money Deadline x Title 2 .§ 8.1 Record Title Deadline x 3 § 8.2 Record Title Objection Deadline x 4 § 8.3 Off -Record Title Deadline x 5 § 8.3 Off` Record Title Objection Deadline x 6 § 8.4 Tide Resolution Deadline x 7 § 8.6 Right of First Refusal Deadline x Owners' Association 8 § 7.3 Association Documents Deadline x 9 § 7.4 Association Documents Objection Deadline x Seller's Property Disclosure 10 § 10.1 Seller's Property Disclosure Deadline x Loan and Credit 11 § 5.1 Loan Apj,lication Deadline x 12 § 5.2 Loan Objection Deadline x 13 § 5.3 Buyer's Credit Information Deadline x 14 § 5.3 Disapproval of Buyer's Credit Information Deadline x 15 § 5.4 Existing Loan Documents Deadline x 16 § 5.4 Existing Loan Documents Objection Deadline x 17 § 5.4 Loan Transfer Approval Deadline x 18 § 4.7 Seller or Private Financing Deadline x Appraisal 19 § 6.2 Appraisal Deadline x 20 § 6.2 Appraisal Objection Deadline x 21 § 6.2 Appraisal Resolution Deadline x Survey 22 § 9A New ILC or New Survey Deadline x AE41-6-15. AGREEMENT TO AMEND/EXTEND CONTRACT Page 1 of 2 26 27 3. Other dates or deadlines set forth in the Contract are changed as follows: 28 Unless modified to a date sooner by mutual agreement of the Parties, and effective upon Buyer's deposit of $10,000 additional earnest money 29 applicable to purchase price, the Closing Date shall be September 22, 2016; provided that, for each day after August 22, 2016, until this 30 amendment has been mutually executed, the Buyer may extend the Closing Date by one additional day. 31 4. Additional amendments: 32 The Buyer is authorized to apply for Use by Special Review (USR) zoning from Weld County to cover sand and gravel recovery and 33 associated activities. This authorization is suspended if the Contract is terminated prior to dosing. 34 35 All other terms and conditions of the Contract remain the same. 36 37 38 This proposal expires unless accepted in writing by Seller and Buyer as evidenced by their signatures below and the offering party 39 to this document receives notice of such acceptance on or before 26 August 2016 5:00 p.m. 40 Item No. Reference Event Date or Deadline No Change Deleted 23 § 9.3 New TLC or New Survey Objection Deadline x 24 § 9.4 New ILC or New Survey Resolution Deadline x Inspection and Due Diligence 25 § 10.3 Inspection Objection Deadline x 26 § 10.3 Inspection Resolution Deadline x 27 § 10.5 Property Insurance Objection Deadline x 28 § 10.6 Due Diligence Documents Delivery Deadline x 29 § 10.6 Due Diligence Documents Objection Deadline x 30 § 10.6 Due Diligence Documents Resolution Deadline x 31 § I0.6 Environmental Inspection Objection Deadline CBS2, 3, 4 x 32 § 10.6 ADA Evaluation Objection Deadline CBS2, 3, 4 x 33 § 1D.7 Conditional Sale Deadline x 34 § 11.1 Tenant Estoppel Statements Deadline CBS2, 3, 4 x 35 § 11.2 Tenant Estoppel Statements Objection Deadline CBS2, 3, 4 x Closing and Possession 36 § 12.3 Closing Date sea ¶ 3 below. 37 § 17 Possession Date Closing Date. 38 § 17 Possession Time 5:00 p.m., MDT 41 42 Buyer's Name: l Buyer's Name: Buyer's Signature Seller's Name: Date Seller's Signature Date 43 Approved as to legal form Lori L. Graham Associate General Counsel Date Time Buyer's Signature Date Seller's Name: Seller's Signature Date AE4I-6-15. AGREEMENT TO AMENII/EJCfEND CONTRACT Page 2 of 2 AGPROfessionals mm,E;v1:, 1:J i)I-FR.!„OF:Lf.11l(..UJ 11�KI VALLEY'S EDGE RESOURCE USE BY SPECIAL REVIEW (MINING OPERATION) QUESTIONNAIRE The Valley's Edge Resource is a construction materials site of approximately 190 acres in Weld County, Colorado. The site is a former feedlot and pastureland, located in an urbanizing area at the fringe of the South Platte River valley. Underlying the land surface in this area is a commercial sand and gravel deposit, the Broadway Alluvium. In concert with land use planning and economic development opportunities in the U.S. Highway 85 corridor between Brighton and Fort Lupton, the goal of the Valley's Edge Resource project is to observe state policy, recovering commercially valuable minerals prior to the construction of permanent buildings, while reclaiming the site to a condition suited to its intended long-range use as industrial development. Over a limited period of 10 to 20 years, commercial aggregate and other construction materials will be mined and processed at the site. With a designated post -mining use of industrial development, backfilling is necessary in certain areas of the site to establish final reclamation grades. Backfill will be generated in a coordinated strategy that utilizes a combination of on -site cut and fill, recycled construction materials, and imported inert fill. The recovery of construction materials at the Valley's Edge Resource, the subject of this permit application, is a first and essential step toward restoring the beneficial use of presently vacant land that has been idle for at least ten years, since it was last used as a feedlot. Mining and reclamation plans have been carefully developed to advance long-term goals. The prospect of post -mining industrial land use is enhanced by new access to the site, rationalized grading and drainage, and the operator's ability to implement use -specific development standards as part of its mining and reclamation plans. 1. A detailed description of the method of mining operation. The description shall include: a. The types and numbers of structures that will be erected (built) on site including operation and processing equipment to be employed. The Valley's Edge Resources Pit is a construction materials extraction for gravel recovery. No permanent structures are required for this proposal. The operation will include a portable lavatory and construction trailer to provide shelter for personnel, office equipment, paperwork and computers. A scale and scale house will be included at the site. The operator will use standard excavators, loaders, dredge buckets and other equipment as appropriate to address site conditions to recover gravel to be used in construction projects in Northern Colorado. No blasting will be required. Off ENGINEERING, PLANNING, CONSULTING & REAL ESTATE 3050 67`11 Avenue, Suite 200 Greeley, CO 80634 970.535.9318 1 office 970.535.9854 1 fax www.agpros.com Page 2 of 9 highway haul trucks will be utilized to move material to a processing area. The operator may utilize conveyor equipment at the appropriate locations as shown in the plans. Stockpiling of composted topsoil resources for reclamation procedures will occur on site as well as the stockpiling of the mined mineral resources. The operator plans to locate stockpiling and a recycling facility for concrete, asphalt and topsoil on site. The operator plans to locate other temporary or permanent facilities on site as allowed by zoning and in accordance with state reclamation rules. b. The number of shifts to be worked and the maximum number of employees. The maximum number of employees expected on site is ten (10). Work shifts will extend to daylight hours as seasonal requirements allow, as indicated in item 8.b. of this document. c. Whether the operation will involve a wet or dry pit. The operator will initially mine in a cell to set a temporary floor above groundwater, sufficient to avoid exposure, depletion, or other conditions requiring augmentation or a substitute supply plan. Once a floor has been established and any required State Engineer or Water Court approval obtained, a wet mining stage may proceed concurrently or subsequently to dry mining. d. County roads and bridges to be utilized, along with site entrance/exit points. (Coordinate with County Engineer). Facility access will be to a portion of Weld County Road 8 that is currently annexed and controlled by the City of Fort Lupton. Inbound haul trucks are expected to access from U.S. Highway 85 to Weld County Road 6, then to Weld County Road 27 to Weld County Road 8. There are no bridges along this route. Outgoing vehicles will use the same route to Highway 85. e. The size of the area and stages to be worked at any one time. Sand and gravel recovery will progress through four phases or conceptual mining cells. The conceptual cells will be approximately 27 acres each. The sand and gravel recovery project will operate flexibly in these designated cells and subcells over the course of approximately 10 years. In general, cells and subcells are phased in a Page 3 of 9 sequence that limits disturbance and overall reclamation liability at any given time. The mining process occurs within a cell until it is mined out and backfilled. The central processing point and load -out area encompass approximately 20 acres near the eastern margin of the anticipated gravel resource, along the eastern boundary of the primary mining cells. This will serve as an operational pad for the location of portable processing equipment and other operations. Finally, the remaining 70-80 acres of the Valley's Edge Resource will include potential grading and secondary commodity production, not to exceed 30 acres of disturbance at any one time, over the life of the mine. f. A timetable giving the periods of time and number of phases to be worked, which will be required for the various phases of the operation The general sequence to implement and complete active mining includes access and plant set up, topsoil and overburden removal, dry mining followed by wet mining in individual cells, backfill and final reclamation. Operations will commence in late 2016 or in early 2017, and will start with site preparation. The life of the mine is expected to be less than 20 years, including start-up and reclamation. There are four primary cells. Based on preliminary assessment of the sand and gravel deposit, each cell contains roughly 1.25 million tons of aggregate. At the operator's expected range of annual production rates, each cell will take between one and three years of continuous, active mining to complete recovery of sand and gravel. The duration of active mining is thus expected to be between 4 and 12 years. Generally, active mining will be conducted in one primary mining cell at a time. However, mining related activities, starting with stripping and continuing through reclamation, may take place in multiple cells simultaneously. g. The depth and thickness of the mineral deposit to be mined and the thickness of overburden to be removed. According to regional mapping by the United States Geological Survey, the site is underlain by the Broadway Alluvium and Eolian formations. Within the planned mining cells, overburden, including topsoil, ranges from inches (e.g., some areas of exposed gravel) to 6 feet. The underlying sand and gravel deposit typically ranges from 20 feet to 30 feet in thickness, with some areas shallower and some deeper than this typical range. An average depth of at least 6 inches of topsoil will be removed across the primary mining cells prior to mining. At any given time, approximately 1,500 to 10,000 cubic yards of topsoil will be stockpiled near the processing area. Overburden removal depth ranges from less than one foot to approximately 6 feet. Page 4 of 9 h. The proposed use of reclaimed lands and an explanation of the reclamation process. The designated post -mining use of the reclaimed land is industrial development. Once wet mining is complete in a portion of a cell, the operator may backfill to any appropriate elevation up to the final reclamation grade. Backfill in groundwater is taken only from overburden or borrowed from other areas of the site, in all cases being clean, native soil material. Typically, the process of stripping overburden from an adjacent mining cell will commence once the wet mining area of its neighboring cell is set to receive backfill. Backfill above groundwater may be overburden, borrow, recycled and processed aggregate, or imported inert fill. The operator will retain the option to selectively leave sand and gravel in place at its discretion. The intent of reclamation grading is to establish buildable sites for industrial development. The operator will tailor post -mining lot sites to suit market demand, responding especially to prospective buyers who wish to immediately establish a post -mining land use. It is anticipated that flexibility in final reclamation grades is beneficial. For example, establishing final reclamation grades at a lower relative elevation than pre -mining contours may provide desirable natural screening for yard areas, loading docks, storage tanks, and other industrial appurtenances. Depending on the availability of fill materials, final reclamation representing a net cut may also allow for quicker conversion of affected land to beneficial post -mining use. Alternately, final reclamation grades representing a net fill may be appropriate to facilitate positive drainage in an intensively developed industrial subdivision with numerous pad sites. i. The source of technical advice in that type of reclamation for open cut mining land. The Applegate Group in Westminster, Colorado, is the applicant's permitting representative for a state reclamation permit (DRMS application M-2016-030). Technical work includes geotechnical analysis verifying the stability of open cut slopes and nearby structures. 2. A statement which explains how the proposal is consistent with the Weld County Comprehensive Plan. Sec. 22-5-70. - Commercial mineral deposits ("aggregate") and ore mineral resources. B. States that "the County recognizes that mineral resource extraction is an essential Page 5 of 9 industry. The availability and cost of materials, such as sand and gravel, have an effect on the successfulness of the general construction and highway construction industries." This proposed project will allow for recovery of construction materials within the areas of need and within the established transportation corridor of Weld County. Reclamation of the site improves the land for industrial use, implementing existing zoning and long- range land use plans for the area. Section 22-5-70.CM. Goal 2. states: "Promote the reasonable and orderly exploration and development of mineral resources." The subject property is identified as an alluvial sand and gravel resource in U.S. Geological Survey mapping and is proximate to existing aggregate operations. Section 22-5-70.3 CM.Policy 2.3.states: "Ensure that development of mineral resources addresses the impacts of -such development." The proposed mining location is an industrial zoned area. This application and the state reclamation permit include the study of potential impacts and appropriate mitigation measures, as attached. 3. A statement which explains how the proposal is consistent with the intent of the district in which the use is located. Open pit mining is allowed as a Use by Special Review according to Section 23-3- 330.D.7. Temporary use of the site by heavy equipment is generally consistent with industrial use and is consistent with existing and planned industrial uses on surrounding land. 4. If applicable, a statement which explains what efforts have been made in the location decision for the proposed use, to conserve productive agricultural land in the agricultural zone district. The proposed facility is located on approximately 190 acres of Weld County Industrial (I- 3) zoned property. The property is not considered agricultural land and is not in the AG Zone district. 5. A statement which explains there is adequate provision for the health, safety and welfare of the inhabitants of the neighborhood and the County. The operation is subject to various local, state and federal rules, including safety regulations of the federal Mine Safety and Health Administration and the state Division of Reclamation, Mining and Safety. The operation will obtain all requirement permits Page 6 of 9 and adhere to applicable dust control, waste removal, surface drainage plans, as well as applicable requirements of the Weld County Code addressing land use, including Use by Special Review procedures. 6. A statement describing the existing surrounding land uses and explaining how the proposal will be compatible. The existing surrounding property uses include Haliburton Energy Services to the north and Vestas Blade America to the south of the property. The property to the east and west is the City of Fort Lupton and is zoned industrial and includes a mining site similar to the proposed project. The Union Pacific Railroad bisects the property. Natural topography as well as stockpiles and significant buffer distance to adjacent uses ensure compatibility with surrounding land uses. 7. A statement describing the existing land use. The site is a former feedlot and pastureland. The land has been largely vacant since 2005, though augmentation wells have been maintained as recently as 2013. 8. Describe, in detail, the following: a. How many people (employees, visitors, buyers, etc.) will use this site? Ten (10) employees will be employed at the site. The site will also be served by haul trucks and occasional visits from service trucks and customer representatives. b. What are the hours of operation? The facility will customarily operate during daylight hours. Primarily 6:00 am to 7:00 pm Monday through Saturday. Occasional extended hours may be utilized to respond to night work on construction projects or other extraordinary demand. c. What types and how many animals, if any, will be on this site? N/A d. What kind (type, size, weight) of vehicles will access this site and how often? Class 7 and Class 8 tractor -trailer aggregate haul trucks will access the site on a daily basis. An additional 5-10 pickups will access the site on a daily basis. On -site use of dozers, loaders, and off -road haul trucks is also anticipated. e. Who will provide fire protection to the site? Page 7 of 9 Fort Lupton Fire Protection District. f. What is the water source on the property? (Commercial well or water district). The Fulton Ditch or adjudicated water from a well (e.g., gravel well or existing CCWCD wells) will supply water for limited augmentation water needs. Bottled water will be provided for employees. The operator will use water for dust control in conjunction with the state and local air emissions permitting requirements. Fully consumable water will be imported to the site or obtained through permitted wells. g. What is the sewage disposal system on the property? (Existing and proposed). Portable lavatories. h. If storage or warehousing is proposed, what type of items will be stored? The operation will maintain on -site a 1,300 -gallon diesel fuel storage tank, with secondary containment, for refueling the mine's haul trucks, excavators, and processing equipment. Other vehicle maintenance items may be stored on -site in a construction trailer, such as spare parts or grease guns to lubricate the equipment. More intensive maintenance (e.g., oil changes, hydraulic fluids, etc.) will be completed by a maintenance contractor, who will transport the needed supplies and petroleum products to the site. The maintenance contractor will also remove any waste generated from the maintenance activities for proper disposal. i. Explain where storage and/or stockpile of wastes will occur on this site? The operation will temporarily stockpile any unmarketable material resulting from gravel processing near the processing site for subsequent use in reclaiming the mine. Stockpile areas will be protected from erosion by silt fence, earthen berms, or similar measures. Trash will be collected and contained in a covered dumpster near the processing area and hauled off -site regularly by a local trash service. j. Explain the proposed landscaping/screening for the site. The landscaping shall be separately submitted as a landscape plan map as part of the application submittal. No permanent landscaping/screening is proposed for the site. The operation will be located in a remote area of Weld County. Strategically -located stockpiles, topography and distance from County roads will provide natural screening. Page 8 of 9 k. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. Timetable 23-2-60.C.12. Sand and gravel recovery is anticipated to begin in late 2016 or early 2017, immediately upon receiving required authorizations. 1. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. Please refer to Reclamation Plan in the Mining Application. m. Explain how the storm water drainage will be handled on the site. Existing stormwater will be diverted around the site in two perimeter trenches. Stormwater within the active mining and reclamation areas will be directed to the pit floor, where it will infiltrate. Mining and reclamation activities will not change the overall imperviousness of the site or increase stormwater flow or concentration. The operator will implement best management practices to control stormwater runoff as necessary. Refer to the attached Drainage Narrative for more details. n. Method and time schedule of removal or disposal of debris, junk and other wastes associated with the proposed use. Portable toilets will be emptied weekly, or as needed, by the contractor providing sanitary services to the site. A covered dumpster for trash and similar debris will be emptied monthly, or as needed. No structures or debris associated with the mining operation will remain onsite after reclamation. o. A statement delineating the need for the proposed use. The Valley's Edge Resource is a mining and reclamation project that will improve conditions on the subject property for future development. After being used as a feedlot for many years, the subject property was vacated; access to the bulk of the property was lost. The proposed Use by Special Review integrates clean-up of abandoned facilities, compost piles, weeds and refuse with the reestablishment of access and overlot grades. Consistent with state policy in the Mineral Preservation Act (C.R.S. § 34-1-101, et seq.), a mineral recovery phase results in production of essential commodities, including sand and gravel, topsoil and general fill. These commodities are a primary component of road base, pipe bedding, asphalt, concrete, and other construction materials, needed for infrastructure and economic development in the greater vicinity of Weld County and Northern Colorado. Mining and reclamation promotes the recycling of asphalt and concrete, and final reclamation will result in land suitable for industrial and commercial users. Thus, the Valley's Edge Page 9 of 9 Resource implements state policy, current industrial zoning, and long-range land use plans for the subject property. 9. A statement which explains the Use by Special Review area is not located in a flood plain, geologic hazard and Weld County Airport overlay district area; or that the application complies with Chapter 23, Article V, Overlay District Regulations as outlined in the Weld County Code. According to the Flood Map FIRM panel available on the Weld County Property portal, Property Data Search, the site is not located within the flood zone. Based on our site visit and the fact that there will be no permanent structures built on the site, no geologic hazards were identified that would adversely impact the development of the proposed operation. Chapter 23, Article V of the Weld County Code indicates that the Airport Overlay District is located in Sections 2 and 3, T5N, and Sections 26 and 35, T6N, R65W of the 6th P.M. The proposed mining operation is not located in any of the foregoing sections of land. Thus, the area is not within a Weld County Airport Overlay District, the Weld County Property Information Portal confirms this conclusion. AGPROfessionals DI-VI;LC?PE:K,S or .AC KIC:IILT L=KF Valley's Edge Resource Use by Special Review Access Statement Access to the Valley's Edge Resource property will be achieved from Weld County Road 8 which is owned by the City of Fort Lupton. The Applicant has met with the City of Fort Lupton and has reviewed with the City the proposed land use and technical review. ENGINEERING, PLANNING, CONSULTING & REAL ESTATE 3050 67th Avenue • Suite 200 • Greeley, CO 80634 970.535.9318 / office • 970.535.9854 / fax • www.agpros.com AGPROfessionals �■ 1)G1 I?I C 1'I'RS (3FA(;RI(:GI:I'LiRL Valley's Edge Resource Use by Special Review Dust Abatement Plan A water truck will be used to treat the on -site areas (haul roads, aggregate processing areas, etc.) in order to suppress dust. A 1,000 -gallon water truck and/or sprinklers will be used to control dust in circulation areas and material handling/stockpile areas. Vehicle speeds will be reduced on -site and posted at 10 mph on the access road into the pit and within the pit. All loaded trucks will be required to tarp/cover loads when entering or exiting the pit to aid in dust suppression. On a daily basis prior to starting up plant operations, all haul roads, processing area, circulation areas and stockpiles will be inspected to determine if wetting the surfaces is needed. If road and stockpiles are dry where dust could be generated, they will be wetted using a water truck. Areas that cannot be reached using the water truck will be wetted using sprinklers. The same areas will be inspected again at mid -day to determine if they need to be wetted again. A water truck will be on stand-by so the areas can be wetted at any given time in order to suppress dust should operations begin to generate dust that is leaving the site. Waste Handling Plan The operation is expected to generate limited amounts of waste requiring disposal. These wastes will be comprised primarily of household (trash) and sanitary wastes. The operator will collect and contain trash in a covered dumpster near the processing area, and have this waste removed regularly by a local trash service, such as Waste Management of Northern Colorado, 40950 County Road 25, Ault, CO 80610, (970) 674-2500. The operation will manage sanitary wastes via portable toilets. The operator will utilize an appropriate sanitary services provider to manage the toilets and remove and dispose of contents periodically in accordance with applicable requirements. Mining operations should generate minimal waste. The operator will temporarily stockpile non - salable materials from gravel processing near the processing site for subsequent use in reclaiming the mined area. Any leaks from equipment or vehicles will be addressed in accordance with applicable requirements, including disposal at appropriate facilities. ENGINEERING, PLANNING, CONSULTING & REAL ESTATE 3050 67'h Avenue • Suite 200 • Greeley, CO 80634 970.535.9318 / office ■ 970.535.9854 / fax • www.attpros.com LIE AGPROfessionals mgm DEVELOPERS AGRICULTURE Valley's Edge Resource Use by Special Review Notice of Inquiry Statement Weld County policy for Notice of Inquiry as directed by the Weld County Planner at the pre -application meeting is for the Weld County Planning Director to notify City of Fort Lupton of this Use by Special Review Request. The Applicant has met with the City of Fort Lupton and has reviewed with the City the proposed land use and technical review. ENGINEERING, PLANNING, CONSULTING & REAL ESTATE 3050 67"' Avenue • Suite 200 ■ Greeley, CO 80634 970.535.9318 /office • 970.535.98541 fax • www.agpros.com Diana Aungst Subject: FW: Pre Application Diana, We are currently working with the applicant concerning access to the site. They have a pre -application meeting with us tomorrow to discuss options concerning the access to the site through an adjacent property. We will continue to work with the applicants concerning the access and any potential impacts to the City roadways. We look forward to reviewing the application through the referral process and will make formal comments as part of that process. Have a great week. Todd A. Hodges Planning Director City of Fort Lupton 303-994-3174 From: Diana Aungst[mailto:daun,ust(rco.lvcld.co.us] Sent: Sunday, August 28, 2016 2:12 PM To: Todd Hodges <thodtzcs(ii fortlupton.ora> Subject: FW: Pre Application Todd: Any comments on this PreApp? Thanks! Diana Aungst, AICP, CFM Planner II Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 970-400-3524 Fax: (970) 304-6498 daung-st(c.)vcldizov.com WWW.Wclduov.com CID 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 1 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: Tom Parko Jr. Sent: Thursday, July 14, 2016 4:34 PM To: Tommy Holton <TIlolton(u_.fort lupton.org> Cc: Todd Hodges <thodgcsrafortlupton.or2>; Claud Hanes <CIJancsra fortlupton.or<z>; Diana Aungst <dauntzstra co.weld.co.us> Subject: Pre Application Mayor, Attached is a pre application located in Fort Lupton's CPA. Regards, Tom Parko, M.A. Director of Planning Services Weld County Dept. of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Office: 970-400-3572 Mobile: 970-302-5333 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. This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http 'www.svmantcccloud.com This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http:/. ww,\N,ww,.svrnantcccloud.corn 2 Valley's Edge Resource Regular Operation 112 Mining Permit Application Weld County, Colorado 1WCR81. July 2016 AG File No. 10-116 Prepared for: amp Brannan Sand and Gravel Company, I.L.C. 2500 E. Brannan Way Denver, CO 80229 Prepared by: rApplegate Group, Inc. Water Resource Advisors for the West 1490 W. 121st Ave,, Suite 100 Denver, CO 80234 Phone: 303-452-6611 Fax: 303-452-2759 vi/ww.applegategroup.com STATE GIL C LORADO DIVISION OF RECLAMATION, MINING AND SAFETY Department of Natural Resources 1313 Sherman SI, Room 215 Denver, Colorado 80203 Phone: (303) 866-3567 FAX: (303) 832-8106 CONSTRUCTION MATERIALS REGULAR (112) OPERATION RECLAMATION PERMIT APPLICATION FORM CHECK ONE: ID There is a File Number Already Assigned to this Operation Permit # M - COLORADO DIVISION OF RECLAMATION MINING SAFETY (Please reference the file number currently assigned to this operation) New Application (Rule 1.4.5) ELConversion Application (Rule I.11) Permit # M - Q Amendment Application (Rule 1.10) (provide for Amendments and Conversions of existing permits) The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (1) the application form; (2) Exhibits A - S, Addendum 1, any sections of Exhibit 6.5 (Geoteehnical Stability Exhibit; and (3) the application fee. When you submit your application, be sure to include one (1) complete signed and notarized ORIGINAL and one (1) copy of the completed application form, two (2) copies of Exhibits A - S, Addendum 1, appropriate sections of 6.5 (Geotechnical Stability Exhibit, and a check for the application fee described under Section (4) below. Exhibits should NOT be bound or in a 3 -ring binder; maps should be folded to 8 /2" X 11" or 8 1/2" X 14" size., To expedite processing, please provide the information in the format and order described in this form. GENERAL OPERATION INFORMATION Type or print clearly, in the space provided, ALL information requested below. 1. Applicant/operator or company name (name to be used on permit): Brannan Sand and ravel Company, L.L.C. 1.1 Type of organization (corporation, partnership, etc.): Limited Liability Company 2 Operation name (pit, mine or site name): 3. Permitted acreage (new or existing. site): 3.1 Change in acreage (+) 3.2 Total acreage in Permit area Valley's Edge Resource Fees: 4.1 New Application 4.2 New Quany Application 4.4 Amendment Fee 4.5 Conversion to 112 operation (set by statute) 5. Primary commoditie(s) to be mined: Gravel Sand 5.1 Incidental commoditie(s) to be mined: 189.66 189.66 $2.696.00 $3,342.00 $2229.00 $2,696.00 Borrow (fill dirt) Topsoil 1, Gold - <1 lb lbs/Tons/yr 2. 3. ! lbs/Tons/yr 4. f lbs/Torts/yr 5. / 5,2 Anticipated end use of primary commoditie(s) to be mined: 5.3 Anticipated end use of incidental commoditie(s) to be mined: Construction materials permitted acres acres acres application fee quarry application amendment fee conversion fee lbs./Tons/yr lbs/Tons/yr Construction materials 6. Name of owner of subsurface rights of affected land: If 2 or more owners, "refer to Exhibit O". 7 Name of owner of surface of affected land: 8. Type of mining operation: See Exhibit 0 Brannan Sand and Gravel Company, L.L.C. Surface Underground Location Information: The center of the area where the majority of mining will occur: COUNTY: Weld PRINCIPAL MERIDIAN (check one): SECTION (write number): TOWNSHIP (write number and check direction): RANGE (write number and check direction): QUARTER SECTION (check one): QUARTER/QUARTER SECTION (check one): 6th (Colorado) 10th (New Mexico) kite S 20 66 FlNorth ■ NW East ElSouth ElWest SW GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation): VlCR, east of Hwy 85, between northern limits of Brighton and southern limits of Ft. Lupton, at elevation 4970. East of 10. Primary Mine Entrance Location (report in either Latitude/Longitude OR UTM): Latitude/Longitude: Example: (N) 39O 44' 12.98,' (W) 104° 59' 3.87" Latitude (N): deg 40_ min 2 sec 38 40 (2 decimal places) Longitude ('' ): deg 104 min � sec s . 76 (2 decimal places) OR Example: (N) 39.736910 (W) -104.98449' Latitude (N) (5 decimal places) Longitude(W) . (5 decimal places) OR Universal Tranverse Mercator (UTM) Example: 201336.3 E NAD27 Zone 13 4398351.2 N UTM Datum (specify NAD27, NAD83 or WGS 84) Nad 83 Zone 13 Easting Northing - l 1. Correspondence Information: APPLICANT/OPERATOR (name, address, and phone of name to be used on permit) Contact's Name: Alex Schatz Title: Brannan Sand and Gravel Company, L.L.C. Company Name: Street/P.O. Box: City: State: Telephone Number Fax Number: 2500E. Brannan Way P.O. Box: Denver CO Zip Code: 80229 ( 303 ) _ 534-1231 - PERMITTING CONTACT (if different from applicant/operator above) Contact's Name: Torn Hatton or Carrie Herbolsheimer Title: Company Name: Applegate Group Street/P.O. Box: 1490 W. 121st Ave. Suite 100 P.O. Box: City: Denver State: CO Zip Code: 80234 Telephone Number: 303 ) - 452 - 0811 Fax Number: ( 303 } _ 452 - 2759 INSPECTION CONTACT Contact's Name: Title: Company Name: Street/P.O.. Box: P.O. Box: City: State: Zip Code: Telephone Number: ( ) - Fax Number: ( ) - CC: STATE OR FEDERAL LAN.DOW1\IER (if any) Agency: Street: City: State: Zip Code: Telephone Number: ( ) - CC: STATE OR FEDERAL LANDOWNER (if any) Agency: Street: City: State: Telephone Number: ( ) Zip Code: 12. Primar future Post -n in in , land use cheek one): Cropland(CR) Pastureland(PL) Rangeland(RL,) Forestry(FR) Residential(RS) Recreation(RC) riDeveloped Water Resources(WR) 13. Primary present land use (check one Cropland(CR) Pastureland(PL) Rangeland(RL) Forestry(FR) Residential(RS) Recreation(RC) Developed Water Resources(WR) General Agriculture(GA) Wildlife Habitat(L) Industrial/Cornmercial(IC) I Solid Waste Disposal(WD) General Agriculture(GA) Wildlife Habitat( L) Industrial/Commercial+IC) 14. Method of Mining: Briefly explainmining method (e.g. truck/shovel): Partial dry mine (load), partial wet mine. Wet mine with no dewatering; material extracted with excavator and or dragline. 15. On Site Processing: Crushing/Screening 13,1 Briefly explain mining method (e.g. truck/shovel): Surface mine unconsolidated material. Loader to conveyor or haul truck, with onsite processing. Wet material to be stockpiled temporarily on mine floor for drying. List any designated chemicals or acid -producing materials to he used or stored within permit area: 16. Description of Amendment or Conversion: If you are amending or converting an existing operation, provile a brief narrative describing the proposed change(s). Maps and Exhibits: Two (2) complete, unbound application packages must be submitted. One complete application package consists of a signed application form and the set of maps and exhibits referenced below as Exhi bits A -S, Addendum 1, and the Geotechnical Stability Exhibit. Each exhibit within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered co nsecutively for ease of reference. If separate documents are used as appendices, please reference these by name in the exhibit. With each of the two (2) signed application forms, you must submit a corresponding set of the maps and exhibits as described in the following references to Rule 6.4, 6.5, and 1.6.2(1)(b): EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I EXHIBIT J EXHIBIT K EXHIBIT L EXHIBIT M EXHIBIT N EXHIBIT 0 EXHIBIT P EXHIBIT Q EXHIBIT R EXHIBIT S Rule 1.6,2(1)03) Rule 6.5 Legal Description Index Map Pre -Mining and Mining Plan Map(s) of Affected Lands Mining Plan Reclamation Plan Reclamation Plan Map Water Information Wildlife Information Soils Information Vegetation Information Climate Information Reclamation Costs Other Permits and Licenses Source of Legal Right -To -Enter Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined Municipalities Within Two Miles Proof of Mailing of Notices to County Commissioners and Conservation District Proof of Filing with County Clerk or Recorder Permanent Man -Made Structures ADDENDUM I - Notice Requirements (sample enclosed) Geotechnical Stability Exhibit (any required sections) The instructions for preparing Exhibits A -S, Addendum 1, and Geotechnical Stability Exhibit are specified under Rule 6.4 and 65 and Rule 1.6.2(1)(b) of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the informatbn required, or would like to schedule a pre -application meeting you may contact the Office at 303-866-3567. Responsibilities as a Permittee: Upon application approval and permit issuance, this application becomes a legally binding document. Therefore, there are a number of important requirements which you, as a permittee, should fully understand. These requirements are listed below. Please read and initial each requirement, in the space provided, to acknowledge that you understand your obligations. If you do not understand these obligations then please contact this Office for a full explanation. 1. Your obligation to reclaim the site is not lituitedto the amount of the financial warranty. You assume legal liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands associated with your mining operation in the event your permit is revoked and financial warranty is forfeited; U, /kg clm Aso 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information contained in the application or your permit misrepresent important material facts; 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit boundary, substantial civil penalties, to you as permittee can result; 4. Any modification to the approved mining and reclamation plan from those described in your approved application requires you to submit a permit modifiction and obtain approval from the Board or Office; 5. It is your responsibility to notify the Office of any changes in your address or phone number; 6. Upon permit issuance and prior to beginning on -site mining activity, you must post a sign at the entrance of the mine site, which shall be clearly visible from the access road, with the following information (Rule 3,1.12): a. the name of the operator; a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, the permit number. 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly visible and adequate to delineate such boundaries prior to site disturbance. 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and conditions listed in your application, as well as with theprovisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. 9. Annually, on the anniversary date of permit issuance, you must submit an annual fee as specified by Statute, and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if there are changes from the previous year), any tnonitor'ing required by the Reclamation Plan to be submitted annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For example, a permit with the anniversary date ofJuly 1,1995, the annual fee is for the period of,luly 1, 1994 through June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the permittee, to continue to pay your annual fee to the Office until the Board releases you from your total reclamation responsibility. 10. For joint venture/partnership operator the signing representative is authorized to sign this document and a power of attorney (provided by the partner(s)) authorizingthe signature of the representative is attached to this application. NOTE TO COMMENTORS/OBJECTORS: /OBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefor if you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will know what changes may have been made to the application document. The Office is not allowed to consider• comments, unless they are written, and received prior to the end of the public comment period. You should contact the applicant for the final date of the public comment period. If you have questions about the Mined Laid Reclamation. Board and Office's review and decision or appeals process, you may contact the Office at (3 03) 866-3567. 8 Certification: As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following terms and conditions: 1. To the best of my knowledge, all significant, valuableand permanent man-made structure(s) in existence at the time this application is filed, and located within 200 feet oftheproposed affected area have been identified in this application (Section 34-32.5-115(4)(e), C.R.S. . 2. No mining operation will be located on lands where such operations are prohibited by law (Section 34-32.5-115(4)(f), C.R.S.;. 3. As the applicant/operator, I do not have any extraction/exploration operations in the State of Colorado currently in violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials (Section 34-32.5-120, RI .) as determined through a Board finding. 4. 1 understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class I misdemeanor pursuant to Section 18-8-503, C.R.S. This firm has been approved by the Alined Lanii Reclamation Hoard pursuant to section 34-3254 12,C.R.S., of the Colorado Land Reclamation Act, for the Extraction of Construction Materials. Any alteration or modification of ties form shall result In voiding any permit issued on the altered or rrrodj/ red form and subject the operator to cease and desist orders and civil penalties for operating without a permit pursuant to section 34-32.5-123, CR. . Signed and dated this day of Applicant/Operator or Compa y a.�me Signed: Title: t If Corporation Attest (Seal) State of E,4_ to ) ss. County of PIALA1/4,---,),..-- ) The foregoing instrument was acknowledged ed before me this ao g day of Oct la , by 4-1-as L. 1 _ -,ea ,4Thr., as STEPHANIE A. ZIEGLER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19944015234 MY COMMLSSION EXPIRCS September 33.2018 Corporate Secretary or Equivalent Town/City/County Clerk 5 of Q Notary Public My Commission expires: SIGNATURES MUST BE IN BLUE INK You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a NOTICE This site is the location of a proposed construction materials operation. Brannan Sand and Gravel Co., whose address and phone number is 2500 Brannan Way, Denver, CO 80229, (303)534-1231, has applied for a Regular (112) Construction Materials operation Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application may view the application at the Weld County Clerk and Recorder's office; 1402 N 17th Ave Greeley, CO 80631(970) 353-3840, or the above --named applicant and should send comments prior to the end of the public comment period to the Division of Reclamation, Mining, and Safety, 1313 Sherman St, Room 215, Denver, Colorado 80203, 303-866-3567. Certification: ey - ,� ` \ t s`--� r lahereby certify that I posted a sign containing the attached notice for the proposed permit area known as the Valley's Edge Resource Pit , on go 4 G SIGNATURE DATE 5;01ICI; TN* We a e4,r 411tHk%r tit i tva1v.. J c. et -when ai!..nalt traratw'a Wiwi carat 4r4 tints! l ,'" ., wt... ±sM13S n indce :nuta f r,f is ?AO !Inn= Way, Nina, no Ror1 I )514.2;1, La antrid kr a Env tar f l t1,l(t n nwai a Alater�.1, lqusgle.tm It casino 1 ea N crtwur. it w 0, i,►k ra l; Mani I sal Actlmast a'u 1l.Nrd An) Anti: w ..Mij 1 Walahrnt Lw ate arrkc 1i.t SIy. r ire dbe a4'1'*N*.. yt dot Weld C*waw fist and XentnLT's tNRit lard N INK Mr tier.l,'T.CO.06 N l9T1:9 &I,tc4 rr the cPm r •nrlrxd tt + k ri J,adj wed nw a cntc per q Ia thr ail 4 04 punk nernorat !VIVA S Oil ntvafRceberm rvt, Martini, aalSkis) I11tSILenhiroit,Retin144 Dew a. Colonial l meal N10166-3 567 Summary The Valley's Edge Resource is a construction materials site of approximately 190 acres in Weld County, Colorado. The site is a former feedlot and pastureland, located in an urbanizing area at the fringe of the South Platte River valley. Underlying the land surface in this area is a commercial sand and gravel deposit, the Broadway Alluvium. In concert with land use planning and economic development opportunities in the U.S. Highway 85 corridor between Brighton and Fort Lupton, the goal of the Valley's Edge Resource project is to observe state policy, recovering commercially valuable minerals prior to the construction of permanent buildings, while reclaiming the site to a condition suited to its intended long-range use as industrial development. Over a limited period of 10 to 20 years, commercial aggregate and other construction materials will be mined and processed at the site. With a designated post -mining use of industrial development, backfilling is necessary in certain areas of the site to establish final reclamation grades. Backfill will be generated in a coordinated strategy that utilizes a combination of on -site cut and fill, recycled construction materials, and imported inert fill. The recovery of construction materials at the Valley's Edge Resource, the subject of this permit application, is a first and essential step toward restoring the beneficial use of presently vacant land that has been idle for at least ten years, since it was last used as a feedlot. Mining and reclamation plans have been carefully developed to advance long-term goals. The prospect of post -mining industrial land use is enhanced by new access to the site, rationalized grading and drainage, and the operator's ability to implement use -specific development standards as part of its mining and reclamation plans. General Notes and Disclaimer This application package contains proprietary information concerning the location, size, and nature of the deposit to be mined, the thickness of overburden, and plans for stockpiling. The applicant therefore reserves the right to maintain the confidentiality of any of this information pursuant to C.R.S. § 34.32.5- 112 (8). The applicant intends for this information to be protected by the Mined Land Reclamation Board and the Division of Reclamation, Mining and Safety, generally, and has rearticulated this intent on certain exhibits for redundancy, not by way of limitation. Exhibit A — Legal Description The Valley's Edge Resource in Weld County, Colorado, is part of a contiguous property of approximately 212 acres, including railroad right-of-way and areas not a part of mining or reclamation plans. Of this total acreage, approximately 190 acres are affected area under the proposed reclamation permit. The affected area and other locational features of the site are depicted on the vicinity map in Exhibit B. The mining area straddles the center point of Section 20, Township 1 North, Range 66 West, and generally includes land in the 40 -acre quarter -quarter sections adjacent to that Section 20 center point (i.e., the NWY4 SE 1/4, the SW % of the NE 34, the SE % of the NW 14, and the NE 14 of the SWY4). The property is commonly known by its address of 2542 Weld County Road 27. A detailed description of the property is also found in the Contract to Buy and Sell Real Estate included with Exhibit N. The primary access to the Valley's Edge Resource will be a driveway on the south side of Weld County Road 8, to be located approximately 3,000 feet east of the intersection of Weld County Road 8 with Weld County Road 27. Coordinate location information for this access point is given as: N 40° 2' 38.40", W 1042 47 55.76". Exhibit B Index Map Lawdttaambiddeepiin:icu.a moaYdnwga}s9alddra&aw 6stz-zst (£a£) aced SZU - EZ0B Q) IgiataXI 1199 -TO (EDS) ;maid 001 aS'acv1siZt P ahl 0691 Isad% a a I4) SIoSppb a?It1oSoj Joie/i1 . q'dnm a;efieiddy Ml• m m 4 •- 1- -• t- -4- I • deht x0pul - 14Y ltgxa DTI `Auedwop pAeJ9 pue pugs ueuue.zg i as Howe a pp s,AO1IEA u \d% Jpietg v ug61dins 'ua spaj Pistil, laPu I • a at'n\ud vodnl kiktsuiPasiMSZ 1d um W891 lOWN'ctd bid Sl t21 -y 418L1it/9 • PKRS 41it0 Ma'Aa8 I "ON •7 1s :i(g UMEIQ 9TT-OT :# go( 9103 un(T Z :alto _—•r • tv c R 0 i i ALI Exhibit C Pre -Mining and Mining Plan Maps Exhibit C-1. Pre -Mining Plan Map and Exhibit C-2 Mining Plan Map are included in the following pockets. Gag 'Mali Iac kW,. VII 1,•) FttN)3Si.. tM SNOISIMSI wargalowesapils saa agpi, ego thautzsdaferple ;pp 65.1210406 I snit IMO rine co 'Ammo an wars`a&VRILIRIMWI C)4) a1G4►►tt'lai'rdaV'taaz.N 841% &*&1+10 11 ;whew '104It2i-RI/W OR a1s 9 Z U )w/d uN tita sassavw a,mmay atom a°1 idnou dVfl DNINIW�b e;efeiddy 1.•0 MUM Ii I 7 6Z C\'Ohl Al W.4OO 1 I N 4 sit E C EI I C t gym_] g ig Et I- �e g� .s� DZt gi g 2 ri C, i t t Stnicurre O*r* a w4th:' 2CO 144t - I. -MP.... . pp `$ r —- I 11 IrI 1 jJjijilfl' �F ii ii t dal i 1i is iii 0 Join 1 lit i� 1 it iiu n f Zsm MOO raIII.7 I r--- .'id b6J --'-k I W I ii f a4, .1 iI,flhi ti I ;IA; I i r II II 1 ft 1kt 1 gi tt " Ik 4— —340-4- 11Ui �9 t II 1 izi ii, Pi ri teas e I'z l z 0co O iLLI De Ve Q CI a. (N,1 ;II Ce II W I > IC O ._ . "So ja +—t.-i kwa•wra ew Ys d. 1aY.'/ rYdl iilat4 amiss . • • l t O k a I Ill Z t+P+IA MOK Ni+a ea rune.,•+ Weld p11&10 kik a Yl e a 3e It --Arnow Matizi t II a a II I I r: _f a 4 U a --I. - fa, ai.i'- : sa0w- rdk a u 6 1-22PM.€ rap 40 11 Lab fa! 4°° z Luce iii €a u°LIF 3�€�¢i��•*xoT { W `E�iocI 1u.1i JJ'aalSur 11 S toyaios �jrL Cot` 'F4 it"'A 10111;42 �+0 Peil is:4dd I; a fir *Pk Pia48*G0 p3 ti egf Wton hI ar aa� Kc1,11St(too a. I1l9`ltt{{Dryt 09 W� ng !061MISS `uV lilt! Mk QfJ W a •OW IMMA 1P auidnnao a;e6aiddy �d'M t' UNINIWii EWLWddVrS ea; Vas .� Sj.yam t-, i'CV'�e:.Ylf beI SLro-Z4"'Har.M• Ht7::ti /.....ob SNOISUIMU aka U,)iHJ JAB 3LM7 14 Is. `" gn ti it; \34, 0 L a a" • r - 11 R C 2 EZ CCra=.SV .2�+'b'�i SI Ft 4 Iif °s ■- o;� x . a !! se tl Ek q�,°aV i- .fit !'■,'. �rio ` fi{or{1iyp pOVdR 1 ill Ijig I " j: leE_ II M X25. E Fa tit' I 1 iii t Pissitlp ! wg ° 1] 6: 'x ? j1v it -1R5 . oRt oi_e—m- 11 k 22c c ii E u �ixw,-a.rMet til° i 21 11 L'1!illi a olipli I; itoikeilm a t iti tli 0$4 c 1 Its Kg piN • U 8 f _ •D0"9 A 5 y a rP ¢ Q n w bgiv lityt !Ili2 elli A;te ., a gl� o a4 fA iS a as y a o V a4 O Y O s 11 E o i 4 • r- V t 0 l I 0 (44 8 Pt 3� 6i H tJ gli ged gigs PIllp: 16E i$:;9' iiE al F - C? Z i Exhibit D - Mining Plan The Valley's Edge Resource is an alluvial sand and gravel resource, located at the eastern margin of the South Platte River valley near Ft. Lupton and Brighton, Colorado. Within the affected area, the commercially -recoverable deposit contains an estimated 5.0 million tons of construction aggregates, though additional sand and gravel is located in areas of the property where extraction may not be deemed commercially practicable. A variety of construction materials will be extracted from secondary mining areas. The operator will extract a total of 500,000 tons to 1.25 million tons per year of sand and gravel from primary mining areas. Over the life of the mine, up to 1.0 million tons of other commodities — borrow, general fill, topsoil — may be extracted from the affected area. Character of the Resource and Intended Uses The primary commodity to be mined at the Valley's Edge Resource is sand and gravel. Primary mining cells on the western part of the affected area are anticipated to provide the bulk of sand and gravel produced over the life of the mine. According to regional mapping by the United States Geological Survey, the subject site is underlain by the Broadway Alluvium and Eolium formations. The Broadway Alluvium is of particular interest, as a significant source of sand and gravel. The areal extent of Broadway Alluvium on the affected area is approximately contiguous with the primary mining cells depicted on Exhibit C-2. Within the planned mining cells, overburden, including topsoil, ranges from inches (e.g., some areas of exposed gravel) to 6 feet. The underlying sand and gravel deposit typically ranges from 20 feet to 30 feet in thickness. While the Eolium formation, located along the eastern side of the subject site, is not generally a commercial sand and gravel resource, gravel seams are expected to continue into this area, and topsoil and fill dirt is expected to be available as a secondary commodity. Sand and gravel will be processed for use in the construction materials market. Likely uses of products include road base, structural fill, pipe bedding, asphalt, concrete, and other uses of construction aggregates. Other Commodities and Incidental Products Land in the eastern portion of the affected area is a source for topsoil, composted soil amendments, and general fill. Up to 2.0 million cubic yards (approximately 3 million tons) of such construction materials may be produced over the life of the mine. No more than 250,000 cubic yards will be transported from the site in any 12 month period. Based on local geology, gold may be present in pit run. The operator may attempt to recover gold using a sluice or other post -screen processing. No other incidental commodities are anticipated. Topsoil may be sold as a construction material, though at least 20,O00 cubic yards will be permanently retained on - site (in place and in stockpiles) to account for up to 25 percent lot coverage by landscape on future industrial lots. Overburden and Site Preparation Topsoil and overburden depth varies across the proposed affected area. An average depth of at least 6 inches of topsoil will be removed across the primary mining cells prior to mining. At any given time, approximately 1,500 to 10,000 cubic yards of topsoil will be stockpiled near the processing area. Generally, commercially recoverable gravel is present at a shallow depth in the valley floor area, encompassing the western portion of the affected area. The eastern margin of the valley floor is marked by rising topography, where, as the ground level rises, the alluvial deposit tapers off beneath. In the valley floor, total overburden depth ranges from less than one foot to approximately 6 feet. Accounting for these conditions, as well as a mining method that will ameliorate the need to stockpile most overburden after the first primary mining cell is established (see below), the operator anticipates stockpiling overburden material in the vicinity of the processing area. This stockpile will screen certain plant facilities. Additional temporary stockpiles and surge piles of classified and unclassified fill material will utilize this same area, though these additional piles are expected to be in place on a seasonal or less frequent basis. Mining Method In the primary mining cells, sand and gravel will be extracted in a cell -by -cell surface mining method. This mining method will initially involve end -loaders or similar equipment directly transferring pit run materials into haul trucks or conveyor loading points. In this initial dry mining stage, loaders establish a temporary pit floor at least one foot above the groundwater table. Based on test pits and boring data, groundwater is located at a depth between 20 and 25 feet below the existing ground surface. Once dry mining has established a sufficient floor area to accommodate temporary stockpiles and additional equipment, a wet mining stage may proceed concurrently or subsequent to dry mining in the cell. Excavators or similar equipment mobilized to the temporary pit floor for wet mining will remove saturated materials between the temporary pit floor and the basement elevation of the sand and gravel deposit. These saturated materials will be stockpiled on the temporary pit floor for a period of time sufficient to dry the pit run and enable screening, crushing, sorting, and other processing. The actual area of wet mining is limited by the operator's plan to expose no more than 5 acres of groundwater at any time (see Exhibit 6 for further detail), or a larger surface area if replacement water is available. As wet mining reaches its maximum area of open water, further extraction of saturated materials will progress linearly, from one side of the mining cell to the opposite. Exposure of new open water requires an equivalent surface area to be backfilled to at least the temporary pit floor elevation, or higher. Once wet mining is complete in a portion of a cell, the operator may backfill to any appropriate elevation up to the final reclamation grade. Backfill in groundwater is taken only from overburden or borrowed from other areas of the site, in all cases being clean, native soil material. Typically, the process of stripping overburden from an adjacent mining cell will commence once the wet mining area of its neighboring cell is set to receive backfill. Backfill above groundwater may be overburden, borrow, recycled and processed aggregate, or imported inert fill. The operator will retain the option to selectively leave sand and gravel in place at its discretion. Mining of borrow material, topsoil, and other secondary commodities may utilize bulldozers, scrapers, and other earthmoving equipment. Processing and Proposed Facilities The operator will develop a scale house and stockpile area near the entry point to the affected area. Equipment located in this area will include stackers, loaders, a wash plant, stormwater and process water pond, product stockpiles, and other standard processing facilities (e.g., crushers, screens/sorting equipment). The access drive connects to internal haul roads near the scale house. To the extent feasible, the operator will also perform field repairs and other maintenance service on equipment in this area. As depicted on Exhibit C-2, the central processing point is a 10 acre piece of land, more or less, in the eastern central margin of the anticipated gravel resource (along the eastern boundary of the primary mining cells). This serves as an optional pad for the location of portable processing equipment and other operations. Gravel extraction may occur under the central processing point at any time, and operation facilities may be located at current ground level or at any excavated elevation. Rubble crushing and screening and other recycling operations are anticipated to commonly occur at the central processing point, or in association with other plant facilities as may be permitted. The operator may utilize conveyor equipment. The most extensive option involves approximately 3,500 linear feet of conveyor run, from the most distant point in the primary mining cells to an intermediate processing point and finally to a stockpile area near the scale house. Conveyor operations may be initiated or decommissioned with a technical revision. In the future, the operator plans to locate other temporary or permanent facilities on the site as allowed by local zoning and in accordance with state reclamation rules. Asphalt or concrete production facilities may be located within the affected area, and the operator will submit a technical revision as required to provide details on the location and character of such plant facilities. Other temporary or permanent facilities may be located on the site, but no specific plans are presented at this time, and the operator may either revise the reclamation permit or seek incremental acreage release to accommodate future plans. Phasing The general sequence to implement and complete active mining includes access and plant set-up, topsoil and overburden removal, dry mining followed by wet mining in individual cells, backfill, and final reclamation. Operations will commence in late 2016 or early 2017, beginning with site preparation. The life of the mine is expected to be less than 20 years, including start-up and reclamation. Four primary mining cells are depicted on Exhibit C-2. Based on preliminary assessment of the sand and gravel deposit, each of these cells contains roughly 1.25 million tons of aggregate. At the operator's expected range of annual production rates, each cell will take between one and three years of continuous, active mining to complete recovery of sand and gravel. The duration of active mining at the Valley's Edge Resource is thus expected to be between 4 and 12 years. Generally, active mining will be conducted in one primary mining cell at a time. However, mining -related activities, starting with stripping and continuing through reclamation may take place in multiple cells simultaneously. In addition to sand and gravel mining, ongoing operations also include mining of fill dirt, compost and topsoil. The operator also intends to complete mining of these secondary resources, in areas outside the primary mining cells, in phases. Post -mining industrial lots will first be developed at the northeast corner of the site, relatively close to the access road. As each given area of secondary mining is scheduled for completion, any excess construction materials that cannot be processed and transported off -site will be stockpiled in adjacent areas that remain part of the active mine. Consistent with Construction Materials Rules, this initial phasing plan is an estimate will be adjusted as required to reflect varying economic conditions and other factors beyond the operator's control. Inert Fill As allowed by Construction Materials Rule 3.13(9), the operator will utilize inert structural fill generated outside the approved permit area as backfill within the affected area. As sand and gravel resources are depleted, backfill will be imported to achieve grades for post -mining industrial land use. The operator will ensure that imported material meets standards for inert fill by following a certification process that accounts for the quality and quantity of each imported load. Inert fill may also be generated as part of recycling activity in the processing area. In accordance with state law, the affected area may include plant facilities that handle recycled asphalt pavement and recycled concrete. Exhibit E - Reclamation Plan Post -mining use of the affected area will be industrial and commercial development. The transition from active mining to reclamation will occur in phases, as described in the Exhibit D mining plan. Reclamation will occur on all affected land to standards that accommodate future industrial use. Specifically, post -mining use for industrial development requires the maintenance of access, overlot grading, and eventual removal of mining facilities. Pursuant to C.R.S. § 34-32.5-116 (4)(p), this plan and the associated plan map forms an understanding between the operator and the Mined Land Reclamation Board as to the minimum requirements necessary for reclamation and does not preclude additional measures to establish a beneficial post -mining use. At the time this application is being submitted, the affected area is zoned for industrial use in the 1-3 Heavy Industrial zone district of Weld County. Annexation to a municipality is consistent with preparation for post -mining use, and may occur during the life of the mine. If annexed, the owner intends to retain industrial zoning. Implementation, by phase or overall, of any locally approved plan for post -mining industrial use is consistent with final reclamation and shall be sufficient evidence to request release from reclamation warranties in the affected area. Final Grading Final reclamation grades may be established on a cell -by -cell basis, or the operator may temporarily place backfill on the temporary pit floor and reestablish overlot grades at a later time. The types of acceptable backfill materials and their applications during mining are described in Exhibit D. The intent of reclamation grading is to establish buildable sites for industrial development. The operator will tailor post -mining lot sites to suit market demand, responding especially to prospective buyers who wish to immediately establish a post -mining land use. It is anticipated that flexibility in final reclamation grades is beneficial. For example, establishing final reclamation grades at a lower relative elevation than pre -mining contours may provide desirable natural screening for yard areas, loading docks, storage tanks, and other industrial appurtenances. Depending on the availability of fill materials, final reclamation representing a net cut may also allow for quicker conversion of affected land to beneficial post -mining use. Alternately, final reclamation grades representing a net fill may be appropriate to facilitate positive drainage in an intensively developed industrial subdivision with numerous pad sites. The base grading condition for reclamation includes rational contouring and engineered stormwater management. For reclamation bonding purposes, no net import to the site is part of this base grading condition. However, as inert fill is imported to the site, it becomes part of the overall balance. Within this flexible standard, the operator commits that, prior to applying for reclamation release, it will obtain an engineering opinion that reclamation contours are stable and suitable for either an imminent land use proposal or an appropriate range of post -mining industrial uses. In addition to general overlot grading, the operator may preserve pillars of native material or place material to accomplish grading for individual lots according to a development plan. Final grading may be adjusted to account for the use of imported fill in specific lot designs and other development opportunities consistent with industrial post -mining use. Topsoiling As noted in the Exhibit D mining plan, the operator will assume for the purposes of initial reclamation planning and the initial reclamation bond that one -quarter of affected land must ultimately be covered by an average of 6 inches of topsoil (as future landscape area on industrial lots). However, there is expected to be some variation in the post -mining use, in terms of the extent of required landscape area and its treatment with vegetation requiring topsoil versus other potential landscape treatments. Thus, the reclamation standard will be revised to match the requirements of any landscape plan, PUD zoning document, or subdivision plans that provide greater specificity in the need for topsoil in post -mining use. Land cover All areas affected by overlot grading will be stabilized with a cover crop or managed as a saleable lot. Because the post -mining use includes making available industrial yard space, a graded, gravel surface or other unvegetated surface (including pavements, mulch, or other landscape treatment) may satisfy reclamation requirements. However, areas with no immediate opportunity for active industrial or commercial use at the time of final reclamation will be seeded with a cover crop to stabilize soils and control weeds. Seeding, Fertilization, and Weed Control Types and quantities of grass and forb species to be planted as a cover are stated in the table below. COMMON NAME BLUE GRAMA (HACHITA) LITTLE BLUESTEM (CAMPER) PRAIRIE SANDREED SANID DROPSEED SIDEOATS GRAMA (VAUGHN) WESTERN WHEATORASS (ARRIBA) SWITCHGRASS UPRIGHT PRAIRIE CONEFLOWER TOTAL BOTANICAL NAME CHONDROSUM GRACILE SCHIZACHYRIUM S COPARIUM CALAMOVILFA LONGIFOLLA SPOROBOLUS CRYPTANDRUS BOUTELOUA CURTIPENDULA► PASCOPYRUM SMITHI.I LBS. PLS PER ACRE 2.1 3.0 3.0 0.3 5.6 8.0 2.0 0.3 24.3 No nutrient deficiencies have been identified in the plant growth medium. In fact, composted soil amendments available on -site are expected to benefit seeded areas. However, if reclamation seeding attempts are initially unsuccessful, nitrogen and phosphorus amendments or other fertilizers may be added as they are deemed necessary to establish vegetation. Mulch may also be used to improve germination and survival rates if seeding is initially unsuccessful. Grass seed will be drilled to a recommended depth of % to % inches at the application rate noted in the table above. Chemical and/or mechanical weed control may be accomplished in the site during grass stand establishment if required. Mowing will be attempted during summer months to control stands of flowering weeds. Exhibit F — Reclamation Plan Map Exhibit F - Reclamation Plan Map is included in the following pocket. •r. l .cam Lit:~17grai n.i a^"af+ b•ra b'• •tt1 .+,+vyar'tuv+K. 7 Mei ' ,ts .ii11-M Maid"MSC CL-}//twh? NS.C 1' i:igV+l 3 !!S at my:.y. % o datanISIA mum MI-14-Ni We :DA 6149 twa 11102 Wilma] Cot ari 'ANY a LI I =t06t1 Oa Al aq. 241 snowy ',flan 'am SNOS JU 4.!#{0 48 O C a;e&Giddy tiois fO3b A MEME M wP.12 11 2 0201, a D D z air MOT• mrm_._.�-- i-Nonsr• rhs & aVOB uNAOO • w�-. Ot Op W cg —Std► Qt€t- t= *- •-�---- .e- - -�- — AMC" lam. ..aei! •.r••••• 11/4 a V3q ta gR Lc x G a Exhibit G — Water Information (1) The Valley's Edge Resource Pit will be a hybrid dry to wet mining operation. Water will be required for production losses and dust suppression. No replacement water will be needed for evaporation from any exposed groundwater until such time as wet mining commences. There will be no pumping of water to lower the water table. Once the overburden is stripped and mined or stockpiled the mining will encounter the water table. The mining will advance incrementally and backfilled as mining progresses. The maximum amount of ground water exposed at any one time, in the mining process, will be 5 acres. in addition, 0.1 acre of ground water will be exposed for the processing pond. Water will drain from the product on site. Therefore the operation will not directly affect the surface water or ground water wells. Replacement of ground water depletion from evaporation will be required, which is discussed below. (2) We obtained a list of all wells in the area from the Division of Water Resources (DWR) withYs mile of the property boundary. The list of wells was culled to eliminate monitor wells, geothermal wells, deep bedrock wells, and wells that had expired permits. The resulting list contained all wells that are completed in the alluvium and have a valid permit. There may be wells listed that have subsequently been removed by development or no longer in service. Any wells that currently are in the mining area that will not be used will be abandoned per State of Colorado regulation. A table of the wells is shown on Table 61. A map of the wells is shown on Figure 61. Also shown on Figure 61 are the surface water features on the land and adjacent land. The proposed Valley's Edge Resource Pit is located in alluvium of the South Platte River. The alluvium thickness ranges from 40 to 70 feet. The local water table is influenced by the South Platte River and the Fulton Ditch that is east (upgradient) of the site. The nearest water course is the South Platte River located approximately one mile west. Underlying the alluvial aquifer is the Lower Arapahoe which in turn is underlain by the Laramie -Fox Hills aquifer. Both are bedrock aquifers of the Denver Basin. The activities will be confined to the mining area. No runoff will occur from the interior of the mine to the exterior. Processing will either occur within the site or offsite. Interior runoff from precipitation will be contained and infiltrate rather than discharge overland to outfalls. The affected area is designed to contain and direct all runoff from off -site and undisturbed areas to the current (east side of UPRR) drainage channel. Disturbed areas, including both primary and secondary mining cells, will be constructed and maintained in a manner that intercepts and directs all stormwater to pit floor areas. In general, mining cells will naturally collect stormwater, where it will evaporate or infiltrate within 72 hours. Any stormwater collected in a wet mining cell is returned to the groundwater. An intercept trench may be constructed on the south (downhill) side of secondary mining areas, as needed to direct runoff to stormwater facilities in the processing area or the pit floor. All required and standard Best Management Practices will be installed in site drainage facilities. (3) The mining operation will result in the depletion of the ground water by evaporation of exposed surfaces and water carried away in the product. The product retains 4% of the water by weight. The mining surface will be limited to 5 acres at any one time. The processing pond will be a maximum of 0.1 acre in size. The operator will use water for dust control in conjunction with state and local air emissions permitting requirements. Fully consumable water will be imported to the site or obtained through permitted wells. The end use of the property is industrial and will not require water for reclamation. The depletions will be replaced under the mechanism of a Substitute Water Supply Plan (SWSP) pursuant to "General Guidelines for Substitute Water Supply Plans for Sand and Gravel Pits", (Updated April 1, 2011), Colorado Division of Water Resources. A SWSP will not be required until the ground water is exposed. Attached is Table G2 showing the water use amounts and depletions. Total estimated depletions caused by the mining in the water table is 50.14 acre feet per year. Prior to exposing ground water the water use will only be for dust suppression and product washing. (4) Brannan Sand and Gravel Co. (Brannan) has two sources available for replacement of the depletions; Fulton Ditch shares and a non -irrigation contract with Central Colorado Water Conservancy District (CCWCD). Brannan owns 35 shares of the Fulton Ditch. Below is a table showing the yield of Fulton shares based on prior court cases. Applicant Case No. Shares Annual Net Depletion (ac -ft per share) Northglen n Zigan Brighton SACWCD CCWCD Cannon Ft. Lupton Brighton 79CW236 82CW393 00CW202 O1CW258 01CW264 03CW084 03CW119 04CW 174 143 35 608.15 446 150 141 174 298 1.20 1.75 1.70 1.76 0.96 2.20 1.55 1.77 Based on these previous cases we are utilizing a yield of 175 acre feet per year per share for the Brannan shares. This results in a total annual yield of Brannan's 35 shares is 61.25 acre feet. The existing land owner is Regional Transportation District (RTD) has a Class D non -irrigation contract (No. 991) which was used in the prior feedlot operation. This contract is being transferred to Brannan upon final sale. The contract is for 117 acre feet per year. A copy of the contract is attached. The CCWCD allotment or the Fulton shares are more than sufficient to replace depletions from the mining operation. Brannan will obtain a SWSP prior to the occurrence of depletions. (5) If needed, the applicant will obtain a NPDES permit prior to commencement of mining activities. C C 3 0 .0 ..s a 0 — 2 - - - E 411 frn TABLE G2. DEPLETIONS FROM VALLEY'S EDGE RESOURCE DEPLETION MON 1.11 % EVAP OF TOTAL LAKE EVAP (it) LAKE EVAP (in) PREC Iv (in.) EFF PRECIP (in) NET EVAP (ft.) WATER SURFACE (acres) PRODUCT (tons) PRODUCT \\ A [ LK (acit) DUST SUPP. (ac.ft.) TOTAL DEP. (ac.ft) EVAP. DE}P.. (ac.1i.) NET EVAP (ins) COLUM > 1 2 3 4 5 6 7 8 9 10 11 `NOV 5.4 0.13 1.61 0.82 0.57 1.03 0.09 -5.1 0.44 100000 2.943 k 0.56 3.94 DEC 3.4 0.08 1.01 0.55 0.39 0.63 IF 0.05 5.1 0.27 100000 2.943 0.56 337 JAN 2.9 0.07 0.86 0.51 0.36 0.51 0.04 5.1 0.22 ` 100000 2.943 0.56 3.72 FEB - 3.2 0.08 0.95 0.69 0.48 0.47 0.04 5.1 0.20 100000 2.943 0.56 3.70, MAR 4.5 0.11 1.34 1.21: 0.85 0.49 0.04 5.1 0.21, 100000 2.943 0.56 3.71 AFL 6.7 0.17 1.99 1.81 1.27 0.73 0.06 5.1 0.31 100000 2.943 0.56 3.81 MAY 9.0 0.22 2.68 2.47 1.73 0.95 0.08 5.1 0.40 100000 2.943 0.56 3.91 JUN 13.4 0.33 3.99 L58 1.11 2.88 0.24 5.1 _ 1.22 100000 2.943 0.56, 4.73 1J 15.9 O39 4.73 L93 1.35 3.38 0.28 5.1 L44 100000, 2.943 0.56 4.94 AUG 15.2 0.38 4.52 1.53 1.07 3.45 0.29 5.1 1.47 100000 ' 2.943 0.56 4.97 SEP 12.1 0.30 3.60 1.23 0.86 2.74 0.23 5.1 1.16 ; 1000007 2.943 0.56 4.67 OCT 8.3 O21 2.47 0.981' \ 0.69 1.78 0.15 5.1 0.76 100000 2.943 0.56 4.26 TOTAL 2.48 2� .7 � 15.31 10.72 19.[)4 1.59 8.09 35.32 6.73 50.14 Column 1. Monthly percentages established by SEO 2 Lake evaporation from NWS-33 3 Precipitation from Brighton weather station 4 70% of (4) 5 (2) - (4) in feet 6 Water surface f 5.1 ac 7 Net depletion, caused by evaporation, at the pit (5) times (6), w/o recharge 8 Product i ined per month 100000 tons 9 Water removed with product, projected 10 Based on average of 6,000 gal/day 11 Columns 7 + 9 + 10 t t Form j STATE OF COLD R. IMP No• OFFICE OF THE STATE ENGINEER GwS-i i 818 Centennial Bldg., 1313 Sherman St, Denver, CO 80203 8/2007 Phone — Info, (303) 866-3587 Main: (303) 868-3561 Fax; (303) 886-3589 http://www.waterstatetco.us CHANGE IN OWNERSHIP/ADDRESS CORRECTION OF THE WELL LOCATION Review instructions on the reverse side prior to completing the form. gerson claiming ersi of the well; NAME(S): R . f Tr i # ion • r Mailing Address: 1560 9rogdway. Sui as _ City, St. Zip: Qaypr.CO 89202 For Office Use Only RECEIVED JUL 1 p Z008 witirAciritspgra t Phone WII222-292Montacipa Doualast ReOf`spp anal This form is filed by the named individual/entity claiming that they are the owner of the well permitted as referenced above. This filing is made pursuant to CAS. . 37e9Qaj 43 WELL LOCATION: Well Permit Number 617 County Weld (Address) Receipt Number:905950* Well Name or # (optional) (C ) (State) (Zip) SW 1/4 of the NW 114, Sec. 20, TWp. 1 wig N. or D S., Large 01D E. or ► W., th P,M. Distance from Section Lines: �-- Ft, From $. N. or O S., , „ _ Ft. From 1J E. or fril W. Line.. , Block , Filing/Unit Subdivision Name .--- Lot The above listed owner(s) say(s) that he, she (they) own the well described herein. The existing record is being amended for the following reasons: Change in name of owner r '4 Change in mailing address O Correction of location for exempt wells permitted prior to May 8, 1972 and non-exempt wells permitted before May 17, 1965. Please see the reverse side for further Information regarding correction of the well location. r _ I (we) claim and say that 1 (we) (are) the owner(s) of the well described above, know the contents of the statements made herein, and state that the are true tom our kr►owled • e. Signature(s) of the new owner astte J Please print the Signer's Name & Title It Is the responsibility of the new owner of this well to compl to and sign the form. Signatures on inai letter of nc ai ned by the owner is attached to the form u _ n its reoai t, Date f agents are acceptable If an State Engineer By For Office Use Only ikaintraire Date i Forth No, GWS-11 1/2009 � STATE OF C4LQRAC OFFICE OF THE TA►)1. ENGINEER. 818 Centennial Bldg., 1313 Sherman St., Denver, CO 80203 Phone — Info; (303) 888-3587 Main; (303) 8664581 Fax: (303) 866-3589 http;/lwww.water*state.co.us CHANGE IN OWNER NAME/ADDRESS CORRECTION OF THE WELL LOCATION Review instructions on the reverse side prior to completing the form. e ddre . a d. o e of arson aimin ershl u of the we! e It: NAME(); Regional _Trans ortaton District Mailing Address: 60 o dwa Suite 650 City, St. Zip: Denve* CO 80202 Phone: an.) 299 -0.2,29,2 ,t_ 2 Contact: Brenda Douglas Real Property Specialist E-mail (optional): Brenda . Douglas@RTD - FasTracks . con For Office Use Only FEE m, d Ali This form is filet • y the named individual/entity claiming that they are the owner of the well permit as referenced below. This fiilin, is made rsuant to C.R.S. 37-90443. 'HON: Well Permit Number. 3.904 7-17-R Receipt Number: 0 010 7 71 Case Number: W r 6 3 4 0 WC?. (Address) Well Name or # (optional) well#3 (prig . 194.8) . r.,T-.....- 80601 1/4 of the NW 1/4, Sec; 20 , Twp. (COY ) (State) (tip) 1 3' N. or H. 89 Range 66 D E. or K1 w., 6th P.M. Distance from Section Lines: 2503 . Ft. From N. or O S., 950 Ft. From El E. or w=1 W. Line. Subdivision Name Lot /A , Block _„t , Filing/Unit N/A The above listed owner(s) say(e) that hershe (they) own the well permit described herein. The existing record is being amended for the following reasons: Change in name of owner gj Change in mailing address ileLCorrection of ration for exempt wells perrnitte prior to,May 8, 1972 and non-exempt wells permitted Current Permit shows correct location op before May, � '�, � 98�. . Please this re 1a eft well in, existence since 1986; its location is different see t e reverse side o►rtu er information regarding correction of the weltlocatio . � n from both on • inal 1948 well & first replacement well in 1976.) (we) claim and say that we) (are) the owner(s) of the well permit described above, know the contents of the statements made herein and state that they are true to m our knowled e. Signature(s) of the new owner .amit, 6: Cattle Please print the Signer's Name & Title Date Susan K. Altes arsager Real Property , e Tonal Trans oration District, Political Subd±vieio of the - - - �. State of Colorado It is the responsibility of the new owner of this well permit to complete and sign this form. Signatures of agents are acceptable if an oil Anal letter of agency signed by the owner is attached to the form uponits receipt. State Engineer For Office Use Only February 14 , 2011 By Date TYPE 11 11111 Dui 11n m111i iii iimi iii 11111 iiii uii Co i�i�e a1�'�ai°°o°o.o�y°tee WeldCounty, NecoMrt Contract No. _991.n PETITION FOR CLASS I) NON4RRIGATION WATER ALLOTMENT CONTRACT FROM THE GROUND WATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT Petitioner hereinafter named pet#tic ns the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District, t, a political subdivision of the State of Colorado, organized end existing by virtue of §67-45-101, et.seq., CRS, fora Cass D lnigsSon Water AllotmentContract for beneficial use of Wei under the blowing lens and condition 1. Name, address end telephone number of Petitioner (also give address of kr.et representative, if any): Regional Transportation Ohitil t. apolitical subdNision of the State of Colorado having an office al 1600 Wake Street, Denver, CO 60202 Mailing address: Real Pr sly DMSIOCI 1560 Broadway, Suite 850 Denver, CO 80202 Phone: 303- -29fl2 2. Farm I.D. N° (to be assigned by Subd heist): 991 3. List quarter section, section, township, and range of fermi covered by this petition and total acres of parosgattech copy of property deed): S112 NW114. SW114 NE114, NW1/4 SE114 Sectioni 20, Township I North, Range 66 West 150 Weld 4. Ground water use. a. Type of gourd water use (domestic, hvestoek, commercial., Industrial,. etc.) : Livestrx* b. Short description of mound water use: Stock watering, 5. Petitioner owns and/or uses on the above -tee lands the following water rights (Mtach copy of well de res[sD: a. Well Information: WELLS AUGMEN r Et) Permit Number 6173-F Well #3 Unregistered Case Number W-6340 W-6340 Location (114,1/41114) Section Township Range SWIM 2b1N66W SE NW 20 11166W Surface Water Rights Information: Slate the pcmor source(s) used for ground water diversion(s) (e Do your wells have totat aer flow meters instilled end operating? Y State whether en efficiency determination or your wags) has been 6. Ground water diversion by month: Month Mom April Ivley June July August Septerrt °dots November r TOTAL OCIOCIP 3 temierna yks Ground Water Diversion Minimum Average Maxftnum 10 10 B 9 8 9 B 10 10 12 11 10 11T ACRE PEET a The above quantities were dermaned by (fie name, address, telephone NA and date determined): CCVVCD b. Method of determination (biter desaibe and attach supplemental documents as necessary) Pomp (GPM) 202.5 tom? 7_ his understood end agreed that Petitioner will provide the Sutxstnct with annual reports concerning ground water diversion similar to 16. 8, It is understood arid agreed lhet Petitioner Wilt. upon request by the Subdistrict furnish to the Sutdittrfd records of his power consumption for each of his ground water diversion strtctureg shown In �,5. 1 11111111111 ION111111 10101111 10 INN Pill 1111 3587852 1110312008 04:16P Weld County, CO 2 of 2 R 110K1 D 0.00 Steve Moreno Clerk a Recorder PETITIONER MUST PROVIDE VIDEA U INFORMA VON REQUS TED OR THIS PETITION P4LL NOT BE ACCEPTED i FOR FILING, THE INFORMATION MUST BE CORRECT AND ACCURATE SINCE THE SUBDISTRICT RELIES ON IT TO GRANT THE CONTRACT AND cmitior BE RESPONSIBLE FOR INCORRECT OR INACCURATE NATION, 9, ma initial amount of augmentation Plan replacement water slatted for this term is 117 acre-feet end the initial annual special went will be $_$S1360.0* . The BMW rtt of water dotted, the specie! ataeesment and aseenmenl per acreetoot may cbs nee from year to year end Petkioner will be notified of a Chenge In special assessment by an ennuat bill of asce*ssment. It is understood and agreed by Petitioner the! the quantity of replacement war to be allotted is to be determined by the Board of Directors an the basis of Infonaut's:in eivari in ¶3 through ee, inaccteetanos with Subdistrict plaits to permit well petlmphg in ante with rules and regutattorts of the State Engineer. The Subdistrict will take such acts as it deems necessary to promote and protect said plans. 10. It is urxleretood and agreed that upon entry of an order granting said Petition, Petitioner shell be bound by the terms of this contract, the Conservancy Mt end the Ruins . Regulations, Bylaws; Resolutions end Policies of the Subdistrict as the same, from time to time, may be adopted or amended. Petitioner may. within 15 digs of the receipt of this Contace or atny annual bill of assessment, make an objection in writing to the Board of Din and with without of the stating in kaerwhythe coca t or bin of assessment is incorrect The Board of Directors may review the vrri ten upon the same and qty Petitioner. 11. Because of the proposed augmentation plan wB be based on information provided in le3 through Ile, Petitioner agrees: a. To continue to use the water rights described In I5 in the same canner and to the same extent as described in ¶4 and ¶6, and b. To htrrmediatety notify the Subdistrict of any changes in the irtforltion given in 113 through We. 12. tt is itridarst.O0ClEtrid agreed that te;luse to adhere to itI may result in the nnmediate termination of this ord/act by he Bost of Directors_ If your contract is so terminated you may petition the Board of Directors to be heard on the mater of termination. 13, The amount of water required Is en estimate by the Subdistrict based on ccndttiOne et the present time, but is reet binding on the Subdistrict, sad is subject to change each year. The State Engineer and Division Engineer, or the Water Cour₹, have the Sty to make the final detemikiati©rt as to the amount of water that is acceptable and so no estimate by the Subdistrict should be Wired binding or final. My lien has the right to present their own engineering estimate to the Subdistrict for consideration. ►n. 14. tt is understood and agreed That any replacement water allotted by the Board of moors of the Subdistrict shall be for the purpose of permitting the use of well water for the use described above. provided, however, that all uses which receive benefit from the allotment shall be within the Ground Water Management Subtrst t of the Central Colorado Ws Conservancy District. 15. It is understix d and agreed that the Board of Directors of the Subdistrict will attempt to obtain and rn dint in judicial or adrtainlstratiye approval of a plan for augmentation, substitute supply plan or other operating plan, In order to enable Petitioner to operate the wells described above in accordance with the rules and regulations of the Stale Engineer governing well per, and the laws of the State of Colorado. The Board of hors of the Subdistrict do not guarantee that the Petitioner wit have the continual and unrestricted use of well water. The Subdirkitt wiN use its beet efforts to obtain and maintain a gran for auwneelettion, substitute supply plan or otter operating plan In order to assert the Petitioner in the continued use of weft water and will take such actions as deemed proper by the Board of Directors to promote and protect said peens. If necessary, Petitioner agrees to curtail his or her wee pumping to the extent ordered by the Board of Directors of the Ground Water Management Subdistrict of the Central Colorado Water Conservancy Dialriel er the State or Dhrision Engineer, 16. The tern~ of this cxmtract €phail be for the calendar beegir>tnb g January 1 after the signing of this contract. but if refit water is required during the calendar year the contract is signed, than the term shall begin inerieriately upon execution in which event the contract shall a at the end of the calendar year. The conrxect shah be automatically renewed each year. if timely payment is made, unless notice in writing is given by either party canceling the contract thirty (3G) day prior to the end of thu calendar year. 17. It is understood and agreed that the replacement water allotment is made for the exclusive benefit of the Petitioner's lands and may not be tram to any lands without the prior wrtttsn approval of the Board of Directors of said Subdistrict by a new contralti. 113_ Petitioner understands that the Ground Water Management Subdistrict has adopted a grounch atar measuring program, end agrees to instal, at et cost, such me�suring devices et r, tty be =led for by the !met t Dltttitcse of the Greund later it roger:lent Subdistrict of the Corn Cohn Water Conservancy District. 19. Petitioner understands that in the event that pumping ffmm the welq&J described 11 thts PetWon ceases, there will nevertheless be post -pumping clepletiorts affecting the South Platte River (and its tributaries, mere applicable) for a rut of years foeowing cessetien of pumping. In the event in any yearthe Petitioner terminates this Contract, Petitioner shed make best efforts to pay to the Subdiseict a lump sum termination payment which shall be sufeceent to pay the cost the Subdistrict motes it will inch to replace M post pumping depletions ns from the welts, provided however any such payment shall be subject to appropriation by Petitioners Board of Directors In the year in which it is to be paid. Petitioner is ® potitiall subc#ivisiort of the Stale of Coloracb subject to Article X. Section 20 of the Colorado Constitution end nothing herein shell be construed as a multiple fiscal year obligation by the Petitioner. Pe 4t1 that termination paytrlerrtl�+,t+ tr tat In the Subdistrict filing a tax lien fir all st due assessments and the termination payment • - . > _ of the Petitioner Petitioner The foregoing instrument was acknowledged SS my hand and official seal. Note ubi My Commission Expires: Petteonerc beilaeActc Ley , nek4 R547re __ / e A signed this J&ttday of ,,� ES IMO ._. FICV 1 AS TO ' «QP L FC "'' r' 4. r` ,• •1•: REGIONAL TRANSPORTATION DISTRICT. BY: ORDER FOR CLASS D WATER ALLOTMENT Proper notice hawing been given and hearing held, it is ORDERED that the above petition be panted aid is hereby made a contraol and an initial allotment of 117 acata-faei of replecernentwatee be made to tixi fends therein described upon the grins, end payable in the manner. as stated in said petition. the initial amount payable being an annual assessment of $39,360.00,,. Fates to notify the Board of Directors o4 any material deranges may matt in the immediate termination of this contract $ DONE this day of A ( B • g.:4‘ ' u .-.A. ,.w..V •fee f �w 11. _ < a Cr. • t • 17% t tit . . I GROUND WATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLOWATER CONSERVANCY DISTRICT BY AAA -4.4 Pry flats _ nyt�ryag�C+, �olo/r�adt'o�, Water Conservancy Dis rid 3209 W. 28th Street Greeley. CO 80634 T PE_11_ 1111111 IINI 111111 11111 11illl 1111111111 MINI III IIII CO 1 a�1�1�H111roW �B D.DO �SIa MWeld oreCouno Cleiltd Recorder Contact No. _991_ PETITION FOR CLASS ID NON -IRRIGATION WATER ALLOTMENT CONTRACT FROM THE GROUND WATER MANAGEMENT SUBDISTRICT OF THE CENTRAL COLORADO WATER CONSERVANCY DISTRICT Petitioner hereinafter named parts the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District, a political subdivision of they State of Cando, organic and existing by virtue of I37-45-10 t, et.seq., C.R. a, for a Gass D Irrigation Water Allotment Contact for bbl use of water under the Ong tom and cohd'itlons: Nana, address and telephone nurnt r of Petitioner (also ghte address of Local represeMative, if any): Regional Transportation District, a political subdivision of the State of Colorado having an office at 1600 Blake Street, Denver, CO 60202 Mailing address: Red Property Division 1660 Siosidgray. Suit: 550 Denver, CO 80202 Phone: 303- 299-2902 2 Farm I.Q. Ng (to to assigned by Subdistrict): 991 3. List quarter section, section, toeinehip, and range of is nd s covered by this petitiOn and total toes of peetel(attecti copy of property d) 61/2 NW1tit, SW1/4 NE114, NM/4 SEV4 Semen 2Q, Township 1 North, Rte 68 West 150 Weld 4. Gnxrnd water use. a. Type of ground water use (domestic, kirestod , comrnert.lel, Industrial, etc.) : Livestock b. Short description of ground water use: Stock watering. 5. Petitioner owns end/or uses on the above -described lands the following water rights (attach copy of well decreer*: a. Well Informative WELLS AUGMENTED: Permit Number 817 VVell 03 Uittagiatered b. c. d- e. Case Number Location (114,1/411/4) Section Township Range W-6340 SW NW 2D 1N Bs W-6340 SE NW 20 iihl 66W Sumo Water Rights lnfonr i s State the power source(s) used for ground water dhiersion(s) ( Do your wells have totter lbw meters installed and operating? Y State whether en ear' determination of your wells) its been made, B. Ground eater diversion by month: Month "-Pi gjFithliel Moth May June Juty August September October Novernber December TOTAL Grid Water Diversion .W mitifiatinnolyll Minimum Average Maxiterem 10 10 9 9 10 10 12 'I1 110 in ACRE FEET a. The above quantities ware determined by (stele serve, address, telephone Ne end date determined): CCW'CD b. Method of determination (briefly describe and attach supplemental documents as necessary) 7. tt to understood and agreed that Petitioner will provide the S4ebdistrict with annum reports concerning ground water diversion similar tor*. 8. It is understood and agreed that Petitioner will, upon request by the Subdistrict furnish to the Subdistrict records of his tam'e'r consumption for each of his ground water diversion structures shown in 75. Pump (GPM) 202.5 900 1111011111,1 11111 111111liii 3587852 11103/2008 04:16P Weld County, Co 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder PETITIONER AlliSTPROVIDEALL INFORMATION RE -GUESTED OR THIS PETITION WILL NOT SE ACCEPTED FAR RL JV6. THE INFORMATION BUST BE CORRECT AND ACCURATE SINCE THE SUBDISTRICT RELIES ON IT TO GRANT THE CONTRACT AND CANNOT BE RESPONSIBLE FOR INCORRECT OR INACCURATE TE INFORMATION, 9. The initial and of augmentation pia n replacement water elk/led for this fermis 117 ecre4eet end the Initial annual special a seessmentwill be U19130100 . The amauni of warmer abet, the special assessment and assessment per care -foot may change from year to year and Petitioner will be notified of a change in special assessment by an annual WI of assessment, Ills understood end agreed by Petitioner that the quantity of replacement water to be allotted Is to be determined by the Board of [^rotors on the of i rnsation given in 13 through IP, to ecrdartre with Subdistrict piens to permit wail pumping in ecoordence with rues rind regulations of the State Engineer. The Subdistrict will take such actions as it deems necessary to promote and pealed said plans. 10. It is �upnpdsttood� and agreed that upon entry of art aver grantingsaid Policies n.. Peter shell be bound by the tome of thhi contract, the }i Conser a ll Act and the Rules, Regulations, Bylaws, s and r { of the � as the Darnel from 1 titre �Y to time, may Kay be adopted or amended. Petitioner may, within 15 days of the receipt orf tt s Contact or any annual bill of merit, make an obi in writing to the Board of Directors of the Subdistrict stating in particular why the contract or HI of assessment Is Incorrect. The Board of Directorsmay review the written and with or without hearer act upon the en and notify Petitioner. 11. Because of the proposed augmentation plan will be based on Information provided in 13 throe eh lib, Petitioner agrees: a. To continue to use the water rights described imp at the sarrKt manner end to Me erns extent as described in 11e and ge, and b. To immediately notify the Subdistrict of any changes in the ittformatk r givers ift113 through Ts. 12. tt i understood and agreed that failure to adhere to yh 1 mei resue in Um immediate termination of this oentract by the Scars of Directors. if your contract is so terminated you may petition the Board of Directs ID be heard on the matter S termination, 13. The amount of water required is an estimate by the Subdistrict based on rose at the present time, but is not binding on the Subdistrict and is subject to change nd't year, The State Engineer mad Division Engineer, or the Water Court, have the authority to make the final datemilnation as to the amount of weter that is acceptable and so no estimate by the Subdiet ct should be conskitwed binding or final. My person has the right to present their own, engineering estimate to the Subdistrict ftc consideration. 14. it Is understood end agreed that any replacement water fitted by the Board of Directors of the Subdistrict shad be for the purpose of pernthtting the use of wet water kw the use descried above, provided, however, that all uses'1 hictl rote benefit from the allotment shalt be within the Ground Water Management Subdistrict of the Central Colorado Water Conservancy District,. 15, It is understood and agreed that the Board of Directors of the Subdistrict will attempt to obtain end maintain Wei or administrative approval of a plan for eugmentalion, substitute sup* Plan or other Merging Plan. in order to enable Petitioner to operate the wed described above in accordance with the rules end regulations of the State Engineer governing well pumping, and the laws of the State of Colorado. The Board of Directors of the Subdue# do not guarantee that the Pefiiioner will have the continued end unrestrice d use of well water, The rSubdistrfd will use its best efforts to obtain and maintain o plea for eugrnere aeon, substitute supply plan or other operating plan h order to enlist the Petitioner in the continued use of well water and wit, take such actions es deemed proper by the Board of Directors to promote end protect said piens. It necessary, Petitioner agrees to curtail his or her well pumping to the extent ordered try the Board of Directors of the Grs nd Water Mar iagement grid of the Central Catora&, Water Conservancy Distract et the State or Division Engine. 16, The term of this contract shell be for the calendar year beginning January 1 after the signing of this contract, but if replacement water is required during the calendar year the contract is signed, then the term shall begin immediately upon eXeCtiton in which event the mitred shall expire at the ,rend of the calendar year, The contra shall be autcrnaticaRy renewed each year, if timely payment is made. unless notice in writing is given by etther Psi csra ing the contract thirty (30) days prior to the end of the meander year. 17, it is understood and agreed that the replacement ureter alionnent is made for the exclusive benefit of the Petitioner's lands and may not be transferred to any lands without the prior written approval of the Board of Directors of said Subdistrict by a new wall 1, 18. Petition understands that the Ground Water Management Subdistrict has adopted a groundwater measuring program, and agrees to install, at Petittenerceel. such measuring devices free be tailed f r. by the ere.c! ^It], G and Water C &the rte. u 'th� I.a 1 Subdistrict �af -r{r'y �'�.., Colorado Water Conservancy District. 19. Petitbner understands that in the event that pumping from the w+ell(s} described in this Petition ceases, there mil nevertheless be post -pumping depletions effecting the South Plate River (end its tributaries, where applicable) for a number of years following cessation ofpumping. in the event in any year the Petitioner terminates this Contract, Petitioner shall make best efforts to pay to the Subdistrict a krmp sum termination payment which sfell be sufficient to pay the cost the Subdistrict estimates it will Incur to replace all post essaying depictions from the was, provided however any such payment strait be subject to appropriation by Petitioners Board of Dtrerctore In the sear in vatic It teethe paid. Petitioner is a political subdivision of the State el Colorado subject to Article X Section 20 of the C0I0RKI0 Constitution end nothing thin shall be construed as a multiple fiscal year obtlgation by tins Petitioner. Petitioner ac i towiedge s that ' - • - termination pa ymtarr rgeM-le uIt In the Subdistrict fling a tax Lien $tr ailprst due amts end the tsrminstii rey meat of the Petitioner My Commission Expires: _ _p1 Petitionerc a 1 ief eie C Petitioner (A) , r4 I +P ISS-onek, e signed this lesfreiedna„ad As To L:,.Gr L FCSIM P 3f t i .'►,si REGIONAL TRANSPORTATION DISTRICT. ORDER FOR CLASS D WATER ALLOTMENT Proper notice having been given and !tearing held, it is ORDERED that the abate peUtion be granted and is hereby made a contract and an initial allotment of S 17 +r s-fea1 of rsptaoerneat water be merle to the panda therein described upon the terms, and payable in the man ne r, as staled in said petition, the initial amount payable being an annual assessment of t_.,5a.3&b.00 Fsiture to notify the Board of Directors at any material changes may result in the immediate lamination of this mitred. sal - DONE this7 / of ohir,.2a2se a LEGAL =WNW,. GROUND WATER MANAGEMENT SUBDISTRICT OF THE CEIVTRAL COLORADO WATER CONSERVANCY DISTRICT By President gC Central Colorado Walter Conservancy District 3209 W. 28th Street Greeley. CO 80634 Groundwater Management Subdistrict of the Central Colorado Water Conservancy District 3209 West 28th Street Greeley, Co 80634-7564 970-3304540 2013 ASSESSMENT Regional Transportation District Real Property Division 1560 Broadway, Suite 650 Denver, Co 80202 Billing Date: 112/2013 Amount Due: $16,380.00 Due Date: 1/3112013 Contract Number: 991 To ensure proper credit return the white copy with your payment. Keep the yellow copy for your records. PAYMENT OPTIONS Ell Check enclosed - payable to GMS Charge my: ir.7.-rt:;,i t 2 VISA 3% is added to all credit card transactions. Permit 6173 Well 3 U trti Card number Expiration date Security code Signature Case Location (1/4 114 1/4) Section, Township, Range Discharge W-6340 S V NW 20 IN 66W 202.5 'w 6340 SE NW 20 IN 66W 900 D-R/Rti 40 Central Colorado Water Conservancy District January 2, 2013 Dear Well Owner, 2013 Assessments have increased 25% for the Groundwater Management Subdistrict and doubled for the Well Augmentation Subdistrict. The minimum payments have increased to $5OO/year.. These increases reflect the rising costs of augmentation plan operations, legal & engineering costs and mainly the increase of replacement supplies for augmentation plans as a whole in the South Platte Basin. Stiffer competition, mainly in the energy field, for fully consumable water supplies has driven the costs up — a classic supply and demand scenario, Central's staff has been pleased to announce that terms for the renewal of a lease with the City of Thornton has been reached. Central takes delivery of the Thornton water in the Cache la Poudre River, The rate is going up from $70/AF to $90/AF — resulting cost is M50,000 per year. Central has also budgeted for some infrastructure to deliver water to North Sterling Reservoir during the winter refill period. The project would allow for free river conditions below the reservoir inlet to be pumped to the canal in exchange for making deliveries from Centrai's other lease and storage supplies upstream. Central has also executed two very important carriage agreements with the Farmers Independent Ditch and the Western Mutual Ditch. The carriage agreements were essential to being granted the right to any available capacity not used by the ditch companies for delivery of their senior water rights. The agreement also further defines options in years 2013 and 2014 to execute options to purchase additional space. The agreements have been in the negotiation process since 2009. Central's main district, CCWCD, as many of you know had a very successful bond election in November of 2012. $60 Million in bond funds were approved to be used for water supply projects within Central's boundaries. These new projects will be constructed and located in locations which benefit the augmentation plans of GMS and WAS along with benefits to others within the CCWCD boundaries. Central staff and board members have initiated a series of meetings to evaluate projects for water storage and are driven to construct the most efficient water supply facilities possible. Another victory at the election in November was the "de-brucing" of GMS. If GMS would have been "de -Bruce(' in 2012, GMS could have submitted a drought application to the State of Colorado for emergency funds. Since WAS has that ability now, they submitted a request and just recently were awarded $235,000 of grant money from the State Treasury. Staff and board members here at Central understand and appreciate the costs of farming/'livestock operations as you have rising costs as well. We feel we have been very responsible with the members assessments and the agreements we enter into today will keep the costs of operations down In the future. Sincerely, Randy Ray Executive Director 3?09 W. 28th Street Greeley. CO 80634 WYWW.CCWCD,ORG Phone: 970-330-4540 Denver Metro: 303-825-0474 Fax: 970-3304546 Exhibit H Wildlife Information The affected area is not a significant habitat for wildlife, nor does it contain a body of water, food supply, or other attributes that make it likely to provide habitat for locally indigenous or migratory game or non -game species. In keeping with the marginal use of the site by wildlife, no significant seasonal increase in use by wildlife is evident. The possibility of threatened or endanger species on the site was evaluatied, but no such habitat exists on the affected area. Specifically, habitat criteria and field observation indicate that Preble's Meadow Jumping Mouse (Zapus hudson/us preblei), Bald Eagle (Haliceetus leucocephalus) and Burrowing Owl (Athene cunicularia) are not present in the affected area and would not likely inhabit the site in the future. Due to the historical use as a feedmill and feedlot, wildlife habitat has been significantly degraded. With the exception of common generalist species (e.g., Eastern cottontails), there have been no sightings of locally indigenous mammals. Fencing along the majority of the site prohibits large mammal species such as white-tailed deer and pronghorn from using the property as habitat. Various birds (magpies, pigeons, red-tailed hawks) have been observed overflying the site, but no known rookeries have been identified. It is likely that the closest significant wildlife resources in the area are associated with the riparian area directly adjacent to the South Platte River more than one -half -mile to the west of the subject property, and possibly along portions of the Fulton Ditch to the east. Indicators of poor quality wildlife habitat include lack of trees, lack of surface water, and soil compaction from cattle and machinery. The proposed operation is not expected to have a significant effect on existing wildlife in the area, Intensive uses have been present on the site and on neighboring parcels historically, and current land use plans for the area indicate this trend will continue for the foreseeable future. Specifically, the capacity of the immediate area to support foraging, migration patterns, and a pre -settlement type of ecology is extremely limited. The proposed operation is generally consistent with levels of current activities, such as, within one -half -mile of the existing site, oil and gas services, auto salvage, railcar loading, manufacturing, and other existing sand and gravel operations. Exhibit I - Soils Information Mapped soils in the area are generally loamy and sandy learns with 0 to 9 percent slopes. The property slopes from approximately 5,000 feet in the east to approximately 4,945 feet in the west. There are no natural streams, riparian areas, or surface water on the property. Vegetative habitat is generally fairly consistent, with similar loamy and sandy loam throughout the vast majority of the site, although much of it has been amended with manure from the feedlot. The United States Department of Agriculture Soil Survey provides the following information relating to soil mapping and soil units. C v a B C. 3 Es _. N 'rtal rw 1.1 g' V•42 f z 8Le 1 U .+ 1 I; 1 _ AFT, Legend I C.: '; S t • . a' sg • a •1 0 t , r• t. .y • pr. f' e 4,;„ ar • ' �.� ha,: -, •-a , - '•- -h Soil Types Property Boundary • 1,000 500 F ttl f. all A I F . filet A L I 1. I 1I t 1,000 Feet i ' 1 4 $ 1 inch equals 1.,000 feet g Lclillegate ern Water Resource Advisors for the West 1490 West 121st Ave, Ste 100 Phone: (303) 452-6611. Denver, Co 80234.2728 Pax: (303) 452.2759 www.ApplegateGroup.con; e-mail: Inlo@applcgategroup.com , 4 =ti? w►"• ' U IFI •1 • I . a •- i 4 • .�k • ;,: %Nr.. 4+ ry • Map Symbol Map Unit Name Altvan Loam Ascalon Loam 21 Dacono Clay Loam 47 Olney Fine Sandy Loam 57 Renohill Clay Loam 72 Vona. Loamy Sand 73 Iona Loamy Sand 75 Vona Sandy Loam 76 Vona Sandy Loam 77 Vona Sandy Loam Vallfleys , ge Resource Plitt Exhibit i.,1 Soils Information Map -w ti ,dig, •�-.�Y •-r .ra _ - :6 Percent Slopes o to 1 % Slopes 0 to I % Slopes 0 to 1 % Slopes 0 to 3 % Slopes 3 to 9 % Slopes 0 to 3 % Slopes 3 to 5 % Slopes o to I % Slopes 61 to 3 % Slopes 3 to 5 % Slopes Date: 22 jun 2016 Job #: 10-116 Drawn By: SJB Figure: Custom Soil Resource Report Weld County, Colorado, Southern Part 'i- Altvan loam, 0 to 1 percent slopes Map Unit Setting National map unit symbol: 361j Elevation: 4,500 to 4,000 feet Mean annual precipitation: 14 to 16 inches Mean annual air temperature: 46 to 48 degrees F Frost -free period: 130 to 150 days Farmland classification: Not prime farmland Map Unit Composition Altvan and similar soils: 90 percent Minor components: 10 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Altvan Setting Landform: Terraces Down -slope shape: Linear Across -slope shape: Linear Parent material: Old alluvium Typical profile 1-1 fi - 0 to 10 inches: loam H2 - 10 to 25 inches: clay loam H3 - 25 to 60 inches: gravelly sand Properties and qualities Slope: 0 to 1 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water 'KsatV: Moderately high to high (0.20 to 2.00 inlhr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ,cording: None Calcium carbonate, maximum in profile: 5 percent Available water storage in profile: Low (about 6.7 inches) Interpretive groups Land capability classification (irrigated): 3s Land capability classification (n onirrigated): 4e Hydrologic Soil Group: B Ecological site: Loamy Plains (R067BY002CO) Minor Components Cascajo Percent of map unit: Aquic haplustolls Percent of map unit 9 percent 1 percent 15 Custom Soil Resource Report 8 Ascalon loam, 0 to 1 percent slopes Map Unit Setting National map unit symbol: 2tlnq Elevation: 3,870 to 6,070 feet Mean annual precipitation: 13 to 16 inches Mean annual air temperature: 47 to 54 degrees F Frost -free period: 135 to 160 days Farmland classification: Prime farmland if irrigated Map Unit Composition Ascalon and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Ascalon Setting Landform: Terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Parent material: Wind -reworked alluvium and/or calcareous sandy eolian deposits Typical profile Ap - 0 to 6 inches: loam Bt1 - 6 to 12 inches: sandy clay loam Bt2 - 12 to 19 inches: sandy clay loam Bk - 19 to 35 inches: fine sandy loam C - 35 to 80 inches: fine sandy loam Properties and qualities Slope: 0 to 1 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Negligible Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.00 to 6.00 inihr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 10 percent Salinity, maximum in profile: Nonsaline (0.1 to 1.9 mmhos/cm) Sodium adsorption ratio, maximum in profile: 1.0 Available water storage in profile: Moderate (about 8.0 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4c Hydrologic Soil Group: B 22 Custom Soil Resource Report Available water storage in profile: High (about 9.4 inches) Interpretive groups Land capability classification (irrigated): 1 Land capability classification (nonirrigated): 3e Hydrologic Soil Group: C Ecological site: Clayey Plains (R067BY042CO) Minor Components Nunn Percent of map unit: 5 percent Heldt Percent of map unit: 5 percent Dacono Percent of map unit: 5 percent 21 Dacono clay loam, 0 to 1 percent slopes Map Unit Setting National map unit symbol: 361y Elevation: 4,550 to 4,970 feet Mean annual precipitation: 14 to 18 inches Mean annual air temperature: 48 to 52 degrees F Frost -free period: 140 to 160 days Farmland classification: Prime farmland if irrigated Map Unit Composition Dacono and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Dacono Setting Landform: Terraces Down -slope shape: Linear Across -slope shape: Linear Parent material: Mixed alluvium Typical profile H1 - 0 to 12 inches: clay loam H2 - 12 to 21 inches: clay loam H3 - 21 to 27 inches: clay loam H4 - 27 to 60 inches: very gravelly sand Properties and qualities Slope: 0 to 1 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained 29 Custom Soil Resource Report Runoff class: Low Capacity of the most lirraiting layer to transmit water (Ksat): Moderately high (0.20 to 0.60 inlhr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 15 percent Salinity, maximum in profile: Nonsaline to very slightly saline (0.0 to 2.0 mmhoslcm) Available water storage in profile: Moderate (about 6.3 inches) Interpretive groups Land capability classification (irrigated): 2s Land capability classification (nonir:rigated): 3s Hydrologic Soil Group: C Ecological site: Clayey Plains (R0676Y042CO) Minor Components Heldt Percent of map unit: 5 percent Nunn Percent of map unit: 5 percent Altvan Percent of map unit 5 percent 22 Dacono clay loam, 'I to 3 percent slopes Map Unit Setting National map unit symbol: 361z Elevation: 4,550 to 4,970 feet Mean annual precipitation: 14 to 18 inches Mean annual air temperature: 48 to 52 degrees F Frost -free period: 140 to 180 days Farmland classification: Prime farmland if irrigated Map Unit Composition Dacono and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transacts of the mapunit. Description of Dacono Setting Landform: Terraces Down -slope shape: Linear Across -slope shape: Linear Parent material: Mixed alluvium Typical profile H1 - 0 to 12 inches: clay loam 30 Custom Soil Resource Report 47 Olney fine sandy loam, I to 3 percent slopes Map Unit Setting National map unit symbol: 362v Elevation: 4,600 to 5,200 feet Mean annual precipitation: 11 to 15 inches Mean annual air temperature: 46 to 54 degrees F Frost -free period: 125 to 175 days Farmland classification: Prime farmland if irrigated and the product of I (soil erodibility) x C (climate factor) does not exceed 60 Map Unit Composition Olney and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Olney Setting Landform: Plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Mixed deposit outwash Typical profile HI - 0 to 10 inches: fine sandy loam 1-12 - 10 to 20 inches: sandy clay loam H3 - 20 to 25 inches: sandy clay loam H4 - 25 to 60 inches: fine sandy loam Properties and qualities Slope: 1 to 3 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat, : Moderately high to high (0.57 to 2.00 inlhr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 15 percent Salinity, maximum in profile: Nonsaline to very slightly saline (0.0 to 2.0 mmhoslcm) Available water storage in profile: Moderate (about 7.0 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonialgated): 4c Hydrologic Soil Group: B Ecological site: Sandy Plains (R0676Y024CO) 51 Custom Soil Resource Report Minor Components Zigweid Percent of map unit: Vona Percent of map unit: 10 percent 5 percent 48 Olney fine sandy loam, 3 to 5 percent slopes Map Unit Setting National map unit symbol: 362w Elevation: 4,600 to 5,200 feet Mean annual precipitation: 11 to 15 inches Mean annual air temperature: 46 to 54 degrees F Fro st-free period: 125 to 175 days Farmland classification: Farmland of statewide importance Map Unit Composition Olney and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Olney Setting Landforrn: Plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Mixed deposit outwash Typical profile H1 - 0 to 10 inches: H2 - 10 to 20 inches. H3 - 20 to 25 inches H4 - 25 to 60 inches. fine sandy loam ▪ sandy clay loam : sandy clay loam • fine sandy loam Properties and qualities Slope: 3 to 5 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 2.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 15 percent Salinity, maximum in profile: Nonsaline to very slightly saline (0.0 to 2.0 mmhoslcm) Available water storage in profile: Moderate (about 7.0 inches) 52 Custom Soil Resource Report Natural drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat: Moderately low to moderately high (0.06 to 0.20 inlhr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None • Calcium carbonate, maximum in profile: 5 percent Available water storage in profile: Low (about 5.6 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4e Hydrologic Soil Group: D Ecological site: Clayey Plains (RO67BY042CO) Minor Components Ulm Percent of map unit: Shingle Percent of map unit: 10 percent 5 percent 57 Renohill clay loam, 3 to 9 percent slopes Map Unit Setting National map unit symbol: 3636 Elevation: 4,850 to 5,200 feet Mean annual precipitation: 11 to 16 inches Mean annual air temperature: 46 to 48 degrees F Frost -free period: 100 to 160 days Farmland classification: Not prime farmland Map Unit Composition Renohill and similar soils: 85 percent Minor components: 13 percent Estimates are based on observations, descriptions, and transects of the mapunit Description of Renohill Setting Landform: Hills, ridges Down -slope shape: Linear Across -slope shape: Linear Parent material: Residuum weathered from shale Typical profile HI - 0 to 9 inches: clay loam H2 - 9 to 32 inches: clay loam H3 - 32 to 36 inches: unweathered bedrock 56 Custom Soil Resource Report Properties and qualities Slope: 3 to 9 percent Depth to restrictive feature: 20 to 40 inches to paralithic bedrock Natural drainage class: Well drained Runoff class: Medium Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 inlhr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 5 percent Available water storage in profile: Low (about 5.6 inches) Interpretive groups Land capability classification (irrigated): 4e Land capability classification (nonirrigated): 4e Hydrologic Soil Group: D Ecological site: Clayey Plains (R0678Y042CO) Minor Components Shingle Percent of map unit: 8 percent Ulm Percent of map unit: 5 percent 59 Shingle loam, 3 to 9 percent slopes Map Unit Setting National map unit symbol: 3638 Elevation: 4,850 to 5,200 feet Mean annual precipitation: 10 to 13 inches Mean annual air temperature: 46 to 48 degrees F Frost -free period: 110 to 140 days Farmland classification: Not prime farmland Map Unit Composition Shingle and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transacts of the mapunit. Description of Shingle Setting Landform: Ridges, hills Down -slope shape: Linear Across -slope shape: Linear Parent material: Residuum weathered from shale 57 Custom Soil Resource Report 72 Vona loamy sand, 0 to 3 percent slopes Map Unit Setting National map unit symbol: 363r Elevation: 4,600 to 5,200 feet Mean annual precipitation: 13 to 15 inches Mean annual air temperature: 48 to 55 degrees F Frost -free period: 130 to 160 days Farmland classification: Farmland of local importance Map Unit Composition Vona and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Vona Setting Landform: Terraces, plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Alluvium and/or ealian deposits Typical profile HI 0 to 6 inches: loamy sand H2 - 6 to 28 inches: fine sandy loam H3 - 28 to 60 inches: sandy loam Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): High (1.98 to 6.00 inlhr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 15 percent Salinity, maximum in profile: Nonsaline to slightly saline (0.0 to 4.0 mmhos/cm) Available water storage in profile: Moderate (about 6.5 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4e Hydrologic Soil Group: A Ecological site: Sandy Plains (R06713Y024CO) Custom Soil Resource Report Minor Components Rermmit Percent of map unit: Valent Percent of map unit: 10 percent 5 percent 73 —Vona loamy sand, 3 to 5 percent slopes Map Unit Setting National map unit symbol: 363s Elevation: 4,600 to 5,200 feet Mean annual precipitation: 13 to 15 inches Mean annual air temperature: 48 to 55 degrees F Frost -free period: 130 to 160 days Farmland classification: Not prime farmland Map Unit Composition Vona and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Vona Setting Landform: Terraces, plains Down -slope shape: Linear Across -slope shape: Linear Parent ►material: Alluvium and/or eolian deposits Typical profile HI - 0 to 6 inches: loamy sand 1-12 - 6 to 28 inches: fine sandy loam H3 - 28 to 60 inches: sandy loam Properties and qualities Slope: 3 to 5 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): High (1.98 to 6.00 inlhr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 15 percent Salinity, maximum in profile: Nonsaline to slightly saline (0.0 to 4.0 mmhos/cm) Available water storage in profile: Moderate (about 6.5 inches) interpretive groups Land capability classification (irrigated): 3e 64 Custom Soil Resource Report Land capability classification (nonirrigated): 4e Hydrologic Soil Group: A Ecological site: Sandy Plains (R067BY024CO) Minor Components Remmit i t Percent of map unit: Valent Percent of map unit: 8 percent 7 percent 75 Vona sandy loam, 0 to 1 percent slopes Map Unit Setting National map unit symbol: 363v Elevation: 4,650 to 4,950 feet Mean annual precipitation: 13 to 15 inches Mean annual air temperature: 48 to 55 degrees F Frost -free period: 130 to 160 days Farmland classification: Farmland of statewide importance Map Unit Composition Vona and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transacts of the mapunit. Description of Vona Setting Landform: Terraces Down -slope shape: Linear Across -slope shape: Linear Parent material: Alluvium Typical profile Hi - 0 to 6 inches: sandy loam H2 - 6 to 28 inches: fine sandy loam H3 - 28 to 60 inches: sandy loam Properties and qualities Slope: 0 to 1 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff crass: Very low Capacity of the most limiting layer to transmit water (Ksat): E-ligh (1.98 to 6.00 inlhr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 15 percent Salinity, maximum in profile: Nonsaline to slightly saline (0.0 to 4.0 mmhoslcm) 65 Custom Soil Resource Report Available water storage in profile: Moderate (about 6.8 inches) Interpretive groups Land capabilityclassification (irrigated): 3e Hydrologic Soil Group: A Ecological site: Sandy Plains (R067B)1024OO) Minor Components Remmit Percent of map unit: Olney Percent of map unit 11 percent 4 percent 76 --Vona sandy loam, I to 3 percent slopes Map Unit Setting National map unit symbol: 363w Elevation: 4,600 to 5,200 feet Mean annual precipitation: 13 to 15 inches Mean annual air temperature: 48 to 55 degrees F Frost -free period: 130 to 160 days Farmland classification: Farmland of statewide importance Map Unit Composition Vona and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the m►apunit. Description of Vona Setting Landtorm: Terraces, plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Alluvium and/or eolian deposits Typical profile Hi - 0 to 6 inches: sandy loam H2 - 6 to 28 inches: fine sandy loam H3 - 28 to 60 inches: sandy loam Properties and qualities Slope: 1 to 3 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): High (1.98 to 6.00 inlhr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None 66 Custom Soil Resource Report Calcium carbonate, maximum in profile: 15 percent Salinity, maximum in profile: Nonsaline to slightly saline (0.0 to 4.0 rnrnhoslcm) Available water storage in profile: Moderate (about 6.8 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification 'nonirrigated): 4e Hydrologic Soil Group: A Ecological site: Sandy Plains (R067BY024CO) Minor Components Remmit Percent of map unit: Olney Percent of map unit: Julesburg Percent of map unit: 9 percent 3 percent 3 percent 77. Vona sandy loam, 3 to 5 percent slopes Map Unit Setting National map unit symbol: 363x Elevation: 4,600 to 5,200 feet Mean annual precipitation: 13 to 15 inches Mean annual air temperature: 48 to 55 degrees F Frost` free period: 130 to 160 days Farmland classification: Not prime farmland Map Unit Composition Vona and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Vona Setting Landforrn: Plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Eolian deposits Typical profile H I - 0 to 6 inches: sandy loam H2 - 6 to 28 inches: tine sandy loam H3 - 28 to 60 inches: sandy loam Properties and qualities Slope: 3 to 5 percent Depth to restrictive feature: More than 80 inches 67 Custom Soil Resource Report Natural drainage class: Well drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): High (1.98 to 6.00 inlh r) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 15 percent Salinity, maximum in profile: Nonsaline to slightly saline (0.0 to 4.0 mmhoslcm) Available water storage in profile: Moderate (about 6.8 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4e Hydrologic Soil Group: A Ecological site: Sandy Plains (R0B7BY024CG) Minor Components Remrnit Percent of map unit: Olney Percent of map unit: Otero Percent of map unit: 7 percent 5 percent 3 percent 78 Weld loam, 0 to 1 percent slopes Map Unit Setting National map unit symbol: 363y Elevation: 4,850 to 5,000 feet Mean annual precipitation: 13 to 17 inches Mean annual air temperature: 46 to 55 degrees F Frost -free period: 100 to 155 days Farmland classification: Prime farmland if irrigated Map Unit Composition Weld and similar soils: 80 percent Minor components: 20 percent Estimates are based on observations, descriptions, and transects of the mapunit Description of Weld Setting Landform: Plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Eolian deposits Typical profile H-1 - 0 to 8 inches: loam 68 Exhibit J — Vegetation Information The proposed mining area is composed of a former feedlot and fallow pastureland, with degraded vegetative conditions typical of unmanaged former agricultural land. Diverse natural vegetation is minimal. Vegetative cover is typically degraded, with significant stands of agricultural weeds, due to prior intensive use. Two of the three constituent parcels comprising the Valley's Edge Resource (Weld Co. Assessor Parcels 147120000023 and 147120000033) were used for a feed mill and feed yard since at least the mid -1960's, and this combined area was considered a Concentrated Animal Feeding Operation (CAFO) for a period of time. Specifically, Parcel 147120000023 contains a former feed mill, offices and a residential structure, stormwater and manure collection ponds, several stock pens, and cattle loading and unloading pad areas. Parcel 147120000033, at the eastern edge of the site, was nearly entirely used for stock pens. The site is presently vacant and has not been used for cattle since approximately 2002. Where liquid manure was land -applied on the feedlot site, there are limited, scattered areas of composted topsoil that lack substantial vegetation. The former feedlot also has areas where vegetation is minimal due to building foundations, pavement, access roads and other built features. The third constituent parcel (Parcel 1471203000008) appears to have been cultivated in the past and is generally covered by grasses; however, there is little evidence that it was used for agriculture recently. Vegetative distribution is unrelated to topography. Rather, grass and forb cover are present across the site, with varying levels of establishment and disturbance. The typical vegetative cover may include brome grass, switchgrass, needleandthread, and occasional forb stands (e.g., sunflower) as well as pervasive goldenrod. Grasses range from short (6 inches or less) to tall (24 inches or more). Approximately 70 percent of the ground in the affected area is covered by vegetation. There are no significant trees on the property. Exhibit K- Climate Climate conditions at the Valley's Edge Resource are typical of Colorado' semi -arid eastern plains. These conditions include low relative humidity, abundant sunshine, light precipitation, and moderate to high winds. Ambient temperatures exhibit a large daily range, as well as large seasonal variations. Temperatures can range from below zero in the winter to in excess of 100 degrees F in the summer. Finally, powerful storms are common in this climate, accounting for the delivery of the majority of annual precipitation to the site. Droughts occasionally occur in this climate and can have a significant impact of vegetation, dust, and human activity. Exhibit L. Reclamation Costs As mentioned in Exhibit D, only a portion of the site is disturbed at any time due to mining in stages and concurrent reclamation. in order to calculate the reclamation costs at any given time, we have made assumptions regarding the maximum disturbed area and maximum stockpiled materials onsite at any given time. As stated in Exhibit D, approximately 5 acres of groundwater will be exposed at any given time. Onsite inert material will be used to backfill below groundwater elevation. Imported inert material may be used to backfill above groundwater elevations, slopes will be backfilled using import and unsaleable material from within the mine limits which includes salvaged overburden and other onsite material. In the minimum backfill scenario, backfill would be placed in exposed groundwater areas and pit slopes would be reclaimed to a 5H:1V slope. Disturbed areas would be leveled, scarified, and either surfaced with gravelly material, or topsoil spread to match existing topsoil thicknesses and seeded. In the primary mining cells, sand and gravel will be extracted in a cell -by -cell surface mining method. This mining method will initially involve loaders or similar equipment directly transferring pit run materials into haul trucks or conveyor loading points. The cells will be backfilled as mining progresses to each limiting the amount of overburden stock piled for reclamation. SUMMARY OF RECLAMATION COSTS Total Reclamation Costs Administrative Fee (15.8%) Proposed Reclamation Bond Bonded Cost per Acre at 212.04 Acres RECLAMATION COSTS Item Return mined slopes to 5H:1V Removal of equipment Spread stockpile material over site Scarify plant and processing areas Spread topsoil or gravelly surface material Seeding, fertilizing, mulching $498, 500.00 $74,023.00 $572,523.00 $2,700.07 Unit Quantity CY 30,000 LS 1 CY 200,000 Acre 15 Acre 50 Unit Price $ 1.50 $20,000.00 $ 1.50 $ 300.00 $ 300.00 Acre 160 $ 525.00 Total Extended Unit Price $ 45,000.00 $ 20,000.00 $ 300,000.00 $ 4,500.00 $ 15,000.00 $ $ 84,000.00 498,500.00 Exhibit M - Other Permits and Licenses Colorado De artment o Health and Sa et Air Pollution Control Division Air Pollutant Emission Notice (APEN) — in the event that the mining operations emit fugitive dust and fuel combustion that exceed the amounts in the table below, then the amounts must be reported to APCD through the submission of an APEN. Almost all surface mining operations and associated equipment require the filing of an APEN. Attainment (ton per year) Nonatta.i.nnncnt (ton per year Criteria Pollutants (NOx, ozone) 9 I Other Criteria PM, PM -10, Pollutants (CO, Sox, etc.) 1 Non other -Criteria Pollutant reportable pollutants) (HAPs & ≥ 250 pounds per year of any individual non -criteria reportable pollutant https://www.colorado.govJpacific/sites/default/files/AP Air-Quality-Requirements-for-Surface-Mining- Ope rations. pdf Radioactive Source Material License - No radioactive materials are anticipated in mining operations. Colorado Historic Preservation Office - The project site does not fall within the requirements of a Section 106 permit and therefore the Colorado Historic Preservation Office will not be involved in the permit process. http://www.achp.gov/apptoolkit.htm Colorado Division of Water Resources Gravel Pit Well Permit - If the project exposes groundwater to evaporation then a Gravel Pit Well Permit must be attained, see Exhibit G. Often, a substitute water supply plan will be required. Explosive Permits — No explosive permits are anticipated for the project site. Highway Access Permits Access to the project site is not located on State or Federal Highways. USFS Permits - The project is not located within proximity to USFS lands and therefore no permits will be required. Bureau of Land Management Permits -The project is not located within proximity to BLM lands and therefore no permits will be required. Weld County Construction Permit- A construction permit may be required for the access road. Colorado Department of Public Health and Environment A Sand and Gravel Production Operations General Permit may be required. City of Fort Lupton - Access permit may be required. Exhibit N Source of Legal Right to Enter The applicant is under contract to purchase the subject property from the current owner and expects to complete this transaction prior to establishing commercial mining activities. Pursuant to the Contract between the current owner and the applicant, the owner has agreed to cooperate with efforts to resolve regulatory issues and provide access to the property. The Contract is attached for reference; see Additional Provisions at Section 30 (A, E, and L). I 2 3 4 5 6 oirmirliCrINPr— _ ....-1. +► t.fl ev'r.� �.�� :aaI..• i-+_..-' fl. l.l:a i.lf._.j a u►.--- Peter 0. Gunderson Senior Broker Associate The printed portions of this form, except differentiated additions; have been approved by the Colorado Real Estate Commission, (CDS4.8-13) (Mandatory 1.14) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCE AND tilE PARTIES SHOULD CONSULT LECAL AND TAX OR OTHER COUNSEL BEFORE SIGNING' 7 CONTRACT TO BUY AND SELL REAL ESTATE S(LAND) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 (0 Property with No Residences (0 Property with Residences -Residential Addendum Attached) Date: 12-8a291, 1, Y I .•4y' f . ■ � � . �. f�.. � 1�t7a. » .a � ,.,� •. rtr S?JjLctt' . r . r . 7- �� JG f '►4 � # _ .�" T i l ..M1..1�4:..r . 3 .‘,41.i.? r 1 .k -'t � + 1 r•r ti _ .• {�. R . rA.� Y � � .� r �• t- t• a aL •.� s iT�a. )ia.l. • tih � 7r •• r�a�r Y_-� � ,. =a i•a�t f ;..,Pr y .ri ° i '• : ,1 .l_ S.'4. .. *13:.. `,:ny ti- ? -''. �:�► •l-61 .`tiary Yrr a. �'1 t?ti . 1 it i ac • . • a. r� / _ .� . f',Attn. , Rat rr _ +.�' � r r . a;.'i -- t•� # 74t 1"• r 'h'y, +� :� FT � J.' (y r� f ` �'�% i F � ,`•s �i �7 .• 5t ♦ I�r �'f.� .•. �•il[: rr Web i' T •it t• yy??'�� ■ •4 ## `` `(``' , y ... ' �'11.:_ y. t • i I;r,•f . _. r1 • �• ..�1•�l•l�. •�'Sf r•2r��fi,`/�. e�:�(� ...�ai� •1/44,4 . �.�a�•n`ft��+..r 411�r"/a� 1. AGREEMEht Buyer, identified in ti 2.1, agrees to buy, and Seller, identified in * 2.3, agrees to sell, the Property described 'Wow on the terms and conditions sot forth in this contract (Contract), 2. PARTIES AND PROPERTY. 2.1, Buyer. Buyer, liranitaffi Sand and 9savel Cornpony, LLC_ arty or assigns , will take title to the Property described below as CJoint Tenants OTenants Its Common &4 Other TBD. 22. Assignability Hutt Inurement. This Contract Nis DIs Not assignable by Buyer widwout Seller's prior written consent. Except as so restricted, this Contract inures to the benefit of and is binding upon the heirs, personal representatives, successors and assigns of the parties. 2.3. Seller, Seller, Regional Transportation Minot (ETD), is the current owner of the Property described below. 2.4, Property. The Property is the following legally described real estate in the County of Welch Colorado: Three contiguous parcels assembled for sale by the seller, consisting of: Parcel 1: All that tract of land described on Exhibit A of the Special Warranty Deed recorded June 13, 2008 at Reception No. 3560384. Parcel 2: The South half of the Northwest quarter of Section 20, Township `l North, Range 60 West of the 6th P.M., LESS AND EXCEPT the portion described In tho Warranty Deed recorded December 20, 1941 in Book 1088 at Page 10. Parcel 3: The Southwestquarter of the Northeast quarter and the Northwest quarter of the Southeast quarter of Section 20, Township 1 North, Range 66 West of the 6th P.M. known as No. 2542 WCR .27,plus additional land Fort t*u„pion - - CO. 80621# .,_... Street Address City Stale Zip 37 together with the interests, easements, rights, benefits, improvements and aottached fixtures appurtenant thereto, 38 and all Interest of Seiler in vacated streets and alleys adjacent thereto, except as herein excluded (Property). 39 2.5. Inclusions. The Purchase Price includes the following items (Inclusions*: 40 Ali on property at time of Mutual Execution of Contract (MEC) 41 1.5.1. Fixtures, All fixtures attached to the Property on the date of this Contract, 42 Other Fixtures: All on property at time of MEC 43 If arty fixtures are attached to the Property after the date of this Contract, such additional fixtures are 44 Included in the Purchase Price. 45 245.2, Personal Property. If on the Property, whether attached or not, on the data of this Contract, the 46 following items are 'minded: All on properly at the of MEC 47 Other Personal Property: All on property at time of MEC mac-iACtt vetvw‘czetsmitutnni Copyright 2O0247011 COS4•Si3 Contract to Buy and Sell Real P.stare (Land) WOW $at2:44 Phi Page tofI9 • 48 The Personal Property to be conveyed at Closing must be conveyed by Seller free and clear of all taxes 49 (except personal property taxes for the year of Closing), liens and eneuinbrancas, except aim. 50 Conveyance will be by bill of sale or other applicable legal instrument. 5! 2423. Trade Fixtures, With respect to trade fixtures, Seller and Buyer agree as follows: 52 The Trade Fixtures to be conveyed at Closing will be convoyed by Seller free and clear of all taxes 53 (except personal property taxes for the year of losing), liens and encumbrance; except NIA. 54 Conveyance will bo by bill of sale or other applicable legaliinstruntent. 55 2,6 Exclusions. The following items are excluded(Exclusions): None 56 2.7. Water Rights, Well Rights, Water and Sewer Taps. 57 2.7 R1 Deeded Water Rights. The following legally described water rights; Any owned by Seiler 58 Any deeded water rights will be convoyed by a good and sufficient ,atJitcrairri deed at Closing. 59 2,7.2. Nether Rights Relating to water. The following rights relating to water not included in §* 2.7.1, 60 2.713, 2.7.4 and 2.7.5, will be transferred to Buyer et Closing: AU owned by Seller 61 2.73• 0 well Rights. If any water well is to be transferred to Buyer, Seller agrees to supply required 62 information about such well to Buyer. Buyer understands that If the welt to be transferred is a "Small 63 Capacity Well" or n "Domestic Exempt Water Well" used for ordinary household purpose; Buyer must, 64 prior to or at Closing, complete a Change In Ownership form for the well, If an existing well has not been 65 registered with the Colorado Division of Water Resources in the Deprulment of Natural Resources 66 (Division), Buyer must complete a registration of existing well form for the well and pay the cost of 67 registration. If no person will be providing a closing service in connection with the transaction, Buyer 68 dull file the form with the Division within sixty days eller Closing. The Well Permit It is S+a her 69 provide min ts_.for 1l walls and wan Informattion om .Centr I CQtoradp_ aler 70 Conservarkov District, 71 2,7.4. 0Water Stock Certificates: The water stock certificates to be transferred at Closing are es follows: any 72 owned by Seller 73 2.7,5, water Tap and Sewer Taps.Note: Buyer is advised to obtain, from the provider, written 74 confirmation of the amount remaining to be paid, If any, time and other restrictions far transfer and 75 use of the taps. 76 2.7.6. Conveyance. if Buyer is to receive any rights to water pursuant to § 2.x',2 (Other Rights Relating to 77 Water), § 2,7,3 (Well Rights), or § 2.7.A (Water Stock Certificates), Seller agrees to convey such rights to 78 Buyer by executing the applicable Legal instrument at Closing. 79 2.8, Growing Crops, with respect to growing crops, Seiler and Buyer agree as follows; 3. DATES AND DEADLINES, • • We, a w. I • . Ira re sea a ' di 0 it ..m d. tt. i •... •♦ .r'• at..I... Mao.' • •• • • 6 I I • am 4 a • t • • a•. I I 1+• t► I ..• 43 • . • a I • . I .. a.. . _ .... • ..... - . _.. . .... , H.•• Fl._a. T.1•.'•. ter • gam au.a•as4s. •v- .... *b.,. 4. i1.. ..a Alternative Earnest Money Deadline . • 6 f •x litirfi w re ••••• • set] i t Accord Title Deadline .r_ • �y a. n-,—. 5.•r -I R ... .;`r • *•. • Ili 4 8.6 .lecorcl Title Objection Deadlr Off -Record Title Deadline gactilLeger .a••. testa. ..__..__.a.R.•en. ...a..w.a •J . 'E pip 7 days I t .4 . •• •e a . ••• a ••4•••••1* • •.YI -. .s • . ♦.••a • .a MEC plus 5 days (See Additional Pr visions I,a a s• 9I ••W••♦ 6•••fa.at+_-a.-.J.•Li.....•.q_r a 1.•i•••• •AirwI• __i eft e• • r -_re..•_ • . Js..•nv. r.-.... .•• an ..l. .. •.•. 4a+• �a .r. .. • . ra Plus 4§ days. a 4 •.• •• _.• E•.. . r•. . •a • IS _A 1{ ECplus7daya -kocord Title Objetiorn Deadline flE�pkiiAidays I f.. .•s•__w•I•I. L•4YY•a/.•.i+..r.+...,.• w •._.,e.ti-..�-t.._.raa_....a-ea•-. . pigs .ware .r .. raNirtgrtei _ r 9 TTduA .. a� . a•_n..•I .•• a. _.a Title Resolution • Deadline ...._.,.r__�a...a.r•as .�,_►,�..•„....rf_.•.c plus 50 clays ail tf-NiA .•• I• •%r.•.• • N •...• r r a,•r t_wham as I. r. a :1 .. l • 5.1 • • • • Right of First • Refined Deadline .. • .4 . ..T • • • I • •9•F Association Documents Deadline • • _ f.•r.f •.•ti.-i.-a ...il r. ti.•i ti•I ••. i'r�+ _....—.. .- . • w i ••4a . a•• v•.• \11. �• w1• sstan_oGtrr Ef Ded1 ine . ei Seller's Properly Disclosure Deadline •_ ....-.y1. ... .... .. •. et• T.T..saIf®why! ..... •.a , • `....I.. R a.. •.Y •wi . • • t • ' . • Ow • • e. EC•plusti' day .•.., •w• • . . a a t27 1 � a �• �" a c . � T. 'f { • •tJ . r31ek• - --- --Loan AjjYeat tt 1leadt nc . • a t (See i1 clltloortal,Provisions) I 12 t 5.2Loan b eetlon deadline _r I�"t islOtte•I a I •s_ a a. •• +•• . a• pass jati.t }..rrr f.•.•�.a.p.err_•._.. .. • �lal 1'i .•.tea ►a�i•.IY•i411• Ya ir...•I ---141•—”-`..• . aMi Saba -- Fovislons) i 4 3 .•�.' Bu or's redlf tnforraafion Deadline � ee . dditionai RI r•I•• .ati •./.. a a. .•. ti,i••..•tr..a%%4. •i+r�.Msr�f.9 iia•r_•►.•a^t•s•Lrirtiofw t WA .y Yr •• • n• .e.M.._rt•.��.��..r .r .►[Lag• e• •lea•. I. a...• 5• ii Disapproval of`Btuyer s Credit Iniornatfon Deadline :1 (See Additional Provisions) [14 • ,••4.e -!�`.. list w!e• r dy. le .a.r . .` .J.+•is .. .. .. e. .a . t •l.1 iw\ « .I ... ... r •.G ♦a•r4 it it _a _.•_r Psgo 2 or 19 stalex•t-tf---, _ 82 83 84 85 8 9 44 The abbreviation "MEC" (mutual execution of this Contract) means (he date upon which both parties have signed this Contract, s•-• -1;7•4 .•-•44.•..`...r. •••• •••=arialTiltice $►7.44 a,- •R... •.i 4.Ifl w+iCaJ7-.•v Ai i . re 4.•.."":-er alv ao• dean 1.14.444 a4.4 na: cr.,rsai trraIrer•rila447s --.se'wa:.. -.a w..i+'...a,•., 4• . • . ••• r .••1 taw a•'•Oil ••IS a •••.bOFF e.• sae •.4•r.'r.•. •1 I • • f .v •• • . .•. •a a •• • • ... 414 ••14 . P t.4a rat ss r /•r *4 ••%VISA&r4 t .1• .•i✓4 ••• •••\r•..i.rSIP 4r•S'4.•• o.• aria I•.''#*r a'... •}y. .. .,• .. •.•• 15 i § 5.4 Existing Loan Documents Deadline NJ/A • • ♦ • 4ila•r+ • Ft.. lilt- Wok .4OA 1 as •••a. a _ m •, •• T •• • • •••• •• •,R I. •.• • 1*• • T ••'1 / .a9• . a ••r•••I...T me 44440 0464 0•.1•!• 14 • s • - r.•• IS - •••••••••••••••••••••••••111•9•09•00-••••••••• s ••••••••••444%••••••••••••••••••••t --- ` ._ _ •. _ i - • i•arii•7 �,! : ( l• • � •4 w Existing Loan Documents Objection Deadline A • ••a._ar. ��+• a�1 I. l— -r 14 • • • n • a . .•.•R••.• Pi•4.•4It �•w. . 44•• or. •• rnisi 4sera .0.'7r •Dut• fall swag Ord.. woo. en 4 -4-••• a., •,ia a t •.r • -w. ••4 •• •• ..•4.s1 4•.0 Loan ea lh•Vr•rPM SIMMS X18 Deadline '17 • 4 i1154 a a a tfi amid 4F wa'Transfer ere .• rny$ D ar..mar..,a.....,.....•rea. •.r•a •. 4444♦ .a iar. s•• Seller or Private Financing Deadline • r . . r • t • r • a . `y }] San _ • 4 ,• fir, . CPASan +'y + 1-�;t1 it rael slier 11 a J441:i � talek / n�+ku f 19• , sal �. a 2 • : .. .. Appraisal Deadline .• . T h r l•r 1.• ..1 • 01 .. is •. u• • 1. . . .• r • • a jiT[*9.I r22.2 a.a r+. •__.a• . • 9. . . a4 •iFji .__• - Sara. • .. 231*93 ...„•., I.,• 1,I .a • • r. l ••••ra •r -••as •,• 0401.•.44 eginstrili6 41E24 • * 10.2 1•.. •a•••.___•5 t • J -I •.I•I.. 125. �.....^_-4..._..,.0._•._4 4.41i y_ t 003 I r_ Appraisal Objection Deadlinearr.are! • lee r••e '—. 4 • NIA _. • r •.r .. re 4 es • • &S .- &j, • . • f• • _1 •.. i • • • ..• ..a e13,1 t ho I•pertif thr�R•�h• }-� F m" u nt Survey Deadline }I E plus 60 days . • • . 444-06 a a « .�.. r a ea •- ... • • r •• • a-0 area r s• • r w —1 • • • • a f 4 14 • 4 ....•4 a. s r • - 1 . 4 r • • ... . ... - . . w I -. •a••1 7 4 Li 4•• . .` i 1 4•— •• IF •4 •I ••••• 4.6 •a -- . 'as •t•1• •.,• 4 4. •a 2.as (See Addlilpn@l Provisions) Current Survey Oi ctlon Deadline $ NIA • • r• II 1 a4 a• • t4• • • ,It 3••.41. *final a• a.••+W•r.+•Tat Y 44440• -a.... •... w•a/• ..••K 14440 r.•• •f. 6a a. w•••.• 410• t• ••.4 ,4 • a t • rr r •4 V r•-••• ...•..+ Current $Savoy Resolution Deadline A ••ar..••♦It• a'. r..a•ur.,. alh.,r4•.•.r•.rr. I A, •• 9-'gG'4..M144 %' •fI SdT.r••.t•r•...i..V•._4 Y.,.... •••a•.•....••SM 4....••.._s ..i. Wa. •.'•T•1 .....Parar i. •. •t ••. I. ..1i. •1•. ••.!-••• ._• a.. i Inspection Objection Deadline .•at Ii'•r• .-I •• •.4 .• • L• 4 . 11.••t1. • Kr' MititkPAI43ATAIR, $AEC plus 55 days (See Additional Provisions) 3.. .. • .. - 4.4 .—a.4. 4 a•.. . •••4 •• ..rr. •.• ••••yrrtr•.• •at+.�•_ 4- ••••••• I- !•••••I it.. •- • r • I )• .• 1 .r.. --t Ins action Resolution Deadline MEC plus 60 days .a. .. — ......... r+.a ,...r.1 •_agar •r•♦, ..T-.•.... ••• . I� •. •a I. 4Fr,..•f .•.r- •1• • r. . (r� •4-••40•.a.41 .••••r — _ _ 2 L/ i 1 73.5 — '• ei •• f�-'..r...�..rat�a tI. Insurance ObiTection_Deadline . 4. •.. -� .. • \ . • . r . •eaa t..• ..a a.. -• __ 1.2 E.ta r r[ Due Diligence �t�curner�olteaditne I •. r./i 1 •• • .' 4i c plus 6t}'days • • ..• • 'I C plus 7 days -• • • •"•. a.•,a ♦`,4„'0. 41.. Weis I •40.4.. ♦....w.T • Ovine* Ns d . i•• u. •r.—/. •i �••. �•I.,-•. . • • • .Ya I1Y •b•• •I,••• y.•• a- 41•. •a •fr_4 , r r•. —.I a- ••40.1- 10.6 } a• Due Diligence Documents Objection Deadline • plus •. 4• f •I. • • •.. • r• • N. ...r•.• 7 ..• .1 .. T— a :••• 29 _ In 10.6 • 1 Duo Diligence i Documentses 1..11 Resolution Deadlf Owl ine I a,. E plus 30ays • a. .. , _ • ...... p • � r.-a_�+-._i:._ 1444E r.........-. . .•r.r l .i ....4 r_ • 44.r•'••• •40•614.0444104.4•••••••••• •.•• I V rev - •- iS. 1_. r•••` -- 30 §10.6 . Environmental Inspcc lion Objection Deadline Eplus days• f .. 1 r1 -gib rr. •gee $4.F� r 44 4-4 44011 ,.I Irnr1 •••-t•. r•• e•►••• rr-r•'se... a•• r...ashen. .• ••• • •••• 4.••••••••• ra,.. .._ ... • .•. a 6. 4. .a ••• •..r .q •.•— 4 4.4.1•... nen 4•10V11.--AINFITSFearts •46 se., amarraessesaaa 3§10.6 A Evaluation Objection_ D cndline• •� [WIA ..._ .•.• . P a . • la- i. 1 J• .SI.•.• •.. a.1444tir • .'K y .I'. r 1 - . Iar.," vita.. t•. • a.• 1 I .Ia 4 •l.r . . •.•r •re• r.••t•.loci. . . . .. N/A • r a - . a . 4.1 ••+guar. •• .. •• .. I 'I • • .• a . . . 1... aaIINIMI•4w •.4. • • a • • .r (*10,7 _ _a. . - _.. . es w• • •..I • r• a f' .•• K r • • 1.... • Conditional Sale Deadline NIA I•" I r• • • • • • •r • S• •••'ti •• P I4 4 la •.S.Iris r. •... • • a .. a I •. ♦ 4• r • i• • .•t• I4....Ft••.. ,. •• • +a •' l< 1.1 _ _ , . `anent Estoppel Statements Deadline 4. 1 iA t •a••. I4 - . - r • f. • .rMat rrairag a 4r+Amp 04.. t. ..t •I a•r••a l•.• •.. -a is I• q - • a I r, , .•• r r a • ••••jrT�i�4•'grJT'i •r'�••�•' a. -. .w •'�-0�•4•r•at••yj.t�y..FtM MOP 414•44••••• - - .a•,' r�S 4..Objection i�• •._ ,',rl, - ♦try." • .r411 • ii NiA 'r••i4r. w4•iaF•.t�.r• ar a ••' 'a r• r 11 lea. • t • i — 7 ' §11.2 Tenant � Estoppel Statements +••`� V `�c t l Y � Deadline ii� ...;..__..�.:,.:, aT,..._._...�,!•.!!•. •• 4• t •rf•*I.-• •• ••a. I •• • •aa• ••t 4— t 11e4111.4 ••••••••••• i 6444'4. gibe. •1.• ryir\•a4.atMaw..suea4.�•J. NT • l• a -I. •a 1+. a}. t a.••••L ♦ •t • ► 4• Teri. aim If-��+k{• /##�j ,,•I1771; 'may .x � `Z 4•� tyroiritiri:;4zotit flrrr•-r .r{•4iT * � '1+r a"� _,►,? .1`t� S7'I - . •C. 14 ; - •�! +i ., JP `'•fe jrtfrOtitil j?�%�. , • i 35 • i• §42.3 3• • _ . '04* •r• i I S. Closing Date 0.16.5• • l.a •I• all PI ..•r 3671_§ t1 Possesskc npao . f . • t 4 r •. • • • . a • . •. �i•.'�•..%P_tr_ .•.ai r•'-.••S-f••T�.arr-u - - .•....�.Air.a.•.Y 7c_J-. ! 37� .rt }tL e�/•;t.�[r� r ■0/�rfl,t�.. ( L 11° 17 r iTfl•..•r1 •• •f if •Y .• •I .t••Y�••��r!•�ci•• 138 28fXiiepthnceaacImtenate 4 r • • f.•a 1l.. ..1 r 1 •• read. a..a.i ♦. Aida •-. t .•I. •r•• •. .• • a•.. -.T -f ..r.q. .a. g.. l •4a�T 4 r' �F j]7L.}.- �Rfj ..i I..A.Y.D'•��r . Deadline 11■{r '�yj Time �/.•/■ lL/•�•�"t �I'....�jjaa ■■ T I [39 . , } ,'. *s• S, . a .1 fAcceptance D T� •••! !• I! ini r 1 O. •.• •a 4% \� ...... to. .�-•I •••.. ; Y' • "wattlei i i .} a . It • i •-• v aim A • •.a r • •• I 9 • • • Spur. ••• as Is a a • 1 r• a ••. r • r i C•psi •• 1... 4 . a•• U....�.1...•.- Closing I.•• r.• • 4. Pt et an •. It••ain't,*t ts• L• ••tar •ee•r•r •4-r••••- ••••.r •. •• a t.l46 t •441 • I•f • •.•4 •i ref r •,..• 1.: • 1.16,401114...•......41 crag f1 aF}1t•ap••.•T ••r�� .•. 1 •4•••••_a. �.... 3. 4_%•r.I rw ee..i r r _ •.... a - via 4t.i• r ....r,In.v---w► - - - e.' }rte • /� a•L _ _ . _,• 4 914.• •Ir- 4. .14 • w.. _. •..•. . I' .. ••. 4• r .. a.•. . a. 11. r.. -•.:r• f-ri a.l •.--l.I•.Jr• ..•.•.h. g• t •'a •.. .N'• ••. ••r?•.'T 1ssIr7r •.,.♦ate..• w+..•r,s 1.h V,. R. • _I. •.Y -•. INV 44 1 be • • •a• i• .4 . gar. .r'..•. r.. ••I • •a 4•••r t 7t r ••rM It 4-i i`• 41 as �. I 1.m•a•► ..4.i, • �. Applicabilit ► of Terms. Any box ohecked in this Contract means the corresponding provision applies. Any bar, blank or line in this Contract left blank or completed with the abbrevlati iu� "N/An, or the word "Deleted" means such provision including any deadline, i not applicable acct the corresponding provision of this Contract to which reference is made is deleted, rr90 4. PURCHASE PRICE AND TERMS,. 91 4•I• p'r'ice and Terms. The Purchase Price sal forth below is be payable in ti S. Dollars by Buyer as rotlowsa .I....4..•• ••�r•I.••l1 1.'44.4160.1•• I.Pt ItA1✓•••••.`,....0...06 '. /.•.1 .111 •.-•••• • I • I. 1.. to . . . • •• • el 4 42 f. •••• •••••••••••• Is, •.t •••••••-• a \ li • I•• 4.1 zl Purchase Price 1 I ••44 PP •• �.•••a 0• • • �••..... r••....••• 4••-S• « .. �Jj i•]� y - ry4• Money /per! • '1 jai 4P • S -r � *.i •\SF - - 7777 • ► ♦ •iii •4 • • r..PIII •r. ••a4•• S• . • RR g a •ws•l.a•.4.`i. ••.+r.. — 444.44114 445 rr�+�r. a 1 New Loan • 1 • 4 • • • 4 • I 1 " • ...• -. •...•.• _t9 r S 14 el • . • • 1 4 h Assumption Balance, • ..t vii tam • •.• • •I •• •• •. via... .. -t •I a.' ..•- .• F. • 1.i.M1..•... I. • • rap 3 of 19 X93 4 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 tl •1 • • ie! . aL Rd v.. • t. k • • 5 6 k' '2.C•C►ate. aa- •• Ana ..•ams•aosa .+.6 4.7 l Private Financing 7 *Additional t Earnest • Money J a . j ►•3. •.•. 9 § 4.4 _ • • a a • . • • r + t • • • r • • • • e r • ••• . feller Financing . •.. See Additional Provisions • • . — Far • ••a •r • TOTAL • . .• a .a 4.. ••r .•+•Awi s •i• 1 - r • - . r . e t . ' • .. • • -on 4 x a • •a. . •••4•...-.a•..••a S. i ✓ • • r e . r4 a —. • a •. -- • r. f • r i •..f • :..•• ••. ••...f antra Iua•.+f•. aL.••i•.a r-- ta••r i►aet Leb►•f • .�-lert,o r.`�--. ��..Z i.r�...�-a- *--t--"!- i.a.t.�i a. I.0 • v. a. • . f r L at + tale .. a f • rte • . i r . - .. . . •• •••• ••••• • i • •...•f.,..• ...41.••.4..s• % • i•MIMIMIYmor.i.emaaaa•maracal t e'. I I. • .- ♦..•.•, 'a.. .p.. .-.•c a. • la • • p •It- . a la, . . • .. u • • I . a .. a • •'• •zi t•. a' re idammaa 4.2. Seller Concession. Seller, at Closing, will credit, as directed by Buyer, an amount of Wane to assist with any or all of the following; Buyer's closing costs, loan discount points, loan origination fees, prepaid items (including any Rtnotints that seller agrees to pay because Buyer is not allowed to pay due to FHA, CHFA, VA, etc.), and any other fee, cost, charge, expense or expenditure related to Buyer's New Loan or other allowable Seller concession (collectively, Seller Concession). Seller Concession is in addition to any sum Seller has agreed to pay or credit Buyer elsewhere In this Contract. Seller Concession will be reduced to the extent it exceeds the aggregate of what is allowed by Buyer's lender as set forth in the Closing Statement, Closing Disclosure or HUD -1, at Closing. 4.3. Earnest ?I/Toney, The Earnest Money sot forth in this section, in the form of companyrammaystmals, will be payable to and held by Fidelity National Tills (Earnest Money Holder), in its trust account, on behalf of both Seller and . Bayer. The Earnest Money deposit must be tendered, by Buyer, with this Contract unless the parties mutually agree to an ,Alternative Earnest Money Deadline (§ 3) for its payment. The parties authorize delivery of the Earnest Money deposit to the company conducting the Closing (Closing Company), if any, at or before Closing, In the event Earnest money Holder has agreed to have interest On Earnest lvfoney deposits transferred to a fund established for the purpose of providing affordable housing to Colorado residents, Seller and Buyer acknowledge and agree that any interest .accruing on the Earnest ivioneydeposited with the Earnest Iviuncy Holder in this transaction will be transferred to such fund. 43.1, Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money, if other than at the time of tender of this Contrttet, is as set forth as the Alternative Earnest Money Deadline (§ 3). 4.3.2. Return of Earnest Money. If Buyer has a Right to Terminate and timely terminates, Buyer is entitled to the return of LIMOS( Money as provided in this Contract, If this Contract is terminated as set forth in § 25 and, except as provided in § 24, if the Earnest Money has not already been returned following receipt of a Notice to Terminate, Seller agrees to execute a}dr n to Bu a �- Brc r� o ich with Buyer, written mutual instructions e.. Earnest Money Release of t h �' � "da of ear's receipt of f { 8 y t�A Ys such form. 4.4, Form of Funds; Time of Payment; Available Funds, 4,4.1, Good Funds, All amounts payable by the parties at Closing, including any loan proceeds, Cash at Closing and closing costs, must be in funds that comply with all applicable Colorado laws, including electronic transfer #lands} certified check, savings and loan teller's check and cashier's check (Good Funds), 4.4.2, Time of Payment; Available Funds, Ali funds, including the Purchase Price to be paid by Buyer, must be paid before or at Closing or as otherwise agreed in writing between the parties to allow disbuLrsomeut by Closing Company at Closing OR SUCH NONPAYING PARTY WILL BE IN DEFAULT, Buyer represents that Buyer, as of the date of this Contract, ElDocs ODoes Not have thuds that are immediately veritable and available in an amount not less than the amount staled es Cash at Closing in § 4.1. 4.5. New Loan, 451. Buyer to Pay Loan Costs. Buyer, except as provided in § 4.2, if applicable, must timely pay Buyer's loan costs, loan discount points, prepaid items and loan origination fees, as required by lender, 4.5.1, Boyer May Select Financing. Buyer may pay in cash or select financing appropriate and acceptable to Buyer, including a different loan than initially sought, except as restricted in ~ 4.5,3 or § 30 (Additional Provisions). 4.5.3. Loan Limltn lions, Buyer may purchase the Property using any of the following types of loan: Conventional ari 0ths,:.c& 4.5.4, Good Faith Estimate — Monthly Payment and Lop; Costs. Burr is advised to review the terms, conditions and costs of Buyer's New Loan carefully. If Buyer Is applyingtor a residential loan, the lender generally must provide Buyer with a good faith estimate of Buyer's closing costs within three days alter Buyer completes a loan application. Buyer also should obtain an estimate of the amount of Buyer's monthly mortgage payment, • e pagclof19 s 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 f32 175 176 177 178 179 180 18 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 4.6 1/2+-I'i•Rat wa - Ana 3091 a•ellWAIWIC trirrtrnraanimil AA a.ss.:cs •aWI. nhefk4hthemsKpmiith iiliihwe4en+471-rpmcientatitl-eml- 4S-pmi-twitinnmdilhitettemw-*a e ' 'axes } OM au eee t9 — oan--int ULLA. At th eae --e a..,a,a iC aa,r. ttst_ ,_.s..�.S ��_�!�.,i $--i_--_ _Aal -� .! t • rd / 1� • ltaiH# , w#to41w--mar �y - ' eoe� + Sclin4:€4411----GIV19-eu lli --eta-i p } compI' felt4finnettiffrkfteti , , . ott4e4)m-tma Oefflawpinwer4Sekitmupftwv-fm 4.7. SAlefrer 1?'r1 Fillet • • . --01717-Z ' ` {kaiHmeigittoter. 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For the soi , . the --provision of su0h loan documents, Buyer h heaiht- to Terminate -under i 2$ A, -on abefere - rtio Ling irean-DeeunientenObjeetion Deadline 3),- based on anyeunsatisfaertorrprecision of such4eart doeutnenisriff Euye 'o sole subJoo ' # - • - - ' ioomlitienal-upe uyerle-obtahriingiguol approval • without change -in the -terms oftuelHormreteeptLas-eet"forthtignia Ml.C. IF lender's ep vaFitnotTobta -by Loan Tray, - en welt deadline. Boller has -the ghtrto'Tomiin , tined 41eeretion,- if Seller -• is -te -ho• released ays h-exi a d .Buyoc-clossanot obtain suc orplionoe as net fortirain- .4rO 6. APPRAISAL PROVISIONS. . 6.1, Lender Property Requirements, If the lender imposes any requirements or repairs (Requirements) to be made to the Property (e.g., roof repair, repainting), beyond those matters already agreed to by Seller in this Contract, Seller has the Right to Terminate under ' 25,1, (notwithstanding * 10 of this Contract), On or before three days following Seller's receipt of tho Requirements, based on any unsatisfactory Requirements, in Seller's sole subjective discretion, Seller's Right to Terminate in this § 6.1 does not apply if, on or before any termination by Seller pursuant to this y 6.1: (1) the parties enter into a written agreement regarding the Requirements; or (2) the Requirements have been completed; or (3) the satisfaction of the Requirements is waived in writing by Buyers 6.2 Appraisal Condition. The applicable Appraisal provision set forth below applies to the respective loan type set forth in § 4.5.3, or if a cash transaction (14o. no financing), § 6.2,1 applies. 642.1, Conventional/Other, Bayer has the solo option and election to terminate this Contract if the Property's valuation, determined by an appraiser engaged on behalf of NIA, is less than the Purchase Price. The! appraisal must be received by Buyer or Buyer's lender on or before Appraisal Deadline (§ 3), Buyer has the Right to Terminate under § 25.1, on or before Appraisal Objection Deadline (§ 3), if the Property's valuation is less than the Purchase Price and Seller's receipt of either a copy of such appraisal or written notice from lender that confirms the Property's valuation is less than the Purchase Price,This 6,2.1 is for the sole benefit of Buyer. 613. Cost of .Ap ralsal, Cost of any appraisal to be obtained after the dale of this Contract must be timely paid by I Buyer Seller. The cost of the appraisal may include any and all fees paid to the appraiser, appraisal management company, lender's agent or all three. qOWNERS4rASSeei1/41310147,threedie 1 • Community -mot itbject to such daaarallon . { nueis' Amid —Won -Documents. Owners+ Association -D nrnert.tsL,-(7twooicriior oouments)_oonsist of the . $ol lov�ring ' #11.1. Ali—OWIlefe Assoeiatioa---deelscations, nrtleley- of .ineorporationy—bylFitianiaatioa, operating ngre ents M . •2� "Mi tes-of ne6t reeeut-annul owners' meeting) v7.1.3. Mimes o€--ary-direoters' or managers' -meeting tt }e-si, a 'date tf--thla--orttracti if n . a . eventing Deoum 18 )tan4 7:-1.4.-c --The most -recent -f + #b eittwol-an ost recent irtoeme and-: eupeuditurce stet entry-ann notice of unpaid-esseasmentor ennimotrinterestCommunity- -Diauloatwe1 •'FIi&.• PROPERTY —IS -LOCATED Vi lifIN -/1r MM ter TER ST -COMMUNITY ArifD ; S SUBJECT TO-TLUE DECI AIA'HON FOR SUCH COMMVN `' . Asst% REGULATIONS WILL- 1firIVOSE -FINANeIAL OE AOAT1 PROPERTY, INCLUD THE OWNER DOES NOT -PAY Tit F TIM ASSOCIATIONS 1I 'BYLAWS, AND' RULES AND -REGULATION 0l s MMONt-INT-E-REST COM UNM4 t LIVLAWS AND.RMES AND RECULAT4ONS 011 TILE ASSOOIATIOIi �;; _ Adsotiitt1on Documents to Birtytis; p tirrr irrr-.-e ....r'r�.�.. �c.i...a.r.>IMrMMI.. a as —.a ..� =rem i .a -..1-a I.-. urIn i%Ida i. axr .....fle • 'Ai b}( -o 7 C.s'7nt5� 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 8, 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 3t6 317 ;318 319 320 7,3.1,--- Bohol• - to Provide - Assoelttife t Documents. -I .Seller will ouso - tho-Associati*n.-Documents to bo^ ties Asseclatl eeutnente-to Buyerrnt Seller' -o worm. bliga tlonr er-'e-obligationeiation Doeumen Teecip `j A: t. _ .Conditicnal-On Buyer&s°fcvlcw. B litreTenytittatemencle itoselisfaeteriftprovision-tom t' t h . • .r alien Documents. Buyep,itee.4ho Right dime- 3), based • stn- any tsy-o - o Awooittlien fouurnontsr. e' Buycrta-aoie-subjective discretion. Should Buyer 4 The lght toTcrn ettyor's reeoipt of the Assoei 'oticc« to st--roeo w� �_.. a • rr�r`rjvj f -Buy e ng Dal)," Be'a )(mice ieo to Tez ninateVA( h n INticir thigh,*13 ;ger acccpts theuprovisions of tberAssoeiation- uuwnts-o9 'satisfactory, and Buyer t'on notwt#1 tandingihc provisions of § 8.6 (Light of First- Refuse etGoat of Approval)t TITLE INSURANCE, RECORD TITLE AND OFF -RECORD TITLE. 8.1, Evidence or Record Title. 8.1.1. ZSelter Selects Title Insurance Company. if this box is checked, Seller will select the title insurance company to furnish the owner's title insurance policy at Seller's expense, On or before Record Title Deadline (§ 3), Seller must furnish to Buyer, a current corrrrnitrnent for an owner's title insurance policy (Title Cornrxtltment), in an amount equal to the Purchase Price, or if this box is checked, El an Abstract of Title certified to a current date. Seller will cause the title insurance policy to be issued and delivered to Buyer as soon as practicable at or after Closing. oBuyer. Selects Title Insurance Company. If this box is eheoked, Buyer will select the title insurance company to furnish the owner's title insurance polio at Buyer's expense, On or before Record Title Deadline (§ 3), Buyer must furnish to Seller, a current commitment for owner's title insurance policy (Title Cottmcnt), in an amount equal to the Purchase Price. I f neither box In ' 8,1.1 or * 8,1,2 is checked, § 8.1,1 applies, 8,1.3. Owner's Extended Coverage (OEC). The Title Commitment Witt Owiii Not commit to delete or insure over the standard exceptions which relate to: (I) parties in possession, (2) unrecorded easements, (3) survey matters, (4) unrecorded mechanics' liens, (5) gap period (effective date of'commitment to date deed is recorded), and (6) unpaid taxes, assessrrrcrtts and unredeemed tax sales prior to the year of Closing (OEC). If the title insurance company agrees to provide an endorsement for OEC, any additional premium expense to obtain an endorsement for OEC will be paid by EBuycr OjScller Done -Hair by Buyer and One -Half by Seller OOtlter Note: The title insurance{ company may not agree to delete or insure over any or all of' the standard exceptions. 8.1.4. Title Documents. Title Documents consist of the following: (1) copies of any plats, declarations, covenants, conditions and restrictions burdening the Property, and (2) copies of any oilier documents r, f� lfiegibla� oumartariea-of such daemon listed in the schedule of exceptions (Exceptions) In the Title Commitment Ibrnished to Buyer (collectively, Title Documents). 8.1.5, Copies of Title Documents, Buyer must receive, on or before Record Title Deadline (§ 3), copies of all Title Documents, This requirement pedalos only to documents as shown of record in the office of the clerk and recorder in the county where the Property is located. The cost of furnishing copies of the documents required in this Section will be at the expense of the party or parties obligated to pay for the owner's title insurance policy. 8.1.6. Existing Abstracts of Title. Seller must deliver to Buyer copies of any abstracts of title covering all or any portion of' the Property (Abstract of Title) in Seller's possession on or before Record Title Deadline (4 3) 8.2, Record Title, Buyer has the rigid to review and object to the Abstract of Title or Title Commitment and tuty of the Title Documents as set forth in § 8,4 (Right to Object to Title, Resolution) on or before Record Title Objection Deadline (§ 3), Buyer's objection may be based on any unsatisfactory form or content of Title Commitment or Abstract of Till; notwithstanding § 13, or any other unsatisfactory title condition, in Buyer's sole subjective discretion, If the Abstract of Tilde, Title Commitment or Title Documents are not received by Buyer on or before the Record Title Deadline (§ 3), or if there is an endorsement to the Title Commitment that adds a new Exception to titlo, a copy of the new Exception to title and the modified Title Commitment will be delivered to Buyer. Buyer has until the earlier of Closing or ten days alter receipt of such documents by Buyer to review and object to: (1) 8.1.2. R 321 any required Title Document not timely received by Buyer, (2) any change to the Abstract of Title, Title 322 Commitment or Title Documents, or (3) any endorsement to the Title Cornraltrxtent, If Seller receives Buyer's 323 Notice to Terminate or Notice of Title Objection, pursuant to this § 8►2 (Record Title, any title objection by Buyer 324 is governed by the provisions set forth in § 8.4 (Right to Object to Title, Resolution), If Seller hits fulfilled all 325 Seller's obligations, if any, to deliver to Buyer all documents required by §8.I (Evidence of Record Title) and 326 Seller does not receive Buyer's Notice to Terminate or Notice of Tide Objection by the applicable deadline 327 specified above, Buyer accepts the condition of title as disclosed by the Abstract of Title, Title Commitment and 328 Title Documents M satisfactory. 329 8.3, Off -Record Title, Sailor must deliver to Buyer, on or before Off -Record Title Deadline (* 3), true copies of all 330 existing surveys in Seller's possession pertaining to the Property and must disclose to Buyer all casements, liens 331 (including, without limitation, governmental improvements approved, but not yet installed) or other title matted 332 (including, without limitation, rights of first refusal and options) not shown by public records, of which Seller Its 333 actual knowledge (Off -Record Matters). Buyer hos the right to inspect the Property to investigate if any third party 334 has any right in the Property not shown by public records (e.g., unrecorded easement, boundary line discrepancy or 335 water rights). Buyer's Notice to Terminate or Notice of Title Objection of any unsatisfactory condition (whether 336 disclosed by Seller or revealed by such inspe tton, notwithstanding § 8.2 and § 13), in Buyer's solo subjective 337 discretion, must be received by Seller on or before Off -Record Title Objection Deadline (§ 3). If an Off -Record 338 Matter k received by -Buyer after the Off -Record Title Deadline 0 3), Buyer has until the earlier of Closing or 339 ten days after receipt by Buyer to review and object to such Off -Record Matter, If Seller receives Buyer's Notice 340 to Terminate or Notice of Title Objection pursuant to this § 8.3 (Off -Record Titie), any title objection by Buyer 341 and this Contract are governed by the provisions set forth in § 8.4 (Right to Object to Title, Resolution), if Seller 342 does not receive Buyer's Notice to Terminate or Notice of Title Objection by the applicable deadline specified 343 above, Buyer accepts title subjeot to such rights, if any, of third parties of which Buyer has actual knowledge, 344 8.4. Right to Object to Title, Resolution. Buyer's right to object to any title matters includes, but is not limited to 345 those matters set forth In §* S.2 (Record Title), 8,3 (Off -Record Title and 13 (Transfer of Title), in Buyer's sole 346 subjective discretion, If Buyer objects to any title matter, on or beforo the applicable deadline, Buyer has the 347 following options: 348 8L4,I. Title Objection, Resolution, If Setter receives Buyer's written notice objecting to any title matter Notice 349 of Title Objection, on or before the applicable deadline, and If Buyer and Seller have not agreed to a 350 written settlement thereof on or before Title Resolution Deadline 0§ 3), this Contract will terminate- on 351 the expiration of Title Resolution Deadline (§ 3), unless Sailer receives Buyer's written withdrawal of 352 Buyer's Notice of Title Objeotion (1.O., Buyer's written notice to waive objection to such items and 353 waives the Right to Terminate for that reason), on or before expiration of Title Resolution Deadline ( 354 3). 1f either the Record 'title Deadline or the riff=Record Title Deadline, or both, are extended to the 355 earlier of Closing or ten days after receipt of the applicable documents by Buyer, pursuant to § 8.2 356 (Record Title) or § 8,3 (OR=Record Title, the Title Resolution Deadline also will be automatically 357 extended to the earlier of Closing or fifteen days after Buyer's receipt of the applicable documents; or 358 8.4,2, Title Objection, Right to Terminate. Buyer may exercise the Rigid to 'nuinate under § 251, on or 359 bcf`oire the applicable deadline, based on any unsatisfactory title matter, in Buyer's sole subjective 360 discretion. 361 8.5. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL 362 OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX 363 LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN 364 SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND TAX TO 365 SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN 366 TICE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH IND►EhTEONESS WITHOUT SUCH 367 AN INCREASE IN MILL LEVIES, BUYERS SHOULD INVESTIGATE THE SPECIAL TAXING 368 DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY 369 TREASURER, BY REVIEWING 11IIN CERTIFICATE OF TAXES DUE FOR THE PROPERTY, AND 370 BY OBTAINING FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, 371 THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. 372 Buyer has the Right to Terminate under § 25.l, on or before OffaRecord Title Objection Deadline 00 3), based 373 on any uttsaticfactory effect of the Property being located within a spatial taxing district, In Buyer's sole subjective 374 discretion. ►375 8,6, Right of First Refusal or Contract Approval, If there is a right of lust refusal on the Property or a right to 376 approve this Contract, Seller must promptly submit this Contract according to the terms and conditions of such ,377 right, If the holder of the right of first refusal exercises such right or the holder of a right to approve disapproves ',378 this Contract, this Contract will terminate, if the right of first rem) is waived explicitly or expires, or the Contraot .379 is approved, this Contract will remain in full force and effect, Seller must promptly notify Buyer in writing of the Paga8 of 19 u®i4 PornmO r#anasenniniout rhanues4 Wei IC* nstlFia•*S. la. °MOWtirarf:a__._-._ -n*+ur tpid T+r1'.1.rrn.s.rol skaipapaiLaisirr L�i.J.wt fiSy1T" f 380 foregoing. If expiration or waiver of the right of first refusal or approval of this Contract has not occurred on or 381 before Right of First Refusal Deadline 0§ 3), this Contract will then terminate. 382 8,7, Title Advisory. The Title Documents affect the dale, ownership and use of the Property and should be reviewcxl 383 carefully. Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use 384 of the Property, includ€ng, without limitation, boundary lines and encroachments, setback requirements, nrca, 385 zoning, building code violations, unrecorded casements and claims of casements, leases and other unrecorded 386 agreements, water on or under the Property, and various laws and governmental regulations concerning land use, 387 development and environmental matters. The surface estate may be owned sepuralety from the underlying 382 mineral estate, and transfer of the surface estate does not necessarily Include transfer of the mineral rights 389 or water rights. Third parties may hold interests In ell, gas, other minerals, geothermal energy or water on 390 or under the Property, which interests may give them rights to enter and use the Property. Such matters, and 391 others, may be excluded from or not covered by the owner's title insurance policy. Buyer is advised to timely 392 consult legal counsel with respect to all such matters as there are strict time limits provided in this Contract [e.g., 393 Record Title Objection Deadline (§ 3) and Off"Record Title Objection Deadline (§ 3)], 394 9, CURRENT SURVEY REVIEW. 395 9.1. Current Survey Conditions, If thebox in § 9.1.1 or § 9,1,2 is checked, Buyer, the issuer of the Title Commitment 396 or the provider of the opinion of -title if an Abstract. of Title, And phi I Faster and Company will receive an 397 improvement Location Certificate, Improvement Survey Pint or other form of survey set forth r in § 9,1,2 398 (collectively, Current Survey), an or before Current Survey Deadline 0§ 3). The Current Survey will be certified 399 by die surveyor to all those who are to receive the Current Survey. 400 9.1.1. DZmpr•ovement Location Certificate. If the box in this § 9,1.! is checked, DSeller DBuy er will 401 order or provide, and pay, on or before Closing, the cost of an rmprovenient Location Certificate, 402 • 9,1.2, ElCher Survey. If the box in this j 9.1.2 is checked, a Current Survey, other than an Improvement 403 Location Certificate, will be an DIniproverneut Survey Plat or 21 `l D. The parties agree that payment 404 of the cost of the Current Survey and obligation to order or provide the Current Survey are as follows: 405 Seller to provide any existing surveys in Seller possession, Buyer will pay for and re -certify 406 existing survey or Buyer will order and pay for a new survey of their choice which will be 407 certified to the Buyer, Seller and Title Company for closing on this properly. 408 9,2, Current Survey Objection, Buyer has the right to review and object to the Current Survey, lithe Current Survey 409 is not timely received by Buyer or is unsatisfactory to Buyer, in Buyer's solo subjective discretion, Buyer may, on 410 or before Current Survey Objection Deadline (0 3), notwithstanding 4 8,3 or * 13: 411 9,2,1. Notice to Terminate, Notify Seller in writing that this Contract is terminated; or 412 92.2. Current Survey Objection. Deliver to Seller a written description of any matter that was to be shown or 413 is shown hi the Current Survey that is unsatisfactory and that Buyer requires Seller to correct, 414 9.3. Current Survey Resolution, If a Current Survey Objection is received by Seller, on or before Current Survey 415 Objection Deadline (§ 3),,and if Buyer and Seller have not agreed in writing to a settlement thereof on or before 416 Current Survey Resolution Deadline (§ 3), this Contract will terminate on the Current Survey Resolution 417 Deadline 0 3), unless Seller receives Buyer's written withdrawal of the Current Survey Objection before such 4 l9 termination, €,e., on or before expiration of Current Survey Resolution Deadline (§ 3). 420 421 422 423 424 '125 426 427 428 429 430 431 432 433 434 435 436 437 438 jt� x 1 a i'..{t hY✓`* ��t i �f K41. t_' 'II�0LF i►),�I,It :�y•P�Lj,�Isll ti4Y1.La. I..Yi l`� t L.S'1: iT 'tL iZ.FY.'' Vitt 3 /l"°^J.^,''Cyr .+ 1 + • r fro ° ce:R i osi it;=a"{p''F,� 3ut / F -3, `�+1 a l . e `� y-L�?1 r . r i ` tt i. -11• i tECI 1 `'f ai S /� - X' r,11.J •d 7. �y, r f+�� Ji• � ��y�' t� °1�4�/.')l_�J� ! Li # h � ' u � - l L � �.• �t•j 11 # y. {t� � `�{}� } �4 1 1 �'•+ y i •�l • iy X7:1{a /`J Ir ,1 7 t�I•�.i, : ��. a MeVM,l a�. • +'^t I.t4.n ��"ar .�"' i] J."c 2,11: �a - 7� i� ) � r a /, a L •� .fit at ti i () . 1� 1 i r'� l� � � 1 . '.+ L 1 _1 i 1 '� /.�a�! L f � ''ts 1..0 To 'I. • i�a1 Lr a1 ',..a rag; '4 f � (•i r � i.., •rat •+h• �-, �1ti 47:� �•4-1,...47A.1 Lfti a. Sur., a/.+` - �. a J •:. f•1`•-1 t'Jly .1-a .,•:.�f �i'fe / �- ad u�r�,��4�h4if�J SJ...i'fi�a:L 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, DUE DILIGENCE, BUYER DISCLOSURE MW SOURCE OF WATER. 10.1, Sellers Property Disclosure, On or before Seller's Property Disclosure Deadline (§ 3), Soifer agrees to deliver to Buyer the most current version of the applicable Colorado Real Estate Commission's Seller's Property Disclosure form completed by Seller to Seller's actual knowledge, current as of the date of this Contract, 10.2. inspection Objection. Unless otherwise provided in this Contract, Buyer acknowledges Clint Seller is conveying the Property to Buyer in an "as is" condition, "where is" and "with all faults" Colorado law requires that Seller disclose to Buyer, any latent defects actually known by Seller. Disclosure of latent defects must be in writing. Buyer, acting in good faith, has the right to have Inspections (by one or more third parties, personally or bode) of the Property and Inclusions (Inspection), at Buyer's expense. If (I) the physical condition of the Property, including, but not limited to, the roof, walls, structural integrity of the Property, the electrical, plumbing, HVAC and other mechanical systems of the Property, (2) the physical condition of the Inclusions, (3) service to the Property (including utilities arid comniunfeatian services), systems and components of the Property, (e.g. heating and plumbing), (4) any proposed or existing transportation project, rood, street or highway, or (5) any other nctivity, odor or noise (whether on or off the Property) and its effect or expected effect on the Property or its occupants is unsatisfactory, in Buyer's sole subjective discretion, Buyer may, on or before Inspection Objection Deadline (* 3): 10.2.1 Notice to Terminate. Notify Seller in writing that this Contract is terminated; or Pegs 9 of 19 439 440 441 442 443 444 445 446 447 44K 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 4'74 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 49) 492 493 494 495 496 497 498 a acs.*.. 14fd-4'tm1aS— — aai ."-WAR#"i4.—a,1,....: _ a" arrna sTas l t ainabb er. - S S --.l .- 6- %'r•• Stienr!Rt L 10,2.2. Inspection Objection. Deliver to Seiler a written description of any unsatisfactory physical condition that Buyer requires Seller to correct. 10.3, inspection Resolution. if an inspection Objection is received by Seller, on or before Inspection Objection Deadline (§ 3), and if Buyer and Seller have not agreed hi writing to a settlement thereof on or before Inspection Resolution Deadline Of 3), this Contract will terminate on Inspection Resolution Deadline (* 3) unless Seller receives Buyer's milieu withdrawal of the Inspection Objection before such termination, i.e., on or before expiration of Inspection Resolution Deadline (* 3). 20.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this t✓oittraet or other written agreement between the parties, is responsible for payment for al[ inspcctions, tests, surveys, engineering reports, or other reports performed at Buyer's request (Work) and must pay for any damage that occurs to the Property and inclusions as a result of such Work. o . Boyer must not permit claims or liens of any kind against the Property for Work performed on the Property. Buyer agrees to indemnify, protect and hold Seller harmless from and against any liability, damage, cast or expense incurred by Seller and caused by any such Work, claim, or lien. This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to defend against any such liability, damage, cost or expense, or to enforce this section, including Seller's reasonable attorney fees, legal fees, and expenses. The provisions of this section survive the termination of this Contract, This § 10.4 does not apply to items performed pursuant to an Inspection Resolution, 10,5. Insurability. Buyer has the right to review and object to the availability, terms and conditions of and premium for property insurance (Property Insurance). Buyer has the Right to Terminate under § 25.1, cm or before Property Insurance ObjectionDeadline 0 3), based on any unsatisfactory provision of the Property Insurance, In Buyer's sole subjective discretion. 10.6. Due Diligence. 10,6.1, Due Diligence Documents. if the Fs s x ii h ked, Seiler agrees to deliver copies of the Following documotxts and tuforme aatco n role a gP rty Wue plilgeuco Documents) to Buyer on or before Due Diligence Documents Delivery Deadline (§ 3): 10.6.1.1. EMI contracts relating to the operation, maintenance and management of the Property; .... s=for titer lest `� yOufet tOttF lit—cotibtre‘irorr'lplans- to the Property- and- thelennant--i rovement, including t iuul cn. Ca t i_ -teroiOeenpnneyv to tlt4 extent now oviailabilea . erclritcoE net+ x:6;1:5, - . DOperatbrg-stn entente-fer the post yearn; 10.6.1.7. NA11 current leases, Including any amendments or other occupancy agreements, pertaining to the Property, Those leases or other occupancy agreements pertaining to the Property that survive Closing are as follows (Leases); Any in place X0.6.1,6. - CiA scheduio'of any tenant improvement -work Selig is obligatedio complete but -noty t been eerptoted and -capital -imp this Contract DAIHi,suranco policies perlaitiing-tertio Property rtndtcopies-efany o1oiins4vhaeh-liavo kaki made the past ye 10.6.1.10, rgSoiis reports, Surveys § and engineering reports or data pertaining to the Property (if not delivered earlier tinder 8.3); 1016.1.11. ZAny and all existing documentation and reports regarding Phase I and II environmental reports, letters, test results, advisories, mud similar documents respective to the existence or nonexistence or asbestos, PCB transformers, or other toxic hazardous or contaminated substances, and/or underground storage tanks and/or radon gas. If no reports are in Seller's possession or known to Seller, Seller warrants that no such reports arc in Seller's possession or known to Seller; I 0.6:142. DAasyilmerkaru r /sab1f S Ad rcporp,studies-or s t-raysr-coneentistg the corplianee °E-tke-Property-with said -A1 10.6.1.13. �AII permits, licenses and other building or use authorizations issued by any governmental authority with jurisdiction ovoi' the Property and written notice of any violation of any such ermits,.liccnse or use authorizations, if any; and 10.6,1.14. INOtitor documents and information: Any In Sellers DO§Ses$11911 10.621 Due Diligence Documents Review and Objection. Buyer has the right to review and object to Due Diligence Documents. If the Duo Diligence Documents are not supplied to Buyer or are unsatisfactory in Buyer's sole subjective discretion, Buyer may, on or before Duo Diligence Documents Objection Deadline 03); 106,2.1. Notice to Terminate. Noti4, Seller in writing that this Contract is terminated; or Pap !Oof19 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 10.6.3. 10.6,x. 10,6,S. 10.6.2.2. Due Diligence Document Objection.' Deliver to Seller a written description of any unsatisfactory Due Diligence Documents that Buyer requires Seller to correct. Due Diligence Documents Resolution, If a Due Diligence Documents Objection is received by Seller, on or before Due Diligence Documents Objection Deadline (* 3), and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Due Diligence Documents Resolution Deadline (a 3), this Contract will terminate on Due Diligence Documents Resolution Deadline (* 3) unless Seiler receives Buyer's written withdrawal of the Due Diligence Documents Objection before such termination, i.e., on or before expiration of Due Diligence Documents Resolution Deadline (§ 3), Zoning, Buyer has the Right to Terminate tinder § 25,1, on or before Due Diligence Documents Objection Deadline (* 3), based on any unsatisfactory zoning and any use restrictions imposed by any governmental agency with jurisdiction over the Property, in Buyer's sole subjective discretion. Due Diligence — Environmental, ADA. Buyer has the right to obtain environmental inv..eotiens of the Properptipluding Phase I and Phase U Environmental Site Assessments, as a pticablo, Di Seller (8) Buye order or provide ig Phase 1 Environmental Site Assessment, U Phase D Environmental Site Assessment (compliant with ASTIvl E152745 standard practices for Environmental Site Assessments) andfor ( MA, at the expense of Oseller Bayer (Environmental Inspection). Iii addition, Buyer, at Buyer's expense, may also conduct an evaluation whether the Property compiles with the Americans' wills Disabilities Act (ADA Evaluation). MI such inspections and evaluations' moat be conducted at such times as are mutually agreeable to minimize the interruption of Seller's and any Seller's tenants' business uses o€ the Property, if any. If Buy F • ection Deadline) and ifauoh--Extended Environmental Inspections Buyer —must tls �L Notwithstanding Buyer's right to obtain additional environmental inspections of' the Property in this 10,6.5, Buyer has the Right to Terminate under § 25.1, on or before Environmental Inspection Objection Deadline (§ 3), or if applicable the Extended Environmental luspectiott Objection Deadline, based on any unsatisfactory results of Environmental Inspection, in Buyer's sole subjective discretion. Buyer has the Right to Terminate under 25.1, on or before ADA Evaluation Objection Deadline (* 3), based on any unsatisfactory ADA Evaluation, in Buyer's sole subjective discretion. 10,7 iIJff wont Upun Suk of s uperty— 'E , .. 4—motiityrofibseteterteritt property owned by Buyer and -Gomm itpon-Seller's receipt of Buyer's Notion to Terminate on or be property #3note sold and closed by 5 Neeivc -Dpycr`s Noticci to -Terminate on 'r befor rn tnninato under this-proviaiorr. 10.9. tial Land Aad-Resid ity.Disolosure or•Source of Water -Addendum discloslirt tit kienteu-of-polableswater for the Property,. Bt turrent well permit, D There is No Welt kiRetifs I- of yer.=1f Ocylici dogs' not 13 WA" 'ER,. YOU -MAY -VIM TO eoN'' WATEROUPPLIFa Existing Leases; Modification of Existing Lenses; New Leases. Seller states that none of the Leases to be assigned to the Buyer at the time of Closing contain any rent concessions, rent reductions or rent abatements except as disclosed in the Lease or other writing received by Buyer. Seller wilt not amend, alter, modify, extend or cancel any of the uses nor will Seller enter into any new leases affecting the Property without the prior written consent of Buyer, which consent will not be unreasonably, withheld or delayed,. ANT TO OPL-pEL STA 3 EMENfl 611.1,- -- Tenant- Estoppel Statements Conti nd--.ot-to any Eeteppois tcmctris. -Shamus( obtain- and -deliver -.to Buyer on orbcfe,o-Tenant Estoppel Statennen#rDeudllnee (' 3), etaternentrin a -forge and substance r asortahlyia acptabic to Bvyc ifistoppel Statement) attached -to -creepy Lease elating* c commencement co eof the Liaise and-seieented-tcrninationilate of the Lcaac; 41,11 That -said remise is in full force mid cffea nttd~t amentlment4; Paso 11 of 19 559 560 561 562 563 564 1565 gg9 568 4 '569 570 571 ;572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 '591 592 593 594 595 596 597 598 599 600 601 602 14, 603 604 15. 605 606 607 608 609 610 611 612 613 614 615 616 617 411.4. The amount of monthly (or other applicable. period) rental -paid -Wading* 41.1,5. Trot iliac is 11O default under the t demising -the prernises it desuribeef ett subjective discretion, or if Seller --f sod -on arty-unsatislh ry---Estoppci Statement, in Buyer's sole . nsntisfnetory-Estoppel- Statomant. r Fl Mir I j LEi i E + . *z., �.L:Sii7LW� ,7L.�(...t` I s. aZI . rIM 1MMM . - eak 12, CLOSING DOCUMENTS, INSTRUCTIONS AND CLOSING. 12.1. Closing Documents and Closing Information. Sailor and Buyer will cooperate with the Closing Company to enable the Closing Company to prepare and deliver documents required for Closing to Buyer and Seller and their designees. If Buyer is obtaining a new loan to purchase the Property, Buyer acknowledges Buyer's lender is required to provide the Closing Company in a timely manner all required loan documents and financial information concerning Buyer's now loan. Buyer and Seller will Ibralsli any additional information and doonmonts required by Closing Company that will be necessary to complete this transaction. Buyer and Seller will sign and complete oil customary or reasonably required documents et or before Closing. 12,7. Closing instructions. Colorado Real :state Commission's Closing fnstnictiens DAre ► 4 Are Not executed with this Contract. 12,3. Closing. Delivery of deed from Seller to Buyer will be at closing (losing). Closing will be on the date specified as the Closing Date (§ 3) or by mutual agreement at an earlier date. The hour and place of Closing will be as designated by MyttiaLgarompi nt 3 t r and of r n Closig dale In 3 Da s an ead s ee 12.3 rnav also be rriodlfled or extended to leter Ala an with Iha $_„ di _aio v s_io_ns, of this Controet, 12.4. Disclosure of Settlement Costs, Buyer and Seller acknowledge that costs, quality, and extent of service vary between different settlement service providers (e.g., attorneys, lenders, inspectors and title companies). 13. TRANSFER O1? TITLE. Subject to tender of payment at Closing as required herein and compliance by Buyer with the other terms and provisions hereof, Seller must execute and deliver a good and sufficient §S eof II Warrantydeed to Buyer, at Closing, conveying the Property free and clear of all taxes except the general taxes for the year of Closing, Except as provided herein, title wilt be conveyed free and clear of all liens, including any governmental liens for special improvements installed as of the date of Buyer's signature hereon, whether assessed or not, Title will be conveyed subject to: 13,1. Those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with Record 'Title 8.2), 13.2, Distribution utility easements (including cable TV), 133. Those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge and which wore accepted by Buyer in accordance with Off Record Title (§ 8,3) and Current Survey Review (§ 9). 13.4, Inclusion of the Property withia.any spacial taxing district, 13,5, Any special assessment if the improvements were not installed as of the data of Buyer's signature hereon, whether assessed prior to or after Closing, and 13.6. Other None PAYMENT 01? ENCUMBRANCES, Any encumbrance required to be paid will be paid at or boibre Closing from the proceeds of this transaction or from arty other source. CLOSING COSTS, CLOSING PER, ASSOCIATION PEES AND TAXES, 15..1, Closing Costs. Buyer and Seller must pay, in Good Funds, their respective closing costs and all other items acquired to be paid at Closing, except as oesrwisc provided herein, 15.2. Closing Services Fee. The fee for real estate closing services must be paid at Closing by DBttycr ClSelier ElOne-Ralf by Buyer and OaaelHalf by Seller DOther 15.3. Status Letter and Record Change Fees. Any fees incident to the issuance of Association's statement of assessments (Status Loiter) must be paid by 013uyer DSeller f'one•Haif by Buyer and OBernalf by Seller C.4 None. Any record change fees assessed by the Association inoluding, but not limited to, ownersht record transfer fees, regardless of name or title of stroll fee (Association's Record Change Fee) must be paid by► Buyer DSelter Done -Half by Buyer and One-half by Seller it. None. 15.4, Local Transfer Tax, One Loral Transfer Tax of a% of the Purchase Price must be paid at Closing by fl Buyer QSeller Ooneflair by Buyer and One -Half by Seller EjNone. 4 f•i7-16—=a'.-fl i�L1tcz4'.�� a1s#T1Wteadare W 0= etest3z{:. .ajaJ sectlalrtab mama ea wnann 1 csLangan•sol-{..4.1NM. kestal1 =i Ie %a.ar • - a.— _ 618 619 X620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 656 657 658 659 660 661 662 663 664 665 666 667 668 669 +620 671 672 673 674 675 676 CfSerlitt ' DOrte- l tnolvi, is farlire fu3kv' ing o ►so ation It of dm l rtbasG- 'rku-cr : 15.6. Water Transfer Fees. The Water Transfers Fees curt change. The fees, as of the date of this Contract, do not exceed $200,00, for: ,. D\'Vatcr StccckVCercificates ['Water District NAugmentation Membership USmall Domestic Water Company WI and niust be paid al Closing by °Buuyer dSeller 0One~Half by Buyer and One -Half by Seller None. 15.7, Sales and Use Tax, An sales and use tax that may accrue because of this transaction must be paid when doe by .Buyer .Seller LI Cane -Rolf by Buyer anti °ne'Ha l by Seller EINone, 16. PROBATIONS. The following will be prorated to the Closing Date 0 3), except as othenviso provided: 16.1. Taxes. Personal property taxes if any, special taxing district assessments, if any, and general real estate taxes for the year of Closing, based on UTaxes for 11w Calendar Year Immediately Preceding Closing SIi ost Recent Mill Levy and Most Recent Assessed Valuation, adjusted by any applicable qualifying seniors property tax exemption, qualifyin: disabled veteran exemption or c .Other 13 teases in effect at• Closing a 46a. Asst,t3a#inn Ass • i • • • • 3 tit,. • f . r r-- tcl-,o f -- transferee' $ tie tano' and --add e -r-= mus-Fattsigneto Buyer all . .. knee will be credited to -Seller at-GLesing, Cash resurvca Melee afrieferred minion . Governing -Documents. Dxrttr ackttowledthat-Buyer m� +amount forrreserveu or werlting-enpltalh, -Any-peeialr assessment aseeeaed-prior40 Closing Dated 3) ihy th4 Associotiott-will be tit �■ . s - aseasmatikriite Association (LU i • i • p se prded-by`the »s•vs„vz f7ViPVN pfler to o ar Cie lit l•w ll•be the obligaii . nis that -the ' aooi on Anieashrhonte tiro ourreatlytaya against -the Proper-excepi - lwoureent regular usscasntcn#n 1 7-- ratol. assessments MO subJeot- to a ionge as provided in the G vcrnft 4 • I -into-Assooiution to deliver-ateriattyer Soto?* Closing- to (§ 3-}-n current Statue batten 16.4. Other Prarattons, Water and sewer charges; propane, interest on continuing loan, and other Item. 16.5. Final Settlement. Unless otherwise agreed in wrung, these prorations are final, 17. POSSESSION, Possession of the Property will be delivered to Buyer on Possession Date (* 3) at Possession Time ( 3), subject to the Leases as set forth In § 10.6.1.7. If Seller, after Closing, fails to deliver possession as specified, Seller will be subject to eviction and will be additionally liable to Buyer for payment of $2g2 per day (or any part of a day notwithstanding § 18.1) from Possession Date (* 3) and Possession Time (* 3) until possession is delivered. Rat gvcx;ensv t]15cyc.4(),I •` ticipiptr l fei-.'� i,ro ��t'iirifip• rosin ,i-fiy fif:p1 {:i 7.-r ftvi'!J` refit yti✓� a ik,Pe �l_i •fir G ' tti f( r.'�l,•y[• ` .r,[ - *•. 5 � fi t• ri (~ 1 till /�i=� y: a .- •1 ,.�. -l\I 1, F ♦ , "4- ,a Y R $ ; : .3f(et.i• ► it r ' 'j]Jr �iOC ^Y f • ► �l.a cla �•*r i�'_s'J►� �i.• nv:1 .-..r'�..w.. ..T ..��. 4. •{� f.d �`,� . _...�r4 r�.t. Stiff: ��1. .-:::1r•� �ii��.�7� tiV s�ti �M,��6%\��r��i �4 18. DAY; 18,1.• 18.2. COMPUTATION OF PERIOD OF DAYS, DEADLINE. Day. As used In this Contract, the term "day" means the entire day ending at 11.59 p.m., 'United States Mountain Time (Standard or Daylight Savings as applicable). Computation of Period of Days, Deadline, In computing n period of days, when the ondins date is not specified, the first day is excluded and the last day is included, (e.g,, three days after tv1EC). If any deadline falls on a Saturday, Sunday or federal or Colorado state holiday (Holiday), such deadline (Will OWI11 Not be extended to the next day that is not a Saturday, Sunday or Holiday. Should neither box be checked, the cleadlina will not be extended, 19. CAUSES OF LOSS, INSURANCE; DAMAGE TO INCLUSIONS AND SERVICES; CONDEMNATION; AND WALK-TER.OUGH, Except as otherwviso provided in this Contract, the Property, Inclusions or both will be delivered in the condition existing as of tite date of this Contract, ordinary wear and tear excepted. 19.1i Causes of Loss, insurance. In the event the Property or Inclusions are damaged by fire, ether perils or causes of loss prior to Closing in an amount of not more than ten percent of the total Purchase Price (Property Damage), Seller is obligated to repair the same before Closing Date ( 3). Buyer has the, Right to Terminate wider * 25.1, on or before Closing Date (§ 3), of the Property Damage is not repaired before Closing Date (§ 3) or if the dauwage exceeds such sum. Should Buyer elect to carry out this Contract despite such Property Damage, Buyer is entitled to a credit at Closing for all the insurance proceeds that were received by Seller (but not the Association, if any) resulting from such damage to the Property and Inclusions, plus the amount of any deductible provided for in such insurance policy. Such credit must not exceed the Purchase Price. in the event Seller has not received such insurance proceeds prior to Closing, the parties may agree to extend the Closing Date (* 3) or, at the option Pogo t3 of 19 'I ._s• aati....arYS —_•- aian .r a.. a `ara asalallalanaaaa . _ .,. Yo Yv1na»aWan r.n...s+n..,-Ls.7+'C?t•h1-8:Yathfattain' osante aaaria t-r.an.crrrn,: at -a at am nes •• seta w —_ 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 I69►5 X696 697 698 699 700 701 702 703 � 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 '728 729 730 731 732 733 734 735 of Buyer, Seller must assign snob proceeds at Closing, plus credit Buyer the amount of any deductible provided for in such insurance poiioy, but not to exceed the total Purchase Price, 19.2. Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication services), system, component or fixture of the Property (collectively Service), e,g,, heating or plumbing, fail or be damaged between the dale of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement of such Inclusion or Service with a unit of sniilar size, age and quality, or an equivalent credit, but only to the extent that the maintenance or replacement of such Inclusion or Service is not thb responsibility of the Association, if any, less any insurance proceeds received by Buyer covering such repair or replacement, If the failed or damaged Inclusion or Service is riot repaired or replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terrnivate under § 25,1, on or before Closing Date (§ 3), or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or Service. Such credit must not exceed the Purchase Price, If Buyer receives such a credit, Seller's right for any claim against the Association, if any, will survive Closing, Seller and Buyer are aware of the existence of pre- owned home wammantyr programs that may be purchased and may cover the repair or replacement of such Inclusions, 19,3 Condemnation. In the event Seller receives actual notice prior to Closing that a pending condemnation action may result lira taking of all or part of the Property or Inclusions, Seller must promptly notify Buyer, in writing, of such condemnation action, Buyer has the Right to Terminate wider § 25.1, on or before Closing Date (§ 3), based on such condemnation action, in Buyer's sole subjective discretion. Should Buyer elect to consurnmaio this Contract despite such diminution of value to the Property and Inclusions, Buyer is entitled to a credit at Closing. for all condemnation proceeds awarded to Seller for the diminution in the value of the Property or Inclusions but each credit will not include relocation benefits or expenses, or exceed the Purchase Price. 19.4. '4 talkeThrough and Verification of Condition. Buyer, upon reasonable notice, has the right to walk through the Properly prior to Closing to verify that the physical condition of the Property and Inclusions complies with this Contract, 19.5. Risk of Loss — Growing Crops. The risk of loss for damage to growing crops by fire or other casualty will be i bonze by the party entitled to the growing crops as provided hi 2.8 and such party €s entitled to sub insurance, proceeds or benefits for the growing crops, 20. RECOMMENDATION OF LEGAL ADD TAX COUNSEL By signing this Contract, Buyer and Seller acknowledge that the respective broker has advised that this Contract has important legal consequences and has recommended the examination of title and consultation with legal and lax or other counsel before signing this Contract. 21, TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence hereof, If any note or check received as Earnest Money hereunder or any other payment duo hereunder is not paid, honored or tendered when due, or if any obligation hereunder in not performed or waived es herein provided, the nondefaulting party has the following remedies: 21.1, If Buyer Is in Default: 21,1.1, OSpecific Performance. Seller may elect to treat this Contract as canceled, in Nvirich case all Earnest Money (whether or not paid by Buyer) will be aid to Seller and retained by Seller; and Seller may recover such damages as may be proper; or Seller may cited to treat this Contract as being to fun force and effect and Seller has the right to specific performance or damages, or both, 21.1,2. Liquidated Damages, Applicable. This § 21,1`2, applies unless the hex hi § 21,1 I s c eel eel A1] Earnest Money (whether or not paid by Buyer) will be paid to Seller, and retained by Seller. Both parties will thereafter be released from all obligations hereunder. It is agreed that the Earnest Motley specified in § 4,1 is LIQUIDATED DAMAGES, and not a penalty, which amount the parties agree is rail and tcasonablc and (exccp t as provided in § §10.4, 22, 23 and 24), said payment of Earnest Money i. SELLER'S ONLY REMEDY for Buyer's failure to perform the obligations of this Contract. Seller expressly waives the remedies of specific performance and additional damages. 21.2. If Seller is in Default. Buyor may elect to treat lids Contract as canceled, in which case all Earxtetist Money resorted hereunder wilt be returned , or Buyer may elect t- to treat this Contract as being in fidi force and effect and Buyer has the right to specific performance r -damages, 401 both. 22, LEGAL FEES, COST AND EXPENSES, Anything to the contrary herein notwithstanding, in the event of any arbitration or litigation relating to this Contract, prior to or after Closing Date (* 3), the arbitrator or court must award to the prevailing party all reasonable costs and expenses, including attorney fees, legal fees and expenses. 3. MEDIATION. I f e di drat proceed -in gcod-faith-to air impartial rporsorrwho helps to resob'clhe dispute t eselewitlegiete ohititptirbindiftv andinge—The-parties will jointly' tippvirat an ace able -mediator and will 3 tare-eguatiy-M ttcc tern tf sutlhtncdiation. mcdiadon,-unless other -wine agreed, will ternttneto ht the e►ventrthc-cntim-dispttte la eot.resolncd thin th 'days-ef eke elate writtcrtenetico guesting Page 14ort9 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 767 768 769 ,770 '771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 334 792 793 301 ADDITIONAL PROVISIONS. (The following additidnal provisions have not been approved by the Colorado Real 3?1 Relate Commission) mediatienis--dc -per bite vnl:act, unless otherwise agreed, 24, EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder must release the Earnest Money following receipt of written mutual instructions, signed by bolt Buyer and Seller. In the v • ' rsy regarding the Earnest Money, Earnest Money Holder is not required to release the Earnest tv`n P o + er "ITN 'sole subjective discretion, bus several options; (I) wait for any proceeding between Buyer and Seller, (2) lnterplead all parties and deposit Earnest Money into a court of competent jurisdiction (Earnest Money Holder is entitled to recover court costs and reasonable attorney and legal fees incurred in such action); or (3) provide notice to Buyer and Seller that unless Earnest Money Holder receives a copy of' the Summons and Complaint or Claim (between Buyer and Seller) containing the case number of the lawsuit (Lawsuit) within one hundred twenty days of Earnest Monty Holder's notice to the parties, Earnest Money Holder is authorized to return the Earnest Money to Buyer, In the event Earnest Money Holder does receive a copy of the Lawsuit, and has not interpled the monies at the time of any Order, Eernesi Money Holder must disburse the Earnest Money pu t ant to the Order of the Court. The parties reaffirm the obligation of Mediation (§ 23). This Section will survive cancellation or termination of this Contract. 25. TERMINATION. 25.1. Right to Terminate, If a party has a right to terminate, as provided In this Contract eight to Ter tin.atee, the termination is effective upon the other party's receipt of a written notice to terminate (Notice to Terminate), provided such written notice was received on or before the applicable deadline specified in this Contract. If the Notice to Terminate is not received on or before the specified deadline, the party with the Right to Terminate accepts the specified matter, document or condition as satisfactory and waives the Right to Terminate under such provision. 25,2. Effect of Tcrminet1on. In the event this Contract is terminated, till•Eamest lvionerreveived l�c::u�rder il ba eteetnied end the parties are relieved of all obligation hereunder, subject to 4§* 10,4, 22, and 24. • 26. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL, This Contract, its exhibits and specified addenda, constitute the entire agreement between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or written, hiwo been merged and integrated Into this Contract. No subsequent modification of any of the terms of this Contract is valid, binding upon the parties, or enforceable unless made in writing and signed by the parties, Any right or obligation in this Contract that, by its terms, exists or is intended to be performed after termination or Closing survives the saute. 27. NOTICE, DELIVERY, AND CHOICE OF LAW. 27.1. Physical Delivery. All notices must bo in writ€ng, except as provided in § 27,2. Any document, including a signed document or notice, from or on behalf of the Seller, and delivered to Buyer is effective when physically received by Buyer, any signatory on behalf of Buyer, any ,tamed Individual of Buyer, any representative of Buyer, or Brokerage Firm of Broker working with Buyer @oucept for -delivery, aftor-Closing, of the metier requesting .t + except as provided in 27.2). Any document, including a signed document or notice, from or on behalf of+Buyer, and delivered to Seller is effective when physically received by Seller, any signatory on behalf of Seller, any named individual of Seller, any representative of Seller, or Brokerage Firm of Broker working with Seller (otteept-€or deflvaiwa-tierClosint i ise ed in § 23 and except as provided -in § 27.2). 2721 Electronic Delivery. As an alternative to physical delivery, any document, including a signed document or written notice, inn be delivered in oteotronic form only by the following indicated methods: ElFacsimile Entail �Lnternet If no box is cheated, this § 27.2 is not applicable and ; 27.1 governs notice and delivery. Documents with original signatures will be provided upon regoest of any party. 27,3. Choice of Lime ','his Contraot and all disputes arising hereunder are governed by and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for property located in Colorado, 28. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal will expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below, and the offering party =elves notice of such acceptance pursuant to § 27 on or before Acceptance Deadline Date (3) and Acceptance Deadline Time (y 3). If accepted, this document will become a contract between Seller and Buyer. A copy of this Contract may be executed by eiich party, separately, and when each party has executted a copy thereof, such copies taken together art deemed to be a full and complete contract between the parties, 29 GOOD FAITH. Buyer and Seller acknowledge. that each party has an obligation to act in good faith including, but not limited to, exercising the rights and obligations set forth., in the provisions of Financing Conditions and Obligations ($ 5), Title Insurance, Record Title and OlT Record Title (§ 8), Current Survey Review (§ 9) and Property Disclosure, Inspection, Indemnity, Insurtibltlty, flue Diligence, Buyer Disclosure and Source of Water (§ (0). i '1�3�if LE1? *[ ? + ..r■ ts�Ji'i�,1,,,{.:.��y.�t�:-ti4�hl�'L .,` +iry�ta. •lb ' �t �J.�iry-•w•: +C /:Jfs�'./le •ad444tIs:'-•'1.i4� 7.cr+,�o■r�.K1i■.t�+s a+�,: 11....‘5,- eL.�.r�a`L`a..�•!•..'.r4 •{" �` c'" Sq-.2r1•y ji.• 1+ .J '� ; •,`r.�4. . p .1 i• i1 ," - �4 . i 't- �'� _� 4 f . , • + 1 �• tir r �f rls��r�.fit� �..i 51 chit ��` )i r 'I'�1 'l;14L1 .11 1{p�, .1'� r re of '1St a: �l�} : i ■L• • • . e r L��C C'I- t j cellos!' a . .� :1 i' •'; . '1 .1 � . • [ ,•ti •. 't tl,� r , r. � �,f. ` a .,� ` .0F.il � , t lI .r�� 4, ssa aS�.ia17 �i 7. Sy► -tom 4r-.::.1 :1 :� �y.. i?�:r■■�--�[.r..S-.+•'-��. �a: '..I�.�I ;flirt.4767 Ic�•'r� ..�......';� .ii-�{.� 1��: a1r-' r�l. 'r - .. M•�c' r4�:1f'y.fi�'ai�i4l ..• .1 •-'e )3.'�ri5 LY.7 Page)itit`t9 4, k} ..... MT:ru.=savaune _ er4?lt:tom— ► O�� — �.�.....c.xrat W4 •l.S.a _as✓— ++raarye—�: ►.AykOa1r,Yti`rp1, 796 A. Buyer's obligations under this Contract are specifically conditioned upon: (i) Buyer's satisfaution, in its sole and `797 absolute discretion, with the boundariesand physical condition of the Property and Inclusions; and (ii) Buyer's 798 determination, in its sole and absolute discretion, that the Property may be used for Buyer's intended purposes on terms and 799 conditions acceptable to Buyer that are likely to be imposed by the relevant governmental authorities. If these conditions - 80O are not satisfied on or before the end of the Due Diligence Period, Buyer may, at its option, terminate this Contract in wvhloh i 801 case the provisions of"Section 25 -- Termination" shall apply, 802 8O3 B. Buyer's intent in forming this Contract is to complete an expedited due diligence period within 60 days of Seller's 8O4 acceptance of the Contract. MI terms of the Contract shall be construed to effectuate this intent. The Contract 8O5 contemplates that any extension beyond the initial Closing date of MEC plus 70 days, is to provide time for Buyer or Setter 8O6 to complete activities necessary for Closing. Unless specifically described in these Additional Provisions, if the Contract is 807 extended Buyer does not anticipate any cause or opportunity to terminate after the initial due diligence period. For the 808 purposes of these Additional Provisions, the Due Diligence Period expires at lviEC plus 6O days. 809 810 C. To the extent owned by the seller, all surface water and water rights appurtenant to the Property, ail tribunary, non - 811 tributary, and not non^tributary ground water and ground water rights underlying and/or appurtenant to the Property, and 812 the right to extract and/or use said water and to freely assign or convey such rights; togrther with all rights to any wells on 813 the Property and the right to extract and/or use water from said and to freely assign or convey such right; all of the above to 814 be conveyed to Buyer at Closing by special warranty deed or other applicable legal instrument at no additional cosccxccpt 815 as provided herein. 816 817 a To the extent owned by the seller, the entire mineral estate of the Property including, if any, without limitation, all oil 818 and gas and oil and gas rights, and minerals and mineral rights on, under or associated with the Property; all of which shall 819 be conveyed to Buyer at Closing by quit claim deed or other applicable legal instrument at no additional cost, subject to all 82O currently existing lenses, assignments, profits, surface use agreements and other transactions involving the mineral estate, 821 822 E. Seller shall cooperate with and assist Buyer in Bayer's due diligence including, without limitation, providing 823 reosonnblc access to the Property for inspections, providing copies of docu tnerits reasonably requested by Buyer, and 824 providing access to Seller's consultants. Buyer specifically anticipates due diligence work to clarify and rationalize land 825 use planning and zoning issues, including an lntergoverruttentat agreement between the eities of Ft. Lupton and Brighton 826 that may require local legislative action to enable future use of the subject property. Seller shall cooperate with the Buyer 827 in obtaining reasonable access to all areas of the site, including access to portions of thc site east of the Union pacific 828 Railroad. Seller shall cooperate in Buyethe attempt to negotiate with the railroad for a new crossing r rid with neighboring 829 land owners and municipal jurisdictions as may be required, provided such cooperation is at no or nominal cost to Seller. 830 Buyer will require all third-partycontraotore or other invitees under its direction and control (e.g., to perform studies during 831 the Ate Diifgenec Period) to execute a Right. oftEntry License or equivalent agreement in a form and with indemnificolion 832 and other terms acceptable to Seller; Seller will not unreasonably deny such agreement 833 834 F. Buyer intends to finance a portion of the purchase using a loan obtained from nn institution with which the Buyer has 835 an existing relationship. The Price and Terms outlined in § 4,1 represent Buyer's current.best estimate of such financing, 836 but Buyer reserves the right to adjust the loan amount; provided suoh adjustment may not directly or indirectly delay or 837 interfere with the ability of Buyer and Seller to proceed with a lintel}, Closing. Buyer shall determine final loan terms by 838 the end of the Due Diligence Period, reserving until that time a right to terminate pursuant to § 25,1. After the expiration of 839 the Due Diligence Period, the Buyer may not and shill! not terminate the Contract on the basis of loan terms or conditions. 840 841 O. Seller represents to Buyer that, to its knowledge; (a) the Property has not been and is not currently under investigation 842 for violation of any federal, state, or local laws or regulations; and (b) there is no suit, action or otbitration, or legal, 843 administrative, or other proceeding or governmental investigation, formal or Iuforrnni, including but not limited to eminent 844 domain, condemnation, assessment district or zoning change proceeding, pending or threatened, or ony judgment, 845 moratorium or other government policy or practice which affects the Property, or which adversely affects Seller's ability to 846 perform hereunder. Any changes to this representation shall be disclosed to Buyer at or before Closing. 847 848 F, No regulatory agency has informed Seller that there are any violations or threatened violations of Environmental Laws 849 with respect to the Property. For the purposes of this Contract, Environmental Laws shatl mean the Comprehensive 85O Environmental Response, Compensation and Liability Act of 1980, as untended, 42 U.S.C. § 96O1 et. seq.; the Toxic( 851 Substance Conkol Act, 15 US,C. § 26O1 et seq.; the Hazardous i iateriels Transportation Act, 49 tJ.S,C. a 1802; the 852 Resourec Conservation and Recovery Act, 42 U.S.C, § 9601 at. seq.; the Clean Water Act, 33 U.S.C. § 12.51 et. seq.; the 853 Sate Drinking Writer Act, 42 ' .S.C, * 300(f) et seq., the Clean Air Act, 42 U.S.C. § 7401 et seq.; and any permits, 854 licenses, approvals, plays, rules, regulations or ordinances adopted, or other criteria and guidelines promulgated pursuant to Page I6v119 MP -lit ♦i i..i..s...411. - 855 856 857 858 859 860 861 862 863 864 865 866 867 ;868 1869 870 871 872 0873 874 875 �876 878 879 880 881 882 883 884 885 886 887 888 889 890 891 .892 893 894 895 896 897 898 899 89 902 903 904 905 906 907 the preceding laws or other similar federal, state or local laws, regulations, rules or ordinances in effect relating to environmental matters, Any changes to this representation shall be disclosed to Buyer at or before Closing. I. Each party agrees, without expense to that party, to cooperate with the other party for purposes of effecting and structuring, In conjunction with the sale of the Property, a like%kind exchange of real property, whether a simultaneous or deferred exchange, pursuant to Section 1031 of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder, provided that such cooperation does not affect or extend any date for Closing to the detriment of any party, or obligate any party to take title to any exchanged parcel, or relieve any party from any of its obligations under this Contract. J. All terms and conditions of this contraadt shall survive Closing and shall not merge into the deeds to be delivered at Closing. K. Tite parses and their respective counsel have reviewed, revised, and approved this Contract. Accordingly, the rule of Consltuetion that any ambiguities are to be resolved against the drafting party shall net be employed in the interpretation of this Contraot or any amendments or exhibits hereto. L. Buyer has thready conducted limited field evaluation of the site, and agrees to continue to be bound by the terms of the Right of Entry License (dated 8`r` September 2015) that allowed such prior access. During the 60 day due- diligence/Inspection Objection period, Buyer has the right and approval of Seller to enter the property and conduct necessary borings, tests and evaluations including access mid UPRR requirements. Buyer agrees to indemnify and hold harmless and provide liability insurance during the Due-Diligence/Inspec Objecliott Period naming Seller as additional insured. This provision shall survive termination of the contract or closing, whichever occurs. Access by other persons, including Buyer's consultants, is governed by Additional Provision 30(E). M. Buyer may nt any time during the lase-Diligence/Inspection Objection Period of 60 days, at its sole discretion terminate this contract and all earnest money deposit held by RTD (Seller) shall be returned to Buyer and each party shall bo relieved of any further obligations. N. Within 5 days prior to the expiration of the Duo Diligence Period and thereafter within 5 days prior to the expiration of each incremental 30 -day extension hereunder, Buyer may extend the contract for up to (4) 30 day consecutive periods by depositing to yeller additional earnest money under the following schedule, Day 61 to days 90 Day 91 to day 120 Day 121 to day ISO Day 151 to day 180 • Notwithstanding Section 4,3,2, after the expiration of the Due Diligence Period, nil monies deposited by Buyer am non, reflmdable to Buyer but applicable to purchase price at closing. Cfosiug will occur within 30 days after the expiration of any 30 -day extension. O. Buyer shall have the right to review and approve the Title Company Selected by the Seller pursuant to Section 7 of this Contract, which approval shall not be unreasonably withheld. 31, ATTACHMENTS, 31,1. The following attachments are a part of this Contract: N/A, 31.2+ The following disclosure forms are at (ached but arc not a part of this Contract: NIA. k w[ 5.1 e� * � ` �!# ��r��i �ti. �r� V.� * .�E*1�`t ,�+�'y� �'t. tisv �r Y-i� +T r 3 F}f r . . .w 4 ]� 4 t �y f �. f ��j, {`- (.p'�.;�y!�'y�'1� 1P r �'!�� 'tl •'l'{, a � l ) � (,rY .�" {f.� i�,. F� � �� (�� f�•�lr��' {�-k�'f} ykLn_ 1 Sy �i ti� t V+. ::lr r .• 7ia!!�+i�_ i1�J rjit''i'"k t' s;i' ' 4 i 7l�fka l �'+'y}}?`.!*'�1J l i S'_�Sitt tyy i Y ( �#j I 'I '. 1?, ypy)1�1Jy�ltjJf� rY ri a.Q)y(� I Y f �j }f��;A{.I[IJ/f. �� iT rix-�tt+, 1t��j�yj X t a .• a!• i '�p+. Sf rSa •.,it1 LM Sa.lYa,. A1. `- �i i'{ ♦!,� *.-1r i..!�."4�:.. n• .k1.Sal.ial/l[c,'f�'d�r ��r '�Y.. 771ti *J/.'ti�iY1:-,:b"Y�a+L hrty.;.rYi1J►J'f �LfMil Buyer's Nan Brann - n Sand an ! .d 1`LC b Date 2600 E Branco Buyer's Signature Address: Gravel rt Marvel Way Buyer's Name Bsty►cr's Signature Address; Date Pap 17af19 Denver, CO4034 908 909 910 $I� 915 916 33. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. (To be completed by Broker working with Buyer) I Phone No.: 303.534-1231 PhoneNo,: Fax No.; 303-534-1238 �.. - - - ------�. Fax No.: electronic Address: ,!jmarvel@brannan'f.cfor ,s Electronic Address: (NOTE: It this offer is being countered or rejected, do not sign this document. Refer to § 32J Seller's Name: x Regional Transpora ilon District /Cy Seller's Signature — Address: 1560 Broader ay Phone No.: Fax Nos: Electronic Address: Suite _ Denver, go 80202 - 303.209.8000 jaildvo@rtd-denver.com enver.com 32, COUNTER; O 0� r i cou!ttrr } Seller's Name: TTY Seller's Signature Address: Phone No, Fax No.: Electronic Address: Rejeeii. • Dale • Lori L. Graham, Associate Genera Counse Willis only of party (Buyer or Seller) who countered or rejected offer 1$ 7 �s] 4 . a � , „,2,2(3,7-1(b:#41440,,,Pitr-P.JrfAsig.iter:ensrOvieffeiT,Pi, • ivief � r dd ! ■�ti�'i � .:�� .J'riL4��...��.��7�i.�*.i. .��''ii'�a►.. +i'�{ .��.s. �•�Y��F�3G+-is�� .�.��f�i.�� t :1-�i[F��!i•�ir. }'lrr 919 920 921 922 923 926 y 929 X34 932 933 934 Broker Dunes Fitt Does Not acknowledge receipt of Earnest Money deposit anti, while not a party to the Contract, agrees to cooperate upon request with any mediations concluded under § 23, Broker agrees that if Brokerage Firm is the Earnest Money Holder and, except as provided in * 21, if the Earnest Money has not already been returned following receipt of a Notice to Terminate or outer written notice of termination, Earnest Money Holder will release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Menu will be made within five days of Earnest Motley lloldcr'9 receipt of the executed written mutual instructions, provided the Earnest Money check has cleared. Broker Is working with Bttycr as a EalJ3uyer's Agent Setter's Agent DTransaction- roker in this transaction. Omit is a Change of Status. Brokerage Eirm's compensation or commission is to be paid by Dusting Brokerage Firm roDuyer Dother N/A, Brokerage Firm's Name: Flail! Foster and Cornr nil Broker's Name: X Address: Phone No.: FaxNo.: Electronic Address: ., Peter G. Gunderson , Broker's Signature 2 411" %41s Date 11 E. Ha txfor Ava Suite 104, Denver CO 80231 303 2294665 303 399-0930----- - 1a r .:orr�ell earthlink,net •+ a• �Yr.�rna •• 935 936 34! BROKER'S ACKNOWLEDGEMENTS AND COMPENSATION DISCLOSURE. (To be completed by Broker working with Seller) ?ig 939 Broker Dikes ODoes Not acknowledge receipt of Earnest Money deposit and, while not a party to the Contract,940 agrees to cooperate upon request with any mediation concluded under * 23. Broker agrees that if Broker Psi°of 19 sap n age Firm is the TOF Earnest lvloney Holder mid, except as provided hi § 24, if the Earnest Money has not already been returned following receipt of a Notice to Terminate Or other written notice of termination, Earnest Motley Holder will release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money will be made within five days of Earnest Money Holder's receipt of the executed written mutual instructions, provided the Earnest Money check has cleared, 946 Broker is working with Seller as a Seltnr's Agent OBuyer's Agent flTrausacfion-Broker in this transaction. 318 a DNB is a Change or Status. Brokerage is 's compensation or commission is to be pain by ❑Seller Buyer : Other N/A Brokerage Firm's Name; Broker's Name: X Phil! Foster and Compare Peter G, Gunderson Address: PhoneNo.: FaxNo.: Electronic Address: Broker's Signature 8$19 E. Hampden Ave Suite 104 Denver CO 80231 .Date 303 399-9422 303 399-0936 larryeeorriell@earthilnkmet rage 190119 Exhibit o — Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined At the time this application is being submitted/ the Regional Transportation District (RID) is the owner of record of all affected land. Pending completion of the contract between RID and the applicant (see Exhibit N for details), the property will be owned by Brannan Sand and Gravel Company, L.L.C. The owner of the surface estate is the sole owner of all sand, gravel, and other construction materials to be recovered. The access road, between the entry point on Weld County Road 8 and the parcel boundary approximately 14 -mile to the south is being acquired from Villano Family Investments, LLC. No construction materials will be recovered from this property, though the affected area will encompass the access road unless and until it is dedicated to use as a public right-of-way. CONTRACT TO PURCHASE LAND FOR ACCESS RIGHTS This Contract concerns a real estate transaction (the Transaction) between Brannan Sand and Gravel Company, L.L.C. (Brannan), and villano Family Investments, LLC (the Villanos, or the Seller). The Transaction grants Brannan certain Access Rights In exchange for monetary consideration. 1. Access Rights consist of the Initial Acquisition, three Installment Acquisitions, and Option Rights, as described herein, Brannan desires access to property immediately adjacent to and to the south of the 25.147 acre Thomas Annexation property owned by the Vilianos (the Adjacent Property). A potential primary access route to the Adjacent Property may be developed as a north -south driveway or improved roadway across the Thomas Annexation as the result of this Transaction. in the preparation of a deed or deeds prior to Closing, Access Rights will be based on requirements for Brannan's future uses of the adjacent property, including particularly alignment and dimensional criteria adopted by the City of Fort Lupton, state or federal mining regulations, or other applicable regulatory authorities. 2. Initial Acquisition. For the purpose of providing a primary access corridor to Brannan, the east -west dimension (width) of the initial Acquisition shall be 50 feet. Subject to regulatory guidance and confirmation by survey, the north -south dimension of the access corridor is estimated at 1,300 feet based on surveying documents associated with the Thomas Annexation. Any land required for Brannan's initial Acquisition purposes exceeding 65,000 square feet, or not otherwise conforming to this primary access corridor description, shall be acquired in accordance with the terms of Brannan's Option Rights. Closing on the Initial Acquisition shall occur on or before December 31, 2016, subject to extension by Brannan for up to an additional year. 3. Installment Acquisitions. Subsequent to the Initial Acquisition, in three annual Installment Acquisitions, Brannan shall extend its acquisition up to a total of 110 feet in width along the length of the entire potential right-of-way (the "subject Land"), On the first anniversary date of the Closing (a date 365 days after the Closing for the initial Acquisition), Brannan shall acquire the first Installment Acquisition, consisting of an additional 20 feet in width along the access route, by payingMall for the delivery of a deed therefor. Two additional installments of 20 feet additional width, for a price of each, shall occur on the second and third anniversary date of the Closing► respectively. Yrarinan shall have the right to accelerate this Installment Acquisition schedule at any time, and may acquire all subject land in one or more future installments at its sole discretion. 4. Option Rights. As part of the optioned Access Rights, based on good and valuable consideration acknowledged herein, Brannan shall have the option to purchase certain additional land. Brannan shall specifically have the right to acquire, at an appropriate rate of compensation, part or all of the future reserved right-of-way (as noted on the Thomas Annexation / Rezoning Map) along Weld County Road 8, or other land deemed necessary for the effectuation of its Intended legal access to the Adjacent Property. This option is subject to the following conditions: a. Prior o December 31, 2019, additional land subject to this option may be acquired at a price of b. On or after January 1, 2020, up to the expiration of this option, Brannan may acquire additional land c. Brannan may incrementally acquire subject land unless and until the option expires as provided In this paragraph; d. If Brannan has not exercised its option by December 31, 2025, this option shall expire. S. The Deed or Deeds required to complete the transactions contemplated herein shall be Bargain and Sale deeds. }f Brannan elects to purchase title Insurance, Brannan may do so at its sole cost and expense, 6, Brannan shall compensate theVillanos for the Initial Acquisition in fee title and the Option Rights for a lump sum price all."' Prior to Closing, and within three business days of mutual execution of this Contract, Brannan shall deliver to the Villanos an earnest money check in the amount of (the Earnest Money); The Earnest Money is applicable, at Closing, toward the purchase price of Illaand shall be fully refundable to Brannan if this Contract Is terminated prior to Closing; provided that up to of this earnest money may be applied by the Vilianos for attorney fees in the review of this Contract and the Transaction (therefore, to the extent up to is in fact so applied, this amount is not refundable). 8. The Transaction is contingent upon the approval by Ft. Lupton or other local land use authority of Brannan's zoning application for the Adjacent Property. Brannan shall additionally have the right to cancel the Transaction without penalty and receive a refund of the Earnest Money In accordance with paragraph 7 above in the event that it is unable to close Its current contract to purchase the Adjacent Property from the Regional Transportation District. Provided that, upon acquisition by Brannan, the Villanos may purchase, and Brannan shall sell, at the sole discretion of the Villanos, a nonexclusive access easement on any subject land, at a rate of per square foot. Notwithstanding the Villanos' election to exercise their option to purchase such an access easement, Brannan shall, at no cost to Villanos and upon request, grant a 30 -foot wide crossing easement to access any portion of Villano land severed by the Transaction, if no other access is feasible. 9. Upon transfer of affected land to Brannan, control and future disposition of such land shall be the sole concern of Brannan, including the initiation and timing of public right-of-way dedications or improvements. 104 This Letter shall not be construed to constrain in any manner Brannan or the Villanos ability to negotiate an annexation or development agreement with the city of Ft Lupton. f 11. This Letter and subsequent contractual documents are proprietary in nature. The Parties agree that such documents shall not be recorded unless otherwise required by law. The Parties' mutual acceptance below is a binding contract. If mutual execution of this Contract has not occurred within two weeks of the date of the first signature entered below, the offer to enter into this Contract shall expire. ACCEPTED: gOlteld VILLAN0 FAMILY INVESTMENTS, LL Printed name: rose' Title;. �`f � Date: teszAto r \Ittilliji BRANNASAND GRAV d6*ANY L.L.C. Printed name;, 0Mr&dt ViZ Title: Date: Exhibit P — Municipalities Within Two Miles At the time this application is being submitted, the subject property resides in unincorporated Weld County. Listed below, the municipalities of the City of Fort Lupton and the City of Brighton both extend to within two miles of the Valley's Edge Resource. The site is in fact contiguous to both cities (Fort Lupton on the west, north, and east; Brighton on to south) and is therefore capable of being annexed. To facilitate post -mining use, the applicant anticipates investigating, and possibly completing, a potential annexation over the course of mining and reclamation. Fort Lupton — 130 S. McKinley Avenue Fort Lupton, CO 80621 Phone: 303-857-6694 Brighton -- 500 S. 4th Avenue Brighton, CO 80601 Phone: 303-255-2000 Exhibit Q — Proof of Mailing Notices Attached are the proof of mailing to the Weld county Commissioners and the Weld County Natural Resources Conservation Service. NOTICE OF FILING OF APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR 11.E CONSTRUCITON MATERIAL S EXTRACTION OPERATION NOTICE TO THE WELD COUNTY BOARD OF COMMISSIONERS Brannan Sand and Gravel Company, Lit., whose address and phone number is 2500 Brannan Way,. Denver, CO 80229, (303) 534-1231, has filed an application for a Regular (112) Construction Materials Operation Reclamation Permit with the Colorado Mined Land Reclamation Board (the Board) under provisions of the Colorado. Land Reclamation Act for the Extraction of Construction Materials. The proposed mine is known as Valley's Edge Resource Pit, located in Sections 20 and 35, T1N, R66W, 6th PM., Weld County. The applicant proposed to reclaim the affected land to industrial. Pursuant to Section 34-32.5- 116(4)(m), C.R.S. the Board may confer with the local Board of County Commissioners before approving of the post -mining use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within twenty days of the date of the last publication of notice pursuant to Sec. 34-32.5--112(100 C.R.S. If you would like to discuss the proposed post -mining use, or any other issues regarding the application, please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203/ (303) 866-3567. U.S. Postal Service rri CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com , 1.•, Postage Certified Fee Return Receipt Foe (Endorsement Required) Resldeied Delivery Fee (Endorsement Required) Total Postage & Fees Sintro girecIAIlL7lVnP ; 2O2An 0 cc or PO Scuts*. P 7515ice,. �, City. State, ZIP+ -Sr ,5 L USE 3,3v 7U See-lat Poets Hem 0 2016 lisps Cr) O3 Co PS l min 3800, .Atigiisi ?flub Sou Iieve,se 101 instruction; NOTICE OF FILING OF APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR 112 CONSTRUCITON MATERIAL S EXTRACTION OPERATION NOTICE TO THE WELD COUNTY OFFICE OF THE NATURAL RESOURCES CONSERVATION SERVICE Brannan Sand and Gravel Company, LL.C., whose address and phone number is 2500 Brannan Way, Denver, CO 80229, (303) 534-x.231,has filed an application for a Regular (112) Construction Materials Operation Reclamation Permit with the Colorado Mined Land Reclamation Board (the Board) under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. The proposed mine is known as Valley's Edge Resource Pit, located in Sections 20 and 35, T1N, R66W, 6tf, PM., Weld County. The applicant proposed to reclaim the affected land to industrial. Pursuant to Section 34-32.5- 116(4)(m), C.R.S. the Board may confer with the local conservation district before approving of the post - mining use. Accordingly, the Board would appreciate your comments on the proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this application, you must submit written comments on the application within twenty days of the date of the last publication of notice pursuant to Sec. 34-32.5-112(10) C.R.S. If you would like to discuss the proposed post -mining use, or any other issues regarding the application, please contact the Division of Reclamation, Mining,. and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567. it to rn LI . ru rR 3230 0000 cO C3 cI U.S. Postal Service CERTIFIED MA L_,, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.uaps.com,, OFFICIAL Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Foes 50 r` x`7O 1/.1-/-t s ra 'A G i E,� f+ PQstrrneri4 C\ ) V Lu Sent To 671-‘.€ ky Fuld € i d1J �jr r�.i.+/�'+arZF'��I.i.i�si�.l��+si3♦�1��%'l�Ifi�:ir�ll+�.l�.J+r4�! , �,.Meet, Apt. No.. 11,4{/ (TL ((//jj�� City. Stele, ZIPt4 PS Form 3800, August 2006 '.iu,e Reverse for Inslrucliatis 4 Exhibit S — Permanent Man-made Structures Based on prior title work, utility locates, and field observation, the applicant has identified other parties that own permanent, valuable, man-made structures within 200 feet of the proposed affected area. Those structures meeting the criteria for this Exhibit S are listed and, to the extent feasible, mapped on Exhibit C-1. The mining and reclamation plan for the proposed Valley's Edge Resource are designed to reasonably minimize the risk of damage to adjacent structures, and no damage is anticipated as a result of those plans. Nonetheless, the applicant has prepared prospective agreements with each identified structure owner. Concurrently with the review of this application, each structure owner will be contacted to determine the need for an agreement (or, in the case of utilities, a "no negative effect" letter) and, if an agreement is appropriate, the specific terms necessary for both parties to enter into the agreement. In the event that a structure agreement cannot be negotiated within a reasonable time, the applicant will perform engineering analysis to ensure that such structures will not be damaged by mining activities. i4Nmi DELICH ASSOCIATE.S Traffic & Transportation Engineering asit 2272 Glen Haven Drive Loveland, Colorado 80538 Phone: (970) 669-2061 Fax: (970) 669-5034 MEMORANDUM TO: Deanne Frederickson, A PRofessionals Fort Lupton Staff FROM: Matt Delich DATE: August 16, 2016 SUBJECT: Brannan Sand & Gravel Traffic Impact Study (File: 1658ME01) 4177 I r*: �pr� c -b ry �} ..�.) e Z .• C .i.. , .• ', • tA L 'P. •I • v V*et ♦ cif ..` �2 P Qm eac W Dr v .0. c J3'ac....x.71.tei:Transt.•.,........„,..p.- 7... 9 r=• t eft. • • • ,r d• This memorandum addresses the transportation impacts of the proposed Brannan Sand & Gravel development in Fort Lupton. Brannan Sand & Gravel is proposed as a mining operation use. The site location is shown in Figure 1. The site plan for the Brannan Sand & Gravel site is shown in Figure 2. The City of Fort Lupton was contacted to discuss the scope of the traffic study for the Brannan Sand & Gravel development. A traffic impact study looking at the trip generation, turn lane requirements, and general intersection/road impact was requested. The proposed access to the public street system will be to/from Weld County Road 8 (WCR8), approximately 3,300 feet east of Weld County Road 27 (WCR27), known as Denver Avenue through the town of Fort Lupton. This access currently exists as a gravel driveway. The existing intersection geometry at the WeR27 We 8, W i 8/Haliburton West Access, and WCR /Haliburton East Access intersections is shown in Figure 3. Figure 4 shows the existing peak hour traffic at the key intersections. Raw traffic count data is provided in Appendix A. The traffic counts were obtained in July 2016. Weld County Road 8 is a two-lane road with no center median lane and a posted speed of 35 mph. There are no turn lanes at the existing site access driveway. Using the volumes shown in Figure 4, the current peak hour operation at the We 7/'c 8, WCR8/Haliburton West Access, and WCRS/Haiiburton East Access intersections is shown in Table 1. Calculation forms for these analyses are provided in Appendix B. The intersections were analyzed using the signalized and unsignalized intersection techniques from the 2010 Highway Capacity Manual (2010 HCM). A description of level of service for signalized and unsignalized intersections from the 2010 highway Capacity Manual is provided in Appendix B. Acceptable operation of the approaches for signalized and stop sign controlled intersections is generally level of service ID or better during the peak hours. As can be seen in Table 1, the key intersections are currently operating acceptably with existing control and geometry. The Brannan Sand & Gravel facility is proposed as a 12 hour a day operation. Trucks will enter the site empty, pick up material, and then leave the site delivering the material to various sites in the area (estimated that 95% of initial deliveries will be to the south on US85). Typically, Trip Generation, 9th Edition, ITE is used to estimate trips that are generated by a development. However, Trip Generation, 9th Edition does not have a category for this type of facility. Therefore, information provided by Brannan Sand & Gravel was reviewed to estimate the future traffic at this site. For the ten on -site employees, the trip generation was calculated using ITE Land Use Code 110 (Light Industrial). In addition to this, it was assumed that there would be approximately 210 truck trips per day, with approximately 10% of the truck traffic occurring during the peak hours. Table 2 shows the estimated daily and peak hour trip generation. The trip generation resulted in 450 daily trip ends, 39 morning peak hour trip ends, and 38 afternoon peak hour trip ends. Figure 5 shows the short range (2021) background peak hour traffic forecasts at the WCR271WCR8, WCR8IHaliburton West Access, and WCR8/Haliburton East Access intersections. Background traffic projections for the short range (2021) future horizon were obtained by increasing the traffic on WCR8 and WCR27 at a rate of two percent per year. In addition to this, site generated traffic from Phase 1 of the Fort Lupton Industrial Park was included in the short range (2021) background peak hour traffic forecasts. Using the traffic volumes in Figure 5, Table 3 shows the short range (2021) background morning and afternoon peak hour operation at the key intersections. The key intersections will operate at acceptable levels of service. Calculation forms for these analyses are provided in Appendix C. Truck trips will originate primarily from the south on US85. Therefore, the trip distribution for Brannan Sand & Gravel was assumed to/from the west. For the ingress trips, it was assumed that the route of choice would be to make a northbound right -turn at the US8S1/W►CR8 intersection. Since the US85/WCR8 intersection has stop sign control, egress trips would likely make a westbound left -turn at the WCaR27/WCR8 intersection to utilize the signal at the US8SIWCR0 intersection. Figure 6 shows the assignment of the peak hour site generated traffic. Figure 7 shows the short range (2021) total (site plus background) peak hour traffic. Table 4 shows the short range (2021) total morning and afternoon peak hour operation at the WCR271'WCR8, W R8/Haliburton West Access, W R81Haliburton East Access, and WCR8/Site Access intersections. The key intersections will operate at acceptable levels of service. Calculation forms for these analyses are provided in Appendix D. Figure 8 shows the short range (2021) geometry at the key intersections. The auxiliary lane analysis was conducted using the CDOT State Highway Access Code (SHACK). Since the majority of the vehicles accessing this site will be trucks, a passenger car equivalents (PCE) factor of 3 was used to calculate the passenger car — !___DELI H Brannan Sand & Gravel Traffic Impact Study, August 2016 -7/ [—ASSOCIATES equivalents for the determining the need for auxiliary lanes at the WCR8/Site Access intersection. The PCE's are shown in Figure 8 for the WCR8/Site Access intersection. Based on the SHAC, with a R -A category and a posted speed of 40 mph, a left -turn deceleration lane is required at an intersection with a projected peak hour ingress turning volume greater than 10 vph, a right -turn deceleration lane is required at an intersection with a projected peak hour ingress turning volume greater than 25 vph, a right -turn acceleration lane is required at an intersection with a projected peak egress turning volume greater than 50 vph when the posted speed is greater than 40 mph, and a left -turn acceleration lane is required if it would be a benefit to the safety and operation of the roadway. Based on the short range (2021) total peak hour traffic an eastbound right -turn deceleration lane is required at the WCR8/Bite Access intersection. It is concluded that the proposed Brannan Sand & Gravel development will generate minimal traffic. An eastbound right -turn deceleration lane is required at the WCR8/Site Access intersection. It is respectfully requested that no further traffic studies be required for the proposed Brannan Sand & Gravel development. Do not hesitate to contact me if you have questions or desire additional information. -��-DELICH � Af r= -ASSOCIATES Brannan Sand & Gravel Traffic Impact Study, August 2016 SCALE: 1 "= 000' SITE LOCATION Figure 1 -�� L-DELICH 7! ,-ASSOCIATES Brannan Sand & Gravel TIS, August 2016 N SCALE: 1"="600t ICI i4 I j I L d it I Ir 1a 5 4 ISM IE. 1 I T YARD OR LEASE SPACE (NOT PARTS __- 0 1 I =p1 ISI itt 11 I RAIL R0AP Opt RATIONS (NOT PART) II II II I ill 1I , i !I, 1„, t a, ArrrcTrn MrA se Ism 614 at: II I COUNTY ROAD RIGHT OF WAY FXISTING tNAN.IRF PIT STRIP AND STOCKPILE. t1 ?SY WILLI PRIMARY ACCESS ORM' ISrr NOW 10) PROCESS WATER RECYC<E POUR to I ACHE) STACKER AND OnihK \:PROCESSING LOWMAN MIME TO STABLE SIDE St ORE CtavEA14116#ECtS FLOW TO ;NEVI LUST INC; DRAINAGE DITCH I • I i et SITE PLAN --BIL-DELICH g -ASSOCIATES i COSCEPTUA1 (ELI, i A ?7 CO ac L.C1AD!hi3 POINT COMCL,1 UAL Ci;l1. IC 26 fee ig la—snikr1"4-- LOADP1G POINT Ei CONZ.LI' I UAL CELL. IV 26 93 At steal ST: rr I'Q l i.'NT LM.. FMMEKG NCY ACC) SS SCALE AND SCALE HOUSE BORROW Pc SOtIRCi ISLL NOTL 61 2'O 175 PULlON DITCH L1 J1EFFIMI. zer WATER SOURCE FOR OPERATION! Figure 2 Brannan Sand & Gravel TIS, August 2016 N- N 0 WCR8 NNikArt '41/4 - Denotes Lane EXISTING INTERSECTION GEOMETRY Figure 3 -171-DELfCH rASSOCIATES Brannan Sand & Gravel TIS, August 2016 N 0 WCRB r Q a) In 18/31 48/46 —Ms" 14/7 8/16 -as-- 26/41 15/62 r It 0 37/51-0-- 41/7 'II- 50/38 2/1 InCD cn 0 AM/PM 24/54 —sw- 17/6 + 47/35 2/0 cn 0 0< co cif) �w re RECENT PEAK HOUR TRAFFIC Figure 4 -ni-DELICH v rASSOC1ATES Brannan Sand & Gravel TIS, August 2016 Current TABLE Peak 1 Hour Operation Intersection Movement eeofAM Pull A A EB LTIT/RT A A 'V W B LT/T/RT CR2?/ll!' CRS A A (signal) NB LT/T/RT A A SB LT/TIRT OVERALL A A A A NB LT/RT WCRB/Haliburton West Access A A (stop sign) WB LT WCR8/Haliburton East Access NB LT/RT A A A A (stop sign) WB LT TABLE Trip Generation 2 Code Use Size AWDTE AM Peak Hour PM Peak Hour Rate Trips Rate In Rate Out Rate In . s Rate Out 110 Light Industrial Employees 0 3.02 30 0.37 4 0.07 1 0.09 1 0.33 3 N/A r Trucks N/A N/A 420 N/A 17 N1A 17 N/A 17 N/A 17 Total 450 --- 21 18 18 20 ELI H Brannan Sand & Gravel Traffic Impact Study, August 2016 rASS0C1ATES des N WCR8 to -de- 108/144 20/34 --1 59/52 --oft- 15/8 CSI 1 O 9/19 +- 30/49 17/72 Nit( a- nzt- 2 0) O `— Z C5 1/0 +- 55/42 2/1 A."— of a) Oz t AM/PM 28/60 �� 1716 SHORT RANGE (2021) BACKGROUND PEAK HOUR TRAFFIC - 53/39 r 2/0 rew T c cn o a) 0 as Ell Figure 5 afil-DELICH g -ASSOCIATES Brannan Sand & Gravel TIS, August 2016 Short Range (2021) TABLE Background 3 Peak Hour Operation Tmntectiof on Movement Service AM PM WCR27ANCRB signal A A E E LT/T/ RT A A W B LT/T/RT NB LT/T/RT A A A A B LT/T/RT OVERALL A i A WCR8/Haliburton (stop West sign) Access NB LT/T/RT A A A A SB LT/T/RT A A EB LT X11 B LT A A WCR8/Haliburton (stop sign) East Access A A NB LT/RT WB LT A A is-DELICH Brannan Sand & Gravel Traffic Impact Study, August 2016 -7 , 1 -ASSOCIATES N WCR$ (17/17) 3/1 0/1 1/2 (17/17) 0 (1 /17) 4/1 --DIP- ea) _--- 1/3 (17/17) — 1/3 (17/17) (17/17) 4/1 —+- (17/17) 4/1 -�— AM/PM (Trucks) O w t U W NOM NP1 re z r h- r Site Access SITE GENERATED PEAK HOUR TRAFFIC Figure 6 --1,1L-DELICH rASSOC1ATES Brannan Sand & Gravel TIS, August 2016 N WCR8 r -� 108/144 20/34 79/70 -*IP- 1518 C'] 9/19 4- 30/50 35/91 LO gczt- 2 r z 911 62/74 41/7 1/0 t 73/62 2/1 14] t re 2. to tv, } 49/78 -00P- 17/6 AM/PM SHORT RANGE (2021) TOTAL PEAK HOUR TRAFFIC 71/59 2/0 28/61 —row- 21 /18 + 55/39 "e--- NOM re RI 8 r z Figure 7 ��--DELICH v/ ASSOCIATES Brannan Sand & Gravel TIS, August 2016 TABLE 4 Short Range (2021) Total Peak Hour Operation intersection Movement Level of Service AM PM WCR (signal) 7/WCRB EB L T/T/ RT A A A A We LTIT /RT A A NB LT, T 'RT SB LT ITIRT A A OVERALL RA►LL A WCR8/Haliburton (stop sign) West Access A A NB LTIT/RT A A SB LTIT/RT EB LT A A WB LT A A lCR8/Haliburton (stop r- sign) East Access A A NB LT/RT WB LT A A W (stop R8IBite Access sign) A A, NB LT/RT WB LT/T A A —111D E LI cH Brannan Sand & Gravel Traffic Impact Study, August 2016 yr/ rASSO01ATES WCR8 aa"r- Site Access -�- - Denotes Lane (PCE) SHORT RANGE (2021) GEOMETRY Figure 8 -171DELICH rASSO01ATES Brannan Sand & Gravel TIS, August 2016 APPENDIX A w c LW E 0 LIJ co Eli _ < � J Cw.) 0 0 CN Cd 00 cm C0 0 c0 - J Qi W 0 J O6 U) I- 0 (.) C.0 Ui LL 0 c C Co De C rn I- 4 5 Date: 7127/2016 d gas t a. Jurisdiction: ca a) C a# as C WCR27/WCR8 C 6444, L CV 11 11 it CC w el' ohs /ate /r-- ncapis aoo ore V. = Total eastlwest c) Co) < CM 0•1 CO VIICi4 0) O V) I Westbound: WCRB To Q I-- ! r '— ! fX CN r c1) N tt r Cl) 6 N 00 lam- N b' J CO CO C CO CO tt 00 ce 46 C 0 CO C4 L1.1 CO 1%.- er, CO CO ' ctl 4-• le we i I ix CO N lam. • uZ to c Ell t— O, +, r r J N LC) I g (.0 [0 Total north/south M 'nt a C4 LC) C) Ln Cis C'i C itz#' in 'e Southbound: WCR27 +4 I-- 4O / s1 et CV Ca el .,,y oil elC Its IX C ) 4C3 r a CV r 0, t n N P'- N P- CV CO r: -. CV CV r cV .J O Ctrl N C ) r Northbound: WCR27 14 I S CO xtil CV CV SO 04 CI) Co4 e - 20 0 F r LL ' CV N- r CO CO d' EA a C) a a c0 0, ..j O C3 M Ca C3 C0 0 CU C to Lfl oe:c I a O LJ7 4 C0 0.63 I 0.72 'a C 4t } 'b• CO QC} 0 'e ' wooloism a CO C. are CO N 4— s— CD e r: ! 0 CO r C7 • O r- -- Cv} in CC} 0 qt-GQ 'i o`= Cr C act COC • C� 2 CL C4 C4 mit 4.0 f" r 151 1 lr w v. e- v- r CO 1O ° CO M get N- me mr �py� "tt f q Co `:I- t icr h.' 40 C0., lzi t- M1. (C} to r a a r {0 'z' r r r r 1 R N CO P- Ctrl co) r r c e) 00 0 r ic r c LS7 CO 0) 00 00 r 4i Rot le r qt-, r r CV 36 CV CO •-- N- r O r CO 0 a N CO CO Ctrl CO ilr 'e LC) O a CSI d` CO CO II in p CO a CO lam. C'r) 't 1N, "t 00 CV Cy a CV CO Q c -P 0 a N N- CO CV a St U) 't 0 4: I 4:45 0 Lii in 0 Li`1 Lii. Cr C4 al grog r 'MM/ were' a tip r !- C0 "t-' Q sass 4O S 0 014 CX:11 03 ('. Le) Q lammilmm COCO C mai CO CO TI"" O mcr 00. Tw O F 40 N' 0 00 r a C) N CO r 0 a W i 2 W O ni 044 JT tbol pW L i g CO O C LL.J 0 TABULAR SUMMARY OF VEHICLE COUNTS C) CC. 4i 5 O Jurisdiction: Fort Lupton �J83 C Nlikomenr burton West Access t ai VP IP r -I 11 C3 U, 4-0 tli C -_ , CO el (N Co)I CD iy ' la t ',Cr C1/44i 1 r . �' 1 0 < Aka _ in ) in r 41 30 24 LC)wit CV tV ,l CI 74 Z1 I— fen tti av - , _ CO JY C 2 isi n , Or) Cr 4 "1""'� _ I as O i v-- er- Od Co CV r C' r c r) {o Q N— r r i— U) 51, C 0 14 it N- Q) J Total north/south cV) A O C' e4 O O o a a a 0 a cz '6 F I IX 1 C 0 0 a Co 1 1 Northbound: West Access I M r a \ r1l rV r r / a - -1 0 i Ct I5 F- t. a a CNJ CJJ 0 0 iSi J ^.J iii 0 4 0 0 1 0 0 ua C • WI L!? a cr) u7 0 0 LC} r Qo Cr) r may` f".... Ni- el 0 O €v, r■ LC CO co L 0 na CO O4tt1 C co co Q C to Q N- re,Ct 4,4 w 5 ---- c P F- cc c' `c ors C? ---- C a Q--- C CO C30 in st eiS 1 PLC) , ; 1 a: in LL ciiicy t (Z r I*- CO ea WI M tin n WI Q' Nit LC) tV ' CV tV N- t`V i'+IF tie) r CII a I r'■ a�► r , m I t. re 1r- r r A _ On r r e- r r 0 0 0 0 0 r le Ile crii "re r irr r e O C%4 1F e r CO r r r r r I,,I. tell _ 24• C'4 C3 N v r= , O O O Co O 0 r - - 7 - Cosi 1 r IP" o C'r? a ter- '4Y r N- CO za j S 'Cm' r r r r of Co) 4 0 4f'} r Lt? en Wi !t !4 t t 0 C) c LO Ct C co 0.25 I o:zs ,,,..,e r co o IS 4. 1 r cts _ C Ct c enis O CO -: C I 1 d C G 1 0 - C 1 I -C1 CO 41 0 0 — C 69'0 I U, Lr# Wet EL co r tv,o 4G co • CO N J W > 0 D- r Ui U- 0 S S ce J co I- lett Observer. Vickie C Jurisdiction: Fort Lupton 40 5611 C) U) w 0 t i ct r t at ntersection: M CV M M irm 0 F le Total eastxwest 00 iV in ca ) 0 Cl I0) id- +N r li— Cd en oo en in i nt 0 1•- r +i = O .I CO r r r r r 1R7 0 J 2 Ca iii O O O Eastbound: WCR8 el 0 CO a, OD ( cC en MCI" CO CD "Cr cti i sit W oD V Total north/south CV 0 0 r r r Ca 0 0 0 0 0 H C � J INorthbound: East ►access a 1 0 CS T r r lol O c O CO J N a s r r r Time Begins U Q t. I • in vect O 0 I I In O M • • • •. r a i 00 Cn O e4 C 1, csa I CO we 40 - ist to O Ca R3 C ra C a C tan to O Cu -1� C 45.1 L . 0 � , 4 I fir? CV CAF ri � 'N I +�"" tV C"h4 C%1 fir) 04 21 C4 CV Co, r C4 II O) 40 6) Co co, £y 0 0 0 0 0 t- ' r7 CO a CVi el fir• ifilD r ► CZ r r 'e a tors M r 0 ' r r b^ I 11 r r r r r ba ell C*J en 0 iv- r O O I O O i0 r _ 0 4 - I O 0 0 0 r r I /� ! CV N 0 ,—. CC '• O M r 0 el O co C C d O Cu C ca CO C nra 10.75 10.38 Co i, M 1 V O Cu C C.3 C C Cc; Us i CL i APPENDIX B HCM 2010 Signalized Intersection Summary Recent AM 3: WCR8 WCR27 Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL Tir SBT SBR Lane Configurations Traffic Volume (veh/h) 18 48 14 15 26 8 3 64 24 5 98 14 Future Volume (veh/h) 18 48 14 15 26 8 3 64 24 5 98 14 Number 7 4 14 3 8 18 5 2 12 1 6 16 Initial Q (Qb), veh 0 0 0 0 0 0 0 0 0 0 0 0 Peed -Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1,00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1,00 1.00 Adj Sat Flow, veh/h/In 1900 1863 1900 1900 1863 1900 1900 1863 1900 1900 1863 1900 Adj Flow Rate, veh/h 21 55 2 17 30 1 3 74 19 6 113 11 Adj No. of Lanes 0 1 0 0 1 0 0 1 0 0 1 0 Peak Hour Factor 0.87 0.87 0.87 0.87 0.87 0.87 0.87 0.87 0.87 0.87 0.87 0.87 Percent Heavy Veh, °la 2 2 2 2 2 2 2 2 2 2 2 2 Cap, veh/h 293 154 6 325 136 4 197 362 91 204 417 39 Arrive On Green 0.13 0.13 0.13 0.13 0.13 0.13 0.26 0.26 0.26 0.26 0.26 0.26 Sat Flow, veh/h 463 1212 44 590 1070 35 26 1409 354 41 1623 154 Grp Volume(v), veh/h 78 0 0 48 0 0 96 0 0 130 0 0 Grp Sat Flow(s),veh/h/In 1719 0 0 1695 0 0 1788 0 0 1818 0 0 Q Serve(g_s), s 0.3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Cycle Q Clear(g_c), s 0.8 0.0 0.0 0.5 0.0 0.0 0.8 0.0 0.0 1.1 0.0 0.0 Prop In Lane 0.27 0.03 0.35 0.02 0.03 0.20 0.05 0.08 Lane Grp Cap(c), veh/h 453 0 0 465 0 0 650 0 0 660 0 0 V/C Ratio (X) 0.17 0.00 0.00 0.10 0.00 0.00 0.15 0.00 0.00 0,20 0.00 0.00 Avail Cap(c_a), veh/ln 1803 0 0 1767 0 0 2928 0 0 2971 0 0 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1,00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(1) 1.00 0.00 0.00 1.00 0.00 0.00 1.00 0.00 0.00 1.00 0.00 0.00 Uniform Delay (d), s/veh 7.8 0.0 0.0 7.6 0.0 0.0 5.7 0.0 0.0 5.8 0.0 0.0 Incr Delay (d2), sfveh 0.2 0.0 0.0 0.1 0.0 0.0 0.1 0.0 0.0 0.1 0.0 0.0 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(50%),veh/In 0.4 0.0 0.0 0.2 0.0 0.0 0.4 0.0 0.0 0.6 0.0 0.0 LnGrp Delay(d),s/veh 7.9 0.0 0.0 7.7 0.0 0.0 5.8 0.0 0.0 5.9 0.0 0.0 LnGrp LOS A A A A Approach Vol, veh/h Approach Delay, s/veh Approach LOS Timer Assigned Phs Phs Duration (G+Y+Rc), s Change Period (Y+Rc), s Max Green Setting (Gmax), s Max Q Clear Time (g`c+I 1), s Green Ext Time (p`o), s Intersection Summary HCM 2010 Ctrl Delay HCM 2010 LOS 8/2/2016 78 7.9 A 48 7.7 A 96 5.8 A 1 2 3 4 5 6 7 8 2 4 6 8 11.0 8.5 11.0 8.5 6.0 6.0 6.0 6.0 30.0 18.0 30.0 18.0 2.8 2.8 3.1 2.5 1.2 0.5 1.2 0.5 130 5,9 A 6.6 A Synchro 9 Light Report recent am.syn Timing Report,Sorted By Phase 3: WRB&WCR27 Phase Number Movement Lead/Lag Lead -Lag Optimize t�� 2 4 6 8 NBTL EBTL SBTL WBTL Recall Mode Min None Min None Maximum Split (s) 36 24 36 24 Maximum Split (%) 60.0% 40.0% 60.0% 40.0% Minimum Split (s) 24 24 24 24 Yellow Time (s) 4 4 4 4 All -Red Time (s) 2 2 2 2 Minimum Initial (s) 5 5 5 5 Vehicle Extension (s) 3 3 3 3 Minimum Gap (s) 3 3 3 3 Time Before Reduce (s) 0 0 0 0 Time To Reduce (s) 0 0 0 0 Walk Time (s) 7 7 7 7 Flash Dont Walk (s) 11 11 11 11 Dual Entry Yes Yes Yes Yes Inhibit Max Yes Yes Yes Yes Start Time (s) 0 36 0 36 End Time (s) 36 0 36 0 Yield/Force Off (s) 30 54 30 54 Yield/Force Off 170(s) 30 43 30 43 Local Start Time (s) 0 36 0 36 Local Yield (s) 30 54 30 54 Local Yield 170(s) 30 43 30 43 Intersection Summary Cycle Length Control Type Natural Cycle 60 Actuated -Uncoordinated 50 Splits and Phases: 3' VC R8 & VVCR27 ti 02 4 a - - �.� O _ t Recent AM 8/2/2016 Synchro 9 Light Report recent am.syn HCM 2010 Signalized Intersection Summary Recent PM 3: WCRS &' WCR27 Movement Lane Configurations Traffic Volume (veh/h) Future Volume (veh/h) Number Initial Q Pb), veh Ped-Bike Adj(A_pbT) Parking Bus, Adj Adj Sat Flow, veh/h/In Adj Flow Rate, veh/h Adj No. of Lanes Peak Hour Factor Percent Heavy Veh, °lo Cap, veh/h Arrive On Green Sat Flow, veh/h Grp Volume(v), veh/h Grp Sat Flow(s),veh/h/In Q Serve(g_s), s Cycle O Clear(g_c), s Prop In Lane Lane Gm Cap(c), veh/h V1C Ratio(X) Avail Cap(c_a), veh/h HCM Platoon Ratio Upstream Filter(l) Uniform Delay (d), s/veh lncr Delay (d2), slveh Initial Q Delay(d3),s/veh %i le BackOfQ(50%),vehlln LnGrp Delay(d),s/veh LnGrp LOS sslir EBL EBT EBR WBL WBT WBR NBI. 4+ 31 46 7 62 41 16 31 46 7 62 41 16 7 4 14 3 8 18 0 0 0 0 0 0 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1900 1863 1900 1900 1863 1900 34 50 1 67 45 6 0 1 0 0 1 0 0.92 0.92 0.92 0.92 0.92 0.92 2 2 2 2 2 2 308 178 3 381 105 13 0.16 0.16 0.16 0.16 0.16 0.16 556 1127 20 851 664 81 85 0 0 118 0 0 1702 0 0 1596 0 0 0.0 0.0 0.0 0.5 0.0 0.0 0.9 0.0 0.0 1.4 0.0 0.0 0.40 0.01 0.57 0.05 490 0 0 499 0 0 0.17 0.00 0.00 0.24 0.00 0.00 1503 0 0 1454 0 0 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.00 0.00 1.00 0.00 0.00 8.5 0.0 0.0 8.7 0.0 0.0 0.2 0.0 0.0 0.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.5 0.0 0.0 0.7 0.0 0.0 8.7 0.0 0.0 8.9 0.0 0.0 A A 14 14 5 0 1.00 1.00 1900 15 0 0.92 2 180 0.32 44 276 1819 0.0 2.8 0.05 743 0.37 2524 1.00 1.00 6.3 0.3 0.0 1A 6.6 A t NBT 224 224 2 0 1.00 1863 243 1 0.92 2 526 0.32 1657 0 0 0.0 0.0 0 0.00 0 1.00 0.00 0.0 0.0 0.0 0.0 0.0 NBR SBL 20 20 12 0 1.00 1.00 1900 18 0 0.92 2 38 0.32 119 0 0 0.0 0.0 0.07 0 0.00 0 1.00 0.00 0.0 0.0 0.0 0.0 0.0 6 6 1 0 1.00 1.00 1900 7 0 0.92 2 175 0.32 32 153 1831 0.0 1.4 0.05 746 0.21 2530 1.00 1.00 5.8 0.1 0.0 0.8 5.9 A i SBT SBR 4+ 130 130 6 0 1.00 1863 141 1 0.92 2 552 0.32 1739 r 6 6 16 0 1.00 1.00 1900 5 0 0.92 2 19 0,32 60 0 0 0 0 0.0 0.0 0.0 0.0 0.03 0 0 0.00 0.00 0 0 1.00 1.00 0.00 0.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Approach Vol, veh/h Approach Delay, s/veh Approach LOS Timer 85 8.7 A 118 8.9 A 276 6.6 A 1 2 3 4 5 6 7 8 153 5.9 A Assigned Phs Phs Duration (G+Y+Rc), s Change Period (Y+Rc), s Max Green Setting (Amax), s Max Q Clear Time (g_c+I1), s Green Ext Time (p_c), s Intersection Summary 2 '13.3 6.0 30.0 4.8 2.5 4 9.6 6.0 18.0 2.9 0.9 6 13.3 6.0 30.0 3.4 2.5 8 9.6 6.0 18.0 3.4 0.9 HCM 2010 Ctrl Delay HCM 2010 LOS 8/2/2016 7.1 A Synchro 9 Light Report recent pm.syn Timing Report, Sorted By Phase 3: WCR8 WCR27 Recent PM Phase Number 2 4 6 8 Movement NBTL EBTL SBTL WBTL Lead/Lag Lead -Lag Optimize Recall Mode Min None Min None Maximum Split (s) 36 24 36 24 Maximum Split (%) 60.0% 40.0% 60.0% 40.0% Minimum Split (s) 24 24 24 24 Yellow Time (s) 4 4 4 4 All -Red Time (s) 2 2 2 2 Minimum Initial (s) 5 5 5 5 Vehicle Extension (s) 3 3 3 3 Minimum Gap (s) 3 3 3 3 Time Before Reduce (s) 0 0 0 0 Time To Reduce (s) 0 0 0 0 Walk Time (s) 7 7 7 7 Flash Dont Walk (s) 11 11 11 11 Dual Entry Yes Yes Yes Yes Inhibit Max Yes Yes Yes Yes Start Time (s) 0 36 0 36 End Time (s) 36 0 36 0 Yield/Force Off (s) 30 54 30 54 Yield/Force Off 170(s) 30 43 30 43 Local Start Time (s) 0 36 0 36 Local Yield (s) 30 54 30 54 Local Yield 170(s) 30 43 30 43 Intersection Summary Cycle Length Control Type Natural Cycle 60 Actuated -Uncoordinated 50 Splits and Phases: 3: WCR8 & WCR27 8/2/2016 Synchro 9 Light Report recent pm.syn HCM 2010 TWSC Recent AM 6: Haliburton West Access & WCR8 intersection int Delay, s/veh 0.6 Movement EBT EBR WBL WBT NBL NBR Lane Configurations Traffic Vol, veh/h Future Vol, veh/h Conflicting Peds, #/hr Sign Control RT Channelized Storage Length Veh in Median Storage, # Grade, % Peak Hour Factor Heavy Vehicles, % Mvmt Flow at• r 1 t iii 37 41 2 50 3 4 37 41 2 50 3 4 0 0 0 0 0 0 Free Free Free Free Stop Stop - None - None - None - 150 200 - 0 0 - 0 85 85 85 85 2 2 2 2 44 48 2 59 0 0 85 85 2 2 4 5 Major/Minor Ma:or1 Major2 Minorl Conflicting Flow All Stage 1 Stage 2 Critical Hdwy Critical Hdwy Stg 1 Critical Hdwy Stg 2 Follow-up Hdwy Pot Cap -1 Maneuver Stage 1 Stage 2 Platoon blocked, % Mov Cap -1 Maneuver Mov Cap -2 Maneuver Stage 1 Stage 2 0 0 44 0 Aaoroach EB 4.12 2.218 1564 IOW 1564 108 44 44 - 64 - 6.42 6.22 5.42 5.42 3.518 3.318 889 1026 978 959 888 1026 888 978 958 WB NB HCM Control Delay, s 0 0.3 8.8 HCM LOS A Minor Lane/Ma:or Mvmt NBLn1 EBT EBR WBL WBT Capacity (veh/h) 962 - HCM Lane V/C Ratio 0.009 HCM Control Delay (s) 8.8 HCM Lane LOS A HCM 95th %tile Q(veh) 0 - 1564 - 0.002 - - 7.3 - - A - 0 8/2/2016 Synchro 9 Light Report recent am.syn Lanes and Geometrics Recent AM 6: Haliburton West Access & W RB Lane Group FBT NIF EBR WBL WBT fil NBL NBR Lane Configurations t r ¶ tete Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 Lane Width (ft) 12 12 12 12 12 12 Grade (%) 0% 0% 0% Storage Length (ft) 150 200 0 0 Storage Lanes 1 1 1 0 Taper Length (ft) 25 25 Lane Util. Factor 1.00 1.00 1.00 1.00 1.00 1.00 Red Bike Factor Frt 0.850 0.925 Flt Protected 0.950 0.978 Satd. Flow (prat) 1863 1583 1770 1863 1685 0 Flt Permitted 0.950 0.978 Satd. Flow (perm) 1863 1583 1770 1863 1685 0 Link Speed (mph) 30 35 30 Link Distance (ft) 1964 390 422 Travel Time (s) 44.6 7.6 9.6 Intersection Summary Area Type: Other 8/2/2016 Synchro 9 Light Report recent am.syn Drainage Narrative For Valley's Edge Resource Use by Special Review Section 20 T1N R66W AGPROfessionals DEVELOPERS OF AGRICULTURE AGPROfessionals 3050 67`h Avenue, Suite 200 Greeley, CO 80634 (970) 535-9318 8/26/2016 Valle 's Edge Resource USR. Table of Contents Table of Contents ii Certifications �.* Summary 3 Introduction L Location 4 2. Property Description �4 Historic Drainage .4 .. 1. Overall Basin Description M 2. Drainage Patterns Through Property 5 3. Off -site Drainage Flow Patterns Conclusions List of References .. Appendices Valley's Edge Resource USR Certifications I hereby certify that this report for the drainage narrative of the Valley's Edge Resource USR property was prepared under my direct supervision in accordance with the provisions of Urban Drainage and Flood Control District criteria andGeneral Drainage Connee . is for the owners thereof. 0 0 •• • • • tr teP bs e Go " seo.sesei° \'` iONAL Chad TeVelde, P.E. AGPROfessionals 3 8/26/2016 Drainage Narrative AGPROfessionals, 3050 6? Avenue, Suite 200, Greeley CO 80634 * 970-535-9318 * www.agpros.com age z o Valley's Edge Resource USR Summary The Valley's Edge Resource site is a parcel that was previously used as a feedlot. Valley's Edge Resource is proposing to mine and reclaim the construction materials at the site. The proposed development is exempt from storm pater detention per Article XII, Storm Drainage Criteria, Section 23-12-30 Drainage Policy. The site meets two of the conditions, stormwater draining to the gravel pit and the overall percent imperviousness of the site should not be altered. F'. Exceptions. 1. Exceptions to stormwater detention shall not jeopardize the public health, safety, and welfare ofpublic and private property and shall be limited to the following: a. Na stormwater detention will be required for sites that meet any o f the Jbllowing conditions. Requirements of the Municipal Separate Storm Sewer System (Ms4,) areas remain applicable. 6) Gravel pits i f the stormwater drains into the gravel pit. 8) Development of sites where the change of use does not increase the imperviousness of the site. 8;26:2016 Drainage Narrative Page 3 ot`6 AGPRofessionafs, 3050 67th Avenue, suite 200, Greeley Co 80634 * 970-535-9318 * www.agpros.com Valley's Edge Resource USR Introduction 1. Location The Valley's Edge Resource construction materials site is a 190 -acre parcel that was previously used as feedlot and pastureland. Valley's Edge Resource is proposing to mine and reclaim the construction materials at the site. The property is located in Section 20, Township 1 North, Range 66 West, of the 6th PNI. This site is located east of US Highway 85 and south of the town of Fort Lupton, Co. The properties surrounding the site are all agricultural farm land, commercial and industrial. The property is bordered on the west side by Weld County Road (WCR) 27, on the north by WCR 8, on the east by WCR 29 and on the south side by WCR 6. A vicinity map is shown in Appendix A. 2. Property Description The site currently consists of an uninhabited feedlot. Existing soil type and hydrologic soil class of the site are shown in the USDA Web Soil Survey Report in Appendix B. The majority of the soils are hydrologic soil classification A, which is a well -drained soil. Historic Drainage 1. Overall Basin Description The site has a relatively flat topography with slopes from 0 to 5% towards the west side of the property. A topographic map was downloaded from the Weld County Property Portal and is shown in Appendix C. Runoff from the west of the proposed site is intercepted by an irrigation ditch along the west side of WCR 27. The property located west of Parcel 3 flows to the northwest corner and should enter an existing irrigation ditch that directs flow into the existing infiltration pond. The Halliburton Fort Lupton Field Camp site is located to the north of the proposed mining site. The Drainage Report for the Halliburton site states that their onsite runoff is captured and infiltrates into the ground. The runoff from the Halliburton site is designed to not leave the site. Therefore, offsite runoff from the north should notbe a concern. Offsite runoff from the south should flow southwest, away from the site. Offsite runoff from the east is intercepted by the Fulton ditch. The proposed structures on the site are a scale house, scale, a portable lavatory, and a temporary construction trailer. The scale house, scale and portable construction trailer will be movable and should not affect the percent imperviousness of the site. Therefore, an increase in runoff is not expected. The proposed site is located within FEMA panel. 08123C 120E, which has not yet been printed. The FEMA flood plain map for the panel directly west of the project location is shown in Appendix D. The flood plain boundary for the South Platte River does not extend past Highway 85 to the east. Since there are no major bodies of water or rivers located within, or directly adjacent to the property, the proposed site should not be considered a high risk area for floods. 8/26/2016 orainage Narrative A PRofessionals., 3050 or Avenue, Suite 200, Greeley Co 80634 * 970-535-9318 * www.agpros.com Valley's Ed __ a Reso roe USR 2. Drainage Patterns Through Property The site is located in rural Weld County and is surrounded partially by undeveloped, agricultural land and partially by commercial and industrial land. A Master Plan for the site area is not currently available. The site is mostly west sloping and has a generally flat topography. Historically, the basin drainage flows towards natural low depressions and infiltrates into the ground. Existing irrigation ditches located on the site should intercept existing stormwater runoff and drain it towards the existing infiltration ponds. Stormwater will be diverted around the mine location in two perimeter trenches. tormwater within the active mining and reclamation areas will be directed to the pit floor, where it will infiltrate. Mining and reclamation activities should not change the overall imperviousness of the site or increase storrnwater flow or concentration. Information regarding previous drainage problems with the property has not been identified. 3. Offsite Drainage Flow Patterns Offsite runoff generally flows west. It is intercepted by the Fulton ditch along the east and WCR 27 on the west. The development to the north contains all runoff onsite and the property to the north flows away from the proposed site. Offsite to onsite runoff from the south does not flow onto the site, but some runoff from WCR 6 and railroad right of way runoff may build up and enter the existing irrigation ditch and be directed to the existing infiltration ponds. All storrnwater should ultimately flow to the South Platte River, Conclusions This drainage narrative is consistent with the Weld County Engineering and Construction Criteria and the UDFCD Criteria Manual. An increased risk of damage from storm runoff is not expected since the development plan for the site should not significantly change the existing conditions. We recommend that the site is exempt from storrnwater detention per Article XII, Storm Drainage Criteria, Section 23-12-30 Drainage Policy. k/26/2016 mnageNarrative AGPRofessionals, 3050 67`h Avenue, suite 200, Greeley Co 80634 x 970-535-9318 * www.affiros.com age Valley's Edge Resource USR List of References Federal Emergency Management Agency. "FEMA Flood Ma.p Service Center." FEMA Flood Map Service center. FEMA, 20 Jan. 2016. Web. 13 Jul. 2016. <l ttps://rnsc.fensa.gov/portal>. "Property Portal - Map Search." Property Portal - Map Search. Weld County, Web. 13 July 2016. <https://www.co.weld.co.usimapslipropertyportaPaect=P1779500>. United States Department of Agriculture - Natural Resources Conservation Service. "Web Soil Survey." Web Soil Survey. USDA - NRCS, 2006. Web. 13 Jul. 2016. <http://websoilsurvey.sc.e ov.usda.gov/ pplWeb oil urvey.aspx>. Urban Drainage and Flood Control District. "Urban Storm Drainage Criteria Manual Volume 1." USDCAt Volume I Management, e ent, Hydrology y and Hydraulics. UDFCD, Jan. 2016. Web. 13 Jul. 2016. <http://udfcd.org/volume-one>. Drainage Narrative Page 6 of 6 AGPROfessionals, 3050 67111 Avenue, Suite 200, Greeley CO 80634 * 970-535-9318 * wrww.awros.com Valley's Edge Resource USE. Appendices A. Vicinity Map B. USDA Web Soil Survey Report C. Topographic Map D. FEMA Flood Plain Maps Valley's Ed Resource USR APPENDIX A Vicinity Map • , THE VALLEY'S EDGE RESOURCE USE BY SPECIAL REVIEW USR #16-XXXX LOCATED IN SECTION 20, TOWNSHIP 1 NORTH, RANGE 66 WEST, 6Th PRINCIPAL MERIDIAN FORT LUPTON, WELD COUNTY, COLORADO COUNTY ROAD 8 I i U u PARCEL #1 PROJECT LOCATION r - co U' ed i r_ PARCEL #3 I 1 I I COUNTY ROAD COUNTY ROAD 29 1 DATE: 806/2016 THE VALLEY'S EDGE RESOURCE ■ fessionals DEVELOPERS OF AGRICULTURE VICINITY MAP 3050 67th Avenue, Suite 200, Greeley, 7 535-9318 fax: 9' ) 535-9854 CO 80634 SCALE: 1" = 1000' F . LUPTON, Valley's Edge Resource USR APPENDIX B USDA Web Soil Survey Report USDA United States Department of Agriculture RCS Natural Resources Conservation Service A product of the National Cooperative Soil Survey, a joint effort of the United States Department of Agriculture and other Federal agencies; State agencies including the Agricultural Experiment Stations, and local participants Custom Soil Resource Report for Weld County, Colorado, Southern Part July 13. 2016 Preface Soil surveys contain information that affects land use planning in survey areas. They highlight soil limitations that affect various land uses and provide information about the properties of the soils in the survey areas. Soil surveys are designed for many different users, including farmers, ranchers, foresters, agronomists, urban planners, community officials, engineers, developers, builders, and home buyers. Also, conservationists, teachers, students, and specialists in recreation, waste disposal, and pollution control can use the surveys to help them understand, protect, or enhance the environment. Various land use regulations of Federal, State, and local governments may impose special restrictions on land use or land treatment. Soil surveys identify soil properties that are used in making various land use or land treatment decisions. The information is intended to help the land users identify and reduce the effects of soil limitations on various land uses. The landowner or user is responsible for identifying and complying with existing laws and regulations. Although soil survey information can be used for general farm, local, and wider area planning, onsite investigation is needed to supplement this information in some cases. Examples include soil quality assessments (http://www.nres.usda.gov/wps/portal/ nres/main/soils/health)) and certain conservation and engineering applications. For more detailed information, contact your local USDA Service Center (http:// offices.sc.egov.usda.govllocator/app?agency=nres) or your NRCS State Soil Scientist (http://www.nres.usda.govlwpslportallnresldetaillsoils/contactus/ cid= nres142p2_053951). Great differences in soil properties can occur within short distances. Some soils are seasonally wet or subject to flooding. Some are too unstable to be used as a foundation for buildings or roads. Clayey or wet soils are poorly suited to use as septic tank absorption fields. A high water table makes a soil poorly suited to basements or underground installations. The National Cooperative Soil Survey is a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local agencies. The Natural Resources Conservation Service (NRCS) has leadership for the Federal part of the National Cooperative Soil Survey. Information about soils is updated periodically. Updated information is available through the NRCS Web Soil Survey, the site for official soil survey information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means 2 for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and. TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-0410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. 3 Contents Preface 2 How Soil Surveys Are Made 5 Soil Map 7 Soil Map 8 Legend 9 Map Unit Legend 10 Map Unit Descriptions 10 Weld County, Colorado, Southern Part 12 8 Ascalon loam, 0 to 1 percent slopes 12 47 Olney fine sandy loam, 1 to 3 percent slopes 13 57 Renohill clay loam, 3 to 9 percent slopes 14 72 Vona loamy sand, 0 to 3 percent slopes 15 73 Vona loamy sand, 3 to 5 percent slopes 16 75 --Vona sandy loam, 0 to 1 percent slopes 17 76 Vona sandy loam, 1 to 3 percent slopes 18 77 Vona sandy loam, 3 to 5 percent slopes 20 References 22 4 How Soil Surveys Are Made Soil surveys are made to provide information about the soils and miscellaneous areas in a specific area. They include a description of the soils and miscellaneous areas and their location on the landscape and tables that show soil properties and limitations affecting various uses. Soil scientists observed the steepness, length, and shape of the slopes; the general pattern of drainage; the kinds of crops and native plants; and the kinds of bedrock. They observed and described many soil profiles. A soil profile is the sequence of natural layers, or horizons, in a soil. The profile extends from the surface down into the unconsolidated material in which the soil formed or from the surface down to bedrock. The unconsolidated material is devoid of roots and other living organisms and has not been changed by other biological activity. Currently, soils are mapped according to the boundaries of major land resource areas (MLRAs). MLRAs are geographically associated land resource units that share common characteristics related to physiography, geology, climate, water resources, soils, biological resources, and land uses (USDA, 2006). Soil survey areas typically consist of parts of one or more MLRA. The soils and miscellaneous areas in a survey area occur in an orderly pattern that is related to the geology, landforms, relief, climate, and natural vegetation of the area. Each kind of soil and miscellaneous area is associated with a particular kind of landform or with a segment of the landform. By observing the soils and miscellaneous areas in the survey area and relating their position to specific segments of the landform, a soil scientist develops a concept, or model, of how they were formed. Thus, during mapping, this model enables the soil scientist to predict with a considerable degree of accuracy the kind of soil or miscellaneous area at a specific location on the landscape. Commonly, individual soils on the landscape merge into one another as their characteristics gradually► change. To construct an accurate soil map, however, soil scientists must determine the boundaries between the soils. They can observe only a limited number of soil profiles. Nevertheless, these observations, supplemented by an understanding of the soil -vegetation -landscape relationship, are sufficient to verify predictions of the kinds of soil in an area and to determine the boundaries. Soil scientists recorded the characteristics of the soil profiles that they► studied. They noted soil color, texture, size and shape of soil aggregates, kind and amount of rock fragments, distribution of plant roots, reaction, and other features that enable them to identify soils. After describing the soils in the survey area and determining their properties, the soil scientists assigned the soils to taxonomic classes (units). Taxonomic classes are concepts. Each taxonomic class has a set of soil characteristics with precisely defined limits. The classes are used as a basis for comparison to classify soils systematically. Soil taxonomy, the system of taxonomic classification used in the United States, is based mainly on the kind and character of soil properties and the arrangement of horizons within the profile. After the soil scientists classified and named the soils in the survey area, they compared the 5 Custom Soil Resource Report individual soils with similar soils in the same taxonomic class in other areas so that they could confirm data and assemble additional data based on experience and research. The objective of soil mapping is not to delineate pure map unit components; the objective is to separate the landscape into landforms or landform segments that have similar use and management requirements. Each map unit is defined by a unique combination of soil components and/or miscellaneous areas in predictable proportions. Some components may be highly contrasting to the other components of the map unit. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The delineation of such landforms and landform segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, onsite investigation is needed to define and locate the soils and miscellaneous areas. Soil scientists make many field observations in the process of producing a soil map. The frequency of observation is dependent upon several factors, including scale of mapping, intensity of mapping, design of map units, complexity of the landscape, and experience of the soil scientist. Observations are made to test and refine the soil - landscape model and predictions and to verify the classification of the soils at specific locations. Once the soil -landscape model is refined, a significantly smaller number of measurements of individual soil properties are made and recorded. These measurements may include field measurements, such as those for color, depth to bedrock, and texture, and laboratory measurements, such as those for content of sand, silt, clay, salt, and other components. Properties of each soil typically vary from one point to another across the landscape. Observations for map unit components are aggregated to develop ranges of characteristics for the components. The aggregated values are presented. Direct measurements do not exist for every property presented for every map unit component. Values for some properties are estimated from combinations of other properties. While a soil survey is in progress, samples of some of the soils in the area generally are collected for laboratory analyses and for engineering tests. Soil scientists interpret the data from these analyses and tests as well as the field -observed characteristics and the soil properties to determine the expected behavior of the soils under different uses. Interpretations for all of the soils are field tested through observation of the soils in different uses and under different levels of management. Some interpretations are modified to fit local conditions, and some new interpretations are developed to meet local needs. Data are assembled from other sources, such as research information, production records, and field experience of specialists. For example, data on crop yields under defined levels of management are assembled from farm records and from field or plot experiments on the same kinds of soil. Predictions about soil behavior are based not only on soil properties but also on such variables as climate and biological activity. Soil conditions are predictable over long periods of time, but they are not predictable from year to year. For example, soil scientists can predict with a fairly high degree of accuracy that a given soil will have a high water table within certain depths in most years, but they cannot predict that a high water table will always be at a specific level in the soil on a specific date. After soil scientists located and identified the significant natural bodies of soil in the survey area, they drew the boundaries of these bodies on aerial photographs and identified each as a specific map unit. Aerial photographs show trees, buildings, fields, roads, and rivers, all of which help in locating boundaries accurately. 6 Soil Map The soil map section includes the soil map for the defined area of interest, a list of soil map units on the map and extent of each map unit, and cartographic symbols displayed on the map. Also presented are various metadata about data used to produce the map, and a description of each soil map unit. 7 Resource Report. Custom Soi z 0 Li ■ 0 z a-ect 5 MAP LEGEND were mapped at 1:24,000. surveys that comprise your AO G) 0 X) 0 .C t a co -0 IE V n3 C ED 'a m L 0 V c0 +•* C�.= C{3 E O 2 C m E '45 Z3 co r w E 3 0) CU 101 7,5 2 co co cO Q C 0 CD -0 N E Ccs L AEU .c 121 3 C 0 is 'C} 0. N Very Stony Spot RV A U, C 0 rn a a a. 03 C° Co Sail Map Unit Lines O C Soil Map Unit Points Special Line Features Special Point Features Water Features a O 0 a) a0 c co C 5 co a ? d. tci e- 5 a 4.. 0 MI.I a. ? th 2 +-' ` -oia. w r v) O .c E 0as cu ° c a 0 E E aco R 5 — ;- 'C Qi � = v iU a t�� '�'� C) .C (C)c3 03 Q .a n w .C 12 'Q C.) 3 CD "' v) .0 d co t co C la E c�cu op 0 0 to € Z 0 E c C {1} ID Q) T,. 1•- t (3 c n a (,} W(15 cts to N O Cr O CV r Vy al aj �/} C oh- o f a r 2 C J t? C3. C U0 �! CIO a) O O �' 0) co 0 t ;C3 03 it CD a:1 4i a M a 0 d? 6:- E aQ C N .C 4) ea in a ea *To o Etw-_- _opv)a ct. o O 0 as a mu).o cu -, Q LI-2 FY_ .o 2 al Es V d? a. ell o '� LOU) O .C w` .�7 U) cu � Q) C .2 _ d' um ▪ u a .. Q? �.. + .� Qj CU C� 2 Co Cy 0) 4) CV 0 0 4E' 05 _il- 0 nib i Ct 13 45 N • C R5 co C] C .C C CO.:. —E EC��C �15 c ..75- csa 0 0 .3.) asr=c) -0Q ?+ N C ` acv ;Q sc 121 acn s a. 0 ` e. g C . Eli = ° as ® ° E t0 "i 0 of OE 093 E maseCL E U) O U H L Co C.} CO o 0 [ti! H U .E 46 Streams and Canals Transportation 3 U) re nterstate Highways O -D cc DC o O i 1 Closed Depression • Local Roads C 2 co ad 0 _ a. Q. }, Q of LL c > cti 05 (9 O eie Aerial Photography Marsh or swamp Mine or Quarry Miscellaneous Water O) C C 4, 0 Rock Outcrop et?„, -9- Severely Eroded Spot I a `0 t o I 0 V Custom Soil Resource Report Map Unit Legend Weld County, Colorado, Southern Part (OO618) Map Unit Symbol Map Unit Name Acres in AOl Percent of AOI 8 Ascalon slopes loam, 0 to 1 percent 52.8 25.6% 47 Olney fine sandy loam, percent slopes 1 to 3 37.2 18.1% 57 Renohill slopes clay loam, 3 to 9 percent 0.3 0.1% 72 Vona loamy► sand, 0 to 3 percent slopes 16.2 7.9% 73 Vona loamy sand, 3 to 5 percent slopes 30.9 15.0% 75 Vona slopes sandy loam, 0 to 1 percent 32..6 15.8% 76 Vona slopes sandy loam, 1 to 3 percent 35.3 17.1% 77 Vona sandy loam, slopes 3 to 5 percent 0.7 0.3% Totals for Area of Interest 205.8 100.0% Map Unit Descriptions The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions, along with the maps, can be used to determine the composition and properties of a unit. A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A► map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits for the properties of the soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently, every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils. Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different management. These are called contrasting, or dissimilar, components. They generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified 10 Custom Soil Resource Report by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components m.ay not have been observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate pure taxonomic classes but rather to separate the landscape into landforms or landform segments that have similar use and management requirements. The delineation of such segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, however, onsite investigation is needed to define and locate the soils and miscellaneous areas. An identifying symbol precedes the map unit name in the map unit descriptions. Each description includes general facts about the unit and gives important soil properties and qualities. Soils that have profiles that are almost alike make up a soil series. Except for differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement. Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly indicates a feature that affects use or management. For example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series. Some map units are made up of two or more major soils or miscellaneous areas. These map units are complexes, associations, or undifferentiated groups. A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps. The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha -Beta complex, 0 to 6 percent slopes, is an example. An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha - Beta association, 0 to 2 percent slopes, is an example. An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example. Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example. 11 Custom Soil Resource Report Weld County, Colorado, Southern Part 8 ---Ascalon loam, 0 to 1 percent slopes Map Unit Setting National map unit symbol: 2tlnq Elevation: 3,870 to 6,070 feet Mean annual precipitation: 13 to 16 inches Mean annual air temperature: 47 to 54 degrees F Frost -free period: 135 to 160 days Farmland classification: Prime farmland if irrigated Map Unit Composition Ascalon and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Ascalon Setting Landform: Terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Parent material: Wind -reworked alluvium and/or calcareous sandy eolian deposits Typical profile Ap - 0 to 6 inches: loam Btl - 6 to 12 inches: sandy clay loam Bt2 - 12 to 19 inches: sandy clay loam Bk - 19 to 35 inches: fine sandy loam C - 35 to 80 inches: fine sandy loam Properties and qualities Slope: 0 to 1 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Negligible Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.60 to 6.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 10 percent Salinity, maximum in profile: Nonsaline (0.1 to 1.9 mmhos/cm) Sodium adsorption ratio, maximum in profile: 1.0 Available water storage in profile: Moderate (about 8.0 inches) Interpretive groups Land capability classification 'irrigated): 3e Land capability classification (nonirrigated): 4c Hydrologic Soil Group: B Ecological site: Loamy Plains (R067BY002CO) 12 Custom Soil Resource Report Minor Components Olnest Percent of map unit: 10 percent Landform: Terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Ecological site: Sandy Plains (R067BY024CO) Nunn Percent of map unit 5 percent Landform: Terraces Landform position (three-dimensional): Tread Down -slope shape: Linear Across -slope shape: Linear Ecological site: Loamy Plains (R057BY002CC) 47 Olney fine sandy loam, 1 to 3 percent slopes Map Unit Setting National map unit symbol: 362 ► Elevation: 4,500 to 5,200 feet Mean annual precipitation: 11 to 15 inches Mean annual air temperature: 46 to 54 degrees F Frost -free period: 125 to 175 days Farmland classification: Prime farmland if irrigated and the product of I (soil erodibility) x C (climate factor) does not exceed 60 Map Unit Composition Olney and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Olney Setting Landform: Plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Mixed deposit outwash Typical profile H1 0 to 10 inches: fine sandy loam H2 - 10 to 20 inches: sandy clay loam H3 - 20 to 25 inches: sandy clay loam H4 - 25 to 60 inches: fine sandy loam Properties and qualities Slope: 1 to 3 percent 13 Custom Soil Resource Report Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Low Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.57 to 2.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of pondirig: None Calcium carbonate, maximum in profile: 15 percent Salinity, maximum in profile: Nonsaline to very slightly saline (0.0 to 2.0 mmhoslcm) Available water storage in profile: Moderate (about 7.0 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification Tnonirrigated): 4c Hydrologic Soil Group: B Ecological site: Sandy Plains (R067BY024CO) Minor Components Zigweid Percent of map unit 10 percent Vona Percent of map unit 5 percent 57 Renohill clay loam, 3 to 9 percent slopes Map Unit Setting National map unit symbol: 3636 Elevation: 4,850 to 5,200 feet Mean annual precipitation: 11 to 16 inches Mean annual air temperature: 46 to 48 degrees F Frost -free period: 100 to 160 days Farmland classification: Not prime farmland Map Unit Composition Renohill and similar soils: 85 percent Minor components: 13 percent Estimates are based on observations, descriptions, and transacts of the mapunit. Description of Renohill Setting Landform: Hills, ridges Down -slope shape: Linear Across -slope shape: Linear Parent material: Residuum weathered from shale Typical profile Hl - 0 to 9 inches: clay loam 14 Custom Soil Resource Report H2 - 9 to 32 inches: clay loam H3 - 32 to 36 inches: unweathered bedrock Properties and qualities Slope: 3 to 9 percent Depth to restrictive feature: 20 to 40 inches to paralithic bedrock Natural drainage class: Well drained Runoff class: Medium Capacity of the most limiting layer to transmit water (►Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 5 percent Available water storage in profile: Low (about 5.6 inches) Interpretive groups Land capability classification (irrigated): 4e Land capability classification (nonirrigated): 4e Hydrologic Soil Group: D Ecological site: Clayey Plains (R067BY042CO) Minor Components Shingle Percent of map unit: 8 percent Ulm Percent of map unit: 5 percent 72 Vona loamy sand, 0 to 3 percent slopes Map Unit Setting National map unit symbol: 363r Elevation: 4,600 to 5,200 feet Mean annual precipitation: 13 to 15 inches Mean annual air temperature: 48 to 55 degrees F Frost -free period: 130 to 160 days Farmland classification: Farmland of local importance Map Unit Composition Vona and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Vona Setting Landform: Terraces, plains Down -slope shape: Linear Across -slope shape: Linear 15 Custom Soil Resource Report Parent material: Alluvium and/or eolian deposits Typical profile H - 0 to 6 inches: loamy sand H2 - 6 to 28 inches: fine sandy loam H3 - 28 to 60 inches: sandy loam Properties and qualities Slope: 0 to 3 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: very low Capacity of the most limiting layer to transmit water (Ksat): High (1.98 to 6.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 15 percent Salinity, maximum in profile: Nonsaline to slightly saline (0.0 to 4.0 mmhos/cm) Available water storage in profile: Moderate (about 6.5 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4e Hydrologic Soil Group: A Ecological site: Sandy Plains (R067BY024CO) Minor Components Remmit Percent of map unit: 10 percent Valent Percent of map unit: 5 percent 73 Vona loamy sand, 3 to 5 percent slopes Map Unit Setting National map unit symbol: 363s Elevation: 4,600 to 5,200 feet Mean annual precipitation: 13 to 15 inches Mean annual air temperature: 48 to 55 degrees F Frost -free period: 130 to 160 days Farmland classification: Not prime farmland Map Unit Composition Vona and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Custom Soil Resource Report Description of Vona Setting Landform: Terraces, plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Alluvium and/or eolian deposits Typical profile H9 - 0 to 6 inches: loamy sand H2 - 6 to 28 inches: fine sandy loam H3 - 28 to 60 inches: sandy loam Properties and qualities Slope: 3 to 5 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): High (1.98 to 6.00 inthr) r) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 15 percent Salinity, maximum in profile: Nonsaline to slightly saline (0.0 to 4.0 mmhos/cm) Available water storage in profile: Moderate (about 6.5 inches) Interpretive groups Land capability classification (irrigated) 3e Land capability classification (nonirrigated): 4e Hydrologic Soil Group: A Ecological site: Sandy Plains (R067BY024CO) Minor Components Remmit Percent of map unit 8 percent Valent Percent of map unit: 7 percent 75 Vona sandy loam, 0 to 1 percent slopes Map Unit Setting National map unit symbol: 363v Elevation: 4,650 to 4,950 feet Mean annual precipitation: 13 to 15 inches Mean annual air temperature: 48 to 55 degrees F Frost -free period: 130 to 160 days Farmland classification: Farmland of statewide importance Custom Soil Resource Report Map Unit Composition Vona and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transects of the mapunit. Description of Vona Setting Landform: Terraces Down -slope shape: Linear Across -slope shape: Linear Parent material: Alluvium Typical profile Hal - 0 to 6 inches: sandy loam H2 - 6 to 28 inches: fine sandy loam H3 - 28 to 60 inches: sandy loam Properties and qualities Slope: 0 to 1 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): High (1.98 to 6.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 15 percent Salinity, maximum in profile: Nonsaline to slightly saline (0.0 to 4.0 mmhos/cm) Available water storage in profile: Moderate (about 6.8 inches) Interpretive groups Land capability classification (irrigated): 3e Hydrologic Soil Group: A Ecological site: Sandy Plains (RO67BYO24CO) Minor Components Remmit Percent of map unit: Olney Percent of map unit: 11 percent 4 percent 76 Vona sandy loam, 1 to 3 percent slopes Map Unit Setting National map unit symbol: 363w Elevation: 4,600 to 5,200 feet Mean annual precipitation: 13 to 15 inches Mean annual air temperature: 48 to 55 degrees F 18 Custom Soil Resource Report Frost -free period: 130 to 160 days Farmland classification: Farmland of statewide importance Map Unit Composition Vona and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transacts of the mapunit Description of Vona Setting Landform: Terraces, plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Alluvium and/or eolian deposits Typical profile H1 - 0 to 6 inches: sandy loam H2 - 6 to 28 inches: fine sandy loam H3 - 28 to 60 inches: sandy loam Properties and qualities Slope: 1 to 3 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: V e ry low Capacity of the most limiting layer to transmit water (Ksat) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 15 percent Salinity, maximum in profile: Nonsaline to slightly saline (0.0 to 4.0 mmhos/cm) Available water storage in profile: Moderate (about 6.8 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (nonirrigated): 4e Hydrologic Soil Group: A Ecological site: Sandy Plains (R067BY024CO) Minor Components Remmit Percent of map unit: Olney Percent of map unit: Julesburg Percent of map unit: 9 percent 3 percent 3 percent High (1.98 to 6.00 inlhr) Custom Soil Resource Report 77 Vona sandy loam, 3 to 5 percent slopes Map Unit Setting National map unit symbol: 363x Elevation: 4,600 to 5,200 feet Mean annual precipitation: 13 to 15 inches Mean annual air temperature: 48 to 55 degrees F Frost -free period: 130 to 160 days Farmland classification: Not prime farmland Map Unit Composition Vona and similar soils: 85 percent Minor components: 15 percent Estimates are based on observations, descriptions, and transacts of the mapunit. Description of Vona Setting Landform: Plains Down -slope shape: Linear Across -slope shape: Linear Parent material: Eolian deposits Typical profile Hi - 0 to 6 inches: sandy loam H2 - 6 to 28 inches: fine sandy loam H3 - 28 to 60 inches: sandy loam Properties and qualities Slope: 3 to 5 percent Depth to restrictive feature: More than 80 inches Natural drainage class: Well drained Runoff class: Very low Capacity of the most limiting layer to transmit water (Ksat): High (1.98 to 6.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum in profile: 15 percent Salinity, maximum in profile: Nonsaline to slightly saline (0.0 to 4.0 mmhoslcm) Available water storage in profile: Moderate (about 6.8 inches) Interpretive groups Land capability classification (irrigated): 3e Land capability classification (non irrigated): 4e Hydrologic Soil Group: A Ecological site: Sandy Plains (R067BY024CO) Custom Soil Resource Report Minor Components Remmit Percent of map unit: 7 percent Olney ►Percent of map unit: 5 percent Otero Percent of map unit: 3 percent References American Association of State Highway and Transportation Officials (AASHTO). 2004. Standard specifications for transportation materials and methods of sampling and testing. 24th edition. American Society for Testing and Materials (ASTM). 2005. Standard classification of soils for engineering purposes. ASTM Standard D2487-00. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of wetlands and deep -water habitats of the United States. U.S. Fish and Wildlife Service FWS/OBS-79/31. Federal Register. July 13, 1994. Changes in hydric soils of the United States. Federal Register. September 18, 2002. Hydric soils of the United States. Hurt, C.W., and L.M. Vasilas, editors. Version 0.0, 2006. Field indicators of hydric soils in the United States. National Research Council. 1995. Wetlands: Characteristics and boundaries. Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service. U.S. Department of Agriculture Handbook 18. http://www.nrcs.usda.goviwpsiportalinrcsi detail/national/soils/?cid=nres142p2_054262 Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for making and interpreting soil surveys. 2nd edition. Natural Resources Conservation Service, U.S. Department of Agriculture Handbook 436. http://www.nres.usda.gov/wps/portal/ nres/detail/national/soils/?cid=arcs 142p2_05577 Soil Survey Staff. 2010. Keys to soil taxonomy. 11th edition. I.J.S. Department of Agriculture, Natural Resources Conservation Service. http://www.nres.usda.gov/wps/ portal/nres/detail/national/soils/?cid=n res142p2_053580 Tiner, R.W., Jr. 1985. Wetlands of Delaware. U.S. Fish and Wildlife Service and Delaware Department of Natural Resources and Environmental Control, Wetlands Section. United States Army Corps of Engineers, Environmental Laboratory. 1987. Corps of Engineers wetlands delineation manual. Waterways Experiment Station Technical Report Y-87-1. United States Department of Agriculture, Natural Resources Conservation Service. National forestry manual. http:I/www.nres.usda.gov/wps/portal/nres/detail/soils/ home/?cid=n res142p2_053374 United States Department of Agriculture, Natural Resources Conservation Service. National range and pasture handbook. http://www.nres.usda.gov/wps/portal/nres/ detail/national/landuse/rangepasture/?cid=stelprdbl 043084 22 Custom Soil Resource Report United States Department of Agriculture, Natural Resources Conservation Service. National soil survey handbook, title 430 -VI. http://www.nres.usda.gov/wps/portal/ nresldetailisoils/scientists/?cid=nres142p2054242 United States Department of Agriculture, Natural Resources Conservation Service. 2006. Land resource regions and major land resource areas of the United States, the Caribbean, and the Pacific Basin. U.S. Department of Agriculture Handbook 296. http:/1www. nres. usda.gov/wps/portal/nres/detaillnationalisoils/? cid=n res 142 p2_053624 United States Department of Agriculture, Soil Conservation Service. 1961. Land capability classification. U.S. Department of Agriculture Handbook 210. http:// www.nres.usda.gov/Internet/FSE_DOCUMENTS/nres142p2_052290.pdf 23 Valley's Edge Resource USR APPENDIX C Topographic Map 3 rci CD /• 03 LA i N. trim I'D 1J•9 h r+ • ai C▪ ug c O tt ✓ 4 R 3 r 0) Ca c- u - c cu o 12. rt • ICI CT cD 03 n, ;B Si C1 "CI - ur ST • ▪ -,r▪ , fa fig 0 141 Y r "W' f Naft<te t A t n l'1 _ is V VL+1 \ 4...' i Wean tT"di I\\)(k tt C:} 4.-4*t rlWM iaat ♦ As. O It 0 ref Mepunog Aj noo I I a I r CD 2 TJ CD _Cu m. aCou 0 co 0) Valley's Edge Resource LfSR APPENDIX D FEMA Flood. 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