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HomeMy WebLinkAbout1.0 ApplicationAPPLICATION FOR GARFIELD COUNTY SPECIAL USE PERMIT Grand River Park Project Garfield County, Colorado Prepared for: Silt Sand & Gravel LLC 0304 Highway 133 Carbondale, CO 81623 (970) 963-9424 Prepared by: Banks and Gesso, LLC 720 Kipling St., Suite 117 Lakewood, CO. 80215 (303) 274-4277 September 29, 2006 Banks and Gesso, LLC Table of Contents Page 1.0 Application Form and Fees 1 2.0 Introduction 2 3.0 Site Narrative 4 4.0 Water Statement 9 5.0 Site Plan Maps 11 6.0 Vicinity Map 12 7.0 Surface and Mineral Rights Ownership 13 8.0 Deed and Legal Description 14 9.0 Authorization Letter 15 10.0 Statement of Consistency with Garfield County Zoning Regulations 16 Appendix: A — Colorado Division of Reclamation, Mining and Safety* Reclamation Permit Application (Narrative and Graphic Exhibits - as revised 8/24/06) B — Substitute Water Supply Plan Application C — Traffic Impact Study by Felsberg, Holt & Ullevig D — Floodplain Study and Floodplain Development Permit Application E — Wildlife and Habitat Assessment F — Mitigation and Reclamation Plan *Formerly Division of Minerals and Geology Grand River Park Project 05021 Silt Sand & Gravel LLC September 29, 2006 Banks and Gesso, LLC 1.0 Application Form and Fees The Garfield County Special Use Permit application form can be found on the following pages. Also submitted with this application package is a check for the base fee of $400. Grand River Park Project 05021 Silt Sand & Gravef LLC 1 September 29, 2006 GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-countv.com Special Use Permit GENERAL INFORMATION (To be completed by (he applicant ) ➢ Street Address / General Location of Property: 6533 County Road 346_ Silt. CO 81652 A Legal Description: SW 1/4 west 10 acres of the W 1/2 of the S 1/2 of the SE 1/4 part_ of the NW 1/4 of the SE 1/4 of Section 9, Township 6 South, Range 92 West, 6th P.M. A Existing Use & Size of Property in acres: Rangeland; 168.85 acres A Description of Special Use Requested: Proposed sand and gravel mine. Excavation stockpiling, processing of construction aggregate material including manufacture of concrete and/or asphalt. ➢ Zone District: Al ➢ Name of Property Owner pglicant Silt Sand & Gravel LLC Attn: Bill Roberts A Address: 0304 Highway 133 Telephone: 970-963-2296 A City: Carbondale State: CO Zip Code: 81623 FAX: 970-963-2412 A Name of Owner's Representative, if any (Attorney, Planner_etc): Paul Gesso, Banks and Gesso, LLC (consultant) A Address: 720 Kipling St. Ste 117 Telephone: 30-274-4277 A City: Lakewood State: CO Zlp Code: 80215 FAX: 303-274-8329 _ STAFF USE ONLY ➢ Doc. No.: Date Submitted: TC Date: A Planner: _ Hearing Date: I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (i.e. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use, and provisions for electric power service and any other proposed utility improvements. Be specific. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. 3. Submit a site plan /map drawn to scale that portrays the boundaries of the subject property, all existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing all mineral rights owners of the subject property and public and private landowners adjacent to your property (which should be delineated). In additional, submit a list of all property owners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. 6. Submit a copy of the deed and a legal description of the subject property. 7. if you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf, 8. Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; 9. Depending on the type of Special Use Permit requested, you may need to respond to additional review • standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility line/Utility Substations, etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http://www.oarfield-county.com/building and plan ning/index.htm, or information can be obtained from this office 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment' form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) 1, Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed special use and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof, at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request, Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval, this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which is correct and accurate to tt a best of my knowledge. (Signature of applicant/owner) Last Revised: 11/07/2002 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and SILT SAND & GRAVEL LLC, WILLIAM M. ROBERTS (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for GRMIII RIVER PAF( PROJECT (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Signature Date: Lpt / 11 II ji "7, /(e) Jt F't Print Name Mailing Address: C_5C y 1414 14 / 0 tincc,J L t Ir (r 10/2004 Page 4 �. e /NC Banks and Gesso, LLC 2.0 Introduction Silt Sand & Gravel LLC is submitting this application for a Special Use Permit to operate a sand and gravel mine to be called the Grand River Park Project. Silt Sand & Gravel LLC seeks to permit 168.85 acres. Of that permit area, approximately 110 acres will be mined for construction materials. Gypsum Ranch Co., LLC is the owner of the property that is to be included in the permitted area. Silt Sand & Gravel LLC has a lease agreement with Gypsum Ranch Co., LLC to mine on the property, we well as a surface use agreement with Antero Resources to mine in the vicinity of oil and gas equipment.. The current land use at the Grand River Park Project site is rangeland. Historically, the site was used for pasture and some hay production. Due to economic and practical conditions, the site proved difficult to maintain as a viable ranch or farm. The Grand River Park Project would be mined in phases, progressing generally from the east to the west of the site. The operation would involve dewatering to expose and dry out aggregate materials, on-site sorting and processing, and asphalt and/or concrete manufacturing as appropriate to market conditions and subject to other applicable environmental permitting. Presently, the applicant has installed three monitoring wells on the site to determine baseline ground water levels to provide a basis for determining potential ground water impacts on the property. The applicant proposes to reclaim the land in a manner that will be suitable for hunting, fishing, passive enjoyment of wildlife, and other potential recreational uses. Accordingly, the applicant will reclaim the land in accordance with Mined Land Reclamation bond standards. Concurrent reclamation techniques will be used to make previously mined areas suitable for post -mining use as soon as possible while mining activities progress westerly across the site. Installation of additional recreational infrastructure and detailed planning are not an operator responsibility and will occur following release from applicable land use and reclamation permits. There are two ditches that run across the site, the Last Chance Ditch and the Rising Sun Ditch. There are also overhead power lines running adjacent to and through the property boundaries, and an underground phone line running along the western edge of the property. As part of application for a reclamation permit from the Division of Reclamation, Mining and Safety Grand River Park Project 05021 Silt Sand & Gravel LLC 2 September 29, 2006 Banks and Gesso, LLC (DRMS), structure agreements have been or will be obtained from structure owners prior to mining within 200 feet of these structures. Grand River Park Project 05021 Sift Sand & Gravel LLC 3 September 29, 2006 3.0 Site Narrative Banks and Gesso, LLC 1. Structure and Processing Equipment to be Located On Site For the duration of mining, the applicant will convert the existing residence located on the property into an office for site employees. A parking area and truck scale will be located next to the site office, which will be located at the entrance to the site. A processing plant and standard mining equipment will be located on site, which may include conveyor belts, screens, crushers, excavators, backhoes, loaders, and haul trucks. 2. Operating Schedule and Maximum Number of Employees Aggregate extraction and processing activities will operate year-round between the hours of 6 a.m. and 8 p.m., Monday through Saturday. Concrete and asphalt production will cease during the winter months, typically December through March. There will be approximately 10 employees or less, excluding truck drivers, on-site at any given time. 3. Wet or Dry Pit The site will be fully or partially dewatered (via the use of pumps) and dry mined. A sump area will be created in the north part of the Phase 1R Mining Area to clarify water associated with dewatering activities. Clarified water will, in part, be used for recharge of wetlands on the site as well as other consumptive uses on the site. County Roads Utilized County Road 346 will be utilized for access to and from the site. Haul trucks will leave the site at an existing access point on the east end of the permit boundary during Phases 1 and 2. During Phase 3, the previous entrance will be closed and a new entrance will be utilized at the southwest corner of the site, as shown on the Site Plan Map. Proposed haul routes are as follows: South -346 to 315 346 to 331 346 to 311 (Mamm Cr.) (Dry Hollow) (Divide Cr.) Grand River Park Project 05021 Silt Sand & Gravel LLC 4 September 29, 2006 East - 346 to 311 to: River Frontage 1-70 EB USH 6 (Silt — New Castle) North - 346 to 311 to: USH 6 231 Road (First St.) 235 Road (Davis Point) 1-70 (North of Rifle) West - 346 to Mamm Creek 346 to 311 to: USH 6 1-70 WB Banks and Gesso, LLC It is estimated that 60% of trucks leaving the site will follow the haul route going east. Additional information regarding vehicular use is found in the Traffic Impact Study appended to this report. 5. Mining Details The site will be mined in Phases (see Phasing Table in 47 below). Disturbance of mining areas will begin with topsoil removal and placement of topsoil as screening berms. Mining of the site will generally progress from east to west. The site will be mined to an approximate depth of 25 feet, using excavators, backhoes, loaders and haul trucks. The applicant estimates excavation of material will be 500,000 tons per year, but this number may fluctuate depending on market conditions; a faster recovery of the reserve would reduce the life of the mine proportionally. Excavated material will be processed at the on-site plant facilities, The location of the processing plant will move as mining progresses with the primary crusher located in the active pit and the major plant facilities subject to location in two phases. Once mining has reached the final phase, the processing plant will be moved off-site to allow for recovery of sand and gravel in ail areas of the reserve. Please see Exhibit D — Mining Plan of the DRMS Grand River Park Project 05021 Silt Sand & Gravel LLC 5 September 29, 2006 Banks and Gesso, LLC Application (referenced in Appendix A and included under separate cover) for more detail. 6. Size of Area and Stages to be Worked at Any One Time The total area to be mined is 110.16 acres (out of 168.85 acres). The applicant commits to riot disturbing more than 60 acres at any one time The largest of the areas to be mined (Phase 3A — see table below) consists of 39.5 acres. Backfilling and reseeding within each phase will happen concurrently with mining as much as possible. Timetable for Various Stages of Operation Please refer to the attached DRMS Mining Plan Map for a graphic depiction of the following phasing plan. Phase Mined Acreage Years to mine* 1A 1.72 acres 0.10 1B 26.42 acres 2.50 2 16.86 acres 1.75 3A 39.50 acres 4.00 3B(1)** 1536 acres 1.75 38(2)** 10.30 acres 1.00 TOTAL 110.16 acres S j , 1 *Subject to market conditions '" Phase 3B includes (1) area to be mined and processed on-site and (2) area to be mined and pit run hauled after processing equipment is removed 8. Depth and Thickness of Materials to be Removed Mining areas of sand and gravel will be approximately 25 feet in depth. Topsoil to be removed ranges widely throughout the site, from almost none in some places to depths of 48 inches in others. Topsoil will be stockpiled, to serve as screening berms within the permit boundary and stockpiles will be vegetated with a cover crop (see attached DRMS Exhibit C-2) if to remain in place for more than growing season. There is no significant overburden within permit area. 9. Proposed Reclaimed Use and Explanation of Reclamation Process The site will be reclaimed to standards suitable to passive recreational use, including five groundwater lakes. Reclamation will consist of establishment of contours, re -spreading and any amendment of plant growth medium, seeding and planting, as well as Grand River Park Project 05021 Silt Sand & Gravel LLC 6 September 29, 2006 Banks and Gesso, LLC establishment. Reclaimed slopes will range from 2H:1V to 5H:1V or shallower, according to Colorado Mined Land Reclamation Board Construction Materials Rule 3.1.5(7) (see Reclamation Plan Map for reclaimed contours) and other objectives, such as aspirational standards identified by the Colorado Division of Wildlife, The applicant has solicited input and worked diligently with experts and regulators to achieve a reclamation plan that will specifically optimize wildlife benefits. At least 4 inches of topsoil will be re -spread on disturbed areas. Please see Exhibits E & F (Reclamation Plan) of the DRMS Application for more detail. 10. Vehicle type and access schedule Haul trucks will access the site throughout each working day. Approximately 175 round trips will occur each working day. Employee vehicles will add up to 10 round trips per working day. Additional detail regarding traffic is found in the attached Traffic Impact Study. 11. Wildlife Impacts A review of the Wildlife Habitat Profile Map, Garfield County, Colorado, indicates the subject site is suitable habitat for mammals and other significant species. However, the degraded condition of the forage base, the proximity of human activity, and other influences limit the value of the site for wildlife in its current condition. Please see the attached Habitat Assessment for additional detail. In general, the mining operation will have no extraordinary effect on wildlife during the proposed operation. Site disturbance will be limited and mitigated by design to areas in the immediate vicinity of sand and gravel extraction and processing. Following reclamation, the site will be suitable for wildlife uses similar to the pre -mining condition. Please see the attached Mitigation and Reclamation Plan report for discussion of extensive planning to ensure wildlife benefits in the reclamation plan. 12. Screening Plan Topsoil will be stockpiled as berms in strategic locations around the site to screen adjacent properties. Peripheral tree cover, distance, and mine topography also Grand River Park Project 05021 Silt Sand & Gravel LLC 7 September 29, 2006 Banks and Gesso, LLC contribute to screening. Visual impacts in the subject valley floor location will generally be below the horizon line. 13. Electricity Electricity needed on-site for operation of plant facilities and dewatering pumps will be provided by portable diesel generators. However, with electric service currently available at the site, it is anticipated that line service will be routed to both the plant facilities and pumps. Initial feasibility has been conducted to verify that line service may be appropriately extended. 14. Dust Control Blowing of dust off-site will be controlled by water spraying of disturbed areas and material stockpiles, and revegetation of screening berms to minimize erosion and material blowing off-site. 15. Sound Screening Noise impacts to surrounding properties will be mitigated by topsoil screening berrns located between mining areas and surrounding properties. 16. Lighting Impacts The operator proposes have one portable light plant on site, to be used as necessary for equipment maintenance. For routine operations during the late fall and other times of year when lighting may be required, lighting will be limited to lights mounted on equipment and on structures according to building code. Grand River Park Project 05021 Silt Sand & Gravel LLC 8 September 29, 2006 4.0 Water Statement Banks and Gesso, LLC Overview The Grand River Park Project is an alluvial deposit located within the floodplain of the Colorado River. Based on initial water level measurements, monitoring wells and test pits at the proposed reclamation permit site show an approximate average groundwater elevation 5 feet below the land surface across the site. By its nature, recovery of the alluvial deposit may have effects on surface and subsurface water systems. Based on standard practices, no adverse quantitative or qualitative effects to surface waters are expected to result from the proposed Grand River Park Project. Groundwater effects will be mitigated to prevent adverse impacts. Water Requirements Water demand at the proposed construction materials operation will be generated by (a) worker demands for potable water, (b) dust control, (c) revegetation establishment, (d) process water (e.g., aggregate washing), and (e) augmentation or temporary substitute supplies for depleted waters subject to appropriation. Annual water demands on the site are estimated at: Potable and sanitary uses (10 employees on site per day) Dust control and irrigation water Process water Augmentation water Total annual water demand 0.1 acre-feet 10 acre-feet 22.1 acre-feet 15 acre-feet 47.2 acre-feet Potable and sanitary water needs will be supplied by water trucked onto the site from vendors. Any consumable water required to fill other demands above will be adequately supplied by operator interests, including commitments and options through the lessor land owner, in irrigation supplies in the Last Chance Ditch or Rising Sun Ditch. The landowner has submitted an application for water rights and plan for augmentation with the Water Court of Colorado Water Division No. 5. An application for a Gravel Pit well permit and approval of a substitute water supply plan has also been submitted to the Colorado State Grand River Park Project 05021 Silt Sand & Gravel LLC 9 September 29, 2006 Banks and Gesso, LLC Engineer's Office (see Appendix B). The pending approval of the gravel well and Substitute Water Supply Plan will ensure the adequacy of water supplies for the proposed use. Grand River Park Project 05021 Silt Sand & Gravel LLC 10 September 29, 2006 Banks and Gesso, LLC 5.0 Site Plan Maps The following current site maps are included with the attached state mining application: Pre -Mining Plan Map (Exhibit C-1) Mining Plan Map (Exhibit C-2) Reclamation Plan Map (Exhibit F) Grand River Park Project 05021 Silt Sand & Gravel LLC 11 September 29, 2006 Banks and Gesso, LLC 6.0 Vicinity Map See following page. 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'' :-•. , C.1*.:1,..."7:::.:1.: .h. 1 ',........ ..' - - - . . - ., "" $2 - •.--- : - -7 '' • , • - I -'` : . • - VICINITY • PREPARED BY: ElE BANKS AND 6ESSO,LLC. 720 MN& ST, SUITE 117 LAKEWOOD, COLORADO 60215 (303} 274-4277 .109 140 DATE APPLICANT: PROJECT: SILT SAND & GRAVEL L.L.C. 0304 HIGHWAY 133 CARBONDALE, CO 01623 (970) 963-2296 SCALE DRAWN BY GRAND RIVER PARK PROJECT 6ARFIELD COUNTY SPECIAL USE PERMIT APPLICATION 6533 COV417 ROAD 346, SII.T, CO 91652 bENGIsEt APPROVAL REV SHEET 05021 9/29/06 1":2CCO DRF Banks and Gesso, LLC 7.0 Surface and Mineral Rights Ownership Property ownership of the subject property and adjacent property are shown on the following map. Property ownership is from Garfield County Assessor Maps 2179 and 2179-0191. Also included on the map are mineral rights owners on the subject property. A list of property owners within 200 feet of the site and their addresses can be found below: Name Address City, State, Zip Town of Silt 231 North 7th Street P.O. Box 70 Silt, CO 81652 Cory B. Nielson & Jong OK 3843 County Road 241 New Castle, CO 81647 H.D. & Leslie Marie Kancilia 6301 County Road 346 Silt, CO 81652 Valley Farms, Inc. 6060 North Central Expressway Dallas, TX 75206 State of Colorado Division of Wildlife & Wildlife Commission 6060 Broadway Denver, CO 80216 Gary L. & Joan H. Erpestad 1088 County Road 313 New Castle, CO 81647 Kimberly J. Barta 6689 County Road 346 Silt, CO 81652 Patrick L. & Toni M. Shuster 301 Road 130 Glenwood Springs, CO 81601 State of Colorado 6060 Broadway Denver, CO 80216 Barry C. Shideler 1411 County Road 316 Silt, CO 81652-9647 Dennis F. & Julie M. Davidson 6632 County Road 346 Silt, CO 81652-9673 Grand River Park Project 05021 Silt Sand & Gravel LLC 13 September 29, 2006 GRAPHIC SCALE 0 390 600 (IN FEET) 1 inch = 600 ft. 1(P _.J \1 4 11 41 14 4 1 11 II 11 11 II II li SURFACE AND MINERAL RIGHTS OWNERSHIP MAP CD ADJACENT PROPERTY OWNERS TOWN Of SILT 230 NORM 7T14 ST- P.O. BOX 70 SILT, CO 81652 PARCEL NO. 2379-091-00-027 VALLEY FARM. INC. 3141 HOOD ST. LEE PARK CENTER, SUITE 600 DALLAS, TX 75219-50U3 PARCEL. N0.2179 -1I4-00.114 KIMBERLY J. BARTA 6689 COUNTY 8OAD 346 SILT. CO 81652 PARC,. N0.2179-094-00-106 DENNIS F. 8 JULIE Al DAVIDSON 6632 COUNTY ROAD 346 SILT, CO 81652-9673 PARCEL NO. 2179-161-02-003 PATRICK L & TONI M. SHUSTER 301 ROAD 130 GLENWOOD SPRINGS, CO 81601 PARCEL NO. 2179-162-00-117 H.D. 8 LESLIE MARIE KANC1L3A 6301 COUNTY ROAD 346 SILT, CO 81652 PARCEL NO. 2179-09340-328 BARRY C.SHIDELER l4fl COUNTY ROAD 316 SILT, CO 81652-9647 PARCEL NO. 2179-061-03-527 CDOT PROPERTY MANAGEMENT 15285 5. GOLDEN RD. BLDG. 47 GOLDEN, CO 60401 GARY L 4 JOAN 1. ERPESTAD 1088 COUNTY ROAD 313 NEW CASTLE, CO81647 PARCEL NO. 2179-161-02-007 NOTES: 1. PROPERLY OWNERSHIP INFORMAIWN TAKEN FROM GARFIEj D COUNTY ASSESSOR MAPS FOR THE SUBJECT AREA. 2. ALL SURFACE AND MIN*IRAL RTGHTS 08113-1E SUBJECT PROPERTY ARE OWNED BY GYPSUM RANCH 00. LLC. LEGEND SECTION LINE PROPERTY L ADJACENT PROPERTY LINE PAVED ROAD UNPAVED ROAD PST BOUNDARY PREPARED BY: BANKS AND GESSO, LLC. 720 KIPLING ST., SUITE 117 LAKEWOOD. COLORADO 80215 (303) 274-4277 209140 05021 DATE 9/29/06 APPLICANT NAME: SILT SAND & GRAVEL L.L.G. 0304 HIGHWAY 133 CARBONDALE, CO 81623 (970) 379-1779 SCALE 1"=600' DRAWN BY LRF PROJECT: GRAND RIVER PARK PROJECT SPECIAL USE PERMIT APPLICATION &AAFIal COUNTY COLORADO DESIGNED BY APPROVAL REV SHEET -41.43 rr tot-!tli Iuryprp II Banks and Gesso, LLC 8.0 Deed and Legal Description Deed: See attached Warranty Deed showing Gypsum Ranch Co., LLC as owner of the subject property. Legal description: The Grand River Park Project site is described as the W 1/2 of the SW 1/4, NW 1/4 of the NE 1/4 of the SW 1/4, SE 1/4 of the SW %4, S'/2 of the NE 1/4 of the SW 1/4, NE %4 of the NE 1/4 of the SW 1/4, the West 10 acres of the W '/2 of the S 1/2 of the SE '/ and part of the NW 1/4 of the SE 1/4 of Section 9, Township 6 South, Range 92 West, 61h P.M., Garfield County, Colorado. The proposed entrance to the site is located on Garfield County Road 346 at 39°32'03.63" North latitude and 107°40'17.04" West longitude. Grand River Park Project 05021 Silt Sand & Gravel LLC 14 September 29, 2006 F; 1 111111111111111111 1111 1111II1 .111111111111111111111 681779 09/07/2005 03:25P 91724 P424 !1 ALSDORF 1 of 3 R 16.00 D 222.00 GRRFIELD COUNTY CO WARRANTY DEED Grantor, Donald 1. Hangs, whose legal address is 6533 County Road 346, Silt, County of Garfield and State of Colorado, for the consideration of Ten Dollars (S10.00), in hand paid, hereby sells and conveys to Gypsum Ranch Co., LLC, a Colorado limited liability company, whose legal address is 818 Colorado Avenue, Glenwood Springs, Colorado 81601, County of Garfield and State of Colorado, the following real property in the County of Garfield and State of Colorado, to wit: Parcels of land in Section 9, Township 6 South, Range 92 West, e P.M. as more particularly described on Exhibit A, attached hereto and incorporated herein by this reference, EXCEPT a parcel of land conveyed to the Donald J. Hangs Charitable Remainder Unitrust dated May 9, 2002, by Quit Claim Deed recorded in Book 1488 at page 3 of the office of the Clerk and Recorder, Garfield County, Colorado. also known by street and number as: 6533 County Road 346, Silt, Colorado 81652 assessor's schedule or parcel number: Schedule 23428 Parcel 217909300327, Schedule 23347 Parcel 217909300106, Schedule 23346 Parcel 217909200105 and Schedule 023348 Parcel 217909200104 with all its appurtenances, and warrant(s) the title to the same, subject to 2005 real property taxes and assessments due and payable in 2006, and all subsequent taxes and assessments, and the matters set forth Exhibit B attached hereto and incorporated herein by this reference to the extent that such matters apply to the property conveyed hereby. Signed this i" day of `e , 2005. STATE OF COLORADO SS. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this lt:" " day of Donald J. Hangs. Witness my hand and official seal, My commission expires: [EVA ?OOF NOTARY '.:BL1D STATE OF COLORADO 14„ r.nmmission Expires 0912712005 titeivi4xt, 2005, by RETURN To; Edward Mulhall, Jr. Balcomb & Green, P.C. 818 Colorado Avenue Glenwood Springs, CO 81601 11111! 111111111!111111111111 III: :1E111 11111 11111111 681779 09/07/2005 03:25P 81724 P425 M ALSDORF 2 of 3 R 16.00 D 222.00 GRRFIELD COUNTY CO EXHIBIT A w Warranty Deed Donald I. Hangs, Grantor Gypsum Ranch Co., LLC, Grantee PARCEL, No. 1 T. S.. R. 9; W., 6* P.M. Section 9: Lot 3, W1/25W'/4, and NW1/4N8'/SW1/4; EXCEPT that part conveyed to the Colorado Department of Highways for Highway Interstate 70 in special warranty deed recorded Jan. 31, 1974 in Book 454 at Page 440, Clerk aad Recorder's Office, Garfield County, Colorado, ars corrected, namely: A tract of land Parcel No. 501 of the State Department of Highways, Division of Highways, State of Colorado, Project No. 170.1(12) Sec. 5 containing 18.452 acres, more or leis, in the NW'/.5W'/., Lot 3 and the NW'hSE'/.SW1/. of Section 9, T. 6 5., R. 92 W., 6* P.M.,in Garfield County, Colorado, said tract or parcel being more particularly described as follows: Beginning at a point on the west line of See. 9, from which the SW corner of Sec. 9 bear. S. 0°26'30' E., a distance of 1,470.5 feet; 1. Thence N. 56°00' 1?, a distance of 2,099.6 feet to the north Linc of the NW'/,NE'/.SW'/ of Sec. 9; 2. Thence S. 89°1610" W., along said north line, a distance of 427.8 feet to the S1 corner of Lot 3; 3, Thence N. 0°3010" W., along acid Lot line, a distance 0(198.2 feet; 4. Thence 5.75°18' W. a distance of 227,0 feet; 5. Thence S. 56°00' W. a distance of 1,3220 feet to the west line of Sec. 9; 6. Thence 5.0°26'30" E., along said section line, a distance of 570.0 feet, more or less, to the point of beginning. PARCa. No. 2 '1.6 S.. R. 92 W.. 6'h P.M. Section 9; Lot 4, 5E%SW /i, S'//NE'/4SW'/., and NE1/4NE'/4S W'/ , EXCEPT that part conveyed to the Colorado Department of Highways for Highway Interstate 70 in special warranty deed recorded Feb. 6, 1974 in Book 455 at Page 10, Clerk and Recorder's Office, Garfield County, Colorado, and EXCEPT that part conveyed to Bobby L Bradley and Mary Lee Bradley in warranty deed recorded Nov. 28, 3990 in Book 560 at Page 957, Clerk and Recorder's Office, Garfield County, Colorado,. PARCEL No. 3 T. 6 S.. R. 92 W., 6'" FR, Section 9: The West 10 acres of the W'S% SE'/.; All that part of Lot 5 and that part of NW/45E'/, lying Southerly of the Colorado River and Westerly of a line fence constructed and in place, which fence runs North and South through said Lot 5 and said N W/iSE'/., said line (cote being more fully described as follows. Beginning ata point on the South lint of said NW'/4SE1/4 whence the Witness Corner to the Southeast Corner of said Section 9 bean S. 51°04' l . a distance of 2144.3 feet; thence North along said line fence parallel to the East lint of said Section 9 to the Southerly bank of the Colorado River EXHIBIT B - Exceptions 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of thc United States, as reserved in United States Patent recorded January 4, 1892 in Book 12 at Page 96 and in patent recorded April 9, 1895 in Book 12 at Page 359. 10. Right of the proprietor of a veln or lode to extract and remove Ms are therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded March 21, 1903 in Book 56 at Page 474 and in patent recorded June 14, 1944 in Bonk 73 at Page 224. 11. Reservation of an undivided 1/4th interest in all oil, gas and minerals as described in deed recorded December 1, 1948 in Book 239 at Page 461 and any interest therein or assignments thereof. 12. Reservation of one-half of all mineral rights including oil and gas as described in Administrators Deed recorded August 18. 1958 in Book 311 at Page 49 and any interests therein or assignments thereof, 13. Perpetual easement 125 feet in width for the construction, operation and maintenance of an electric transmission line as granted to the United States of America in instrument recorded September 12, 1962 in Book 344 al Page 118. 14. Perpetual easement 30 feet in width for the construction, operation and maintenance of a road as granted to the United States of America in instrument recorded April 16, 1968 in Book 393 at Page 425 and in deed recorded February 12, 1969 in Book 399 at Page 350. 15. Each and every right of access to Interstate 70 as conveyed to the State Department of Highways in deed recorded January 31, 1974 in • Book 454 at Page 428. 16. Easement for an irrigation ditch as conveyed to the State Department of Highways in instrument recorded January 31, 1974 in Book 454 at Page 442. 17. Each and every right of access to Interstate 70 as described in deed recorded February 6, 1974 in Book 455 at Page 12. 18 Permanent easement granted to the State Department of Highways for an irrigation ditch as described in instrument recorded February 6, 1974 in Book 455 at Page 14. 19. Teens and conditions of Oil and Gas Lease by and between Donald J. Hangs, as Lessor and Williams Production RMT Company, as Lessee, recorded June 27, 2002 in Book 1365 at Page 523 and any and all interests therein or assignments thereof, 20. Easement and right of way for any existing irrigation ditches, laterals, canals or pipelines. 21. Any question as to the exact size or location of the West 10 acres of the WI/2S1 /2SE1 /4 of Section 9, (Continued) 22. Any question, dispute or adverse claims as to any loss or gain as a result of any change In the river bed location by other than natural causes, or alteration through accretion, reliction, erosion or avulsion of the center thread, bank, channel or flow of waters in Colorado River Tying within subject land; and any questions as to the location of such center thread, bed, bank or channel es a legal description monument or marker for purposes of describing or locating subject lands. 23. Any and all rights, interests or easements in favor of riparian owners, the State of Colorado, the United States of America or the general public, which exist, have existed or are claimed to exist in and over the waters and present and past bed and banks of thc Colorado River. 1 IH111 1 1111 I 111111 11111 11111 1111 111111 111 11111 011 881779 09/07/2005 03:25P B1724 P426 M ALSDORF 3 of 3 R 16.00 D 222.00 GARFIELD COUNTY CO 111111111111111111111111 1111111111 L..21111I1I1 (1111111 581780 09/07/2006 03127P E1724 P427 h RLSDORF 1 of 4 R 21.00 0 78,00 GARFIELD COUNTY CO WARRANTY DEED Grantor, Donald 1. Hangs, Trustee under the Donald J. Hangs Charitable Remainder Unitrust, dated May 9, 2002, as evidenced by that Affidavit of Trust and Statement of Authority recorded July 1, 2003, as Reception No. 630794 in Book 1488 at Page 2 of the Office of the Clerk and Recorder, Garfield County, Colorado, whose legal address is 6533 County Road 346, Silt, County of Garfield and State of Colorado, for the consideration of Ten Dollars (110.00), in hand paid, hereby sells and conveys to Gypsum Ranch Co., LLC, a Colorado limited liability company, whose legal address is 818 Colorado Avenue, Glenwood Springs, Colorado 81601, County of Garfield and State of Colorado, the following real property in the County of Garfield and State of Colorado, to wit: A parcel of land in Section 9, Township 6 South, Range 92 West, 6th P.M. and mare particularly described on the attached Exhibit A, which is incorporated into this Deed and made a part of it by reference. also known by street and number as: 6533 County Road 346, Silt, Colorado 81652 with all its appurtenances, and warrants) the title to the same, subject to 2005 real property taxes and assessments due and payable in 2006, and all subsequent taxes and assessments, and the matters set forth on Exhibit E attached hereto and incorporated herein by this reference to the extent that such matters apply to the property conveyed hereby. Signed this Y _ day of St.p4rt',;, I , 2005. STATE OF COLORADO Ss. COUNTY OF GARFIELD 4—(114 DaQ4J. ]aan the onald J. Hangs B. S Charitable Remainder Unitrust dated May 9, 2002 The foregoing instrument was acknowledged before me this kJ: day of uk;n5itf, 2005, by Donald 5, Hangs, Trustee under the Donald J. Hangs Charitable Remainder Unitrusi dated May'), 2002. Witness my hand and official seal. My commission expires: DEIN`" ROOF NOTARY 71'BLIC STATE OF COLORADO rnmmision Expires 09127/2046 Notary Public RETURN To: Edward Mulhall, Jr. Salcomb & Green, P.C. 618 Colorado Avenue Glenwood Springs, CO 81601 7 ,o �J/Iii • 1111111IIIII11111111111(1111I111'11111111111IlliIIII 681780 09/07/2005 03:27P 81724 P428 11 ALSDORF 2 of 4 R 21.00 D 78.00 GARFIELD COUNTY CO Exhibit A All bearings and metes and bounds are taken from that certain survey entitled Hangs Boundary Survey prepared by Q.E.D. Surveying Systems, Inc. and dated February 4, 2003. I. A parcel of land situated in Section 9, Township 6 South, Range 92 West, 61h Principal Meridian, Garfield County, State of Colorado being described as follows: commencing at the SW corner Section 9, T6S, R92W, 6th P.M. and considering the south line of Section 9, T6S, R92W, 6th P.M. to bear S89"49'47"W and all bearings contained herein to be relative thereto; thence N00'45'54"W 40.00 feet along the West line of Section 9 to the North right-of-way line for County Road 346; thence N00'45'54"W 1155.14 feet along the West line of Section 9; thence N00'45'54"W 128,59 feet along the West line of Section 9 to the NW comer of the SW'/ SW% Section 9; thence N00°45'54"W 155.27 feet along the West line of Section 9 to the intersection with the Southeasterly right-of-way line for Interstate 70; thence N56'00'00"E 2625.69 feet along the Southeasterly right-of-way line for Interstate70 to the POINT OF BEGINNING; thence N56'00'00"E 418.30 feet along the Southeasterly right-of-way line for Interstate 70 to the centerline of the Colorado River; thence S48'36'51 "E 145.85 feet along the centerline of the Colorado River; thence S75°47'28"E 516.50 feet along the centerline of the Colorado River; thence S38'47'43"E 742.18 feet along an existing fence and the projection thereof; thence S00'29'17"E 598.71 feet along an existing fence; thence S89'34'28"W 971.46 feet to the intersection with the West line of the NW'V, SE'/4 Section 9; thence N00°43'47"W 231.50 feet along the West line of the NW'/ SE%, Section 9; thence S89'34'28"W 440.46 feet; 11111111111111111111111111111111111111111111101111 881780 09/07/2083 03:27P B1724 P429 N ALSDORF 3 of 4 R 21.00 D 78.00 GARFIELD COUNTY CO thence N00°44119"W 945.52 feet; to the POINT OF BEGINNING, containing 35.01 acres as described. II. A parcel of land situated in Section 9, Township 6 South, Range 92 West, 6th Principal Meridian, Garfield County, State of Colorado, being described as follows: commencing at the same POINT OF BEGINNING as in the immediately preceding described parcel I; thence S00'44'19"E 945.52 feet; thence S89'34'28"W 877.66 feet; thence N00'44'51 "W along the East line of the NW% SW% of Section 9 to the intersection of the Southeasterly right-of-way line for Interstate 70; thence N56'00'00".E along the Southeasterly right-of-way line for Interstate 70 to the POINT OF BEGINNING. A parcel of land situated in Section 9, Township 6 South, Range 92 West, 6`h Principal Meridian, Garfield County, State of Colorado, being described as follows: commencing at the Northwest comer of Lot 3 of Section 9; thence N00'45'54"W 348.61 feet to the centerline of the Colorado River; thence N87°30'47"E 983.44 feet along the centerline of the Colorado River; thence 555'42'06"E along the centerline of the Colorado River to a point which intersects the line dividing Lot 3 from Lot 4 of Section 9, to the POINT OF BEGINNING; thence S00'44'51 "E along said line to a point on that line which intersects the Northwesterly right-of-way line for Interstate 70; thence N56'00'00"E 1113.14 feet to the centerline of the Colorado River; thence N48'36'51 "W 282.86 feet; thence N55°42`06"W along the centerline of the Colorado River to the POINT OF BEGINNING. EXHIBIT B - Exceptions 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded January 4, 1892 in Book 12 at Page 96 and in patent recorded April 9, 1895 in Book 12 at Page 359. 10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United Stats, u rt awed in United States Patent recorded March 21, 1903 in Book 56 at Page 474 and in patent recorded June 14, 1944 In Book 73 at Page 224. 11. Reservation of an undivided 1/4th interest in all oil, gas and minerals as described in deed recorded December 1, 1948 in Book 239 et Page 461 and any Interest therein or assignments thereof 12 Reservation of one•half of all mineral rights including oil and gas as described in Administrators Deed recorded August 18, 1958 in Book 311 at Page 49 and any interests therein or assignments thereof. 13. Perpetual casement 125 feet in width for the construction, operation and maintenance of an electric transmission line as granted to the United States of America in Instrument recorded September 12, 1962 in Book 344 at Page 118. 14. Perpetual easement 30 feet in width for the construction, operation and maintenance of a road as granted to the United States of America in instrument recorded April 16, 1968 in Book 393 at Page 425 and In deed recorded February 12, 1969 in Book 399 at Page 350. 15. Each and every right of access to Interstate 70 as conveyed to the State Department of Highways in deed recorded January 31, [974 in Book 454 at Page 428, 16. Easement for an irrigation ditch as conveyed to the State Department of Highways in instrument recorded January 31, 1974 in Book 454 at Page 442. 17. Each and every right of access to Interstate 70 as described in deed recorded February 6, 1974 in Book 455 at Page 12. 18. Permanent casement granted to the State Department of Highways for an irrigation ditch as described in instrument recorded February 6, 1974 in Book 455 at Page 14. 19. Terms and conditions of 011 and Gas Lease by and between Donald J, hangs, as Lessor and Williams Production RMT Company, as Lessee. recorded June 27, 2002 in Book 1365 at Pagc 523 and any and all interests therein or assignments thereof. 2D. Easement and right of way for any existing irrigation ditches, laterals, canals or pipelines. 21. Any question as to the exact size or location of the West 10 Beres of the WI/2S 12SE1/4 of Section 9. (Continued) 22. Any question, dispute or adverse claims as to any loss or gain as a result of any change in the river bed location by other than natural causes, or alteration through accretion, reiiction, erosion or avulsion of the center thread, bank, channel or flow of waters in Colorado River lying within subject land; and artyquestions as to the Location of such center thread, bed, bank or channel as a legal description monument or marker for purposes of describing or locating subject lands. 23. Any and all rights, interests or easements in favor of riparian owners, the State of Colorado, the United States of America or the general public, which exist, have existed or are claimed to exist in and over the waters and present and past bed and banks of the Colorado River. 1111111 ii1111111111 rn ul 11ii11i111 II If III UE11111111111 681780 09/07/2003 03:27P 81724 P430 M ALSDORF 4 of 4 R 21.00 D 78.00 GRRFIELD COUNTY C0 • f II El 11111 1111111 11111 11111 Ll 11111 111 11111 1111 1111 681781 09/07/2005 03 29P 81724 P431 M ALSDORF 1 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO QUIT CLAIM DEED Grantors, Donald J. Hangs, Individually, and as Trustee under the Donald J. Hangs Charitable Remainder Unitrust, dated May 9, 2002, as evidenced by that Affidavit of Trust and Statement of Authority dated July 1, 2003, as Reception No. 630794 in Book 1488 et Page 2 of the Office of the Clerk and Recorder, Garfield County, Colorado, whose legal address is 6533 County Road 346, Silt, Colorado 81652, County of Garfield and State of Colorado, for the consideration of Ten Dollars (S10,00), in hand paid, hereby sell and convey to Gypsum Ranch Co., LLC, a Colorado limited liability company, whose legal address is 818 Colorado Avenue, Glenwood Springs, Colorado 81601, County of Garfield and State of Colorado, the following real property in the County of Garfield and State of Colorado, to wit: All water, water rights, ditch and ditch rights appurtenant to the real property described on Exhibit A attached hereto and incorporated herein by thls reference, including but not necessarily limited to the following: all appurtenant water, water rights, ditch and ditch rights, including but not limited to 4.94 cubic feet of water per second of time of the waters adjudicated to the Rising Sun Ditch, including the original adjudication and the First Enlargement, adjudicated in 1988, and the Second Enlargement, adjudicated in 1965, which have priority numbers 16,24 and 226,respectively, with appropriation dates ofDecember 5, 1883, December 1, (886 and April 15, 1953, respectively. with all its appurtenances. Signed this t Ste' day of 1,pkv1.11)P.1 STATE OF COLORADO ss. COUNTY OF GARFIELD , 2005. yA i]CD/�j� .rpt 1 ri 7. Tian s, Individ 11y _....' 1 Do : Id an. tee +er the bona ' Charitable Remainder Un st dated May 9, 2002 The foregoing instrument was acknowledged before me this L y, day of W4C11L i' , 2005, by Donald J. Hangs, Individually, and as Trustee under the Donald I. Hangs Charitable Remainder Unitrust dated May 9, 2002. Witness my hand and official seal. My commission expires: DEN iAROOF NOTARY '" l.'BLIC STATE OF COLORADO P�nrtrfirriis,s,DP Expires 09/2712005 Notary Public J RETURN Tot Edward Mulhall, Jr. Balcgmb,& Green, P.C. 1.// 818 Colorado Avenue /0 Glenwood Springs, CO 131601 a re �— O N moo sxlowalinasi a mitlaj logo m�Kry 5 swami r4 ASG �wNp lrirara o _\H SWIM MOO tY co �t a to �..�IGN EXHIBIT A to Warranty Deed lDonald). Hangs, Grantor Gypsum Ranch Co., LLC, Grantee I'AILC.Y1.N(1 1'. 6 S., 11. 92 W. S' P.M. Section 9: Lot 3, W'hSW'A, and N W'A N l'.'/ S W'i ; EXCEPT that put conveyed in the Colorado Department of Highways for Highway interstate 70 in spcdal warranty deed recorded Jan. 31, 1974 in Hook 454 at Page 440, Clerk and Recorder's Office, C',artcld Coun ry, Colorado, p eareclred namely: A tract of land Parcel No. 501 of the Stare Department of Ilighwayt, Division of Highways, State of Cnlneado, Project No. 1 70.1(12) Sec. 5 containing 18,452 acres, mor: or less, in the NW'ASW/, Lot 3 and the NWr/SL.'/.SW'/. of Section 9, T. 6 S.. A. 92 W., 6's P.M., in Cinrficld C;nuny,Cotoradn, said tract nr parcel being more particularly described as follows: Beginning at a point an the west lint' of Sec. 9, lion which the SW earner of Ser.. 9 bears S. 0°26'30" E., a distance of 1,470.5 km; 1. Thence N. 6°00' ft. n Jisrance of 2099.6 fccr to the north lint' of the NW'ANL;'/+SW'/, of Scc.9; 2. 'Fhcrace S. 89°1630" W., lilting said north lige, a distance err 427.8 icer U' rhe til( corner of Lot 3, 3. Thence N. 0°30'30" W., along said Lot line, a distance of 198.2 feet; 4. 'Thence S. 75°18' W. a distance of 227,0 fees; 5. 'Thence S. 5000' W. a distance of 1,322.0 feet to the west Gne of Sec. 9; 6. 'f'hence ti. 0°26'30' B., along said sectinn line, a distance of 570.0 feet, more or leas, to the point of beginning. PARC¢r,No. 2 T. 6 S., R. 92 W., 4* P.M. Section 9: Lot 4, SIs'ASW'/, 5'hN1E'ASW '/., and NN'ANG'ASW'/r, EXCEPT that parr conveyed m the C;olnrado Department of Highways for Highway Interstate 70 in special wnrreny decd recorded Feb. 6, 1974 in finnk 45S at Page 10. Clerk rind I ••c,,,rdcr'a Office, l.iArficld Cnunty, r:ulurudo, and - EXCEPT that part conveyed to Robby L. Findley and Mary Lee Bradley in warranty deal recorded Nov. 28. 1990 in Book 560 at Pagc 957, Clerk and Recorder's Q(fice, Oarfidd County, Colorado,. T. 6 S. R.. 92 W.. e P.M, Section 9: PARC/0,Na. 3 The West 10 acro of the W1/45'/aS0 '/r, All that part of Lot 5 and that part of NW'/SE'G lying Southerly of the Colorado River arid Westerly of a line fence constructed and in puce, which fence runs North and South through said Lot 5 and said NW'/.SE'/s, said line fence being more fully described as follows: Beginning eta point on the South tine of said NW'ASE'/i whence the Witness Corner to the South cgs{ Corner of said Section 9 bears S. 51°04' r. a distance of 2144.3 feet; thence North along said line fence parallel ro the Fast tine of said Section 9 to the Southerly bank of the Colorado River 1111111111111111111 11111 11111 II I'/ '111 11 11111 II11 11 11 681752 09/07/2005 03:30P 131724 P433 M ALSDORF I of 4 R 21.00 D 0.00 GARFIELD COUNTY CO BARGAIN C1 SALE DEED (Statutory Form) TH11 HRto, made this 6'a dry of September, 2005, between DONALD .1. FIANCE individually and as Trustee ander the DONALD J. H ANCA CHAR [TANL6 RIM A3NDIES f1NITRSIRt,d&IOOMAY 9,2102, Ra evidenced by this A,davrf ofTrurr A Srurenrnl ofAulhorrty recorded July 1, 7003 a Reception No. 630794in Book 1418 at Page 1, Office of the Clerk and Recorder, Garfield C000ly,Colorado, of the County of 0orfthld, end Slate of Colorado, (Grantors), for the caneidera lion of Ten Dollars and other good and valuable oonsidaratioer, in hand paid, herrby aril and conuay' to CYrsUM RANcil Co. LLC, a Colorado Limited Liability Company, whose legal iddress is Bib Colorado Avenue, Gicnwood Springs, CO 11601. (Grantee) alt the right, tide, inleresi, claim and demand which the Grantor hos in and to the real properly, together with improvornms, if any, situate, tying and boiog in the County ofOaefidd, and State or Colorado deaeribed as followu PARCEL!! A parcel of land eituatod lo the S'4NE%S WYs, part of the NW l4SEV, the Wert 10 oats or the W AS W Y.SE Y, and part of the SEYSWY all In Sec. 9, 1', 6 S. R. 92 W., 4" P.M., Garfield County, State of Colorado being described u follows: Commencing u the SY comer of laid Saclion 9 and conddtring the mouth line of said Sc.E9 to bur S. 89'4947' W. and all bearings contained herein to be relative thereto; thence N. 00'47'44' W, 40.00 feel to the Poly* or BEOnarrol(3, being the Nonh right-orwty tine for County Road 346; thence S. 89'49'47" W. 1123,55 feat along the North right.ot--way line for County Rood 346; thence N. 03'33'20" W. 410.04 feet; thence S. 19'20'56" W. 170.62 feel; thence N. 00'44'51' W. 681.25 feel; thence N. 00'44'51" W, 128.59 fact: thence N. 00'44'51' W. 663.63 feet; thence N. $9'34'21' E. 617 66 fed; thence N. 89.34'29" E. 440.46 fere thence S. 00'43'47' E. 231.50 feet; thane N. 19'3426' E. 971.46 feet; thence S. 00'29'17' E. 435, 7l .feet; thence S. $9.3913" W. 309.31 feet; thence S.19'39'33' W. 330.16 feet; Thence S. 00'41'47' E. 1119.42 feel: thence S. 00'41'47"E. 173.11 feel; thence S. 69'49'47" W. 329.41 feel; to the POINT OF BEGINHnrG, containing 76.60 acres ea described. Formerly described as SANE'AS W Y.. that part of the N W Y.SE R Southerly odic Colorado River and W eswrty of i line fenee described as follows: Beginning 13 a point on South Line of said NW'IsSE' wheow[bo Witoosa Corner to 50 Corner ofaeid Sec. 9 bears S. 71'04 E. 2144,5 foot; thence North along sold lino fent parallel to Bast line of said Section 9 to the Southerly bank of sloe Colortdo Rarer; and . The West 10 acres of the WASW'/.SEA, and the SEY.SW'/,, EXCEPT .1M Sart conveyed to Bobby L Bradley yid Mary Lao Brodlcy in warranty deed rxorded Nov. 28, 1910111 Rocoption No. 309831 in Book 560 at pigs 957. all in Soc. 9, T. 6 S., R. 93 W.. 6'" P.M. PARCEL 2 A parcel of land situated in SWASW%, of Sec. 9, T. 6 S., R. 92 W., e P.M., Garfield County, State of Colorado being ducribed as follows: Commencing it the SW corner of sad Sco. 9 sad cone [skiing the south line of said Section 9 10 bear S. 89'49'47'W and all bcaringa contained herein to be tclative thereto; thence N. 00'45'54" W. 40.00 feet along the West line of Section 9 to the Norah right-0f•way line for County Road 346 being the PONT OF BEGrNMC, Statutory Bargain & Salo Deed, COLO. REv. STAT. 11 36-10-115 dt -113. Hargai31 & Sale Deed QED Descriptions Page 1 of 4 HANCE-GYPSUM RANCH Co. LLC pyf 11111111111111111111111111111111111111111111111111 , 681782 09/07/2005 03;30P B1724 P434 M ALSDORF 2 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO thaw 14.00.4514" W. thence N. 8r39'34. E. thence 5.00'44'51' E. thence S. 00'44'51"E. (hence S. 89'49'47' W. 1151.14 feel along the Wen 8nc of Swoon 9; 1317.69 feet to the Fad line et he S W4S W V.. Section 9; 681.25 felt steel the Eur tine of the SW4SW14, Section 9; 477.81 leaf elongihe fart line debts SW/SW/ Section 9 io the intersection with she North right-oily/By line for County Road 346; 1117.68 fact dory the North righi•of•way line for Cawley Road 346 to the Polra 01 33Enernin 0, containing 35.00 sun u described. Formerly deseribod es part ash{ Wl4S W % (being the southern 35.00 ecru of the S W'/,S W /) of Sec. 9, T. 6 S., R. 92 W„ 6" P.M. PAKM. 3 A proof of land situated in NW/NE/SW/ and parte of Lot 4 and the NE/NE14SW/ and W/SW/ lying southerly of the southerly right-of-wy line of Highway horrific 70 in See. 9, T. 6 S., E. 92 W., 6a P.M., Cnrfeld County. Slate of Colorado being 6enribed as follows: Commencing at the S W tomer of said Sec. 9 and cons idtrin9 the south line of said Section 9 to bur S. 89'4947" W. and all boatinge contained herein to be relative thereto; thence N. 00'45'54' W. 40,00 feel thong the Well liar of Section 9 to the North right-of-way line for County Rad 346; thcrscc N. 00.28'84" W. 1155.14 het nova the Wear llae of Section 9 to the POINT Or BECOVer0i thence N. 00'45'54"W. 121.59 feet alone the Weal line of Soetion 9 to the NW comer of the SW/SW/ Section 9; thence N.00'4564" W, 155.27 real along this Was line of Section 9 to the lntenection with the Southeasterly right-of-way line for Highway lnteatase 70; thence 14.56'00'00' E. 2623.69 feet 'tong the Southeasterly righror.way lino for Fllghwsy Interstate 70; there' S. 00'44'19' E. 945.72 feel; thence S. 89'34'28" W. 377,66 feel to the inteneetion wilh Ea41 line of the NW /SW Section 9; thence S. 00'44'51" E. 663.13 feet lions the Eurline ofthe NW%SW/Section 910the 5E earner of the 14W34SW/ Section 9; thence S. 00'44'51' E. 121.59 feu Bong the Bid rine atrial SW IAS W/ SteGon 9; Ibanez 5.89'39'34"W. 1317.19teem thoPOMTorBEcuuNlro.eonlnning35.01 scram u dewibed. Formerly described as NWt/.NES%SW14 and pares of the NE/14684$0010 and WSSSWA. lying southerly of the aousherlyrigln'o1way Il neelfHighway lntenute 70 Cesccptrhat punoftho W15SW/ dcseribedu Parcel herelnabove) all situate In Sec. 9, T. 6 S., R. 92 W., 6" PM. PARCCL4 A parcel of land shoaled in the NE'i NS/S W /, that part of Loi 4 lying southerly of the south right-of-way line of Hlihwey Interstate 70, LOI 2, and part of NW/5E/ Jilin Sec. 9, T.6 S.. R. 92 W., 641..1w., GarfIetd County, Swept' Colorado being deaeribed so follows; Conuoencing at the SW tamer aid Ste- 9 and considering the tooth line of raid Section 9 to bear 8. 19'49'17' W. and Ill beuinp contained herein lobe relative thereto: thence 14.00'45'$4' W. 40.00 feel along the West line of Section 9 to the North right -of way line fee County Road 346; thence 14, 0045'54' W. 1135.14 fuel along the Won line of Section 9; thence N. 00'45'34' W, 121.59f4elaienethe Wert line ofSection 9totheNWcornaof the SW/SW11 Sake 9; thence 14. 9045'54' W. 155.27 fear along the West lino of Section 914 rho lnlerrection wIth the Southeasterly right-of-way line for Hi hway lnlentete 70; thence N. 56'0000' E. 2625.99 fed along the Southeasterly tight -of -why line Thr Internale 7010 the Paget Dr BELW11710; thence 14.56'00'00"E". 411.30feet alonytheSauthadertyrighl-af-way line for Highway Interalala 70 to the eentealine of the Colorado River; thence S. 41"36'51' E. 145.115 foci along the centerline ofihe Colorado Roc thence 5.75'4770" E. 516.50 hen along the unix-nine of the Colorado River; thence S. 38'47'43" E. 742.19 feet 'long en tinning fence and the projection thereof; thence S. 00'29'17' E. 598,71 het 'long en existing fence; thence S.19.34 28" W. 971 46 feel to the intersection with the Well line afihc NW'/,SE'G Section7; thence 14 00.43'42' W. 23150 reel along the Weer lin: of the NW`/.SE''i Section 9, Bargain A Sale treed QED Deaeriplionr 9.0'2 of 4 Hawn -Gypsum RAI:cH Co. LLC 11111111111111111111111111111111111^ III 1111 1111 illi 581782 09/07/2005 03 30P B1724 P435 P1 ALSDORF 3 of 4 R 21.00 D 0.00 GRRFIELD COUNTY CO theme E. 39'3426' W. 440.46 feet; thence N.00'44'19' W. 945,52 feet; to the Pooh 09 B00N04I140, containing 35.01 acres as described. Formerly described u thou pane of the NEVA/NSW. and Lot 4 lying southerly of the south right-of-way line of Highway Intereute 70, Lot 5, and pan of NW y,SEV, all in Sec. 9, T. 6 S., R. 92 W., 6" P.M. PARCELS A puce1 of land situated in Lot 3 and those pats of Lot 4 and WYSWR lying northerly of the north right -of way lint of Highway Interstate 70 in Soo. 9, T. 6 S., R. 97 W., 6' P.M., Gufteld County, Stale of Colorado being described as follows: Commencing of the SW tomer of said S. 9 and eonrieerina the south line of said Scc. 9 to beat S. 89'49'47" W. and all boarinp contained herein to be relative thereto: thence N. 00'45'54" W. 40.00 feet along the West line of Section 9 w the North righlaf'way lime for County Read 346; thence N. 00'45'54' W, 1155.14 feet along the Weal line of Section 9. ,hones N. 00'45'54" W. 129.59 feet akog the West lies of Scotian 9 to the NW comer of the SWVSW''h Section 9; thence N. 00'4514' W. 155.27 fed along the Wast line of Section 9 to the Inlerseetion with the 5authusterly right-of-way line for Highway Interstate 70; (hence N. 00.45'54' W. 567.93 feet to the Northwesterly right•of-way line for Highway lnlermte 70 being the PONT OF $001NHINO; thence N. 00'45'4' W. 600.54 feet dote the Weal line of Section 9 to the SW corner of Lott 3 of said Section 9; thence N. 00'43'54'W 1323.74 fool along the Wert line of Section 9 Io the NW comer of Lot 3 of saitl SoeOan 9; thence N. 00'45'34" W. 349.61 feet along the West line of Section 910 the centerline of the Colorado River, thence N, 37.30'47" E. 993.44 feet along the centerline of the Colorado River; thence 5. 55.42'06" E. 1279.05 feet along thces:Waling aft Colorado River; thence S. 43'36'51' E. 202.06 feet along the centerline of the Coloredo River le the intcrecelionwith the Northwesterly righl•of•way line for Highway Interstate 70; thence S. 56'00'00' W, 1113.14 feet along the Notihwcsicrly right-of-way lint for Highway Interstate 70; thence S. 73'19'00" W. 727,00 feet along the Northwesterly right-of-way line for Highway Interstate 70; thence S. 56'0000' W, 1301.05 feel along the Northwesterly rlght•of-wry Zine for Highway lntentale 10, to the P0R.-r 01 0 a0dH(N0, 0001111009 69.64 ecru u described. Formerly described u part of Lot 3 and those pans of Lot 4 and W IIS W V tying northerly of the north right -of way line of Highway Interstate 70 in Sec. 9, T. 2 S., R. 97 W., 6" P.M. TDCOTHia WITH all water, water right', ditch and dheh rights appurtenant to the foregoing property, including but eat naeu Wly limited to 1911 fallowing: All ppurtenael water, wager rights, ditch rinddite1, including but not limited 144.94 euh;e reel Of welcr per second of time of the waren adjudicated w the Rising Sun Ditch, including the original adjudication and the fust enlargement adjudicated In 1608, end the second eel igetreot, iidJudichied in 1965, which have Priorities Nos. 16, 24, end 226, rcmpcelivdy, with appropriation data of Dix, 5,103, Dec. 1,1006Ind April 15,1953, respectively. Assessor Schedules & Panels Nom: Schedule 23429 Puce, 217909300327, Schedule 23347 Parcel 717509100106, Schedule 23346 Parcel 217909200105, and Schedule 217909203104 Parcel 023349. • Also known n: 6533 County Road 346, 5111, CO 31652. TOGETeir t WIrnall and singular the hereditsrnenb and appunenenca thereto belonging, orin anywlseappentioing, end the reversion and rtveniens, tomer der and rtanainden,reeu, lames Ind pro6u thereof, and all the cute, right, illle, interest claim and demand whatsoever orale Grantor!, either in law or equity. of, in end to the above bargeinad premise, •with the herediumrnu and ippunrunees. To Have AND To HOLD the same. together with alt and singular the appunmenees and privileges thereunto belonging or in anywise thereunto apperuining, Ind all'hotels*. right, title, i Merest and dims whatsoever the Granters have 9r herceler acquire, either in law or equity, to the only proper use, benefit ted behoof of the °mug, its suceeuon and auigns forever. The singular number sheaf Include the plural, the plural the singular, and Iho use of any gender shall be applicable to all genders. 1N WITNeos WHEREOF, Granton have executed this dud on the dale ser forth above. Bargain h Sale Decd QED Descriptions �� ALD 3. AHGS,Vnd Page 3 of 4 li6NOS4iYPSuM RANCH Co, LLC 1111111 11111 11111111111111111; t .e ! 111111111111111! 681782 09/07/2005 03 30P 81724 P436 M ALSDORF 4 of 4 R 21.00 D 0.00 GRRFIELD COUNTY CO 11111 ?vour .H Nr', rustoe,u Chariubb Remainder lJni STATE Ur COLORADO ) u. CbuNTVOrGAAFICLU ,s. the Dom! . snit mad May9,r002 The toregoingBari tin and Sale Deed was acknowledged before =this day ofSeptember,2005,'by DONALD 5. HANCA IRdivideaHy and u Truaeae yledee CYC DONALD J. HANGS CHARITAI Y R[NAINCiR UNITRUIT W itnCaa my ha DENMr'�'.ZO• NOTARY '=1 `BL STATE OF COLO My commission • 41, Nouuy Public rnmmis:bn Expires 09127!2405 (Inc foregoing beatings and distances psreel descriptions were taken ham a end survey Surveying Systanu, inr., 1011 Colorado Ave., Grand Junction, CO 11501. When Recordrd Return To: Edward Mulhall, h., Esq. Balcomb & Omen, P.C. P. 0. Drawer 740 Glenwood Spring', C0 11602 Bargain A Saes Decd QED Dceeriptiona Glow - is 2002.03 by QED Pais 4 of 4 HANDS -GYPSUM RAHCII CD. LLC 1 111111111111111111111111111MI, .1111 Ili 11111 111 111 681783 09/07/2005 03 32P 01724 P437 M ALSDORF 1 of 1 R 6.00 D 0.00 GARFIELD COUNTY CO ASSIGNMENT THIS ASSIGNMENT, made this 6e' day of September, 2005, between DONALD). HANGS individually and as Trustee under the DONALD J. HANGS CHARITABLE REMAINDER UNtTEUST, dated MAY9, 2002, as evidenced by that Affidavit of Trutt to. Statemmt oJAurhorib. recorded July 1, 2003 as Reception No. 630794in Book 1488 at Page 2. Office of the Clerk and Recorder, Garfield County, Colorado, of the County of Garfield, and State of Colorado, (Assignors), and GYPSUM RANCH CO. LLC, a Colorado limited Liability Company, whose legal address is 818 Colorado Avenue, Glenwood Springs, CO 81601, (Assignee): For and in consideration of the sum of ten dollars and other good and valuable considerations, the receipt of which is hereby acknowledged, Assignors assign, transfer and convey without warranty, all of their right, tide and interest, as Lessors, in and to that certain Oil and Gas Lease dated April 26, 2002, between Donald J. Hangs, lessor, and Williams Production RMT Company, lessee, recorded June 27, 2002 as Reception No. 606002 in Book 1365 at Page 523, as assigned by that Assignment of Oil & Gas Leases, dated January 1, 2005 and recorded as Reception No. 669712 in Book 1668 at Page 34, both Office of the Clerk and Recorder, Garfield County, Colorado, to the lands in Section 9, Township 6 South, Range 92 West of the 6th Principal Meridian, Garfield County, Colorado described therein. Assignors hereby also sell and quit claim all right, title, interest and claims Assignors may have in and to any and all mineral tights on, in and under any and all streets, county roads, highways, railroad strips and/or any and all other casements and rights of way whatsoever, canals, ditches and other waterways lying across and/or adjacent and/or in any way appettaining to the lands described in the Oil and Gaa Lease and Assignment of Oil & Gaa Lease above described including without limitation any lands acquired by accretion through meander of waterways. IN WITNESS WHEREOF, Assignors have executed thia Assignment on the date set forth above. DIM ALDJ . HANGS Tn>8tee,J B under the Donal . Han s Charitable Remainder Unitrust, dated May 9, 2002 STATE OF COLORADO CouNTV en' GARPIEu The foregoing Assignment was acknowledged before me this 6th day of September, 2005, by DONALD J. HANGS individually and as Trustee under the DONALD J. HANGS CHARITABLE REMAINDER UNrrttusT, dated MAY9, 2002. Witness my hand and official seal. My commission expires: When Recorded Return To.. Edward Mulhall, Jr., Esq. Balcomb & Green, P.C. P. O. Drawer 790 Glenwood Springs, CO 81602 D€NiA ROOF NOTARY PUBLIC STATE OF COLORADO I ' f'.ntrtmis An Expires 0912712005 STATEMENT OF AUTHORITY 1. This statement of Authority relates to an entity named: GYPSUM RANCH CO. LLC 2. The type of entity is a: corporation Cregistered limited Nobility limited partnership nonprofit corporation limned partnership association limited liability company unincorporated r or profs association Bgeneral partnership 0government or governmental subdivision of agency limited partnership business trust registered rimited liability partnership trust 3. The entity is formed under the laws of: The State of Colorado 4. The mailing address for the entity Is: do Scott Balcomb, 818 Colorado Avenue, Glenwood Springs, CO 81601 5, The Ili name(s), or ® position(s) of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity Is (are): Scott Balcomb, Manager Richard K. Stephenson, Manager 6. (Options} The authority of the foregoing person(s) to bind the entity Is ® not limited al limited as follows: 7. (Optional) Other matters concerning the manner in which the entity deals with Interests In real property: 8. This statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. State of Colorado ) es. County of Garfield ) Executed this 312: day of August, 2005 The foregoing Instrument was acknowledged before me thls,i day of August, 2005 by: Scott Balcomb and Richard K, Stephenson as Managers of Gypsum Ranc Witness my hand and official seal. My Commission Expires: ate Colorado Avenue Alanwood Springs, CO 81601 My Commission Expins May 1, 2009 ;ALLY • ;F'18 • cam' s� '.4GNEUR -LAT U r,Tota r ?G Banks and Gesso, LLC 9.0 Authorization Letter On the following page is authorization from the landowner, Gypsum Ranch Co., LLC, for Silt Sand & Gravel, LLC to apply for, and Banks and Gesso, LLC to submit and process this application and on behalf of the project, during the permitting process. Grand River Park Project 05021 Silt Sand & Gravel LLC 15 September 29, 2006 RECEIVED OCT 0 3 2005 BUk.D NG & PLANN NG I, Scott Balcomb, as Manager of Gypsum Ranch Co. LLC, authorize Silt Sand & Gravel, LLC, as applicant, and the applicant's permitting representative, Banks and Gesso, LLC (cio Paul Gesso) of 720 Kipling St., Suite 117, Lakewood, Colorado 80215, to submit a Garfield County Special Use Permit application for mineral extraction and related activities and act on behalf of the project during the permitting process for the Grand River Park Project. Signed: Date: October 3, 2006 Title; Manager STATE OF COLORADO ) )ss COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 3rd day of October, 2006 by Scott Balcomb, Manager of Gypsum Ranch Co. LLC. Witness my hand and official seal. My Commission expires: 02 4/77/0 Banks and Gesso, LLC 10.0 Statement of Consistency with Garfield County Zoning Regulations I. This application has been prepared to conform to general Conditional and Special Use criteria from Section 5.03 of the Garfield County Zoning Resolutions (GCZR), as described below: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. Potable water will be brought on site by vendors for use in the field. Portable toilet facilities (to be placed outside the jurisdictional floodplain) may also be used during the mining and reclamation process. In addition, both fresh water and sanitary facilities are located at the existing structure (former residence) on site that will be converted into a site office. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use. Road improvements to GCR 346 will accommodate truck improvements in the vicinity of the site. Please see the attached Traffic Impact Study for further analysis and conclusions concerning roadway improvements. (3) Design of the proposed use is organized to minimize impacts on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized area, access points, lighting and signs in such a manner as to protect established neighborhood character. Both the sequencing and overall layout of the proposed operation are intended to contain impacts from mineral extraction and processing. Mining will progress away from reserves adjacent to undeveloped areas within urban growth boundaries, and the majority of reserves are in remote fields. Heavy equipment will be buffered from adjacent properties through location within excavation limits (below grade) or in central processing areas that are intentionally distanced from neighboring land uses. Grand River Park Project 05021 Silt Sand & Gravel LLC 16 September 29, 2006 Banks and Gesso, LLC Landscaping and temporary screening berms located on the eastern property line (Phase 1A), the east side of Phase 3B Mining Area, and west side of the Phase 2 Mining Area will buffer properties located between those mine areas and County Road 346. Additional landscape materials located in conjunction with berms will provide additional buffering of surrounding properties. It should also be noted for the record that development of bath oil and gas infrastructure and planned urban growth is likely to substantially affect the area in future years. II. The Impact Statement for industrial operations, required by Section 5.03.07 of the GCZR, is incorporated in to this report, as follows: (A) Existing lawful use of water through depletion or pollution of surface run-off, stream flow or ground water; The subject property will be in compliance with all laws concerning water quality and water quantity (e.g. water rights). The operation will specifically adhere to procedures of the State Division of Water Resources to ensure that there is no injury to water rights and well water quality, and procedures of the Department of Public Health and Environment concerning the Colorado Discharge Permit System, as administered under the Federal Clean Water Act, to ensure that there is no adverse water quality effect of the operation. In its existing condition, the site is served by two primary irrigation ditches, lateral ditches, wells, and the presence of the Colorado River and its alluvial aquifer; all existing conditions related to water are lawful, no outstanding unlawful depletions or pollution existing with respect to surface runoff, stream flow, or groundwater. (B) Impacts on adjacent land from the generation of vapor, dust, smoke, noise, glare or vibration, or other emanations; As noted above, the proposed operation is subject to sequencing and layout (1 considerations that effectively minimize impacts on adjacent land. In addition to site design, the applicant reiterates its commitment to adhere to all applicable laws concerning environmental factors. Air emissions, such as vapors, dust, and smoke, are Grand River Park Proiect 05021 Silt Sand & Gravel LLC 17 September 29, 2006 Banks and Gesso, LLC subject to regulation and permitting by the Colorado Air Quality Control Commission, and the applicant anticipates that site disturbance and specific powered equipment will be required to receive an APEN or other air permit prior to the commencement of operations. Under air quality regulation, opacity and other air emissions standards will be regularly tested. Typically, particulates (dust) are the primary regulated air impact of sand and gravel operations, and the operator will conform to all applicable standards. The operator will also adhere to performance standards, as reiterated below, pertaining to noise, lighting, vibration, etc. For example, while the sources of noise in a sand and gravel mine — particularly machinery — may operate at a 70-80 dBa noise level, the sources are located at a sufficient distance from any potential receptor sites to allow noise to attenuate and have little to no impact above background noise levels. Light impacts are controlled foremost by hours of operation, which for production activities will be 6 a.m. to 8 p.m. Monday through Saturday. In addition, downcast lighting or lighting affixed to roiling stock will be used to limit the visibility of lights that are incorporated into the operation. It is the operator's intent to produce only as much light as necessary to work effectively and to avoid generating additional light that would result in light leakage to any other properties. Finally, vibrations and other emanations are not expected to be experienced as off-site impacts. Since no blasting is necessary to recover unconsolidated sand and gravel deposit, no potential exists for large vibrations. (C) impacts on wildlife and domestic animals through the creation of hazardous attractions, alteration of existing native vegetation, blockade of migration mutes, use patterns or other disruptions; Wildlife impacts are discussed in detail in the attached Habitat Assessment report. Generally, the 1-70 corridor has significantly disrupted the indigenous qualities of the site vicinity for wildlife. As documented in the supplementary (also attached) Mitigation and Reclamation report, the operation and reclamation program has been designed with the intent to benefit wildlife. The reclamation program ensures that the site will not create hazardous attractions, negatively alter existing native vegetation, block migration routes, or otherwise impair appropriate wildlife uses of the site. (0) Affirmatively show the impacts of truck and automobile traffic to and from such uses and their impacts to areas in the County; Grand River Park Project 05021 Silt Sand & Gravel LLC 18 September 29, 2006 Banks and Gesso, LLC Please see the application narrative above, as well as the appended Traffic Impact Study for a complete discussion of the impacts of vehicular traffic both at the site and in the regional context. (E) That sufficient distances shall separate such use from abutting property which might otherwise be damaged by operations of the proposed use(s); Protection of adjacent property is a substantial technical concern of the state Reclamation Permit review process. As a result, the applicant/operator has developed a detailed understanding of the proposed operation's potential effect on abutting property. The State process requires a conservative mining setback of 200 feet from any structure, unless the operator is able to demonstrate that the owner of the structure has agreed to allow mining at a closer setback subject to indemnification for damage, or that an engineer has determined that no damage to the structure will occur. In the present case, the operator has entered into agreements with several structure owners, including Garfield County for GCR 346, and has also conducted engineering evaluation of general slope conditions. The engineer's report concluded that, "For a highwall mined to near - vertical slope configuration, the minimum required setback from the highwall to a structure is 60 ft. ... [T]he required maximum slope steepness that could be allowed while maintaining a 25 ft. setback was evaluated... The slope configuration meeting these criteria is a 2H:1V (horizontal:vertical) slope." Based on careful examination of site conditions, the applicant submits that setback distances to mining are more than sufficient to prevent damage to adjacent property. (F) Mitigation measures proposed for all of the foregoing impacts identified and for the standards identified in Section 5.03.08 of this Resolution; The applicant has identified in both the mining and reclamation proposal appropriate mitigation measures for off-site impacts. This Impact Statement references and adopts the various functional recommendations recommended by, for example, the traffic engineer, the wildlife biologist, the hydrologist, and other disciplinary experts who have studied the proposal. Furthermore, the standards and aspirations of both local and state review of the proposed operation are integrated in a balanced manner, seeking to efficiently recover valuable, needed commercial mineral resources (see Colo. Rev. Stat. Grand River Park Project 05021 Silt Sand & Gravel LLC 19 September 29, 2006 Banks and Gesso, LLC § 34-1-301, et seq.) while ensuring the health, safety and welfare of the public and the continued benefit of the subject site as a part of the Colorado River valley. III. The applicant notes for the record that it will comply with all Section 5.03.08 Industrial Performance Standards of the Zoning Regulations, as listed below and as may be applicable: (1) Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes at the time any new application is made. (2) Vibration generated: every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the property on which the use is located. (3) Emissions of smoke and particulate matter: every use shall be operated so as to comply with all Federal, State and County air quality laws, regulations and standards. (4) Emissions of heat, glare, radiation, fumes: every use shall be so operated that it does not emit heat, glare, radiation or fumes which substantially interfere with the existing use of adjoining property or which constitutes a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may be required by law as safety or air pollution control measures shall be exempted from this provision. (5) Storage area, salvage yard, sanitary landfill and mineral waste disposal areas: (A) Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with the national, state and local fire codes and written recommendations/comments from the appropriate local protection district regarding compliance with the appropriate codes. (B) At the discretion of the County Commissioners, all outdoor storage facilities may be required to be enclosed by fence, landscaping or wall adequate to conceal such facilities from adjacent property. Grand River Park Project 05021 Silt Sand & Gravel LLC 20 September 29, 2006 Banks and Gesso, LLC (C) No materials or wastes shall be deposited upon a property in such form or manner that they may be transferred off the property by any reasonable foreseeable natural cases or forces. (D) Storage of Heavy Equipment will only be allowed subject to (A) and (C) above and the following standards: 1, The minimum lot size is five (5) acres and is not a platted subdivision. 2. The equipment storage area is not placed any closed than 300 ft. from any existing residential dwelling. 3. All equipment storage will be enclosed in an area with screening at least eight (8) fee in height and obscured from view at the same elevation or lower. Screening may include berming, landscaping, sight obscuring fencing or a combination of any of these methods. 4. Any repair and maintenance activity requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries will be conducted within a building or outdoors during the hours of 8 a.m. to 6 p.m., Mon -Fri. 5. Loading and unloading of vehicles shall be conducted on private property and may not be conducted on any public right-of-way. (E) Any storage area for uses not associated with natural resources shall not exceed ten (10) acres in size. (F) Any lighting of storage area shall be pointed downward and inward to the property center and shaded to prevent direct reflection on adjacent property. (6) Water pollution: in a case in which potential hazards exist, it shall be necessary to install safeguards designed to comply with the Regulations of the Environmental Protection Agency before operation of the facilities may begin. All percolation tests or ground water resource tests as may be required by local or State Health Officers must be met before operation of the facilities may begin. Grand River Park Project 05021 Sift Sand & Gravel LLC 21 September 29, 2006 LEGEND - - &AS 0 l l RELOCATED UTILITY ROAD TO REMAIN AFTER - REQ.AMATION FOR ACCESS TO PARK AREAS AND PONDS , SECTION LIME PROPERTY LINE PROPOSED EASEMENT PAVED ROAD UNPAVED ROAD DITCi-VWATERWAY MINING LIMIT / POND BOUNDARY PERMIT BOUNDARY EXISTING INDEX CONTOUR EXISTING INTERMEDIATE CONTOUR EXISTING GAS LINE PROPOSED &AS LINE EXISTING OVERHEAD UTILITY RELOCATED OVERHEAD UTILITY EXISTING PHONE CABLE EXISTING STRUCTURE WETLANDS PRESERVATION PERMANENT SEED MIX PROPOSED EVERGREEN TREE PROPOSED DECIDUOUS TREE PROPOSED SHRUBS GRAPHIC SCALE 1 IOC 20 400 / .(O P�� za (IN FEET) inch =200 ft. CONTROUR INTERVAL = 5' e "a \ 11 i \�\\ 1i \1 i {._ ' Y • ��� ■J �� �---2.`4..• �\• 1.1 44,7, ..:*•....., -,' i'" ; -, ARTIFICIAL ISLAND FEATURES ��`�\N• \ ••'\ V,\ \\ `,\ \ \, \\••� \ \\• \\\\\\ \ \\\� \� \ \ �is`s.� . ii /' / •tel' �Ni" /moi tot- 4, ALTERNATE 0/G PAD S1Tt NOTPUNNED A• FOR ACTIVE USE r 1.' \ O If� ®/ -- GROUNDWATER LAKE 33.57 ACRES (SURFACE) \ `; at �` \!�'�\ PRESERVATION \!\\� AREA \\\\\ c0 l'esw et,r � 000 !)I ,,,„ I;!li OIL AND GAS BRILL . 1 AND WELL PAD \'\\\ $\ \\ �b \ \\\\ \\ \ i.;,, I�r, COLORADO RIVER \\\\ :` 1/4 \ \\ . \\�\\ \\ \<.. \ GROUNDWATER LAKE 'Pk,\ 16.61 ACRES (SURFACE) ;0\ \ /A/ 7= --17-2:1) I , I 1 Itm.... t+wt...tas..�n�•u -. � ills anti _ J \\\ GROUNDWATER LAKE 20.37 ACRES (SURFACE) \%\\\ (TVP. 5E NOTE 9) i 1' f ,s /A \�.\\ \` ! ��.�4,..."--.-- -• -- ' - f "---.' -`/� .. - C4.1--- old-- 014 ___ / - "- 0F11.1- OV.,' -T. OM. _ 01-c - 014.•-- Gla: -- 0 OIL AND GAS DRILL AND WELL PAD 'at ly • CO NTY ROAD 346 0110- OLI )M-- )H'- ' oat - - PERMANENT SEED MIX FOR FINAL RECLAMATION COMMON NAME GRASSES VARIETY PLS / AC TO USE SEEDING RATE IN PLS (LBS / ACRE) _ PERCENT OF MIX (%) Alkali s000ton Salado 13 02 20 Inland sahgrass Fraxinus pensylvanica 3.0 0.5 15 Western wheatgts Ant 16.0 3.2 20 Botlixudr squirreling Populus fremontii 9.0 0.9 10 Blueburch Sartre* 6314r 12.0 2.4 20 _ Mutrorrgrats 1.0 02 15 TOTALS 5kunkbush Sumac 42.5 7.5 100 OIL AND GAS ORI1L AND WEU. PAD SY. - S. - :Y9 ACCESS ROAD AND PIPELINE EASEMENT ACCESS ROAD TO REMAIN ® GROUNDWATER LAKE 0,49 ACRES (SURFACE) GROUNDWATER LAKE 13,76 ACRES (SURFACE) ch.v_s..\• .-L-_- - Oia - + CNA- - Ali' .L - Ur, -.- M1'. -- 041.1 014. ENTRY SIGNAGE LANDSCAPE FEATURES (SEE NOTE 4) \).‘, Gs OH)- 01,-- 0L- .-r.- C4)--- .'-')HJ-- C'-..-- CMJ-- 0w PARKING (OPTIONAL) LANDSCAPE FEATURES (SEE NOTE 4) 01:,--- 01-11I--- 04J-- Gyl SY1 TOWN OF SILT -"Aar. CHANCE D -CC SET SHRUBS PLUMB. FINISHED GRADE - OF SHRUB BED TO BE 2' BELOW ADJACENT FINISH GRADE AT EDGE. PUNT ROOTBALL 2-4' ABOVE FINISHED GRADE IN CLAY 5011 AND AT GRADE IN SANDY SOIL, NOTES: 1. TOPOGRAPHICAL CONTOURS TAKEN FROM U565 SILT COLORADO QUADRANGLE AT 20' CONTOUR INTERVALS AND INTERPOLATED AT 5' CONTOUR INTERVALS, 2. MINED AREAS WI11 BE RECLAIMED TO RECREATIONAL LAND AS A POST -MINING USE; SUBJECT TO RECLAMATION NOTES 6 AND 7 BELOW. CONFIGURATION OF FEATURES OTHER THAN (OR INCIDENTAL TO) AGGREGATE MD4TN& • RELATED ACTIVITIES (E.G., OIL & 6A5 P ;D5) MAY VARY FROM THIS DRAWING AT THE TIME Of FINIAL RECLAMATION. 3. PHASING. CONCURRENT RECLAMATION MAY ALLOW FOR INCREMENTAL RELEASE OF AREAS SUITA BLE FOR RECREATIONAL POST -MINING USE. PHASES ENUMERATED ON THESE PLANS WILL PROVIDE A GENERAL SEQUENCE FOR CONCURRENT RECLAMATION BUT ARE ILLUSTRATIVE AND SUBJECT TO CHANGE BASED ON MARKET AND SITE CONDITIONS. 4. MAINTENANCE OF TEMPORARY FEATURES. AT THE OPTION OF THE OPERATOR / PERMITTEE, SCREENMN&, 88iMING AND OTHER TEMPORARY LANDSCAPE FEATURES MAY BE REMOVED OR MAINTAINED ON THE SITE FOR PERMANENT RECLAMATION. 5. PONDS. GROUNDWATER LAKES WILL BE CREATED BY RECLAMATION IN ACCORDANCE WITH THE SLOPE DETAIL ON THIS SHEET. SLOPES WILL BE ESTABLISHED AT EXCAVATED EXISTING SURFACE ARTIFICIAL ISLAND FEATURE - (SEE NOTE 9) 25' (TYP.) L. - NOTES: L PRUNE DEAD OR BROKEN BRANC ft 2. KEEP PLANTS MOIST AND SHADED UNTIL PLANTING. 3. AMENDED BACKFIL. SHALL BE 70% SOIL FROM PUNTING PIT AND 30% ORGANIC MATERIAL, PREFERABLY CANADIAN PEAT MO55. PLANT SCHEDULE SYM TYPE KEY QTY BOTANIC NAME COMMON NAME SIZE Deciduous Trees FP 20 Fraxinus pensylvanica Green Mb 2" cal. PA 50 Populus angustifolia Narrowleaf Cottonwood 2" cal. PF 50 Populus fremontii Fremont Cottonwood 2" cal. Evergreen Trees PP 20 Pinus ponderosa Ponderosa Pine 6' Deciduous Shrubs RT 250 Rhus trilobata 5kunkbush Sumac 5 gal. RA 350 Ribes aureum Golden Current 5 gal. PLANTING NOTES: 1. INTENT. PLANTINGS HAVE BEEN SELECTED FOR WILDLIFE VALUE, VISUAL INTEREST AND COMPATIBILITY WITH POST•MINING USE. 2. PUNTING SCHEME. PLANT SYMBOLS A5 DENOTED IN THE SCHEDUTX AND ON THE PLAN SHALL BE USED TO DETERAUNIE THE APPROXIMATE LOCATION OF DECIDUOUS TREES, EVERGREEN TREES, AND DECIDUOUS SHRUBS. PLANTS WITHIN EACH CATEGORY WILL BE DISTRIBUTED RANDOMLY WITHIN THE DESIGNATED LOCATIONS ACROSS THE SITE (EA., MIXING NARROWLEAF COTTONWOOD, FREMONT COTTONWOOD, ETC.), PROVIDED THAT GREEN ASH WILL BE RESERVED FOR UPLAND SETTINGS, FINAL SLOPE (SEE NOTE) TYPICAL SHRUB PLANTING DETAIL NTS 1 5' NORMAL WATER UNE (TYP.) TO' SLOPE TRANSITION GRADES, AS OPPOSED TO BACKFILIEb GRADES, TO THE EXTENT POSSIBLE. 6. RECREATIONAL POST -MINING USE THE INTENDED POST -MINING USE OF THE SITE 15 RECREATION INCLUDING POTENTIAL DEDICATION OF RECLAIMED LAND TO THE TOWN OF SILT LAND SURFACE WILL BE STABILIZED IN ACCORDANCE WITH STATE RECLAMATION PERMIT STANDARDS. 7. LIMITATION OF PLANNED RECREATIONAL USES. NO SWIMMING SHALL 8E ALLOWED AND SWLMAUN& SHALL NOT BE AN ANTICIPATED POST -MINING USE AT THE PERMIT SITE. 8. OPERATOR MAY SELECT SUITABLE EVERGREEN SCREENING PLANT FOR BUFFER LANDSCAPE SUITABLE SPECIES INCLUDE, BUT ARE NOT LIMITED T0, WESTERN RED CEDAR, PONDEROSA PINE AND LIMBER PINE. 9. ISLAND FEATURES. FLOATING POLYMER ISLANDS WILL BE INSTALLED TO PROVIDE HABITAT ENHANCEMENT. ISLAND mu. PROVIDE REFUGE FOR BIRDS AND PROTECTED DEEP WATER AREAS FOR FISH, ISLAND WILL INCLUDE PLANTING 'POCKETS' AND SHALL BE VEGETATED WITH WETLAND FRINGE VEGETATION. ISLANDS WITH LARGER SURFACE AREA SHALL BE ACHIEVED BY GANGING SMALLER MODULES TOGETHER. TOP OF CUT NATURAL GROUND SHALE / BEDROCK -•- 25' MIN. TYPICAL SIDE SLOPE CR055 SECTION_ NTS - CUT AND REMOVE ALL BURLAP OR A MINIMUM TOP 2/3 OF ROOTBALL REMOVE All TREATED, GREEN BURLAP AND PLASTIC CONTAINERS. FOR POT BOUND PLANTS ONLY: MAKE 4-5 VERTICAL CUTS IN ROOTBALL 1/2` DEEP. PLANT IMMEDIATELY. CLUTIVATE SOIL TO DEPTH OF ROOTBAU. THOUROUGM.Y, BACKFILL HOLE WITH AMENDED SOIL. MDC SCARIFY SIDES OF PLANTING PIT. PREPARED BY: 4' WOOD CHIP MULCH LAYER. FLAG WIRE FROM STAKE TO TREE (NO STAKING FOR SHRUBS) 3 EQUALLY SPACED -' 24' WOOD STAKES SET FLUSH WITH GRADE PERMIT BOUNDARY SIDE SLOPE NOTES: 1. SIDE SLOPES WILL BE 3:108 SHALLOWER TO A DEPTH OF AT LEAST 10 FEET BELOW THE NORMAL WATER LINE, PURSUANT OT CONSTRUCTION MATERIALS RULE 3.15(7). 2. SHALLOWER SLOPES, ESPECIALLY AT THE EMERGENT FRINGE NEAR THE NORMAL WATER ELEVATION, MAY BE PROVIDED AT THE DISCRETION OF THE OPERATOR AND .45 ELUSTRATED ON THIS PLAN 3. SHALLOWER SIDE SLOPES ON PLAN REPRESENT APPROXIMATE LOCATION AND DIMENSION Of TOPOGRAPHIC FEATURES. BUILT FEATURES MAY BE ADJUSTED IN THE FIELD CONSISTENT WITH THE INTENT OF 114I5 PLAN. NOTES; 1. WATER ALL PUNTAJGS THOROUGHLY AFTER PUNTING. WATER MUST BE APPLIED 50 THAT IT DOES NOT HARM THE PLANT OR CAUSE EROSION. 2. PRUNE DAMAGED OR DEAD FOLIAGE AFTER PUNTING. BACKFILL TYPICAL TREE PLANTING DETAIL NTS - REMOVE CONTAINER, SPLIT BOTTOM 1/2 OF BALL SPREAD & PLANT PREPARED UNDER THE SUPERVISION OF: NAME TITLE DATE REVISED EXHIBIT F: RECLAMATION PLAN MAP APPLICANT: PROJECT: BANKS AND GESSO, LLC. ■ ■ 720 I3PLIN& 5T., sum 117 LAKEWOOD, COLORADO 80215 (303)274-4277 JOB NO 05021 DATE 12/7/06 SILT SAND & GRAVEL L.L.C. 0304 HIGHWAY 133 CARBONDALE, CO 81623 (970)963.2296 SCALE 1._200' GRAND RIVER PARK PROTECT DRMS 112 PERMIT APPLICATION GARFIELD COUNTY COLORADO DRAWN BY DESIGNED BY APPROVAL REV SHEET DRF 2 Banks and Gesso, LLC APPENDIX A — Colorado Division of Reclamation, Mining and Safety Reclamation Permit Application for the Grand River Park Project Grand River Park Project 05021 Silt Sand & Gravel LLC September 29, 2006 COLORADO MINED LAND RECLAMATION BOARD APPLICATION FOR CONSTRUCTION MATERIALS REGULAR 112 OPERATION RECLAMATION PERMIT Grand River Park Project Town of Silt, Garfield Co., Colorado Prepared for: Silt Sand 8, Gravel LLC 0304 Highway 133 Carbondale, CO 81623 (970) 963-9424 Prepared by: Banks and Gesso, LLC 720 Kipling St., Suite 117 Lakewood, CO 80215 (303) 274-4277 May 2006 Banks and Gesso, LLC Table of Contents Page Application Form 1 Introduction 2 Exhibit A -- Legal Description 4 Exhibit B — Index Map 5 Exhibit C — Pre -mining and Mining Plan Maps of Affected Lands 6 Exhibit D — Mining Plan 7 Exhibit E — Reclamation Plan 12 Exhibit F — Reclamation Plan Map 16 Exhibit G — Water Information 17 Exhibit H -- Wildlife Information 20 Exhibit I -- Soils Information 22 Exhibit J — Vegetation Information 24 Exhibit K — Climate 25 Exhibit L — Reclamation Costs 26 Exhibit M — Other Permits and Licenses 27 Exhibit N -- Source of Legal Right to Enter 28 Exhibit 0 — Owner(s) of Record of Affected Land (Surface Area) and Owner(s) of Substance to be Mined 29 Exhibit P — Municipalities Within Two Miles 30 Exhibit Q -- Proof of Mailing of Notices to Board of County Commissioners and Soil Conservation District 31 Exhibit R — Proof of Filing with County Clerk and Recorder 32 Exhibit S — Permanent Man-made Structures 33 Attachments Attachment A — NRCS Reclamation Plan Letter Attachment B — Colorado Historical Society Records Search Attachment C — Certification of Sign Posting _rand River Park Protect S6t Card & Grave; LLC 521 May 2C06 Banks and Gesso, LLC C-ra j F;i'r•:r Par-. Fr'jct Application Form G.i 21 Si!t Sand E Gra'» LLC 1 F.4ay 2•)J6 STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of Nalunl Resources 1313 Sherman St„ Room 215 Denver, Colorado 80203 Phone. (303) 866-3567 FAX: (303) 832.8106 • CONSTRUCTION MATERIALS REGULAR (112) OPERATION RECLAMATION PERMIT APPLICATION FORM CHECK DNF There is a He Number Already Aisigned to this Operation Permit # M -_-� (Please reference the file number currently assigned to this operation) X New Application (Rule 1 4 5) _Amendment Application (Rule 1 10) Conversion Application (Rule 1 11) Permit # M - (provide for Amendments and Conversions of existing permits) COLORADO D I V U S l O H OF MINERALS GEOLOGY xlCIMMATION•M INING tArlfY•ICIFNCl Bill wens Governor Russel! George Executive Director Ronald W. Grimy Division Direcior Neural Resource Trustee The application for a Construction Matenals Regular 1 ] 2 Operation Reclamation Permit contains three major parts. (1) the application form. (2) Exhibits A -S, Addendum 1, any sections of Exhibit 6.5 (Geotechmcal Stability exhibit; and (3) the application fee When you subrnit your application, be sure to include one (1) complete signed gad notarized ORIGINAL end one (i) copy of the completed application form, Iwo (2) copses of Exhibits A -S, Addendum 1, appropnate sections of 6 5 (Geoteo/mical Stability Exhibit, and a check for the application fee described under Section (4) below Exhibits should NOT be bound or in a 3•nng binder, maps should be folded to 8 1/2" X 11" or 81 t2' X 14' size To expedite processing, please provide the information in the format and order descnbed in this form GENERAL OPERATION INFORMATION Type or print clearly, In the space provided, ALL information requested below. IA 11 or company name (name to be used on permit). Silt Sand & Gravel, LLC 11 Type of organization (corpnration,partnership,etc ) Limited Liability Company 2 Oneration name (cit, thine or site name2 Grand River Park Project 3 Permitted acreage (new or eiietinu site). 163 permitted acres 3 1 Change in acreage (4-) acres 3 2 'total acreage m Permit area 163 acres 4 Fees 4 1 New Application 4 2 Now Quarry Application 4 4 Amendment Fee 4 5 Conversion to 112 operation (set by statute) 5 Pr1yoart commodhiefs& to be mined sand gravel $2344 00 application fee $2.906.00 quarry application amendment fee $2.344.00 conversion fc e 5 1 Incidental commoditie(s) to be mined 1 lbs/fonshr 2 / lbsrfons/vr 3 1 lbs/Ion!/Ar 4 1 ihs/fonsivT 5. 1 lbs/Tonslyr 5 2 Anticipated end use of pnmary commodttic(s) to be mined construction aggregates 53 Anticipated ern use of inc:dcntal commoditie(s) to be mined N/A Office a! Mined Land Reclamalica Office of Active ane Inactive Mines CGicradh Geological Survey 2- 6 Name of owner of subsurface ri;thts of affected land Gypsum Ranch Co., LLC if 2 or more owners. 'refer to Exhibit O' 7 Name of owner of surface of affected land: Gypsum Ranch Co., LLC 8 Tye of minim¢ operation- X Surface Underground 9 Location Information The center of the area where the majority of mining will occur. COUNTY Garfield PRINCIPAL MERIDIAN (check one) X 6th (Colorado) 10th (New Mexico) Ute SECTION (write number) S 9 TOWNSHIP (waste number and check direction) T 6 North X South RANGE (write number and check direction) R 92 Eas X West QUARTER SECTION (check one) T,�,• NE NW _ SE X SW QUARTERJQUARTER SECTION (check one) NE _- NW SE X SW GENERAL DESCRIPTION (the number of miles and direction from the nearest town and the approximate elevation) Southwest of the town of Silt, immediately adjacent to current city boundaries approximate elevation 5400 feet. 10 Prirnan Mine Entrance Location (report m either Latitude/Longitude 0Q UTM): Latitude/ono rude Example (N) 39° 44' 12 98" (W) 104° 59' 3 87" Latttude (N) deg 39 min 32 sec 03 , 63 (2 decimal places) Longitude (W) deg 107 min 40 sec 17 . 04 (2 decimal places) OR Example (N) 39 73691° (W) -104 98449° Latitude (N) (5 decimal places) Longitude(W) (5 decimal places) OR Univers) Tranvetse MercatolUTM) Example 201336 3 E NAD27 Zone 13 4398351 2 N UTM Datum (specify NAD27, NAD83 or WGS 84) Easung Noritung Zone -3• 11 Correspondence Information APPLICANTIOPEgATOg (Mme, address, and phone of name to be used on pemut) Contact's Name Company Name. Strect/P 0 Box City State Telephone Number Fax Number Bill Roberts Silt Sand & Gravel, LLC Title Member (Manager) 0304 Highway 133 Carbondale Colorado P 0 Box ( 970 1- 963-2296 Zip Code 81623 f 970 } - 963-241Z PERMITTING CONTACT (if different from applicant/operator above) Contact's Name Paul Gesso Company Name Sheet!' 0 Box City State Telephone Number Fax Number INSPECTION CONTACT Contact's Name Company Name Street/1'1 0 Box City State Telephone Number. Fax Number: CC CC Banks and Gesso, LLC Title Principal 720 Kipling St, Suite 117 Lakewood P 0 Box Colorado Zip Code 802.15 ( 303 ) - 274-4277 ( 303 )• 274-8329 Bill Roberts Title Member (Manager) Silt Sand & Gravel, LLC 0304 Highway 133 Carbondale P 0 Box Colorado f 970 1 • 963-2296 ! 970 ) - 963-2412 STATE OR FEDERAL L,ANDQWNER (if any) Agency Street City State Zip Code 81623 Zip Code. Telephone Number f STAT 3 OR FEDERAL LANDOWNER (if anY1 Agency Street Citi Sate Zip Code T;;lephone Number ( t • •4- 12 Prim ary future (Post -mining) land use (check one) Croplend(CR) Pastureland(PL) General Agriculture(GA) Rangeland(RL) Forestry(FR) Wildlife Habitat(WL) Restdentta](RS) X Recreation(RC) ! industri al/Comm ercial(1C) Developed Water Resources(WR) — Solid Waste Dtsposai(WD) 13 primary present lan4 use (check one) Cropland(CR) Pastureland(PL) Genera] Agriculture(GA) X Rangeland(RL) Forestry(FR) Wildlife Habital(WL) Residential(RS) T Recreation(RC) T lndustrial/Commerctal(1C) _ Developed Water Resources(WR) 14 Method of Mining Hneflyexplain mining method (e.g truck/shovel) Dry -mining or wet -mining with partial dewatering using backhoes, scrapers, and excavators with the on-site processing plant. 15 On Site Processing X Crushtng/Screentng 13 1 Bnefly explain miring method (e g truck/shovel) Material will be processed using primary and secondary crushers, screening, and sorting, with possible concrete or asphalt manufactures. Ltsl any designated chemicals or acid•productng materials to be used or stored within permit area. None anticipated. 16 esc tion of mendent or Co verLin lfyou are amending or eonverung an existing operation, provide a bnef narrative describing the proposed change(s) NIA -5 - 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 Exhibits S, Addendum 1, andthe 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 consecutively for ease of reference. If separate documents are used as appendices, please reference these byname 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 Legal Description EXHIBIT B Index Map EXHIBIT C Pre -Mining and Mining Plan Map(s) of Affected Lands EXHIBIT D Mining Plan EXHIBIT E Reclamation Plan EXHIBIT F Reclamation Plan Map EXIT 0 Water Information EXHIBIT H Wildlife Information EXHIBIT I Soils Information EXHIBIT 1 Vegetation Information EXHIBIT K Climate Information EXHIBIT L Reclamation Costs EXHBI T M Other Permits and Licenses EXHIBIT N Source of Legal Right -To -Enter EXHIBIT 0 Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined EX EBIT P Municipalities Within Two Miles E)Q-UBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District EXHIBIT R Proof of Filing with County Clerk or Recorder EXHIBIT S Permanent Man -Made Structures Rule 1.6.2(1)(b) ADDENDUM 1 - Notice Requirements (sample enclosed) Rule 6.5 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 6.5 and Rule 1.6.2(1)(h) of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required, or would like to schedule a pre -application meeting you rnay contact the Office at 301.866-3567. Responsibilities as a Perrttittee. 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 require art 1::tP.r! 13,013,w. Please read and initial each requirement, in the space provided, to acknowledge that you understand you: oblignooris. ff: xr do not understand these obligations then please contact this Office for a full explanation. I. Your obligation to reclaim the site is not limited to the amount of the financial waranty. You assume legal liability for all reasonable expenses which the Board or the Office may incl to reclaim the aft.euta'.and associate;, with yot r mining operation in the event your permit is revoked and financial warranty is forteitcd; -6- 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 modification 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; 1111. tr 6. Upon permit issuance and prior to beginning onsite 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; b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land Reclamation Board; and, c. the permit number. 1,;) 1-• 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 the provisions of the Act and the Construction Material Rules and Regulations in effect at the time the permit is issued. tt ,' 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 monitoring 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 of July 1, 1995, the annual fee is for the period of July I, 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 ioint venture/partnership operators: the signing representative is authorized to sign this document and a pouPr of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this application. Permit Condition: A reportable spill is a spill of any toxic or hazardous substance (including spills of petroleum products) within the mined land permit area reportable to any Division of the Colorado Department of Public Health and the Environment, the National Response Center, the Colorado Emergency Planning Commission. any local Emergency Planning Ccrnunission, local Emergency Planning Committee, or the State Oil Inspector. The Mine Operator shall notify the Division of Minerals and Geology (DMG) of a reponabie spiii within the mined land permit area using the same timeframe required by the permit, license, notice, statute, rule or regulation governing the reporting of the spill to the other app:opre,ate agency. Notice of a reportable spill shall be FAXcd to: Minerals Program Supervisor, Division of Minerals and Geology, FP.X (303) 832-8 : GFS. The FAX shall include. a call-back number of a responsible company official for DMMG staff to use as a contact. -7 - NOTE TO C.,OMMENiORSJOBJECTORS: It is likely there will be additions, changes, and deletions to this document prior to final decision by the Office. Therefore, 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 Land Reclamation Board and Office's review and decision or appeals process, you may contact the Office at (303) 866-3567. Cortication As an authonzcd representative of the applicant, I hereby certify that the operation described has met the minimum requirements of the following teens and conditions. 1 To the best of my knowledge, all significant, valuable and permanent man-made structure(s) inexistence at the time this application is filed, and located within 200 feet of the proposed atTected 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)(0, 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 34.315-120, CR S.) as determined through a Board finding. 4. !understand that statements in the application are being made under penalty of perjury and that false statements made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8.503, C R S This faint kat ken approved by the Mimed Land Reclamation Board pursmant to section 34.32.5.112,CRS, of the Colorado Land Reclamation Actfor the F action of Contraction Materials Any alteration ormodlj%donedit form shailroad hrvoiding any permit Lowed on etre altered or nwd lied form rued subject the operator to cease and desist order: and civil penalties for ap'eraei>'rg week owl a permritpur:uant to section 34-32.5-123, CRS Signed and dated this - day of t I & -i--- 2006 . Silt Sand & Gravel, LLC If Corporation Attest (Seal) Applicant/Operator or Company Name Signed. j//LA i�� � 1� Il J 'e ; r Signed: _ fJ Corporate Secretary or Equivalent Title. ^ —r Town/City/County Clerk State of O�' L`' ) as County of t:, -- `-'ti L 1 The foregoing instrument was aeknowledged before me this ••••:;2;-)- by 2 by , as f'l' f t 7-, V crt .I ,_ •- ,c L {• My Commission expires: ;'' �;.. • �+ S ATUAES MUST BE IN SL UE INK M `rr noiicV.nfmraCni.anstu+n I:2 dm (4 4bvaG O51t'l:2COi) day of✓(,;r� ?C of 5; ,�'7 Notary Public Banks and Gesso, LLC introduction Silt Sand & Gravel LLC is submitting this application to the Colorado Mined Land Reclamation Board for a Construction Materials Regular 112 Reclamation Permit to operate a sand and gravel mine to be called the Grand River Park Project. Silt Sand & Gravel LLC seeks to permit 163 acres. Of that permit area, approximately 110 acres will be mined for construction materials. . The current land use at the Grand River Park Project site is rangeland. Historically, the site was used for pasture and some hay production. Due to economic and practical conditions, the site proved difficult to maintain as a viable ranch or farm. For example, reliable production of hay on the site is difficult due to extremely rocky soils, with some places exposed to alluvial sand and gravel and no overlying topsoil layer. There are two ditches that run across the site, the Last Chance Ditch and the Rising Sun Ditch. There are also overhead power lines running adjacent to and through the property boundaries, and an underground phone line running along the western edge of the property. Gypsum Ranch Co., LLC is the owner of the property that is to be included in the permitted area. Silt Sand & Gravel LLC has a lease agreement with Gypsum Ranch Co., LLC to mine on the property. According to the plans submitted as part of this Regular 112 Permit application, the Grand River Park Project would be mined in phases, progressing generally from the east to the west of the site. The operation would involve dewatering to expose and dry out aggregate materials, on-site sorting and processing, and asphalt and/or concrete manufacturing as appropriate to market conditions and subject to other permitting. Presently, the applicant has installed three monitoring wells on the site to determine baseline ground water levels and potential ground water impacts on the property. The proposed post -mining land use is recreation. The operator will stabilize soils and establish vegetation, preparing reclaimed land in accordance with Mined Land Reclamation standards. Concurrent reclamation techniques will be used to make Cjr,n ; River Pari Project :fit �r d & GravrA LLC 2 May ,x;;O6 Banks and Gesso, LLC previously mined areas suitable for release as mining activities progress westerly across the site. This plan envisions incremental release of reclaimed areas to be coordinated with potential recreational interests. Installation of additional recreational infrastructure and detailed planning are not an operator responsibility and will occur following release from the 112 permit. The operator commits to restoring the site to a stable, appropriate post -mining condition. gra :v ,-.rrPr Park P 05C)21 7I, Sr5d & Gra;ei 3 Banks and Gesso, LLC Exhibit A— Legal Description The Grand River Park Project site is described as the W 1/2 of the SW 1/4, NW 1/4 of the NE % of the SW'/, SE 1/4 of the SW %, S 1/2 of the NE 1/4 of the SW %, NE 1/4 of the NE 1/4 of the SW %, the West 10 acres of the W % of the S % of the SE 1/4 and part of the NW 1/4 of the SE 1/4 of Section 9, Township 6 South, Range 92 West, 61h P.M., Garfield County, Colorado. The proposed entrance to the site is located on Garfield County Road 346 at 39°32'03.63" North latitude and 107°40'17.04" West longitude. r;i ,er Fail: Arc;(:ct 5.t Sand '& 2•.rc1 LLC 4 rv;a, 27,06 Banks and Gesso, LLC Exhibit B Index Map See following page. Park ProjecA -Sa:id Cr:wie] !LC itA;c1 2006 E • 61 AP IC S•cAL ';, , (i1 PEr;) �. 1 1 incl}-?2Qt• SU8JECT s r LOC+ TEDZTi SECTION $, TOWN514 &S, RANGE 921/21 Cf THE AT11,P.M. r • If "lir�'f •1� • PREPARED BY: APPLICANT: • EXHIBIT B: INDEX MAP PROJECT: ❑❑ BANKS AND 9ESSO,LLC. ❑❑ 720 1C01.7246 ST., SUITE 117 LAKEWOOD, COLORADO 80215 (303) 274-4277 SILT SAND & GRAVEL L.L.C. 0304 HIGHWAY 133 CARBONDALE, CO 81623 (970) 963.2296 GRAND RIVER PROJECT DM& 112 PERMIT APPLICATION BARFIE.D COUNTY COLORADO JOB NO DATE SCALE DRAWN BY DESIGNED BY APPROVAL REV SHEET 05021 8!21/06 1'=2000' DRF 1 Banks and Gesso, LLC Exhibit C — Pre -mining and Mining Plan Maps of Affected Lands The following maps are included: Exhibit C-1: Pre -Mining Plan Map Exhibit C-2: Mining Plan Map C�rh,c: River Park Project 05C21 5V'I a�.d ,i Gr ve LLC 6 •Y :[O.A3 Banks and Gesso, LLC Exhibit D — Mining Plan Overview Silt Sand & Gravel wishes include 163 acres in the permit boundary, of which approximately 110 acres will be mined. Accessory facilities, such as an office in the former residence on the property, are incorporated into this Mining Plan (see Exhibit C). The reclamation of the property will be done concurrently with mining as mining progresses generally north and west. For planning purposes, the market for construction materials from the proposed resource is 500,000 tons per year. Phase Mined Acreage Years to mine* 1A 1.72 acres 0.10 18 26.42 acres 2.50 2 16.86 acres 1.75 3A 39.50 acres 4.00 38(1) 15.36 acres 1.75 38(2) 10.30 acres 1.00 TOTAL 110.16 acres * Subject to market conditions ** Phase 3B includes (1) area to be mined and processed on-site and (2) area to be mined and pit run hauled atter processing equipment is removed Description of Overburden, Deposit and Underlying Stratum Topsoil on the proposed reclamation permit site is highly variable, consisting of a dusting of soil in some eastern reaches of the site up to 48 inches of topsoil cover in other locations. The alluvial deposit consists of sand and natural gravel, as well as larger unconsolidated stone material. Other than topsoil in limited areas, no significant overburden covers the deposit. Mining Methods The proposed method of mining is surface extraction, typical of shallow alluvial deposits. Due to the presence of groundwater in the deposit, dewatering, as detailed below, is R; n r P rk Pro ect 5 X21 5. ; 5ald Gravel LL.. 7 My 2,106 Banks and Gesso, LLC indicated to facilitate the efficient recovery of sand and gravel. Mining will progress in phases, as described below. Prior to commencement of production mining, topsoil will be stripped prior to mining in each phase. The Phase 1 mine area has little to no topsoil. Topsoil recovered in both the Phase 1 and Phase 2 areas will initially be used to build screening berms in the two areas along the southern boundary of the permit area with adjacent residences (see Exhibit C-2). Specifically, six-foot high screening berms will be placed along the southeast side of the Phase 3B mining area and along the west side of the Phase 2 mining area. Excess topsoil, including any topsoil recovered in the Phase 3 areas will be transferred to areas undergoing concurrent reclamation. Based on these plans, no significant stockpile footprint will be necessary for topsoil resources. Construction materials will be extracted and moved on-site with excavators, front-end loaders, and off-road haul vehicles. Mining limits will be at least 25 feet from the permit boundary, utility easements and top bank of ditches, and 50 feet from the 1-70 right-of- way. Mining limits in the northeast part of the site will be at least 200 feet from the Colorado River. The intent of these setbacks is to ensure the stability of structures in the vicinity throughout the course of mining and reclamation (see Exhibit S for further discussion). Phased Mining and Processing Phase 1 commences with topsoil stripping as needed. Mining will be initiated at the northwest corner of the Phase 1 mining area, creating a sump area for dewatering operations.. The sump area is intended to retain pumped water for clarification and eventual discharge, or for controlled re -distribution to wetland areas to maintain soil moisture. Once the sump is operational, as needed, the direction of mining within Phase 1 will generally move south, from the working face nearest the property boundary to the west. The processing plant, including screening and crushers to be used during mining in Phase 1 and 2 will be located in the lower part of the Phase 3 mining area, as shown on the Mining Plan Map (Exhibit C-2). Reclamation will begin in areas within Phase 1 within one year of the completion of this phase of mining. G: ,d ;iR",,, Pr Park Project • 05021 Sc. Sans & Grave; LLC 8 May 2CiC6 Banks and Gesso, LLC Mining in Phase 2 will start with stripping and stockpiling of topsoil and overburden as needed. Mining will start in the southern part of the area and move northward. After reserves have been depleted in Phase 2 and prior to the depletion of the Phase 3A mining reserve, the processing area located in Phase 3A will be moved to the location in Phase 3B, as shown on the Mining Plan Map. Mining in Phase 3A will start with stripping and stockpiling of topsoil and overburden, as needed, in areas to be mined. Mining in this.area will begin on the northeast side and move southwest. Reclamation will begin within one year of completing mining in this sub -phase. Mining in Phase 3B will proceed in the same manner as other areas, with the general direction of mining from south to north. The reserve underlying the Phase 3B processing area will be the final area to be mined. The plant located in this area will be moved off-site, allowing for the efficient recovery of all sand and gravel reserves within the permit area. The remainder of pit run material recovered in Phase 3B will be processed off-site. Mining Slopes Assuming limited amounts of overburden are available for backfilling, the operator will mine the property creating slopes of, on average, 2.5H:1 V. The operator will not be limited to mining to approximate reclamation slopes in the event that backfill material is generated in sufficient quantities to facilitate recovery of construction materials within the cross-section of the slope to the pit bottom. Mining to near -vertical slopes will be permitted where backfill materials are available for reasonably contemporaneous placement along mined slopes. Final sculpting of reclamation slopes at 3:1/2:1, in accordance with Construction Materials Rule 3.1.5(7), may occur at the time of mining or with concurrent reclamation. Grand F?I'+tgr Park f feet/ 051)21 Sand & Gravel LLC 9 May 2CC6 Banks and Gesso, LLC Earthmovinq Operations and Maximum Disturbance Vegetation and plant growth medium will be cleared and salvaged, respectively, prior to. mining. Topsoil, as available, will be used to construct 6 -foot screening berms in selected locations. Standard equipment, including excavators, backhoes, loaders, and haul trucks will be used in earthmoving operations at the Grand River Park Project. Site disturbance will be minimized through the phasing plan, as described above, and concurrent reclamation. Based on the work methods and schedule, the operator will commit to disturbance of no more than 60 acres at any one time. Dewatering The Grand River Park Project mining areas will be equipped with pumps to allow for dry - mining. Water impacts associated with dry -mining are discussed in Exhibit G. With the active mine areas dry, a variety of mining equipment will have access to the pit floor. Given only partial dewatering, mining methods will be accordingly adapted to accommodate wet working areas and wet material. Should the pit floor remain wet, an excavator would remain at the pre -mining ground level and progressively work the mining footprint backward. In this scenario, wet pit run would be temporarily placed on the immediately adjacent existing ground surface to allow for moisture to run off and evaporate. After sufficient drying time, a loader would remove pit run materials and the temporary drying areas would then be subject to recovery of aggregates. This progressive, two-stage mining method would be used in circumstances where groundwater pumping is limited due to on- or off-site 'constraints. This plan is intended to accommodate the continued delivery of water from the Last Chance Ditch and the Rising Sun Ditch to users north of the mining area(s). Ditch laterals are maintained under the Exhibit C Mining Plan and may be adjusted or eliminated as appropriate to provide necessary water conveyance. G .and R.er Park Project 05021 Silt Card LLC 10 May ::;06 Banks and Gesso, LLC Primary and Secondary Commodities The primary commodities to be mined are sand and gravel. These are expected to be used for road bed material and other construction aggregates. There is no secondary commodity. As a matter of record, asphalt and concrete production may occur on-site (see Exhibit C), but such operations would involve the mining of no additional commodity. Incidental Products There are no incidental products expected from this operation. Explosives Explosives will not be used in this proposed operation. Pa:.( Project 65021I LL.0 11 f',{ay 2( v'h Exhibit E — Reclamation Plan Also refer to Exhibit F: Reclamation Plan Map. Banks and Gesso, LLC Overview The post -mining use of the Grand River Park Project will be recreational land, covering the 163 acres of permitted area. Reclamation calls for stabilization and cover of disturbed areas in accordance with standards to accommodate the recreational post - mining use. The permit area will be reclaimed using concurrent reclamation techniques, with the potential to release and/or dedicate future recreational land to the Town of Silt in stages. Topsoil Preservation Topsoil stripped prior to mining will be stockpiled separately from overburden as screening berms around the permit boundary, or within the pit area, and will be preserved by a temporary seed mix until ready for placement on the surface. Reclamation Process Reclamation will consist of establishment of contours, re -spreading and any amendment of plant growth medium, seeding and planting, and management prior to release. Final Grading Final proposed contours in mined areas are shown on the Reclamation Plan Map (Exhibit F). In general, contours in mined areas will, conforming to Rule 3.1.5(7), descend at 3H:1V from the top of slope to groundwater at approximately 5 feet and then at 3:1 for an additional 10 feet below the groundwater level. Scopes of 2H:1V will be formed from 10 vertical feet below groundwater to the reclaimed pit floor another 10 vertical feet below the transition to 2:1 slopes. The pit floor will be a continuous surface at the bottom of slopes, approximately 25 feet below the original ground surface or 20 feet below the anticipated groundwater level. Excavation equipment will be used to establish most contours on cut material. Where contours are established with backfill, mechanical compaction will be used to ensure stable side slopes. Grand Prier Path Project .-)5021 Sift Sand c, Gravel LLC 12 Banks and Gesso, LLC Topsoil Replacement Topsoil will be re -distributed across the site on all disturbed surfaces above the anticipated normal water line. A plant growth medium of at least 4 inches will be provided in the reclaimed condition. Final grades will be established by disking or other mechanical preparation to ensure mixing of soil horizons and adequate opportunity for seed contact. Revegetation Seeding will be as suggested by the National Resource Conservation Service. Please see Attachment A for a letter from NRCS regarding recommended methods and rates of seeding as well as time of year for seeding and planting. The applicant commits to implementing these recommendations. The site will be seeded in the fall or at any time of year with straw mulch or its equivalent. The seed, mix shall be in accordance with the Natural Resource Conservation Service recommendations for the area, listed below. Seeding will be done by a seed drill, with a drill spacing of 6-12 inches, at a planting depth of % to'/ inch. Broadcast seeding shall be an option at twice the seeding rate listed in the table below. Seeded areas may be mulched with straw or hay mulch, if needed. In general, wet conditions and loamy substrate on the site are conducive to plant growth. The operator will monitor vegetative establishment to identify areas of the site that may benefit from soil amendment. Maintenance The topsoil will be maintained following recommendations of the NRCS. Use of the reclaimed area will be restricted prior to release to facilitate the establishment of vegetation. Mowing in each phase will be performed for at least 2 years following seeding to help establish regenerating stands of grasses and to control weed infestation. Fertilizer will G[;1f.J Riser Park Project 0.3;21 !;.'r(1 d Craiel LLC 13 May i_;€ Banks and Gesso, LLC be applied to areas of the site where poor nutrient availability is indicated by a failure of seed to become established. Weed Control Plan Noxious weeds will be controlled following the Colorado Noxious Weed Management Act and Garfield County Weed Department recommendations. Eight species are designated for management by Garfield County Weed Department. Weeds subject to control are listed below (not all of which are found on the property): • Leafy Spurge (Euphorbia esula) • Russian Knapweed (Acroptilon repens) • Yellow Starthistle (Centaurea solstitialis) • Plumeless Thistle (Carduus acanthoides) • Houndstongue (Cynoglossum officinale) • Common Burdock (Arctium minus) • Scotch Thistle (Onopordum acanthium) • Canada Thistle (Cirsium arvense) • Spotted Knapweed (Centaurea maculosa) • Diffuse Knapweed (Centaurea diffuse) • Dalmatian Toadflax (Linaria genistifolia) • Yellow Toadflax (Linaria vulgaris) • Hoary Cress (Cardaria draba) • Salt Cedar (Tamarix ramosissima, Tamarix parviffora)* • Oxeye Daisy (Chrysanthemum leucanthemum) • Jointed Goatgrass (Aegilops cylindrica) • Chicory (Chicorium intybus) • Musk Thistle (Carduus nutans) • Purple Loosestrife (Lythrum salicaria) • Russian Olive (Elaeagnus angustifolia)* (' species are known to be in the vicinity of the property as identified by NRCS) Weeds will be managed by appropriate cultural, biological and chemical controls or combinations thereof. The operator also plans to monitor the site for any new weeds i:I-er Parr. 1r;e l lit Sand G Gravel LL G 14 iy 206 Banks and Gesso, LLC that may become present on the site and take appropriate actions to control the spreading of those weeds. Seed Mix The seed mix will be done as follows, based on recommendations from the NRCS. Please see Attachment A for a letter from the NRCS regarding suggested seed mixes. Table E-1: Temporary Seed Mix for Topsoil and Overburden Berms and Piles Common Name Grasses Variety Seeding Rate in PLS (lbs/acre) Crested wheatgrass Norden or Hycrest 3.0 Russian wildrye Bozoisky-Select 5.0 Table E-2: Permanent Seed Mix for Final Reclamation Common Name Grasses Variety r PLSIAc to Use ' Seeding Rate 'in PLS (lbs/acre) ' Percent of Mix (/o) Alkali sacaton Salado 1.5 0.3 20 Inland saltgrass 3.0 0.5 15 Western wheatgrass Arriba 16.0 3.2 20 Bottlebrush squirreltail 9.0 0.9 10 Bluebunch wheatgrass Golder 12.0 2.4 20 Muttongrass 1.0 0.2 15 TOTALS 42.5 7.5 100 �F1d t' ier Pae.i Project ;,'t Cann' A Gravel LLC 15 C5.21 Banks and Gesso, LLC Exhibit F — Reclamation Plan Map See map insert. Crarcj F i•;er Pai< Pro; Gruvei LLC 16 ;2 May 2Gu1, Banks and Gesso LLC Exhibit G - Water Information Overview The Grand River Park Project is an alluvial deposit located within the floodplain of the Colorado River. Based on initial water level measurements, monitoring wells and test pits at the proposed reclamation permit site show an average groundwater elevation 5 ' feet below the land surface across the site. By its nature, recovery of the alluvial deposit may have effects on surface and subsurface water systems. Based on standard practices, no adverse quantitative or qualitative effects to surface waters are expected to result from the proposed Grand River Park Project. Groundwater effects will be mitigated to prevent adverse impacts. Water Requirements Water demand at the proposed construction materials operation will be generated by (a) worker demands for potable water, (b) dust control, (c) revegetation establishment, (d) process water (e.g., aggregate washing), and (e) augmentation or temporary substitute supplies for depleted waters subject to appropriation. Water demands on the site are estimated to total 47.2 acre-feet per year, given a working season of 240 days maximum. Potable and sanitary uses for an estimated 10 on-site employees will require approximately 0.1 acre-feet per year (33,000 gallons). Dust control and irrigation water for revegetation create a collective annual demand of approximately 10 acre-feet (3,260,000. gallons), accounting for use of approximately 10,000 to 15,000 gallons on each working day at the mining site. The dust control and irrigation demands are linked based on operator experience that dust control demand peaks while reclamation is still in early stages and drops off as operations shift to a focus on reclamation; the two water applications generally amount to a steady demand. Process water, assuming a 90% recycle rate, is anticipated to require an input of 30,000 gallons per operating day, or 22.1 acre-feet per year. Finally, depletion of groundwater is subject to further study. Based on exposed groundwater surface at maximum disturbance and anticipated losses, the applicant conservatively estimates an augmentation (or TSSP) requirement of 15 acre-feet per year. C 3r.d Fiver Park Project Silt Sanr.! & Gravel LLC 17 C 21 May .GG6 Banks and Gesso, LLC Exhibit H -. Wildlife Information The proposed reclamation permit site is a degraded pasture with some developed areas for defunct farming and ranching activities. As a result, the condition of the site is generally conducive to wildlife migration and light foraging, but it does not contain any significant values as a wildlife resource. The Grand River Park Project contains a fringe area including the Colorado River riparian corridor. However, this fringe is proximate to the embankment for the Interstate 70 bridge over the River and appears to have been heavily disturbed at some point in its history. A review of the Wildlife Habitat Profile Map, Garfield County, Colorado, indicates habitat of the following species may be present on the subject site: • Elk • Mule Deer • Black Bear • Bald Eagle* • Golden Eagle • Canada Goose • Other Stream Fish The bald eagle is the only listed Threatened or Endangered Species with potential habitat on the site (currently proposed for de -listing). Eagles have been observed in the vicinity but not specifically nesting or roosting on the site. In any event, mining will be setback at least 200 feet from the Colorado River, where the canopy of Cottonwood trees presents the greatest possibility of bald eagle activity. This project is not anticipated to affect the bald eagle. In general, the mining operation will have no extraordinary effect on wildlife during the proposed operation. Site disturbance will be limited and mitigated by design to areas in the immediate vicinity of sand and gravel extraction and processing. Gr..n elver Park Proj�•ct CLW -)21 �ilt and E gavel LLC 20 May 2005 Banks and Gesso LLC Following reclamation, the site will be generally suitable for wildlife uses similar to the pre -mining condition, though with no specific wildlife function as a condition of reclamation. The creation of groundwater lakes may have some effect to enhance fisheries for avian predators. New aquatic and riparian habitat may also enhance general wildlife functions in the vicinity of the Colorado River. Y<ivef Par?. Frojrc1 Silt Sand & crave; LLC 21 r 26(..;6 Banks and Gesso, LLC Exhibit 1— Soils Information Please refer to Exhibit C-1: Pre -Mining Map for mapped USDA soils. There are four types of soils present within the proposed permit boundary. All of these soils are suitable for reclamation activities. The four types are Arvada loam, Haiaquepts, Kim loam and Wann sandy loam. Descriptions of these soil types are found below from the NRCS Soil Survey for the Rifle Area, Parts of Garfield and Mesa Counties. 3—Arvada loam, 1 to 6 percent elopes. This deep, well drained, sloping soil is on fens and high terraces (fig. 4). Elevation ranges from 5,100 to 6,200 feet. This soil formed in highly saline alluvium derived from sand- stone and shale. The average annual precipitation is about 12 inches, the average annual ak temperature Is about 46 degrees F, and the average frost -free period is about 120 days. Typically, the surface layer is strongly alkaline or very strongly alkaline, pale brown loam about 3 inches thick. The subsoil is brown silty clay loam about 14 inches thick. The substratum Is light brown or brown silty clay loam to a depth of 60 inches. Included with this soil in mapping are small areas of Limon, Kim, Heldt, and Wann soils. Also included are some soils that are high in silt. Permeability is very slow, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Organic matter content of the surface layer is low. Surface runoff Is medium, and the erosion hazard is moderate. This soil is used mainly for wildlife habitat, limited grazing, and some irrigated farming. Irrigated crops produce very poorly because the soil takes water in very slowly and Is droughty. Leaching is needed to remove excess salts If this soil is to be irrigat- ed. Soil amendments containing sulphur are helpful in leaching the salt. The native vegetation on this soil is mainly saltgrass, alkali sacaton, and greasewood. When range condition deteriorates, torbs and shrubs increase. Properly managing grazing maintains and im- proves range condition. Seeding improves range in poor condition. Western wheatgrass, alkali sacaton, and tall wheatgrass are suitable tor seeding. Preparing a seedbed and drilling the seed are good practices, Irrigat- ing new seedings is necessary for successful establish- ment. Reducing brush improves the range if the grass understory is adequate. Cottontail rabbit and pheasant find shelter on this soil if they can obtain food In surrounding areas. Use of this soil for sanitary facilities, tor community development, and as a source of construction material is limited by the high shrink -swell potential, slow permeabil- ity, clayey textures, and salinity. This sol is in capability subclass Vlis, irrigated and raonirrioated. 27—Helaquepts, nearly level. This broadly defined unit consists of deep, somewhat poorly drained to poorly drained, nearly level and gently sloping, sal -affected soils in narrow foothill valleys, on fans, and on Ipw ter- races, Slopes are 0 10 6 percent. These soils formed in alluvium. The soils are extremely variable. The upper 24 Inches ranges from loam to clay, and the underlying layers are generally gravelly, The soils are commonly gleyed from the surface down. Stratified sand. gravel, and cobbles are at a depth of 24 to 40 inches. In some areas, gravel and cobbles are at or near the surface. Included with these soils in mapping are small, isolat- ed areas of Arvada, Limon, and Heldt soils that have slopes of 1 to 6 percent. Small areas of severely alkali - affected soils are identified by an alkali spot symbol. These areas make up 10 10 16 percent of the map unit. The water table. is at or near the surface at times, mainly during spring and summer. The level of the water table is strongly influenced by the seasonal water level in nearby streams ,and rivers and higher lying irrigation ditches, Water seeps from the ditches into these soils. These soils are sub)ect to rare or occasional flooding. This unit is used mainly tor grazing. Some hay is grown In areas drained by ditches. Yields are bow because of saline condition. Alkali -tolerant grasses and legumes must be grown for productive hay and pasture. The native vegetation consists of willows, tamarisk, cottonwoods, and alkali- and water -tolerant grasses. Game blyds, rabbits, deer, end other wildlife find habi- tat on these soils. Ducks and geese nest in the more swampy areas. Mourning doves nest in the cottonwoods and tamarisk. Rabbits and deer find adequate food and cover on these soils. Where the soil has been drained and is suitable for hay and pasture, planting food plots. trees and shrubs, and nesting cover enhances habitat for upland wildlife. Where the water table is high, open water for waterfowl can be developed try blasting or excavating. Community development is limited by flooding and depth to water table. Onsite investigation is necessary for appropriate design and construction to overcome these limitations. These soils are in „apability subclass Vlw, nonirrigat- ed. Grind 'over Pa i< Project Silt Soria j Gravel LLC 22 Ga'j2 t ;,ray 2006 Banks and Gesso, LLC 40—Kim loam, 3 to 6 percent elopes. This deep, well drained, gently to sloping soil is on alluvial fans and benches. Elevation ranges from 5,000 to 6,000 feet. This soil formed in alluvium derived from shale and sand- stone. The average annual precipitation is about 12 inches, the average annual air temperature is about 46 degrees F, and the average frost -free period Is about 125 days. Typically, the surface layer is yellowish brown or light yellowish brown loam about 17 Inches thick. The under- lying material is light brownish gray loam to a depth of 60 inches. In places the underlying material is stratified with fine sandy loam. Included with this soil In mapping are small areas of Arvada and Olney soils that have slopes of 3 to 6 per- cent. These areas make up 5 to 15 percent of the map unit. Permeability is moderate, and available water capacity is high. Effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is moder- ate. This sol is used mainly for crops, hey, and pasture. Altelia, small grains, and grass or grass -legume mixtures are grown. This soil Is Irrigated by flooding or furrows. Sprinklers are also suitable, Drop structures in ditches control water and prevent excessive ditch erosion. The native vegetation on this soil Is mainly wheat - grasses, needleandthread, and sagebrush. When range condition deteriorates, forbs and shrubs increase. When the range is in poor condition, undesira• ble weeds and annual plants are numerous. Properly managing grazing maintains and improves range condi- tion, Reducing brush Improves the range. Seeding im- proves range in poor condition, Crested wheatgrass, western wheatgrass, and Russian wildrye are suitable for seeding. Preparing a seedbed and dolling the seed are good practices. Cottontail rabbit, ground squirrel, and pheasant find habitat on this soil. Use of this soil for community development and as a source of construction material is limited by low strength. This soil is in capability subclasses Ille, imgated, and IVc, nonirrigated. 72—Wann sandy loam, 1 to 3 percent slopes. This deep, somewhat poorly drained, nearly level to gently sloping, low-lying soil is on terraces and bottom land in valleys. Elevation ranges from 5,000 to 6,500 feet. The soil formed in alluvium derived primarily from sandstone and shale. The average annual precipitation is about 12 inches, the average annual air temperature is about 48 degrees F, and the average frost -free period is about 120 days. Typically, the upper part of the surface layer is dark grayish brown sandy loam about 8 inches thick, and the lowar part is dark grayish brown fine sandy loam about 4 inches thick. The upper part of the underlying material is mottled, light brownish gray fine sandy loam and sandy loam about 24 inches thick, and the lower part is mottled light brownish gray coarse sandy loam to a depth of 60 inches. Included with this soil in mapping are small areas of Kim and Arvada soils and Torrifluvents. These soils have slopes of 1 to 3 percent. These areas make up 5 to 18 percent of the map unit. Permeability is moderately rapid, and available water capacity is high. Effective rooting depth varies with the level of the water table but is usually about 2 fee:. Surface runoff is slow. air' Via erosion hazard is moder- ate. Depth; to the wa'.er sable ranges from 2 10 3 feet. The level of the water table varies with the amount of irrigalion water applied tr ::tis scii ar„ .suriounding soils. Water pords in spring. This soli IS ac0as:ur.31tp flo7dsi. for brief periods between Apni and Jul?. 'hie 7.,oi1 used mainly to; ,,nazi-:':, Nit's: or legur;..- Tile drains drains and improved water manor_;men1 increase the potential foil crops. This soil is usaalr,• irr'gatav b, iurrows or flooding. Sprinklers are also mini. sated. The native vegetation on this soil is mainly alkali SE s - tor,. sallgrass, wheatgrass, sedges. and rebbilbrusr When range condition deteriorates, shrubs. an. sal - g. -ass iccrees:. 1Nheit the range :s in poor condlttor undesirable weeds and annual plants are aburden.,.. Properly managing grazing maintains and improves range condition. Alkali sacaton and western wheatgrass are suitable. for seeding. Preparing a seedbed and drilling the seed are good practices. Controlling brush improves range that is producing more woody shrubs than is nor- maliy found in the potential plant community, bul care should be taken 10 leave stands of fourwing saltbusr,. Mourning dove, ground squirrel, cottontail rabbit, and some pheasant find habitat on this soil Community developmeni is limited by a high water table, seasonal flooding, seepage, and frost heaving. Drainage increases potential '•or various uses. This sofl is in capaoility suhciassos IVw, irrigated, and Viw, nonirrigated. G ,.nil F'v r Park Prcjoot Slit Sand 1 Cra./ I LLC 23 051:21 May 2:06 Banks and Gesso, LLC Exhibit J — Vegetation Information Please reference Exhibit C-1 regarding the distribution of soils across the site. Due to the agricultural history of the site, the distribution of vegetation on the site is not strongly correlated with the soil mapping on Exhibit C-1. The majority of the site is degraded pasture. Wheatgrass, timothy, and clover are prevalent in these degraded pasture areas. Sagebrush shrubland, dominated by big sagebrush, is also present at the fringes of degraded pasture areas. Two other vegetation types exist on the site, namely the Cottonwood -dominated riparian area at the northeastern fringe and wetland/wet meadow areas located as depicted on Exhibit C-1. Wetland areas range dramatically in quality, with some low productivity cattail areas in the western half of the site, and palustrine wetlands in other depressional areas. Gran: 12ip.er Park. P; );.ct Sii' -Sand P. (.3ra.:e.ILLC 24 05021 May 2G0F..; Banks and Gesso, LLC Exhibit K - Climate The Rifle, Colorado monthly climate summary for the 1910-2005 period of record is provided in the following table: Period of Record: 9/9/1910 to 9/30/2005 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual Average Max. 36.8 43.8 53.7 64.2 74.0 84.0 90.2 87.6 79.4 67.3 51.4 39.4 64.3 Temperature (F) Average Min. 9.4 16.5 24.2 31.4 38.7 45.2 52.0 50.4 41.4 31.1 21.3 12.4 31.2 Temperature (F) Average Total 0.86 0.77 0.95 1.02 1.00 0.73 1.02 1.13 1.11 1.20 0.89 0.93 11.61 Precipitation (in.) Average Total 11.1 7.7 3.7 0.8 0.0 0.0 0.0 0.0 0.0 0.5 3.8 11.1 38.6 SnowFall (in.) Average Snow 4 3 0 0 0 0 0 0 0 0 0 2 1 Depth (in.) Data from Western Regional Climate Center, wrcc@dri.edu Note: Climate data for Silt, CO is not available so data is presented for the closet town with available information. Rifle is located approximately 8 miles west of the town of Silt. Gr;,r'J•; f i'.Er Park Priljecl S'+r,d LL., 25 JJ2i P:i;3y 2.705 Banks and Gesso, LLC Exhibit L — Reclamation Costs The cost estimate below is based on the maximum amount of disturbance that is planned for this operation. Item Amount Cost Total Backfill (assuming near -vertical recovery of 1,000 LF during max. disturbance, prior to concurrent reclamation) 35,000 CY $0.851CY $ 29,750 Topsoil Replacement (not including open water) (53 ac. @ 0.33 ft = 762,000 CF = 28,000 CY) 28,000 CY $0.85/CY $ 24,000 Reseeding, Fertilizing, Mulching 110 acres $800/ac. $ 88,000 Irrigation for establishment _ (5_mo. growing season 4.6 ac -ft $150/AF $ 690 Direct Cost $142,440 Mobilize/Demobilize Equipment (8%) $ 11,400 Insurance, Performance Bond and Profit (15%) $ 21,400 Engineering/Project Management (10%) $ 14,300 Total Cost $189,540 Grand itr,sr. Park Project 06021 Silt Sara & GraveE L C 26 May 2006 Banks and Gesso, LLC Exhibit M — Other Permits and Licenses Additional permits and approvals required for the Grand River Park Project are Listed below. • County or Town Zoning Land Use Approval • County or Town Floodplain Development Approval • Rifle Watershed Permit— The applicant has applied for a watershed permit from the City of Rifle to allow for mining activities within the Watershed District. • COPS State Discharge Permit/Stormwater Permit • Air Permits (APEN or other Construction Permit) • Road Access and Maintenance Agreements - An Access Permit will be obtained, if necessary, for access onto Local and/or state roads. • Substitute Water Supply Plan/Gravel Pit Well Permit • State Historic Preservation Office Clearance — Please see the results of a search of the Colorado Inventory of Cultural Resources in Attachment C. There are no historic sites present within the proposed permit boundary, and one survey was found to exist for areas along major highways in Colorado including 1-70. • U.S. Army Corps of Engineers 404 Permit and/or Nationwide Permit • Spill Prevention Control and Countermeasure (SPCC) Plan — The applicant will prepare and implement a Spill Prevention Control and Countermeasure Pian if, at any time, at least 1,320 gallons of petroleum products will be used, stored or handled on site. �r J i-Ziver Park Froiec! G:::21 it Sari & Gr -del LLC 27 May 2G 6 Banks and Gesso LLC Exhibit N — Source of Legal Right to Enter See attached Warranty Deed and Title Policy showing Gypsum Ranch Co., LLC as owner of the subject property. Also, attached is the Lease giving Western Slope Sand and Gravel the right to mine on the property, Gr an i Paver Pp.ns Prro)ect 05021 28 Ray 2O06 ASSIGNMENT WESTERN SLOPE AGGREGATES, INC., a Colorado Corporation, for good and valuable consideration, receipt of which is hereby acknowledged, hereby assigns to SILT SAND & GRAVEL LLC, a Colorado Limited Liability Company, all of its right, title and interest in and to that certain Gravel Property Lease dated September 6, 2005, by and between Gypsum Ranch Co. LLC, a Colorado Limited Liability Company, as Lessor, and Western Slope Aggregates, Inc., a Colorado Corporation, as Lessee. Dated this /0 +f day of May, 2006. WESTERN SLOPE AGGREGATES, INC. By William M. Roberts, President SILT SAND & GRAVEL LLC, a Colorado Limited Liability Company, authorized to do business in the State of Colorado, hereby assumes all obligations of the Lessee under the above -referenced Gravel Property Lease, Dated this ! � _ day of May, 2006. SILT SAND & GRAVEL LLC By L -c _L . 1`44 William M. Roberts, Managing Member GYPSUM RANCH CO. LLC, a Colorado Limited Liability Company, hereby acknowledges and approves this Assignment. Dated this / .? day of May, 2006. GYPSUM RAN II CO. LLC By Scat EaLornb. Manauer GRAVEL PROPERTY LEASE THIS INDENTURE, dated this 6th day of September , 2005 (hereinafter referred to as this "Lease"), by and between GYPSUM RANCH CO. LLC, a Colorado Limited Liability Company, whose address is P.O. Drawer 790, Glenwood Springs, Colorado 8I602 (hereinafter referred to as "Lessor") and WESTERN SLOPE AGGREGATES, INC., a Colorado Corporation (hereinafter referred to as the "Company"), whose address is 0304 Highway 133, Carbondale, CO 81623. WITNESSETH: In consideration of the mutual promises and covenants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Lessor, and on and subject to the terms and conditions provided in this Lease, Lessor hereby leases, lets and demises to the Company the Materials as defined herein, in, on and under certain real property situate in Garfield County, Colorado, described on Exhibit A attached hereto and made a part hereof (hereafter the "Property") and the exclusive right to sample, drill, and test for, develop, mine, quarry, extract, process, sell, use and remove them during the Term of this Lease, along with the right to locate and operate and/or sublease aggregate, asphalt and concrete plants and with associated easements as provided herein. An aerial photograph of the Property is attached hereto as Exhibit C on which the approximate pit boundaries on the real property are delineated (hereinafter referred to as the "Mining Area"). A survey of the Property and the Mining Area shall be made pursuant to Paragraph 12.A hereafter and the legal description attached to this Lease. 1, Definitions. a, Lease Year shall mean a period of one year beginning on the date which the Lease is executed by Lessor or on any annual anniversary thereof. b. Materials shall mean stone, sand and gravel and any overburden and valuable solid minerals, other than hydrocarbon minerals such as coal, oil, gas and associated liquid hydrocarbons, that are removed incident to sand and gravel operations hereunder and which are saleable and recoverable from the Mining Area in the course of such operations. c. Plant shall mean a portable and/or fixed facility for processing, storing, washing, sorting, handling, loading and shipping of Materials, along with ancillary facilities, and shall also mean a concrete or asphalt batch plant. 2. Reserved Propet-ty. Approximately 76.6 acres of the Property and 2.08 cfs of the Rising Sun .Ditch water right will riot be available for alining for a period of two (2) years, or the abandonment of said 76.6 acres by Donald J. Hants, or the death of Donald J. Hangs, whichever shall first occur. Said reserved property is described on Exhibit B attached hereto and made a part 11Lroaf 3. Terra. 'fh:_ Term of Ih.s Leers, shalt h an initial period of t'.':end, (2IG) l" 'l ' t 2 1r); :A i it II1. n '.1;e or, c 1L ..,: i clj- {. t � E' �.•�,�iC..r � . , � ill � 7 U September , 2025 ("Term"), Provided the Company is conducting commercial mining operations at the end of the initial Term, the Company may obtain an extension of the Tenn, subject to the same provisions set forth herein and for so long after the end of the initial Term as commercial mining operations continue on the Property, by providing written notice of such extension to Lessor prior to the end of the initial Term. Commercial mining operations shall be deemed to continue on the Property during such extended term unless there is a total cessation in extraction or processing operations of Materials from the Property for a period in excess of one (1) year. The period of any extension of the initial Term pursuant hereto shall likewise be considered to be within the Term of this Lease. 4. Sales Royalties. a. Subject to Paragraphs 3.b and 4 hereafter, the Company shall pay to Lessor for all Materials sold from the Property during each calendar month a royalty at the rate of (the "Base Royalty") within thirty (30) days after the close of such calendar month b. The royalty rate shall be adjusted every year on the first day of the Lease Year (the "Adjustment Date") and each subsequent Adjustment Date; provided, however, the adjusted royalty rate shall never be less than the Base Royalty set forth in Paragraph 3.a above. The adjustment shall be calculated by using the following method: The Base Royalty1:,.:;=79$ ; 4.w, shall be multiplied by a factor determined by subtracting the index published for the fifteenth (15th) month prior to the Adjustment Date from the index published for the third (3`a) month prior to the Adjustment Date and divided by the most recent index published as of December 31, 2004. The adjustment will be added to the Base Royalty rate of• coming Lease Year. to determine the royalty rate for the forth - The index means the Consumer Price Index, All Urban Consumers (CPI -U) published by the Bureau of Labor Statistics U.S. Department of Labor. Percent changes in CPI -U Indexes shall be calculated on data with base year 1982 = 100 until the BLS publishes data with a new base period. If the index just described or one .reasonably similar thereto is no longer published, then an index or adjustment accomplishing as nearly as practical the result which would have been obtained by using the CP1-U if it had been available shall he selected by agreement of the parties hereto, or if the parties are unable to agree promptly on such adjustment, by arbitration. e. The Coir.;tient: sI:: 11 r:cep and maintain adegnate and accurate records ot'the q.. antii.ies of :Materials ,: i,-ied a] . sold. "i ?: t -t'.,. aity ha}'rr.Lr,rs snail be ttccc;mparl ei1 b r:..onthhi statement `•t ith the ro' . 11.]:,t incltudes an accounting of the tons 01 Materials mined from the Property and sold or deemed sold pursuant to Paragraph 5.c hereafter for the month. Lessor shall have the right at all reasonable times during business hours and upon reasonable prior notice to examine such records of the Company at the offices of the Company and to verify the quantities of Materials removed and sold and the accuracy of the scales used to weigh the Materials. d. Materials "sold" or "deemed sold" for purposes of calculating royalties due shall mean Materials sold at retail sale and weighed at the time of departure from a retail sales facility of the Company. Materials "sold" or "deemed sold" shall not include Materials used by the Company in constructing, maintaining or repairing roadways on the Property or used in other areas on the Property or the construction of roadways and driveways or flood protection on or in connection with the Property, nor shall such terms include Materials brought onto the Property for use in recycling operations, nor Materials used on the Property for reclamation in accordance with the approved reclamation plan. Materials "sold" or "deemed sold" shall also not include tailings or washed fines. 5. Advance Royalty Payment. a. The Company shall pay to Lessor the sum of to maintain the Lease in effect for the period commencing on the date this Lease becomes effective until the end of the first Lease Year. Said payment shall made in equal quarterly installments, with the first installment due at the time the Property is annexed to the Town of Silt, and the second payment due ninety (90) days thereafter, the third payment due ninety (90) days after the second payment, and the fourth payment due ninety (90) days after the third payment. All such payments shall be deemed part of the "Advance Minimum Royalty Payment" ("AMRP"). All AMRP payments shall be non-refundable; provided, however, that in the event production and sale of Materials from the Property occurs prior to the termination of this Lease, then all amounts paid as AMRP shall be credited as an advance payment of and applied to reduce sales royalties otherwise due pursuant to Paragraph 3. ?“44-1._11,6, b. In addition to the initial AMRP paid or credited pursuant to Paragraph 4.a above, AMRP shall be paid at the annual rate of for each subsequent Lease Year that begins prior to the commencement of the production and sale of Materials from the Property. Said AMRP payment for a Lease Year shall be due quarterly on March 1, June 1, September 1, and December 1 and shall be non- refundable; provided, however, in the event the production and sale of Materials from the Property commences during the Lease Year for which an advance AMRP payment has been made, said AMRP shall be credited as an advance payment of and applied to reduce sales royalties otherwise due pursuant to Paragraph 3. c. For each Lease Year that begins after the commencement of production and sale of Materials from the Property, if the Company has not paid at least ' ; ; , 'a ; 7fi l ": +'r AA -ft. in royalty payments pursuant to Paragraph 3 above by the tenth (10`h) day following the end of such Lease Year, then the Company shall make an additional AMRP in the amount of the difference between the amount paid Amounts paid as AMRP pursuant to this Paragraph 4.c shall be credited as an advance :Ilq'.4'i'-Gats Calcor.t6, Scott Gil i Ran h Iia!`e>, Dur.ddWcsEent I._ascl,racef l.cayo? :vpJ Page 3 payment of and applied to reduce sales royalties otherwise due for future years pursuant to Paragraph 3, but in no event shall the total payments in any lease year be less than d. Upon termination ofthis Lease for any reason, the obligation to make AMRP payments shall likewise terminate except as to payments that became due prior to termination, e. During the term of this Lease there is no implied covenant or obligation of the Company to develop or mine the Property or to sell Materials. The Company may maintain this Lease in effect for the term of the Lease by making the annual AMRP described in Paragraphs 4.a and 4.b above. 6. Weighing of Materials; Commingling. For purposes of calculation of Sales Royalty due pursuant to Paragraph 3 above, quantities of Materials removed from the Property on which Sales Royalty is due will be measured as follows: a. Use of Scales. All Materials shall be weighed on a certified scale upon sale and removal from the Company's Plant site. If Materials on which Sales Royalty is due are mixed with non -excavated materials (for example, in case of mixing sand and gravel with water and Portland cement in the concrete batch Plant), then for the purpose of calculating the Sales Royalty, the weight of the Subject Minerals used in the mixture will be determined using the certified scales at the batch Plant that measure the weight of the materials that comprise the mixture and deducting the weight of the added non -excavated materials, if necessary. b. Scale Adjustments. Accuracy of the scale shall be checked and adjustments made at least as often as required to continue to be certified. Records of the accuracy check and adjustments shall be preserved and made available in the same manner as other records. c. Commingling. The Company may commingle Materials extracted from the Property with Materials extracted and removed from other properties, in order to fairly and properly allocate production between properties from which commingled Materials are extracted, the pit -run Materials extracted from each property shall be weighed prior to commingling on certified conveyor belts scales or feed conveyor belts upon removal .from the relevant property. Records will be kept as to the tonnages removed from each property, and the total production for each calendar month will be attributed to each property pro -rata, after adjustment of the total tonnage of pit run from all properties for washed fines and tailings pursuant to Paragraph 5.d below. Materials from one property added to a stockpile at any time during a calendar month shall be deemed added simultaneously and pro rata with Materials from any other Property. The quantity of material sold and removed from such stockpile shall be allocated pro rata for Sales Royalty purposes to each respective property. d. Allowance for Tuili,t,s. Tonnage For purposes of calculation of Sales Royalty shall be based on processed Materiak sold. If Materials are not being commingled from separate properties, then the tonnage sold shall he calculated pursuant to ParaL-raph .a above. 1):1:,;..2, 7. Water Augmentation and Dewatering. a. Lessor is the owner of the following water right: Approximately 3.00 cfs in the Rising Sun Ditch, (hereafter "Water Right'), which Water Right (except as set forth in this Paragraph hereafter) shall be provided to the Company for no additional consideration and may be used by the Company at its cost and expense towards satisfying the requirements of state law to implement Company's plans including, without limitation, the requirements ofCRS 37-90- 137(11). 7-90- 137(]l). During the term of this Lease, such Water Right may be used by the Company for any purpose, including the Company operations within the Property. In the event the Water Right is not sufficient to satisfy the requirements of state law, the Company shall be responsible for any additional water necessary satisfy such state requirements. Subject to the Company's approval of the terms of any substitute supply plan and/or augmentation plan and any modification thereof, Lessor shall be responsible for the preparation and approval of any substitute supply plan or augmentation plan necessary to compensate for all losses due to mining on the Property until mining is completed by the Company. The Company shall be responsible for the actual costs incur, �d by Lessor in the preparation and approval of any substitute supply plan and/or augmentation plan and permanent augmentation plan. Any permanent augmentation water right and any rights acquired by lease for the purpose of providing permanent augmentation water shall revert to Lessor at the termination of this Lease, and the Company shall be relieved of any responsibility for any ongoing costs and other responsibilities relating to the permanent augmentation plan following termination, which responsibilities shall be borne by the Lessor or its successors and assigns. b.. Lessor reserves the right to divert water at a location mutually acceptable to Lessor, the Company and the lessee of any oil and gas lease on the Property. Lessor shall be responsible for any substitute supply plans or augmentation plan approvals necessary to allow such diversions. 8. Operations. a, The Company shall conduct its operations on the Property, ifany, in a prudent and workmanlike manner and in accordance with good and accepted mining and business practices and in compliance with all applicable federal, state and local laws, rules and regulations, and all applicable permits. The timing, nature, manner and extent of mining operations, processing and sales shall be within the sole discretion of the Company, and the Company shall not be required to mine, preserve or protect in its operations any Materials that the Company determines, in its sole discretion, cannot be mined or sold at a reasonable profit to the Company at the time they are encountered. The Company shall have the right, but not they obligation, to remove, extract, process and sell any and all Materials that may be found within the Property during the Lease terra, or any extension thereof. without interference by Lessor except only as expressly stated herein. Pa4e b. The Company shall have the right to construct, maintain, and use roads, pipe lines, power lines, telephone lines, and stockpile areas and any right-of-way it deems necessary or desirable for its operations on the Property related to the Company's operations under this Lease. The Company shall have the right during the Terra of this Lease and without payment to Lessor (except for Sales Royalties payable pursuant to Paragraph 3 and AMRP payable pursuant to Section 4) to strip and remove overburden and otherwise to use and occupy the Property as is reasonably required in connection with mining, quarrying, extracting, processing (including tailings -washed fines storage facilities), storage, transportation, sale and removal of any Materials from the Property and from other properties on which the Company is conducting operations. Lessor agrees to cooperate with the Company with respect to any need for railroad crossings or spurs, power or other utility easements, acceleration/deceleration lanes, and similar matters reasonably required for raining operations. c. The Company shall have the right to construct and maintain Plants as well as sales facilities on the Property at a location selected by the Company, and Lessor agrees that the Company shall have full right of access for the constriction, use and maintenance of the Plants and sales facilities and for stockpiling Materials processed or to be processed, whether from the Property or from other properties on which the Company is conducting operations. The Company shall have the right to place washed fines in mined out designated areas at no additional cost to Company under this Lease. d. The Company must have Lessor's prior written approval of all permit applications, plans and designs of the Company, including but not limited to mine plans, operations, reclamation, permits and other plans of operations, which approvals shall not be unreasonably withheld, The Company shall comply with all of the terms of such approved permit applications, designs and plans of operations. All costs of preparation, processing and implementing said applications, plans and permits shall be borne by the Company ' without contribution by Lessor. e. Subject to the provisions of Paragraph 7.d above, Lessor hereby authorizes the Company, at the Company's expense and in Lessor's name without additional expenses, if required, to apply for zoning classifications, variances or exceptions, and governmental approvals, permits, licenses or rights related to and required for the Company's operations hereunder, and agrees to cooperate with the Company in obtaining such approvals and to execute or join in applications, plats and other documents that are required in connection with the operations that are contemplated under this Lease; provided, however, the Company shall provide bonds or other financial assurance for its operations, including for the restoration, reclamation or rehabilitation of the Mining Area, as may be required or advisable to obtain such permits and approvals. f. The Company shall control all noxious weeds within the Mining Arca, including Tamarisk and Russian Olives; provided that Lessor shall be responsible for controlling noxious weeds on any areas disturbed as a result of the activities of Lessor or lessees other than the Company. g. The Company shall plant any portion of the Property not being used for gravel mining purposes or not underwater in tall wheat grass and irrigate the same as necessary to ensure reasonable ground cover, except for areas in which farming or ranching operations are being conducted, which shall be the responsibility of the farm or ranch lessee. h. Lessor shall have the right in the future to continue ranching operations on the Property during the Term of this Lease, if and to the extent that those operations do not interfere in any manner with the Company's current or planned operations. Any renewal or extension of a farm lease, or any new farm lease shall be made expressly subject to the Company's rights hereunder, and the Company shall have no obligation to pay Lessor or any farm tenant for damage to crops. Lessor shall not enter into any new or extended farm lease without the Company's prior written consent, which consent shall not be unreasonably withheld. Lessor and any farm tenant shall have the responsibility to install and maintain fencing in order to prevent persons, farm equipment, and livestock from entering any portion of the Mining Arca where mining or reclamation activities are taking place. i. Subject to the Company's operations hereunder, Lessor reserves the exclusive right to use any portion of the Property outside the Mining Area for hunting, fishing, and recreation purposes. j. Lessor reserves the right to grant conservation easements on portions of the Property; provided, however, any such conservation easements shall not be within the Mining Area. 9. Oil and Gas Lease. The Property is subject to an oil and gas lease with Williams Production RMT Company. Williams Production RMT Company has assigned its interest in the lease to Antero Resources 11 Corporation (hereafter "Antero"). Neither said oil and gas lease nor this Lease shall be considered superior to the other provided both the Company and Antero observe the following limitations on their activities: a. All well pad locations, pipeline routes, and access roads thereto used by Antero shall be as depicted in Exhibit B. The Company may jointly use such access roads for its purposes, but agrees not to interfere with Antero's oil and gas operations on the Property. b. Prior to commencement of oil and gas drilling operations, the Company will be provided, at no cost to the Company, written engineering reports detailing operating restrictions and setback requirements that may be necessary for the operation of both Antero's oil and gas activities and the Company's mining activities on the Property. c. Antero will consent in •writing to the terms of this Lease. d. Both Antero and the Company are purstting all necessary state, federal and local perrnits necessary for their respective 0])tiraiions on the Property and shall observe and he limited by the planned operations on the Property by the other. Each party shall be responsible for providing such permits and bonds as arc necessary to conduct its operations. • Page e. Conflicts, if any, that arise between Antero's activities and the Company's operations will be resolved by binding arbitration. f. Both parties shall indemnify and hold harmless Lessor and the other party for and on account of any injury or damages that result .from its operations and activities. g. Both the Company and Antero agree to cooperate to the end that the operations of both can be accomplished on the Property with a minimum of interference between them. 10, Silt Annexation, The Company agrees to cooperate with Lessor in annexing the Property to the Town of Silt; provided that the Company is able to participate and that the annexation process will insure that it is consistent with the Company's other permitting efforts. 11. Waiver of Lateral Support. Except that reasonably necessary for well pads, access roads and pipeline routes, Lessor hereby waives the lateral support for mining purposes for the portions of the Mining Area abutting boundary lines between the Property and adjacent properties that are owned or leased by the Company as well as any portions of the Mining Area abutting boundary lines between the Property and adjacent properties owned or Ieased by Lessor. 12. Liabilities. a. The Company shall defend, indemnify and hold harmless Lessor from and against any and all claims, demands, judgments, and liability, including reasonable attorneys fees and expert fees, by or to any and all third parties resulting from all acts or omissions of the Company or its agents, representatives, officers, employees, lessees and contractors in, on or about the Property. b. Lessor shall defend and indemnify and hold harmless the Company and the Company's agents and employees from and against any and all claims, demands, judgments and liability, including reasonable attorneys fees and expert fees, by or to any and all third parties in any way related or connected to the use or operations of Lessor on the Property while this Lease is in effect, or the presence of Lessor or Lessor's farm tenants, oil and gas tenants, agents, employees, licensees or invitees on the Property. c. The foregoing indemnifications shall all survive the termination ofthis Lease. The indemnity provisions set forth in this Lease shall apply to amounts paid in settlement of a claim by an indemnified party only if such settlement is approved by the indemnifying party, which approval shall not be unreasonably withheld. 13. Insurance. a, Tic Company Mini maintain. at it sole expense and at all tirnc•s. statutory Worker's Compensation insurance cove ag'e as reciuired under the Taws and a guiations of Me State of Colorado for all its officers and employes who perrorm work iCir ;l•'ie.Comp:lnv acrcundcr. b. The Company shall purchase, at its sole expense, and shall maintain at all times the following minimum insurance protection. i. Comprehensive General Liability in the amount of 51,000,000 combined single limit; ii. Employer's Liability Insurance in the amount of 5100,000 each occurrence; iii. Automobile Liability Insurance in the amount of 51,000,000 combined single limit; and iv. Insurance for other risks ordinarily insured against in similar operations pursuant to standard operating policy of the Company. c. The Company agrees that it shall require all independent contractors, contractors and subcontractors who perform work in connection with the Property to have similar and adequate insurance in full force and effect. 14. Title. a. The Property's permit limits will be delineated by a survey from a professional survey engineer, the costs for which survey shall be the sole responsibility of the Company. A legal description derived from the survey will define the permit limits and shall be subject to the oil and gas lease with Antero Resources II Corporation and all encumbrances of record. b. The Company has accepted Lessor's title to the Property as marketable, to the best of its knowledge, as of the date of this Lease. If subsequent thereto the Company determines that Lessor's title to the Property identified by the survey and Materials is not good and marketable, the Company shall so notify Lessor in writing, in which case Lessor, at Lessor's cost, shall correct the specified title defects. If any title defects which render the title unmarketable or adversely affect the Company' right to mine are not cured within one - hundred twenty (120) days after receipt of such notice, the Company, at its option, may terminate this Lease without any further obligation to Lessor, in which case all payments made hereunder shall be promptly refunded to the Company notwithstanding any characterization of such payments as "nonrefundable" elsewhere herein. 15. Tates. During the term of this Lease, the. Company shall pay when due all ad valorem property taxes assessed on the production, severance or extraction of Materials from the Property. The Company will pay the difference in the property taxes assessed ifzoning is changed from agricultural to commercial or industrial during the permitting process, as a result of the Company's operations or permitting activities. Lessor steal! be responsible for any increase in taxes as a result of oil and gas activities or for other reasons not caused by the Company. In addition, the Company shall pay all personal and real property• taxes assessed against machinery, tools. equipment, suppl les, buIidinvs. improvements, pipeline,, stec;rpiles of Materials, and outer property anil'.xr Iixturc.s placed by Company on the Property. Lessor shall pay ail (der real property taxes on the Property and on any improvements thereon, including without limitation, improvements that Lessor installs on the Property for Lessor's own purposes, and any taxes attributable to the Sales Royalty or to Lessor's farming operations or oil and gas activities. 16. Labor and Materials. The Company agrees to keep the Property free and clear of liens, charges, claims or demands arising from the Company's operations hereunder and to promptly pay for all labor performed on the Property and for all supplies, materials, and equipment used or placed on the Property by the Company. The Company shall defend, indemnify and hold harmless Lessor from and against any and all claims, charges, demands, causes of action, damages and Liability, including reasonable attorneys fees and expert fees, that arise from or are connected to the acts or omissions of the Company hereunder or to those of its contractors, subcontractors, employees., officers, agents or lessees in regard to providing labor and acquiring or installing materials, equipment and supplies for operations under this Lease. The Company may contest in good faith any lien; provided that the Company shall not allow title to the Property or any portion of it to be lost. 17. Termination. a. Lessor shall have the right at Lessor's option to terminate this Lease upon prior written notice as set forth below if the Company fails to perform any of its obligations hereunder as follows: i. If the Company fails to pay when due any amounts to be paid hereunder, .Lessor may at Lessor's option give the Company written notice of such failure and the Company shall have thirty (30) days from the date it receives notice to pay the amounts owed to Lessor. If the Company fails to pay the past due amounts to Lessor within the thirty (30) day period, Lessor may, at Lessor's option, declare the Company in default and terminate this Lease. ii. If the Company defaults in the performance of any obligation hereunder other than the obligation to pay money when due, Lessor may at Lessor's option give written notice of such default to the Company, and the Company shall have sixty (60) days from the date it receives such notice to cure the default. If the Company fails to cure the default within the sixty (60) day period, Lessor may at Lessor's option terminate this Lease; provided, however, that if the default is minor and the default can be fully compensated for in damages of Less than Thirty Thousand Dollars ($30,000), then such default shall not be a basis for cancellation or forfeiture of this Lease or any of Company's rights hereunder if the Company pays the full amount of damages within thirty (30) days after demand by Lessor. If, through no fault of the Company, such failure is impracticable to correct within the sixty (60) day period, Lessor shall have no right to terminate this Lease if the Company continences in good faith to correct the failure and provided that the Company diligently pursues and conipletes the correction within a reasonable time. b. The Company shall have -the; right, at it,y option and for any reason or for no reason at all; to terminate this Lease at any time upon ninety (50) days' prior written notice or at the end of any Lease Year during' Ell; TerT11 by 'zIvin at !cast. simy i 6rh d:'' s I?' for Pacze 1 !j written notice to Lessor. Lessor shall not be entitled to receive additional compensation after the date of termination, other than any and all royalties due. c. Upon termination of this Lease for any reason, the Company shall continue to be liable for the performance of all obligations and the satisfaction of all liabilities to Lessor including, but not limited to, the payment of royalties which have accrued prior to the date of termination and the compliance with all laws, regulations, and permit conditions that apply to the Property and the operations an the Property including, but not limited to all reclamation, environmental and Iand use laws, regulations and permit conditions. The obligation to pay AMRP that would otherwise accrue after the date of termination of the Lease shall end upon Lease termination. d. Upon termination of this Lease with respect to all or any part of the Property, the Company agrees to furnish Lessor with a document reasonably satisfactory to Lessor verifying such termination and release of Lease. e. Upon termination of this Lease by the Company for any reason, all sums paid hereunder to Lessor shall remain the property of Lessor and shall not be recoupable or refundable except to the extent that they have already been recouped or refunded as of the effective date of termination, or except as expressly provided otherwise above. 18. End of Term. The Company shall have the right for two (2) years from the date of the expiration or termination of this Lease to dismantle and remove machinery, equipment, improvements, and other facilities installed or constructed on the Property by the Company and also to sell and remove Materials then stockpiled on the Property, subject to its obligation to pay Production Royalties pursuant to Paragraph 3. 19. No Development Covenant. There is no implied covenant or obligation of the Company to explore, develop or mine the Property or to sell Materials. The Company may maintain this Agreement in effect for its term and any allowed extensions by making the payments set forth herein. 20. Restoration of Property. Within two (2) years after the expiration or earlier termination of this Lease, or within such other time as may be required as a condition of a permit to be issued by the Division of Minerals and Geology, the Company shall restore the Mining Area to the condition required by law and by the applicable permits and approvals required for the Company to conduct operations hereunder, unless such permits and approvals are assigned to Lessor or another operator with the written consent of both Lessor an.d the Company for continued operations, in which case the duty to restore the Mining Area shall also be so assigned. Following the expiration or termination of this Lease for any reason, Lessor covenants that Lessor will not extract or allow others to extract l`'Iaterials until Lessor or others effect the transfer of the Colorado Division of Minerals and Geology Pemuit to their names for reclamation or rehabilitation of the Property and the release ofany security or bond provided by the Company to secure its performance or discharge its responsibilities. Unless lessor desires to continue operaliOtr5 to e.Y_traet little ri<ai:. (either by Lessor or through an operator. representative, or tither lessee)_ the Cotnpany ,hall have the richt to access and enter the Property and to effect on tris ?voi)crty such restoration, rehabd itaiior, ar,c1 re.clamcittoti as may be required to dkci:ar''_e i.e re pc,nsibilit es l',Fiich the {.ornpaty has assumed pursuant to its permits and under Paragraph 7.e and to procure the release of any bond or other financial assurance provided by the Company. 21. Assignment. The provisions of this Lease shall extend to and be binding upon the heirs, personal representatives, successors, assigns and sublessees of Lessor and the Company. The Company shall have the right to subcontract with others for the performance of exploration, development and mining work hereunder, subject to all terms ofthis Lease, but no such subcontract shall relieve the Company of its obligations to Lessor hereunder, 22. Notice. Notices of default or ofcancellation or termination ofthis Lease and all other notices required or permitted hereunder shall be given by personal delivery effective upon delivery or by registered or certified mail, postage prepaid, and effective three (3) days after mailing, addressed to the parties as follows: If to the Company: Western Slope Aggregates, Inc. 0304 Highway 133 Carbondale, CO 81623 Attention: With a copy to: If to Lessor: Gypsum Ranch Co. LLC Attn: Scott Balcomb P.O. Drawer 790 Glenwood Springs, Colorado 81602. 23. Condemnation. If the whole or any part of the Property shall be taken by any public authority under the power of eminent domain at any time during the term of this Lease, Lessor and the Company shall each be entitled to share in the award to the extent of their respective interests in the Property with respect to any taking. In the event only a portion of the Property is taken, and if notwithstanding such taking the Company will be able to continue to conduct its business in the remainder of the Property in substantially the manner it was being conducted immediately prior to such taking, this Lease shall cease only as to the part taken. If, however, by reason of the condemnation there is not sufficient property left in or upon the Property for the Company to conduct its business in substantially the manner in which it was being conducted immediately prior to such taking as determined by the Company in its discretion, then and in such event this Lease shall terminate. All condemnation awards on account of the interest of the Lessor shall be paid to the Lessor, and all awards on account of Company's leasehold interest shall be paid to Company. The allocation of any lump sum award for any taking between Lessor and Company shall be made by agreement between them, if possible, or if the parties cannot agree, then by arbitration pursuant to Rules of the American Arbitration As;nci.ation, taking into account (1) the value of Lessor's interest in the property affected by stic:;-t taking and end: r,,his Lease. alld {iil the value of:Company's �,.1` 2 interest therein under the Lease, including without limitation AMRP payments made prior to the date of condemnation. 24. Non -Business Day Deadlines. If a date for notice, performance or payment falls on a holiday or weekend, the time for performance or payment shall be extended to the next business day, and if notice, performance or payment has occurred on such weekend or holiday or after 5:00 p.m. on any business day, it shall be deemed to have occurred on the next business day. 25. Confidentiality; Recording. The parties agree that the terms and conditions ofthis Lease are confidential and shall not be disclosed to any third party without the consent of the other. Neither party shall record this Lease without the consent of the other. The parties agree to execute a short form lease for recording to provide record notice of this Lease without disclosing the economic terms hereof. 26. Headings. The headings of the Sections of this Lease are for convenience of reference only and are not a part of the substantive provisions of this Lease. 27. Further Instruments. Each party hereto shall from time to time execute and deliver such further instruments as the other party or its counsel may reasonably request to effectuate the intent ofthis Lease. 28. Entire Agreement. This Lease contains the entire agreement between the parties hereto, and neither it nor any part of it may be changed, altered, modified, or limited orally or by any agreement between the parties unless such agreement be expressed in writing, signed, and acknowledged by the Lessor and the Company, or their respective heirs, personal representatives, successors and assigns. 29. Counterparts. This Lease may be executed in one or more counterparts, each of which shall be deemed an original and all ofwhich together shall constitute one and the same Lease. IN WITNESS WHEREOF, this Gravel Property Lease has been duly executed as of the date first above written. LESSOR: GYPSUM RAN H CO. LLC By: By: Scott Balcomb, M. `ager IZ-i• hard'S ephenson, Manager LESSEE (THE COMPANY): WESTERN SLOPE AGGREGATES, IN By: Name: Title: �.- ****************************************** CONSENT Antero Resources II Corporation, the holder an oil and gas lease on the Property the subject of the within Gravel Lease, hereby consents to terms of the within Gravel Lease. Dated this / y day of � .~ . 2005. ANTERO RESOURCES II CORPORATION By EXHIBIT A LEGAL DESCRIPTION OF REAL PROPERTY All of that portion of the following described property lying southerly of the right-of-way for Highway Interstate 70: Parcel No. 1 T. 6 S.. R. 92 W., 6th P.M. Section 9: Lot 3, W%zSW'1a, and NW%ONE'/4SW'/4 ; EXCEPT that part conveyed to the Colorado Department of Highways for Highway Interstate 70 in special warranty deed recorded Jan. 31, 1974 in Book 454 at Page 440, Clerk and Recorder's Office, Garfield, County, Colorado, as corrected, namely: A tract of land Parcel No. 501 of the State Department of Highways, Division ofHighways, State of Colorado, Project No. 1 70-i(12) Sec. 5 containing 18.452 acres, more or less, in the NW%4SW'/4, Lot 3 and the R'W1/4SE'/4SWV of Section 9, T. 6 S., R. 92 W., 6th P.M., in Garfield County, Colorado, said tract or parcel being more particularly described as follows: Beginning at a point on the west line of Sec. 9, from which the SW corner of Sec. 9 bears S. 0°26'30" E., a distance of 1,470.5 feet; 1. Thence N. 56°00' E. a distance of 2,099.6 feet to the north line of the NW'/NE'/4SW'/$ of Sec. 9; 2. Thence S. 89°16'30" W., along said north line, a distance of 427.8 feet to the SE corner of Lot 3; 3. Thence N. 0°30'30" W., along said. Lot line, a distance of 198.2 feet; 4. Thence S. 75°18' W. a distance of 227.0 feet; 5. Thence S. 56°00' W. a distance of 1,322.0 feet to the west line of Sec. 9; 6. Thence 5. 0026'30" E., along said section line, a distance of 570.0 feet, more or less, to the point of heginning. e No. 2 T. 6 S.. R. 92 W., 6th P.M. SCCIII., L(.)t 4. 'AS and EXCEPT that part conveyed to the Colorado' Department of Highways for Highway Interstate 70 in special warranty deed recorded Feb. 6, 1974 in Book 455 at Page 10, Clerk and Recorder's Office, Garfield, County, Colorado, more particularly described as follows: A tract of land Parcel No. 502 of the State Department of Highways, Division of Highways, State of Colorado, Project No. 1 70-1(12) Sec. 5 containing 10.194 acres, more or less, in Lot 4 of Sec. 9, T. 6 S., R. 92 W., 6'1' P.M., in Garfield County, Colorado, said tract or parcel being more particularly described as follows: Beginning at a point on the south line of said Lot 4, Sec. 9, from which the NW corner of Sec. 9 bears N. 34E14'30" W., a distance of 3,145.5 feet; 1. thence N. 56°00' E. a distance of 953.3 feet to the centerline of the Colorado River; 2. Thence N. 54°08' W., along said centerline, a distance of 426.0 feet; 3. Thence S. 56°00' W. a distance of 1,055,0 feet to the west line of said Lot 4; 4. Thence S. 00°30'30" E., along said west line, a distance of 198.2 feet to the SW corner of Lot 4; 5. Thence N. 89°16'30" E., along the south line of said Lot 4, a distance of 427.8 feet, more or less, to the point of beginning. SUBJECT To that Permanent Easement conveyed by instrument recorded Feb. 6, 1974 in Book 455 at Page 14, Clerk and Recorder's Office, Garfield, County, Colorado, more specifically: A tract of land Parcel No. E-502 of the State Department of Highways, Division of Highways, State of Colorado, Project No. 1 70-1(12) Sec. 5 containing 0.197 acres, more or less, in Lot 4 of Sec. 9, T. 6 S., R. 92 W., 6`h P.M., in Garfield County, Colorado, said tract or parcel being more particularly described as follows: Beginning at a point on the west line of Lot 4, from which the NW corner of said Sec. 9 bears N. 29°06'30" W., a distance of 2,755.5 feet; 1. Thence N, 0°30'30" W., along said west line, a distance of 24.0 feet; 2. Thence N. 56°00' E. a distance of 422.6 feet; 3, Thence S. 34°00' E. a distance of 20.0 feet; 4. Thence S. 56°00' W. a distance of 435.8 feet, more or less, to the point of beginning. FINALLY EXCEPTING that part conveyed to Bobby L. Bradley and Mary Lee Bradley in warranty deed recorded Nov. 28, 1990 in Book 560 at Page 957 . :more particularly described as follows: A tract of land situate in the SE;SW/ of Sec. 9, T. 6 S., R. 92 W., P.M., containing 1.998 acres of land, me e or less, being further described as: Bcirinning at a point on tl-,e West line of said SE, S`,V ! of sad Sec. 9, also being a point or, the \or;ie,iv r!abt-of-way line of a county road, v,';hei:ce the Southwest comer of ;;'lid Sec, 9 bears S. 38"O8 JO, W. 1317.85 feet; 1. thence.'. 00'4r/54" W. a "til: lance of 478.92 e(tt ',Vest line ofsaid q . . the......:. .i91! J fir," l'. _. + :...a:_C of 3 thence S, 03°3220" E a distance of 479.53 feet to a point on said Northerly right-of-way line of a county road; 4 thence S. W:a distance of 193.86 feet along saidNortherly :.right-of-Way line of said county read to the point ofbeginning Farce. .No. 3 T. 6S., R. 92 6°'PM Section 9: The West 10 acres of the WM.S1,4SE1/4; Ali that part of Lot 5 and that .part. of NWIASEV4.1ying Southerly of the Colorado River and Westerly of aline fence constructed and in place; which fence inns North and South through said DAS and said NW1/4SE1/4, said line fence being niore' fully described as follows: Beginning at a point on the. South line 6.1` said Section 9 bears S. 51f04'E, • a distance of 2144.3 feet; thence North along. Said line fence parallel to the gast line of said Section 9 to the Southerly bank of the Colorado River. COUNTY OF GARFIELD STATE OF COLORADO EXHIBIT B RESERVED PROPERTY A parcel of property comprising 2.28 acres surrounding situate south of the Rising Sun Ditch and north of the County Road in the SE1/4SW'/4 of Section 9, Township 6 South, Range 92 West of the b'h' P M and containing the barn and house currently located thereon. COUNTY OF GARFIELD STATE OF COLORADO EXHIBIT C AERIAL, PHOTOGRAPH OF APPROXLMATE BOLIDARIES OF PIT 1111111111111111111111111111111.111111111111111111111 681779 09/07/2005 03 25P 81724 P424 M ALSDORF 1 of 3 R 16.00 R 222 00 GARFIELD COUNTY CO WARRANTY DEED Grantor, Donald J. Hangs, whose legal address is 6533 County Road 346, Silt, County of Garfield and State of Colorado, for the consideration of Ten Dollars ($10,00), in hand paid, hereby sells and conveys to Gypsum Ranch Co., LLC, a Colorado limited liability company, whose legal address is 818 Colorado Avenue, Glenwood Springs, Colorado 81601, County of Garfield and State of Colorado, the following real property in the County of Garfield and State of Colorado, to wit: Parcels of land in Section 9, Township 6 South, Range 92 West, 6'h P.M, as more particularly described on Exhibit A, attached hereto and incorporated herein by this reference, EXCEPT a parcel of land conveyed to the Donald 3. Hangs Charitable Remainder Unitrustdated May 9, 2002, *Quit Claim Deed recorded in Book 1488 at page 3 of the office of the Clerk and Recorder, Garfield County, Colorado. also known by street and number as: 6533 County Road 346, Silt, Colorado 81652 assessor's schedule or parcel number'. Schedule 23428 Parcel 217909300327, Schedule 23347 Parcel 217909300106, Schedule 23346 Parcel 217909200105 and Schedule 023348 Parcel 217909200104 with all its appurtenances, and warrant(s) the title to the same, subject to 2005 real property taxes and assessments due and payable in 2006, and all subsequent taxes and assessments, and the matters set forth Exhibit B attached hereto and incorporated herein by this reference to the extent that such matters apply to the property conveyed hereby. Signed this 'Le.' day of `,�C fi t rY t ki.`x' f , 2005. STATE OF COLORADO SS, COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this Donald J. Hangs. Witness my hand and official seal. My commission expires: DEN -A WOOF NOTART' JBL1C STATE OF COLORADO (`,nmmssion Expires 09127/2005 11 day of :r '1T , 2005, by __ Notary Public RE -URN To: 1:dward Mulhall, Jr. Balcnmb & Green, P.C. 518 Cr4orado Avenue Glenwood Springs, CO 8]603 - ' �i art �JJ• • 1111111 11111111th 11t11 k!11klir Ali 111 1111I 11111tl • 681779 09/07/2005 03125P B1724 P425 M ALSDORF 2 of 3 R 16.00 D 222.00 GARFIELD COUNTY CO EXHIBIT A to Warranty Deed Donald J. Bangs, Grantor Gypsum Ranch Co., LLC, Grantee FARCE!. NO. 1 T. 6 S., R. 92 W., 6" P.M. Section 9: Lor 3, WASW'/4, and N W'/iNE'/S W°/ EXCEPT that put conveyed to the Colorado Department of Highways for Highway Interstate 70 in speci:d warranty deed recorded Jan. 31, 1974 in Book 454 at Page 440, Clerk and Recorder's Office, Garfield County, Colorado as corrected,, namely: A tract of land Parcel No. 501 of the State Department of Highways, Division of Highways, Stare of Colorado, Project No. 1 70-1(12) Sec. 5 containing 18.452 acres, more or less, in the NW'/SW'/,, Lot 3 and the NW'/,SEV4SW'/. of Section 9, T. 6 S., R. 92 W., 6'h P,M., in Garfield County, Colorado, said tract or parcel being more particularly described aa follows? Beginning at a point on the west lineof Sec. 9, from which the SW corner of Sec. 9 bears S. 0°26'30" E., a distance of 1,4703 feet; 1. Thence N. 56°00' E. a distance of 2,099.6 feet to the north line of the NW'/NEL SW'/. of Sec. 9; 2. Thence S. 89°16'30" W., along said north line, a distance of 427.8 feet to the SE corner of Lor 3; 3. Thence N. 0°30'30" W., along said Lor line, a distance of 198.2 feet;; 4, Thence S, 7598' W. a distant of 227.0 feet; 5. Thence 5. 56°00' W. a distance of 1,322.0 feet to the west line of Scc. 9; 6. Thence S. 0°26'30" E., along said section line, a distance of 570.0 feet, more or iesc, to the point of beginning. PARCEL NO. 2 1'. 6 5., R. 92 W., 6" P.M. Section 9: Lot 4, SE'/.SW/4, S1N13'/SW'/4, and NE'/4NE1/25W'/4; EXCEPT that part conveyed to the Colorado Department of 1-I{ghways for highway Interstate 70 in special warranty deed recorded Feb. 6, 1974 in Book 455 at Page 10, Clerk and Recorder's (3f ice, Garfield County, Colorado, and EXCEPT that part conveyed to Bobby L. Bradley and Mary Lac Bradley in warranty deed recorded Nov. 23, 1990 in Book 560 at Page 957, Clerk and Recorder's Office, Garfield Ctounty, Colorado,. T.6S.,R.9.2Wb'"P.M. Section 9; PARCF.LNO.3 The West 10 acres of the W'/,5'1/5E1/4; Al] that part of Lot 5 and that part of NW'/SEY lying Southerly of the Colorado Rs-ier and Westcd.! of a line fence constructed and in place, which fence tans North and South thracgh said int 5 :nC sa d NV/450A, said line fence being more fully described as foiloaws: 13cg*inning at a point an rhc South line of7.4.5E'/4 whcr,ce the Witness r,-..rncr to :Iii Southeast Corner of said Secoun 9 bears 5. 51'94' E a distance of 2144.3 fcti; tFenct'vortie along said line fence parallel to tnc East Lan of said Sccdr;r. 9 tr, nce Saut'aer : v air. ,f tr.e Cn;uradn River EXHIBIT B - Exceptions 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded January 4, 1892 in Book 12 al Page 96 and in patent recorded April 9, 1895 in Book 12 al Page 359. 10. Right of the proprietor of a vein or lode to extract and remove his or: therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded March 2 1 , 1903 in Book 56 at Page 474 and in patent recorded June 14, 1944 in Book 73 at Page 224. 11. Reservation an undivided 1/4th interest in all oil, gas and minerals as described in deed recorded December I, 1948 in Book 239 at Page 461 and any interest therein or assignments thereof. 12. Reservation of one-half of all mineral rights including oil and gas as described in Administrators Deed recorded August [8, 1958 in Book 311 at Page 49 and any interests therein or assignments thereof. 13. Perpetual easement 125 feet in width for the construction, operation and maintenance of an electric transmission line as granted to the United States of America in instrument recorded September 12, 1962 in Book 344 at Page 118. 14, Perpetual easement 30 feet in width for the construction, operation and maintenance of a road as granted to the United States of America in instrument recorded April 16, 1968 in Book 393 at Page 425 and in deed recorded February 12, 1969 in Book 399 at Page 350. 15. Each and every right of access to Interstate 70 as conveyed to the State Department of Highways in deed recorded January 3], [974 in Book 454 at Page 428, 16. Easement for an irrigation ditch as tonveycd to the State Department of Highways in instrument recorded January 31, 1974 in Book 454 at Page 442. 17, Each and every right of access to Interstate 70 as described in deed recorded February 6, 1974 in Book 455 at Page 12. 18. Permanent easement granted to the State Department of Highways for an irrigation ditch as described in instrument recorded February 6, 1974 in Book 455 at Page 14. 19. Terms and conditions of Oil and Gas Lease by and between Donald!. Hangs, as Lessor and Williams Production RMT Company, as Lessee, recorded June 27, 2002 in Book 1365 at Page 523 and any and all interests therein or assignments thereof. 20. Easement and right of way for any existing irrigation ditches, laterals, canals or pipelines. 21. Any question as to the exact size or location of the West 10 acres of the W 1/251I2SE1/4 of Section 9. (Continued) 2.2, Any question, dispute or adverse claims as to any loss or gain as a result of any change in the river bed location by other than natural causes, or alteration through accretion, reflation, erosion or avulsion of the center thread, bank, channel or flow of waters in Coiorado River lying within subject land; and any questions as to the location of such center thread, bed, bank or channel as a legal description monument or marker for purposes of describing or locating subject lands. 23. Any and all rights, interests or easements in favor of riparian owners, the State of Colorado, the United States of America or the general public, which exist, have existed or arc claimed to exist in and over the waters and present and past bed and banks of the Colorado River, 11II111 111111111111II111It1111L 111111111111111111111 681779 09/07/2005 03125P 81724 P426 M RLSDORF 3 of 3 R 16,00 D 222,00 GARFIELD COUNTY CO I fM I11tk II 1fkk Ifllk 1111111 L,. I k1 I I k1I 1111 681780 09/07/2005 03 27P B1724 P427 M ALSDORF 1 of 4 R 21.00 D 78.00 GARFIELD COUNTY CO WARRANTY DEED Grantor, Donald J. Hangs, Trustee under the Donald J. Hangs Charitable Remainder Unitrust, dated May 9, 2002, as evidenced by that Affidavit of Trust and Statement of Authority recorded July 1, 2003, as Reception No. 630794 in Book 1488 at Page 2 of the Office of the Clerk and Recorder, Garfield County, Colorado, whose legal address is 6533 County Road 346, Silt, County of Garfield and State of Colorado, for the consideration of Ten Dollars (S 10.00), in hand paid, hereby sells and conveys to Gypsum Ranch Co., LLC, a Colorado limited liability company, whose legal address is 818 Colorado Avenue, Glenwood Springs, Colorado 81601, County of Garfield and State of Colorado, the Following real property in the County of Garfield and State of Colorado, to wit: A parcel of land in Section 9, Township 6 South, Range 92 West, 6'"P.M. and mare particularly described on the attached Exhibit A, which is incorporated into this Deed and made a part of it by reference. to also known by street and number as: 6533 County Road 346, Silt, Colorado 81652 with atl its appurtenances, and warrant(s) the title to the same, subject to 2005 real property taxes and assessments due 7) rj and payable in 2006, and all subsequent taxes and assessments, and the matters set forth on Exhibit 13 attached hereto and incorporated herein by this reference to the extent that such matters apply to the property conveyed hereby. Signed this 1 i', day of .jEJ tc "0110,c1- , 2005. STATE OF COLORADO ss. COUNTY OF GARFIELD D eAc d J. Hans Tr st e under the donSald J. Hans' Hangs, g Charitable Remainder Unitrust dated May 9, 2002 The foregoing instrument was acknowledged before me this L,L.t" day of `.,t .. .vn't}-ef, 2005, by Donald 3. Hangs, Trustee under the Donald 3, Hangs Charitable Remainder Unitrust dated May 9, 2002. Witness my hand and official seal, My commission expires: NOTARY 71.IBLAC STATE OF C3LaRA�D�_ _1 f.nmrn..s.,:ort Expires 09/2712005 ?seta } Public RETURN To: Edward Mulhall, Jr. Balcornb & Green, T'.C. 818 Colorado Avenue Clenwood Springs, CO 81601 111111111111111111 1E1111'. -..111 111 11111 I�1111I 681780 09/07/2005 03:27P 81724 P428 M ALSDORF 2 of 4 R 21.ee 0 76.00 GARFIELD COUNTY CO Exhibit A All bearings and metes and bounds are taken from that certain survey entitled Hangs Boundary Survey prepared by Q.E.D. Surveying Systems, Inc. and dated February 4, 2003. 1. A parcel of land situated in Section 9, Township 6 South, Range 92 West, 6`h Principal Meridian, Garfield County, State of Colorado being described as follows: commencing at the SW corner Section 9, T6S, R92W, 6'h P.M. and considering the south line of Section 9, T6S, R92W, 6'h PM. to bear S89"49'47"W and all bearings contained herein to be relative thereto; thence N00°45'54"W 40.00 feet along the West line of Section 9 to the North right-of-way line for County Road 346; thence ND0°45`54"W 1155.14 feet along the West line of Section 9; thence N00°45'54"W 128.59 feet along the West line of Section 9 to the NW comer of the SW'/2 S W Y Section 9; thence N00°45'54"W 155.27 feet along the West line of Section 9 to the intersection with the Southeasterly right-of-way line for Interstate 70; thence N56°00'00"E 2625.69 feet along the Southeasterly right-of-way line for Interstate70 to the POINT OF BEGINNING; thence N56°00'00"E 418.30 feet along the Southeasterly right-of-way line for Interstate 70 to the centerline of the Colorado River; thence S48°36'51"E 145.85 feet along the centerline of the Colorado River; thence S75"4728"E 516.50 feet along the centerline of the Colorado River; thence 538°47'43"E 742.18 feet along an existing fence and the projection thereof; thence 50029'17"E 598.71 feet along an existing fence; thence S89°34128"W 971.46 feet to the intersection with the West lite of the NW'/, 5E14 Section 9; thence NO0`43'47"W 231.50 feet along the West line of the N VOA SE 1/4 Section 9; thence 589-34'28"W 440.46 feet; 111111111111111111111111111i11114111111 1111111111111 681780 09/07/2005 03 27P 81724 P429 11 QLSDORF 3 of 4 R 21.00 D 78.00 GARFIELD COUNTY CO thence NO0°44'19"W 945.52 feet; to the POINT OF BEGINNING, containing 35.01 acres as described. I1. A parcel of land situated in Section 9, Township 6 South, Range 92 West, 6th Principal Meridian, Garfield County, State of Colorado, being described as follows: commencing at the same POINT OF BEGINNING as in the immediately preceding described parcel 1; thence S00°44'19"E 945.52 feet; thence S89°34'28"W 877.66 feet; thence N00'44'51 "W along the East line of the NW'/4 SW'/ of Section 9 to the intersection of the Southeasterly right-of-way line for Interstate 70; thence N56°00'00"E along the Southeasterly right-of-way line for Interstate 70 to the POINT OF BEGINNING. A parcel of land situated in Section 9, Township 6 South, Range 92 West, 6'' Principal Meridian, Garfield County, State of Colorado, being described as follows: commencing at the Northwest comer of Lot 3 of Section 9; thence N00°45'54"W 348.61 feet to the centerline of the Colorado River; thence N8730'47"E 983.44 feet along the centerline of the Colorado River; thence S55°42'06"E along the centerline of the Colorado River to a point which intersects the line dividing Lot 3 from Lot 4 of Section 9, to the POINT OF BEGINNING; thence S00°44'51 "E along said line to a point on that line which intersects the Northwesterly right-of-way line for Interstate 70; thence N56'00'00"E 1113.14 feet to the centerline of the Colorado River; thence N48`36'51 "W 282.86 feet; thence N55'42"06"W along the centerline of the Colorado River to the POINT OF BEGINNN G. EXHIBIT S - Exceptions 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded January 4, 1892 in Book 12 at Page 96 and in patent recorded April 9, 1895 in Book 12 at Page 359. 10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the Unitod States, as reserved in United States Patent recorded March 2 t, 1903 in Book 56 at Page 474 and in patent recorded June 14, 1944 in Book 73 at Page 224. 11. Reservation of an undivided 1/4th interest in all oil, gas and minerals as described in deed recorded December 1, 1948 in Book 239 at Page 461 and any interest therein or assignments thereof. 12. Reservation ofonc•half of all mineral rights including oil and gas as described in Administrators Deed recorded August 18, 1958 in Book 311 at Page 49 and any interests therein or assignments thereof. 13. Perpetual casement 125 feet in width for the construction, operation and maintenance of an electric transmission line as granted to the United States of America in instrument recorded September 12, 1962 in Book 344 at Page 118. 14. Perpetual easement 30 feet in width for the construction, operation and maintenance of a road as granted to the United States of America in instrument recorded April 16, 1968 in Book 393 at Page 425 and indeed recorded February 12, 1969 in Book 399 at Page 350. 15. Each and every right of access to Interstate 70 as conveyed to the State Department of Highways in deed recorded January 31, 1974 in Book 454 at Page 428. 16. Easement far an irrigation ditch as conveyed to the State Department of Highways in instrument recorded January 31, 1974 in Book 454 at Page 442. 17. Each and every right of access to Interstate 70 as described in deed recorded Februaty 6, 1974 in Book 455 at Page 12. l8. Permanent easement granted to the State Department of Highways for an irrigation ditch as described in instrument recorded February 6, 1974 in Book 455 at Page 14. 19. Terms and conditions of Oil and Gas Lease by and between Donald J. Hangs, as Lessor and Williams Production RMT Company, as Lessee, recorded June 27, 2002 in Book 1365 at Page 523 and any and all interests therein or assignments thereof. 20. Easement and right of way for any existing irrigation ditches, laterals, canals or pipelines. 21. Any question as to the exact size or location of the West 10 acres of the W125112SE1/4 of Section 9, (Continued) 22. Any question, dispute or adverse claims as to any loss or gain as a result of any change in the river bed location by other than natural causes, or alteration through accretion, reliction, erosion or avulsion of the center thread, bank, channel or flow of waters in Colorado River lying within subject land; and any questions as to the location of such center thread, bed, bank or channel as a legal description monument or marker for purposes of describing or locating subject lands. 23. Any and all rights, interests or easements in favor of riparian owners, the State of Colorado, the United States of America or the general public, which exist, have existed or are claimed to exist in and over the waters and present and past bed and banks of the Colorado River. 111llf111111111111111 11111 11111 11111 I11 I1111 !!111111 681780 09/07/2005 03,27P B1724 P430 11 ALSDORF 4 of 4 R 21,00 D 78.00 GRRFIELD COUNTY CO 1111111 1111111111111111111111 11111 111 1111 1111 1111 681781 09/07/2005 03 29P 81724 P431 M ALSDORF 1 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO QUIT CLAIM DEED Grantors, Donald J. Hangs, Individually, and as Trustee under the Donald I, Hangs Charitable Remainder Unitrust, dated May 9, 2002, as evidenced by that Affidavit of Trust and Statement of Authority dated July 1, 2003, as Reception No. 630794 in Book 1488 at Page 2 of the Office of the Clerk and Recorder, Garfield County, Colorado, whose legal address is 6533 County Road 346, Silt, Colorado 81652, County of Garfield and State of Colorado, for the consideration of Ten Dollars ($10.00), in hand paid, hereby sell and convey to Gypsum Ranch Co., LLC, a Colorado limited liability company, whose legal address is 818 Colorado Avenue, Glenwood Springs, Colorado 81601, County of Garfield and State of Colorado, the following real property in the County of Garfield and State of Colorado, to wit: All water, water rights, ditch and ditch rights appurtenant to the real property described on Exhibit A attached hereto and incorporated herein by this reference, including but not necessarily limited to the following: all appurtenant water, water rights, ditch and ditch rights, including but not limited to 4.94 cubic feet of water per second of time of the waters adjudicated to the Rising Sun Ditch, including the original adjudication and the First Enlargement, adjudicated in 1988, and the Second Enlargement, adjudicated in 1965, which have priority numbers 16,24 and 226, respectively, with appropriation dates ofDecember 5, 1 883, December 1, 1886 and April 15, 1953, respectively. with all its appurtenances. Signed this t rday of ' ? keM►1A)e_1- STATE OF COLORAID0 SS. COUNTY OF GARFIELD , 2005. Dbfia]d 7: Hart 5, Individ Donald L Han gs;Trustee Charitable Remainder Un er the onaso"i rian st dated May 9, 2002 The foregoing instrument was acknowledged before me this �L day of Itc fr 5r2ki , 2005, by Donald I. Hangs, Individually, and as Trustee under the Donald 3. Hangs Charitable Remainder Unitrust d ted May 9, 2002. Witness my hand and official seal. My commission expires: DEO, !R.00F NOTARY '1.13LtC • STATE OF COLORADO 1. # r,nrnr Iia ,Cn t_-- Fxr3ief, 0912712005 Nciary i'ublic RETURN Tc: Edward Mulhall, Jr. 13alcomb & Green, P.C. 818 Colorado Avf•rue 1P ralenwoorl Sprins,,C:O 81601 nom w tri o �.ta ttatirr cc qtr z "- NOM 1•••• ill- 0 Rim a. ci Imo rt. ��N] a: ��� NUMNNm mea tits n IIIIIIWO n • MON m M - Cel MILAN Ce - eq N - as � � o - N EXH1133T A to Warranty Deed Donald J. Hangs, Grantor Gypsum Ranch Co., LLC, Grantee ItoItc:r[+. N(1 1 1'. .., R. 92 'X', G" !'.M. Section 9: Lut 3, ".X.:1/15'W V., a rid NW'AN1.'/.SW'A; ExCEPT that part conveyed to the Colorado Department of Highways for Highway interstate 70 in .special warranty deed recorded Jan, 31, 1974 in Hook 454 at Page 440, Clerk and Recorder's Office, Clot -field County, Colorado, ar corrected namely: A tract [gland Parcel No. 501 of the Stare 1)epartmcni of Highways, !))vision of Highways, State of Colorado, Project No. 1 70.1(12) Sce- 5 containing 16.452 acres, more or less, in the NW/SVA, Lot 3 and the NWIASP.V.SWIA of Sec [inn. 9,'1'. 6 5., R. 92 W., 4`" P.M.; in Garfield C,nunty, Colorado, said tract or rtecei 'tieing more particularly described as follows: Hog*inning at a pninr on the west line of Sec. 9, from which the SW corner of Sec. 9 Innis S. 0°26'30" E., a disrancc of 1,470 5 feta', 1. 'Thence N. 56°00' R. a durance of 2,099.6 foci to the north lino of the NW'ANIL'ASW'/, of Soc. 9; 2. •fhenee S. 89°16'30" W., along said north lilac, a distance of 427,13 fere to the Sl' corner of Lot 3; 3. Thence N 0°30'30" W,, along said Lot line, a distance of 198.2 feet; 4. Thence S. 75°18' W. a distance of 227.0 fort; 5. 'Thence S. 56°00' W. a distance of 1,322,0 feet to the west line of Sea. 0, 6. .!'hence S. 0°26'30" I.i., along said sec tinnline, a distance of 570.0 feet, more or Icss, to the point of beginning. T'nRrct.No, 2 '1'. 6 S , R. 92 W Section 9: Lot 4, SW/,SW'/, SYzNI 'AS14r'/, and NI:'/.NE'ASW'/; EXCEPT that part conveyed to clic Colorado Department of Highways for Highway Interstate 70 in special warranty decd recorded Pela. 6, 1974 in lit:nit 455 ar Page 10, Clerk and Recorder's Clffec. 1;nrficld (.ounry, (ioluradn, ane] EXCEPT that part conveyed to Bobby L Bradley and Mary L.cc Bradley in warranty decd recorded Nov. 26.'1990 in Bock 560 at Page 957, Clerk and Recorder's Office, Garfield County, C.:cioradn,_ '1'. 6 5 , R. 92 W., 6'" P.M. Section 9, PAncr .NO 3 The West i0 acres of the W' S'/2SE'A; AU that part of Lot 5 and that part of NW'f5E'/. lying 5oance:ly of the Colorado Raver and'X'ester!y of t Uric fence constructed and in place, which fence runs Ncrrh and South through said Lot 3 and said NW'i1SE'/, sald Linc fence being more fully described as follows.: eleg-inning a: a pint on the South line of said N'?7Y,S '/. u,'hcnce the Witness Cerner $ajtneaat Carate of said Sec on 9Ours S.5',`,94' % z Gistcr,ce cf 22144,3 fee:, tl.e„cc N;• l along scid lir,: fence f.eraiel m the a,aat'jre r- s:f0 cot ' n 9 to tf.r 1 nethcrt, ; n:: ',f :+,c t.clr r,du )over 1111111 11111!EL 1(111311!1(' !HU s{II IIF 681782 09/07/2005 03:30P 01724 P433 M ALSDORF 1 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO BARGAIN & SALE DEED {SialtJiory Form} Tsars DEED, made this 6" day of September, 2005, between DONALD J.11.0405 individually and as Trustee ander tint DONALD.). HANCS CHARITABLE REMA1NDERUNIr91IsT,dated MAv3,2002,as evidenced by that..Widavis oJ'Trust/ & Stuteare,l oJAulheriry recorded Jury 1, 200) as Reception No. 630794in Book 1488 at Page 2, Office of the Clerk and Recorder, Garfield County, Colorado, ar the County of Garfield, and State of Colorado. (Grantors), for the eonstdcrstion of Ten Dollars and other good and valuable considerations, in hand paid, hveby self and convey to C'ersual RANcN Co, LLC, a Colorado Limited Liability Company, whose legal address is 010 Colorado Avenue, Glenwood Springs, CO 81601, (Grantee) ill the right, title, interest, claim and demand which the Grantor hat in and to the real property, together with improvements, if any, sitt:etc, lying and being to the County orOa:field, and State cf Colorado described as follows, PARCEL A parcel of land situated in the 5'fiNE%.S Ws/., pan of the NW'/,BEY., the West 10 acres of the W1,5SW %SE'., and pan oldie SE'/,SW % 111M Sec. 9, T. 6 S. R. 92 W., 6" P.M., Gar6aid County, State of Colorado being described as follows: Commencing at thc S'1. COMM' of said Section 9 and tonsidering the south ]inc of said See. 9 Io bear 5. 09.49'4) W. and all bearings contained herein to be relative thereto; thcncc N. 00.4744' W, 40.00 feet 113 the Pam? or B2QINHIN0, being the Horth right•of-way line for County Road 346; thence S. 89°49'47" W. 1123.55 feculent' the North right-of-way line for County Road 346; thence N. 03.32'20" W. 480.04 feet; thence 5. 04'20'56" W. 170.92 feel; thence N, 00'44'51" W. 681.25 feet; thence- N. 00'4C51" W. 129.59 feet; thence N. 00°44'51" W. 693 03 tett: thence N. 99'24'20" E. 877.66 feet; thence N. 89.34'28" E. 440.46 feet; thence S. 00'43'47" E. 231.50 feet, thence N. 89'34'26" E. 971.46 feel; thence S. 00`29'17" E. 435.71 red; thence S. 89'39'33" W. 309.31 feet: thence 5. 8919'33" W. 330.15 feet; thence S. 00'41'47" E. 1119.42 feet; thence S. 00'41'47" 0. 173.11 feet; thence S. 89'99'47" W. 329.41 feet; to the POINT OF BEa0NA'INo, containing 76.60 acres as described. Porrnedy described as StiNE14SW'G, that pan of the NW %SE%. Southerly of the Colorado River and Westerly of a line fence described as follows. Beginning at a point on South line of said NW9:SE'V. whence the Wiscas Comer to SE Comer of said See. 9 bears S. 51'04 E. 2144.5 feel; thence North along said line fence parallel to East line of said Section 9 to the Southerly bank of the Colorado River; and . The Wcti 10 acres of thc W9IS W'ASE14, and the SE',44SW'/., EXCEPT Ihe1 part conveyed to Bobby L. Bradley and Mary Lee Bradley in warranty decd recorded Nov, 28, 1980 as Rcccplion No. 309831 in Book 560 at page 957, 1:1 in Sec. 9, T. 6 S., R. 92 W.. 6'" P.M. PARCEL 2 A parcel of land situated in, SW SSW/, of Sec. 9, 1, 6 S., R. 92 W., 6° P.M., Car:icld County, State of Colorado being desortbcdasfollows: Commencing atd;cSWcorner ofsaid Sec 9sod considering the south line of said _Section 9 to beer 5. 89"44'47"W and all bearings contained hweir to b: rdau•,e thereto', thcncc N. 00.45'34° W. 40.00 fee; along '.i,r West line of Section 9 to the `'ortl, it rg1,t-of•wa3 lin: for Cnt:nty P.oad 340 lx,ng the PC::'r Statciery Bargain 8. Sale Deed, COLO P.Ev, SLAT. ,S 38-10-115 8t •113. Bargain & Sale Dred QE C Descriptions Pagc 1 of 4 HA. NGS-GYr54ta 1SA'+cit CO,'_' till11111Ill" 11111111111111111 681782 09/07/2005 03 3012 61724 P434 f ALSDORF 2 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO then= N.130'45'54' W. 1(55.14 feel along the West line of Section 9; thence N, 09'39'34" E. 13 Cf. 89 feet to the East lint of the SW'GSWV.. Section 9; thence S. 00'44'51" E. 681'.25 feet along the East line of the SW%SWVI Section 9; thence S.0il°44'51"E. 477,81 feet ilongthe East line ofthe SW'AS W'V Section 9 to the intersection wish the North righl•of•wey line for County Road 146; thence S. 89749'41" W, 1317.68 feel along the North right-of-way line farCounry Road 346 to the PONT OF BEO0.WNG, containing 35.00 acres as described. Formerly described as part of the W'hSW'!. (being she southern 35.00 &erea of the SW .SW'V..) of Sec 9, T. 6 S.R. 92 W., 6" P.M. PARCEL 3 A parcel of' land situated in NW1A1 E%SWY. and parts of Lot 4 and the NE!.NE'SSW'/ and WI6SW'd Eying souther)), of the southerly right•of•way line of Highway interstate 70 in Sec. 9, T. 6 5,, R. 92 W., 6'P.M-, Garfield County. Slate of Colorado being described es fohows: Commencing at the SW comer of said Sec. 9 and considering the south line of said Section 9 to bear 5.89.49'47" W. and all bearings contained herein to be reiatit'e thcrcln; thence N. 44'45'54" W. 40,00 feet along the West line of Section 9 to the North right-of-way Ane for County Road 346; thence N. 00'45'54" W. 1 135.14 icer along the West line of Section 9 to the Polio OF BGGIFIS NG; thence N. 90.45'54'W. 128.59 feet Along the West line of Section 9sothe NWcorner of the SWV.S Wirt Section 9; thence N. 00`45'54' W. 155.17 feet along the West line of Section 9 to the intersection with the Southeasterly right-of-way line for Highway Interstate 70; thence N, 56'00'00" E. 2625.69 fret along the Southeasterly right-of-way line for Highway Interstate 76; thence 3. 00'44'19' E. 945.52 feet; thence S. 89'3428" W. 871,66 feet to the intersection with East line of the N W %SW% Section 9; thence S.00-44'51" E. 663.83 feet along the East tine of the NW'' 4SW(4 Section 9 to the SE comer of the NW145WV.. Section 9; thence 5. 00'44'11" E. [21,59 feel along the East line of the SW''SW'I. Section 9; thence S. 89'39'34' W. 1311.89 Sect 10 the PONT 00 BEGINNING, containing 35.01 acres as described. Formerly described as NW%NE'14SW01 and pans of the NE%NE'/.SWV and WFSWh lying southerly of the southerly right -a f•way line of Highway interstate 70 (excopr that part e f the W7OS W ti described as Parcel 2 hereinabove) all situate in Soc. 9, T. 6 S., R. 91 W., 6" P.M. PARCEL A parcel of land situen ed in the NE'GNEYSW'/., that pan of Lot 4 lying southerly of the south right -of -Way lint of Highway Interstate 70,1,015, and pan of Wv.5E'G all in Sec. 9, T. 6 S., R. 92 W., 6" P.M., Garfield County, State of Colorado being described ou follows: Commencing at the SW comer said Sec 9 and cnnsidcriog the south line of said Section 9 to bear 5. 89'49'47" W, and all beuings contained herein to he tole:lye thereto; thence thence thence thence Ihcncc thenec thence thenec thcicc thence Ihcncc thenec L4rgaSrlc Dccd 4i D Descriptions N. 00'45'54" W, N, 00'45'54' W. N. 00'45'54" W. N. 00.45'54' W. N, 56'00'00" E. N, 56'60'00" E" S.48°35'51' E. S 75°4725"E. 5. 38'47'43' E, S 30'29'17" E. 5. 99'34 28" W. N.00'43'47' W 49.00 feel along the West line of Section 9 tc thcNonh rght-of-way line for County (load 345; 1155.14 feet along the West line of Section 9; 128.59 fen along the West line of Section 9 to the NW corner of the SW'GSW 2 Section 9; 155,27 feet along the West line of Secrion 9 to the intersection with the Southeasterly right-cf•way (Inc for Highway interstate 79., 2625.69 feet along the Southeasterly right-of•way line for fntcrslate 70 to the PUNT OF BEGNNINOI 418.30 feel elongthe Southces;crl y r.ghl-oi-way line ter Highway Interstate 70 10 the center}ine or the Colorado River, 145.85 feet long the centerline ofthc Coin .dn R.vcr; 515-50 feel along the crrterfine of the Ce?erode River, 742.18 fret r4en0 an canting fence Ord the projccticn thcrtuf; 598.71 fccr along an touting fence, 97 i 4E fa: to 'ht ir.tcrsection with I,".c West .,,x cr',hc )1 WAS E./. Sidle❑ 5 231 50 lett 010.19 the West Inc or the 1'W'i.5E/. Scu.nrr 9, Page 2 of 4 Hnr.rs-GrFaut. RANCIPi Co. LLC 1 Nil I11111111111 11111111111111:^ Cit 111 1111 1111111 681782 09/07/2005 03;30P B1724 P435 M RLSDORF 3 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO thence S. 89'34'18" W. 440.46 feet; thence N. 00'44'19" W. 945.57 feet; to the POINT OF BEGINNING, containing 35.01 acres u described. Formerly described as those parts of the N E'/.NE%SW4, and Lot 4lying southerly else south right-of-way line of High way Interstate 70, Los 3, and pan of NWV.SE'r; Ili in Scc. 9, T. 6 S., R. 92 W., 6' P.M. PARCELS A parcel of land situated in Lot 3 and those parts of Lot 4 and W'RSW' lying northerly of rhe north right-of-way line of Highway Interstate 70 in Sec 9, T. 6 S., R. 92 W., 6" P.M., Garfield County, Stoic of Colorado heirs described as follows: CO=30316132 Df the SW comer of surd Sec. 9 and considering the south line of said Sec. 9 to our 5 89.49.47" W. and all bearings contained hereon to be relative thereto; thence N 00'45'14" W. 40.00 fees along the West line of Section 9 to the North right -of --way line for County Raid 346; thence N. 00'45',4" W. 1 i 15.14 feet along the West line of Section 9; thence K430'45'54" W. 128.59 feet along the West line of Section 9 to the NW corner of the SWY.SW'. Section 9; thence N. 00'45'54" W. 155.27 feet along the West line of Section 9 to the intereectian with the Southeasterly right-of-way line for Highway intermit 70; thence N. 00'45'54" W. 567.93 icer w the Northwesterly right-of-way line for Highway Interstate 70 being the POINT OF BEGINNING; thence N. 00'45'34" W. 600.34 feet along the West line of Section 9 to the SW corner of Loi 3 of acid Section 9; thence N. 00'4554"W 1323.74 feet along the Weal fine of Section 9 1e the NW corner of Lot 3 of said Section 9; thence N. 00'43'54" W. 348.61 feet along the West line of Section 9 In the centerline of the Colorado River; thence N. 87'30'47" E. 983.44 fact ;long the ccruerline of th a Colorado River; thence S, 55'42'06" E. 1279.05 remaking Lhc centerline of the Colorado River; thence S. 46'36'31" E. 282.86 fact along the centerline of the Colorado River Lathe intersection with theNorth westerly right-af•way lint far Highway Imersl el a 70; thence S. 36'00'00" W. 1113,14 feet along the Northwesterly right-of-way lint for Highway Interstate 70; thence S. 75° 18'00' W. 227.00 feet along the Northwesterly right-of-way line for Highway /tartrate 70; thence S. 56'0000' W. 1301.05 feet along the Northwesterly right -of --way line far Highway lnIcriting 70, to the POINT OF BEGINNING, containing 69.64 scree as described. Formerly described u part of Lai 3 and those parts of Les 4 and W'ASWii lying northerly of the north right-of•way lion of Highway Interstate 70 in Sec, 9, T. 2 S., R. 92 W., 6'• P.M. TOCCTBCR WITH all water, water rights, ditch and ditch rights appurtenant to the foregoing property, including but net nceeasarily limited to the following: All appurtenant water, water rights, ditch and ditch, including but not limited to 4 94 cubic feet of water per second of cirre of the waters adjudicated to the Rising Sun Ditch, including the engine] edjt,dication and the first enlargement adjudicated in 1888, and the second enlargement, adjudicated in 1965, which have Priorities Nos. 86, 24, and 72E, respectively, with appropriation date; of Deo. 5, 1883, Dec. 1, 1816 and April 15, 1953, respectively. AssessorSchedules b. Panode Nor.: Schedule 23428 Parcel 217909340327, Schedule 23347 Petrel 217909300106,Schedu]e 23346 ?Arco I217909200105,and Sche4uie217909200iO4 arm/ 023348. Also known aa. 6533 County Road 346, Sill, CO 81652. TOGETHER WITH all and singular the hareditaments and appurtenances therelebelonging, erin anywise appertaining, end the reversion and cNerssans, remainder and remainders, rents, issues and profits theicef, and all the estate, right, ti11o, interest, claim and demand whatsoever of the Grantors, millet -in law or equity, of, in and to the above bargained premises, with the hcrcditarnrnts and appurtenances. To NA VE AND TO HOLD Ihr carne,10ge'her with aft and singular lh: Icounenances and privileges thereunto belongir.g or In anyWISO shereuato appertaining, and aI1 the 0010te, right, title, interest and claim whatsccvcr the Grantors hove or hcrca4ercquire, either ,e law or equity, W the only proper use. honer, and behoof of:he Grantee. 111 successors and assigns :Oren: The s;ngular ;Amber shall include she plural, the plural the singular, arid tee kite of any gender shat! be applicable to ail genders. 1+. WITNEa5 WHLRCGF, Granters have executed ih.is decd on the tat: 10: forth a'covc Fl argueSa le Decd GED Descriptions (Th Page 3 of 4 HAitcs-Gvrsurr RAI:"I? Co. L'_C 1 11101 11111 1111111 1 It 11111 11111 111SHIT ill 681782 09/07/2005 03 30P B1724 P436 M ALSDORF 4 of 4 R 21,00 D 0.00 GARFIELD COUNTY CO STATE UF COLORADO COL/NTT OF GARFIELD p�rmi137 HRNGS. irustcc, u r the Donal J. 'e`rtgs Chsrimbie Remainder Unitrus tiled May 9 2002 The foregoing Bargain and We Decd was acknowledged before= this 6" day of September, 2005, by DONALD 3. HANGS fndiriduatly and ■:Trustee Under the DONALD J. HANGS CHARITARLL R[hfAINDLR [1NrTRu3T AL�3AQ2� Witness my he My commission DEh';a ROQF Piro: NOTARY t1BL .STATE OF COLO4 • 14'rnmmisOn Expires 0912712005 The foregoing beerings end distances pared descriptions were taken from a field surrey pen Surveying Systems, Inc., 1018 Colorado Ave., Grand Junction, COB 1501. When Recorded Return To: Edward Mulhall, Jr., Esq. Baleontb s4 Green, P.C. P. 0. Drawer 790 Cloward Springs, CO 81602 B i-Sair & 52:c 'Decd O ED Descriptions d in 2002.03 by QED Pa2c 4 oft 111111111111 11111111111111111illi, .111111111111111111 681783 09/07/2005 03 32P 61724 P437 M ALSDORF 1 of 1 R 6.00 D 0.00 GARFIELD COUNTY CO ASSIGNMENT THIS ASSIGNMENT, made this 6'h day of September, 2005, between DONALDJ. HANGS individually and as Trustee under the DONALD J. HANGS CHARITABLE REMAINDER UNITRUST, dated MAY 9, 2002, as evidenced by that Affidavit afTrrut e'rAliment ofAuthorrry recorded July 1, 2003 as Reception No. 630794in Book 1488 at Page 2, Office of the Clerk and Recorder, Garfield County, Colorado, of the County of Garfield, and State of Colorado, (Assignors), and GYPSUM RANCH CO, LLC, a Colorado Limited Liability Company, whose legal address is 818 Colorado Avenue, Glenwood Springs, CO 81601, (Assignee): For and in consideration of the sutra of ten dollars and other good and valuable considerations, the receipt of which is hereby acknowledged, Assignors assign, transfer and convey without warranty, all of their right, title and interest, as Lessors, in and to that certain Oil and Gas Lease dated April 26, 2002, between Donald J. Hangs, lessor, and Williams Production RMT Company, lessee, recorded June 27, 2002 as Reception No. 606002 in Book 1365 at Page 523, as assigned by that Assignment of Oil & Gas Leases, dated January 1, 2005 .and recorded as Reception No. 669712 in Book 1668 at Page 34, both Office of the Clerk and Recorder, Garfield County, Colorado, to the lands in Section 9, Township 6 South, Range 92 West of rhe 6" Principal Meridian, Garfield County, Colorado described therein. Assignors hereby also sell and quitclaim all right, title, interest and claims Assignors may have in and to arty and all mineral rights on, in and under any and all streets, county roads, highways,railzoad strips and/or any and all other easements and rights of way whatsoever, canals, ditches and other waterways lying across and/or adjacent and/or in any way appertaining to the lands described in the Oil and Gas Lease and Assignment of Oil Sr Gas Lease above described including without limitation any lands acquired by accretion through meander of waterways. IN WITNESS WHEREOF, Assignors have executed this Assignment on the date set forth above. STAm OF COLORADO ) ss. COUNTY OF GARFIF LD P-5-1.14 DONALD J. HA D►' ALD J. HANGS, Tr tee, uncle r e Donal J. Hangs Charitable Remainder Unitrust, dated May 9, 2002 The foregoing Assignment was acknowledged before me this 6' day of September, 2005, by DONALD J. HANGS individually and as Trustee under the DONALD J. HANGS CHARITABLE REMAINDER IJNITRUST, dated MAY 9, 2002. Witness my hand and official seal. My commission expires: W'hrn F.erorded Return To: Edward Mulhall, Jr., Esq. Baicomb & Green, P.0 P. O. Drawer 790 Glenwood Springs, CO 81602 Notary Publi DEI°".°'ROOF NOTARY l_'BLIC STATE OF COLORADO _1 �. f nrrt[nis� on Expires 09/2712005 2 LI iI STATEMENT OF AUTHORITY 1. This statement of Authority relates to an entity named: GYPSUM RANCH CO. LLC 2. The type of entity is a: ❑ corporation o nonprofit corporation • limited liability company ❑ general partnership ❑ limited partnership ❑ registered limited liability partnership ❑ registered limited liability limited partnership ❑ limited partnership association ❑ unincorporated nonprofit association ❑ government or governmental subdivision of agency ❑ business trust ❑ trust 3. The entity is formed under the laws of: The State of Colorado 4. The mailing address for the entity is: c/o Scott Barcomb, 818 Colorado Avenue, Glenwood Spri i s, CO 81601 5. The name(s), or ® position(s) of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is (are): Scott Balcomb, Manager Richard K. Stephenson, Manager 6. (Optional) The authority of the foregoing person(s) to bind the entity is ® not limited ❑ limited as follows: 7. (Optional) Other matters concerning the manner in which the entity deals with interests in real property: 8. This statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. State of Colorado County of Garfield ) )ss. Executed this '3isr day of August, 2005 NUM cr r.ra L. 0 - �rA - a i�lA Z - CO t - F1 • �awarm =h c r`+i raw,- -ark MOM 61 6 Rm6 mC NiWNW 0 t nc� Ern —c_ miirr ti 6 mar 1y The foregoing instrument was acknowtedged before me this day of August, 2005 by: Scott Baicomb and Richard K. Stephenson as Managers of GypsumRanch.Q`sCC- �,v g Y f :rr1aUR Witness my hand and official seal, My Commission Expires: 818 Colorado Avenue Glenwood Springs, CO 81E01 1.i 7c.7.17115.570f) E/pires May t, 2C;,9 Nctaryr4{4Gc f ; L` 1 Banks and Gesso, LLC Exhibit 0 — Owner(s) of Record of Affected Land (Surface Area) and Owner(s) of Substance to be Mined The owner of record of the affected land and the substance to be mined is: Gypsum Ranch Co., LLC P.O, Drawer 790 818 Colorado Avenue Glenwood Springs, CO 81601 Grand River Parr. Protect 05021 Silt Sand & Gravel LLC 29 May 200+5 Banks and Gesso, LLC Exhibit P — Municipalities Within Two Miles The subject site is located within two miles of the Town of Silt, but outside of the city limits. The Town is currently processing an application for Annexation of the subject site filed by the Owner of the property. Town of Sift 231 N. 7th Street P.O. Box 70 Silt, Colorado 81652 (970) 876-2353 Grand Ri,er Park Project Sarid & Gravel t_,_C 30 05021 May 2005 Banks and Gesso, LLC Exhibit Q — Proof of Mailing of Notices to Board of County Commissioners and Soil Conservation District Proof of mailing to the following entities can be found on the following pages. Garfield County Board of County Commissioners 108 8th Street, Room 100 Glenwood Springs, CO 81601 (970) 945-5004 Sharie Prow, District Manager Bookcliff Soil Conservation District 401 23rd Street, Suite 106 Glenwood Springs, CO 81602 (970) 945-5494 Crand River Park Project S;t Sand & Greiel LLC 31 05r2i '.�3y 0 NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION NOTICE TO THE BOARD OF COUNTYCOMMISS1ONERS Garfield COUNTY Silt Sand & Gravel, LLC (the "Applicant/Operator") has applied for a Regular (112) reclamation permit from the Colorado Mir.ed Land Reclamation Board (the 'Board") to conduct the extraction of construction materials operations in G a Effie ld County The attached information is being providedto notify you ofthe location and nnhire Of the proposed operation. The entire application is on file with the Division of Minerals and Geology (the "Division") and the local county clerk and recorder The applicant/operator proposes to reclaim the affected land to Recreation use. 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 land 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 cranments on the application within twenty (20) days of the date of last publication of notice pursuant to Section 34-32.3-112(10), C.R S If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact the Division of Minerals and Geology, 1313 Sherman Street, Room 215, Deriver, Colorado 80203, (303) 866-3567 NOTE TO APPLICANT/OPERATOR You must attach a copy of the application form to this notice. If this is a notice of a change to a previously filed application you must either attach a copy of the changes, or attach a complete and ac rate descnption of the change 17 rags^vc:r.'o+-ris�_c�wu:t,ai '26oc jApproed C/3/1 rick5i at"-.)r { ! ._U ( i i. f 1 ; i�lr 9 ' {fir i e,• rrl _, !..zS.11 .,5.!:,..:.. J .. • L...,.-,�-......L a3. L-� f'1L—::v 1.w.. ),. y!,4 • .....: • =,�,,:...�:,3 _0.37 — , UNIT ID: iOSS 1 . 1 -f. a is a 1 .35 '��..-, Y m Garfield Co. Board of Courity of r- i =.:ti Commissioners 1.-,,�c f1` 8th --r!!-?:--'-` -- _ia-- 108 Street, Room 100 Glenwood Springs, CO 81601 NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT FOR REGULAR (112) CONSTRUCTION MATERS EXTRACTION OPERATION NOTICE TO THE BOARD OF SUPERVISORS OF THE LOCAL CONSERVATION DISTRICT Sookcliff DISTRICT Silt Sand & Gravel, LLC (the 'Applicant/Operator') has appliedfor a Regular (112)reclemation permit from the Colorado Mined Land Reclamation Board (the "Board") to conduct the extraction of construction materials operations m Garfield County The attached information is being provided to notify you of the location and nature of the proposed operation The entire application is on file with the Division of Minerals and Geology (the "Division") and the 1 ocai county clerk and recorder The applicant/operator proposes to reclaim the cted land to Recreation use. Pursuant to Section 34-32 5.116(4)(m), C R 5 , the Board may confer with the IocaI Conservation Districts before approving of the post -mining land use. Accordingly, the Board would appreciate your continents on the proposed operation Please note that, in order to preserve your right to a heanng before the Board on this application, you must submit written caraaents on the application within twenty (20) days of the date of last publication of notice pursuant !o Section 34-32.5.112(10), C R5. If you would like to discuss the proposed post -mining land use, or any other issue regarding this application, please contact the Division of Minerals and Geology, 1313 Sherman Street, Roorn 215, Denver, Colorado 80203, (303) 866-3567. NOTE. TO APPLICANT/OPERAI~OR You must attach a copy of the application form to this notice. If this is a notice of a change to a previously fi led application you must either attach a copy of the changes, or attach a complete and accurate description of the change 7.i vm.r. shdeisiers1Dra:r ;;u i 12 lo; {Approved 75!1 i /2035) F ; 1;,'^f, r ih.,r 'fir «�,7 r ti itis }, m aisdia�G.,i..lz..!- r _. `.c,&..1a7i'u i}... 1.,. .C..y. r..�i ...v ..:�'.' .'.ate..? ,ti- .. _,..••42.. --'.71:. L:.in:...r-.a.,..-,e-i. .a. 1 , Yin L _ _ r' E;�,t0nt1Slaf_i_t?G ? _i3 3#i,1 - _ I1 u .�-. r�,y,,.____�. J =r Y i'u..ta5a if o 0.37 tii'tr II': "y`.{_B 00 r, a : d . 40 1'f .. t f "') r5 0 0 tiE.r�i:i c �':�i ij� i.�s S yti �t� rr.• ; j•' Sharie Prow r` i j:r;1 Bookcliff Soil Conservation Dist, -- --- 1:;;;;: 401 --1:;;;,401 23rd Street, Suite 108 Glenwood Springs, CO 81602 AFFIDAVIT OF RECEIPT This document holds that the Garfield County Clerk and Recorder's Office has received a copy of the "Colorado Mined Land Reclamation Board Application for Construction Materials Regular 112 Operation Reclamation Permit, Grand River Park Project, Town of Silt, Garfield Co., Colorado" dated ,, / 7 , 2006 r�~t� Dated this / ! day of ri , 2006 Ga Meld County Clerk and Recorder (County 3, 6,91) Banks and Gesso, LLC Exhibit S -- Permanent Man-made Structures Permanent man-made structures located within 200 feet of affected areas are as follows: Silt Sand & Gravel LLC will obtain notarized agreements with the structure owners as noted in the table above. Silt Sand & Gravel LLC agrees to setback at least 200 feet from any permanent man-made structure for which an agreement has not been obtained, until either a notarized agreement with the structure owner has been obtained or an engineering analysis report has been prepared and submitted to the Division. An affidavit from Silt Sand & Gravel regarding the setback requirement is also included following this section. Grand Ehler Park Pro;ec: Silt Sand & Gravel LLC 33 G 5';21 May 200E Structure Owner Address 1 Overhead power line Western Area Power Administration Attn: Carey Ashton P,O. Box 3700 Loveland, CO 80539-3003 2 Overhead power line Xcel Energy/Public Service Company Attn: John Gurbach 550 15"' St., Ste 700 Denver, CO 80202-4256 3 Last Chance Ditch ` Loesch & Cram Ditch Company Attn: Jim Snyder Roy McPherson 0040 County Road 332 Rifle, CO 81650 P.O. Box 66 Silt, CO 81652 4 Rising Sun Ditch 5 Underground gas lines Antero Resources Attn: Robert Mueller 1625 17`h St., Ste 300 Denver, CO 80202 _I 6 Underground phone line Qwest Don Somer, Right of Way 12680 Weld County Rd 58 Greeley, CO 80634 7 County Road 346 Garfield County Road & Bridge Attn: Jake B. Mall P.0, Box 426 Rifle, CO 81650 8 J Interstate 70 CDOT Property Management Attn: Mike Anders 15285 S. Golden Rd, Bldg 47 Golden, CO 80401 9 Residence/Outbuildings H.D. & Leslie Marie Kancilia 6301 County Road 346 Silt, CO 81652 Silt Sand & Gravel LLC will obtain notarized agreements with the structure owners as noted in the table above. Silt Sand & Gravel LLC agrees to setback at least 200 feet from any permanent man-made structure for which an agreement has not been obtained, until either a notarized agreement with the structure owner has been obtained or an engineering analysis report has been prepared and submitted to the Division. An affidavit from Silt Sand & Gravel regarding the setback requirement is also included following this section. Grand Ehler Park Pro;ec: Silt Sand & Gravel LLC 33 G 5';21 May 200E Colorado Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 215 Denver, Colorado 80203 RE: Silt Sand & Gravel, LLC, Grand River Park, Garfield County, Colorado To Whom It May Concern: Silt Sand & Gravel, LLC ("Applicant") agrees to keep the affected area of the proposed operation referenced above at least 200 feet from all permanent man-made structures owned by other parties unless and until we have obtained notarized agreements with the structure owners allowing activity within 200 feet, and provided this agreement to the Division of Minerals and Geology (the "Division''), or until we have provided the Division with an approved engineering analysis for the structure. Agreed to by the Applicant: Silt Sand & Gravel, LLC By: �} //'/1-:_/1 Title: Date: STATE OF COLORADO ) ` )ss COUNTY OF (_�; g•o=- ) The foregoing instrument was acknowledged before me on this /6— day of 01 , 2006 by (>); ..1 I'i as c.t ?), PR e 5; of G 4.n-4 ft c. � c (Title) (Company) Witness my hand and official seal. ) ti--- , . M cohni' rf$ pn expires: Notary Public / : �� - ;-1y:C:= Attachment A NRCS Reclamation Plan Letter Banks and Gesso, LLC United States Department of Aprksakarrs o NRCS Natural Resources Canaervallon Service Glenwood Springs Service Canter ' 401 23° SI., Suite 106 Glenwood Sennas, CO 61601 Stephen R.daouen Range Management Specialist {970) 9455444 s leo h en, j a oo a rr a co us d a. gov TO: Maureen Jacoby RE: Reclamation Recommendations for a Proposed Sand and Gravel Mine in Section 9, T. 6 S., R. 92 W., 6t P.M. The following is a seed recommendation based on soil and range information for the above mentioned area. See accompanying documentation on existing soils and practice standards and specifications for more information, Seedbed Preps Remove materials such as rocks and trash that will interfere with planting. The seedbed shall be well settled and firm, but friable enough that seed can be placed at the seeding depths specified. Soils that have been over -compacted by tragic or equipment should be tilled and harrowed, rolled or packed to prepare the required rum seedbed. Methods of Seeding: Use a drill to plant seed on slopes that are 33% (3:1) or flatter. Planting recommendation is based on drilling seed. Double if broadcast seeding. Incorporate seed to a depth not to exceed 1/2 inch by raking or harrowing when broadcasting. Planting Dates: Dormant — Spring Planting October 15 to April 30 Summer Planting June 15 to July 15 Planting Depth: 1/2 inch. Species {common) Species (scientific name) Variety PI.S/Ac to ' Use (100%) 1/2 in 1 Rate (PLS mix iMac) Alkallsacaton Sporobolus airoides Salado 1.5 20 ; 0.3 inland saltgrass Dirtichlirspicata 3.0 15 0,5 Western whealgr, ass Parcapyrum smithrii Arriba 16.0 20 3.2 13ottltbrush squirreltaii Elymuseymoides 9.0 10 0.9 Bluebunch wheatgrass Pseudorogrreriospicaiaspicata GcIdar 12.0 20 2.4 Muttongrass Poo ferrdleriana 1.0 15 0.2 Totals 42.5 100 7.4 All rates are formulated on a Pure Live Seed (PLS) bases and in accordance with the Critical Area Planting (342) Standard. Fertilizer: Usually when establishing native plantings no fertilizer is recommended as weeds flourish under fertilization, however, if fertilizer is needed they shall be based on soil tests prior to planting. Mulching: On slopes less than 33% (3:1) Certified Weed Free Straw shall be applied at a rate of 2C00 — 3000 lbs per acre. A taukifier shatl be used to hold the mulch in place. On slopes over 33% (3:1) an Excelsior wood fiber mat or straw mat will be used. Secure as per manufactures instructions. The rraturat Ancuces Conservation Service grander leaeenn.p in a pa.rre,srzip [Ilort to neip;.cop'e cumenen rralnuln. and ,raacwe our ratrrai reso.uces and environment, An Faust 6pnaionity Prasidrr and rmybyer Grand River Park Prclect (..5(..J 21 Slit Sand & Gra,rei L C 34 Mai 2CJ6 Banks and Gesso, LLC Trees & Shrub Plantings: Trees and shrubs should be established according to the included Tree & Shrub Planting (612) Specifications. Recommended species are as follows: 1. Golden currant (Ribes aureum) 2. New Mexico forestiera (privet) (Forestiera pubescens) 3. Hybrid cottonwood (Populus deltoids) A detailed planting plan should be developed based on the topographical, hydrological and soil conditions after mining. Pest Management (Weed Control): Noxious weeds may exist on the property. Saltcedar (Tamarix ramosissima) and Russian Olive (Elaeagnus angustifolia) are known to be on the property. These weeds, along with other noxious weeds that may come up during the reclamation process, need to be controlled for at least two years after planting. Scouting and identification of noxious weeds as they show up on the property is critical. Work with the Garfield County Vegetation Manager on this issue. Thanks, Stephen R Iaouen Range Management Specialist USDA, NRCS Glenwood Springs, CO 81601 Grand RF,er Park Project Sint Sar,d & Gravel LLC 35 OS021 May 2006 Banks and Gesso, LLC Attachment B Colorado Historical Society Records Search COLORADO HISTORICAL SOCIETY Office of Archaeology and Historic Preservation 1300 Broadway Denver, Colorado 80203 6 January 2006 Katy Solo Banks and Gesso, LLC 720 Kipling St., Suite 117 Lakewood, CO 80215 Al your request, the office of Archaeology and Historic Preservation has conducted a search of the Colorado Inventory of Cultural Resources for the following locations: PM TOWNSHIP RANGE SECTION 6th 6S 92W 9 1 site(s) aed 3 survey(s) were located in the designated area(s), If information on sites in the project area was found, detailed information follows the summary. if no sites or districts were found, but surveys are known to have been conducted In the project area, survey information follows the summary. We do not have complete information on surveys conducted to Colorado, and our site files cannot be considered complete because most of the state has not been surveyed for cultural resources. There is the possibility that as yet unidentified cultural resources exist witnin the proposed impact area. Therefore, in the event there is Federal or State involvement, we recommend that a professional survey be conducted to identify any culturat resources in the project area which are eligible to be listed in the National Register of Historic Places. We look forward to consulting with you regarding the effect of the proposed project on any eligible cultural resource In accordance with the Advisory Council on Historic Preservation Procedures and the Preservation and Protection of Historic end Cultural Resources (36 CFR 8). Please provide this office with the results of the cultural resource survey for our review of professional adequacy and compliance with regulations. If you have any questions, please contact the Office of Archaeology and Historic Preservation al (303) 866-3395 or 3392. Thank you for your interest in Colorado's cultural heritage, Susan M. Collins Deputy Stale Historic Preservation Officer for Archaeology 'Information regarding significant archaeological resources is excluded from the Freedom of Information Act. Therefore, legal locations of these resources must not be included in documents for public distribution. Grace River Park P O uct Silt Sard & Gravel LLC 36 Tie} 20G6 Banks and Gesso LLC 06 TAN 2006 COLORADO 913700111L SHIM OFFICE Of ARCHAEOLOGY AND HISTORIC PRESERVATION S4RYE9 REPORI SURVEY f0 S0R9ET FAME PROCEOU4E NC,Clf.196 14IE4:[A1E3 25, 70,125, AND 170, ES,MJSAYAYS-Id 445 ( '924 ,Rt 44109631.9i tOO 5ThUA SEi0ERTST90O OTtF3 3URVETED 201 OE 901318 509M'UNICAIIANS T.BER OPTIC !MIEN (6 5420.102) 1,040) COATS WO AOE4CY INSTITUTION 00111459 CMPnlorc0Qepart+eet 6t [ralsp:095101 j5641} ratemilArctie01099 AVM DOCUMENT 'SHERMAN, 5154(4 A. No R, A ;ULNAE NTSOONCE SUNYE9 0E 11 52TAIES 23 TO 213 1 110, 41.5. mous 3{ E METCALF, NARY A. PAINTER, D. 160 1 STATE 91004495 13 E 470 FOR 114E PROPOSED APESIA COMMUNICATIONS f1BE4 OPTIC CHA111CK 302IEL 247131104 1. 203150, 60100800 10 5100.102) 21E0 M 1950 MEM 4091083 1010111345'l-• 66 P03912CIfs, 1] IlSi011( 1ESL i5 RE52 031ORIMEL1P PRf9100551VIOUSLY 145200232DEO PIMULIICDMPOIENT53 4519 3D 45MEL eee LOCATION IN5DRMA'1124 011 MAPS P.A. TRAM RAM SEC A647104 610 7211 14641 - SI 10 • 64YS440• NOENNE 61H HOS 0644 140501 609 1365 8641 STARKVILLE 638 1345 1648 141E HOGBACK 6TH 1335 9641 1R1NIDAD EAST 6TH 133S 4.641 11111040 4531 619 T33S 4661 4141141 ATM 7335 0644 S1 NE E ME 50144050 21147 439 1335 4630 9A;940 8011E 609 1335 R411 NE S1 E 111 PRYOR 610 1330 4631 441590945 MORIN 019 1325 4631 R M0 4ALSENOU46 SOMTM 4114 1325 0631 911ES 614 1325 4431 E Si 08 Si SE I1 4 N1 COLORADO 0119 67H 9325 0634 S1 MN 91110028 HILL 61 732S 8649 40N147E451 PUEBLO 118 T522 8644 11 SE 1 NE NE 94 31001 61N 1325 R640 S4 04 STEELE 16L56I 6T9 7325 9448 4E111E 3C1001 619 0313 8641 E SI 11 34 S1 81 0802149E 92441014 610 7315 8669 144 NE 30123405 2482405 4174 1310 1649 (0111111/14144 2515 4444 69E00410 614 1315 2611 1 NE NE NI 9240191 6114 1315 1d IN SII' 352 5,111 $ t E SE Sl 4 536 4 525 4 521 513 SE 51 Mi 56 531 FSI 530 9 E 319 SY SE 318 4S4 512 E SE 51 SY S2 AE 335 54 SE 320 E ME 127 S $28 NE 521 52 NE 316 V T01A1 ACRES 211(057 16510.000 532 IfS. NTH TS;S 45 9501E; 42 32 10084 13;S 34 00050; 42 32 10894 13;5 33 BH9E; 42 30 30084 13;$ 32 4504E; 4229 00014 1315 31 0001E; 42 25 0000 13;5 21 00095; 12 19 12014 13;5 21 9501E; 42 19 15004 • 13;S 32 100ME; 42 25 00094 13;5 32 10095; 42 29 00048 13;S 33 10092; 42 30 30010 13;3 01 O06ME; 13 SI 12008 13;3 01 95045; 43 12 25018 13;3 01 100915; 43 11 05048 13;3 10 0009E; 43 12 95099 13;3 10 10040; 43 82 35098 13;3 01 1204E; 43 02 95199 13;3 09 00190; 43 12 15018 31;5 08 15000; 43 01 15090 110 30 3309E; 43 19 00090 31 alSNE; 43 89 10098 13;3 90 9550E; 43 13 15099 13;3 92 50095; 43 83 30094 13;3 43 1009E; 43 12 60098 0;5 02 2509E; 43 81 65040 11;1 95 6009E; 43 16 50299 2312:5509120 5731:152.1155.71143.1 1 Crand River Park Project Sand & Gra'rel LLC 37 ;}5 121 May 2013 Banks and Gesso, LLC 616 165 611 165 NE S1 N SE 6TN 165 5 NY N SE 1116 1115 S NN N6 1711 1113 N HE 6911 163 618 163 NY HE 6111 T1S 6936 S16 5 66 6936 SSS 11 S6 1931 311 NH SH 110511 913 MV 09211 5111 X 1 9926 511 11 916 0921 SS SE 36 619 143 112 S3N M 5N 61HE 165 6926 SLI 511 6TH 165 6921 312 H 11 . 61H 165 6621 51 35 SE 6TH 165 61111 31 NY 6611 6619 165 1316 31 3 5 6TH 165 6916 $5 $Y N SE 6111 103 8916 51 N 56 SE HY NE 6511 153 99111 535 5 SE NE SE 6Th 155 9946 531 N 5 6111 155 8901 512 SI SSE 6TH 155 119011 Ili S S 6619 555 9901 531 5156 k Si SE 611 S NE 6911 155 99)1 132 5 NE 31 11 56 61H T55 1906 331 S Y 10 SE 1113 155 139.51 536 66 36 6166 133 6994 211 NO 51 S5 611 T65 6109 S1 N 6i 111 .116 5 NE Nf SE 611 TNS R906 51 NSI 16 1111 S 65 6111 163 Ri96 56 S 616 165 1696 SS 6 S SE 55 616 163 2006 51 51151 6111 165 8296 59 6 116 5E N6 5 HE 61H 163 0999 311 Y 611 616 143 1376 31 S SY NE 56 12l0R#00 HISTORICAL SOCIETY OFFICE 06 1195611(610111 11110 HISTORIC 10E06611011 SURVEY REPOR1 ILO; 3211151 LI57: 619.L127.ITr13-1 Gr=>rd Ryer Park Project milt Sand & Grav& LLC 38 05021 May 2006 Banks and Gesso, LLC Attachment C Certification of Sign Posting PUBLIC NOTICE This site is the location of a proposed construction materials operation. Silt Sand and Gravel L.L.C., whose address and phone number is 0304 Highway 133, Carbondale, CO 81623, 970-963-2296 has applied for a Regular 112 Operation Reclamation Permit with the Colorado Mined Land Reclamation Board. Anyone wishing to comment on the application, known as the Grand River Park Project, may view the application at the Garfield County Clerk and Recorder's Office, 109 8th Street, Suite 200, Glenwood Springs, CO 81601, 970-945-2377 Ext. 1760, and should send comments prior to the end of the public comment period to the Division of Minerals and Geology, 1313 Sherman St., Room 215, Denver, Colorado 80203. Certification: I,� => hereby certify that 1 posted a sign containing the above notice for the proposed permit area, known as the Grand River Park Project, on ") 7Mag , 2006. SIGNATURE 5'17 DATE Grand River Park Project SJIt ;,and & Grave! LLC 39 05021 May 2u06 Banks and Gesso, LLC APPENDIX B Substitute Water Supply Plan Approval Request as submitted to the Colorado State Engineer's Office Grand River Park Project 05021 Silt Sand & Gravel LLC September 29, 2006 EDwANo MULHALL, r1R. SCOTT BALCOMS LAWRENCE R. GREEN Ti omY A. THU.SON DAVeD C. HALLFORD C,RISTOPHEN L. COYLE THOMAS J. HARTER7 CHRISTOPHER L. GeIGER SARA Ni DUNN DANIEL C WENNOOLE SCOTT GROSSCUP SHANTI A. Rosser" • L.:rm... BALcomn dr GREEN, P.C. ATTORNEYS Al' LAW P.O. DRAWER 790 818 COLORADO AVENUE 0L.I NWnon SPY{1NGS, COLORADO 81802 VIA U.S. MAIL Harold D. Simpson Colorado State Engineer Division of Water. Resources 1313 Sherman Street, Rooni 818 Denver, CO 80203 `['ELioni sur.: 970.945.6546 PAcsroxi,c1 970.415.8002 www.ba Icombgrecn.com July 13, 2006 KENNCTH BALCOMS 1920.2005 OF COUNSEL: JOHN A. T,-IULSok SPECIAL COUNSEL: WALTER D. LOWRY Re: Substitute Water Supply Plan For Gypsum Ranch Co. LLC and Silt Sand & Gravel LLC, Water Division No. 5, Case No, 06CW121 Dear Mr. Simpson: This letter and its attachments are a request for a substitute water supply plan for Gypsum Ranch CO. LLC and Silt Sand & Gravel LLC in Garfield County, Colorado. This request is made pursuant to C.R.S. §§ 37-90-137 and 37-92-308(4) (2005) and your office's Policy 2003-02 and related Guidelines. • Project Need. An Application for water rights and plan for augmentation has been filed in the Water Court, Colorado Water Division No. 5, in Case No. 06CW121. A copy of that Application is attached as Exhibit A. The Application requests confirmation of a ground water right for one existing well and conditional ground water rights for five lake wells that will intercept groundwater for industrial, recreational and wildlife habitat uses. Applicants have applied for a permit to begin the extraction of sand and gravel located on the property and require a legal supply of water before operations may begin. Project Description. The engineering report of Colorado River Engineering, Inc., Dated June 26, 2006, attached as Exhibit B, describes in greater detail the need for the requested plan .and otherwise responds to the requirements of Policy 2003-2 and its Guidelines. In summary, the Applicants are proposing a sand and gravel pit that will. result in the creation of several Lake Wells exposing the groundwater to evaporative 13Ai,C0NI. 13 a:. GREEN, P.C. ATTOHNI:Ys AT LAW July 13, 2006 Page 2 losses. Water will also be used to support commercial mining operations on the property and irrigation. Diversions and Replacement Sources. Out -of -priority depletions from the lake wells and commercial mining operations will be augmented through dry -up of approximately 165 acres. Under the plan for augmentation, credits from the Applicant's discontinued use of the Rising Sun Ditch and Rising Sun Ditch First Enlargement historically used to irrigate the land will offset depletions from the Hangs Well and from the five Lake Wells, as well as mining operations, during the months of April through October, the historical irrigation season. During mining operations, a maximum of 260 acre feet will be consumed. After, mining operations are complete for the entire property and the surface of the Lake Wells are exposed, approximately 318 acre feet will be consumed, primarily by evaporation from the surface of the 5 Lake Wells. Because the Lake Wells and mining operations will not fully utilize all of the water historically used by these water rights, we are also claiming that the 55 acre feet that are not used in the plan for augmentation may continue to be used to irrigate an additional 28 acres on the property. For the winter months, the Applicant has applied for a water supply contract from the West Divide Water Conservancy District for 50 acre feet to offset winter time depletions. Other Matters. Because the time for filing Statements of Opposition in Case No. 06CW121 has not expired, this request, with all attached Exhibits has been served on your Office's substitute supply plan notification list for Water Division No. 5. Other attached exhibits include: Mine Plan Map, Exhibit C; Proof of Water Rights Ownership, Exhibit D; Proof of Service, Exhibit E; Well Permit Application, Exhibit F; and copy of Change of Ownership Application, Exhibit G. Our checks in the amount of $1,593 for review of the SWSP and $100 for the well permit are enclosed. Please contact Mr. Manera or me with any questions or need for additional information. Very truly yours, BALCOMB & REE>i, P.C. Scott Balcomb Scott Grosscup 13y: `9 •-i xhibit Application 06CW121 EFl1.ED Document -__.--•• _ _ .(S Car(ieTri County District Court 4t1) .Ii) Kling Date: jun 24 20116 2:59Pi1 \1h' Filing ID: 11671066 Review Clerk: Kathy hull • i DISTRICT COURT, WATER DIVISION 5, COLORADO 109 8T" STREET, SUITE 104 GLENWOOD SPRINGS, CO 81601 PHONE NUMBER: (970) 945-5075 CONCERNING THE APPLICATION FOR WATER RIGHTS OF: GYPSUM RANCH Co, LLC, A COLORADO LIMITED LIABILITY COMPANY AND SILT SAND & GRAVEL LLC, A COLORADO LIMITED LIABILITY COMPANY i IN GARFIEI.D COUNTY, COLORADO. A COURT USE ONLY & ATTORNEYS FOR APPLICANTS: ScoTr M. BALCOMa, ATTY. REG. # 1376 SCOTT A. GROSSCUP, ATTY. REG. # 35871 BALCOMB & GREEN, P.C. ; CASE No, 06CW z f POST OFFICE DRAWER 790 I GLENWOOD SPRINGS, CO 81602 WATER DIVISION 5 TELEPHONE: (970) 945-6546 FACSIMILE: (970) 945-8902 E-MAIL: SCOTT@' BALCOMBGREEN.COM SGROSSCUP BALCOMBGREEN.COM APPLICATION FOR UNDERGROUND CONDITIONAL WATER RIGIIT,u CHANGE OF WATER RIGHTS, AND APPROVAL OF PLAN FOR AUGMENTATION 1. Name, address, telephone number of Applicant: Gypsum Ranch Co, LLC cio Scott Balcoinb, Esq. l•3alcomb & Green, P.C. P.O. Drawer 790 GIenwood Springs, CO 81602 Telephone: (970) 945-6546 Silt Sand & Gravel LLC c/o William M. Roberts 0304 Highway 133 Carbondale, CO 81623 Telephone: (970) 963-2296 Please direct all pleadings, correspondence and other communications to Applicants' attorneys. 2. By this application, Gypsum Ranch Co. LLC and Silt Sand & Gravel LLC are seeking: confirmation of an underground well water right and conditional water rights for five lake wells; approval of changes of shares it owns in the Rising Sun Ditch to allow the Applicants to use this water for industrial, augmentation, recreational, wildlife and aquatic habitat and irrigation uses; and approval of its plan for augmentation to allow out -of -priority diversions made from the underground water right claimed herein. CLAIM FOR UNDERGROUND WATER RIGHTS 3. Name of structure: Hangs Well No. 1 Well Permit Number 148025-A. a. Legal description: The well is located in the SE1/4, SW1/4 of Section 9, Township 6 South, Range 92 West of the 6`h P.M. at a point 2734 feet from the east line and 122 from the south line of said Section 9. b. Source: Alluvial aquifer tributary to the Colorado River, c. Depth: 70 feet d. Date of appropriation: April 1, 1931 e. flow appropriation was initiated: Application of water from well to beneficial use L Amount claimed: 15 g.p.m, absolute with annual diversions totalling 2.85 acre feet per year. g. Proposed Use: Domestic, commercial, fire protection, livestock and irrigation of up to one acre. h. Name(s) and address(es) of owner upon which new structure will be constructed: Applicant i. Remarks: This well provides water to the existing residence that is located on the property to be mined. During mining operations, the residence will be converted to a temporary office and the well will be used for domestic and commercial uses by employees of the gravel pit. Estimated diversions from the well will be 350 gallons per day (ten employees each using 35 gallons per day) with annual diversions of 0.284 acre feet. t .Asr: Na, t;r,c".v - 2 - APITIC.-trscs Once mining operations cease, the dwelling unit will be reconverted to a residence and the well will serve domestic uses including irrigation of up to 1 acre. At this time, estimated annual diversions from the well will be 2.85 acre feet. CLAIM FOR CONDITIONAL UNDERGROUND WATER RIGHTS 4. Name of structure: Grand River Park Lake Well 1A a, Legal description: The lake well is located m the SW1/4, SE 1/4 of Section 9, Township 6 South, Range 92 West of the 6th P.M at a point 500 feet from the south line and 2475 feet from the east line of said Section 9. b. Source: Alluvial aquifer tributary to the Colorado River. c. Depth: 25 feet (20 feet below groundwater level) d. Date of appropriation: July 1, 2005 e. How appropriation was initiated: Formation of intent to appropriate groundwater through purchase of property, and entry into gravel lease, inspection of property and water for proposed uses, and calculation of water use. f. Amount claimed: 10 c.f.s. with maximum total annual depletions of 316 acre feet per year for Grand River Park Lake Wells IA, I B, 2, 3A and 38. g. Proposed Use: Industrial, recreation, piscatorial, and wildlife habitat. h. Well permit: Upon the issuance of a decree in this case, the Applicants will submit an application for a well permit to the Colorado Division of Water Resources. i. ,\'amefs) and address(es) of owner upon which nLW structure will be constructed: Applicant !. Remark: The combined total surface area of the Lake Wells identified herein is estimated to be 100 acres. Exhibit A shows the total consumptive use during mining operations and Exhibit B shows the total consumptive use after the completion of all mining operations and when the maximum surface area of the ponds is exposed. C'.SEi \.). ,:'6C\ - ..3 - !a rPliCAT;G N 5. Name of structure: Grand River Park Lake Well IB a. Legal description: The lake well is located in the NW1/4, SE 1/4 of Section 9, Township 6 South, Range 92 West of the 6th P.M at a point 1950 feet from the south line and 2100 feet from the east line of said section 9. b. Source: Alluvial aquifer tributary to the Colorado River. c. Depth: 25 feet (20 feet below groundwater level) d. Date of appropriation: July 1, 2005 e. How appropriation was initiated: Formation of intent to appropriate groundwater through purchase of property, and entry into gravel lease, inspection of property and water for proposed uses, and calculation of water use. f. Amount claimed: 10 c.f.s, with maximum total annual depletions of 316 acre feet per year for Grand River Park Lake Wells 1A, 113, 2, 3A and 313. g. Proposed use: Industrial, recreation, piscatorial and wildlife habitat. issuance of a decree in this case, the Applicants,wil. We l permit: Ponthe ....., ... _ ..... .... submit an application for a.well permit to the Co!orado Division.,of Water. Resources. i. Name(s) and address(es) of owner upon which new structure will be constructed: Applicant j. Remark: The combined total surface area of the Lake Wells identified herein is estimated to be 100 acres. Exhibit A shows the total consumptive use during mining operations and Exhibit 13 shows the total consumptive use after the completion of all mining operations and when the maximum surface area of the ponds is exposed. 6. Name of structure: Grand River Park Lake Well 2 a. Legal description: The well is Located in the SEI/4, SW 1/4 of Section 9, Township 6 South, Range 92 West of the 6' P.M at a point 500 feet from the south line and 3050 feet from the east line of said section 9. b. Source; Alluvial aquifer tributary to the Colorado River. c. Depth: 25 feet (20 feet below groundwater level) CASE NO. f,'c C'.V - 4 - .\PPI.jCA I K d. Date of appropriation: July 1, 2005 e. How appropriation was initiated: Formation of intent to appropriate groundwater through purchase of property, and entry into gravel lease, inspection of property and water for proposed uses, and calculation of water use. f. Amount claimed: 10 c.f.s, with maximum total annual depletions of 316 acre feet per year for Grand River Park Lake Wells 1A, 18, 2, 3A and 3B. g. Proposed use: Industrial, recreation, piscatorial and wildlife habitat. h. Well permit: Upon the issuance of a decree in this case, the Applicants will submit an application for a well permit to the Colorado Division of Water Resources. L Name(s) and address(es) of owner upon which new structure will be constructed: Applicant Remark: The combined total surface area of the lake wells identified herein is estimated to be 100 acres. Exhibit A shows the total consumptive use during mining operations and Exhibit 13 shows the total consumptive use after the completion of all mining operations and when the maximum surface area of the ponds is exposed. 7. Name of structure: Grand River Park Lake Well 3A a. Legal description: The well is located in the NE1/4, SW 1/4 of Section 9, Township 6 South, Range 92 West of the 6`h P.M at a point 1650 feet from the south line and 3475 feet from the east line of said section 9. b. Source: Alluvial aquifer tributary to the Colorado River. c. Depth: 25 feet (20 feet below groundwater level) d. Date of Appropriation: July 1, 2005 e. How appropriation was initiated: Formation of intent to appropriate f, oundwater through purchase of property, and entry into gravel lease, inspection of property and water for proposed uses, and calculation of water use. t. !amount claimed: 10 c.f.s. with maximum total annual depletions of 3l6 acre feet per year for Grand River Park Lake Wells 1A, 18, 2, 3A and 3B. C.\No. ii(iC4}' - 5 - AI'PuCAslox g. Proposed use: Industrial, recreation, piscatorial and wildlife habitat. h. Well Permit: Upon the issuance of a decree in this case, the Applicants will submit an application for a well permit to the Colorado Division of Water Resources. i. Narne(s) and address(es) of owner upon which new structure will be constructed: Applicant 1• Remark: The combined total surface area of the lake wells identified herein is estimated to be 100 acres. Exhibit A shows the total consumptive use during mining operations and Exhibit B shows the total consumptive use after the completion of all mining operations and when the maximum surface area of the ponds is exposed. 8. Name of structure: Grand River Park Lake Well 313 a. Legal description: The lake well is located in the SW1/4, SW 1/4 of Section 9, Township 6 South, Range 92 West of the 6'h P.M at a point 900 feet from the south line and 4175 feet from the east line of said section 9. b. Source: Alluvial aquifer tributary to the Colorado River. c. Depth: 25 feet (20 feet below groundwater level) d. Date of appropriation: September 6, 2005 e. How appropriation was initiated: Formation of intent to appropriate groundwater through purchase of property, and entry into gravel lease, inspection of property and water for proposed uses, and calculation of water use. f. Amount claimed: 10 c.f.s. with maximum total annual depletions of 316 acre feet per year for Grand River Park Lake Wells 1A, 1B, 2, 3A and 313. g. Proposed use: Industrial, recreation, wildlife and aquatic habitat. h. Well permit: Upon the issuance of a decree in this case, the Applicants will submit an application for a well permit to the Colorado Division of Water Resources. i- Narnc:'(s) and address(es) of owner upon which new structure will be constructed: Applicant C.".st. No. 06CW - 6 }. Remark: The combined total surface area of the take wells identified herein is estimated to be 100 acres. Exhibit A shows the total consumptive use during mining operations and Exhibit B shows the total consumptive use after the completion of all mining operations and when the maximum surface area of the ponds is exposed. CLAIM FOR CHANGE OF WATER RIGHTS 9. Names of structures: Applicants own a 31 percent interest in the Rising Sun Ditch, Rising Sun Ditch 1" Enlargement, and Rising Sun Ditch 2°d Enlargement as described in the following table: ►+IIAi roto x; PRrT Y Ai7,ItfI5*-;,kT i9•- flPFRQPR�LAT.16, list :CASA . AMOUNi : 01,11kt;Airfi'S' OIVERSHIP.-: Rising Sun Ditch 16 5/5/1888 12/5/1883 Irrigation CA. 89 3.33 c.f.s. 1.03 c.f.s Rising Sun Ditch, 1" Enlargement 64 5/5/1888 12/1/1886 Irrigation C.A. 89 8.5 c.f.s 2.64 c.f.s. Rising Sun Ditch, 2nd Enlargement 226 7/9/1965 04/15/1953 Irrigation and other beneficial uses C.A. 4954 9.0 c.f.s 219 c_f.s. Total 20.83 c.f.s 6.46 c.f.s. a. Decreed Iocation: The decreed location for the headgate of the Rising Sun Ditch is situate on the southerly bank of the Colorado River at a point whence the Southwest Comer of Section 1I, Township 6 South, Range 92 West of the 6th P.M. bears South 16 degrees 31' West 1589.1 feet. b. Source: Colorado River c. Historical use: Applicants' interest in the Rising Sun Ditch and Rising Sun Ditch First Enlargement was historically used to irrigate approximately 165 acres. of land formerly known as the Hangs Ranch, 19 of which are located under Interstate 70, Exhibit C and D show the location of the fusing Sun Ditch and areas of land historically irrigated by this water right. Exhibit E CAA o. ;6CW - 7- API'{.ICA EON provides a summary of the historical pro rata diversions for the Hangs Ranch from the Rising Sun Ditch under the three priorities as maintained by the Division Engineer. The average amount of water diverted under these priorities is 6,080 acre-feet per year with 31 percent, or 1,885 acre-feet being used annually on the property described in Exhibit D. The additional irrigation water secured by the Rising Sun Ditch 2nd Enlargement allowed for easier flood irrigation practices using the earlier priorities. Applicants have conducted an historical use analysis of the water rights used on this property and determined that the net consumptive use of the Rising Sun Ditch and Rising Sun Ditch 15` Enlargement on the property totals 1.97 acre-feet per acre, or 325.8 acre feet (165 acres x 1.97 ft) per year. 10. Proposed change: Applicants propose to change the type of use of the water rights described above to include augmentation, industrial, recreational, irrigation, piscatorial and wildlife habitat uses. Excess consumptive use credits of approximately 55.73 acre feet attributable to Rising Sun Ditch and Rising Sun Ditch 151 Enlargement and not used in the plan for augmentation below, will be used to irrigate the Property upon the completion of mining operations. CLAIM FOR APPROVAL OF PIAN FOR AUGMENTATION 11. Name of structures to be augmented: The Hangs Weil No. 1 and the Grand River Park Lake Wells as described in paragraph 3 through 8 above. 12. Previous decrees for water rights to be used for augmentation: Applicants propose to use shares in the water rights described in the Rising Sun Ditch and Rising Sun Ditch First Enlargement as described in paragraph 9 above. Applicants have also applied for a water service contract through the West Divide Water Conservancy District (WDWCD), to replace out -of -priority depletions of up to 48 acre-feet with up to an additional t0%a to cover conveyance losses annually under the Grand River Park Wells and Hangs Well No. 1. Prior to the entry of a ruling or decree, Applicants will provide evidence to the Court of the existence of a WDWCD contract for the required amount of augmentation storage water for the first phase of the gravel pit production, including water to replace out -of -priority depletions and for transit losses associated with storage water deliveries. Contract ti eater may come from Ruedi Reservoir, Green Mountain Reservoir (as described below) or other facilities available to West Divide Water Conservancy District may serve as the water supply source to the District. a. Rtu'cii Reserz.v r C.Asii No till. YV - 8 - i. Legal description: Ruedi Reservoir is an on -channel reservoir located in Sections 7, 8, 9, 11, and 14 through 18, Township 8 South, Range 84 West of the 6"' P.M. The Reservoir is located in portions of Eagle and Pitkin Counties. ii. Source: Pryingpan River, tributary of Colorado River. iii. Date of appropriation: July 29, 1957. iv. Date of adjudication: June 20, 1958, v. CaseNo.: C.A. 4613, Garfield County District Court vi. Amount: 102,369 acre feet. vii. Llses: Generation of electric energy, domestic, municipal, industrial, irrigation, and stock watering. b. Green Mountain Reservoir i. Legal description: Green Mountain Reservoir is an on -channel reservoir located in all or parts of Sections 11, 12, 13, 14, 15 and 24, Township 2 South, Range 80 West and Sections 17, 18, 19, 20, 21, 28, 29, 33 and 34, Township 2 South, Range 80 West of the 6th P.M. The Reservoir is located in Summit County. Station 0+ 00 on the dam axis bears South 36°31'45" Wes a distance of 11,165 feet from the SW Corner of Section 1, Township 2 South, Range 80 West, 6`'' P.M., thence the axis bears North 21°00'00" East, ii. Source: Blue River and all tributaries of the Blue River upstream from the dam and Elliot Creek by means of its diversion canal, of of which are within the Colorado River Basin. iii, Date of appropriation: August 1, 1935, iv. Date of adjudication: October 12, 1955 v. Case NTo.: 2782, 5016 and 5017, United States District Court, District of Colorado vi. Amount: 154,645 acre feet. vii. Llses: Green Mountain Reservoir provides storage to supply water for use as replacement water for senior downstream diversion NO. (?(:CW - 9 - Arr CATkT . rights, hydroelectric power generation, irrigation, municipal/domestic, and industrial uses. 13. Water requirements: The attached Exhibit F describes the general location and layout for the gravel pit operations and general location of the Grand River Park Lake Wells. Mining of the aggregate will expose groundwater resulting in evaporative depletions. At maximum build -out the surface area of the ponds will total 100 acres. The groundwater will also be used for aggregate washing and other needs related to the operations of the gravel pit. This Plan for Augmentation accounts for depletions during mining operations and for evaporative loses from the Grand River Park Lake Wells after the completion of mining operations. a. Hangs Well No. 1. During mining operations this well will provide water to a temporary office for use by employees of the mining operation. Estimated diversions from the well will be 350 gallons per day with annual diversions of 0.284 acre feet. Depletions of 0.043 acre feet will occur assuming 15% of diversions consumed through ISDS waste treatment. Once mining operations cease, the dwelling unit will be reconverted to a residence and the well will serve domestic uses including irrigation of up to 1 acre. At this time, estimated annual diversions from the well will be 2.85 acre feet. Of this amount, 1.97 acre feet is attributable to depletions from irrigation use. Irrigation depletions are assumed to be 80% of diversions, b. Gravel Operations. Mining of the area will be conducted chronologically, in phases, beginning with Well lA and ending with Well 3B as generally depicted in Exhibit F. Water will be required for sand and gravel washing, dust control, concrete production, truck washing, pond evaporation and domestic uses as described in Exhibit A. This table summarizes depletions when the last of the five ponds is being mined. At this point, Applicants will consume 259.9 acre-feet per year. c. Pond Evaporation. At full build -out, when all of the ponds are mined, the consumptive use attributable to pond evaporation will total 316 acre feet per year as described in Exhibit 8. 14. Statement of Plan for Augmentation: a. ;nature and Purpose of Plan: The purpose of the augmentation plan described herein is to protect the water supply for the Grand River Park Wells during the pendency of gravel mining operations and during the post -reclamation phase. The Hangs We1I No. 1 and Lake Wells have Gs k.).06C.Vs; -](l- AFPLicA-flow junior water rights that are subject to a call by downstream senior water rights. Therefore, depletions caused by evaporation from the lake wells and from the industrial uses associated with the gravel mining operation must be augmented. Out -of -priority depletions from the Hangs Well No. 1 and Grand River Park Wells will be augmented using historical consumptive use credits available from the dry -up of Iands historically irrigated by the Rising Sun Ditch and Rising Sun Ditch 15' Enlargement and augmentation storage water purchased from the West Divide Water Conservancy District. The excess consumptive use credits attributable to the Rising Sun Ditch and Rising Sun Ditch 1' Enlargement will be applied to irrigate up to 28.23 awes of land surrounding the lake wells as generally depicted in Exhibit F. b. Dry -up: Construction of Interstate 70 and of the gravel mine will result in the removal of the property described in Exhibit C from irrigation. The annual net consumptive use of the pasture grasses historically grown on the property is L974 feet per acre for a total of 325.8 acre feet of consumptive use credits available as a result of the dry -up of the historically irrigated land. As shown in Exhibits A and B, out -of -priority depletions described in paragraph 13 will be augmented using historical consumptive use from the dry -up of the 165 acres historically irrigated by the Rising Sun Ditch and Rising Sun Ditch 1" Enlargement. During the months of April through October there will be sufficient water to augment all depletions and will result in a credit of approximately 55.73 acre feet. These credits will entitle the Applicant to continue to irrigate approximately 28.23 acres (55.73 acre feet/ 1.97 acre feet per acre) on the Property from April through October of each year. During the remainder of the year, November through March, Applicant will provide augmentation water through a WDWCD water supply contract as described above. I5. Name(s) and addresses) of owners of land upon which change is sought: The Grand River Park Lake Wells and Hangs Well No. 1 are located on lands owned by the Applicant. The headgate for the Rising Sun Ditch is located on land owned by Flag Sand & Gravel, 1412 C<xuity Road 311, Silt, CO, 81652. CASE NO. U(CW - 11 - ,1rru A7'1i''N WHEREFORE, Applicants request that the Court enter a decree confirming the underground water rights as described herein, approving the change of water rights requested herein, and approving the plan for augmentation described herein, and for any other relief as the Court deems appropriate. Respectfully submitted this Z7 day of June, 2006. BALCOMB (Sr GREEN, P.C. By Scott M. Balcomb, Atty. Rig. # 1376 Scott A. Grosscup, Atty. Reg. # 3557 Attorneys for Applicants NOTE: This document was filed electronically. An original signature copy is available for inspection at the office of the originating attorney, pursuant to Colorado Rule of Civil Procedure 121, § 1-26. C.'.tiE .O.OSC4V lw VERIFICATION STATE OF COLORADO ) ) ss. COUNTY OF GA.RFIELD ) X, Christopher Manera of Colorado River Engineering. Inc. and engineer for Gypsum Ranch Co. LLC and Silt Sand & Gravel LLC, being first duty sworn, upon oath, depose and say that I have read the foregoing, know the contents thereof, and that the same are true to the best of my information, knowledge, and belief. Christopher Manera, P.E. Subscribed and sworn before me this merita-ay of June, 2005 by Christopher Manera. Witness my hand and seal. 12-42460 My commission expires: C Notary P ,MOTE: 'Ibis document was filed electronically. An original signature copy is avai;r:=:e for inspection at the office of!hc originating attorney, pursuant to Colorado Rule of Civil Pro( TABLE 16 - TOTAL CONSUMPTIVE USE GRAVEL PIT - PHASES 1, 2 & 3A COMPLETED 0eoleti0ns (waft Credits fac-ft Assam !inn Month Sand & Gravel Washing (1) Concrete Dust Control Production S2) 13) Trude Washing 11) Pond Evaporation i5) Hangs N0.1. Hangs No.1 Well Well Domestic Irrigation (6) L71 Total (8) Historic Credits (9) Historic Mich Credits Less Total Demand (1 0) Winter Shortage (11) S&G Producllon Tons Concrete Production Cu Yds Pond Evaporation /Vac Processing Days/Month January 0.18 0.00 0.09 0.00 4.53 0.004 nla 4.81 0.0 -4.81 -4.8 5.000 1.000 00'.16 0 February 0.18 0.00 0.09 0.00 6.80 0.004 n/a 7.08 0.0 -7.06 -7.1 5.000 1,000 0.09 0 March D.83 1.35 0.18 0.04 12.09 0.004 n/a 14,50 0.0 -14.50 -14.5 22,500 2.000 0 16 22 April 0.83 1.35 0.18 0.04 21.91 0.004 ilia 24.32 28.2 3.91 22,500 2.000 0.25 22 May 0.83 4.35 0.18 0.04 30.22 0.004 ilia 32.63 47.9 15.26 22,500 2,000 0 40 22 June 0.83 1.35 0.18 0.04 38.53 0.004 ri/a 40.94 61 0 20.09 22,500 2.000 0 51 22 July 0.83 1.35 0.18 0.04 39.29 0.004 ilia 41.70 673 25.96 22.500 2,000 0 52 22 August 0.83 1.35 0.18 0.04 34.00 0.004 ilia 36.41 58.9 22.45 22.500 2,000 0.45 22 September 0.83 1 3 0.16 0.04 24.18 0.004 ilia 26.59 40.9 14.29 22.500 2.000 0 32 27. October 0.83 1.35 0.18 0.04 15.11 0.004 nla 17.52 21.2 3.71 22,500 2,000 0 20 22 November 0.18 0.74 0.09 0.02 7.58 0,004 nra 8.80 0.0 -8.60 -8.6 5.000 3,000 010 12 December 0.18 0.00 0.09 0,00 4.53 0.004 n/a 4.81 0.0 -4.81 -4.8 5.000 1,000 0.05 0 Total 7.37 11.54 1.84 0.38 238.74 0.043 0.000 259.90 325.8 65.9 -39.8 200.000 20,000 3./6 188 Notes: (1) 200 gallons per ion diversion. 15% depletion (2) 20.000 gallons per day diversion 3/1-11115. 100% deprelion (3) 30 gallons per cubic yard diversion. 100% depletion ' (4) 650 gallons per day diversion 3/1-11/15, 10071, depletion (5) 77.55 surface acres x 3.16 feel/acre annual depletion (6) 10 employees x 35 gpd+Aversion. 15"!%depletion (7) ora no irrigation doing mining (8) Sum o1(1) 8110u911 (7) (9) Based on 185 alias with Net Irrigation CU of 1.97-rtlacre (10) Column (9) - Column (8) (11) Column (10) Shortages Only Colorado River Engineering. Inc. 6/26/2006 3:24 PM Consumption P?,:,se 123 TABLE 1C - TOTAL CONSUMPTIVE USE GRAVEL PIT - ALL PHASES COMBINED (Full Build out) Oeple6ons aC-ft Credits (ca- Assornations Notes_ (1) 0' post mining (2) 0= pout mining (3) Oe past mining (4) Oe post mining (5) 100 surface acres x 3.16 feet/acre annual depletion (6) 1 residence using 350 gallons per day 15%depietion (7) 1 acre at 1.97 aOFeet oonsumplion (8) Sum of (1) through (7) (9) 'Based on 165 acres with Net Irrigation CU of 1.97-f1.lacre (10) Column (8) - Column (7) Colorado River Engineering, Inc. 6/26/2005 324 PM Colsurnptidn Phase 45 Saud 8 Gravel Washing Concrete Dust Control Production Truck Washing Pond Evaporation Hangs No.1 Well Domestic Hangs No.1 Well irrigation Total Historic Creeds Historic Credits Less Total Demand Winter Shortage Tons Pond Cubic Yards Evaporation Processing Month (1) (2) (3) (41 (5) (6) (7) (8) (8) (9) (10) S&G Concrete ft/ac !Days/Month January 0.00 0.00 0.00 0.00 6.00 0.005 0-000 600 0.0 -6.0 -6.0 0 0 0.06 0 Fetxuary 000 0.00 0-00 0.00 9.00 0.005 0.000 9.00 0.0 -9.0 -9.0 0 0 0.09 0 March 0.00 0.00 0.00 0.00 16.00 0.005 0.000 16.00 0.0 -16.0 -15.0 0 0 0.18 0 Apn1 0.00 0.00 0.00 0.00 29.00 0.005 0.171 29.t8 282 -0.9 -0.9 0 0 0.29 0 May 0.00 0.00 0,00 0.00 40.00 0.005 0.290 40.30 47.9 7.5 0 0 0 40 0 June 0.00 0.00 0.00 000 51.00 0.005 0.370 51.37 61.0 9.7 0 0 0 51 0 July 0.00 0.00 0.00 0.00 52.00 0.005 0.410 52.42 67.7 15,2 0 0 0.57. 0 August 0.00 0.00 0.00 0.00 45.00 0.005 0,357 *15.36 58.9 13.5 0 0 0.45 0 September 0.00 0.00 0.00 0.00 32.00 0.005 0.248 32.25 40.9 8.6 0 0 0 32 0 October 0.00 0.00 0.00 0.00 20.00 0.005 0.129 20.13 21.2 1.1 0 0 0.20 0 November 0.00 0.00 0.00 0.00 10.00 0.005 0,000 10.00 0.0 -10.0 -10.0 0 0 0.10 0 December 0.00 0.00 0.00 0.00 6J30 0.005 0.000 6.00 0.0 -6,0 -6.0 0 0 0.08 0. Total 0,00 0.00 0,00 0.00 316.00 0.059 1.974 318.03 325.8 7.8 -48.0 0 0 3.16'p Notes_ (1) 0' post mining (2) 0= pout mining (3) Oe past mining (4) Oe post mining (5) 100 surface acres x 3.16 feet/acre annual depletion (6) 1 residence using 350 gallons per day 15%depietion (7) 1 acre at 1.97 aOFeet oonsumplion (8) Sum of (1) through (7) (9) 'Based on 165 acres with Net Irrigation CU of 1.97-f1.lacre (10) Column (8) - Column (7) Colorado River Engineering, Inc. 6/26/2005 324 PM Colsurnptidn Phase 45 A 4E4r, . • '. ••,.„ ; • • • ''l t •1- 1 .: • ; • , . . - !- ' ' ,- ':- - '-•." ' 1 ' ' ' 2••,.:'..'.', •.•, 2..,".1".. . - • ;'`" ' . 't'''.'...' ' T 5 S . • -.,!" '',4"":::•'-'::-,:,... t-4. . . .":"!.."‘., ' ' , ••• -..j, J. ..., ,..!--.;., 11 .„ .. . .,,.. • _ : 1 . :. • •. ... . „_,--_-_•i,, .1..-r• ....-. ---,-...,,- ---,...-r.6.--4.---. 4.- i•—,,,.....,...i.L.-4,-...:_..4.: , . •......• .• ,:;•_.,. L. c% T 6 S "-I• ..... , iv '..• ._, . , „, !, ... , t 5,... • , 4.• -.: .. . ,. -'$'••• i . •-i. .... '. '',:.." ::•-•,•• ••• .'. - .• R 93 W ....,.,. ' R 92 W •'. I. i ... , -. •. -:., . ..,:i , -. i • . •`:• .,. , . .. 4..,, •,-..,1.. .,-..,.. . •• i • , , t, :, p 4 ..- : . :F. i• ',. -', ,. • - i ...• : .' •-• , t.'' ; 1 7`-.,4;',•'-'--=`\ '• I • - ) J-54' , '-''s -_!, f i , ----/., , I 4.'..: / •;"-.. . =I'. ' ' I -1, ''...:1 ' • ... 7.• ' - "r.."4- ''-.111.--- ': — : r ; -r— , .• ,":,- `..: ....) C 1:„ . ;'., ''- •• .. i ., / .., ' .'"'•,' . Owl • , . .. !., ., ..., , -....,'''' • . ' 2;_L...,., ._._ .2.. ;,.4.,4r..... .., :.., . ! . • .!!:•'!,':. - .-.' 4 ...!"`.- - ; . : ` ' ... ' ' LIL:ti' .:`..`' ..L.:`• ''..' . ; / •• la „ . • " t >2 .` 7 4,- i • ' '' ''-' ' - ' ...'-'''''' - ' . - . w` * S."1.1.., --.. -7•, '''.'`L.11I,"F. hh-i•-..r.,,. as.r hkr t. • * -r. ti1'''‘1" • " ar!:',"...-4. ' ' 't; - - • SILT • ' "••'' - ' ' • • "". '":"2:".`4..' • HANGS C",'"tr r • fE RANCH PROPERTY .10R A • 1-70 i ----ti• -.....,•,'' . • •...-et-i- , .. . ., ...... ,. . - . ..., ..„ • , ...,- ,...,......0, -Ts. • • ..„......,--/" ,.'-• - - : . . . . . . , . : • •••••=11••••• -!" Inv. ad. ....0.1,01'..1..1-•lA1tn4r1e.t4,....p.s. • LAST CHANCE "-, ";. ""- • •' • '•-• ••••••', , . ' RISING SUN DITCH Miss 130/ ‘4111.*, _COLORADO Rifle. CO 111650 Nkip..spiwRivER T4.17341214933 .41110Nimo ENG/NEEIRING FCC 9104125-41(.4 urzDm. Hangs Ranch General Location Map NOM: CRE04009-02.thsg Sob No-. 6.5 •,..11:Cat 1•[..31I Elnesseltr.MH Sipssd by: CM psis-. Ms); 21. 2046 111.114•111•WMW.M.===.11•••••=1•••••• rh—"Immselmillmiuummaal7 Exh ibi t r rf;:jr........ . 0 it \ 1AP i. k'ilt .2111. I t 44 Irrigated Area Dry up Under 1-70 =19.0 acres usted for non-use • 4/-- Lr�9 rot J ..43 t - • :i•:y • l 000 0 r MOO— • rr PO 13.3N 1301 NNCo1,ORAao Ru1c,CO etn5+? RiVER Td 470-6254433 'NWvitENGINEERING Fe.� 4'70-42545641� .Nwr? -a Iri.y-M.xmn Pru'N W. Wet Prmtrry uryrraay. %.w/ Pipet Nyy i .C., 4*, POW.. .:.r11 Hangs Ranch Irrigated Acreage Dry Up File Nww: CRE03009-02.dw4, Job No' 645 Brawn try'tilfSjAprtid by' CS! 1Dare:1une 26, 2006 Omit: Yang Bandl Ner 3 Table 4 Hangs Ranch - Rising Sun Ditch Prorata Diversions - Values in Acre -Feet Prorata Percent 31.0% Year Nov Dec Jan Feb Mar A • r Ma Jun Jul Au• S:• Oct , 40-17 Total 1584 1975 0 0 0 0 0 0 137 298 398 — 408 305 1976 0 0 0 0 0 19 585 817 435 322 447 84 i 2507 1977 D 0 0 0 0 42 457 274 414 310 15649 1701 1978 0 0 0 0 0 33 173 289 219 346 349 252 1659 1979 0 0 0 0 0 6 151 328 567 210 297 304 # 1861 1950 0 0 0 0 0 0 193 396 483 791 698 308 2846 1981 0 0 0 0 0 89 301 337 413 447 357 236 2159 1982 0 0 0 9 0 89 378 393 588 705 415 215 2782 1983 0 0 0 0 0 0 0 643 506 391 381 654 2575 1984 0 0 0 0 0 0 196 820 1985 0 0 0 0 0 0 0 143 1988 0 0 0 0 0 69 375 571 1987 0 0 0 0 0 0 312 261 1988 0 0 0 0 0 7 272 338 1989 48 0 0 0 0 0 760 867 1990. 13 0 0 0 0 194 505 518 1991 4 1 0 0 0 0 281 181 1992 0 0 0 0 0 8 170 109 1993 0 0 0 0 0 0 35 298 1994 84 0 0 0 0 31 289 178 1995 15 4 0 0 0 0 47 203 1996 17 19 19 18 19 10 255 295 1997 0 0 0 0 0 0 257 310 1998 0 0 0 0 0 0 118 279 1999 0 0 0 0 0 33 61 64 2000 0 0 0 0 0 8a 250 302 2001 0 0 0 0 0 0 0 0 2002 8 10 10 9 10 50 211 135 2003 12 14 14 13 14 71 141 162 698 233 334 704 398 537 434 237 154 327 218 282 290 289 303 87 269 91 164 204 768 367 441 581 397 397 290 294 273 202 351 224 305 317 306 67 269 385 225 189 843 538 540 300 384 324 321 321 237 189 367 33 233 271 52 39 319 258 165 132 883 583 131 155 256 19 398 74 154 148 1106 17 113 188 0 14 319 203 151 67 4005 1864 2481 2313 2052 2953 2671 1373 1105 1198 2628 825 1592 1632 1056 346 1814 937 1147 1033 Average 7 2 1 1 1 28 237 324 362 365 320 245 1885 Exhibit a►'n9R1v�+R�.' .rlg axIrw. .i rA=!'.tp(1317ii:=ergSunGrverscna.)4f COLO.P.LDG. AVERENG!EE'cR:.MG,lr i:2.....Ju 11'21 AV R,,",e, Caoraao • •:1/7Wer.;., ti Phase IA WellPend‘:cFn.:Anci'. (1.07 ae) • • • .0 • , • - 4=. VL, Phase 2 Well Pond !--2\ (14.55 ac) 11 Hangs Offce Well 111 Phase 3A Well Pond (35.59 ac) • . i . ! i -: •I' .. . ::: • 1 •:', r 1 i r 3 \ - . * .\ • . --<,-,;•!;-• - .1\ N. • • -rme SAYYP* DairBIT F: RECLAMATION PLAN IMP ing $4t.S " azo. u.4 .4.T SAN) 1 P.AYS.LLLEAING MIA PIN PRIXECT Dm; 112 PERMS' ,..PF1iC.A17.01 ..4.4121re k.1-4 MAIM* 11-k-tVA :et aiqie seal -,gwor r semw ,e •AA— w:1 (11.17! 445/1:6 nof , 11 I -(4 Po so' :301 COLORADO Pj1c. CO R$'V RIVER Tr/ Nell ENGINEERING :00.rx•e- .-4;) ook4.• Akywr, • •• 1,14 2 01,-etsa.; wvezos ww it 1:1 • • 4-5,41: zAkm-soneli w Exhibit Engineering Report \412Nso COLORADO ENGINEERING, INC. P.O. Box 1301 Rifle, CO 81650 Tel 970-625-4933 Fax 970-625-4564 June 26, 2006 Silt Sand and Gravel LLC do Mr. Scott Balcomb Balcomb & Green, P.C. PO Drawer 790 Glenwood Springs, CO 81602 RE: Job # 645 — Hangs Ranch — Gravel Pit Augmentation Dear Mr. Balcomb: Colorado River Engineering, Inc. (CRE) has prepared the following letter report summarizing the proposed water rights augnnentation plan for the Hangs Ranch gravel pit mining operations. Construction of the gravel pits will expose groundwater and will cause a depletion to the Colorado River due to water surface evaporation. Aggregate washing and moisture retention will also have depletive affects to the river. A well to serve a proposed office and future home have been included in the water supply plan. The depletions are proposed to be offset using historic consumptive use credits from the Rising Sun Ditch and from reservoir storage releases for periods outside the irrigation season. This report summarizes proposed water depletions, ditch historic consumptive use credits, and the plan for augmentation to replace out of priority depletions in order to prevent injury to other water rights. BACKGROUND The Hangs Ranch property is located in Section 9, Township 6 South, Range 92 \Vest of the 6th P.M., as shown on Figure 1. The property originally consisted of approximately 280 acres adjacent to the Colorado River to the North, and bordered by County Road 346 to the South. The property was bisected by the construction of Interstate -70 in the early 1970's. The acreage breakdown of the ranch is as follows: Area Summary (acres) North of 1-70 69.6 1-70 Right of way 28.7 South oft -70 181.6 Total 279.9 acres The property is situated in the river valley alluvium confined by bedrock outcroppings observed on mesas to the south of the property. The property has historically been used for ranching with the irrigation of hay crops and pasture to support cattle operations. The property is crossed by two large irrigation ditches diverting from the Colorado River. The Rising Sun Ditch crosses the property and is used to irrigate the property. The lower elevation Last Chance Ditch also crosses the property and splits, with the main ditch heading southwest and a lateral heading northwest under the interstate. The Last Chance Ditch delivers irrigation supplies to properties owned by others on both sides of the Interstate. The ditches are shown on Figure 1. The property south of the Interstate is being proposed for aggregate mining and is the subject of this report. JUNIOR WATER RIGHT FILING The water supply plan for the property requires the development of groundwater rights for the gravel pits and for the proposed well. The gravel pits will expose groundwater and will be classified as wells. There is an existing domestic exempt well supplying the Hangs residence that will be converted to the projects office. A well right is proposed that will also enable future use of domestic and irrigation in the event residential use returns post mining. Groundwater rights require an augmentation plan to protect against injury to other water users. A summary of the junior water rights proposed has been prepared. Hangs Pits The gravel pits will be classified as wells due to the interception of groundwater. We have observed cases where one groundwater right has been developed to cover multiple pits. In the event a junior right is developed for each pit then the following table of legal descriptions have been prepared. Well Pond Name QtrlQtr Sec Twp Rng PM Dist NS Line Dist EW Line Hangs Pit 1A SW/SE 9 SS 92W Sxth 500 S 2475 E Hangs Pit 18 NW/SE 9 6S 92W Sixth 1950 S 2100 E Hangs Pit 2 SE/SW 9 6S 92W Sixth 500 S 3050 E Hangs Pit 3A NE/SW 9 6S 92W Sixth 1650 S 3475 E Hangs Pit 38 _, SW/SW 9 6S 92W Sixth 900 _ S _ 4175 E We recommend a diversion amount for the junior rights of 10-cfs to cover dewatering pumping requirements. Hangs Well No. l3 The well uses include commercial, irrigation, and domestic. The proposed pumping rate is 15 gpm with an estimated maximum depth of 100 -feet from river alluvium. The well will be used for employee uses at the office located on the property. Water demands are estimated to average l0 -employees each using 35 -gallons per day (127,750 gallons per year). This is also the future use of residential post commercial (350 gallons day) for in- house use. Post mining irrigation from the well will allow up to 1 -acre of irrigation. The well is located in the SE/4 of the SW/4 Section 9, Township 6 South, Range 92 West of the 6th P.M. at a distance 2734 -feet from the East Section line and 122 from the South Section line. GROUNDWATER DEPLETIONS The attached Figure 2 shows the preliminary layout for the gravel pit operations and the Hangs Well No.1. "I'he area north of the Interstate is not included in the mining plan. The plan shows approximately 97.8 -acres of exposed water surface for five pits, three natural gas well pads, and wetlands area. For purposes of water supply planning, we have 2 assumed a maximum build -out area of ponds to be 100 -acres. The total depletions from the project are not affected by the number of ponds, but by the total water surface area of the ponds. Evaporation Depletions - Pond evaporation Losses can be calculated using the water surface area multiplied by the net evaporation. The water surface area for the ponds will expand through time as mining occurs. Losses are calculated at full build -out conditions when depletions will be the highest. The gross evaporation Loss was calculated using procedures developed by the Colorado Division of Water Resources. The net evaporation was calculated by reducing the gross evaporation by the effective precipitation and totals 3.16 feet per year. Average monthly evaporation losses are as follows: Table 1A -Net Evaporation Month fan Feb Mar Ayr May Jun Jul Aug Sep Oct Nov Dec Tota] Net Evap (ft) 0.06 0.09 0.16 0.29 0,40 0.51 0,52 0.45 0.32 0.20 0.10 0.06 3.16 Evap (ac -ft) 6.00 9.00 16,0 29.0 40,0 5I,0 52.0 45.0 32.0 20.0 10,0 , 6.00 316 The annual evaporation loss for the ponds at full development is 316 acre-feet (100 -acres x 3.16 ft). Aggregate Mining Depletions -During the initial phases of aggregate production, a lesser proportion of the total depletion will occur from pond evaporation and a greater proportion will occur from production operations. As additional production phases are completed, a greater proportion of the total depletion will occur from pond evaporation and a lesser proportion will occur from production operations. At the end of the final phase, the entire depletion will be from pond evaporation from the assumed 100 -acres of ponds remaining after the completion of production operations. Well Depletions — The hangs Well No.1 will be used for employee use during mining. Waste water will be treated via septic leach field disposal estimated at 15% of diversions. Post mining the well may be used for residential use assumed to be 350 gallons per day in-house use and the irrigation of up to 1 -acre. Irrigation demands were assumed to be 1.97 acre-feet consumptive with an 80% application efficiency. The attached Table 1B shows the Total Consumptive Tse Depletion for the site approximately mid -way through the production operation, at the end of Phase 3A. At this point in the production operation the total annual depletion would be 259.9-af. The attached Table IC shows the Total Consumptive Use Depletion for the site after the completion of production operations, at the end of Phase 313. At this point in the operation, the total annual depletion would be 318 -acre-feet. Of which 316 is from pond evaporation and 2.0 acre-feet from the well. 3 RISING SUN DITCH - HISTORIC USE ANALYSIS Historic use of the Rising Sun Ditch irrigation water rights has resulted in a burden on the Colorado River by consumptively removing water from the stream system through the process of evaporation and plant transpiration or "evapo-transpiration" (Et). The quantity of Et (consumptive use) is a function of historic irrigated area, crops grown, available water supply, and water application methods. The historic consumptive use has been calculated to demonstrate the amount of historical water depletions. Water Rights The Rising Sun Ditch was originally decreed in Water District 39 by the Ninth Judicial District Court in case C.A. 89. The original water right was decreed for 3.33 cubic feet per second (cfs) with Priority Number 16 on May 5, 1888, with an appropriation date of December 5, 1883. In the same case the ditch was awarded the First Enlargement right for 8.5-cfs with an appropriation date of December 1, 1886. The Second Enlargement right for 9.0-cfs, was awarded in case C.A. 4954 with an adjudication date of July 9th, 1965 and an appropriation date of June 1st' 1960. The ditch has a total decreed entitlement of 20.83-cfs. See Appendix A for copies of the decree. The ditch has had two change cases. In Case No. 98CW131 56% of Valley Farm's rights (4.1-cfs) were changed to include augmentation in support of the Stillwater Planned Unit Development. In case 97CWI52, 0.03-cfs was changed for commercial uses and irrigation at a nursery located at 6328 County Road 346. Water rights research completed by others shows a 31% interest by Hangs in the Rising sun Ditch and in the First Enlargement. We have assumed the Second Enlargement has the same ratio interest. Hangs prorated interest totals 6.46-cfs, as shown in Table 2. Table 2 Rising Sun Ditch — Water Rights W.D. 45, Div. 5 Water Right Prior ity No. Amo Lint (cfs) , Date Date Apprn Date Case No. Hangs Ownership (%) Hangs Ownership (cfs) Rising Sun Ditch 16 3.33 5/5/1888 1215/1883 89 1 " 31% 1.03 , Rising Sun Ditch 1" Enlgmt. 64 8.5 5/5/1888 12/1/1886 89 L' 31% 2.64 Risit g Sun Ditch 2"d Enlgmt. 226 9.0 7/9/1965 6/I/1960 4954 ' 31% 2.79 Total 20.83 6.46 1/ Based on Ralcomb & Green, P C. Research 2/ Assumed same % as original and 1' enlargement right. The decreed point of diversion (Headgate Location) for the Rising Sun Ditch is situate on the southerly bank of the Grand River (Colorado River) at a point whence the Southwest Comer of Section 11, Township 6 South, Range 92 West of the Sixth P.M. bears South 16d 31' West 1589.1 feet. The ditch location is shown on Figure 1. 4 Irrigated Area Field inspections and aerial photos flown in 1968, 1978, 1989, and 1993 were reviewed to determine the historic irrigated area at the property. A majority of the property is located down gradient and was irrigated from the Rising Sun Ditch. The area north of the Interstate will not be mined and will continue to be irrigated (30± acres). The irrigated area under the Interstate (26.5 acres) and south of the Interstate (146 acres) are identified as dry up areas where consumptive use credits will be available, see Figure 3. The area under the Interstate was reduced to 19.0 acres for years of non-use since construction of the Interstate, circa 1972. Sloughs on the property have been irrigated but were not included in the dry up totals due to possible jurisdictional wetland classification. The irrigated acreage subject to dry up and consumptive use credits averaged 165 -acres. Historic Diversions Table 3 contains a summary of the headgate diversions for the period from 1975 through 2003, as measured and recorded periodically by the Colorado Division of Water Resources. The average amount of water diverted at the Rising Sun Ditch headgate for this time period is 6,080 -acre feet. Typical diversion period during the last twenty years have been from April through November. Inspection of daily records has shown the ditch has diverted its full entitlement during higher demand months. The ditch has historically not experienced any diversion limitations due to physical streamflow shortages or downstream water right calls. Actual diversions by individual users have not been recorded. Assuming a prorata entitlement, the diversions attributable to the Hangs 31% interest averaged about 1,885 acre-feet annually, see Table 4. The excellent supply provided by this ditch was more than capable of providing a full water supply to meet all crop demands on the property. Based on the duty of water and the abundant water supply, it is our opinion that the additional irrigation water secured by the 2°d enlargement allowed for easier flood irrigation practices but was not necessary in order to provide a fuIi supply for the historically irrigated acreage on the property. Depletions The historic depletions represent the impacts to the river from the past irrigation uses and are equal to the amount of water diverted, less return flows to the stream. Return flows can be in the form of surface tailwater runoff and subsurface groundwater returns. The return flows were assumed to occur in the same month as diversions, therefore, the stream depletion was calculated as the water consumptively used by the processes of Evapo-transpiration (Et). The Et demands of the crops were calculated using the modified Blaney-Criddle methodology developed by the Soil Conservation Service in Technical Release No. 21. Climatic data available from the National Weather Service for the Rifle weather station was utilized in the analysis. The climatic data were available for the period of 1910 to 2000. Crop Consumptive Use The crop consumptive use is calculated on the attached Table 5. The Blaney-Criddle calculation determined that the annual net consumptive use for pasture grasses grown at 5 the subject property would be 1.97 -feet, see Table 6. This represents the amount of irrigation water consumed under full water supply conditions. The 165 -acres of area would have an annual depletion to the Colorado River of 325.8 acre-feet (165 acres x 1.974 ft), under a full water supply. Table 6 - Net Consum e tiv Use (Et) Month Apr May Jun Jul Aug Sep Oct Total Net Et (fl) 0.17 0.29 , 0.37 0.41 0.36 _ 0.25 0.13 1.97 CHANGE IN USE/PLAN FOR AUGMENTATION The mining of aggregate will expose groundwater causing evaporative depletions. The groundwater will also be used for aggregate washing. The gravel pits will be classified as wells using groundwater tributary to the Colorado River. Wells will require coverage under a plan for augmentation to prevent injury to downstream water rights. The maximum depletions from the mining operation and well will be 318 acre-feet annually. The historic use of the Rising Sun Ditch on the Hangs Ranch property, in the mining area and under the Interstate, has resulted in a depletion to the Colorado River averaging 325.8 acre-feet annually. A change in use of the irrigation rights to allow for augmentation, will enable augmentation of mining depletions during the irrigation season (April through October). The irrigation depletions exceed the mining depletions annually. Table 7 shows the monthly comparison. Table 7 - Hangs Ranch Augmentation Balance (acre-feet) JAN FEB MAR APR MAY JUN JUL AUG l SEP 1 OCT NOV 1 DEC l Total .1 JAt Full Build Out =100 acres ponds) Rising Sun Ditch Cred to 0.00 0.00 0.00 28.23 47.89 81.03 87.65 58.88 40.88 21.24 0.00 0.00 325,8 Gravel Pit Evaporation 6.00 9.00 18.00 29.00 40.00 51.00 52.00 45.00 32.00 20.00 10.00 8.00 316.0 Residential Well Oepieticns 0.005 0.005 0.005 0.176 0.295 0.375 0.415 0.362 0.253 0.134 0.005 0.005 2.0 Excess(+yShorlages(-) -6.00 -9.00 -16.00 -0.95 7.60 9.66 15.24 13.50 8.83 1.10 -10.00 -6.00 7.8 PeservairAugmentation -8.00 -9.00 -16.00 -0.95 , -10.00 -8,00 -48.0 (From Phases 1,2,3A= 75.55 acres ponds Plus 200,000 tonste , aggreeate_production� Rising Sun Ditch Credits 0.00 0.00 0.00 28.23 47.89 61.03 67.65 58.86 40.8a 21.24 0.00 0.00 325.8 . Gravel Pit Evaporation 4,53 8.80 12.09 21.91 30.22 38.53 39.29 34.00 24.18 15.11 7.56 4-53 238.7 Mining Operations Commercial well depletions 0.26 0.004 0.28 0.004 2.41 0.004 2.41 0.004 2.41 0.004 2.41 0.004 2.41 0.004 2.41 0.004 2.41 0.004 2.41 0.004 1.04 0.004 0.26 0.004 21.2 0.04 Excess(+)lShartagea(-) -4.81 -7.08 -14.50 3,91 15.28 20.09 25.95 22.45 14.29 3.71 -600 -4.02 65.6 Reserioir Augmentattoii -4.81 -7.08 -14.50 -8.60 -4.62 -39.8 Full Build Out Table 7 summarizes depletions following the completion of mining operations. During the irrigation season, from May through October, there is approximately 55.73 acre-feet of excess consumptive use credits after mining operations have ceased. Non -irrigation season evaporative depletions cannot be augmented from the ditch credits and total approximately 48 acre-feet/vear. Historically, there has not been a water rights call from downstream on the Colorado River during the non -irrigation season. Due to large 6 conditional rights downstream, we recommend an augmentation source be developed to offset winter depletions. A water contract from West Divide Water Conservancy District utilizing storage water available from Ruedi Reservoir or Wolford Mountain Reservoir would be sufficient to provide winter augmentation. An additional 10% of contract water could be required to offset conveyance losses. Depletions During Mining Operations Table 7 also summarizes depletions during mining operations when the last pond is being mined and Phases 1, 2, & 3A are completed_ The mining operations result in lower depletions than that at full build out. The reservoir augmentation water requirement prior to the completion of mining operations is 39.8 acre-feet/year. Therefore, if the winter water requirement of 39.8 acre-feet is obtained, there will be sufficient augmentation water for the plan assuming a continuous call during the winter period. Excess consumptive use credits in the amount 105.6 acre-feet exist during the irrigation season during the final phase of' mining operations. The change of use from irrigation to augmentation typically requires implementation of an augmentation bypass station to return water to the river. The location and design of the augmentation structure will require future investigations. The change in use of the ditch rights should be prorated to distinguish the rights remaining for irrigation use north of the interstate. We recommend that 16% of the Hangs Ranch rights remain for irrigation uses, based on a prorata entitlement for the estimated 30 acres irrigated north of the Interstate. Summary The proposed gravel mining operations and well result in depletions to the Colorado River. New junior water rights combined with a plan for augmentation can be developed to replace depletions and prevent injury to other water rights. The augmentation plan will require change in use of portions of the Rising Sun Ditch and should include winter water replacement to offset possible future calls on the Colorado River during the non irrigation season. If you have any questions, please do not hesitate to call 970-625-4933. Sincerely, Christopher Mallen, P.E. Enc1: CM:crn WarerR QhtReporte-20•06,dx 7 A • • al I .; ,-. _,.-.,..,.i.,...1....r.i.. .ij'Ar:ti. '...,.•( ''L•.., . ... .1..- F-1. .7,1, ,,,,,::.,..,§,.....,.. ,....•• -.. • ;,•-'0,;:‘:,-;....\-.6,;.:°f.:,.,' - -••• \',' '•,, -',..:•T-'-,,,,•-•-•,",,,:.„,- "; i'•,..:. - .. • '..• 'P.\ -,-;,'. 'T----C-S'i\i'•-•.--::-...,-s,,,r-k.' %1 ., 4.4...., ..' ...-..Y.i• - "L , ) •,... ti c.,.... ji, . ..41,...1 ..1. ..... .. . .,.., . 1 ' 1 :. . ,6.....; :-.5 • ' ' .)•'-- • T 5 S '''-'..ti ."-1/4•":5-',':•:. -•-; . 1.:••.):•,-...:ct .-1 * '',:. ..:`,..e. 1 ..'•••••• .' 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P !Foamy 0•11111 Hangs Ranch General Location Map Namc: CRE04009-02.dwg lJcb No: 645 1 Client NvD by: ltiHrAPIvd by: CM Dan: My 21, 2006 Ilang Mach YKIJILE MO. • ,„ • ; • I ! • ;5:".• ork Phase 1B Well Pond (24.34 ac) r hase 1A Well Pond (1.07 ac) i• ------ - - • • 1 Phase 2 Well Pond (14,55 ac) 01 irt Phase 3A Well Pond (35.59 ac) Hangs Offce Well 1 I ! 1 ! , 1! 3 11 I/111111111/1/11in11 10) -----,.\." "I•r Phase 3B Well Pond i!„,..4 (22.25 ac) ...r . • --.`i•-:',.,,,,,,'.v ,ii.f, . • ,, . ilk . It -',-, '..." •:-...''''-'(/' j - '3 ; -1,.1. '•,,izA 1 ::_... .., ..,.. • (:-",,:x.;:. ,......• ' , - //e- . ,.re 6,-....,',‘,.."..> ,-• • • , !••••,15-: . , • . . • . '•.*. - • —.. - • 4' — — TYPICAL SYRIA In -»J1$ DETAIL Exi-aarr F: RECLAMATION PLAN MAP 1 GA m rzr PAX PROJECT ag.v4/111 MAT DAG 112 pcorr APPLICATION vas .040 ass°, Lfx SILT SAb & GRAVEL .v.310-wv- to 1 ; (442.Minfli Clevo-Var.0 III traltadit.0 ..,,, ' CIV vvalVII r-2 r mvIravry i -,..na IY , .01.7f5. . WY SW' L., 200' Pond Area = 97.8 Acres Bax 2301 ',COLORADO CO 3165° NIINtwRIVER Td 9704254933 Nvo,...31 ENGINEERING Fax 970.6.25-4 56.1 0,11 6 ev7r.tv vvVevv• AVM. livagrms felon Puna erg ver,vev.vacy. Fay., •C.,.• a, Pa, va,a,ak C.a,ra Vvi .ACI643 'Ai C.r.,-,)Z/v) 1.9-L0.• r-e-vvv4-1-1/.; 1 M 3 1 •' 1 QF"f i. r' - rr a!'.-1 r .tib .i`., r r -.�,j.� riY•F r a •'•r r 94'...-t—' ' 1ff r f •j • rs�t .,... �....`ti..�.. - ... .'44 .ii - r .1....:::::::.7:1,.....5.1.....":=..,--...%..........i,11,11 .i i • Y }! \- �Yl Yom, ferrA Y/ Irrigated Area Dry up Under 1-70 = 19.0 acres - . (Ad usted for non-use) Colorado: 'u.et eLeei -1.1_ 7t; ri • PO Box 1363COLORADO Rlf!a,CO "50 i IVER Til 9,0.25-033 ENGINEERING Fax 9'0.625-4564 CM1 bgnaennp 1 rii'M AVIA 41417Mr.4 M,1 Ara 1Ccnu 1++*rdr, W. P.rtrYrhc lrryrtckQj, rood P&M .Cern&, F.perp; Carp C'j, 1 4371 1000 0 /� \,e ,,°:xooa- t d f E rJ Hangs Ranch Irrigated Acreage Dry Up File Name: CREO4009-02.dwg Job No: 645 Drawn by:MH Aprvd by: CM Date: June 26, 2006 Client: Hang Ranch TABLE 1 - TOTAL WATER REQUIREMENTS (acre-feet) GRAVEL PIT - FOR PHASES 1, 2 & 3 COMBINED Sand & Gravel Washing Month (1) January 3.07 February 3.07 March 13.81 April 13, 81 May 13.81 June 13.81 July 13.81 August 13.81 September 13.81 October 13.81 November 3.07 December 3.07 Total 122.76 Notes: (1) (2) (3) (4) (5) (6) (7) (8) Dust Control (2) 0.00 0.00 1.35 1.35 1.35 1.35 1.35 1.35 1.35 1.35 0.74 0.00 11.54 Hangs No.1 Hangs No.1 Concrete Truck Pond Well Well Production Washing Evaporation Domestic irrigation Total Tons Cubic Yards (3) (4) (5) (6) (7) (8) S&G Concrete 0.09 0.00 4.53 0.024 n/a 4.65 5,000 1,000 0.09 0.00 6.80 0.024 Fifa 9.98 5,000 1,000 0.18 0.04 12.09 0.024 nla 27.50 22,500 2,000 0.18 0.04 21.91 0.024 nla 37.32 22,500 2,000 0.18 0.04 30.22 0.024 n/a 45.63 22,500 2,000 0.18 0.04 38.53 0.024 nla 53.94 22,500 2,000 0.18 0.04 39.29 0.024 nla 54.70 22,500 2,000 0.18 0.04 34.00 0.024 n/a 49.41 22,500 2,000 0.18 0.04 24.18 0.024 nla 39.59 22,500 2,000 0.18 0.04 15.11 0,024 n/a 30.52 22,500 2,000 0.09 0.02 7.56 0.024 n/a 11.50 5,000 1,000 0.09 0.00 4.53 0.024 n/a 7.72 5,000 1,000 1.84 0.38 238.74 0.284 0.000 372.47 200,000 20,000 200 gallons per ton for 200,000 Gravel crushing and road dust suppression at 30 gallons per cubic yard for 20,000 Truck washing requirements at Evaporation CU from 75.55 acre ponds 10 each using Employee number nla no irrg during mining Sum of (1) through (7) Colorado River Engineering, Inc. ton/yr production sand & gravel 20,000 gpd, 22 days per month March 1 through November 15 cubic yard/yr production concrete 650 gpd, 22 days per month March 1 through November 15 based on Blaney Criddle calculations for Rifle Precipitation Data 35 gpd, 22 days per month year round 6/26/2006 3:25 PM Total Phase 123 TABLE 18 - TOTAL CONSUMPTIVE USE GRAVEL PIT - PHASES 1, 2 & 3A COMPLETED ( Depfetions.Sac-ft) Credits (,ac -f1) Assumptions Sand & Hangs No.1 Hangs No.1 Historic Ditch Gravel Concrete Truck Pond Weil Well Historic Credits Less Winter S&G Concrete Pond Washing Dust Control Production Washing Evaporation Domestic Irrigation Total Credits Totat Demand Sholage Production Production Evaporation Processing Month (1) (21 (3) (4) (5) (6) (7) (8) (9)._ (10) (11) Tons Cu Yds ft/ac DayslMonth January 0.18 0.00 0.09 0.00 4.53 0.004 nla 4.81 0.0 4.81 -4.8 5,000 1,000 0.06 0 February 0.15 0.00 0.09 0.00 6.80 0.004 n/a 7.08 0.0 -7.08 -7.1 5.000 1,000 0.09 0 March 0.83 1.35 0.18 0.04 12.09 0.004 nla 14.50 0.0 -14.50 -14.5 22.500 2,000 0.16 22 Apnt 0.83 1.35 0.18 0.04 21.91 0.004 rva 24.32 28.2 3.91 22,500 2,000 0.29 22 May 0.53 1.35 0.18 0.04 30.22 0.004 rile 32.63 47.9 1526 22,500 2,000 0.40 22 June 0.83 1.35 0.18 0-04 38.53 0.004 n/a 40.94 61.0 20.09 22,500 2,000 0.51 22 July 0.83 1.35 0.18 0.04 39.29 0.004 ilia 41,70 67.7 25.96 22,500 2,000 0.52 22 August 0.83 1.35 0.18 0.04 3-4.00 0.004 We 36.41 58.9 22.45 22.500 2,000 0.45 22 September 0.83 1.35 0.18 0.04 24.18 0.004 we 26.59 40.9 14.29 22,500 2.000 0.32 22 October 0.83 1.35 0.18 0.04 15A1 0.004 n/a 17.52 21.2 3.71 22,500 2.000 0.20 22 November 0.18 0.74 0,09 0.02 7.56 0.004 n/a 8.60 0.0 -8.60 -8.6 5,000 1.000 0.10 12 December 0.18 0.00 0.09 0.00 4.53 0.004 n/a 4.81 0.0 -4.81 4.8 5,000 1,000 0.06 0 Totat 7,37 11.54 1.84 0.38 238.74 0.043 0.000 259.90 325.8 65.9 -39.8 200,000 20,000 3.18 188 Notes.. (1) 200 gaiions per ton diversion, 15% depletion (2) 20,000 gallons per day diversion 3/1-11/15. 100% depletion (3) 30 gallons per cubic yard diversion. 100% depletion (4) 850 gaiions per day diversion 311-11/15, 100% depletion (5) 77.55 sutlace acres x 3.16 feet/acre annual depletion (6) 10 employees x 35 grid diversion, 15% depletion (7) n/a no irrigation during mining (8) Sum of (1) through (7) (9) Based on 165 acres with Net Irrigation CU of 1.97-fllacre (10) Column (9) - Column (8) (11) Column {10) Shortages Only Colorado River Engineering, Inc. 6/26/2006 324 PM Consumption Phase 123 TABLE IC - TOTAL CONSUMPTIVE USE GRAVEL PIT - ALL PHASES COMBINED (Full Build cut) MonTh January February March April May June July August September October November December Tota! Notes: r_- Depletions ac -ft Credits (ca -ft) Assumptions Sand & Hangs No.1 Hangs No.1 HlstaricCredits • Gravel Concrete Truck Pond We Well Historic Less venter Pond Washing Dust Control Production Washing Evaporation Domestic Irrigation Total Credits Total Demand Shortage Tons Cubic Yards Evaporation Processing (1) (2) (3) (4) (5) (6) (7) (8) (111 (9) (10) S&G Concrete ftac Days/Montt) 0.00 0.00 0.00 0.00 6.00 0.005 0.000 6.00 0.0 -6.0 -6.0 0 0 0.06 0 0.00 0,00 0.00 0.00 9.00 0.005 0.000 9.00 0.0 -9.0 -9.0 0 0 0.09 0 0.00 0.00 0.00 0.00 16.00 0.005 0.000 16.00 0.0 -16.0 -16.0 0 0 0.16 0 0.00 0.00 0.00 0.00 29.00 0.005 0.171 29.18 282 -0.9 -0.9 0 0 0.29 0 0.00 0.00 0.00 0.00 40.00 0.005 0.290 40.30 47.9 7.6 0 0 0.40 0 0.00 0.00 0.00 0.00 51.00 0.005 0.370 51.37 61.0 9.7 0 0 0.51 0 0-00 0.00 0.00 0.00 52.00 0.005 0.410 52.42 67.7 15.2 0 0 0.52 0 0.00 0.00 0.00 0.00 45.00 0.005 0.357 45.36 58.9 13.5 0 0 0.45 0 0.00 0.00 0.00 0.00 32.00 0.005 0248 3225 40.9 8.6 0 0 0.32 0 0 00 0.00 0.00 0.00 20.00 0.005 0.129 20.13 21.2 1.1 0 0 0.20 0 0.00 0.00 0.00 0.00 10.00 0.005 0.000 10.00 0.0 -10.0 -10.0 0 0 0.10 0 0.00 0.00 0.00 0.00 6.00 0.005 0.000 6.00 0.0 -6.0 -6.0 0 0 0.06 0 0.00 0.00 0.00 0.00 310.00 0.059 1.974 318.03 325.8 7.8 -48.0 0 0 3.16 0 (1) 0= post mining (2) 0= post mining (3) 0= post mining (4) 0= post mining (5) 100 surface acres x 3.16 feet/acre annual depiction (6) 1 residence using 350 gallons per day 155%deplejon (7) 1 acre at 1.97 acre-feet consumption (a) Sum 0t (1) through (7) (9) Based on 165 acres with Net Irrigation CU of 1.97-f1/acre ,10) Column (8) - Column (7) Colorado River Engineering, Inc. 6/26)2005 3.24 PM Consumption Phase 45 Table 3 Rising Sun Ditch Diversions - Values in Acre -Feet Headgate Diversions From the Colorado Division of Water Resources Year Nov ; Dec Jan Feb Mar Apr ' May ' Jun Jul Aug Sep Oct 4 Total . 1975 442 961 1277 ' 1311 983 129 5109 8088^"' k 1976 61 1888 1989 1402 1038 1441 270 1977 135 1474 884 1334 1001 503 157 5489 1978 106 557 931 707 1115 1125 812 5352 -1 1979 18 487 1057 1828 676 958 980. n 6003 —4 1980 I _s.._ 621 1277 1494 2551 2245 992 9180 1981 221 970 1086 1333 1442 1150 '762 6963 1982 286 1218 1267 1832 2275 1338 895 8911 1983 2075 1632 1261 1228 2109 8305 1984 632 2001 2244 2478 2718 , 2847 ' 12920 1985 460 753 1184 1738 1880 6014 1988 ti 221 1211 1843 1077 1424 1 1741 421 7938 _ 1987 ` 1008 841 2271 1874 968 500 7460 1285 1989 154 2452 2797 1733 1281 1045 63 9523 1990 43 626 1991 12 4 1992 r 1628 843 1671 1400 934 1036 1279 8617 585 763 948 1035 240 4430 25 548 , 350 498 881 765 1993 1 113 962 1055 650 1 609 498 3567 470 3859 3569 8476 S4 �' 2660 364 P 5134 607 5264 3408 1117 5851 3022 3699 3332 1994 , 270 1995 48 14 , 1996 58 62 62 58 62 32 98 933 587 704 1151 1185 152 656 910 722 105 823 950 934 983 751 1997 1988 1999 2000 2001 2002 1 26 31 31 28 31 2003 39 48 46 42 46 Average : 22 5 5 4' 5 828 1000 932 1024 873 373 901 979 1 986 169 107 198 208 215 215 126 46 278 805 975 867 867 1029 1029 - 293 , 1241 , 833 655 162 881 437 530 728 531 486 • 229 454 522 658 609 426 215 91 766 1046 1136 1177 4 1031 791 6080 -.:•a1 Acing $u9 Df+ars:rns.'.1s 222ccIi 11-21 COLORADO RI'vER ENGINEERING, Inc. Rii1a, Cc!orafo Table 4 Hangs Ranch - Rising Sun Ditch Prorata Diversions - Values in Acre -Feet Prorate Percent 31,0% Year Nov Dec i� Feb Mar A.r Ma Jun Jul Aug Se . Oct Total 1 1975 0 0 0 0 0 0 137 298 396 408 305 40 1584 1978 0 0 0 0 0 19 585 617 435 322 447 84 2507 1977 0 0 0 0 0 42 457 274 414 310 156 49 1701 1978 0 0 0 0 0 33 173 289 219 346 349 252 1659 1979 0 0 0 0 0 8 151 328 567 T 210 297 304 1861 1980 0 0 0 0 0 0 193 396 463 791 696 308 2846 0 0 0 0 0 69 301 337 413 447 357 236 2159 ._1881 1982 0 0 0 0 0 89 378 393 568 705 415a 215 2762 1983 0 0 0 0 0 ,. 0 0 643 506 391 381w 654 2575 1984 0 0 0 0 0 0 196 620 696 768 843 883 4005 19850 1 0 0 0 0 0- 0 143 233 367 538 583 1864 1968 0 0 0 0 0 _ 69 375 b 571 334 441 540 131 2461 1987 J 0 , 0 0 0 0 0 312 261 704 581 300 155 2313 1988 0 0 0 0 0 7 272 336 398 397 384 258 2052 1989 48 0 0 0 0 0 760 867 537 397 324 19 2953 1990. 13 0 0 0 0 194 505 518 434 290 321 396 2671 19914 1 0 0 0 0 281 181 237 294 321 74 1373 1992 j 0 0 0 0 0 8 170 109 154 273 237 154 1105 1993 0 0 0 0 0 0 35 298 327 202 189 146 1196 1994 ,, 84 0 0 0 0 31 289 176 218 357 367 1108 2628 1 1995 ., 15 4 0 0 0 0 47 203 282 224 33 j 825 1996 17 19 19 18 19 10 255 295 290 305 233 MEM 1592 1997 0 0 0 0 0 0 257 310 289 317 271 188 1632 1998 0 0 0 0 0 0 118 279 303 306 52 0 ,1056 1999 0 0 0 0 0 33 81 64 67 67 39 1 346 2000 0 0 0 0 0 86 250 302 269 269 319 319 ; 1814 2001 r 0 0 0 0 0 0 0 0 91 385 258 203 937 2002 8 10 10 9 10 50 211 135 164 225 165 MIN 1147 2003 12 14 14 13 14 71 141 162 204 352 189 365 132 67 ,1033 320Est 1885 Average I 7 2 1 1 1 28 237 324 3. n Civers;ans.tIs RIVER COLORADO RIl �R EfvGft:EEftfNG, Frtc. I:21 AM 7,;1a, Co!cr,,do TABLE 5 BLANEY - CRIDDLE CONSUMPTIVE USE CALCULATIONS Location: Hangs Ranch Elevation: 5400 Feet Latitude: 39.4 Degrees North Weather Station: Rifle 1910-2004 Crop: Pasture Grass Month (1) GS (Jays (2) Mean Temp (F) (3) Daylight Hours (4) Climate Coeff. Kt (6) Growth Coeff. Kc (6) CU Coeff. K (7) CU (in) (8) Total Growing Season Precip. (in) (9) Total Effective Preclp. (In) (10) Net Cons Use (an) (ft) April 26 48.8 8.92 0.81 0.89 0.72 2.71 0.88 0.66 2.05 0.17 May 31 58.5 9.97 0.84 0.93 0.78 4.39 1.00 0.91 3.48 0.29 June 30 64.8 10.05 0:86 0.94 0.81 5,30 0.73 0.86 4.44 0.37 July 31 71.1 10.18 0.89 0.94 . 0.83 6.03 1.02 1.11 4.92 0.41 Au.ust 31 69.0 9.53 0.88 0.93 0,82 5.37 1.13 1.09 4.28 0.36 September 30 60,4 8.38 0.85 0.90 0.77 3.88 1.11 0.90 2.97 0.25 October 26 50.0 7.77 v 0.82 0.83 0.68 2.21 1.01 0.66 1.54 0.13 1 Totals 205 29.9 6.88 6.19 23.69 1.97 2.49 0.57 0.52 1.97 (feet) (1) Total Growing Season (# days average temp 45+ degrees) (2) Temperature from Rifle weather station for data from 1910 to 2004 (3) Daylight Hours Based on Latitude (4) Kt = .00328 x Avg Temp + 0.6501 (Pochop) (5) Kc = growth coef from TR -21 (Pochop adjustment) (6) K = Kt x Kc, unless actual crop coeff K value is used (7) CU = (2) x (3)1100 x (6) (8) Precipitation from Rifle weather station for data from 1910 to 2005 (9) SCS Technical Release #21, September 1970: Based on a net Depth of Application ( Also includes nongrowing Season Precipitation carryover) (10) Consumptive Use adjusted for Effective Precipitation (7)-(9) Effective Precipitation Calculations Non Growing Season Precip 4.79 inches Non Growing Season soil carryover 2.54 inches (-.811+7 x Pcp) Maximun soil water capacity 8.7 inches Assummed Beginning of Season Soil Moisture Storage of Precip= 2.54 Total GS Eff NGS Eff Total Pcp Cu Precip Precip Eff Pcp (in) (in) (in) (in) (in) (m) Jan 0.87 0.00 Feb 0.77 0.00 Mar 0.95 0.00 Apr 1.02 2.71 0.43 0.43 0.23 4.66 May 1.00 4.39 0.53 0.53 0.37 0.91 Jun 0.73 5.30 0.41 0.41 0.45 0.86 Jul 1,02 6.03 0.59 0.59 0.51 1.11 Aug 1.13 5.37 0.63 0.63 0.46 1.09 Sep 1.11 3.88 0.57 0.57 0.33 0.90 Oct 1.20 2.21 0.47 0.47 0.19 0.66 Nov 0.89 0.00 Dec 0.93 0.00 11.62 29.88 3.64 3.64 2.54 6.19 0.66 inches 2;5Y P\ -f 1 Summary ecrees Appendix A Rising Sun Ditch Decrees Li flV g;� yuir li-a$4 `5<'QCS3x JI i q U N 'id IliV, 55 1 d -------------- N /, r N .+ v N wa r .� n M .. 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Y .`;G 2 S a i+• E 2 { `� `Lyy C Y. aZ 2 Vi tWZu ; 2 Lyu Lt N y� i �y WSW 2 syYS VS L uZ� 0 N UI N t%I � � � � � i � � � � L � � � � 2 � '� '�` .q � 2 L, its W N N b X � � to Z S a S w`�• Z S +� � L ZL � VI eRg!mmg4 Ran Rana RRRR33RRAAARRAR : rvnRRRRARRRAAARRR3RRARRR 2 r1' _ J .;' y. ;X z .J Y' �' x Z ,y Y y� ,y!yg ,y Y �Yy Cs 3 i i r J � AW4IVA q a 1� R .Y N� > TI �7 S3 ci .7 �7 chi c�S ,5 itS Ups,...,..-.-_e.e72_mvv.:2;72".vp.x a o w 14a ismn;#3iiii3 i3S 33i? iaiiiii3w aq;ora oaaao0000s 3 31 Z..i 2- _ s py 's ''i r .... ��� sawn r_, :i4 � ��� X33 I';V�' ss c� � !!!!!!!!!!!!:::::;!!!:!2 -3CL 4 13 i yyi.. '1J 1W ww , qy'. s 1 ti ! L N . '1 . z '% 2i15n'. - Y -i, , ..,,, 2,,,,,, ,.., `c7. �n,, ai ¢ tF' $„22 22, .-,n ' W ��I33 319 '2'.4844N,4 R n _ - J J.2 . -44 `3�r�.-nrvn.v,`.... psi ai.`�L' fir.". . ire ni � '.��� Fb+,'•��'W�'+� ..ter--���s�-. • WATER DISTRICT NO. 45 • DECREES .ADJUDICATING PRIORITIES cY+ Entered by the DISTRICT COURT Garfield County. State of Colorado, Prior to Armor Ent. A. D. 1911 Printed by order of the Court HON. JOHN T. SHUMATE, JUDGE Prepared by L'tiAS. H. KING, Ckrk 1 itk 1.4.40?:#x to tlu' ra!io afro cubic feet o: water ].cr minute to 5o acres of such additional land. nr.dl ;:rovidtd lurthrr, 'that laid increase of paid additiOnaf land and the 1., er of tltc said pr:,i,oa not, ate additional amount of water appropriated thereto r. thereon, be made by said ;arty with reasonable diligence. And provided further, That said land lying under t aid ditch shall not emitted to ere civc more titan raid projorti orate am ouzel of water- whether .an said ditch or frons said Leaver Creek Filch, (NNLI--See deet -cc at page 54 fleece!) NUMBER. TWELVE CLEAR cRETzr. DtTC1{ ditch is ['stilled to Priori des ]tor. t5, zy and 9-. It is ct l?toI by W dna,. (',rigor foot'-ninlhr, brank 11, Wisrnor three -ninths, and 30ho. G. Cora4 1 wo-ninthI interests rer pectively. It is a ditch axed for die ir- rigation of lances and eaters its supply of water front Clear Creek, a branch of Divide ('retk, in Gat field County. The hcadgatc lhcreof h located about ib miles fr,an the ntonrh or junction of lite said creek with Divide Creek, at a point 00 ¶1¢c nal th-earl Lame lila cof, an ktn_urveycd laud. %', nd it is herr Ly adjudged and decreed that there be allowed to flow ,,,in N411 ditch from said c,cek for the use a€oresaid, and for the benefit of the parties lawfully entitled thereto, nu der and by virtue of the appropriation by nal tonbt rection --Priority ho. 15—Go calsis feet of water per minute. And hurdler, that there be allowed to $ow into said ditch as aforesaid, fur the use and berutit siGresadl, under and by virtue of the appropriation. by firm eitlairement--Priority 4o. ay -14o additional cubic feet of water per minute, And further. that there he allowed to flow into said ditch from said tree:: for the we and benefit aforesaid, under and by virtue of the appropriation 1'y seton.l C.11/4gcnrcttl--Irlorily No. 97^-ra additional cubic tett of water pre ntiaruic. That the whole amount of water to which said ditch is at nreeent entitled 4 aro cubic feet per minute. Provided. That ,aa cubic feet of water pct minute of raid two last mentioned appropriations shall only be granted and allowed to flow into said ditch from said creek for the zest and benefit aforesaid. in proportion as aaid Lai tics shall increase tlrrir feasibly irrigable lands thereunder Duct And above ti,c amount of 75 acres, in the ratio of 6o cubic feet of water per minute to 5o cit es of 5udl addition al lard. And provided fuether, That tail increase of said addition] Innes and the "ser of Bald p,'Oportiottate additional amount of water appropriated therefor, tacrccn, be made by arid partirn wish rrasnn able diligence., NUMBER THIR'T'EEN '111E RISING SUN DITCH '1'1.at said tiit:h is (Anklet' to Priorities Nos. t6 and 64. It is claimed by 1,a .0 ince Skelly Jon -514,, Laurence Sweeny 2C -San, Wi iliani Skelly r63•38u. I.. C, Cr.!t 163 -She, 1. 1100 $wcency 811,S3o Mathew lieLfahon 40-380, John Hayden as S:Ko ra..pccti very. it is a ditch treed for the irrigation . cf lands, and - takes it, water xnpply ir.01 the Grand Itivtr, The headgate thereof it located nn tlu South hank of raid Aver, at a point near the soulivwcst corner, Sec. tt, T. 6 S., l;~ r `\`, in Car6tbl Cream y. And it is hereby adjealgcd anti decreed, that there • be allowed to flow Into said ditch from said river for the ure aloreraid and for Ilse benefit uI the parties lawfully eatitfud thereto, and er and by virtue of the appropriation by original eonstruttiou—Priority No. i6-2on cubic feet of wafts per minute. And further, that there Le allowed to flow into said ditch front Said river, for the 030 and benefit afore;aid, under :tad by virtue of 1171 appropriation ley fine enlargement—Priority No. 64-515 tdilitionat cultic feet of water per 01.1 1110. That the whole runount of waster to which said [halt is at present en- titled is 710 cubic feet per minute, NUMBER FOURTEEN dl,\,\ll[ C'fC1;Pili 1)]'1'C11 That said ditch is entitled to Priorities Nos. 17i 5t, aril )5 1L is claimed by Andrew W. Gustafson !aur-lhirtucur.isN John E. Perkins throe -thirteenths, '1'Irontas Sherreft four thirteenths, Jere ?d, (.remits( onr•thit"teenth and George W. Sager one•thirteenhil rcapcetivtly. It fa a ditch used for the irr:gution of lands and takes its supply of water front the middle fork of hfa010 Creek. The beadgate thereof is located on the cast bunk of said creek, at a point about three 'stiles above the forks of surd Molt. its Garfield County. And it is hereby adjudged and decreed that there be Allowed to flow into said ditch from said creek for the use aloresard, An for the benefit of the patties lawfully entitled thereto, touter and by virtue. of the appropriation by original construction ---Priority No. r7-100 cubic frt-1 of water per 0111tnt5. • And further, that there Le allowcd to flow luta said ditch as aforesaid. for the use and benefit afor1_a:el wider anti by virtue of the appropriation by first enlargement Priority No. 5I—@ou additional cubic feet ul water per minute, And further, that there be allowed 10 Row into 1041 ditch al aforrsai,l, for the we and benefit aforesaid, under and by virtue of Lb.: ataprop1iatian by sccoud enlargenIcIlc—Priority No. 75-57o cubic feet of water per minute, That the whole amount of water to wh:ch raid ditch is at present entitle,' is tiro cubic feet per minute_ Provided, That 37o cubic feet of water per minute of said last mentioned appropriation shall only be grunted and allowed to thaw Into said ditch from said creek, for the use and b, -hent arorta:aid, in proportion 00 said parties [hall lncreuse their feasilily irrigal-le lands thereunder, over and above the amount of 250 acres, in the ratio of 6o cultic fort of water per minute to 5o acres of said additional laud. And provided farther, That such increase of tuch additional lands and the user of the said proportionate additional amount of water apprnpr:utcd therefor, 11101 on, be made by said parties with 'reasonable d:ligcncc. (NB -See decree at pages 240. 245 and 504 hereof) NUMBER FIFTEEN SJ'Al2F:1 DI'TCkf That said ditch is cdttitlesl t0 Priority No- r8. 11 is claimed by Gcorge IT. Starke. It is a ditch used for the irrigation of laudr, and taker: its supply of water from Deaver Creek, The headgate thereof is located 011 the north bank of said creek, at a point about one-fourth mile above.. rite mouth thereof, in Garfield County. The clain nts of said ditch are Bennett C. Shideler, Charles J. Shideler, Rudolph Schatz, John Schatz, Arnold R. Allen, June M. Allen, Donald J. Hangs, Clarence E. Hugs, 'William E. Limbach, Genevieve C. Limbach, Thomas J. Sweeny and :Maurice Y. Sweeny all of Silt. Colorado, Marie Dedirsse of Derby, Colorado, Margaret S. Sweeny of Cheyenne, Wyoming, Alfred A. Sweeny of Al- buquerque, New Mexico, and Jakob Mall a Glenwood Springs, Colorado. The source of supply of said ditch and of the appropriation awarded there- to is from a headgate located on the lands of Kenneth A. ScPherean, Bobby L. McPhcrean, Warren McPherson acid Leslie D. McPherson. The headgete and point of diversion of said ditch is located in Garfield County, Colorado, at a point on the Southerly bank of the Colorado River, whence the Southwest Corner of Section 11, Township 6 •South, Rangy 8i West of the Sixth Principal Meridian, bears South 46°311 West 1, 589.1 feet. The purpose for which the water diverted through said ditch le used in for irrigation and other beneficial purposes. 'The priority date to which the appropriation hereeby,awarded said Second Enlargement of the Rising Sun Ditch is entitled is ,4I- Rf L. 1.71775.3 Said appropriation was made by the Second Enlargement and the ditch has been previously awarded Ditch No. 13 with Priority 1'To. 16 for 3 t)3 cubic feet of water per ascend of time (200 n-ubie feet per minute of time) by the original appro- priaticn and Priority No, 64 for 8 e_subto feet p©r second of time (310 cubic feet per minute of time) by the First Enlargement, and is entitled to Priority No. Zee s fuer 9, 0 cubic feat of water per second of time by reason of the Second Enlarge - merit. 1077 �?s • .may-•=---� �. v.p" r .-kn`7is_ be allowed to now into the said The Rising Sun Ditch from a Iieadgate located on the lands of Kenneth A. biePherson, Bobby L. McPherson, Warren McPherson and Leslie D. McPherson, for the use and benefit of the parties lawfully entitled thereto, under and by virtue at the Second Enlargeraent, Priority No. ra for $.4 cubic feet of water per second of time.. IT IS FUftTHER ORDER1 D, 'ADJUDGED AND DECREED, That the total amount of water to vrhioh said The Rising Sun Ditch is now entitled b 20 5/6 cubic feet of water per second of time. 1078 c - 7,7.2 7'r�S . �Li1.,r�._�.�_7'.'S.c-,:...i r'""Y704_ Zv.- w<vCs • • kr- , irk {� r to . `$ 4 t►L* ;Q. tis A. i C'li 0f f' i• rr���,�tt,,,� ..,,,,kkaa - 1r !� r� 7bS, / }..{�J 1� ., �t�_ D. p�( -_fr 0010. 3110, tot* {W • A1N .F' %J �% i u Lft b .01 aid N *It* D. is 1`prt a • 'r 241r CgiprepAo. ,ems _.y Y.;•€, `mss sem► at atsfyiy cd said d#tit axt4 of 24 INSIT o is tecan a 1r t ors latidrr C�ihi ,twat s it F `� '"'' #d00,aamild;li ttii *t4 C t li e01 Olt - fta O B pair., t}¢p: °. � . ,.<:r. .j`. .t* tad tis tor Rini y i tiW,f�uy ` Phonon Enlertanaltai of 'rho Illakkg Slut Ditch in 4ia .tb4 go Jowl, lotto, Said appropriAtiOn was mad* V the McPharaon rmlitraMtat snd d 16 hns boon prorilattsly awartlsd Ditch No. 13 oath Priority No. 10 rot$ 1/34004•`. tut of valor or see and vx time by the cn4gimai. appropriation led Priority NO; dor 8. #i�a,able teat of water per soc d cif .s4 by tha ;First aPla Nil. 2a __ for O. #3 crate ttot of water par ae4 and gar era* by the &mild "'''nl3 'g0- m a4 r„r}d Ehrar..titiad to aPr/Av1ty N. A tar 4.0 uub:O tata1 a ;oar pre sect tit time by rc um at' the/ lacrhareon ItolorgerxLent. . wagat coni, i'i' , ORDZaillrf, AZTVDMID,"t si3)niellr allowadi to now f ct eat .:.aid McPherson argo sant otite trate.414 fkai MUT,.• Irma aen ato xocatad tho lands aZ tt* cluirtiarolf. tcv tho W-34 Oa boral:t ciS' th-s peirtt s 1r of y entitiud tharlta, wndsr a;:d by virt •Gd tba lar, :mast. ,Prfority ;1q. 24, ftcr 4, 0 a,Ibto .oat at 7441' ,petr roto .d of drAe. 1134 sWs 0.1 h F t. x •s e•s�,eljr, �E " •.l. kT'._-. �r3tw5 rt .a:..Yh�.. ri5s s, ,i {Ontomat 9f b Alai vatit.o eoff44 3f t ., 1135 AalutoP diairtk, PM* Vita f { =oft Stiittitri to itoribratt011 to 24 51V--4 r.ys • r' • f• J A • DISTRICT COURT, WATER DIVISION NO. 5, COLORADO Case No. 97C W152 FINDINGS OF FACT, CONCLUSIONS OF LAW, JUDGMENT AND DECREE IN THE MA t 1ER OF THE APPLICATION FOR WATER RIGHTS OF ALPINE GARDEN CENTER, INC., in Garfield, Eagle and Pitkin Counties, Colorado This matter came before the Court upon the Second Amended Application of Alpine Garden Center, Inc. for surface water right, ground water right, and plan for augmentation. The Water Judge referred the Second Amended Application to the undersigned as Water Referee for Water Division No. 5, State of Colorado, in accordance with Article 92 of Chapter 37; Colorado Revised Statutes 1973, known as the Water Rights Determination and Administration Act of 1969. The undersigned Referee has made such investigations as are necessary to determine whether or not the statements in the Second Amended Application are true, has become fully advised with respect to the subject matter of the Second Amended Application and has consulted with the Division Engineer for Water Division No. 5. The Referee hereby makes the following determination and ruling as the Referee in this matter, I. FINDINGS OF FACT 1. Applicant filed an Application for surface water right, ground water right, and plan for augmentation on June 30, 1997. Applicant filed an Second Amended Application on July 3, 1997. Upon the Court's order, Applicant filed a Second Amended Application on October 30, 1997. 2. The Second Amended Application was properly published in the resume for Water Division No. 5. M1 notices required by law have been made, and the Court has jurisdiction over the Second Amended Application and over all of the parties in this case. 3. None of the water rights or sources thereof involved in this Second Amended Application are Located within a designated ground water basin. The Morning S tar Well and source thereof are not located within a designated ground water basin. 4. Kelly Couey, Jacque and Levy Burris, Paul and Nancy Lirnbach,Marvelle Couey, Barry Shideler, Gary and Joan Erpestad, and CSCC, LLC filed statements of opposition. No other statements of opposition were filed,, and the time for filing such statements has expired. The said Objectors have consented to entry of this decree, as is evidenced by the stipulations with the Applicant filed with the Court. CLAIM FOR SUR 'kCE WATER RIGHT 5. Name of structure: Rising Sun Ditch, Alpine Enlargement 6. Legal description of point of diversion: In Civil Action 89, Garfield County District Court, the Court decreed that the headgate of the Rising Sun Ditch is located on the south bank of the Colorado River at a point near the Southwest Corner, Section 11, Township 6 South, Range 92 West bears South 45 °W.12 chains, Garfield County. In Civil Action No. 4954, the court decreed the point of diversion as being - located at a point on the southerly bank of the Colorado River, whence the SW Corner of Section 11, Township 6 South, Range 92 West of the 6th P.M. bears South 16°31' West 1,589.1 feet. 7. Source: Colorado River 8. Appropriation A. Date of initiation of appropriation: 05/15/1995 B. How appropriation was initiated: By diversion and application of water to beneficial use C. Date water applied to beneficial use: 05/15/1995 9. Amount claimed: 0.033 cfs, absolute 10. Use or proposed use: Case No. 97CW152 Applicant: Alpine Garden Center, Inc. Findings of Fact, Conclusions of Law, Judgment and Decree Page 2 located: A. If irrigation: Irrigation of nursery stock and lawn within an approximate 3 -acre area Iocated at 6328 County Road 346, Silt, Colorado. B. If non -irrigation, describe purpose fully: Commercial 11. Name and. address of owner of land on which point of diversion and place of use is A. Point of diversion: Flag Sand & Gravel, 1412 County Road 311 Silt, Colorado. B. Place of use: Kenneth Fisher, 6328 County Road 346, Silt, Colorado Applicant is the lessee of Fisher's property. CLAM FOR GROUND WATER RIGHT 12. Name of structure: Morning Star Well 13. Legal description: Located in the NE1/4NW1/4, Section 16, Township 6 South, Range 92 West of the 6th P.M. at a distance of 60 feet from the North section line and 1,450 feet from the West section line. A. Source: Colorado River Alluvium B. Depth: 100 feet 14. A. Date of appropriation: 2/14/1989 for domestic use; 5/15/95 for conditional commercial and irrigation uses. B. How appropriation was initiated: i. Absolute domestic right: By filing of exempt well permit application, and issuance of well permit #153443 on February 14, I989. Water has been diverted and placed to beneficial use. Case No. 97CW152 Applicant: Alpine Garden Center, Inc. Findings of Fact, Conclusions of Law, ludgrnent and Decree Page 3 ii. Conditional rights: By formation of intent to appropriate, on-site investigation, and by engineer's field investigation. C. Date water applied to beneficial use: 2/14/1989 for domestic use. 15. Amount claimed: 10 gpm absolute for domestic; 5 gpm conditional for domestic; 15 gprn conditional for commercial and irrigation. 16. Use or proposed use: Domestic in one single-family home; commercial (bathroom facilities associated with a greenhouse); and irrigation of nursery stock and lawn within an approximate 3 -acre area located at 6328 County Rd. 346, Silt, Colorado. Total well diversions will not exceed 15 gpm. The well may also be used for irrigation of nursery stock in a greenhouse during the non -irrigation season. 17. Name and address of owner of land upon which well is located and put to use: Kenneth Fisher 6328 County Road 346 Silt, CO 81.652 18. Remarks: A. Upon entry of the decree in this case, Applicant will seek a new well permit which will replace permit number 153443 and will permit diversions for said domestic, irrigation and commercial uses. The well will be fully augmented pursuant to the plan for augmentation described herein. B. The well is located within 600 feet of only one other well. The owners of that well have waived a 600 -foot spacing requirement, as is evidenced by the 600 -foot well spacing statement and supplement thereto on file with the Court. CLAIM FOR PLAN FOR AUGMENTATION 19. Name of structures to be augmented: Rising Sun Ditch, Alpine Enlargement Morning Star Well Case No. 97CW 152 Applicant Alpine Garden Center, Inc. Endings of Fact, Conclusions of Law, Judgment and Decree Page 4 20. Other senior water rights are diverted at the Rising Sun Ditch. 21. Water right to be used for augmentation: Ruedi Reservoir or other water supply source available to West Divide Water Conservancy District. The Applicant has a water service contract with West Divide Water Conservancy District. 22. . Information from previous decree for Ruedi Reservoir: A. Legal description: An on -channel reservoir located in the NW1/4NE1/4 of Section 18, Township 8 South, Range 84 West of the 6th P.M. B. Source: Frying Pan River C. Date of initiation of appropriation: 07/29/1957 D. Date'of adjudication: 06/20/1958 E. Amount: 102368.7 AF (140,697.3 AF was originally decreed to the reservoir in C.A. 4613, Garfield County District Court. In W-789-76, 38,328.3 AF of the original decree was declared abandoned). F. Decreed use: Generation of electric energy, domestic, municipal, industrial, irrigation, and stock watering. 23. Statement for Plan for Augmentation: Applicant intends to augment when otherwise out of priority all the depletions associated with a single-family residence and commercial nursery operation located at 6328 County Road 346, Silt, Colorado. For purposes of this augmentation plan, the home is assumed to have four year-round residents, each requiring 80 gallons per person per day for in-house use. The total annual domestic in-house demand is contemplated to be 0.392 acre feet and the consumptive use 0.059 acre feet. The contemplated annual commercial demand is .0.030 acre feet and the commercial consumptive use 0.005 acre feet. Waste water treatment is by individual septic tank leach field system with an estimated depletion rate of 15% of the well diversions. Irrigation is to be provided via the Rising Sun Ditch, Alpine Enlargement and/or the Morning Star Well. All irrigation of nursery stock outside the irrigation season will be under the Morning Star Well. Irrigation requirements were based on historic water use experience. The annual irrigation demand is conservatively estimated at 1.85 acre feet and the consumptive use at 1.48 acre feet. Case No. 97CW152 Applicant Alpine Garden Center, Inc. Findings of Fact, Conclusions of Law, Judgment and Decree Page 5 The total consumptive use augmented under this plan is calculated at 1.622 acre feet, which includes a 5% transit loss for the Ruedi Reservoir (or other augmentation supply source) deliveries. A table showing the contemplated water demand and consumptive use by month is Exhibit A hereto and incorporated herein by this reference. However, augmentation is required only when the Rising Sun Ditch, Alpine Enlargement and Morning Star Well are out of priority. The depletions from the well will stabilize at nearly equal depletions each month. A model accounting form for the augmentation plan is attached hereto as Exhibit B. Applicant has entered into a water service contract through the West Divide Water Conservancy District, which can replace out -of -priority depletions of up to 2.0 acre feet annually under the Morning Star Well and Rising Sun Ditch, Alpine Enlargement, as described herein. This augmentation plan is more than sufficient to replace the out -of -priority depletions under the said rights. Augmentation can be provided via Ruedi Reservoir or other facilities available to West Divide Water Conservancy District, as West Divide, the Division 5 Water Court and the Division of WaterResources may determine. The plan for augmentation can be operated only so long as the said contract is in effect. 24. Operation of the said augmentation plan will allow diversion and use of the Rising Sun Ditch, Alpine Enlargement, and Morning Star Well as described herein without injury to any vested or decreed conditional water rights. IT. CONCLUSIONS OF LAW 1. The foregoing findings of fact are fully incorporated herein. 2. Notice of the Second Amended Application was properly given. The Count has jurisdiction over all claims raised in and issues arising from the Second Amended Application, and over all persons or entities who had standing to appear, even though they did not do so. The Court has jurisdiction to adjudicate the subject claims regarding the Morning Star Well, see e.g., C.R.S. § 37-92-305(6)(a). 3. The Second Amended Application is complete, covering all applicable matters required pursuant to the Water Right Determination and Administration Act of 1969, C.R.S. §§ 37- 92-101 through -602. 4. Applicant has fulfilled all legal requirements for a decree for the requested Rising Sun Ditch, Alpine Enlargement and Morning Star Well water rights, including C.R.S. §§ 37-92-302 and 37-92-305. Case No. 97CW152 Applicant: Alpine Garden Center, Inc. Findings of Fact, Conclusions of Lav, Judgment and Decree Page 6 5. 'Applicant has fulfilled all legal requirements for a decree for the requested plan for augmentation, including C.R.S. §§ 37-92-302 and 37-92-305. 6. The Court hereby concludes the Applicant has established that water can and will be diverted under the conditional domestic, commercial and irrigation water rights in and to the Morning Star Well, and will be beneficially used, and that this water supply project can and will be completed with diligence and within a reasonable time. 7. If operated in accordance with the terms and conditions of this decree, the plan for augmentation described herein will prevent injury to senior vested or decreed conditional water rights by virtue of diversion and use of the Rising Sun Ditch, Alpine Enlargement and Morning Star Well. 8. The subject Second Amended Application is in accordance with Colorado law. Applicant has fulfilled all legal requirements for entry of a decree in this case. 111..J DGME ANP O CRIME 1. The foregoing findings of fact and conclusions of law are incorporated herein 2. The Court hereby awards a water right to the Morning Star well in the amount of 10 gpm, absolute, for domestic use; 5 gpm, conditional, for domestic use; and 15 gpni, conditional, for commercial and irrigation uses, including irrigation outside the irrigation season. Diversions at the well shall not exceed 15 gpm. 3. The Court hereby grants the absolute water right for Rising Sun Ditch, Alpine Enlargement described herein. 4. The Court hereby decrees and approves the plan for augmentation described herein. 5. In consideration of the specific findings and conclusions made herein, and in conformance with C.R.S. § 37-92-304(6) (1990), as amended, the plan for augmentation decreed herein shall be subject to reconsideration by the Water Judge on the question of injury to the vested water rights of others for a period of two years from the date of entry of this decree. If no petition for reconsideration is filed within said two years, retention of jurisdiction for this purpose shall automatically expire. Case No. 97CW152 Appiicart: Alpine Garden Center, Inc. Findings of Fact, Conclusions of Law, Judgment and Decree Page 7 k'.'YfiD 6. In conformance with Colo. Rev. Stat. § 37-92-305(8) (1990), the State Engineer shall curtail all of out -of -priority diversions, the depletions from which are not so replaced as to prevent injury. 7. Until the conditional Morning Star Well rights awarded herein are made absolute or otherwise disposed of, Applicant shall file an application for a finding of reasonable diligence in every sixth calendar year after the calendar year in which the conditional water rights are herein decreed or in which a finding of reasonable diligence has been decreed. Applicant is ordered to file its first application for a finding of reasonable diligence in the month of AUGUST in the year 2004 . 8. Pursuant to Rule 9 of the Uniform Local Rules for All State Water Court Divisions, upon the sale or other transfer of the conditional Morning Star Well rights, the transferee shall file with the Division 5 Water Court a notice of transfer which shall state: A. The title and case number of this Case No. 97CW 152 B. The description of the conditional water right transferred; C. The name of the transferor; D. The name and mailing address of the transferee; E. A copy of the recorded deed. The owner of the said conditional water right shall also notify the Clerk of the Division 5 Water Court of any change in mailing address. The Clerk shall place any notice of transfer or change of address in the case file of this Case No. 97CW152 and in the case file (if any) in which the Court first made a funding of reasonable diligence. The transfer of the conditional water rights is subject to the stipulation and agreement among the Applicant and Objectors Couey et. al., including paragraph 6 of the stipulation. [t is accordingly ordered that this judgment and decree shall be filed with the Water Clerk and shall become effective upon such filing, subject to judicial review pursuant to C.R.S. § 37-92- 304, as amended. It is further ordered that a copy of the judgment and decree shall be filed with the State Engineer and the Division Engineer for Water Division No. 5. Case No. 97C W 152 Aarli v�C Alp;ne Carder Canter, Inc. Fi cin: s of Fact, Conclusions of Law, Judgment ;,d Docree Done at the City of Glenwood Springs, Colorado, this 15 day of JULY , 1998. Copy of the forag‘Ing majled to tit Counsel of:et:cord-Li—Water, State Er.1 ineor----Deta i 5 / Irg . .0.11 7 pr.f.mi Cleft. Vigor Ckiv. Na. SATTERFIELD, PATRICK, • LEAMWORTH BY THE. E ) • . , -'- '••• obert C, Cutter, Water Referee Water Division No. 5 State of Colorado No protest was filed in this matter. The foregoing Ruling of the Referee is confirmed and approved, and is made the Judgment and Decree of this Court. Done this ...--04day of , 1998. BY THE COURT: Thomas W. Ossola, Water Ju go C:\ WP-D001.511.VATEM97197CW1521DicREE5.141 Copy of the forag,21ng mailed to ill Counaol of '1,` Water, . Ent neecz-e., a9d qtate pii.riarif- Data - 1/4 '0'711 1)6 PlWr c. , atLA•cA,) t) Ca -A No. 970W152 A :);-.){...c,int: Alpine 11-(k.n Center, nr_-. Fac.t, Conclusions of Law, Judgment and Decree Page 9 Water tlyer : Anelyda Date : ALPINE GARDENS NOV. 5, 1097 WATER REQUIREMENTS (acre feet) Tata; Demand (1) (2) (3) (4) (5) (a)' Oatnastie Commercial t ravel Crap Mdon9i kWiouee or Other Irrigation . Irrigation t.tiastock TOTAL Co,ctm t , Uwe (7) (0) (0) (10) (11) (12)' (13) Oon,rttle CumnlarcW L root Crop Source or In -hours or Other Irrigation Irrigation thaetotk TOTAL AWRapisgs • January 0.033 0.000 0000 0.046 0.000 0.083 0.000 0.000 Fob/tory 0.030 0.000 0.000 0.0413 0.000 0.060 0.006 0.000 March 0.033. 0.000 0.000 0.040 0.000 0.063 0.006 0.004 Apa 0.0 0.003 0.000 0.077 0,1300 0.127 0.006 0.001 May 0.033 0.004 0.030 0.161 0.000 0261 0.046 0.001 Jure 0.032 0004 0.036 0.210 0.000 0296 0.005 0.001 July 0.033 0.004 0.034 0.265 0.000 0.375 0.006 0.001 Aeipwt 0.033 0.004 0.023 0266 0.000 0.363 0.005 0.001 8ep4amber 0.032 0.004 0.020 0.210 0.000 0.270 0.005 0.001 October 0.033 0.04 0.000 0.181 0.000 0.230 0.006 0.001 Nowrrlbar 0.032 0.003 0.000 0.076 0.000 . 0.117 0.006 0.001 Disco bsr 0.033 0.000 0.000 0.040 0.000 0.083 0.005 0.040 0.000 0,000 0.000 0.006 0.024 0.028 0.026 0.010 0.016 0.007 0.000 0.000 TOTALS -r 0.302 0.030 0.161 1.1360 0.000 2.365 0.050 0.005 0 s (1) NUMBER OF RESIDENCES 1 person.lrsrklrros 4 s gn5dvalprecN4ey 80 (2) ConstosideVOlteer Dsrrasvd (if) 0.030 (3) (4) art. Ft of Levan b i➢at*d Lawn Applicalion Rats (.fisc) Acres of Crop Irrigated• Crop APPn Rabe (Kfec) 25!10 2,847 0.00 ** 0.000 • 0.037 0.037 0.037 0.002 0.145 0.108 0x6 0.226 toss 0.145 0.061 0037 0.000 0.000 0.000 0.000 0.000 0.000 0.050 0.000 0.003 0.000 0.000 0.000 0.044 0.043 0.044 0.070 0.163 0212 0.274 0.265 0.109 0.106 0.070 0.044 0.120 1.351 01300 1.622 - Bathroom facilities in 'greenhouse for operating period April 1st. through November 30th RUE RUE RUE RUE RUE RUE RUE RUE RUE RUE RUE RUE (3) r or LAsorlocic 11 gaia/doy (F) % CU for (0) % tin frig. Efficiency Oorntrop8on or Irtia Wise) (10) % Crap Int. Efficiency Connardion of 4sTiq. (*floc) (0-10) Elevation (Nat) ..(0) (12) Tatar !nclud a 5% Transit Lose Greenhouse irrigation at 500 gpd, November 1st through May 31st. Nursery stock with equivalent irrigated area of 0.5 acres. 0 15 00. 2.277 00 0.01 ,0 w EXHIBIT A Year ACCOUNTING FORM A ALPINE GARDENS - 97CW152 MONTH WELL DIVERSION (AF) WELL DEPLETIONS TOTAL 1N -HOUSE IRRIGATION IN-HOUSE IRRIGATION TOTAL USES (1) (2) (3) (4) (5) (6) JAN 0.033 FEB 0.030 MAR 0.033 1111111111 1=11111111. 0.035IIIII -. 0.037 0.038 0.037 RIP - AUG 0.037 SEP 0.036 OCT 0.037 NOV 0.035 MAY JUN JUL DEC 0.033 TOTAL 0.422 (1) Measured diversions at flow meter (Morning Star Well) (2) Assumed inhouse uses for single family home and commercial. (3) (1) - (2) (4) (2) X 0.15 (5) (3) X 0.80 (8) (4) + (5) EXHIBIT >; Year ACCOUNTING FARM B ALPINE GARDENS - 97CW152 MONTH DITCH DIVERSION (1) DITCH DEPLETIONS (2) DELAYED WELL DEPLETIONS (3) TOTAL DEPLETIONS (4) AUGMENTATION RELEASES. JAN FES MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL (1 ) Measured diversion at flow meter (Rising Sun Ditch - Alpine Enlargement). (2) (11 X 0.80 (3) Previous year total depletions (col. (8), Accounting Forrn A) divided equally into 12 months. (4) (2) + (3) (5) Ruedi Reservoir releases under WDWCD contract including 5% transit loss. Exhibit C Mine Plan Map IrtE I Ii 741 r — s F 1 •t7,rr,3`;�� 3¢i ¢eFi i1 :1 1 • xhiii Proof of Water Rights Ownership Dee • s I IIIV 11111 BIM IIIA 1111 iiii111111 111 1111 1111 1111 681781 69/07/2005 03:29P 81724 P431 M ALSDORP 1 of 2 R 11.00 D 0.00 GARFIELD COUNTY CO QUIT CLAIM DEED Grantors, Donald 3. Hangs. Individually, and as Trustee under the Donald J. Hangs Charitable Remainder Unitrust, dated May 9, 2002, as evidenced by that Affidavit of Trust and Statement of Authority dated July 1, 2003, as Reception No. 630794 in Hook 1488 at Page 2 of the Office of the Clerk and Recorder, Garfield County, Colorado, whose legal address is 6533 County Road 346, Silt, Colorado 81652, County of Garfield and State of Colorado, for the consideration of Ten Dollars (310.00), in hand paid, hereby sell and convey to Gypsum Ranch Co., LLC, a Colorado Limited liability company, whose legal address is 818 Colorado Avenue, Glenwood Springs, Colorado 81601, County of Garfield and State of Colorado, the following real property in the County of Garfield and State of Colorado, to wit: All water, water rights, ditch and ditch rights appurtenant to the real property described on Exhibit A attached hereto and incorporated herein by this reference, including but not necessarily limited to the following: all appurtenant water, water rights, ditch and ditch rights, including but not limited to 4.94 cubic feet of water per second of time of the waters adjudicated to the Rising Sun Ditch, including the original adjudication and the First Enlargement, adjudicated in 1988, and the Second Enlargement, adjudicated in 1965, which have priority numbers 16,24 and 226, respectively, with appropriation dates ofDecember5.1883,December 1,1886 and April 15, 1953, respectively. with all its appurtenances. Signed this Ltt"` day of '-'Q kers AV.( , 2005. STATE OF COLORADO ) } ss. COUNTY OF GARFIELD an: s, Individ ..Ily / Do ald an ,, rustee er the Iona 7; an Charitable Remainder Un st dated May 9, 2002 The foregoing instrument was acknowledged before me this Lei" day of gQtC\►t . ,1i" , 2005, by Donald J. Hangs, Individually, and as Trustee under the Donald 1'. Hangs Charitable Remainder Unitrust dated May 9, 2002, Witness my hand and official seal. My commission expires: *!A !ROOF STATE OF COLORADO NOTARY ^t BUG epartidl-Atxwaravawassontra 34,E r,nera nis3i0tt Expires 09l27r2005 J Notary Public RErunike To: Edward Mulhall, Jr. 319 Balcrtrab tiv Green, P.C. �/ 810 C �torado Avenue /9/t t :craw ' Springs„CO 81601 EXHIBIT A to Warranty Deed ■� Donald J. Hangs, Grantor C, Grantee Gypsum Ranch Co., LL L ■� PARCFJ. NC. 1 jam" ac i ISM t4 1'. ti. I!. 9 W. " 1'. ;REQ. Section 9: Lot 3, W'/1SW'h, and �� NW'/4NIS'ISW .; rw EXCEPT that part conveyed to the Colorado Department of Highways for Highway Interstate 70 in special N warranty deed recorded Jan. 31, 1974 in Hook 454 at Page 440, Clerk and Recorders Office, Garfield {� County, Colorado as corecc cd, namely: A tact (Aland Parcel No. 501 of the State 13epattmcnt of Qom Highways, Division of i Iighways, State of Colorado, Project No. 1 70.1(12) Sec. 5 containing 18.452 mei — CO acres, mica or Zeas, in the NW /,SW'/.,1..ot 3 and the NW'/.SL'/.SW'h of Section 9, T. 6 S., R. 92 aa� O W., 6" P.M., in Garfield County, Colorado, said tact or Parcel being more partictdariy described as a -l-1 2 follows: vismos a ` • Beginning at a point on the west line of Scc. 9, from which the SW cornet a/ Sec. 9 bears S. rrol� Q 0°26'3Q" E , a distance o0 1,470.5 fact; 1, 'Thence N. 5600' R. a distance of 2,099.6 feet in the north line of the s��� NW'hNI;'/.SW'/4 of See, 9: iiVisi ,t`a p 2. Thence S. 89°16'30" W., along said north line, a distance of 427.8 feet to the SI( wait 0 eV corner of 1.ot 3; 3. ']'hence N. 0°30'30° W., along said Lot line, a digtanec of 198.2 feet; 4, 'Chcnce S. 75°18' W. a distance of 227.0 feet; 5. 'Thence S. 56°00' W. a distance of 1,322.0 fat to thc west line ofScc. 9; 6, Thence S.0°26.30" h., along said section line, a distance of 570.0 feet, marc Or 1c2s, to the point of beginning. PARCCLNo. 2 T. 6 5..11. 92 W. 6"' Section 9: Lot 4, SF,/SW'/4, S'/,N1 '/SW'/., and N fs'/.NW.':'/, SW'/ ; ExCEPT that part cnnvcycd to the Colorado Department of Highways for 1lighway Interstate 70 in special warranty decd recorded Feb. 6, 1974 in Bonk 455 ar Page 10, Clerk and liccrsrdcr's Office. Garfield County, Colorado, and EXCEPT that part conveyed to Bobby L. Bradley and Mary Lee Bradley in warranty deed recorded Nov. 28, 1990 in Book 560 at Page 957, Clerk and Recorder's Office, Garfield County, Colorado,. PARc(sr. No. 3 6 S R. i2 W._6°' P M. Section 9: The West 10 acres of the WAS'/SEA; AU that part of Lot 5 and that pan of NW'/SE'/4 lying Southerly of the Colorado River and Westerly of a line fence constructed and in place, which fence runs North and South through said J.or 5 and said NW'/SE'/., said line fence being more fully described as follows: Beginning at a point on thc South line of said NW'!SE'/4 whence the Witness Corner to the Southeast Corner of said Section 9 bears S. 51°C4' 1?.. a distance of 2144.3 feet: thence North along said ane fence parallel to the East line of said Section 9 to rhe Southerly bank of the Colorado ]fiver exhibit E Proof of Service District Court, Water Division 5, Colorado 109 8' Street, Suite 104 Glenwood Springs, CO 81601 Phone Number: (970) 945-5075 CONCERNING THE APPLICATION FOR WATER RIGH'T'S OF: GYPSUM RANCH CO. LLC, A COLORADO LIMITED LIABILITY COMPANY AND SILT SAND & GRAVEL LLC, A COLORADO LIMITED LIABILITY COMPANY IN GARFIELD COUNTY, COLORADO. ♦ COURT USE ONLY A. Attorneys for Applicants: Scott M. Balcomb, Atty. Reg. # 1376 Scott A. Grosscup, Atty. Reg. # 35871 BALCOMB & GREEN, P.C. Post Office Drawer 790 Glenwood Springs, CO 81602 Telephone: (970) 945-6546 Facsimile: (970) 945-8902 E mail: scott@balcornbgreen.com sgrosscup@balcombgreen.com CASE No. 06CW121 WATER DIVISION 5 CERTIFICATE OF SERVICE NOTICE OF APPLICATION FOR TEMPORARY SUBSTITUTE SUPPLY PLAN I certify that on July 13, 2006, a true and accurate copy of the foregoing was served on all parties -in -interest as follows: C. Cucarola Agrivest, Sterling, CO 80751 via: US Mail Scott M. Balcomb, Esq. Oalcomb Sr Green, P.C. Glenwood Springs, CO 81602-0790 via: US Mail C•,'►: Nc. 06Cbv•121 - 1 - ••;.N• Stanley W. Cazier, Esq. Cazier & McGowan Granby, CO 80446-0500 via: US Mail Richard A. Johnson, Esq. Johnson & Repucci, LLP Boulder, CO 80304 via: US Mail Veronica A. Sperling, Esq. Moses, Wittemyer, Harrison & Woodruff, P.C. Boulder, CO 80306-1440 via: US Mail Kari Newmyer Petros & White Denver, CO 80202 via: US Mail Ann M. Brady Rio Blanco Water Conservancy District Rangely, CO 81648 via: US Mail David N Sonnesyn The Sonnesyn Law Firm Longmont, CO 80501 via: US Mail Rachel Kullinan Aqua Engineering, Inc. Fort Collins, CO 80525 via: rkuliman aaquaengr.com Bernard F. Gehris, Esq. Burns, Figa & WilI, P.C. Englewood, CO 80111 via: bgehris(« bfw-law.com \O. f)11C,1.2 2 '�; William A. Paddock, Esq. Carlson, Hammond & Paddock, LLC Denver, CO 80203-4539 via: chp@chp-law.com Kyle Whitaker, P,E. Colorado Division of Water Resources GIenwood Springs, CO 81601 via: kyle.whitaker@Dstate.co.us David Graf Colorado Division of Wildlife - West Region Grand Junction, CO 81505 via: david.graf@state.co.us Bahman Hatarni Colorado Water Conservation Board Denver, CO 80203 via: bahman.hatami@state.co.us Michael L. Walker, Esq. Denver Water, Legal Division Denver, CO 80204 via: mike,walker@denverwater.org Harvey W. Curtis, Esq. Harvey W, Curtis & Associates Englewood, CO 80112 via: firm@curtis-law.com Thomas B. Kinney, Esq. Hill, Kinney & Wood, LLC Carbondale, CO 81623 via: tk(cr hkwlawfirm.com Peter D. Boddie HRS Water Consultants, Inc. Lakewood, CO 80215 via: pboddie;« hrswater.coin 0(C:Lv121 - 3- !' Si' John W. Savage, Esq. John W. Savage, P.C. Rifle, CO 81650 via: SavageJW@rof.net Alan Berryman Northern Colorado Water Conservancy District Berthoud,, CO 80513 via: aberryman@ncwcd.org Jon Altenhofen Northern Colorado Water Conservancy District Berthoud, CO 80513 via: jaltenhofen@ncwcd.org Pauline R. Wilber Trout, Raley, Montano, Witwer & Freeman, P.C. Denver, CO 80203-2141 via: pwilber@troutlaw.com Michael D. Shirnmin, Esq. Vranesh and Raisch, LLP Boulder, CO 80306-0871 via: mds@vrlaw.com White & Jankowski, LLP Denver, CO 80202 via: mail@white-jankowski.corn Jonathan M. Kelly, P.E. Wright Water Engineers, Inc. Glenwood Springs, CO 81602 via: jkelly@wrightwater.com Done: July 13, 2006 Legal Assistant NOt.£: 173s a.:currogl RniP r;l::cArorri::rhr. ,. , ori+�71 .;�n...0rt ne,,y i, ,.::is:i:: ror:, ,'pe rr a: r.r l;ri'O!LiNi Procedure 12i, S 1-26- CA`:t No. U' CW121 - 4 - Exhibit F Well Permit Application Form No. GWS -27 6/2006 COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 Sherman St., Rm 818, Denver, Colorado 80203 Phone: (303) 886-3581 For Office Use only REVIEW INSTRUCTIONS PRIOR TO COMPLETING FORM GRAVEL PIT WELL PERMIT APPLICATION 1. TYPE PERMIT SOF LJ NEW PIT(S) ❑ PIT(S) EXIST, CONSTRUCTED AFTER DEC. 31, 1980 2. APPLICANT INFORMATION • NAME(S) Mailing City, Phone G PSi1M RA41C1. CO LLC and SILT SAND AND GRAVEL LLC Address c/o Bal comb & Green, P.C., P.0. Drawer 790 St. Zip Glenwood Springs , CO 81602 ( 971! ) 945-6546 3. CONSULTANT/ATTORNEY/OPERATOR CONTACT (If different than #2) PIT NAME NAME(S) Mailing City, Phone SCOTT BALCOMB and SCOTT GROSSCUP Address Ea lcotnb & Green, P . C . , P .0. Drawer 790 DMG NO. St. Zip Glenwood Springs, CO 81602 ( ) 4. GENERAL LOCATION OF PIT(S): COUNTY GARFIELD E �- E. Ln , W. 6th P.M. 1/4 1/4, Sec. 9 Twp. 6 El N. 0 S., Range 92 - 5. Estimated maximum water surface to be exposed: 100 Acres. Number of Pits 5 . 6. Estimated depth of pit(s) 25 Ft. Estimated depth to groundwater 5 Ft. 7. Estimated date to expose groundwater October, 2006 ; to complete mining 2026 8. ATTACHMENTS_ (a) (b) (c) (d) (e) (f) (Check which have been attached.) LJ Scaled map of pit area with range, township, & section clearly identified ❑ Copy of the reclamation permit, if applicable. ❑❑ Copy of pre 1/15/89 water conservancy dist. or water user assoc. augmentation (REQUIRED). agreement, If applicable. if applicable. L_. Copy of proposed substitute water plan or augmentation plan application, ❑ Copy of court approved augmentation plan, if applicable. Case No. C Other 9. Detailed description of any use, other than evaporation, and method of diversion, rate of diversion, and annual amount of diversion of any water withdrawn from the pond. Please see the attached Application for Substitute taater Supply Plan 10. 1 (we) have read the statements made herein and know the contents thereof, and that they are true to my (our) i knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury ' in the second degree and is punishable as a c 1 misdemeanor.] Name/Title (Please type or print) j Sign ture Scott 13alcorsb, Manager I/ Date %Ill/4 For Office Use Court Case only No. Div. Co. WD Basin MD Use COLORADO DIVISION OF WATER RESOURCES GWS -27 INST (612006) DEPARTMENT OF NATURAL RESOURCES GRAVEL PIT WELL PERMIT APPLICATION - INSTRUCTIONS This applications is for use in applying for a well permit for a gravel pit that exposes groundwater to evaporation as required under the provision of 37-90-107(6) or 37-90-137(11), C.R.S. If this is not such a grave pit, use General Purpose Application Form GWS -45. A permit is not required if the pit was constructed prior to December 31, 1980 and has not been operated or reactivated after that data. FEES A $100 non-refundable filing fee is required. One application Is required for each DMG permit area. Checks should be payable to the COLORADO DIVISION OF WATER RESOURCES. A substitute supply plan or augmentation plan may be required for approval where groundwater was exposed after December 31, 1980. These plans are submitted separately and a filing fee of $1,593.00 is required. These plans may not be needed in areas where water is available and all other water rights are satisfied. Applications must be completed dearly, and legibly In BLACK INK or typed. ALL ITEMS in the application must be completed. Incomplete applications may be returned for more information. Do not change or alter the application in any way. Attach additional sheets if more space is needed. ITEM 1 TYPE OF PERMIT Check the appropriate box. ITEM 2 APPLICANT INFORMATION - This Is the applicant's name and the mailing address where all correspondence will be sent. Include the phone number. ITEM 3 CONSULTANT/ATTORNEY/OPERATOR CONTACT - If there Is someone different than the applicant to be contacted for additional information, then complete this item. Indicate the name of the gravel pit and the assigned DMG number (include any prior DMG/MLRD permit numbers that may be assoicated with this pit. ITEM 4 LOCATION OF WELL - The general location of the well (pit) must be indicated and include a quarter/quarter, Section, Township, Range and Principal Meridian. An outline of the pit(s) on a USGS 7 1/2 minute quadrangle map is desirable. ITEM 5 Indicate the maximum number of acres of groundwater to be exposed to the atmosphere and the total number of excavated areas (pits) covered within the DMG permit, ITEM 6 Indicate the estimated proposed or actual depth of the pit(s), and estimated depth to groundwater. ITEM 7 Indicate the estimated dates of beginning to expose groundwater and completing the mining, ITEM 8 ATTACHMENTS - The list of attachments to this application provides information which is necessary to the evaluation, A scaled map of the pit area tied to a section corner is required. ITEM 9 ITEM 10 USE - Complete this item if water is to be used for any purpose other than evaporation, those uses must be detailed. The information required includes but is not limited to the volume of gravel mined, the method of diversion of water from the pit, the pumping rate in gallon per minute, the average annual amount of water diverted or used in acre-feet, and the proposed use, SIGNATURE - An ORIGINAL signature must be on each application. The individual signing the application must be the applicant, or an officer of the company identified as the applicant. Clearly print the name, and title, of the person signing the application and include the date. The applicant's authorized agent may sign the application, if a fetter sinned by the applicant is submitted with the application authorizing them to act as agent for the purpose of obtaining a well permit. fF YOU HAVE ANY QUESTIONS regarding any iters an the application form, please call the Division of Water Resources Ground Water information Desk (303-866-3587), or the nearest Division of Water Resource Field Office located in Greeley (970-352-8712), Pueblo (719-542-3368), Alamosa (719-589-6683), Montrose (970-249-6622), Glenwood Springs (970-945- 5665), Steamboat Springs (970-879-0272), or Durango (970-247-1845). COLORADO DIVISION OF WATER RESOURCES, 1313 SHERMAN STREET, ROOM 82'. DENVER, CO 80203 PF4ONE 303-856-3587 tlnformation}, 303.866-35B1 (Main), 303.866-3447 (Weil & Water R gl P x)rc )3.865-1589 (Fax) *R1.5•R.r, 78 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed, 1:A COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sharman St., Denver, Colorado 80203 RECTA/a) PERMIT APPLICATION FORM ( 1 A PERMIT TO USE GROUND WATER 05-06-87 ( 1 A PERMIT TO CONSTRUCT A WELL 132472 FOR; ( 1 A PERMIT IO INSTALL A PUMP 132 5.0 ,.e1.vC.9 (X} REPLACEMENT FOR NO. 4/ /1•0T 5.00 f ( ) OTHER TTL 10.00 WATER COURT CASE NO, CHame io.uo FOR OFFICE USE ONLY; DOA _.,.......,......._______46._11---..-----. INTHIS COLUMN Ci --t.,7145407 7/1794110,10Receipt No, 7 �'r0;7 . AI MAY 06 1$Z7 (1) APPLICANT - mailing address NAME ',.0a/4 141A,- o'S STREET `JD CITY Vit Co IN ,0-c' TELEPHONE NO. Co {SUM g/65-. rZtp1 (2) LOCATION OF PR9POSED WELL County G�r�ie%� 4 4 of the S-14 Twp. _ S Rng, Q2 i N, SI Section 4) it P.M (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) %JJ Average annual amount of ground water )4..4 -- to be appropriated (acre•feet): Number of acres to he irrIgated• Proposed total depth (feet): te) Aquifer ground water is to be obtained from: GY aye/.s Owner's well designation GROUND WATER TO BE USED FOR; ( ) HOUSEHOLD USE ONLY- no irr igation (0) (A) DOMESTIC (11 Lx HamSe9 ( ) INDUSTRIAL (5} ( 1 LIVESTOCK (2) ( 1 IRRIGATION (61 ( 1 CQMM£RCIAL (41 ( 1 MUNICIPAL 48) ( /OTHER (9) DETAIL THE USE ON BACK IN (1 1) (d) DRILL.E1 Name :'%7e2 04 PP////,v c Stre8T _1' 25dX /0? a City a sal/ lel phone Na ?7- Jfq.7 Co n'-4 2 / 4 (5t .t (Yip1 Lie. No. _9 Basin — Dist. coNtorlQrJS OPJ PBQV L This well shall be used in such a way as to cause no material injury to existing water rights_ The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 1) APPROVED PURSUANT TO C.R.S. 37-9O-6021;3(cMFOR THE L ATI OUIBNPE. OF nrs EX STING WELL USSTEL AND .ABANDONED ACCORDING TO THE RULES AND REGULATIONS FOR WATER WELL AND PUMP INSTALLATION CONTRACTORS WITHIN NINETY (90) DAYS OF COMPLETION OF THE NEW WELL. THE ENCLOSED AFFIDAVIT FORM MUST RE COMPLETED AND SUBMITTED AFFIRMING THAT THE OLD WELT. WAS PLUGGED AND ABANDONED. 2) THE USE OF GROUND WATER FROM THIS WELL IS LIMITED TO FIRE PROTECTION ORDINARY HOUSEHOLD PURPOSES INSIDE 2 SINGLE FAMILY DWELLING(S� THE IRRIGATION OF NOT MORS THAN ONE ACRE OF HOME GARDENS AND LAWNS, AND THE WATERING OF LIVESTOCK ON A FARM OR RANCH. S4-7. APPLICATION APPROVED PERMIT NUMBER 148025 -) CATE ISSUED EXPIRATION CATE MAY 21 1!O MAY 1 1987 L3. ._ COUNTY �� (5) THE LOBATION OF THE PROPO&E. WELL end the eros on which the water wlIl be used must be redicated ort the diagram below. Use the CENTER SECTION tt section, 640 acres) for the well location. 4�----� 1 MILE, 52E0 FEET ----� NORTH SECTION LINE 4- I co W D rn to 411 -i 0 z r SOUTH SECTfON ONE The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. • WATER EQUIVALENTS TABLE (Rounded Fieuras) An acre'foot covers 1 acre pf land 1 foot deep 1 cubic loot per second Ices1 ... 449 gallons per minute Igpm) A family of 5 will require approximately ( acre-foot of water per veer. t acre-foot ... 43.560 cubic feet ... 325,900 gallons. 1,000 gym pumped continuously for one day produces 4.42 acre-feet. (s) THE WELL MUST BE LOCATED BELOW by distances from section lines. /00 ft from 5 a see line (north or "outfit 26151) ft from ' Se sec line Cast at wast) LOT_ BLOCK FILING • _... SUBDIVISION (7) TRACT ON WHICH WELL WILL RE LOCATED Owner•Pdwill 1 5%1C -S No, of acres Will this be the only well on this tract? 410 (8) PROPOSED CASJNQ PROGj3AM Plain Casing A in from d ft. to 7d ft in from _ ft to ft Perforated casing • in from 7° ft, to �a ft in from ft to `t (9) FOR REPLACEMENT WELLS givedistance and direction from old well and- plans for Piugging it; fid'Fof o/d Ase/7. 4 'ma w;// ba 4i%/e.' 44);'14 plrf (10) LAND QN WHICH GROUND WATER WILL BE USED.; Ownertsl • _PaAa/d 444-5 No. of acres: Legal description' 3E Of di yTtr sCe TGS - xr,2 e,! of • r1 %► (11) DETAILED Df SC) IPT1ON. of the use of ground water; Household use and domestic wells must Indicate type of disposal, system to be used. ic. w / Go24 4vf 51.62 AAA a7+sr pwe/ /A' S — (Pa�CSZic (12) Q ±j R WATEJI RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Description of land on which used (13) THE APPLICANTS) STATES) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. xstA.j r14! Sir • ruRE OF APPLla/NTfS/ We additional sheets of paper If more space is required. 7 Exhi Change of Ownership Application Form No. GWS -11 6/2006 STATE OF COLORADO OFFICE OF THE STATE ENGINEER 818 Centennial Bldg., 1 313 Sherman St., Denver, CO 80203 Phone — Info: (303) 866-3587 Main: (303) 866-3581 Fax: (303) 866-3589 http://www,water.state.co.us For Office Use Only y CHANGE IN OWNERSHIP/ADDRESS CORRECTION OF THE WELL LOCATION Review instructions on the reverse side prior to completing the form. Name, address and phone of theperson claiming ownership of the well: NAME(S): Mailing Address: City, St. Zip: Phone (970) GYPSUM RANCH CO LLC and SILT SAND AND GRAVEL LLC c/o Balcomb & Green, P.C, P. 0. Drawer 790 Glenwood Springs, CO 81602 945-6546 This form is filed by the named individual/entity claiming that the are the owner of the well permitted as referenced above. This filing is madepursuant to C.R.S. 37-90-143. WELT, LOCATION', Well Permit Number: 148i125 -A 't,.'L, Receipt Number:7540.79 County Garfield Owner's Well Designation (optional) 6533 County Road 346 • Silt CO 81852 SE114 of the Distance from (Address) (City) (State) (Zip) 6`h P.M. 1/4, Sec. 9, Twp. ■ N. or ® S., Range 92 ■ E. or ® W., Section Lines: 100 Ft. From 0 E, or ® W. Line, Ft. From 0 N. or >A 5., 2550 Subdivision Name Lot , Block - , Filing/Unit The above the following fisted owner(s) say(s) that he, she (they) reasons: in name of owner ® Change In mailing non-exempt wells permitted before the reverse side for further information own the well described herein. The existing record is being amended for for exempt wells permitted prior to May location. CI Change address ■ Correction of location 8; 1972 and Please see May 17, 1965, regarding correction of the well 1 (we) claim and say that I (we) (are) the owner(s) of the well described above, know the contents of the statements made herein, and state that they are true to my (our) knowledge. Signature(s) the w owner Please print the Signer's Name & Title i Date Scott Balcomb, Manager 7 /f 2-4,4 Gypsum. Ranch Co. It is the responsibility of the new owner of this well to complete and sign the form. Signatures of agents are acceptable if an original letter of agency signed by the owner is attached to the form upon its, receipt. State Engineer By Date I PAY BALCOMB & GREEN, P.C. P. 0. BOX 790 PH. 970-945-548 GLENWOOD SPRINGS, 00 81602 One Hundred Dollars TO THE ORDER OF r Colorado Division of Water Resources -1 ( Alpine Bank 91) ram Orgor AV& • P.O. Oft MA 4 b.. 007"4WITIOCTI.Uno t1.761 1141.441 CHECK NO. DATE AMOUNT 7/13/06 $100.00** TSSP/Well Permit Application - Silt Sand & Gravel / Hangs 4 2 8 8 0 82449/1021 7. PAY BALCOME3 & GREEN, .P.C. P. a BOX 790 PH. 970-945-0548 GLENWOOD SPRINGS, CO 81802 One Thousand Five Hundred Ninety Three Colorado Division of Water Resources (111 :200 try* ks, • P.0.111. ligal 82440/1021 4 11.0 cony ilia-WtildpInt 1,4Ia-Un to (UM 11444413 Alpine Bank 4 2 8 81 t! CHECKNO. DATE AMOUNT 7/13/06 $1,593** 11111147141 ..! TOTHE ORDERCf 1 FSSP Appl. Silt San -d- ."& Gravel / Hangs ;4f;*-,"1,' •'.7t7 w ,-'-''-,..71-4,,,,:•,,,,,-:01:TI-W9F '. f : .:.LPC.:..-_' Ch cks 1,593 SWSP Review 100 Well Permit Banks and Gesso, LLC APPENDIX C — Traffic Impact Study By Felsberg, Holt & Ullevig Grand River Park Project Silt Sand & Gravel LLC September 29, 2006 05021 GRAND RIVER PARK GRAVEL PIT TRAFFIC IMPACT STUDY Prepared for: Banks and Gesso, LLC 720 Kipling Street, Suite 117 Lakewood, CO 80215 Prepared by: Felsburg Holt & UIlevig 6300 South Syracuse Way, Suite 600 Centennial, CO 80111 3031721-1440 Project Manager: Jenny A. Young, PE Project Engineer: Ryan D. Germeroth, El FHU Reference No. 06-151 September 2006 Grand River Park Gravel Pit Traffic Impact Study TABLE OF CONTENTS Page I. INTRODUCTION-- 1 II. EXISTING CONDITIONS 4 A. Land Use 4 B. Roadway System 4 C. Traffic Volumes 4 D. Capacity Analysis 6 III. FUTURE TRAFFIC CONDITIONS 7 A. Background Traffic 7 B. Site -Generated Traffic 7 C. Traffic Impacts 14 D. Design Considerations 14 E. State Highway Access Permit Requirements 14 IV. SUMMARY AND RECOMMENDATIONS 15 APPENDIX A TRAFFIC COUNTS APPENDIX B EXISTING LEVELS OF SERVICE APPENDIX C SHORT TERM LEVELS OF SERVICE APPENDIX D LONG TERM LEVELS OF SERVICE FELSBURG (1111HOLT HOLT & ULLEVIG Grand River Park Gravel Pit Traffic Impact Study LIST OF FIGURES Page Figure 1. Vicinity Map 2 Figure 2. Site Plan 3 Figure 3. Existing Traffic Conditions 5 Figure 4. Year 2007 Background Traffic Conditions 8 Figure 5. Year 2030 Background Traffic Conditions 9 Figure 6. Site Generated Traffic 11 Figure 7. Year 2007 Total Traffic Conditions 12 Figure 8. Year 2030 Total Traffic Conditions 13 LIST OF TABLES Table 1. Average Annual and Daily Trip Generation 7 Table 2. Hourly Trip Distribution 10 eFELSBURG (4 HOLT 64. ULLEVIO Grand River Park Gravel Pit Traffic Impact Study I. INTRODUCTION The Grand River Park Gravel Pit, a sand and gravel mine located on 180 acres of land just south and west of the Town of Silt, is located to the west of County Road (CR) 311 on CR 346. The property would include parking for employees, a sand and gravel mining operation, processing plant, and aggregate storage area. An access to the site is proposed to be located on CR 346 to the west of CR 311, Figure 1 illustrates the location of the project and the adjacent roadway network and Figure 2 illustrates the site plan. This analysis documents peak hour traffic conditions, describes the existing roadway network, forecasts and distributes site -generated traffic volumes, and analyzes the effect of the site - generated traffic in combination with the background traffic growth for both Short Range Future and Long Range Future scenarios. The Short Range Future analysis assesses conditions when the plant reaches its projected full annual production in 2007; the Long Range Future analysis assesses conditions in 2030. ioFELSEiuRG (d HOLT & i ULLEVIG Page 1 FELSBURG (i HOLT & ULLEVIG VN North Colorado Rifer PROJECT SITE Figure 1 Vicinity Map Grand River Park TfA, 06.151, 9/20106 / +A ;LI' J!' VQ�yjJ• ,4 • 1. s - • 11 • ti '.l ' � j1 r�' ;i ' • '3 : 1 P,...•- S r 4 r _moi: Y y I •y ':Y _ �..L� . P .;,P -i..- !il:l Jl 14. I� i C.._ g iE: 1 , 2!d .}i ~ §.,E• • ' 1 w i1 3 a • _.__..._ • 1R.R,.L tr rl isttia i , Y Q �i"_-' .' %f .y - ,r� PY � •I ,�$ A � tl ' lite ' A 11. 2i �.. ./ ..-. a .. •. t�E p9 i a I; K1 0 Grand River ParkTIA, 06-151, 9!11/06 Grand River Park Gravel Pit Traffic Impact Study II. EXISTING CONDITIONS A. Land Use The area in and around the proposed mining operation is primarily vacant agricultural/ranch land. The Town of Silt is located northeast of the site across Interstate 70 and the Garfield County Airport is located directly west of the site on CR 346. B. Roadway System The following existing roads in the vicinity of the site would be affected by project traffic. • CR 346 (Airport Road) borders the site to the south and extends from CR 311 to Rifle. The posted speed limit is 35 miles per hour (mph), • CR 311 is to the east of the site and connects CR 346 with the 1-70 frontage road. The posted speed limit is 35 mph. • CR 315 (Mamm Creek Road) is to the west of the site and intersects with CR 346 just south of the 1-70 interchange. • Interstate 70 Frontage Road borders 1-70 in the vicinity of the site and connects to 9"' Street in the Town of Silt just south of the interstate. C. Traffic Volumes AM and PM peak hour turning movements were recorded in the vicinity of the site at the following intersections: • 1-70 Frontage Road/CR 311 • CR3111CR346 • CR3151CR346 In addition, daily traffic volume counts were conducted on the 1-70 Frontage Road and on CR 346. Currently, the 1-70 Frontage Road carries approximately 3,000 vehicles per day (vpd) and CR 346 carries approximately 600 vpd. The existing traffic volumes are shown on Figure 3 and the count data are provided in Appendix A. . FELSBURG (4 HOLT 5, ULLEVIG Page 4 •FELSBURG rEHOLT & ULLEVIG LEGEND XXX(XXX) AM(PM) Peak Hour Traffic Volumes XXXX = Daily Traffic Volumes x/x = AM/PM Peak Hour Unsignalized Intersection Level Of Service _et_ = Stop Sign 17://7 Not to Scale North SIL 13(22) t 6(2) —� 3(4) t_ 8(25) 3(11) 5(2) 1-70 Frontage Road �— 7(8) 6(20) a/b l 590 CR 346 3044 12(8)-4- 67(115)-1 JL b/a — l Figure 3 Existing Conditions Grand River Park TIA, 06-751. 9/12/06 Grand River Park Gravel Pit Traffic Impact Study D. Capacity Analysis Traffic operations were evaluated at the three count intersections using methods documented in the Highway Capacity Manual, Transportation Research Board (TRB), Third Edition, 2000 (HCM-2000). HCM-2000 defines traffic operations by a level of service (LOS), which is a qualitative measure based on the average delay per vehicle at a controlled intersection. LOS is described by a letter designation ranging from A to F, with LOS A representing very little delay and LOS F representing extreme delay. Unsignallzed intersection analyses report LOS ratings for each critical movement. For LOS analyses, a 5 percent heavy vehicle value was used in the calculations. This percentage represents the amount of the total traffic in the. vicinity of the site related to heavy vehicles and is based on data collected by the Colorado Department of Transportation (CDOT) on US 6 through the Town of Silt. As seen on Figure 3, the stop controlled approaches operate at LOS B or better during both peak hours. Analysis worksheets are included in Appendix B. 1111 FELSBURG (d HOLT & ULLEVIG Page 6 Grand River Park Gravel Pit Traffic Impact Study III. FUTURE TRAFFIC CONDITIONS Future traffic conditions consist of two components: background traffic (traffic growth that is anticipated as a result of population and employment increases in the region in the future) and site traffic (traffic associated with the proposed development). Future capacity analyses serve as a means to assess whether the existing and proposed infrastructure is adequate to accommodate both components of future traffic, and to determine locations where additional capacity is needed. This section discusses the procedures used to determine future traffic conditions in the first year of full plant production (2007) and in the long-range planning year (2030), and assesses level of service with and without the project in each year. A. Background Traffic Background traffic for 2007 and 2030 was determined by estimating the incremental increase in traffic that is anticipated due to regional growth. Other proposed developments in the area include Ferguson Crossing and Stillwater Ranch but site traffic from these developments was not included in the background traffic since their timing is unknown and so that the impacts related specifically to Grand River Park would be more apparent. The average CDOT 20 year growth factor for US 6 and 1-70 in the vicinity of the site is 1.47, which is a rate of approximately 2 percent per year. This rate was used to estimate the increase in traffic for both future scenarios. The 2007 and 2030 background traffic conditions are shown on Figures 4 and 5. B. Site -Generated Traffic Site generated traffic comprises only those trips originating or terminating at the proposed sand and gravel operation. The Institute of Transportation Engineers (ITE), Trip Generation Manual, Seventh Edition, 2003 does not contain trip generation rates for a gravel mine land use; therefore, trip generation was estimated based on operational information provided by the applicant, It is estimated that the site will have an annual production of 500,000 tons of sand and gravel. This production rate will likely occur approximately one year after initial start-up; thus full production is anticipated in 2007. Full production is expected to last only ten to fifteen years but the year 2030 was still used as the long range scenario to be conservative since this is the time frame generally considered in traffic studies. The plant will have six employees at full production and there will be approximately four service vehicles that visit the site daily. Table 1 summarizes the average annual vehicles and the average daily (vpd) number of sand and gravel delivery trucks, service vehicles, and employee trips from the site at full production. Table 1. Average Annual and Daily Trip Generation Trip Type Annual Average Daily (vpd) Sand and Gravel Delivery Trucks_ 24,695 174 Service Vehicles (4 per day) 1,168 8 Employees (6 total) 2,336 .16 Total 28,199 198 FELSBURG (I HOLT ULLEVIG Page 7 • FELSBURG C� HOLT & ULLEVIG LEGEND XXX(XXX) = AM(PM) Peak Hour Traffic Volumes XXXX = Daily Traffic Volumes x/x = AM/PM Peak Hour Unsignalized Intersection Level Of Service Stop Sign Not to Scale North 15(20)) 5(5) —• 5(5)-4 rr} t 10(25) �— 5(10) 5(5) 1-70 Frontage Road -r ala F Moo) ,y---- 5(20) `> ala a/b--+1 CO 600 CR 346 3105 10(10) , 70(10)-4 iMT Figure 4 Year 2007 Background Traffic Conditions Grand Aver Park TVA, 06-151, 9!12/06 piFELSBURG (d HOLT & ULLEVIG LEGEND XXX(XXX) - XXXX - x/x - AM(PM) Peak Hour Traffic Volumes Daily Traffic Volumes AM/PM Peak Hour Unsignalized Intersection Level Of Service Stop Sign r-- in in i1 U- N L t _ 15(40) ----- 10(15) 10(5) 7--a/a 1-70 Frontage Road 15(15) ,r--- 10(30) 600 4835 15(15)-0- 110(150)-1 5(15)---•110(150)-. �'�-- a/a o �. pp Zr- J L L.__ 85(45) --- 15(10) Not to Scale ,177.; North 25(30) 10(5) —4- 10(10)-4 CR 346 I I0(85)____t 10(10)----' Figure 5 Year 2030 Background Traffic Conditions Grand Hier Park TIA, 06-751, 9/12/06 Grand River Park Gravel Pit Trac Impact Study On a typical day, the site would generate approximately 198 vehicle trips. Table 2 shows the distribution of these trips throughout the day. The hourly distribution is based on conversations with the plant manager at a similar plant located west of the City of Longmont. Approximately 20 of the trips would occur during the AM peak hour of adjacent road traffic, and approximately 16 trips would occur during the PM peak hour. The AM and PM peak hour project trips assigned to each roadway are shown on Figure 6. It is anticipated that 50 percent of the traffic will go eastbound on 1-70 and the other 50 percent will go westbound on 1-70. Approximately half of the westbound traffic has been distributed west on CR 346 since this will be a more convenient route for truckers headed westbound. The distribution percentages were estimated based on traffic distribution patterns for delivery trips and employee trips identified by the owner. The site -generated traffic assignments were added to the background traffic volumes in each analysis year to produce the 2007 and 2030 total traffic shown on Figures 7 and 8, respectively. Table 2. Hourly Trip Distribution Hourly Distribution Sand/Gravel Service Vehicles Emp oyees Total In Out In_ Out In Out In Out Total 5:00-5:59 AM 0 0 0 6:00-6:59 AM 11% 5 9 4 9 r 9 18 7:00-7:59 AM 11% 7 9 1 1 2 10 10 20 8:00 - 8:59 AM 8% 9 7 9 7 16 9:00-9:59 AM 8% 9 7 1 10 7 17 10:00 - 10:59 AM 9% 7 8 1 7 9 16 11:00-11:59 AM 9% 7 8 2 7 10 17 _ 12:00 - 12:59 PM 8% 4 7 1 1 2 7 8 15 1:00-1:59 PM 9% 8 8 8 8 16 2:00 - 2:59 PM 8% 7 7 7 7 14 3:00 - 3:59 PM 9% 8 8 8 8 16 4:00 - 4:59 PM 8% 7 7 1 1 8 8 16 5:00 - 5:59 PM 2% 6 2 4 6 6 12 6:00 - 6:59 PM 3 2 3 2 5 7:00-7:59 PM,.0 0 0 Total 100% J 87 87 4 4 8 8 99 99 198 , 1111 FFLSBURG ( HOLT & l ULLEVIG Page 10 1111 FELSBURG (4 HOLT & ULLEV1G LEGEND XXX(XXX) = AM(PM) Peak Hour Traffic Volumes 1-70 Frontage Road XXXX = Daily Traffic Volumes 145 3(2) 48 48 1L —7(6) 145 j Vw Not to Scale North 3(2)--t CR 346 7(6)--t Figure 6 Site Generated Traffic Grand River Park TIA, 06-751, 9/12/06 pFELSBURG (4 H Q LT & ULLEVIG LEGEND XXx(XxX) = AM(PM) Peak Hour Traffic Volumes XXXX = Daily Traffic Volumes xix = AM/PM Peak Hour Unsignalized intersection Level Of Service = Stop Sign Not to Scale Norah Iron ��� t 15(30) jlLI.4_5(10) fir 5(5) 15(20)__ I I I 5(5) 5(5)-1 vim.„ kr1� tr1 tin 1-70 Frontage Road d 10(10) 5(20) a/b 3250 10(10) ---> 75(120) —4 5(5) -4--- 15(40) 735 a/a 55(30) 10(5) 5(5)� CR 346 75(60)? 20(30)-4. 5(S) a/a—} J Figure 7 Year 2007 Total Traffic Conditions Grand Mver Park TIA, 06-151, 9/13/06 . FELSBURG HOLT & ULLEVIG LEGEND XXX(XXX) = AM(PM) Peak Hour Traffic Volumes XXXX = Daily Traffic Volumes X/X = AM/PM Peak Hour Unsignalized Intersection Level Of Service Stop Sign tr)r- N t 20(45) <-10(15) 10(5) 1-70 Frontage Road 15(15) — 10(30) an) b/b --- l JL 4980 15(15)—o- }' I15(]85)� j .10 SP1 M IICC b/b -4- r �-- ala 5(5) — 25(60) 1080 as tin • kr) JL L 85(45) •-- 15(10) Not to Scale 10(5 l 0(5)---► 10(10)-1 ego North Grand River Park TPA, 06-151, 9/13/06 5(5)_t CR 346 115(90)_? 30(45)--- 10(10)—' - Figure 8 Year 2030 Total Traffic Conditions Grand River Park Gravel Pit Traffic Impact Study C. Traffic Impacts Using HCM-2000 methods, unsignalized level of service analyses were conducted based on the future total peak hour traffic volumes. The results of these analyses are summarized on Figures 7 and 8, and worksheets are included in Appendices C and D. For future scenarios, the stop controlled approaches within the study area operate at LOS B or better with existing lane geometry both with and without site traffic. D. Design Considerations The land use proposed for the site would result in a significant increase in side street truck traffic at the site access intersection with CR 346; 87 of the 99 outbound daily trips from the site would be sand and gravel trucks. These heavy vehicles require significantly longer time to accelerate to the posted speed limit, and therefore would require larger gaps in traffic to turn onto CR 346. This is particularly relevant for the sand and gravel trucks, which would be fully - loaded on the outbound trip. Even though CR 346 is not a state highway, the Colorado State Highway Access Code was used to determine acceleration and deceleration requirements for the access to the site. The classification category RB (Rural Highway) was used for this study. Due to the low peak hour volumes at the site access and the posted speed limit of 35 mph, acceleration lanes are not needed on CR 346. in addition, deceleration lanes are not required due to the low volumes but should be implemented so that trucks can safely exit CR 346. Based on the RB classification in the State Highway Access Code, both an eastbound !eft turn lane and a westbound right turn lane should be constructed with a declaration length of 310 feet, including a 120 -foot taper (10:1 ratio). A traffic impact study was completed in 1995 for the proposed Stillwater Ranch development. The proposed residential development is located east of the Grand River Park Gravel Pit site. The traffic study shows an access aligning with the intersection of CR 346 and CR 311 and recommends improvements at that intersection, including a separate eastbound left turn lane. Because the Grand River Park Gravel Pit traffic will impact this intersection, it is recommended that the gravel pit pay a proportionate share of the cost (based on number of trips generated) to construct this turn lane when it is constructed as part of the Stillwater Ranch development. E. State Highway Access Permit Requirements The current daily traffic along the f-70 Frontage Road west of CR 311 is approximately 3,000 vpd. The proposed site is estimated to generate 145 trips per day on the 1-70 Frontage Road, which equates to a five percent increase over the current level of traffic on 91h Street. Since this increase is less than 20%, the State Highway Access Code considers this a minor modification to the existing access permit on the Frontage Road. Thus, an access permit from the Colorado Department of Transportation is not required. FELSBURG C, HOLT do ULLEV1G Page 14 Grand River Park Gravel Pit Traffic Impact Study IV. SUMMARY AND RECOMMENDATIONS Grand River Gravel Pit is a sand and gravel mine located on CR 346 to the southwest of the Town of Silt. The property would include parking for employees, a sand and grave! mine, processing plant, and aggregate storage area. The site is projected to generate approximately 200 daily trips, with 20 of these trips during the AM peak and 16 of these trips during the PM peak. Based on the results of the traffic analysis, the existing, Short Range Future, and Long Range Future scenarios are projected to operate at acceptable LOS with the existing lane geometry and traffic control. In order for trucks to safely enter the site, the following roadway improvements are recommended. • Construct a 310 -foot deceleration lane for the eastbound left turns into the site from CR 346. • Construct a 310 -foot deceleration lane for the westbound right turns into the site from CR 346. Although not required to accommodate the gravel pit traffic, it is recommended that the Grand River Gravel Pit pay a proportionate share of the cost (based on trips generated) to construct an exclusive eastbound !eft turn lane at the CR 346/CR 311 intersection when it is constructed as part of the Stillwater Ranch development. A state highway access permit is not required because the proposed site is expected to increase the traffic along the 1-70 Frontage Road by only five percent, which is considered a minor modification to the existing access permit. FELSBURG I, HOLT l ULLEVIG Page 15 Grand River Park Gravel Pit Traffic Impact Study APPENDIX A TRAFFIC COUNTS pFELSBURG (4 HOLT S: ULLEV10 Appendix A All Traffic Data Services, inc 9660 W 44th Ave Wheat Ridge, CO 80033 www.alltrafficdata.net Groups Printed. Unshifted File Name : 316&346AM Site Code : 00000000 Start Date : 8/15/2006 Page No : 1 08:00 AM 08:15 AM 08:30 AM 08:45 AM Total Grand Total Apprch % Total 5 6 5 1 17 26 23.6 10.3 4 1 10 10 25 55 50 21.7 1 3 4 6 14 29 26.4 11.5 0 0 0 0 0 0 0 0 1 1 1 4 9 25 3.6 0 2 4 7 19.4 2.8 3 1 3 5 12 20 55.6 7.9 0 0 0 0 0 0 0 0 0 0 1 1 2 5 6.8 2 4 7 7 5 23 57 78.1 22.5 1 1 1 2 5 11 15.1 4.3 0 0 0 0 0 0 0 0 1 3 3 1 8 21 61.8 8.3 0 0 1 2 3 9 26.5 3.6 0 0 0 1 1 4 11.8 1.6 Out L 981 316 In Total f 2081 Right Thru Left Peds North 8/15/2006 07:00 AM 8/15/2006 06:45 AM Unshifted hi I r Left Thru Right Pods 5L 571 111 01 L 681 Out L 73] In 315 141] Tota! 0 0 0 0 0 0 0 0 21 24 36 37 118 253 316 Southbound 346 Westbound 1 316 Northbound 346 Eastbound Start Time Left Thru Right Peds Left Thru t Right Peds Left I Thru Right r Peds Left LThru Right L Peds Int. Total 07.00 AM 07:15 AM 07:30 AM 07:45 AM 3 2 1 3 5 10 9 6 5 2 3 5 0 0 0 0 1 1 2 1 1 3 1 1 0 2 1 2 0 0 0 0 1 12 1 5 1 14 0 3 2 0 1 0 1 0 2 0 3 2 3 3 4 1 3 0 0 0 1 0 1 0 1 0 38 31 39 27 Total 9 30 15 0 5 3 8 0 3 34 6 0 13 6 3 0 135 08:00 AM 08:15 AM 08:30 AM 08:45 AM Total Grand Total Apprch % Total 5 6 5 1 17 26 23.6 10.3 4 1 10 10 25 55 50 21.7 1 3 4 6 14 29 26.4 11.5 0 0 0 0 0 0 0 0 1 1 1 4 9 25 3.6 0 2 4 7 19.4 2.8 3 1 3 5 12 20 55.6 7.9 0 0 0 0 0 0 0 0 0 0 1 1 2 5 6.8 2 4 7 7 5 23 57 78.1 22.5 1 1 1 2 5 11 15.1 4.3 0 0 0 0 0 0 0 0 1 3 3 1 8 21 61.8 8.3 0 0 1 2 3 9 26.5 3.6 0 0 0 1 1 4 11.8 1.6 Out L 981 316 In Total f 2081 Right Thru Left Peds North 8/15/2006 07:00 AM 8/15/2006 06:45 AM Unshifted hi I r Left Thru Right Pods 5L 571 111 01 L 681 Out L 73] In 315 141] Tota! 0 0 0 0 0 0 0 0 21 24 36 37 118 253 All Traffic Data Services, Inc 9660 W 44th Ave Wheat Ridge, CO 80033 www. alltrafficdata.net Groups Printed. Unshifted File Name : 316&346PM Site Code : 00000000 Start Date : 8/15/2006 Page No : 1 05:00 PM 05:15 PM 05:30 PM 05:45 PM Total Grand Total Apprch % Total % 3 11 9 13 5 13 6 5 23 42 42 23.7 9.8 85 48 19.9 12 0 12 0 6 0 1 0 31 0 50 28.2 11.7 0 0 0 0 0 0 1 1 4 1 1 7 2 0 6 0 5 0 2 0 15 0 6 15 37 10.3 25.9 63.8 1.4 3.5 8.7 0 0 0 2 16 0 1 7 1 0 9 1 1 15 0 4 47 2 11 8.3 2.6 116 87.2 27.2 0 0 0 0 0 6 0 4.5 0 1.4 0 8 6 5 0 0 4 3 23 4 44 74.6 10.3 9 15.3 2.1 0 3 0 2 5 6 10.2 1.4 co A. Out 316 In Total Right Thru Left Peds North 8/15/2006 04:00 PM 8/15/2005 05:45 PM Unshifted ! 971 1 133j Out In 316 233j Total 0 3 -1 0 w 0 0 0 0 0 0 0 0 55 62 46 41 204 427 316 Southbound 346 Westbound 316 Northbound 346 Eastbound Start Time Left Thru Right Peds Left Thru Right Peds Left Thru Right Peds Left Thru Right Peds 0 0 0 0 Int. Totarl 42 55 56 70 04:00 PM 04:15 PM 04:30 PM 04:45 PM 2 5 5 7 8 15 8 12 5 4 3 7 0 0 0 0 2 1 1 1 2 0 2 4 2 3 10 7 0 0 0 0 1 2 1 3 12 16 19 22 0 1 1 2 0 0 0 0 6 7 4 4 2 1 2 0 0 0 0 1 Total 19 43 19 0 5 8 22 0 7 69 4 0 21 5 1 0 223 05:00 PM 05:15 PM 05:30 PM 05:45 PM Total Grand Total Apprch % Total % 3 11 9 13 5 13 6 5 23 42 42 23.7 9.8 85 48 19.9 12 0 12 0 6 0 1 0 31 0 50 28.2 11.7 0 0 0 0 0 0 1 1 4 1 1 7 2 0 6 0 5 0 2 0 15 0 6 15 37 10.3 25.9 63.8 1.4 3.5 8.7 0 0 0 2 16 0 1 7 1 0 9 1 1 15 0 4 47 2 11 8.3 2.6 116 87.2 27.2 0 0 0 0 0 6 0 4.5 0 1.4 0 8 6 5 0 0 4 3 23 4 44 74.6 10.3 9 15.3 2.1 0 3 0 2 5 6 10.2 1.4 co A. Out 316 In Total Right Thru Left Peds North 8/15/2006 04:00 PM 8/15/2005 05:45 PM Unshifted ! 971 1 133j Out In 316 233j Total 0 3 -1 0 w 0 0 0 0 0 0 0 0 55 62 46 41 204 427 All Traffic Data Services, Inc. Page 1 9660 W 44th Ave CR346 Wheat Ridge, CO 80033 www.alltrafcdata.net Site Code: 6 Start 15 -Aug -06 Time Tue EB WB 12:00 AM 2 01:00 0 02:00 3 03:00 0 04:00 1 05:00 12 06:00 ;.19 07:00 19 08:00 11 09:00 12 10:00 13 11:00 13 12:00 PM 9 01:00 18 02:00 22 03:00 19 04:00 20 05:00 ..28 06:00 28 07:00 17 08:00 13 09:00 6 10:00 6 11:00 2 • 0 0 1 1 2 12 22 25 17. 13 15 23 19 22 10 19 22 28': 15 12 11 3 4 1 Total 2 0 4 1 3 24 41 44 28 25 28 36 28 40 32 38 42 56 43 29 24 9 10 3 Total 293 297 Percent 49.7% 50.3% 590 AM Peak 06:00 07:00 Vol. 19 25 PM Peak 17:00 17:00 Vol. 28 28 Grand Total 293 297 Percent 49.7% 50.3% ADT Not Calculated 07:00 44 17:00 56 590 Grand River Park Gravel Pit Traffic Impact Study APPENDIX B EXISTING LEVELS OF SERVICE FELSGURG 1 HOLT & ULL€VIG Appendix B HCM Unsignalized Intersection Capacity Analysis 2: Frontage Road & County Road 311 Existing AM Peak —ow 1_ 4\ /4'. K011 ell - ` . .,ter E`l3f O Fl ; ? 1 `QNB .r 3 -L-7r7 .- Lane Configurations 'Fi 4 V' Sign Control Free :Free': Stop` Grade 0% 0% 0% Volume (veh/h) 12 67 6 7. 106,- 20 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 13 73 7 8. 115 • 22 Pedestrians LaneWidth (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) _ Median type: : None. Median storage veh) Upstream signal (ft) pX, platoon unblocked YC conflicting volume = 86 70 49 vC1, stage 1 cont vol vC2, stage:2 conf vol vCu, unblocked vol 86 70 49 tC, single (s} 4.1 , 6.4 6.2 tC, 2 stage (s) tF (s) 2.2 3.5. 3.3 p0 queue free % 100 88 98 cM capacity.(vehlh) .1492 923 1011 birec''t(ort; :ane . ` —7111" 1 T 9 ;:M Mr>rgpr Volume Total .. 86 14 137 Volume Left 0 7 115 Volirne Right 73 0 22 cSH 1700 1492 936 Volume to Capacity 0.05 0.00 0.15 Queue Length 95th (ft) 0 0 13 Control Delay (s) 0.0 3.4 9.5 Lane LOS A A Approach Delay (s) 0.0 3.4 9.5 Approach LOS A )ri tsee# on �urrimarji= 1 ' 4'{ . a: Average Delay 5.7 Intersection Capacity Utilization 19.5% ICU Level of Service Analysis Period (min) 15 9/19/2006 Synchro 6 Report K:\061 51 \Synchro\Existing\Exstng AM.sy7 Felsburg Holt & Ullevig HCM Unsignalized Intersection Capacity Analysis 4: County Road 346 & County Road 316 Existing AM Peak 1p ovement ,' in7,77 er7t0 ` E811 '1W -B - 70 ;`WA117 101: 5T61 •N R X8 -a- 8-6 SBR 4 Stop 0% 3 0.92 3 Lane Configurations Sign Control Grade Volume (veh/h) Peak Hour Factor Hourly flow rate (vph) Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol tC,_single (s) tC, 2 stage (s) tF (s) p0 queue free % cM capacity (veh/h) 13 0.92 14 4 Stop 0% 6 3 5 0.92 0.92 0.92 7;: 3:. 5 8 0.92 9 4+ Free 3_ 34 0.92 0.92 3 .- 37 None . None 117 110: 41 :.114 115 40 49 117 110 41 114 115 40 49 7.2 6.6 . 6.2 7.2 6.6 6.2 ` 4.1 3.5 4.0 3.3 3.5 98 99 100 99 836 768 1022 ' 843 Fre 1 7W-6 1 : 6181 'S6 1' .= 4.0 3.3 100 99 763 1023: 2.2 100 1539 6 0.92 7 9 0.92 10 43 .43 4.1 2.2 99 1546 4 Free 0% 30 '.15 0.92 0.92 33` 16 Volume Total Volume Left Volume Right cSH Volume to Capacity Queue Length 95th (ft) Control Delay (s) Lane LOS Approach`Delay (s) Approach LOS irti=rsechon . , umniaiy : 24 17 4.7 59 145 3 10 3 9 . > 7. 16 837 905 1539 1546 0.03 0.02 0.00: 0.01 2 1 0 0 9.4 9.1 0.5 1.3 A A A A 9.4' 9.1 0.5 1.3 A A Average Delay 3.3 Intersection Capacity Utilization 15.4% Analysis Period (rain) 15 ICU Level of Service 9/19/2006 Felsburg Holt & Ullevig Synchro 6 Report K:1061511SynchrolExistinglExisting AM.sy7 HCM Unsignalized Intersection Capacity 3: County Road 331 & County Road 311 itprremon : _ t ,_ , , :012 , r trB er-r `' Lane Configurations 4 Sign Control Stop Stop Grade 0% 0% Volume (veh/h) 54 .. 5 6 Peak Hour Factor 0.92 0.92 0.92 Hourly flow rate (vph) .. _ 59 5 7 Pedestrians Lane Width (ft) Walking Speed (ftls) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (ft) pX,_platoon unblocked vC conflicting volume 128 93 164. 0 0 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 128 93 164 0 0 tC; single (s) tC, 2 stage (s) tF (s) 3.5 4.0 4.0 3.3 2.2 p0 queue free %fl 93 99 99 97 97 CMcapacity (vehlh) 790 768 702- 1076 1604, Iirection,ane # mEB 1 ' WIT 1 SSB 1 °SB Analysis Existing PM Peak 29 0.92 32 Free 0% 43 65: 0.92 0.92 47 :- 71 7.2 6.6 6.6 6.2 4.1 Volume Total 64 38 47 Volume Left 59 0 47 Volume Right 0 ' . 32 . 0 cSH 788 986 1604 Volume to Capacity 0.08 0.04 0.03 Queue Length 95th (ft) 7 3 2 Control Delay (s) 10.0 8.8 7.3 Lane LDS A A A Approach Delay (s) 10.0 8.8 2.9 Approach LDS A A rife -Pie -461i SIJt11i718ry . Average Delay 6.0 Intersection Capacity Utilization 19.9% Analysis Period (min) 15 71 0 71 1700 0.04 0 0.0 ICU Level of Service A 9/19/2006 Felsburg Holt & Ullevig Synchro 6 Report K:1061511Synchro\ExistinglExisti ng PM.sy7 Grand River Park Gravel Pit Traffic Impact Study APPENDIX C SHORT TERM LEVELS OF SERVICE 11 FELSBU1G CI HOLT S; ULLEV1U Appendix C HCM Unsignalized Intersection Capacity Analysis 2: Frontage Road & County Road 311 2007 Background AM Peak -+ { ,— 4\ P W"efarS-7 f l i7 .18-0 -, W81:7 ►�1BT. 1ML7F IA 7 7 Lane Configurations 4 Sign Control Free Free Stop Grade 0% 0% 0% Volume (veh/h) 10 70 5 ; 10 110 20 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) . 11 , 76 5 11 120 22 Pedestrians Lane:Width`(ft) Walking Speed (ft/s) Percent Blockage . Right turn flare (veh) Median type None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 87 71 49 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol tC, single (s) tC, 2 stage (s) tF (s) p0 queue free % cM.capacity (veh/h) 87 71 49 4.1 6.4 6.2 2.2 3.5 3.3 100 87 98 1490 923. 1011 brrectoni=sne # �:I'B 't,WB 1--'"JfV6 1 Volume Total 87 16 141 Volume Left 0 5 120 Volume Right 76 0 22 cSH 1700 1490 935 Volume to Capacity 0.05 0.00 0.15 Queue Length 95th (ft) 0 0 13 Control Delay (s) 0.0 2.5 9.5 Lane LOS A A Approach Delay (s) 0.0 2.5 9.5 Approach LOS A Tnt" rsecfi Summan7 T �� `�'� 'M '. Average Delay 5.7 Intersection Capacity Utilization 18.9% ICU Level of Service Analysis Period (min) 15 A 9/19/2006 Synchro 6 Report K:1061511Synchro12007 Bckgrnd12007 Background AM.sy7 Felsburg Holt & Ullevig HCM Unsignalized Intersection Capacity Analysis 2007 Background 4: County Road 346 & County Road 316 AM Peak govern` ei�i 7"7788 g EalknNh1SL t�(�$T -78 BL ; NP7 IBR .. SBI tiff "r BR Lane Configurations 4+ 4+ Sign Control Stop Stop Grade 0% 0% Volume (vehlh) 15 5 5 5 5 ,.' 10. Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 16 5 5: - - 5 5 11 Pedestrians Lane Width (ft) Walking Speed (ftls) Percent Blockage' Right turn flare (veh) Median type None None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 128 117 41 122 _ :122' 41 49 43 vC1, stage 1 conf vol vC2, stage 2 conf vof vCu, unblocked vol 128 117 41 122 122 41 49 43 tC, single (s) 7.2 6.6 6.2 7.2 6.6 6.2 4.1 0.92 -Free 0% 35 0.92 38: 4+ Free 0% 5 10 .. 30 15 0.92 0_ .92 0.92 0.92 5 11 33 16 tC, 2 stage (s) tF (s) .. p0 queue free % GM capacity (vehlh) 3.5 4.0 3.3 3.5 4.0 3.3 2.2 98 99 99 99 99 99 100 818 760 ..1022 830 754 1022 1539 Direction.,Lane # c ' '" B 1 WB 1.. `NB 1 S� 1 4.1, 2.2 99 1546' �.t Volume Total . 27 22 49 60 Volume Left 16 5 5 11 Volume Right 5 11 ` 5 16 cSH 839 891 1539 1546 Volume to Capacity 0.03 0.02 0.00 0.01: Queue Length 95th (ft) 3 2 0 1 Control Delay (s) 9.4 9.1 0.8 1.4. Lane LOS A A A A Approach Delay (s) 9.4 9.1 0.8 1.4 Approach LOS A A Sri#e Wecta ti`Slrnmary Average Delay Intersection Capacity Utilization Analysis Period (min) 3.7 14.8% 15 ICU Level of Service 9/19/2006 Synchro 6 Report K;\061511Synchro12007 Bckgrnd12007 Background AM.sy7 Felsburg Holt & Ullevig HCM Unsignalized intersection Capacity Analysis 2007 Background PM Peak 3: County Road 331 & County Road 311 ovemien" Y7 F ` ° 1. ' B` WB'f -w811--7S6! . SBR Lane Configurations Sign Control Grade Volume (veh/h) Peak Hour Factor Hourly flow rate (vph) Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol tC, single (s) tC, 2 stage (s) tF (s)` ' p0 queue free % cM capacity (veh/h) 4 t Stop Stop Free 0% 0% 0% 55 5. 5. 30 45 0.92 0.92 0.92 0.92 0.92 60 5 5 33 49,.. None None 133 98 168 133 98 168 0 0 7.2 6.6 6.6 6.2 4.1,.. 3.5 4.0 92 99 783 763 4.0 3.3 ` 2.2 99 97 97 697 .1076 - 1604 65 0.92 71 `. Volume Total Volume Left Volume Right cSH Volume to Capacity Queue Length 95th (ft) Control Delay (s) Lane LOS Approach Delay (s). Approach LOS nterseci:ioi=i ,Sumr'ria('�/ Average Delay Intersection Capacity Utilization Analysis Period (min) 65 38 49 71 60 0 49 0 0 ,: . 33 0 71 781 999 1604 1700 0.08 0.04 - 0.03. 0.04 7 3 2 0 10.0 8.7 7.3 . 0.0. B A A 10.0 8.7 3.0 B A ,r 6.0 20.0% 15 ICU Level of Service 9/19/2006 Felsburg Holt & Ullevig Synchro 6 Report K:\061511Synchro12007 Bckgrnd12007 Background PM.sy7 HCM Unsignaiized Intersection Capacity Analysis 1: County Road 346 & Site Access 2007 Total AM Peak oiiement f ' "'=EB�`13� Nfi. `111713R 'SBL:= SBR Lane Configurations ' + ? ¥ Sign Control Free Free Stop Grade 0% 0% 0% Volume (veh/h) . 5 20 15 5 5 5 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 5 22 16 . 5 5 5 Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 22 49 16 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 22 49 16 tC, single (s) 4.1 6.4 6.2 tC, 2 stage (s) tF (s) 2.2 3.5 3.3 p0 queue free % 100 99 99 cMcapacity (vehlh) 1575 950 1054 b recfior ; ne tl E 1' `'El32:W13'1 . WB 2 ; - SB 1 =, r • Volume Total 5 22 16 5 11 Volume Left 5 0 0 0 5 Volume Right 0 0 0 5 5 cSH 1575 1700 1700 1700 999 Volume to Capacity 0.00 0.01 0.01 0.00 0.01 Queue Length 95th (ft) 0 0 0 0 1 Control Delay (s) 7.3 0.0 0.0 0.0 8.6 Lane LOS A A Approach Delay (s) 1.5 0.0 8.6 Approach LOS A Tnte s�'ec#ion`Suitimary �' -777.7 Average Delay 2.2 Intersection Capacity Utilization 14.2% ICU Level of Service A Analysis Period (min) 15 9/19/2006 Synchro 6 Report K:1061511Synchro12007 Tota112007 AM .sy7 Felsburg Holt & Ullevig HCM Unsignalized Intersection Capacity Analysis 3: County Road 331 & County Road 311 2007 Total AM Peak Lane Configurations 4 T4►j Sign Control Stop Stop Free Grade 0% 0% 0% Volume (veh/h) 75 5 10 55 35 35 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 82 5. 11 60 38 38 Pedestrians Lane Width'(ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None None. Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 141 76, 114 0 0 vC1, stage 1 confvol vC2, stage 2 conf vol vCu, unblocked vol 141 76 114 0 0 tC, single (s) 7.2 6.6 6.6 6.2 4.1 tC, 2 stage (s) tF (s) 3.5 4.0 4.0 3.3 2.2 p0 queue free % 89 99 99 94 98 cM capacity (veh/h) . , 754 789 ;_752. 1076 1604 rfligtr.dh7LPEFo7-77---, B717W.871, :7 Sf 1 SB 2 F: Volume Total , : 87 71 38 38 Volume Left 82 0 38 0 Volume Right 0 60 0 38 .. cS H 756 1009 1604 1700 Volume to Capacity - 0.12 0.07 0.02 0.02 Queue Length 95th (ft) 10 6 2 0 Control Delay (s) 10.4 8.8 7.3 0.0 Lane LOS B A A Approach Delay (s) 10,4 8:8 3.6 Approach LOS B A n ersect on Summary. Average Delay 7.7 Intersection Capacity Utilization 21.1% Analysis Period (min) 15 ICU Level of Service 9/19/2006 Synchro 6 Report K:\061511Synchro12007 Tota112007 AM.sy7 Felsburg Holt & Ullevig HCM Unsignalized Intersection Capacity Analysis 1: County Road 346 & Site Access 2007 Total PM Peak ,�[ovefn�n�''=r � • �'EB� ,' �:�6� V176t `>VII�R '`:4SBL ��SBR�': �• Lane Configurations 1 , + r y Sign Control Free Free Stop Grade 0% 0% 0% Volume (veh/h) 5 30 40 5 5 5 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 5 33 '" 43 5 .5 5 Pedestrians Lane'Width(ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 49 87 43 vC1, stage 1 cont vol vC2, stage 2 conf vol vCu, unblocked vol 49 87 43 tC, single (s) 4.1 6.4 6.2 tC, 2 stage (s) tF (s) 2.2 3.5 3.3 p0 queue free % 100 99 99 cM capacity. (veh/h) 1 539 904 .10.18 ireciion' t ane # Volume Total 5 33 43 5 11 Volume Left 5 0 0 0 5 Volume Right 0 0 . 0 5 5 cSH 1539 1700 1700 1700 957 Volume to Capacity 0.00 0.02 0.03 0.00 0.01 Queue Length 95th (ft) 0 0 0 0 1 Control Delay (s) 7.3 ' 0.0 0.0 0.0 8.8 Lane LOS A A Approach Delay (s) 1.0 0.0 8.8 Approach LOS A ritersec E SuiruYiary 4' Average Delay intersection Capacity Utilization Analysis Period (min) 1.4 14.2% 15 ICU Level of Service. A 9/19/2006 Synchro 6 Report K:1061511Synchro12007 Tota112007 PM.sy7 Felsburg Holt & Ullevig HCM Unsignafized Intersection Capacity Analysis 3: County Road 331 & County Road 311 2007 Total PM Peak avement `"- SBL � T TV1iBT R - 7gE31" Lane Configurations 4 Sign Control Stop Grade 0% Volume (vehlh) 60 5 Peak Hour Factor 0.92 0.92 Hourly flow rate (vph) 65 5 Pedestrians_ Lane:Wdth- (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 133 98 174 0 0 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 133 98 174 0 0 tC, single (s) 7.2 6.6 6.6 6.2 4.1 Stop Free 0% 0% 5 30 45 70 0.92 0.92 0,92 0.92 5 33 49' 76 tC, 2 stage (s) tF (s) p0 queue free % cM capacity (veh/h) 3.5 4.0 4.0 3.3 2.2 92 99 99 97 97 783; 763 692.. 1076 1604 Djreckionae #` , 831 . `IIITi31 ;513 f {SB 2 ..,T Volume Total 71 38 49 76 Volume Left 65 0 49 0 Volume Right 0 33' 0 76 cSH 781 997 1604 1700 Volume to. Capacity 0.09 0.04 0.03 0.04 Queue Length 95th (ft) 7 3 2 0 Control Delay (s) 10.1 8.8 7.3 0.0 Lane LOS B A A Approach Delay (s) 10.1 8.8 2.9 Approach LOS B A intersection Surnrnary - �' Average Delay 6.0 Intersection Capacity Utilization 20.3% ICU Level of Service Analysis Period (min) 15 9/19/2006 Synchro 6 Report K:1061511Synchro12007 Tota112007 PM.sy7 Felsburg Holt & Ullevig Grand River Park Gravel Pit Traffic Impact Study APPENDIX D LONG TERM LEVELS OF SERVICE FELSBURG r HOLT & ( ULLEVIG Appet:dbc D HCM Unsignalized Intersection Capacity Analysis 2: Frontage Road & County Road 311 2030 Background AM Peak --► i77EITTTEK Lane Configurations Sign Control Grade Volume (veh/h) Peak Hour Factor Hourly flow rate (vph) Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume vC1, stage 1 cant vol vC2, stage 2 conf vol vCu, unblocked vol tC, single (s) tC, 2 stage (s) tF. (s) p0 queue free % cM capacity (veh/h) Dlrection,`Lane #':' E$ 1 VI Free 0% 15 110 0.92 0.92 16 120 10 0.92 11 4 Free 0% 15 0.92 16. Stop 0% 170 0.92 185 None 30 0.92 33 136 114 . 76. 136 4.1 2.2 99 1430 114 76 6.4 6.2 3.5 3.3 79 97 868 977 Volume Total Volume Left Volume Right cSH Volume to Capacity Queue Length 95th (ft) 0 1 Control Delay (s) 0.0 3.0 Lane LOS A Approach Delay (s) 0.0 3.0 Approach LOS �nersectior%:� urrfiary Average Delay Intersection Capacity Utilization Analysis Period (min) 136 0 120 1700 0.08 27 11 0 1430 0.01 217 185 33 883 0.25 24 10.4. B 10.4 B 6.2 27.6% 15 ICU Level of Service A 9/19/2006 Felsburg Holt & Ullevig Synchro 6 Report K:\061511Synchro12030 Bckgrnd12030 Background AM.sy7 HCM Unsignaiized Intersection Capacity Analysis 2030 Background 4: County Road 346 & County Road 316 AM Peak brg.mefir+ . 7 , BLb ROT- .',:tb ` MOIL )N18T IVBR'_`T N1 L NBT1"1 3k. 514L 1y B4m8BI1 Stop `:Stop.' Free= Free 0% 0% 0% 0% - 25 10 10 10 10 '15 10 -55`; 10, 15 45 25 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 27 11 11 11 ' 11 16 .. 11 60 11 16 . 49 27 Lane Configurations Sign Control'.. Grade Volume (veh/h) Peak Hour Factor Hourly flow rate (vph) Pedestrians Lane Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 204 188 62 198 196 65 76 71 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 204 188 62 198 196 65 76 tC, single (s) 7.2 : 6.6 6.2 .7.2 6.6 6.2 4.1 4.1 tC, 2 stage (s) tF (s) 3.5 4.0 3.3 3.5 4.0 3.3 2.2 22 p0 queue free % 96 98 99 99 98 98 99 99 cM capacity (veh/h) 717. 689 994 727 682 990 1504 1511 71 Volume Total 49' 38 Volume Left 27 11 Volume Right 11 - 16 - cSH 757 803 Volume to Capacity 0.06:. 0.05 Queue Length 95th (ft) 5 4 Control Delay (s) 10..1 9.7 Lane LOS B A Approach Delay (s) 10,1 9.7. Approach LOS B A intersection SumTnary , .. 82 _92 11 16 11 27 1504 1511 0.01 ` 0.01 :. 1 1 1.0 1.4 A A 1.0 1.4 Average Delay intersection Capacity Utilization Analysis Period (min) 4.1 18.3% 15 ICU Level of Service 9/19/2006 Felsburg Holt & Ullevig Synchro 6 Report K:\061511Synchro12030 Bckgrnd12030 Background AM.sy7 HCM Unsignalized Intersection Capacity Analysis 3: County Road 331 & County Road 311 NOM) .-"177.777E8f77:50117.:W87:77WFM7I-7788MS.k77,77- 2030 Background PM Peak Lane Configurations 4 T Sign Control Stop. Stop Grade 0% 0% Voiume (veh/h).` 85 10 10 45 Peak Hour Factor 0.92 0.92 0.92 0.92 Hourly flow.rate (vph) 92 11 . 11 . 49 Pedestrians Lane Width`(ft) Walking Speed (ft/s) Percent Blockage. Right turn flare (veh) Median type None None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume= 207 152 261. 0 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 207 152 261 0 0 tC, single (s) <. 7.2 6.6 6.6 6.2 4.1 tC, 2 stage (s) tF (s): 3.5 4.0 4.0 3.3 2.2 p0 queue free % 86 98 98 95 95 cM capacity (veh/h) 676 699 608 .;1076 •1604 i ection arae B 1 VA' i7781§'''17 r Free 0% 70 100 0.92 0,92 76 109 Volurrie Total 103 60 76 109 Volume Left 92 0 76 0 Volume Right 0 49 0 ' 109 cSH 678 944 1604 1700 Volume to Capacity 0.15 0.06 0.05 0.06 Queue Length 95th (ft) 13 5 4 0 Control Delay (s) 11.3 9.1 7.4 0.0 Lane LOS B A A Approach Delay (s) 11.3 9.1 3.0 Approach LOS B A In ers ction Surrtmary77, Average Delay 6,5 Intersection Capacity Utilization 22.4% ICU Level of Service Analysis Period (min) 15 9/19/2006 Synchro 6 Report K:\061511Synchro12030 Bckgrnd\2030 Background PM.sy7 Felsburg Holt & Ullevig HCM Unsignalized Intersection Capacity Analysis 1: County Road 346 & Site Access 2030 Total AM Peak 6 TT 3,T71N -, $r ,7eti Lane Configurations + + ? ¥ Sign Control Free Free Stop • Grade 0% 0% 0% Volume (veh/h) 5 :: 30 25 5 5 5 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 5 33 . 27: 5 5 5 Pedestrians Lane Width (ft} Walking Speed (ftls) Percent Blockage Right turn flare (veh) Median type None Median storage veh) Upstream signal (ft) pX, platoon unblocked VC, conflicting volume 33 71 27 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 33 tC, single (s) 4.1 tC, 2 stage (s) tF (s) 2.2 p0 queue free % 100 cM:capacity (veh/h) 1560 71 27 6.4 6.2 3.5 . 3.3 99 99 923 ` 1040 r[ectror ; glie # 7E"8 B' ':,' •t3 1`` Volume Total 5 .33 27 5 11 Volume Left 5 0 0 0 5 Volume Right 0 0 0 5 5 cSH 1560 1700 1700 1700 978 Volume to Capacity 0.00 0.02 0.02 0.00 0.01 Queue Length 95th (ft) 0 0 0 0 1 Control Delay (s) 7.3 .0.0 0.0 0.0 8.7 Lane LOS A A Approach Delay (s) 1.0 0.0 8.7 Approach LOS A t3lrerS�C�IQ�ti�`S.U.ri1i71aC1f r.,, �.z Average Delay Intersection Capacity Utilization Analysis Period (min) 1.7 14.2% ICU Level of Service A 15 9/19/2006 Synchro 6 Report K:1061511Synchro12030 Tota112030 AM.sy7 Felsburg Holt & Ullevig HCM Unsignalized Intersection Capacity Analysis 3: County Road 331 & County Road 311 2030 Total AM Peak Goveent :: `'f3f3T V1lf.-SBL ssR3 . ; Lane Configurations 4 ti Sign Control Stop Stop Free Grade 0% 0% 0% Volume (veh/h) 115 10 15 85 ; 55 50 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 125 11 16- 92 ` ` 60. 54 Pedestrians Lane. Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream. signal (ft) pX, platoon unblocked vC,'conflicting volume 220 120 174. 0 0 vC1, stage 1 conf vol vC2,.stage 2 conf vol vCu, unblocked vol 220 120 174 0 0 tC, single (s)..::.;. 7.2 6.6 6.6 tC, 2 stage (s) tF (s) p0 queue free % GM capacity .(veh/h) 6.2 4.1 3.5 4.0 4.0 3.3 2.2 80 99 98 91 96 636 737 .687 .1 076 1604 ft5'"retionane# r"B 1 lllff31TT=S� 1 'SBS7.7 -Y� Volume Total Volume Left Volume Right cSH Volume to Capacity Queue Length 95th (ft) Control Delay (s) Lane LOS Approach Delay (s) Approach LOS 136 125 0 643 0.21 20 12.1 B 12.1 6 109 0 92 992 0.11 9 9.1 A 9.1 A 60 60 0 1604 0.04 3 7.3 A 3.8 ir�e'r�ecrtorr�'ummary` '�' ' Average Delay 8.6 Intersection Capacity Utilization 23.6% Analysis Period (min) 15 54 0 54 1700 0.03 0 0.0 ICU Level of Service A 9/19/2006 Synchro 6 Report K:1061511Synchro12030 Total\2030 AM.sy7 Felsburg Holt & Ullevig HCM Unsignaiized Intersection Capacity Analysis 1: County Road 346 & Site Access 2030 Total PM Peak -► --- k \* 4/ Mb\-- 61 nth r ''" ;3 B °F Ee-r--- BT -'§b11-1788IR Lane Configurations Sign Control Grade Voiurrte (veh/h) 5 Peak Hour Factor 0.92 Hourly flow rate:(vph) : 5 Pedestrians Lane Width.(ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) + + Free Free 0% 0% 45 - 60 5 0.92 0.92 0.92 49., 65 =5. r Stop 0% 5 .5 0.92 0.92 5 5 Median_type None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 71 125 vC1, stage 1 cont vol vC2, stage 2 conf vol vCu, unblocked vol 71 tC-, single (s) 4,1 tC, 2 stage (s) tF (s) 2.2 3.5 3.3 p0 queue free % 100 99 99 cM capacity (vehlh) 1511 860 990 iiblforkLa^Y7EI 1:_:,:E8 -2!--.7W13-177 - 7t8::177 Volume Total 5 49 65 5 11 Volume Left 5 0 0 0 5 Volume Right 0 0 0 5 5 cSH 1511 1700 1700 1700 920 Volume to Capacity 0.00 0.03 0.04 0.00 0.01 Queue Length 95th (ft) 0 0 0 0 1 Control Delay (s) 7.4 0.0 0.0 0.0 9.0 Lane LOS A A Approach Delay (s) 0.7 0.0 9.0 • Approach LOS A nfeiik for aiii nary Average Delay 1.0 Intersection Capacity Utilization 14.2% ICU Level of Service Analysis Period (min) 15 125 65 6.4 6.2 x 3[ 9/19/2006 Synchro 6 Report K:\061511Synchro12030 Tota112030 PM.sy7 Felsburg Holt & Ullevig HCM Unsignalized Intersection Capacity Analysis 3: County Road 331 & County Road 311 2030 Total PM Peak J1overilent: - )fl Lane Configurations Sign Control. Grade Volume (vehlh) Peak Hour Factor Hourly flow rate (vph) Pedestrians .one Width (ft) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type Median storage veh) Upstream signal (ft): pX, platoon unblocked vC, conflicting volume vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol tC, single (s) tC, 2 stage (s) tF (s) p0 queue free % cM capacity (veh/h) 4 t ¶ r* Stop : Stop Free 0% 0% 0% 90 10 = 10 45 70 105 0.92 0.92 0.92 0.92 0.92 0.92 98 .1.1 `, 11 49 76 114. None None 207 152 266 207 152 266 0 0 7.2 6.6. 6.6 6.2 - 4.1 3.5 86 676 4.0 98 699 4.0 3.3 2.2 98 95 95 604. _:1076: 1604 17:w 1 -8B TI7s8 Volume Total Volume Left Volume Right cSH Volume to Capacity Queue Length 95th (ft) Control Delay (s) Lane LOS Approach Delay (s) Approach LOS 109 60 98 0 0. 49 678 942 0.16 0.06 14 5 11.3 9.1 8 A 11.3 9.1 B A 76 114 76 0 0 114 1604 1700 0.05 0.07 4 0 7.4 0.0 A 2.9 n exsection Summary ` .'4777777. - Average Delay Intersection Capacity Utilization Analysis Period (min) 6.5 22.7% 15 ICU Level of Service A 9/19/2006 Felsburg Holt & Ullevig Synchro 6 Report K:\061511Synchro12030 Total12030 PM.sy7 Banks and Gesso, LLC APPENDIX D — Floodplain Study and Floodplain Development Permit Application Grand River Park Project 05021 Silt Sand & Gravel LLC September 29, 2006 GRAND RIVER PARK PROJECT FLOODPLAIN STUDY and DEVELOPMENT PERMIT APPLICATION Prepared for: Banks and Gesso, LLC 720 Kipling Street, Suite 117 Lakewood, Colorado 80215 USA Prepared by: Consulting Civil & Water Resources Engineering LLC Ramsay M. McDermid, P.E. 9420 West Tennessee Avenue Lakewood, Colorado 80226 September 29, 2006 TABLE OF CONTENTS 1.0 INTRODUCTION 2.0 BACKGROUND 3.0 OBJECTIVE 4.0 DATA ANALYSIS 5.0 EXISTING CONDITIONS 6.0 STUDY METHODOLOGY 7.0 RESULTS 8.0 CONCLUSIONS 9.0 REFERENCES FIGURES (Bound at End of Report) Figure 1 Location Map Figure 2 Site Map APPENDIX HYDRAULIC CALCULATIONS Gnnd River Perk Floodp.in Rpt 9.24-06 Grand River Park Project Floodplain Study and Development Permit Application 1.0 INTRODUCTION Silt Sand & Gravel LLC plans to conduct a sand and gravel mining operation on property located in Garfield County Colorado, west of the town of Silt to the southwest of the intersection of interstate 70 and the Colorado River. The project is titled the Grand River Park Project. The location of the property is shown on Figure 1, Location Map. The property is located partially within the 100 -year floodplain of the Colorado River, as shown on the Flood Insurance Rate Map Revised August 2, 2006. Garfield County regulations (Land Use Code Section 6.00 — Floodplain Regulations Revised 7/31/2006 Resolution #2006-79) require that a Floodplain Study and Development Permit Application be prepared for the property. This report describes the floodplain study, including existing conditions, an analysis of any potential impact the project could have and an analysis of the Floodplain Development Permit cruteria. 2.0 BACKGROUND The proposed Grand River Park Project is located in Garfield County Colorado in part of Section 9, Township 6S, Range 92W of the 6th Base and Meridian. The Colorado River flows adjacent to the northeast property line. The Interstate 70 right-of-way is the northerly property boundary. The Colorado River flows in a westerly direction and turns to the northwest near the northeast property boundary. An existing levee near the east and northeast property lines serves to protect the property by directing Colorado River floodway flows to the channel beneath the Interstate 70 bridge. The earthen levee is approximately 20 feet wide at the top and appears to be constructed of alluvial boulders, cobbles, sand and gravel, and silt from the Colorado River floodplain. The levee is high enough to contain the majority of high-flow events in the river. The 100 -year recurrence interval flood flow is about 41,800 cfs. The levee prevents flows less than about 39,300 cfs from entering the property. Flows above 39,300 cfs will enter the property through a low-lying area south of the end of the levee. At the peak 100 -year flood flow, approximately 2,500 cfs will flow through the overflow area. The location of the property, levee, and Colorado River are shown on Figure 2, Site Map. 3.0 OBJECTIVE The objective of this report was to provide a Floodplain Study and Development Permit Application for the proposed Grand River Park Project located in Garfield County, Colorado immediately west of the Town of Silt. The study was to be prepared in accordance with the Garfield County Floodplain Regulation: Land Use Code Section 6.00 - Floodplain Regulations (Revised 7/31/2006 Resolution #2006-79). In particular, this study addresses Section 6.04, Determination of Floodplains, Section 6.05, Delineation of Districts, the potential for pit capture and the items listed in Section 6.08.03, Permit Procedures. G:1Projccts1004 Banks And Gesso0037 Silt Floodplain\Grand River Park Floodplain Rpt 9-29-06.doc 1 Grand River Park Project Floodplain Study and Development Permit Application 4.0 DATA ANALYSIS The existing data and mapping used in this study is described below: 4.1 Mine Plan - The mine plan is divided into five phases. Phase 1 A consists of 1.7 acres near the southeast property corner. This mined area is outside of the mapped 100 -year floodplain. Phase 1B comprises 22.4 acres located along the east and northeast property line. The planned edge of the pit is located 50 feet from the levee along the north -south property line and 200 feet from the levee along the northeasterly levee. The pit is located in an area inundated by the 100 - year floodplain. Should a 100 -year flood occur on the Colorado River, the south portion of this pit could experience inflow from the shallow edges of the flood fringe. Phase 2 is located near the southerly property boundary west of Phase 1 A. It contains 16.9 acres. The northerly pit boundary is located within the 100 -year floodplain. Phases 3A and 3B comprise 38.2 acres and 24.3 acres respectively. They are located within the mapped floodplain. The asphalt plant, the concrete batch plant and the processing plant will initially be sited on Phase 3A, then relocated to Phase 3B when excavation of Phase 3A begins. 4.2 FEMA Flood Insurance Rate Map (FIRM) — The current FIRM Number 0802051091C was revised August 2, 2006. The area of detailed study for which water surface elevations were determined and the floodway shown (Zone AE) extends to about 150 feet west of the property line. Downstream of this location, the map shows flooding limits of Zone A, the area subject to inundation from a 100 -year flood for which no base flood elevations have been determined. This area covers much of the project site. There are two small isolated areas shown as Zone X, subject to inundation during a 500 -year flood. The floodway depicted in the detailed study area is the main Colorado River channel bounded on the south by the levee described below. The floodway boundary terminates at the end of the detailed study area along the levee. 4.3 Garfield County Floodplain Maps — The Garfield County Floodplain Maps are titled Flood Plain Study, Garfield and Mesa Counties, Colorado, prepared by the US Army Corps of Engineers, dated July 1987. Map Numbers C-29, C-32 and C- 34 encompass the project site. The maps show floodplain limits and water surface elevations in areas upstream and downstream of the site as well as across the site. The water surface elevations in areas that overlap the FIRM appear to match those shown on the FIRM. 5.0 EXISTING CONDITIONS 5.1 Earthen Levee — The earthen levee extends from the Interstate 70 bridge for approximately 900 feet along the river bank then approximately 1100 feet east Grand River Park Floodplain Rpt 9-29-06 2 Grand River Park Project Floodplain Study and Development Permit Application and south across the floodplain. The levee terminates at a lateral approximately 300 feet north of the Last Chance Ditch. Based on the Garfield County mapping, levee elevations are 5407.5 feet at the south levee terminus; 5406.5 feet about 500 feet north; and 5405.5 feet about 1,000 feet north of the levee terminus. 5.2 Topography South of Levee Terminus --There is a broad shallow swale along the east property line south of the levee terminus. The swale low spot is about elevation 5402, and the swale width from elevation 5407.5 at the levee terminus is about 450 feet to the same elevation on the south. The swale provides an overflow area leading to the site when flows in the Colorado River reach elevation 5402 or above. 5.3 100 -year Flood Overflow — Based on the FEMA Floodplain Maps. The 100 - year water surface at the southerly end of the flood fringe where the overflow swale is located is about 5405. Peak flow through the swale during a 100- year flood would be about 2,500 cfs. 6.0 STUDY METHODOLOGY The flow rate for the 100 -year flood and other floods in the Colorado River and the overflow area were taken from the FEMA Flood Insurance Study (FIS) revised August 2, 2006. Estimated Colorado River flows downstream of the confluence of Divide Creek are shown in the following table. The Divide Creek confluence is located east of the Town of Silt and flows at that location would be representative of flows at the site. Colorado River Flows Downstream of the Confluence of Divide Creek Recurrence Interval Flow (cfs) 10 -year 28,300 50 -year 37,700 100 -year 41,800 500 -year 51,300 Hydraulic conditions in the river and the overflow area were modeled using the U.S. Army Corps of Engineers Hydraulic Engineering Center River Analysis System Model (HEC -RAS). The model is commonly used by FEMA and most other agencies to model hydraulic conditions in natural channels. Based on the input data of channel geometry, channel boundary conditions and flow rates, the model computes flow depth and velocity, as well as other hydraulic parameters. The model was set up to model flows in the Colorado River and calibrated to water surface elevations shown on the FEMA map. A model was also set up to model flows through the overflow area in which the proposed mining operation is to be located. The model was calibrated to the water surface elevations shown on the Garfield County Floodplain Maps. The cross sections were then modified to include the mining facilities and the model re -run to illustrate the potential impact on water surface elevations. Grand River Park Floodplain Rpt 9-29-06 7.0 RESULTS Grand River Park Project Floodplain Study and Development Permit Application • Colorado River - The water surface elevations shown on the model runs are very close to those shown on the FIRM. The majority of the 100 -year peak discharge of 41,800 cfs is conveyed within the main channel and adjacent floodplain of the river. Approximately 2,500 cfs will enter the overflow section during the peak flow of a 100 -year flood. • Overflow Section - The water surface elevations on the site resulting from the overflow flooding are close to those depicted on the Garfield County Floodplain maps. Inclusion of the below grade open pits and the small -footprint mining equipment and the aggregate facilities does not materially affect the water surface elevations. At the west end of the property, the water surface elevation is 5395. Water surface elevation 5394 is over 3,000 feet west, indicating very slow moving backwater conditions west of the property. • Pit Capture — Pit capture occurs when the barrier between an excavated pit and an adjacent stream is breached, allowing the majority, of stream flow to enter the pit. Breaches are generally caused by high velocity overflow eroding a channel through the barrier back to the main channel of the stream, or the barrier failing due to piping caused by excessive head differential. The stream flow distance between the edge of the Phase 3 pit and the Colorado River main channel is approximately 1,700 feet. Before a channel could be eroded this distance, the Phase 3 Pit would be full of water and the eroded sediment would have filled the south part of the pit, thus creating a flat channel and water surface slope. The reduced velocities would not support further erosion. In addition, the channel would be self armoring. The alluvial material has a large percentage of cobbles and boulders as shown in the levee photos. Higher velocity flows would transport the finer grain size material, leaving an armor layer of cobbles and boulders. The armor layer would prevent further erosion. When high water surface elevations in the river are imminent, the operator plans to cease operations and allow the pits to fill. The water surface in the pits will not be significantly lower than the river water surface; the head differential will not be sufficient to cause piping. • Floodway — As shown on Figure 2, the floodway is located in and adjacent to the main channel of the Colorado River. The edge of the floodway is located along the levee approximately 600 feet north of the south levee terminus. At this location, the FIRM water surface elevation is about 5404.5 and the levee elevation is 5406.5. No impact from the mining operations is possible unless the mining operations create backwater conditions sufficient to raise thThe levee separates the floodway from the site; there is no impact from the mining operations. Grand Rivcr Park Floodplain Rpt 9-29-06 Grand River Park Project Floodplain Study and Development Permit Application 8.0 CONCLUSIONS Floodplain Study • There is an existing earthen levee approximately 2,100 feet long and three to 20 feet high protecting the property from Colorado River flows. The north end of the levee begins at the Interstate 70 fill and continues to the east and south. South of the south levee terminus, there is a swale in the natural ground at a slightly lower elevation, which therefore provides an overflow route for high flows. Colorado River flows are directed to the Interstate 70 bridge opening by the levee, and only during very high flow conditions will the water surface be high enough to cause flow through the overflow section. • Under existing conditions, during a 100 -year flood in the Colorado River, approximately 2,500 cfs could enter the property through the swale south of the existing levee terminus and flow to the west across part of the property. • Under Phase 1B, a 22.4 -acre, 25 -foot deep pit will be created near the east property line under Phase 1B of the proposed mine plan. During a 100 -year flood event, approximately 2,500 cfs could enter the pit on the east side through the overflow area. The pit will be full or partially full from groundwater inflow, and the flood flows will quickly return water surface elevations to pre -mining conditions. Water surface elevations will be the same or less than before the pit was excavated. Subsequent phases will also have little impact. • The main channel of the Colorado River including the floodway is separated from the property by the levee. The only possible hydraulic impact on Colorado River water surface elevations would be from large above grade structures on the property causing sufficient backwater conditions to raise the water surface in the main channel upstream of the levee. The pits are below grade and will cause no change in the existing floodplain water surface elevations. The processing plant comprising a concrete batch plant, an asphalt plant and stockpiles will be above grade. At the location of these facilities approximately 1,500 feet downstream of the overflow section, the floodplain is about 1,700 feet wide. There will be no discernable effect on the 100 -year flood water surface elevation. • The property is hydraulically isolated from the floodway by the levee. Mining activities on the property will have no effect on the floodway. • Pit capture is highly unlikely because of the distance of the pit from the main Colorado River channel and the self -armoring nature of the alluvial materials. Development Permit Procedures 6.08.02 Permit Procedures (1) This application for a Development Permit includes a map drawn to scale showing the locations of the proposed mining operations in the area of special flood hazard. The information required by 6.08.02 is listed below: Grand River Park Floodplain Rpt 9-29-06 5 Grand River Park Project Floodplain Study and Development Permit Application a. The mining operation facilities consisting of an asphalt plant, a concrete batch plant and aggregate processing and storage facilities will be,Iocated on grade during the mining operation. b. No floodproofing is required for these facilities. c. See b. above. d. The facilities will be located in a natural high flow overflow area that is not hydraulically connected to the watercourse. The alteration is the excavation of several open pits for the extraction of sand and gravel. The pits will fill form the overflow during high flow events; however the water surface elevations will not change significantly from those before the mining and the direction of the drainage will be unaltered. e. N/A (2) Permit approval factors: a. The high recurrence interval flood conditions are unchanged and should there be any erosion, the eroded materials would be contained in the pits. There is no danger to life or property. b. The proposed facility comprises open pits and an on grade asphalt plant, concrete batch plant and aggregate processing and storage facilities. FIooding in the equipment areas will be shallow and occur quite infrequently. The Colorado River is not prone to flash floods and the operator will have time to relocate the equipment if desired as the water surface in the river rises. c. Ther is no material available to be swept onto other lands in the low velocity overflow channel. d. No incompatible development exists or is planned. e. In times of flood their will be no ongoing operations and no personnel. There will be no necessity for access. f. There are no planned public facilities and no requirements for governmental services. g. The site is located in a shallow overflow Colorado River floodplain and is susceptible to shallow low velocity overland flooding only during high recurrence interval flood events. The rate of rise for floodwaters is slow as the Colorado River rises slowly in response to snowmelt. The low velocities will not cause sediment erosion or transport, and wave action will be minimal and have no impact. h. N/A i. There are no available alternative locations. j. N/A Grand River Park Floodplain Rpt 9-29-06 6 Grand River Park Project Floodplain Study and Development Permit Application 9.0 REFERENCES Banks and Gesso, LLC, August 23, 2006. Exhibit C-1: Pre -Mining Plan Map, Grand River Park Project DMG 112 Permit Application, Garfield County, Colorado. Banks and Gesso, LLC, August 24, 2006. Revised Exhibit C-2: Mining Plan Map, Grand River Park Project DMG 112 Permit Application, Garfield County, Colorado. Banks and Gesso, LLC, August 25, 2006. Revised Exhibit F; Reclamation Plan Map, Grand River Park Project DMG 112 Permit Application, Garfield County, Colorado. Colorado Department of Transportation, November 18, 1976, Revised Drawing of Plan and Profile of Federal Aid Project No. 1 70-1 (42) 96 State Highway No. 70, Garfield County. Department of the Army Sacramento District, Corps of Engineers, December 1992. Colorado River and Tributaries Flood Plain Study for Garfield and Mesa Counties, Colorado. Federal Emergency Management Agency, Revised August 2, 2006, Flood Insurance Study Number 080205V001 A, Garfield County, Colorado Unincorporated Areas, Volume 1 of 2. Federal Emergency Management Agency, Map Revised August 2, 2006, National Flood Insurance Program, Map Number 0802051091C, Garfield County, Colorado (Unincorporated Areas), Panel 1091 of 1900. Garfield County, Colorado, 1987. Flood Plain Study, Garfield and Mesa Counties, Colorado, prepared by the US Army Corps of Engineers, dated July 1987. Map Numbers C-29, C-32 and C-34. Garfield County, Colorado, 2006. Land Use Code Section 6.00 — Floodplain Regulations (Revised 7/31/2006 Resolution #2006-79). U. S. Geological Survey, 1962. Silt Colorado 7 -1/2 -Minute Quadrangle Map, Photo revised 1987. U. S. Geological Survey, various dates. National Water Information System: Web Interface. Streamflow Records for USGS 09085100 - Colorado River Below Glenwood Springs, Colorado. Grand River Park Floodplain Rpt 9-29-46 7 Grand River Park Project Floodplain Study and Development Permit Application FIGURES Figure 1 — Location Map Figure 2 — Site Map G;IProjects1004 Banks And Gesso1037 Silt Floodplain\Grand River Park Floodplain Rpt 9-29-O6.doc ! - • ,•• /7 '', . .1 ' 4 . . . ,•-• ' . i - ' . 1 .. ,,._.,.. . , , • - - • - • - _ • • • ' •• !•••:;..;:•-• SP. ,COA • __ • • • .„,,, • •• • -. 4 \.),T. • • ,7) SUP.7. 0 (WTI • ' • OtiNr1410:. •• \L, FIGURE 1: LOCATION MAP PREPARED BY: OWNER: PROJECT: CCWRE 9420 W. AMES SEE AYE. LAKEWOOD, CO 80226 (303) 903-6698 FOR BANKS AND GESSO, LLC SILT SAND AND C.RAVEL LLC 0304 HIG1-0/AY 133 CARBONDAL E ,C0 01623 (970) 963-2294 GRAND RIVER PROJECT FLOODPLAIN STUDY GAAFIELD MINTY COLOOADO JOG NO 001-037 DATE 9/29/06 SCALE l'.2000' DRAWN SY DE5161,ED BY APPROVAL REV DRF MM .54-1Eq, )!ll! art Notes: 1.31.-r M 1. Of 4.1111S'21,d4 i..OS '1305.1 L4 ° ..1 .1 1.R ;qM 3 11 1411.1 • as LI. 1151) 331st 3 331..5 («a 3314., ._ „b.3 4 .1) 141,3)5 -'[ 131°.111 z.,1 x 1 w.__ - Na1.10o ! .,111.140 ! 1. Mapping taken from Garfield County Floodplain Maps found on the Garfield County web site, titled U.S. Anny Corps of Engineers Flood Plain Study, Colorado River, Map Nos. C-28, C-29, C-31, C-32 and C-34. 2. Water surface elevations shown on the mapping match those shown on the adopted FEMA Flood Insurance Rate Map Revised August 2, 2006. SITAP 9rodoG !► Grand River Park Project Floodplain Study and Development Permit Application APPENDIX Hydraulic Calculations Colorado River Overflow Area G: Projects\004 Banks And Gcsso1037 Silt FloodplainlGrand River Park Floodplain Rpt 9-29-06.doc 5410 5408 5406 5404 ▪ 5402 • 5400 5398 5396 5394 0 Colorado River near Silt Pian: Plan 02 9/27/2006 FEMA Section B 4 ,1 5420 5415 5410 5405 CO al ill 5400 5395 5390 L 0 500 1000 1"500 Station (ft) Colorado River near Silt Plan: Plan 02 9/27/2006 .1 2000 .035 + — — .08 Legend EG PF 1 WS PF 1 2500 500 1000 1500 Station (ft) 2000 2500 Ground OP Bank Sta _Legend EG PF 1 WS PF 1 { 3000 Ground 15, Bank Sta 5410 5408 5406 5404 • 5402 • 5400 5398 5396 5394 5392 .05 Colorado River near Silt Plan: Plan 02 9/27/2006 FEMA Section A Edited .08- ---- — (/'/ 4 Cc a' 1200 5415 5410 E 5405 0 0 Tel • 5400 5395 5390 1400 1600 1800 2000 2200 2400 Station on Colorado River near Silt PIan: Plan 02 9/27/2006 --- .06 2600 2800 3000 0 200 400 600 Station (ft) 800 1000 Legend EG PF 1 WS PF 1 Ground Bank Sta 1200 Legend EG PF 1 WS PF 1 Ground Bank Sta 5415 r 5410 5405 • 0 5400 a) 0 5395 5390 5385 - 0 Colorado River near Sift Plan: Plan 02 9(27/2006 .035 5410 200 LegendT EG PF 1 WS PF 1 - « Ground w Bank Sta 600 800 1000 Station (ft) Colorado River near Silt Plan: Plan 02 9/27/2006 .035 5400 } LT, 5395- 53901 5385 100 r 200 300 Station (ft) 500 600 Legend EG PF 1 WS PF 1 Crit PF 1 Ground A Bank Sta Overflow Floodplain Plan: Plan 02 9/29/2006 End of Levee afr4e9..aep Overflow Floodplain Plan: Plan 02 200' Inside Property Legend EG PE 1 WS PE 1 Ground Ineff • Bank Sta // DaieRow z/3 5405 Overflow Floodplain Pian: Plan 02 9/29/2006 1200' Inside Property .1 -- .1 .1 54041 5400 0 500 1000 1500 Station (ft) Overflow Floodplain Plan; Plan 02 9/29/2006 2100' Inside Property a 1000 1500 Station (ft) Legend EG PF 1 WS PF 1 r Ground • Bank Sta 2500 Legend EG PF 1 WS PF 1 ■ Ground 1 Bank Sta 2000 2500 .091.Rwe, g/s Legend EGPF1 WS PF 1 Crit PF 1 i ' f f Ground Ineff • Bank Sta Overflow Floodplain Plan: Plan 02 At W Property Line Banks and Gesso, LLC APPENDIX E — Wildlife and Habitat Assessment Grand River Park Project 05021 Silt Sand & Gravel LLC September 29, 2006 Environmental Solutions Biological Assessment, Wetland Delineation and Mitigation, Fish and Wildlife Habitat Enhancement WILDLIFE AND HABITAT ASSESSMENT HANG'S RANCH PARCEL GARFIELD COUNTY, COLORADO PREPARED FOR: Silt Sand & Gravel, LLC 0304 Highway 133 Carbondale, CO 81623 August 2006 TABLE OF CONTENTS 1.0 Introduction 3 2.0 Proposed Action .. 3 3.0 Methods 3 4.0 Study Area Description 4 5.0 Significant Wildlife Use of the Property 5 6.0 Potential Effects of the Proposed Project 8 7.0 Literature Cited 1 0 8.0 Photographic Documentation of Existing Conditions 13 1 General Location Map 2 C-1 Pre -Mining Plan Map LIST OF FIGURES 2 1.0 Introduction This report presents an evaluation of existing wildlife use and wildlife habitat conditions on the Hang's Ranch parcel (the "Property") located southwest of Silt, Colorado along the Colorado River. The 163 -acre parcel is located in Section 9, Township 6 South, Range 92 West, in unincorporated Garfield County (Figure 1). The following analysis addresses significant wildlife uses currently occurring on the Property, and evaluates the condition and functional values of the various habitat types found on the site. The report further addresses potential short- and long-term effects of the proposed action on the identified wildlife resources, including specific evaluations for species of concern. 2.0 Proposed Action The project sponsor has proposed a surface extraction operation to mine sand and gravel resources on the property. Operations would be conducted in phases, with portions of the property being extracted sequentially. It is anticipated that all mining would be completed within a 10 -year period, with reclamation occurring on each segment of the parcel as mining operations conclude. It is anticipated that a number of mitigation measures would be implemented to create a variety of wildlife habitats upon completion of mining, and a detailed mitigation plan will be prepared as part of the permit approval process. Finally, the project sponsor has proposed that the Property be donated to the CDOW for use as a public State Wildlife Area once all mining and mitigation activities are completed. 3.0 Methods The wildlife assessment presented herein was based on the following: a) A review of the Colorado Natural Heritage Program (CNHP) database for Garfield County. b) A review of current Colorado Division of Wildlife (CDOW) Natural Diversity Information Source (NDIS) species distribution maps. c) A review of Natural Resource Conservation Service (NRCS) soils data. d) August 4, 8 and 9, 2006 field surveys of the Property. e) August 8, 2006 meeting with CDOW District Wildlife Managers, Will Spence and Brian Gray. f) The author's extensive field experience with a variety of wildlife and habitat - related matters in this region. 3 4.0 Study Area Description Site Description The project area consists of approximately 163 acres of lowland -riparian habitats and agricultural lands along the Colorado River corridor. A significant portion of the Property is irrigated, and there are two major irrigation ditch systems serving other properties which flow through the parcel. The Property has historically been used as a ranch, with a number of fences, corrals, buildings and other farming implements and debris scattered throughout the parcel. There are also natural gas pipelines crossing the eastern and southern ends of the Property. It appears that no maintenance to any of the facilities has occurred for many years, and the fences specifically are in such a state of disrepair as to pose significant hazards to wildlife movement, particularly big game animals. Vegetation The Property consists of a significant amount of planted hayfields and pastures, mainly consisting of alfalfa (Medicago sativa), Orchardgrass (Dactylis glomerata), Timothy (Phleum pratense) and Smooth brome (Bromus inermis). Irrigation activities and other management inputs appear to have been inconsistent in recent years, and the pastures are in a clearly degraded state, as evidenced by their low productivity and plethora of weedy annual species. Upland areas are dominated by Basin wildrye (Elymus cinereus), Western wheatgrass (Agropyron smithii), Quackgrass (Elymus repens), Kentucky bluegrass (Poa pratensis), Alkali sacaton (Sporobolus airoides), Greasewood (Sarcobatus vermiculatus), sagebrush (Artemisia tridentata) and a variety of weedy species, including Kochia (Kochia scoparia), Whitetop (Cardaria draba), Canada thistle (Cirsium arvense), English plantain (Plantago major), Horseweed (Conyza canadensis) and Prickly lettuce (Lactuca serriola). The upland sites have an extensive infestation of Russian olive trees (Elaeagnus angustifolia), which are on the State noxious weed list and which are rampant throughout the lower Colorado River valley. This species of scrubby tree provides no wildlife value, and is a strong competitor with all of the native tree and shrub species in the valley. Wetland areas on the Property contain mainly grass -grasslike and forb vegetation, though some areas of shrub/scrub wetland areas are present, particularly adjacent to the river. A significant amount of the identified wetland areas are agriculturally -induced due to irrigation and seepage from the main lateral ditches on the Property. The dominant vegetation of the wetland areas consists of Creeping spikerush (Eleocharis macrostachya), Arctic rush (Juncus arcticus), Inland saltgrass (Distichlis spicata), Colorado rush (Juncus confusus), Hardstem bulrush (Scirpus acutus) and Broad-leaved cattail (Typha latifolia) with some minor occurrence of Wooly sedge (Carex lanuginosa), Beaked sedge (Carex utriculata), Nebraska sedge (Carex nebraskensis) and Small -wing sedge (Carex microptera). 4 Fremont cottonwoods (Populusfremontii) are notably scarce, even along the river, with only a handful of mid-sized trees present. Other segments of the river corridor, both above and below the Property, have extensive stands of cottonwoods, comprised of many age -classes. It is speculated that the history of extensive cattle grazing through the fall and winter months on the Property removed these highly -palatable species during early growth stages, preventing their establishment. There is a small contingent of Hawthorn (Crataegus erythropoda), Coyote willow (Salix exigua), Planeleaf willow (Salix planifolia), Wood's rose (Rosa woodsii) and Skunkbush sumac (Rhus trilobata) also scattered through the property, though the Russian olives are rapidly excluding these more desirable species. A list of plant species encountered on the property is provided in Table 1. Hydrology Since the Property is located along the Colorado River corridor, and part of it is within the 100 -year floodplain, it is not surprising to find extensive hydrology very near the ground surface in many locations. Monitoring wells were established at various locations and readings indicate groundwater levels range between 2 and 6 feet below the surface over much of the site, with an average of 5 feet. Some areas adjacent to the river are shallowly -inundated, at least during portions of the year. Despite the relatively shallow water table, much of the hydrology supporting existing wetlands stems from seepage in the two major ditches flowing through the Property, and from the extensive irrigation activities that occur on the Property. Soils Soils encountered on the site were comprised of Arvada, Kim and Wann loams as mapped by the NRCS. MI of these soils are alkali -affected to varying degrees, which accounts for the prevalence of Inland saltgrass, Alkali sacaton, greasewood and other adapted species. The soils ranged from fine silty loams to cobbly-sandy loams, which varied from well - drained to somewhat -poorly drained, depending on location. Most areas have a very shallow overburden of soils and extensive alluvial deposits of mixed aggregate material, which makes this site extremely attractive for sand and gravel extraction. 5.0 Significant Wildlife Use of the Property Records searches, interviews with local CDOW officers and the site visits revealed a number of wildlife species known to use the Property. Despite the generally degraded condition of most of the upland areas, a diverse array of species frequent the Property, including coyote, red fox, cottontail rabbit, and other small mammals. A variety of bird species utilize the area, at least seasonally, including a wide range of songbirds, waterfowl and raptor species. Further, several amphibian species and reptiles can be 5 found on the Property, and the wet areas host a tremendous variety of insects, which are the basis of the food chain for many of the species listed above. Time and space constraints dictate that this analysis will focus on those wildlife species that are of significant ecological, economic, regulatory or political importance. Other species or ecological elements assuredly occur on the Property, but are omitted in this discussion due to one or more of the following: 1) they will not be significantly impacted by the proposed action; 2) they are not specifically regulated by local, state or federal law or code; 3) their life cycle and/or habitat use criterion do not make them reasonable indicators of probable effects to other wildlife species. Five species were selected for analysis because of their regulatory status, sensitivity to human activities, known use of the study area, limited habitat resources in the region and/or their ability to serve as indicators of probable effects to a variety of other wildlife species. Each species is discussed, complete with known -use history, special habitat availability and likelihood of continued future habitat capability for the species. Mule Deer and Elk: These two species are grouped because they are both large ungulate grazers, important to social and economic functions of local communities. Further, both these species serve as "umbrella species," which means that if habitat requirements to meet the needs of these species are present, then we can safely assume that a great many other species will be adequately supported in the area as well (Caro & O'Doherty 1999, Lambeck 1997, Roberge & Angelstam 2004). Mule deer are known to utilize the site sporadically throughout the year. The Property is not considered to be a production area or normal summer range for the species and there are no migration corridors mapped on the site by CDOW. Further, the Property is not listed as a Winter Concentration Area, which areas are defined as locations that harbor 200% higher densities of animals than surrounding areas of defined winter range in the five average winters out of ten. In sum, the Property is not considered a high quality deer habitat, and certainly does not receive significant use by this species. The Property, however, is officially mapped by CDOW as Severe Winter Range for deer, which is defined as the area on which 90% of the animals may occur when annual snowpack is at its maximum and/or when temperatures are at their lowest during the worst two winters out of ten. However, because of the lack of native shrub species and the bulk of the site being cropland or grassy wetland vegetation, there is little forage available for deer, particularly under the severe, deep -snow circumstances which would force them to utilize the area. Further, the presence of the 1-70 corridor and increasing amount of urban development on the valley floor render this area less and less suitable for deer utilization each year. Elk are not known to utilize the area regularly, nor in any appreciable numbers, and there are no mapped summer range, production areas, migration corridors, winter concentration areas nor severe winter range mapped on or near the Property. The site is indicated as "normal" winter range by CDOW, but the proximity of 1-70, increasing development on the valley floor and lack of security cover render this area fairly unattractive to elk. 6 Bald Eagle: There are no Bald eagle nests known to occur on the parcel, though there is an active nest site approximately 2 miles west of the Property. The scarcity of mature cottonwoods or other tall tree species suitable for eagle nest sites makes this a very unattractive Location for nesting. The few, scattered, mid-sized cottonwoods that are present do not provide adequate perches for hunting or roosting along the river. Abundant, mature stands of cottonwoods, Ponderosa pine and Douglas fir exist both upstream and downstream of the Property, and provide far more productive habitat for this species. Given the lack of current seedling establishment of any large tree species in the area, particularly along the river, it would take many years for this parcel to provide a significant amount of the specialized habitat features Bald eagles prefer. The river is currently a critical component to eagle use of the Property, as it provides the only water available to support a Bald eagle's chief sources of food: fish and waterfowl. A significant migratory population of Bald eagles winter along the Colorado River, generally arriving in late fall and remaining along the river corridor until early spring. There are a number of regular winter roost sites well-known along the river corridor from Battlement Mesa all the way to Dotsero, though any mature tree with large, clear branches near the river may be used intermittently. The lack of mature trees of any kind on the Property limits its current value to Bald eagles. Great Blue Heron: Great blue herons are included because they select relatively quiet, undisturbed riparian sites to set up nesting colonies, and they require healthy aquatic ecosystems to provide adequate food resources. As such, they are an excellent indicator of the relative health and viability of many other species in the area. There is a known, active nesting colony (rookery) located approximately 0.7 miles upstream of the Property. The lack of mature cottonwoods on the Property itself precludes it for such a use. However, the floodplain habitats along the river and the abundant grassy wetland areas hosting a healthy amphibian population, along with crayfish and aquatic insects, make those areas attractive feeding locations for herons. No herons were observed on the Property during any of the site visits, though the existing foraging habitat and reasonable proximity to an existing rookery would indicate that it likely receives some use by this species at present. Sandhill Crane: Sandhill cranes are not known to nest in the area. They do, however, occasionally stop over along the Colorado River during spring and fall migration. This use is intermittent, at best, and seldom involves more than a handful of birds. Sandhill cranes prefer broad, open habitats that allow them to see predators at a distance and avoid ambush. They therefore frequent large rivers on sandbars, Targe, open Iakeshores or islands and also Targe, unobstructed agricultural grain fields. Since most agricultural production in the lower Colorado River valley involves grass and alfalfa production and relatively Iittle grain production, the agricultural fields are not heavily targeted by migrating birds. Rather, the cranes generally search for open islands and sandbars in braided sections of the Colorado River where they can feed on amphibians and crustaceans and rest in relative safety. Some of the floodplain areas with grassy wetlands on the Property could provide stopover habitat for migrating cranes, though the proximity of willow stands and the encroachment of the Russian olive trees has significantly 7 reduced visibility and make cranes vulnerable to ground-based predators such as coyotes. There are no documented reports of cranes using the Property. 6.0 Potential Effects of the Proposed Project The proposed project will result in removal of a significant amount of rock and gravel resources below the existing grade, which will result in the creation of four separate lakes on the Property. Because existing jurisdictional wetlands will be completely avoided during construction, the presence of these wetland areas influenced the final design, location, size and number of ponds to be created. As part of the mitigation measures, pond depth, shoreline slopes and layout as well as submerged slopes will all be designed to establish a variety of habitat types to meet requirements of a diverse array of wildlife species. This will include creation of fisheries, including deepwater habitats, as well as perennial wetland vegetation communities, both emergent and wet -meadow types. It is anticipated that mitigation will include planting of a broad selection of wetland and upland species to maximize the productivity and diversity of habitats on the Property. A comprehensive mitigation plan will be developed as part of the permitting process. Creation of the lakes will result in increased diversity by adding deep water habitat types, fisheries which currently do not exist, and a great deal of "edge", which is how biologists define the convergence of two or more habitat types. Edges tend to be very attractive to a great many wildlife species, providing food and cover in close proximity. As a result, habitat edges support an enormous diversity of wildlife species, which will increase the value of the Property as a wildlife area and provide a number of recreational opportunities for people. Finally, there will be a 100 -foot buffer along the river itself, which will protect the few existing cottonwoods on the site as well as the riparian -wetlands along the banks. Potential effects and opportunities posed by the project for the key species identified in Section 5 are discussed below. Mule Deer and Elk: Since both mule deer and elk make little use of the Property, the gravel pit operations are unlikely to have any detrimental effects to either species, nor will creation of the lakes be likely to enhance habitat for them. Mitigation measures that increase the shrub and tree component of the vegetative community and create additional cover and feed resources (which would be available above snowpack in severe winters) would be of great benefit to mule deer, though less so for elk. Bald Eagle: The absence of tall snags and mature tree species on the Property significantly limit the suitability of this site for Bald eagles. Further, available habitat for key prey species on which eagles depend is also limited on the Property. The mining operation has the potential to create a great deal of habitat for prey species, particularly for fish and waterfowl, which would provide an increased prey base for eagles. Further, mitigation measures such as tree planting or establishment of artificial nest structures could also improve suitability of the Property for Bald eagles. Such measures could provide a significant benefit relatively quickly, especially for the migratory population of Bald eagles that winter along the Colorado River. 8 Great Blue Heron: A healthy population of Great blue herons are present throughout the valley. As noted previously, the lack of mature cottonwoods on the Property significantly limits habitat suitability for rookery establishment, but the grassy wetland areas and river shoreline do provide some adequate foraging habitat for the birds. Creating fisheries in the ponds after mining has been completed could provide an excellent source of food for the herons, and the creation of emergent wetlands on the pond fringes will add diversity and a significant food base as well. Planting of cottonwoods on the reclaimed site will eventually create suitable habitat for a rookery. Turning over the Property to the CDOW for use as a State Wildlife Area will also ensure the long-term preservation of these habitats for herons and the variety of aquatic species they feed on. Sandhill Crane: Sandhill crane use along the Colorado River is sporadic during spring and fall migration, and generally involves small flocks or pairs of birds when it occurs. There is no documented use of the Property by this species, and suitable habitat is currently limited due to the encroachment of Russian olive trees which decrease sight distance and make the birds vulnerable to predation. The creation of lakes on the site opens an opportunity to create island features, which would provide roosting security for this species. The lake and wetland fringe creation would also enhance the food base as described for Great Blue herons, making the site attractive as a stopover for migrating cranes. However, since current crane use of the entire lower Colorado River valley is so sporadic currently, it would not be prudent to expect a single 163 -acre site to create enough of an attraction to increase crane stopover to any appreciable degree. 9 7.0 Literature Cited Andrews, Robert and Righter, Robert. 1992. Colorado Birds. Denver Museum of Natural History. Denver, CO. Caro, T.M., and G. O'Doherty. 1999. On the Use of Surrogate Species in Conservation Biology. 13:805. Colorado Division of Wildlife. 2005. Colorado Species Distribution Maps. Available online at http://ndis.nrel.colostate.edu . Natural Diversity Information Source, Colorado Division of Wildlife, Fort Collins, CO. Colorado Division of Wildlife. 2004. Natural Diversity Information Source. Colorado Species Distribution Maps. Colorado Division of Wildlife, Fort Collins, CO. Colorado Natural Heritage Program. 1999. Raptor locations in Garfield County. Lambeck, R. J. 1997.Focal Species: A Multi -Species Umbrella for Nature Conservaton. Conservation Biology. 11:849. Robbins, Chandler S. et al. 1983. A Guide to Field Identification ---Birds of North America. Golden Press. New York. Roberge, J.M., and P. Angelstam. 2004. Usefulness of the Umbrella species Concept as a Conservation Tool. Conservation Biology. 18:76-85. 10 Table 1: Common plants found on the Hang's Ranch study area. ID Scientific Name Common Name Indicator Status Stratum 1 Carex nebraskensis Nebraska Sedge OBL H 2 Carex microptera Small -Wing Sedge FAC H 3 Carex lanuginosa Woolly Sedge OBL H 4 Beckmannia schyzachne Sloughgrass FACW H 5 Scirpus americanus Three -Square Bulrush OBL H 6 Eleocharis macrostachya Creeping Spikerush OBL H 7 Iris missouriensis Wild Iris OBL H 8 Agropyron elongatum Intermediate Wheatgrass FACU H 9 Dactylis glomerata Orchardgrass FACU H 10 Bromus inermis Smooth Brome NI H 11 Trifolium repens White Clover FACU H 12 Trifolium hybridum Alsike Clover FAC- H 13 Phleum pratense Timothy FACU H 14 Poa pratensis Kentucky Bluegrass FACU H 15 Agrostis stolonifera Redtop Bentgrass FACW H 16 Melilotus officinalis Sweetclover FACU H 17 Equisetum arvense Field Horsetail FAC+ H 18 Equisetum hyemale Tall Scouring Rush FACW H 19 Agropyron smithii Western Wheatgrass FACU H 20 Rumex crispus Curly Dock FACW H 21 L Juncus arcticus Arctic Rush FACW H 22 Juncus confusus Colorado Rush FAC+ 1-1 23 Elymus repens Quackgrass FACU H 24 Achillea millefolium Western Yarrow FACU H 25 Rosa woodsii Wood's Rose FAC- S 26 Agropyron cristatum Crested Wheatgrass -M H 27 Taraxicum officinale Dandelion FACU+ H 11 28 Kochia scoparia Kochia FACU H 29 Populus fremontii Fremont Cottonwood FAC 1111111 30 Clematis ligustifolia Western Virgins Bower FACU 111111 Alopecurus aequalis Short -Awn Foxtail OBL liall 32 Rhus trilobata Skunkbush Sumac FAC NM 33 Crataegus erythropoda Western Hawthorn SIIIIIIIIIIIIIIIIII 34 Canada Thistle FACT] EMI Distichlis spicata Inland Saltgrass FAC+ 111111 36 Phalaris arundinacea Reed Canarygrass OBL 11.1 37 Cardaria draba Whitetop NI 111111 38 Sarcobatus vermiculatus Greasewood NI S 39 Grindelia squarrosa Curlycup Gumweed SIIIIIIIII H 40 Lactuca serriola Prickly Lettuce liall11111=1 41 Festuca scabrella Rough Fescue 12.11.1111.11 42 Cynoglossum officinale Houndstongue 1111.1151.1 43 Carduus acanthoides Plumeless Thistle 11111111.1111111 44 gliga== Burdock 11111.111.1 H 45 Triglochin maritimum Arrowgrass O13L MI 46 Salix planifolia Planeleaf Willow OBL S 47 Elaeagnus angustifolia Russian Olive NI T 48 Salix lasiandra Whiplash Willow OBL S 49 11212=1111 Short Beak Sedge FACW+ lall 50 111=211111 Beaked Sedge OBL H 111 Mentha arvensis Field Mint FACW H 52 Polygonum erectum Erect knotweed NI 111.1 53 Amaranthus retroflexus Redroot Pigweed FACU+ 54 Artemisia tridentata Big Sagebrush FACU S 12 8.0 Photographic Documentation of Existing Conditions Typical upland pasture on the Property. Note the abundance of Russian olives and the barb -wire fence in disrepair. Small area of sagebrush -dominated uplands. Note the encroachment of Russian olives. 13 Irrigated pasture in disrepair. Note weedy annuals in hayfield, Russian olive domination of uplands and lack of ditch maintenance. View of wetlands area looking northeast toward the river. Note severe infestation of Russian olives throughout the site and the lack of mature cottonwoods, especially along the river. 14 Banks and Gesso, LLC APPENDIX F -- Mitigation and Reclamation Plan Grand River Park Project 05021 Silt Sand & Gravel LLC September 29, 2006 Environmental Solutions Biological Assessment, Wetland Delineation and Mitigation, Fish and Wildlife Habitat Enhancement MITIGATION and RECLAMATION PLAN HANG'S RANCH PARCEL GARFIELD COUNTY, COLORADO PREPARED FOR: Silt Sand & Gravel, LLC 0304 Highway 133 Carbondale, CO 81623 August 2006 TABLE OF CONTENTS 1.0 Introduction 3 2.0 Expected Resource Impacts 3 3.0 Mitigation and Reclamation Measures 5 4.0 Developing New Habitats and Opportunities 8 5.0 Summary 9 LIST OF FIGURES 1 - General Location Map 2 C-1 Post -Mining Reclamation Plan Map 2 1.0 Introduction This Mitigation and Reclamation Plan (the "Plan") presents a detailed list of measures designed to offset the impacts of proposed gravel mining operations on the Hang's Ranch parcel (the "Property") located southwest of Silt, Colorado along the Colorado River. The 163 -acre parcel is located in Section 9, Township 6 South, Range 92 West, in unincorporated Garfield County (Figure 1). Mitigation activities are designed to avoid or lessen the impacts of the gravel mining itself during operations. Reclamation efforts are designed to restore vegetative communities and specific habitat parameters after mining is complete. This Plan tiers to the earlier report entitled "Wildlife and Habitat Assessment: Hang's Ranch Parcel" (the "Assessment Report"). Therefore, the reader is referred to that document for a detailed description of existing resources and conditions on the Property. Since the project sponsor has proposed that the Property be donated to the CDOW for use as a public State Wildlife Area once all mining and reclamation activities are completed, the primary goal of this Plan is to create favorable habitat conditions for a variety of existing wildlife species utilizing the Property, and take advantage of new habitat opportunities which will result from the mining activity. To that end, the Plan addresses significant wildlife uses currently occurring on the Property, and provides solutions to improve the condition and functional values of the various habitat types found on the site. The Plan further addresses potential for diversification and creation of habitat types which will be made possible because of the mining activity, including specific recommendations for species of concern, which species were identified in the Assessment Report. 2.0 Expected Resource Impacts The project sponsor has proposed a surface extraction operation to mine sand and gravel resources on the property. Operations would be conducted in phases, with portions of the property being extracted sequentially. It is anticipated that all mining would be completed within a I0 -year period, with reclamation occurring on each segment of the parcel as mining operations conclude. The mitigation measures set forth in this Plan are designed to avoid negative impacts to wildlife and habitat whenever possible and to minimize the effects of mining activities when an impact is unavoidable. Reclamation measures are designed to restore functional capacity to habitats as quickly as possible after mining activities are completed, and develop specific habitat components utilizing new resources created by the mining operations. Expected impacts to each resource, including the key wildlife species identified in the Assessment Report, are listed below along with a brief discussion. Section 3 will address mitigation and reclamation measures specific to each identified resource impact. 3 Vegetation The Property contains a significant amount of planted hayfields and pastures, and other upland areas. Irrigation activities and other management inputs appear to have been inconsistent in recent years, and the pastures are in a clearly degraded state, as evidenced by their low productivity and plethora of weedy annual species. Gravel mining will eliminate much of these upland areas and change them to lakes, emergent wetlands and moist -soil uplands. Hydrology The Property is located along the Colorado River corridor, with part of it within the 100 - year floodplain. Groundwater levels range between 2 and 6 feet below the surface over much of the site, with an average of 5 feet. Some areas adjacent to the river are shallowly -inundated, at least during portions of the year. Gravel mining operations will expose this groundwater and create a series of lakes, with water levels likely to occur at or near the level currently indicated by monitoring wells. Soils Soils encountered on the site were comprised of Arvada, Kim and Wann loams as mapped by the NRCS. All of these soils are alkali -affected to varying degrees, which accounts for the prevalence of Inland saltgrass, Alkali sacaton, greasewood and other adapted species. The soils ranged from fine silty loams to cobbly-sandy loams, which varied from well - drained to somewhat -poorly drained, depending on location. Most areas have a very shallow overburden of soils and extensive alluvial deposits of mixed aggregate material. The soils will be stockpiled on-site during mining operations and used in the reclamation process. The proposed project will result in removal of a significant amount of rock and gravel resources below the existing grade, which will result in the creation of four lakes on the Property. Mule Deer and Elk: Since both mule deer and elk make little use of the Property, the gravel pit operations are unlikely to have any detrimental effects to either species, nor will creation of the lakes be likely to enhance habitat for them. Reclamation measures that increase the shrub and tree component of the vegetative community and create additional cover and feed resources (which would be available above snowpack in severe winters) would be of great benefit to mule deer, though less so for elk. Further, the presence of the 1-70 corridor and increasing amount of urban development on the valley floor render this area less and less suitable for deer or elk utilization each year. 4 Bald Eagle: The absence of tall snags and mature tree species on the Property significantly limit the suitability of this site for Bald eagles. Further, available habitat for key prey species on which eagles depend is also limited on the Property. The mining operation will have negligible impact on bald eagles since the site is largely unsuitable for them in the first place. Great Blue Heron: A healthy population of Great blue herons are present throughout the Colorado River valley. As noted previously, the lack of mature cottonwoods on the Property significantly limits habitat suitability for rookery establishment, but the grassy wetland areas and river shoreline do provide some adequate foraging habitat for the birds. Mining activities may cause some minor displacement of foraging birds during operations, but no significant impact to the population will occur. Sandhill Crane: Sandhill crane use along the Colorado River is sporadic during spring and fall migration, and generally involves small flocks or pairs of birds when it occurs. There is no documented use of the Property by this species, and suitable habitat is currently limited due to the encroachment of Russian olive trees which decrease sight distance and make the birds vulnerable to predation. Since there is little use or attraction to the Property, mining activities will have little, if any impact to Sandhill cranes. 3.0 Mitigation and Reclamation Measures Mitigation and reclamation measures are conducted on two levels. The first are general practices which either minimize temporal impacts or provide direct or indirect benefits to wildlife and the habitat resources on which they depend. The second level includes targeted practices to meet specific habitat requirements for individual species or the food base which supports that species. This Plan contains a number of measures on both levels, as presented below. General Miti2ation/Reclamation The first mitigation measure will be the phasing of the project. Rather than disrupting all habitats across the entire site simultaneously, this project will move forward in phases with only one segment of the Property being disturbed at any given time. Reclamation of that area will commence as soon as mining activities have been completed and the project moves on to the next phase. Second, a noxious weed control plan will be in place during the course of the project. Monitoring will be continual and any new infestations of any listed noxious weed species will be treated and eradicated via mechanical or chemical methods. Existing infestations of listed plants will also be treated, most notably the removal of the extensive stands of Russian olives. Third, a 100 -foot vegetative buffer will be maintained along the Colorado River, effectively maintaining the riparian area, protecting the few, mature cottonwood trees on 5 the Property, and providing a secondary sediment barrier to the river (backing up standard silt fence and other construction BMPs). Targeted Mitigation/Reclamation Vegetation Since the upland sites have an extensive infestation of Russian olive trees, which are on the State noxious weed list and which displace more desirable tree and shrub species, all stands of Russian olives will be eradicated from the site. Reclamation will include planting of native shrub and tree species to benefit a wide variety of wildlife species. Shrubs such as Golden currant, Skunkbush sumac, Fremont cottonwood and Narrowleaf cottonwood will be included in the plantings. A complete reclamation plant list is contained in the Appendix. Wetland areas on the Property contain mainly grass -grasslike and forb vegetation, though some areas of shrub/scrub wetland areas are present, particularly adjacent to the river. A significant amount of the identified wetland areas are agriculturally -induced due to irrigation and seepage from the main lateral ditches on the Property. The creation of the lakes, with designed slopes, irregular shorelines and consistent water table will allow creation of a variety of wetland types, not just the grassy meadows now prevalent on the site. There is opportunity here to create more emergent wetlands and shrub -scrub wetland areas to benefit a greater diversity of wildlife, particularly songbirds. A complete wetland planting list is contained in the Appendix. Fremont cottonwood is an important riparian tree species which is notably scarce on the site. Extensive cattle grazing through the fall and winter months on the Property removed these highly -palatable species during early growth stages, preventing their establishment. The removal of cattle grazing and replanting a large number of seedlings of this species will help stabilize soils and create vertical stratification of habitats important for many wildlife species. Hydrology Since mining activities will expose groundwater, the State Division of Water Resources requires development of a water augmentation plan. Mitigation will involve the development of that plan and meeting all State regulatory requirements with regard to water rights and evaporative losses. Further, the hydrology impacts and regulatory considerations were key elements in designing the number, size, depth and surface area of each lake to minimize hydrology impacts to the extent practicable. Soils Any available soils on the Property will be salvaged and stockpiled on-site during mining operations, and re -used during reclamation activities to provide a suitable seedbed for plantings. Given the amount of area which will be changed to open waters, the thin soils 6 salvaged from the area can be deepened when re -distributed on the reclaimed upland areas. Mule Deer and Elk: Since both mule deer and elk make little use of the Property, the gravel pit operations are unlikely to have any detrimental effects to either species, nor will creation of the lakes be likely to enhance habitat for them. Therefore, no mitigation measures are necessary. Reclamation efforts that increase the shrub and tree component of the vegetative community and create additional cover and feed resources which would be available above snowpack in severe winters, would be of great benefit to mule deer, though less so for elk. The reclamation plan calls for planting a variety of shrub species that would benefit both these species, though the likelihood of attracting more use amid continuing development of surrounding parcels is not likely. A detailed plant list is included in the Appendix. Bald Eagle: The absence of tall snags and mature tree species on the Property significantly limit the suitability of this site for Bald eagles. Further, available habitat for key prey species on which eagles depend is also limited on the Property. The mining operation has the potential to create a great deal of habitat for prey species, particularly for fish and waterfowl, which would provide an increased prey base for eagles. Reclamation measures will include planting tall, long-lived tree species such as Fremont and Narrowleaf cottonwoods and establishment of artificial nest structures (platforms atop old telephone poles). These actions will improve suitability of the Property for Bald eagles in the long-term. The construction of the lakes and development of fisheries will improve the site for eagles in relatively short order. Great Blue Heron: A healthy population of Great blue herons are present throughout the valley. As noted previously, the lack of mature cottonwoods on the Property significantly limits habitat suitability for rookery establishment, so planting tall -growing tree species will, in time, improve the site for heron's just as it does for bald eagles. Creating fisheries in the ponds after mining has been completed will provide an excellent source of food for the herons, and the creation of emergent wetlands on the pond fringes will add diversity and a significant food base as well. Sandhil! Crane: The creation of lakes on the site opens an opportunity to create island features, which would provide roosting security for this species. This idea is discussed in Section 4. The lake and wetland fringe creation would also enhance the food base as described for Great BIue herons, making the site more attractive as a stopover for migrating cranes. However, since current crane use of the entire lower Colorado River valley is so sporadic, it would not be prudent to expect a single 163 -acre site to create enough of an attraction to increase crane stopover to any appreciable degree. 7 4.0 Developing New Habitats and Opportunities Creation of lakes will add an entirely new habitat dimension to the parcel. First, it will create aquatic habitats now absent from the parcel, and second, it will enhance the "edge effect" as discussed in the Assessment Report. The presence of lakes will provide a variety of new wetland types, and deepwater habitats will allow the creation of fisheries and an entirely new component to the food chain in the area. The size of these lakes will also allow for development of islands, which are unique features for many species due to the isolation and security they provide from many land-based predators. A detailed discussion of these opportunities follows. Lake Design: The gravel pits were designed to meet wildlife and habitat diversity objectives. The gravel extraction will occur down to finished grades to minimize earthmoving necessary to finalize reclamation efforts. Specifically, the lakes were designed to meet the following criteria: 1. Maximize meandering shoreline and "edge effect" 2. Slopes above and below water surface elevation at 3:1 maximum, and less steep whenever possible The purpose of these general criteria is to meet numerous objectives. First, meandering shorelines create edges where two or more habitat types meet. Edges tend to be very attractive to a great many wildlife species, providing food and cover in close proximity. As a result, habitat edges support an enormous diversity of wildlife species, which will increase the value of the Property as a wildlife area and provide a number of recreational opportunities for people. Second, meandering shorelines tend to break up wind and wave action, which helps stabilize the banks. Finally, they are also aesthetically pleasing as compared to typical geometric gravel pits. The slopes are important for a variety of reasons. Slopes steeper than 3:1 tend to slough and erode easily, especially under wave action. They are also difficult to negotiate for any terrestrial animal attempting to climb out of a pond, including humans. Therefore, from a safety standpoint, 3:1 slopes were the maximum allowed. Having 4:1 or even more gentle slopes extending below the water surface also maximizes creation of emergent wetlands, which is an extremely productive habitat type supporting a vast array of food chains and wildlife species. The same principle applies to above -water slopes since a phenomenon known as hydrologic lift causes the soil to act as a sponge and lift water through the soil up to 2 vertical feet above the water surface elevation. This provides saturated soil conditions and allows another tier of wetland plant communities to develop, which are also highly productive habitats. These areas are also extremely important to sediment retention, bank stabilization and water quality enhancement. The more gentle the slope, the larger the zone of this habitat type around a water body. The edge effect is also compounded since you have concentric rings of edge very closely aligned, beginning with open waters, to emergent wetlands, to moist -soil wetlands which transition to upland areas. 8 Island Features: Islands are a unique feature in the landscape and people have developed some unique methods of creating them. This project will utilize an artificial floating island, which will support extensive wetland vegetation, provide shade and cover for fish, security for waterfowl and shorebirds, including Great Blue herons and Sandhi II cranes, and will not require leaving a substantial amount of gravel resources in the lake to form the base of the island. This will allow a larger mass of water, complete with ample shading, which will help keep water temperatures cool and oxygen levels high, both of which conditions are important to supporting a healthy aquatic ecosystem. An island feature functions on multiple levels to the benefit of a tremendous variety of wildlife species, and creates a three-dimensional edge effect in the water column. [t will enhance the complexity of the food chain, increase productivity, and provide benefits to upland, wetland and aquatic species simultaneously. 5.0 Summary Despite the generally degraded condition of most of the upland areas, a diverse array of species currently utilize the Property, including coyote, red fox, cottontail rabbit, and other small mammals. A variety of bird species frequent the area, at least seasonally, including a wide range of songbirds, waterfowl and raptor species. Further, several amphibian species and reptiles can be found on the Property, and the wet areas host a tremendous variety of insects, which are the basis of the food chain for many of the species listed above. Gravel mining activities will temporarily disrupt some of these functions, and in the long- term modify the location of some habitat types. However, the creation of lakes, including deepwater habitats, will add a new dimension to habitat availability and increased functionality. The significant increase in water resource availability, three-dimensional edge effects and creation of a more diverse array of habitat types in close juxtaposition, will increase wildlife diversity on the Property upon completion of the project. Further, turning management of the Property over to the CDOW will assure that the site retains an open -space character and diverse habitat functionality in perpetuity. The Property will also provide increased recreational opportunities complete with public access, which is not currently the case. In sum, the long-term benefits of this project complete with the mitigation and reclamation provisions in this Plan, will far outweigh the temporary impacts of the mining operation itself. 9 APPENDIX A Seed mixture for post -construction reclamation. Seed will be broadcast planted at the rate of 20 pounds per acre (pure live seed rate). Common Name Scientific Name Application Rate (PLS) Alkali sacaton Sporobolus airoides 1.5 Western wheatgrass Agropyron smithii 6.0 Bottlebrush squirreltail Elymus elymoides 6.0 Needle -and -thread grass Stipa comata 3.0 Bluebunch wheatgrass Agropyron spicatum 1.5 American vetch Vicia americana 2.0 APPENDIX 13 Tree and shrub species list for reclamation seedling planting. ID Scientific Name Common Name Site Type Stratum 1 Populus fremontii Fremont Cottonwood Moist riparian T 2 Populus angustifolia Narrowleaf Cottonwood Moist riparian T 3 Acer negundo Boxelder Moist riparian T 4 Fraxinus pennsylvanica Green Ash Upland T 5 Ribes aureum Golden Currant Upland S 6 Rhus trilobata Skunkbush Sumac Riparian -Upland S 7 Prunus americana American Plum Upland T 8 Ribes cereum Wax currant Upland S 9 Prunus virginiana Chokecherry Upland r S 10 APPENDIX C RIPARIAN FLOOD PLAIN AND TERRACE WILLOW CARR Species Common Name Graminoids Forbs Trees / Shrubs Juncus arcticus Arctic rush X Carex aquatilis Water sedge X Carex lanuginosa Wooly sedge X Carex nebraskensis Nebraska sedge X Carex utriculata Beaked sedge X _ Deschampsia caespitosa Tufted hairgrass X Poa palustris Fowl bluegrass X Epilobium angustifolium Fireweed X Heracleum sphonlylium Cow -parsnip X Mentha arvensis Wild mint X Alnus incana Thinleaf alder Acer glabrum Rocky Mountain Maple X Populus angustifolia Narrowleaf cottonwood X Prunus virginiana Black chokecherry X Ribes cereum Wax currant X Rosa woodsii Woods' rose X Salix bebbiana Bebb willow X Salix exigua Sandbar willow X Salix drummondiana Drummond's willow X Salix geyeriana Geyer's willow X Swida sericea Red -osier dogwood X APPENDIX D WETLAND -FRESHWATER MARSHES AND PLAYAS SPECIES LIST Species Common Name Graminoids Forbs Trees / Shrubs _1 Carex aquatilis Water sedge X Carex utriculata Beaked sedge X Eieocharis palustris Common spike-rush X Juncus arcticus Arctic rush X Scirpus acutus Hardstem bulrush X _ Scirpus pungens Three -s. uare bulrush X II OR ER OF wo Thousand Nine Hundred Seven ve '!3111 00/1 J COLORADO DEPARTMENT of PUBLIC `HEA ;TH AND`ENVIROMENT DEPT. 436 DENVER, CO 80281-0436 O ti MEMO AIRS NO 777/1373 1100 l66 5411' •': V0 700 24481:263003970111' *********** *it** *****+kjE *fir * ve * **yet******4 WESTERN SLOPE AGGREGATES, INC. 16654 COLORADO DEPARTMENT of PUBLIC HEALTH 10/8/2007 Date Type Reference Original Amt. Balance Due Discount Payment 10/8/2007 Bill 777/1373 2,975.00 2,975.00 2,975.00 Check Amount 2,975.00 Cash - Bank of Colora AIRS NO 777/1373 2,975.00 WESTERN SLOPE AGGREGATES, INC. COLORADO DEPARTMENT of PUBLIC HEALTH Date Type Reference Original Amt. 10/8/2007 Bill 777/1373 2,975.00 16654 0/8/2007 Bala ce a Discount Payment 10,e75.0 0 2,975.00 Ch Amount 2,975.00 Cash - Bank of Colora AIRS NO 7 /1373 • 2,975.00